title: Commission Directive 2006/74/EC of 21 August 2006 amending Council Directive 91/414/EEC to include dichlorprop-P, metconazole, pyrimethanil and triclopyr as active substances   (Text with EEA relevance)

text:
               30.8.2006

               EN

               Official Journal of the European Union

               L 235/17

      COMMISSION DIRECTIVE 2006/74/EC
   of 21 August 2006
   amending Council Directive 91/414/EEC to include dichlorprop-P, metconazole, pyrimethanil and triclopyr as active substances
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulations (EC) No 451/2000 (2) and (EC) No 703/2001 (3) lay down the detailed rules for the implementation of the second stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes dichlorprop-P, metconazole, pyrimethanil and triclopyr.

               (2)

               For those active substances the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 703/2001 for a range of uses proposed by the notifier. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 8(1) of Regulation (EC) No 451/2000. For dichlorprop-P the rapporteur Member State was Denmark and all relevant information was submitted on 5 November 2003. For metconazole the rapporteur Member State was Belgium and all relevant information was submitted on 27 January 2004. For pyrimethanil the rapporteur Member State was Austria and all relevant information was submitted on 15 April 2004. For triclopyr the rapporteur Member State was Ireland and all relevant information was submitted on 21 November 2003.

               (3)

               The assessment reports have been peer reviewed by the Member States and the EFSA and presented to the Commission on 14 December 2005 for triclopyr and on 13 January 2006 for dichlorprop-P, metconazole and pyrimethanil in the format of the EFSA Scientific Reports (4). These reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 23 May 2006 in the format of the Commission review reports for dichlorprop-P, metconazole, pyrimethanil and triclopyr.

               (4)

               It has appeared from the various examinations made that plant protection products containing dichlorprop-P, metconazole, pyrimethanil and triclopyr may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances can be granted in accordance with the provisions of that Directive.

               (5)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points concerning dichlorprop-P, pyrimethanil and triclopyr. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore it is appropriate to require that dichlorprop-P, pyrimethanil and triclopyr should be subjected to further testing for confirmation of the risk assessment for some issues and that such studies should be presented by the notifiers.

               (6)

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

               (7)

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

               (8)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (9)

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

               (10)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 30 November 2007 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 December 2007.
   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 3
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing dichlorprop-P, metconazole, pyrimethanil and triclopyr as active substances by 30 November 2007.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to dichlorprop-P, metconazole, pyrimethanil and triclopyr are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing dichlorprop-P, metconazole, pyrimethanil and triclopyr as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2007 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning dichlorprop-P, metconazole, pyrimethanil and triclopyr respectively. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing dichlorprop-P, metconazole, pyrimethanil and triclopyr as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2011 at the latest; or

               (b)

               in the case of a product containing dichlorprop-P, metconazole, pyrimethanil and triclopyr as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2011 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 4
   This Directive shall enter into force on 1 June 2007.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 21 August 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/64/EC (OJ L 206, 27.7.2006, p. 107).

      (2)  OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

      (3)  OJ L 98, 7.4.2001, p. 6.

      (4)  EFSA Scientific Report (2006) 52, 1-67, Conclusion regarding the Peer review of the pesticide risk assessment of the active substance dichlorprop-P (finalised: 13 January 2006).
   EFSA Scientific Report (2006) 64, 1-71, Conclusion regarding the Peer review of the pesticide risk assessment of the active substance metconazole (finalised: 13 January 2006).
   EFSA Scientific Report (2006) 61, 1-70, Conclusion regarding the Peer review of the pesticide risk assessment of the active substance pyrimethanil (finalised: 13 January 2006).
   EFSA Scientific Report (2005) 56, 1-103, Conclusion regarding the peer review of the pesticide risk assessment of the active substance triclopyr (finalised: 14 December 2005).

      (5)  OJ L 366, 15.12.1992, p. 10). Regulation as last amended by Regulation (EC) No 2266/2000 (OJ L 259, 13.10.2000, p. 27).

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

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘135

                     Dichlorprop-P
                     CAS No 15165-67-0
                     CIPAC No 476

                     (R)-2-(2,4-dichlorophenoxy) propanoic acid

                     ≥ 900 g/kg

                     1 June 2007

                     31 May 2017

                     PART A
                     Only uses as herbicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on dichlorprop-P, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 May 2006 shall be taken into account.
                     In this overall assessment Member States:

                                 —

                                 must pay particular attention to the protection of birds, mammals, aquatic organisms and non-target plants. Conditions of authorisation should include risk mitigation measures, where appropriate.

                           The Member States concerned shall request the submission of further studies to confirm the results on animal metabolism and the risk assessment on acute and short-term exposure for birds and on acute exposure for herbivorous mammals.
                     They shall ensure that the notifiers at whose request dichlorprop-P has been included in this Annex provide such studies to the Commission within two years of the entry into force of this Directive.

                     136

                     Metconazole
                     CAS No 125116-23-6 (unstated stereochemistry)
                     CIPAC No 706

                        (1RS,5RS:1RS,5SR)-5-(4-chlorobenzyl)-2,2-dimethyl-1-(1H-1,2,4-triazol-1-ylmethyl)cyclopentanol

                     ≥ 940 g/kg (sum of cis- and trans-isomers)

                     1 June 2007

                     31 May 2017

                     PART A
                     Only uses as fungicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on metconazole, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 May 2006 shall be taken into account.
                     In this overall assessment:

                                 —

                                 Member States must pay particular attention to the protection of aquatic organisms, birds and mammals. Conditions of authorisation should include risk mitigation measures, where appropriate,

                                 —

                                 Member States must pay particular attention to the operator safety. Conditions of authorisation should include protective measures, where appropriate.

                     137

                     Pyrimethanil
                     CAS No 53112-28-0
                     CIPAC No not allocated

                     N-(4,6-dimethylpyrimidin-2-yl) aniline

                     ≥ 975 g/kg
                     (the manufacturing impurity cyanamide is considered to be of toxicological concern and must not exceed 0,5 g/kg in the technical material)

                     1 June 2007

                     31 May 2017

                     PART A
                     Only uses as fungicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on pyrimethanil, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 May 2006 shall be taken into account.
                     In this overall assessment Member States:

                                 —

                                 must pay particular attention to the protection of aquatic organisms. Conditions of authorisation should include risk mitigation measures, where appropriate, such as buffer zones,

                                 —

                                 must pay particular attention to the operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment.

                           The Member States concerned shall request the submission of further studies to confirm the risk assessment to fish. They shall ensure that the notifiers at whose request pyrimethanil has been included in this Annex provide such studies to the Commission within two years from the entry into force of this Directive.

                     138

                     Triclopyr
                     CAS No 055335-06-3
                     CIPAC No 376

                     3,5,6-trichloro-2-pyridyloxyacetic acid

                     ≥ 960 g/kg
                     (as Triclopyr butoxyethyl ester)

                     1 June 2007

                     31 May 2017

                     PART A
                     Only uses as herbicide may be authorised.
                     PART B
                     In assessing applications to authorise plant protection products containing triclopyr for uses other than spring applications in pasture and grassland, Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted.
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on triclopyr, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 May 2006 shall be taken into account.
                     In this overall assessment Member States:

                                 —

                                 must pay particular attention to the protection of groundwater under vulnerable conditions. Conditions of authorisation should include risk mitigation measures and monitoring programmes should be initiated in vulnerable zones, where appropriate,

                                 —

                                 must pay particular attention to the safety of operators and ensure that conditions of use prescribe the application of adequate personal protective equipment,

                                 —

                                 must pay particular attention to the protection of birds, mammals, aquatic organisms and non-target plants. Conditions of authorisation should include risk mitigation measures, where appropriate.

                           The Member States concerned shall request the submission of further studies to confirm the acute and long-term risk assessment for birds and mammals and the risk to aquatic organisms from exposure to the metabolite 6-chloro-2-pyridinol. They shall ensure that the notifiers at whose request triclopyr has been included in this Annex provide such studies to the Commission within two years from the entry into force of this Directive.’

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


title: Commission Directive 2006/64/CE of  18 July 2006  amending Council Directive 91/414/EEC to include clopyralid, cyprodinil, fosetyl and trinexapac as active substances   (Text with EEA relevance)

text:
               27.7.2006

               EN

               Official Journal of the European Union

               L 206/107

      COMMISSION DIRECTIVE 2006/64/CE

   of 18 July 2006
   amending Council Directive 91/414/EEC to include clopyralid, cyprodinil, fosetyl and trinexapac as active substances
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulations (EC) No 451/2000 (2) and (EC) No 703/2001 (3) lay down the detailed rules for the implementation of the second stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes clopyralid, cyprodinil, fosetyl and trinexapac.

               (2)

               For those active substances the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 703/2001 for a range of uses proposed by the notifier. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 8(1) of Regulation (EC) No 451/2000. For clopyralid the rapporteur Member State was Finland and all relevant information was submitted on 2 December 2003. For cyprodinil and fosetyl the rapporteur Member State was France and all relevant information was submitted on 16 January 2004 and 20 October 2003 respectively. For trinexapac the rapporteur Member State was The Netherlands and all relevant information was submitted on 7 November 2003.

               (3)

               The assessment reports have been peer reviewed by the Member States and the EFSA and presented to the Commission on 14 December 2005 in the format of the EFSA Scientific Reports for clopyralid, cyprodinil, fosetyl and trinexapac (4). These reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 4 April 2006 in the format of the Commission review reports for clopyralid, cyprodinil, fosetyl and trinexapac.

               (4)

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

               (5)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points concerning clopyralid, cyprodinil and fosetyl. Article 6(1) of Directive 91/414/EC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore it is appropriate to require that clopyralid, cyprodinil and fosetyl should be subjected to further testing for confirmation of the risk assessment for some issues and that such studies should be presented by the notifiers.

               (6)

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

               (7)

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

               (8)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (9)

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

               (10)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 31 October 2007 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 2007.
   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 3
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing clopyralid, cyprodinil, fosetyl and trinexapac as active substances by 31 October 2007.
   By that date they shall in particular verify that the conditions in Annex I to that Directive relating to clopyralid, cyprodinil, fosetyl and trinexapac are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
   2.   By way of derogation from paragraph 1, for each authorised plant protection product containing clopyralid, cyprodinil, fosetyl and trinexapac as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 30 April 2007 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning clopyralid, cyprodinil, fosetyl and trinexapac respectively. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing clopyralid, cyprodinil, fosetyl and trinexapac as the only active substance, where necessary, amend or withdraw the authorisation by 30 April 2011 at the latest;
               or

               (b)

               in the case of a product containing clopyralid, cyprodinil, fosetyl and trinexapac as one of several active substances, where necessary, amend or withdraw the authorisation by 30 April 2011 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 4
   This Directive shall enter into force on 1 May 2007.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 18 July 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/45/EC (OJ L 130, 18.5.2006, p. 27).

      (2)  OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1 044/2003 (OJ L 151, 19.6.2003, p. 32).

      (3)  OJ L 98, 7.4.2001, p. 6.

      (4)  EFSA Scientific Report (2005) 50, 1-65, Conclusion regarding the Peer review of the pesticide risk assessment of the active substance clopyralid (finalised: 14 December 2005).
   EFSA Scientific Report (2005) 51, 1-78, Conclusion regarding the Peer review of the pesticide risk assessment of the active substance cyprodinil (finalised: 14 December 2005).
   EFSA Scientific Report (2005) 54, 1-79, Conclusion regarding the Peer review of the pesticide risk assessment of the active substance fosethyl (finalised: 14 December 2005).
   EFSA Scientific Report (2005) 57, 1-70, Conclusion regarding the peer review of the pesticide risk assessment of the active substance trinexapac (finalised: 14 December 2005).

      (5)  OJ L 366, 15.12.1992, p. 10. Regulation as last amended by Regulation (EC) No 2266/2000 (OJ L 259, 13.10.2000, p. 27).

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

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘131

                     Clopyralid
                     CAS No 1702-17-6
                     CIPAC No 455

                     3,6-dichloropyridine-2-carboxylic acid

                     ≥ 950 g/kg

                     1 May 2007

                     30 April 2017

                     PART A
                     Only uses as herbicide may be authorised.
                     PART B
                     In assessing applications to authorise plant protection products containing clopyralid for uses other than spring applications, Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted.
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on clopyralid, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 4 April 2006 shall be taken into account.
                     In this overall assessment Member States must pay particular attention to:

                                 —

                                 the protection of non target plants and groundwater under vulnerable conditions. Conditions of authorisation should include risk mitigation measures and monitoring programmes should be initiated to verify potential groundwater contamination in vulnerable zones, where appropriate.

                           The concerned Member States shall request the submission of further studies to confirm the results on animal metabolism. They shall ensure that the notifiers at whose request clopyralid has been included in this Annex provide such studies to the Commission within two years from the entry into force of this Directive.

                     132

                     Cyprodinil
                     CAS No 121522-61-2
                     CIPAC No 511

                     (4-cyclopropyl-6-methyl-pyrimidin-2-yl)-phenyl-amine

                     ≥ 980 g/kg

                     1 May 2007

                     30 April 2017

                     PART A
                     Only uses as fungicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on cyprodinil, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 4 April 2006 shall be taken into account.
                     In this overall assessment Member States:

                                 —

                                 must pay particular attention to the safety of operators and ensure that conditions of use prescribe the application of adequate personal protective equipment;

                                 —

                                 must pay particular attention to the protection of birds, mammals and aquatic organisms. Conditions of authorisation should include risk mitigation measures, such as buffer zones.

                           The concerned Member States shall request the submission of further studies to confirm the risk assessment for birds and mammals and for possible presence of residues of metabolite CGA 304075 in food of animal origin. They shall ensure that the notifiers at whose request cyprodinil has been included in this Annex provide such studies to the Commission within two years from the entry into force of this Directive.

                     133

                     Fosetyl
                     CAS No 15845-66-6
                     CIPAC No 384

                     Ethyl hydrogen phosphonate

                     ≥ 960 g/kg (expressed as fosetyl-Al)

                     1 May 2007

                     30 April 2017

                     PART A
                     Only uses as fungicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on fosetyl, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 4 April 2006 shall be taken into account.
                     In this overall assessment Member States:

                                 —

                                 must pay particular attention to the protection of birds, mammals, aquatic organisms and non-target arthropods.

                           Conditions of authorisation should include risk mitigation measures, where appropriate, such as buffer zones.
                     The concerned Member States shall request the submission of further studies to confirm the risk assessment for non-target arthropods, in particular with regard to in-field recovery, and for herbivorous mammals. They shall ensure that the notifier at whose request fosetyl has been included in this Annex provide such studies to the Commission within two years from the entry into force of this Directive.

                     134

                     Trinexapac
                     CAS No 104273-73-6
                     CIPAC No 732

                     4-(cyclopropyl-hydroxymethylene)-3,5-dioxo- cyclohexanecarboxylic acid

                     ≥ 940g/kg (expressed as trinexapac-ethyl)

                     1 May 2007

                     30 April 2017

                     PART A
                     Only uses as plant growth regulator may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on trinexapac, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 4 April 2006 shall be taken into account.
                     In this overall assessment Member States:

                                 —

                                 must pay particular attention to the protection of birds and mammals.

                           Conditions of authorisation should include risk mitigation measures, where appropriate.

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


Avis juridique important

|

31968L0367

Council Directive 68/367/EEC of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85): 1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852), 2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853)

Official Journal L 260 , 22/10/1968 P. 0016 - 0019 Finnish special edition: Chapter 6 Volume 1 P. 0080  Danish special edition: Series I Chapter 1968(II) P. 0504  Swedish special edition: Chapter 6 Volume 1 P. 0080  English special edition: Series I Chapter 1968(II) P. 0513  Greek special edition: Chapter 06 Volume 1 P. 0104  Spanish special edition: Chapter 06 Volume 1 P. 0101  Portuguese special edition Chapter 06 Volume 1 P. 0101

COUNCIL DIRECTIVE  of 15 October 1968  concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85) ; 1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852) 2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853)  (68/367/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2) and (3) and 63 (2) and (3) thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide establishment, 1 and in particular Title IV C thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide services, 2 and in particular Title IV C thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 3;  Having regard to the Opinion of the Economic and Social Committee 4;  Whereas the General Programmes provide for the abolition, after the end of the second year of the second stage of the transitional period and before the end of the second stage, of all discriminatory treatment based on nationality as regards establishment and the provision of services in respect of activities of self-employed persons in the sector comprising restaurants, cafes, taverns and other drinking and eating places, and hotels, rooming houses, camps and other lodging places;  Whereas the activities covered by this Directive may be carried on permanently or on a temporary or seasonal basis;  Whereas only those economic activities which are carried on habitually and by way of trade come within the scope of this Directive, irrespective of whether their pursuit is open to the public as a whole or to a specific category or categories of persons;  Whereas this Directive does not cover the letting of premises, whether furnished or unfurnished, unless such letting involves the provision of services;  Whereas this Directive does not apply to itinerant trading as defined in the second subparagraph of Article 2 (1) of the Council Directive of 15 October 1968 5 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in retail trade (ISIC ex Group 612);  Whereas the General Programme for the abolition of restrictions on freedom of establishment provides that restrictions on the right to join professional or trade organisations must be abolished where the professional activities of the person concerned necessarily involve the exercise of this right;  Whereas the proof of good repute which the person concerned may be required to furnish is of particular importance in relation to the activities covered by this Directive ; whereas some Member States accordingly require such proof not only from the person actually concerned but also from any members of his family who live with him or work in his establishment ; whereas this Directive must make it easier for proof to be furnished in respect of all the persons from whom it could be required ; whereas the importance of the concept of good repute in the trade or profession concerned has led some Member States to require of their own nationals evidence as to good character and good repute other than that contained in an extract from the "judicial record" ; whereas those Member States may impose similar requirements on nationals of other Member States;  1OJ No 2, 15.1.1962, p. 36/62. 2OJ No 2, 15.1.1962, p. 32/62. 3OJ No 23, 5.2.1966, p. 354/66. 4OJ No 205, 7.12.1965, p. 3069/65. 5OJ No L 260, 22.10.1968, p. 1.   Whereas the position of paid employees accompanying a person providing services or acting on his behalf will be governed by the provisions laid down in pursuance of Articles 48 and 49 of the Treaty;  Whereas separate Directives, applicable to all activities of self-employed persons, concerning provisions relating to the movement and residence of beneficiaries, and, where necessary, Directives on the co-ordination of the safeguards required by Member States of companies or firms for the protection of the interests of members and of others, have been or will be adopted;  Whereas, moreover, in some Member States pursuit of the activities covered by this Directive is for the most part governed by rules relating to the taking up of such activities, while other Member States will, where necessary, adopt such rules ; whereas, therefore, certain transitional measures, the purpose of which is to make it easier for nationals of other Member States to take up and pursue the activities in question, are the subject of a separate Directive;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall abolish, in respect of the natural persons and companies or firms covered by Title I of the General Programmes for the abolition of restrictions on freedom of establishment and freedom to provide services (hereinafter called "beneficiaries"), the restrictions referred to in Title III of those General Programmes affecting the right to take up and pursue the activities specified in Article 2 of this Directive.   Article 2 1. The provisions of this Directive shall apply to activities of self-employed persons coming within the scope of the personal services specified in Annex II to the General Programme for the abolition of restrictions on freedom of establishment (ISIC Groups 852 and 853) 1.  2. For the purposes of this Directive "activities falling within Group 852 (Restaurants, cafes, taverns and other drinking and eating places)" means activities pursued by a natural person, or company or firm, who habitually and by way of trade and in his own name and on his own account serves prepared food or beverages for consumption on the premises in the establishment or establishments run by him.  The provisions of this Directive shall apply also to the serving of meals for consumption elsewhere than on the premises where they are prepared.  3. The provisions of this Directive shall not apply to the serving of prepared food or beverages intended for immediate consumption if such serving is carried on by way of itinerant trade.  4. For the purposes of this Directive, "activities falling within Group 853 (Hotels, rooming houses, camps and other lodging places)" means activities pursued by a natural person, or company or firm, who habitually and by way of trade supplies in his own name and on his own account:    - furnished lodgings or furnished rooms in an establishment or establishments run by him ; or       - camping facilities on specially equipped sites, designed for short-term stays;         and who in each case also supplies the services normally associated therewith.   Article 3 1. Member States shall in particular abolish the following restrictions:    (a) those which prevent beneficiaries from establishing themselves or from providing services in the host country under the same conditions and with the same rights as nationals of that country;       (b) those existing by reason of administrative practices which result in treatment being applied to beneficiaries that is discriminatory by comparison with that applied to nationals.         2. The restrictions to be abolished shall include in particular those arising out of measures which prevent or limit establishment or the provision of services beneficiaries by the following means:    (a) in Belgium   - the obligation to hold a carte professionelle (Article 1 of the Law 19 February 1965);       (b) in Germany   - the requirement that the issue to any foreign national of an authorisation to open a restaurant or hotel be subject to proof of economic necessity (Nachweis eines Bedürfnisses) (Gaststättengesetz of 28 April 1930, paragraph 1 (2));  1International Standard Industrial Classification of all Economic Activities (Statistical Office of the United Nations, Statistical Papers, Series M No 4, Rev. 1, New York, 1958).        (c) in France      - the obligation to hold a carte d'identité d'étranger commerçant décret-loi of 12 November 1938, décret of 2 February 1939, Law of 8 October 1940);           - exclusion from the right to renew commercial leases (décret of 30 September 1953, Article 38);           - the rule preventing foreign nationals from pursuing the occupation of retailer of beverages for consumption on the premises (Code des débits de boissons et des mesures contre l'alcoolisme, Article L 31, decret 55-222 of 8 February 1955, ordonnance No 59-107 of 7 January 1959);                  (d) in Italy   - the rule that only persons of Italian nationality may pursue the occupation of manager of mountain refuge huts (Gestore di rifugi alpini) (Decreto del Commissario per il Turismo of 29 October 1955, Article 13);       (e) in Luxembourg      - the limited period of validity of authorisations granted to foreign nationals (Law of 2 June 1962, Article 21);           - the requirement that any person wishing to open an inn (auberge), tavern (cabaret), or other premises for the sale and consumption of alcoholic beverages shall have resided in the Grand Duchy for a continuous period of not less than five years (Law of 12 August 1927, Article 1).                     Article 4 1. Member States shall ensure that beneficiaries have the right to join professional or trade organisations under the same conditions and with the same rights and obligations as their own nationals.  2. The right to join professional or trade organisations shall, in the case of establishment, entail eligibility for election or appointment to high office in such organisations. However such posts may be reserved for nationals where, in pursuance of any provision laid down by law or regulation, the organisation concerned is involved in the exercise of official authority.  3. In the Grand Duchy of Luxembourg, membership of the Chambre de commerce or of the Chambre des métiers shall not give beneficiaries the right to take part in the election of the administrative organs of those Chambers.   Article 5 No Member State shall grant to any of its nationals who go to another Member State for the purpose of pursuing any activity referred to in Article 2 any aid liable to distort the conditions of establishment.   Article 6 1. Where a host Member State requires of its own nationals wishing to take up any activity referred to in Article 2 proof of good repute and proof of no previous bankruptcy, or proof of either one of these, that State shall accept as sufficient evidence, in respect of nationals of other Member States, the production of an extract from the "judicial record" or, failing this, of an equivalent document issued by a competent judicial or administrative authority in the country of origin or the country whence the foreign national comes showing that these requirements have been met.  Where the country of origin or the country whence the foreign national comes does not issue such documentary proof of no previous bankruptcy, such proof may be replaced by a declaration on oath made by the person concerned before a judicial or administrative authority, a notary, or a competent professional or trade body, in the country of origin or in the country whence that person comes.  2. Where a Member State imposes on its own nationals wishing to take up any activity referred to in Article 2 certain requirements as to good character or good repute in respect of themselves or of members of their family living with them, and proof that such requirements are satisfied cannot be obtained from the document referred to in the first subparagraph of paragraph 1, that State shall accept as sufficient evidence in respect of nationals of other Member States a certificate issued by a competent judicial or administrative authority in the country of origin or in the country whence the foreign national comes indicating that the requirements in question have been met. Such certificate shall relate to the specific facts regarded as relevant by the host country.  3. Documents issued in accordance with paragraph 1 or with paragraph 2 may not be produced more than three months after their date of issue.  4. Member States shall, within the time limit laid down in Article 7, designate the authorities and bodies competent to issue these documents and shall forthwith inform the other Member States and the Commission thereof.  5. Where in the host Member State proof of financial standing is required, that State shall regard certificates issued by banks in the country of origin or in the country whence the beneficiary in question comes as equivalent to certificates issued in its own territory.    Article 7 Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.   Article 8 This Directive is addressed to the Member States.     Done at Luxembourg, 15 October 1968.  For the Council  The President  G. SEDATI


title: Commission Directive 2006/135/EC of 11 December 2006 amending Council Directive 91/414/EEC to include carbendazim as active substance Text with EEA relevance

text:
               12.12.2006

               EN

               Official Journal of the European Union

               L 349/37

      COMMISSION DIRECTIVE 2006/135/EC
   of 11 December 2006
   amending Council Directive 91/414/EEC to include carbendazim as active substance
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (2), establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes carbendazim.

               (2)

               For carbendazim the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulation (EEC) No 3600/92 for a range of uses proposed by the notifier. By Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant protection products and designating the Rapporteur Member State for the implementation of Commission Regulation (EEC) No 3600/92 (3), Germany was designated as Rapporteur Member State. Germany submitted the relevant assessment report and recommendations to the Commission on 10 February 1998 in accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92.

               (3)

               The assessment report has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health.

               (4)

               The review of carbendazim revealed a number of open questions which were addressed by the Scientific Committee on Plants. The Scientific Committee was asked to comment on the advisability of establishing an Acceptable Daily Intake (ADI) and Acceptable Operator Exposure Level (AOEL) having regard particularly to the results of mutagenicity, carcinogenicity and reproductive studies for benomyl, carbendazim and thiophanate-methyl. The Committee (4) noted that carbendazim is the biologically active substance common to these three substances. Benomyl in particular, but also thiophanate-methyl, is metabolised to carbendazim and all three substances produce numerical chromosomal aberrations (aneuploidy) in mammalian cells, exposed in vivo. There is no evidence that any other form of damage to genetic material is induced by any of these substances. Carcinogenicity is not a concern. The known effects of these fungicides upon reproduction are explicable by interaction with the microtubules of the spindle apparatus. The mechanism of aneuploidy induction is well understood and consists of inhibition of polymerisation of tubulin, the protein that is essential for the segregation of chromosomes during cell division: it does not involve any interaction with DNA. Since multiple copies of tubulin molecules are present in proliferating cells, in the presence of low concentration of the fungicides a limited number of tubulin molecules will be affected and consequently no toxicologically adverse effects will ensue. Consequently, a clear no adverse effect level is recognisable and both an ADI and an AOEL can be established.

               (5)

               Articles 5(4) and 6(1) of Directive 91/414/EEC provide that inclusion of a substance in Annex I may be subject to restrictions and conditions. In this case, restrictions on the inclusion period and on the authorised crops are deemed necessary. The original measures presented to the Standing Committee on the Food Chain and Animal Health, proposed the restriction of the inclusion period to seven years, so that Member States would give priority to reviewing plant protection products already on the market containing carbendazim. In order to avoid discrepancies in the high level of protection sought, the inclusion in Annex I to Directive 91/414/EEC was intended to be limited to the uses of carbendazim that have been actually assessed within the Community evaluation and for which the proposed uses were considered to comply with the conditions of Directive 91/414/EEC. This implies that other uses, which were not or only partially covered by this assessment, had first to be subject to a complete assessment, before their inclusion in Annex I of Directive 91/414/EEC could be considered. Finally, due to the hazardous nature of carbendazim, it was considered necessary to provide for a minimum harmonisation at Community level of certain risk mitigation measures that were to be applied by Member States when granting authorisations.

               (6)

               Under the procedures laid down by Directive 91/414/EEC, the approval of active substances, including the definition of risk management measures, is decided by the Commission. Member States bear the responsibility for the implementation, application and control of the measures intended to mitigate the risks generated by plant protection products. Concerns expressed by several Member States reflect their judgment that additional restrictions are necessary to reduce the risk to a level that can be considered acceptable and consistent with the high level of protection that is sought within the Community. At present, it is a question of risk management to set the adequate level of safety and protection for the continued production, commercialisation and use of carbendazim.

               (7)

               As a consequence of the above, the Commission re-examined its position. In order to correctly reflect the high level of protection of human and animal health and a sustainable environment sought in the Community, it considered appropriate, in addition to the principles set out in Recital 5, to further reduce the period of inclusion to three instead of seven years. This further reduces any risk by ensuring a priority re-assessment of this substance.

               (8)

               It may be expected that plant protection products containing carbendazim satisfy the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, with regard to the uses which were examined and detailed in the Commission review report and providing that the necessary risk mitigation measures are applied.

               (9)

               Without prejudice to the conclusion that plant protection products containing carbendazim may be expected to satisfy the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, it is appropriate to obtain further information on certain specific points. Member States should require authorisation holders to provide information on the use of carbendazim including any information on incidences on operator health.

               (10)

               As with all substances included in Annex I to Directive 91/414/EEC, the status of carbendazim could be reviewed under Article 5(5) of that Directive in the light of any new data becoming available. Equally, the fact that the inclusion of this substance in Annex I expires on a particular date does not prevent the inclusion being renewed according to the procedures laid down in the Directive.

               (11)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Regulation (EEC) No 3600/92 has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (12)

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

               (13)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing carbendazim to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations. in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC. Given the hazardous properties of carbendazim, the period for Member States to verify whether the plant protection products, which contain carbendazim as the only active substances or in combination with other authorised active substances, comply with the provisions of Annex VI should not exceed three years.

               (14)

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

               (15)

               The Standing Committee on the Food Chain and Animal Health did not deliver an opinion within the time limit laid down by its Chairman and the Commission therefore submitted to the Council a proposal relating to these measures. On the expiry of the period laid down in the second subparagraph of Article 19(2) of Directive 91/414/EEC, the Council had neither adopted the proposed implementing act nor indicated its opposition to the proposal for implementing measures and it is accordingly for the Commission to adopt these measures,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 30 June 2007 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 July 2007.
   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 3
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing carbendazim as an active substance by 30 June 2007. By that date they shall in particular verify that the conditions in Annex I to that Directive relating to carbendazim are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13.
   2.   By derogation from paragraph 1, for each authorised plant protection product containing carbendazim, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning carbendazim. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall for products containing carbendazim, where necessary, amend or withdraw the authorisation by 31 December 2009.
   Article 4
   This Directive shall enter into force on 1 January 2007.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 11 December 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/85/EC (OJ L 293, 24.10.2006, p. 3).

      (2)  OJ L 366, 15.12.1992, p. 10. Regulation as last amended by Regulation (EC) No 2266/2000 (OJ L 259, 13.10.2000, p. 10).

      (3)  OJ L 107, 28.4.1994, p. 8. Regulation as last amended by Regulation (EC) No 2230/95 (OJ L 225, 22.9.1995, p. 1).

      (4)  Opinion of the Scientific Committee on Plants (SCP/BENOMY/002 — final, SCP/CARBEN/002 — final, SCP/THIOPHAN/002 — final 002) dated 23 March 2001 regarding the evaluation of benomyl, carbendazim and thiophanate-methyl in the context of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (Opinion adopted by the Scientific Committee on Plants on 7 March 2001).

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

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘149

                     Carbendazim (unstated stereochemistry)
                     CAS No 10605-21-7
                     CIPAC No 263

                     Methyl benzimidazol-2-ylcarbamate

                     980 g/kg

                     1 January 2007

                     31 December 2009

                     PART A
                     Only uses as fungicide on the following crops may be authorised:

                                 —

                                 cereals

                                 —

                                 rapeseed

                                 —

                                 sugar beet

                                 —

                                 maize

                           at rates not exceeding

                                 —

                                 0,25 kg active substance per hectare per application for cereals and rapeseed,

                                 —

                                 0,075 kg active substance per hectare per application for sugar beet,

                                 —

                                 0,1 kg active substance per hectare per application for maize.

                           The following uses must not be authorised:

                                 —

                                 air application,

                                 —

                                 knapsack and hand-held applications neither by amateur nor by professional users,

                                 —

                                 home gardening.

                           Member States shall ensure that all appropriate risk mitigation measures are applied. Particular attention must be paid to the protection of:

                                 —

                                 aquatic organisms. An appropriate distance must be kept between treated areas and surface water bodies. This distance may depend on the application or not of drift reducing techniques or devices,

                                 —

                                 earthworms and other soil macro-organisms. Conditions of authorisation shall include risk mitigation measures, such as the selection of the most appropriate combination of numbers and timing of application, rates of application, and, if necessary, the degree of concentration of the active substance,

                                 —

                                 birds and mammals. Conditions of authorisation shall include risk mitigation measures, such as a judicious timing of the application and the selection of those formulations which, as a result of their physical presentation or the presence of agents that ensure an adequate avoidance, minimise the exposure of the concerned species,

                                 —

                                 operators, who must wear suitable protective clothing, in particular gloves, coveralls, rubber boots and face protection or safety glasses during mixing, loading, application and cleaning of the equipment, unless the exposure to the substance is adequately precluded by the design and construction of the equipment itself or by the mounting of specific protective components on such equipment.

                           PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on carbendazim, and in particular Appendices I and II thereof, shall be taken into account.
                     Member States must ensure that the authorisation holders report at the latest on 31 December of each year on incidences of operator health problems. Member States may require that elements, such as sales data and a survey of use patterns, are provided so that a realistic picture of the use conditions and the possible toxicological impact of carbendazim can be obtained.’

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


Avis juridique important

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31993L0049

Commission Directive 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC

Official Journal L 250 , 07/10/1993 P. 0009 - 0018 Finnish special edition: Chapter 3 Volume 52 P. 0238  Swedish special edition: Chapter 3 Volume 52 P. 0238

COMMISSION DIRECTIVE 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EECTHE COMMISSION OF THE  EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 91/682/EEC of 19 december 1991 on the marketing of ornamental plant propagating material and ornamental plants(1) , and in particular Article 4 thereof,  Whereas, in applying the provisions of this Directive, it is appropriate to take into account the production cycles of the various materials;  Whereas, the conditions laid down in this Directive must be regarded as the minimum standard acceptable at this stage taking into account the current production conditions in the Community; whereas they will progressively be developed and refined, in  order ultimately to achieve high standards of improved quality;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for propagating Materials and Ornamental Plants,  HAS ADOPTED THIS DIRECTIVE:   Article 1  1.  This Directive establishes the schedules referred to in Article 4 of Directive 91/682/EEC including the requirements as to labelling referred to in the third paragraph of Article 11 of that Directive.  2.  The schedule applies to the growing crop and ornamental propagating material (including rootstocks), and ornamental plants derived therefrom, of all the genera and species referred to in Annex to Directive 91/682/EEC, and to rootstocks of other  genera and species referred to in Article 4 (2), irrespective of the propagation system applied, those items being hereinafter referred to as 'the material'.  3.  The provisions of this Directive shall apply progressively, account being taken of the production cycles of the material referred to in paragraph 2.   Article 2  The material shall, where applicable, comply with the relevant plant health conditions laid down in Council Directive 77/93/EEC(2) .   Article 3  1.  Without prejudice to the provisions of Article 2, the material must, at least on visual inspection, be substantially free from any harmful organisms and diseases impairing quality, or any signs or symptoms thereof, which reduce the  usefulness of the propagating material or ornamental plants and in particular be free from those organisms and diseases listed in the Annex hereto in respect of the genus or species concerned.  2.  Any material showing visible signs or symptoms of the harmful organisms or diseases referred to in paragraph 1 at the stage of the growing crop shall be properly treated immediately upon appearance or, where appropriate, shall be removed.  3.  In the case of citrus material the following requirements shall also be met:  (i) it shall be derived from initial material which has been checked and found to show no symptoms of the relevant viruses, virus-like organisms or diseases listed in the Annex hereto;  (ii) it shall have been checked and found to be substantially free of such viruses, virus-like organisms or diseases since the beginning of the last cycle of vegetation; and (iii) in the case of grafting, it shall have been grafted onto rootstocks other than those susceptible to viroids.  4.  In the case of flower bulbs the following requirement shall also be met:  - the propagating material shall be derived directly from material which, at the stage of the growing crop, has been checked and found to be substantially free from any harmful organisms and diseases, signs or symptoms thereof referred to in paragraph 1  and in particular from those listed in the Annex hereto.   Article 4  1.  The material shall have adequate identity and purity relative to the genus or species in question, or where appropriate, group of plants, and, where marketed or intended to be marketed with a reference to the variety pursuant to Article 9  (1) of Directive 91/682/EEC, shall also have identity and purity as to variety.  2.  In the case of commonly known varieties referred to in the first indent of Article 9 (2) of Directive 91/682/EEC the official denomination of the variety shall be used by the supplier.  3.  In the case of varieties which are already the subject of an application for plant breeders' rights or an official registration referred to in the first indent of Article 9 (2) of Directive 91/682/EEC, the breeders' reference or proposed name must  be used until the authorization is granted.  4.  In the case of varieties entered on lists kept by suppliers pursuant to the second indent of Article 9 (2) of Directive 91/682/EEC, the requirement referred to in paragraph 1 in respect of variety shall be based on the detailed descriptions given in  the lists kept by suppliers.   Article 5  1.  The material shall be substantially free from any defects likely to impair their quality as propagating or as planting material.  2.  The vigour and dimensions of the material shall be satisfactory in respect of its usefulness as propagating material and ornamental plants. Furthermore, an appropriate balance shall be assured between the roots, stems and leaves.  3.  In the case of seeds, in addition to the requirements in paragraph 1, the germination capacity shall be satisfactory.   Article 6  1.  The supplier's document referred to in Article 11 of Directive 91/682/EEC shall be of suitable material which has not previously been used and shall be printed in at least one of the official languages of the Community. It shall contain  the following information headings:  (i) indication 'EEC quality';  (ii) indication of EEC Member State code;  (iii) indication of responsible official body or its distinguishing code;  (iv) registration or accreditation number;  (v) name of supplier;  (vi) individual serial, week or batch number;  (vii) date of issue of the supplier's documents;  (viii) botanical name;  (ix) denomination of the variety, where appropriate. In the case of rootstock, denomination of the variety of its designation;  (x) denomination of the group of plants, where appropriate;  (xi) quantity;  (xii) in the case of imports from third countries pursuant to Article 16 (2) of Directive 91/682/EEC, the name of the country of harvesting.  2.  In the case where the material is accompanied by a plant passport in accordance with Commission Directive 92/105/EEC(3)  the plant passport may, if the supplier so wishes, constitute the supplier's document referred to in paragraph 1. Nonetheless,  the indication 'EEC quality' and an indication as to the responsible official body under Directive 91/682/EEC must be given and a reference to the denomination of the variety, rootstock or group of plants. In the case of imports from third countries  pursuant to Article 16 (2) of Directive 91/682/EEC, the name of the country of harvesting must also be given. This information may be on the same document as the plant passport but clearly separated.   Article 7  This Directive is without prejudice to the provisions laid down in Council Regulation (EEC) No 315/68(4) .   Article 8  1.  Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 31 December 1993. 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 communicate to the Commission the text of the main provisions of domestic law which they adopt in the field covered by this Directive.   Article 9  This Directive is addressed to the Member States.  Done at Brussels, 23 June 1993.  For the CommissionRené STEICHENMember of the Commission  (1) OJ No L 376, 31. 12. 1991, p. 21.  (2) OJ No L 26, 31. 1. 1977, p. 20.  (3) OJ No L 4, 8. 1. 1993, p. 22.  (4) OJ No L 71, 21. 3. 1968, p. 1.      ANNEX    /* Tables: see OJ */


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31977L0102

Commission Directive 77/102/EEC of 30 November 1976 adapting to technical progress Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive- ignition engines of motor vehicles

Official Journal L 032 , 03/02/1977 P. 0032 - 0039 Finnish special edition: Chapter 15 Volume 2 P. 0053  Greek special edition: Chapter 13 Volume 6 P. 0012  Swedish special edition: Chapter 15 Volume 2 P. 0053  Spanish special edition: Chapter 13 Volume 7 P. 0015  Portuguese special edition Chapter 13 Volume 7 P. 0015

COMMISSION DIRECTIVE  of 30 November 1976  adapting to technical progress Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles  (77/102/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as amended by the Act of Accession (2), and in particular Articles 11, 12 and 13 thereof,  Having regard to Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines (3), as amended by the abovementioned Act of Accession, and in particular Article 5 thereof,  Whereas the programme of action of the European Communities on the environment adopted on 22 November 1973 provides for amendments to Directives adopted so as to take into account the latest scientific progress, with particular reference to air pollution by exhaust gases from positive-ignition engines;  Whereas the technical progress made in the construction of positive-ignition engines since Council Directive 70/220/EEC laid down the permissible limits for carbon monoxide and unburnt hydrocarbon emissions from these engines, which limits were made more stringent by Council Directive 74/290/EEC of 28 May 1974 (4), also enables permissible limits to be laid down for nitrogen oxide emissions;  Whereas it is essential that emissions of this latter pollutant from motor vehicles should be restricted with immediate effect in order to establish a basis for coherent Community action to reduce the limits for the three pollutants which are the subject of the EEC type-approval procedure for these vehicles ; whereas in order to protect public health and the environment it is advisable to envisage a further reduction of the limits of these pollutants as soon as the work now in progress has given concrete results;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress  (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 73, 27.3.1972, p. 115. (3)OJ No L 76, 6.4.1970, p. 1. (4)OJ No L 159, 15.6.1974, p. 61.  of the Directives on the Removal of Technical Barriers to Trade in the Motor Vehicle Sector,  HAS ADOPTED THIS DIRECTIVE:     Article 1 Annexes I and III to Council Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles, as amended by Council Directive 74/290/EEC of 28 May 1974, are hereby amended in accordance with the Annex to this Directive.   Article 2 1. From 1 April 1977, the Member States shall neither, on grounds relating to air pollution by gases from an engine:    - refuse to grant EEC type-approval, or to issue the documents referred to in the second indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval of a type of motor vehicle;       - nor prohibit the entry into service of such vehicles;         where the level of gaseous pollutants emitted from this type of motor vehicle or from such vehicles meets the requirements of Directive 70/220/EEC, as last amended by this Directive.  2. From 1 October 1977, Member States:    - shall no longer issue the document provided for in the second indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle which emits gaseous pollutants at levels which do not meet the requirements of Directive 70/220/EEC, as last amended by this Directive;       - may refuse national type-approval of a type of motor vehicle which emits gaseous pollutants at levels which do not meet the requirements of Directive 70/220/EEC, as last amended by this Directive.         3. From 1 October 1980, Member States may prohibit the entry into service of vehicles which emit gaseous pollutants at levels which do not meet the requirements of Directive 70/220/EEC, as last amended by this Directive.  4. By 1 January 1977, Member States shall put into force the requirements needed in order to comply with this Directive and shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.       Done at Brussels, 30 November 1976.  For the Commission  Finn GUNDELACH  Member of the Commission      ANNEX Amendments to the Annexes to Directive 70/220/EEC  ANNEX I : DEFINITIONS, APPLICATION FOR EEC TYPE-APPROVAL AND TEST SPECIFICATIONS   Item 1.4 shall be replaced by the following:  "1.4. Gaseous pollutants  "Gaseous pollutants" means carbon monoxide, hydrocarbons and nitrogen oxides, the latter expressed as nitrogen dioxide (NO2) equivalents."  The second sentence of item 3.2.1.1.4 shall be replaced by the following:  "In each test, the mass of the carbon monoxide, the mass of the hydrocarbons and the mass of the nitrogen oxides obtained must be less for a vehicle of given reference weight, than the amounts shown in the table below:" >PIC FILE= "T0010757">   New item 3.2.1.1.4.1 shall be added after item 3.2.1.1.4:  "3.2.1.1.4.1. However, until 1 October 1979, for application to vehicles other than those of category M1 and to vehicles equipped with automatic transmissions the limits for nitrogen oxide emissions given in the table of item 3.2.1.1.4 shall be multiplied by a factor 1 725."  Existing item 3.2.1.1.4.1 shall become item 3.2.1.1.4.2.  Items 3.2.1.1.5.1 and 3.2.1.1.5.2.  The words "both the pollutants" shall be replaced by "three pollutants".    Item 5.1.1.1. >PIC FILE= "T0010758">  New item 5.1.1.1.1 shall be added after item 5.1.1.1:  "5.1.1.1.1. However, until 1 October 1979, for application to vehicles other than those of category M1 and to vehicles equipped with automatic transmissions the limits for nitrogen oxide emissions given in the table of item 5.1.1.1 shall be multiplied by a factor 1 725."   ANNEX III : TYPE I TEST  The first sentence of item 3.2.1 shall be replaced by:  "the connecting tubes shall be made of stainless steel and shall, so far as possible, be provided with rigid connections."  Item 3.2.3.  The words "and with the reduction to a minimum of condensation on the sides of the sampling bag or bags" shall be deleted.  New items 3.2.4 and 3.2.5 shall be added after item 3.2.3:  " 3.2.4. A cooling condenser shall be located between the exhaust pipe of the engine and the inlet of the bag(s) in such a way that gas temperature tG at the exit of the condenser is maintained within the following limits: >PIC FILE= "T0010849"> The cooling system must be designed in such a way as to avoid any entrainment of condensed water by the gases flowing through it. This will enable the humidity of the gases in the sampling bag to be maintained at less than 83 % at 20º C.  3.2.5. The total volume of the collecting system, excluding the bag, shall not exceed 0 708 m3. The volume of the bag spreader pipe shall be less than 0 703 m3."   Existing items 3.2.4 and 3.2.5 become new items 3.2.6 and 3.2.7.  The first sentence of item 3.3.2 shall be replaced by:  "The carbon monoxide and hydrocarbon analysers shall be of the non-dispersive type with absorption in the infra-red."  New items 3.3.3 to 3.3.3.3 shall be added after item 3.3.2:  " 3.3.3. The nitrogen oxides shall be analysed as follows:    3.3.3.1.  The gases contained in the bag shall pass through a converter which reduces the nitrogen dioxide (NO2) to nitric oxide (NO).   3.3.3.2. The nitric oxide (NO) content of the gases emerging from the converter shall be determined by means of a chemiluminescence analyser.  3.3.3.3. No gas-drying device (ice-trap) must be used upstream of the analyser."   New item 3.5.7 shall be added after item 3.5.6:   "3.5.7. The converter must be least 90 % efficient."  Existing items 3.5.7 and 3.5.8 shall become items 3.5.8 and 3.5.9.   Item 4.5 shall be replaced by the following:  "4.5. Conditioning of bag(s)."   In the first sentence of item 4.5.1 the words "the bags shall...," shall be replaced by "the bag(s) shall...,".   New item 4.5.3 shall be added after item 4.5.2:  "4.5.3. Air must be blown into the bag(s) before each test in order the remove any residual moisture."   Items 4.6.1 to 4.6.1.3 shall be added after item 4.6:   " 4.6.1. Check on converter efficiency   The efficiency of the NO2-NO converter shall be checked by one of the following two methods:   4.6.1.1. Method "A"   4.6.1.1.1. A sampling bag which has not already been used to collect samples of exhaust gases shall be filled with air (or oxygen) and NO reference gas, which will be metered in such a way as to enable a mixture lying within the measuring range of the analyser to be obtained. Enough oxygen shall he added to enable a good proportion of the NO to be converted into NO2.   4.6.1.1.2. The bag shall be shaken briskly and be immediately connected to the sample feed device on the analyser. The NO and NOx concentrations shall be measured  in turn at one-minute intervals by alternately passing the sample through the converter and through the bypass tube. After several minutes the presence of NO and NOx will be recorded as shown in the diagram below if the converter is functioning properly. Although the quantity of NO2 will be increasing, the sum NOx = NO + NO2 should remain constant. A reduction in the amount of NOx as the operations proceed would be a sign that the efficiency of the converter was decreasing and the cause would have to be determined before the device was used.  >PIC FILE= "T0010759">   4.6.1.2. Method "B"   The efficiency of the converter can be verified with the aid of an ozonizer in accordance with the diagram and method set out below:  >PIC FILE= "T0010760">    4.6.1.2.1. The NO analyser shall be connected to a T tube receiving on one side a supply of the calibration gas (mixture of NO in N2 in a proportion corresponding to about 80 % of the full-scale value of the instrument) and from the other side a supply of ozonized oxygen or air (depending on the NO concentration). The inlet pipe for the supply of O2 shall be provided with a shut-off valve (SOV) and each of the inlet pipes shall also be connected to a metering valve (MV) and a flowmeter (F).   4.6.1.2.2. At the beginning of the check the SOV shall be closed and MV2 set in such a way as to obtain a steady reading from the chemiluminescent instrument set to "bypass". The device shall be spanned and calibrated in such a way that it correctly indicates the concentration of the gas sample used. Note reading (A).   4.6.1.2.3. With the ozonizer off the SOV shall be opened and the O2 flow rate regulated in such a way as to reduce the figure indicated by the analyser by about 10 %. This figure (B) shall be noted. The ozonizer shall be switched on and its voltage regulated so that the instrument reading falls to about 20 % of the initial value obtained with the non-diluted gas. The figure indicated (C) shall be noted.   4.6.1.2.4. The analyser shall be switched to "convert" and the reading (D) shall again be noted. The ozonizer shall be switched off and the new reading (E) noted. The SOV shall be closed and the new reading (F) of the instrument noted. The latter reading must be identical with the initial value (A) unless the gas sample contains NO2, in which case the figure indicated will be higher.   4.6.1.2.5. The efficiency of the converter (expressed as a percentage) shall be given by  >PIC FILE= "T0010761">   4.6.1.3. The efficiency of the converter must be checked at least once a week and preferably once a day."   Items 4.6.1 and 4.6.2 shall become items 4.6.2 and 4.6.3.   The following sentence shall be added to item 7.1:  "For the purpose of determining corrected volume V' in the case of nitrogen oxides, value PH shall be taken to be equal to O."   New item 7.2 shall be added after item 7.1:   " 7.2. Correction of "nitrogen dioxide" content  7.2.1. The nitrogen dioxide content of the gases shall be corrected by means of following formula:  >PIC FILE= "T0010762">   CM = the measured nitrogen dioxide content.  Cc = the corrected nitrogen dioxide content.  H = the absolute humidity expressed in grams of water per kilogram of dry air.  Absolute humidity H is given by the following formula:  >PIC FILE= "T0010763">   Ra = the relative humidity of the ambient air in %.   Pd = the saturated-water-vapour pressure at ambient temperature measured with a dry-bulb thermometer.  PB = the barometric pressure.  Pressures Pd and PB shall be expressed in the same units."   Existing item 7.2 shall be replaced by new item 7.3:  "7.3. Mass of gaseous pollutants contained in each bag  The mass of the gaseous p ollutants contained in each bag shall be determined by means of the product of d x C x V where C is the content per unit volume, d the density of the gaseous pollutants under consideration and V the corrected volume. V shall be replaced by V' in the case of nitrogen oxides.  For carbon monoxide, d = 1 7250.  For hydrocarbons, d = 3 7844 (hexane).  For nitrogen oxides, d = 2 705 (NO2)."  Existing item 7.3 shall become new item 7.4.


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31976L0135

Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels

Official Journal L 021 , 29/01/1976 P. 0010 - 0012 Finnish special edition: Chapter 7 Volume 1 P. 0171  Greek special edition: Chapter 07 Volume 2 P. 0003  Swedish special edition: Chapter 7 Volume 1 P. 0171  Spanish special edition: Chapter 07 Volume 2 P. 0039  Portuguese special edition Chapter 07 Volume 2 P. 0039

COUNCIL DIRECTIVE  of 20 January 1976  on reciprocal recognition of navigability licences for inland waterway vessels  (76/135/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,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas reciprocal recognition of navigability licences for inland waterway vessels should be achieved as a first step towards improving the safety of inland navigation in the Community;  Whereas it is necessary to establish under what circumstances and on what conditions Member States may interrupt the passage of a vessel;  Whereas it is necessary to fix a time limit for the adoption of common technical requirements, and whereas this Directive should be valid only until these common provisions come into force,  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply to:    (a) vessels used for goods transport and having a total dead weight of 20 metric tons or more, including tugs and pusher craft,       (b) vessels used for the transport of more than 12 passengers,   on inland waterways. This Directive shall not prejudice the provisions laid down in the Regulation on inspection of shipping on the Rhine and in the Agreement on transport of dangerous goods on the Rhine (ADNR).    Article 2 1. Member States shall, to the extent required, lay down any necessary procedures for the issue of navigability licences.  However, a Member State may exempt from this Directive vessels which do not leave the inland waterways of its territory.  2. Navigability licences shall be issued by the Member State in which the vessel is registered or has its home port or, failing that, by the Member State in which the owner of the vessel is domiciled. Any Member State may request another Member State to issue navigability licences for vessels operated by nationals of the former. Member States may delegate their powers to approved bodies.  3. Navigability licences shall be made out in a Community language, and shall provide at least the information and use the system of numbering specified in the Annex.   Article 3 1. Subject to paragraphs 3 to 6, each Member State shall recognize for navigation on its national waterways the navigability licences issued by another Member State in accordance with Article 2 on the same basis as if it had issued the licences itself.  2. Paragraph 1 shall apply only if the licence was issued or last extended not more than five years previously and has not expired.  The certificate issued pursuant to the Regulation on inspection of shipping on the Rhine shall be accepted as evidence, within the meaning of paragraphs 3 and 5, for its full duration.  3. Member States may require that the technical specifications laid down in the Regulation on inspection of shipping on the Rhine are complied with. They may require the certificate referred to in paragraph 2 (2) as proof of this.  4. Member States may require vessels carrying dangerous goods as defined in the ADNR to comply with the requirements laid down in this Agreement. As proof of this, they may require that the authorization provided for in this Agreement be produced.  (1)OJ No C 280, 8.12.1975, p. 71. (2)Opinion delivered 27.11.1975 (not yet published in the Official Journal).    5. Vessels which fulfil the requirements laid down in the Regulation on inspection of shipping on the Rhine shall be admitted to all inland waterways in the Community. Evidence of compliance with these requirements may be provided by the certificate referred to in paragraph 2 (2).  Special conditions for the transport of dangerous goods shall be considered fulfilled in all Community waterways if the vessels meet the requirements of the ADNR. The relevant proof may be provided by the authorization referred to in paragraph 4.  6. Member States may require fulfilment in maritime shipping lanes of additional conditions equivalent to those required for their own vessels. Member States shall inform the Commission of their maritime shipping lanes, the list of which will be drawn up by the Commission within three months following the entry into force of this Directive, on the basis of the information supplied to it by the Member States.   Article 4 1. Any Member State may withdraw a navigability licence which it has issued.  2. Any Member State may interrupt the passage of a vessel, where the vessel is found on inspection to be in a condition which clearly constitutes a danger to the surroundings, until the defects have been corrected. It may also do so where the vessel or its equipment is found on inspection not to satisfy the requirements set out in the navigability licence or in the other documents referred to in Article 3 as the case may be.  3. A Member State which has interrupted the passage of a vessel, or has indicated its intention to do so if the defects are not corrected, shall inform the competent authorities of the Member State where the navigability licence or the other documents referred to in Article 3 were issued of the reasons for the decision it has taken or it intends to take.  4. All decisions to interrupt the passage of a vessel taken pursuant to measures adopted in implementation of this Directive shall state in detail the reasons on which they are based. A decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.   Article 5 As soon as possible and not later than 1 January 1978, the Council shall, on a proposal from the Commission, adopt common provisions establishing technical requirements for inland waterway vessels.   Article 6 Member States shall, in good time and within one year of the adoption of the Directive by the Council, and after consulting the Commission, adopt such laws, regulations or administrative provisions as may be necessary to comply with this Directive.   Article 7 This Directive shall be valid until 31 December 1978. If need be, its validity may be extended by the Council on a proposal from the Commission until the provisions referred to in Article 5 enter into force.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 20 January 1976.  For the Council  The President  G. THORN      ANNEX Minimum information to appear on the licences  The information is divided into three categories:   I. compulsory : no special sign   II. required if applicable : (x)   III. useful but optional : (+)       1. Name of the authority or approved body issuing the document       2.        (a) Title of document           (b) (+) Number of document                 3. Issuing State       4. Name and domicile of the owner of the vessel       5. Name of vessel       6. (x) Place and number of registration       7. (x) Home port       8. (+) Construction type       9. (+) Utilization     10. Main characteristics :   (a) overall length in metres  (b) overall breadth in metres  (c) depth below waterline at maximum draught(s) in metres     11. (x) Dead weight(s) in metric tons or displacement(s) in cubic metres at maximum draught(s)       12. (x) Indication of draught marking       13. (x) Maximum authorized number of passengers       14. (x) Total power of propelling engines in HP or KW       15. Minimum freeboard(s) in centimetres       16.      (a) Declaration : The vessel indicated above is certified as being suitable for navigation           (b) (x) Subject to the following conditions           (c) (x) Indication of navigation restrictions                 17.      (a) Date of expiry           (b) Date of issue                 18. Stamp and signature of the authority or approved body issuing the licence.