title: Commission Directive 2008/124/EC of 18 December 2008 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as basic seed or certified seed (Codified version) (Text with EEA relevance)

text:
               19.12.2008

               EN

               Official Journal of the European Union

               L 340/73

      COMMISSION DIRECTIVE 2008/124/EC
   of 18 December 2008
   limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’
   (Codified version)
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), and in particular Article 3(3) thereof,
   Having regard to Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (2), and in particular Article 3(3) thereof,
   Whereas:

               (1)

               Commission Directive 86/109/EEC of 27 February 1986 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified, together with Commission Directive 75/502/EEC of 25 July 1975 limiting the marketing of seed of smooth-stalk meadow grass (Poa pratensis L.) to seed which has been officially certified as ‘basic seed’ or ‘certified seed’ (5), by assembling them in a single text.

               (2)

               Directive 66/401/EEC allows the marketing of basic seed, certified seed and commercial seed of certain species of fodder plants.

               (3)

               Directive 2002/57/EC allows the marketing of basic seed, certified seed of all kinds and commercial seed of certain species of oil and fibre plants.

               (4)

               Both Directives authorise the Commission to prohibit the marketing of seed unless it has been officially certified as ‘basic seed’ or ‘certified seed’.

               (5)

               Member States are in a position to produce sufficient basic seed and certified seed to satisfy within the Community the demand for seed of some of the species referred to above with seed of those categories.

               (6)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry.

               (7)

               This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   1.   Member States shall provide that it shall not be permitted to place on the market seed of:

                           —

                              Poa pratensis L.

               smooth-stalk meadowgrass

                           —

                              Vicia faba L. (partim)

               field bean

                           —

                              Papaver somniferum L.

               opium poppy

                           —

                              Agrostis gigantea Roth

               redtop

                           —

                              Agrostis stolonifera L.

               creeping bent grass

                           —

                              Phleum bertolonii DC

               timothy

                           —

                              Poa palustris L.

               swamp meadowgrass

                           —

                              Poa trivialis L.

               rough-stalked meadowgrass

                           —

                              Lupinus albus L.

               white lupin

                           —

                              Brassica juncea (L.) Czernj. et Cosson

               brown mustard

                           —

                              Agrostis capillaris L.

               brown top

                           —

                              Lotus corniculatus L.

               birdsfoot trefoil

                           —

                              Medicago lupulina L.

               black medick

                           —

                              Trifolium hybridum L.

               alsike clover

                           —

                              Alopecurus pratensis L.

               meadow foxtail

                           —

                              Arrhenatherum elatius (L.) Beauv. ex J. S. et K. B. Presl

               tall oatgrass

                           —

                              Bromus catharticus Vahl

               rescu grass

                           —

                              Bromus sitchensis Trin.

               Alaska brome-grass

                           —

                              Lupinus luteus L.

               yellow lupin

                           —

                              Lupinus angustifolius L.

               blue lupin

                           —

                              Poa nemoralis L.

               wood meadowgrass

                           —

                              Trisetum flavescens (L.) Beauv.

               golden oatgrass

                           —

                              Phacelia tanacetifolia Benth.

               California bluebell

                           —

                              Sinapis alba L.

               white mustard

                           —

                              Agrostis canina L.

               velvet bent

                           —

                              Festuca ovina L.

               sheep’s fescue

                           —

                              Trifolium alexandrinum L.

               Egyptian clover

                           —

                              Trifolium incarnatum L.

               crimson clover

                           —

                              Trifolium resupinatum L.

               Persian clover

                           —

                              Vicia sativa L.

               common vetch

                           —

                              Vicia villosa Roth

               hairy vetch

         unless it has been officially certified as ‘basic seed’ or ‘certified seed’.
   2.   Member States shall provide that it shall not be permitted to place on the market seed of:

                           —

                              Glycine max (L.) Merr.

               soya bean

                           —

                              Linum usitatissimum L.

               linseed

         unless it has been officially certified as ‘basic seed’, ‘certified seed, first generation’ or ‘certified seed, second generation’.
   Article 2
   Directive 75/502/EEC and Directive 86/109/EEC, as amended by the Directives listed in Annex I, Part A, are repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex I, Part B.
   References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
   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, 18 December 2008.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ 125, 11.7.1966, p. 2298/66.

      (2)  OJ L 193, 20.7.2002, p. 74.

      (3)  OJ L 93, 8.4.1986, p. 21.

      (4)  See Annex I, Part A.

      (5)  OJ L 228, 29.8.1975, p. 26.

      ANNEX I
      PART A
      Repealed Directives with list of the successive amendments
      (referred to in Article 2)

                  Commission Directive 75/502/EEC

                  (OJ L 228, 29.8.1975, p. 26)

                  Commission Directive 86/109/EEC

                  (OJ L 93, 8.4.1986, p. 21)

                  Commission Directive 89/424/EEC

                  (OJ L 196, 12.7.1989, p. 50)

                  Commission Directive 91/376/EEC

                  (OJ L 203, 26.7.1991, p. 108)

            PART B
      List of time limits for transposition into national law
      (referred to in Article 2)

                  Directive

                  Time limit for transposition

                  75/502/EEC

                  1 July 1976

                  86/109/EEC

                  1 July 1987 (Article 1)
                  1 July 1989 (Article 2)
                  1 July 1990 (Article 2a)
                  1 July 1991 (Articles 3 and 3a)

                  89/424/EEC

                  1 July 1990

                  91/376/EEC

                  1 July 1991

      ANNEX II
      Correlation table

                  Directive 75/502/EEC

                  Directive 86/109/EEC

                  This Directive

                  Article 1

                  Article 1(1)

                  Article 1(1)

                  Article 1(2)

                  Article 1(2)

                  Article 2

                  Article 1(1)

                  Article 2a

                  Article 1(1)

                  Article 3

                  Article 1(1)

                  Article 3a(1)

                  Article 1(1)

                  Article 3a(2) to (6)

                  —

                  Article 2

                  Article 4

                  —

                  —

                  —

                  Article 2

                  —

                  —

                  Article 3

                  Article 3

                  Article 5

                  Article 4

                  —

                  —

                  Annex I

                  —

                  —

                  Annex II


Avis juridique important

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31990L0377

Council Directive 90/377/EEC of 29 June 1990 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users

Official Journal L 185 , 17/07/1990 P. 0016 - 0024 Finnish special edition: Chapter 15 Volume 9 P. 0236  Swedish special edition: Chapter 15 Volume 9 P. 0236

COUNCIL DIRECTIVE of 29 June 1990 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (90/377/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 213 thereof,  Having regard to the Commission's proposal (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas energy price transparency, to the extent that it reinforces the conditions ensuring that competition is not distorted in the common market, is essential to the achievement and smooth functioning of the internal energy market;  Whereas transparency can help to obviate discrimination against users by increasing their freedom to choose between different energy sources and different suppliers;  Whereas, at present, the degree of transparency varies from one energy source and one Community country or region to another, thus calling into question the achievement of an internal energy market;  Whereas, however, the price paid by industry in the Community for the energy which it uses is one of the factors which influence its competitiveness and should therefore remain confidential;   Whereas the system of standard consumers used by the Statistical Office of the European Communities (SOEC) in its price publications and the system of market prices due to be introduced for major industrial electricity users will ensure that  transparency is not an obstacle to confidentiality;  Whereas it is necessary to extend the consumer categories used by the SOEC up to the limits at which the consumers remain representative;  Whereas in this way end-users price transparency would be achieved without endangering the necessary confidentiality of contracts; whereas in order to respect confidentiality there must be at least three consumers in a given consumption category for a  price to be published;  Whereas this information which concerns gas and electricity consumed by industry for energy end-users, will also enable comparisons to be drawn with other energy sources (oil, coal, fossil and renewable energy sources) and other consumers;  Whereas undertakings which supply gas and electricity as well as industrial gas and electricity consumers remain, independently of the application of this Directive, subject to the Treaty's competition rules and whereas consequently the Commission can  require communication of prices and conditions of sale;  Whereas knowledge of the price systems in force forms part of price transparency;  Whereas knowledge of the breakdown of consumers by category and their respective market shares also forms part of price transparency;  Whereas the communication to the SOEC of prices and conditions of sale to consumers and price systems in operation as well as the breakdown of consumers by consumption category should inform the Commission sufficiently for it to decide, as necessary, on  apropriate action or proposals in the light of the situation of the internal energy market;  Whereas the data supplied to the SOEC will be more reliable if the undertakings themselves compile these data;  Whereas familiarity with the taxation and parafiscal charges existing in each Member State is important to ensure price transparency;  Whereas it must be possible to check the reliability of the data supplied to the SOEC;  Whereas the achievement of transparency presupposes the publication and circulation of prices and price systems as widely as possible among consumers;  Whereas to implement energy price transparency the system should be based on the proven expertise and methods developed and applied by the SOEC regarding the processing, checking and publication of data;  Whereas, with the prospect of the achievement of the internal market in energy, the system of price transparency should be rendered operational as soon as possible;  Whereas the uniform implementation of this Directive can only take place in all the Member States when the natural gas market, in particular with regard to infrastructure, has reached a sufficient level of development,  HAS ADOPTED THIS DIRECTIVE:   Article 1 Member States shall take the steps necessary to ensure that undertakings which supply gas or electricity to industrial end-users, as defined in Annexes I and II, communicate to the SOEC in the form provided for in Article 3:  1.  the prices and terms of sale of gas and electricity to industrial end-users;  2.  the price systems in use;  3.  the breakdown of consumers and the corresponding volumes by category of consumption to ensure the representativeness of these categories at national level.  Article 2 1.  The undertakings referred to in Article 1 shall assemble the data provided for in Article 1 (1) and (2), on 1 January and 1 July of each year. These data, drawn up in conformity with the provisions referred to in Article 3, shall be sent  to the SOEC and the competent authorities of the Member States within two months.  2.  On the basis of the data referred to in paragraph 1, the SOEC shall publish each May and each November, in an appropriate form, the prices of gas and electricity for industrial users in the Member States and the pricing systems used to that end.  3.  The information provided for in Article 1 (3) shall be sent every two years to the SOEC and to the Member States' competent authorities. The first communication shall concern the situation as at 1 January 1991. This information shall not be  published. Article 3 The implementing provisions concerning the form, content and all other features of the information provided for in Article 1 are set out in Annexes I and II. Article 4 The SOEC shall not disclose data supplied to it pursuant to Article 1 which might, by their nature, be subject to commercial confidentiality. Such confidential statistical data transmitted to the SOEC shall be accessible only to officials of  the SOEC and may be used only for statistical purposes.  This provision shall not, however, prevent the publication of such data in an aggregated form which does not enable individual commercial transactions to be identified. Article 5 Where the SOEC notes statistically significant anomalies or inconsistencies in data transmitted under this Directive, it may ask the national bodies to allow it to inspect the appropriate disaggregated data as well as the methods of  calculation or evaluation upon which the aggregated data are based, in order to assess, or even amend, any information deemed irregular. Article 6 Where appropriate, the Commission shall make the necessary changes to the Annexes to this Directive in the light of specific problems identified. Such changes may, however, cover only the technical features of the Annexes and may not be of a  nature such as to alter the general structure of the system.  Article 7 In the case of any changes to the Annexes, as referred to in Article 6, the Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the  Commission.  The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter, if  necessary by taking a vote.  The opinion shall be recorded in the minutes; in addition each Member State shall have the right to ask to have its position recorded in the minutes.  The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account. Article 8 Once a year the Commission shall present a summary report on the operation of this Directive to the European Parliament, the Council and the Economic and Social Committee. Article 9 Member States shall adopt the laws, regulations and administrative provisions needed to comply with this Directive no later than 1 July 1991. They shall forthwith inform the Commission thereof.  In the case of natural gas, the Directive will not be implemented in a Member State until five years after the introduction of that form of energy on the market in question. The date of introduction of that energy source on a national market is to be  explicitly reported to the Commission by the Member State concerned without delay. Article 10 This Directive is addressed to the Member States.   Done at Luxembourg, 29 June 1990. For the Council The President M. SMITH  (1) OJ No C 257, 10. 10. 1989, p. 7.(2)  OJ No C 149, 18. 6. 1990.(3)  OJ No C 75, 26. 3. 1990, p. 18.   ANNEX I   SPECIFIC PROVISIONS ON GAS   1.  Two types of gas are concerned:  (a)  natural gas;  (b)  manufactured gas (¹).   2.  Where both types of gas are distributed in the same urban area or region, data on both must be reported except where consumption is less than 10 % of the total consumption of natural gas and manufactured gas in the places or regions referred to in  point 11 below.   3.  Only piped distribution is considered.   4.  Prices to be reported are prices paid by the end-consumer.   5.  Uses considered are all industrial uses.   6.  Excluded from the system are consumers who use gas:  (a)  for electricity generation in public power plants;  (b) in non-energy uses (e. g. in the chemical industry);  (c) above 4 186 000 GJ/year (= 1 163 GWh/year).   7.  Prices recorded are to be based on a system of standard consumers defined basically by the level and modulation (or load factor) (²) of gas consumption.   8.  Other characteristics which could play a part in price setting (e. g. interruptibility) will be determined in each case, always adopting the solution which is most frequent in practice.   9.  Prices must include meter rental, the standing charge and the commodity rate. They should not include the initial installation charge to the consumer.  10.  The following industrial standard consumers, coded I1 to I5, have been chosen:     .  Annual consumption Modulation I1-1       418,60 GJ  or    116 300,   KWh No load factor laid down (*) I2-1     4 186,   GJ or 1 163 000,  KWh 200 days       hours I3-1    41 860,   GJ or        11,63 GWh) 200 days 1 600 hours I3-2    41 860,   GJ or        11,63 GWh 250 days 4 000 hours I4-1   418 600,   GJ or       116,3  GWh 250 days 4 000 hours I4-2   418 600,   GJ or       116,3  GWh 330 days 8 000 hours I5-4 4 186 000,   GJ or     1 163,  GWh 330 days 8 000 hours (*) If necessary 115-200 days.   Qa = annual volume consumed.  Qdmax = maximum daily offtake.  Qhmax = maximum hourly offtake.  11.  Prices are to be recorded in the following places or regions:  - Belgium:  Brussels,  - Denmark:  Copenhagen,  - Federal Republic Hamburg, Hanover, Weser-Ems, Dortmund, Duesseldorf, Frankfurt of Germany:  am Main, Stuttgart, Munich,  - Spain:  Madrid, Barcelona, Valencia, the Nord and East,  - France:  Lille, Paris, Strasbourg, Marseilles, Lyons, Toulouse,  - Ireland:  Dublin,  - Italy:  Milan, Turin, Genoa, Rome, Naples,  - Luxembourg:  City of Luxembourg,  - Netherlands:  Rotterdam,  - Portugal:  Lisbon,  - United Kingdom:  London, Leeds, Birmingham.  12.  Prices recorded are to be based on the tariffs, contracts, conditions and rules in force at the beginning of each six-month period (January and July), including any rebates.  13.  If there are several possible tariffs, it is the tariff which is most advantageous to the consumer that is taken into account, after eliminating tariffs which are not used in practice or which apply only to a negligible number of users.  14.  When there are only quasi-tariffs, special contracts or freely negotiated prices, the most commonly found price (most representative of the given supply conditions) must be recorded.  15.  Prices must be expressed in national currency by physical unit of gas (1). The unit of energy used is measured on the basis of the gross calorific value (GCV), as is the practice in the gas industry.  16.  Two price levels are to be shown (2):  - with all taxes excluded,  - with all taxes included (except recoverable VAT).  17.  The rates and method of calculating taxes, which should include any tax whether national, regional or local, levied on gas sales to the consumer, should also be reported.  18.  An explanation as detailed as is necessary to reflect the price system accurately must be annexed. Special heed must be given to any changes introduced since the previous survey.  19.  In Member States where one gas company covers all the industrial sales for that country, the information should be communicated by that company. In other Member States where one or more regions are served by more than one gas company, the  information should be communicated by an independent statistical body.  20.  In the interests of confidentiality, data relating to prices will be communicated only where there are,  in the Member State of region concerned, at least three consumers in each of the categories referred to in paragraph 10.   (1) 'Manufactured gas' means a derived energy, manufactured from coal, petroleum products or cracked, reformed or blended natural gas. The scope of this Directive does not extend to liquefied petroleum gas (butane, propane), coke-oven gas or  blast-furnace gas.(2)  The daily load factor is the number of days which would be required to take the entire annual consumption at the maximum daily offtake rate:(3)   nd =  Qdmax   nd = Qa Qdmax The hourly load factor is the number of hours which would be required to take the entire annual consumption at the maximum hourly offtake rate:(4)   nh =  Qhmax   nh = Qa Qhmax In the above formulae:(5) Where the cubic metre is used, its energy content should be defined in GJ, kWh or, up to 1999, in therms.(6)  The price excluding tax is obtained directly from tariffs or contracts. The price excluding recoverable VAT includes, where payable, other specific taxes.   ANNEX II   SPECIFC PROVISIONS ON ELECTRICITY  Data on electricity communicated pursuant to this Directive must contain the following information:  II.  The 'typical reference consumer' survey (for consumers with up to 10 MW maximum demand (net)).   1.  The existing survey of electricity prices for typical reference consumers in the Community carried out by the Commission will be extended to include two categories of reference industrial consumer with a maximum demand (net) of 10 MW, and will be  incorporated in this Directive.   2.  Electricity prices in Member States with a single national tariff will be surveyed in one location only; for Member States with tariffs which vary across the country, prices will be surveyed in a representative sample of locations, as follows:  - Belgium the country as a whole,  - Federal Republic Hamburg, Hanover, Duesseldorf, Frankfurt am Main, Stuttgart,  of Germany Munich, Western Zone, Southern Zone,  - Denmark the country as a whole,  - Spain Madrid,  - France Lille, Paris, Marseilles, Lyons, Toulouse, Strasbourg,  - Greece Athens,  - Ireland Dublin,  - Italy Northern and Central Italy, Southern Italy and the islands,  - Luxembourg the country as a whole,  - Netherlands Rotterdam (GEB), North Holland (PEN), North Brabant (PNEM),  - Portugal Lisbon, Ponta Delgada (autonomous region of the Azores),  - United Kingdom London, Glasgow, Leeds, Birmingham.   3.  Electricity prices will be surveyed for the following nine categories of typical reference industrial consumer:  II.   3.  Reference consumer Annual consumption kWh Maximum demand kW Annual utilization in hours Ia     30 000     30 1 000 Ib     50 000     50 1 000Ic    160 000    100 1 600 Id  1 250 000500 2 500 Ie  2 000 000    500 4 000 If 10 000 000  2 500 4 000 Ig 24 000 000  4 000 6 000 Ih 50 000 000 10 000 5 000 Ii 70 000 000 10 000 7 000 The maximum demand (net) is the maximum offtake in any quarter of an hour recorded in one year, expressed in kW. The price of supply is calculated for cos f = 0,90. In the case of tariffs based on half-hourly demand, the maximum demand of the  reference consumer is multiplied by a coefficient of 0,98. In the case of tariffs based on demand expressed in kVA an adjustment is made by dividing the reference consumer's maximum demand (net) in kW by the coefficient cos f = 0,90.   4.  In the case of tariffs based on maximum demand readings more frequent than once a year, the capacity charge is multiplied by the following coefficients:  TABLE OF POWER CORRECTION COEFFICIENTS II.   4.  Utilization (hours) Monthly maximum demand Two-monthly maximum demand Quarterly maximum demand Average of three highest monthly maximum demands Average of two highest monthly maximum demands Annual maximum demand 1 000 0,81 0,83 0,86 0,94 0,96  1,0 1 600 0,83 0,85 0,88 0,95 0,97  1,0 2 500 0,85 0,87 0,90 0,96 0,98  1,0 4 000 0,90 0,91 0,95 0,98 0,99  1,0 5 000 0,90 0,91 0,95 0,98 0,99  1,0 6 000 0,96 0,97 0,98 0,99 0,995 1,0 7 000 0,96 0,97 0,98 0,99 0,995 1,0  5.  For tariffs with reductions for 'off-peak' periods, the following 'off-peak' consumptions should be assumed in calculating the average price per kWh:  II.   5.  Standard consumer Annual utilization Annual consumption Annual consumption (in 1 000 kWh) charged at off-peak rates according to the average daily duration of off-peak periods in each 24 hours hours 1 000 kWh 7 h 8 h 9 h 10 h 11 h 12 h Ia 1 000     30      0      0      0      0      0      0 Ib 1 000     50      0      0      0      0      0      0 Ic 1 600    160     11     13     16     19     22     25 Id 2 500  1 250    197    225    262    300    338    375 Ie 4 000  2 000    438    500    580    660    740    820 If 4 000 10 000  2 190  2 500  2 900  3 300  3 700  4 100 Ig 6 000 24 000  7 140  8 160  9 120 10 080 11 040 12 000 Ih 5 000 50 000 13 100 15 000 17 000 19 000 21 000 23 000 Ii 7 000 70 000 23 300 26 600 29 400 32 200 35 000 37 800 For off-peak periods of durations between those shown above, the annual consumption of off-peak kWhs should be estimated by extrapolation.  For any further off-peak periods, for example all day Sunday, only half of the extra hours should be taken into account and these hours averaged across all days of the year, and the result added to the normal off-peak period, before using the table  above.   6.  Wherever possible, the price reported should be based on a publisher tariff applicable to the reference consumer category in question. If there are several possible tariffs, the tariff which is the most advantageous to the consumer, after the  elimination of any tariffs which are not used in practice or which apply only to a marginal of negligible number of users, should be applied. Where there are only quasi-tariffs, special contracts, or freely negotiated prices, the most commonly found  price (most respresentative) for the given supply conditions should be reported.   7.  Where electricity for a given reference consumer category may be supplied at a variety of voltages, that voltage should be assumed which is the most representative for the reference consumer category in question. This principle should be applied to  other parameters not specified in this Directive.   8.  The price per kWh should be calculated so as to include all fixed charges payable (e.g. meter rental, fixed charges or capacity charges, etc.), as well as the charges for the kWh consumed. It is therefore the total amount payable after any premiums or  rebates, for the consumption pattern in question, divided by the total consumption. Initial connection charges, however, should not be included. Although information is to be provided twice yearly, the calculation should be based on annual consumption  figures, to avoid seasonal variations.   9.  Prices should be given in national currency per kWh (1):  - with all taxes excluded,  - with all taxes included (except recoverable VAT).  The rates and method of calculating taxes, which should include any tax whether national, regional or local, levied on electricity sales to the consumer, should also be reported.  10.  An explanation, as detailed as is necessary to describe the price system accurately and how it is applied, should be given. Special emphasis must be given to any changes introduced since the previous survey.  11.  In Member States where one company covers all the industrial sales for that country, the information should be communicated by that company. In other Member States where one or more regions are served by more than one company, the information should be  communicated by an independent statistical body.   II.  The 'marker price' survey (for consumers above 10 MW maximum demand) 12.  To survey industrial consumers with maximum demands above 10 MW, a new system based on 'marker prices', as defined below shall be introduced.  13.  In all Member States except the Federal Republic of Germany and the United Kingdom, variations in the structure of charges and prices charged for large industrial consumers across the country are relatively small, and marker prices and associated  information should be collected and published for the Member State as a whole. However, in the Federal Republic of Germany and the United Kindgom there may be significant geographical variations and so information for these two Member States should be  communicated and published for three zones in each case, as follows:  Member State Zones Federal Republic of Germany (2):  - North/Central,  - West,  - South;  United Kingdom:  - England and Wales,  - Scotland,  - Northern Ireland.  14.  Marker prices and associated information must be reported for each Member State as described in paragraph 13 above for three categories of large industrial consumer, i.e. those industrial consumers with maximum demands in the region of:  - 25 MW, covering consumers with maximum demands (net) of between 17,5 and 37,5 MW,  - 50 MW, covering consumers with maximum demands (net) of between 37,5 and 62,5 MW, and - 75 MW, covering consumers with maximum demands (net) of between 62,5 and 75 MW.  These categories include any industrial consumers which also produce a part of their own electricity themselves, although only information relating to their electricity consumption from public utilities is required to be reported.  15.  The marker price for a given MW categoriy (e.g. 25 MW) is the average price payable per kWh for a notional or 'marker price' industrial consumer with a normal demand of about 25 MW, but before any reductions for 'special factors', which should be  reported separately (see paragraph 16 below). The demand characteristics of this 'marker price' industrial consumer should be as representative as possible (ignoring 'special factors') of all the industrial consumers in the category in question.  In order to achieve a measure of homogeneity, the Commission will define demand characteristics for 'marker price' consumers for each category, (i.e. 25 MW, 50 MW and 75 MW), which should be used by utilities where appropriate. If such demand  characteristics are not appropriate, a utility may  - North/Central: Schleswig-Holstein, Hamburg, Bremen, Berlin, Lower Saxony, North Hessen,  - West: North-Rhine-Westphalia, Rhineland-Palatinate, South Hessen, Saarland,  - South: Baden-Wuerttemberg, Bavaria. define its own 'marker price' consumer demand characteristics, subject to the approval of the Commission. These demand characteristics concern, for example, the load factor, (e.g. '7 000 hours', where 7 000 is the number of hours for which demand would  have to remain at maximum to obtain the annual consumption), and the distribution of consumption by the different time-of-day charge bands (e.g. peak, off-peak, etc.).  16.  The marker prices given should be calculated so as to include all fixed charges payable (e.g. meter, rental, fixed charges or capacity charges etc.), as well as the charges for the kWh consumed. Initial connection charges, however, should not be  included. Although information is to be provided twice yearly, annual consumption figures should be used in order to avoid seasonal variations. The way in which the marker price is calculated, including the inclusion of any fixed charges, should be  explained.  17.  For each marker price a range of 'special factors' which may be applied to reduce the price of electricity (e.g. interruptibility clauses), should be described and the amount of reduction (e.g. 6, 8, 10 %) indicated. These special factors should be  representative of factors which are applicable to the consumers supplied by the reporting utility in the MW category being surveyed.  18.  In Member States where there is more than one electricity utility, these utilities shall each provide marker prices and related information (on the demand characteristics of the notional consumer (paragraph 15), and on special factors and price  reductions (paragraph 17)), to an independent statistical body. These bodies shall then pass on the highest and the lowest marker price for the Member State (or for each region if applicable) for each MW category, together with the related information  on those marker prices, to the national administration and to the SOEC. For the other Member States, where one national utility covers the whole country, the information must be reported directly and simultaneously to the national administration and to  the SOEC.  19.  In the interests of confidentiality, marker prices and related information will be reported by the national utility or the independent statistical body as appropriate (see paragraph 18 above) only where there are at least three consumers in the  appropriate MW category in the Member State or region concerned.  20.  Marker prices should be expressed as indicated in paragraph 9.  21.  Supply utilities should also provide data, once every two years, on the number of its consumers in each MW range (i.e. 17,5 to 37,5 MW, 37,5 to 62,5 MW and 62,5 to 75,0 MW), and the total annual consumption of these consumers for each range (in GWh).  The information required under paragraph 18 should be communicated either via the independent statistical body, which shall collate information for the Member State as a whole, or directly and simultaneously to the national administration and to the  SOEC. The information required under this paragraph will be provided on a confidential basis and will not be published.   (1) The price excluding all taxes is the direct result of the application of tariffs or contracts. The price excluding recoverable VAT includes any other specific taxes.(2)  The Laender will be divided into three zones, namely:


Avis juridique important

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31997L0069

Commission Directive 97/69/EC of 5 December 1997 adapting to technical progress for the 23rd time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (Text with EEA relevance)

Official Journal L 343 , 13/12/1997 P. 0019 - 0024

COMMISSION DIRECTIVE 97/69/EC of 5 December 1997 adapting to technical progress for the 23rd time Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1), as last amended by Directive 95/56/EC of the European Parliament and the Council (2), and in particular Article 28 thereof,Whereas Annex I to Directive 67/548/EEC contains a list of dangerous substances, together with particulars of the classification and labelling in respect of each substance or group of substances;Whereas laboratory studies have shown that certain man-made vitreous (silicate) fibres have carcinogenic effects; whereas epidemiological surveys have raised concern over the health effects of man-made vitreous (silicate) fibres;Whereas the list of dangerous substances contained in Annex I to that Directive should therefore be adapted and enlarged, particularly to include certain man-made vitreous (silicate) fibres; whereas in consequence it is necessary to amend the Foreword to Annex I so as to include notes and particulars relating to the identification, classification and labelling of man-made vitreous (silicate) fibres;Whereas in the current state of knowledge, it seems justified under certain circumstances to exclude some man-made vitreous (silicate) fibres from classification as a carcinogen; whereas this possibility should be reviewed in the light of scientific and technical developments, in particular in the area of carcinogenicity testing;Whereas the abbreviation 'EEC` appears in certain provisions of Annexes I and VI to Directive 67/548/EEC;Whereas Article G of the Treaty on European Union has replaced the term 'European Economic Community` with the term 'European Community`; whereas the abbreviation 'EEC` should therefore be replaced by the abbreviation 'EC` in the abovementioned provisions;Whereas Directive 96/56/EC has amended Articles 21 and 23 of Directive 67/548/EEC accordingly and allows the placing on the market of dangerous substances whose labels bear an 'EEC number` and the words 'EEC label` until 31 December 2000;Whereas the measures provided for in 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 Directive 67/548/EEC is hereby amended as follows:1. Annex I is amended as follows:(a) The fifth paragraph of the chapter entitled 'Nomenclature` of the Foreword is replaced by the following text:'Article 23 (2) (a) requires that for substances appearing in Annex I, the name of the substance to be used on the label should be one of the designations given in the Annex. For certain substances, additional information has been added in square brackets in order to help identify the substance. This additional information need not be included on the label.`;(b) Note A in the Foreword is replaced by the following text:'Note A:The name of the substance must appear on the label in the form of one of the designations given in Annex I (see Article 23 (2) (a)).In Annex I, use is sometimes made of a general description such as ". . . compounds" or ". . . salts". In this case, the manufacturer or any other person who markets such a substance is required to state on the label the correct name, due account being taken of the chapter "Nomenclature" of the Foreword:Example: for BeCl2: beryllium chloride.`;(c) The following Notes Q and R are added to the Foreword:'Note Q:The classification as a carcinogen need not apply if it can be shown that the substance fulfils one of the following conditions:- a short-term biopersistence test by inhalation has shown that the fibres longer than 20 ìm have a weighted half life less than 10 days, or- a short-term biopersistence test by intratracheal instillation has shown that the fibres longer than 20 ìm have a weighted half life less than 40 days, or- an appropriate intra-peritoneal test has shown no evidence of excess carcinogenicity, or- absence of relevant pathogenicity or neoplastic changes in a suitable long term inhalation test.Note R:The classification as a carcinogen need not apply to fibres with a length weighted geometric mean diameter less two standard errors greater than 6 ìm.`;(d) The entries in the Annex to this Directive are added;(e) All references to 'EEC number` are replaced by 'EC number`.2. Annex VI is amended as follows:(a) All reference to 'EEC number` are replaced by 'EC number`;(b) All references to 'EEC label` are replaced by 'EC label`.Article 2 During the period of five years after entry into force of this Directive, the Commission shall evaluate scientific developments and adopt measures to delete or amend Note Q.Article 3 1. Not later than 16 December 1998, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. Member States shall immediately inform the Commission thereof.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.2. Notwithstanding Article 1, Member States shall permit the placing on the market of substances whose labels bear the words 'EEC number` or the words 'EEC label` until 31 December 2000.Article 4 This Directive shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 5 December 1997.For the CommissionRitt BJERREGAARDMember of the Commission(1) OJ L 196, 16. 8. 1967, p. 1.(2) OJ L 236, 18. 9. 1996, p. 35.ANNEX CAS No -EC No -No 650-016-00-2Nota ANota QNota RES: Lanas minerales, excepto aquellas indicadas específicamente en este anexo;[Fibra vítreas artificiales (silicatos) con una orientación aleatoria y cuyo contenido en óxidos alcalinos y óxidos alcalino-térreos (Na2O+K2O+CaO+MgO+BaO) sea superior al 18 % en peso]DA: Mineraluld, undtagen sådanne nævnt andetsteds i dette bilag;[Syntetiske glasagtige (silikat) fibre uden bestemt orientering og med et indhold af alkaliske oxider og alkaliske jordarters oxider (Na2O+K2O+CaO+MgO+BaO) på over 18 vægtprocent]DE: Mineralwolle, soweit in diesem Anhang nicht gesondert aufgeführt;[Künstlich hergestellte ungerichtete glasige (Silikat-) Fasern mit einem Anteil an Alkali- und Erdalkalimetalloxiden (Na2O+ K2O+CaO+MgO+BaO) von über 18 Gewichtsprozent]EL: ÏñõêôÝò ßíåò, åîáéñïõìÝíùí áõôþí ðïõ êáôïíïìÜæïíôáé óå Üëëï óçìåßï áõôïý ôïõ ÐáñáñôÞìáôïò.[Ôå÷íçôÝò õáëþäåéò (ðõñéôéêÝò) ßíåò Üôáêôïõ ðñïóáíáôïëéóìïý ìå ðåñéåêôéêüôçôá óå ïîåßäéá áëêáëßùí êáé áëêáëéêþí ãáéþí (Na2O+K2O+CaO+MgO+BaO) áíþôåñç ôïõ 18 % êáôÜ âÜñïò].EN: Mineral wool, with the exception of those specified elsewhere in this Annex;[Man-made vitreous (silicate) fibres with random orientation with alkaline oxide and alkali earth oxide (Na2O+K2O+CaO+ MgO+BaO) content greater than 18 % by weight]FR: Laines minérales, à l'exception de celles nommément désignées dans cette annexe;[Fibres (de silicates) vitreuses artificielles à orientation aléatoire, dont le pourcentage pondéral d'oxydes alcalins et d'oxydes alcalino-terreux (Na2O+K2O+CaO+MgO+BaO) est supérieur à 18 %]IT: Lane minerali, escluse quelle espressamente indicate in questo allegato;[Fibre artificiali vetrose (silicati), che presentano un'orientazione casuale e un tenore di ossidi alcalini e ossidi alcalino-terrosi (Na2O+K2O+CaO+MgO+BaO) superiore al 18 % in peso]NL: Minerale vezels, met uitzondering van in deze bijlage met name genoemde;[Kunstmatige (silicaat)glasvezels met een willekeurige oriëntatie en een gehalte aan alkali- en aardalkali-oxiden (Na2O+ K2O+CaO+MgO+BaO) van meer dan 18 gewichtspercenten]PT: Lã mineral, com excepção das expressamente referidas no presente anexo;[Fibras de vidro (silicatos) sintéticas com orientação aleatória e um teor ponderal de óxidos de elementos alcalinos e alcalino-terrosos (Na2O+K2O+CaO+MgO+BaO) superior a 18 %]FI: Mineraalikuidut, paitsi muualla tässä liitteessä mainitut;[Keinotekoiset säännöttömästi suuntautuneet lasimaiset (silikaatti) kuidut, joiden alkalioksidija maa-alkaalioksidipitoisuus (Na2O+K2O+CaO+MgO+BaO) on yli 18 painoprosenttia]SV: Mineralull, förutom det på andra ställen i bilagan nämnda;[Syntetiska glasaktiga (silikat) fibrer slumpvis ordnade vars totala innehåll av oxider av alkalimetaller och alkaliska jordartsmetaller (Na2O+K2O+CaO+MgO+BaO), överstiger 18 viktprocent]Clasificación, Klassificering, Einstufung, Ôáîéíüìçóç, Classification, Classification, Classificazione, Indeling, Classificação, Luokitus, KlassificeringCarc. Cat. 3; R40 Xi; R38Etiquetado, Etikettering, Kennzeichnung, ÅðéóÞìáíóç, Labelling, Étiquetage, Etichettatura, Kenmerken, Rotulagem, Merkinnät, MärkningXn>REFERENCE TO A GRAPHIC>R: 38-40S: (2-)36/37Límites de concentración, Koncentrationsgrænser, Konzentrationsgrenzwerte, ¼ñéá óõãêÝíôñùóçò, Concentration Limits, Limites de concentration, Limiti di concentrazione, Concentratiegrenzen, Limites de concentração, Pitoisuusrajat, KoncentrationsgränserCAS No -EC No -No 650-017-00-8Nota ANota RES: Fibras cerámicas refractarias; fibras para usos especiales, excepto aquellas expresamente citadas en este anexo;[Fibras vítreas artificiales (silicatos) con una orientación aleatoria y cuyo contenido en óxidos alcalinos y óxidos alcalino-térreos (Na2O+K2O+CaO+MgO+BaO) sea inferior o igual al 18 % en peso]DA: Keramiske fibre; special fibre, undtagen sådanne nævnt andetsteds i dette bilag;[Syntetiske glasagtige (silikat) fibre uden bestemt orientering og med et indhold af alkaliske oxider og alkaliske jordarters oxider (Na2O+K2O+CaO+MgO+BaO) på 18 vægtprocent og derunder]DE: Keramische Mineralfasern; Fasern für spezielle Anwendungen, soweit in diesem Anhang nicht gesondert aufgeführt;[Künstlich hergestellte ungerichtete glasige (Silikat-) Fasern mit einem Anteil an Alkali- und Erdalkalimetalloxiden (Na2O+ K2O+CaO+MgO+BaO) von weniger oder gleich 18 Gewichtsprozent]EL: ÄéáèëáóôéêÝò êåñáìéêÝò ßíåò 7 ßíåò ãéá åéäéêïýò óêïðïýò åîáéñïõìÝíùí áõôþí ðïõ êáôïíïìÜæïíôáé óå Üëëï óçìåßï áõôïý ôïõ ÐáñáñôÞìáôïò 7[Ôå÷íçôÝò õáëþäåéò (ðõñéôéêÝò) ßíåò Üôáêôïõ ðñïóáíáôïëéóìïý ìå ðåñéåêôéêüôçôá óå ïîåßäéá áëêáëßùí êáé áëêáëéêþí ãáéþí (Na2O+K2O+CaO+MgO+BaO) êáôþôåñç Þ ßóç ôïõ 18 % êáôÜ âÜñïò].EN: Refractory Ceramic Fibres; Special Purpose Fibres, with the exception of those specified elsewhere in this Annex;[Man-made vitreous (silicate) fibres with random orientation with alkaline oxide and alkali earth oxide (Na2O+K2O+CaO+ MgO+BaO) content less or equal to 18 % by weight]FR: Fibres céramiques réfractaires; fibres à usage spécial, à l'exception de celles nommément désignées dans cette annexe;[Fibres (de silicates) vitreuses artificielles à orientation aléatoire, dont le pourcentage pondéral d'oxydes alcalins et d'oxydes alcalino-terreux (Na2O+K2O+CaO+MgO+BaO) est inférieur ou égal à 18 %]IT: Fibre ceramiche refrattarie; fibre per scopi speciali, escluse quelle espressamente indicate in questo allegato;[Fibre artificiali vetrose (silicati), che presentano un'orientazione casuale e un tenore di ossidi alcalini e ossidi alcalino-terrosi (Na2O+K2O+CaO+MgO+BaO) pari o inferiore al 18 % in peso]NL: Keramische minerale vezels; vezels voor speciale toepassingen, met uitzondering van in deze bijlage met name genoemde;[Kunstmatige (silicaat)glasvezels met een willekeurige oriëntatie en een gehalte aan alkali- en aardalkali-oxiden (Na2O+K2O+ CaO+MgO+BaO) van ten hoogste 18 gewichtspercenten]PT: Fibras cerâmicas refractárias; fibras para usos específicos, com excepção das expressamente referidas no presente anexo;[Fibras de vidro (silicatos) sintéticas com orientação aleatória e um teor ponderal de óxidos de elementos alcalinos e alcalino-terrosos (Na2O+K2O+CaO+MgO+BaO) não superior a 18 %]FI: Keraamiset kuidut; kuidut erityistarkoituksiin, paitsi muualla tässä liitteessä mainitut;[Keinotekoiset säännöttömästi suuntautuneet lasimaiset (silikaatti) kuidut, joiden alkalioksidija maa-alkalioksidipitoisuus (Na2O+K2O+CaO+MgO+BaO) on enintään 18 painoprosenttia]SV: Keramiska fibrer; specialfibrer förutom det på andra ställen i bilagan nämnda;[Syntetiska glasaktiga (silikat) fibrer slumpvis ordnade vars totala innehåll av oxider av alkalimetaller och alkaliska jordartsmetaller (Na2O+K2O+CaO+MgO+BaO), är lika med eller understiger 18 viktprocent]Clasificación, Klassificering, Einstufung, Ôáîéíüìçóç, Classification, Classification, Classificazione, Indeling, Classificação, Luokitus, KlassificeringCarc. Cat. 2; R49 Xi; R38Etiquetado, Etikettering, Kennzeichnung, ÅðéóÞìáíóç, Labelling, Étiquetage, Etichettatura, Kenmerken, Rotulagem, Merkinnät, MärkningT>REFERENCE TO A GRAPHIC>R: 49-38S: 53-45Límites de concentración, Koncentrationsgrænser, Konzentrationsgrenzwerte, ¼ñéá óõãêÝíôñùóçò, Concentration Limits, Limites de concentration, Limiti di concentrazione, Concentratiegrenzen, Limites de concentração, Pitoisuusrajat, Koncentrationsgränser


Avis juridique important

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31969L0060

Council Directive 69/60/EEC of 18 February 1969 amending the Council Directive of 14 June 1966 on the marketing of cereal seed

Official Journal L 048 , 26/02/1969 P. 0001 - 0003 Danish special edition: Series I Chapter 1969(I) P. 0044  English special edition: Series I Chapter 1969(I) P. 0049  Greek special edition: Chapter 03 Volume 4 P. 0079  Spanish special edition: Chapter 03 Volume 3 P. 0062  Portuguese special edition Chapter 03 Volume 3 P. 0062  Finnish special edition: Chapter 3 Volume 65 P. 0003  Swedish special edition: Chapter 3 Volume 65 P. 0003

COUNCIL DIRECTIVE  of 18 February 1969  amending the Council Directive of 14 June 1966 on the marketing of cereal seed  (69/60/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, 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 certain provisions of the Council Directive of 14 June 1966 (2) on the marketing of cereal seed should be amended; Whereas it is appropriate to amplify the provisional measures and to authorise the use of seed of generations prior to basic seed; Whereas it is necessary to include a new species of cereal in the Directive and to fix minimum requirements for it; Whereas, if certain species of seed are not normally reproduced or marketed in the territory of a Member State, provision should be made for release of that State, under the procedure of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, from the obligation to apply that Directive in respect of the species in question; Whereas, in respect of seed satisfying less stringent requirements, certain requirements as regards marking should be reduced and the colour of the label should be altered; HAS ADOPTED THIS DIRECTIVE:  Article 1The Council Directive of 14 June 1966 on the marketing of cereal seed shall be amended as prescribed in the following Articles.  Article 2 1. In Article 2 (1) (A) the words "Phalaris canariensis L. Canary grass" shall be added after the words "Oryza sativa L. Rice".  2. A comma and the words "canary grass" shall be added after the words "spelt, rye" in Article 2 (1) (C) and after the words "rye, maize" in Article 2 (1) (E).  3. The following shall be substituted for Article 2 (1) (e) (a): "(a) which is of direct descent from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed which can satisfy and has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;"  4. The following shall be substituted for Article 2 (1) (F) (a): "(a) which is of direct descent from basic seed or, if the breeder so requests, from seed of a generation prior to basic seed which has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;"  5. The following shall be substituted for Article 2 (1) (G) (a): "(a) which is of direct descent from basic seed, from certified seed of the first generation or, if the breeder so requests, from seed of a  (1) OJ No C 108, 19.10.1968, p. 30. (2) OJ No 125, 11.7.1966, p. 2309/66.  generation prior to basic seed which has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed;"  6. The following paragraph (c) shall be added to Article 2 (2): "(c) during a transitional period of not more than three years after the entry into force of the laws, regulations or administrative provisions necessary to comply with this Directive, and by way of derogation from paragraph 1 (E), (F) and (G), certify as certified seed seed which is of direct descent from seed officially controlled in a Member State under the scheme in operation at that time and which affords the same assurances as basic seed certified in accordance with the principles of this Directive ; this provision shall apply correspondingly to the certified seed of the first generation referred to in paragraph 1 (G)."  Article 3In Article 4 (1) (b) the word "maize" shall be deleted.  Article 4In Article 8 (1) the word "lots" shall be substituted for the word "consignments".  Article 5The following shall be substituted for Article 9 (2): "2. Packages which have been officially sealed shall not be resealed, whether one or more times, except officially. If packages are resealed, the fact of resealing, the most recent date of resealing and the authority responsible therefor shall be stated on the label required under Article 10 (1)."  Article 6The following shall be substituted for Article 10 (1) (b): "(b) contain an official document, in the same colour as the label, giving the same information as that required under Annex IV (A) (a) (3), (4) and (5) for the label ; this document is not necessary if the information is printed indelibly on the container."  Article 7The following shall be substituted for Article 15: "Article 15  1. The Member States shall provide that cereal seed produced directly from basic seed or from certified seed of the first generation certified in one Member State and harvested in another Member State or in a third country may be certified in the State which produced the basic seed or the certified seed of the first generation if that seed has undergone field inspection satisfying the conditions laid down in Annex I and if official examination has shown that the conditions laid down in Annex II for certified seed are satisfied.  2. Paragraph 1 shall apply in like manner to the certification of certified seed produced directly from seed of a generation prior to basic seed which can satisfy and has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic seed."  Article 8The date "1 July 1970" shall be substituted for the date given in the last sentence of Article 16 (2).  Article 9In Article 17 (2) the word "brown" shall be substituted for the words "dark yellow".  Article 10The following Article 23a shall be added: "Article 23a Upon application by a Member State, which will be dealt with as provided in Article 21, that State may be wholly or partially released from the obligation to apply this Directive in respect of certain species if seed of those species is not normally reproduced or marketed in its territory."  Article 11In Annex I (2) (A) and (4) a comma and the words "canary grass" shall be added after the word "rye".   Article 12 1. The following shall be substituted for the second sentence of Annex II (2):  "In the case of basic seed, one fragment of Claviceps purpurea per 500 grammes shall be tolerated, and in the case of certified seed, three pieces or fragments of Claviceps purpurea per 500 grammes shall be tolerated."  2. The number "7" shall be substituted for the number "5" in the seventh column of Annex II (3) (A) (a) (bb) and (cc), and (c) (bb).  3. The seventh column of Annex II (3) (A) (b) shall be amended as follows: (a) against (aa) : the words "2 red seeds" shall be substituted for the words "1 red seed"; (b) against (bb) : the number "5" shall be substituted for the number "2"; (c) against (cc) : the number "5" shall be substituted for the number "3".  4. The words "(in 250 g)" shall be added after "0" in Annex II (3) (A) (d) (aa), sixth column.  5. The following section (e) shall be added to Annex II (3) (A): >PIC FILE= "T0001912">   6. The following Part C shall be added to Annex II (3): "C. Special conditions in respect of the maximum content of seeds of the species Avena fatua, Avena sterilis, Avena ludoviciana and Lolium temulentum: The presence of one seed of Avena fatua, Avena sterilis, Avena ludoviciana or Lolium temulentum in a 500-gramme sample shall not be regarded as an impurity if a second sample is free from Avena fatua, Avena sterilis, Avena ludoviciana and Lolium temulentum."  Article 131. The following shall be substituted for the text of Annex IV (A) (a) (1) and (2):  " 1."EEC rules and standards" 2.Certification authority and Member State or their initials. " 2. However, labels giving the information required under Annex IV (A) (a) (1) of the Council Directive of 14 June 1966 on the marketing of cereal seed may be used up to but not later than 30 June 1970.  Article 14The Member States shall, not later than 1 July 1969, bring into force the laws, regulations or administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  Article 15This Directive is addressed to the Member States. Done at Brussels, 18 February 1969. For the Council The President J. P. BUCHLER


Avis juridique important

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31999L0054

Commission Directive 1999/54/EC of 26 May 1999 amending Council Directive 66/402/EEC on the marketing of cereal seed

Official Journal L 142 , 05/06/1999 P. 0030 - 0031

COMMISSION DIRECTIVE 1999/54/ECof 26 May 1999amending Council Directive 66/402/EEC on the marketing of cereal seedTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed(1), as last amended by Directive 1999/8/EC(2), and in particular Articles 2(1b) and 21b thereof,(1) Whereas the abovementioned Directive makes provisions for including hybrids of self-pollinating triticale within its scope and empowers the Commission to adopt the necessary amendments to the definitions in Article 2(1) of that Directive; whereas, owing to the increased importance in the Community of the hybrids of self-pollinating triticale, they should be included within the scope of the Directive and consequently amendments to the definitions of "basic seed" and "certified seed" should be adopted;(2) Whereas the abovementioned Directive does not establish the conditions to be satisfied by the crop and the seed of hybrids of Avena sativa, Hordeum vulgare, Oryza sativa, Triticum aestivum, Triticum durum, Triticum spelta and self-pollinating Triticosecale; whereas such conditions may be established and Annexes I and II to Directive 66/402/EEC amended accordingly; whereas, owing to the increased importance in the Community of the abovementioned hybrids, the conditions to be satisfied by the crop and by the seed, in particular where seed is produced by use of a chemical hybridisation agent, should be established;(3) Whereas the measures provided in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 66/402/EEC is hereby amended as follows:1. in Article 2(1)Ca, the introductory sentence is replaced by the following: "Basic seed (hybrids of oats, barley, rice, rye, wheat, durum wheat, spelt wheat and self-pollinating triticale)";2. in Article 2(1)E the introductory sentence is replaced by the following: "Certified seed (canary grass, other than hybrids, rye, sorghum, sudan grass, maize and hybrids of oats, barley, rice, wheat, durum wheat, spelt wheat and self pollinating triticale): seed";3. in point 3 of Annex I the first and the second sentences are replaced by the following: "The crop shall have sufficient varietal identity and varietal purity or, in the case of a crop of an inbred line, sufficient identity and purity as regards its characteristics. For the production of seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components, including male sterility or fertility restoration";4. the following point 3b is inserted in Annex I: "3b. Crops to produce certified seed of hybrids of oats, barley, rice, wheat, durum wheat, spelt wheat and sel-pollinating triticale(a) The crop shall conform to the following standards as regards distances from neighbouring sources of pollen which may result in undesirable foreign pollination:- the minimum distance of the female component shall be 25 m from any other variety of the same species except from a crop of the male component,- this distance can be disregarded if there is sufficient protection from any undesirable foreign pollination.(b) The crop shall have sufficient identity and purity as regards the characteristics of the components.Where seed is produced by use of a chemical hybridisation agent, the crop shall conform to the following standards or other conditions:(i) the minimum varietal purity of each component shall be:- oats, barley, rice, wheat, durum wheat and spelt wheat: 99,7 %,- self-pollinating triticale: 99,0 %;(ii) the minimum hybridity must be 95 %. The percentage hybridity shall be assessed in accordance with current international methods, in so far as such methods exist. In cases where the hybridity is determined during seed testing prior to certification, the determination of the hybridity during field inspection need not be done.";5. in point 1 of Annex II, the first and the second sentences are replaced by the following: "The seed shall have sufficient varietal identity and varietal purity or, in the case of seed of an inbred line, sufficient identity and purity as regards its characteristics. For the seed of hybrid varieties, the abovementioned provisions shall also apply to the characteristics of the components.";6. in the heading of Section 1.Aa of Annex II, "other than hybrids" is inserted after "Triticosecale";7. the following section is added to Section 1.Aa of Annex II: "Ab. Hybrids of oats, barley, rice, wheat, durum wheat, spelt wheat and self-pollinating triticale.The minimum varietal purity of the seed of the category certified seed shall be 90 %. It shall be examined in official post control tests on an approriate proportion of samples."Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive not later than 1 July 2000. They shall forthwith inform the Commission thereof.2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The procedure for such reference shall be adopted by Member States.3. Member States shall communicate to the Commission the text of the main provisions of domestic law they adopt in the field covered by this Directive.Article 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Done at Brussels, 26 May 1999.For the CommissionFranz FISCHLERMember of the Commission(1) OJ 125, 11.7.1966, p.2309/66.(2) OJ L 50, 26.2.1999, p. 26.


Avis juridique important

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31984L0534

Council Directive 84/534/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of tower cranes

Official Journal L 300 , 19/11/1984 P. 0130 - 0141 Spanish special edition: Chapter 15 Volume 5 P. 0073  Portuguese special edition Chapter 15 Volume 5 P. 0073  Finnish special edition: Chapter 15 Volume 6 P. 0173  Swedish special edition: Chapter 15 Volume 6 P. 0173

+++++( 1 ) OJ NO C 54 , 8 . 3 . 1976 , P . 63 .  ( 2 ) OJ NO C 125 , 8 . 6 . 1976 , P . 43 .  ( 3 ) OJ NO C 197 , 23 . 8 . 1976 , P . 11 .  ( 4 ) OJ NO C 112 , 20 . 12 . 1973 , P . 1 AND OJ NO C 139 , 13 . 6 . 1977 , P . 1  ( 5 ) SEE PAGE 111 OF THIS OFFICIAL JOURNAL .  ( 6 ) OJ NO L 33 , 8 . 2 . 1979 , P . 15 .  ( 7 ) OJ NO L 376 , 30 . 12 . 1981 , P . 49 .  ( 8 ) THIS DIRECTIVE WAS NOTIFIED TO THE MEMBER STATES ON 26 SEPTEMBER 1984 .  COUNCIL DIRECTIVE OF 17 SEPTEMBER 1984 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE PERMISSIBLE SOUND POWER LEVEL OF TOWER CRANES ( 84/534/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,  WHEREAS THE 1973 AND 1977 ACTION PROGRAMMES OF THE EUROPEAN COMMUNITIES ON THE ENVIRONMENT ( 4 ) REFLECT THE IMPORTANCE OF THE PROBLEM OF NOISE NUISANCE AND IN PARTICULAR THE NEED FOR ACTION TO REGULATE THE WORST NOISE SOURCES ;  WHEREAS DISPARITY BETWEEN THE MEASURES ALREADY APPLICABLE OR IN PREPARATION IN THE VARIOUS MEMBER STATES CONCERNING THE LIMITATION OF THE SOUND EMISSION LEVEL OF TOWER CRANES CREATES UNEQUAL CONDITIONS OF COMPETITION AND THEREBY DIRECTLY AFFECTS THE FUNCTIONING OF THE COMMON MARKET ; WHEREAS IT IS , THEREFORE , APPROPRIATE TO PROCEED IN THAT FIELD WITH THE APPROXIMATION OF LAWS FOR WHICH ARTICLE 100 OF THE TREATY PROVIDES ;  WHEREAS DIRECTIVE 84/532/EEC OF 17 SEPTEMBER 1984 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COMMON PROVISIONS FOR CONSTRUCTION PLANT AND EQUIPMENT ( 5 ) LAID DOWN , IN PARTICULAR , THE PROCEDURE FOR EEC TYPE-EXAMINATION ; WHEREAS IT IS NECESSARY , PURSUANT TO THAT DIRECTIVE , TO PRESCRIBE THE HARMONIZED REQUIREMENTS WHICH EACH CATEGORY OF EQUIPMENT MUST SATISFY ;  WHEREAS COUNCIL DIRECTIVE 79/113/EEC OF 19 DECEMBER 1978 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE MEASUREMENT OF THE SOUND LEVEL OF CONSTRUCTION PLANT AND EQUIPMENT ( 6 ) , AS AMENDED BY COUNCIL DIRECTIVE 81/1051/EEC ( 7 ) , LAID DOWN , IN PARTICULAR , THE METHOD WHICH SHOULD BE USED FOR ESTABLISHING THE ACOUSTIC CRITERIA FOR TOWER CRANES ;  WHEREAS OWING TO THE EFFECT OF THE NOISE EMITTED BY TOWER CRANES ON THE ENVIRONMENT AND , MORE PARTICULARLY , ON HUMAN WELL-BEING AND HEALTH , IT IS NECESSARY TO BRING ABOUT A PROGRESSIVE AND APPRECIABLE REDUCTION IN THE PERMISSIBLE SOUND POWER LEVEL OF TOWER CRANES ;  WHEREAS IT IS IMPORTANT TO BE ABLE TO REGULATE THE USE OF TOWER CRANES IN CERTAIN AREAS CONSIDERED TO BE PARTICULARLY SENSITIVE SO AS TO LIMIT THE NUISANCE CAUSED BY THE AIRBORNE NOISE EMITTED BY SUCH TOWER CRANES ;  WHEREAS TECHNICAL PROVISIONS MUST BE ADAPTED RAPIDLY TO TECHNICAL ADVANCES ; WHEREAS IT IS NECESSARY TO THIS END TO PROVIDE FOR THE APPLICATION OF THE PROCEDURE SET OUT IN ARTICLE 5 OF DIRECTIVE 79/113/EEC ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . THIS DIRECTIVE APPLIES TO THE PERMISSIBLE SOUND POWER LEVEL OF TOWER CRANES USED TO PERFORM WORK ON CIVIL ENGINEERING AND BUILDING SITES .  2 . BY WAY OF DEROGATION FROM THE PROVISIONS OF ARTICLE 1 ( 3 ) OF DIRECTIVE 84/532/EEC , HEREINAFTER REFERRED TO AS THE " FRAMEWORK DIRECTIVE " , THIS DIRECTIVE IS REGARDED AS A SEPARATE DIRECTIVE WITHIN THE MEANING OF ARTICLE 3 ( 2 ) OF THE AFOREMENTIONED DIRECTIVE .  ARTICLE 2  FOR THE PURPOSES OF THIS DIRECTIVE , " TOWER CRANE " MEANS A POWER-DRIVEN LIFTING APPLIANCE WHICH :  - WHEN IN USE , CONSISTS OF A VERTICAL TOWER WITH A JIB FITTED TO THE UPPER PART ,  - IS EQUIPPED WITH MEANS FOR RAISING AND LOWERING SUSPENDED LOADS AND FOR HORIZONTAL MOVEMENT OF SUCH LOADS BY VARIATION OF LOAD-LIFTING RADIUS AND/OR BY SLEWING AND/OR BY TRAVELLING OF THE COMPLETE APPLIANCE ,  - IS DESIGNED TO BE ABLE TO BE REMOVED WHEN THE WORK FOR WHICH IT WAS ERECTED HAS BEEN COMPLETED .  ARTICLE 3  1 . THE APPROVED BODIES SHALL ISSUE AN EEC TYPE-EXAMINATION CERTIFICATE FOR EACH TYPE OF TOWER CRANE FOR WHICH THE SOUND POWER LEVEL OF AIRBORNE NOISE , MEASURED UNDER THE CONDITIONS SET OUT IN ANNEX I TO COUNCIL DIRECTIVE 79/113/EEC , AS AMENDED BY ANNEX I TO THIS DIRECTIVE , DOES NOT EXCEED THE PERMISSIBLE SOUND POWER LEVELS GIVEN IN THE FOLLOWING TABLE :  * PERMISSIBLE SOUND POWER LEVEL IN DB ( A ) /1 PW AS FROM  * 18 MONTHS AFTER NOTIFICATION OF THE DIRECTIVE * 5 YEARS AFTER NOTIFICATION OF THE DIRECTIVE  LIFTING MECHANISM * 102 * 100  ENERGY GENERATOR * LEVELS LAID DOWN IN THE DIRECTIVE ON POWER GENERATORS ACCORDING TO THE POWER GENERATED  ASSEMBLY COMPRISING LIFTING MECHANISM AND ENERGY GENERATOR * HIGHEST VALUES OF THE TWO COMPONENTS  2 . ALL APPLICATIONS FOR AN EEC TYPE-EXAMINATION CERTIFICATE IN RESPECT OF THE PERMISSIBLE SOUND POWER LEVEL OF A TYPE OF TOWER CRANE SHALL BE ACCOMPANIED BY AN INFORMATION DOCUMENT CONFORMING TO THE MODEL SHOWN IN ANNEX II .  3 . FOR EACH TYPE OF TOWER CRANE WHICH IT CERTIFIES , THE APPROVED BODY SHALL COMPLETE ALL THE SECTIONS OF THE EEC TYPE-EXAMINATION CERTIFICATE CONFORMING TO THE MODEL GIVEN IN ANNEX III TO THE FRAMEWORK DIRECTIVE .  4 . THE PERIOD OF VALIDITY OF EEC TYPE-EXAMINATION CERTIFICATES SHALL BE LIMITED TO FIVE YEARS . THIS MAY BE EXTENDED BY FIVE YEARS PROVIDED THAT APPLICATION IS MADE NO SOONER THAN 12 MONTHS BEFORE THE EXPIRY OF THE FIRST FIVE-YEAR PERIOD .  HOWEVER , AT THE END OF A PERIOD OF FIVE YEARS FROM NOTIFICATION OF THE DIRECTIVE , EEC TYPE-EXAMINATION CERTIFICATES SHALL CEASE TO BE VALID UNLESS THEY WERE ISSUED FOR TOWER CRANES WHICH COMPLY WITH THE MAXIMUM LEVEL ENTERING INTO FORCE ON THAT DATE .  5 . BY WAY OF DEROGATION FROM ARTICLE 19 ( 1 ) OF THE FRAMEWORK DIRECTIVE , THE ADVANTAGES PROVIDED FOR IN THAT ARTICLE SHALL , AFTER A PERIOD OF 5 1/2 YEARS FROM NOTIFICATION OF THE DIRECTIVE , NO LONGER BE AVAILABLE FOR ANY TYPE OF TOWER CRANE SUPPLIED WITH A CERTIFICATE OF CONFORMITY DRAWN UP ON THE BASIS OF A TYPE-EXAMINATION CERTIFICATE RELATING TO THE FIGURES IN THE FIRST PERIOD ; THE PERIOD OF VALIDITY SHALL ACCORDINGLY BE SHOWN ON THE CERTIFICATES OF CONFORMITY CONCERNED .  6 . FOR EVERY TOWER CRANE BUILT IN CONFORMITY WITH THE TYPE CERTIFIED BY EEC TYPE-EXAMINATION , THE MANUFACTURER SHALL COMPLETE A CERTIFICATE OF CONFORMITY , THE MODEL OF WHICH IS GIVEN IN ANNEX IV TO THE FRAMEWORK DIRECTIVE IN THE COLUMNS RELATING TO THE EEC TYPE-EXAMINATION CERTIFICATE .  7 . EACH TOWER CRANE BUILT IN ACCORDANCE WITH THE TYPE CERTIFIED BY EEC-TYPE-EXAMINATION SHALL BEAR A CLEAR AND PERMANENT MARK INDICATING THE SOUND POWER LEVEL IN DB ( A ) WITH REFERENCE TO 1 PW GUARANTEED BY THE MANUFACTURER , AND DETERMINED AS LAID DOWN IN ANNEX I TO DIRECTIVE 79/113/EEC , AS AMENDED BY ANNEX I TO THIS DIRECTIVE , TOGETHER WITH THE SYMBOL * ( EPSILON ) . THE MODEL FOR THIS MARK IS GIVEN IN ANNEX III TO THIS DIRECTIVE .  ARTICLE 4  THE PROVISIONS OF THIS DIRECTIVE SHALL NOT AFFECT THE MEMBER STATES' ENTITLEMENT TO LIMIT , WITH DUE OBSERVANCE OF THE TREATY , AND IN PARTICULAR ARTICLES 30 TO 36 THEREOF , THE LEVEL OF NOISE AT THE OPERATOR'S POSITION FOR TOWER CRANES , PROVIDED THAT THIS DOES NOT INVOLVE AN OBLIGATION TO ADAPT TOWER CRANES WHICH COMPLY WITH THIS DIRECTIVE TO DIFFERENT EMISSION STANDARDS WITHIN THE MEANING OF ANNEX I TO THE DIRECTIVE .  ARTICLE 5  MEMBER STATES MAY TAKE MEASURES TO REGULATE THE USE OF TOWER CRANES IN AREAS WHICH THEY CONSIDER SENSITIVE .  ARTICLE 6  VERIFICATION OF THE CONFORMITY OF PRODUCTION MODELS WITH THE TYPE EXAMINED , AS PROVIDED FOR IN ARTICLE 12 OF THE FRAMEWORK DIRECTIVE , SHALL BE CARRIED OUT USING THE TECHNICAL PROCEDURE STIPULATED IN ANNEX IV .  ARTICLE 7  THE COUNCIL SHALL ACT UNANIMOUSLY , WITHIN 18 MONTHS , ON THE PROPOSAL FOR A REDUCTION IN THE NOISE LEVELS WHICH THE COMMISSION WILL PRESENT AS SOON AS POSSIBLE AND NO LATER THAN FIVE YEARS AFTER THE ADOPTION OF THIS DIRECTIVE .  ARTICLE 8  THE FOLLOWING SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 5 OF DIRECTIVE 79/113/EEC , AS AMENDED BY DIRECTIVE 81/1051/EEC :  - THE TECHNICAL PROCEDURE IN ANNEX IV FOR CHECKING THE CONFORMITY OF PRODUCTION MODELS WITH THE TYPE EXAMINED ,  - THE AMENDMENTS NECESSARY TO ADAPT THE REQUIREMENTS OF THE ANNEXES TO TECHNICAL PROGRESS .  ARTICLE 9  MEMBER STATES SHALL TAKE ALL THE NECESSARY MEASURES TO ENSURE THAT TOWER CRANES AS DEFINED IN ARTICLE 2 CANNOT BE PLACED ON THE MARKET UNLESS THEY SATISFY THE PROVISIONS OF THIS DIRECTIVE AND OF THE FRAMEWORK DIRECTIVE .  ARTICLE 10  1 . MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE ON THE EXPIRY OF A PERIOD OF 18 MONTHS AS OF ITS NOTIFICATION ( 8 ) AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  2 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE TEXTS OF THE PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD GOVERNED BY THIS DIRECTIVE .  ARTICLE 11  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 17 SEPTEMBER 1984 .  FOR THE COUNCIL  THE PRESIDENT  P . BARRY  ANNEX I  METHOD OF MEASURING AIRBORNE NOISE EMITTED BY TOWER CRANES  SCOPE  THIS MEASUREMENT METHOD IS APPLICABLE TO TOWER CRANES . IT SPECIFIES THE TEST PROCEDURES FOR USE IN DETERMINING THE SOUND POWER LEVEL OF SUCH EQUIPMENT FOR THE PURPOSE OF EEC TYPE-EXAMINATION AND TESTING AS TO CONFORMITY .  THESE TECHNICAL PROCEDURES COMPLY WITH THE REQUIREMENTS OF ANNEX I TO DIRECTIVE 79/113/EEC .  ALL THE SECTIONS IN ANNEX I TO DIRECTIVE 79/113/EEC SHALL APPLY TO TOWER CRANES , SUBJECT TO THE FOLLOWING AMENDMENTS :  4 . CRITERIA TO BE USED FOR EXPRESSING RESULTS  ( A ) WHERE THE TOWER CRANE IS POWERED BY AN INDEPENDENT ENERGY SOURCE , THE ACOUSTIC CRITERION FOR THE ENVIRONMENT OF THE TOWER CRANE SHALL BE THE SOUND POWER LEVEL OF THE LIFTING MECHANISM .  ( B ) WHERE THE ENERGY SOURCE IS INCORPORATED IN THE CRANE , THE ACOUSTIC CRITERION FOR THE ENVIRONMENT OF THE TOWER CRANE SHALL BE EITHER :  - THE SOUND POWER LEVELS OF THE ENERGY GENERATOR AND THE LIFTING MECHANISM WHEN THESE TWO DEVICES ARE NOT COMBINED ,  OR  - THE SOUND POWER LEVEL OF THE ENERGY GENERATOR AND THE LIFTING MECHANISM COMBINED .  6 . MEASURING CONDITIONS  6.2 . OPERATION OF THE SOUND SOURCE DURING MEASUREMENT .  WHERE THE LIFTING MECHANISM IS SITUATED ON THE JIB STAY , THE NOISE MEASUREMENTS MAY BE CARRIED OUT WITH THE MECHANISM EITHER MOUNTED ON THE JIB STAY OR FIXED TO THE GROUND .  WHERE THE ENERGY SOURCE POWERING THE CRANE IS INDEPENDENT FROM IT ( ELECTRICAL POWER GENERATOR OR MAINS , OR HYDRAULIC OR PNEUMATIC POWER SOURCE ) , ONLY THE NOISE LEVEL OF THE MECHANISM WINCH SHALL BE MEASURED .  WHERE THE ENERGY GENERATOR IS ATTACHED TO THE CRANE , THE ENERGY GENERATOR AND THE LIFTING MECHANISM SHALL BE MEASURED SEPARATELY IF THEY ARE NOT COMBINED .  WHERE THESE TWO DEVICES ARE COMBINED , THE MEASUREMENTS SHALL REFER TO THE WHOLE ASSEMBLY .  FOR NOISE MEASUREMENTS , THE LIFTING MECHANISM AND THE ENERGY GENERATOR SHALL BE INSTALLED AND USED IN ACCORDANCE WITH THE MANUFACTURER'S INSTRUCTIONS . THE ENERGY GENERATOR INCORPORATED IN THE CRANE SHALL OPERATE AT THE FULL POWER RATING INDICATED BY THE MANUFACTURER . THE LIFTING MECHANISM SHALL OPERATE AS INDICATED IN 6.2.1 AND 6.2.2 IN THE RAISING AND LOWERING MODES .  6.2.1 . A TEST OF THE SOUND SOURCE FREE OF LOAD ( IDLING ) .  THE LIFTING MECHANISM SHALL BE OPERATING FREE OF LOAD , WITH ITS DRUM TURNING AT THE ROTATION SPEED CORRESPONDING TO THE MAXIMUM HOOK-DISPLACEMENT SPEED . THIS SPEED SHALL BE SPECIFIED BY THE MANUFACTURER .  6.2.2 . TESTS CARRIED OUT UNDER LOAD .  THE LIFTING MECHANISM SHALL OPERATE WITH A CABLE TENSION AT THE DRUM CORRESPONDING TO THE MAXIMUM LOAD ( FOR THE MINIMUM RADIUS ) WITH THE HOOK MOVING AT THE MAXIMUM SPEED :  THE LOAD AND SPEED FIGURES SHALL BE SPECIFIED BY THE MANUFACTURER .  THE SPEED SHALL BE CHECKED DURINT THE TEST .  NOTE : THE GREATER OF THE TWO SOUND POWER LEVELS ( RAISING OR LOWERING ) SHALL BE USED FOR THE RESULTS OF THE TEST .  6.3 . MEASURING SITE .  6.3.1 . MEASUREMENTS OF THE LIFTING MECHANISM .  IN ORDER TO CARRY OUT THE NOISE MEASUREMENTS , THE LIFTING MECHANISM SHALL BE MOUNTED IN ONE OF THE WAYS DESCRIBED BELOW . THE POSITION USED SHALL BE DESCRIBED IN THE TEST REPORT .  ( A ) LIFTING MECHANISM AT GROUND LEVEL .  THE MOUNTED CRANE SHALL BE PLACED ON A FLAT REFLECTING SURFACE OF CONCRETE OR NON-POROUS ASPHALT .  ( B ) LIFTING MECHANISM ON THE JIB STAY .  THE LIFTING MECHANISM SHALL BE AT LEAST 12 M ABOVE THE GROUND .  ( C ) LIFTING MECHANISM FIXED TO THE GROUND .  THE LIFTING MECHANISM SHALL BE FIXED TO A FLAT AND REFLECTING SURFACE OF CONCRETE OR NON-POROUS ASPHALT .  6.3.2 . MEASUREMENT OF THE ENERGY GENERATOR .  WHERE THE ENERGY GENERATOR IS ATTACHED TO THE CRANE , WHETHER OR NOT IT IS LINKED TO THE LIFTING MECHANISM , THE CRANE SHALL BE POSITIONED ON A FLAT REFLECTING SURFACE OF CONCRETE OR NON-POROUS ASPHALT .  6.4 . MEASURING SURFACE , MEASURING DISTANCE , LOCATION AND NUMBER OF MEASURING POINTS .  6.4.1 . MEASURING SURFACE , MEASURING DISTANCE .  ( A ) MEASUREMENTS CARRIED OUT AT GROUND-LEVEL .  THE MEASURING SURFACE TO BE USED FOR THE GROUND-LEVEL TEST SHALL BE A HEMISPHERE ( FIGURES 1 AND 2 ) . THE CENTRE OF THE HEMISPHERE SHALL BE THE VERTICAL PROJECTION ON THE FLAT REFLECTING SURFACE OF THE GEOMETRIC CENTRE OF THE FRAME OF THE LIFTING MECHANISM OF THE ENERGY GENERATOR OR OF THE TWO COMBINED .  THE RADIUS SHALL BE :  - 4 M , WHERE THE GREATEST DIMENSION OF THE LIFTING MECHANISM , THE ENERGY GENERATOR OR THE COMBINED UNIT IS NOT MORE THAN 1,50 M ,  - 10 M , WHERE THE GREATEST DIMENSION OF THE LIFTING MECHANISM , THE ENERGY GENERATOR OR THE COMBINED UNIT IS MORE THAN 1,50 M .  ( B ) MEASUREMENTS CARRIED OUT AT JIB-HEIGHT .  WHERE THE LIFTING MECHANISM IS LOCATED ON THE JIB STAY , THE MEASUREMENT SURFACE SHALL BE A SPHERE OF 4 M RADIUS , THE CENTRE OF WHICH SHALL COINCIDE WITH THE GEOMETRICAL CENTRE OF THE WINCH ( FIGURE 3 ) .  6.4.2 . LOCATION AND NUMBER OF MEASURING POINTS .  ( A ) MEASUREMENTS AT GROUND-LEVEL .  FOR NOISE MEASUREMENTS AT GROUND-LEVEL , THERE SHALL BE SIX MEASURING POINTS , NAMELY POINTS 2 , 4 , 6 , 8 , 10 , 12 , POSITIONED IN ACCORDANCE WITH SECTION 6.4.2.2 OF ANNEX I TO DIRECTIVE 79/113/EEC .  FOR THE MEASUREMENTS OF THE LIFTING MECHANISM OR OF THE MECHANISM LINKED TO THE ENERGY GENERATOR , THE X-AXIS OF THE SYSTEM OF COORDINATES OF THE MEASURING POINTS SHALL BE PARALLEL TO THE AXIS OF THE DRUM OF THE LIFTING MECHANISM .  ( B ) MEASUREMENT AT JIB-HEIGHT .  WHERE THE LIFTING MECHANISM IS LOCATED ON THE JIB STAY OF THE CRANE , THE MEASURING POINTS SHALL BE AS FOLLOWS , AS ILLUSTRATED IN FIGURE 3 .  FOUR MEASURING POINTS ON A HORIZONTAL PLANE PASSING THROUGH THE GEOMETRIC CENTRE OF THE MECHANISM ( H = H/2 )  WITH L = * = 2,80 M  AND D = 2,80 M - *  R = RADIUS OF THE MEASURING SURFACE = 4 M ;  L = HALF-DISTANCE BETWEEN TWO CONSECUTIVE MEASURING POINTS ;  L = LENGTH OF MECHANISM ( ALONG AXIS OF JIB ) ;  B = WIDTH OF MECHANISM ;  H = HEIGHT OF MECHANISM ;  D = DISTANCE BETWEEN MICROPHONE SUPPORT AND MECHANISM IN DIRECTION OF JIB .  THE OTHER TWO MEASURING POINTS SHALL BE LOCATED AT THE POINTS OF INTERSECTION OF THE SPHERE AND THE VERTICAL LINE PASSING THROUGH THE GEOMETRIC CENTRE OF THE MECHANISM .  NOTE :  MEASUREMENT MAY BE EASIER IF A DEVICE IS USED TO CHECK FROM GROUND LEVEL THE POSITION AND CALIBRATION OF THE MICROPHONES . FOR THE PURPOSES OF THE MEASUREMENT , THIS DEVICE SHALL BE MOUNTED ON THE LIFTING MECHANISM , TOGETHER WITH THE MICROPHONES .  7 . MEASUREMENTS  7.1.1 . ONLY THE BACKGROUND NOISE SHALL BE TAKEN INTO ACCOUNT FOR CORRECTION PURPOSES .  NOTE :  AT THE TIME OF MEASUREMENTS TO DETERMINE THE SOUND POWER LEVEL OF THE LIFTING MECHANISM , EVERY PRECAUTION SHALL BE TAKEN TO ENSURE THAT THE PARASITIC NOISE PRODUCED DIRECTLY OR INDIRECTLY BY THE ENERGY GENERATOR DOES NOT INFLUENCE THE MEASUREMENTS OF THE NOISE OF THE LIFTING MECHANISM .  7.1.5 . PRESENCE OF OBSTACLES .  A VISUAL CHECK IN A CIRCULAR ZONE WITH A RADIUS OF THREE TIMES THAT OF THE MEASUREMENT HEMISPHERE AND THE CENTRE OF WHICH COINCIDES WITH THE CENTRE OF THAT HEMISPHERE SHALL BE ADEQUATE TO ENSURE THAT THE PROVISIONS OF THE THIRD SUBPARAGRAPH OF SECTION 6.3 OF ANNEX I TO DIRECTIVE 79/113/EEC ARE COMPLIED WITH .  7.2 . MEASUREMENT OF THE SOUND PRESSURE LEVEL LPA .  THE SOUND PRESSURE LEVELS OF THE LIFTING MECHANISM AND/OR THE ENERGY GENERATOR SHALL BE MEASURED AS SPECIFIED IN THE FIRST SUBPARAGRAPH OF SECTION 7.2 OF ANNEX I TO DIRECTIVE 79/113/EEC .  THE SOUND PRESSURE LEVELS LPA SHALL BE MEASURED AT LEAST THREE TIMES . IF THE SOUND POWER LEVELS OBTAINED IN ANY TWO OF THESE MEASUREMENTS DO NOT DIFFER BY MORE THAN 1 DB , NO FURTHER MEASUREMENTS SHALL BE TAKEN ; OTHERWISE , MEASUREMENTS SHALL CONTINUE UNTIL THE RESULTS OF TWO OR THREE SUCH MEASUREMENTS DO NOT DIFFER BY MORE THAN 1 DB . THE ROOT MEAN SQUARE OF THE READINGS WITHIN 1 DB OF ONE ANOTHER OBTAINED IN THIS WAY SHALL BE TAKEN AS THE MEASUREMENT RESULT .  FOR THE MEASUREMENT OF THE SOUND PRESSURE LEVELS OF THE LIFTING MECHANISM , THE MEASURING PERIOD SHALL BE ( TR + TF ) SECONDS :  - TR BEING THE PERIOD IN SECONDS PRIOR TO ACTIVATION OF THE BRAKE , WITH THE LIFTING MECHANISM OPERATING IN THE MANNER SPECIFIED IN 6.2.1 AND 6.2.2 . FOR THE PRUPOSES OF THE TESTS , TR = 3 SECONDS ,  - TF BEING THE PERIOD IN SECONDS BETWEEN THE MOMENT WHEN THE BRAKE IS ACTIVATED AND THAT WHEN THE HOOK COMES TO A COMPLETE STANDSTILL .  IF AN INTEGRATOR IS USED , THE INTEGRATION PERIOD SHALL BE EQUAL TO ( TR + TF ) SECONDS .  8 . USE OF RESULTS  FOR THE PURPOSES OF APPLYING THE PROVISIONS OF THIS DIRECTIVE , THE SOUND POWER LEVEL ADOPTED FOR TOWER CRANES SHALL BE THE HIGHEST LEVEL OF THOSE CALCULATED IN ACCORDANCE WITH 7.2 IN RESPECT OF THE TESTS CARRIED OUT FREE OF LOAD AND UNDER LOAD , AS PROVIDED FOR IN 6.2 .  8.1.1 . ROOT MEAN SQUARE VALUE AT A MEASURING POINT .  THE ROOT MEAN SQUARE VALUE AT A MEASURING POINT I SHALL BE GIVEN BY :  TF - GIVEN IN 7.2 ;  TR - GIVEN IN 7.2 ;  L1I = SOUND PRESSURE LEVEL AT MEASURING POINT I DURING TIME TR AS INDICATED IN 7.2 ;  L2I = SOUND PRESSURE LEVEL AT MEASURING POINT I DURING BRAKING TIME TF AS INDICATED IN 7.2 .  8.2 . NOT APPLICABLE .  8.3 . CALCULATION OF AREA S OF THE MEASURING SURFACE .  ( A ) WHERE THE MEASURING SURFACE IS A HEMISPHERE  THE AREA S OF THE MEASURING SURFACE IN M2 SHALL BE AS FOLLOWS :  S = 2 *R2  NOTE : THE SURFACE LEVEL 10 LOG10 * SHALL BE 20 DB WHERE R = 4 M ;  28 DB WHERE R = 10 M .  ( B ) WHERE THE MEASURING SURFACE IS A SPHERE  THE AREA S OF THE MEASURING SURFACE IN M2 SHALL BE AS FOLLOWS :  S = 4 *R2  = 200 M2  NOTE : THE SURFACE LEVEL 10 LOG10 * SHALL BE 23 DB .  8.6.2 . IN VIEW OF SECTION 6.3 IN ANNEX I TO DIRECTIVE 79/113/EEC , THE CONSTANT C SHALL NOT BE APPLICABLE AND K2 = 0 .  ANNEX II  MODEL OF INFORMATION DOCUMENT FOR A TYPE OF TOWER CRANE TO BE SUPPLIED FOR THE PURPOSES OF EEC TYPE-EXAMINATION  1 . GENERAL  1.1 . NAME AND ADDRESS OF MANUFACTURER  1.2 . NAME AND ADDRESS OF MANUFACTURER'S AUTHORIZED REPRESENTATIVE ( IF ANY )  1.3 . MAKE ( NAME OF UNDERTAKING )  1.4 . TRADE NAME ( MENTION ANY VARIATIONS )  1.5 . TYPE  1.6 . CATEGORY  1.7 . LOCATION OF STATUTORY DATA PLATES AND INSCRIPTIONS AND METHOD OF FIXING  2 . OPERATION  3 . INSTRUCTIONS FOR USE  4 . ATTACH DESCRIPTIVE TRADE LEAFLET , IF ANY .  ANNEX III  MODEL FOR MARK FOR SOUND POWER LEVEL  ANNEX IV  TECHNICAL PROCEDURE FOR CHECKING THE CONFORMITY OF PRODUCTION MODELS WITH THE TYPE EXAMINED  THE CONFORMITY OF PRODUCTION MODELS WITH THE TYPE EXAMINED SHALL BE VERIFIED , IF POSSIBLE , BY SPOT CHECKS .


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31981L0075

Council Directive 81/75/EEC of 17 February 1981 amending Section 2 of Annex II to Directive 72/276/EEC on the approximation of the laws of the Member States relating to certain methods for the quantitative analysis of binary textile fibre mixtures

Official Journal L 057 , 04/03/1981 P. 0023 - 0026 Finnish special edition: Chapter 13 Volume 11 P. 0108  Spanish special edition: Chapter 13 Volume 11 P. 0163  Swedish special edition: Chapter 13 Volume 11 P. 0108  Portuguese special edition Chapter 13 Volume 11 P. 0163

COUNCIL DIRECTIVE of 17 February 1981 amending Section 2 of Annex II to Directive 72/276/EEC on the approximation of the laws ; of the Member States relating to certain methods for the quantitative analysis of binary textile fibre mixtures (81/75/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Council Directive 71/307/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to textile names (4), provides for the mandatory labelling of the fibre content of textile products;  Whereas, pursuant to Article 13 of Directive 71/307/EEC, Council Directive 72/276/EEC of 17 July 1972 on the approximation of the laws of the Member States relating to certain methods for the quantitative analysis of binary textile fibre mixtures (5) lays down 13 uniform methods of analysis for most of the textile products composed of binary mixtures that are on the market;  Whereas textile products consisting of polypropylene fibres and certain other fibres and products consisting of chlorofibres based on homopolymers of vinyl chloride and certain other fibres which are also subject to the labelling obligation provided for in Directive 71/307/EEC are not covered by Directive 72/276/EEC ; whereas uniform methods of analysis applicable to these products should be established,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Special methods Nos 14 and 15 set out in the Annex to this Directive are hereby added to Section 2 of Annex II to Directive 72/276/EEC.   Article 2 1. Member States shall bring into force the provisions necessary to comply with the Directive within one year of its notification. They shall forthwith inform the Commission thereof.  2. As soon as this Directive has been notified, Member States shall ensure that the Commission is informed, in sufficient time for it to submit its comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 17 February 1981.  For the Council  The President  D.F. van der MEI   (1) OJ No C 283, 13.11.1979, p. 4.  (2) OJ No C 117, 12.5.1980, p. 80.  (3) OJ No C 113, 7.5.1980, p. 35.  (4) OJ No L 185, 16.8.1971, p. 16.  (5) OJ No L 173, 31.7.1972, p. 1.     ANNEX METHODS FOR QUANTITATIVE ANALYSIS OF CERTAIN BINARY FIBRE MIXTURES  METHOD No 14  POLYPROPYLENE FIBRES AND CERTAIN OTHER FIBRES  (Xylene method)     1. FIELD OF APPLICATION  This method is applicable, after removal of non-fibrous matter, to binary mixtures of: 1.  polypropylene fibres (31)  with       2. wool (1), animal hair (2 and 3), silk (4), cotton (5), acetate (17), cupro (19), modal (20), triacetate (22), viscose (23), acrylic (24), "polyamide" or "nylon" (28), polyester (29) and glass fibre (38).   2.  PRINCIPLE  The polypropylene fibre is dissolved out from a known dry mass of the mixture with boiling xylene. The residue is collected, washed, dried and weighed ; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of polypropylene is found by difference.       3. APPARATUS AND REAGENTS (other than those specified in the general instructions)      3.1. Apparatus        (i) Glass-stoppered conical flasks of at least 200 ml capacity.               (ii) Reflux condenser (suitable for liquids of high boiling point), fitting the conical flasks (i).                          3.2. Reagent  Xylene distilling between 137 and 142º C.  Note:  This reagent is highly flammable and has a toxic vapour. Suitable precautions must be taken in its use.                  4. TEST PROCEDURE  Follow the procedure described in the general instructions, then proceed as follows:  To the specimen contained in the conical flask (3.1. (i)), add 100 ml of xylene (3.2) per gram of specimen. Attach the condenser (3.1. (ii)), bring the contents to the boil and maintain at boiling point for three minutes. Immediately decant the hot liquid through the weighed filter crucible (see note 1). Repeat this treatment twice more, each time using a fresh 50 ml portion of solvent.  Wash the residue remaining in the flask successively with 30 ml of boiling xylene (twice), then with 75 ml of light petroleum (I.3.2.1 of general instructions) (twice). After the second wash with light petroleum, filter the contents of the flask through the crucible, transfer any residual fibres to the crucible with the aid of a small quantity of light petroleum and allow the solvent to evaporate. Dry the crucible and residue, cool and weigh them.   Notes:      1. The filter crucible through which the xylene is to be decanted must be pre-heated.           2. After the treatment with boiling xylene, ensure that the flask containing the residue is cooled sufficiently before the light petroleum is introduced.           3. In order to reduce the fire and toxicity hazards to the operator, a hot extraction apparatus using the appropriate procedures, giving identical results, may be used (1).                  5. CALCULATION AND EXPRESSION OF RESULTS  Calculate the results as described in the general instructions. The value of d is 1 700.       6. PRECISION  On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.         METHOD No 15  CHLOROFIBRES (HOMOPOLYMERS OF VINYL CHLORIDE) AND CERTAIN OTHER FIBRES  (Concentrated sulphuric acid method)     1. FIELD OF APPLICATION  This method is applicable, after removal of non-fibrous matter, to binary mixtures of:   1.  chlorofibres (25) based on homopolymers of vinyl chloride (after-chlorinated or not)  with       2. cotton (5), acetate (17), cupro (19), modal (20), triacetate (22), viscose (23), certain acrylics (24), certain modacrylics (27), "polyamide" or "nylon" (28) and polyester (29).  The modacrylics concerned are those which give a limpid solution when immersed in concentrated sulphuric acid (relative density 1 784 at 20º C).  This method can be used in place of Method Nos 8 and 9.   2.  PRINCIPLE  The constituent other than the chlorofibre (i.e. the fibres mentioned under point 2 of paragraph 1) is dissolved out from a known dry mass of the mixture with concentrated suphuric acid (relative density 1 784 at 20º C). The residue, consisting of the chlorofibre, is collected, washed, dried and weighed ; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of the second constituent is obtained by difference.       3. APPARATUS AND REAGENTS (other than those specified in the general instructions)      3.1. Apparatus        (i) Glass-stoppered conical flasks of at least 200 ml capacity.               (ii) Glass rod with flattened end.                  (1) See for example the apparatus described in "Melliand Textilberichte" 56 (1975), pp. 643 to 645.           3.2. Reagents        (i) Sulphuric acid, concentrated (relative density 1 784 at 20º C).               (ii) Sulphuric acid, approximately 50 % (m/m) aqueous solution.  Prepare by adding carefully, while cooling, 400 ml of sulphuric acid (relative density 1 784 at 20º C) to 500 ml of distilled or de-ionized water. After cooling to room temperature, dilute the solution to one litre with water.               (iii) Ammonia, dilute solution.  Dilute 60 ml of concentrated ammonia solution (relative density 0 7880 at 20º C) to one litre with distilled water.                                 4. TEST PROCEDURE  Follow the procedure described in the general instructions, then proceed as follows:  To the specimen contained in the flask (3.1. (i)) add 100 ml of sulphuric acid (3.2. (i)) per gram of specimen.  Allow the contents of the flask to remain at room temperature for 10 minutes and during that time stir the test specimen occasionally by means of the glass rod. If a woven or knitted fabric is being treated, wedge it between the wall of the flask and the glass rod and exert a light pressure in order to separate the material dissolved by the sulphuric acid.  Decant the liquid through the weighed filter crucible. Add to the flask a fresh portion of 100 ml of sulphuric acid (3.2. (i)) and repeat the same operation. Transfer the contents of the flask to the filter crucible and transfer the fibrous residue there with the aid of the glass rod. If necessary, add a little concentrated sulphuric acid (3.2. (i)) to the flask in order to remove any fibres adhering to the wall. Drain the filter crucible with suction ; remove the filtrate by emptying or changing the filter-flask, wash the residue in the crucible successively with 50 % sulphuric acid solution (3.2. (ii)), distilled or de-ionized water (I.3.2.3 of the general instructions, ammonia solution (3.2. (iii)) and finally wash thoroughly with distilled or de-ionized water, draining the crucible with suction after each addition. (Do not apply suction during the washing operation, but only after the liquid has drained off by gravity.)  Dry the crucible and residue, cool and weigh them.       5. CALCULATION AND EXPRESSION OF RESULTS  Calculate the results as described in the general instructions. The value of d is 1 700.       6. PRECISION  On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.