Avis juridique important

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31990L0415

Council Directive 90/415/EEC of 27 July 1990 amending Annex II to Directive 86/280/EEC on limit values and quality objectives for discharges of certain dangerous substances included in list I of the Annex to Directive 76/464/EEC

Official Journal L 219 , 14/08/1990 P. 0049 - 0057 Finnish special edition: Chapter 15 Volume 9 P. 0245  Swedish special edition: Chapter 15 Volume 9 P. 0245

*****COUNCIL  DIRECTIVE  of 27 July 1990  amending Annex II to Directive 86/280/EEC on limit values and quality objectives for discharges of certain dangerous substances included in list I of the Annex to Directive 76/464/EEC  (90/415/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,  Having regard to Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (1), and in particular Articles 6 and 12 thereof,  Having regard to the proposal from the Commission (2),  Having regard to the opinion of the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  Whereas, in order to protect the aquatic environment of the Community against pollution by certain dangerous substances, Article 3 of Directive 76/464/EEC introduces a system of prior authorization laying down emission standards for discharges of the substances in List I in the Annex thereto; whereas Article 6 of the said Directive provides that limit values shall be laid down for such emission standards and quality objectives for the aquatic environment affected by discharges of the substances;  Whereas Member States are required to apply the limit values except in cases where they may employ quality objectives;  Whereas Directive 86/280/EEC (5), as amended by Directive 88/347/EEC (6), will have to be amended and supplemented, on proposals from the Commission, in line with developments in scientific knowledge relating principally to the toxicity, persistence and accumulation of the substances referred to in living oganisms and sediments, or in the event of an improvement in the best technical means available; whereas it is necessary, for that purpose, to provide for additions to the said Directive, relating to measures in respect of other dangerous substances, and for amendments to the content of Annex II;  Whereas Article 5 of Directive 86/280/EEC provides that, in the case of certain significant sources of pollution by these substances other than sources subject to Community limit values or national emission standards, specific programmes should be devised to eliminate the pollution;  Whereas it is appropriate that small discharges which are subject to the provisions of Article 5 of Directive 86/280/EEC may be exempted from the requirements of Article 3 of Directive 76/464/EEC;  Wheras, on the basis of the criteria laid down in Directive 76/464/EEC, 1-2-dichloroethane, trichloroethylene, perchloroethylene and trichlorobenzene should be made subject to the provisions of Directive 86/280/EEC,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex II to Directive 86/280/EEC is hereby amended as set out in the Annex hereto.  Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its notification (1). 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.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 27 July 1990.  For the Council  The President  E. RUBBI  (1) OJ No L 129, 18. 5. 1976, p. 23.  (2) OJ No C 253, 29. 9. 1988, p. 4.  (3) OJ No C 96, 17. 4. 1989, p. 188.  (4) OJ No C 23, 30. 1. 1989, p. 4.  (5) OJ No L 181, 4. 7. 1986, p. 16.  (6) OJ No L 158, 25. 6. 1988, p. 35.  (1) This Directive was notified to the Member States on 31 July 1990.  ANNEX  AMENDMENTS TO ANNEX II TO DIRECTIVE 86/280/EEC  1. The following is added below the title:  ' 8. Relating to 1,2-dichloroethane (EDC)  9. Relating to trichloroethylene (TRI)  10. Relating to perchloroethylene (PER)  11. Relating to trichlorobenzene (TCB)'.  2. The following section is added:  'VIII.: Specific provisions relating to 1,2-dichloroethane (EDC) (No 59) (*)  CAS - No 107-06-2  (*) Article 5 of Directive 86/280/EEC applies in particular to EDC used as a solvent away from a production or processing site if annual discharges amount to less than 30 kg/year. Such small discharges may be exempted from the requirements of Article 3 of Directive 76/464/EEC. Notwithstanding Article 5 (3) of Directive 86/280/EEC, Member States must implement their specific programmes no later than 1 January 1993. They must communicate them to the Commission at the same time.  Heading A (59): Limit values for emission standards (1)  1.2.3,4.5 //  //  //  //  // Type of industrial plant (2) (3)  // Type of average value   // Limit values expressed as  // To be complied with as from  1.2.3.4.5 //   //   // weight (g/tonne) (4)   // concentration (mg/litre) (5)   //   //  //   //   //   //   // (a) Production only of 1,2-dichloroethane (without processing or use on the same site)   // Monthly Daily   // 4 2,5 8 5   // 2 1,25 4 2,5   // 1. 1. 1993 1. 1. 1995 1. 1. 1993 1. 1. 1995   //    //   //   //  //   // (b) Production of 1,2-dichloroethane, and processing or use at the same site, except for the use defined in (e) below (6) (7)   // Monthly Daily   // 12 5 24 10   // 6 2,5 12 5   // 1. 1. 1993 1. 1. 1995 1. 1. 1993 1. 1. 1995   //    //  //   //   //   // (c) Processing of 1,2-dichloroethane into substances other than vinyl chloride (8)   // Monthly Daily  // 2,5 5   // 1 2   // 1. 1. 1993 1. 1. 1993   //    //   //  //   //   // (d) Use of EDC for degreasing metals (away from an industrial site covered by (b)) (9)   // Monthly Daily  // - -   // 0,1 0,2   // 1. 1. 1993 1. 1. 1993   //    //  //   //   //   // (e) Use of EDC in the production of ion exchangers (10)   // Monthly Daily   // - -   // - -   // - -  //    //   //   //   //  (1) In view of the volatility of EDC and in order to ensure compliance with Article 3 (6) of Directive 86/280/EEC, where the process used involves open-air agitation of the effluents containing EDC, Member States must require compliance with the limit values upstream of the plants concerned; they must ensure that all waters likely to be polluted are properly taken into account.  (2) The purified EDC production capacity includes that fraction of the EDC which is not cracked in the vinyl chloride (VC) production unit associated with the EDC production unit and which is recycled to the EDC purification section of the plant.  Production or processing capacity is the capacity authorized by the administration or, failing that, the highest annual quantity produced or processed over the four years prior to the granting or review of the authorization. The capacity authorized by the administration should not differ greatly from actual production.  (3) A simplified monitoring procedure may be introduced where annual discharges do not exceed 30 kg/year.  (4) These limit values relate:  - for sectors (a) and (b), to purified EDC production capacity expressed in tonnes,  - for sector (c), to EDC processing capacity expressed in tonnes.  However, in the case of sector (b), if the processing and utilization capacity is greater than the production capacity, the limit values shall be applied in relation to the global processing and utilization capacity. If there are several plants on the same site, the limit values shall apply to the plants taken together.  (5) Without prejudice to the provisions of heading A (4) in Annex I, these concentration limits relate to the following reference volumes:  (a) 2 m3/tonne of purified EDC production capacity;  (b) 2,5 m3/tonne of purified EDC production capacity;  (c) 2,5 m3/tonne of EDC processing capacity.  (6) The limit values take account of all diffuse internal sources and/or of EDC used as a solvent within the industrial production site; this will ensure a reduction in EDC discharges of more than 99 %.  Nevertheless, the combination of the best available technology and the absence of any diffuse internal source enables reduction amounts greater than 99,9 % to be achieved.  On the basis of the experience acquired in the application of the present measures, the Commission will present to the Council in good time proposals for more severe limit values to be applied from 1998.  (7) Where a Member State takes the view that, owing to the integration of EDC production with the manufacture of other chlorinated hydrocarbons, an EDC production process is unlikely to comply with these limit values by the 1 January 1993 deadline, it must advise the Commission thereof before 1 January 1991. A programme for the reduction of EDC discharges which will enable these limit values to be complied with by 1 January 1997 will be submitted to the Commission no later than 31 December 1993. The following limit value must, meanwhile, be complied with as at 1 January 1993:  - 40 g EDC/tonne of purified EDC production capacity (monthly and daily averages).  The limit value expressed as concentration is deduced on the basis of the volume of water discharged by the plant(s) concerned.  (8) The production of the following substances specifically is involved here: ethylene diamine, ethylene polyamine, 1.1.1.-trichloroethane, trichloroethylene and perchloroethylene.  (9) These limit values apply only to plants the annual discharges from which exceed 30 kg/year.  (10) It is not possible at present to adopt limit values for this sector. The Council shall adopt such limit values at a later stage, acting on a proposal from the Commission. In the meantime, Member States will apply national limit values in accordance with Annex I, heading A, point 3. Heading B (59): quality objectives  1.2.3 //  //  //  // Environment  // Quality objectives (m g/litre)   // To be complied with as from   //    //   //  // Inland surface waters   //   //   // Estuary waters   //  //   // Inland coastal waters other than estuary waters  // 10  // 1. 1. 1993   // Territorial waters   //   //   //  //   //  The Commission will compare the results of the monitoring carried out, in accordance with the third indent of Article 13 (1) of Directive 76/464/EEC, with an indicative concentration of 2,5 mg/litre.  The Commission will, by 1998, re-examine the quality objectives on the basis of the experience acquired in the application of the present measures.  Heading C (59): reference method of measurement  1. The reference method of measurement to be used for determining the presence of 1,2-dichloroethane in effluents and the water environment is gas chromatography with electron capture detection after extraction by means of an appropriate solvent or gas chromatography following isolation by means of the "purge and trap" process and trapping by using a cryogenically cooled capillary trap. The limit of determination is 10 mg/litre for effluents and 1 mg/litre for the water environment.  2. The accuracy and precision of the method must be plus or minus 50 % at a concentration which represents twice the value of the limit of determination.  3. Member States may determine concentrations of EDC by reference to the quantity of AOX, EOX or VOX, provided that the Commission is first satisfied that these methods give equivalent results and until the general solvent Directive is adopted.  The Member States concerned will establish regularly the relationship in concentration between EDC and the parameter used.  IX. Specific provisions relating to trichloroethylene (TRI) (No 121) (*)  CAS 79.01.6  (*) Article 5 of Directive 86/280/EEC applies in particular to TRI used as a solvent for dry-cleaning, for the extraction of grease or odours and for degreasing metals where annual discharges amount to less than 30 kg/year. Such small discharges may be exempted from the requirements of Article 3 of Directive 76/464/EEC. Notwithstanding Article 5 (3) of Directive 86/280/EEC, Member States must implement their specific programmes no later than 1 January 1993. They must communicate them to the Commission at the same time.  Heading A (121): limit values for emission standards (1)  1.2.3,4.5 //  //  //  //  // Type of industrial plants (2)  // Type of average value   // Limit values expressed as  // To be complied with as from  1.2.3.4.5 //   //   // weight (g/tonne) (3)   // concentracion (mg/litre) (4)   //   //  //   //   //   //   // (a) Trichloroethylene (TRI) and perchloroethylene (PER) production   // Monthly Daily  // 10 2,5 20 5   // 2 0,5 4 1  // 1. 1. 1993 1. 1. 1995 1. 1. 1993 1. 1. 1995   //    //   //   //   //   // (b) Use of TRI for degreasing metals (5)   // Monthly Daily  //  // 0,1 0,2  // 1. 1. 1993 1. 1. 1993   //    //   //   //   //  (1) In view of the volatility of trichloroethylene and in order to ensure compliance with Article 3 (6) of Directive 86/280/EEC, where the process used involves open-air agitation of the effluents containing tricholoroethylene, Member States must require compliance with the limit values upstream of the plants concerned; they must ensure that all waters likely to be polluted are properly taken into account. (2) A simplified monitoring procedure may be introduced where annual discharges do not exceed 30 kg/year.  (3) For sector (a), limit values for TRI discharges relate to overall TRI + PER production capacity.  For existing plant using dehydrochlorination of tetrachloroethane, the capacity of production is equivalent to the capacity of TRI-PER production, the ratio of TRI-PER production taken at one third.  Production or processing capacity is the capacity authorized by the administration or, failing that, the highest annual quantity produced or processed over the four years prior to the granting or review of the authorization. The capacity authorized by the administration should not differ greatly from actual production.  (4) Without prejudice to the provisions of heading A (4) in Annex I, TRI limit concentrations relate to the following reference values:  - sector (a), 5 m3/tonne of TRI + PER production.  (5) These limit values apply only to industrial plants the annual discharges from which exceed 30 kg/year.  Heading B (121): quality objectives  1.2.3 //  //  //  // Environment  // Quality objective (m g/litre)   // To be complied with as from   //    //   //  // Inland surface waters   //   //   // Estuary waters   //  //   // Inland coastal waters other than estuary waters  // 10  // 1. 1. 1993   // Territorial waters   //   //   //  //   //  The Commission will compare the results of the monitoring carried out, in accordance with the third indent of Article 13 (1) of Directive 76/464/EEC, with an indicative concentration of 2,5 mg/litre.  The Commission will, by 1988, re-examine the quality objectives on the basis of the experience acquired in the application of the present measures.  Heading C (121): reference method of measurement  1. The reference method of measurement to be used for determining the presence of trichloroethylene (TRI) in effluents and the water environment is gas chromatography with electron capture detection after extraction by means of an appropriate solvent.  The limit of determination for TRI is 10 mg/litre for effluents and 0,1 mg/litre for the water environment.  2. The accuracy and precision of the method must be plus or minus 50 % at a concentration which represents twice the value of the limit of determination.  3. Member States may determine concentrations of TRI by reference to the quantity of AOX, EOX or VOX provided that the Commission is first satisfied that these methods give equivalent results and until the general solvent Directive is adopted.  The Member States concerned will establish regularly the relationship in concentration between TRI and the parameter used.  X. Specific provisions relating to perchloroethylene (PER) (No 111) (*)  CAS-127-18-4  (*) Article 5 of Directive 86/280/EEC applies in particular to PER used as a solvent for dry-cleaning, for the extraction of grease or odours and for degreasing metals where annual discharges amount to less than 30 kg/year. Such small discharges may be exempted from the requirements of Article 3 of Directive 76/464/EEC. Notwithstanding Article 5 (3) of Directive 86/280/EEC, Member States must implement their specific programmes no later than 1 January 1993. They must communicate them to the Commission at the same time.  Heading A (111): limit values for emission standards (1)  1.2.3,4.5 //  //  //  //  // Type of industrial plant (2)  // Type of average value   // Limit values expressed as  // To be complied with as from  1.2.3.4.5 //   //   // weight (g/tonne) (3)   // concentration (mg/litre) (4)   //   //  //   //   //   //   // (a) Trichloroethylene (TRI) and perchloroethylene (PER) production (TRI-PER processes)  // Monthly Daily   // 10 2,5 20 5   // 2 0,5 4 1   // 1. 1. 1993 1. 1. 1995 1. 1. 1993 1. 1. 1995   //    //   //   //  //   // (b) Carbon tetrachloride and perchloroethylene production (TETRA-PER processes)   // Monthly Daily   // 10 2,5 20 5   // 5 1,25 10 2,5   // 1. 1. 1993 1. 1. 1995 1. 1. 1993 1. 1. 1995   //    //   //   //   //   // (c) Use of PER for degreasing metals (5)   // Monthly Daily   // - -   // 0,1 0,2  // 1. 1. 1993 1. 1. 1993   //    //   //   //   //   // (d) Chlorofluorocarbon production (6)   // Monthly Daily   // - -  // - -   // - -   //    //   //   //   //  (1) In view of the volatility of perchloroethylene and in order to ensure compliance with Article 3 (6) of Directive 86/280/EEC, where the process used involves open-air agitation of the effluents containing perchloroethylene, the Member States must require compliance with the limit values upstream of the plants concerned; they must ensure that all waters likely to be polluted are properly taken into account.  (2) A simplified monitoring procedure may be introduced where annual discharges do not exceed 30 kg/year.  (3) For sectors (a) and (b) the limit values for PER discharges relate either to overall TRI + PER production capacity or to overall TETRA + PER production capacity.  Production or processing capacity is the capacity authorized by the administration or, failing that, the highest annual quantity produced or processed over the four years prior to the granting or review of the authorization. The capacity authorized by the administration should not differ greatly from actual production.  (4) Without prejudice to the provisions of heading A (4) in Annex I, PER limit concentrations relate to the following reference volumes:  - (a), 5 m3/tonne of TRI + PER production,  - (b), 2 m3/tonne of TETRA + PER production.  (5) These limit values apply only to industrial plants the annual discharges from which exceed 30 kg/year.  (6) It is not possible at present to adopt limit values for this sector. The Council shall adopt them at a later stage, acting on a proposal from the Commission. In the meantime, Member States will apply national emission standards in accordance with Annex I, heading A, point 3.  Heading B (111): quality objectives  1.2.3 //  //  //  // Environment  // Quality objective (m g/litre)   // To be complied with as from   //    //   //  // Inland surface waters   //   //   // Estuary waters   //  //   // Inland coastal waters other than estuary waters  // 10  // 1. 1. 1993   // Territorial waters   //   //   //  //   //  The Commission will compare the results of the monitoring carried out, in accordance with the third indent of Article 13 (1) of Directive 76/464/EEC, with an indicative concentration of 2,5 mg/litre.  The Commission will, by 1998, re-examine the quality objectives on the basis of the experience acquired in the application of the present measures.  Heading C (111): reference method of measurement  1. The reference method of measurement to be used for determining the presence of perchloroethylene (PER) in effluents and the water environment is gas chromatography with electron capture detection after extraction by means of an appropriate solvent.  The limit of determination for PER is 10 mg/litre for effluents and 0,1 mg/litre for the water environment.  2. The accuracy and precision of the method must be plus or minus 50 % at a concentration which represents twice the value of the limit of determination.  3. Member States may determine concentrations of PER by reference to the quantity of AOX, EOX or VOX, provided that the Commission is first satisfied that these methods give equivalent results and until the general solvent Directive is adopted.  The Member States concerned will establish regularly the relationship in concentration between PER and the parameter used.  XI. Specific provisions relating to trichlorobenzene (*) (TCB) (117, 118) (**)  (*) Article 5 of Directive 86/280/EEC applies in particular to TCB used as a solvent or colouring support in the textile industry, or as a component of the oils used in transformers until such time as there is specific Community legislation on this subject. Notwithstanding Article 5 (3), Member States must implement their specific programmes no later than 1 January 1993. They must communicate them to the Commission at the same time.  (**) TCB may occur as one of the following three isomers:  - 1, 2, 3-TCB - CAS 87/61-6;  - 1, 2, 4-TCB - CAS 120-82-1 (No 118 of the EEC list);  - 1, 3, 5-TCB - CAS 180-70-3.  Technical TCB (No 117 of the EEC list) is a mixture of these three isomers, with a preponderance of 1,2,4-TCB, and may also contain small quantities of di-and tetrachlorobenzene.  In any case, these provisions apply to the total TCB (the sum of the three isomers).  Heading A (117, 118): limit values for emission standards  Standstill: There must be no significant direct or indirect increase over time in pollution arising from discharges of TCB and affecting concentrations in sediments and/or molluscs and/or shellfish and/or fish.  1.2.3,4.5 //  //  //  //  // Type of industrial plant  // Type of average value   // Limit values expressed as  // To be complied with as from  1.2.3.4.5 //   //   // weight (g/tonne) (1)   // concentration (mg/litre) (2)   //   //  //   //   //   //   // (a) Poduction of TCB via dehydrochlorination of HCH and/or processing TCB   // Monthly Daily   // 25 10 50 20   // 2,5 1 5 2   // 1.1.1993 1.1.1995 1.1.1993 1.1.1995   //    //   //   //   //   // (b) Production and/or processing of chlorobenzenes via chlorination of benzene (3)   // Monthly Daily   // 5 0,5 10 1   // 0,5 0,05 1 0,1  // 1.1.1993 1.1.1995 1.1.1993 1.1.1995   //    //   //   //  //  (1) The limit values for discharges of TCB (sum of the three isomers) are given:  - for sector (a): in relation to the total TCB production capacity,  - for sector (b): in relation to the total production or processing capacity for mono- and dichlorobenzenes. Production or processing capacity is the capacity authorized by the administration or, failing that, the highest annual quantity produced or processed over the four years prior to the granting or review of the authorization. The capacity authorized by the administration should not differ greatly from actual production.  (2) Without prejudice to the provisions of heading A (4) in Annex I, limit concentrations relate to the following reference volumes:  - sector (a): 10 m3/tonne of TCB produced or processed,  - sector (b): 10 m3/tonne of mono- and dichlorobenzene produced or processed.  (3) For the existing plants discharging less than 50 kg/year by 1 January 1995, the limit values which are to be complied with at this date are equal to half of the limit values which are to be complied with as from 1 January 1993.  Heading B (117, 118): quality objectives  Standstill: There must be no significant increase over time in the concentration of TCB in sediments and/or molluscs and/or shellfish and/or fish.  1.2.3 //  //  //  // Environment  // Quality objective (m g/litre)   // To be complied with as from   //    //   //  // Inland surface waters   //   //   // Estuary waters   //  //   // Inland coastal waters other than estuary waters  // 0,4  // 1. 1. 1993   // Territorial waters   //   //   //  //   //  The Commission will compare the results of the monitoring carried out, in accordance with the third indent of Article 13 (1) of Directive 76/464/EEC, with an indicative concentration of 0,1 mg/litre.  The Commission will, by 1998, re-examine the quality objectives on the basis of the experience acquired in the application of the present measures.  Heading C (117, 118): reference method of measurement  1. The reference method of measurement to be used for determining the presence of trichlorobenzene (TCB) in effluents and the water environment is gas chromatography with electron capture detection after extraction by means of an appropriate solvent. The limit of determination for each esomer separately is 1 mg/litre for effluents and 10 ng/litre for the water environment.  2. The reference method to be used for determining TCB in sediments and organisms is gas chromatography with electron capture detection after appropriate preparation of the sample. The limit of determination for each isomer separately is 1 m g/kg of dry matter.  3. Member States may determine concentrations of TCB by reference to the quantity of AOX or EOX, provided that the Commission is first satisfied that these methods give equivalent results and until the general solvent Directive is adopted.  The Member States concerned will establish regularly the relationship in concentration between TCB and the parameter used.  4. The accuracy and precision of the method must be plus or minus 50 % at a concentration which represents twice the value of the limit of determination.sh.       Environment  Quality objective  (mg/litre)  To be complied  with as from      Inland surface waters    Estuary waters    Inland coastal waters other than estuary waters  0,4  1. 1. 1993  Territorial waters       The Commission will compare the results of the monitoring carried out, in accordance with the  third indent of Article 13 (1) of Directive 76/464/EEC, with an indicative concentration of 0,1 mg/litre.  The Commission will, by 1998, re-examine the quality objectives on the basis of the experience acquired in the application of the present measures.  Heading C (117, 118): reference method of measurement  1. The reference method of measurement to be used for determining the presence of trichlorobenzene (TCB) in effluents and the water environment is gas chromatography with electron capture detection after extraction by means of an appropriate solvent.  The limit of determination for each esomer separately is 1 mg/litre for effluents and 10 ng/litre for the water environment.  2. The reference method to be used for determining TCB in sediments and organisms is gas chromatography with electron capture detection after appropriate preparation of the sample. The limit of determination for each isomer separately is 1 mg/kg of dry  matter.  3. Member States may determine concentrations of TCB by reference to the quantity of AOX or EOX, provided that the Commission is first satisfied that these methods give equivalent results and until the general solvent Directive is adopted.  The Member States concerned will establish regularly the relationship in concentration between TCB and the parameter used.  4. The accuracy and precision of the method must be plus or minus 50 % at a concentration which represents twice the value of the limit of determination.'


Avis juridique important

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31992L0055

Council Directive 92/55/EEC of 22 June 1992 amending Directive 77/143/EEC on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (exhaust emissions)

Official Journal L 225 , 10/08/1992 P. 0068 - 0071 Finnish special edition: Chapter 13 Volume 23 P. 0150  Swedish special edition: Chapter 13 Volume 23 P. 0150

COUNCIL DIRECTIVE 92/55/EEC of 22 June 1992 amending Directive 77/143/EEC on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (exhaust emissions)THE COUNCIL OF THE  EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Directive 77/143/EEC (4) provides that all categories of vehicles listed in Annex I thereto must be subject to regular roadworthiness testing;  Whereas that Directive provides for the adoption of separate directives to test the standards which the items listed in Annex II of that Directive must satisfy and for the establishment of technical committee to advise the Commission before it adopts  measures to adjust roadworthiness tests to technical progress;  Whereas this Directive is intended to maintain emissions at a low level throughout the useful life of a vehicle by means of regular exhaust emission tests and to ensure that vehicles which are major polluters are withdrawn from service until they are  brought to a proper state of maintenance;  Whereas most Member States have adopted procedures for testing heavy commerical vehicles with regard to the opacity of their exhaust fumes;  Whereas several Member States have national rules for testing the gaseous emissions from lighter vehicles, particularly passenger cars;  Whereas assessment of the type-approval procedures for testing gaseous emissions and fumes emitted by all types of vehicles shows that applying those procedures in the roadworthiness test presents some difficulty;  Whereas testing during the life cycle of a vehicle should be relatively simple, quick and inexpensive;  Whereas bad tuning and inadequate maintenance are detrimental not only to the engine but also to the environment since they cause increased pollution and fuel consumption;  Whereas it is important that environment-friendly transport be developed;  Whereas in the case of compression ignition (diesel engines) measurement of the opacity of the exhaust fumes is considered to be an adequate indicator of the condition of the vehicle's state of maintenance, with regard to emission;  Whereas for positive ignition petrol engines measurement of carbon monoxide emissions from the exhaust pipe when the engine is idling is considered to be an adequate indicator of the vehicle's state of maintenance, with regard to emission;  Whereas the failure rate in exhaust emission tests for vehicles which have not been regularly maintained may well be high;  Whereas in the case of petrol-engined vehicles for which the type-approval standards specify that they should be equipped with advanced emission control systems such as three-way catalytic converters which are lambda-probe controlled, the regular  emission test standards will be more stringent than for conventional vehicles;  Whereas this Directive will be adapted from time to time to take account of developments in vehicle construction which facilitate in-service testing and in test methods which reflect more closely the actual conditions in which a vehicle is used.  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex II to Directive 77/143/EEC is hereby amended as follows:  1. the two columns in section 8.2 (exhaust emissions) shall be replaced by the text set out in the Annex to this Directive;  2. after section 8.2, the following headings shall be inserted above the 2 columns:   VEHICLES IN CATEGORIES 1, 2, 3 and 4 VEHICLES IN CATEGORIES 5 and 6 Article 2  1. Member States shall adopt and publish the laws, regulations and administrative measures necessary to comply with this Directive within one year from the date of its adoption. They shall forthwith inform the Commission thereof.  2. They shall implement these provisions at the latest by:  - 1 January 1994 for the vehicles referred to in section 8.2.1 (a) of Annex II,  - 1 January 1996 for the vehicles referred to in section 8.2.2 of Annex II;  - 1 January 1997 for the vehicles referred to in section 8.2.1 (b) of Annex II;  3. When the Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or 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.  4. Member States shall communicate to the Commission the text of the provisions of domestic law which they adopt in the field governed by this Directive.  Article 3  This Directive is addressed to the Member States.   Done at Luxembourg, 22 June 1992.  For the Council The President Joaquim FERREIRA DO AMARAL (1) OJ No L 189, 20. 7. 1991, p. 20.(2) OJ No C 150, 15. 6. 1992.(3) OJ No C 49, 24. 2. 1992, p. 64.(4) OJ No L 47, 18. 2. 1977, p. 47. Last amended by Directive 91/328/EEC (OJ No L 178, 6. 7. 1991, p. 29).   ANNEX   VEHICLES IN CATEGORIES 1, 2, 3, 4, 5 and 6  8.2. Exhaust emissions 8.2.1. 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 are no leakages.  2. If appropriate, visual inspection of the emission control system in order to check that the required equipment has been fitted.  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 is that stated by the vehicle manufacturer. Where this information is not available or where Member States' competent authorities decide not to use it as a reference value, the CO content 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 - 4,5 vol %,  - for vehicles registered or put into service for the first time after 1 October 1986:  CO - 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 measuring the lambda value and the CO content of the exhaust gases in accordance with Section 4 or with the procedures proposed by the manufacturers and approved at the time  of type-approval. For each of the tests the engine is conditioned in accordance with the vehicle manufacturer's recommendations.  4. Exhaust pipe emissions - limit values - Measurement at engine idling speed:  The maximum permissible CO content in the exhaust gases is that stated by the vehicle manufacturer. Where this information is not available, the maximum CO content must not exceed 0,5 vol %.  - Measurement at high idle speed, engine speed to be at least 2 000 rpm:  CO content: maximum 0,3 vol % Lambda: 1 +/- 0,03 or in accordance with the manufacturer's specifications.  8.2.2. Motor vehicles equipped with compression ignition (diesel) engines Measurement of exhaust gas opacity with free acceleration (no load from idling up to cut-off speed). The level of concentration must not exceed the level recorded on the plate pursuant to Directive 72/306/EEC (²). Where this information is not available  or where Member States' competent (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 gases from positive-ignition engines of motor vehicles  (OJ No L 76, 9. 3. 1970, p. 1). Last amended by Directive 91/441/EEC, (OJ No L 242, 30. 8. 1991, p. 1.).  (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 No L 190, 20. 8. 1972, p. 1).  Last amended by Commission Directive 89/491/EEC (OJ No L 238, 15. 8. 1989, p. 43).  authorities decide not to use it as a reference, the limit values of the co-efficient of absorption are as follows:  Maximum co-efficient of absorption for:  - Naturally aspirated diesel engines = 2,5 m-1,  - Turbo-charged diesel engines = 3,0 m-1,  or equivalent values where use is made of equipment of a type different from that used for EEC type-approval.  Vehicles registered or put into service for the first time before 1 January 1980 are exempted from these requirements.  8.2.3. Test equipment Vehicle emissions are tested using equipment designed to establish accurately whether the limit values prescribed or indicated by the manufacturer have been complied with.  8.2.4. Where, during EEC type-approval, a type of vehicle is found not to have satisfied the limit values laid down by this Directive, the Member States may lay down higher limit values for that type of vehicle on the basis of proof supplied by the  manufacturer. They must inform the Commission thereof forthwith and it in turn will inform the other Member States.


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31997L0026

Council Directive 97/26/EC of 2 June 1997 amending Directive 91/439/EEC on driving licences

Official Journal L 150 , 07/06/1997 P. 0041 - 0043

COUNCIL DIRECTIVE 97/26/EC of 2 June 1997 amending Directive 91/439/EEC on driving licencesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social committee (2),Acting in accordance with the procedures laid down in Article 189c of the Treaty (3),(1) Whereas Council Directive 91/439/EEC of 29 July 1991 on driving licences (4) provides that national driving licences shall be issued in accordance with the Community model described in Annex I or Ia thereto, and that they shall state the conditions on which the driver is authorized to drive;(2) Whereas the said Annexes I and Ia provide that any additional information or restrictions shall be indicated in code form;(3) Whereas the codes and sub-codes applying to the conditions of issue governed by Directive 91/439/EEC are valid throughout the Community;(4) Whereas, in accordance with the principle of subsidiarity, Community action is needed in order to enable driving licences to be understood and reciprocally recognized, and in order to facilitate the free movement of persons by avoiding the practical problems that would face drivers, road hauliers, administrations and inspectors if Member States were to use differing codes;(5) Whereas provision should be made for a simplified procedure for adapting the technical aspects of the harmonized Community codes listed in Annexes I and Ia and for adapting Annexes II and III to Directive 91/439/EEC;(6) Whereas, in the interests of clarity and of conformity with Council Directive 92/61/EEC of 30 June 1992 relating to the type approval of two or three-wheel motor vehicles (5), the opportunity offered by this amendment should be taken in order to align the definition of the term 'motorcycle` in respect of design speed,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 91/439/EEC is amended as follows:1. In Article 3 (3):(a) in the second indent, '50 km/h` shall be replaced by '45 km/h`;(b) the third indent shall be replaced by the following:'- "motorcycle" means any two-wheel vehicle with or without sidecar, fitted with an engine having a cylinder capacity of more than 50 cm³ if of the internal combustion type and/or having a maximum design speed of more than 45 km/h.`2. The following Articles shall be inserted:'Article 7a1. A subdivision of the harmonized Community codes set out in Annexes I and Ia shall be defined in accordance with the procedure laid down in Article 7b, with particular reference to codes 04, 05, 44 and 55.This procedure shall also be followed for deciding whether the use of certain subdivisions of harmonized Community codes should, if necessary, be made compulsory.2. The amendments necessary to adapt the parts of Annexes I and Ia which concern the harmonized codes and Annexes II and III to scientific and technical progress shall be adopted in accordance with the procedures laid down in Article 7b.Article 7b1. The Commission shall be assisted by a committee on driving licences, hereinafter referred to as 'the committee`, composed of the representatives of the Member States and chaired by the representative of the Commission.2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.(b) 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.`3. In Annex I (2), page 4 of the licence, and in Annex Ia (2), page 2 of the licence, point (a) (12), the first indent shall be replaced by the following:'- codes 01 to 99: harmonized Community codes01 Eyesight correction02 Hearing aid/communication aid03 Prosthesis/orthosis for the limbs04 Subject to the possession of a valid medical certificate05 Driving subject to restrictions for medical reasons10 Modified transmission15 Modified clutch20 Modified braking systems25 Modified accelerator systems30 Modified combined braking and accelerator systems35 Modified control layouts40 Modified steering42 Modified rearview mirror(s)43 Modified driving seat44 Modifications to motorcycles45 Motorcycle combinations only50 Restricted to a specific vehicle/chassis number51 Restricted to a specific vehicle/registration plate55 Combinations of vehicle modifications70 Exchange of licence No . . . issued by . . . (UNECE distinguishing sign in the case of a third country)71 Duplicate of licence No . . . (UNECE distinguishing sign in the case of a third country)72 Restricted to category A vehicles having a maximum cylinder capacity of 125 cm³ and a maximum power of 11 kW (A1)73 Restricted to category B vehicles of the motor tricycle or quadricycle type (B1)74 Restricted to category C vehicles the maximum authorized mass of which does not exceed 7 500 kg (C1)75 Restricted to category D vehicles with not more than 16 passenger seats, excluding the driver's seat (D1)76 Restricted to category C vehicles the maximum authorized mass of which does not exceed 7 500 kg (C1), attached to a trailer the maximum authorized mass of which exceeds 750 kg, provided that the maximum mass of the vehicle train thus formed does not exceed 12 000 kg and that the maximum authorized mass of the trailer does not exceed the unladen mass of the drawing vehicle (C1+E)77 Restricted to category D vehicles with not more than 16 passenger seats, excluding the driver's seat (D1), attached to a trailer the maximum authorized mass of which exceeds 750 kg, provided that (a) the maximum authorized mass of the vehicle train thus does not exceed 12 000 kg and the maximum authorized mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (D1+E)78 Restricted to vehicles with automatic transmission (Annex II, 8.1.1, second paragraph)79 ( . . . ) Restricted to vehicles which comply with the specifications indicated in brackets, in the context of the application of Article 10 (1) of the Directive.`Article 2 1. After consulting the Commission, Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 1 January 1998. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.Article 3 This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Luxembourg, 2 June 1997.For the CouncilThe PresidentH. VAN MIERLO(1) OJ No C 110, 16. 4. 1996, p. 7, andOJ No C 31, 31. 1. 1997, p. 3.(2) OJ No C 204, 15. 7. 1996, p. 20.(3) Opinion delivered on 5 September 1996 (OJ No C 277, 23. 9. 1996, p. 15), common position of the Council of 20 December 1996 (OJ No C 69, 5. 3. 1997, p. 7) and decision of the European Parliament of 9 April 1997 (OJ No C 132, 28. 4. 1997).(4) JO No L 237, 24. 8. 1991, p. 1. Directive as last amended by Directive 96/47/EC (JO No L 235, 17. 9. 1996, p. 1).(5) JO No L 225, 10. 8. 1992, p. 72. Directive as amended by the 1994 Act of Accession.


title: Commission Directive 2011/13/EU of 8 February 2011 amending Directive 98/8/EC of the European Parliament and of the Council to include nonanoic acid as an active substance in Annex I thereto  Text with EEA relevance

text:
               9.2.2011

               EN

               Official Journal of the European Union

               L 34/52

         COMMISSION DIRECTIVE 2011/13/EU
   of 8 February 2011
   amending Directive 98/8/EC of the European Parliament and of the Council to include nonanoic acid as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

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

               (2)

               Pursuant to Regulation (EC) No 1451/2007, nonanoic acid has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product-type 19, repellents and attractants, as defined in Annex V to that Directive.

               (3)

               Austria was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 10 October 2008 in accordance with Article 14(4) and (6) of Regulation (EC) No 1451/2007.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 15(4) of Regulation (EC) No 1451/2007, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 24 September 2010, in an assessment report.

               (5)

               It appears from the evaluations that biocidal products used as repellents and containing nonanoic acid may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. It is therefore appropriate to include nonanoic acid in Annex I to that Directive.

               (6)

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

               (7)

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

               (8)

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

               (9)

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

               (10)

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

               (11)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 31 January 2012 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
   They shall apply those provisions from 1 February 2013.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 8 February 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 123, 24.4.1998, p. 1.

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

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

                     No

                     Common Name

                     IUPAC Name
                     Identification Numbers

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

                     Date of inclusion

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

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘41

                     Nonanoic acid, Pelargonic acid

                                 IUPAC name: Nonanoic acid

                                 EC No: 203-931-2

                                 CAS No: 112-05-0

                     896 g/kg

                     1 February 2013

                     31 January 2015

                     31 January 2023

                     19

                     When assessing the application for authorisation of a product in accordance with Article 5 and Annex VI, Member States shall assess, when relevant for the particular product, those uses or exposure scenarios and those risks to environmental compartments and populations that have not been representatively addressed in Union level risk assessment.’

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


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32004L0057

Commission Directive 2004/57/EC of 23 April 2004 on the identification of pyrotechnic articles and certain ammunition for the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses (Text with EEA relevance)

Official Journal L 127 , 29/04/2004 P. 0073 - 0080

Commission Directive 2004/57/ECof 23 April 2004on the identification of pyrotechnic articles and certain ammunition for the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses(1) and in particular Article 13(3) thereof,Whereas:(1) Directive 93/15/EEC applies to explosive materials and articles which are considered to be such in the United Nations Recommendations on the transport of dangerous goods and which fall within Class 1 of those recommendations. Pyrotechnic articles, however, are expressly excluded from the scope of that Directive.(2) Consequently, in order to ensure the uniform application of Directive 93/15/EEC throughout the Community, it is necessary to identify, by reference to the relevant United Nations recommendations, articles which are to be considered to be pyrotechnic.(3) Certain articles falling within Class 1 of the United Nations recommendations have a dual function, since it is possible to use them either as explosives or as pyrotechnic articles. Provision should therefore be made, in the interests of the consistent application of Directive 93/15/EEC, for the identification of those articles in terms of their predominant character, that is to say, as explosives or as pyrotechnic articles.(4) The measures provided for in this Directive are in accordance with the opinion of the Committee established under Article 13 of Directive 93/15/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to this Directive lists, for the purposes of implementing the second and in part the third indent of Article 1(3) of Directive 93/15/EEC, the articles considered in the relevant United Nations recommendations to be pyrotechnic articles or ammunition.Article 2Annex II to this Directive lists articles in respect of which a determination is required, for the purposes of implementing the second indent of Article 1(3) of Directive 93/15/EEC, as to whether those articles are pyrotechnic articles or explosives.Article 31. Member States shall adopt and publish, by 31 December 2004 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 these provisions from 31 January 2005.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 4This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 5This Directive is addressed to the Member States.Done at Brussels, 23 April 2004.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 121, 15.5.1993, p. 20.ANNEX IArticles considered in the relevant United Nations recommendations to be pyrotechnic or ammunition>TABLE>>TABLE>ANNEX IIArticles in respect of which a determination is required as to whether those articles are pyrotechnic articles or explosives>TABLE>>TABLE>


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31993L0045

Commission Directive 93/45/EEC of 17 June 1993 concerning the manufacture of nectars without the addition of sugars or honey

Official Journal L 159 , 01/07/1993 P. 0133 - 0133 Finnish special edition: Chapter 13 Volume 24 P. 0079  Swedish special edition: Chapter 13 Volume 24 P. 0079

COMMISSION DIRECTIVE 93/45/EEC of 17 June 1993 concerning the manufacture of nectars without the addition of sugars or honeyTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 75/726/EEC of 17 November 1975 on the approximation of the laws of the Member States concerning fruit juices and certain similar products (1), as last amended by Directive 89/394/EEC (2). and in particular Article 1  (7) (b) thereof, which provides that in the case of certain fruits whose juice has a high natural sugar content, nectar may be produced from them without the addition of sugars,  Whereas the fruits listed in points II and III of the Annex to Directive 75/726/EEC, and apricots, can have a naturally high sugar content and thus fall into the category in question;  Whereas, therefore, when the conditions are met, it is appropriate to authorize the production of nectars without the addition of sugars or honey;  Whereas, in view of the scope and effects of the action envisaged, the Community measures laid down by this Directive are not only necessary but also indispensable to the achievement of the objectives set; whereas these objectives cannot be achieved by  the Member States individually; whereas, moreover, such Community level objectives are already set out in Directive 75/726/EEC;  Whereas the list laid down by this Directive is in accordance with the opinion of the Standing Committee for Foodstuffs,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The fruits set out in points II and III of the Annex to Directive 75/726/EEC, and apricots, can be used, individually or mixed together, to manufacture nectars without the addition of sugars or honey where their naturally high sugar content  so warrants.  Article 2  1. Member States shall take the necessary legislative, regulatory and administrative measures to comply with this Directive no later than 31 December 1993.  They shall forthwith inform the Commission thereof.  2. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 17 June 1993.  For the Commission Martin BANGEMANN Member of the Commission (1) OJ No L 311, 1. 12. 1975, p. 40.  (2) OJ No L 186, 30. 6. 1989, p. 14.


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31968L0364

Council Directive 68/364/EEC of 15 October 1968 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in retail trade (ISIC ex Group 612)

Official Journal L 260 , 22/10/1968 P. 0006 - 0009 Finnish special edition: Chapter 6 Volume 1 P. 0069  Danish special edition: Series I Chapter 1968(II) P. 0493  Swedish special edition: Chapter 6 Volume 1 P. 0069  English special edition: Series I Chapter 1968(II) P. 0501  Greek special edition: Chapter 06 Volume 1 P. 0092  Spanish special edition: Chapter 06 Volume 1 P. 0090  Portuguese special edition Chapter 06 Volume 1 P. 0090

COUNCIL DIRECTIVE  of 15 October 1968  laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in retail trade (ISIC ex Group 612)  (68/364/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2), 57, 63 (2) and 66 thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment 1, and in particular the second and third paragraphs of Title V thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide services 2, and in particular the second and third paragraphs of Title VI thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 3;  Having regard to the Opinion of the Economic and Social Committee 4;  Whereas, besides making provision for the abolition of restrictions, the General Programmes provide that it should be examined whether such abolition should be preceded, accompanied or followed by mutual recognition of diplomas, certificates and other evidence of formal qualifications, and by the co-ordination of provisions laid down by law, regulation or administrative action concerning the taking up and pursuit of the activities in question, and whether, if need be, transitional measures should be adopted pending such recognition or co-ordination;  Whereas not all Member States impose conditions for the taking up and pursuit of activities in retail trade ; whereas, while in some cases there is freedom to take up and pursue such activities, in other cases there are stringent provisions making the taking up and pursuit thereof subject to possession of formal qualifications;  Whereas the Council, at the time of approving the General Programmes, found that in respect of retail trade co-ordination and recognition pose problems the solution of which requires detailed preparation;  Whereas it is therefore not possible to effect the co-ordination provided for at the same time as the abolition of restrictions ; whereas such co-ordination must be effected at a later date;  Whereas, in the absence of immediate co-ordination, it nevertheless appears desirable to make it easier to attain freedom of establishment and freedom to provide services in respect of the activities in question by the adoption of transitional measures of the kind envisaged in the General Programmes ; whereas this should be done primarily in order to avoid causing exceptional difficulties for nationals of Member States in which the taking up of such activities is not subject to any conditions;  Whereas, in order to prevent such difficulties arising, the main object of the transitional measures should be to allow, as sufficient qualification for taking up the activities in question in host States which have rules governing the taking up of such activities, the fact the occupation has been pursued in a Community country other than the host country for a reasonable period of time, such period being, in cases where no previous training is required, sufficiently recent to ensure that the person concerned possesses professional knowledge equivalent to that required of the host country's own nationals;  Whereas the rules of the host country will apply for the purpose of delimiting the branch of trade referred to in the last subparagraph of Article 4 (1) of this Directive;  Whereas the transitional measures already adopted cover inter alia the professional activities of intermediaries who carry out wholesale selling by auction on behalf of others ; and whereas the provisions of  1OJ No 2, 15.1.1962, p. 36/62. 2OJ No 2, 15.1.1962, p. 32/62. 3OJ No 187, 9.11.1965, p. 2919/65. 4OJ No 199, 20.11.1965, p. 3014/65.   those transitional measures may be made to apply to retail selling by auction;  Whereas the transitional measures provided for in this Directive apply to activities of self-employed persons in retail trade covered by Article 2 of the Council Directive of 15 October 1968 1 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in retail trade (ISIC ex Group 612);  Whereas, owing to differences in the views taken by the various Member States of certain activities, it can happen that an activity which in one State is regarded as falling within retail trade may in another be regarded as falling within the food manufacturing and beverage industries ; whereas, to resolve any difficulties caused by such differences, the definitions given in the laws of the host country should be referred to in each case in order to determine which Directive on transitional measures should be applied;  Whereas, as regards States which do not make the taking up of the activities in question subject to any rules, in order to avoid a disproportionate influx into those States of persons who are unable to satisfy the conditions laid down in respect of the taking up and pursuit of such activities in the country whence they come, provision should be made for those States to be authorised, where appropriate and in respect of one or more activities, to require nationals of other Member States to furnish proof that they are qualified to pursue the activity in question in the country whence they come;  Whereas, however, considerable caution should be exercised in granting such authorisations, for, if too generally applied, they might hinder freedom of movement ; whereas they should therefore be limited, both as to their period of validity and as to their scope, and, as is generally provided in the Treaty in respect of the administration of protective measures, the granting of such authorisations should be entrusted to the Commission,  Whereas the main purpose of the measures provided for in this Directive will disappear once the co-ordination of conditions for the taking up and pursuit of the activities in question and the mutual recognition of diplomas, certificates and other formal evidence of qualifications has been achieved;  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Member States, acting in accordance with the provisions hereinafter laid down, shall adopt the following transitional measures in respect of establishment or provision of services in their territories by natural persons or companies or firms covered by Title I of the General Programmes (hereinafter called "beneficiaries") wishing to engage in the activities of self-employed persons referred to in paragraph 2.  2. The activities in question are those covered by the Council Directive of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in retail trade (ISIC ex Group 612), with the exception of activities of intermediaries who carry out retail selling by auction on behalf of others.  3. The professional activities of intermediaries who carry out retail selling by auction on behalf of other persons are governed, as regards transitional measures, by the provisions of Article 2 et seq of the Council Directive of 25 February 1964 laying down detailed provisions concerning transitional measures in respect of activities in wholesale trade and activities of intermediaries in commerce, industry and small craft industries.   Article 2 Where, according to the laws of a Member State, certain activities fall not within retail trade but rather within the food manufacturing industry or the beverage industry, the appropriate Directive laying down detailed provisions concerning transitional measures in the field in question shall apply to those activities in that Member State.   Article 3 Member States in which the taking up or pursuit of any activity referred to in Article 1 (2) is subject to possession of certain qualifications shall ensure that any beneficiary who applies therefor be provided, before he establishes himself or before he begins to pursue any activity on a temporary basis, with information as to the rules governing the occupation which he proposes to pursue.   Article 4 1. Where, in a Member State, the taking up or pursuit of any activity referred to in Article 1 (2) is dependent on the possession or general, commercial, or professional knowledge and ability, that Member State shall accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for any of the following periods:  1OJ No L 260, 22.10.1968, p. 1.     (a) three consecutive years either in an independent capacity or in a managerial capacity;       (b) two consecutive years either in an independent capacity or in a managerial capacity, where the beneficiary can prove that for the occupation in question he has received previous tranining, attested by a certificate recognised by the State, or regarded by the competent professional or trade body as fully satisfying its requirements ; or       (c) two consecutive years in an independent capacity or in a managerial capacity, where the beneficiary can prove that he has pursued the occupation in question for at least three years in a non-independent capacity ; or       (d) three consecutive years in a non-independent capacity where the beneficiary can prove that for the occupation in question he has received previous training, attested by a certificate recognised by the State or regarded by the competent professional or trade body as fully satisfying its requirements.       The host Member State may require of nationals of other Member States, in so far as it so requires of its own nationals, that the activity in question should have been pursued, and vocational training received, in the branch of trade (or in a related branch) in the host country in which the beneficiary wishes to establish himself.   2. In the cases referred to in subparagraphs (a) and (c) of paragraph 1 pursuit of the activity shall not have ceased more than ten years before the date when the application provided for in Article 6 (2) is made. However, where a shorter period is laid down in a Member State for its own nationals, that period may also be applied in respect of beneficiaries.   Article 5 1. Where, in a Member State, the taking up or pursuit of any activity referred to in Article 1 (2) is not subject to the possession of general, commercial or professional knowledge or ability, that State may, if serious difficulties result from the application of the Council Directive referred to in Article 1 (2), request from the Commission authorisation, for a limited period and in respect of one or more specified activities, to require from nationals of other Member States who wish to pursue those activities in its territory proof that they possess the qualifications required for the pursuit of such activities, either in an independent capacity or in a managerial capacity, in the country whence they come.  Use shall not be made of this power in respect of a person who comes from a country which does not make the taking up of the activity in question subject to proof of particular knowledge, or in respect of a person who has lived in the host country for at least five years.  2. On receipt of a request from the Member State concerned stating the reasons on which it is based, the Commission shall forthwith specify the conditions on which the authorisation provided for in paragraph 1 of this Article will be granted and lay down detailed rules concerning its implementation.   Article 6 1. A person shall be regarded as having pursued an activity in a managerial capacity within the meaning of Articles 4 and 5 if he has pursued such an activity in an industrial or commercial undertaking in the field in question:    (a) as manager of an undertaking or manager of a branch of an undertaking ; or       (b) as deputy to the proprietor or to the manager of an undertaking, where such post involves responsibility equivalent to that of the proprietor or manager represented ; or       (c) in a managerial post with duties of a commercial nature and with responsibility for one or more departments of the undertaking         2. Proof that the conditions laid down in Article 4 (1) or in Article 5 (1) are satisfied shall be established by certificates issued by the competent authority or body in the country whence the person concerned comes, which such person shall submit in support of his application for authorisation to pursue the activity or activities in question in the host country.  3. Member States shall, within the time limit laid down in Article 8, designate the authorities and bodies competent to issue these certificates and shall forthwith inform the other Member States and the Commission thereof.   Article 7 The provisions of this Directive shall remain applicable until the entry into force of provisions relating to the co-ordination of national rules concerning the taking up and pursuit of the activities in question.   Article 8 Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.    Article 9 Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 10 This Directive is addressed to the Member States.     Done at Luxembourg, 15 October 1968.  For the Council  The President  G. SEDATI


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31987L0164

Council Directive 87/164/EEC of 2 March 1987 amending, on account of the accession of Spain, Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer

Official Journal L 066 , 11/03/1987 P. 0011 - 0011 Finnish special edition: Chapter 5 Volume 4 P. 0090  Swedish special edition: Chapter 5 Volume 4 P. 0090

*****COUNCIL  DIRECTIVE  of 2 March 1987  amending, on account of the accession of Spain, Directive 80/987/EEC on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer  (87/164/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Treaty of Accession of Spain and Portugal, and in particular Article 2 (3) thereof and to the Act of Accession attached thereto, and in particular Article 396 thereof,  Having regard to the proposal from the Commission,  Whereas Article 1 (2) of Directive 80/987/EEC (1) provides that Member States may, by way of exception, exclude claims by certain categories of employee from the scope of the Directive by virtue of the special nature of the employee's contract of employment or employment relationship;  Whereas, under the said provision, the Kingdom of Spain has applied to have domestic servants employed by a natural persona excluded from the scope of the said Directive, by virtue of the special nature of their employment relationship;  Whereas it is therefore necessary to amend the Annex to Directive 80/987/EEC in accordance with the guidelines laid down by Annex II, Chapter V, point 4 to the Act of Accession,  HAS ADOPTED THIS DIRECTIVE:  Article 1  With effect from 1 January 1986, section I of the Annex to Directive 80/987/EEC is amended as follows:  (a) after 'A. GREECE', the following is inserted:  'B. SPAIN  Domestic servants employed by a natural person.';  (b) B, C and D become respectively C, D and E.  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 2 March 1987.  For the Council  The President  P. DE KEERSMAEKER  (1) OJ No L 283, 28. 10. 1980, p. 23.


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31994L0001

Commission Directive 94/1/EC of 6 January 1994 adapting some technicalities of Council Directive 75/324/EEC on the approximation of the laws of the relating Member States to aerosol dispensers

Official Journal L 023 , 28/01/1994 P. 0028 - 0029 Finnish special edition: Chapter 13 Volume 25 P. 0242  Swedish special edition: Chapter 13 Volume 25 P. 0242

COMMISSION DIRECTIVE 94/1/EC of 6 January 1994 adapting some technicalities of Council Directive 75/324/EEC on the approximation of the laws of the relating Member States to aerosol dispensersTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 10 (3)  thereof,  Whereas the safeguard clause provided for in Article 10 of Directive 75/324/EEC has been applied by one Member State;  Whereas the safeguard measures adopted are justified in view of the risks associated with the increased use in aerosol dispensers of extremely flammable propellants as substitutes for chlorofluorocarbons (CFCs);  Whereas certain substances and/or preparations contained in certain aerosol dispensers are particularly flammable;  Whereas the provisions currently in force are not sufficient to prevent certain aerosol dispensers from constituting a safety hazard; whereas these provisions should therefore be adapted;  Whereas some aerosol dispensers, while containing flammable substances and/or preparations, do not present any risk of ignition, whereas a derogation from certain labelling requirements should therefore be provided;  Whereas the provisions contained in this Directive are in accordance with the opinion of the committee on adaptation to technical progress,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 75/324/EEC is hereby amended as follows:  1. Article 8 (1) (d) is replaced by the following:  '(d) the details referred to in points 2.2 and 2.3 of the Annex;' 2. The following Article is inserted after Article 9:  'Article 9a Where the person responsible for the marketing of aerosol dispensers is in possession of test results or other data showing that although those aerosol dispensers have flammable contents they do not present any risk of ignition under normal or  reasonably foreseeable conditions of use, he may on his own responsibility decide not to apply the provisions of points 2.2 (b) and 2.3 (b) of the Annex.  He shall make a copy of such documents available to the Member States.  In such a case the quantity of flammable material contained in the aerosol dispenser must be stated cleraly on the label, in the form of the following legible and indelible wording: "X % by mass of the contents are flammable".' 3. The Annex is amended as shown in the Annex hereto.   Article 2  1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 1 October 1994. 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.  They shall apply the provisions as from 1 April 1995.  2. Member States shall communicate to the Commission the texts of the 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 its publication in the Official Journal of the European Communities.  Done at Brussels, 6 January 1994.  For the Commission Martin BANGEMANN Member of the Commission  (1) OJ No L 147, 9. 6. 1975, p. 40.      ANNEX  The Annex to Directive 75/324/EEC is amended as follows:  (a) Point 1.8 is replaced by the following:  '1.8. Flammable contents "Flammable contents" means the substances and preparations corresponding to the criteria laid down for the categories "extremely flammable", "highly flammable" and "flammable" and listed in Annex VI to Council Directive 67/548/EEC.  The flammability and flash point of the contents of the container shall be determined using the specific methods described in Part A of Annex V to the abovementioned Directive.' (b) Point 2.2 is replaced by the following:  '2.2. Labelling Without prejudice to the Directives relating to the classification, packaging and labelling of dangerous substances and preparations, particularly as regards danger to health and/or the environment, any aerosol dispenser must visibly bear the following  legible and indelible marking:  (a) Whatever its contents: "Pressurized container: protect from sunlight and do not expose to temperatures exceeding 50 °C. Do not pierce or burn, even after use.";  (b) Where the contents are flammable within the meaning of point 1.8: the flame symbol where appropriate, the indication that the substances and/or preparations contained in the aerosol dispenser, including the propellant, are flammable and the relevant  risk phrases determined in accordance with the criteria in points 2.2.3, 2.2.4 or 2.2.5 of Annex VI to Directive 67/548/EEC and, as regards the flame symbol and the indication of danger, in accordance with the provisions of Annex II to the  abovementioned Directive.  2.3. Special statements concerning use Without prejudice to the Directives relating to the classification, packaging and labelling of dangerous substances and preparations, particularly as regards danger to health and/or the environment, any aerosol dispenser must visibly bear the following  legible and indelible wording:  (a) Whatever its contents: the additional operating precautions which alert consumers to the specific dangers of the product;  (b) Where the contents are flammable, the following warnings:  - "Do not spray on a naked flame or any incandescent material." - "Keep away from sources of ignition - No smoking." - "Keep out of the reach of children".'.