Avis juridique important

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31982L0605

Council Directive 82/605/EEC of 28 July 1982 on the protection of workers from the risks related to exposure to metallic lead and its ionic compounds at work (first individual Directive within the meaning of Article 8 of Directive 80/1107/EEC)

Official Journal L 247 , 23/08/1982 P. 0012 - 0021 Finnish special edition: Chapter 5 Volume 3 P. 0003  Spanish special edition: Chapter 05 Volume 3 P. 0026  Swedish special edition: Chapter 5 Volume 3 P. 0003  Portuguese special edition Chapter 05 Volume 3 P. 0026

COUNCIL DIRECTIVE of 28 July 1982 on the protection of workers from the risks related to exposure to metallic lead and its ionic compounds at work (first individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) (82/605/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 (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Council resolution of 29 June 1978 on an action programme of the European Communities on safety and health at work (4), provides for the establishment of specific harmonized procedures regarding the protection of workers with respect to lead;  Whereas Council Directive 80/1107/EEC of 27 November 1980 on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (5), lays down certain provisions which have to be taken into account for this protection ; whereas that Directive provides for the laying down in individual Directives of limit values and specific requirements for those agents listed in Annex I, which include lead;  Whereas metallic lead and its ionic compounds are toxic agents found in a large number of circumstances at work ; whereas many workers are therefore exposed to a potential health risk;  Whereas, therefore, preventive measures for the protection of the health of workers exposed to lead and the commitment envisaged for Member States with regard to the surveillance of their health are important;  Whereas workers exposed to lead in the extractive industries must enjoy a level of health protection similar to that laid down in this Directive ; whereas, given the specific nature of such activities, the implementation of such protection will need to be covered by special provisions embodied in a subsequent Directive;  Whereas this Directive includes minimum requirements which will be reviewed on the basis of experience acquired and of developments in technology and medical knowledge in this area, the objective being to attain greater protection of workers,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive, which is the first individual Directive within the meaning of Article 8 of Directive 80/1107/EEC has as its aim the protection of workers against risks to their health, including the prevention of such risks, arising or likely to arise at work from exposure to metallic lead and its ionic compounds ; it shall not apply to alkylated lead compounds. It shall lay down limit values and other specific requirements.  2. This Directive shall not apply to:    - sea transport,       - air transport,       - mining and quarrying of lead-containing ores and the preparation of lead-ore concentrate at the site of the mine or quarry.         3. This Directive shall not prejudice the right of Member States to apply or introduce laws, regulations or administrative provisions ensuring greater protection for workers or for a particular category of workers.  (1) OJ No C 324, 28.12.1979, p. 3. (2) OJ No C 101, 4.5.1981, p. 14. (3) OJ No C 300, 18.11.1980, p. 22. (4) OJ No C 165, 11.7.1978, p. 1. (5) OJ No L 327, 3.12.1980, p. 8.    Article 2 1. Any work likely to involve a risk of absorbing lead shall be assessed in such a way as to determine the nature and degree of the exposure to lead of the workers.    Annex I contains an indicative, non-exhaustive list of activities where there is reason to consider that there may be a risk of absorbing lead. 2. If the assessment provided for in paragraph 1 reveals the presence of at least one of the following conditions:    - exposure to a concentration of lead in air greater that 40 ¶g/m3, calculated as a time-weighted average over 40 hours per week,       - a blood-lead level greater than 40 ¶g Pb/100 ml blood in individual workers,         the provisions regarding information set out in Article 11 (1) shall apply and appropriate measures shall be taken to minimize the risk of absorbing lead which arises through smoking, eating and drinking at the place of work.  3. If the assessment provided for in paragraph 1 reveals that the blood-lead level of workers due to lead absorption is between 40 ¶g and 50 ¶g Pb/100 ml blood, Member States shall endeavour to carry out biological monitoring of the workers concerned in accordance with the procedures laid down by the Member States.  4. If the assessment provided for in paragraph 1 reveals the presence of at least one of the following conditions:    - exposure to a concentration of lead in air greater than 75 ¶g/m3, calculated as a time-weighted average over 40 hours per week,       - a blood-lead level greater than 50 ¶g Pb/100 ml blood in individual workers,         the protection provided for in this Directive, in particular the lead-in-air monitoring and the medical surveillance set out in Articles 3 and 4, is to be given to the workers concerned.  5. The assessment provided for in paragraph 1 shall be the subject of consultation with the workers and/or their representatives within the undertaking or establishment and shall be revised where there is reason to believe that it is incorrect or there is a material change in the work.  Article 3 1. All lead-in-air measurements shall be representative of worker exposure to particles containing lead.  Particles containing lead within the meaning of this Directive shall be those particles captured by equipment having the sampling characteristics specified in Annex II, point 1, and analyzed in accordance with the methods indicated in Annex II, point 2.  2. Monitoring of the concentration of lead in air shall take place at least every three months.  This frequency may, however, be reduced in the cases listed in paragraph 3.  3. Frequency of monitoring may be reduced to once a year, provided that there is no material change in the work and conditions of exposure, where:    (i) the results of the measurements for individual workers or for groups of workers have shown that on the previous two consecutive occasions on which monitoring was carried out:      - the lead-in-air concentration did not exceed 100 ¶g/m3, or           - the conditions or exposure did not fluctuate appreciably, or                  (ii) the blood-lead level of any worker does not exceed 60 ¶g Pb/100 ml blood.         4. The monitoring for a worker or group of workers, as stipulated in paragraph 2, shall entail taking one or more air samples.  Without prejudice to the second indent of Article 7 (b), sampling shall be carried out in such a way as to permit assessment of the probable maximum risk to which the individual worker or workers are exposed, account being taken of the work done, the working conditions and the length of exposure during the course of the work. The workers concerned and/or their representatives within the undertaking or establishment shall be consulted to this end.  For the initial monitoring, after it has been established that the values laid down in Article 2 (4) have been exceeded, the duration of the sampling period shall not be less than four hours.  Subsequently this duration shall not be less than four hours if the results obtained on the occasion of the preceding monitoring have shown higher  lead-in-air concentration values than those obtained before that monitoring.  Where groups of workers are performing identical or similar tasks in the same location and are thus being exposed to the same health risk, sampling may be carried out on a group basis. In such a case, sampling shall be carried out for at least one worker out of 10.  5. The specifications referred to in paragraph 1 and Annex II, with the exception of the specification concerning the air intake velocity given at point 1 (a) of the Annex, and the technical aspects of this Article shall be adapted in the light of technical progress in accordance with the procedure set out in Article 10 of Directive 80/1107/EEC, within the limits laid down in Annex III to that Directive.   Article 4 1. Workers shall be subject to medical (clinical and biological) surveillance. This surveillance must start prior to or at the beginning of the exposure. The frequency of clinical assessment shall be at least once a year during the period of employment. Biological monitoring shall be carried out, in accordance with paragraph 2, at least every six months.  This surveillance shall take account not only of the magnitude of the exposure but also of the individual worker's susceptibility to lead.  2. The biological monitoring shall, apart from the exception mentioned in paragraph 3, include measuring the blood-lead level (PbB).  This monitoring may also include measuring one or more of the following biological indicators:    - delta aminolæ vulinic acid in urine (ALAU),       - zinc protoporphyrin (ZPP),       - delta aminolæ vulinic acid dehydratase in blood (ALAD).         The methods of measuring the biological indicators referred to above are listed in Annex III and may be adapted in accordance with the procedure specified in Article 10 of Directive 80/1107/EEC.  3. The PbB measurement referred to in paragraph 2 may be replaced by that of ALAU when dealing with workers who have been subjected for a period of less than one month to risks of high exposure.  4. The frequency of biological monitoring may be reduced to once a year where at the same time:    - the results of the measurements for individuals or for groups of workers have shown, on the previous two consecutive occasions on which monitoring was carried out, a lead-in-air concentration higher than the value laid down in the first indent of Article 2 (4) and lower than 100 ¶g/m3,       - the PbB level of any individual worker does not exceed the value laid down in the second indent of Article 2 (4).         5. Practical recommendations to which Member States may refer for clinical assessment are set out in Annex IV and may be adapted in accordance with the procedure set out in Article 10 of Directive 80/1107/EEC.   Article 5 1. Where the biological monitoring carried out in accordance with Article 4 (2) reveals an individual PbB level higher than 60 ¶g Pb/100 ml blood but lower than the limit value set out in Article 6 (1) (b), a clinical examination shall be carried out as soon as possible. However, this clinical examination may be deferred until a repeat determination of the PbB level, undertaken within one month, shows that the value of 60 ¶g Pb/100 ml blood continues to be exceeded.  Thereafter, biological monitoring and clinical assessment shall be carried out at shorter intervals than those laid down in Article 4 (1) at least until the PbB level is below 60 ¶g Pb/100 ml blood.  2. Following the clinical examination referred to in paragraph 1, the doctor or authority responsible for the medical surveillance of the workers should advise on any protective or preventive measures to be taken on an individual basis ; these may include, where appropriate, the withdrawal of the worker concerned from exposure to lead or a reduction in the period of his exposure.   Article 6 1. The following limit values shall be applied:    (a) lead-in-air concentration:  150 ¶g/m3, calculated as a time-weighted average over 40 hours per week;        (b) value of the biological parameters:  PbB level in individual workers : 70 ¶g/ Pb/100 ml blood (1). However, a PbB level of between 70 and 80 ¶g Pb/100 ml blood shall be allowed if the ALAU level remains lower than 20 mg/g creatinine or the ZPP level remains lower than 20 ¶g/g haemoglobin or the ALAD level remains greater than six European units.         2. Where biological monitoring is based solely on ALAU measurement in accordance with Article 4 (3), the following limit value shall be applied for ALAU : 20 mg/g creatinine.  3. The Council, acting on a proposal from the Commission, and taking into account in particular progress made in scientific knowledge and technology as well as experience gained in the application of this Directive, shall re-examine the limit values for the biological parameters within five years of adoption of this Directive, with a view to setting a maximum blood-lead limit value of 70 ¶g Pb/100 ml blood.   Article 7 For the purpose of establishing whether or not the lead-in-air limit value fixed in Article 6 (1) (a) has been exceeded, it is appropriate to proceed as follows:    (a) If the total sampling period is of 40 hours in one week then the lead-in-air concentrations obtained can be compared directly with the limit value laid down in Article 6 (1) (a);       (b) If the total sampling period is less than 40 hours in one week then:      - the limit value laid down in Article 6 (1) (a) shall not be considered as having been exceeded if the concentration obtained by sampling in accordance with Article 3 (4) is below the numerical level of the limit value,           - if the concentration referred to in the first indent exceeds the numerical level of the limit value then at least three additional lead-in-air samples shall be taken which are representative of average exposure to lead ; the total period over which each of these three samples is taken shall be at least four hours.             If, from four samples taken over a period of one week, it is found that three levels of concentration are below the numerical level of the limit value, then it shall be deemed that this limit value has not been exceeded.          Article 8 1. Where the lead-in-air limit value laid down in Article 6 (1) (a) is exceeded the reasons for the limit being exceeded shall be identified and appropriate measures to remedy the situation shall be taken as soon as possible.  The doctor or authority responsible for the medical surveillance of the workers shall judge whether an immediate determination of the biological parameters of the workers concerned should be carried out.  In order to check the effectiveness of the measures mentioned in the first subparagraph, a further determination of the lead-in-air concentrations on the basis of the procedures laid down in Articles 3 and 7 shall be carried out.  2. Where the measures referred to in the first subparagraph of paragraph 1 cannot, owing to their nature or magnitude, be taken within one month and a further determination of lead-in-air concentrations shows that the lead-in-air limit values continue to be exceeded, work may not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned, in the light of the opinion of the doctor or authority responsible for medical surveillance.  Where the exposure cannot reasonably be reduced by other means and where the wearing of individual respiratory protective equipment proves necessary, this may not be permanent and shall be kept to the strict minimum necessary for each worker.  3. In the case of incidents likely to lead to significant increases in exposure to lead, workers shall be immediately evacuated from the affected area. Only workers whose presence is required to carry out the necessary repairs may enter the affected area on condition that they use suitable protective apparatus.  4. In the case of certain operations in respect of which it is foreseen that the limit value set out in  (1) Corresponds in SI units to 3 74 ¶ mol lead per litre blood.  paragraph 1 will be exceeded and in respect of which technical preventive measures for limiting concentrations in the air are not reasonably practicable, the employer shall define the measures intended to ensure protection of the workers during operations of this kind. The workers and/or their representatives in the undertaking or establishment shall be consulted on these measures before such operations are effected.   Article 9 1. Where the biological limit value laid down in Article 6 (1) (b) has been exceeded:    - the necessary steps shall be taken immediately to ascertain the reasons for this excess and to remedy the situation. Such measures may, depending on the magnitude of the excess, and where it is considered desirable by the doctor or authority responsible for the medical surveillance of the workers include the immediate withdrawal of the worker concerned from all exposure to lead,       - a further determination of the PbB level shall be made within three months. Following this determination, the worker concerned must not continue at his work or at any other work involving an equal or greater risk of exposure to lead if the biological limit value continues to be exceeded. The worker concerned may be assigned, following an opinion from the doctor or authority responsible for medical surveillance, to other work involving a lesser risk of exposure. In this case, he shall be subject to more frequent medical assessments.         However, Member States may take different measures for workers who, having been exposed to lead over a number of years, have a very high body burden of lead when this Directive becomes applicable.  2. The worker concerned or the employer may ask for a review of the assessments referred to in paragraph 1.   Article 10 1. For all work carried out under the conditions set out in Article 2 (4), appropriate measures shall be taken to ensure that:    a.  (i) the risk of absorbing lead through smoking, eating or drinking is avoided,  (ii) areas are set aside where workers can eat and drink without risking contamination by lead,  (iii) in very hot workplaces where workers should be encouraged to drink, workers are provided with drinking water or other drinks not contaminated by the lead present in the workplace;       b.  (i) workers are provided with appropriate working or protective clothing, taking into account the physico-chemical properties of the lead compounds to which they are exposed.  (ii) this working or protective clothing remains within the undertaking. It may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work, if the undertaking itself does not carry out cleaning ; where this is the case, the clothing shall be transported in closed containers,  (iii) working or protective clothing and street clothes are stored separately,  (iv) workers are provided with adequate and appropriate washing facilities, including showers in the case of dusty operations.        2. The cost of the measures taken pursuant to paragraph 1 shall not be borne by the workers.   Article 11 1. For all work carried out under the conditions set out in Article 2 (2), appropriate measures shall be taken so that workers and their representatives in the undertaking or establishment are provided with adequate information on:    - the potential risks to health from lead exposure, including the potential risks for the foetus and infants being breast-fed,       - the existence of statutory limit values and the need for biological and atmospheric monitoring,       - hygiene requirements, including the need to refrain from smoking, eating or drinking at the workplace,     - the precautions to be taken as regards the wearing and use of protective equipment and clothing,       - the special precautions to be taken to minimize exposure to lead.         2. In addition to the measures referred to in paragraph 1, for all work carried out under the conditions set out in Article 2 (4), appropriate measures shall be taken so that;    (a) workers and/or their representatives within the undertaking or establishment have access to:      - the results of lead-in-air measurements,           - the statistical (non-personalized) results of biological monitoring,             and explanations of the significance of these results are available to them;       (b) if the results exceed the lead-in-air limit value laid down in Article 6 (1) (a) the workers concerned and their representatives in the undertaking or establishment are informed as quickly as possible of the excess and the reason for it and the workers and/or their representatives in the undertaking or establishment are consulted on the measures to be taken or, in an emergency, are informed of the measures which have been taken;       (c) each time PbB tests, ALAU tests or any other biological measurements for assessing lead exposure are carried out, the workers concerned are informed, on the authority of the doctor responsible, of the results of those measurements and the interpretation placed on the results.          Article 12 The doctor or authority responsible for medical surveillance of the workers shall have access to all information necessary for determining the extent of workers'exposure to lead, including the results of the lead-in-air monitoring.   Article 13 Steps shall be taken to ensure that individual data relating to the exposure of workers and their clinical and biological examinations are recorded and stored in an appropriate form, in accordance with national laws and practices.   Article 14 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1986 at the latest and shall forthwith inform the Commission thereof.  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 15 This Directive is addressed to the Member States.   Done at Brussels, 28 July 1982.  For the Council  The President  O. MØLLER  ANNEX I List of activities referred to in the second subparagraph of Article 2 (1)     1. Handling of lead concentrate.       2. Lead and zinc smelting and refining (primary and secondary).       3. Lead arsenate spray manufacture and handling.       4. Manufacture of lead oxides.       5. Production of other lead compounds (including that part of the production of alkyl lead compounds, where it includes exposure to metallic lead and its ionic compounds).       6. Manufacture of paints, enamels, mastics and colours containing lead.       7. Battery manufacture and recycling (1).       8. Craftwork in tin and lead.       9. Manufacture of lead solder.       10. Lead ammunition manufacture.       11. Manufacture of lead-based or lead-alloy objects.       12. Use of paints, enamels, mastics and colours containing lead.       13. Ceramic and craft pottery industries (1).       14. Crystal glass industries.       15. Plastic industries using lead additives.       16. Frequent use of lead solder in an enclosed space.       17. Printing work involving the use of lead.       18. Demolition work, especially the processes of scraping off, burning off and flame-cutting executed on materials coated with paint containing lead, as well as the breaking up of plant (e.g. lead furnaces) (1).       19. Use of lead ammunition in an enclosed space.       20. Automobile construction and repair work (1).       21. Manufacture of leaded steel.       22. Lead tempering of steel.       23. Lead coating.       24. Recovery of lead and metallic residues containing lead.  (1) Inasmuch as lead is used or is present.          ANNEX II Technical specifications referred to in the second subparagraph of Article 3 (1)     1. The equipment is that which complies with the technical specifications listed below:      (a) Air intake velocity at the orifice : 1 725 m/s ± 10 %;           (b) Air flow rate : at least 11/min.;           (c) Sampling head characteristics : a closed face sampling head should be used, to avoid filter contamination;           (d) Intake orifice diameter : at least 4 mm diameter in order to avoid wall effects;           (e) Filter or intake orifice position : as far as possible kept parallel to the face of the worker during the whole sampling period;           (f) Filter efficiency : a minimum of 95 % efficiency for all particles sampled down to an aerodynamic diameter of 0 73 ¶m;           (g) Filter homogeneity ; maximum homogeneity of the lead content in the filter to allow for comparison between two halves of the same filter.                  2. The lead-in-air sample collected in accordance with the procedures in point 1 is to be analyzed by atomic absorption spectroscopy or any other method which gives equivalent results.          ANNEX III Methods of measuring biological indicators referred to in Article 4 (2)  PbB : Atomic absorption spectroscopy,  ALAU : Davis (1) or equivalent method,  ZPP : Haematofluorimetry (2) or equivalent method,  ALAD : European standardized method (3) or equivalent method.  Appropriate quality control programmes will be established by the Commission.  (1) Davis J.R., and Andelman S.L. "Urinary delta-aminolevulinic acid levels in lead poisoning. A modified method for the rapid determination of urinary delta-aminolevulinic acid using disposable ion-exchange chromatographic columns". Arch. Environ. Health 15, 53-9 (1967). (2) Blumberg W.E., Eisinger J., Lamola A.A., and Zuckerman D.M. "Zinc protoporphyrin level in blood determination by a portable haematofluometer. A screening device for lead poisoning". J. Lab. Clin. Med. 89, 712-723 (1977). (3) (a) Council Directive 77/312/EEC of 29 March 1977 on biological screening of the population for lead. OJ No L 105, 28.4.1977, p. 10 (Annex III).  (b) A. Berlin and K.H. Schaller "European standardized method for the determination of delta-aminolevulinic acid dehydratase activity in blood". 3. Klin. Chem. Klin. Biochem. 12, 389-390 (1974).    ANNEX IV Practical recommendations for the clinical assessment of workers referred to in Article 4 (5)     1. Current knowledge indicates that large-scale absorption may produce adverse effects in the following systems:      - hematopoietic,           - gastro-intestinal,           - central and peripheral nervous,           - renal.                  2. The doctor in charge of the medical surveillance of the worker exposed to lead should be familiar with the exposure conditions or circumstances of each worker.       3. Clinical assessment of the workers should be carried out in accordance with sound practice ; it should include the following measures:      - records of the worker's medical and occupational history,           - physical examination and a personal interview with special attention to the associated symptoms of early lead poisoning,           - evaluation of the pulonary status (for possible use of respiratory protective equipment).             Blood analyses (and, in particular, establishment of the hematocrit level) and urine analysis should be carried out during the first medical examination and then regularly according to the doctor's judgement.       4. In addition to the decisions based on the results of biological monitoring, the examining doctor will establish the cases where exposure or continued exposure to lead is contra-indicated. The most important of these contra-indications are:  (i)  - congenital abnormalities:      - thalassemia,           - G - 6 - PD deficiency;              (ii)  - acquired conditions:      - anaemia,           - renal deficiencies,           - hepatic deficiencies.                  5. Use of chelating agents:  The prohphylactic use of chelating agents, sometimes called "preventive therapy" is medically and ethically unacceptable. Many chelating agents may be considered nephrotoxic when administered for long periods.       6. Intoxication therapy:  To be carried out by specialists.


Avis juridique important

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31984L0424

Council Directive 84/424/EEC of 3 September 1984 amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles

Official Journal L 238 , 06/09/1984 P. 0031 - 0033 Finnish special edition: Chapter 13 Volume 13 P. 0204  Spanish special edition: Chapter 13 Volume 16 P. 0042  Swedish special edition: Chapter 13 Volume 13 P. 0204  Portuguese special edition Chapter 13 Volume 16 P. 0042

*****COUNCIL  DIRECTIVE  of 3 September 1984  amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles  (84/424/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 (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 70/157/EEC (4), as last amended by Directive 81/334/EEC (5), lays down in its Annex the maximum sound levels for motor vehicles intended for use on the road, with or without bodywork, and having at least four wheels and a maximum design speed exceeding 25 kilometres per hour, with the exception of vehicles which run on rails, agricultural or forestry tractors and machinery and public works vehicles;  Whereas the protection of the public in urban areas against noise nuisance requires suitable measures to reduce the noise level of motor vehicles; whereas such a reduction has been made possible by technical progress in motor vehicle construction;  Whereas Annex I to Directive 70/157/EEC should accordingly be amended by reducing the permissible sound level values expressed in dB (A) for every category of vehicle referred to therein;  Whereas such a reduction represents a major step forward in the improvement of the environment; whereas the provisions in question should nevertheless be reviewed at a later date in the light of the results of the Commission's work in the context of an overall approach, taking account simultaneously of all the main aspects of Community rules in the motor-vehicle sector, in particular those relating to safety, environmental protection and energy conservation,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Annex I to Directive 70/157/EEC, point 5.2.2.1 is reworded as follows:  1.2,3 // '5.2.2.1.  // Limit values  //   // The sound level measured in accordance with items 5.2.2.2 to 5.2.2.5 of this Annex shall not exceed the following limits: 1.2.3 //   //  //   //   // Vehicle categories  // Values expressed in dB (A)  //   //   //   // 5.2.2.1.1.  // Vehicles intended for the carriage of passengers and equipped with not more than nine seats, including the driver's seat  // 77  // 5.2.2.1.2.  // Vehicles intended for the carriage of passengers and equipped with more than nine seats, including the driver's seat, and having a maximum permissible mass of more than 3,5 tonnes and:  //   // 5.2.2.1.2.1.  // - with an engine power of less than 150 kW  // 80  // 5.2.2.1.2.2.  // - with an engine power of not less than 150 kW  // 83  // 5.2.2.1.3.  // Vehicles intended for the carriage of passengers and equipped with more than nine seats, including the driver's seat; vehicles intended for the carriage of goods:  //  // 5.2.2.1.3.1.  // - with a maximum permissible mass not exceeding 2 tonnes  // 78  // 5.2.2.1.3.2.  // - with a maximum permissible mass exceeding 2 tonnes but not exceeding 3,5 tonnes  // 79  // 5.2.2.1.4.  // Vehicles intended for the carriage of goods and having a maximum permissible mass exceeding 3,5 tonnes  //   // 5.2.2.1.4.1.  // - with an engine power of less than 75 kW  // 81  // 5.2.2.1.4.2.  // - with an engine power of not less than 75 kW but less than 150 kW  // 83  // 5.2.2.1.4.3.  // - with an engine power of not less than 150 kW  // 84  //   //   //  1.2,3 //   // However,  //   // - for vehicles of categories 5.2.2.1.1 and 5.2.2.1.3, the limit values shall be increased by 1 dB (A) if they are equipped with a direct injection diesel engine,  //   // - for vehicles with a maximum permissible mass of over two tonnes designed for off-road use, the limit values are increased by 1 dB (A) if their engine power is less than 150 kW and 2 dB (A) if their engine power is equal to or greater than 150 kW.'  Article 2  1. With effect from 1 January 1985, Member States may not, on grounds relating to the permissible sound level and the exhaust system:  - refuse, in respect of a type of motor vehicle, to grant EEC type-approval, to issue the document referred to in the third indent of Article 10 (1) of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 80/1267/EEC (2), or to grant national type-approval, or  - prohibit the entry into service of vehicles,  if the sound level and the exhaust system of this type of vehicle or of these vehicles comply with the provisions of Directive 70/157/EEC as amended by this Directive.  2. With effect from 1 October 1988, Member States:  - may no longer issue the document referred to in the third indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle of which the sound level and the exhaust system do not comply with the requirements of Directive 70/157/EEC as amended by this Directive,  - may refuse to grant national type-approval in respect of a type of motor vehicle of which the sound level and the exhaust system do not comply with the requirements of Directive 70/157/EEC as amended by this Directive.  However, for vehicles in category 5.2.2.1.3 as defined in Article 1 which are equipped with diesel engines and for vehicles in category 5.2.2.1.4, '1 October 1988' is replaced by '1 October 1989'.  3. With effect from 1 October 1989, Member States may prohibit the entry into service of vehicles of which the sound level and exhaust system do not comply with the requirements of Directive 70/157/EEC, as amended by this Directive.  However, for vehicles in category 5.2.2.1.3 as defined in Article 1 which are equipped with diesel engines and for vehicles in category 5.2.2.1.4, '1 October 1989' is replaced by '1 October 1990'.  Article 3  The Council shall, not later than 31 December 1990, decide on a further review of the provisions of Directive 70/157/EEC on the basis of a Commission report concerning possible new measures relating to rules in the motor vehicle sector, which is to be established with due regard to safety, environmental protection and energy conservation factors.  Article 4  Member States shall bring into force the provisions necessary to comply with this Directive before 1 January 1985. They shall forthwith inform the Commission thereof.  Article 5  This Directive is addressed to the Member States.  Done at Brussels, 3 September 1984.  For the Council  The President  P. BARRY  (1) OJ No C 200, 27. 7. 1983, p. 5.  (2) OJ No C 172, 2. 7. 1984, p. 157.  (3) OJ No C 358, 31. 12. 1983, p. 4.  (4) OJ No L 42, 23. 2. 1970, p. 16.  (5) OJ No L 131, 18. 5. 1981, p. 6.  (1) OJ No L 42, 23. 2. 1970, p. 1.  (2) OJ No L 375, 31. 12. 1980, p. 34.


Avis juridique important

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32002L0056

Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes

Official Journal L 193 , 20/07/2002 P. 0060 - 0073

Council Directive 2002/56/ECof 13 June 2002on the marketing of seed potatoesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission,Having regard to the Opinion of the European Parliament(1),Having consulted the Economic and Social Committee,Whereas:(1) Council Directive 66/403/EEC of 14 June 1966 on the marketing of seed potatoes(2) has been frequently and substantially amended(3). For reasons of clarity and rationality the said Directive should be codified.(2) Potato production occupies an important place in the agriculture of the Community.(3) Satisfactory results in potato cultivation depend to a large extent on the use of appropriate seed potatoes.(4) Greater productivity will be achieved in Community potato cultivation if for the choice of the varieties permitted to be marketed the Member States apply uniform rules which are as strict as possible, in particular as regards health status. A common catalogue of varieties of agricultural plant species is therefore provided for in Council Directive 2002/53/EC(4).(5) It is desirable to establish a uniform certification scheme for the Community based on the experience gained in the application of schemes in the Member States and that of the Economic Commission for Europe. In the context of the consolidation of the Internal Market, the Community scheme should cover the production of seed with a view to marketing and to marketing within the Community, and should offer no possibilities for the Member States to derogate unilaterally in a way that would hinder the free movement of plants within the Community.(6) As a general rule, seed potatoes should be allowed to be marketed only if they have been officially examined and certified, in accordance with the rules for certification, as basic seed potatoes or certified seed potatoes. The choice of the technical terms "basic seed potatoes" and "certified seed potatoes" is based on already existing international terminology. It should be possible, under specified conditions, to place on the market bred seed potato of generations prior to basic seed potato and seed potato as grown.(7) Member States may subdivide the categories of seed potatoes into grades satisfying different requirements. It seems appropriate to provide that Community grades and their requirements may be established in an accelerated procedure. In this respect it should be left to Member States to decide the extent to which they apply these grades to their own production.(8) In the light of modern advances in propagation techniques, it is appropriate to lay down a Community procedure for the establishment of specific rules applicable to the marketing of seed potatoes produced by techniques involving micropropagation.(9) Community rules should not apply to seed potatoes shown to be intended for export to third countries.(10) In order to improve not only the genetic value and health status of Community seed potatoes but also their external characteristics, provision should be made for tolerances in respect of impurities, blemishes and diseases in seed potatoes.(11) Member States may be authorised, in respect of the marketing of seed potatoes in all or part of their territories, to take more stringent measures than provided for in Annex I against particular virus diseases which do not exist in those regions or which appear particularly harmful to crops in those regions. It has appeared that the scope of this provision should be extended to harmful organisms other than virus diseases.(12) In order to ensure the identity of the seed potatoes, Community rules on packaging, sealing and marking must be established. To this end the labels should give the particulars needed both for official verification and for the information of the user and should clearly show the Community nature of the certification.(13) Rules should be introduced on the marketing of chemically treated seed potatoes, seed potatoes suitable for organic growing and on the conservation of genetic resources of plants in the interest of conservation by use in situ of varieties threatened with genetic erosion.(14) Derogations should be permitted under certain conditions, without prejudice to the provisions of Article 14 of the Treaty. Member States making use of the derogations should assist each other administratively as regards inspection.(15) In order to ensure that both the requirements as to the quality of the seed potatoes and the provisions for ensuring their identity are complied with during marketing, Member States must make provision for appropriate control arrangements.(16) Seed potatoes satisfying these requirements should, without prejudice to Article 30 of the Treaty, be subject to no marketing restrictions other than those provided for in Community rules, except in those cases where Community rules provide for tolerances in respect of diseases, harmful organisms or their vectors.(17) Provision should be made for authorising the marketing within the Community of seed potatoes harvested in third countries only if they afford the same assurances as seed potatoes officially certified within the Community and complying with Community rules.(18) During periods in which there are difficulties in obtaining supplies of certified seed potatoes of the various categories, seed potatoes satisfying less stringent requirements should temporarily be permitted to be marketed, as well as seed potatoes belonging to varieties not included in the Common Catalogue of varieties nor in the National Catalogue of Varieties.(19) In order to ensure that seed potatoes certified in the Member States satisfy the requirements laid down and to enable comparisons to be made in the future between such seed potatoes and those coming from third countries, Community comparative tests should be established in Member States to permit annual post-control of the various categories of certified seed potatoes. The Member States should be authorised to prohibit the marketing of all or certain varieties of seed potatoes coming from other Member States if the comparative tests have given unsatisfactory results over a period of several years.(20) It is desirable to organise temporary experiments for the purpose of seeking improved alternatives to certain provisions set out in this Directive.(21) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(22) This Directive should not affect the obligations of the Member States concerning the deadlines for transposition of the Directives set out in Annex IV, part B,HAS ADOPTED THIS DIRECTIVE:Article 1This Directive shall apply to the production with a view to marketing, and to the marketing, of seed potatoes within the Community.It shall not apply to seed potatoes shown to be intended for export to third countries.Article 2For the purposes of this Directive:(a) "marketing": means the sale, holding with a view to sale, offer for sale and any disposal, supply or transfer aimed at commercial exploitation of seed potatoes to third parties, whether or not for consideration.Trade in seed potatoes not aimed at commercial exploitation of the variety, such as the following operations, shall not be regarded as marketing:- the supply of seed potatoes to official testing and inspection bodies,- the supply of seed potatoes to providers of services for processing or packaging,provided the provider of services does not acquire title to seed potatoes thus supplied.The supply of seed potatoes under certain conditions to providers of services for the production of certain agricultural raw materials intended for industrial purposes, or seed propagation for that purpose, shall not be regarded as marketing, provided the provider of services does not acquire title to either the seed thus supplied or the product of the harvest. The supplier of seed potatoes shall provide the certification authority with a copy of the relevant parts of the contract made with the provider of services and this shall include the standards and conditions currently met by the seed potatoes provided.The conditions for the application of this provision shall be determined in accordance with the procedure laid down in article 25(2);(b) "basic seed potatoes": means potato tubers(i) which have been produced according to accepted practices for the maintenance of the variety and of health;(ii) which are intended mainly for the production of certified seed potatoes;(iii) which satisfy the minimum conditions laid down in Annexes I and II for basic seed potatoes; and(iv) which have been found by official examination to satisfy the minimum conditions laid down above;(c) "certified seed potatoes": means potato tubers(i) which have been produced directly from basic seed or certified seed, or from seed of a generation prior to basic seed which have been found on official examination to satisfy the conditions laid down for basic seed;(ii) which are intended mainly for the production of potatoes other than seed potatoes;(iii) which satisfy the minimum conditions laid down in Annexes I and II for certified seed potatoes; and(iv) which have been found by official examination to satisfy the abovementioned minimum conditions;(d) "official measures": means measures taken(i) by State authorities; or(ii) by any legal person whether governed by public or by private law, acting under the responsibility of the State; or(iii) in the case of ancillary activities which are also subject to State control, by any natural person duly sworn for that purpose,provided that the persons mentioned under (ii) and (iii) derive no private gain from such measures.Article 31. Member States shall provide that seed potatoes may not be placed on the market unless they have been officially certified as "basic seed potatoes" or "certified seed potatoes" and unless they satisfy the minimum conditions laid down in Annexes I and II. The Member States shall provide that seed potatoes which do not, during marketing, satisfy the minimum conditions laid down in Annex II may be sorted. The tubers which are not rejected shall then undergo a further official examination.2. Member States may subdivide the categories of seed potatoes provided for in Article 2 into grades satisfying different requirements.3. For seed potatoes which have been officially certified, the following may be determined in accordance with the procedure referred to in Article 25(2):- Community grades,- the conditions applicable to such grades,- designations applicable to such grades.Member States may prescribe the extent to which they apply these Community grades in certifying their own production.4. For seed potatoes produced by micropropagation techniques and not meeting the size requirements of this Directive, the following may be determined in accordance with the procedure referred to in Article 25(2):- derogation from specific provisions of this Directive,- the conditions applicable to such seed potatoes,- the designations applicable to such seed potatoes.Article 4Notwithstanding Article 3(1), Member States shall provide that bred seed potatoes of generations prior to basic seed potatoes may be placed on the market.Article 5Member States may, as regards the minimum conditions laid down in Annexes I and II, impose additional or more stringent requirements for the certification of seed potatoes produced in their own territory.Article 61. Notwithstanding Article 3(1), Member States may authorise producers in their own territory to place on the market:(a) small quantities of seed potatoes for scientific purposes or selection work;(b) appropriate quantities of seed potatoes for other test or trial purposes, provided they belong to varieties for which an application for entry in the catalogue has been submitted in the Member State in question.In the case of genetically modified material, such authorisation may be granted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment. For the environmental risk assessment to be carried out in this respect, the provisions of Article 7(4) of Directive 2002/53/EC shall apply accordingly.2. The purposes for which the authorisations referred to in paragraph 1(b) may be given, the provisions relating to the marking of packages, and the quantities and the conditions under which Member States may grant such authorisation shall be determined in accordance with the procedure referred to in Article 25(2).3. Authorisation granted, before 14 December 1998, by Member States to producers in their own territory for the purposes set out in paragraph 1 shall remain in force pending determination of the provisions referred to in paragraph 2. Thereafter, all such authorisations shall respect the provisions established in accordance with paragraph 2.Article 7Member States shall require that, for the examination of seed potato tubers for certification, samples are taken officially in accordance with appropriate methods.Article 81. Member States may require that seed potatoes produced in their own territory may be separated during production from other potatoes for plant health reasons.2. The requirements provided for in paragraph 1 may include measures to:- separate the production of seed and other potatoes,- separate the grading, storage, transportation and handling of seed and other potatoes.Article 9Member States shall provide that seed potatoes may not be placed on the market if they have been treated with sprout inhibitors.Article 101. Member States shall provide that seed potatoes may not be placed on the market unless they have a minimum size such that they do not pass through a square mesh of 25 × 25 mm. In the case of tubers which are too large to pass through a square mesh of 35 × 35 mm, the upper and lower size limits shall be expressed in multiples of five.The maximum variation in size between tubers in a lot shall be such that the difference between the dimensions of the two square meshes used does not exceed 25 mm. These sizing standards may be modified in accordance with the procedure referred to in Article 25(2).2. A lot shall not contain more than 3 % by weight of tubers smaller than the minimum size indicated or more than 3 % by weight of tubers larger than the maximum size indicated.3. Member States may, in respect of seed potatoes produced in their national territory, further reduce the permitted variation in size between tubers in a lot.Article 111. Member States shall require that basic seed potatoes and certified seed potatoes be marketed only in sufficiently homogeneous lots and in closed packages or containers which must be sealed and bear, as prescribed in Articles 12 and 13, a sealing device and markings. The packages must be new; the containers must be clean.2. Member States may, for the marketing of small quantities to the final consumer, provide for derogations from the provisions of paragraph 1 in respect of packaging, sealing and marking.Article 121. Member States shall require that packages and containers of basic seed potatoes and certified potatoes be sealed officially or under official supervision in such a manner that they cannot be opened without damaging the system of sealing or leaving evidence of tampering on either the official label provided for in Article 13(1) or the package.In order to ensure closure, the sealing system shall comprise at least either the official label or the affixing of an official seal.The measures provided for in the second subparagraph above shall not be necessary where a non-reusable sealing system is used.In accordance with the procedure referred to in Article 25(2) it may be established whether a particular sealing system complies with the provisions of this paragraph.2. Packages and containers which have been officially sealed shall not be resealed, whether one or more times, except officially or under official supervision. If packages are resealed, the fact of resealing, the most recent date of resealing and the authority responsible therefor shall be stated on the label required under Article 13(1).3. Member States may provide for exceptions to paragraph 1 in the case of small packages sealed in their own territory. Conditions relating to these exceptions may be determined in accordance with the procedure referred to in Article 25(2).Article 131. Member States shall require that packages and containers of basic seed potatoes and certified seed potatoes:(a) be labelled on the outside with an official label which has not previously been used, which fulfils the conditions laid down in Annex III and the particulars of which are provided in one of the official languages of the Community. The colour of the label shall be white for basic seed potatoes and blue for certified seed potatoes. When a label with a string-hole is used, its attachment shall be ensured in all cases with an official seal. The use of official adhesive labels shall be authorised. In accordance with with procedure referred to in Article 25(2), the indelible printing of the prescribed particulars on the package in accordance with the label model may be authorised under official supervision;(b) contain an official document, in the same colour as the label, providing at least the label particulars required under Annex III(A)(3), (4) and (6). This document shall be drawn up in such a manner that it cannot be confused with the official label referred to under (a).This document shall not be necessary if the particulars are printed indelibly on the package or if, in accordance with the provisions under (a), an adhesive label or a label of tear resistant material is used.2. Member States may provide for exceptions to paragraph 1 in the case of small packages sealed in their own territory. Conditions relating to these exceptions may be determined in accordance with the procedure referred to in Article 25(2).Article 14In accordance with the procedure referred to in Article 25(2), it may be provided that, in cases other than those provided for in this Directive, packages or containers of basic seed potatoes or certified seed potatoes shall bear a supplier's label (which may either be a label separate from the official label or take the form of the suppliers' information printed on the package or container itself). The particulars to be provided on any such label shall also be established in accordance with the procedure referred to in Article 25(2).Article 15In the case of seed potatoes of a variety which has been genetically modified, any label or document, official or otherwise, which is affixed to or accompanies the seed lot, under the provisions of this Directive, shall clearly indicate that the variety has been genetically modified.Article 16Member States shall require that any chemical treatment of basic seed potatoes or certified seed potatoes be noted either on the official label or on the supplier's label and on the package or inside it or on the container.Article 171. Member States shall ensure that seed potatoes which are placed on the market under the provisions of this Directive, whether mandatory or discretionary, are not subject to any marketing restrictions as regards their characteristics, examination requirements, marking and sealing other than those laid down in this or any other Directive.2. The Commission, acting in accordance with the procedure referred to in Article 25(2), shall, in respect of the marketing of seed potatoes in all or part of the territory of one or more Member States, authorise more stringent measures than those provided for in Annexes I and II to be taken against harmful organisms which do not exist in those regions or which appear particularly harmful to crops in those regions. Where there is imminent danger of the introduction or spread of such harmful organisms, and until such time as the Commission has given a final ruling on the matter, such measures may be taken by the Member State concerned as soon as its request has been submitted.Article 18The conditions under which bred seed potatoes of generations prior to basic seed potatoes may be placed on the market under Article 4, shall be as follows:(a) they must have been produced in accordance with accepted practices for the maintenance of the variety and of health;(b) they must be intended mainly for the production of basic seed potatoes;(c) they must satisfy the minimum conditions to be established by the procedure referred to in Article 25(2) for pre-basic seed potatoes;(d) they must have been found by official examination to satisfy the minimum conditions referred to in (c);(e) they must be placed in packages or containers in accordance with this Directive; and(f) the packages or containers must bear an official label giving at least the following particulars:- certification authority and Member State or their distinguishing abbreviation,- producer's identification number or lot reference number,- month and year of sealing,- species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authors' names, or under its common name, or both,- variety, indicated at least in roman characters,- the description "pre-basic seed potatoes".The label shall be white with a diagonal violet line.Article 19For the purpose of seeking improved alternatives to certain provisions set out in this Directive, other than those relating to plant health, it may be decided to organise temporary experiments under specified conditions at Community level in accordance with the provisions referred to in Article 25(2).In the framework of such experiments, Member States may be released from certain obligations laid down in this Directive. The extent of that release shall be defined with reference to the provisions to which it applies. The duration of an experiment shall not exceed seven years.Article 201. In accordance with the procedure referred to in Article 25(2), the Commission may prohibit, in whole or in part, the marketing of seed potatoes harvested in a particular area of the Community if the progeny of officially drawn samples of basic seed potatoes or certified seed potatoes harvested in that particular area and grown in one or more Community test fields has for three successive years fallen appreciably below the minimum conditions laid down in Annex I(1)(c), (2)(c), (3) and (4). Satisfaction of the other minimum conditions laid down in Annex I may also be checked during the comparative tests.2. Any measures taken under paragraph 1 shall be withdrawn by the Commission as soon as it has been established with adequate certainty that the basic seed potatoes and certified seed potatoes harvested in the particular area of the Community concerned will in future satisfy the minimum conditions referred to in paragraph 1.3. The necessary arrangements shall be made, in accordance with the procedure referred to in Article 25(2), for the comparative tests to be carried out. Seed potatoes harvested in third countries may be included in the comparative tests.Article 211. The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether seed potatoes harvested in a third country and affording the same assurances as regards their characteristics and the arrangements for their inspection, for ensuring identity, for marking and for control are equivalent in these respects to basic seed potatoes or certified seed potatoes harvested within the Community and complying with the provisions of this Directive.2. Until such time as the Council has taken a decision under paragraph 1, the Member States shall be free to take such decisions themselves. This right shall expire on 1 July 1975.3. Member States are hereby authorised to extend until 31 March 2002 the validity of decisions taken in accordance with paragraph 2, it being understood that these decisions may be used only in accordance with Member States' obligations under the common rules on plant health laid down by Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread in the Community(6).The period in the first subparagraph may be extended for third countries, in accordance with the procedure laid down in Article 25(2), if the available information does not permit a determination according to paragraph 1 and for as long as such information does not permit such a determination.4. Paragraphs 1 and 2 shall also apply in respect of any new Member State from the date of its accession to the date on which it is to bring into force the laws, regulations or administrative provisions necessary to comply with this Directive.Article 221. In order to remove any temporary difficulties in the general supply of basic seed potatoes or certified seed potatoes that occur in the Community and cannot be otherwise overcome, it may be decided in accordance with the procedure referred to in Article 25(2) that Member States shall permit, for a specified period, the marketing throughout the Community in quantities necessary to resolve the supply difficulties of seed potatoes of a category subject to less stringent requirements, or of seed potatoes of varieties not included in the Common Catalogue of Varieties of Agricultural Plant Species or in the national catalogues of varieties of the Member States.2. For a category of seed potatoes of any given variety, the official label shall be that provided for the corresponding category; for seed potatoes of varieties not included in the abovementioned catalogues the colour of the official label shall be brown. The label shall always state that the seed potatoes in question are of a category satisfying less stringent requirements.3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure referred to in Article 25(2).Article 231. Member States shall ensure that official inspections are carried out in relation to the marketing of seed potatoes, at least by random checks, to verify compliance with the requirements and conditions of this Directive.2. Without prejudice to the free movement of seed potatoes within the Community, Member States shall take all necessary measures to ensure that they are supplied with the following particulars during the marketing of quantities exceeding two kilograms of seed potatoes imported from third countries:(a) species,(b) variety;(c) category;(d) country of production and control authority;(e) country of dispatch;(f) importer;(g) quantity of seed potatoes.The manner in which these particulars must be presented may be determined in accordance with the procedure laid down in Article 25(2).Article 24Amendments to be made to the content of the Annexes in the light of the development of scientific or technical knowledge shall be adopted according to the procedure referred to in Article 25(2).Article 251. The Commission shall be assisted by the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, set up by Article 1 of Council Decision 66/399/EEC(7).2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 26Save as otherwise provided in Annexes I and II in respect of tolerances for diseases, harmful organisms or their vectors, this Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property.Article 271. Specific conditions may be established in accordance with the procedure referred to in Article 25(2) to take account of developments in the areas of:(a) conditions under which chemically treated seed may be marketed;(b) conditions under which seed may be marketed in relation to the conservation in situ and the sustainable use of plant genetic resources, which are associated with specific natural and semi-natural habitats and are threatened by genetic erosion;(c) conditions under which seed suitable for organic production may be marketed.2. The specific conditions referred to in paragraph 1(b) shall include in particular the following points:(a) the seed of these species shall be of a known provenance approved by the appropriate authority in each Member State for marketing the seed in defined areas;(b) appropriate quantitative restrictions.Article 28Member States shall communicate to the Commission the text of the main provisions of domestic law they adopt in the field covered by this Directive.The Commission shall inform the other Member States thereof.Article 29Directive 66/403/EEC, as amended by the acts set out in Annex IV, part A, is repealed, without prejudice to the obligations of the Member States concerning the deadline for transposition of the said Acts set out in Annex IV, part B.References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V.Article 30This Directive shall enter into force the twentieth day following that of its publication in the Official Journal of the European Communities.Article 31This Directive is addressed to the Member States.Done at Luxembourg, 13 June 2002.For the CouncilThe PresidentM. Rajoy Brey(1) Opinion delivered on 9 April 2002 (not yet published in the Official Journal).(2) OJ 125, 11.7.1966, p. 2320/66; as last amended by Commission Decision 1999/742/EC (OJ L 297, 18.11.1999, p. 39).(3) See Annex VI, part A.(4) See page 1 of this Official Journal.(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2002/28/EC (OJ L 77, 20.3.2002, p. 23).(7) OJ 125, 11.7.1966, p. 2289/66.ANNEX IMINIMUM CONDITIONS TO BE SATISFIED BY SEED POTATOES1. Basic seed potatoes shall satisfy the following conditions:(a) on official inspection of the growing plants the number affected by blackleg must not exceed 2 %;(b) in the direct progeny the number of plants not breeding true to the variety must not exceed 0,25 % and the number of plants of a different variety must not exceed 0,1 %;(c) in the direct progeny the number of plants showing symptoms of mild or severe virus infection must not exceed 4 %.2. Certified seed potatoes shall satisfy the following conditions:(a) on official inspection of the growing plants the number affected by blackleg must not exceed 4 %;(b) in the direct progeny the number of plants not breeding true to the variety must not exceed 0,5 % and the number of plants of a different variety must not exceed 0,2 %;(c) in the direct progeny the number of plants showing symptoms of severe virus infection must not exceed 10 %. Light mosaics merely causing discoloration and not leaf deformation shall be ignored.3. In assessing the progeny of a variety affected by a chronic virus disease, slight symptoms caused by the virus in question shall not be taken into account.4. The tolerances allowed under Items 1(c), 2(c) and 3 are applicable only where the virus diseases are caused by viruses that are prevalent in Europe.5. The production ground must not be infected by Heterodera rostochiensis Woll.6. The crop must be free from:(a) Synchytrium endobioticum (Schilb.) Perc.,(b) Corynebacterium sepedonicum (Spieck. et Kotth.) Skapt. and Burkh.ANNEX IIMINIMUM QUALITY CONDITIONS FOR LOTS OF SEED POTATOESA.>TABLE>B. The seed potatoes shall be free from Heterodera rostochiensis, Synchytrium endobioticum, Corynebacterium sepedonicum and Pseudomonas solanacearum.ANNEX IIILABELA. Required information1. "EC rules and standards"2. Certification authority and Member State or their initials3. Producer's identification number or reference number of lot4. Month and year of sealing5. Variety, indicated at least in roman characters6. Country of production7. Category and, if desirable, grade8. Size9. Declared net weightB. Minimum dimensions110 mm × 67 mmANNEX IVPART AREPEALED DIRECTIVE AND ITS SUCCESSIVE AMENDMENTS(referred to by Article 29)>TABLE>PART BDEADLINE FOR TRANSPOSITION INTO NATIONAL LAW(referred to by Article 29)>TABLE>ANNEX VCORRELATION TABLE>TABLE>