Avis juridique important

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31990L0618

Council Directive 90/618/EEC of 8 November 1990 amending, particularly as regards motor vehicle liability insurance, Directive 73/239/EEC and Directive 88/357/EEC which concern the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance

Official Journal L 330 , 29/11/1990 P. 0044 - 0049 Finnish special edition: Chapter 6 Volume 3 P. 0062  Swedish special edition: Chapter 6 Volume 3 P. 0062

*****COUNCIL  DIRECTIVE  of 8 November 1990  amending, particularly as regards motor vehicle liability insurance, Directive 73/239/EEC and Directive 88/357/EEC which concern the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance  ( 90/618/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 ( 1 ),  In cooperation with the European Parliament ( 2 ),  Having regard to the opinion of the Economic and Social Committee ( 3 ),  Whereas in order to develop the internal insurance market, the Council adopted on 24 July 1973 Directive 73/239/EEC 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 ) ( also referred to as the "First Directive ') and on 22 June 1988 Directive 88/357/EEC 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 and amending Directive 73/239/EEC ( 5 ) ( also referred to as the "Second Directive ');  Whereas Directive 88/357/EEC made it easier for insurance undertakings having their head office in the Community to provide services in the Member States, thus making it possible for policyholders to have recourse not only to insurers established in their own country, but also to insurers who have their head office in the Community and are established in other Member States;  Whereas the scope of the provisions of Directive 88/357/EEC specifically concerning freedom to provide services excluded certain risks, the application to which of the said provisions was rendered inappropriate at that stage by the specific rules adopted by the Member States' authorities, owing to the nature and social implications of such provisions; whereas those exclusions were to be re-examined after that Directive had been implemented for a certain period;  Whereas one of the exclusions concerned motor vehicle liability insurance, other than carrier's liability;  Whereas, however, when the abovementioned Directive was adopted the Commission gave an undertaking to present to the Council as soon as possible a proposal concerning freedom to provide services in the area of insurance against civil liability in respect of the use of motor vehicles ( other than carrier's liability );  Whereas, subject to the provisions of the said Directive concerning compulsory insurance, it is appropriate to provide for the possibility of large risk treatment, within  the meaning of Article 5 of the said Directive, for the said insurance class of motor vehicle liability;  Whereas large risk treatment should also be envisaged for insurance covering damage to or loss of land motor vehicles and land vehicles other than motor vehicles;  Whereas Directive 88/357/EEC laid down that the risks which may be covered by way of Community co-insurance within the meaning of Council Directive 78/473/EEC of 30 May 1978 on the coordination of laws, regulations and administrative provisions relating to Community co-insurance ( 1 ) were to be large risks as defined in Directive 88/357/EEC whereas the inclusion by the present Directive of the motor insurance classes in the large risks definition of Directive 88/357/EEC will have the effect of including those classes in the list of classes which may be covered by way of Community co-insurance;  Whereas Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability ( 2 ), as last amended by Directive 90/232/EEC ( 3 ), built on the green card system and the agreements between the national motor insurers' bureaux in order to enable green card checks to be abolished;  Whereas it is desirable, however, to grant Member States transitional arrangements for the gradual application of the specific provisions of this Directive relating to large risk treatment for the said insurance classes, including where risks are covered by co-insurance;  Whereas to ensure the continued proper functioning of the green card system and the agreements between the national motor insurers' bureaux it is appropriate to require insurance undertakings providing motor liability insurance in a Member State by way of provision of services to join and participate in the financing of the bureau of that Member State;  Whereas Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles ( 4 ), as last amended by Directive 90/232/EEC, required the Member States to set up or authorize a body ( guarantee fund ) with the task of providing compensation to victims of accidents caused by uninsured or unidentified vehicles;  Whereas it is also appropriate to require insurance undertakings providing motor liability insurance in a Member State by way of provision of services to join and participate in the financing of the guarantee fund set up in that Member State;  Whereas the rules in force in some Member States concerning the cover of aggravated risks apply to all undertakings covering risks through an establishment situated there; whereas the purpose of those rules is to ensure that the compulsory nature of motor liability insurance is balanced by the possibility for motorists to obtain such insurance; whereas Member States should be permitted to apply those rules to undertakings providing services in their territories to the extent that the rules are justified in the public interest and do not exceed what is necessary to achieve the abovementioned purpose;  Whereas in the field of motor liability insurance the protection of the interests of persons suffering damage who could pursue claims in fact concerns each and everyone and that it is therefore advisable to ensure that these persons are not prejudiced or put to greater inconvenience where the motor liability insurer is operating by way of provision of services rather than by way of establishment; whereas for this purpose, and insofar as the interests of these persons are not sufficiently safeguarded by the rules applying to the supplier of services in the Member State in which it is established, it should be provided that the  Member State of provision of services shall require the undertaking to appoint a representative resident or established in its territory to collect all necessary information in relation to claims and shall possess sufficient powers to represent the undertaking in relation to persons suffering damage who could pursue claims, including the payment of such claims, and to represent it or, where necessary, to have it represented before the courts and authorities of that Member State in relation to these claims;  Whereas this representative may also be required to represent the undertaking before the competent authorities of the Member State of provision of services in relation to the control of the existence and validity of motor vehicle liability insurance policies;  Whereas provision should be made for a flexible procedure to make it possible to assess reciprocity with third countries on a Community basis; whereas the aim of this procedure is not to close the Community's financial markets but rather, as the Community intends to keep its financial markets open to the rest of the world, to improve the liberalization of the global financial markets  in third countries; whereas, to that end, this Directive provided for procedures for negotiating with third countries and, as a last resort, for the possibility of taking measures involving the suspension of new applications for authorization or the restriction of new authorizations,  HAS ADOPTED THIS DIRECTIVE :  Article 1  For the purposes of this Directive :  ( a ) "vehicle' means a vehicle as defined in Article 1 ( 1 ) of Directive 72/166/EEC;  ( b ) "bureau' means a national insurers' bureau as defined in Article 1 ( 3 ) of Directive 72/166/EEC;  ( c ) "guarantee fund' means the body referred to in Article 1 ( 4 ) of Directive 84/5/EEC;  ( d ) "parent undertaking' means a parent undertaking as defined in Articles 1 and 2 of Directive 83/349 /  EEC ( 1 );  ( e ) "subsidiary' means a subsidiary undertaking as defined in Articles 1 and 2 of Directive 83/349/EEC; any subsidiary undertaking of a subsidiary undertaking shall also be regarded as a subsidiary of the parent undertaking which is at the head of those undertakings .  Article 2  In Article 5 ( d ) of Directive 73/239/EEC, "risks classified under classes 8, 9, 13 and 16 of point A of the Annex' in the first paragraph of point ( iii ) is hereby replaced by the following :  "risks classified under classes 3, 8, 9, 10, 13 and 16 of point A of the Annex '.  Article 3  1 . The heading of Title III of Directive 73/239/EEC is hereby replaced by the following :  "TITLE III A  Rules applicable to agencies or branches established within the Community and belonging to undertakings whose head offices are outside the Community '.  2 . The following heading is placed after Article 29 of Directive 73/239/EEC :  "TITLE III B  Rules applicable to subsidiaries of parent undertakings governed by the laws of a third country and to acquisitions of holdings by such parent undertakings '.  Article 4  The following Articles 29a and 29b shall be added to Title III B of Directive 73/239/EEC .  "Article 29a  The competent authorities of the Member States shall inform the Commission :  ( a ) of any authorization of a direct or indirect subsidiary, one or more parent undertakings of which are governed by the laws of a third country . The Commission shall inform the Insurance Committee to be established by the Council on proposal by the Commission;  ( b ) whenever such a parent undertaking acquires a holding in a Community insurance undertaking which would turn the latter into its subsidiary . The Commission shall inform the Insurance Committee to be established by the Council on proposal by the Commission accordingly .  When authorization is granted to the direct or indirect subsidiary of one or more parent undertakings governed by the law of third countries, the structure of the group shall be specified in the notification which the competent authorities shall address to the Commission .  Article 29b  1 . Member States shall inform the Commission of any general difficulties encountered by their insurance undertakings in establishing themselves or carrying on their activities in a third country .  2 . Initially not later than six months before the application of this Directive, and thereafter periodically, the Commission shall draw up a report examining the treatment accorded to Community insurance undertakings in third countries, in the terms referred to in paragraphs 3 and 4, as regards establishment and the carrying on of insurance activities, and the acquisition of holdings in third-country insurance undertakings . The Commission shall submit those reports to the Council, together with any appropriate proposals .  3 . Whenever it appears to the Commission, either on the basis of the reports referred to in paragraph 2 or on the basis of other information, that a third country is not granting Community  insurance undertakings effective market access comparable to that granted by the Community to insurance undertakings from that third country, the Commission may submit proposals to the Council for the appropriate mandate  for negotiation with a view to obtaining comparable competitive opportunities for Community insurance undertakings . The Council shall decide by a qualified majority .  4 . Whenever it appears to the Commission, either on the basis of the reports referred to in paragraph 2 or on the basis of other information, that Community insurance undertakings in a third country are not receiving national treatment offering the same competitive opportunities as are available to domestic insurance undertakings and that the conditions of effective market access are not being fulfilled, the Commission may initiate negotiations in order to remedy the situation .  In the circumstances described in the first subparagraph, it may also be decided at any time, and in addition to initiating negotiations, in accordance with the procedure laid down in the Act establishing the Insurance Committee referred to in Article 29a, that the competent authorities of the Member States must limit or suspend their decisions :  _ regarding requests pending at the moment of the decision or future requests for authorizations, and  _ regarding the acquisition of holdings by direct or indirect parent undertakings governed by the laws of the third country in question .  The duration of the measures referred to may not exceed three months .  Before the end of that three-month period, and in the light of the results of the negotiations, the Council may, acting on a proposal from the Commission, decide by a qualified majority that the measures shall be continued .  Such limitations or suspension may not apply to the setting up of subsidiaries by insurance undertakings or their subsidiaries duly authorized in the Community, or to the acquisition of holdings in Community insurance undertakings by such undertakings or subsidiaries .  5 . Whenever it appears to the Commission that one of the situations described in paragraphs 3 and 4 has arisen, the Member States shall inform it at its request :  ( a ) of any request for the authorization of a direct or indirect subsidiary, one or more parent undertakings of which are governed by the laws of the third country in question;  ( b ) of any plans for such an undertaking to acquire a holding in a Community insurance undertaking such that the latter would become the subsidiary of the former .  This obligation to provide information shall lapse once an agreement is concluded with the third country referred to in paragraph 3 or 4 or when the measures referred to in the second and third subparagraphs of paragraph 4 cease to apply .  6 . Measures taken under this Article shall comply with the Community's obligations under any international agreements, bilateral or multilateral, governing the taking-up and pursuit of the business of insurance undertakings .'  Article 5  The second and third indents in the second paragraph of Article 12 ( 2 ) of Directive 88/357/EEC are hereby deleted .  Article 6  The following Article is hereby inserted in Title III of Directive 88/357/EEC :  "Article 12a  1 . This Article shall apply where an undertaking, through an establishment situated in a Member State, covers a risk, other than carrier's liability, classified under class 10 of point A of the Annex to Directive 73/239/EEC which is situated in another Member State .  2 . The Member State of provision of services shall require the undertaking to become a member of and participate in the financing of its national bureau and its national guarantee fund .  The undertaking shall not, however, be required to make any payment or contribution to the bureau and fund of the Member State of provision of services in respect of risks covered by way of provision of services other than one calculated on the same basis as for undertakings covering risks, other than carrier's liability, i  class 10 through an establishment situated in that Member State, by reference to its premium income from that class in that Member State or the number of risks in that class covered there .  3 . This Directive shall not prevent an insurance undertaking providing services from being required to comply with the rules in the Member State of provision of services concerning the cover of aggravated risks, insofar as they apply to established undertakings .  4 . The Member State of provision of services shall require the undertaking to ensure that persons pursuing claims arising out of events occurring in its territory are not placed in a less favourable situation as a result of the fact that the undertaking is covering a risk, other than carrier's liability, in class 10 by way of provision of services rather than through an establishment situated in that State .  For this purpose, the Member State of provision of services shall require the undertaking to appoint a representative resident or established in its territory who shall collect all necessary information in relation to claims, and shall possess sufficient powers to repre  sent the undertaking in relation to persons suffering damage who could pursue claims, including the payment of such claims, and to represent it or, where necessary, to have it represented before the courts and authorities of that Member State in relation to these claims .  The representative may also be required to represent the undertaking before the competent authorities of the State of provision of services with regard to checking the existence and validity of motor vehicle liability insurance policies .  The Member State of provision of services may not require that appointee to undertake activities on behalf of the undertaking which appointed him other than those set out in the second and third subparagraphs . The appointee shall not take up the business of direct insurance on behalf of the said undertaking .  The appointment of the representative shall not in itself constitute the opening of a branch or agency for the purpose of Article 6 ( 2 ) ( b ) of Directive 73/239/EEC and the representative shall not be an establishment within the meaning of Article 2 ( c ) of this Directive .'  Article 7  1 . The following subparagraph is hereby added to Article 15 ( 1 ) and to Article 16 ( 1 ) of Directive 88/357/EEC :  "Each Member State within the territory of which an undertaking intends to provide services covering risks in class 10, other than carrier's liability, may require that the undertaking :  _ notify the name and address of the claims representative referred to in Article 12a ( 4 );  _ produce a declaration that the undertaking has become a member of the national bureau and the national guarantee fund of the Member State of provision of services .'  Article 8  The following subparagraph is hereby added to Article 21 ( 2 ) of Directive 88/357/EEC :  "Each Member State may require that the name and address of the representative of the insurance undertaking also appear in the abovementioned documents .'  Article 9  Article 22 ( 1 ) of Directive 88/357/EEC is hereby replaced by the following :  "1 . Every establishment must inform its supervisory authority in respect of operations effected by way of provision of services of the amount of the premiums, without deduction of reinsurance, receivable by Member State and by group of classes . The groups of classes shall be defined as follows :  _ accident and sickness ( 1 and 2 ),  _ motor insurance ( 3, 7 and 10, the figures relating to class 10, excluding carrier's liability, being specified ),  _ fire and other damage to property ( 8 and 9 ),  _ aviation, marine and transport ( 4, 5, 6, 7, 11 and 12 ),  _ general liability ( 13 ),  _ credit and suretyship ( 14 and 15 ),  _ other classes ( 16, 17 and 18 ).  The supervisory authority of each Member State shall forward this information to the supervisory authorities of each of the Member States of provision of services .'  Article 10  The last subparagraph of Article 27 ( 1 ) of Directive 88/357/EEC is hereby replaced by the following :  "The derogation allowed from 1 January 1995 shall only apply to contracts covering risks classified under classes 3, 8, 9, 10, 13 and 16 situated exclusively in one of the four Member States benefiting from the transitional arrangements .'  Article 11  Notwithstanding Article 23 ( 2 ) of Directive 88/357/EEC, in the case of a large risk within the meaning of Article 5 ( d ) of Directive 73/239/EEC, classified under class 10, other than carrier's liability, the Member State of provision of services may provide that :  _ the amount of the technical reserves relating to the contract concerned shall be determined, under the supervision of the authorities of that Member State, in accordance with its rules or, failing such rules, in accordance with established practice in that Member State, until the date by which the Member States must comply  with a Directive coordinating the annual accounts of insurance undertakings,  _ the covering of these reserves by equivalent and matching assets shall be under the supervision of the authorities of that Member State in accordance with its rules or practice, until the notification of a Third Directive on non-life insurance,  _ the localization of the assets referred to in the second indent shall be under the supervision of the authorities of that Member State in accordance with its rules or practice until the date by which the Member States must comply with a Third Directive on non-life insurance .  Article 12  Member States shall amend their national provisions to comply with this Directive within 18 months of the date of its notification ( 1 ) and shall forthwith inform the Commission thereof .  The provisions amended pursuant to the first subparagraph shall be applied within 24 months of the date of the notification of this Directive .  Article 13  This Directive is addressed to the Member States .  Done at Brussels, 8 November 1990 .  For the Council  The President  P . ROMITA  ( 1 ) OJ No C 65, 15 . 3 . 1989, p . 6, and  OJ No C 180, 20 . 7 . 1990, p . 6 .  ( 2 ) OJ No C 68, 19 . 3 . 1990, p . 85, and  Decision of 10 October 1990 ( not yet published in the Official Journal ).  ( 3 ) OJ No C 194, 31 . 7 . 1989, p . 3 .  ( 4 ) OJ No L 228, 16 . 8 . 1973, p . 3 .  ( 5 ) OJ No L 172, 4 . 7 . 1988, p . 1 .  ( 1 ) OJ No L 151, 7 . 6 . 1978, p . 25 .  ( 2 ) OJ No L 103, 2 . 5 . 1972, p . 1 .  ( 3 ) OJ No L 129, 19 . 5 . 1990, p . 33 .  ( 4 ) OJ No L 8, 11 . 1 . 1984, p . 17 .  ( 1 ) OJ No L 193, 18 . 7 . 1983, p . 1 .  ( 1 ) This Directive was notified to the Member States on 20 November 1990 .


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31992L0048

Council Directive 92/48/EEC of 16 June 1992 laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3 (1) (a) (i) of Directive 91/493/EEC

Official Journal L 187 , 07/07/1992 P. 0041 - 0044 Finnish special edition: Chapter 3 Volume 43 P. 0060  Swedish special edition: Chapter 3 Volume 43 P. 0060

COUNCIL DIRECTIVE 92/48/EEC  of 16 June 1992  laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3 (1) (a) (i) of Directive 91/493/EECTHE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products (1), and in particular Article 3 (1) (a) (i) thereof,Having regard to the proposal from the Commission,Whereas in accordance with Article 3 (1) (a) (i) of Directive 91/493/EEC it is essential that hygiene rules be laid down for fishery products caught and where appropriate handled for bleeding, heading, gutting and the removal of fins, chilled or frozen, on board certain vessels;Whereas general hygiene conditions applicable to fishing vessels should be laid down;Whereas it is important to lay down additional hygiene conditions applicable to fishing vessels on board which catches are kept for more than twenty-four hours;Whereas provisions should be made for the possibility of taking into consideration certain specific characteristics of certain fishing vessels;Whereas it is appropriate to point out that the inspections and controls carried out pursuant to Directive 91/493/EEC apply equally to the vessels referred to in this Directive,HAS ADOPTED THIS DIRECTIVE: Article 1 1. The general hygiene conditions laid down in Annex I shall apply to fishery products handled on board fishing vessels.2. The additional hygiene conditions laid down in Annex II shall apply to fishing vessels designed and equipped to preserve fishery products on board under satisfactory conditions for more than twenty-four hours, other than those equipped for keeping fish, shellfish and molluscs alive without other means of conservation on board.3. If necessary, and in accordance with the procedure laid down in Article 2, derogations from or conditions additional to the provisions of Annex I may be laid down in order to take account of the specific characteristics, if any, of certain fishing vessels. Article 2 The Annexes to this Directive may be amended in accordance with the procedure laid down in Article 15 of Directive 91/493/EEC. Article 3 Member States may, provided that the products coming from fishing vessels expressly comply with the hygiene standards set by Directive 91/493/EEC, grant a further period to fishing vessels, expiring on 31 December 1995, within which to comply with the said requirements laid down in points 8 (b) and (e) of Annex II.Such derogations may only be obtained by fishing vessels which, carrying out fishing activities on 30 June 1992, have submitted to the competent national authorities, before 31 December 1992, a duly justified application to that effect.This application must set out details of the periods within which the fishing vessels can comply with the said requirements.In the event that financial aid is solicited from the Community, only those projects that comply with the requirements of this Directive may be accepted. Article 4 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1993. They shall inform the Commissin thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. Article 5 This Directive is addressed to the Member States. Done at Luxembourg, 16 June 1992. For the Council The President Arlindo MARQUES CUNHA  (1) OJ No L 268, 24. 9. 1991, p. 15. ANNEX I General hygiene conditions applicable to fishery products on board fishing vessels 1. The sections of vessels or the containers reserved for the storage of fishery products must not contain objects or products liable to transmit harmful properties or abnormal characteristics to the foodstuffs. These sections or containers must be so designed as to allow them to be cleaned easily and to ensure that melt water cannot remain in contact with the fishery products.2. When used, the sections of vessels or the containers reserved for the storage of fishery products must be completely clean and, in particular, must not be capable of being contaminated by the fuel used for the propulsion of the vessel or by bilge water.3. As soon as they are taken on board, the fishery products must be protected firm contamination and from the effects of the sun or any other source of heat. When they are washed, the water used must be either fresh water complying with the parameters set out in Annexes D and E of Directive 80/778/EEC (1) or clean seawater, so as not to impair their quality or wholesomeness.4. The fishery products shall be handled and stored in such a way as to prevent bruising. The use of spiked instruments shall be tolerated for the moving of large fish or fish which might injure the handler, provided the flesh of these products is not damaged.5. Fishery products other than those kept alive must undergo cold treatment as soon as possible after loading. However, in the case of fishing vessels where cooling is not possible from a practicable point of view, the fishery products must not be kept on board for more than eight hours.6. Ice used for the chilling of products must be made from drinking water or clean seawater. Before use, it must be stored under conditions which prevent its contamination.7. After the fishery products have been unloaded, the containers, equipment and sections of vessels which are directly in contact with the fishery products must be cleaned with drinking water or clean seawater.8. Where fish is headed and/or gutted on board, such operations must be carried out hygienically and the products must be washed immediately and thoroughly with drinking water or clean seawater. The viscera and parts which may pose a threat to public health must be removed and set apart from products intended for human consumption. Livers and roes intended for human consumption must be refrigerated or frozen.9. Equipment used for gutting, heading and the removal of fins, and containers and equipment in contact with the fishery products, must be made of or coated with a material which is waterproof, resistant to decay, smooth and easy to clean and disinfect. When used they must be completely clean.10. Staff assigned to the handling of fishery products shall be required to maintain a high standard of cleanliness for themselves and their clothes.(1) OJ No L 229, 30. 8. 1980 p. 11. Directive as last amended by Directive 91/377/EEC (OJ No L 377, 31. 12. 1991, p. 48). ANNEX II Additional hygiene conditions applicable to the fishing vessels referred to in Article 1 (2) 1. Fishing vessels must be equippped with holds, tanks or containers for the storage of refrigerated or frozen fishery products at the temperature laid down by Directive 91/493/EEC. These holds shall be separated from the machinery space and the quarters reserved for the crew by partitions which are sufficiently impervious to prevent any contamination of the stored fishery products.2. The inside surface of the holds, tanks or containers shall be waterproof and easy to wash and disinfect. It shall consist of a smooth material or, failing that, smooth paint maintained in good condition, not being capable of transmitting to the fishery products substances harmful to human health.3. The holds shall be designed to ensure that melt water cannot remain in contact with the fishery products.4. Containers used for the storage of products must ensure their preservation under satisfactory conditions of hygiene and, in particular, allow drainage of melt water. When used they must be completely clean.5. The working decks, the equipment and the holds, tanks and containers shall be cleaned each time they are used. Drinking water or clean seawater shall be used for this purpose. Disinfection, the removal of insects or rat extermination shall be carried out whenever necessary.6. Cleaning products, disinfectants, insecticides and all potentially toxic substances shall be stored in locked premises or cupboards. Their use must not present any risk of contamination of the fishery products.7. If fishery products are frozen on board, this operation must be carried out in accordance with the conditions laid down in Chapter IV (II) (1) and (3) of the Annex to Directive 91/493/EEC. Where freezing in brine is used, the brine shall not be a source of contamination for the fish.8. Vessels equipped for chilling of fishery products in cooled seawater, either chilled by ice (CSW) or refrigerated by mechanical means (RSW), shall comply with the following requirements:(a) tanks must be equipped with adequate seawater filling and drainage installations and must incorporate devices for achieving uniform temperature throughout the tanks;(b) tanks must have a means of recording temperature connected to a temperature sensor positioned in the section of the tank where temperatures are highest;(c) the operation of the tank or container system must secure a chilling rate which ensures the mix of fish and seawater reaches 3° C at the most six hours after loading and 0° C at the most after sixteen hours;(d) after each unloading, the tanks, circulation systems and containers must be completely emptied and thoroughly cleaned using drinking water or clean seawater. They should only be filled with clean seawater;(e) the date and the number of the tank must be clearly indicated on the temperature recordings which must be kept available for the control authorities.9. The competent authority shall keep up to date for control purposes a list of the vessels equipped in accordance with points 7 or 8, with the exception however of vessels equipped with removable containers which, without prejudice to point 5, second sentence of Annex I, are not engaged regularly in preserving fish in chilled seawater.10. Shipowners or their representatives shall take all the measures necessary to prevent persons liable to contaminate fishery products from working on hand handling them, until there is evidence that such persons can do so without risk. The routine medical monitoring of such persons shall be governed by the national laws in force in the Member State concerned.


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32002L0062

Commission Directive 2002/62/EC of 9 July 2002 adapting to technical progress for the ninth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (organostannic compounds) (Text with EEA relevance)

Official Journal L 183 , 12/07/2002 P. 0058 - 0059

Commission Directive 2002/62/ECof 9 July 2002adapting to technical progress for the ninth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (organostannic compounds)(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(1), as last amended by Commission Directive 2001/91/EC(2), and in particular Article 2a thereof, introduced by Council Directive 89/678/EEC(3),Whereas:(1) Commission Directive 1999/51/EC(4) adapting to technical progress for the fifth time Annex I to Directive 76/769/EEC, prohibits the use of organostannic compounds in antifouling applications on the hulls of boats of less than twenty-five metres and vessels of any length used predominantly on inland waters. This Directive calls for a review of the provisions in relation to organostannic compounds used in antifouling products taking full account of developments within the International Maritime Organisation (IMO) and in particular, the call of their Marine Environment Protection Committee for a global prohibition of the application of organostannic compounds which act as biocides in antifouling systems on ships by 1 January 2003.(2) Scientific studies have shown that certain antifouling systems used on ships pose a substantial risk to the aquatic environment. An IMO International Convention on the Control of Harmful Antifouling Systems, agreed at an IMO Diplomatic Conference in October 2001, includes a prohibition from 1 January 2003, on the application or re-application to ships of organotin compounds which act as biocides in antifouling systems.(3) The prohibition of application or re-application of organostannic compounds directly affects the functioning of the internal market in organostannic compounds and it is therefore necessary to approximate the laws of the Member States in this field and consequently to amend Annex I to Directive 76/769/EEC and in particular, Directive 1999/51/EC.(4) A Regulation of the European Parliament and the Council will address measures in relation to vessels treated with organostanic compounds.(5) Directive 94/25/EC of the European Parliament and of the Council(5) regulates pleasure craft and these craft shall also be subject to the same restrictions as other boats.(6) This Directive does not affect Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC(6) and in individual directives based thereon, in particular Council Directive 90/394/EEC(7), as last amended by Directive 1999/38/EC(8), and Council Directive 98/24/EC(9) on protection of health and safety of workers from chemical agents at work.(7) This Directive does not affect Community legislation covering the use of organostannic compounds in food-contact plastics contained in Commission Directive 90/128/EEC of 23 February 1990 relating to plastics materials and articles intended to come into contact with foodstuffs(10), as last amended by Directive 2002/17/EC(11).(8) The measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of directives on the removal of technical barriers to trade in dangerous substances and preparations,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 76/769/EEC is hereby adapted to technical progress as set out in the Annex hereto.Article 2Member States shall adopt and publish the provisions necessary to comply with this Directive by 31 October 2002 at the latest. They shall forthwith inform the Commission thereof. They shall apply these provisions on 1 January 2003.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 3This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 9 July 2002.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 262, 27.9.1976, p. 201.(2) OJ L 286, 30.10.2001, p. 27.(3) OJ L 398, 30.12.1989, p. 24.(4) OJ L 142, 5.6.1999, p. 22.(5) OJ L 164, 30.6.1994, p. 15.(6) OJ L 183, 29.6.1989, p. 1.(7) OJ L 196, 26.7.1990, p. 1.(8) OJ L 138, 1.6.1999, p. 66.(9) OJ L 131, 5.5.1998, p. 11.(10) OJ L 349, 13.12.1990, p. 26.(11) OJ L 58, 28.2.2002, p. 19.ANNEXIn Annex I to Directive 76/769/EEC, point 21 shall be replaced by the following point: >TABLE>


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31997L0049

Commission Directive 97/49/EC of 29 July 1997 amending Council Directive 79/409/EEC on the conservation of wild birds

Official Journal L 223 , 13/08/1997 P. 0009 - 0017

COMMISSION DIRECTIVE 97/49/EC of 29 July 1997 amending Council Directive 79/409/EEC on the conservation of wild birdsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 15 thereof,Whereas Annex I to Directive 79/409/EEC should be amended to take account of the latest information on the situation as regards the bird subspecies Phalacrocorax carbo sinensis, and in particular the fact that this subspecies has reached a favourable conservation status;Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical and Scientific Progress set up pursuant to Directive 79/409/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1 Annex I to Directive 79/409/EEC shall be replaced by 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 no later than 30 September 1998. 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.Article 3 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 29 July 1997.For the CommissionRitt BJERREGAARDMember of the Commission(1) OJ No L 103, 25. 4. 1979, p. 1.ANNEX 'ANEXO I - BILAG I - ANHANG I - ÐÁÑÁÑÔÇÌÁ I - ANNEX I - ANNEXE I - ALLEGATO I - BIJLAGE I - ANEXO I - LIITE I - BILAGA I>TABLE>


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31991L0662

Commission Directive 91/662/EEC of 6 December 1991 adapting to technical progress Council Directive 74/297/EEC in respect of the behaviour of the steering wheel and column in an impact

Official Journal L 366 , 31/12/1991 P. 0001 - 0016 Finnish special edition: Chapter 13 Volume 21 P. 0196  Swedish special edition: Chapter 13 Volume 21 P. 0196

COMMISSION DIRECTIVEof 6 December 1991adapting to technical  progress Council Directive 74/297/EEC in respect of the behaviour of the steering wheel and column  in an impact(91/662/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 74/297/EEC of 4 June 1974 on the approximation of the laws of  the Member States relating to the interior fittings of motor vehicles (the behaviour of the  steering mechanism in the event of an impact) (1), and in particular Article 5 thereof, Whereas, in view of experience gained and of the state of the art, it is now appropriate, in the  case of a frontal impact, to improve protection offered to the driver by controlling the behaviour  of the sterring wheel and mechanism which is the aim of Directive 74/297/EEC, by aligning it with  the latest developments in the relevant Regulation of the United Nations Economic Commission for  Europe and by the introduction of some further improvements; Whereas, in view of experience gained from accidents indicating that the steering wheel should be  soft to protect the driver's face from serious injury, further modifications to this Directive  should be introduced for this purpose; whereas, as several proposals for a test method are  available, the Commission should bring forward a further proposal to the Committee for Adaptation  to Technical Progress by 31 December 1991; Whereas the provisions of this Directive are in accordance with the opinion of the Committee for  the Adaptation to Technical Progress of the Directives on Motor Vehicles, HAS ADOPTED THIS DIRECTIVE: Article 1The Annexes to Directive 74/297/EEC are hereby amended in accordance  with the Annexes to this Directive. Article 21.  With effect from 1 October 1992 no Member State may(a) - refuse, in respect of a  type of vehicle, to grant EC type-approval, or to issue the copy of the certificate provided for in  the last indent of Article 10 (1) of Council Directive 70/156/EEC (2), or to grant national  type-approval, or- prohibit the entry into service of vehicles, on grounds relating to their steering mechanism if this has been approved in accordance with  Directive 74/297/EEC as amended by this Directive; (b)- refuse to grant EC type-approval in respect of a type of steering control intended for  installation in a vehicle or vehicles, or- prohibit the placing on the market of steering controls  intended for installation in a vehicle or vehiclesif the said steering control complies with the  requirements of Directive 74/297/EEC as amended by this Directive. 2.  With effect from 1 October 1996, in respect of motor vehicles of category M1 which are not  forward control, Member States: - shall no longer issue the copy of the certificate provided for in the last indent of Article 10  (1) of Directive 70/156/EEC, and- may refuse to grant national type-approvalon grounds relating  to the steering mechanism if this does not comply with the requirements of Directive 74/297/EEC as  amended by this Directive. 3.  With effect from 1 October 1995, in respect of forward-control motor vehicles of category M1  and all N1 motor vehicles with a permissible maximum mass not exceeding 1 500 kilograms, Member  States: - shall no longer issue the copy of the certificate provided for in the last indent of Article 10  (1) of Directive 70/156/EEC, and- may refuse to grant national type-approvalon grounds relating  to the steering mechanism if this does not comply with the requirements of Directive 74/297/EEC as  amended by this Directive. 4.  With effect from 1 October 1996, in respect of types of steering control, Member States: - shall no longer issue the copy of the certificate provided for in the last indent of Article 10  (1) of Directive 70/156/EEC, and- may refuse to grant national type-approvalon grounds relating  to steering controls if these steering controls do not comply with the requirements of paragraphs  5.2, 5.3 and 5.4 of Annex I to Directive 74/297/EEC as amended by this Directive. 5.  With effect from 1 October 1996 Member States may prohibit the first entry into service of  vehicles in which the steering mechanisms do not comply with the requirements of Directive  74/297/EEC, as amended by this Directive. However, this shall not apply until 1 October 1997: - to a forward-control vehicle of category M1, or- to a vehicle of category N1 with a maximum  permissible mass not exceeding 1 500 kilograms, or- in the case of a vehicle of category M1 other  than a forward-control vehicle, with respect to the requirements laid down in paragraph 5.1 of  Annex I (maximum vertical displacement of the steering column). 6.  With effect from 1 October 1995 Member States may prohibit the placing on the market of  steering controls intended for the installation in a vehicle or vehicles if these steering controls  do not comply with the requirements laid down in paragraphs 5.2, 5.3 and 5.4 of Annex I to  Directive 74/297/EEC, as amended by this Directive. Article 31.  Member States shall bring into force the legislative, regulatory and administrative  provisions necessary in order to comply with this Directive before 1 October 1992 and shall  forthwith inform the Commission thereof. When the Member States adopt these provisions these shall contain a reference to this Directive or  shall be accompanied by such a reference at the time of their official publication. The procedure  for such reference shall be adopted by Member States. 2.  Member States shall ensure that the terms of the main provisions of national law which they  adopt in the field covered by this Directive are communicated to the Commission. Article 4This Directive is addressed to the Member States. Done at Brussels, 6 December 1991. For the CommissionMartin BANGEMANNVice-President(1) OJ N° L 165, 20. 6.  1974, p. 16. (2) OJ N° L 42, 23. 2. 1970, p. 1.  ANNEX I DEFINITIONS, APPLICATION FOR EC TYPE-APPROVAL, EC TYPE-APPROVAL, SPECIFICATIONS,  TESTS, CONFORMITY OF PRODUCTION 1. SCOPEThis Directive applies to the behaviour of the steering mechanism of motor vehicles of  category M1, and vehicles of category N1 with a maximum permissible mass less than 1 500 kilograms,  with regard to the protection of the driver in a frontal collision. At the request of a manufacturer, vehicles belonging to other categories may be approved under this  Directive. 2. DEFINITIONSFor the purposes of this Directive2.1. 'Behaviour of the steering mechanism in the event of an impact` means the behaviour of this  mechanism under the effect of three types of force, ie: 2.1.1. those resulting from a frontal collision which may produce displacement of the steering column  towards the rear; 2.1.2. those due to the driver's head inertia in the event of an impact against the steering control in a  frontal collision; 2.1.3. those due to the driver's body inertia in the event of an impact against the steering control in a  frontal collision. 2.2. 'Vehicle type` means a category of motor vehicles which do not differ in such essential respects  as: 2.2.1. the structure, dimensions, lines and constituent materials of that part of the vehicle forward of  the steering control; 2.2.2. the mass of the vehicle in running order, as defined in item 2.6 of Annex I to Directive 70/156/EEC  without the driver. 2.3. 'Steering control` means the steering device, usually the steering wheel, which is actuated by the  driver. 2.4. 'Steering control type` means a category of steering controls which do not differ in such essential  respects as the structure, dimensions, lines and constituent materials. 2.5. 'Approval of a steering control` means the approval of a steering control type with regard to the  protection of the driver's head and body against the steering control in the event of an impact. 2.6. 'Approval of a vehicle` means the approval of a vehicle type with regard to the protection of the  driver's head and body against the steering mechanism in the event of an impact. 2.7. 'General steering control` means a steering control which can be fitted to more than one vehicle  type where differences in the attachment of the steering control to the steering column do not  affect the impact performance of the steering control. 2.8. 'Air bag` means a flexible bag that is designed to be filled with a gas under pressure, and is: 2.8.1. designed to protect the vehicle driver in an impact against the steering control, and2.8.2. inflated by a device which is actuated in case of vehicle's impact. 2.9. 'Steering control rim` means the quasi-toroidal outer ring in the case of the steering wheel  usually gripped by the driver's hand during driving. 2.10. 'Spoke` means a bar connecting the steering control rim to the boss. 2.11. 'Boss` means that part of the steering control, usually at the centre, that: 2.11.1. joins the steering control to the steering shaft; 2.11.2. transmits the torque from the steering control to the steering shaft. 2.12. 'Centre of the steering control boss` means that point on the surface of the boss which is in line  with the axis of the steering shaft. 2.13. 'Plane of the steering control` means, in the case of the steering wheel, the flat surface that  splits the steering wheel rim equally between the driver and the front of the vehicle. 2.14. 'Steering shaft` means the component which transmits to the steering gear housing the torque  applied to the steering control. 2.15. 'Steering column` means the housing enclosing the steering shaft. 2.16. 'Steering mechanism` means the aggregate comprising the steering control, the steering column, the  assembly accessories, the steering shaft, the steering gear housing, and all other components such  as those designed to contribute to the absorption of energy in the event of impact against the  steering control. 2.17. 'Passenger compartment` means the space for occupant accommodation bounded by the roof, floor, side  walls, doors, outside glazing, front bulkhead and the plane of the rear seat back support. 2.18. 'Impactor` means the rigid hemispherical headform 165 mm in diameter, in accordance with Annex IV  paragraph 3. 2.19. 'R-point`, means the seating reference point defined in Annex III to Directive 77/649/EEC, as  amended by Directive 90/630/EEC. 3. APPLICATION FOR EC TYPE-APPROVAL3.1. Vehicle type3.1.1. The application for EC approval of a vehicle type with regard to the protection of the driver  against the steering mechanism in the event of impact shall be submitted by the vehicle  manufacturer or by his duly authorized representative. 3.1.2. It shall be accompanied by the undermentioned documents in triplicate and the following  particulars: 3.1.2.1. a detailed description of the vehicle type with respect to the structure, dimensions, lines and  constituent materials of that part of the vehicle forward of the steering control; 3.1.2.2. drawings, on an appropriate scale and in sufficient detail, of the steering mechanism and of its  attachment to the vehicle chassis and body; 3.1.2.3. a technical description of that mechanism; 3.1.2.4. the mass of the vehicle in running order; 3.1.2.5. evidence that the steering control has been approved in accordance with items 5.2 and 5.3 below if  applicable. 3.1.3. The following shall be submitted to the technical service responsible for conducting approval  tests: 3.1.3.1. a vehicle, representative of the vehicle type to be approved, for the test referred to in item 5.1  below; 3.1.3.2. at the manufacturer's discretion, with the agreement of the technical service, either a second  vehicle, or those parts of the vehicle which are essential for tests referred to in items 5.2 and  5.3 below. 3.2. Steering control type3.2.1. The application for EC approval of a steering control type shall be submitted by the steering  control manufacturer or by his duly authorized representative. 3.2.2. It shall be accompanied by the undermentioned documents in triplicate and the following  particulars: 3.2.2.1. a detailed description of the steering control type with respect to the structure, the dimensions  and the constituent materials of the steering control; 3.2.2.2. drawings, on an appropriate scale and in sufficient detail, of the steering mechanism and of its  attachment to the vehicle chassis and body. 3.2.3. A steering control representative of the steering control type to be approved plus, at the  manufacturer's discretion, with the agreement of the technical service, those parts of the vehicle  which are essential for the test, shall be submitted to the technical service responsible for  conducting approval tests, for the tests referred to in items 5.2 and 5.3 below. 4. EC TYPE-APPROVAL4.1. The approval authority shall verify the existence of satisfactory arrangements for ensuring  effective control of the conformity of production before type-approval is granted. 4.2. A certificate conforming to the model specified in 4.2.1 or 4.2.2 shall be attached to the EC  type-approval certificate: 4.2.1. Annex V A for applications referred to in 3.1; 4.2.2. Annex V B for applications referred to in 3.2. 5. SPECIFICATIONS5.1. When the vehicle, in running order, without a manikin, is collision-tested against a barrier at a  speed of 48,3 km/h the top of the steering column and its shaft shall not move backwards,  horizontally and parallel to the longitudinal axis of the vehicle, by more than 12,7 cm in relation  to a point of the vehicle not affected by the impact and 12,7 cm vertically. 5.2. When the steering control is struck by a body block released against this control at a relative  speed of 24,1 km/h, in accordance with the procedures in Annex III, the force applied to the body  by the steering control shall not exceed 1,111 daN. 5.3. When the steering control is struck by an impactor released against this control at a relative  speed of 24,1 km/h, in accordance with the procedures in Annex IV, the deceleration of the impactor  shall not exceed 80 g cumulative for more than 3 milliseconds. The deceleration shall always be  lower than 120 g with CFC 600 Hz. 5.4. The steering control shall be designed, constructed and fitted in such a way that: 5.4.1. Before the impact test required in items 5.2 and 5.3 no part of the steering control surface,  directed towards the driver, which can be contacted by a sphere of 165 mm in diameter shall present  any roughness or sharp edges with a radius of curvature of less than 2,5 mm. 5.4.1.1. After any impact test required in items 5.2 and 5.3 the part of the steering control surface  directed towards the driver shall not present any sharp or rough edges likely to increase the  danger or severity of injuries to the driver. Small surface cracks and fissures shall be  disregarded. 5.4.2. The steering control shall be designed, constructed and fitted so as not to embody components or  accessories, including the horn control and assembly accessories, capable of catching in the  driver's clothing or jewellery in normal driving movements. 5.4.3. In the case of steering controls not intended to form part of the original equipment they shall be  required to meet the specification when tested in accordance with Annex III, item 2.1.3 and Annex  IV, item 2.3. 5.4.4. In the case of 'general steering controls`, the requirements shall be met over: 5.4.4.1. the full range of column angles, it being understood that the tests shall be performed at least for  the maximum and minimum column angles for the range of vehicle types for which the controls are  intended; 5.4.4.2. the full range of possible impactor and body-block positions in relation to the steering control,  it being understood that the test shall be performed at least for the mean position for the range  of approved vehicle types for which the controls are intended. Where a steering column is used, it  shall be of a type corresponding to the 'worst case` conditions. 5.4.5. Where adaptors are used to adapt a single type of steering control to a range of steering columns,  and it can be demonstrated that with such adaptors the energy-absorbing characteristics of the  system are the same, all the tests may be performed with one type of adaptor. 6. TESTS6.1. Compliance with the requirements of item 5 above shall be checked in accordance with the methods  set out in Annexes II, III and IV. All measurements should be done on the basis of ISO 6487-1987. 6.2. However, other tests may be permitted at the discretion of the approval authority provided  equivalence can be demonstrated. In such a case a report shall be attached to the approval  documentation describing the methods used and the results obtained. 7. CONFORMITY OF PRODUCTION7.1. In the case of an EC approval of the vehicle type, in order to verify conformity, a sufficient  number of production steering controls shall be subjected to random checks. 7.2. In the case of an EC approval of the steering control type, in order to verify conformity, a  sufficient number of production steering controls shall be subjected to random checks. 7.3. As a general rule the checks as aforesaid shall be confined to the taking of measurements. However,  if necessary, the vehicles or the steering controls shall be subjected to the test prescribed in  item 5.  ANNEX II FRONTAL IMPACT TEST AGAINST A BARRIER 1. PURPOSEThe purpose of this test is to verify whether the vehicle satisfies the requirements set  forth in item 5.1 of Annex I. 2. INSTALLATIONS, PROCEDURE AND MEASURING INSTRUMENTS2.1. Testing groundThe test area shall be large enough to accommodate the run-up track, barrier and  technical installations necessary for the test. The last part of the track, for at least 5 m before  the barrier, shall be horizontal (slope less than 3 % measured over a length of one metre), flat  and smooth. 2.2. BarrierThe barrier shall consist of a block of reinforced concrete not less than 3 m wide in front  and not less than 1,5 m high. The barrier shall be of such thickness that its mass is at least 70  tonnes. The front face shall be flat, vertical and perpendicular to the axis of the run-up track.  It shall be covered with plywood boards 19 p 1 mm thick, in good condition. A structure on a steel  plate at least 25 mm thick may be placed between the plywood board and the barrier. A barrier with  different characteristics may likewise by used, provided that the area of the impact surface is  greater than the frontal crash area of the vehicle being tested and provided that it gives  equivalent results. 2.3. Propulsion of vehiclesAt the moment of impact the vehicle shall no longer be subject to the action  of any additional steering or propelling device. It shall reach the obstacle on a course  perpendicular to the barrier: the maximum lateral misalignment tolerated between the vertical  median line of the front of the vehicle and the vertical median line of the barrier is p 30 cm. 2.4. State of vehicle2.4.1. For the test, the vehicle shall either be fitted with all the normal components and equipment  included in its unladen kerb mass or be in such a condition as to satisfy this requirement so far  as the components and equipment of concern to the passenger compartment and the distribution of the  mass of the vehicle as a whole, in running order, are concerned. At the request of the  manufacturer, notwithstanding item 5.1 of Annex I the test may be carried out with manikins in  position, provided they do not at any time hinder the movement of the steering mechanism. The mass  of the manikins shall not be taken into account for the purposes of the test. 2.4.2. If the vehicle is driven by external means, the fuel feed system shall be filled to at least 90 %  of its capacity with a non-flammable liquid having a density between 0,7 and 1. All the other  systems (brake-fluid reservoirs, radiator, etc) may be empty. 2.4.3. If the vehicle is driven by its own engine, the fuel tank shall be at least 90 % full. All other  reservoirs shall be filled to capacity. If the manufacturer so desires and the technical service agrees, the fuel feed to the engine may be  provided from an auxiliary tank of small capacity. In such case, the fuel tank shall be filled to  not less than 90 % of its capacity with a non-flammable liquid of a density between 0,7 and 1. 2.4.4. If the manufacturer so requests, the technical service responsible for conducting the tests may  allow the same vehicle as is used for tests prescribed by other Directives (including tests capable  of affecting its structure) to be used also for the tests prescribed by this Directive. 2.5. Speed on impactThe speed on impact shall be between 48,3 km/h and 53,1 km/h. However, if the test  has been carried out at a higher impact speed and the vehicle has met the requirements laid down,  the test shall be considered satisfactory. 2.6. Measuring instrumentsThe instrument used to record the speed referred to in item 2.5 above shall  be accurate to within 1 %. 3. RESULTS3.1. To determine the rearward and upward movement of the steering control, a recording (;) shall be  made, during the collision, of the variation in the distance - measured horizontally (2) and  parallel to the longitudinal axis of the vehicle and, vertically, in the direction perpendicular to  that axis - between the top of the steering column (and shaft) and a point on the vehicle which is  not affected by the impact. The largest value of this variation, taken from the recording, shall be  taken as the rearward and upward movement. 3.2. After the test, the damage sustained by the vehicle shall be described in a written report; one  photograph at least shall be taken of each of the following views of the vehicle: 3.2.1. - sides (right and left), 3.2.2. - front, 3.2.3. - bottom, 3.2.4. - affected area inside the passenger compartment. 4. CORRECTION FACTORS4.1. Notationv: recorded speed in km/h; m0: mass of prototype in the state defined in paragraph 2.4 of this Annex; m1: mass of prototype with testing apparatus; d0: variation in the distance measured during the impact, as defined in item 3.1 of this Annex; d1: variation in the distance used to determine the results of the test; K1: the greater of (48,3/V)2 and 0,83; K2: the greater of m0/m1 and 0,8. 4.2. The corrected variation D1 used to check the conformity of the prototype with the requirements of  this Directive shall be calculated by the following formula: D1 = D0 . K1 . K24.3. A frontal impact test against a barrier is not needed in the case of a vehicle which is identical  to the prototype considered as regards the characteristics specified in item 2.2 of Annex I but  whose mass m1 is greater than m0, if m1 is not more than 1,25 m0 and if the corrected variation D2  obtained from the variation D1 by the formula D2 = (m1 . D1)/m0 is such as to show that the new  vehicle still meets the requirements of item 5 of Annex I. 5. EQUIVALENT PROCEDURES5.1. Alternative tests may be permitted at the discretion of the approval authority provided equivalence  can be demonstrated. A report shall be attached to the approval documentation describing the method  used and the results obtained or the reason for not carrying out the test. 5.2. Responsibility for demonstrating the equivalence of the alternative method shall rest with the  manufacturer or his representative wishing to use such a method. (;) This recording may be replaced by maximum measurements. ($) 'Horizontally` means with reference to the passenger compartment when the vehicle is immobile  before the test, not in space during movement of the vehicle in relation to the ground, and  vertically is perpendicular to horizontally and upwards.  ANNEX III BODY-BLOCK TEST 1. PURPOSEThe purpose of this test is to verify whether the vehicle meets the requirements set out in  paragraph 5.2 of Annex I. 2. INSTALLATIONS, PROCEDURES AND MEASURING INSTRUMENTS2.1. Mounting of the steering control2.1.1. The control shall be mounted on the front section of the vehicle obtained by cutting the body  transversely at the level of the front seats, and possibly eliminating the roof, windscreen and  doors. This section shall be fixed rigidly to the test bench, so that it does not move under the  impact of the body block. The tolerance on the control mounting angle shall be p 2 degrees of the design angle. 2.1.2. However, at the request of the manufacturer and with the agreement of the technical service, the  steering control may be mounted on a framework simulating the mounting of the steering mechanism  provided that, as compared with the real front body section/steering mechanism assembly, the  framework/steering mechanism assembly has: 2.1.2.1. the same geometrical layout, and2.1.2.2. greater rigidity. 2.1.3. Mounting the stearing control when seeking steering control approval onlyThe steering control  shall be tested complete with trim. The steering control must have a minimum collapsing space of  100 mm between the steering control and the test bench. The steering shaft shall be firmly attached  to the test bench so that the steering shaft does not move under impact. (See Figure 2)2.2. Setting of the steering mechanism for the tests2.2.1. During the first test, the steering control shall be turned so that its most rigid spoke is  perpendicular to the point of contact with the body block; if the steering control is a steering  wheel, the test shall be repeated with the most flexible part of the steering wheel perpendicular  to that point of contact. In the case of an adjustable steering control, both tests shall be made  with the wheel adjusted to the middle position. 2.2.2. If the vehicle is equipped with a device to adjust the slope and position of the steering wheel,  the test shall be performed with the latter in the normal position of use indicated by the  manufacturer and regarded by the laboratory as representative from the standpoint of energy  absorption. 2.2.3. If the steering control is fitted with an air bag the test shall be carried out with the air bag  inflated. At the request of the manufacturer, and with the agreement of the technical service, the  test may be carried out without the air bag inflated. 2.3. Body blockThe body block shall have the shape, dimensions, mass and characteristics shown in the  Appendix to this Annex. 2.4. Measurement of forces2.4.1. Measurements shall be made of the maximum force, acting horizontally and parallel to the  longitudinal axis of the vehicle, applied to the body block as a result of impact against the  steering control. 2.4.2. This force may be measured directly or indirectly or may be calculated from values recorded during  the test. 2.5. Propulsion of the body block2.5.1. Any method of propulsion may be used, provided that when the body block strikes the steering  control it is free from all connection with the propelling device. The body block shall strike this  control after an approximately straight trajectory parallel to the longitudinal axis of the  vehicle. 2.5.2. The H-point of the body block, indicated by a special mark, shall be adjusted so that before the  impact it is in the horizontal plane passing through the R-point as indicated by the manufacturer  of the vehicle. 2.6. SpeedThe body block shall strike the steering control at a speed of 24,1 + 1,2/-0 km/h. However,  if the test has been carried out at a higher impact speed and the control has met the requirements  laid down, the test shall be considered satisfactory. 2.7. Measuring instruments2.7.1. The instrumentation used to record the parameters referred to in paragraph 5.2 of Annex I shall  enable the measurements to be made with the following accuracy: 2.7.1.1. speed of body block: within 2 %; 2.7.1.2. time recording: within 1/1000 second. 2.7.1.3. The beginning of the impact (zero point) at the moment of first contact of the body block with the  steering control shall be identified on the recordings and films used for analysing the results of  the test. 2.7.1.4. Measurement of forceThe instrumentation used shall comply with ISO 6487-1987 unless otherwise  specified in this Directive. 2.7.1.4.1. With load transducers inserted on the steering system: the channel amplitude class shall be 1 960  daN (2 000 kg) and the channel frequency class 600 Hz. 2.7.1.4.2. With accelerometers or load transducers inserted on the body block: Two unidirectional accelerometers shall be placed symmetrically in the transverse plane of the  centre of gravity of the body block. The channel amplitude class shall be 60 g and the channel  frequency class 180 Hz. Other methods with regard to the number and positioning of the measuring  accelerometers shall be allowed, such as by dividing the test apparatus in separate parts at the  centre of gravity of which accelerometers are placed to measure the acceleration horizontally and  parallel to the longitudinal axis of the vehicle. The resultant force shall be the force  corresponding to the maximum of the sum of forces calculated or measured directly for each part of  the body block. 2.8. Ambient temperature: stabilized at 20oC p 5oC. 3. RESULTS3.1. After the test, the damage sustained by the steering mechanism shall be ascertained and described  in a written report; at least one side-view and one front-view photograph of the steering  control/steering column/instrument panel area shall be taken. 3.2. The maximum value of the force shall be measured or calculated as indicated in paragraph 2.4. Appendix BODY BLOCK >START OF GRAPHIC><?aa8N>(Mass: 34 - 36 kg. 50th percentile torso-shaped body  block)<?aeVS1><?Þ><?aa4L"END OF GRAPHIC> ANNEX IV HEAD FORM TEST 1. PURPOSEThe purpose of this test is to verify that the steering control meets the requirements set  out in item 5.3 of Annex I. 2. INSTALLATIONS, PROCEDURES AND MEASURING INSTRUMENTS2.1. General2.1.1. The steering control shall be tested complete with trim. 2.1.2. If the steering control is fitted with an air bag the test shall be carried out with the air bag  inflated. At the request of the manufacturer, and with the agreement of the technical service, the  test may be carried out without the air bag inflated. 2.2. Mounting of the steering control when seeking steering control approval related to vehicle  approval2.2.1. The control shall be mounted on the front section of the vehicle obtained by cutting the body  transversely at the level of the front seats, and possibly eliminating the roof, windscreen and  doors. This section shall be fixed rigidly to the test bench, so that it does not move under the impact of  the head form. The tolerance on the control mounting angle shall be p 2 degrees of the design angle. 2.2.2. However, at the request of the manufacturer and with the agreement of the technical service, the  steering control may be mounted on a framework simulating the mounting of the steering mechanism  provided that, as compared with the real front body section/steering mechanism assembly, the  framework/steering mechanism assembly has: 2.2.2.1. the same geometric layout, and2.2.2.2. greater rigidity. 2.3. Mounting the steering control when seeking steering control approval onlyThe steering control  shall be tested complete with trim. The steering control must have a minimum collapsing space of  100 mm between the steering control and the test bench. The steering shaft shall be firmly attached  to the test bench so that the steering shaft does not move under impact(See Figure 2). 2.3.1. However, at the request of the manufacturer the test may be carried out under the conditions  specified in paragraph 2.2 above. In this case the approval is only valid for mounting on a  specified vehicle type(s). 3. TEST APPARATUS3.1. This apparatus consists of a fully-guided linear impactor with a mass of 6,8 kg. 3.2. The head-form shall be fitted with two accelerometers and a speed-measuring device, all capable of  measuring values in the impact direction. 3.3. Measuring instruments3.3.1. The measuring instruments used shall comply with ISO 6487-1987. In addition they shall have the  following characteristics: 3.3.2. AccelerationChannel amplitude class 150 gChannel frequency class (600) Hz; 3.3.3. SpeedAccurate to within ± 1 %; 3.3.4. Time recordingThe instrumentation shall enable the action to be recorded throughout its duration  and the readings to be made accurate to one thousandth of a second. The beginning of the impact at  the moment of first contact between the impactor and the steering control shall be noted on the  recordings used for analysing the test. 4. TEST PROCEDURE4.1. The plane of the steering control shall be set up perpendicular to the direction of impact. 4.2. A maximum of four and a minimum of three positions on each steering control type shall be impacted.  A new steering control shall be used for each impact. On successive impacts the axial axis of the  impactor shall be in line with one of the following points: 4.2.1. the centre of the steering control boss; 4.2.2. the joint of the stiffest or most supported spoke to the inner edge of the steering control rim; 4.2.3. the mid-point of the shortest unsupported arc of the steering control rim that does not include a  spoke; 4.2.4. at the discretion of the approval authority, the 'worst case` position on the steering control. 4.3. The impactor shall strike the steering control at a velocity of 24,1 km/h; this velocity shall be  achieved either by the mere energy of propulsion or by using an additional propelling device. 5. RESULTS5.1. In the tests carried out according to the above procedures, the deceleration rate of the impactor  shall be taken as the simultaneous average of the readings of the two decelerometers. 6. EQUIVALENT PROCEDURES6.1. Alternative tests may be permitted at the discretion of the approval authority provided equivalence  can be demonstrated. A report shall be attached to the approval documentation describing the method  used and the results obtained. 6.2. Responsibility for demonstrating the equivalence of the alternative method shall rest with the  manufacturer or his representative wishing to use such a method. >START OF GRAPHIC>PRESCRIPTIONS OF RIGIDITY BETWEEN STEERING SHAFT AND TEST BENCH(See Figures 1  and 2)<?aeFN15,>(Figure 1)<?aeFN20,6"END OF GRAPHIC>>START OF GRAPHIC>(Figure 2)<?aeFN18>Under a  load of 800 dN, producing a couple of 160 m.dN in relation to the point B, the displacement in any  <?ss>direction of the point A shall be lower than 2 mm. <?aa4L><?aeVS1><?Þ"END OF GRAPHIC> ANNEX V A ANNEX TO THE EC TYPE-APPROVAL CERTIFICATE FOR A VEHICLE TYPE WITH REGARD TO  THE BEHAVIOUR OF THE STEERING MECHANISM IN THE EVENT OF AN IMPACT (Directive 91/662/EEC, amending  74/297/EEC) (Articles 4 (2) and 10 of 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)   Name of Administration Name of AdministrationEEC type-approval N°  ............................ Extension N° .  1.  Trade name or mark of the motor vehicle .  2.  Vehicle type .  3.  Manufacturer's name and address . .  4.  If applicable, name and address of the manufacturer's representative . . .  5.  Brief description of the steering mechanism and components of the vehicle contributing to the  protection of the driver against the steering mechanism in the event of impact . . . .  6.  Mass of the vehicle during the testfront axle: . rear axle: . total: .  7.  Vehicle submitted for approval test .  8.  Technical service responsible for conducting approval tests . .  9.  Date of report issued by the service . 10.  Number of report issued by that service . 11.  Approval granted/refused (¹)12.  Place . 13.  Date . 14.  Signature . 15.  The following documents, bearing the approval number shown above, can be obtained on request: .......... photographs and/or drawings permitting the identification of the basic type(s) of  vehicle, and if possible variants, which are covered by the approval; .......... test report(s). (¹) Strike out what does not apply.  ANNEX V B ANNEX OF THE EC TYPE-APPROVAL FOR A STEERING CONTROL TYPE WITH REGARD TO THE  PROTECTION OF THE DRIVER AGAINST THE STEERING MECHANISM IN THE EVENT OF IMPACT (Directive  91/662/EEC, amending 74/297/EEC) (Article 9a of 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)   Name of Administration Name of AdministrationEEC type-approval N°  ..................... Extension N° .  1.  Trade name or mark of the steering control type . .  2.  Manufacturer's name and address . .  3.  If applicable, name and address of the manufacturer's representative . . .  4.  Vehicle type(s) to which the control is intended to be fitted . .  5.  Brief description of the steering control for the protection of the driver against the  steering mechanism in the event of impact . . .  6.  Steering control submitted for approval on .  7.  Technical service responsible for conducting approval test .  8.  Date of report issued by the service .  9.  Number of report issued by the service . 10.  Approval granted/refused (¹) . 11.  Place . 12.  Date . 13.  Signature . 14.  The following documents, bearing the approval number shown above, can be obtained on request: .......... photographs and/or drawings permitting the identification of the basic type(s) of  vehicle, and if possible variants, which are covered by the approval; .......... test report(s). (¹) Strike out what does not apply.


title: Commission Directive 2011/80/EU of 20 September 2011 amending Directive 98/8/EC of the European Parliament and of the Council to include lambda-cyhalothrin as an active substance in Annex I thereto  Text with EEA relevance

text:
               21.9.2011

               EN

               Official Journal of the European Union

               L 243/13

         COMMISSION DIRECTIVE 2011/80/EU
   of 20 September 2011
   amending Directive 98/8/EC of the European Parliament and of the Council to include lambda-cyhalothrin as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

               Sweden was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 8 September 2008 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 6 May 2011, in an assessment report.

               (5)

               It appears from the evaluations that biocidal products used as insecticides, acaricides and products to control other arthropods and containing lambda-cyhalothrin may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include lambda-cyhalothrin in Annex I to that Directive.

               (6)

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

               (7)

               In the light of the risks identified for the aquatic and terrestrial ecosystems when products were emitted to a sewage treatment plant, it is appropriate to require that products are not authorised for such uses, unless data are submitted demonstrating that the product will meet the requirements of both Article 5 of and Annex VI to Directive 98/8/EC, if necessary by the application of appropriate risk mitigation measures.

               (8)

               In the light of the risks identified for professional use without personal protective equipment, it is appropriate to require that product authorisations for professional use are granted only for use with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to professional users can be reduced to an acceptable level by others means.

               (9)

               In the light of the possible indirect human exposure via consumption of food as a result of those uses represented in the assessment, it is appropriate to require, where relevant, verification of the need to set new or to amend existing maximum residue levels according to Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council (3) or Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (4). Measures should be adopted ensuring that the applicable maximum residue levels are not exceeded.

               (10)

               The provisions of this Directive should be applied at the same time in all Member States in order to ensure equal treatment on the Union market of biocidal products containing the active substance lambda-cyhalothrin and also to facilitate the proper operation of the biocidal products market in general.

               (11)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I to Directive 98/8/EC, in order to permit Member States and 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.

               (12)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC.

               (13)

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

               (14)

               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 September 2012 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 October 2013.
   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, 20 September 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 123, 24.4.1998, p. 1.

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

      (3)  OJ L 152, 16.6.2009, p. 11.

      (4)  OJ L 70, 16.3.2005, p. 1.

      ANNEX
      In Annex I to Directive 98/8/EC, the following entry is added:

                     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)

                     ‘48

                     lambda-cyhalothrin

                     Reaction mass of (R)-α-cyano-3-phenoxybenzyl (1S,3S)-3-[(Z)-2-chloro-3,3,3-trifluoropropenyl]-2,2-dimethylcyclopropanecarboxylate and (S)-α-cyano-3-phenoxybenzyl (1R,3R)-3-[(Z)-2-chloro-3,3,3-trifluoropropenyl]-2,2-dimethylcyclopropanecarboxylate (1:1)
                     CAS-No: 91465-08-6
                     EC No: 415-130-7

                     900 g/kg

                     1 October 2013

                     30 September 2015

                     30 September 2023

                     18

                     When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, where relevant for the particular product, those uses or exposure scenarios and those risks to human populations and to environmental compartments that have not been representatively addressed in the Union level risk assessment.
                     Products applied in such a way that emission to a sewage treatment plant cannot be prevented shall not be authorised, unless data are submitted demonstrating that the product will meet the requirements of Article 5 and Annex VI, if necessary by the application of appropriate risk mitigation measures.
                     Products authorised for professional use shall be used with appropriate personal protective equipment, unless it can be demonstrated in the application for product authorisation that risks to professional users can be reduced to an acceptable level by other means.
                     For products containing lambda-cyhalothrin that may lead to residues in food or feed, Member States shall verify the need to set new or to amend existing maximum residue levels (MRLs) according to Regulation (EC) No 470/2009 or Regulation (EC) No 396/2005, and take any appropriate risk mitigation measures ensuring that the applicable MRLs are not exceeded.’

         (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


Avis juridique important

|

31986L0084

Council Directive 86/84/EEC of 25 February 1986 amending, on account of the accession of Spain and Portugal, Directive 76/625/EEC concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees

Official Journal L 077 , 22/03/1986 P. 0032 - 0032 Finnish special edition: Chapter 3 Volume 20 P. 0164  Swedish special edition: Chapter 3 Volume 20 P. 0164

*****COUNCIL  DIRECTIVE  of 25 February 1986  amending, on account of the accession of Spain and Portugal, Directive 76/625/EEC concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees  (86/84/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Article 396 thereof,  Having regard to the proposal from the Commission,  Whereas Council Directive 76/625/EEC (1), as last amended by Regulation (EEC) No 3768/85 (2), provided for statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees;  Whereas, on account of the accession of Spain and Portugal, the said Directive should be adapted, in particular to define the Community's financial contribution in respect of expenses incurred by the new Member States for the survey to be conducted in 1987,  HAS ADOPTED THIS DIRECTIVE:  Article 1  With effect from 1 March 1986, Directive 76/625/EEC is hereby amended as follows:  1. In Article 2 (1) (A) the second paragraph shall be replaced by the following:  'The survey relating to peach trees shall be carried out in Italy, France, Greece, Spain, Portugal and Germany only, and in Germany no distinction between varieties shall be made. The survey relating to orange trees shall be carried out in Italy, Greece, Spain and Portugal only.';  2. In Article 10 (1) the following subparagraph shall be added:  'The contribution to the expenses incurred by the Kingdom of Spain and the Portuguese Republic for the survey to be conducted in 1987 shall be entered in the budget of the European Communities up to a maximum of 250 000 ECU for Spain and 70 000 ECU for Portugal.'  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 25 February 1986.  For the Council  The President  G. BRAKS  (1) OJ No L 218, 11. 8. 1976, p. 10.  (2) OJ No L 362, 31. 12. 1985, p. 8.