Avis juridique important

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31996L0069

Directive 96/69/EC of the European Parliament and of the Council of 8 October 1996 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles

Official Journal L 282 , 01/11/1996 P. 0064 - 0067

DIRECTIVE 96/69/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 October 1996 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehiclesTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a 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 procedure laid down in Article 189b of the Treaty (3),(1) Whereas measures should be adopted within the framework of the attainment of the objectives of the internal market; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;(2) Whereas the first programme of action of the European Community on protection of the environment (4), approved by the Council on 22 November 1973, called for account to be taken of the latest scientific advances in combating atmospheric pollution caused by gases emitted from motor vehicles and for Directives adopted previously to be amended accordingly; whereas the fifth programme of action, the general approach of which was approved by the Council in its resolution of 1 February 1993 (5), provides for additional efforts to be made to effect a considerable reduction in the present level of pollutants emitted from motor vehicles;(3) Whereas the objective of reducing the level of pollutant emissions from motor vehicles and the operation of the internal market for vehicles cannot be sufficiently achieved by individual Member States; whereas they can, however, be better achieved at Community level by the approximation of the laws of the Member States relating to measures to be taken against air pollution by motor vehicles;(4) Whereas it is recognized that the development of transport in the Community has entailed significant constraints for the environment and that there is a risk of increased deterioration thereof; whereas official estimates of the increase in traffic density made hitherto have been exceeded by the actual trend throughout the Community and whereas for that reason very stringent emission standards should be laid down for all motor vehicles;(5) Whereas in 1993 the Commission adopted a European programme on emissions, fuels and engine technologies (Epefe); whereas that programme was established to ensure that proposals for future Directives on pollutant emissions seek the best solutions for the environment, for the consumer and for the economy; whereas, it deals with the pollution emitted by motor vehicles and the fuels which propel them;(6) Whereas Directive 70/220/EEC (6), which deals with the measures to be taken against air pollution by emissions from motor vehicles, is one of the separate Directives under the type-approval procedure laid down by Directive 70/156/EEC (7);(7) Whereas Directive 70/220/EEC lays down the limit values for carbon monoxide and unburnt hydrocarbon emissions from the engines of such vehicles; whereas these limit values were first reduced by Council Directive 74/290/EEC (8) and supplemented, in accordance with Commission Directive 77/102/EEC (9), by limit values for permissible emissions of nitrogen oxides; whereas the limit values for those three pollutants were successively reduced by Commission Directive 78/665/EEC (10) and Council Directives 83/351/EEC (11) and 88/76/EEC (12); whereas limit values for particulate pollutant emissions from diesel engines were introduced by Directive 88/436/EEC (13); whereas more stringent European standards for emissions of gaseous pollutants from motor vehicles below 1 400 cm³ were introduced by Directive 89/458/EEC (14); whereas those standards have been extended to all passenger cars independently of their engine capacity on the basis of an improved European test procedure including an extra-urban driving cycle; whereas requirements relating to the evaporative emissions and to the durability of emission-reducing vehicle components as well as more stringent particulate pollutant standards for motor vehicles equipped with diesel engines were introduced by Directive 91/441/EEC (15); whereas passenger cars designed to carry more than six passengers, including the driver, or having a maximum mass of more than 2 500 kg, light commercial vehicles and off-road vehicles covered by Directive 70/220/EEC have, pursuant to Directive 93/59/EEC (16), been subject to standards as stringent as those for passenger cars, taking into account the specific features of such vehicles; whereas the standards for passenger cars have been rendered more stringent by Directive 94/12/EC, which also introduced a new method for checking on the conformity of production; whereas it is necessary to harmonize the standards for light commercial vehicles with those for passenger cars so as to make them at least as stringent as those for passenger cars;(8) Whereas the work undertaken by the Commission in this field has shown that the best technology currently available to the Community industry can be further improved in order to allow light commercial vehicles to comply with considerably reduced emission limits; whereas the same is true of other new technologies which are emerging; whereas the proposed standards will apply both to the approval of new vehicle types and to checks on conformity of production, since the amended method of sampling and statistical evaluation enables the tolerances allowed for the limit values set under previous stages of value reduction pursuant to Directive 70/220/EEC to be removed;(9) Whereas the Commission has examined the feasibility of amalgamating vehicle classes II and III, the actual conditions under which light commercial vehicles are driven in urban and extra-urban traffic and the special characteristics of those vehicles;(10) Whereas Member States should be allowed to expedite, by means of tax incentives, the placing on the market of vehicles which satisfy the requirements adopted at Community level, such incentives having to comply with the provisions of the Treaty and satisfy certain conditions intended to avoid distortions of the internal market; whereas this Directive does not affect the Member States' right to include emissions of pollutants and other substances in the basis on which road traffic taxes on motor vehicles are calculated;(11) Whereas the prior notification requirement of this Directive stands without prejudice to notification requirements under other provisions of Community law, notably Article 93 (3) of the Treaty;(12) Whereas it is appropriate that the European Parliament and the Council should adopt, by 31 December 1997, the requirements valid for the stage beginning in 2000, on the basis of a proposal which the Commission must submit by 30 June 1996 and which is to be aimed at substantially reducing emissions from light commercial vehicles;(13) Whereas the measures to reduce air pollution emissions from the year 2000 must form part of an integrated and multidirectional approach embracing all measures for reducing air pollution due to road traffic; whereas all the parameters set out in Article 4 of Directive 94/12/EC are relevant; whereas, for the requirements valid as from the year 2000, the aim should be, for light commercial vehicles, to lay down standards of equivalent stringency to those laid down for passenger cars employing an emission reduction technology of a uniform technical level, account being taken of the special characteristics of light commercial vehicles and, for vehicles of category N1, classes II and III, of the need to take into consideration any appropriate stipulations as to durability; whereas the Commission must undertake an analysis of the environmental, technological and cost-efficiency aspects and provide, by the end of June 1996, quantified objectives for the adoption of Community measures applicable from the year 2000,HAVE ADOPTED THIS DIRECTIVE:Article 1 Annex I to Directive 70/220/EEC shall be amended in accordance with the Annex to this Directive.Article 2 1. With effect from 1 October 1996, Member States must accept compliance with the requirements of Directive 70/220/EEC, as amended by this Directive, for the purposes of Articles 4 (1) and 7 (1) of Directive 70/156/EEC.2. With effect from 1 January 1997 for vehicles of class I and with effect from 1 January 1998 for vehicles of classes II and III, Member States may no longer grant:- EC type-approval in accordance with Article 4 (1) of Directive 70/156/EEC, or- national type-approval, except where the provisions of Article 8 (2) of Directive 70/156/EEC are invoked,for a vehicle type on grounds related to air pollution by engine emissions, if it fails to comply with Directive 70/220/EEC, as amended by this Directive.3. With effect from 1 October 1997 for vehicles of class I and with effect from 1 October 1998 for vehicles of classes II and III, Member States must:- consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC as no longer valid for the purposes of Article 7 (1) of that Directive; and- refuse the registration, sale or entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC, except where the provisions of Article 8 (2) of Directive 70/156/EEC are invoked,on grounds relating to air pollution by engine emissions, if the requirements of Directive 70/220/EEC, as amended by this Directive, are not fulfilled.Article 3 Member States may make provision for tax incentives only in respect of motor vehicles which comply with Directive 70/220/EEC, as amended by this Directive. Such incentives must comply with the provisions of the Treaty and satisfy the following conditions:- they shall be valid for all new vehicles offered for sale on the market of a Member State which comply in advance with the requirements of Directive 70/220/EEC, as amended by this Directive,- they shall cease on the dates set in Article 2 (3) for the mandatory application of emission values for new motor vehicles,- for each type of motor vehicle they shall be for an amount lower than the additional cost of the technical devices introduced to ensure compliance with the values set and their installation on the vehicle.The Commission shall be informed of any plans to institute or change the tax incentives referred to in the first paragraph in sufficient time to submit its observations.Article 4 The European Parliament and the Council, acting under the conditions laid down in the Treaty, shall decide by 31 December 1997 on proposals, to be submitted by the Commission by 30 June 1996, for a further stage in the reduction, by the adoption of Community measures, of air pollution caused by emissions from motor vehicles covered by this Directive. The measures will apply from the year 2000.In these proposals, the Commission will follow the approach outlined in Article 4 of Directive 94/12/EC.Article 5 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 October 1996. 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 to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Article 6 This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 7 This Directive is addressed to the Member States.Done at Brussels, 8 October 1996.For the European ParliamentThe PresidentK. HÄNSCHFor the CouncilThe PresidentP. RABBITTE(1) OJ No C 390, 31. 12. 1994, p. 26, and OJ No C 19, 23. 1. 1996, p. 13.(2) OJ No C 201, 26. 7. 1993, p. 9.(3) Opinion of the European Parliament of 20 September 1995 (OJ No C 269, 16. 10. 1995, p. 82), common position of the Council of 22 December 1995 (OJ No C 37, 9. 2. 1996, p. 23) and Decision of the European Parliament of 9 May 1996 (OJ No C 152, 27. 5. 1996, p. 44).(4) OJ No C 112, 20. 12. 1973, p. 1.(5) OJ No C 138, 17. 5. 1993, p. 1.(6) OJ No L 76, 6. 4. 1970, p. 1. Directive as last amended by Directive 94/12/EC (OJ No L 100, 19. 4. 1994, p. 42).(7) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by Commission Directive 95/54/EC (OJ No L 266, 8. 11. 1995, p. 1).(8) OJ No L 159, 15. 6. 1974, p. 61.(9) OJ No L 32, 3. 2. 1977, p. 32.(10) OJ No L 223, 14. 8. 1978, p. 48.(11) OJ No L 197, 20. 7. 1983, p. 1.(12) OJ No L 36, 9. 2. 1988, p. 1.(13) OJ No L 214, 6. 8. 1988, p. 1.(14) OJ No L 226, 3. 8. 1989, p. 1.(15) OJ No L 242, 30. 8. 1991, p. 1.(16) OJ No L 186, 28. 7. 1993, p. 21.ANNEX Amendments to the Annexes to Directive 70/220/EEC as amended by Directive 93/59/EEC The table in Section 5.3.1.4 is replaced by the following:>TABLE>(1) Except:- vehicles designed to carry more than six occupants including the driver,- vehicles whose maximum mass exceed 2 500 kg.(2) And those category M vehicles which are specified in footnote (2).


Avis juridique important

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31972L0245

Council Directive 72/245/EEC of 20 June 1972 on the approximation of the laws of the Member States relating to the suppression of radio interference produced by spark-ignition engines fitted to motor vehicles

Official Journal L 152 , 06/07/1972 P. 0015 - 0024 Finnish special edition: Chapter 13 Volume 2 P. 0104  Danish special edition: Series I Chapter 1972(II) P. 0609  Swedish special edition: Chapter 13 Volume 2 P. 0104  English special edition: Series I Chapter 1972(II) P. 0637  - 0645 Greek special edition: Chapter 13 Volume 1 P. 0250  Spanish special edition: Chapter 13 Volume 2 P. 0117  Portuguese special edition Chapter 13 Volume 2 P. 0117

COUNCIL DIRECTIVE of 20 June 1972 on the approximation of the laws of the Member States relating to the suppression of radio interference produced by spark-ignition engines fitted to motor vehicles (72/245/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament;  Having regard to the Opinion of the Economic and Social Committee;  Whereas the technical requirements which motor vehicles fitted with a spark-ignition engine must satisfy pursuant to national laws relate, inter alia, to the suppression of radio interference produced by such vehicles;  Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing requirements, in order, in particular, to allow the EEC type approval procedure which was the subject of the Council Directive of 6 February 1970 1 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers to be applied in respect of each type of vehicle;  Whereas it is desirable to follow the technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 10 (Uniform provisions concerning the approval of vehicles with regard to radio interference suppression), which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts 2;  HAS ADOPTED THIS DIRECTIVE:   Article 1 For the purposes of this Directive, "vehicle" means any motor vehicle fitted with a high-voltage ignition system, intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails, agricultural tractors and machinery, and public works vehicles.   Article 2 No Member State may refuse to grant EEC type approval or national type approval of a vehicle on grounds relating to the radio interference produced by the electric ignition systems of its propulsion engine or engines if such vehicle is fitted with an interference suppressor meeting the requirements set out in the Annexes.   Article 3 The Member State which has granted type approval shall take the necessary measures to be informed of any modification of a part or characteristic referred to in item 2.2 of Annex I. The competent authorities of that State shall determine whether fresh tests should be carried out on the modified prototype and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.  1OJ No L 42, 23.2.1970, p. 1. 2 >PIC FILE= "T0010807">   Article 4 The amendments necessary for adjusting the requirements of the Annexes so as to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive of 6 February 1970 on the type approval of motor vehicles and their trailers.   Article 5 1. Member States shall put into force the provisions needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.  2. 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 6 This Directive is addressed to the Member States.    Done at Luxembourg, 20 June 1972.  For the Council  The President  J.P. BUCHLER   ANNEX I 1 DEFINITIONS, APPLICATION FOR EEC TYPE APPROVAL, MARKINGS, EEC TYPE APPROVAL, SPECIFICATIONS, TESTS, CONFORMITY OF PRODUCTION   (1)   2. DEFINITIONS  For the purposes of this Directive,  (2.1)    2.2. "Vehicle type as regards radio interference suppression" means motor vehicles which do not differ in such essential respects as:  2.2.1 the shapes and constituent materials of the part of the body forming the engine compartment and the part of the passenger compartment nearest to it;    2.2.2 the type of engine (whether two- or four-stroke, number and capacity of cylinders, number of carburettors, arrangement of valves, maximum power and corresponding r.p.m.);    2.2.3 the position or model of the ignition circuit components (coil, distributor, sparking plugs, screening etc.);    2.2.4 the position of metal components housed in the engine compartment (eg heating appliances, spare wheel, air filter etc.);     2.3. "Limitation of radio interference" means a reduction of radio interference in the sound-broadcasting and television frequency bands to a level such that there is no appreciable interference with the functioning of receivers not carried on the vehicle itself ; this condition is fulfilled if the level of interference remains below the limits laid down in item 6.2.2 below;   2.4. "Radio interference suppression equipment" means a complete set of components necessary for limiting radio interference from the ignition system of a motor vehicle. Radio interference suppression equipment also includes earthing strips and screening components incorporated specially for radio interference suppression; 1The text of the Annexes corresponds to that of Regulation No 10 of the UN Economic Commission for Europe ; in particular the breakdown into items is the same ; for this reason, where an item of Regulation No 10 has no counterpart in this Directive, its number is given in brackets as a token entry.   2.5. "Suppression equipment of different types" means sets of equipment which differ in such essential respects as:   2.5.1 that their components bear different trade names or marks;      2.5.2 that the "high-frequency" characteristics of a component are different or their components differ in shape or size;      2.5.3 that the operating principles of at least one component are different;      2.5.4 that their components are assembled differently.      2.6. "Suppression equipment component" means one of the individual constituent parts of the suppression equipment.        3. APPLICATION FOR EEC TYPE APPROVAL    3.1 The application for EEC type approval of a vehicle type with regard to radio interference suppression shall be submitted by the vehicle manufacturer or by his authorized representative.        3.2 It shall be accompanied by the following documents in triplicate and by the following particulars:     3.2.1 a description of the vehicle type with regard to the items mentioned in item 2.2 above, accompanied by an exploded view or a photograph of the engine compartment. The numbers and/or symbols identifying the engine type and the vehicle type shall be shown;          3.2.2 a list of the components, duly identified' constituting the radio interference suppression equipment;          3.2.3 detailed drawings of each component to enable it to be easily located and identified;          3.2.4 particulars of the nominal value of the direct-current resistances, and, in the case of resistive ignition cables, of their nominal resistance per metre.                  3.3 In addition, the application for EEC type approval shall be accompanied by a sample of the radio interference suppression equipment.        3.4 A vehicle representative of the vehicle type to be approved shall be submitted to the technical service responsible for the type approval tests.              4. MARKINGS     4.1 The radio interference suppression equipment components shall bear:      4.1.1 the trade name or mark of the manufacturers of the equipment and its components;            4.1.2 the trade description given by the manufacturer.                      4.2 The markings shall be repeated on the radio interference suppression cables at intervals of not more than twelve centimetres.          4.3 These markings shall be clearly legible and indelible.         5. TYPE APPROVAL  (5.1)   5.2)   5.3 A form conforming to the model in Annex IV shall be attached to the EEC type approval certificate.   (5.4)   (5.5)   (5.6)         6. SPECIFICATIONS      6.1 General specifications  The components of the radio interference suppression equipment shall be so designed, constructed and fitted so as to enable the vehicle, in normal conditions of use, to Comply with the requirements of this Directive.            6.2 Specifications concerning radio interference       6.2.1 Method of measurement  The interfering radiation set up by the vehicle type submitted for approval shall be measured by the method described in Annex II.              6.2.2 Reference limits        6.2.2.1 The radiation limits based on quasi-peak measurements shall be 50 ¶V/m in the 40-75 MHz frequency band and 50-120 ¶V/m in the 75-250 MHz frequency band, this limit increasing linearly with frequencies above 75 MHz                6.2.2.2 If measurements are made with peak measuring equipment, the readings, expressed in ¶V/m, shall be divided by 10.                              6.2.3 On the vehicle type submitted for approval in respect of radio interference suppression, the measured values shall be not less than 20 per cent below the reference limits.            7. TESTS  Compliance with the requirements of item 6 above shall be checked in accordance with the method shown in Annex II.   (8)   9. CONFORMITY OF PRODUCTION  (9.1)   9.2 When the conformity of a vehicle taken from the series is being verified, production shall be deemed to conform to the requirements of this Directive if the levels measured do not exceed by more than 25 % the limits prescribed in item 6.2.2.   9.3 If at least one of the levels measured on the vehicle taken from the series exceeds the limits prescribed in item 6.2.2 by more than 25 %, the manufacturer may request that measurements be made on a sample of at least six vehicles taken from the series. The results for each frequency band shall be interpreted by the statistical method shown in Annex III.        (10)   (11)       ANNEX II METHOD OF MEASUREMENT OF RADIO INTERFERENCE PRODUCED BY HIGH-VOLTAGE IGNITION SYSTEMS  1. MEASURING APPARATUS  The measuring equipment shall comply with the requirements of Publication No 2 (first edition, 1961) of the International Special Committee on Radio Interference (CISPR) or with the specifications applicable to peak type measuring apparatus given in CISPR Publication No 5 (first edition, 1967).  Note : Where the available equipment does not fully meet all the CISPR specifications, discrepancies must be clearly stated.    2. EXPRESSION OF RESULTS >PIC FILE= "T0010808">    3. MEASURING SITE  The measuring site shall be a level area free from appreciable wave-reflecting surfaces within an ellipse having a major axis of 20 m and a minor axis of 17 73 m. The antenna and the centre of the engine must be located on the major axis of the ellipse, the plane of symmetry of the vehicle being parallel to the minor axis. The antenna and the point of intersection of the side of the engine nearest to the antenna with the major axis must each be located at a focal point of the ellipse. The measuring set, or the test hut or vehicle in which the set is located, may be within the ellipse but horizontally not closer than 3 m to the antenna, in a direction opposite to the vehicle being measured. Furthermore, the absence of any extraneous noise or signal which could materially affect the measurement must be ensured ; a check is therefore made, with the engine stopped, before and after taking the measurements, which can be considered satisfactory only if the readings are at least 10 dB above the highest obtained at the pre- and post-measurement checks.    4. VEHICLE   4.1 Only the ancillary electrical equipment necessary for the running of the engine shall be operating.      4.2 The engine shall be at its normal operating temperature. During each measurement, the engine shall be operated as follows: >PIC FILE= "T0010809">      4.3 Measurements shall not be made while rain is falling on the vehicle or within 10 minutes after rain has stopped.          5. ANTENNA   5.1 Height  The centre of the dipole shall be 3 m above the ground.      5.2 Distance of measurement  The horizontal distance from the antenna to the nearest metal part of the vehicle shall be 10 m.      5.3 Antenna location relative to vehicle  The antenna shall be placed successively on the left- and right-hand sides of the vehicle, at two positions of measurement, with the aerial parallel to the plane of symmetry of the vehicle and in line with the engine. (See Appendix to this Annex.)      5.4 Antenna position  At each of the measuring points, readings shall be taken with the dipole in a horizontal and in a vertical position. (See Appendix to this Annex.)      5.5 Readings  The maximum of four readings shall be taken as the characteristic reading at the frequency at which the measurements were made.        6. FREQUENCIES  Measurements shall be made within the 40 to 250 MHz range. A vehicle is considered as very likely to meet the required suppression limits over the whole frequency range if it meets them at the following six frequencies : 45, 65, 90, 150, 180 and 220 (± 5 MHz). (The 5 MHz tolerance for the six frequencies chosen should make it possible to avoid interference from transmissions operating on the nominal frequencies.)      Appendix ANTENNA DIRECTION RELATIVE TO VEHICLE >PIC FILE= "T0010810">   ANNEX III STATISTICAL METHOD OF CHECKING RADIO INTERFERENCE SUPPRESSION  In order to ensure with an 80 % probability that 80 % of the vehicles conform to a specified limit L, the following condition must be satisfied: >PIC FILE= "T0010811">  If a first sample of n vehicles does not meet the specification, a second sample of n vehicles shall be tested and the overall results assessed as coming from a sample of 2n vehicles.   ANNEX IV>PIC FILE= "T0010812">


title: Commission Directive 2009/146/EC of 26 November 2009 correcting Directive 2008/125/EC amending Council Directive 91/414/EEC to include aluminium phosphide, calcium phosphide, magnesium phosphide, cymoxanil, dodemorph, 2,5-dichlorobenzoic acid methylester, metamitron, sulcotrione, tebuconazole and triadimenol as active substances (Text with EEA relevance)

text:
               27.11.2009

               EN

               Official Journal of the European Union

               L 312/55

      COMMISSION DIRECTIVE 2009/146/EC
   of 26 November 2009
   correcting Directive 2008/125/EC amending Council Directive 91/414/EEC to include aluminium phosphide, calcium phosphide, magnesium phosphide, cymoxanil, dodemorph, 2,5-dichlorobenzoic acid methylester, metamitron, sulcotrione, tebuconazole and triadimenol 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 the second indent of the second subparagraph of Article 6(1) thereof,
   Whereas:

               (1)

               Commission Directive 2008/125/EC (2) contains terminological errors with respect to the uses which may be authorised for aluminium phosphide, calcium phosphide and magnesium phosphide. Those errors must be corrected.

               (2)

               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
   The Annex to Directive 2008/125/EC is corrected as follows:

               1.

               in part A of the seventh column (specific provisions) of row No 266 (aluminium phosphide), the first and the second sentence are replaced by the following:
               ‘Only uses as insecticide, rodenticide, talpicide and leporicide in the form of ready-to-use aluminium phosphide containing products may be authorised.
               As rodenticide, talpicide and leporicide only outdoor uses may be authorised.’;

               2.

               in part A of the seventh column (specific provisions) of row No 267 (calcium phosphide), the first sentence is replaced by the following:
               ‘Only outdoor uses as rodenticide and talpicide in the form of ready-to-use calcium phosphide containing products may be authorised.’;

               3.

               in part A of the seventh column (specific provisions) of row No 268 (magnesium phosphide), the first and the second sentence are replaced by the following:
               ‘Only uses as insecticide, rodenticide, talpicide and leporicide in the form of ready-to-use magnesium phosphide containing products may be authorised.
               As rodenticide, talpicide and leporicide only outdoor uses may be authorised.’.

         Article 2
   Member States shall adopt and publish by 28 February 2010 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 March 2010.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   This Directive shall enter into force on the 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, 26 November 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 344, 20.12.2008, p. 78.