title: Directive 2009/14/EC of the European Parliament and of the Council of 11 March 2009 amending Directive 94/19/EC on deposit-guarantee schemes as regards the coverage level and the payout delay (Text with EEA relevance)

text:
               13.3.2009

               EN

               Official Journal of the European Union

               L 68/3

      DIRECTIVE 2009/14/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2009
   amending Directive 94/19/EC on deposit-guarantee schemes as regards the coverage level and the payout delay
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 47(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Central Bank (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               The Council agreed on 7 October 2008 that it is a priority to restore confidence and proper functioning of the financial sector. It undertook to take all necessary measures to protect the deposits of individual savers and welcomed the intention of the Commission to bring forward urgently an appropriate proposal to promote convergence of deposit-guarantee schemes.

               (2)

               Directive 94/19/EC of the European Parliament and of the Council (3) already provides for basic coverage for depositors. However, the ongoing financial turmoil necessitates an improvement of that coverage.

               (3)

               The current minimum coverage level provided for in Directive 94/19/EC is set at EUR 20 000 with the option for Member States to determine higher coverage. However, this has proved not to be adequate for a large number of deposits in the Community. In order to maintain depositor confidence and attain greater stability on the financial markets, the minimum coverage level should therefore be increased to EUR 50 000. By 31 December 2010, coverage for the aggregate deposits of each depositor should be set at EUR 100 000, unless a Commission impact assessment, submitted to the European Parliament and the Council by 31 December 2009, concludes that such an increase and such harmonisation are inappropriate and are not financially viable for all Member States in order to ensure consumer protection and financial stability in the Community and to avoid distortions of competition between Member States. In the event that the impact assessment reveals that such an increase and such harmonisation are inappropriate, the Commission should submit appropriate proposals to the European Parliament and the Council.

               (4)

               The same coverage level should apply to all depositors regardless of whether a Member State’s currency is the euro or not. Member States outside the euro area should have the possibility to round off the amounts resulting from the conversion without compromising the equivalent protection of depositors.

               (5)

               A report to be submitted to the European Parliament and to the Council by the Commission should analyse all related issues such as set-offs and counterclaims, the determination of contributions to schemes, the scope of products and depositors covered, the effectiveness of cross-border cooperation between deposit-guarantee schemes and the link between deposit-guarantee schemes and alternative means for reimbursing depositors, such as emergency payout mechanisms. For the purpose of that report, Member States should collect the relevant data and submit them to the Commission on request.

               (6)

               Some Member States have established deposit-guarantee schemes under Directive 94/19/EC which provide full coverage for certain kinds of long-term deposits, such as claims on pensions. It is necessary to respect the rights and expectations of the depositors in such schemes.

               (7)

               Some Member States have established or plan to establish deposit-guarantee schemes under Directive 94/19/EC which provide full coverage for certain temporarily increased account balances. The Commission should assess, by 31 December 2009, whether full coverage for certain temporarily increased account balances should be maintained or introduced.

               (8)

               The functioning of systems which protect the credit institution itself and, in particular, ensure its liquidity and solvency, thus guaranteeing protection for depositors at least equivalent to that provided by a deposit-guarantee scheme, and voluntary systems of depositors compensation which are not introduced or officially recognised by a Member State should not be affected by this Directive.

               (9)

               Member States should encourage deposit-guarantee schemes to consider entering into agreements or improving existing agreements concerning their respective obligations.

               (10)

               The payout delay of three months currently provided for, which can be extended to nine months, runs counter to the need to maintain depositor confidence and does not meet their needs. The payout delay should therefore be reduced to a period of 20 working days. That period should be extended only under exceptional circumstances and after approval by the competent authorities. Two years after the entry into force of this Directive the Commission should submit to the European Parliament and to the Council a report on the effectiveness and delays of the payout procedures assessing whether a further reduction of the delay to 10 working days would be appropriate.

               (11)

               Furthermore, in cases where the payout is triggered by a determination of the competent authorities, the decision period of 21 days currently provided for should be reduced to five working days in order not to impede rapid payout. The competent authorities should, however, first be satisfied that a credit institution has failed to repay deposits which are due and payable. That assessment should be subject to the judicial or administrative procedures of the Member States.

               (12)

               Deposits may be considered unavailable once early intervention or reorganisation measures have been unsuccessful. This should not prevent competent authorities from making further restructuring efforts during the payout delay.

               (13)

               Member States should aim at ensuring the continuity of banking services and access to liquidity of banks, in particular in periods of financial turmoil. For this purpose, Member States are encouraged to make arrangements as soon as possible for ensuring emergency payouts of appropriate amounts upon the application of the affected depositor, within no more than three days of such application. Since the reduction of the current payout delay of three months will have a positive impact on depositor confidence and the proper functioning of the financial markets, Member States and their deposit-guarantee schemes should ensure that the payout delay is as short as possible.

               (14)

               Directive 94/19/EC provides the possibility for Member States to limit coverage to a specified percentage. That option has been demonstrated to undermine depositor confidence and should thus be discontinued.

               (15)

               The measures necessary for the implementation of Directive 94/19/EC 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 (4).

               (16)

               In particular, the Commission should be empowered to adjust the coverage level according to inflation in the European Union on the basis of changes in the harmonised index of consumer prices published by the Commission. Since that measure is of general scope and is designed to amend non-essential elements of Directive 94/19/EC, it must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (17)

               Since the objectives of this Directive, namely the harmonisation of coverage levels and of payout delays, cannot be sufficiently achieved by the Member States because of the multitude of different rules existing in the legal systems of the various Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

               (18)

               Directive 94/19/EC should therefore be amended accordingly.

               (19)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (5), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures and to make them public,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments to Directive 94/19/EC
   Directive 94/19/EC is hereby amended as follows:

               1.

               in Article 1(3)(i), the second paragraph shall be replaced by the following:
               ‘The competent authorities shall make that determination as soon as possible and in any event no later than five working days after first becoming satisfied that a credit institution has failed to repay deposits which are due and payable; or’;

               2.

               Article 4 shall be amended as follows:

                           (a)

                           paragraph 5 shall be replaced by the following:
                           ‘5.   In the cases referred to in paragraphs 1 to 4, Member States shall ensure that deposit-guarantee schemes cooperate with each other.’;

                           (b)

                           the following paragraph shall be added:
                           ‘6.   The Commission shall review the functioning of this Article at least every two years and, if appropriate, propose amendments thereto.’;

               3.

               Article 7 shall be amended as follows:

                           (a)

                           paragraph 1 shall be replaced by the following:
                           ‘1.   Member States shall ensure that the coverage for the aggregate deposits of each depositor shall be at least EUR 50 000 in the event of deposits being unavailable.
                           1a.   By 31 December 2010, Member States shall ensure that the coverage for the aggregate deposits of each depositor shall be set at EUR 100 000 in the event of deposits being unavailable.
                           If, in its report referred to in Article 12, the Commission concludes that such an increase and such harmonisation are inappropriate and not financially viable for all Member States in order to ensure consumer protection and financial stability in the Community and avoid cross-border distortions between Member States, it shall present to the European Parliament and the Council a proposal to amend the first subparagraph.
                           1b.   Member States outside the euro area that convert the amounts expressed in euro referred to in paragraphs 1 and 1a into their national currencies shall ensure that the amounts of national currencies effectively paid to depositors are equivalent to those set out in this Directive.’;

                           (b)

                           paragraph 3 shall be replaced by the following:
                           ‘3.   Paragraph 1a shall not preclude the retention of provisions which offered before 1 January 2008, notably for social considerations, full coverage for certain kinds of deposits.’;

                           (c)

                           paragraph 4 shall be deleted;

                           (d)

                           the following paragraph shall be added:
                           ‘7.   The Commission may adjust the amounts referred to in paragraphs 1 and 1a in accordance with inflation in the European Union on the basis of changes in the harmonised index of consumer prices published by the Commission.
                           That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7a(2).’;

               4.

               the following Article shall be inserted:
               ‘Article 7a
               1.   The Commission shall be assisted by the European Banking Committee established by Commission Decision 2004/10/EC (6).
               2.   Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7) shall apply, having regard to the provisions of Article 8 thereof.

               5.

               in Article 9, paragraph 1 shall be replaced by the following:
               ‘1.   Member States shall ensure that credit institutions make available to actual and intending depositors the information necessary for the identification of the deposit-guarantee scheme of which the institution and its branches are members within the Community or any alternative arrangement provided for in the second subparagraph of Article 3(1) or in Article 3(4). The depositors shall be informed of the provisions of the deposit-guarantee scheme or any alternative arrangement applicable, including the amount and scope of the cover offered by the deposit-guarantee scheme. When a deposit is not guaranteed by a deposit-guarantee scheme in accordance with Article 7(2), the credit institution shall inform the depositor accordingly. All information shall be made available in a readily comprehensible manner.
               Information about the conditions for compensation and the formalities which must be completed to obtain compensation shall be given on request.’;

               6.

               Article 10 shall be amended as follows:

                           (a)

                           paragraph 1 shall be replaced by the following:
                           ‘1.   Deposit-guarantee schemes shall be in a position to pay duly verified claims by depositors in respect of unavailable deposits within 20 working days of the date on which the competent authorities make a determination as referred to in Article 1(3)(i) or a judicial authority makes a ruling as referred to in Article 1(3)(ii). That time limit includes the collection and transmission of the accurate data on depositors and deposits, which are necessary for the verification of claims.
                           In wholly exceptional circumstances, a deposit-guarantee scheme may apply to the competent authorities for an extension of the time limit. Such extension shall not exceed 10 working days.
                           By 16 March 2011, the Commission shall submit to the European Parliament and to the Council a report on the effectiveness and delays of the payout procedures assessing whether reduction to 10 working days of the delay referred to in the first subparagraph could be implemented.
                           Member States shall ensure that deposit-guarantee schemes perform regular tests of their systems and that, if appropriate, they are informed in the event that the competent authorities detect problems in a credit institution that are likely to give rise to the intervention of deposit-guarantee schemes.’;

                           (b)

                           paragraph 2 shall be deleted;

               7.

               Article 12 shall be replaced by the following:
               ‘Article 12
               1.   The Commission shall submit to the European Parliament and to the Council by 31 December 2009 a report on:

                           (a)

                           the harmonisation of the funding mechanisms of deposit-guarantee schemes addressing, in particular, the effects of an absence of harmonisation in the event of a cross-border crisis, in regard to the availability of the compensation payouts of the deposit and in regard to fair competition, and the benefits and costs of such harmonisation;

                           (b)

                           the appropriateness and modalities of providing for full coverage for certain temporarily increased account balances;

                           (c)

                           possible models for introducing risk-based contributions;

                           (d)

                           the benefits and costs of a possible introduction of a Community deposit-guarantee scheme;

                           (e)

                           the impact of diverging legislations as regards set-off, where a depositor’s credit is balanced against its debts, on the efficiency of the system and on possible distortions, taking into account cross-border winding-up;

                           (f)

                           the harmonisation of the scope of products and depositors covered, including the specific needs of small and medium enterprises and local authorities;

                           (g)

                           the link between deposit-guarantee schemes and alternative means for reimbursing depositors, such as emergency payout mechanisms.

                     If necessary, the Commission shall put forward appropriate proposals to amend this Directive.
               2.   Member States shall inform the Commission and the European Banking Committee if they intend to change the scope or level of coverage for deposits and on any difficulty encountered when cooperating with other Member States.’;

               8.

               Annex III shall be deleted.

         Article 2
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2009.
   By way of derogation from the first subparagraph, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the second paragraph of point 3(i) of Article 1, Article 7(1a) and (3) and Article 10(1) of Directive 94/19/EC, as amended by this Directive, by 31 December 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. 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 3
   Entry into force
   This Directive shall enter into force on the third day following its publication in the Official Journal of the European Union.
   Article 4
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         A. VONDRA

      (1)  OJ C 314, 9.12.2008, p. 1.

      (2)  Opinion of the European Parliament of 18 December 2008 (not yet published in the Official Journal) and Council Decisions of 26 February 2009 and of 5 March 2009.

      (3)  OJ L 135, 31.5.1994, p. 5.

      (4)  OJ L 184, 17.7.1999, p. 23.

      (5)  OJ C 321, 31.12.2003, p. 1.

      (6)  OJ L 3, 7.1.2004, p. 36.

      (7)  OJ L 184, 17.7.1999, p. 23.’;


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31987L0181

Council Directive 87/181/EEC of 9 March 1987 amending the Annex to Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances

Official Journal L 071 , 14/03/1987 P. 0033 - 0033 Finnish special edition: Chapter 3 Volume 22 P. 0240  Swedish special edition: Chapter 3 Volume 22 P. 0240

*****COUNCIL  DIRECTIVE  of 9 March 1987  amending the Annex to Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances  (87/181/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (1), as last amended by Directive 86/355/EEC (2), and in particular Article 6 (3) thereof,  Having regard to the proposal from the Commission,  Whereas that Directive provides for the contents of the Annex to be regularly amended to take account of the developments of scientific and technical knowledge;  Whereas it has been established that the use of nitrofen as a plant protection product, in particular as a herbicide, is likely to give rise to harmful effects on human and animal health;  Whereas it has also been established that the uses of 1,2-dibromoethane and 1,2-dichlorroethane as plant protection products, in particular to fumigate plants and soil, are likely to give rise to harmful effects on human and animal health as well as unreasonable adverse influence on the environment,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In the Annex to Directive 79/117/EEC the words 'C. Ethylene oxide' are replaced by:  'C. Other compounds  1. Ethylene oxide'  and the following entries added:  '2. Nitrofen  3. 1,2-Dibromoethane  4. 1,2-Dichloroethane'.  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than:  - 1 January 1988 in respect of nitrofen and 1,2-dibromoethane,  - 1 June 1989 in respect of 1,2-dichloroethane.  They shall immediately inform the Commission thereof.  Article 3  This Directive is addressed to all Member States.  Done at Brussels, 9 March 1987.  For the Council  The President  M. EYSKENS  (1) OJ No L 33, 8. 2. 1979, p. 36.  (2) OJ No L 212, 2. 8. 1986, p. 33.


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31978L0145

Council Directive 78/145/EEC of 30 January 1978 amending for the 13th time Directive 64/54/EEC on the approximation of the laws of the Member States concerning the preservatives authorized for use in foodstuffs intended for human consumption

Official Journal L 044 , 15/02/1978 P. 0023 - 0024 Finnish special edition: Chapter 13 Volume 8 P. 0052  Greek special edition: Chapter 03 Volume 20 P. 0095  Swedish special edition: Chapter 13 Volume 8 P. 0052  Spanish special edition: Chapter 13 Volume 8 P. 0099  Portuguese special edition Chapter 13 Volume 8 P. 0099

****( 1 ) OJ NO C 6 , 9 . 1 . 1978 , P . 117 .  ( 2 ) OPINION DELIVERED ON 14 AND 15 DECEMBER 1977 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).  ( 3 ) OJ NO 12 , 27 . 1 . 1964 , P . 161/64 .  ( 4 ) OJ NO L 223 , 16 . 8 . 1976 , P . 3 .  ( 5 ) OJ NO L 38 , 11 . 2 . 1974 , P . 29 .    COUNCIL DIRECTIVE   OF 30 JANUARY 1978   AMENDING FOR THE 13TH TIME DIRECTIVE 64/54/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE PRESERVATIVES AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION  ( 78/145/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  ( 1 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),   WHEREAS ARTICLE 3 OF COUNCIL DIRECTIVE 64/54/EEC OF 5 NOVEMBER 1963 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE PRESERVATIVES AUTHORIZED FOR USE IN FOODSTUFFS INTENDED FOR HUMAN CONSUMPTION ( 3 ), AS LAST AMENDED BY DIRECTIVE 76/629/EEC ( 4 ), REQUIRES THAT MEMBER STATES SHALL AUTHORIZE THE SMOKING OF CERTAIN FOODSTUFFS ONLY IN SMOKE PRODUCED FROM WOOD OR WOODY PLANTS IN THE NATURAL STATE AND THAT SUCH SMOKING SHOULD NOT CREATE ANY RISK TO HUMAN HEALTH ;   WHEREAS CHAPTER IX ( 2 ) OF ANNEX VII TO THE ACT OF ACCESSION PERMITS DENMARK , IRELAND AND THE UNITED KINGDOM , UP TO AND INCLUDING 31 DECEMBER 1977 , TO MAINTAIN IN FORCE THE PROVISIONS OF THEIR NATIONAL LAWS RELATING TO THE USE IN FOODSTUFFS OF LIQUID SMOKE SOLUTIONS ;   WHEREAS LIQUID SMOKE SOLUTIONS ARE USED PRIMARILY FOR THEIR FLAVOURING PROPERTIES ; WHEREAS THEY MAY HAVE A SUBSIDIARY PRESERVATIVE PROPERTY ;   WHEREAS INVESTIGATIONS ARE TAKING PLACE IN SEVERAL MEMBER STATES ON THE TOXICOLOGICAL ACCEPTABILITY AND ON THE PRECISE TECHNOLOGICAL FUNCTION OF LIQUID SMOKE SOLUTIONS ; WHEREAS THE SITUATION MUST BE REVIEWED IN THE LIGHT OF THESE INVESTIGATIONS ;   WHEREAS IT IS THEREFORE NOT YET POSSIBLE TO TAKE FINAL DECISIONS AS TO WHETHER OR NOT THE USE OF LIQUID SMOKE SOLUTIONS SHOULD BE AUTHORIZED WITHIN THE COMMUNITY NOR AS TO THE MANNER IN WHICH THIS AUTHORIZATION SHOULD BE BROUGHT ABOUT ;   WHEREAS COUNCIL DIRECTIVE 74/62/EEC OF 17 DECEMBER 1973 AMENDING FOR THE NINTH TIME DIRECTIVE 64/54/EEC ( 5 ), PERMITS MEMBER STATES TO MAINTAIN UNTIL 31 DECEMBER 1977 THE PROVISIONS OF THEIR NATIONAL LAWS RELATING TO THE USE OF FORMALDEHYDE IN GRANA PADANO CHEESE ;   WHEREAS ON THE BASIS OF THE MOST RECENT SCIENTIFIC AND TOXICOLOGICAL INFORMATION IT IS NOW POSSIBLE TO MAINTAIN SUCH AUTHORIZATION PROVIDING THE RESIDUES OF FORMALDEHYDE ARE NEGLIGIBLE ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   1 .  ARTICLE 5 ( 2 ) OF DIRECTIVE 64/54/EEC SHALL BE REPLACED BY THE FOLLOWING :   ' 2 .  BY WAY OF DEROGATION FROM ARTICLE 1 , MEMBER STATES MAY AUTHORIZE UNTIL 31 DECEMBER 1980 THE USE OF LIQUID SMOKE SOLUTIONS . '   2 .  THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ARTICLE 5 OF DIRECTIVE 64/54/EEC :   ' 3 . ( A ) BY WAY OF DEROGATION FROM ARTICLE 1 , MEMBER STATES MAY MAINTAIN THE PROVISIONS OF THEIR NATIONAL LAWS RELATING TO THE USE OF FORMALDEHYDE IN GRANO PADANO CHEESE PROVIDED THAT WHEN THE FINAL PRODUCT IS MARKETED , THE LEVEL OF FORMALDEHYDE , FREE AND/OR COMBINED , SHALL NOT EXCEED 0.5 MILLIGRAM PER KILOGRAM .  ( B ) WITHIN THREE YEARS FOLLOWING NOTIFICATION OF THIS DIRECTIVE , THE COMMISSION SHALL RE-EXAMINE THE DEROGATIONS IN SUBPARAGRAPH ( A ) AND SHALL PROPOSE ANY NECESSARY AMENDMENTS TO THE COUNCIL . '   ARTICLE 2   ARTICLE 1 SHALL TAKE EFFECT FROM 1 JANUARY 1978 .   ARTICLE 3   MEMBER STATES SHALL BRING INTO FORCE NOT LATER THAN 12 MONTHS AFTER NOTIFICATION OF THIS DIRECTIVE THE LAWS , REGULATIONS OR ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .   ARTICLE 4   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 30 JANUARY 1978 .   FOR THE COUNCIL   THE PRESIDENT   P . DALSAGER


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31989L0365

Council Directive 89/365/EEC of 30 May 1989 amending Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances

Official Journal L 159 , 10/06/1989 P. 0058 - 0058 Finnish special edition: Chapter 3 Volume 29 P. 0122  Swedish special edition: Chapter 3 Volume 29 P. 0122

*****COUNCIL  DIRECTIVE  of 30 May 1989  amending Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances  (89/365/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (1), as last amended by Directive 87/477/EEC (2), and in particular Article 6 (3) thereof,  Having regard to the proposal from the Commission,  Whereas Directive 79/117/EEC provided for the contents of its Annex to be regularly amended to take account of the development of scientific and technical knowledge;  Whereas, by Directive 86/355/EEC (3), amending the Annex to Directive 79/117/EEC, the marketing and use of ethylene oxide as a plant protection product was prohibited, subject to certain temporary national exceptions for certain minor commodities, where special need exists, until other methods of treatment become available;  Whereas these exceptions will expire on 31 December 1989;  Whereas the Commission has reviewed the situation concerning possible satisfactory alternative methods of treatment to replace ethylene oxide; whereas it appears from this review that, at present, there is no such alternative method of treatment generally available in respect of two of these exceptions;  Whereas, accordingly, it seems necessary to postpone the expiry date of these two exceptions,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annex to Directive 79/117/EEC is hereby amended as follows:  In entry C 'Ethylene oxide', in the right-hand column, the final sentence is replaced by the following:  'Derogations (a), (d), and (e) shall expire on 31 December 1989 at the latest and derogations (b) and (c) on 31 December 1990 at the latest.'  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1989. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 30 May 1989.  For the Council  The President  C. ROMERO HERRERA  (1) OJ No L 33, 8. 2. 1979, p. 36.  (2) OJ No L 273, 26. 9. 1987, p. 40.  (3) OJ No L 212, 2. 8. 1986, p. 33.


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31987L0477

Commission Directive 87/477/EEC of 9 September 1987 amending for the third time the Annex to Council Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances

Official Journal L 273 , 26/09/1987 P. 0040 - 0040 Finnish special edition: Chapter 3 Volume 24 P. 0130  Swedish special edition: Chapter 3 Volume 24 P. 0130

*****COMMISSION  DIRECTIVE  of 9 September 1987  amending for the third time the Annex to Council Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances  (87/477/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (1), as last amended by Directive 87/181/EEC (2), and in particular Article 6 thereof,  Whereas the development of scientific and technical knowledge makes necessary certain amendments to the Annex to Directive 79/117/EEC;  Whereas it seems desirable to delete a certain number of temporary derogations from the prohibitions laid down in the Directive since less hazardous treatments are now available;  Whereas all Member States have informed the Commission that they do not intend or no longer intend to avail themselves of these derogations;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annex to Directive 79/117/EEC is hereby amended as follows:  1. in Part A, 'Mercury compounds':  (a) under item 4, 'Alkyl mercury compounds', the text in column 2 is replaced by: 'Treatment of sugar beet seed';  (b) under item 5, 'Alkoxyalkyl and aryl mercury compounds', the text in column 2 is replaced by: 'Seed treatment of cereals and beet';  2. in Part B, 'Persistent organo-chlorine compounds', under item 1, 'Aldrin', the text of item (b) in column 2 is amended by the deletion of the words 'Ireland and'.  Article 2  Member States shall, not later than 1 January 1988, bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 9 September 1987.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 33, 8. 2. 1979, p. 36.  (2) OJ No L 71, 14. 3. 1987, p. 33.


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31991L0410

Commission Directive 91/410/EEC of 22 July 1991 adapting to technical progress for the fourteenth time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

Official Journal L 228 , 17/08/1991 P. 0067 - 0068 Finnish special edition: Chapter 13 Volume 20 P. 0234  Swedish special edition: Chapter 13 Volume 20 P. 0234

COMMISSION DIRECTIVE of 22 July 1991 adapting to technical progress for the fourteenth time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (91/410/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1), as last amended by Directive 79/831/EEC (2), and in particular Article 19 thereof;  Whereas, pursuant to Article 15 (2) of Directive 67/548/EEC, containers containing certain dangerous substances intended for domestic use must be fitted with child-resistant fastenings and/or carry a tactile warning of danger;  Whereas, pursuant to Article 6 (2) of Council Directive 88/379/EEC (3), containers containing certain categories of dangerous preparations offered or sold to the general public are to be fitted with child-resistant fastenings and/or carry a tactile warning of danger;  Whereas all forms of packages which are sufficiently safe for children, especially those defined by international standards, can be considered as packages fitted with childresistant fastenings;  Whereas the technical specifications relating to these provisions are set out in Annex IX, parts A and B of Directive 67/548/EEC ; whereas Article 19 of Directive 79/831/EEC provides that Annex IX arises from the procedure of the Committee for Adaptation to Technical Progress;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in dangerous Substances and Preparations,  HAS ADOPTED THIS DIRECTIVE:     Article 1 The text of Annex IX to Directive 67/548/EEC is replaced by the text appearing in the Annex to the present Directive.    Article 2 1. By 1 August 1992, Member States shall adopt and publish the provisions necessary to comply with this Directive and shall forthwith inform the Commission thereof. They shall apply these provisions from 1 November 1992 at the latest.  2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.    Article 3 This Directive is addressed to the Member States.     Done at Brussels, 22 July 1991.  For the Commission  Martin BANGEMANN  Vice-President  (1) OJ No L 196, 16.8.1967, p. 1. (2) OJ No L 259, 15.10.1979, p. 10. (3) OJ No L 187, 16.7.1988, p. 14.      ANNEX The text of Annex IX is replaced by the following text.  "ANNEX IX  PART A  Provisions relating to child-proof fastenings     1. Reclosable packages  Child-proof fastenings used on reclosable packages shall comply with ISO standard 8317 (1 July 1989 edition) relating to "Child-resistant packages - Requirements and methods of testing for reclosable packages" adopted by the International Standard Organization (ISO).       2. Non-reclosable packages (p.m.)       3. Notes      1. Evidence of conformity with the above standard may be certified only by laboratories which conform with European Standards Series EN 45 000.           2. Specific cases  If it seems obvious that packaging is sufficiently safe for children because they cannot get access to the contents without the help of a tool, the test doesn't need to be performed.  In all other cases and when there are sufficient grounds for doubting the security of the closure for a child, the national authority may ask the person responsible for putting the product on the market to give him a certificate from a test house described below, that either:     - the type of closure is such that it is not necessary to test to the ISO standard referred to above,  or        - the closure has been tested and has been found to conform with the standard referred to above.                          Part B  Provisions relating to tactile warning devices  The technical specifications for tactile warning devices shall conform with EN standard 272 (20 August 1989 edition) relating to tactile warning of danger."


title: Commission Directive 2008/15/EC of 15 February 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include clothianidin as an active substance in Annex I thereto (Text with EEA relevance)

text:
               16.2.2008

               EN

               Official Journal of the European Union

               L 42/45

      COMMISSION DIRECTIVE 2008/15/EC
   of 15 February 2008
   amending Directive 98/8/EC of the European Parliament and of the Council to include clothianidin as an active substance in Annex I thereto
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular the second subparagraph of Article 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market and amending Regulation (EC) No 1896/2000 (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I, IA or IB to Directive 98/8/EC. That list includes clothianidin.

               (2)

               Pursuant to Regulation (EC) No 2032/2003, clothianidin has been evaluated in accordance with Article 11(2) of Directive 98/8/EC for use in product type 8, wood preservatives, as defined in Annex V to Directive 98/8/EC.

               (3)

               Germany was designated as Rapporteur Member State and submitted the competent authority report, together with a recommendation, to the Commission on 15 December 2005 in accordance with Article 10(5) and (7) of Regulation (EC) No 2032/2003.

               (4)

               The competent authority report was reviewed by the Member States and the Commission. In accordance with Article 11(4) of Regulation (EC) No 2032/2003, the findings of the review were incorporated, within the Standing Committee on Biocidal Products on 21 June 2007, in an assessment report.

               (5)

               The review of clothianidin did not reveal any open questions or concerns to be addressed by the Scientific Committee on Health and Environmental Risks.

               (6)

               It appears from the examinations made that biocidal products used as wood preservatives and containing clothianidin may be expected to satisfy the requirements laid down in Article 5 of Directive 98/8/EC. However, unacceptable risks were identified for uses of treated wood outdoors but not in ground or water contact. It is therefore appropriate to include clothianidin in Annex I to Directive 98/8/EC, in order to ensure that in all Member States authorisations for biocidal products used as wood preservatives and containing clothianidin can be granted, modified, or cancelled in accordance with Article 16(3) of Directive 98/8/EC. Authorisations for products to be used for the treatment of wood that will be used outdoors will require the submission of data in order to demonstrate that the products can be used without unacceptable risks to the environment.

               (7)

               In the light of the findings of the assessment report, it is appropriate to require that risk mitigation measures are applied at product authorisation level to products containing clothianidin and used as wood preservatives to ensure that risks be reduced to an acceptable level in accordance with Article 5 and Annex VI of Directive 98/8/EC. Special attention should be paid to measures aimed at protecting the soil, surface water and groundwater compartments since unacceptable risks in these compartments have been identified during the evaluation of the submitted dossier from certain uses.

               (8)

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

               (9)

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

               (10)

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

               (11)

               After inclusion, Member States should be allowed a reasonable period to implement Article 16(3) of Directive 98/8/EC, and in particular, to grant, modify or cancel authorisations of biocidal products in product type 8 containing clothianidin to ensure that they comply with Directive 98/8/EC.

               (12)

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

               (13)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 31 January 2009 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 February 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.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 15 February 2008.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 123, 24.4.1998, p. 1. Directive as last amended by Commission Directive 2007/70/EC (OJ L 312, 30.11.2007, p. 26).

      (2)  OJ L 307, 24.11.2003, p. 1. Regulation as last amended by Regulation (EC) No 1849/2006 (OJ L 355, 15.12.2006, p. 63).

      ANNEX
      The following entry ‘No 3’ is inserted in Annex I to Directive 98/8/EC:

                     No

                     Common name

                     IUPAC name
                     Identification numbers

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

                     Date of inclusion

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

                     Expiry date of inclusion

                     Product type

                     Specific provisions (1)

                     ‘3

                     clothianidin

                     (E)-1-(2-Chloro-1,3-thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine
                     EC No: 433-460-1
                     CAS No: 210880-92-5

                     950 g/kg

                     1 February 2010

                     31 January 2012

                     31 January 2020

                     8

                     When assessing, in accordance with Article 5 and Annex VI, the application for authorisation of a product, Member States shall assess those use/exposure scenarios and/or populations that have not been representatively addressed in the Community level risk assessment and that may be exposed to the product. When granting product authorisation, Member States shall assess the risks and subsequently ensure that appropriate measures are taken or specific conditions imposed in order to mitigate the identified risks. Product authorisation can only be granted where the application demonstrates that risks can be reduced to acceptable levels.
                     Member States shall ensure that authorisations are subject to the following conditions:
                     In view of the risk identified for the soil, surface water and groundwater compartments, products cannot be authorised for the treatment of wood that will be used outdoors unless data is submitted to demonstrate that the product will meet the requirements of Article 5 and Annex VI, if necessary by the application of appropriate risk mitigation measures. In particular, labels and/or safety-data sheets of products authorised for industrial use indicate that freshly treated timber must be stored after treatment on impermeable hard standing to prevent direct losses to soil and that any losses must be collected for reuse or disposal.’

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


Avis juridique important

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31966L0404

Council Directive 66/404/EEC of 14 June 1966 on the marketing of forest reproductive material

Official Journal 125 , 11/07/1966 P. 2326 - 2332 Finnish special edition: Chapter 3 Volume 1 P. 0160  Danish special edition: Series I Chapter 1965-1966 P. 0141  Swedish special edition: Chapter 3 Volume 1 P. 0160  English special edition: Series I Chapter 1965-1966 P. 0161  Greek special edition: Chapter 03 Volume 2 P. 0021  Spanish special edition: Chapter 03 Volume 1 P. 0203  Portuguese special edition Chapter 03 Volume 1 P. 0203

COUNCIL DIRECTIVE of 14 June 1966 on the marketing of forest reproductive material (66/404/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 1;  Having regard to the Opinion of the Economic and Social Committee;  Whereas forests cover 21 76 % of the area of the European Economic Community and whereas both the restocking of these forests and new afforestation require increasing quantities of forest reproductive material;  Whereas research on forest tree selection has shown that if forest production is to be increased substantially and the conditions necessary for land productivity thus improved it is necessary to use genetically superior reproductive material;  Whereas, moreover, various Member States have for some years been applying rules based on these considerations ; whereas the discrepancies between those rules constitute an obstacle to trade between Member States ; whereas it is in the interest of all the Member States that Community rules imposing the highest possible standards should be established;  Whereas such rules should apply to marketing both in other Member States and on domestic markets;  Whereas such rules should take account of practical needs and should apply only to those genera and species which are of importance for timber crop afforestation;  Whereas genetic characters as understood at present in forestry work means the hereditary constitution, as opposed to the external features of reproductive material ; whereas research has been undertaken on problems connected with these external features but has not yet been completed ; whereas Community rules should therefore refer at present only to the genetic characters of reproductive material;  Whereas, as regards Community reproductive material, approval of basic material and, consequently, delimitation of regions of provenance are fundamental to selection ; whereas the Member States should apply uniform rules imposing the highest possible standards for the approval of basic material ; whereas only reproductive material derived from such material should be placed on the market ; whereas the Member States should establish lists of regions of provenance specifying, where known, the origin of basic material;  Whereas reproductive material which is not placed on the market should not, in view of its minor economic importance, be subject to Community rules ; whereas the Member States must retain the right to make such reproductive material subject to special measures;  Whereas certain derogations should be permitted in respect of reproductive material intended for export, or re-export, to third countries;  Whereas it is necessary to ensure that, in addition to possessing the required genetic quality, reproductive material intended for marketing or placed on the market is properly source-identified;  Whereas the Member States should be authorised to require that reproductive material introduced into their territory be accompanied by an official certificate;  Whereas, in order to ensure that requirements as to genetic quality and proper source-identification are   1 OJ No 109, 9.7.1964, p. 1777/64.   satisfied at the time of marketing, the Member States must make provision for appropriate control arrangements;  Whereas reproductive material satisfying these requirements must be subject only to such marketing restrictions as are provided for in Community rules ; whereas the restrictions allowed include, in particular, the right of Member States to prohibit trade in reproductive material which is unsuitable for use in their territory;  Whereas reproductive material coming from third countries may not be marketed within the Community unless it affords the same assurances as Community reproductive material as regards the genetic value of the basic material and its source-identity;  Whereas, during periods in which there are temporary difficulties in obtaining supplies of certain genera and species of reproductive material complying with the principles of this Directive, reproductive material satisfying less stringent requirements should, subject to certain conditions, be temporarily approved;  Whereas the Commission should be entrusted with the task of adopting certain measures for the application of this Directive ; whereas, in order to facilitate implementation of the proposed measures, a procedure should be provided for establishing close co-operation between the Member States and the Commission within a Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry;  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply, in so far as genetic character is in question, to forest reproductive material marketed within the Community.   Article 2 1. This Directive covers:    (a) Reproductive material derived from:  Abies alba Mill. (Abies pectinata D.C.)  Fagus sylvatica L.  Larix decidua Mill.  Larix leptolepis (Sieb. & Zucc.) Gord.  Picea abies Karst. (Picea excelsa Link.)  Picea sitchensis Trautv. et Mey. (Picea menziesii  Carr.)  Pinus nigra Arn. (Pinus laricio Poir.)  Pinus sylvestris L.  Pinus strobus L.  Pseudotsuga taxifolia (Poir.) Britt (Pseudotsuga  douglasii Carr., Pseudotsuga menziesii (Mirb.)  Franco.)  Quercus borealis Michx. (Quercus rubra Du  Roi.)  Quercus pedunculata Ehrh. (Quercus robur L.)  Quercus sessiliflora Sal. (Quercus petraea Liebl.)       (b) Vegetative reproductive material derived from:  Populus         2. Member States shall remain free to make reproductive material of other genera and species and Populus reproductive material produced by sexual means subject to the principles of this Directive ; where such action is taken less stringent requirements may be imposed.   Article 3 For the purposes of this Directive the following definitions shall apply:    A. Reproductive material:      (a) Seeds : cones, infructescences, fruits and seeds  intended for the production of plants;           (b) Parts of plants : cuttings, layers and scions  intended for the production of plants;           (c) Young plants : plants raised by means of seeds  or parts of plants ; also includes natural  regeneration.                  B. Basic material:      (a) Stands and conservation seed orchards-for  reproductive material produced by sexual  means;           (b) Clones-for reproductive material produced  by vegetative means.                  C. Conservation seed orchard:  An orchard raised artificially from reproductive  material originating in one or more officially  approved stands of the same region of  provenance, and intended for the production of  seed.        D. Provenance:  The area on which any indigenous or  non-indigenous stand of trees is growing.       E. Origin:  The area on which an indigenous stand of trees is  growing, or the place from which a  non-indigenous stand was originally introduced.       F. Region of provenance:  For a genus, species, subspecies or distinct  variety, the area or group of areas subject to  sufficiently uniform ecological conditions on  which are found stands whose genetic or at least  morphological characters are similar and of  equivalent value for the production of wood.  The region of provenance of reproductive  material grown in a conservation seed orchard is  that of the basic material used for the creation of  the orchard.       G. Official measures : measures taken      (a) by State authorities, or           (b) by any legal person, whether governed by  public or by private law, acting under the  responsibility of a State, provided that such  person derives no private gain from such  measures.                     Article 4 1. The Member States shall provide that reproductive material may not be placed on the market unless it is derived from officially approved basic material.  2. Member States may provide for derogations from the provisions of paragraph 1:    (a) for tests or for scientific purposes;       (b) for selection work.         3. Paragraph 1 shall not apply to parts of plants or to young plants which are shown to be intended mainly for purposes other than the production of wood.   Article 5 The Member States shall provide that only basic material whose qualities are such as to make it suitable for reproductive purposes and which has no characters undesirable for the production of wood may be officially approved. Approval shall be based on the criteria given in Annex 1.   Article 6 Each Member State shall, for each of the various genera and species, establish a list of the basic material officially approved in its territory. The origin of the basic material shall be given where it is known. These lists and any alterations made to them shall be sent forthwith to the Commission which shall communicate them to the other Member States.   Article 7 In the case of reproductive material produced by sexual means, the Member States shall delimit regions of provenance defined by means of administrative or geographic boundaries and, where applicable, by altitudinal boundaries.   Article 8 1. The Member States shall provide that reproductive material must, during collection, processing, storing, transport and raising, be kept in lots separated and identified according to the following criteria:    (a) Genus and species and, where applicable,  subspecies and variety;       (b) Clone-for reproductive material produced by  vegetative means;       (c) Region of provenance-for reproductive material  produced by sexual means;       (d) Place of provenance and altitude-for  reproductive material produced by sexual means  which is not derived from officially approved  basic material;       (e) Origin-indigenous or non-indigenous;       (f) Year of ripening of seed;       (g) Length of time in the nursery as seedlings or, in  the case of young plants, as young plants  transplanted one or more times.         2. Paragraph 1 shall not apply to parts of plants or young plants which are shown to be intended mainly for purposes other than the production of wood.   Article 9 1. The Member States shall provide that reproductive material may be marketed only in consignments which conform to the requirements of Article 8 and are accompanied by a document  binding upon its signatory which gives the criteria set out above and contains the following information:    (a) Botanical name of the reproductive material;       (b) Name of supplier responsible for the lot;       (c) Quantity;       (d) In the case of seed from conservation seed  orchards and of young plants raised from such  seed, the words "reproductive material from conservation  seed orchards".         2. Paragraph 1 shall not apply to parts of plants or young plants which are shown to be intended mainly for purposes other than the production of wood.   Article 10 The Member States shall require that seed be marketed only in sealed packages. The sealing device shall be such as will become unserviceable when the package is opened.   Article 11 1. The Member States shall, by an official control system set up or approved by them, ensure that reproductive material remains source-identified from collection to delivery to the final consumer.  2. Paragraph 1 shall not apply to parts of plants or plants which are shown to be intended mainly for purposes other than the production of wood.   Article 12 1. Member States may provide that no reproductive material be introduced into their territory unless it is accompanied by an official certificate of another Member State conforming to the model in Annex II, or by an equivalent certificate of a third country ; the latter certificate must give in particular:    (a) The region of provenance-or place of  provenance and altitude-for reproductive  material produced by sexual means;       (b) The clonal identity-for reproductive material  produced by vegetative means.         2. Paragraph 1 shall not apply to parts of plants or young plants which are shown to be intended mainly for purposes other than the production of wood.   Article 13 1. The Member States shall ensure that, as regards the genetic characters of the basic material and the measures taken for its source-identification, reproductive material is subject to no marketing restrictions other than those laid down in this Directive.  2. Member States may take measures to prevent the productive capacity of the timber crop of their forests from being unfavourably affected by reproductive material which, by reason of its genetic characters, is unsuited for use in their territory ; these provisions shall not apply to parts of plants or young plants which are shown to be intended mainly for purposes other than the production of wood.  3. Where the measures provided for in paragraph 2 affect reproductive material produced in another Member State they shall be the subject of prior consultation with the other Member States and the Commission. In cases of urgency, only the Member States affected and the Commission shall be consulted.  4. In the case provided for in the second sentence of paragraph 3, Member States may themselves, during a period of two years reckoned from the dates laid down in Article 18 (1), adopt the measures provided for in paragraph 2 without consulting the Member States affected or the Commission. They shall forthwith inform those Member States and the Commission of any measures adopted.   Article 14 1. The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether reproductive material produced in a third country affords the same assurances as regards the genetic characters of its basic material and the measures taken for its source-identification as does reproductive material produced 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, Member States shall be free to take such decisions. This right shall, in respect of the various genera and species, expire five years after the dates laid down in Article 18 (1).   Article 15 1. In order to remove any temporary difficulties in the general supply of reproductive material satisfying the requirements of this Directive, that occur in one or more Member States and cannot be overcome within the Community, the Commission shall, at the request of at least one  Member State affected and in accordance with the procedure laid down in Article 17, authorise one or more Member States to approve for marketing, for a period to be set by the Commission, reproductive material of one or more species which satisfies less stringent requirements.  Where such action is taken, the document required under Article 9 (1) shall state that the material in question satisfies less stringent requirements.  2. Member States may provide that this statement also appear on the certificate provided for in Article 12 (1).   Article 16 Member States may provide for derogations from the provisions of this Directive in respect of reproductive material intended for export, or re-export, to third countries. They shall ensure that such reproductive material has not been mixed with material satisfying the requirements of this Directive and placed on the Community market.   Article 17 1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State, to the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry (hereinafter called the "Committee") set up by the Council Decision of 14 June 1966 1.  2. Within the Committee the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.  3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its Opinion on the measures within a time-limit set by the Chairman according to the urgency of the matter. Opinions shall be delivered by a majority of twelve votes.  4. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the Opinion of the Committee, they shall forthwith be communicated by the Commission to the Council. In that event, the Commission may defer application of the measures which it has adopted for not more than one month from the date of such communication.  The Council, acting by a qualified majority, may take a different decision within one month.   Article 18 1. The Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive and its Annexes:    (a) not later than 1 July 1967 for seeds and parts of  plants of:  Abies alba Mill.  Picea abies Karst.  Pinus sylvestris L.  Pseudotsuga taxifolia Britt.;       (b) not later than 1 July 1969 for seeds and parts  of plants of:  Larix decidua Mill.  Larix leptolepis (Sieb. & Zucc.) Gord.  Picea sitchensis Trautv. et Mey.  Pinus nigra Arn.  Pinus strobus L.;       (c) not later than 1 July 1971 for seeds and parts of  plants of:  Fagus sylvatica L.  Quercus borealis Michx.  Quercus pedunculata Ehrh.  Quercus sessiliflora Sal.  Populus.         2. For seeds from conifer genera and species collected before the dates given in paragraph 1, these time limits may be extended by two years.  3. For young plants, the time limits shall be extended by four years, reckoned from the dates given in paragraph 1 or set on the basis of paragraph 2.  4. The Member States shall inform the Commission of the entry into force of these provisions forthwith.   Article 19 This Directive is addressed to the Member States.     Done at Brussels, 14 June 1966.  For the Council  The President  P. WERNER   1 OJ No 125, 11.7.1966 p. 2289/66.      ANNEX I Requirements for the approval of basic material  A. STANDS     1. Basic material - In approving basic material, preference shall be given to indigenous stands,  or to non-indigenous stands of proven value.       2. Location - The stands shall be situated at a sufficient distance from poor stands of the  same species or from stands of a related species or variety which can form hybrids with the  species in question. This requirement is particularly important when the surrounding stands  are not indigenous.       3. Uniformity - The stands shall show a normal degree of individual variation in morphological  characters.       4. Volume Production - Volume production is often an essential criteria for approval ;  where this is the case, volume production must be superior to the accepted mean under  similar ecological conditions.       5. Wood quality - The quality shall be taken into account ; in some cases it may become an  essential criterion.       6. Morphology - The stands shall show particularly good morphological features especially  as regards straightness of stem, branching habit, small size of branches and natural pruning ;  the proportion of forked trees and of those showing spiral grain shall be as low as possible.       7. Health and resistance - The stands shall in general be healthy and show, in the place  where they are growing, maximum resistance to harmful organisms and to adverse external  conditions.       8. Effective Size of the Population - The stands shall consist of one or more groups of trees  with adequate interpollination. To avoid the unfavourable effects of inbreeding, the stands  shall consist of a sufficient number of individuals on a minimum area.       9. Age - The stands shall, as far as possible, consist of trees of such an age that the criteria  given above can be clearly judged.        B. CONSERVATION SEED ORCHARDS  Conservation seed orchards shall be established in such a way that sufficient guarantee exists that the seed collected will represent at least the average genetic quality of the basic material forming the seed orchard.  C. CLONES     1. Items 4, 5, 6, 7 and 9 of Part A shall apply correspondingly.       2. The clones shall be identifiable by distinctive characters.       3. The value of clones shall be established by experience or demonstrated by sufficiently  prolonged experimentation.          ANNEX II >PIC FILE= "T0019173">


title: Commission Directive 2005/81/EC of  28 November 2005  amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings   (Text with EEA relevance)

text:
               29.11.2005

               EN

               Official Journal of the European Union

               L 312/47

      COMMISSION DIRECTIVE 2005/81/EC
   of 28 November 2005
   amending Directive 80/723/EEC on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 86(3) thereof,
   Whereas:

               (1)

               Commission Directive 80/723/EEC (1) requires Member States to ensure the transparency of financial relations between public authorities and public undertakings as well as within certain undertakings. Undertakings required to maintain separate accounts are undertakings that enjoy special or exclusive rights granted by a Member State as referred to in Article 86(1) of the Treaty or are entrusted with the operation of a service of general economic interest as referred to in Article 86(2) of the Treaty and receive State aid in any form whatsoever in relation to such service and that carry on other activities.

               (2)

               Member States may grant firms entrusted with the operation of services of general economic interest compensation to cover the specific costs of such services. Such compensation may not, however, exceed what is necessary for the operation of the services in question and must not be used to finance activities outside the scope of the service of general economic interest.

               (3)

               Pursuant to Directive 80/723/EEC, separate accounts must be maintained only where an undertaking entrusted with the operation of services of general economic interest receives State aid. In its judgment in Altmark Trans GmbH
                   (2) the Court of Justice of the European Communities held that, under certain conditions, public service compensation does not constitute State aid within the meaning of Article 87(1) of the Treaty.

               (4)

               However, irrespective of the legal classification of public service compensation in the light of Article 87(1) of the Treaty, the obligation to maintain separate accounts should apply to all undertakings receiving such compensation that also carry on activities outside the scope of the service of general economic interest. It is only by maintaining separate accounts that the costs imputable to the service of general economic interest can be identified and the correct amount of compensation calculated.

               (5)

               Directive 80/723/EEC should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Article 2(1)(d) of Directive 80/723/EEC is replaced by the following:

               ‘(d)

               undertaking required to maintain separate accounts. means any undertaking that enjoys a special or exclusive right granted by a Member State pursuant to Article 86(1) of the Treaty or is entrusted with the operation of a service of general economic interest pursuant to Article 86(2) of the Treaty, that receives public service compensation in any form whatsoever in relation to such service and that carries on other activities;’.

         Article 2
   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 December 2006 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   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 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 28 November 2005.

            For the Commission

         Neelie KROES

            Member of the Commission

      (1)  OJ L 195, 29.7.1980, p. 35. Directive as last amended by Directive 2000/52/EC (OJ L 193, 29.7.2000, p. 75).

      (2)  Case C-280/00 Altmark Trans GmbH and Regierungspräsidium Magdeburg v Nahverkehrsgesellschaft Altmark GmbH [2003] ECR I-7747.


Avis juridique important

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31985L0298

Commission Directive 85/298/EEC of 22 May 1985 amending for the second time the Annex to Council Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances

Official Journal L 154 , 13/06/1985 P. 0048 - 0048 Finnish special edition: Chapter 3 Volume 18 P. 0188  Spanish special edition: Chapter 03 Volume 35 P. 0109  Swedish special edition: Chapter 3 Volume 18 P. 0188  Portuguese special edition Chapter 03 Volume 35 P. 0109

*****COMMISSION  DIRECTIVE  of 22 May 1985  amending for the second time the Annex to Council Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances  (85/298/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (1), as last amended by Directive 83/131/EEC (2), and in particular Article 6 thereof,  Whereas the development of scientific and technical knowledge makes necessary certain amendments to the Annex to Directive 79/117/EEC;  Whereas it seems desirable to delete a certain number of temporary derogations from the prohibitions laid down in the Directive since less hazardous treatment are now available;  Whereas all Member States have informed the Commission that they do not intend or no longer intend to avail themselves of these derogations;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The Annex to Directive 79/117/EEC is hereby amended as follows:  1. In Part A, 'Mercury compounds':  (a) under item 2, 'Mercurous chloride (calomel)', the text of item (c) is deleted:  (b) under item 5, 'Alkoxyalkyl and aryl mercury compounds', the texts of items (a) and (b) are deleted.  2. In Part B, 'Persistent organo-chlorine compounds':  (a) under item 1, 'Aldrin', the text of item (a) is replaced by the following: 'Treatment of growing media of container-grown ornamentals against Otiorrynchus';  (b) under item 4, 'DDT', the text in column 2 is deleted;  (c) under item 5, 'Endrin':  (aa) the text of item (a) is replaced by the following: 'As an acaricide on cyclamen';  (bb) item (b) is deleted.  Article 2  Member States shall, not later than 1 January 1986, bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 22 May 1985.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 33, 8. 2. 1979, p. 36.  (2) OJ No L 91, 9. 4. 1983, p. 35.


Important legal notice

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32004L0064

Commission Directive 2004/64/EC of 26 April 2004 amending Commission Directive 2003/84/EC as regards time limits (Text with EEA relevance)

Official Journal L 125 , 28/04/2004 P. 0042 - 0042

Commission Directive 2004/64/ECof 26 April 2004amending Commission Directive 2003/84/EC as regards time limits(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), and in particular Article 6(1) thereof,Whereas:(1) Commission Directive 2003/84/EC(2) amends Council Directive 91/414/EEC to include flurtamone, flufenacet, iodosulfuron, dimethenamid-p, picoxystrobin, fosthiazate and silthiofam as active substances in Annex I to that Directive.(2) After inclusion of a new active substance, Member States should be allowed a reasonable period to implement the provisions of Directive 91/414/EEC as regards plant protection products containing this active substance and in particular to review existing provisional authorisations and, by the end of this period at the latest, to transform those authorisations into full authorisations, to amend them or to withdraw them in accordance with the provisions of Directive 91/414/EEC.(3) The timelines for the implementation given in Directive 2003/84/EEC are not in line with the timelines given for other new active substances. In order to harmonise the approach for all substances under the current review phase, any considerable difference between the timelines applicable for different new active substances should be avoided.(4) It is therefore appropriate to amend Directive 2003/84/EC accordingly.(5) 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 1Article 3 of Directive 2003/84/EC is amended as follows:Paragraph 2 is replaced by the following:"2. For each authorised plant protection product containing flurtamone, flufenacet, iodosulfuron, dimethenamid-p, picoxystrobin, fosthiazate or silthiofam as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 December 2003 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.Following that determination Member States shall:(a) in the case of a product containing flurtamone, flufenacet, iodosulfuron, dimethenamid-p, picoxystrobin, fosthiazate or silthiofam as the only active substance, where necessary, amend or withdraw the authorisation by 30 June 2005 at the latest; or(b) in the case of a product containing flurtamone, flufenacet, iodosulfuron, dimethenamid-p, picoxystrobin, fosthiazate or silthiofam as one of several active substances, where necessary, amend or withdraw the authorisation by 30 June 2005 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest."Article 2This Directive shall enter into force on the twentieth day after the date of publication.Article 3This Directive is addressed to the Member States.Done at Brussels, 26 April 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 230, 19.08.1991, p. 1. Directive as last amended by Commission Directive 2004/30/EC (OJ L 77, 13.3.2004, p. 50.(2) OJ L 247, 30.9.2003, p. 20.


Avis juridique important

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31999L0098

Commission Directive 1999/98/EC of 15 December 1999 adapting to technical progress Directive 96/79/EC of the European Parliament and of the Council on the protection of occupants of motor vehicles in the event of a frontal impact (Text with EEA relevance)

Official Journal L 009 , 13/01/2000 P. 0014 - 0021

COMMISSION DIRECTIVE 1999/98/ECof 15 December 1999adapting to technical progress Directive 96/79/EC of the European Parliament and of the Council on the protection of occupants of motor vehicles in the event of a frontal impact(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailer(1) as, last amended by Directive 98/91/EC of the European Parliament and of the Council(2) and in particular Article 13 (2) thereof,Having regard to Directive 96/79/EC of the European Parliament and of the Council of 16 December 1996 on the protection of occupants, of motor vehicles in the event of a frontal impact and amending Directive 70/156/EEC(3),Whereas:(1) Directive 96/79/EC is one of the separate directives under the Community approval procedure introduced by Concil Directive 70/156/EEC. The provisions of Directive 70/156/EEC concerning vehicle systems, components and separate technical units thus apply to the present Directive.(2) In implementation of Article 4(b) of Directive 96/79/EC, the Commission was to re-examine and, if appropriate, amend Appendix 7 to Annex II to that same Directive in order to take account of the assessment tests on the heel of the Hybrid III dummy, including the tests on vehicles.(3) The measures provided for in this Directive are in accordance with the opinion of the Committee on Adaptation to Technical Progress set up by Directive 70/156/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Annex II to Directive 96/79/EC is amended in accordance with the Annex to this Directive.Article 21. From 1 October 2000, Member States may not, for reasons relating to the tests to assess the heel of the Hybrid III dummy:- either refuse EC approval for a new type of vehicle,- or prohibit the registration, sale or placing in service of a vehicle,if the tests to assess the heel of the Hybrid III dummy meet the requirements of Directive 96/79/EC, as amended by this Directive.2. From 1 April 2001, Member States may no longer grant EC approval for a type of vehicle in pursuance of Article 4 of Directive 70/156/EEC if the provisions of Directive 96/79/EC, as amended by this Directive, are not complied with.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary in order to comply with this Directive by 30 September 2000 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this DirectiveArticle 4This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 15 December 1999.For the CommissionErkki LIIKANENMember of the Commission(1) OJ L 42, 23.2.1970, p. 1.(2) OJ L 11, 16.1.1999, p. 25.(3) OJ L 18, 21.1.1997, p. 7.ANNEXAnnex II to Directive 96/79/EC is amended as follows:1. Item 2.9.2 of Appendix 3 shall be replaced by the following: "2.9.2. A size 11XW shoe, which meets the configuration size, sole and heel thickness specifications of the US military standard MIL-S 13192, change "P" and whose weight is 0,57 ± 0,1 kg, shall be placed and fastened on each foot of the test dummies."2. Appendix 7 shall be replaced by the following: "Appendix 7CERTIFICATION PROCEDURE FOR THE DUMMY LOWER LEG AND FOOT1. UPPER FOOT IMPACT TEST1.1. The objective of this test is to measure the response of the Hybrid III foot and ankle to well-defined, hard faced pendulum impacts.1.2. The complete Hybrid III lower leg assembly, left (86-5001-001 ) and right (86-5001-002), equipped with the foot and ankle assembly, left (78051-614) and right (78051-615), shall be used, including the knee assembly. The load cell simulator (78051-319 Rev A) shall be used to secure the knee assembly (78051-16 Rev B) to the test fixture.1.3. Test procedure1.3.1. Each leg assembly shall be maintained (soaked) for four hours prior to the test at a temperature of 22 °C ± 3 °C and a relative humidity of 40 (± 30 %). The soak period shall not include the time required to reach steady state conditions.1.3.2. Clean the impact surface of the skin and also the impactor face with isopropyl alcohol or equivalent prior to the test. Dust with talc.1.3.3. Align the impactor accelerometer with its sensitive axis parallel to the direction of impact at contact with the foot.1.3.4. Mount the leg assembly to the fixture shown in Figure 1. The test fixture shall be rigidly secured to prevent movement during impact. The centre line of the femur load cell simulator (78051-319) shall be vertical (± 0,5°). Adjust the mount such that the line joining the knee clevis joint and the ankle attachment bolt is horizontal (± 3°) with the heel resting on two sheets of a flat low friction (PTFE sheet) surface. Ensure that the tibia flesh is located fully towards the knee end of the tibia. Adjust the ankle such that the plane of the underside of the foot is vertical and perpendicular to the direction of impact (± 3°) and such that the mid sagittal plane of the foot is aligned with the pendulum arm. Adjust the knee joint to 1,5 (± 0,5) g range before each test. Adjust the ankle joint so that it is free and then tighten just sufficiently to keep the foot stable on the PTFE sheet.1.3.5. The rigid impactor comprises a horizontal cylinder diameter 50 (± 2) mm and a pendulum support arm diameter 19 ± 1 mm (Figure 4). The cylinder has a mass of 1,25 (± 0,02) kg including instrumentation and any part of the support arm within the cylinder. The pendulum arm has a mass of 285 (± 5) g. The mass of any rotating part of the axle to which the support arm is attached should not be greater than 100 g. The length between the central horizontal axis of the impactor cylinder and the axis of rotation of the whole pendulum shall be 125 (± 1) mm. The impact cylinder is mounted with its longitudinal axis horizontal and perpendicular to the direction of impact. The pendulum shall impact the underside of the foot, at a distance of 185 (± 2) mm from the base of the heel resting on the rigid horizontal platform, so that the longitudinal centre line of the pendulum arm falls within 1° of a vertical line at impact. The impactor shall be guided to exclude significant lateral, vertical or rotational movement.1.3.6. Allow a period of at least 30 minutes between successive tests on the same leg.1.3.7. The data acquisition system, including transducers, shall conform to the specifications for CFC 600, as described in Appendix 5 of this Annex.1.4. Performance specification1.4.1. When each ball of the foot is impacted at 6,7 (± 0,1) m/s in accordance with paragraph 1.3, the maximum lower tibia bending momentum about the y-axis (My) shall be 120 ± 25 Nm.2. LOWER FOOT IMPACT TEST WITHOUT SHOE2.1. The objective of this test is to measure the response of the Hybrid III foot skin and insert to well-defined, hard faced pendulum impacts.2.2. The complete Hybrid III lower leg assembly, left (86-5001-001 ) and right (86-5001-002), equipped with the foot and ankle assembly, left (78051-614) and right (78051-615), shall be used, including the knee assembly. The load cell simulator (78051-319 Rev A) shall be used to secure the knee assembly (78051-16 Rev B) to the test fixture.2.3. Test procedure2.3.1. Each leg assembly shall be maintained (soaked) for four hours prior to the test at a temperature of 22 (± 3 °C) and a relative humidity of 40 (± 30 %). The soak period shall not include the time required to reach steady state conditions.2.3.2. Clean the impact surface of the skin and also the impactor face with isopropyl alcohol or equivalent prior to the test. Dust with talc. Check that there is no visible damage to the energy absorbing insert to the heel.2.3.3. Align the impactor accelerometer with its sensitive axis parallel to the impactor longitudinal centre line.2.3.4. Mount the leg assembly to the fixture shown in Figure 2. The test fixture shall be rigidly secured to prevent movement during impact. The centre line of the femur load cell simulator (78051-319) shall be vertical (±0,5°). Adjust the mount such that the line joining the knee clevis joint and the ankle attachment bolt is horizontal (± 3°) with the heel resting on two sheets of a flat low friction (PTFE sheet) surface. Ensure that the tibia flesh is located fully towards the knee end of the tibia. Adjust the ankle such that the plane of the underside of the foot is vertical and perpendicular to the direction of impact and such that the mid sagittal plane of the foot is aligned with the pendulum arm. Adjust the knee joint to 1,5 (± 0,5) g range before each test. Adjust the ankle joint so that it is free and then tighten just sufficiently to keep the foot stable on the PTFE sheet.2.3.5. The rigid impactor comprises a horizontal cylinder diameter 50 (± 2) mm and a pendulum support arm diameter 19 (± 1) mm (Figure 4). The cylinder has a mass of 1,25 (±0,02) kg including instrumentation and any part of the support arm within the cylinder. The pendulum arm has a mass of 285 (± 5) g. The mass of any rotating part of the axle to which the support arm is attached should not be greater than 100 g. The length between the central horizontal axis of the impactor cylinder and the axis of rotation of the whole pendulum shall be 1250 (± 1) mm. The impact cylinder is mounted with its longitudinal axis horizontal and perpendicular to the direction of impact. The pendulum shall impact the underside of the foot, at a distance of 62 (± 2) mm from the base of the heel resting on the rigid horizontal platform, so that the longitudinal centre line of the pendulum arm falls within 1° of a vertical line at impact. The impactor shall be guided to exclude significant lateral, vertical or rotational movement.2.3.6. Allow a period of at least 30 minutes between successive tests on the same leg.2.3.7. The data acquisition system, including transducers, shall conform to the specifications for CFC 600, as described in Appendix 5 of this Annex.2.4. Performance specification2.4.1. When each heel of the foot is impacted at 4,4 ± 0,1 m/s in accordance with paragraph 2.3, the maximum impactor acceleration shall be 295 ± 50 g.3. LOWER FOOT IMPACT TEST (WITH SHOE)3.1. The objective of this test is to control the response of the Shoe and Hybrid III heel flesh and ankle joint to well-defined hard faced pendulum impacts.3.2. The complete Hybrid III lower leg assembly, left (86-5001-001 ) and right (86-5001-002), equipped with the foot and ankle assembly, left (78051-614) and right (78051-615), shall be used, including the knee assembly. The load cell simulator (78051-319 Rev A) shall be used to secure the knee assembly (78051-16 Rev B) to the test fixture. The foot shall be fitted with the shoe specified in Annex 2; Appendix 3, paragraph 2.9.2.3.3. Test procedure3.3.1. Each leg assembly shall be maintained (soaked) for four hours prior to the test at a temperature of 22 (± 3) °C and a relative humidity of 40 (± 30) %. The soak period shall not include the time required to reach steady state conditions.3.3.2. Clean the impact surface of the underside of the shoe with a clean cloth and the impactor face with isopropyl alcohol or equivalent prior to the test. Check that there is no visible damage to the energy absorbing insert to the heel.3.3.3. Align the impactor accelerometer with its sensitive axis parallel to the impactor longitudinal centre line.3.3.4. Mount the leg assembly to the fixture shown in Figure 3. The test fixture shall be rigidly secured to prevent movement during impact. The centre line of the femur load cell simulator (78051-319) shall be vertical (±0,5). Adjust the mount such that the line joining the knee clevis joint and the ankle attachment bolt is horizontal (± 3°) with the heel of the shoe resting on two sheets of a flat low friction (PTFE sheet) surface. Ensure that the tibia flesh is located fully towards the knee end of the tibia. Adjust the ankle such that a plane in contact with the heel and sole of the underside of the shoe is vertical and perpendicular to the direction of impact (± 3°) and such that the mid sagittal plane of the foot,and shoe is aligned with the pendulum arm. Adjust the knee joint to 1,5 (± 0,5) g range before each test. Adjust the ankle joint so that it is free and then tighten just sufficiently to keep the foot stable on the PTFE sheet.3.3.5. The rigid impactor comprises a horizontal cylinder diameter 50 (± 2) mm and a pendulum support arm diameter 19 (± 1) mm (Figure 4). The cylinder has a mass of 1,25 (± 0,02) kg including instrumentation and any part of the support arm within the cylinder. The pendulum arm has a mass of 285 (± 5) g. The mass of any rotating part of the axle to which the support arm is attached should not be greater than 100 g. The length between the central horizontal axis of the impactor cylinder and the axis of rotation of the whole pendulum shall be 1250 ± 1 mm. The impact cylinder is mounted with its longitudinal axis horizontal and perpendicular to the direction of impact. The pendulum shall impact the heel of the shoe in a horizontal plane which is a distance of 62 ± 2 mm above the base of the dummy heel when the shoe is resting on the rigid horizontal platform, so that the longitudinal centre line of the pendulum arm falls within one degree of a vertical line at impact. The impactor shall be guided to exclude.3.3.6. Allow a period of at least 30 minutes between successive tests on the same leg.3.3.7. The data acquisition system, including transducers, shall conform to the specifications for CFC 600, as described in Appendix 5 of this Annex.3.4. Performance specification3.4.1. When the heel of the shoe is impacted at 6,7 (± 0,1) m/s in accordance with paragraph 3.3, the maximum Tibia compressive force (Fz) shall be 3,3 (± 0,5) kN.Figure 1Upper foot impact testTest set-up specifications>PIC FILE= "L_2000009EN.001801.EPS">Figure 2Lower foot impact test (without shoe)Test set-up specifications>PIC FILE= "L_2000009EN.001901.EPS">Figure 3Lower foot impact test (with shoe)Test set-up specifications>PIC FILE= "L_2000009EN.002001.EPS">Figure 4Pendulum impactor>PIC FILE= "L_2000009EN.002101.EPS">"