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31964L0054

Council Directive 64/54/EEC of 5 November 1963 on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption

Official Journal 012 , 27/01/1964 P. 0161 - 0165 Danish special edition: Series I Chapter 1963-1964 P. 0092  English special edition: Series I Chapter 1963-1964 P. 0099  Spanish special edition: Chapter 13 Volume 1 P. 0013  Finnish special edition: Chapter 13 Volume 1 P. 0043  Greek special edition: Chapter 03 Volume 1 P. 0089  Portuguese special edition Chapter 13 Volume 1 P. 0013  Swedish special edition: Chapter 13 Volume 1 P. 0043

COUNCIL DIRECTIVE of 5 November 1963 on the approximation of the laws of the Member States concerning the preservatives authorised for use in foodstuffs intended for human consumption (64/54/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 227 (2) thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 1;  Having regard to the Opinion of the Economic and Social Committee 2;  Whereas all laws relating to the preservatives which may be used in foodstuffs intended for human consumption must give priority to the protection of public health, but the protection of the consumer against falsification, and, so far as health protection allows, economic and technological needs must also be taken into consideration;  Whereas differences between national laws concerning these preservatives hinder the free movement of foodstuffs intended for human consumption and may create conditions of unfair competition, thereby directly affecting the establishment or functioning of the common market;  Whereas the approximation of those laws is necessary for the free movement of foodstuffs intended for human consumption;  Whereas such approximation must, as a first stage, involve the establishment of a single list of preservatives whose use is authorised for the protection of foodstuffs intended for human consumption against deterioration caused by micro-organisms, and the laying down of criteria of purity which those preservatives must satisfy;  Whereas the establishment of the methods of analysis needed to verify that general and specific criteria of purity are satisfied is an implementing measure of a technical nature, and whereas, in order to simplify and speed up procedure, the task of adopting such criteria should be entrusted to the Commission;  Whereas, to take the economic and technological needs of certain Member States into account ; a period should be set during which such Member States may, in respect of preservatives, maintain their existing laws;  Whereas, during a second stage, the Council must decide on the approximation of the laws concerning individual foodstuffs intended for human consumption to which the preservatives listed in the Annex to this Directive may be added, and on the conditions governing the addition of such preservatives;  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall not authorise the use, for the protection of foodstuffs intended for human consumption (hereinafter called "foodstuffs") against deterioration caused by micro-organisms, of any preservatives other than those listed in the Annex to this Directive.   Article 2 1. Member States shall take all measures necessary to ensure that the preservatives for whose use the 1 OJ No 106, 12.7.1963, p. 1923/63.  2 OJ No 161, 27.1.1964, p. 169/64.   Annex lays down certain conditions are used solely in accordance with those conditions.  2. Save as otherwise provided in paragraph 1, this Directive shall not affect provisions of national laws specifying the foodstuffs to which the preservatives listed in the Annex may be added and the conditions governing the addition of such preservatives ; however, such provisions must not have the effect of totally excluding the use in foodstuffs of any of the preservatives listed in the Annex.   Article 3 Member States shall authorise the smoking of certain foodstuffs only in smoke produced from wood or woody plants in the natural state, excluding wood or plants which have been impregnated, coloured, gummed, painted or treated in a similar manner, and provided that such smoking does not create any risk to human health.   Article 4 1. Where the use in foodstuffs of one of the preservatives listed in the Annex, or the level of one or more of the components referred to in Article 7 contained in such preservative, might endanger human health, a Member State may, for a maximum period of one year, suspend the authorisation to use that preservative or reduce the maximum authorised level of one or more of the components in question. It shall inform the other Member States and the Commission thereof within one month.  2. The Council, acting unanimously on a proposal from the Commission, shall decide without delay whether the list given in the Annex should be amended and, if so, adopt by directive the necessary amendments. The Council, acting by a qualified majority on a proposal from the Commission, may also, if necessary, extend for a maximum of one year the period set in the first sentence of paragraph 1.   Article 5 By way of derogation from Article 1, Member States may:    (a) for a period of three years following notification of this Directive, maintain in force the provisions of their national laws relating to the use in foodstuffs of formic acid and its salts, boric acid and its salts, organo-borated compounds and hexamethylene-tetramine;       (b) until 31 December 1965 maintain in force the provisions of their national laws relating to the surface treatment of citrus fruit with diphenyl, orthophenylphenol and sodium orthophenylphenate.          Article 6 This Directive shall not affect the provisions of national laws concerning:    (a) products used as foodstuffs but which may also have preservative properties, for example vinegar, sodium chloride, ethanol, edible oils, and sugars in particular;       (b) nisin;       (c) products used for coating foodstuffs;       (d) products used to protect plants and plant products against harmful organisms;       (e) anti-microbial products used for the treatment of drinking water;       (f) antioxidants.          Article 7 Member States shall take all measures necessary to ensure that the preservatives listed in the Annex and intended for use in foodstuffs satisfy:    (a) the following general criteria of purity:      - they must contain not more than 3 mg/kg of arsenic and not more than 10 mg/kg of lead;           - they must contain not more than 50 mg/kg of copper and zinc taken together, of which the zinc content must not be higher than 25 mg/kg, nor must they contain any measurable trace of toxicologically dangerous elements, in particular other heavy metals, always subject however to any exceptions implicit in the specific criteria referred to in subparagraph (b);                  (b) the specific criteria of purity laid down where appropriate and in accordance with Article 8 (1).          Article 8 1. The Council shall, acting unanimously on a proposal from the Commission, lay down by directive the specific criteria of purity referred to in Article 7 (b).  2. After consulting the Member States, the Commission shall establish by directive the methods of analysis needed to verify that the general and specific criteria referred to in Article 7 are satisfied.    Article 9 1. The Member States shall take all measures necessary to ensure that the preservatives listed in the Annex and intended for use in foodstuffs are placed on the market only if their packagings or containers bear the following information:    (a) the name and address of the manufacturer, or of a seller responsible within the meaning of the laws of the Member State in which he is resident ; a person importing a product from a third country shall be treated as the manufacturer;       (b) the number and name of the preservative as they are given in the Annex;       (c) the words "for foodstuffs (restricted use)";       (d) in the case of a mixture composed of preservatives and other products, the percentage of the preservative and the name of the mixture.         2. If the information required under paragraph 1 appears on the packagings or containers, and if the information required under paragraphs (b) and (c) is given in two of the official languages of the Community, one of Germanic and the other of Latin origin, Member States shall not prohibit the introduction into their territory and the placing on the market of preservatives listed in the Annex solely on the grounds that they consider the labelling inadequate.   Article 10 1. This Directive shall also apply to preservatives intended for use in foodstuffs and to foodstuffs imported into the Community.  2. This Directive shall not apply to preservatives and foodstuffs intended for exportation from the Community.   Article 11 1. Member States shall, within a period of one year following notification of this Directive, amend their laws in accordance with the above provisions and shall forthwith inform the Commission thereof. The laws thus amended shall apply to preservatives and foodstuffs placed on the market in Member States not later than two years after that notification.  2. Where Article 5 (a) is applicable the date of expiry of the period set in that Article shall be substituted for the date of notification referred to in paragraph 1.   Article 12 This Directive shall also apply in the French overseas departments.   Article 13 This Directive is addressed to the Member States.     Done at Brussels, 5 November 1963.  For the Council  The President  J.M.A.H. LUNS   ANNEX >PIC FILE= "T0019379">


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31997L0019

Commission Directive 97/19/EC of 18 April 1997 adapting to technical progress Council Directive 70/221/EEC on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers (Text with EEA relevance)

Official Journal L 125 , 16/05/1997 P. 0001 - 0020

COMMISSION DIRECTIVE 97/19/EC of 18 April 1997 adapting to technical progress Council Directive 70/221/EEC on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/221/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers (1), as last amended by Commission Directive 81/333/EEC (2), and in particular Article 3 thereof,Whereas Directive 70/221/EEC is one of the separate directives in the EC type-approval procedure established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (3), as last amended by Directive 96/79/EC of the European Parliament and of the Council (4); whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to Directive 70/221/EEC;Whereas, in particular, pursuant to Articles 3 (4) and 4 (3) of Directive 70/156/EEC it is necessary that each separate directive has attached to it an information document incorporating the relevant items of Annex I to Directive 70/156/EEC and also a type-approval certificate based on Annex VI to Directive 70/156/EEC in order that type-approval may be computerized;Whereas these amendments relate only to the administrative provisions contained in Directive 70/221/EEC; whereas it is not necessary therefore to invalidate existing approvals pursuant to Directive 70/221/EEC nor to prevent the registration, sale and entry into service of new vehicles covered by such approvals;Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 70/221/EEC is hereby amended as follows:1. Article 1 is replaced by the following:'Article 1For the purposes of this Directive, 'vehicle` means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 kilometres per hour, and its trailers, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery.`;2. Article 2 is amended as follows:(a) in paragraph 2:'within the meaning of Article 9a of Directive 70/156/EEC and installed in accordance with the requirements of item II.5 of the Annex.`is replaced by:'within the meaning of Article 2 of Directive 70/156/EEC and installed in accordance with the requirements set out in item 5 of Annex II.`;(b) in paragraph 3:'within the meaning of Article 9a of Directive 70/156/EEC, satisfies the relevant requirements set out in the Annex.`is replaced by:'within the meaning of Article 2 of Directive 70/156/EEC, satisfies the relevant requirements set out in Annex II`;3. Article 2a is amended as follows:(a) in paragraph 2:'within the meaning of Article 9a of Directive 70/156/EEC and installed in accordance with the requirements set out in item II.5 of the Annex.`is replaced by:'within the meaning of Article 2 of Directive 70/156/EEC and installed in accordance with the requirements set out in item 5 of Annex II`;(b) in paragraph 3, 'Article 9a` is replaced by 'Article 2`;4. in Article 2b, 'items II.2.1 and II.2.2 of the Annex` is replaced by 'items 2.1 and 2.2 of Annex II`;5. in Article 3, 'item I` is replaced by 'Annex I`;6. the Annex is replaced by the Annex to this Directive.Article 2With effect from 1 October 1997, Member States- shall no longer grant EC type-approval pursuant to Article 4 (1) and, if applicable, Article 4 (4) of Directive 70/156/EEC, and- may refuse national type-approval,for a new type of vehicle on grounds relating to liquid fuel tanks and rear underrun protection or, for a new type of a rear underrun protective device as a separate technical unit, if it fails to comply with the provisions of Directive 70/221/EEC, as amended by this Directive.This Directive shall not invalidate any approval previously granted pursuant to Directive 70/221/EEC nor prevent extensions of such approvals under the terms of the Directive under which they were originally granted.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 1997. They shall forthwith inform the Commission thereof.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member State.Done at Brussels, 18 April 1997.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 76, 6. 4. 1970, p. 23.(2) OJ No L 131, 18. 5. 1981, p. 4.(3) OJ No L 42, 23. 2. 1970, p. 1.(4) OJ No L 18, 21. 1. 1997, p. 7.ANNEX I TANKS FOR LIQUID FUEL 1. SCOPE 1.1. This Annex applies to vehicles to which Directive 70/156/EEC applies.2. DEFINITIONS For the purpose of this Directive:2.1. 'Vehicle type with regard to fuel tanks` means vehicles which do not differ essentially in such respects as:2.1.1. the structure, shape, dimensions and materials of the tank(s);2.1.2. the position of the tank(s) in the vehicle (right and/or left, front, rear, centre.2.2. 'Tank` means the tank(s) designed to contain the liquid fuel, as defined in 2.3, used primarily for the propulsion of the vehicle excluding its accessories (filler pipe (if it is a separate element), filler hole, cap, gauge, connections to the engine or to compensate interior excess pressure, etc.).2.3. 'Liquid fuel` means a fuel which is liquid in normal ambient conditions.3. APPLICATION FOR EC TYPE-APPROVAL 3.1. The application for type-approval of a vehicle with regard to its fuel tanks pursuant to Article 3 (4) of Directive 70/156/EEC shall be submitted by the vehicle manufacturer.3.2. A model for the information document is given in Appendix 1.3.3. The following must be submitted to the technical service responsible for conducting the type-approval tests:3.3.1. a vehicle representative of the vehicle type to be approved or the parts of the vehicle which the technical service deems necessary for approval tests.4. GRANTING OF EC TYPE-APPROVAL 4.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4 (3) and, if applicable, Article 4 (4) of Directive 70/156/EEC shall be granted.4.2. A model for the EC type-approval certificate is given in Appendix 2.4.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of vehicle approved. The same Member State shall not assign the same number to another type of vehicle.5. SPECIFICATIONS 5.1. Fuel tanks must be made so as to be corrosion resistant. They must satisfy the leakage tests carried out by the manufacturer at a pressure equal to double the working pressure but in any event not less than 1,3 bars. Any excess pressure or any pressure exceeding the working pressure must be automatically compensated by suitable devices (vents, safety valves, etc.). The vents must be designed in such a way as to prevent any fire risks. The fuel must not escape through the fuel tank cap or through the devices provided to compensate excess pressure, even if the tank is completely overturned: a drip shall be tolerated.5.2. Fuel tanks must be installed in such a way as to be protected from the consequences of an impact to the front or to the rear of the vehicle; there shall be no protruding parts, sharp edges, etc., near the tanks.6. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS 6.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.7. CONFORMITY OF PRODUCTION 7.1. As a general rule, measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.Appendix 1 INFORMATION DOCUMENT No . . . in accordance with Annex I to Directive 70/156/EEC (1*) relating to EC type-approval of a vehicle type with regard to its liquid fuel tanks >START OF GRAPHIC>(Directive 70/221/EEC, as last amended by Directive . . ./. . ./EC)The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.0. GENERAL0.1. Make (trade name of manufacturer):.0.2. Type and general commercial description(s):.0.3. Means of identification of type, if marked on the vehicle (b):.0.3.1. Location of that marking:.0.4. Category of vehicle (c):.0.5. Name and address of the manufacturer:.0.8 Address(es) of assembly plant(s):.1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE1.1. Photographs and/or drawings of a representative vehicle (different body styles only):.3. POWER PLANT (q)3.2.2. Fuel: diesel oil/petrol/LPG/any other (1)3.2.3. Fuel tank(s)3.2.3.1. Service fuel tank(s)3.2.3.1.1. Number, capacity, material:.3.2.3.1.2. Drawing and technical description of the tank(s) with all connections and all lines of the breathing and venting system, locks, valves, fastening devices:..3.2.3.1.3. Drawing showing clearly the position of the tank(s) in the vehicle:.3.2.3.2. Reserve fuel tank(s)3.2.3.2.1. Number, capacity, material:.3.2.3.2.2. Drawing and technical description of the tank(s) with all connections and all lines of the breathing and venting system, locks, valves, fastening devices:..3.2.3.2.3. Drawing showing clearly the position of the tank(s) in the vehicle:..(Date, file)(1) Delete where not applicable.>END OF GRAPHIC>(1*) The item numbers and footnotes used in this information document correspond to those set out in Annex I to Directive 70/156/EEC. Items not relevant for the purpose of this Directive are omitted.Appendix 2 MODEL (maximum format: A4 (210 × 297 mm)) EC TYPE-APPROVAL CERTIFICATE >START OF GRAPHIC>Stamp of administrationCommunication concerning the:- type-approval (1),- extension of type-approval (1),- refusal of type-approval (1),- withdrawal of type-approval (1),of a type of vehicle/component/separate technical unit (1) with regard to Directive . . ./. . ./EEC as last amended by Directive . . ./. . ./EC.Type-approval number: .Reason for extension: .SECTION I0.1. Make (trade name of manufacturer): .0.2. Type and general commercial description(s): .0.3. Means of identification of type, if marked on the vehicle/component/separate technical unit (1) (2):.0.3.1. Location of that marking: .0.4. Category of vehicle (1) (3): .0.5. Name and address of manufacturer: .0.7. In the case of components and separate technical units, location and method of affixing of the EC approval mark: .0.8. Address(es) of assembly plant(s): .SECTION II1. Additional information (where applicable): see Addendum2. Technical service responsible for carrying out the tests: .3. Date of test report: .4. Number of test report: .5. Remarks (if any): see Addendum6. Place: .7. Date: .8. Signature: .9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.(1) Delete where not applicable.(2) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this type-approval certificate, such characters shall be represented in the documentation by the symbol: '?' (e.g. ABC??123??).(3) As defined in Annex II Section A to Directive 70/156/EEC.>END OF GRAPHIC>Addendum to EC type-approval certificate No . . . concerning the type-approval of a vehicle with regard to Directive 70/221/EEC (fuel tanks) as last amended by Directive . . ./. . ./EC >START OF GRAPHIC>1. Additional information1.1. Material: .1.2. Capacity: .1.3. Location(s): .1.4. Fuel: diesel oil/petrol/any other (1)5. Remarks: .(1) Delete where not applicable.>END OF GRAPHIC>ANNEX II REAR UNDERRUN PROTECTION 1. GENERAL Vehicles covered by this Directive must be designed so as to provide effective protection against underrunning from the rear by vehicles of categories M1 and N1 (1).2. DEFINITIONS 2.1. Vehicle type for the purposes of rear underrun protectionThe term 'vehicle type for the purposes of rear underrun protection` means vehicles which do not differ essentially with respect to the following main characteristics:2.1.1. width of the rear axle, structure, dimensions, shape and materials of the rear part of the vehicle in so far as they have a bearing on the requirements of 5.1 to 5.4.5.5;2.1.2. suspension characteristics in so far as they have a bearing on the requirements of 5.1 to 5.4.5.5;2.1.3. type of rear underrun protection device, if fitted.2.2. Type of rear underrun protection deviceThe term 'type of rear underrun protection device` means devices which do not differ essentially with respect to the following main characteristics:2.2.1. shape;2.2.2. dimensions;2.2.3. attachment;2.2.4. materials.3. APPLICATION FOR EC TYPE-APPROVAL 3.1. Application for EC type-approval in respect of a vehicle type3.1.1. Application for EC type-approval pursuant to Article 3 (4) of Directive 70/156/EEC of a vehicle type with regard to rear underrun protection shall be submitted by the vehicle manufacturer.3.1.2. A model for the information document is given in Appendix 1.3.1.3. A vehicle representative of the type to be approved shall be submitted to the technical service responsible for conducting the type-approval tests.3.2. Application for EC type-approval in respect of a rear underrun protective device considered to be a separate technical unit3.2.1. Application for EC type-approval pursuant to Article 3 (4) of Directive 70/156/EEC in respect of a rear underrun protective device considered to be a separate technical unit within the meaning of Article 2 of that Directive shall be submitted by the vehicle manufacturer or the manufacturer of the rear underrun protective device.3.2.2. A model for the information document is given in Appendix 2.3.2.3. One sample of the type of rear underrun protective device to be approved shall be submitted to the technical service conducting the tests. That service may, if it is considered necessary, request a further sample. The samples shall be clearly and indelibly marked with the applicant's trade name or mark and the type designation.4. GRANTING OF EC TYPE-APPROVAL 4.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4 (3) and, if applicable, Article 4 (4) of Directive 70/156/EEC shall be granted.4.2. A model for the EC type-approval certificate is shown in:4.2.1. Appendix 3 for applications referred to in 3.1; and4.2.2. Appendix 4 for applications referred to in 3.2.4.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of vehicle or each type of rear protective device approved. The same Member State shall not assign the same number to another type of vehicle or to another type of rear protective device.5. SPECIFICATIONS 5.1. All vehicles must be so constructed and/or equipped as to offer effective protection over their whole width against underrunning from the rear by a vehicle of categories M1 and N1 (2).5.2. Any vehicle in one of the categories M1, M2, M3, N1, O1 or O2 (3) will be deemed to satisfy the condition set out in 5.1:- if it satisfies the conditions set out in 5.3, or- if the ground clearance of the rear part of the unladen vehicle does not exceed 55 cm over a width which is not shorter than that of the rear axle by more than 10 cm on either side (excluding any tyre bulging close to the ground).Where there is more than one rear axle, the width to be considered is that of the widest.This requirement must be satisfied at least on a line at a distance of not more than 45 cm from the rear extremity of the vehicle.5.3. Any vehicle in one of the categories N2, N3, O3 or O4 (4) will be deemed to satisfy the condition set out in 5.1 provided that:- the vehicle is equipped with a special rear underrun protective device in accordance with the requirements of 5.4, or- the vehicle is so designed and/or equipped at the rear that, by virtue of their shape and characteristics, its component parts can be regarded as replacing the rear underrun protective device. Components whose combined function satisfies the requirements set out in 5.4 are considered to form a rear underrun protective device.5.4. A device for protection against underrunning from the rear, hereinafter referred to as 'device`, generally consists of a cross-member and linking components connected to the chassis side-members or to whatever replaces them.It must have the following characteristics:5.4.1. the device must be fitted as close to the rear of the vehicle as possible. When the vehicle is unladen (5) the lower edge of the device must at no point be more than 55 cm above the ground;5.4.2. the width of the device must at no point exceed the width of the rear axle measured at the outermost points of the wheels, excluding the bulging of the tyres close to the ground, nor must it be more than 10 cm shorter on either side. Where there is more than one rear axle, the width to be considered is that of the widest;5.4.3. the section height of the cross-member must be not less than 10 cm. The lateral extremities of the cross-member must not bend to the rear or have a sharp outer edge; this condition is fulfilled when the lateral extremities of the cross-member are rounded on the outside and have a radius of curvature of not less than 2,5 mm;5.4.4. the device may be so designed that its position at the rear of the vehicle can be varied. In this event, there must be a guaranteed method of securing it in the service position so that any unintentional change of position is precluded. It must be possible for the operator to vary the position of the device by applying a force not exceeding 40 daN;5.4.5. the device must offer adequate resistance to forces applied parallel to the longitudinal axis of the vehicle, and be connected, when in the service position, with the chassis side-members or whatever replaces them.This requirement will be satisfied if it is shown that both during and after the application the horizontal distance between the rear of the device and the rear extremity of the vehicle does not exceed 40 cm at any of the points P1, P2 and P3. In measuring this distance, any part of the vehicle which is more than 3 m above the ground when the vehicle is unladen must be excluded;5.4.5.1. points P1 are located 30 cm from the longitudinal planes tangential to the outer edges of the wheels on the rear axle; points P2, which are located on the line joining points P1, are symmetrical to the median longitudinal plane of the vehicle at a distance from each other of 70 to 100 cm inclusive, the exact position being specified by the manufacturer. The height above the ground of points P1 and P2 must be defined by the vehicle manufacturer within the lines that bound the device horizontally. The height must not, however, exceed 60 cm when the vehicle is unladen. P3 is the centre-point of the straight line joining points P2;5.4.5.2. a horizontal force corresponding to 12,5 % of the maximum technically permissible mass of the vehicle but not exceeding 2,5 × 104N must be applied successively to both points P1 and to point P3;5.4.5.3. a horizontal force corresponding to 50 % of the maximum technically permissible mass of the vehicle but not exceeding 10 × 104 N must be applied successively to both points P2;5.4.5.4. the forces specified in 5.4.5.2 and 5.4.5.3 above must be applied separately. The order in which the forces are applied may be specified by the manufacturer;5.4.5.5. whenever a practical test is performed to verify compliance with the abovementioned requirements, the following conditions must be fulfilled:5.4.5.5.1. the device must be connected to the chassis side-members of the vehicle or to whatever replaces them;5.4.5.5.2. the specified forces must be applied by rams which are suitably articulated (e.g. by means of universal joints) and must be parallel to the median longitudinal plane of the vehicle via a surface not more than 25 cm in height (the exact height must be indicated by the manufacturer) and 20 cm wide, with a radius of curvature of 5 ± 1 mm at the vertical edges; the centre of the surface is placed successively at points P1, P2 and P3.5.5. By way of derogation from the abovementioned requirements, vehicles of the following categories need not comply with the requirements of this Annex as regards rear underrun protection:- tractors for semi-trailers,- 'slung` trailers and other similar trailers for the transport of logs or other very long items,- vehicles for which rear underrun protection is incompatible with their use.6. EC TYPE-APPROVAL MARKING 6.1. Every rear underrun protective device conforming to the type approved pursuant to this Directive as a separate technical unit shall bear an EC type-approval mark.6.2. This mark shall consist of a rectangle surrounding the letter 'e` followed by the distinguishing number or letters of the Member State which has granted type-approval:1 for Germany2 for France3 for Italy4 for the Netherlands5 for Sweden6 for Belgium9 for Spain11 for the United Kingdom12 for Austria13 for Luxembourg17 for Finland18 for Denmark21 for Portugal23 for GreeceIRL for Ireland.It must also include in the vicinity of the rectangle the 'base approval number` contained in Section 4 of the type-approval number referred to in Annex VII of Directive 70/156/EEC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to Directive 70/221/EEC on the date EC type-approval was granted. In this Directive the sequence number is '00`.6.3. The EC type-approval mark must be affixed to the rear underrun protective device in such a way as to be indelible and clearly legible even if the device is fitted to a vehicle.6.4. An example of the EC type-approval mark is shown in Appendix 5.7. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS 7.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.8. CONFORMITY OF PRODUCTION 8.1. As a general rule, measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 to Directive 70/156/EEC.(1) As defined in Annex II Section A to Directive 70/156/EEC.(2) As defined in Annex II Section A to Directive 70/156/EEC.(3) As defined in item 2.6 of Appendix 1.Appendix 1 INFORMATION DOCUMENT No . . . pursuant to Annex I to Directive 70/156/EEC (1*) relating to EC type-approval of a vehicle with respect to the rear underrun protection >START OF GRAPHIC>(Directive 70/221/EEC as last amended by Directive . . ./. . ./EC)The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.0. GENERAL0.1. Make (trade name of manufacturer): .0.2. Type and general commercial description(s): .0.3. Means of identification of type, if marked on the vehicle (b): .0.3.1. Location of that marking: .0.4. Category of vehicle (c): .0.5. Name and address of manufacturer: .0.8. Address(es) of assembly plant(s): .1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE1.1. Photographs and/or drawings of a representative vehicle: .1.5. Material used for the side-members (d): .2. MASSES AND DIMENSIONS (e)(in kg and mm) (refer to drawing where applicable)2.3.3. Width of the widest rear axle: .2.4. Range of vehicle dimensions (overall)2.4.1. For chassis without bodywork2.4.1.2. Width (k): .2.4.2. For chassis with bodywork2.4.2.2. Width (k): .2.6. Mass of the vehicle with bodywork, and with coupling device in the case of a towing vehicle of a category other than M1, in running order, or the mass of the chassis with cab if the manufacturer does not fit the bodywork and/or coupling device (including coolant, oils, fuel, 100 % other liquids except used waters, tools, spare wheel and driver, and, for buses and coaches, the mass of the crew member (75 kg) if there is a crew seat in the vehicle (o) (å): ..2.8. Technically permissible maximum laden mass stated by the manufacturer (y) (maximum and minimum): .9. BODYWORK9.1. Type of bodywork (*): .9.2. Material used and method of construction (*): .9.15. Rear underrun protection9.15.1. Drawings of the vehicle parts relevant to the rear underrun protection, i.e. drawing of the vehicle and/or chassis with position and mounting of the widest rear axle, drawing of the mounting and/or fitting of the rear underrun protection. If the underrun protection is no special device, the drawing must clearly show that the required dimensions are met: .9.15.2. In the case of special device, full description and/or drawing of the rear underrun protection (including mountings and fittings), or, if approved as a separate technical unit, type approval number: ..(Date, file)(*) If applicable, when part of the bodywork forms a part of the rear underrun protection.>END OF GRAPHIC>(1*) The item numbers and footnotes used in this information document correspond to those set out in Annex I to Directive 70/156/EEC. Items not relevant for the purpose of this Directive are omitted.Appendix 2 INFORMATION DOCUMENT No . . . relating to EC type-approval as a separate technical unit with respect of a rear underrun protective device >START OF GRAPHIC>(Directive 70/221/EEC as last amended by Directive . . ./. . ./EC)The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.0. GENERAL0.1. Make (trade name of manufacturer): .0.2. Type and general commercial description(s): .0.5. Name and address of manufacturer: .0.7. In the case of components and separate technical units, location and method of affixing of the EC approval mark: .0.8. Address(es) of assembly plant(s): .1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE(S) on which the device is intended to be fitted in so far as they relate to the rear underrun protection (attach photographs and/or drawings): .1.1. Minimum sum of the moments of inertia about the horizontal axis of the chassis side-members in cross-section: .1.2. Distance between the chassis side-members at the mounting points of the device: ..2. MASS AND DIMENSIONS2.1. Technically permissible maximum laden mass: .3. BODYWORK3.1. Full description and/or drawing of the rear underrun protection device (including mounting and fittings): ..(Date, file)>END OF GRAPHIC>Appendix 3 MODEL (maximum format: A4 (210 × 297 mm)) EC TYPE-APPROVAL CERTIFICATE >START OF GRAPHIC>Stamp of administrationCommunication concerning the:- type-approval (1),- extension of type-approval (1),- refusal of type-approval (1),- withdrawal of type-approval (1),of a type of vehicle/component/separate technical unit (1) with regard to Directive . . ./. . ./EEC as last amended by Directive . . ./. . ./EC.Type-approval number: .Reason for extension: .SECTION I0.1. Make (trade name of manufacturer): .0.2. Type and general commercial description(s): .0.3. Means of identification of type, if marked on the vehicle/component/separate technical unit (1) (2):.0.3.1. Location of that marking: .0.4. Category of vehicle (1) (3): .0.5. Name and address of manufacturer: .0.7. In the case of components and separate technical units, location and method of affixing of the EC approval mark: .0.8. Address(es) of assembly plant(s): .SECTION II1. Additional information (where applicable): see Addendum2. Technical service responsible for carrying out the tests: .3. Date of test report: .4. Number of test report: .5. Remarks (if any): see Addendum6. Place: .7. Date: .8. Signature: .9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.(1) Delete where not applicable.(2) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this type-approval certificate such characters shall be represented in the documentation by the symbol: '?' (e.g. ABC??123??).(3) As defined in Annex II Section A to Directive 70/156/EEC.>END OF GRAPHIC>Addendum to EC type-approval certificate No . . . concerning the type-approval of a vehicle with respect of a rear underrun protective device (Directive 70/221/EEC as last amended by Directive . . ./. . ./EC) >START OF GRAPHIC>1. Additional information1.1. Vehicle category: .1.2. The vehicle is not fitted with a rear underrun protection device (1)1.3. The vehicle is fitted with a rear underrun protection device (1)1.3.1. The device has been approved as a separate technical unit (1)- distance from the ground and from the rear of the vehicle: .- approval mark: .1.3.2. The device has not been approved as a separate technical unit (1)- width, section depth, distance from the ground and from the rear of the vehicle: .- method of affixing: .5. Remarks: .(1) Delete where not applicable.>END OF GRAPHIC>Appendix 4 MODEL (maximum format: A4 (210 × 297 mm)) EC TYPE-APPROVAL CERTIFICATE >START OF GRAPHIC>Stamp of administrationCommunication concerning the- type-approval (1),- extension of type-approval (1),- refusal of type-approval (1),- withdrawal of type-approval (1),of a type of vehicle/component/separate technical unit (1) with regard to Directive . . ./. . ./EEC as last amended by Directive . . ./. . ./EC.Type-approval number: .Reason for extension: .SECTION I0.1. Make (trade name of manufacturer): .0.2. Type and general commercial description(s): .0.3. Means of identification of type, if marked on the vehicle/component/separate technical unit (1) (2):.0.3.1. Location of that marking: .0.4. Category of vehicle (1) (3): .0.5. Name and address of manufacturer: .0.7. In the case of components and separate technical units, location and method of affixing of the EC approval mark: .0.8. Address(es) of assembly plant(s): .SECTION II1. Additional information (where applicable): see Addendum2. Technical service responsible for carrying out the tests: .3. Date of test report: .4. Number of test report: .5. Remarks (if any): see Addendum6. Place: .7. Date: .8. Signature: .9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.(1) Delete where not applicable.(2) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this type-approval certificate such characters shall be represented in the documentation by the symbol '?' (e.g. ABC??123??).(3) As defined in Annex II Section A to Directive 70/156/EEC.>END OF GRAPHIC>Addendum to EC type-approval certificate No . . . concerning the type-approval of a separate technical unit with regard to a rear underrun protective device >START OF GRAPHIC>(Directive 70/221/EEC as last amended by Directive . . ./. . ./EC)1. Additional information1.1. Construction1.1.1. Material: .1.1.2. Method of affixing: .1.1.3. Dimension of the device: .1.2. Maximum technically permissible mass of the vehicle on which the device is to be mounted: ..1.3. Restrictions of the use of the device (if any): .5. Remarks: .>END OF GRAPHIC>Appendix 5 Model for the EC type-approval mark >REFERENCE TO A GRAPHIC>>START OF GRAPHIC>The rear underrun protective device bearing the above EC type-approval mark is a device which has been approved in Spain (e 9) under the base approval 0148 on the basis of this Directive (00).The figures used are only indicative.>END OF GRAPHIC>


Avis juridique important

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31995L0025

Council Directive 95/25/EC of 22 June 1995 amending Directive 64/432/EEC on health problems affecting intra- Community trade in bovine animals and swine

Official Journal L 243 , 11/10/1995 P. 0016 - 0016

COUNCIL DIRECTIVE  95/25/ECof 22 June 1995amending Directive 64/432/EEC on health problems affecting intra-Community  trade in bovine animals and swineTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 3 (3) of Directive 64/432/EEC (4) lays down the conditions to be fulfilled by  bovine animals intended for trade; Whereas with a view to these rules being extended to cover the placing on the market of the said  animals, account should be taken of the improvement in the situation in Member States with regard  to brucellosis and tuberculosis, HAS ADOPTED THIS DIRECTIVE: Article 1The following paragraph (g) shall be added to Article 3 (3) of  Directive 64/432/EEC: '(g) by way of derogation from (a) and (b) above, not be subject to the test requirements laid down  in the said (a) and (b) in the case of bovine animals aged less than 30 months intended for meat  production which: - come from a herd officially tuberculosis-free and officially brucellosis-free, - are identified by a special mark at the time of their dispatch and remain under supervision until  their slaughter, - have not come into contact during transport with bovine animals not coming from herds officially  free from those diseases, and provided that: - these arrangements are restricted to trade between Member States with the same health status with  regard to tuberculosis and brucellosis, - the Member State of destination takes all necessary measures to avoid any contamination of  indigenous herds;'. Article 21. Member States shall bring into force the laws, regulations and administrative  provisions comprising possible sanctions necessary to comply with this Directive not later than 31  December 1995. They shall forthwith inform the Commission thereof. When Member States adopt these provisions, they shall contain a reference to this Directive or  shall be accompanied by such reference on the occasion of their official publication. The methods  of making such a reference shall be laid down by the Member States. 2. Member States shall communicate to the Commission the text of the main provisions of domestic  law which they adopt in the field governed by this Directive. Article 3This Directive shall enter into force on the seventh day following its publication in  the Official Journal of the European Communities. Article 4This Directive is addressed to the Member States. Done at Brussels, 22 June 1995. For the CouncilThe PresidentPh. VASSEUR(1) OJ No C 33, 2. 2. 1994, p. 1. (2) OJ No C 128, 9. 5. 1994, p. 105. (3) OJ No C 133, 16. 5. 1994, p. 31. (4) OJ No 121, 29. 7. 1964, p. 1977. Directive as last amended by the 1994 Act of Accession.


Avis juridique important

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31990L0220

Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms

Official Journal L 117 , 08/05/1990 P. 0015 - 0027 Finnish special edition: Chapter 15 Volume 9 P. 0212  Swedish special edition: Chapter 15 Volume 9 P. 0212

COUNCIL DIRECTIVE of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (90/220/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, under the Treaty, action by the Community relating to the environment should be based on the principle that preventive action should be taken;  Whereas living organisms, whether released into the environment in large or small amounts for experimental purposes or as commercial products, may reproduce in the environment and cross national frontiers thereby affecting other Member States; whereas  the effects of such releases on the environment may be irreversible;  Whereas the protection of human health and the environment requires that due attention be given to controlling risks from the deliberate release of genetically modified organisms (GMOs) into the environment;  Whereas disparity between the rules which are in effect or in preparation in the Member States concerning the deliberate release into the environment of GMOs may create unequal conditions of competition or barriers to trade in products containing such  organisms, thus affecting the functioning of the common market; whereas it is therefore necessary to approximate the laws of the Member States in this respect;  Whereas measures for the approximation of the provisions of the Member States which have as their object the establishment and functioning of the internal market should, inasmuch as they concern health, safety, environmental and consumer protection, be  based on a high level of protection throughout the Community;  Whereas it is necessary to ensure the safe development of industrial products utilizing GMOs;   OJ No C 246, 27. 9. 1989, p. 5.   OJ No C 96, 17. 4. 1990.   Whereas this Directive should not apply to organisms obtained through certain techniques of genetic modification which have conventionally been used in a number of applications and have a long safety record;  Whereas it is necessary to establish harmonized procedures and criteria for the case-by-case evaluation of the potential risks arising from the deliberate release of GMOs into the environment;  Whereas a case-by-case environmental risk assessment should always be carried out prior to a release;  Whereas the deliberate release of GMOs at the research stage is in most cases a necessary step in the development of new products derived from, or containing, GMOs;  Whereas the introduction of GMOs into the environment should be carried out according to the 'step by step' principle; whereas this means that the containment of GMOs is reduced and the scale of release increased gradually, step by step, but only if  evaluation of the earlier steps in terms of protection of human health and the environment indicates that the next step can be taken;  Whereas no product containing, or consisting of, GMOs and intended for deliberate release shall be considered for placing on the market without it first having been subjected to satisfactory field testing at the research and development stage in  ecosystems which could be affected by its use;  Whereas it is necessary to establish a Community authorization procedure for the placing on the market of products containing, or consisting of, GMOs where the intended use of the product involves the deliberate release of the organism(s) into the  environment;  Whereas any person, before undertaking a deliberate release into the environment of a GMO, or the placing on the market of a product containing, or consisting of, GMOs, where the intended use of that product involves its deliberate release into the  environment, shall submit a notification to the national competent authority;  Whereas that notification should contain a technical dossier of information including a full environmental risk assessment, appropriate safety and emergency response, and, in the case of products, precise instructions and conditions for use, and  proposed labelling and packaging;  Whereas, after notification, no deliberate release of GMOs should be carried out unless the consent of the competent authority has been obtained;  Whereas the competent authority should give its consent only after it has been satisfied that the release will be safe for human health and the environment;  Whereas it may be considered appropriate in certain cases to consult the public on the deliberate release of GMOs into the environment;  Whereas it is appropriate for the Commission, in consultation with the Member States, to establish a procedure for the exchange of information on deliberate releases of GMOs notified under this Directive;  Whereas it is important to follow closely the development and use of GMOs; whereas a list should be published of all the products authorized under this Directive;  Whereas, when a product containing a GMO or a combination of GMOs is placed on the market, and where such a product has been properly authorized under this Directive, a Member State may not on grounds relating to matters covered by this Directive,  prohibit, restrict or impede the deliberate release of the organism in that product on its territory where the conditions set out in the consent are respected; whereas a safeguard procedure should be provided in case of risk to human health or the  environment;  Whereas the provisions of this Directive relating to placing on the market of products should not apply to products containing, or consisting of, GMOs covered by other Community legislation which provides for a specific environmental risk assessment  similar to that laid down in this Directive;  Whereas a Committee should be set up to assist the Commission on matters relating to the implementation of this Directive and to its adaptation to technical progress,  HAS ADOPTED THIS DIRECTIVE:   PART A General provisions Article 1 1.  The objective of this Directive is to approximate the laws, regulations and administrative provisions of the Member States and to protect human health and the environment:  - when carrying out the deliberate release of genetically modified organisms into the environment,  - when placing on the market products containing, or consisting of, genetically modified organisms intended for subsequent deliberate release into the environment.  2.  This Directive shall not apply to the carriage of genetically modified organisms by rail, road, inland waterway, sea or air.  Article 2 For the purposes of this Directive:  (1)  'organism' is any biological entity capable of replication or of transferring genetic material;  (2)  'genetically modified organism (GMO)' means an organism in which the genetic material has been altered in a way that does not occur naturally by mating and/or natural recombination.  Within the terms of this definition:  i(i)  genetic modification occurs at least through the use of the techniques listed in Annex I A Part 1;  (ii)  the techniques listed in Annex I A Part 2 are not considered to result in genetic modification;  (3)  'deliberate release' means any intentional introduction into the environment of a GMO or a combination of GMOs without provisions for containment such as physical barriers or a combination of physical barriers together with chemical and/or  biological barriers used to limit their contact with the general population and the environment;  (4)  'product' means a preparation consisting of, or containing, a GMO or a combination of GMOs, which is placed on the market;  (5)  'placing on the market' means supplying or making available to third parties;  (6)  'notification' means the presentation of documents containing the requisite information to the competent authority of a Member State. The person making the presentation shall be referred to as 'the notifier';  (7)  'use' means the deliberate release of a product which has been placed on the market. The persons carrying out this use will be referred to as 'users';  (8)  'environmental risk assessment' means the evaluation of the risk to human health and the environment (which includes plants and animals) connected with the release of GMOs or products containing GMOs.  Article 3 This Directive shall not apply to organisms obtained through the techniques of genetic modification listed in Annex I B.  Article 4 1.  Member States shall ensure that all appropriate measures are taken to avoid adverse effects on human health and the environment which might arise from the deliberate release or placing on the market of GMOs.  2.  Member States shall designate the competent authority or authorities responsible for carrying out the requirements of this Directive and its Annexes.  3.  Member States shall ensure that the competent authority organizes inspections and other control measures as appropriate, to ensure compliance with this Directive.   PART B Deliberate release of GMOs into the environment for research and development purposes or for any other purpose than for placing on the market Article 5 Member States shall adopt the provisions necessary to ensure that:  (1)  any person, before undertaking a deliberate release of a GMO or a combination of GMOs for the purpose of research and development, or for any other purpose than for placing on the market, must submit a notification to the competent authority  referred to in Article 4 (2) of the Member State within whose territory the release is to take place;  (2)  the notification shall include:  (a)  a technical dossier supplying the information specified in Annex II necessary for evaluating the foreseeable risks, whether immediate or delayed, which the GMO or combination of GMOs may pose to human health or the environment, together with the  methods used and the bibliographic reference to them and covering, in particular:  ii(i)  general information including information on personnel and training,  i(ii)  information relating to the GMO(s),  (iii)  information relating to the conditions of release and the receiving environment,  (iv) information on the interactions between the GMO(s) and the environment,  i(v) information on monitoring, control, waste treatment and emergency response plans;  (b)  a statement evaluating the impacts and risks posed by the GMO(s) to human health or the environment from the uses envisaged;  (3)  the competent authority may accept that releases of a combination of GMOs on the same site or of the same GMO on different sites for the same purpose and within a limited period may be notified in a single notification;  (4)  the notifier shall include in the notification information on data or results from releases of the same GMOs or the same combination of GMOs previously or currently notified and/or carried out by him either inside or outside the Community.  The notifier may also refer to data or results from notifications previously submitted by other notifiers, provided that the latter have given their agreement in writing;  (5)  in the case of a subsequent release of the same GMO or combination of GMOs previously notified as part of the same research programme, the notifier shall be required to submit a new notification. In this case, the notifier may refer to data from  previous notifications or results from previous releases;  (6)  in the event of any modification of the deliberate release of GMOs or a combination of GMOs which could have consequences with regard to the risks for human health or the environment or if new information has become available on such risks, either  while the notification is being examined by the competent authority or after that authority has given its written consent, the notifier shall immediately:  (a)  revise the measures specified in the notification,  (b)  inform the competent authority in advance of any modification or as soon as the new information is available,  (c)  take the measures necessary to protect human health and the environment.  Article 6 1.  On receipt and after acknowledgment of the notification the competent authority shall:  - examine it for compliance with this Directive,  - evaluate the risks posed by the release,  - record its conclusions in writing,  and, if necessary,  - carry out tests or inspections as may be necessary for control purposes.  2.  The competent authority, having considered, where appropriate, any comments by other Member States made in accordance with Article 9, shall respond in writing to the notifier within 90 days of receipt of the notification by either:  (a)  indicating that it is satisfied that the notification is in compliance with this Directive and that the release may proceed, or (b)  indicating that the release does not fulfil the conditions of this Directive and the notification is therefore rejected.  3.  For the purpose of calculating the 90-day period referred to in paragraph 2, any periods of time during which the competent authority:  - is awaiting further information which it may have requested from the notifier,  or - is carrying out a public inquiry or consultation in accordance with Article 7 shall not be taken into account.  4.  The notifier may proceed with the release only when he has received the written consent of the competent authority, and in conformity with any conditions required in this consent.  5.  If the competent authority considers that sufficient experience has been obtained of releases of certain GMOs, it may submit to the Commission a request for the application of simplified procedures for releases of such types of GMOs. The Commission  shall, in accordance with the procedures laid down in Article 21, establish appropriate criteria and take a decision accordingly on each application. The criteria shall be based on safety to human health and the environment and on the evidence available  on such safety.  6.  If information becomes available subsequently to the competent authority which could have significant consequences for the risks posed by the release, the competent authority may require the notifier to modify the conditions of, suspend or terminate  the deliberate release.  Article 7 Where a Member State considers it appropriate, it may provide that groups or the public shall be consulted on any aspect of the proposed deliberate release.  Article 8 After completion of a release, the notifier shall send to the competent authority the result of the release in respect of any risk to human health or the environment, with particular reference to any kind of product that the notifier intends  to notify at a later stage.  Article 9 1.  The Commission shall set up a system of exchange of the information contained in the notifications. The competent authorities shall send to the Commission, within 30 days of its receipt, a summary of each notification received. The format of this summary will be established by the Commission in accordance with the procedure laid down in Article 21.  2.  The Commission shall immediately forward these summaries to the other Member States, which may, within 30 days, ask for further information or present observations through the Commission or directly.  3.  The competent authorities shall inform the other Member States and the Commission of the final decisions taken in compliance with Article 6 (2).  PART C Placing on the market of products containing GMOs Article 10 1.  Consent may only be given for the placing on the market of products containing, or consisting of, GMOs, provided that:  - written consent has been given to a notification under Part B or if a risk analysis has been carried out based on the elements outlined in that Part;  - the products comply with the relevant Community product legislation;  - the products comply with the requirements of this Part of this Directive, concerning the environmental risk assessment.  2.  Articles 11 to 18 shall not apply to any products covered by Community legislation which provides for a specific environmental risk assessment similar to that laid down in this Directive.  3.  Not later than 12 months after notification of this Directive, the Commission, in accordance with the procedure laid down in Article 21, shall establish a list of Community legislation covering the products referred to in paragraph 2. This list will  be re-examined periodically and, as necessary, revised in accordance with the said procedure.  Article 11 1.  Before a GMO or a combination of GMOs are placed on the market as or in a product, the manufacturer or the importer to the Community shall submit a notification to the competent authority of the Member State where such a product is to be  placed on the market for the first time. This notification shall contain:  - the information required in Annex II, extended as necessary to take into account the diversity of sites of use of the product, including information on data and results obtained from research and developmental releases concerning the ecosystems which  could be affected by the use of the product and an assessent of any risks for human health and the environment related to the GMOs or a combination of GMOs contained in the product, including information obtained from the research and development stage on the impact of the release on human health and the environment;  - the conditions for the placing on the market of the product, including specific conditions of use and handling and a proposal for labelling and packaging which should comprise at least the requirements laid down in Annex III.  If on the basis of the results of any release notified under Part B of this Directive, or on substantive, reasoned scientific grounds, a notifier considers that the placing on the market and use of a product do not pose a risk to human health and the  environment, he may propose not to comply with one or more of the requirements of Annex III B.  2.  The notifier shall include in this notification information on data or results from releases of the same GMOs or the same combination of GMOs previously or currently notified and/or carried out by the notifier either inside or outside the Community.   3.  The notifier may also refer to data or results from notifications previously submitted by other notifiers, provided that the latter have given their agreement in writing.  4.  Each new product which, containing or consisting of the same GMO or combination of GMOs, is intended for a different use, shall be notified separately.  5.  The notifier may proceed with the release only when he has received the written consent of the competent authority in accordance with Article 13, and in conformity with any conditions, including reference to particular ecosystems/environments,  required in that consent.  6.  If new information has become available with regard to the risks of the product to human health or the environment, either before or after the written consent, the notifier shall immediately:  - revise the information and conditions specified in paragraph 1,  - inform the competent authority, and - take the measures necessary to protect human health and the environment.  Article 12 1.  On receipt and after acknowledgement of the notification referred to in Article 11, the competent authority shall examine it for compliance with this Directive, giving particular attention to the environmental risk assessment and the recommended precautions related to the safe use of the product.  2.  At the latest 90 days after receipt of the notification, the competent authority shall either:  (a)  forward the dossier to the Commission with a favourable opinion, or (b)  inform the notifier that the proposed release does not fulfil the conditions of this Directive and that it is therefore rejected.  3.  In the case referred to in paragraph 2 (a), the dossier forwarded to the Commission shall include a summary of the notification together with a statement of the conditions under which the competent authority proposes to consent to the placing on the  market of the product.  The format of this summary shall be established by the Commission in accordance with the procedure laid down in Article 21.  In particular where the competent authority has acceded to the request of the notifier, under the terms of the last subparagraph of Article 11 (1), not to comply with some of the requirements of Annex III B, it shall at the same time inform the  Commission thereof.  4.  If the competent authority receives additional information pursuant to Article 11 (6), it shall immediately inform the Commission and the other Member States.  5.  For the purpose of calculating the 90-day period referred to in paragraph 2, any periods of time during which the competent authority is awaiting further information which it may have requested from the notifier shall not be taken into account.  Article 13 1.  On receipt of the dossier referred to in Article 12 (3), the Commission shall immediately forward it to the competent authorities of all Member States together with any other information it has collected pursuant to this Directive and  advise the competent authority responsible for forwarding the document of the distribution date.  2.  The competent authority, in the absence of any indication to the contrary from another Member State within 60 days following the distribution date referred to in paragraph 1, shall give its consent in writing to the notification so that the product  can be placed on the market and shall inform the other Member States and the Commission thereof.  3.  In cases where the competent authority of another Member State raises an objection - for which the reasons must be stated - and should it not be possible for the competent authorities concerned to reach an agreement within the period specified in  paragraph 2, the Commission shall take a decision in accordance with the procedure laid down in Article 21.  4.  Where the Commission has taken a favourable decision, the competent authority that received the original notification shall give consent in writing to the notification so that the product may be placed on the market and shall inform the other Member  States and the Commission thereof.  5.  Once a product has received a written consent, it may be used without further notification throughout the Community in so far as the specific conditions of use and the environments and/or geographical areas stipulated in these conditions are  strictly adhered to.  6.  Member States shall take all necessary measures to ensure that users comply with the conditions of use specified in the written consent.  Article 14 Member States shall take all necessary measures to ensure that products containing, or consisting of, GMOs will be placed on the market only if their labelling and packaging is that specified in the written consent referred to in Articles 12  and 13.  Article 15 Member States may not, on grounds relating to the notification and written consent of a deliberate release under this Directive, prohibit, restrict or impede the placing on the market of products containing, or consisting of, GMOs which  comply with the requirements of this Directive.  Article 16 1.  Where a Member State has justifiable reasons to consider that a product which has been properly notified and has received written consent under this Directive constitutes a risk to human health or the environment, it may provisionally  restrict or prohibit the use and/or sale of that product on its territory. It shall immediately inform the Commission and the other Member States of such action and give reasons for its decision.  2.  A decision shall be taken on the matter within three months in accordance with the procedure laid down in Article 21.  Article 17 The Commission shall publish in the Official Journal of the European Communities a list of all the products receiving final written consent under this Directive. For each product, the GMO or GMOs contained therein and the use or uses shall be  clearly specified.  Article 18 1.  Member States shall send to the Commission, at the end of each year, a brief factual report on the control of the use of all products placed on the market under this Directive.  2.  The Commission shall send to the European Parliament and the Council, every three years, a report on the control by the Member States of the products placed on the market under this Directive.  3.  When submitting this report for the first time, the Commission shall at the same time submit a specific report on the operation of this Part of this Directive including an assessment of all its implications.   PART D Final provisions Article 19 1.  The Commission and the competent authorities shall not divulge to third parties any confidential information notified or exchanged under this Directive and shall protect intellectual property rights relating to the data received.  2.  The notifier may indicate the information in the notification submitted under this Directive, the disclosure of which might harm his competitive position, that should therefore be treated as confidential. Verifiable justification must be given in  such cases.  3.  The competent authority shall decide, after consultation with the notifier, which information will be kept confidential and shall inform the notifier of its decisions.  4.  In no case may the following information when submitted according to Articles 5 or 11 be kept confidential:  - description of the GMO or GMOs, name and address of the notifier, purpose of the release and location of release;  - methods and plans for monitoring of the GMO or GMOs and for emergency response;  - the evaluation of foreseeable effects, in particular any pathogenic and/or ecologically disruptive effects.  5.  If, for whatever reasons, the notifier withdraws the notification, the competent authorities and the Commission must respect the confidentiality of the information supplied.  Article 20 According to the procedure laid down in Article 21, the Commission shall adapt Annexes II and III to technical progress in particular by amending the notification requirements to take into account the potential hazard of the GMOs.  Article 21 The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.  The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The  opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.  If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.  Article 22 1.  Member States and the Commission shall meet regularly and exchange information on the experience acquired with regard to the prevention of risks related to the release of GMOs into the environment.  2.  Every three years, Member States shall send the Commission a report on the measures taken to implement the provisions of this Directive, the first time being on 1 September 1992.  3.  Every three years, the Commission shall publish a summary based on the reports referred to in paragraph 2, the first time being in 1993.  Article 23 1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 23 October 1991.  2.  Member States shall immediately inform the Commission of all laws, regulations and administrative provisions adopted in implementation of this Directive.  Article 24 This Directive is addressed to the Member States.   Done at Luxembourg, 23 April 1990.  For the Council The President A. REYNOLDS  (1) OJ No C 198, 28. 7. 1988, p. 19 and (2) OJ No C 158, 26. 6. 1989, p. 225 and(3) OJ No C 23, 30. 1. 1989, p. 45.   ANNEX I A   TECHNIQUES REFERRED TO IN ARTICLE 2 (2) PART 1 Techniques of genetic modification referred to in Article 2 (2) (i) are inter alia:  (1)  recombinant DNA techniques using vector systems as previously covered by Council Recommendation 82/472/EEC (;);  (2)  techniques involving the direct introduction into an organism of heritable material prepared outside the organism including micro-injection, macro-injection and micro-encapsulation;  (3)  cell fusion (including protoplast fusion) or hybridization techniques where live cells with new combinations of heritable genetic material are formed through the fusion of two or more cells by means of methods that do not occur naturally.  PART 2 Techniques referred to in Article 2 (2) (ii) which are not considered to result in genetic modification, on condition that they do not involve the use of recombinant DNA molecules or GMOs, are:  (1)  in vitro fertilization,  (2)  conjugation, transduction, transformation or any other natural process,  (3)  polyploidy induction.    ANNEX I B   TECHNIQUES REFERRED TO IN ARTICLE 3 Techniques of genetic modification to be excluded from this Directive, on condition that they do not involve the use of GMOs as recipient or parental organisms, are:  (1)  mutagenesis,  (2)  cell fusion (including protoplast fusion) of plant cells where the resulting organisms can also be produced by traditional breeding methods. (¹) OJ NO L 213, 21. 7. 1982, p.15.    ANNEX II   INFORMATION REQUIRED IN THE NOTIFICATION The notifications for a deliberate release referred to in Article 5 and for placing on the market referred to in Article 11 must provide the information set out below.  Not all the points included will apply to every case. It is to be expected, therefore, that individual notifications will address only the particular subset of considerations that are appropriate to individual situations. In each case where it is not  technically possible or it does not appear necessary to give the information, the reasons shall be stated.  The level of detail required in response to each subset of considerations is also likely to vary according to the nature and the scale of the proposed release.  The description of the methods used or the reference to standardized or internationally recognized methods shall also be mentioned in the dossier, together with the name of the body or bodies responsible for carrying out the studies.  III.  GENERAL INFORMATION A.  Name and address of the notifier B.  Information on personnel and training (1)  Name of person(s) responsible for planning and carrying out the release including those responsible for supervision, monitoring and safety, in particular, name and qualifications of the responsible scientist;  (2)  Information on training and qualifications of personnel involved in carrying out the release.  III.  INFORMATION RELATING TO THE GMO A.  Characteristics of (a) the donor, (b) the recipient or (c) (where appropriate) parental organism(s):   1.  scientific name;   2.  taxonomy;   3.  other names (usual name, strain name, cultivar name, etc.);   4.  phenotypic and genetic markers;   5.  degree of relatedness between donor and recipient or between parental organisms;   6.  description of identification and detection techniques;   7.  sensitivity, reliability (in quantitative terms) and specificity of detection and identification techniques;   8.  description of the geographic distribution and of the natural habitat of the organism including information on natural predators, preys, parasites and competitors, symbionts and hosts;   9.  potential for genetic transfer and exchange with other organisms;  10.  verification of the genetic stability of the organisms and factors affecting it;  11.  pathological, ecological and physiological traits:  (a)  classification of hazard according to existing Community rules concerning the protection of human health and/or the environment;  (b) generation time in natural ecosystems, sexual and asexual reproductive cycle;  (c) information on survival, including seasonability and the ability to form survival structures e.g.: seeds, spores or sclerotia;  (d) pathogenicity: infectivity, toxigenicity, virulence, allergenicity, carrier (vector) of pathogen, possible vectors, host range including non-target organism. Possible activation of latent viruses (proviruses). Ability to colonize other organisms;  (e) antibiotic resistance, and potential use of these antibiotics in humans and domestic organisms for prophylaxis and therapy;  (f) involvement in environmental processes: primary production, nutrient turnover, decomposition of organic matter, respiration, etc.  12.  Nature of indigenous vectors:  (a) sequence;  (b) frequency of mobilization;  (c) specificity;  (d) presence of genes which confer resistance.  13.  History of previous genetic modifications.  B.  Characteristics of the vector:  1.  nature and source of the vector;  2.  sequence of transposons, vectors and other non-coding genetic segments used to construct the GMO and to make the introduced vector and insert function in the GMO;  3.  frequency of mobilization of inserted vector and/or genetic transfer capabilities and methods of determination;  4.  information on the degree to which the vector is limited to the DNA required to perform the intended function.  C.  Characteristics of the modified organism:  1.  Information relating to the genetic modification:  (a)  methods used for the modification;  (b) methods used to construct and introduce the insert(s) into the recipient or to delete a sequence;  (c) description of the insert and/or vector construction;  (d) purity of the insert from any unknown sequence and information on the degree to which the inserted sequence is limited to the DNA required to perform the intended function;  (e) sequence, functional identity and location of the altered/inserted/deleted nucleic acid segment(s) in question with particular reference to any known harmful sequence.  2.  Information on the final GMO:  (a) description of genetic trait(s) or phenotypic characteristics and in particular any new traits and characteristics which may be expressed or no longer expressed;  (b) structure and amount of any vector and/or donor nucleic acid remaining in the final construction of the modified organism;  (c) stability of the organism in terms of genetic traits;  (d) rate and level of expression of the new genetic material. Method and sensitivity of measurement;  (e) activity of the expressed protein(s);  (f) description of identification and detection techniques including techniques for the identification and detection of the inserted sequence and vector;  (g) sensitivity, reliability (in quantitative terms) and specificity of detection and identification techniques;  (h) history of previous releases or uses of the GMO;  (i) health considerations:  ii(i)  toxic or allergenic effects of the non-viable GMOs and/or their metabolic products;  i(ii)  product hazards;  (iii)  comparison of the modified organism to the donor, recipient or (where appropriate) parental organism regarding pathogenicity;  (iv)  capacity for colonization;  i(v)  if the organism is pathogenic to humans who are immunocompetent - diseases caused and mechanism of pathogenicity including invasiveness and virulence,  - communicability,  - infective dose,  - host range, possibility of alteration,  - possibility of survival outside of human host,  - presence of vectors or means of dissemination,  - biological stability,  - antibiotic-resistance patterns,  - allergenicity,  - availability of appropriate therapies.  III.  INFORMATION RELATING TO THE CONDITIONS OF RELEASE AND THE RECEIVING ENVIRONMENT A.  Information on the release:   1.  description of the proposed deliberate release, including the purpose(s) and foreseen products;   2.  foreseen dates of the release and time planning of the experiment including frequency and duration of releases;   3.  preparation of the site previous to the release;   4.  size of the site;   5.  method(s) to be used for the release;   6.  quantities of GMOs to be released;   7.  disturbance on the site (type and method of cultivation, mining, irrigation, or other activities);   8.  worker protection measures taken during the release;   9.  post-release treatment of the site;  10.  techniques foreseen for elimination or inactivation of the GMOs at the end of the experiment;  11.  information on, and results of, previous releases of the GMOs, especially at different scales and in different ecosystems.  B.  Information on the environment (both on the site and in the wider environment):   1.  geographical location and grid reference of the site(s) (in case of notifications under Part C the site(s) of release will be the foreseen areas of use of the product);   2.  physical or biological proximity to humans and other significant biota;   3.  proximity to significant biotopes or protected areas;   4.  size of local population;   5.  economic activities of local populations which are based on the natural resources of the area;   6.  distance to closest areas protected for drinking water and/or environmental purpose;   7.  climatic characteristics of the region(s) likely to be affected;   8.  geographical, geological and pedological characteristics;   9.  flora and fauna, including crops, livestock and migratory species;  10.  description of target and non-target ecosystems likely to be affected;  11.  a comparison of the natural habitat of the recipient organism with the proposed site(s) of release;  12.  any known planned developments or changes in land use in the region which could influence the environmental impact of the release.  IV.  INFORMATION RELATING TO THE INTERACTIONS BETWEEN THE GMOs AND THE ENVIRONMENT A.  Characteristics affecting survival, multiplication and dissemination:  1.  biological features which affect survival, multiplication and dispersal;  2.  known or predicted environmental conditions which may affect survival, multiplication and dissemination (wind, water, soil, temperature, pH, etc.);  3.  sensitivity to specific agents.  B.  Interactions with the environment:  1.  predicted habitat of the GMOs;  2.  studies of the behaviour and characteristics of the GMOs and their ecological impact carried out in simulated natural environments, such as microcosms, growth rooms, greenhouses;  3.  genetic transfer capability:  (a)  post-release transfer of genetic material from GMOs into organisms in affected ecosystems;  (b)  post-release transfer of genetic material from indigenous organisms to the GMOs;  4.  likelihood of post-release selection leading to the expression of unexpected and/or undesirable traits in the modified organism;  5.  measures employed to ensure and to verify genetic stability. Description of genetic traits which may prevent or minimize dispersal of genetic material. Methods to verify genetic stability;  6.  routes of biological dispersal, known or potential modes of interaction with the disseminating agent, including inhalation, ingestion, surface contact, burrowing, etc.;  7.  description of ecosystems to which the GMOs could be disseminated.  C.  Potential environmental impact:  1.  potential for excessive population increase in the environment;  2.  competitive advantage of the GMOs in relation to the unmodified recipient or parental organism(s);  3.  identification and description of the target organisms;  4.  anticipated mechanism and result of interaction between the released GMOs and the target organism;  5.  identification and description of non-target organisms which may be affected unwittingly;  6.  likelihood of post-release shifts in biological interactions or in host range;  7.  known or predicted effects on non-target organisms in the environment, impact on population levels of competitors: preys, hosts, symbionts, predators, parasites and pathogens;  8.  known or predicted involvement in biogeochemical processes;  9.  other potentially significant interactions with the environment.  IV.  INFORMATION ON MONITORING, CONTROL, WASTE TREATMENT AND EMERGENCY RESPONSE PLANS A.  Monitoring techniques:  1.  methods for tracing the GMOs, and for monitoring their effects;  2.  specificity (to identify the GMOs, and to distinguish them from the donor, recipient or, where appropriate, the parental organisms), sensitivity and reliability of the monitoring techniques;  3.  techniques for detecting transfer of the donated genetic material to other organisms;  4.  duration and frequency of the monitoring.  B.  Control of the release:  1.  methods and procedures to avoid and/or minimize the spread of the GMOs beyond the site of release or the designated area for use;  2.  methods and procedures to protect the site from intrusion by unauthorized individuals;  3.  methods and procedures to prevent other organisms from entering the site.  C.  Waste treatment:  1.  type of waste generated;  2.  expected amount of waste;  3.  possible risks;  4.  description of treatment envisaged.  D.  Emergency response plans:  1.  methods and procedures for controlling the GMOs in case of unexpected spread;  2.  methods for decontamination of the areas affected, e.g. eradication of the GMOs;  3.  methods for disposal or sanitation of plants, animals, soils, etc. that were exposed during or after the spread;  4.  methods for the isolation of the area affected by the spread;  5.  plans for protecting human health and the environment in case of the occurrence of an undesirable effect.    ANNEX III   ADDITIONAL INFORMATION REQUIRED IN THE CASE OF NOTIFICATION FOR PLACING ON THE MARKET A.  The following information shall be provided in the notification for placing on the market of products, in addition to that of Annex II:  1.  name of the product and names of GMOs contained therein;  2.  name of the manufacturer or distributor and his address in the Community;  3.  specificity of the product, exact conditions of use including, when appropriate, the type of environment and/or the geographical area(s) of the Community for which the product is suited;  4.  type of expected use: industry, agriculture and skilled trades, consumer use by public at large.  B.  The following information shall be provided, when relevant, in addition to that of point A, in accordance with Article 11 of this Directive:  1.  measures to take in case of unintended release or misuse;  2.  specific instructions or recommendations for storage and handling;  3.  estimated production in and/or imports to the Community;  4.  proposed packaging. This must be appropriate so as to avoid unintended release of the GMOs during storage, or at a later stage;  5.  proposed labelling. This must include, at least in summarized form, the information referred to in points A. 1, A. 2, A. 3, B. 1 and B. 2.


title: Commission Directive 2009/19/EC of 12 March 2009 amending, for the purposes of its adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles (Text with EEA relevance)

text:
               14.3.2009

               EN

               Official Journal of the European Union

               L 70/17

      COMMISSION DIRECTIVE 2009/19/EC
   of 12 March 2009
   amending, for the purposes of its adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (1), and in particular Article 39(2) thereof,
   Whereas:

               (1)

               Council Directive 72/245/EEC of 20 June 1972 relating to the radio interference (electromagnetic compatibility) of vehicles (2) is one of the separate Directives in the context of the EC type-approval procedure established under 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 (3). The provisions of Directive 70/156/EEC relating to systems, components and separate technical units for vehicles therefore apply to Directive 72/245/EEC.

               (2)

               According to point 3.2.9 of Annex I to Directive 72/245/EEC components sold as aftermarket equipment and intended for the installation in motor vehicles do not need type-approval if they are not related to immunity related functions. A transition period of four years starting on 3 December 2004, is provided for, during which a technical service has to determine if the component to be placed on the market is immunity related or not and has to issue an attestation as according to the example shown in Annex III C. Member States are required to report any cases of refusals on safety grounds to the European Commission. That provision requires the Commission to decide, based on the practical experience with that requirement and based on the reports submitted by Member States, before the end of the transition period, if that attestation should still be required in addition to the Declaration of Conformity.

               (3)

               As foreseen in point 3.2.9 of Annex I to Directive 72/245/EEC and having regard to the fact that the European Commission has not received any reports from Member States concerning cases of refusal of attestation, it is now proposed to abolish the involvement of the technical service in the case of components sold as aftermarket equipment and intended for installation in motor vehicles, if they are not related to immunity related functions, and to no longer require the attestation in accordance to the example given in Annex III C, as set out in point 3.2.9 of Annex I.

               (4)

               Directive 72/245/EEC should therefore be amended accordingly.

               (5)

               The measures provided for in this Directive are in accordance with the opinion of the Technical Committee — Motor Vehicles,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 72/245/EEC is amended as follows:

               1.

               In the list of Annexes the following reference to Annex III C is deleted:

                           ‘ANNEX III C

                           Model of attestation with regard to Annex I, 3.2.9.’

               2.

               In Annex I, in point 3.2.9, the second subparagraph is deleted.

               3.

               Annex III C is deleted.

         Article 2
   1.   Member States shall adopt and publish, by 1 October 2009, at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 2 October 2009.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 12 March 2009.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 263, 9.10.2007, p. 1.

      (2)  OJ L 152, 6.7.1972, p. 15.

      (3)  OJ L 42, 23.2.1970, p. 1.