Avis juridique important

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31991L0072

Commission Directive 91/72/EEC of 16 January 1991 amending Council Directive 79/112/EEC in respect of the designation of flavourings in the list of ingredients on the labels of foodstuffs

Official Journal L 042 , 15/02/1991 P. 0027 - 0028 Finnish special edition: Chapter 15 Volume 10 P. 0047  Swedish special edition: Chapter 15 Volume 10 P. 0047

COMMISSION DIRECTIVE  of 16 January 1991  amending Council Directive 79/112/EEC in respect of the designation of flavourings in the list of ingredients on the labels of foodstuffs  (91/72/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer, (1) as last amended by  Directive 89/395/EEC (2), and in particular the third indent of Article 6 (5) (b) thereof,  Whereas differences in national laws on the manner of designating flavourings among the ingredients listed on the labels of foodstuffs may impede free trade in these products and create unequal conditions of competition;  Whereas any provisions on the labelling of foodstuffs must be geared to the requirements of consumer information and protection;  Whereas the term 'natural' or any other word having substantially the same meaning should therefore be protected;  Whereas these terms have been defined in Article 9 (2) of Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production (3);   Whereas it has become necessary to extend this definition to the labelling of foodstuffs;  Whereas in accordance with the procedure laid down in Article 17 of Council Directive 79/112/EEC a draft of the measures to be taken was submitted to the Standing Committee for Foodstuffs which was unable to express an opinion; whereas under the same  procedure, the Commission consequently submitted to the Council a proposal relating to the measures to be taken;  Whereas since the Council had not adopted any measures by the end of the three months it was given, the Commission must adopt the proposed measures,  HAS ADOPTED THIS DIRECTIVE:    Article 1  Directive 79/112/EEC shall be amended as follows:  1. The third indent of Article 6 (5) (b) shall be replaced by the following:  - 'flavourings shall be designated in accordance with Annex III to this Directive.'  2. The following Annex III shall be added:  'ANNEX III  Designation of flavourings in the list of ingredients  1. Flavourings shall be designated either by the word "flavouring(s)" or by a more specific name or description of the flavouring.  2. The word "natural" or any other word having substantially the same meaning may be used only for flavourings in which the flavouring component contains exclusively flavouring substances as defined in Article 1 (2) (b) (i) and/or flavouring  preparations as defined in Article 1 (2) (c) of Directive 88/388/EEC on flavourings.  3. If the name of the flavouring contains a reference to the vegetable or animal nature or origin of the incorporated substances, the word "natural" or any other word having substantially the same meaning may not be used unless the flavouring component  has been isolated by appropriate physical processes, enzymatic or microbiological processes or traditional food-preparation processes solely or almost solely from the foodstuff or the flavouring source concerned.'  Article 2  1. Member States shall, where necessary, amend their laws, regulations and administrative provisions in such a way as to:  - permit trade in products complying with this Directive at the latest by 30 June 1992;  - prohibit trade in products not complying with this Directive with effect from 1 January 1994.  They shall forthwith inform the Commission thereof.  2. All such provisions adopted by the Member States shall contain a reference to this Directive or shall be accompanied by such a reference at the time of official publication. The detailed rules on this reference shall be adopted by the Member States.  Article 3  This Directive is addressed to the Member States.   Done at Brussels, 16 January 1991. For the Commission  Martin BANGEMANN  Vice-President   (1) OJ No L 33, 8. 2. 1979, p. 1. (2) OJ No L 186, 30. 6. 1989, p. 17. (3) OJ No L 184, 15. 7. 1988, p. 61.


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31998L0090

Commission Directive 98/90/EC of 30 November 1998 adapting to technical progress Council Directive 70/387/EEC relating to the doors of motor vehicles and their trailers (Text with EEA relevance)

Official Journal L 337 , 12/12/1998 P. 0029 - 0039

COMMISSION DIRECTIVE 98/90/EC of 30 November 1998 adapting to technical progress Council Directive 70/387/EEC relating to the doors 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 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to type-approval of motor vehicles and their trailers (1), as last amended by Commission Directive 98/14/EC (2), and in particular Article 13(2) thereof,Having regard to Council Directive 70/387/EEC of 27 July 1970 on the approximation of the laws of the Member States relating to the doors of motor vehicles and their trailers (3), as amended by the Act of Accession of Denmark, Ireland and the United Kingdom, and in particular Article 3 thereof,Whereas Directive 70/387/EEC is one of the separate Directives of the EC type-approval procedure established by Directive 70/156/EEC; whereas consequently the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to the present Directive;Whereas it is possible further to adapt Directive 70/387/EEC to technical progress by improving safety of persons entering and leaving the driver's compartment of some heavy goods vehicles;Whereas, in particular, Article 3(4) and Article 4(3) of Directive 70/156/EEC necessitate that each separate Directive has attached to it an information document incorporating the relevant items referred to in Annex I to that Directive and also a type-approval certificate based on Annex VI thereto in order that type-approval may be computerised;Whereas with a view to the practical application of Directive 70/387/EEC, it is necessary to ensure that uniform provisions exist in all Member States;Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the adaption to technical progress established by Directive 70/156/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 70/387/EEC is amended as follows:1. In Article 1, the words 'agricultural tractors` are replaced by 'agricultural and forestry tractors` and the words 'machinery and public works vehicles` are replaced by 'all mobile machinery`.2. The Annexes are amended in accordance with the Annex to this Directive.Article 2 1. With effect from l January 1999 Member States may not on grounds relating to vehicle doors:- refuse, in respect of a type of vehicle, to grant EC type-approval or national type-approval,or- prohibit the sale, registration, entry into service of vehicles,if the vehicles comply with the requirements of Directive 70/387/EEC, as amended by this Directive.2. With effect from l October 2000 Member States:- shall no longer grant EC type-approval,and- may refuse to grant national type-approvalfor a new type of vehicle on grounds relating to vehicle doors if the requirements of Directive 70/387/EEC, as amended by this Directive, are not fulfilled.Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1998 at the latest. They shall forthwith inform the Commission thereof.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 4 This Directive shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 30 November 1998.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 42, 23. 2. 1970, p. 1.(2) OJ L 91, 25. 3. 1998, p. 1.(3) OJ L 176, 10. 8. 1970, p. 5.ANNEX 1. The following list of Annexes is inserted before the Annexes to Directive 70/387/EEC:>TABLE>2. Annex I is replaced by the following:'ANNEX ISCOPE, DEFINITIONS, GENERAL REQUIREMENTS, APPLICATION FOR EC TYPE-APPROVAL, GRANTING OF EC TYPE-APPROVAL, MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS, CONFORMITY OF PRODUCTION1. SCOPE1.1. This Directive applies to the doors of motor vehicles of categories M1 and N (1).2. DEFINITIONSFor the purpose of this Directive:2.1. "approval of a vehicle", means the approval of a vehicle type with regard to its doors and to the characteristics applicable to such doors;2.2. "vehicle type", means vehicles which do not differ essentially with respect to the following main characteristics:- design and strength characteristics of the latches and hinges as regards the vehicles mentioned in Annex II,- construction and fitting requirements of the running boards and steps as regards vehicles not covered by Annex III,- position and geometrical characteristics of the access steps and the handholds as regards vehicles mentioned in Annex III,in so far as these characteristics have a bearing on the requirements of this Directive.3. GENERAL REQUIREMENTS3.1. Design3.1.1. The design characteristics of the vehicle must permit entry to and exit from it in perfect safety.3.1.2. Vehicles of category N2 with a maximum mass exceeding 7,5 tonnes and N3 are deemed to satisfy the abovementioned requirements if they comply with the prescriptions of Annex III.3.2. Doors, entries and exits3.2.1. Doors, entries and exits must be such that they can be used easily and without danger.3.3. Doors and latches3.3.1. Doors and latches must be designed in such a way that any irritating noise on closing may be avoided.3.3.2. Door latches must be designed in such a way as to prevent the doors from opening accidentally.3.4. Latches and hinges (construction and fitting requirements)3.4.1. The hinges of hinge-mounted doors (with the exception of folding doors), when fitted to the sides of the vehicles, must be fixed at the front edge of the doors in the direction of forward travel. In the case of double doors, these requirements apply to the door wing which opens first; it must be possible to bolt the other wing of the door.3.4.2. The latches and hinges of the side doors of vehicles of category M1 must satisfy the requirements set out in Annex II to this Directive.3.5. Running boards and steps (construction and fitting requirements)3.5.1. The wheel hub, rims and other parts of the wheel shall not be deemed to be running boards or steps for the purpose of this Directive, except where reasons relating to construction or use preclude the fitting of running boards or steps elsewhere on the vehicle.3.5.2. In vehicles of categories M1, N1 and N2 with a maximum mass not exceeding 7,5 tonnes if the floor entrance to the passenger compartment of such vehicles is more than 600 mm above the ground, the vehicle must have one or more running boards or steps.3.5.2.1. However, for off-road vehicles, as defined in Annex IIA to Directive 70/156/EEC, such a distance from the ground may be increased up to 700 mm.3.5.2.2. The running boards or steps must be constructed in such a way as to preclude the risk of slipping.4. APPLICATION FOR EC TYPE-APPROVAL4.1. The application for EC type-approval of a vehicle type with respect to the doors shall be submitted by the vehicle manufacturer.4.2. A model for the information document is given in Appendix 1.4.3. A vehicle representative of the type to be approved must be submitted to the technical service responsible for type-approval tests.5. GRANTING OF EC TYPE-APPROVAL5.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4(3) of Directive 70/156/EEC shall be granted.5.2. A model for the EC type-approval certificate is given in Appendix 2.5.3. 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.6. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS6.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.7. CONFORMITY OF PRODUCTION7.1. Measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.Appendix 1INFORMATION DOCUMENT No. . . pursuant to Annex I to Council Directive 70/156/EEC (*) relating to EEC type-approval of a vehicle with respect to the doors (Directive 70/387/EEC, as amended by Directive . . ./. . ./EC) >START OF GRAPHIC>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 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: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:9. BODYWORK9.2. Materials used and methods of construction:9.3. Occupant doors, latches and hinges:9.3.1. Door configuration and number of doors:9.3.1.1. Dimensions, direction and maximum angle of opening:9.3.2. Drawing of latches and hinges and of their position in the doors:9.3.3. Technical description of latches and hinges:9.3.4. Details (including dimensions) of entrances, steps and necessary handles where applicable:(*) 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.Additional information in the case of off-road vehicles1.3. Number of axles and wheels:1.3.3. Powered axles (number, position, interconnection):2.4.1. For chassis without bodywork2.4.1.4.1. Approach angle (na):2.4.1.5.1. Departure angle (nb):2.4.1.6. Ground clearance (as defined in paragraph 4.5 of section A of Annex II to Directive 70/156/EEC):2.4.1.6.1. between the axles:2.4.1.6.2. under the front axle(s):2.4.1.6.3. under the rear axle(s):2.4.1.7. Ramp angle (nc):2.4.2. For chassis with bodywork2.4.2.4.1. Approach angle (na):2.4.2.5.1. Departure angle (nb):2.4.2.6. Ground clearance (as defined in paragraph 4.5 of section A of Annex II to Directive 70/156/EEC):2.4.2.6.1. between the axles:2.4.2.6.2. under the front axle(s):2.4.2.6.3. under the rear axle(s):2.4.2.7. Ramp angle (nc):2.15. Hill-starting ability (solo vehicle):4.9. Differential lock: yes/no/optional (1)(1) Delete where not applicable.>END OF GRAPHIC>Appendix 2MODEL(maximum format: A4 (210 × 297 mm))EC TYPE-APPROVAL CERTIFICATE >START OF GRAPHIC>Stamp of administrationCommunication concerning the- type-approval (1)- extension of type-approval (1)- refusal of type-approval (1)- withdrawal of type-approval (1)of a type of a vehicle/component/separate technical unit (1) with regard to Directive 70/387/EEC, as amended by Directive . . . / . . . /EC.Type-approval number:Reason for extension:SECTION I0.1. Make (trade name of manufacturer):0.2. Type: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 the affixing of the EEC approval mark:0.8. Address(es) of assembly plant(s):(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 IIA to Directive 70/156/EEC.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.Addendum to EC type-approval certificate No . . .concerning the type approval of a vehicle with regard to Directive 70/387/EEC as amended by Directive . . . / . . . /EC1. Additional information1.1. Occupant door configuration(s):1.2. Method of opening:1.3. Latch-opening method:5. Remarks: `>END OF GRAPHIC>(1) As defined in Annex IIA to Directive 70/156/EEC.3. Annex II is amended as follows:(a) in the heading, the words 'PRIVATE CARS` are replaced by 'VEHICLES OF CATEGORY M1`;(b) in point 1.1, the word 'Directive` is replaced by 'Annex`.4. The following Annex III is added:'ANNEX IIIREQUIREMENTS CONCERNING THE ACCESS TO AND EXIT FROM THE DOORS OF THE DRIVER'S COMPARTMENT OF VEHICLES OF CATEGORY N2 HAVING A MAXIMUM MASS EXCEEDING 7,5 TONNES AND OF CATEGORY N31. Access steps to the driver's compartment (see figure)1.1. The distance (A) from the ground to the upper surface of the lowest step, measured with the vehicle in running order on a horizontal and flat surface, shall not be more than 600 mm.1.1.1. However, for off-road vehicles, as defined in Annex IIA to Directive 70/156/EEC, that distance (A) may be increased up to 700 mm.1.2. The distance (B) between the upper surfaces of the steps shall be not more than 400 mm. The vertical distance between two subsequent steps shall not vary by more than 50 mm.1.2.1. However, for off-road vehicles (see 1.1.1), this latter figure may be increased up to 100 mm.1.3. In addition, the following minimum geometrical specifications shall be fulfilled:>TABLE>1.3.1. However, for off-road vehicles (see 1.1.1), the value (F) may be reduced to 200 mm.1.4. The lowest step may be designed as a rung, if this is necessary for reasons relating to construction or use, and in the case of off-road vehicles (see 1.1.1). In such case the rung depth (R) shall be at least 20 mm.1.4.1. Rungs of round cross section are not permitted.1.5. While getting down from the driver's compartment the position of the uppermost step shall be easily found out.1.6. The upper surface of the steps shall be non-slip. In addition, steps exposed to the weather and the dirt during driving shall have adequate run-off (draining surface).2. Access to handholds to the driver's compartment (see figure)2.1. One or more suitable handrails and handholds or other equivalent holding devices shall be provided for the access to the driver's compartment.2.1.1. The handrail(s) or handholds or equivalent holding devices must be positioned in such a way that they can be easily grasped and do not obstruct access.2.1.2. A maximum discontinuity of 100 mm in the holding area of the handrails or handholds or equivalent holding devices may be allowed (for instance intermediate fixation).2.1.3. In the case of access with more than two steps the handrails, handholds or equivalent holding devices shall be located so that a person may support himself at the same time at three points (with two hands and one foot or with two feet and one hand).2.1.4. Except in the case of a stairway, the design and positioning of the handrails, handholds and equivalent holding devices must be such that operators are encouraged to descend facing the cab.2.1.5. The steering wheel may be considered as a handhold.2.2. The height (N) of the lower edge of at least one handrail or handhold or equivalent holding device, measured from the ground with the vehicle in running order on a horizontal and flat surface, shall not be more than 1 850 mm.2.2.1. However, for off-road vehicles (see 1.1.1), such distance (N) may be increased up to 1 950 mm.2.2.2. If the floor of the driver's compartment has a height from the ground greater than "N", this height shall be assumed as "N".2.2.3. In addition, the minimum distance "P" of the upper edge of the handrail(s) or handholds or equivalent holding devices from the uppermost step (floor of the driver's compartment) shall be:- handrail(s) or handholds or equivalent holding devices (U) 650 mm,- handrail(s) or handholds or equivalent holding devices (V) 550 mm.2.3. The following geometrical specifications shall be fulfilled:>TABLE>>REFERENCE TO A FILM>3. In the case of a sloped floor of the driver's compartment the required measurements shall be made from a horizontal plane passing through a point which is given by the intersection of the front edge of the floor with a vertical plane through the centre of the step immediately below and which is perpendicular to the longitudinal medium plane of the vehicle.`


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32000L0030

Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community

Official Journal L 203 , 10/08/2000 P. 0001 - 0008

Directive 2000/30/EC of the European Parliament and of the Councilof 6 June 2000on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the CommunityTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) and (d) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The growth of traffic presents all Member States with safety and environmental problems of a similar nature and seriousness.(2) It is in the interest of road safety, environmental protection and equitable competition that commercial vehicles should be used only if they are maintained to a high degree of technical roadworthiness.(3) In accordance with Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers(4), commercial vehicles undergo an inspection by an authorised body every year.(4) Article 4 of Directive 94/12/EC(5) provides for a multi-directional approach to the cost/effectiveness aspects of the measures intended to reduce the pollution caused by road transport; whereas the European "Auto-oil I" programme incorporated that approach and gave an objective assessment of all the most profitable measures in the fields of vehicle technology, fuel quality, monitoring and maintenance as well as non-technical measures, in order to reduce emissions by road transport.(5) In view of that approach, the European Parliament and the Council adopted Directive 98/70/EC(6), intended to improve fuel quality and, with a view to laying down stricter emission standards, Directive 98/69/EC(7), for private motor cars and light commercial vehicles and Directive 1999/96/EC(8) for heavy goods vehicles.(6) This Directive forms part of the same approach, but it would appear to be more effective from the point of view of environmental protection not at this stage to tighten the standards laid down for roadworthiness tests in Directive 96/96/EC but to provide for technical roadside inspections in order to ensure application of that Directive throughout the year.(7) The regulated annual roadworthiness test is in fact considered not to be sufficient to guarantee that commercial vehicles tested are in roadworthy condition throughout the year.(8) Effective enforcement through targeted additional technical roadside inspection is an important cost-effective measure to control the standard of maintenance of commercial vehicles on the road.(9) Roadside roadworthiness inspections should be carried out without discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the commercial vehicle.(10) The method of inspection selection should be based on a targeted approach, giving greatest effort to identifying vehicles that seem most likely to be poorly maintained and thereby enhancing the authorities' operational effectiveness and minimising the costs and delays to drivers and operators.(11) In the event of serious deficiencies in a vehicle inspected it must be possible to ask the competent authorities of the Member State in which the vehicle is registered or in which the vehicle was brought into service to take appropriate measures and inform the requesting Member State of any follow-up measures taken.(12) The measures necessary for implementing this Directive shall be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9).(13) In accordance with the subsidiarity and proportionality principles as set out in Article 5 of the Treaty, the objectives of the proposed action, namely to establish a regime of roadside inspections of commercial vehicles circulating in the Community, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale of the action be better achieved by the Community; this Directive does not go beyond what is necessary for that purpose,HAVE ADOPTED THIS DIRECTIVE:Article 11. In order to improve road safety and the environment, the purpose of this Directive shall be to ensure that commercial vehicles circulating within the territories of the Member States of the Community comply more fully with certain technical conditions imposed by Directive 96/96/EC.2. This Directive establishes certain conditions for roadside inspections of the roadworthiness of commercial vehicles circulating within the territory of the Community.3. Without prejudice to Community regulations, this Directive shall not, however, affect the Member States' right to carry out inspections not covered by this Directive or to check other aspects of road transport, in particular those relating to commercial vehicles. On the other hand, there is nothing to prevent a Member State, in the context of inspections not covered by the scope of this Directive, from checking the items listed in Annex I in places other than on the public highway.Article 2For the purposes of this Directive:(a) "commercial vehicle" shall mean those motor vehicles and trailers defined in categories 1, 2 and 3 of Annex I to Directive 96/96/EC;(b) "technical roadside inspection" shall mean an inspection of a technical nature, not announced by the authorities and therefore unexpected, of a commercial vehicle circulating within the territory of a Member State carried out on the public highway by the authorities, or under their supervision;(c) "roadworthiness test" shall mean a test of a vehicle's technical roadworthiness as provided for in Annex II to Directive 96/96/EC.Article 31. Each Member State shall introduce technical roadside inspections such as will achieve the objectives stated in Article 1 as regards commercial vehicles covered by this Directive, bearing in mind the national arrangements applicable to such vehicles under Directive 96/96/EC.2. Every technical roadside inspection shall be carried out without discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the commercial vehicle, bearing in mind the need to minimise the costs and delays entailed for drivers and operators.Article 41. A technical roadside inspection shall comprise one, two or all of the following aspects:(a) a visual assessment of the maintenance condition of the commercial vehicle when stationary;(b) a check on a recent roadside technical inspection report as referred to in Article 5 or on the documentation attesting to the vehicle's technical roadworthiness and in particular, in the case of a vehicle registered or put into service in a Member State, proof that the commercial vehicle has undergone a statutory technical roadworthiness test in accordance with Directive 96/96/EC;(c) an inspection for irregularities covering one, more than one or all of the items to be checked listed in Annex I, point 10.2. An inspection of the braking systems and exhaust emissions shall be carried out in accordance with the rules laid down in Annex II.3. Before carrying out an inspection of the items listed in Annex I, point 10, the inspector shall take into consideration the last roadworthiness certificate and/or a recent technical roadside inspection report which the driver may produce.The inspector may also take into consideration any other safety certificate issued by an approved body, presented, where appropriate, by the driver.Where these certificates and/or report prove that an inspection of one of the items listed in Annex I, point 10, has been carried out in the course of the preceding three months, that item shall not be checked again, except where justified in particular on the grounds of an obvious defect and/or irregularity.Article 51. The technical roadside inspection report relating to the inspection referred to in Article 4(1)(c) shall be drawn up by the authority or inspector having carried it out. A specimen report is contained in Annex I, point 10 of which contains a checklist. The authority or inspector must tick the relevant boxes. The report must be given to the driver of the commercial vehicle.2. If the authority or the inspector considers that deficiencies in the maintenance of a commercial vehicle may represent a safety risk such that, as regards the brakes in particular, further examination is justified, the commercial vehicle may be subjected to a more elaborate test at a testing centre in the vicinity, designated by the Member State, in accordance with Article 2 of Directive 96/96/EC.If it becomes clear that a commercial vehicle presents a serious risk to its occupants or other road users either during the roadside inspection referred to in Article 4(1) or during the more elaborate test referred to in the first subparagraph of this paragraph, use of that vehicle may be prohibited until the dangerous deficiencies discovered have been rectified.Article 6Every two years, before 31 March, Member States shall communicate to the Commission the data collected relating to the previous two years concerning the number of commercial vehicles checked, classified by category in accordance with Annex I, point 6 and by the country of registration, and the items checked and defects noted, on the basis of Annex I, point 10.The first data submitted shall cover a period of two years beginning on 1 January 2003.The Commission shall forward this information to the European Parliament.Article 71. Member States shall assist one another in applying this Directive. In particular, they shall provide each other with details of the office(s) responsible for carrying out the checks and of the names of contact persons.2. Serious deficiencies in a commercial vehicle belonging to a non-resident, in particular those resulting in a ban on using the vehicle, shall be reported to the competent authorities of the Member State in which the vehicle is registered or has been put into service by means of the specimen report in Annex I, without prejudice to the prosecution in accordance with the legislation in force in the Member States in which the deficiency was recorded.Without prejudice to Article 5, the competent authorities of the Member State in which a serious deficiency has been found in a commercial vehicle belonging to a non-resident may ask the competent authorities of the Member State in which the vehicle is registered or has been put into service to take appropriate measures with regard to the offender, for example submitting the vehicle to a further roadworthiness inspection.The competent authorities to which such a request is made shall notify the competent authorities of the Member State in which the deficiencies of the commercial vehicle were found of any measures taken with regard to the offender.Article 8Any amendments which are necessary to adapt Annex I or the technical standards defined in Annex II to technical progress shall be adopted in accordance with the procedure laid down in Article 9(2).Such amendments must not, however, result in the scope of this Directive being extended.Article 91. The Commission shall be assisted by the Committee on the Adaptation to Technical Progress set up pursuant to Article 8 of Directive 96/96/EC, hereinafter referred to as "the Committee".2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, in compliance with the provisions of Article 8 thereof.The period provided for in Article 5(6) of Decision 1999/468/EC shall be laid down as three months.3. The Committee shall adopt its rules of procedure.Article 10Member States shall draw up arrangements for the penalties applicable where a driver or operator fails to abide by the technical requirements verified on the basis of this Directive.They shall take all necessary measures to ensure that these penalties are enforced. The penalties thus provided for shall be effective, proportionate and dissuasive.Article 11Within a year of receiving the data referred to in Article 6 from the Member States, the Commission shall submit to the Council a report on the application of this Directive together with a summary of the results achieved.The first report shall cover the period of two years beginning on 1 January 2003.Article 121. The Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive no later than 6 June 2002. They shall forthwith inform the Commission thereof.2. When the Member States adopt those measures they shall include references to this Directive or shall add such references on their official publication. The Member States shall lay down the manner in which such references shall be made.3. The Member States shall communicate to the Commission the texts of the provisions of national law that they adopt in the field governed by this Directive.Article 13This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 14This Directive is addressed to the Member States.Done at Luxembourg, 6 June 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentE. Ferro Rodrigues(1) OJ C 190, 18.6.1998, p. 10, and OJ C 116E, 26.4.2000, p. 7.(2) OJ C 407, 28.12.1998, p. 112.(3) Opinion of the European Parliament of 9 February 1999, (OJ C 150, 28.5.1999, p. 27), Council Common Position of 2 December 1999 and Decision of the European Parliament of 14 March 2000 (not yet published in the Official Journal). Council Decision of 13 April 2000.(4) OJ L 46, 17.2.1997, p. 1. Directive as amended by Commission Directive 1999/52/EC (OJ L 142, 5.6.1999, p. 26).(5) Directive 94/12/EC of the European Parliament and of the Council of 23 March 1994 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Directive 70/220/EEC (OJ L 100, 19.4.1994, p. 42).(6) Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).(7) Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC (OJ L 350, 28.12.1998, p. 1).(8) Directive 1999/96/EC of the European Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC (OJ L 44, 16.2.2000, p. 1).(9) OJ L 184, 17.7.1999, p. 23.ANNEX ISPECIMEN TECHNICAL ROADSIDE INSPECTION REPORT INCORPORATING A CHECKLIST(Directive 2000/30/EC)>PIC FILE= "L_2000203EN.000502.EPS">>PIC FILE= "L_2000203EN.000601.EPS">ANNEX IIRULES FOR TESTING AND/OR CHECKING BRAKING SYSTEMS AND EXHAUST EMISSIONS1. Specific conditions concerning brakesIt is required that every part of the braking system and its means of operation be maintained in good and efficient working order and be properly adjusted.The vehicle's brakes must fulfil the following braking functions:(a) for motor vehicles and their trailers and semi-trailers, a service brake capable of slowing down the vehicle and of stopping it safely, rapidly and efficiently, whatever its conditions of loading and whatever the upward or downward gradient of the road on which it is moving;(b) for motor vehicles and their trailers and semi-trailers a parking brake capable of holding the vehicle stationary, whatever its condition of loading, and whatever the upward or downward gradient of the road;2. Specific conditions concerning exhaust emissions2.1. Motor vehicles equipped with positive-ignition (petrol) engines(a) Where the exhaust emissions are not controlled by an advanced emission control system such as a three-way catalytic converter which is lambda-probe controlled:1. visual inspection of the exhaust system in order to check that there is no leakage;2. if appropriate, visual inspection of the emission control system in order to check that the required equipment has been fitted;3. after a reasonable period of engine conditioning (taking account of the vehicle manufacturer's recommendations) the carbon monoxide (CO) content of the exhaust gases is measured when the engine is idling (no load).The maximum permissible CO content in the exhaust gases must not exceed the following:- for vehicles registered or put into service for the first time between the date from which member States required the vehicles to comply with Directive 70/220/EEC(1) and 1 October 1986: CO must not exceed 4,5 % vol.,- for vehicles registered or put into service for the first time after 1 October 1986: CO must not exceed 3,5 % vol.(b) Where the exhaust emissions are controlled by an advanced emission control system such as a three-way catalytic converter which is lambda-probe controlled:1. visual inspection of the exhaust system in order to check that there are no leakages and that all parts are complete;2. visual inspection of the emission control system in order to check that the required equipment has been fitted;3. determination of the efficiency of the vehicle's emission control system by measurement of the lambda value and of the CO content of the exhaust gases in accordance with section 4.4. exhaust pipe emissions - limit values- measurement at engine idling speed:The maximum permissible CO content in the exhaust gases must not exceed 0,5 % vol.,- measurement at high idling speed (no load), engine speed to be at least 2000 min-1:CO content: maximum 0,3 % vol.,Lambda: 1 ± 0,03 or in accordance with the manufacturer's specifications.2.2. Motor vehicles equipped with compression ignition (diesel) enginesMeasurement of exhaust gas opacity with free acceleration (no load from idling up to cut-off speed). The level of concentration must not exceed(2) the following limit values of the coefficient of absorption:- naturally aspirated diesel engines = 2,5 m-1,- turbo-charged diesel engines = 3,0 m-1,or equivalent values where use in made of equipment of a type different from that complying with these requirements.Vehicles registered or put into service for the first time before 1 January 1980 are exempted from these requirements.2.3. Test equipmentVehicle emissions are tested using equipment designated to establish accurately whether the limit values prescribed or indicated by the manufacturer have been complied with.(1) Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (OJ L 76, 6.4.1970, p. 1). Directive as last amended by Commission Directive 1999/102/EC (OJ 334, 28.12.1999, p. 43).(2) Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (OJ L 190, 20.8.1972, p. 1). Directive as last amended by Commission Directive 97/20/EC (OJ L 125, 16.5.1997, p. 2).


title: Commission Directive 2007/6/EC of 14 February 2007 amending Council Directive 91/414/EEC to include metrafenone, Bacillus subtilis , spinosad and thiamethoxam as active substances (Text with EEA relevance )

text:
               15.2.2007

               EN

               Official Journal of the European Union

               L 43/13

      COMMISSION DIRECTIVE 2007/6/EC
   of 14 February 2007
   amending Council Directive 91/414/EEC to include metrafenone, Bacillus subtilis, spinosad and thiamethoxam as active substances
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               In accordance with Article 6(2) of Directive 91/414/EEC United Kingdom received on 4 June 2002 an application from BASF AG, Belgium for the inclusion of the active substance metrafenone in Annex I to Directive 91/414/EEC. Commission Decision 2003/105/EC (2) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (2)

               In accordance with Article 6(2) of Directive 91/414/EEC Germany received on 19 April 2000 an application from AgraQuest for the inclusion of the active substance Bacillus subtilis strain QST 713 (hereafter Bacillus subtilis) in Annex I to Directive 91/414/EEC. Commission Decision 2001/6/EC (3) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (3)

               In accordance with Article 6(2) of Directive 91/414/EEC the Netherlands received on 19 July 1999 an application from Dow AgroSciences for the inclusion of the active substance spinosad in Annex I to Directive 91/414/EEC. Commission Decision 2000/210/EC (4) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (4)

               In accordance with Article 6(2) of Directive 91/414/EEC Spain received on 17 March 1999 an application from Novartis Crop Protection AG (now Syngenta) for the inclusion of the active substance thiamethoxam in Annex I to Directive 91/414/EEC. Commission Decision 2000/181/EC (5) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (5)

               For those active substances, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicants. The designated rapporteur Member States submitted draft assessment reports concerning the substances to the European Food Safety Authority (EFSA) on 31 October 2003 (metrafenone) and to the Commission on 15 May 2001 (Bacillus subtilis), 5 March 2001 (spinosad) and 21 January 2002 (thiamethoxam) respectively.

               (6)

               For metrafone the assessment report has been peer reviewed by the Member States and the EFSA within its Working Group Evaluation and presented to the Commission on 18 January 2005 in the format of the EFSA Scientific Report for metrafenone (6). This report has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. For Bacillus subtilis, spinosad and thiamethoxam the draft assessment reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The review was finalised on 14 July 2006 in the format of the Commission review reports for metrafenone, Bacillus subtilis, spinosad and thiamethoxam.

               (7)

               It has appeared from the various examinations made that plant protection products containing the active substances concerned may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include metrafenone, Bacillus subtilis, spinosad and thiamethoxam in Annex I to that Directive, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances may be granted in accordance with the provisions of that Directive.

               (8)

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

               (9)

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

               (10)

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

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

               (a)

               in the case of a product containing metrafenone or Bacillus subtilis or spinosad or thiamethoxam as the only active substance, where necessary, amend or withdraw the authorisation by 31 July 2008 at the latest; or

               (b)

               in the case of a product containing metrafenone or Bacillus subtilis or spinosad or thiamethoxam as one of several active substances, where necessary, amend or withdraw the authorisation by 31 July 2008 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

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

      Done at Brussels, 14 February 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/136/EC (OJ L 349, 12.12.2006, p. 42).

      (2)  OJ L 43, 18.2.2003, p. 45.

      (3)  OJ L 2, 5.1.2001, p. 25.

      (4)  OJ L 64, 11.3.2000, p. 24.

      (5)  OJ L 57, 2.3.2000, p. 35.

      (6)  EFSA Scientific Report (2006)58, 1-72, Conclusion regarding the peer review of the pesticide risk assessment of the active substance metrafenone (finalised: 13 January 2006).

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

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘139

                     Metrafenone
                     CAS No: 220899-03-6
                     CIPAC No: 752

                     3′-bromo-2,3,4,6′-tetramethoxy-2′,6-dimethylbenzophenone

                     ≥ 940 g/kg

                     1 February 2007

                     31 January 2017

                     PART A
                     Only uses as fungicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on metrafenone, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 July 2006 shall be taken into account.
                     The Member States shall inform the Commission in accordance with Article 13(5) on the specification of the technical material as commercially manufactured.

                     140

                        Bacillus subtilis

                     (Cohn 1872)
                     Strain QST 713, identical with strain AQ 713
                     Culture collection No: NRRL B -21661
                     CIPAC No: not allocated

                     Not applicable

                     1 February 2007

                     31 January 2017

                     PART A
                     Only uses as fungicide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on Bacillus subtilis, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 July 2006 shall be taken into account.

                     141

                     Spinosad
                     CAS No: 131929-60-7 (Spinosyn A)
                     131929-63-0 (Spinosyn D)
                     CIPAC No: 636

                                    Spinosyn A:

                                 (2R,3aS,5aR,5bS,9S,13S,14R,16aS,16bR)-2-(6-deoxy-2,3,4-tri-O-methyl-α-L-mannopyranosyloxy)-13-(4-dimethylamino-2,3,4,6-tetradeoxy-ß-D-erythropyranosyloxy)-9-ethyl-2,3,3a,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-hexadecahydro-14-methyl-1H-8-oxacyclododeca[b]as-indacene-7,15-dione

                                    Spinosyn D:

                                 (2S,3aR,5aS,5bS,9S,13S,14R,16aS,16bS)-2-(6-deoxy-2,3,4-tri-O-methyl-α-L-mannopyranosyloxy)-13-(4-dimethylamino-2,3,4,6-tetradeoxy-ß-D-erythropyranosyloxy)-9-ethyl-2,3,3a,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-hexadecahydro-4,14-dimethyl-1H-8-oxacyclododeca[b]as-indacene-7,15-dione

                           Spinosad is a mixture of 50-95 % spinosyn A and 5-50 % spinosyn D

                     ≥ 850 g/kg

                     1 February 2007

                     31 January 2017

                     PART A
                     Only uses as insecticide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on spinosad, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 July 2006 shall be taken into account.
                     In this overall assessment Member States

                                 —

                                 must pay particular attention to the protection of aquatic organisms;

                                 —

                                 must pay particular attention to the risk to earthworms when the substance is used in glasshouses.

                           Conditions of use shall include risk mitigation measures, where appropriate.

                     142

                     Thiamethoxam
                     CAS No: 153719-23-4
                     CIPAC No: 637

                     (E,Z)-3-(2-chloro-thiazol-5-ylmethyl)-5-methyl-[1,3,5]oxadiazinan-4-ylidene-N-nitroamine

                     ≥ 980 g/kg

                     1 February 2007

                     31 January 2017

                     PART A
                     Only uses as insecticide may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on thiamethoxam, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 July 2006 shall be taken into account.
                     In this overall assessment Member States:

                                 —

                                 must pay particular attention to the potential for groundwater contamination, particularly of the active substance and its metabolites NOA 459602, SYN 501406 and CGA 322704, when the active substance is applied in regions with vulnerable soil and/or climatic conditions,

                                 —

                                 must pay particular attention to the protection of aquatic organisms,

                                 —

                                 must pay particular attention to the long-term risk to small herbivorous animals if the substance is used for seed treatment.

                           Conditions of use shall include risk mitigation measures, where appropriate.’

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


Avis juridique important

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31989L0299

Council Directive 89/299/EEC of 17 April 1989 on the own funds of credit institutions

Official Journal L 124 , 05/05/1989 P. 0016 - 0020 Finnish special edition: Chapter 6 Volume 2 P. 0211  Swedish special edition: Chapter 6 Volume 2 P. 0211

COUNCIL DIRECTIVE of 17 April 1989 on the own funds of credit institutions (89/299/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular the first and third sentences of Article 57 (2) thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas common basic standards for the own funds of credit institutions are a key factor in the creation of an internal market in the banking sector since own funds serve to ensure the continuity of credit institutions and to protect savings; whereas  such harmonization will strengthen the supervision of credit institutions and contribute to further coordination in the banking sector, in particular the supervision of major risks and solvency ratios;  Whereas such standards must apply to all credit institutions authorized in the Community;  Whereas the own funds of a credit institution can serve to absorb losses which are not matched by a sufficient volume of profits; whereas the own funds also serve as an important yardstick for the competent authorities, in particular for the assessment  of the solvency of credit institutions and for other prudential purposes;  Whereas credit institutions in a common banking market engage in direct competition with each other, and the definitions and standards pertaining to own funds must therefore be equivalent; whereas, to that end, the criteria for determining the  composition of own funds must not be left solely to Member States; whereas the adoption of common basic standards will be in the best interests of the Community in that it will prevent distortions of competition and will strengthen the Community banking  system;  Whereas the definition laid down in this Directive provides for a maximum of items and qualifying amounts, leaving it to the discretion of each Member State to use all or some of such items or to adopt lower ceilings for the qualifying amounts;   OJ No C 32, 5. 2. 1988, p. 2.   Whereas this Directive specifies the qualifying criteria for certain own funds items, and the Member States remain free to apply more stringent provisions;  Whereas at the initial stage common basic standards are defined in broad terms in order to encompass all the items making up own funds in the different Member States;  Whereas, according to the nature of the items making up own funds, this Directive distinguishes between on the one hand, items constituting original own funds and, on the other, those constituting additional own funds;  Whereas it is recognized that due to the special nature of the fund for general banking risks, this item is to be included provisionally in own funds without limit; whereas, however, a decision on its final treatment will have to be taken as soon as  possible after the implementation of the Directive; whereas that decision will have to take into account the results of discussions in international fora;  Whereas, to reflect the fact that items constituting additional own funds are not of the same nature as those constituting original own funds, the amount of the former included in own funds must not exceed the original own funds; whereas, moreover, the  amount of certain items of additional own funds included must not exceed one-half of the original own funds;  Whereas, in order to avoud distortions of competition, public credit institutions must not include in their own funds guarantees granted them by the Member States or local authorities; whereas, however, the Kingdom of Belgium should be granted a  transitional period up to 31 December 1994 in order to permit the institutions concerned to adjust to the new conditions by reforming their statutes;  Whereas whenever in the course of supervision it is necessary to determine the amount of the consolidated own funds of a group of credit institutions, that calculation shall be effected in accordance with Council Directive 83/350/EEC of 13 June 1983 on the supervision of credit institutions on a consolidated basis (4); whereas that Directive leaves the Member States scope to interpret the technical details of its application, and that scope should be in keeping with the spirit of this  Directive; whereas the former Directive is currently being revised to achieve greater harmonization;   Whereas the precise accounting technique to be used for the calculation of own funds must take account of the provisions of Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial  institutions (5), which incorporates certain adaptations of the provisions of Council Directive 83/349/EEC of 13 June 1983 based on Article 54 (3) (g) of the Treaty on consolidated accounts (6); whereas pending transposition of the provisions of the  abovementioned Directives into the national laws of the Member States, the use of a specific accounting technique for the calculation of own funds should be left to the discretion of the Member States;  Whereas this Directive forms part of the wider international effort to bring about approximation of the rules in force in major countries regarding the adequacy of own funds;  Whereas measures to comply with the definitions in this Directive must be adopted no later than the date of entry into force of the measures implementing the future directive harmonizing solvency ratios;  Whereas the Commission will draw up a report and periodically examine this Directive with the aim of tightening its provisions and thus achieving greater convergence on a common definition of own funds; whereas such convergence will allow the alignment  of Community credit institutions' own funds;  Whereas it will probably be necessary to make certain technical and terminological adjustments to the directive to take account of the rapid development of financial markets; whereas pending submission by the Commission of a proposal which takes account  of the special characteristics of the banking sector and which permits the introduction of a more suitable procedure for the implementation of this Directive, the Council reserves the right to take such measures.  HAS ADOPTED THIS DIRECTIVE:    Article 1 Scope 1.  Wherever a Member State lays down by law, regulation or administrative action a provision in implementation of Community legislation concerning the prudential supervision of an operative credit institution which uses the term or refers to the  concept of own funds, it  shall bring this term or concept into line with the definition given in the following Articles.  2.  For the purposes of this Directive, ´credit institutions' shall mean the institutions to which Directive 77/780/EEC (7), as last amended by Directive 86/524/EEC (8), applies.  Article 2 General principles 1.  Subject to the limits imposed in Article 6, the unconsolidated own funds of credit institutions shall consist of the following items:   (1)  capital within the meaning of Article 22 of Directive 86/635/EEC, in so far as it has been paid up, plus share premium accounts but excluding cumulative preferential shares;   (2)  reserves within the meaning of Article 23 of Directive 86/635/EEC and profits and losses brought forward as a result of the application of the final profit or loss. The Member States may permit inclusion of interim profits before a formal decision  has been taken only if these profits have been verified by persons responsible for the auditing of the accounts and if it is proved to the satisfaction of the competent authorities that the amount thereof has been evaluated in accordance with the  principles set out in Directive 86/635/EEC and is net of any foreseeable charge or dividend;   (3)  revaluation reserves within the meaning of Article 33 of Council Directive 78/660/EEC of 25 July 1978 based on Article 54 (3) (g) of the Treaty on the annual accounts of certain types of companies (9), as last amended by Directive 84/569/EEC (10);    (4)  funds for general banking risks within the meaning of Article 38 of Directive 86/635/EEC;   (5)  value adjustments within the meaning of Article 37 (2) of Directive 86/635/EEC;   (6)  other items within the meaning of Article 3;   (7)  the commitments of the members of credit institutions set up as cooperative societies and the joint and several commitments of the borrowers of certain institutions organized as funds, as referred to in Article 4 (1);   (8)  fixed-term cumulative preferential shares and subordinated loan capital as referred to in Article 4 (3).   The following items shall be deducted in accordance with Article 6:   (9)  own shares at book value held by a credit institution;  (10)  intangible assets within the meaning of Article 4 (9) (´assets') of Directive 86/635/EEC;  (11)  material losses of the current financial year;  (12)  holdings in other credit and financial institutions amounting to more than 10 % of their capital, subordinated claims and the instruments referred to in Article 3 which a credit institution holds in respect of credit and financial institutions in  which it has holdings exceeding 10 % of the capital in each case.  Where shares in another credit or financial institution are held temporarily for the purposes of a financial assistance operation designed to reorganize and save that institution, the supervisory authority may waive this provision;  (13)  holdings in other credit and financial institutions of up to 10 % of their capital, the subordinated claims and the instruments referred to in Article 3 which a credit institution holds in respect of credit and financial institutions other than  those referred to in point 12 in respect of the amount of the total of such holdings, subordinated claims and instruments which exceed 10 % of that credit institution's own funds calculated before the deduction of items 12 and 13.  Pending subsequent coordination of the provisions on consolidation, Member States may provide that, for the calculation of unconsolidated own funds, parent companies subject to supervision on a consolidated basis need not deduct their holdings in other  credit institutions or financial institutions which are included in the consolidation. This provision shall apply to all the prudential rules harmonized by Community acts.  2.  The concept of own funds as defined in points 1 to 8 of paragraph 1 embodies a maximum number of items and amounts. The use of those items and the fixing of lower ceilings, and the deduction of items other than those listed in items 9 to 13 of  paragraph 1 shall be left to the discretion of the Member States. Member States shall nevertheless be obliged to consider increased convergence with a view to a common definition of own funds.  To that end, the Commission shall, not more than three years after the date referred to in Article 9 (1), submit a report to the European Parliament and to the Council on the application of this Directive, accompanied, where appropriate, by such  proposals for amendment as it shall deem necessary. Within five years of the date referred to in Article 9 (1), the Council shall, acting by qualified majority on a proposal from the Commission, in cooperation with the European Parliament and after  consultation of the Economic and Social Committee, examine the definition of own funds with a view to the uniform application of the common definition.  3.  The items listed in points 1 to 5 must be available to a credit institution for unrestricted and immediate use to cover risks or losses as soon as these occur. The amount must be net of any foreseeable tax charge at the moment of its calculation or  be suitably adjusted in so far as such tax charges reduce the amount up to which these items may be applied to cover risks or losses.  Article 3 Other items referred to in Article 2 (1) (6) 1.  The concept of own funds used by a Member State may include other items provided that, whatever their legal or accounting designations might be, they have the following characteristics:  (a)  they are freely available to the credit institution to cover normal banking risks where revenue or capital losses have not yet been identified;  (b)  their existence is disclosed in internal accounting records;  (c)  their amount is determined by the management of the credit institution, verified by independent auditors, made known to the competent authorities and placed under the supervision of the latter. With regard to verification, internal auditing may be  considered as provisionally meeting the aforementioned requirements until such time as the Community provisions making external auditing mandatory have been implemented.  2.  Securities of indeterminate duration and other instruments that fulfil the following conditions may also be accepted as other items:  (a)  they may not be reimbursed on the bearer's initiative or without the prior agreement of the supervisory authority;  (b)  the debt agreement must provide for the credit institution to have the option of deferring the payment of interest on the debt;  (c)  the lender's claims on the credit institution must be wholly subordinated to those of all non-subordinated creditors;  (d) the documents governing the issue of the securities must provide for debt and unpaid interest to be such as to absorb losses, whilst leaving the credit institution in a position to continue trading;  (e) only fully paid-up amounts shall be taken into account.  To these may be added cumulative preferential shares other than those referred to in Article 2 (1) (8).  Article 4 1.  The commitments of the members of credit institutions set up as cooperative societies referred to in Article 2 (1) (7), shall comprise those societies' uncalled capital, together with the legal commitments of the members of those  cooperative societies to make additional non-refundable payments should the credit institution incur a loss, in which case it must be possible to demand those payments without delay.  The joint and several commitments of borrowers in the case of credit institutions organized as funds shall be treated in the same way as the preceding items.  All such items may be included in own funds in so far as they are counted as the own funds of institutions of this category under national law.  2.  Member States shall not include in the own funds of public credit institutions guarantees which they or their local authorities extend to such entities.  However, the Kingdom of Belgium shall be exempt from this obligation until 31 December 1994.  3.  Member States or the competent authorities may include fixed-term cumulative preferential shares referred to in Article 2 (1) (8) and subordinated loan capital referred to in that provision in own funds, if binding agreements exist under which, in  the event of the bankruptcy or liquidation of the credit institution, they rank after the claims of all other creditors and are not to be repaid until all other debts outstanding at the time have been settled.  Subordinated loan capital must also fulfil the following criteria:  (a)  only fully paid-up funds may be taken into account;  (b)  the loans involved must have an original maturity of at least five years, after which they may be repaid; if the maturity of the debt is not fixed, they shall be repayable only subject to five years' notice unless the loans are no longer considered  as own funds or unless the prior consent of the competent authorities is specifically required for early repayment. The competent authorities may grant permission for the early repayment of such loans provided the request is made at the initiative of  the issuer and the solvency of the credit institution in question is not affected;  (c)  the extent to which they may rank as own funds must be gradually reduced during at least the last five years before the repayment date;  (d)  the loan agreement must not include any clause providing that in specified circumstances, other than the winding up of the credit institution, the debt will become repayable before the agreed repayment date.  Article 5 Until further coordination of the provisions on consolidation, the following rules shall apply.  1.  Where the calculation is to be made on a consolidated basis, the consolidated amounts relating to the items listed under Article 2 (1) shall be used in accordance with the rules laid down in Directive 83/350/EEC. Moreover, the following may, when  they are credit (´negative') items, be regarded as consolidated reserves for the calculation of own funds:  - any minority interests within the meaning of Article 21 of Directive 83/349/EEC, where the global integration method is used,  - the first consolidation difference within the meaning of Articles 19, 30 and 31 of Directive 83/ 349/EEC,  - the translation differences included in consolidated reserves in accordance with Article 39 (6) of Directive 86/635/EEC,  - any difference resulting from the inclusion of certain participating interests in accordance with the method prescribed in Article 33 of Directive 83/349/EEC.  2.  Where the above are debit (´positive') items, they must be deducted in the calculation of consolidated own funds.  Article 6 Deductions and limits 1.  The items referred to in Article 2 (1), points 3 and 5 to 8, shall be subject to the following limits:  (a)  the total of items 3 and 5 to 8 may not exceed a maximum of 100 % of items 1 plus 2 minus 9, 10 and 11;  (b)  the total of items 7 and 8 may not exceed a maximum of 50 % of items 1 plus 2 minus 9, 10 and 11;  (c)  the total of items 12 and 13 shall be deducted from the total of all items.  2.  The item referred to in Article 2 (1) (4) shall constitute a separate category. Provisionally, it shall be included in own funds without limit, but shall not be included when the basis of the limit for the items referred to in points 3 and 5 to 8 is  fixed. Within six months of the implementation of this Directive the Commission shall, in accordance with the procedure provided for in Article 8, propose the final treatment for this item either in original own funds or in additional own funds.  3.  The limits referred to in paragraph 1 must be complied with as from the date of the entry into force of the implementing measures for the Council Directive on a solvency ratio for credit institutions and by 1 January 1993 at the latest.  Credit institutions exceeding those limits must gradually reduce the extent to which the items referred to in Article 2 (1), points 3 and 5 to 8, are taken into account so that they comply with those limits before the aforementioned date.  4.  The competent authorities may authorize credit institutions to exceed the limit laid down in paragraph 1 in temporary and exceptional circumstances.  Article 7 Compliance with the conditions laid down in Articles 2 to 6 must be proved to the satisfaction of the competent authorities.  Article 8 Without prejudice to the report referred to in Article 2 (2), second subparagraph, technical adaptations deemed to be necessary to this Directive to:  - clarify the definitions to ensure uniform application of the said Directive throughout the Community,  - clarify the definitions to take account, in implementing the said Directive, of developments on the financial markets,  - bring the terminology and wording of the definitions into line with that of subsequent acts concerning credit institutions and related areas,  shall be adopted by the Council acting by a qualified majority on a Commission proposal.  Article 9 1.  Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive no later than the date laid down for the entry into force of the implementing measures of the Council  directive on a solvency ratio for credit institutions, and by 1 January 1993 at the latest. They shall forthwith inform the Commission thereof.  2.  Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.  3.  The communication referred to in paragraph 2 must also include a statement, accompanied by an explanatory text, notifying the Commission of the specific provisions adopted and the items selected by the Member States' respective competent authorities  as comprising own funds.  Article 10 This Directive is addressed to the Member States.   Done at Luxembourg, 17 April 1989.  For the Council The President C. SOLCHAGA CATALAN  (1) OJ No C 243, 27. 9. 1986, p. 4 and(2) OJ No C 246, 14. 9. 1987, p. 72 and OJ No C 96, 17. 4. 1989. (3) OJ No C 180, 8. 7. 1987, p. 51.(4) OJ No L 193, 18. 7. 1983, p. 18.(5) OJ No L 372, 31. 12. 1986, p. 1. (6) OJ No L 193, 18. 7. 1983, p. 1.(7) OJ No L 322, 17. 12. 1977, p. 30. (8) OJ No L 309, 4. 11. 1986, p. 15. (9) OJ No L 222, 14. 8. 1978, p. 11. (10) OJ No L 314, 4. 12. 1984, p. 28.