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32002L0040

Commission Directive 2002/40/EC of 8 May 2002 implementing Council Directive 92/75/EEC with regard to energy labelling of household electric ovens (Text with EEA relevance)

Official Journal L 128 , 15/05/2002 P. 0045 - 0056

Commission Directive 2002/40/ECof 8 May 2002implementing Council Directive 92/75/EEC with regard to energy labelling of household electric ovens(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources of household appliances(1), and in particular Article 9 thereof,Whereas:(1) Directive 92/75/EEC requires the Commission to adopt implementing Directives in respect of various household appliances including electric ovens.(2) Electricity use by electric ovens accounts for a significant part of total Community household energy demand. The scope for a reduction of energy use by these appliances is substantial.(3) Harmonised standards are technical specifications adopted by the European standardisation bodies, as listed in Annex I to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services(2), as amended by Directive 98/48/EC(3).(4) Information concerning noise emissions should be given where required by Member States pursuant to Council Directive 86/594/EEC of 1 December 1986 on airborne noise emitted by household appliances(4).(5) Council Directive 79/531/EEC of 14 May 1979 applying to electric ovens Directive 79/530/EEC on the indication by labelling of the energy consumption of household appliances(5), as last amended by the Act of Accession of Austria, Finland and Sweden, should be repealed as from the date on which this Directive becomes applicable.(6) The measures provided for in this Directive are in accordance with the opinion of the committee set up under Article 10 of Directive 92/75/EEC,HAS ADOPTED THIS DIRECTIVE:Article 11. This Directive shall apply to electric mains operated household electric ovens including ovens being part of larger appliances.2. This Directive shall not apply to the following ovens:(a) ovens that can also use other energy sources;(b) ovens which do not fall within the scope of the harmonised standards referred to in Article 2;(c) portable ovens, being appliances other than fixed appliances, having a mass of less than 18 kg, provided they are not designed for built-in installations.3. The energy consumption of the steam functions, other than the hot steam function, are not covered by this Directive.Article 21. The information required by this Directive shall be obtained by means of measurements made in accordance with harmonised standards adopted by the European Committee for Electrotechnical Standardisation (Cenelec) under mandate from the Commission in accordance with Directive 98/34/EC, the reference numbers of which have been published in the Official Journal of the European Communities and for which Member States have published the reference numbers of the national standards transposing those harmonised standards.The provisions of Annexes I, II and III to this Directive requiring the giving of information relating to noise shall apply only where that information is required by Member States under Article 3 of Directive 86/594/EEC. This information shall be measured in accordance with that Directive.2. In this Directive expressions used have the same meaning as in Directive 92/75/EEC.Article 31. The technical documentation referred to in Article 2(3) of Directive 92/75/EEC shall include:(a) the name and address of the supplier;(b) a general description of the model, sufficient for it to be unequivocally and easily identified;(c) information, including drawings as relevant, on the main design features of the model and in particular items which appreciably affect its energy consumption;(d) reports of relevant measurement tests carried out under the test procedures of the harmonised standards referred to in Article 2(1);(e) operating instructions, if any.2. The label referred to in Article 2(1) of Directive 92/75/EEC shall be as specified in Annex I to this Directive.The label shall be placed on the door of the appliance, in such a way as to be clearly visible and not obscured. For multi-cavity ovens, each cavity shall have its own label, except a cavity which does not fall within the scope of the harmonised standards referred to in Article 2.3. The content and format of the fiche referred to in Article 2(1) of Directive 92/75/EEC shall be as specified in Annex II to this Directive.4. Where the appliances are offered for sale, hire, or hire purchase by way of a printed or written communication or by other means whereby the potential customer cannot be expected to see the appliance displayed, such as a written offer, a mail order catalogue, advertisements on the Internet or other electronic media, that communication shall include all the information specified in Annex III.This requirement shall also apply in respect of offers for built-in ovens for integrated kitchens.5. The energy efficiency class of each cavity of an oven shall be determined in accordance with Annex IV.6. The appropriate terms to be used on the label and the fiche as referred to in Article 2(1) of Directive 92/75/EEC shall be selected from the table set out in Annex V to this Directive.Article 4Member States shall permit, until 30 June 2003, the placing on the market, the marketing and/or the display of products and the distribution of communications referred to in Article 3(4) which do not conform to this Directive.Article 51. Member States shall adopt and publish, by 31 December 2002, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions with effect from 1 January 2003.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.Article 6Directive 79/531/EEC is repealed with effect from 1 January 2003.Article 7This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 8This Directive is addressed to the Member States.Done at Brussels, 8 May 2002.For the CommissionLoyola De PalacioVice-President(1) OJ L 297, 13.10.1992, p. 16.(2) OJ L 204, 21.7.1998, p. 37.(3) OJ L 217, 5.8.1998, p. 18.(4) OJ L 344, 6.12.1986, p. 24.(5) OJ L 145, 13.6.1979, p. 7.ANNEX ILABELLabel design1. The label shall be the relevant language version chosen from the following illustrations:>PIC FILE= "L_2002128EN.004801.TIF">2. The following notes define the information to be included:NoteI. Supplier's name or trade mark.II. Supplier's model identifier.III. The energy efficiency class of the cavity(ies) of the model determined in accordance with Annex IV. The head of the arrow containing the indicator letter shall be placed at the same level as the head of the relevant class arrow.The height of the arrow containing the indicator letter shall not be less than - and not more than twice - the height of the classes arrows.IV. Without prejudice to any requirements under the Community eco-label scheme, where a model has been granted a "European Union eco-label" under Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), a copy of the eco-label may be added here.V. Energy consumption in kWh for the heating function(s) (conventional and/or the forced air convection) (of appliances) based on standard load determined in accordance with the test procedures of the harmonised standards referred to in Article 2.VI. Usable volume of the cavity in litres, determined in accordance with the harmonised standards referred to in Article 2.VII. The size of appliance determined as follows:>TABLE>This indicator arrow shall be placed at the same level as the relevant size.VIII. Where applicable, noise measured during the function determining the energy efficiency, determined in accordance with Directive 86/594/EEC(2).NB:The equivalent terms in other languages to those given above are set out in Annex V.Printing3. The following defines certain aspects of the label:Colours used:CMYK - cyan, magenta, yellow, black.Ex. 07X0: 0 % cyan, 70 % magenta, 100 % yellow, 0 % black.ArrowsA X0X0B 70X0C 30X0D 00X0E 03X0F 07X0G 0XX0Outline colour: X070The background colour of the energy efficiency class indicator arrow is black.All text is in black. The background is white.>PIC FILE= "L_2002128EN.005001.TIF">(1) OJ L 237, 21.9.2000, p. 1.(2) The relevant standards are EN 60704 -2-10 (noise measurement) and EN 60704-3 (verification).ANNEX IIFICHEThe fiche shall contain the following information. The information may be given in the form of a table covering a number of models supplied by the same supplier, in which case it shall be given in the order specified, or given close to the description of the appliance:1. supplier's trade mark;2. supplier's model identifier;3. the energy efficiency class of the cavity(ies) of the model determined in accordance with Annex IV. Expressed as "Energy efficiency class on a scale of A (more efficient) to G (less efficient)". Where this information is provided in a table this may be expressed by other means provided it is clear that the scale is from A (more efficient) to G (less efficient). The indication of the heating function in which the energy efficiency class is determined;4. where the information is provided in a table, and where some of the appliances listed in the table have been granted a "European Union eco-label" under Regulation (EC) No 1980/2000, this information may be included here. In this case the row heading shall state "European Union eco-label", and the entry shall consist of a copy of the eco-label mark. This provision is without prejudice to any requirements under the Community eco-label scheme;5. energy consumption in kWh for the heating function(s), (conventional and/or forced air convection and/or hot steam) (of appliances) based on standard load determined in accordance with the test procedures of the harmonised standards referred to in Article 2;6. usable volume of the cavity in litres, determined in accordance with the harmonised standards referred to in Article 2;7.>TABLE>This indicator arrow shall be placed at the same level as the relevant size;8. time taken to "cook" standard load determined in accordance with the test procedures of the harmonised standards referred to in Article 2;9. where applicable, noise measured during the function determining the energy efficiency, determined in accordance with Directive 86/594/EEC(1);10. the declaration of the power consumption when no heating function is performed and the oven is in the lowest power consuming mode as soon as a suitable harmonised standard for stand-by-losses becomes available;11. the area of the largest baking sheet expressed in cm2 and determined as "surface area" according to the harmonised standard referred to in Article 2.If a copy of the label, either in colour or black and white is included in the fiche, then only the further information needs to be added.NB:The equivalent terms in other languages to those given above are set out in Annex V.(1) The relevant standards are EN 60704-2-10 (noise measurement) and EN 60704-3 (verification).ANNEX IIIMAIL ORDER AND OTHER DISTANCE SELLINGMail order catalogues, communications, written offers, advertisements on the Internet or on other electronic media referred to in Article 3(4), including offers for built-in ovens for integrated kitchens, shall contain the following information, given in the order specified:>TABLE>Where other information contained in the fiche is provided, it shall be in the form defined in Annex II and shall be included in the above table in the order required for the fiche.NB:The equivalent terms in other languages to those given above are set out in Annex V.ANNEX IVENERGY EFFICIENCY CLASSThe energy efficiency class of a cavity shall be determined as follows:Table 1 - Small volume cavities>TABLE>Table 2 - Medium volume cavities>TABLE>Table 3 - Large volume cavities>TABLE>ANNEX VTERMS TO BE USED IN LABEL AND FICHE>TABLE>


title: Commission Directive 2010/81/EU of 25 November 2010 amending Council Directive 91/414/EEC as regards an extension of the use of the active substance 2-phenylphenol Text with EEA relevance

text:
               26.11.2010

               EN

               Official Journal of the European Union

               L 310/11

         COMMISSION DIRECTIVE 2010/81/EU
   of 25 November 2010
   amending Council Directive 91/414/EEC as regards an extension of the use of the active substance 2-phenylphenol
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               By Commission Directive 2009/160/EU (2) 2-phenylphenol was included as active substance in Annex I to Directive 91/414/CEE, with the specific provision that Member States may only authorise indoor uses as a post-harvest fungicide in closed drench chambers.

               (2)

               On 18 June 2010 the notifier submitted information on other application techniques, such as wax treatment, dipping treatment and foam curtain treatment, in order to remove the restriction to closed drench chambers.

               (3)

               Spain, which had been designated rapporteur Member State by Commission Regulation (EC) No 2229/2004 (3), evaluated the additional information and submitted to the Commission on 30 July 2010 an addendum to the draft assessment report on 2-phenylphenol, which was circulated for comments to the other Member States and to the European Food Safety Authority (EFSA). In the comments received no major concerns were raised and the other Member States and EFSA did not raise any point which would exclude the extension of the use. The draft assessment report together with that addendum was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 28 October 2010 in the format of the Commission review report for 2-phenylphenol.

               (4)

               The new information on the application techniques submitted by the notifier and the new assessment carried out by the rapporteur Member State indicate that plant protection products containing 2-phenylphenol may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the indoor uses as a post-harvest fungicide which were examined and detailed in the Commission review report. Consequently, it is no longer necessary to restrict the use of 2-phenylphenol to closed drench chambers, as laid down in Directive 91/414/EEC as amended by Directive 2009/160/EU.

               (5)

               Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that the notifier submit further information to confirm the residue levels occurring as a result of application techniques other than those in drench chambers.

               (6)

               Furthermore, it is also appropriate to require Member States to pay particular attention to the protection of operators and workers and ensure that conditions of use prescribe the application of adequate personal protective equipment.

               (7)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (8)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 31 December 2010 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 January 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 25 November 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 230, 19.8.1991, p. 1.

      (2)  OJ L 338, 19.12.2009, p. 83.

      (3)  OJ L 379, 24.12.2004, p. 13.

      ANNEX
      In Annex I to Directive 91/414/EEC, row 305 is replaced by the following:

                     No

                     Common Name, Identification Numbers

                     IUPAC Name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘305

                     2-Phenylphenol (including its salts such as the sodium salt)
                     CAS No 90-43-7
                     CIPAC No 246

                        biphenyl-2-ol

                     ≥ 998 g/kg

                     1 January 2010

                     31 December 2019

                     PART A
                     Only uses as a post-harvest fungicide for indoor use may be authorised.
                     PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on 2-phenylphenol, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 27 November 2009, as amended in the Standing Committee on the Food Chain and Animal Health on 28 October 2010, shall be taken into account.
                     In this overall assessment Member States must pay particular attention:

                                 —

                                 to the protection of operators and workers and ensure that conditions of use prescribe the application of adequate personal protective equipment,

                                 —

                                 to put in place appropriate waste management practices to handle the waste solution remaining after application, including the cleaning water of the drenching and other application systems. Member States permitting the release of wastewater into the sewage system, shall ensure that a local risk assessment is carried out.

                           The Member States concerned shall ensure that the notifier submits to the Commission:

                                 —

                                 further information on the potential for skin depigmentation for workers and consumers due to possible exposure to the metabolite 2-phenylhydroquinone (PHQ) on citrus peel,

                                 —

                                 further information to confirm that the analytical method applied in residue trials correctly quantifies the residues of 2-phenylphenol, PHQ and their conjugates.

                           They shall ensure that the notifier provides such information to the Commission by 31 December 2011.
                     Furthermore, the Member States concerned shall ensure that the notifier submits to the Commission further information to confirm the residue levels occurring as a result of application techniques other than those in drench chambers.
                     They shall ensure that the notifier provides such information to the Commission by 31 December 2012.’

         (1)  Further details on identity and specification of active substance are provided in the review report.


Avis juridique important

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31991L0687

Council Directive 91/687/EEC of 11 December 1991 amending Directives 64/432/EEC, 72/461/EEC and 80/215/EEC as regards certain measures relating to swinefever

Official Journal L 377 , 31/12/1991 P. 0016 - 0017 Finnish special edition: Chapter 3 Volume 40 P. 0042  Swedish special edition: Chapter 3 Volume 40 P. 0042

COUNCIL DIRECTIVE of 11 December 1991 amending Directives 64/432/EEC, 72/461/EEC and 80/215/EEC as  regards certain measures relating to swine-fever (91/687/EEC)THE COUNCIL OF THE  EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  43 thereof, Having regard to the proposal from the Comission (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 Decision 64/432/EEC of 26 June 1964 on animal health problems affecting  intra-Community trade in bovine animals and swine (4), as last amended by Directive 91/499/EEC (5),  defines in particular the conditions which must be statisfied, as regards swine-fever, by live pigs  intended for intra-Community trade; Whereas Council Directive 72/461/EEC of 12 December 1972 on health problems affecting  intra-Community trade in fresh meat (6), as last amended by Directive 91/266/EEC (7), defines the  conditions which must be satisfied as regards classical swine-fever by fresh pigmeat intended for  intra-Community trade; Whereas Council Directive 80/215/EEC of 22 January 1980 on animal health problems affecting  intra-Community trade in meat products (8), as last amended by Directive 89/662/EEC (9), defines in  particular the conditions which must be satisfied as regards classical swine-fever for meat  products intended for intra-Community trade;      Whereas the measures applied to eradicate classical swine-fever have gradually improved the  health status of the pig population in the territory of the Community; Whereas one of the given objectives, namely to keep the territory of the Community free from  classical swine-fever, has been attained in large areas and it is necessary to take this situation  into account and consequently to amend Directives 64/432/EEC, 72/461/EEC and 80/215/EEC; Whereas, in this context, it is appropriate not to extend the type of guarantees laid down in  Article 4b of Directive 64/432/EEC and in Article 13a of Directive 72/461/EEC, and to discontinue  the measures laid down in Article 10 of Directive 80/215/EEC, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 64/432/EEC is hereby amended as follows: (1) in Article 2: (a) the words 'swine-fever` in point (j) of (ii) shall be deleted; (b) points (p), (q) and (r) shall be deleted; (2) in Article 3: (a) the words 'swine-fever` in the introductory words of paragraph 2 (b) shall be deleted; (b) the words 'swine-fever` in paragraph 2 (b) (i) shall be deleted; (c) paragraph 2 (b) (ii) shall be deleted; (d) the words 'swine-fever` in paragraph 2 (c) (ii) shall be deleted; (e) the first sentence of paragraph 4 shall be replaced by the following: '4. Swine for breeding and production must, moreover, come from brucellosis-free stock.`; (3) in Article 4b, '31 December 1991` shall be replaced by '1 July 1992`; (4) with effect from 1 July 1992, Article 4b shall be replaced by the following: 'Article 4b In addition to the measures provided for in this Directive concerning classical swine-fever, each  Member State shall ensure that pigs sent from its territory to that of another Member State shall  not come from a holding or an area which is subject to restrictions for classical swine-fever in  conformity with Council Decision 80/217/EEC of 22 January 1980 introducing Community measures for  the control of classical swine-fever (*). (*) OJ N° L 47, 21. 2. 1980, p. 11.`; (5) in Annex F, Form III, V, point (c) shall be deleted. Points '(d), (e), (f), and (g)` shall  become '(c), (d), (e) and (f)`. Article 2 Directive 72/461/EEC is hereby amended as follows: (1) in the first subparagraph of Article 13 a (3), '31 December 1991` shall be replaced by '1 July  1992`; (2) in Article 3, the following point shall be added: '(e) The meat shall not be subject of animal health restrictive measures pursuant to the provisions  of Council Directive 80/217/EEC of 22 January 1980 introducing Community measures for the control  of classical swine-fever (*). (*) OJ N° L 47, 21. 2. 1980, p. 11.` Article 3 Article 10 of Directive 80/215/EEC shall be deleted. Article 4 Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with Article 1 (3) and Article 2 (1) of this Directive not later  than 1 January 1992 and, as regards compliance with the remaining provisions thereof, not later  than 1 July 1992. They shall forthwith inform the Commission thereof. When these measures are adopted by the Member States, they shall contain a reference to this  Directive or shall be accompanied by such reference at the time of their official publication. The  procedure for such reference shall be adopted by Member States. Article 5 This Directive is addressed to the Member States. Done at Brussels, 11 December 1991. For the CouncilThe PresidentP. BUKMAN    (1)OJ N° C 226, 3. 8. 1991, p. 20.  (2)OJ N° C 326, 16. 12. 1991.  (3)Opinion delivered on 28 November 1991 (not yet published in the Official Journal).  (4)OJ N° 121, 29. 7. 1964, p. 1977/64.  (5)OJ N° L 268, 24. 9. 1991, p. 107.  (6)OJ N° L 302, 31. 12. 1972, p. 28.  (7)OJ N° L 134, 29. 5. 1991, p. 45.  (8)OJ N° L 47, 21. 2. 1980, p. 4.  (9)OJ N° L 395, 30. 12. 1989, p. 13.