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31998L0068

Commission Directive 98/68/EC of 10 September 1998 laying down the standard document referred to in Article 9(1) of Council Directive 95/53/EC and certain rules for checks at the introduction into the Community of feedingstuffs from third countries (Text with EEA relevance)

Official Journal L 261 , 24/09/1998 P. 0032 - 0038

COMMISSION DIRECTIVE 98/68/EC of 10 September 1998 laying down the standard document referred to in Article 9(1) of Council Directive 95/53/EC and certain rules for checks at the introduction into the Community of feedingstuffs from third countries (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organisation of official inspections in the field of animal nutrition (1), and in particular Article 9(2) thereof,Whereas when products are introduced into the customs territory of the Community and are not released for free circulation in the territory of the Member State which carries out the checks the competent authority shall provide the person concerned with a document indicating the type of check carried out and its outcome;Whereas rules should be adopted for the compilation and the delivery of the document;Whereas in defining the layout of the document it should be taken into account the future possibility of an eventual electronic transmission of the information contained in it;Whereas this uniform approach allows the document to be drawn up only in one of the official languages of the Community;Whereas a close cooperation between the customs authority and the competent authority in the field of animal nutrition must be established in order to ensure that inspection procedures are not eluded;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Feedingstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1 1. The document referred to in Article 9(1) of Directive 95/53/EC must be drawn up in accordance with the model laid down in Annex A. The document must take up a single sheet only.2. For the compilation of the document based on the model laid down in Annex A the rules laid down in Annex B are applicable.3. The document based on the model laid down in Annex A must be made out in one of the languages of the Community which is acceptable to the competent authority of the Member State where the products coming from third countries are introduced into the customs territory of the Community.If necessary, the competent authority of the Member State of destination may require from the person concerned referred to in Article 2(1) a translation of the document based on the model laid down in Annex A completed according to Annex B into one of the official languages of that Member State. The translation shall replace the corresponding particulars in the document in question.4. Any alteration or erasure on the document based on the model laid down in Annex A by an unauthorised person makes it invalid.Article 2 1. A document based on the model laid down in Annex A shall be delivered by the competent authority of the entry point to the person concerned in the cases referred to in Article 9(1) of Directive 95/53/EC and precisely:(a) when the products are coming directly from a third country and are intended for the release for free circulation in a Member State other than that which carried out the checks referred to in Article 5 and, where appropriate, in Article 7 of Directive 95/53/EC;(b) when non-Community products are leaving a free zone, a free warehouse or a customs warehouse and are intended for the release for free circulation in a Member State other than that where the free zone, the free warehouse or the customs warehouse are located.2. If the batch is split in different parts, a document based on the model laid down in Annex A must be delivered for each part of it.3. The document based on the model laid down in Annex A completed according to Annex B must accompany the batch to which it referes up to the moment of its release for free circulation in the Community and must be presented to the competent authority of the Member State where the products are released for free circulation together with a copy of the results of the laboratory analyses, where available.4. The Member States shall ensure that the customs authorities do not authorise the release of the products for free circulation into the customs territory of the Community unless information has been supplied that, both on the basis of the document based on the model laid down in Annex A completed according to Annex B and of possible further controls carried out by the competent authorities, the checks on the products in question have been carried out in accordance with Article 5 and 7 of Directive 95/53/EC to the satisfaction of the competent authority of the Member State where the products are released for free circulation.5. The competent authority of the Member State where the products are released for free circulation into the customs territory of the Community shall keep the document based on the model laid down in Annex A as well as a copy of the results of the laboratory analysis, where available, for at least 18 months.Article 3 1. Member States shall adopt and publish no later than 31 March 1999, immediately informing the Commission thereof, the laws, regulations and administrative provisions needed to comply with this Directive.They shall apply these provisions from 1 April 1999.The provisions shall contain a reference to this Directive or be accompanied by such a reference on official publication. Details of the reference shall be set by the Member State.2. Member States shall send the Commission the text of primary provisions of national law adopted on the matters regulated by this Directive.Article 4 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 10 September 1998.For the CommissionFranz FISCHLERMember of the Commission(1) OJ L 265, 8. 11. 1995, p. 17.ANNEX A DOCUMENT INDICATING THE CHECKS ON PRODUCTS USED IN ANIMAL NUTRITION INTRODUCED INTO THE EC FROM THIRD COUNTRIES >START OF GRAPHIC>EUROPEAN COMMUNITY DIRECTIVE 95/53/EC - ARTICLE 9A1 Consignor/exporterDocument indicating the checks on products used in animal nutrition introduced in the EC from third countriesInformation related to the batch presented2 Serial No3 Consignee4 Customs document No5 Accompanying document5.1 Laboratory tests according to Article 6 of Directive 96/25/EC in hand 1. [ ] Yes 2. [ ] No6 Declarant/representative7 Origin7.1 (If applicable) Approval/registration No:8 Description of goods[ ] 8.1[ ] 8.4[ ] 8.2[ ] 8.5[ ] 8.3[ ] 8.69 CN Code11 Gross mass (kg)10 No packages12 Net mass (kg)B13 Checks referred to in Article 5 of Directive 95/53/EC13.1 [ ] Documentary check13.2 Identity check 1. [ ] Yes 2. [ ] NoChecks carried out14 Checks referred to in Article 7 of Directive 95/53/EC14.1 Physical check 1. [ ] Yes 2. [ ] No14.2 Laboratory tests carried out1. [ ] Yes 2. [ ] NoType of analysis:If yes see copy of the results annexed hereto14.3 Laboratory tests in hand1. [ ] Yes 2. [ ] NoType of analysis:C15 Full identification of the competent authority of the entry point and official stamp16 The authorised official Place and dateSignatureName in capital lettersValidationD17 (Optional) Reserved for the competent authority of the Member State of destinationAdditional remarks>END OF GRAPHIC>ANNEX B DETAILED RULES FOR THE COMPILATION OF THE DOCUMENT REFERRED TO IN ANNEX A A. Information related to the batch presented 1. Consignor/exporter Enter the full name and address of the person or company concerned.2. Serial number Enter the progressive number given to the document by the competent authority.3. Consignee Enter the full name and address of the person or company to whom the goods are to be delivered.4. Customs document Enter the number of the customs document.5. Accompanying document Enter a reference to the document accompanying the batch.5.1. Enter a cross in the appropriate box. Enter a cross in '1. [. . .] Yes` if samples for laboratory tests have been taken as referred to in Article 6 of Directive 96/25/EC.6. Declarant/representative Enter the full name and address of the person or company concerned. If the declarant and the exporter/consignor are the same person, enter 'consignor` or 'exporter`.7. Origin Enter the name and the address of the establishment or the place of origin.7.1. Enter the approval or the registration number of the establishment, where applicable.8. Description of goods Enter a cross in the appropriate box:'[] 8.1` - for additives/premixtures'[] 8.2` - for feed materials'[] 8.3` - for compound feedingstuffs'[] 8.4` - for products referred to in Directive 82/471/EEC'[] 8.5` - for feedingstuffs for particular nutritional purposes'[] 8.6` - for other products and specify:9. CN code Enter the CN code.10. No packages Enter the quantity of packages or, in the case of unpacked goods, the word 'bulk`, as appropriate.11. Gross mass (kg) Enter the gross mass expressed in kilograms.12. Net mass (kg) Enter the net mass expressed in kilograms.B. Checks carried out 13. Checks referred to in Article 5 of Directive 95/53/EC 13.1 Enter a cross.13.2 Enter a cross in the appropriate box.14. Checks referred to in Article 7 of Directive 95/53/EC 14.1 Enter a cross in the appropriate box.14.2 Enter a cross in the appropriate box. Enter a cross in '1. [. . .] Yes`, if laboratory tests have been carried out and the results are available. In this case join an authenticated copy of the results of the laboratory tests and specify the type of analysis requested with a reference to the relevant Directive laying down Community methods of analysis for the official control of feedingstuffs or specifying the type of analysis.14.3 Enter a cross in the appropriate box. Enter a cross in '1. [. . .] Yes` if samples for laboratory tests have been taken and the results are not yet available. In this case specify the type of analysis requested with a reference to the relevant Directive laying down Community methods of analysis for the official control of feedingstuffs or specifying the type of analysis.C. Validation 15. Full identification of the competent authority of the entry point and official stamp Enter the name of the office of the competent authority of the entry point and the official stamp, to be applied in a colour different from that used in the document.16. The authorised official Enter the date, the signature of the authorised official of the competent authority and the full name in capital letters.D. Additional remarks (*) 17. Reserved for the competent authority of the Member State of destination This part of the document is available to the competent authority of the Member State of destination for eventual remarks.(*) Optional.


title: Directive 2007/38/EC of the European Parliament and of the Council of 11 July 2007 on the retrofitting of mirrors to heavy goods vehicles registered in the Community

text:
               14.7.2007

               EN

               Official Journal of the European Union

               L 184/25

      DIRECTIVE 2007/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 July 2007
   on the retrofitting of mirrors to heavy goods vehicles registered in the Community
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               A number of accidents are caused by drivers of heavy goods vehicles who are not aware that other road users are very close to or beside their vehicle. These accidents are often related to a change of direction at crossings, junctions or roundabouts when drivers fail to detect other road users in the blind spots which exist in the area immediately around their vehicles. It is estimated that every year about 400 people in Europe are killed in such circumstances, most of them being vulnerable road users such as cyclists, motorcyclists and pedestrians.

               (2)

               In its White Paper of 12 September 2001‘European transport policy for 2010: time to decide’ the Commission set the target of halving the number of road fatalities in the EU by 2010. In its third Road Safety Action Programme the Commission committed itself to investigating the issue of retrofitting heavy goods vehicles already in circulation with devices for indirect vision in order to reduce their blind spots and thus to contribute to the reduction of road fatalities.

               (3)

               In its 10 year roadmap in the Final Report ‘A Competitive Automotive Regulatory System for the 21st century’, the CARS 21 High Level Group recommended an integrated approach with regard to road safety including the compulsory introduction of new safety features, such as mirrors to reduce the blind spots of heavy goods vehicles.

               (4)

               Devices of indirect vision, such as wide-angle and close-proximity mirrors, cameras, monitors, or other type-approved systems of indirect vision, improve the driver's field of vision and increase vehicle safety.

               (5)

               Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 on the approximation of the laws of the Member States relating to the type approval of devices for indirect vision and of vehicles equipped with these devices (3), whilst having great potential for reducing the number of casualties affects only newly registered vehicles.

               (6)

               Vehicles which are already in circulation are therefore not subject to the obligations set out in Directive 2003/97/EC. It can be estimated that those vehicles will not be fully replaced until 2023.

               (7)

               In order to help reduce fatal and severe accidents caused by those vehicles and involving vulnerable road users, it is appropriate, in the meantime, to provide that the vehicles concerned be retrofitted with improved devices for indirect vision.

               (8)

               Vehicles already in circulation should be equipped with mirrors reducing the lateral blind spots whilst fulfilling the technical requirements of Directive 2003/97/EC. That is technically feasible for the majority of the vehicles concerned.

               (9)

               It is, however, appropriate and proportionate to provide exemptions and derogations for vehicles whose remaining lifespan is short, vehicles which are equipped with lateral mirrors whose field of vision covers only marginally less than the fields of vision laid down in Directive 2003/97/EC, and vehicles where fitting with mirrors complying with that Directive is not economically viable.

               (10)

               Vehicles in categories N2 and N3 which were originally registered and/or type-approved and/or put into service before 1 January 2000 and which are operated mainly for their historical interest should not be affected by the rules and procedures laid down in this Directive.

               (11)

               For heavy goods vehicles which, for technical and/or economic reasons, cannot be made to fully comply with the requirements of this Directive, the competent authorities should allow for and approve alternative solutions. In such cases, Member States should communicate lists of permitted and approved technical solutions to the Commission, which should in turn make them available to all Member States.

               (12)

               So that the market can cope with a high demand for mirrors within a short period of time, a transitional period should be provided for.

               (13)

               Heavy goods vehicles retrofitted before the dates for transposition of Directive 2003/97/EC with devices of indirect vision which largely cover the field of vision required by that Directive should be exempted from the requirements of this Directive.

               (14)

               The retrofitting exercise should be accompanied by appropriate measures designed to raise awareness of the dangers linked to the existence of blind spots of heavy goods vehicles, including information efforts directed towards vulnerable road users and in relation to the correct adjustment and use of indirect vision devices.

               (15)

               Vehicles other than those covered by this Directive, such as light goods vehicles and buses, which are not equipped with improved devices for indirect vision are also involved in blind spot accidents. Therefore, Community legislation on active and passive safety requirements should be continually reviewed with a view to improving and promoting road safety.

               (16)

               In the interests of a more comprehensive analysis and a future strategy on reducing blind spot accidents, the Commission should, pursuant to Council Decision 93/704/EC of 30 November 1993 on the creation of a Community database on road accidents (4) and other relevant Community acts, such as Decision No 2367/2002/EC of the European Parliament and of the Council of 16 December 2002 on the Community statistical programme 2003 to 2007 (5), gather relevant data from the Member States and process it appropriately.

               (17)

               Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (6) provides for periodic roadworthiness tests for motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3,5 tons, at least on a yearly basis. Heavy goods vehicles should, among others things, be fitted with rear-view mirrors complying with the requirements of this Directive in order to pass this roadworthiness test. Roadworthiness certificates issued by the Member States for vehicles registered on their territory are mutually recognised for the purpose of the free circulation of vehicles on Member State roads.

               (18)

               Since the objective of this Directive, namely the retrofitting of vehicles already in circulation in the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.

               (19)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (7), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   This Directive lays down requirements for the fitting with systems of indirect vision of vehicles of categories N2 and N3 as referred to in point 2 of Annex II, Section A 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 (8) which are registered in the Community.
   Article 2
   1.   This Directive shall apply to vehicles of categories N2 and N3 which are not type-approved or approved as a single vehicle under Directive 2003/97/EC.
   2.   This Directive shall not apply to any of the following:

               (a)

               Vehicles of categories N2 and N3 registered before 1 January 2000;

               (b)

               Vehicles of category N2 having a maximum total permissible mass not exceeding 7,5 tons, where it is impossible to mount a class V mirror in a way that ensures that the following conditions are fulfilled:

                           (i)

                           no part of the mirror is less than 2 m (a tolerance of + 10 cm may be applied) from the ground, regardless of the adjustment position, when the vehicle is under a load corresponding to its maximum technically permissible weight; and

                           (ii)

                           the mirror is fully visible from the driving position;

               (c)

               Vehicles of categories N2 and N3 that are subject to national measures which entered into force before the dates for transposition of Directive 2003/97/EC and which require fitment, on the passenger side, of other means of indirect vision covering not less than 95 % of the total field of vision at ground level of class IV and class V mirrors under that Directive.

         Article 3
   1.   With effect from 6 August 2007, and not later than 31 March 2009, Member States shall require that all vehicles referred to in Article 2(1) be equipped, on the passenger side, with wide-angle and close-proximity mirrors which fulfil the requirements for class IV and class V mirrors under Directive 2003/97/EC respectively.
   2.   By way of derogation from paragraph 1, compliance with the requirements of this Directive shall be deemed to be achieved where vehicles are equipped, on the passenger side, with wide-angle and close-proximity mirrors, whose combination of fields of vision covers not less than 95 % of the field of vision at ground level of a class IV mirror and not less than 85 % of the field of vision at ground level of a class V mirror under Directive 2003/97/EC.
   3.   Vehicles referred to in Article 2 which, for want of available, economically viable, technical solutions, cannot be equipped with mirrors complying with the requirements set out in paragraphs 1 or 2 of this Article, may be equipped with supplementary mirrors and/or other devices of indirect vision, provided that the combination of such devices covers not less than 95 % of the field of vision at ground level of a class IV mirror and not less than 85 % of the field of vision at ground level of a class V mirror under Directive 2003/97/EC.
   4.   Member States shall communicate a list of technical solutions complying with this Article to the Commission. The Commission shall make the information notified publicly available, via its website or any other appropriate means, to all Member States.
   Article 4
   1.   Compliance with the requirements set out in Article 3(1), (2) and (3) shall be established through proof furnished by a Member State in accordance with Article 3 of Directive 96/96/EC.
   2.   The Commission, assisted by the committees referred to in Article 8 of Directive 96/96/EC and Article 13(1) of Directive 70/156/EEC, each within their respective remits, shall take the appropriate measures to ensure that the equipment referred to in Article 3 of this Directive is installed and tested in order to establish its compliance and roadworthiness in accordance with the requirements of this Directive. These measures shall be taken not later than 6 August 2008.
   Article 5
   By 6 August 2011 the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Directive together with a study on blind spot accidents covering all vehicles and costs incurred, with the aim of improving road safety. On the basis of a more comprehensive cost-benefit analysis, the Commission's report shall be accompanied, if appropriate, by a proposal for the revision of existing legislation.
   Article 6
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 6 August 2008. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 7
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 8
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 July 2007.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         M. LOBO ANTUNES

      (1)  Opinion of 14 March 2007 (not yet published in the Official Journal).

      (2)  Opinion of the European Parliament of 10 May 2007 (not yet published in the Official Journal) and Council Decision of 25 June 2007.

      (3)  OJ L 25, 29.1.2004, p. 1. Directive as last amended by Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).

      (4)  OJ L 329, 30.12.1993, p. 63. Decision as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (5)  OJ L 358, 31.12.2002, p. 1. Decision as amended by Decision No 787/2004/EC (OJ L 138, 30.4.2004, p. 12).

      (6)  OJ L 46, 17.2.1997, p. 1. Directive as last amended by Regulation (EC) No 1882/2003.

      (7)  OJ C 321, 31.12.2003, p. 1.

      (8)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2007/37/EC (OJ L 161, 22.6.2007, p. 60).


title: Commission Directive 2006/77/EC of 29 September 2006 amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels for organochlorine compounds in animal feed  (Text with EEA relevance)

text:
               30.9.2006

               EN

               Official Journal of the European Union

               L 271/53

      COMMISSION DIRECTIVE 2006/77/EC
   of 29 September 2006
   amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council as regards maximum levels for organochlorine compounds in animal feed
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (1), and in particular Article 8(1) thereof,
   Whereas:

               (1)

               Directive 2002/32/EC provides that the use of products intended for animal feed which contain levels of undesirable substances exceeding the maximum levels laid down in Annex I to that Directive is prohibited.

               (2)

               When Directive 2002/32/EC was adopted, the Commission stated that Annex I to that Directive would be reviewed on the basis of updated scientific risk assessments and taking into account the prohibition of any dilution of contaminated non-complying products intended for animal feed.

               (3)

               On a request from the Commission, the European Food Safety Authority (EFSA) adopted an opinion relating to aldrin and dieldrin on 9 November 2005 (2).

               (4)

               Fish feed, containing relatively high proportion of fish oil in the formulation, was found to contain significant levels of aldrin/dieldrin. It is therefore appropriate to amend the existing provisions, based on the conclusions of the scientific opinion and available monitoring data.

               (5)

               On a request from the Commission, EFSA adopted an opinion relating to endosulfan on 20 June 2005 (3).

               (6)

               Based on the conclusions of the scientific opinion and available monitoring data, it is appropriate to amend the maximum level for endosulfan in crude vegetable oil in order to take into account to a certain extent the concentration of endosulfan in the crude vegetable oil compared to the level in the oilseed.

               (7)

               On a request from the Commission, EFSA adopted an opinion relating to hexachlorocyclohexanes (α, β, γ HCH) on 4 July 2005 (4) and an opinion on endrin on 9 November 2005 (5).

               (8)

               Based on the conclusions of the scientific opinions and available monitoring data, no modifications to the existing maximum levels as regards hexachlorocyclohexanes and endrin are necessary.

               (9)

               As regards aldrin, dieldrin, chlordane, DDT, endrin, heptachlor, hexachlorobenzene and hexachlorocyclohexanes (HCH), the term ‘fats’ should be replaced by the terms ‘fats and oils’ to indicate clearly that all fats and oils, including animal fat, vegetable oils, fish oil, are covered.

               (10)

               Directive 2002/32/EC should therefore be amended accordingly.

               (11)

               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 2002/32/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive 12 months after the entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   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
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 29 September 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2006/13/EC (OJ L 32, 4.2.2006, p. 44).

      (2)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to aldrin and dieldrin as undesirable substance in animal feed, adopted on 9 November 2005
   http://www.efsa.europa.eu/etc/medialib/efsa/science/contam/contam_opinions/1251.Par.0001.File.dat/contam_op_ej285_aldrinanddieldrin_en1.pdf

      (3)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to endosulfan as undesirable substance in animal feed, adopted on 20 June 2005
   http://www.efsa.europa.eu/etc/medialib/efsa/science/contam/contam_opinions/1025.Par.0001.File.dat/contam_op_ej234_endosulfan_en_updated21.pdf

      (4)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to gamma-HCH and other hexachlorocyclohexanes as undesirable substance in animal feed, adopted on 4 July 2005
   http://www.efsa.europa.eu/etc/medialib/efsa/science/contam/contam_opinions/1039.Par.0001.File.dat/contam_op_ej250_hexachlorocyclohexanes_en2.pdf

      (5)  Opinion of the Scientific Panel on contaminants in the Food Chain of the European Food Safety Authority (EFSA) on a request from the Commission related to endrin as undesirable substance in animal feed, adopted on 9 November 2005
   http://www.efsa.europa.eu/etc/medialib/efsa/science/contam/contam_opinions/1252.Par.0001.File.dat/contam_op_ej286_endrin_en1.pdf

      ANNEX
      Rows 17 to 26 of Annex I to Directive 2002/32/EC are replaced by the following:

                     Undesirable substances

                     Products intended for animal feed

                     Maximum content in mg/kg (ppm) relative to a feedingstuff with a moisture content of 12 %

                     (1)

                     (2)

                     (3)

                                 ‘17.

                                 Aldrin (1)

                     All feedingstuffs with the exception of

                     0,01 (2)

                                 18.

                                 Dieldrin (1)

                                 —

                                 fats and oils

                     0,1 (2)

                                 —

                                 fish feed

                     0,02 (2)

                                 19.

                                 Camphechlor (toxaphene) — sum of indicator congeners CHB 26, 50 and 62 (3)

                                 —

                                 Fish, other aquatic animals, their products and by-products with the exception of fish oil

                     0,02

                                 —

                                 Fish oil (4)

                     0,2

                                 —

                                 Feedingstuffs for fish (4)

                     0,05

                                 20.

                                 Chlordane (sum of cis- and trans-isomers and of oxychlordane, expressed as chlordane)

                     All feedingstuffs with the exception of

                     0,02

                                 —

                                 fats and oils

                     0,05

                                 21.

                                 DDT (sum of DDT-, TDE- and DDE-isomers, expressed as DDT)

                     All feedingstuffs with the exception of

                     0,05

                                 —

                                 fats and oils

                     0,5

                                 22.

                                 Endosulfan (sum of alpha- and beta-isomers and of endosulfansulphate expressed as endosulfan)

                     All feedingstuffs with the exception of

                     0,1

                                 —

                                 maize and maize products derived from the processing thereof

                     0,2

                                 —

                                 oilseeds and products derived from the processing thereof with the exception of crude vegetable oil

                     0,5

                                 —

                                 crude vegetable oil

                     1,0

                                 —

                                 complete feedingstuffs for fish

                     0,005

                                 23.

                                 Endrin (sum of endrin and of delta-ketoi-endrin, expressed as endrin)

                     All feedingstuffs with the exception of

                     0,01

                                 —

                                 fats and oils

                     0,05

                                 24.

                                 Heptachlor (sum of heptachlor and of heptachlorepoxide, expressed as heptachlor)

                     All feedingstuffs with the exception of

                     0,01

                                 —

                                 fats and oils

                     0,2

                                 25.

                                 Hexachlorobenzene (HCB)

                     All feedingstuffs with the exception of

                     0,01

                                 —

                                 fats and oils

                     0,2

               26.   Hexachlorocyclohexane (HCH)

                                 26.1.

                                 alpha-isomers

                     All feedingstuffs with the exception of

                     0,02

                                 —

                                 fats and oils

                     0,2

                                 26.2.

                                 beta-isomers

                     All feed materials with the exception of

                     0,01

                                 —

                                 fats and oils

                     0,1

                     All compound feedingstuffs with the exception of

                     0,01

                                 —

                                 compound feedingstuffs for dairy cattle

                     0,005

                                 26.3.

                                 gamma-isomers

                     All feedingstuffs with the exception of

                     0,2

                                 —

                                 fats and oils

                     2,0

         (1)  Singly or combined expressed as dieldrin.

         (2)  Maximum level for aldrin and dieldrin, singly or combined, expressed as dieldrin.

         (3)  Numbering system according to Parlar, prefixed by either “CHB” or “Parlar”:

                  —

                  CHB 26: 2-endo,3-exo,5-endo, 6-exo, 8,8,10,10-octochlorobornane,

                  —

                  CHB 50: 2-endo,3-exo,5-endo, 6-exo, 8,8,9,10,10-nonachlorobornane,

                  —

                  CHB 62: 2,2,5,5,8,9,9,10,10-nonachlorobornane.

         (4)  The levels shall be reviewed by 31 December 2007 with the aim of reducing the maximum levels.’


Avis juridique important

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31978L0473

Council Directive 78/473/EEC of 30 May 1978 on the coordination of laws, regulations and administrative provisions relating to Community co-insurance

Official Journal L 151 , 07/06/1978 P. 0025 - 0027 Finnish special edition: Chapter 6 Volume 2 P. 0003  Greek special edition: Chapter 06 Volume 2 P. 0014  Swedish special edition: Chapter 6 Volume 2 P. 0003  Spanish special edition: Chapter 06 Volume 2 P. 0028  Portuguese special edition Chapter 06 Volume 2 P. 0028

COUNCIL DIRECTIVE  of 30 May 1978  on the coordination of laws, regulations and administrative provisions relating to Community co-insurance  (78/473/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 57 (2) and 66 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the effective pursuit of Community co-insurance business should be facilitated by a minimum of coordination in order to prevent distortion of competition and inequality of treatment, without affecting the freedom existing in several Member States;  Whereas such coordination covers only those co-insurance operations which are economically the most important, i.e. those which by reason of their nature or their size are liable to be covered by international co-insurance;  Whereas this Directive thus constitutes a first step towards the coordination of all operations which may be carried out by virtue of the freedom to provide services ; whereas this coordination, in fact, is the object of the proposal for a second Council Directive on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services, which the Commission forwarded to the Council on 30 December 1975 (3);  Whereas the leading insurer is better placed than the other co-insurers to assess claims and to fix the minimum amount of reserves for outstanding claims;  Whereas work is in progress on the winding-up of insurance undertakings ; whereas provision must be made at this stage to ensure that, in the event of winding-up, beneficiaries under Community co-insurance contracts enjoy equality of treatment with beneficiaries in respect of the other insurance business, irrespective of the nationality of such persons;  Whereas special cooperation should be provided for in the Community co-insurance field both between the competent supervisory authorities of the Member States and between those authorities and the Commission ; whereas any practices which might indicate a misuse of the purpose of the Directive are to be examined in the course of such cooperation,  HAS ADOPTED THIS DIRECTIVE:    TITLE I General provisions  Article 1 1. This Directive shall apply to Community co-insurance operations referred to in Article 2 which relate to risks classified under point A. 4, 5, 6, 7, 8, 9, 11, 12, 13 and 16 of the Annex to the First Council Directive of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance (4), hereinafter called the "first Coordination Directive".  It shall not apply, however, to Community co-insurance operations covering risks classified under point A. 13 which concern damage arising from nuclear sources or from medicinal products. The exclusion of insurance against damage arising from medicinal products shall be examined by the Council within five years of the notification of this Directive.  2. This Directive shall apply to risks referred to in the first subparagraph of paragraph 1 which by reason of their nature or size call for the participation of several insured for their coverage.  Any difficulties which may arise in implementing this principle shall be examined pursuant to Article 8.  (1)OJ No C 60, 13.3.1975, p. 16. (2)OJ No C 47, 27.2.1975, p. 40. (3)OJ No C 32, 12.2.1976, p. 2. (4)OJ No L 228, 16.8.1973, p. 3.    Article 2 1. This Directive shall apply only to those Community co-insurance operations which satisfy the following conditions:    (a) the risk, within the meaning of Article 1 (1), is covered by a single contract at an overall premium and for the same period by two or more insurance undertakings, hereinafter referred to as "co-insurers", each for its own part ; one of these undertakings shall be the leading insurer;       (b) the risk is situated within the Community;       (c) for the purpose of covering this risk, the leading insurer is authorized in accordance with the conditions laid down in the First Coordination Directive, i.e. he is treated as if he were the insurer covering the whole risk;       (d) at least one of the co-insurers participates in the contract by means of a head office, agency or branch established in a Member State other than that of the leading insurer;       (e) the leading insurer fully assumes the leader's role in co-insurance practice and in particular determines the terms and conditions of insurance and rating.         2. Those co-insurance operations which do not satisfy the conditions set out in paragraph 1 or which cover risks other than those specified in Article 1 shall remain subject to the national laws operative at the time when this Directive comes into force.   Article 3 The right of undertakings which have their head office in a Member State and which are subject to and satisfy the requirements of the First Coordination Directive to participate in Community co-insurance may not be made subject to any provisions other than those of this Directive.   TITLE II Conditions and procedures for Community co-insurance  Article 4 1. The amount of the technical reserves shall be determined by the different co-insurers according to the rules fixed by the Member State where they are established or, in the absence of such rules, according to customary practice in that State. However, the reserve for outstanding claims shall be at least equal to that determined by the leading insurer according to the rules or practice of the State where such insurer is established.  2. The technical reserves established by the different co-insurers shall be represented by matching assets. However, relaxation of the matching assets rule may be granted by the Member States in which the co-insurers are established in order to take account of the requirements of sound management of insurance undertakings. Such assets shall be localized either in the Member States in which the co-insurers are established or in the Member State in which the leading insurer is established, whichever the insurer chooses.   Article 5 The Member States shall ensure that co-insurers established in their territory keep statistical data showing the extent of Community co-insurance operations and the countries concerned.   Article 6 The supervisory authorities of the Member States shall cooperate closely in the implementation of this Directive and shall provide each other with all the information necessary to this end.   Article 7 In the event of an insurance undertaking being wound up, liabilities arising from participation in Community co-insurance contracts shall be met in the same way as those arising under that undertaking's other insurance contracts without distinction as to the nationality of the insured and of the beneficiaries.   TITLE III Final provisions  Article 8 The Commission and the competent authorities of the Member States shall cooperate closely for the purposes of examining any difficulties which might arise in implementing this Directive.  In the course of this cooperation they shall examine in particular any practices which might indicate that the purpose of the provisions of this Directive and in particular of Article 1 (2) and Article 2 are being misused either in that the leading insurer does not assume the leader's role in co-insurance practice or that the risks clearly do not require the participation of two or more insurers for their coverage.   Article 9 The Commission shall submit to the Council within six years of the notification of this Directive a report on the development of Community co-insurance.    Article 10 Member States shall amend their national provisions so as to comply with this Directive within 18 months of its notification and shall immediately inform the Commission thereof.  The provisions thereby amended shall be applied within 24 months of such notification.   Article 11 Upon notification of this Directive Member States shall ensure that the texts of the main provisions of laws, regulations or administrative measures which they adopt in the field covered by this Directive are communicated to the Commission.   Article 12 This Directive is addressed to the Member States.     Done at Brussels, 30 May 1978.  For the Council  The President  I. NØRGAARD


Avis juridique important

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31997L0020

Commission Directive 97/20/EC of 18 April 1997 adapting to technical progress Council Directive 72/306/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (Text with EEA relevance)

Official Journal L 125 , 16/05/1997 P. 0021 - 0030

COMMISSION DIRECTIVE 97/20/EC of 18 April 1997 adapting to technical progress Council Directive 72/306/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (1), as last amended by Commission Directive 89/491/EEC (2), and in particular Article 4 thereof,Whereas Directive 72/306/EEC is one of the separate directives in the EC type-approval procedure established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of Member States relating to the type-approval of motor vehicles and their trailers (3), as last amended by Directive 96/79/EC of the European Parliament and of the Council (4); whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to Directive 72/306/EEC;Whereas, in particular, pursuant to Articles 3 (4) and 4 (3) of Directive 70/156/EEC, it is necessary that each separate directive has attached to it an information document incorporating the relevant items of Annex I to Directive 70/156/EEC and also a type-approval certificate based on Annex VI to Directive 70/156/EEC in order that type-approval may be computerized;Whereas these amendments relate only to the administrative provisions contained in Directive 72/306/EEC, whereas it is not necessary therefore to invalidate existing approvals pursuant to Directive 72/306/EEC nor to prevent the registration, sale and entry into service of new vehicles covered by such approvals;Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 72/306/EEC is hereby amended as follows:1. Article 1 is replaced by the following:'Article 1For the purposes of this Directive "vehicle" means any vehicle with a diesel engine, intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails and of agricultural and forestry tractors and of all mobile machinery.`;2. in Article 2, 'Annexes I, II, III, IV and VI` are replaced by 'the requirements of the relevant Annexes to this Directive`;3. in Article 3, 'item 2.2` is replaced by 'item 1.1`;4. the Annexes are amended in accordance with the Annex to this Directive.Article 2With effect from 1 October 1997, Member States:- shall no longer grant EC type-approval pursuant to Article 4 (1) of Directive 70/156/EEC, and- may refuse national type-approval,for a new type of vehicle on grounds relating to the emission of pollutants from diesel engines if it fails to comply with the provisions of Directive 72/306/EEC, as amended by this Directive.This Directive shall not invalidate any approval previously granted pursuant to Directive 72/306/EEC nor prevent extensions of such approvals under the terms of the Directive under which they were originally granted.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 1997. 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 texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 18 April 1997.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 190, 20. 8. 1972, p. 1.(2) OJ No L 238, 15. 8. 1989, p. 43.(3) OJ No L 42, 23. 2. 1970, p. 1.(4) OJ No L 18, 21. 1. 1997, p. 7.ANNEX AMENDMENTS TO THE ANNEXES TO DIRECTIVE 72/306/EEC 1. A list of Annexes is inserted between the Articles and Annex I to read as follows:'LIST OF ANNEXESAnnex I: Definitions, application for EC type-approval, granting of EC type-approval, symbol of the corrected absorption coefficient, specifications and tests, modifications of the type, conformity of productionAppendix 1: Information documentAppendix 2: Type-approval certificateAnnex II: Example of the symbol of the corrected absorption coefficientAnnex III: Test at steady speeds over the full-load curveAnnex IV: Test under free accelerationAnnex V: Technical characteristics of reference fuelAnnex VI: Limit values applicable in the test at steady speedsAnnex VII: Characteristics of opacimetersAnnex VIII: Installation and use of the opacimeter.`ANNEX 1 2. The index letter 'a` in the headline and the pertaining footnote are deleted.3. The title reads as follows:'DEFINITIONS, APPLICATION FOR EC TYPE-APPROVAL, GRANTING OF EC TYPE-APPROVAL, SYMBOL OF THE CORRECTED ABSORPTION COEFFICIENT, SPECIFICATIONS AND TESTS, MODIFICATIONS OF THE TYPE, CONFORMITY OF PRODUCTION`.4. Item 2 becomes item 1.5. Items 2.2 to 2.5 become items 1.1 to 1.4.6. In item 1.1 (former item 2.2):'Annex II` is replaced by 'Appendix 1`.7. Item 3 becomes item 2.8. Item 3.1 becomes item 2.1 and reads as follows:'2.1. The application for EC type-approval pursuant to Article 3 (4) of Directive 70/156/EEC of a vehicle type with regard to its emission of pollutants from diesel engines shall be submitted by the manufacturer.`9. Item 3.2 becomes item 2.2 and reads as follows:'2.2. A model for the information document is given in Appendix 1.`10. Items 3.2.1 and 3.2.2 are deleted.11. In item 3.3:- item 3.3 becomes item 2.3.- 'Annex II to the Regulation` is replaced by 'Appendix 1`.12. Item 3a becomes item 3 and reads as follows:'3. GRANTING OF EC TYPE-APPROVAL3.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4 (3) and, if applicable, Article 4 (4) of Directive 70/156/EEC shall be granted.3.2. A model for the EC type-approval certificate is given in Appendix 2.3.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of vehicle approved. The same Member State shall not assign the same number to another type of vehicle.`13. Items 4.4 to 4.6 becomes items 4.1 to 4.3.14. In item 4.1 (former item 4.4):'Annex to the type-approval certificate shown in Annex X` is replaced by 'Addendum to the type-approval certificate shown in Appendix 2`.15. In item 4.3 (former item 4.6):'Annex IX` is replaced by 'Annex II`.16. Item 6 reads as follows:'6. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS6.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.`17. Item 7.1 reads as follows:'7.1. Measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.`18. Item 7.3 becomes item 7.2 and reads as follows:'7.2. In particular, conformity of the vehicle with the approved type as regards the emission of pollutants from diesel engines shall be verified on the basis of the results listed in the Addendum to the type-approval certificate shown in Appendix 2. In addition:`19. Items 7.3.1, 7.3.1.1 and 7.3.1.2 become items 7.2.1, 7.2.1.1 and 7.2.1.2.20. Item 7.2.1.2 (former item 7.3.1.2):- in the English version: '7.3.1` is replaced by '7.2.1.1`- in the other versions: '7.3.1.1` is replaced by '7.2.1.1`21. Items 8 and 9 are deleted.22. The following Appendices 1 and 2 are added to read:'Appendix 1INFORMATION DOCUMENT NO . . . pursuant to Annex I to Council Directive 70/156/EEC (1*) relating to EC type-approval of a vehicle with respect to the measures to be taken against the emission of pollutants from diesel engines >START OF GRAPHIC>(Directive 72/306/EEC, as last amended by Directive . . ./. . ./EC)The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.0. GENERAL0.1. Make (trade name of manufacturer): .0.2. Type and general commercial description(s): .0.3. Means of identification of type, if marked on the vehicle (b): .0.3.1. Location of that marking: .0.4. Category of vehicle (c): .0.5. Name and address of manufacturer: .0.8. Address(es) of assembly plant(s): .1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE1.1. Photographs and/or drawings of a representative vehicle: .3. POWER PLANT (q)3.1. Manufacturer: .3.1.1. Manufacturer's engine code (as marked on the engine, or other means of identification): .3.2.1.1. Working principle: positive ignition/compression ignition, four stroke/two stroke (1)3.2.1.2. Number and arrangement of cylinders: .3.2.1.2.1. Bore (r): . mm3.2.1.2.2. Stroke (r): . mm3.2.1.2.3. Firing order: .3.2.1.3. Engine capacity (s): . cm33.2.1.4. Volumetric compression ratio (2) .3.2.1.5. Drawings of combustion chamber, piston crown and, in the case of positive ignition engines, piston rings: .3.2.1.6. Idling speed (2): . min-13.2.1.8. Maximum net power (t): . . . . . . . . . . kW at . . . . . . . . . . min-1 (manufacturer's declared value)3.2.1.9. Maximum permitted engine speed as prescribed by the manufacturer: . min-13.2.4. Fuel feed3.2.4.2. By fuel injection (compression ignition only): yes/no (1)3.2.4.2.1. System description: .3.2.4.2.2. Working principle: direct injection/pre-chamber/swirl chamber (1)3.2.4.2.3. Injection pump3.2.4.2.3.1. Make(s): .3.2.4.2.3.2. Type(s): .3.2.4.2.3.3. Maximum fuel delivery (1) (2): . . . . . . . . . . mm3/stroke or cycle at a pump speed of: . . . . . . . . . . min-1 or, alternatively, a characteristic diagram: .3.2.4.2.3.4. Injection timing (2): .3.2.4.2.3.5. Injection advance curve (2): .3.2.4.2.3.6. Calibration procedure: test bench/engine (1)3.2.4.2.4. Governor3.2.4.2.4.1. Type: .3.2.4.2.4.2. Cut-off point3.2.4.2.4.2.1. Cut-off point under load: . min-13.2.4.2.4.2.2. Cut-off point without load: . min-13.2.4.2.5. Injection piping3.2.4.2.5.1. Length: . mm3.2.4.2.5.2. Internal diameter: . mm3.2.4.2.6. Injector(s)3.2.4.2.6.1. Make(s): .3.2.4.2.6.2. Type(s): .3.2.4.2.6.3. Opening pressure (2): . . . . . . . . . . kPa or characteristic diagram (2): .3.2.4.2.7. Cold start system3.2.4.2.7.1. Make(s): .3.2.4.2.7.2. Type(s): .3.2.4.2.7.3. Description: .3.2.4.2.9. Electronic control unit3.2.4.2.9.1. Make(s): .3.2.4.2.9.2. Description of the system: .3.2.4.4. Feed pump3.2.4.4.1. Pressure (2): . . . . . . . . . . kPa or characteristic diagram (2): .3.2.7. Cooling system (liquid/air) (1)3.2.8. Intake system3.2.8.1. Pressure charger: yes/no (1)3.2.8.1.1. Make(s): .3.2.8.1.2. Type(s): .3.2.8.1.3. Description of the system (e.g. maximum charge pressure: . . . . . . . . . . Pa, wastegate if applicable): .3.2.8.2. Intercooler: yes/no (1)3.2.8.3. Intake depression at rated engine speed and at 100 % loadminimum allowable: . kPamaximum allowable: . kPa3.2.8.4. Description and drawings of inlet pipes and their accessories (plenum chamber, heating device, additional air intakes, etc.): .3.2.8.4.1. Intake manifold description (include drawings and/or photos): .3.2.8.4.2. Air filter, drawings: . , or3.2.8.4.2.1. Make(s): .3.2.8.4.2.2. Type(s): .3.2.8.4.3. Intake silencer, drawings: . , or3.2.8.4.3.1. Make(s): .3.2.8.4.3.2. Type(s): .3.2.9. Exhaust system3.2.9.1. Description and/or drawing of the exhaust manifold: .3.2.9.2. Description and/or drawing of the exhaust system: .3.2.9.3. Maximum allowable exhaust back pressure at rated engine speed and at 100 % load:. kPa3.2.10. Minimum cross-sectional areas of inlet and outlet ports: .3.2.11. Valve timing or equivalent data3.2.11.1. Maximum lift of valves, angles of opening and closing, or timing details of alternative distribution systems, in relation to dead-centres: .3.2.11.2. Reference and/or setting ranges (1): .3.2.12. Measures taken against air pollution3.2.12.2. Additional anti-pollution devices (if any, and if not covered by another heading)3.2.12.2.1. Catalytic converter: yes/no (1)3.2.12.2.1.1. Number of catalytic converters and elements: .3.2.12.2.1.2. Dimensions, shape and volume of the catalytic converter(s): .3.2.12.2.1.3. Type of catalytic action: .3.2.12.2.1.4. Total charge of precious metals: .3.2.12.2.1.5. Relative concentration: .3.2.12.2.1.6. Substrate (structure and material): .3.2.12.2.1.7. Cell density: .3.2.12.2.1.8. Type of casing for the catalytic converter(s): .3.2.12.2.1.9. Location of the catalytic converter(s) (place and reference distance in the exhaust line):.3.2.12.2.4. Exhaust gas recirculation: yes/no (1)3.2.12.2.4.1. Characteristics (flow rate, etc.): .3.2.12.2.6. Particulate trap: yes/no (1)3.2.12.2.6.1. Dimensions, shape and capacity of the particulate trap: .3.2.12.2.6.2. Type and design of the particulate trap: .3.2.12.2.6.3. Location (reference distance in the exhaust line): .3.2.12.2.6.4. Method or system of regeneration, description and/or drawing: ..3.2.12.2.7. Other systems (description and operation): .3.2.13. Location of the absorption coefficient symbol (compression ignition engines only): ..4. TRANSMISSION (V)4.3. Moment of inertia of engine flywheel: .4.3.1. Additional moment of inertia with no gear engaged: ..(Date, file)(1) Delete where not applicable.(2) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this type-approval certificate such characters shall be represented in the documentation by the symbol: '?' (e.g. ABC??123??).>END OF GRAPHIC>Addendum to Appendix 1INFORMATION ON TEST CONDITIONS >START OF GRAPHIC>1. LUBRICANT USED1.1. Make: .1.2. Type: . (state percentage of oil in mixture if lubricant and fuel mixed)2. ENGINE PERFORMANCES2.1. Power at the six points of measurement referred to in 2.1 of Annex III: .2.1.1. Power of the engine measured on the test bench: .2.1.2. Power measured on the wheels of the vehicle: .Engine speed(min-1)Measured power(kW)1. . .2. . .3. . .4. . .5. . .6. . .>END OF GRAPHIC>Appendix 2MODEL (maximum format: A4 (210 × 297 mm)) EC TYPE-APPROVAL CERTIFICATE >START OF GRAPHIC>Stamp of administrationCommunication concerning the:- type-approval (1),- extension of type-approval (1),- refusal of type-approval (1),- withdrawal of type-approval (1)of a type of a vehicle/component/separate technical unit (1) with regard to Directive . . ./. . ./EEC, as last amended by Directive . . ./. . ./EC.Type-approval number: .Reason for extension: .SECTION I0.1. Make (trade name of manufacturer): .0.2. Type and general commercial description(s): .0.3. Means of identification of type if marked on the vehicle/component/separate technical unit (1) (2):.0.3.1. Location of that marking:.0.4. Category of vehicle (1) (3):.0.5. Name and address of manufacturer:.0.7. In the case of components and separate technical units, location and method of affixing of the EC approval mark:.0.8. Address(es) of assembly plant(s):.SECTION II1. Additional information (where applicable): see Addendum2. Technical service responsible for carrying out the tests:.3. Date of test report:.4. Number of test report:.5. Remarks (if any): see Addendum6. Place:.7. Date:.8. Signature:.9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.(1) Delete where not applicable.(2) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this type-approval certificate such characters shall be represented in the documentation by the symbol: '?' (e.g. ABC??123??).(3) As defined in Annex II A to Directive 70/156/EEC.>END OF GRAPHIC>Addendum to EC type-approval certificate No . . . concerning the type-approval of a vehicle with regard to Directive 72/306/EEC, as last amended by Directive . . ./. . ./EC >START OF GRAPHIC>1. Additional information1.1. Power plant1.1.1. Manufacturer's engine code (as marked on the engine, or other means of identification):..1.2. Test results1.2.1. At steady speeds:Engine speed (min-1)Nominal flow G (litres/second)Limit absorption values (m-1)Measured absorption values (m-1)1. . . . .2. . . . .3. . . . .4. . . . .5. . . . .6. . . . .1.2.2. Under free acceleration1.2.2.1. Measured value of the absorption coefficient:. m-11.2.2.2. Corrected value of the absorption coefficient:. m-11.2.2.3. Location of the absorption coefficient symbol on the vehicle:.. >END OF GRAPHIC>`5. Remarks:.ANNEX II 23. Annex II is deleted.ANNEX III 24. Item 3.1.2:'Annex II` is replaced by 'Appendix 1 to Annex I`.25. Item 3.1.3:'Annex II` is replaced by 'Appendix 1 to Annex I`.ANNEX V 26. In the table, the limit value for the sulphur content shall read as follows:'max. 0,05 % mass`.ANNEX IX 27. Annex IX becomes Annex II.ANNEX X 28. Annex X is deleted.(1*) The item numbers and footnotes used in this information document correspond to those set out in Annex I to Directive 70/156/EEC. Items not relevant for the purpose of this Directive are omitted.


title: Commission Directive 2009/86/EC of 29 July 2009 amending Directive 98/8/EC of the European Parliament and of the Council to include fenpropimorph as an active substance in Annex I thereto (Text with EEA relevance)

text:
               30.7.2009

               EN

               Official Journal of the European Union

               L 198/31

      COMMISSION DIRECTIVE 2009/86/EC
   of 29 July 2009
   amending Directive 98/8/EC of the European Parliament and of the Council to include fenpropimorph as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

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

               (5)

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

               (6)

               In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing fenpropimorph and used as wood preservatives to ensure that risks are reduced to an acceptable level in accordance with Article 5 of Directive 98/8/EC and Annex VI thereto. In particular, appropriate measures should be taken to protect the soil and aquatic compartments since unacceptable risks to these compartments have been identified during the evaluation. Products intended for industrial use should be used with appropriate protective equipment if the risk identified for industrial users cannot be reduced by other means.

               (7)

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

               (8)

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

               (9)

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

               (10)

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

               (11)

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

               (12)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 30 June 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 July 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 29 July 2009.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1.

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

      ANNEX
      The following entry ‘No 21’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common name

                     IUPAC name
                     Identification numbers

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

                     Date of inclusion

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

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘21

                     fenpropimorph

                     (+/-)-cis-4-[3-(p-tert-butylphenyl)-2-methylpropyl]-2,6-dimethylmorpholine
                     EC No: 266-719-9
                     CAS No: 67564-91-4

                     930 g/kg

                     1 July 2011

                     30 June 2013

                     30 June 2021

                     8

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

                                 1.

                                 In view of the assumptions made during the risk assessment, products authorised for industrial use must be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to industrial users can be reduced to an acceptable level by other means.

                                 2.

                                 In view of the risks identified for the soil and aquatic compartments, appropriate risk mitigation measures must be taken to protect those compartments. In particular, labels and/or safety-data sheets of products authorised for industrial use shall indicate that freshly treated timber must be stored after treatment under shelter and/or on impermeable hard standing to prevent direct losses to soil or water and that any losses must be collected for reuse or disposal.’

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


title: Commission Directive 2006/76/EC of 22 September 2006 amending Council Directive 91/414/EEC as regards the specification of the active substance chlorothalonil   (Text with EEA relevance)

text:
               23.9.2006

               EN

               Official Journal of the European Union

               L 263/9

      COMMISSION DIRECTIVE 2006/76/EC
   of 22 September 2006
   amending Council Directive 91/414/EEC as regards the specification of the active substance chlorothalonil
   (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 the second indent of the second subparagraph of Article 6(1) thereof,
   Whereas:

               (1)

               After a review in which the Netherlands acted as Rapporteur Member State, Commission Directive 2005/53/EC (2) added the active substance chlorothalonil to Annex I to Directive 91/414/EEC. Directive 2005/53/EC provides for maximum levels for certain impurities. Following the Commission’s usual practice, these levels were based on specifications drafted by the Food and Agriculture Organisation (FAO) of the United Nations as regards the purity and levels of impurities contained in active substances, and in particular a publication of February 2005. Those specifications set a maximum level for hexachlorobenzene of 0,01 g/kg active substance. However, the FAO has issued a further set of specifications for chlorothalonil (3), which became available in December 2005, after the adoption of Directive 2005/53/EC. These specifications completed and formally repealed the specifications of February 2005 that were taken into consideration when that Directive was adopted. The new specifications set a maximum level for hexachlorobenzene of 0,04 g/kg active substance.

               (2)

               Although the Community is entitled to set its own level of protection for public health, animal health and the environment, it has been examined whether the purity levels laid down by Directive 2005/53/EC could be adjusted to reflect the new FAO specifications.

               (3)

               The Netherlands, after carrying out an ad hoc toxicological and ecotoxicological assessment, reached the conclusion that such a modification does not generate risks in addition to those already taken into account when chlorothalonil was added to Annex I to Directive 91/414/EEC. This conclusion was communicated to the other Member States, which agreed. In the light of this conclusion, and of the special circumstances of this case, the Commission considers that it is justified to modify the specification for chlorothalonil.

               (4)

               Since Directive 2005/53/EC requires Member States to apply its Article 2 from 1 September 2006, the amended specification for chlorothalonil should also apply from this date, without prejudice to the other deadlines laid down by Article 3 of Directive 2005/53/EC. As a consequence, this Directive should enter into force as quickly as possible.

               (5)

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

               (6)

               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 August 2006 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 September 2006.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall 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
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 22 September 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 2006/75/EC (OJ L 248, 12.9.2006, p. 3).

      (2)  OJ L 241, 17.9.2005, p. 51.

      (3)  FAO Specifications and Evaluations for Agricultural Pesticides — Chlorothalonil (Tetrachloroisophtalonitrile) (December 2005).

      ANNEX
      In Annex I to Directive 91/414/EEC, row 102 is replaced by the following:

                     No

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘102

                     Chlorothalonil
                     CAS No 1897-45-6
                     CIPAC No 288

                     Tetrachloroisophthalonitrile

                     985 g/kg

                                 —

                                 Hexachlorobenzene: not more than 0,04 g/kg

                                 —

                                 Decachlorobiphenyl: not more than 0,03 g/kg

                     1 March 2006

                     28 February 2016

                     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 chlorothalonil, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 15 February 2005 shall be taken into account.
                     In this overall assessment Members States must pay particular attention to the protection of:

                                 —

                                 aquatic organisms,

                                 —

                                 groundwater, in particular with regards to the active substance and its metabolites R417888 and R611965 (SDS46851), when the substance is applied in regions with vulnerable soil and/or climate conditions.

                           Conditions of use 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

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31991L0675

Council Directive 91/675/EEC of 19 December 1991 setting up an insurance committee

Official Journal L 374 , 31/12/1991 P. 0032 - 0033 Finnish special edition: Chapter 6 Volume 3 P. 0115  Swedish special edition: Chapter 6 Volume 3 P. 0115

COUNCIL DIRECTIVEof 19 December 1991setting up an Insurance  Committee(91/675/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the  third sentence of Article 57 (2) thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the Council shall confer on the Commission powers for the implementation of the rules which  the Council lays down; Whereas implementing measures are necessary for the application of Council directives on non-life  insurance and life assurance; whereas, in particular, technical adaptations may from time to time  be necessary to take account of developments in the insurance sector; whereas it is appropriate  that these measures shall be taken in accordance with the procedure laid down in Article 2,  procedure III, variant (b), of Council Decision 87/373/EEC of 13 July 1987 laying down the  procedures for the exercise of implementing powers conferred on the Commission (4); Whereas it is necessary for this purpose to set up an Insurance Committee; Whereas the establishment of an Insurance Committee does not rule out other forms of cooperation  between authorities which supervise the taking up and pursuit of the business of insurance  undertakings, and in particular cooperation within the Conference on Insurance Supervisory  Authorities, which is in particular competent for the drafting of protocols implementing Community  directives; whereas close cooperation between the Committee and the Conference would be  particularly useful; Whereas the examination of problems arising in non-life insurance and life assurance makes  cooperation desirable between the competent authorities and the Commission; whereas it is  appropriate to confer this task on the Insurance Committee; whereas it should furthermore be  ensured that there is smooth coordination of the activities of this Committee with those of other  committees of a similar nature set up by Community acts, HAS ADOPTED THIS REGULATION: Article 11.  The Commission shall be assisted by a committee called the  'Insurance Committee`, hereinafter referred to as the 'Committee`, composed of representatives of  Member States and chaired by the representative of the Commission. 2.  The Committee shall adopt its own rules of procedure. Article 21.  Where the Council, in the acts which it adopts in the field of direct non-life  insurance and direct life assurance, confers on the Commission powers for the implementation of the  rules which it lays down, the procedure set out in paragraph 2 shall apply. 2.  The representative of the Commission shall submit to the Committee a draft of the measures to  be taken. The Committee shall deliver its opinion on the draft within a time limit which the  chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the Committee shall be weighted in the manner set out in that Article. The chairman  shall not vote. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the  Committee. If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion  is delivered, the Commission shall without delay submit to the Council a proposal relating to the  measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of three months from the date of referral to the Council, the Council  has not acted, the  proposed measures shall be adopted by the Commission, save where the Commission  has decided against the said measures by a simple majority. Article 31.  The Committee shall examine any question relating to the application of Community  provisions concerning the insurance sector, and in particular Directives on direct insurance. The Commission may also consult the Committee on new proposals it intends to submit to the Council  as regards further coordination in the sphere of direct life assurance and direct non-life  insurance. 2.  The Committee shall not consider specific problems relating to individual insurance  undertakings. Article 4The Committee shall assume its functions on 1 January 1992. Article 5This Directive is addressed to the Member States. Done at Brussels, 19 December 1991. For the CouncilThe PresidentP. DANKERT(1) OJ N° C 230, 15. 9. 1990, p. 5. (2) OJ N° C 240, 16. 9. 1991, p. 117 and OJ N° C 305, 25. 11. 1991. (3) OJ N° C 102, 18. 4. 1991, p. 11. (4) OJ N° L 197, 18. 7. 1987, p. 33.