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31977L0101

Council Directive 77/101/EEC of 23 November 1976 on the marketing of straight feedingstuffs

Official Journal L 032 , 03/02/1977 P. 0001 - 0031 Finnish special edition: Chapter 3 Volume 8 P. 0076  Greek special edition: Chapter 03 Volume 17 P. 0081  Swedish special edition: Chapter 3 Volume 8 P. 0076  Spanish special edition: Chapter 03 Volume 11 P. 0194  Portuguese special edition Chapter 03 Volume 11 P. 0194

COUNCIL DIRECTIVE  of 23 November 1976  on the marketing of straight feedingstuffs  (77/101/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas livestock production occupies a very important position in the agriculture of the European Economic Community ; whereas satisfactory results depend to a large extent on the use of suitable, good-quality feedingstuffs;  Whereas rules governing feedingstuffs are important to an increase in agricultural productivity, in view of the role played by straight feedingstuffs in this respect;  Whereas it is necessary to lay down rules for the more important straight feedingstuffs ; whereas corresponding names must be used for those straight feedingstuffs put on the market and these must correspond to the descriptions under which they are presented;  Whereas, when rules are being laid down for the marketing of straight feedingstuffs, care should be taken to ensure that such feedingstuffs have a favourable effect on livestock production ; whereas feedingstuffs must therefore always be wholesome, unadulterated and of merchantable quality ; whereas they must neither represent a danger to animal or human health nor be marketed in a manner liable to mislead;  Whereas the provisions of this Directive apply only to straight feedingstuffs which are intended for use as such by livestock producers ; whereas the Member States must, however, have the opportunity of extending the principles of this Directive to products and substances used for the manufacture of compound feedingstuffs;  Whereas it is necessary to provide the user with accurate and meaningful information on the composition of the straight feedingstuffs at his disposal ; whereas, therefore, at least the amounts of those constituents having a direct affect on the quality of the feedingstuffs should be declared;  (1)OJ No C 10, 5.2.1972, p. 35. (2)OJ No C 4, 20.1.1972, p. 3.   Whereas, having regard to the established practice in certain Member States, provision must be made for the opportunity of requiring a more complete declaration of the composition of straight feedingstuffs ; whereas, however, such additional declarations may only be required to the extent provided for in the Annex;  Whereas Member States may provide for the naming, description and labelling of straight feedingstuffs other than those listed in the Annex;  Whereas Member States should, furthermore, have the opportunity of providing for the compulsory packaging of certain straight feedingstuffs listed in the Annex;  Whereas it appears useful to make it possible for Member States to promote the production of high-quality straight feedingstuffs by recommending quality criteria in relation to their composition;  Whereas it seems necessary, in order to ensure free movement within the Community for straight feedingstuffs, to fix certain minimum compositional requirements ; whereas Member States must on the other hand remain free to make these minimum requirements compulsory for the marketing of feedingstuffs in their own territories;  Whereas Member States must, however, ensure that straight feedingstuffs satisfying the provisions of this Directive shall not be subject within the Community to any marketing restrictions as regards their naming, description or labelling;  Whereas Member States must make suitable control arrangements to ensure compliance during marketing with the provisions laid down for straight feedingstuffs;  Whereas in order to facilitate the implementation of the measures envisaged and, in particular, to amend and supplement them where necessary, provision should be made for a procedure establishing close cooperation between Member States and the Commission within the Standing Committee for Feedingstuffs set up by Decision 70/372/EEC (1),  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive shall apply to straight feedingstuffs marketed within the Community.  2. This Directive shall apply without prejudice to the provisions on:    (a) additives used in feedingstuffs;       (b) the fixing of maximum permitted levels for undesirable substances and products in feedingstuffs;       (c) the fixing of maximum permitted levels for pesticide residues on or in products intended for human or animal consumption.          Article 2 For the purposes of this Directive straight feedingstuffs shall mean the various vegetable and animal products in their natural state, fresh or preserved, and their derivatives after industrial processing, as well as the various organic and inorganic substances intended, as such, for oral animal feeding.   Article 3 Member States shall prescribe that straight feedingstuffs may be marketed only if they are wholesome, unadulterated and of merchantable quality. They shall prescribe that straight feedingstuffs must not represent a danger to animal or human health and must not be presented or marketed in a manner liable to mislead.   Article 4 Member States shall prescribe that the general provisions laid down in Part A of the Annex shall apply to the marketing of straight feedingstuffs.   Article 5 1. Member States shall prescribe that the straight feedingstuffs listed in Part B, column 2, of the Annex may be marketed only under the names specified therein and on condition that they correspond to the descriptions given in Part B, column 3, of the Annex.  (1)OJ No L 170, 3.8.1970, p. 1.   2. Member States may prescribe names and descriptions for straight feedingstuffs other than those listed in Part B of the Annex.   Article 6 Member States may prescribe that the straight feedingstuffs referred to in Part B, column 7, of the Annex may be marketed only in scaled packages or containers. Member States may prescribe that the packages or containers be sealed in such a way that when a package is opened, the seal is damaged and cannot be re-used.   Article 7 1. Member States shall prescribe that the straight feedingstuffs listed in Part B, column 2, of the Annex may be marketed only if the particulars listed below - for which the producer, packer, importer, seller or distributor, established within the Community, shall be held responsible - are set out in the package or container or on a label attached thereto:    (a) the words "straight feedingstuff";       (b) name as in Part B, column 2, of the Annex;       (c) where appropriate, the particulars laid down in Part A of the Annex;       (d) the levels of the constituents listed in Part B, column 4, of the Annex;       (e) net weight;       (f) name or trade name and address or registered office of the person responsible for the particulars referred to in this paragraph.         2. Member States shall prescribe that, where straight feedingstuffs are marketed in bulk, the particulars listed in paragraph 1 shall be set out in an accompanying document.  3. Member States may prescribe that the particulars listed in paragraph 1 may appear only in an accompanying document provided that the same sign, permitting the identification of the consignment, appears on the package, container or label and on the accompanying document.  4. By way of derogation from the provisions of paragraph 1, Member States may prescribe full or partial indication of the levels of the constituents listed in Part B, column 5, of the Annex.  5. Member States shall prescribe that only the following additional particulars may be put on the package, container, label or accompanying document of straight feedingstuffs in conjunction with the particulars listed in paragraph 1:    (a) identification mark or trade mark of the person responsible for the particulars referred to in this paragraph;       (b) batch number;       (c) directions for use and the time limit for keeping the product;       (d) country of production or manufacture;       (e) price of the product;       (f) where appropriate, the particulars specified in Article 14 (b);       (g) in full or in part, the levels of the constituents listed in Part B, column 5, of the Annex.         6. Member States may lay down provisions similar to those of paragraphs 1 to 5 for straight feedingstuffs other than those listed in Part B of the Annex.  7. Any other information appearing on packaging, containers, labels and accompanying documents must be given separately from the particulars referred to in paragraphs 1 to 6.   Article 8 Member States may prescribe, for the marketing of straight feedingstuffs on their territories, that the requirements listed in Part B, column 6, of the Annex shall be complied with and may fix corresponding requirements for other straight feedingstuffs.   Article 9 Member States shall ensure that straight feedingstuffs are not subject, for reasons concerning the provisions included in this Directive, to marketing restrictions other than those provided for by this Directive.   Article 10 Amendments to be made to the Annex in the light of advances in scientific and technical knowledge shall  be adopted in accordance with the procedure laid down in Article 13.   Article 11 For the purposes of trade between Member States, the particulars referred to in Article 7 (1) to (6) shall be written in at least one of the national or official languages of the country of destination.   Article 12 Member States shall make all necessary arrangements for official inspection during marketing, at least by sampling, in order to ensure compliance with the requirements of this Directive.   Article 13 1. Where the procedure laid down in this Article is to be followed, the matter shall be referred without delay to the Standing Committee for Feedingstuffs (hereinafter referred to as "the Committee") by its chairman, either on his own initiative or at the request of a Member State.  2. The votes of the Member States within the Committee shall be weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.  3. The Commission representative shall submit a draft of the measures to he adapted. The Committee shall deliver its opinion on such measures within a time limit set by the chairman according to the urgency of the matters under examination. An opinion must receive at least 41 votes in its favour before it may be delivered.  4. The Commission shall adopt the measures and implement them forthwith where they are in accordance with the opinion of the Committee. Where they are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall adopt the measures by a qualified majority.  If the Council has not adopted any measures within three months of a proposal being submitted to it, the Commission shall adopt the proposed measures and implement them forthwith, except where the Council has voted by a simple majority against such measures.   Article 14 This Directive shall not affect the right of Member States:    (a) also to apply the principles of this Directive to products and substances intended for animal feeding which are not considered as straight feedingstuffs within the meaning of Article 2;       (b) to recommend quality criteria for certain straight feedingstuffs;       (c) to refrain from applying the provisions of this Directive in respect of straight feedingstuffs marked in such a way as to establish that they are intended for export to non-member countries.          Article 15 The Member States shall bring into force on 1 January 1979 the laws, regulations or administrative provisions necessary to comply with this Directive and shall forthwith inform the Commission thereof.   Article 16 This Directive is addressed to the Member States.     Done at Brussels, 23 November 1976.  For the Council  The President  A.P.L.M.M. van der STEE     ANNEX PART A GENERAL PROVISIONS    1. Designation      1.1. If the straight feedingstuff has undergone a process which is not indicated by the name, there must always be added to the name of the product, particulars of the process used, the method by which it had been obtained, and, if applicable, the type of presentation, e.g. "pressed", "rolled", "crushed", "ground", "milled", "pressed cake", "broken cake", "cake crumbs", "cake meal", "expellers", "expeller meal" or "oil meal".           1.2. In the case of the straight feedingstuffs listed in 2.1.1 to 2.1.3 of Part B, it may be laid down that the name must be supplemented by particulars of the type or types of wheat used : common wheat, durum wheat or common wheat and durum wheat.           1.3. In the cast of the straight feedingstuffs listed in 2.9.2 and 3.2.8 of Part B, it may be laid down that the name must be accompanied by particulars of the vegetable or animal species from which the product is derived.                  2. Compulsory declarations and requirements    2.1. The levels indicated or to be declared as specified in Part B refer to:      - the weight of the straight feedingstuff as such, for the purpose of columns 4 and 5,           - the weight of dry matter contained in the straight feedingstuff, for the purpose of column 6, with the exception of items 2.6.5, 2.6.6, 2.9.2, 3.2.8 and 3.3.2.                  2.2. Where the products referred to in column 2 of Part B of the Annex are used to denature or bind straight feedingstuffs, the following information must be given:      - denaturing agents : nature and quantity of the products used,           - binding agents : nature of the products used.             In the case of binding agents, the quantity of the products used may not exceed 3 % of the total weight.       2.3. In so ar as other values have not been laid down regarding certain straight feedingstuffs, the botanical purity of the products and by-products listed in Part B, under 1 and 2, must not be less than 95 %.       2.4. Where, on official analysis pursuant to Article 12 of the Directive, the composition of a straight feedingstuff is found to depart from the declared composition in a manner such as to reduce its value, the following minimum tolerances are permitted:      (a) for crude protein, nitrogen, total sugars, reducing sugars and sucrose, lactose and glucose (dextrose):  two units for declared contents of 20 % or more,  10 % of the declared content for declared contents of less than 20 %,  0 75 unit for declared contents of less than 5 %;            (b) for starch and inulin:  three units for declared contents of 30 % or more,  10 % of the declared content for declared contents of less than 30 %,  one unit for declared contents of less than 10 %;           (c) For crude oils and fats and crude fibre:  1 75 units for declared contents of 15 % or more,  10 % of the declared content for declared contents of less than 15 %,  0 75 unit for declared contents of less than 5 %;           (d) for moisture, crude ash, total phosphorus, calcium carbonate, calcium, magnesium, acidity index, oxidized fatty acids, matter insoluble in ether and unsaponifiable matter:  one unit for declared contents (values) of 10 % (10) or more, as appropriate,  10 % of the declared content (value) for declared contents of less than 10 % (10), as appropriate,  0 72 unit for declared contents (values) of less than 2 % (2), as appropriate;           (e) for ash insoluble in hydrochloric acid and chlorides expressed as NaCl:  10 % of the declared content for declared contents of 2 % or more,  0 72 unit for declared contents of less than 2 %;           (f) for carotene, vitamin A and Xanthophyll:  30 % of the declared content;           (g) for methionine:  20 % of the declared content.                  2.5. Without prejudice to the provisions laid down in Article 3, the content of ash insoluble in hydrochloric acid (HCl) in the straight feedingstuffs listed in Part B must not exceed 2 % unless a different content is specified in column 6.       2.6. Considered as being botanical impurities are:      (a) natural but innocuous impurities (e.g. straw and straw waste, seeds of other cultivated species or of weeds);           (b) harmless residues of other oil seeds or oleaginous fruit derived from a previous manufacturing process, the level of which does not exceed 0 75 %.                                         >PIC FILE= "T0010707">    >PIC FILE= "T0010708">    >PIC FILE= "T0010709">    >PIC FILE= "T0010710">    >PIC FILE= "T0010711">    >PIC FILE= "T0010712">    >PIC FILE= "T0010713">    >PIC FILE= "T0010714">    >PIC FILE= "T0010715">    >PIC FILE= "T0010716">    >PIC FILE= "T0010717">    >PIC FILE= "T0010718">    >PIC FILE= "T0010719">    >PIC FILE= "T0010720">    >PIC FILE= "T0010721">    >PIC FILE= "T0010722">    >PIC FILE= "T0010723">    >PIC FILE= "T0010724">    >PIC FILE= "T0010725">    >PIC FILE= "T0010726">    >PIC FILE= "T0010727">    >PIC FILE= "T0010728">    >PIC FILE= "T0010729">    >PIC FILE= "T0010730">    >PIC FILE= "T0010731">


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31991L0060

Council Directive 91/60/EEC of 4 February 1991 amending, with a view to fixing certain maximum authorized dimensions for road trains, Directive 85/3/EEC

Official Journal L 037 , 09/02/1991 P. 0037 - 0038 Finnish special edition: Chapter 7 Volume 4 P. 0010  Swedish special edition: Chapter 7 Volume 4 P. 0010

COUNCIL DIRECTIVE  of 4 February 1991  amending, with a view to fixing certain maximum authorized dimensions for road trains, Directive 85/3/EEC  (91/60/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, Council Directive 85/3/EEC of 19 December 1984 on the weights, dimensions and certain other technical characteristics of certain road vehicles (4), as last amended by Directive 89/461/EEC (5), by only fixing a maximum length for road trains,  encourages carriers and manufacturers to continously increase the maximum load length of such vehicles;  Whereas this increase involves a reduction in the space reserved for the driver;  Whereas there is a consequent deterioration in the comfort and safety of the driver's working area;  Whereas the current standards should be improved so as to lead to a better balance between the rational use of road trains and the requirements of road safety, in particular by fixing the maximum load length,  HAS ADOPTED THIS DIRECTIVE:    Article 1  Directive 85/3/EEC is hereby amended as follows:  1. the following Article is inserted:  'Article 4b  For the purposes of Article 3 (1), road trains the motor vehicle of which was put into circulation before 31 December 1991 which do not comply with the requirements of sections 1.7 and 1.8 of Annex I shall until 31 December 1998 be deemed to conform to  such requirements provided that they do not exceed the total length of 18,00 m.';  2. Section 1.1 of Annex I is replaced by the following:  '1.1. Maximum length:  - motor vehicle 12,00 m  - trailer 12,00 m  - articulated vehicle 16,50 m  - road train 18,35 m  - articulated bus 18,00 m';  3. The following sections are inserted in Annex I:   '1.7.  Maximum distance measured parallel to the longitudinal axis of the road train from the foremost external point of the loading area behind the cabin to the rearmost point of the trailer of the combination, minus the distance between the rear  of the drawing vehicle and the front of the trailer  15,65 m.  1.8.  Maximum distance measured parallel to the longitudinal axis of the road train from the foremost point of the loading area behind the cabin to the rearmost point of the trailer of the  combination  16,00 m'.  Article 2  1. Member States shall take the measures necessary to comply with this Directive before 1 October 1991. They shall forthwith inform the Commission thereof.  2. When the Member States adopt the provisions referred to in paragraph 1, these shall contain a reference to this Directive or shall be accompanied by such a reference at the time of their official publication. The form of this reference shall be  decided by the Member States.  3. Member States shall communicate to the Commission the provisions of national law which they adopt in the field governed by this Directive.  Article 3  This Directive is addressed to the Member States.   Done at Brussels, 4 February 1991. For the Council  The President  J. F. POOS   (1) OJ No C 316, 16. 12. 1989, p. 5, and OJ No C 268, 24. 10. 1990, p. 12. (2) OJ No C 149, 18. 6. 1990, p. 28. (3) OJ No C 182, 23. 7. 1990, p. 29. (4) OJ No L 2, 3. 1. 1985, p. 14. (5) OJ No L 226, 3. 8. 1989, p. 7.


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31981L0854

Council Directive 81/854/EEC of 19 October 1981 adapting, consequent upon the accession of Greece, Directive 79/409/EEC on the conservation of wild birds

Official Journal L 319 , 07/11/1981 P. 0003 - 0015 Spanish special edition: Chapter 15 Volume 3 P. 0062  Portuguese special edition Chapter 15 Volume 3 P. 0062  Finnish special edition: Chapter 15 Volume 3 P. 0147  Swedish special edition: Chapter 15 Volume 3 P. 0147

COUNCIL DIRECTIVE of 19 October 1981 adapting, consequent upon the accession of Greece, Directive 79/409/EEC on the conservation of wild birds (81/854/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas the Annexes to Directive 79/409/EEC (2) should be adapted to take account of the Accession of Greece,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Annexes I, II and III to Directive 79/409/EEC are hereby replaced by Annexes I, II and III to this Directive.   Article 2 This Directive is addressed to the Member States.     Done at Luxembourg, 19 October 1981.  For the Council  The President  P. WALKER   (1) OJ No C 144, 15.6.1981, p. 37.  (2) OJ No L 103, 25.4.1979, p. 1.   ANNEX I >PIC FILE= "T0020941">    >PIC FILE= "T0020942">    >PIC FILE= "T0020943">    >PIC FILE= "T0020944">     ANNEX II/1 >PIC FILE= "T0020945">    >PIC FILE= "T0020946">     ANNEX II/2 >PIC FILE= "T0020947">    >PIC FILE= "T0020948">    >PIC FILE= "T0020949">    >PIC FILE= "T0020950">     ANNEX III/1 - ANNEX III/2 >PIC FILE= "T0020951">     ANNEX III/3 >PIC FILE= "T0020952">


title: Commission Directive 2010/74/EU of 9 November 2010 amending Directive 98/8/EC of the European Parliament and of the Council to extend the inclusion in Annex I thereto of the active substance carbon dioxide to product type 18  Text with EEA relevance

text:
               10.11.2010

               EN

               Official Journal of the European Union

               L 292/36

         COMMISSION DIRECTIVE 2010/74/EU
   of 9 November 2010
   amending Directive 98/8/EC of the European Parliament and of the Council to extend the inclusion in Annex I thereto of the active substance carbon dioxide to product type 18
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   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 carbon dioxide.

               (2)

               Commission Directive 2008/75/EC of 24 July 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include carbon dioxide as an active substance in Annex I thereto (3) included carbon dioxide as an active substance in Annex I to Directive 98/8/EC for use in product type 14, rodenticides, as defined in Annex V to Directive 98/8/EC.

               (3)

               Pursuant to Regulation (EC) No 1451/2007, carbon dioxide has now been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 18, insecticides, acaricides and products to control other arthropods, as defined in Annex V to that Directive.

               (4)

               France was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 19 February 2008 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (5)

               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 27 May 2010, in an assessment report.

               (6)

               It appears from the examinations made that biocidal products used as insecticides, acaricides and products to control other arthropods and containing carbon dioxide may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to extend the inclusion of carbon dioxide in Annex I to that Directive to such products.

               (7)

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

               (8)

               In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing carbon dioxide and used as insecticides, acaricides and products to control other arthropods to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto. In particular, it is appropriate to require that products are only sold to and used by trained professionals, that appropriate measures to protect operators are taken to ensure minimum risk, including the availability of personal protective equipment if necessary, and that appropriate measures are taken to protect bystanders, such as exclusion from the treatment area during fumigation.

               (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 carbon dioxide 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.

               (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
   Transposition
   1.   Member States shall adopt and publish, by 31 October 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 November 2012.
   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 twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 9 November 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 123, 24.4.1998, p. 1.

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

      (3)  OJ L 197, 25.7.2008, p. 54.

      ANNEX
      The following is added to entry ‘No 7’ 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)

                     ‘990 ml/l

                     1 November 2012

                     31 October 2014

                     31 October 2022

                     18

                     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, those uses or exposure scenarios and those risks to compartments and populations that have not been representatively addressed in the European 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.
                     Member States shall ensure that authorisations are subject to the following conditions:

                                 (1)

                                 Product shall only be sold to and used by professionals trained to use them.

                                 (2)

                                 Appropriate measures to protect operators shall be taken to ensure minimum risk, including the availability of personal protective equipment if necessary.

                                 (3)

                                 Appropriate measures shall be taken to protect bystanders, such as exclusion from the treatment area during fumigation.’

         (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


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31988L0218

Council Directive 88/218/EEC of 11 April 1988 amending Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles

Official Journal L 098 , 15/04/1988 P. 0048 - 0048 Finnish special edition: Chapter 7 Volume 3 P. 0161  Swedish special edition: Chapter 7 Volume 3 P. 0161

*****COUNCIL  DIRECTIVE  of 11 April 1988  amending Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles  (88/218/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Directive 85/3/EEC (4) requires a maximum authorized width of 2 500 mm for all vehicles;  Whereas the transport of goods under temperature-controlled conditions requires the use of special vehicles which are equipped with insulated walls;  Whereas extra internal space is required for air circulation and to ensure that the load is prevented from touching the walls; whereas, in the present state of insulation technology, insulated walls should be at least 45 mm thick; whereas it is therefore impossible to use efficiently standard pallets with dimensions of 1 200 × 800 mm and also to comply with a maximum authorized width of 2 500 mm;  Whereas therefore the maximum permitted width of 2 500 mm as laid down in Directive 85/3/EEC should be increased for the category of 'refrigerated vehicles' only,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 895/3/EEC amended as follows:  1. the following indent shall be inserted as the fifth indent of Article 2:  '- thick-walled refrigerated vehicle' means any vehicle whose or movable superstructures are specially equipped for the carriage of goods at controlled temperatures in accordance with Classes B, C, E and F of the Agreement of 1 September 1970 on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP) and whose side walls, inclusive of insulation, are each at least 45 mm thick;'  2. Section 1.2. of Annex I shall be replaced by the following:  '1.2. Maximum width:  1.2 // (a) all vehicles   // 2,50 m   // (b) refrigerated superstructures of thick-walled refrigerated vehicles   // 2,60 m.'  Article 2  Member States shall take the measures necessary to comply with this Directive not later than 1 January 1989. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Luxembourg, 11 April 1988.  For the Council  The President  H. RIESENHUBER  (1) OJ No C 148, 6. 6. 1987, p. 10.  (2) OJ No C 305, 16. 11. 1987, p. 152.  (3) OJ No C 319, 30. 11. 1987, p. 25.  (4) OJ No L 2, 3. 1. 1985, p. 14.


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31996L0097

Council Directive 96/97/EC of 20 December 1996 amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes

Official Journal L 046 , 17/02/1997 P. 0020 - 0024

COUNCIL DIRECTIVE 96/97/EC of 20 December 1996 amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European 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 Article 119 of the Treaty provides that each Member State shall ensure the application of the principle that men and women should receive equal pay for equal work; whereas 'pay` should be taken to mean the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives, directly or indirectly, from his employer in respect of his employment;Whereas, in its judgement of 17 May 1990, in Case 262/88: Barber v. Guardian Royal Exchange Assurance Group (4), the Court of Justice of the European Communities acknowledges that all forms of occupational pension constitute an element of pay within the meaning of Article 119 of the Treaty;Whereas, in the abovementioned judgment, as clarified by the judgment of 14 December 1993 (Case C-110/91: Moroni v. Collo GmbH) (5), the Court interprets Article 119 of the Treaty in such a way that discrimination between men and women in occupational social security schemes is prohibited in general and not only in respect of establishing the age of entitlement to a pension or when an occupational pension is offered by way of compensation for compulsory retirement on economic grounds;Whereas, in accordance with Protocol 2 concerning Article 119 of the Treaty annexed to the Treaty establishing the European Community, benefits under occupational social security schemes shall not be considered as remuneration if and in so far as they are attributable to periods of employment prior to 17 May 1990, except in the case of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law;Whereas, in its judgments of 28 September 1994 (6) (Case C-57/93: Vroege v. NCIV Instituut voor Volkshuisvesting BV and Case C-128/93: Fisscher v. Voorhuis Hengelo BV), the Court ruled that the abovementioned Protocol did not affect the right to join an occupational pension scheme, which continues to be governed by the judgment of 13 May 1986 in Case 170/84: Bilka-Kaufhaus GmbH v. Hartz (7), and that the limitation of the effects in time of the judgment of 17 May 1990 in Case C-262/88: Barber v. Guardian Royal Exchange Assurance Group does not apply to the right to join an occupational pension scheme; whereas the Court also ruled that the national rules relating to time limits for bringing actions under national law may be relied on against workers who assert their right to join an occupational pension scheme, provided that they are not less favourable for that type of action than for similar actions of a domestic nature and that they do not render the exercise of rights conferred by Community law impossible in practice; whereas the Court has also pointed out that the fact that a worker can claim retroactively to join an occupational pension scheme does not allow the worker to avoid paying the contributions relating to the period of membership concerned;Whereas the exclusion of workers on the grounds of the nature of their work contracts from access to a company or sectorial social security scheme may constitute indirect discrimination against women;Whereas, in its judgment of 9 November 1993 (Case C-132/92: Birds Eye Walls Ltd v. Friedel M. Roberts) (8), the Court has also specified that it is not contrary to Article 119 of the Treaty, when calculating the amount of a bridging pension which is paid by an employer to male and female employees who have taken early retirement on grounds of ill health and which is intended to compensate, in particular, for loss of income resulting from the fact that they have not yet reached the age required for payment of the State pension which they will subsequently receive and to reduce the amount of the bridging pension accordingly, even though, in the case of men and women aged between 60 and 65, the result is that a female ex-employee receives a smaller bridging pension than that paid to her male counterpart, the difference being equal to the amount of the State pension to which she is entitled as from the age of 60 in respect of the periods of service completed with that employer;Whereas, in its judgment of 6 October 1993 (Case C-109/91: Ten Oever v. Stichting Bedrijfpensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf) (9) and in its judgments of 14 December 1993 (Case C-110/91: Moroni v. Collo GmbH), 22 December 1993 (Case C-152/91: Neath v. Hugh Steeper Ltd) (10) and 28 September 1994 (Case C-200/91: Coloroll Pension Trustees Limited v. Russell and Others) (11), the Court confirms that, by virtue of the judgment of 17 May 1990 (Case C-262/88: Barber v. Guardian Royal Exchange Assurance Group), the direct effect of Article 119 of the Treaty may be relied on, for the purpose of claiming equal treatment in the matter of occupational pensions, only in relation to benefits payable in respect of periods of service subsequent to 17 May 1990, except in the case of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law;Whereas, in its abovementioned judgments (Case C-109/91: Ten Oever v. Stichting Bedrijfpensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf and Case C-200/91: Coloroll Pension Trustees Limited v. Russell and Others), the Court confirms that the limitation of the effects in time of the Barber judgment applies to survivors' pensions and, consequently, equal treatment in this matter may be claimed only in relation to periods of service subsequent to 17 May 1990, except in the case of those who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law;Whereas, moreover, in its judgments in Case C-152/91 and Case C-200/91, the Court specifies that the contributions of male and female workers to a defined-benefit pension scheme must be the same, since they are covered by Article 119 of the Treaty, whereas inequality of employers' contributions paid under funded defined-benefit schemes, which is due to the use of actuarial factors differing according to sex, is not to be assessed in the light of that same provision;Whereas, in its judgments of 28 September 1994 (12) (Case C-408/92: Smith v. Advel Systems and Case C-28/93: Van den Akker v. Stichting Shell Pensioenfonds), the Court points out that Article 119 of the Treaty precludes an employer who adopts measures necessary to comply with the Barber judgment of 17 May 1990 (C-262/88) from raising the retirement age for women to that which exists for men in relation to periods of service completed between 17 May 1990 and the date on which those measures come into force; on the other hand, as regards periods of service completed after the latter date, Article 119 does not prevent an employer from taking that step; as regards periods of service prior to 17 May 1990, Community law imposed no obligation which would justify retroactive reduction of the advantages which women enjoyed;Whereas, in its abovementioned judgment in Case C-200/91: Coloroll Pension Trustees Limited v. Russell and Others), the Court ruled that additional benefits stemming from contributions paid by employees on a purely voluntary basis are not covered by Article 119 of the Treaty;Whereas, among the measures included in its third medium-term action programme on equal opportunities for women and men (1991 to 1995) (13), the Commission emphasizes once more the adoption of suitable measures to take account of the consequences of the judgment of 17 May 1990 in Case 262/88 (Barber v. Guardian Royal Exchange Assurance Group);Whereas that judgment automatically invalidates certain provisions of Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes (14) in respect of paid workers;Whereas Article 119 of the Treaty is directly applicable and can be invoked before the national courts against any employer, whether a private person or a legal person, and whereas it is for these courts to safeguard the rights which that provision confers on individuals;Whereas, on grounds of legal certainty, it is necessary to amend Directive 86/378/EEC in order to adapt the provisions which are affected by the Barber case-law,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 86/378/EEG shall be amended as follows:1. Article 2 shall be replaced by the following:'Article 21. "Occupational social security schemes" means schemes not governed by Directive 79/7/EEC whose purpose is to provide workers, whether employees or self-employed, in an undertaking or group of undertakings, area of economic activity, occupational sector or group of sectors with benefits intended to supplement the benefits provided by statutory social security schemes or to replace them, whether membership of such schemes is compulsory or optional.2. This Directive does not apply to:(a) individual contracts for self-employed workers;(b) schemes for self-employed workers having only one member;(c) insurance contracts to which the employer is not a party, in the case of salaried workers;(d) optional provisions of occupational schemes offered to participants individually to guarantee them:- either additional benefits, or- a choice of date on which the normal benefits for self-employed workers will start, or a choice between several benefits;(e) occupational schemes in so far as benefits are financed by contributions paid by workers on a voluntary basis.3. This Directive does not preclude an employer granting to persons who have already reached the retirement age for the purposes of granting a pension by virtue of an occupational scheme, but who have not yet reached the retirement age for the purposes of granting a statutory retirement pension, a pension supplement, the aim of which is to make equal or more nearly equal the overall amount of benefit paid to these persons in relation to the amount paid to persons of the other sex in the same situation who have already reached the statutory retirement age, until the persons benefiting from the supplement reach the statutory retirement age.`2. Article 3 shall be replaced by the following:'Article 3This Directive shall apply to members of the working population, including self-employed persons, persons whose activity is interrupted by illness, maternity, accident or involuntary unemployment and persons seeking employment, to retired and disabled workers and to those claiming under them, in accordance with national law and/or practice.`3. Article 6 shall be replaced by the following:'Article 61. Provisions contrary to the principle of equal treatment shall include those based on sex, either directly or indirectly, in particular by reference to marital or family status, for:(a) determining the persons who may participate in an occupational scheme;(b) fixing the compulsory or optional nature of participation in an occupational scheme;(c) laying down different rules as regards the age of entry into the scheme or the minimum period of employment or membership of the scheme required to obtain the benefits thereof;(d) laying down different rules, except as provided for in points (h) and (i), for the reimbursement of contributions when a worker leaves a scheme without having fulfilled the conditions guaranteeing a deferred right to long-term benefits;(e) setting different conditions for the granting of benefits or restricting such benefits to workers of one or other of the sexes;(f) fixing different retirement ages;(g) suspending the retention or acquisition of rights during periods of maternity leave or leave for family reasons which are granted by law or agreement and are paid by the employer;(h) setting different levels of benefit, except in so far as may be necessary to take account of actuarial calculation factors which differ according to sex in the case of defined-contribution schemes.In the case of funded defined-benefit schemes, certain elements (examples of which are annexed) may be unequal where the inequality of the amounts results from the effects of the use of actuarial factors differing according to sex at the time when the scheme's funding is implemented;(i) setting different levels for workers' contributions;setting different levels for employers' contributions, except:- in the case of defined-contribution schemes if the aim is to equalize the amount of the final benefits or to make them more nearly equal for both sexes,- in the case of funded defined-benefit schemes where the employer's contributions are intended to ensure the adequacy of the funds necessary to cover the cost of the benefits defined,(j) laying down different standards or standards applicable only to workers of a specified sex, except as provided for in points (h) and (i), as regards the guarantee or retention of entitlement to deferred benefits when a worker leaves a scheme.2. Where the granting of benefits within the scope of this Directive is left to the discretion of the scheme's management bodies, the latter must comply with the principle of equal treatment.`4. Article 8 shall be replaced by the following:'Article 81. Member States shall take the necessary steps to ensure that the provisions of occupational schemes for self-employed workers contrary to the principle of equal treatment are revised with effect from 1 January 1993 at the latest.2. This Directive shall not preclude rights and obligations relating to a period of membership of an occupational scheme for self-employed workers prior to revision of that scheme from remaining subject to the provisions of the scheme in force during that period.`5. Article 9 shall be replaced by the following:'Article 9As regards schemes for self-employed workers, Member States may defer compulsory application of the principle of equal treatment with regard to:(a) determination of pensionable age for the granting of old-age or retirement pensions, and the possible implications for other benefits:- either until the date on which such equality is achieved in statutory schemes,- or, at the latest, until such equality is prescribed by a directive;(b) survivors' pensions until Community law establishes the principle of equal treatment in statutory social security schemes in that regard;(c) the application of the first subparagraph of point (i) of Article 6 (1) to take account of the different actuarial calculation factors, at the latest until 1 January 1999.`6. The following Article shall be inserted:'Article 9aWhere men and women may claim a flexible pensionable age under the same conditions, this shall not be deemed to be incompatible with this Directive.`7. The following Annex shall be added:'ANNEXExamples of elements which may be unequal, in respect of funded defined-benefit schemes, as referred to in Article 6 (h):- conversion into a capital sum of part of a periodic pension,- transfer of pension rights,- a reversionary pension payable to a dependant in return for the surrender of part of a pension,- a reduced pension where the worker opts to take early retirement.`Article 2 1. Any measure implementing this Directive, as regards paid workers, must cover all benefits derived from periods of employment subsequent to 17 May 1990 and shall apply retroactively to that date, without prejudice to workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under national law. In that event, the implementation measures must apply retroactively to 8 April 1976 and must cover all the benefits derived from periods of employment after that date. For Member States which acceded to the Community after 8 April 1976, that date shall be replaced by the date on which Article 119 of the Treaty became applicable on their territory.2. The second sentence of paragraph 1 shall not prevent national rules relating to time limits for bringing actions under national law from being relied on against workers or those claiming under them who initiated legal proceedings or raise an equivalent claim under national law before 17 May 1990, provided that they are not less favourable for that type of action than for similar actions of a domestic nature and that they do not render the exercise of Community law impossible in practice.3. For Member States whose accession took place after 17 May 1990 and who were on 1 January 1994 Contracting Parties to the Agreement on the European Economic Area, the date of 17 May 1990 in paragraph 1 and 2 of this Directive is replaced by 1 January 1994.Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 1997. They shall forthwith inform the Commission thereof.When Member States adopt these provisions, they shall contain a reference to this Directive or 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, at the latest two years after the entry into force of this Directive, all information necessary to enable the Commission to draw up a report on the application of this Directive.Article 4 This Directive shall enter into force on the 20 day following that of its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 20 December 1996.For the CouncilThe PresidentS. BARRETT(1) OJ No C 218, 23. 8. 1995, p. 5.(2) Opinion delivered on 12 November 1996 (OJ No C 362, 2. 12. 1996).(3) OJ No C 18, 22. 1. 1996, p. 132.(4) [1990] ECR I-1889.(5) [1993] ECR I-6591.(6) [1994] ECR I-4541 and (1994) ECR I-4583, respectively.(7) [1986] ECR I-1607.(8) [1993] ECR I-5579.(9) [1993] ECR I-4879.(10) [1993] ECR I-6953.(11) [1994] ECR I-4389.(12) [1994] ECR I-4435 and [1994] ECR I-4527, respectively.(13) OJ No C 142, 31. 5. 1991, p. 1.(14) OJ No L 225, 12. 8. 1986, p. 40.


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31979L0533

Council Directive 79/533/EEC of 17 May 1979 on the approximation of the laws of the Member States relating to the coupling device and the reverse of wheeled agricultural or forestry tractors

Official Journal L 145 , 13/06/1979 P. 0020 - 0022 Finnish special edition: Chapter 13 Volume 10 P. 0007  Greek special edition: Chapter 13 Volume 8 P. 0144  Swedish special edition: Chapter 13 Volume 10 P. 0007  Spanish special edition: Chapter 13 Volume 10 P. 0105  Portuguese special edition Chapter 13 Volume 10 P. 0105

COUNCIL DIRECTIVE  of 17 May 1979  on the approximation of the laws of the Member States relating to the coupling device and the reverse of wheeled agricultural or forestry tractors  (79/533/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 technical requirements which tractors must satisfy pursuant to national laws relate inter alia to the coupling device and to the reverse;  Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure which was the subject of Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors (4), to be applied in respect of each type of tractor,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. "Agricultural or forestry tractor" means any motor vehicle, fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.  2. This Directive shall apply only to tractors defined in paragraph 1 which are fitted with pneumatic tyres and which have two axles and a maximum design speed of between 6 and 25 km/h.   Article 2 No Member State may refuse to grant EEC type-approval or national type-approval of a tractor on grounds relating to the coupling device or to the reverse if these satisfy the requirements set out in the Annexes hereto.   Article 3 No Member State may refuse the registration or prohibit the sale, entry into service or use of tractors on grounds relating to the coupling device or to the reverse if these satisfy the requirements set out in the Annexes hereto.   Article 4 Any amendments necessary for adapting the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.   Article 5 1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  (1)OJ No C 268, 11.11.1978, p. 34. (2)OJ No C 296, 11.12.1978, p. 69. (3)OJ No C 128, 21.5.1979, p. 17. (4)OJ No L 84, 28.3.1974, p. 10.   2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 6 This Directive is addressed to the Member States.     Done at Brussels, 17 May 1979.  For the Council  The President  A. GIRAUD     ANNEX I COUPLING DEVICE     1. Number  Every tractor must have a special device to which it must be possible to attach a connection such as a tow-bar or a tow-rope for towing purposes.       2. Position  The device must be fitted to the front of the tractor, which must be equipped with a coupling pin.       3. Design  The device must be of the slotted-jaw type. The functional dimensions specified must be adhered to. >PIC FILE= "T0015025">   The coupling pin must have a diameter of 30 + 1 75 mm and be fitted with a device preventing it from leaving its seating during use. The securing device must be non-detachable.  The tolerance of + 1 75 referred to above should not be regarded as a manufacturing tolerance but as a permissible variation in nominal dimensions for pins of different designs.         ANNEX II REVERSE  All tractors must be equipped with a device for reversing which can be operated from the driving position.


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31970L0221

Council Directive 70/221/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to liquid fuel tanks and rear protective devices for motor vehicles and their trailers

Official Journal L 076 , 06/04/1970 P. 0023 - 0024 Finnish special edition: Chapter 13 Volume 1 P. 0135  Danish special edition: Series I Chapter 1970(I) P. 0170  Swedish special edition: Chapter 13 Volume 1 P. 0135  English special edition: Series I Chapter 1970(I) P. 0192  Greek special edition: Chapter 13 Volume 1 P. 0089  Spanish special edition: Chapter 13 Volume 1 P. 0217  Portuguese special edition Chapter 13 Volume 1 P. 0217

COUNCIL DIRECTIVE  of 20 March 1970  on the approximation of the laws of the Member States relating to liquid fuel tanks and rear protective devices for motor vehicles and their trailers  (70/221/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia to their liquid fuel tanks and rear protective devices;  Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type approval procedure which was the subject of the Council Directive (3) 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 to be applied in respect of each type of vehicle;  HAS ADOPTED THIS DIRECTIVE:    Article 1 For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 kilometres per hour, and its trailers, with the exception of vehicles which run on rails, agricultural tractors and machinery and public works vehicles.   Article 2 No Member State may refuse to grant EEC type approval or national type approval of a vehicle on grounds relating to liquid fuel tanks or rear protective devices if these satisfy the requirements set out in the Annex.   Article 3 The amendments necessary for adjusting the requirements of the Annex so as to take account of technical progress, with the exception of the requirements set out under item I, shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive of 6 February 1970 on the type approval of motor vehicles and their trailers.   Article 4 1. Member States shall put into force the provisions containing the requirements needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 20 March 1970.  For the Council  The President  P. HARMEL  (1)OJ No C 160, 18.12.1969, p. 7. (2)OJ No C 48, 16.4.1969, p. 16. (3)OJ No L 42, 23.2.1970, p. 1.     ANNEX   I. Tanks and reserve tanks for liquid fuel  I. 1. Fuel tanks must be made so as to be corrosion resistant. They must satisfy the leakage tests carried out by the manufacturer at a pressure equal to double the working pressure but in any event not less than 1.3 bars. Any excess pressure or any pressure exceeding the working pressure must be automatically compensated by suitable devices (vents, safety valves, etc.). The vents must be designed in such a way as to prevent any fire risks. The fuel must not escape through the fuel tank cap or through the devices provided to compensate excess pressure, even if the tank is completely overturned : a drip shall be tolerated.    I. 2. Fuel tanks must be installed in such a way as to be protected from the consequences of an impact to the front or to the rear of the vehicle ; there shall be no protruding parts, sharp edges, etc., near the tanks.   II. Rear protective devices   II. 1.  The ground clearance throughout the width of the rear of the chassis or of the main parts of the body may not exceed 70 cm, where the centre of the rearmost axle and the rearmost point of the vehicle are more than 1 metre apart.    II. 2  If this requirement is not met, the vehicle must be equipped with a rear protective device fitted in accordance with the specifications listed below.    II. 3  Specifications for fitting rear protective devices:   II. 3.1.  The underside of the rear protective device must be less than 70 cm from the ground when the vehicle is unladen.    II. 3.2.  At the place where the rear protective device is fitted its width may not exceed the width of the vehicle or be less than the width of the vehicle by more than 10 cm on either side.    II. 3.3.  The rear protective device must be placed as closely as possible to the rear of the vehicle and in no case more than 60 cm from the rearmost point of the vehicle.    II. 3.4.  The ends of the rear protective device must not be bent backwards.    II. 3.5.  The rear protective device must be firmly fixed to the chassis side-members or to whatever replaces them.    II. 3.6.  The rear protective device must have a bending strength at least equivalent to that of a steel beam whose cross-section has a bending strength modulus of 20 cm3.    II. 4.  By way of derogation from the preceding requirements, vehicles of the following types need not be fitted with a rear protective device:   -  tractors for semi-trailers;   - "slung" trailers and other similar trailers for the transport of logs or other very long items;   -  vehicles for which a rear protective device is incompatible with their use.


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31980L0181

Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC

Official Journal L 039 , 15/02/1980 P. 0040 - 0050 Finnish special edition: Chapter 13 Volume 10 P. 0181  Greek special edition: Chapter 13 Volume 9 P. 0090  Swedish special edition: Chapter 13 Volume 10 P. 0181  Spanish special edition: Chapter 13 Volume 10 P. 0292  Portuguese special edition Chapter 13 Volume 10 P. 0292

COUNCIL DIRECTIVE  of 20 December 1979  on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC  (80/181/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 Council Directive 71/354/EEC of 18 October 1971 on the approximation of the laws of the Member States relating to units of measurement (1), as last amended by Council Directive 76/770/EEC (2),  Having regard to the proposal from the Commission (3),  Having regard to the opinion of the European Parliament (4),  Having regard to the opinion of the Economic and Social Committee (5),  Whereas units of measurement are essential in the use of all measuring instruments, to express measurements or any indication of quantity ; whereas units of measurement are used in most fields of human activity ; whereas it is necessary to ensure the greatest possible clarity in their use ; whereas it is therefore necessary to make rules for their use within the Community for economic, public health, public safety or administrative purposes;  Whereas, however, there exist international conventions or agreements in the field of international transport which bind the Community or the Member States ; whereas these conventions or agreements have to be respected;  Whereas the laws which regulate the use of units of measurement in the Member States differ from one Member State to another and as a result hinder trade ; whereas, in these circumstances, it is necessary to harmonize laws, regulations and administrative provisions in order to overcome such obstacles;  Whereas units of measurement are the subject of international resolutions adopted by the General Conference of Weights and Measures (CGPM) set up by the Metre Convention signed in Paris on 20 May 1875, to which all the Member States adhere ; whereas the "International System of Units" (SI) was drawn up as a result of these resolutions;  Whereas the Council on 18 October 1971 adopted Directive 71/354/EEC on the approximation of the laws of the Member States in order to eliminate obstacles to trade by adopting the international system of units at Community level ; whereas Directive 71/354/EEC was amended by the Act of Accession and by Directive 76/770/EEC;  Whereas these Community provisions have not overcome all the obstacles in this field ; whereas Directive 76/770/EEC provides for the review before 31 December 1979 of the situation regarding units of measurement, names and symbols listed in Chapter D of the Annex thereto ; whereas it has also proved necessary to review the situation regarding certain other units of measurement;  Whereas it is necessary, in order to avoid serious difficulties, to provide for a transitional period during which units of measurement which are not compatible with the international system can be phased out ; whereas it is nevertheless essential to allow the Member States wishing to do so to bring into force as quickly as possible, on their territory, the provisions of Chapter I of the Annex ; whereas it is therefore necessary to limit the duration of this transitional period at Community level while, at the same time, leaving the Member States free to curtail that period;  Whereas, during the transitional period, it is essential, particularly in order to protect the consumer, to maintain a clear position on the use of units of measurement in trade between the Member States ; whereas the obligation on the Member States to allow use of supplementary indications on products and equipment imported from other Member States during this transitional period seems to serve this purpose well;  (1)OJ No L 243, 29.10.1971, p. 29. (2)OJ No L 262, 27.9.1976, p. 204. (3)OJ No C 81, 28.3.1979, p. 6. (4)OJ No C 127, 21.5.1979, p. 80. (5)Opinion delivered on 24/25 October 1979 (not yet published in the Official Journal).   Whereas the systematic adoption of a solution of this kind for all measuring instruments, including medical instruments, is however not necessarily desirable ; whereas the Member States should therefore be able to require that, on their territory, measuring instruments bear indications of quantity in a single legal unit of measurement;  Whereas this Directive does not affect the continued manufacture of products already on the market ; whereas it does, however, affect the placing on the market and use of products and equipment bearing indications of quantity in units of measurement which are no longer legal units of measurement, when such products and equipment are necessary to supplement or replace components or parts of such products, equipment and instruments already on the market ; whereas it is therefore necessary for Member States to authorize the placing on the market and the use of such products and equipment to complete and replace components, even when they bear indications of quantity in units of measurement which are no longer legal units of measurement, so that products, equipment or instruments already on the market may continue to be used;  Whereas the International Organization for Standardization (ISO) on 1 March 1974 adopted an international standard on the representation of SI and other units for use in systems with limited sets of characters ; whereas it is advisable for the Community to adopt the solutions which have already been approved on a wider international level by ISO Standard 2955 of 1 March 1974;  Whereas Community provisions relating to units of measurement are to be found in several Community texts ; whereas the question of units of measurement is so important that it is essential that reference may be made to a single Community text ; whereas this Directive thereby consolidates all the Community provisions on the subject and repeals Directive 71/354/EEC,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The legal units of measurement within the meaning of this Directive which must be used for expressing quantities shall be:    (a) those listed in Chapter I of the Annex;       (b) those listed in Chapter II of the Annex, until a date to be fixed by the Member States ; this date may not be later than 31 December 1985;       (c) those listed in Chapter III of the Annex only in those Member States where they were authorized on 21 April 1973 and until a date to be fixed by those Member States ; this date may not be later than a date to be set by the Council before 31 December 1989 on the basis of Article 100 of the Treaty.          Article 2    (a) The obligations arising under Article 1 relate to measuring instruments used, measurements made and indications of quantity expressed in units of measurement, for economic, public health, public safety or administrative purposes.       (b) This Directive shall not affect the use in the field of air and sea transport and rail traffic of units, other than those made compulsory by the Directive, which have been laid down in international conventions or agreements binding the Community or the Member States.         Article 3 1. For the purposes of this Directive "supplementary indication" means one or more indications of quantity expressed in units of measurement not contained in Chapter I of the Annex accompanying an indication of quantity expressed in a unit contained in that Chapter.  2. The use of supplementary indications shall be authorized until 31 December 1989.  3. However, Member States may require that measuring instruments bear indications of quantity in a single legal unit of measurement.  4. The indication expressed in a unit of measurement listed in Chapter I shall predominate. In particular, the indications expressed in units of measurement not listed in Chapter I shall be expressed in characters no larger than those of the corresponding indication in units listed in Chapter I.  5. The use of supplementary indications may be extended after 31 December 1989.   Article 4 The use of units of measurement which are not or are no longer legal shall be authorized for:    - products and equipment already on the market and/or in service on the date on which this Directive is adopted,        - components and parts of products and of equipment necessary to supplement or replace components or parts of the above products and equipment.         However, the use of legal units of measurement may be required for the indicators of measuring instruments.   Article 5 International standard ISO 2955 of 1 March 1974, "Information processing - Representations of SI and other units for use in systems with limited character sets" shall apply in the field covered by paragraph 1 thereof.   Article 6 Directive 71/354/EEC shall be repealed on 1 October 1981.  However, by way of derogation from Directive 71/354/EEC, Member States shall authorize or continue to allow on the terms specified in Article 1 of this Directive the use of the following units of measurement after 31 December 1979: >PIC FILE= "T0013329">    Article 7    (a) Member States shall adopt and publish before 1 July 1981 the laws, regulations and administrative provisions necessary to comply with this Directive and shall inform the Commission thereof.  They shall apply these provisions from 1 October 1981.       (b) As from the date of notification of this Directive, Member States shall also ensure that the Commission is informed, in sufficient time to enable it to submit its comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.         Article 8 This Directive is addressed to the Member States.     Done at Brussels, 20 December 1979.  For the Council  The President  J. TUNNEY     ANNEX CHAPTER I LEGAL UNITS OF MEASUREMENT REFERRED TO IN ARTICLE 1 (a)    1. SI UNITS AND THEIR DECIMAL MULTIPLES AND SUBMULTIPLES      1.1. SI base units >PIC FILE= "T0013330">   Definitions of SI base units:  Unit of length  The metre is the length equal to 1 650 763 773 wavelengths in vacuum of the radiation corresponding to the transition between the levels 2p10 and 5d5 of the krypton 86 atom.  (Eleventh CGPM (1960), resolution 6).  Unit of mass  The kilogram is the unit of mass ; it is equal to the mass of the international prototype of the kilogram.  (Third CGPM (1901), page 70 of the conference report).  Unit of time  The second is the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium 133 atom.  (Thirteenth CGPM (1967), resolution 1).  Unit of electric current >PIC FILE= "T0013390">   (CIPM (1946), resolution 2, approved by the ninth CGPM (1948)).   Unit of thermodynamic temperature  The kelvin, unit of thermodynamic temperature, is the fraction 1/273 716 of the thermodynamic temperature of the triple point of water.  (Thirteenth CGPM (1967), resolution 4).  Unit of amount of substance  The mole is the amount of substance of a system which contains as many elementary entities as there are atoms in 0 7012 kg of carbon 12.  When the mole is used the elementary entities must be specified and may be atoms, molecules, ions, electrons, other particles or specified groups of such particles.  (Fourteenth CGPM (1971), resolution 3).  Unit of luminous intensity >PIC FILE= "T0013391">   (Sixteenth CGPM (1979), resolution 3).        1.1.1. Special name and symbol of the SI unit of temperature for expressing Celsius temperature >PIC FILE= "T0013331">   Celsius temperature t is defined as the difference t = T - T0 between the two thermodynamic temperatures T and T0 where T0 = 273 715 kelvins. An interval of or difference in temperature may be expressed either in kelvins or in degrees Celsius. The unit of "degree Celsius" is equal to the unit "kelvin".                          1.2. Other SI units        1.2.1. Supplementary SI units >PIC FILE= "T0013332">   (Eleventh CGPM, 1960, resolution 12).  Definitions of supplementary SI units:  Plane angle unit  The radian is the plane angle between two radii which, on the circumference of a circle, cut an arc equal in length to the radius.  (International standard ISO 31 - I, December 1965).   Solid angle unit  The steradian is the solid angle which has its apex at the centre of a sphere and which describes on the surface of the sphere an area equal to that of a square having as its side the radius of the sphere.  (International standard ISO 31 - I, December 1965).               1.2.2. Derived SI units  Units derived coherently from SI base units and supplementary SI units are given as algebraic expressions in the form of products of powers of the SI base units and/or supplementary SI units with a numerical factor equal to 1.               1.2.3. Derived SI units having names and symbols >PIC FILE= "T0013333">   Units derived from SI base units or supplementary units may be expressed in terms of the units listed in Chapter I.  In particular, derived SI units may be expressed by the special names and symbols given in the above table ; for example, the SI unit of dynamic viscosity may be expressed as m-1 7 kg  7 s-1 or N  7 s  7 m-2 or Pa  7 s.                           1.3. Prefixes and their symbols used to designate certain decimal multiples and submultiples >PIC FILE= "T0013334">   The names and symbols of the decimal multiples and submultiples of the unit of mass are formed by attaching prefixes to the word "gram" and their symbols to the symbol"g".  Where a derived unit is expressed as a fraction, its decimal multiples and submultiples may be designated by attaching a prefix to units in the numerator or the denominator, or in both these parts.  Compound prefixes, that is to say prefixes formed by the juxtaposition of several of the above prefixes, may not be used.           1.4. Special authorized names and symbols of decimal multiples and submultiples of SI units >PIC FILE= "T0013335">   Note : The prefixes and their symbols listed in 1.3 may be used in conjunction with the units and symbols contained in Table 1.4.                   2. UNITS WHICH ARE DEFINED ON THE BASIS OF SI UNITS BUT ARE NOT DECIMAL MULTIPLES OR SUBMULTIPLES THEREOF >PIC FILE= "T0013336">   Note : The prefixes listed in 1.3 may only be used in conjunction with the names "grade" or "gon" and the symbol "gon".       3. UNITS DEFINED INDEPENDENTLY OF THE SEVEN SI BASE UNITS  The unified atomic mass unit is one-twelfth of the mass of an atom of the nuclide 12C.  The electronvolt is the kinetic energy acquired by an electron passing in a vacuum from one point to another whose potential is one volt higher. >PIC FILE= "T0013337">   The value of these units, expressed in SI units, is not known exactly.  The above values are taken from CODATA Bulletin No 11 of December 1973 of the International Council of Scientific Unions.  Note : The prefixes and their symbols listed in 1.3 may be used in conjunction with these two units and with their symbols.        4. UNITS AND NAMES OF UNITS PERMITTED IN SPECIALIZED FIELDS ONLY >PIC FILE= "T0013338">        5. COMPOUND UNITS  Combinations of the units listed in Chapter I form compound units.         CHAPTER II LEGAL UNITS OF MEASUREMENT REFERRED TO IN ARTICLE 1 (b)  QUANTITIES, NAMES OF UNITS, SYMBOLS AND VALUES >PIC FILE= "T0013339">  Note : The prefixes and their symbols listed in 1.3 of Chapter I may be used in conjunction with the units and symbols contained in this section, with the exception of millimetre of mercury and its symbol and the symbol "g".  Until the date indicated in Article 1 (b), the units listed in Chapter II may be combined with each other or with those in Chapter I to form compound units.   CHAPTER III LEGAL UNITS OF MEASUREMENT REFERRED TO IN ARTICLE 1 (c)  QUANTITIES, NAMES OF UNITS, SYMBOLS AND APPROXIMATE VALUES >PIC FILE= "T0013340">  Until the date to be fixed under Article 1 (c), the units listed in Chapter III may be combined with each other or with those in Chapter I to form compound units.