# Official Journal L 231/2009

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2009.231.eng |
| --- | --- |
| Official Journal
  of the European Union | L 231 |
| | |
| English edition | Legislation | Volume 523 September 2009 |

ISSN 1725-2555

doi:10.3000/17252555.L_2009.231.eng

Official Journal

of the European Union

L 231

English edition

Legislation

Volume 523 September 2009

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 799/2009 of 2 September 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 800/2009 of 2 September 2009 on the issue of licences for the import of garlic in the subperiod from 1 December 2009 to 28 February 2010 | 3 |
| | * | Commission Regulation (EC) No 801/2009 of 2 September 2009 establishing a prohibition of fishing for blue whiting in EC and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV by vessels flying the flag of the United Kingdom | 5 |
| | | Commission Regulation (EC) No 802/2009 of 2 September 2009 establishing that certain limits for issuing import licences for sugar products under tariff quotas and preferential agreements are no longer reached | 7 |
| | | DIRECTIVES |
| | * | Directive 2009/78/EC of the European Parliament and of the Council of 13 July 2009 on stands for two-wheel motor vehicles (
  1
  ) | 8 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

Commission Regulation (EC) No 799/2009 of 2 September 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 800/2009 of 2 September 2009 on the issue of licences for the import of garlic in the subperiod from 1 December 2009 to 28 February 2010

3

*

Commission Regulation (EC) No 801/2009 of 2 September 2009 establishing a prohibition of fishing for blue whiting in EC and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV by vessels flying the flag of the United Kingdom

5

Commission Regulation (EC) No 802/2009 of 2 September 2009 establishing that certain limits for issuing import licences for sugar products under tariff quotas and preferential agreements are no longer reached

7

DIRECTIVES

*

Directive 2009/78/EC of the European Parliament and of the Council of 13 July 2009 on stands for two-wheel motor vehicles (
  1
  )

1

8

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2009/685/EC |
| | * | Commission Decision of 2 September 2009 correcting Directive 2002/48/EC amending Council Directive 91/414/EEC to include iprovalicarb, prosulfuron and sulfosulfuron as active substances
  (notified under document C(2009) 6612)

   (
  1
  ) | 21 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

2009/685/EC

*

Commission Decision of 2 September 2009 correcting Directive 2002/48/EC amending Council Directive 91/414/EEC to include iprovalicarb, prosulfuron and sulfosulfuron as active substances
  (notified under document C(2009) 6612)

   (
  1
  )

(notified under document C(2009) 6612)

1

21

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

| 3.9.2009 | EN | Official Journal of the European Union | L 231/1 |
| --- | --- | --- | --- |

3.9.2009

EN

Official Journal of the European Union

L 231/1

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COMMISSION REGULATION (EC) No 799/2009

of 2 September 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 3 September 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 September 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 37,2 |
| XS | 37,6 |
| ZZ | 37,4 |
| 0707 00 05 | MK | 21,7 |
| TR | 98,0 |
| ZZ | 59,9 |
| 0709 90 70 | TR | 107,3 |
| ZZ | 107,3 |
| 0805 50 10 | AR | 85,0 |
| BR | 122,7 |
| UY | 83,7 |
| ZA | 76,8 |
| ZZ | 92,1 |
| 0806 10 10 | EG | 164,7 |
| TR | 97,4 |
| ZZ | 131,1 |
| 0808 10 80 | AR | 124,5 |
| BR | 61,1 |
| CL | 91,2 |
| NZ | 80,7 |
| ZA | 74,7 |
| ZZ | 86,4 |
| 0808 20 50 | AR | 145,7 |
| TR | 112,1 |
| ZA | 90,8 |
| ZZ | 116,2 |
| 0809 30 | TR | 116,7 |
| ZZ | 116,7 |
| 0809 40 05 | IL | 121,1 |
| TR | 103,2 |
| ZZ | 112,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

37,2

XS

37,6

ZZ

37,4

0707 00 05

MK

21,7

TR

98,0

ZZ

59,9

0709 90 70

TR

107,3

ZZ

107,3

0805 50 10

AR

85,0

BR

122,7

UY

83,7

ZA

76,8

ZZ

92,1

0806 10 10

EG

164,7

TR

97,4

ZZ

131,1

0808 10 80

AR

124,5

BR

61,1

CL

91,2

NZ

80,7

ZA

74,7

ZZ

86,4

0808 20 50

AR

145,7

TR

112,1

ZA

90,8

ZZ

116,2

0809 30

TR

116,7

ZZ

116,7

0809 40 05

IL

121,1

TR

103,2

ZZ

112,2

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---

| 3.9.2009 | EN | Official Journal of the European Union | L 231/3 |
| --- | --- | --- | --- |

3.9.2009

EN

Official Journal of the European Union

L 231/3

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COMMISSION REGULATION (EC) No 800/2009

of 2 September 2009

on the issue of licences for the import of garlic in the subperiod from 1 December 2009 to 28 February 2010

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries. |
| --- | --- |

(1)

Commission Regulation (EC) No 341/2007 (3) opens and provides for the administration of tariff quotas and introduces a system of import licences and certificates of origin for garlic and other agricultural products imported from third countries.

| (2) | The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first five working days following the 15th day of August 2009, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China and all third countries other than China. |
| --- | --- |

(2)

The quantities for which ‘A’ licence applications have been lodged by traditional importers and by new importers during the first five working days following the 15th day of August 2009, pursuant to Article 10(1) of Regulation (EC) No 341/2007 exceed the quantities available for products originating in China and all third countries other than China.

| (3) | Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by the end of August 2009 can be met in accordance with Article 12 of Regulation (EC) No 341/2007, |
| --- | --- |

(3)

Therefore, in accordance with Article 7(2) of Regulation (EC) No 1301/2006, it is now necessary to establish the extent to which the ‘A’ licence applications sent to the Commission by the end of August 2009 can be met in accordance with Article 12 of Regulation (EC) No 341/2007,

HAS ADOPTED THIS REGULATION:

Article 1

Applications for ‘A’ import licences lodged pursuant to Article 10(1) of Regulation (EC) No 341/2007 during the first five working days following the 15th day of August 2009 and sent to the Commission by the end of August 2009 shall be met at a percentage rate of the quantities applied for as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 September 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 238, 1.9.2006, p. 13.

2

(3)  
  OJ L 90, 30.3.2007, p. 12.

3

---

ANNEX

| Origin | Order number | Allocation coefficient |
| --- | --- | --- |
| Argentina |
| — | Traditional importers |

Origin

Order number

Allocation coefficient

Argentina

—

Traditional importers

09.4104

62,797868  %

| — | New importers |
| --- | --- |

—

New importers

09.4099

0,998056  %

China

| — | Traditional importers |
| --- | --- |

—

Traditional importers

09.4105

17,869585  %

| — | New importers |
| --- | --- |

—

New importers

09.4100

0,410376  %

Other third countries

| — | Traditional importers |
| --- | --- |

—

Traditional importers

09.4106

100  %

| — | New importers |
| --- | --- |

—

New importers

09.4102

4,787721  %

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| 3.9.2009 | EN | Official Journal of the European Union | L 231/5 |
| --- | --- | --- | --- |

3.9.2009

EN

Official Journal of the European Union

L 231/5

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COMMISSION REGULATION (EC) No 801/2009

of 2 September 2009

establishing a prohibition of fishing for blue whiting in EC and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV by vessels flying the flag of the United Kingdom

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2009. |
| --- | --- |

(1)

Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2009.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2009. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2009.

| (3) | It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2009 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 September 2009

For the Commission

Fokion FOTIADIS

Director-General for Maritime Affairs and Fisheries

---

(1)  
  OJ L 358, 31.12.2002, p. 59.

1

(2)  
  OJ L 261, 20.10.1993, p. 1.

2

(3)  
  OJ L 22, 26.1.2009, p. 1.

3

---

ANNEX

| No | 11/T&Q |
| --- | --- |
| Member State | United Kingdom/GBR |
| Stock | (WHB/1X14) |
| Species | Blue whiting (Micromesistius poutassou) |
| Zone | EC and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV |
| Date | 12 July 2009 |

No

11/T&Q

Member State

United Kingdom/GBR

Stock

(WHB/1X14)

Species

Blue whiting (Micromesistius poutassou)

Zone

EC and international waters of I, II, III, IV, V, VI, VII, VIIIa, VIIIb, VIIId, VIIIe, XII and XIV

Date

12 July 2009

---

| 3.9.2009 | EN | Official Journal of the European Union | L 231/7 |
| --- | --- | --- | --- |

3.9.2009

EN

Official Journal of the European Union

L 231/7

---

COMMISSION REGULATION (EC) No 802/2009

of 2 September 2009

establishing that certain limits for issuing import licences for sugar products under tariff quotas and preferential agreements are no longer reached

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/07, 2007/08 and 2008/09 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements (2), and in particular Article 5(4) thereof,

Whereas:

| (1) | The records referred to in Article 5(2) of Regulation (EC) No 950/2006 show that quantities of sugar are still available for the obligations laid down under Article 12 of Regulation (EC) No 950/2006 bearing the order number 09.4337 (July-September 2009). |
| --- | --- |

(1)

The records referred to in Article 5(2) of Regulation (EC) No 950/2006 show that quantities of sugar are still available for the obligations laid down under Article 12 of Regulation (EC) No 950/2006 bearing the order number 09.4337 (July-September 2009).

| (2) | Under these circumstances, the Commission must indicate that the limits concerned are no longer reached, |
| --- | --- |

(2)

Under these circumstances, the Commission must indicate that the limits concerned are no longer reached,

HAS ADOPTED THIS REGULATION:

Article 1

The limits for the obligations laid down under Article 12 of Regulation (EC) No 950/2006 bearing the order number 09.4337 (July-September 2009) are no longer reached.

Article 2

This Regulation shall enter into force on 3 September 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 September 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 178, 1.7.2006, p. 1.

2

---

DIRECTIVES

| 3.9.2009 | EN | Official Journal of the European Union | L 231/8 |
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3.9.2009

EN

Official Journal of the European Union

L 231/8

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DIRECTIVE 2009/78/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 July 2009

on stands for two-wheel motor vehicles

(codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Council Directive 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehicles (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified. |
| --- | --- |

(1)

Council Directive 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehicles (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified.

| (2) | Directive 93/31/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles as replaced by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (5) and lays down technical prescriptions concerning the design and construction of two-wheel motor vehicles as regards their stands. These technical prescriptions concern the approximation of the laws of the Member States to allow for the EC type-approval procedure provided for in Directive 2002/24/EC to be applied in respect of each type of vehicle. Consequently the provisions laid down in Directive 2002/24/EC relating to vehicle systems, components and separate technical units apply to this Directive. |
| --- | --- |

(2)

Directive 93/31/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles as replaced by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (5) and lays down technical prescriptions concerning the design and construction of two-wheel motor vehicles as regards their stands. These technical prescriptions concern the approximation of the laws of the Member States to allow for the EC type-approval procedure provided for in Directive 2002/24/EC to be applied in respect of each type of vehicle. Consequently the provisions laid down in Directive 2002/24/EC relating to vehicle systems, components and separate technical units apply to this Directive.

| (3) | Since the objective of this Directive, namely the granting of EC component type-approval in respect of the stand for a type of two-wheel motor vehicle, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(3)

Since the objective of this Directive, namely the granting of EC component type-approval in respect of the stand for a type of two-wheel motor vehicle, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

| (4) | This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B, |
| --- | --- |

(4)

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

HAVE ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to stands for all types of two-wheel motor vehicles as referred to in Article 1 of Directive 2002/24/EC.

Article 2

The procedure for the granting of EC component type-approval in respect of the stand for a type of two-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Chapters II and III of Directive 2002/24/EC.

Article 3

The amendments necessary to adapt to technical progress the requirements of Annex I shall be adopted in accordance with the procedure referred to in Article 18(2) of Directive 2002/24/EC.

Article 4

1.   Member States may not, on grounds relating to stands:

| — | refuse to grant EC type-approval for a type of two-wheel motor vehicle, or, |
| --- | --- |

—

refuse to grant EC type-approval for a type of two-wheel motor vehicle, or,

| — | prohibit the registration, sale or entry into service of two-wheel motor vehicles, |
| --- | --- |

—

prohibit the registration, sale or entry into service of two-wheel motor vehicles,

if the stands of those vehicles comply with the requirements of this Directive.

2.   Member States shall refuse to grant EC type-approval for any new type of two-wheel motor vehicle on grounds relating to stands if the requirements of this Directive are not fulfilled.

3.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

Directive 93/31/EEC, as amended by the Directive listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.

Article 6

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010.

Article 7

This Directive is addressed to the Member States.

Done at Brussels, 13 July 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

E. ERLANDSSON

---

(1)  
  OJ C 234, 30.9.2003, p. 20.

1

(2)  Opinion of the European Parliament of 25 September 2007 (OJ C 219 E, 28.8.2008, p. 66) and Council Decision of 7 July 2009.

2

(3)  
  OJ L 188, 29.7.1993, p. 19.

3

(4)  See Annex II, Part A.

4

(5)  
  OJ L 124, 9.5.2002, p. 1.

5

---

ANNEX I

1.   DEFINITIONS

For the purposes of this Directive:

| 1.1. | ‘stand’ means a device that is firmly attached to the vehicle and is able to maintain the vehicle in its vertical (or almost vertical) parking position when left unattended by its driver; |
| --- | --- |

1.1.

‘stand’ means a device that is firmly attached to the vehicle and is able to maintain the vehicle in its vertical (or almost vertical) parking position when left unattended by its driver;

| 1.2. | ‘prop stand’ means a stand which, when extended or swung into the open position, supports the vehicle on one side only, while leaving both wheels in contact with the supporting surface; |
| --- | --- |

1.2.

‘prop stand’ means a stand which, when extended or swung into the open position, supports the vehicle on one side only, while leaving both wheels in contact with the supporting surface;

| 1.3. | ‘centre stand’ means a stand which, when swung into the open position, supports the vehicle by providing one or several areas of contact between the vehicle and the supporting surface either side of the median longitudinal plane of the vehicle; |
| --- | --- |

1.3.

‘centre stand’ means a stand which, when swung into the open position, supports the vehicle by providing one or several areas of contact between the vehicle and the supporting surface either side of the median longitudinal plane of the vehicle;

| 1.4. | ‘transverse tilt (tt)’ means the gradient, expressed as a percentage, of the actual supporting surface, the intersection of the median longitudinal plane of the vehicle and the supporting surface being perpendicular to the line of maximum gradient (figure 1); |
| --- | --- |

1.4.

‘transverse tilt (tt)’ means the gradient, expressed as a percentage, of the actual supporting surface, the intersection of the median longitudinal plane of the vehicle and the supporting surface being perpendicular to the line of maximum gradient (figure 1);

| 1.5. | ‘longitudinal tilt (lt)’ means the gradient, expressed as a percentage, of the actual supporting surface, the median longitudinal plane of the vehicle being parallel to the line of maximum gradient (figure 2); |
| --- | --- |

1.5.

‘longitudinal tilt (lt)’ means the gradient, expressed as a percentage, of the actual supporting surface, the median longitudinal plane of the vehicle being parallel to the line of maximum gradient (figure 2);

| 1.6. | ‘median longitudinal plane of the vehicle’ means the longitudinal plane of symmetry of the rear wheel of the vehicle. |
| --- | --- |

1.6.

‘median longitudinal plane of the vehicle’ means the longitudinal plane of symmetry of the rear wheel of the vehicle.

2.   GENERAL REQUIREMENTS

| 2.1. | All two-wheel vehicles shall be fitted with at least one stand in order to keep them steady when stationary (e.g. when parked) but not held in a static position by a person or external means. Twin-wheel vehicles need not be fitted with stands but must meet the requirements set out in point 6.2.2 when in a parking position (parking brake applied). |
| --- | --- |

2.1.

| 2.2. | The stand must be of either a prop or a centre type, or both. |
| --- | --- |

2.2.

| 2.3. | Where the stand swivels about the lower part of or below the vehicle the outer edge(s) of that stand must swing to the rear of the vehicle in order to attain the closed or travelling position. |
| --- | --- |

2.3.

3.   SPECIFIC REQUIREMENTS

3.1.   Prop stands

| 3.1.1. | Prop stands must:






  3.1.1.1. | be able to support the vehicle in such a way as to provide lateral stability whether the vehicle is on a horizontal supporting surface or on a slope in order to prevent its leaning further too easily (and in so doing rotating about the point of support provided by the prop stand) or moving too easily into a vertical position and beyond (and in so doing does not swing over to the side opposite the prop stand); |
| --- | --- | --- |

3.1.1.

3.1.1.1.

be able to support the vehicle in such a way as to provide lateral stability whether the vehicle is on a horizontal supporting surface or on a slope in order to prevent its leaning further too easily (and in so doing rotating about the point of support provided by the prop stand) or moving too easily into a vertical position and beyond (and in so doing does not swing over to the side opposite the prop stand);

| 3.1.1.2. | be able to support the vehicle in such a way as to maintain stability when the vehicle is parked on a slope in accordance with point 6.2.2; |
| --- | --- |

3.1.1.2.

be able to support the vehicle in such a way as to maintain stability when the vehicle is parked on a slope in accordance with point 6.2.2;

| 3.1.1.3. | be able to swing back automatically into the retracted or travelling position:






  3.1.1.3.1. | when the vehicle returns to its normal (vertical) driving position;
  or |
| --- | --- | --- |

3.1.1.3.

be able to swing back automatically into the retracted or travelling position:

3.1.1.3.1.

when the vehicle returns to its normal (vertical) driving position;

or

| 3.1.1.3.2. | when the vehicle moves forward as a result of deliberate action by the driver; |
| --- | --- |

3.1.1.3.2.

when the vehicle moves forward as a result of deliberate action by the driver;

| 3.1.1.4. | notwithstanding the requirements set out in point 3.1.1.3, be designed and constructed in such a way that they do not close automatically if the angle of lean is altered unexpectedly (for example, if the vehicle is pushed lightly by a third party or by a gust of wind arising from the passage of a vehicle):






  3.1.1.4.1. | once in the extended or parking position; |
| --- | --- | --- |

3.1.1.4.

notwithstanding the requirements set out in point 3.1.1.3, be designed and constructed in such a way that they do not close automatically if the angle of lean is altered unexpectedly (for example, if the vehicle is pushed lightly by a third party or by a gust of wind arising from the passage of a vehicle):

3.1.1.4.1.

once in the extended or parking position;

| 3.1.1.4.2. | the vehicle being leaned in order to bring the outer extremity of the prop stand into contact with the ground;
  and |
| --- | --- |

3.1.1.4.2.

the vehicle being leaned in order to bring the outer extremity of the prop stand into contact with the ground;

and

| 3.1.1.4.3. | the vehicle being left unattended in its parking position. |
| --- | --- |

3.1.1.4.3.

the vehicle being left unattended in its parking position.

| 3.1.2. | The requirements set out in point 3.1.1.3 do not apply if the vehicle is designed in such a way that it cannot be propelled by its engine when the prop stand is extended. |
| --- | --- |

3.1.2.

3.2.   Centre stands

| 3.2.1. | Centre stands must:






  3.2.1.1. | be able to support the vehicle with either one or both wheels in contact with the supporting surface or without any of the wheels being in contact with that surface in such a way as to confer stability on that vehicle:






  3.2.1.1.1. | on a horizontal supporting surface; |
| --- | --- | --- | --- |

3.2.1.

3.2.1.1.

be able to support the vehicle with either one or both wheels in contact with the supporting surface or without any of the wheels being in contact with that surface in such a way as to confer stability on that vehicle:

3.2.1.1.1.

on a horizontal supporting surface;

| 3.2.1.1.2. | in a leaning position; |
| --- | --- |

3.2.1.1.2.

in a leaning position;

| 3.2.1.1.3. | on a slope in accordance with point 6.2.2; |
| --- | --- |

3.2.1.1.3.

on a slope in accordance with point 6.2.2;

| 3.2.1.2. | be able to fold backwards automatically into the retracted or travelling position:






  3.2.1.2.1. | when the vehicle moves forward in such a way as to raise the centre stand from the supporting surface. |
| --- | --- | --- |

3.2.1.2.

be able to fold backwards automatically into the retracted or travelling position:

3.2.1.2.1.

when the vehicle moves forward in such a way as to raise the centre stand from the supporting surface.

| 3.2.2. | The requirements set out in point 3.2.1.2 do not apply if the vehicle is designed in such a way that it cannot be propelled by its engine when the centre stand is extended. |
| --- | --- |

3.2.2.

4.   OTHER REQUIREMENTS

| 4.1. | Moreover, vehicles may be fitted with a tell-tale that is clearly visible to the rider when seated in the driving position and which, when the ignition is switched on, lights up and remains so until the stand is in its retracted or travelling position. |
| --- | --- |

4.1.

| 4.2. | All stands shall be provided with a retention system which holds them in the retracted or travelling position. That system may consist of either:






  — | two independent devices such as two separate springs or one spring and one retaining device such as a clip,
  or |
| --- | --- | --- |

4.2.

—

two independent devices such as two separate springs or one spring and one retaining device such as a clip,

or

| — | a single device which must be able to operate without failing for at least,






  — | 10 000 normal-use cycles if the vehicle has been fitted with two stands,
  or |
| --- | --- | --- |

—

a single device which must be able to operate without failing for at least,

—

10 000 normal-use cycles if the vehicle has been fitted with two stands,

or

| — | 15 000 normal-use cycles if the vehicle is fitted with only one stand, |
| --- | --- |

—

15 000 normal-use cycles if the vehicle is fitted with only one stand,

5.   STABILITY TESTS

5.1.   The following tests must be carried out in order to determine the capacity for holding the vehicle in a stable condition as specified in points 3 and 4.

5.2.   State of the vehicle

| 5.2.1. | The vehicle must be submitted at its kerb mass. |
| --- | --- |

5.2.1.

| 5.2.2. | The tyres must be inflated to a pressure recommended by their manufacturer for that state. |
| --- | --- |

5.2.2.

| 5.2.3. | The transmission must be in neutral or, in the case of an automatic transmission, in the ‘parking’ position where such exists. |
| --- | --- |

5.2.3.

| 5.2.4. | If the vehicle is fitted with a parking brake, it must be applied. |
| --- | --- |

5.2.4.

| 5.2.5. | The steering shall be locked in position. If the steering is able to be locked when it is turned to either the left or the right the tests must be carried out in both positions. |
| --- | --- |

5.2.5.

5.3.   Test pad

| 5.3.1. | A flat, horizontal pad having a hard surface that is dry and free from grains of sand may be used for the tests referred to in point 6.1. |
| --- | --- |

5.3.1.

5.4.   Test equipment

| 5.4.1. | A parking platform must be used for the tests referred to in point 6.2. |
| --- | --- |

5.4.1.

| 5.4.2. | The parking platform must have a rigid, flat, rectangular surface which is able to support the vehicle without perceptible flexing. |
| --- | --- |

5.4.2.

| 5.4.3. | The surface of the parking platform must possess sufficient anti-skid properties to prevent the vehicle from sliding across the supporting surface during the tilt or lean tests. |
| --- | --- |

5.4.3.

| 5.4.4. | The parking platform shall be designed in such a way as to be able to assume at least the transverse tilt (tt) and the longitudinal tilt (lt) required by point 6.2.2. |
| --- | --- |

5.4.4.

6.   TEST PROCEDURES

6.1.   Stability on a horizontal supporting surface
  (test for point 3.1.1.4)

| 6.1.1. | With the vehicle on the test pad the prop stand is extended or moved into the parking position and the vehicle is brought to rest upon it. |
| --- | --- |

6.1.1.

| 6.1.2. | The vehicle is moved in order to increase by three degrees the angle formed by the median longitudinal plane and the supporting surface (by moving the vehicle towards the vertical). |
| --- | --- |

6.1.2.

| 6.1.3. | This movement must not cause the prop stand to return automatically to its retracted or travelling position. |
| --- | --- |

6.1.3.

6.2.   Stability on an inclined surface
  (tests associated with points 3.1.1.1, 3.1.1.2, 3.2.1.1.2 and 3.2.1.1.3)

| 6.2.1. | The vehicle is placed on the parking platform with the prop stand and, separately, the centre stand in the extended or parking position and the vehicle is allowed to rest on the stand. |
| --- | --- |

6.2.1.

| 6.2.2. | The parking platform is shifted to its minimum transverse tilt (tt) and then, separately, to its minimum longitudinal tilt (lt) in accordance with the following table:









  Tilt | Prop stand | Centre stand |
| --- | --- | --- | --- |
| Moped | Motorcycle | Moped | Motorcycle |
| tt (left and right) | 5  % | 6  % | 6  % | 8  % |
| Downstream lt | 5  % | 6  % | 6  % | 8  % |
| Upstream lt | 6  % | 8  % | 12  % | 14  % |

6.2.2.

Tilt

Prop stand

Centre stand

Moped

Motorcycle

Moped

Motorcycle

tt (left and right)

5  %

6  %

6  %

8  %

Downstream lt

5  %

6  %

6  %

8  %

Upstream lt

6  %

8  %

12  %

14  %

See figures 1a, 1b and 2.

| 6.2.3. | Where a vehicle on a tilted parking platform rests on the centre stand and just one wheel and may be maintained in that position with the centre stand and either the front or the rear wheel in contact with the supporting surface, the tests described above must be conducted solely with the vehicle resting on the centre stand and rear wheel provided that the other requirements set out in this point are met. |
| --- | --- |

6.2.3.

| 6.2.4. | The vehicle must remain stable when the parking platform is tilted by each of the required amounts and the above requirements have duly been met. |
| --- | --- |

6.2.4.

| 6.2.5. | Alternatively the parking platform may be tilted by the required amounts before the vehicle is moved into position. |
| --- | --- |

6.2.5.

Figure 1a

Transverse tilt

Figure 1b

Transverse tilt

Figure 2

Longitudinal tilt upstream

Longitudinal tilt downstream

Appendix 1

Information document in respect of stands for a type of two-wheel motor vehicle

(to be attached to the application for EC component type-approval where this is submitted separately from the application for EC vehicle type-approval)

Order No (assigned by the applicant): ...

The application for EC component type-approval in respect of stands for a type of two-wheel motor vehicle must contain the information set out under the following points in Annex II to Directive 2002/24/EC:

| — | Part 1, section A, points:






  — | 0.1, |
| --- | --- | --- |

—

Part 1, section A, points:

—

0.1,

| — | 0.2, |
| --- | --- |

—

0.2,

| — | 0.4 to 0.6, |
| --- | --- |

—

0.4 to 0.6,

| — | 2.1, |
| --- | --- |

—

2.1,

| — | 2.1.1, |
| --- | --- |

—

2.1.1,

| — | Part 1, section B, point:






  — | 1.3.1. |
| --- | --- | --- |

—

Part 1, section B, point:

—

1.3.1.

Appendix 2

Image 5

Name of administration

EC Component type-approval certificate in respect of stands for a type of two-wheel motor vehicle

MODEL

Report No ... by technical service ... date ...

EC Component type-approval No: ...

Extension No: ...

1. Trade mark or name of vehicle: ...

2. Type of vehicle: ...

3. Name and address of manufacturer: ...

4. Name and address of manufacturer’s representative (if any): ...

5. Date vehicle submitted for test: ...

6. EC Component type-approval granted/refused (1)

7. Place: ...

8. Date: ...

9. Signature: ...

(1) Delete as appropriate.

---

ANNEX II

PART A

Repealed Directive with its amendment

(referred to in Article 5)

| Council Directive 93/31/EEC | (OJ L 188, 29.7.1993, p. 19). |
| --- | --- |
| Commission Directive 2000/72/EC | (OJ L 300, 29.11.2000, p. 18). |

Council Directive 93/31/EEC

(OJ L 188, 29.7.1993, p. 19).

Commission Directive 2000/72/EC

(OJ L 300, 29.11.2000, p. 18).

PART B

List of time-limits for transposition into national law and application

(referred to in Article 5)

| Directive | Time-limit for transposition | Date of application |
| --- | --- | --- |
| 93/31/EEC | 14 December 1994 | 14 June 1995 (*1) |
| 2000/72/EC | 31 December 2001 | 1 January 2002 (*2) |

Directive

Time-limit for transposition

Date of application

93/31/EEC

14 December 1994

14 June 1995 (*1)

2000/72/EC

31 December 2001

1 January 2002 (*2)

---

(*1)  In conformity with the third subparagraph of Article 4(1) of Directive 93/31/EEC:

‘From the date mentioned in the first subparagraph Member States may not, for reasons connected with the stands, prohibit the initial entry into service of vehicles which conform to this Directive’.

The said date is 14 December 1994; see the first subparagraph of Article 4(1) of Directive 93/31/EEC.

(*2)  In conformity with Article 2 of Directive 2000/72/EC:

*2

‘1.   With effect from 1 January 2002, Member States may not, on grounds relating to stands:

| — | refuse to grant EC type-approval for a type of two-wheel motor vehicle, or, |
| --- | --- |

—

refuse to grant EC type-approval for a type of two-wheel motor vehicle, or,

| — | prohibit the registration, sale or entry into service of two-wheel motor vehicles, |
| --- | --- |

—

prohibit the registration, sale or entry into service of two-wheel motor vehicles,

if the stands of those vehicles comply with the requirements of Directive 93/31/EEC, as amended by this Directive.

2.   With effect from 1 July 2002, Member States shall refuse to grant EC type-approval for any new type of two-wheel motor vehicle on grounds relating to stands if the requirements of Directive 93/31/EEC, as amended by this Directive, are not fulfilled.’.

---

ANNEX III

CORRELATION TABLE

| Directive 93/31/EEC | Directive 2000/72/EC | This Directive |
| --- | --- | --- |
| Articles 1, 2 and 3 | | Articles 1, 2 and 3 |
| Article 4(1) | | — |
| | Article 2(1) | Article 4(1) |
| | Article 2(2) | Article 4(2) |
| Article 4(2) | | Article 4(3) |
| — | | Article 5 |
| — | | Article 6 |
| Article 5 | | Article 7 |
| Annex | | Annex I |
| Appendix 1 | | Appendix 1 |
| Appendix 2 | | Appendix 2 |
| — | | Annex II |
| — | | Annex III |

Directive 93/31/EEC

Directive 2000/72/EC

This Directive

Articles 1, 2 and 3

Articles 1, 2 and 3

Article 4(1)

—

Article 2(1)

Article 4(1)

Article 2(2)

Article 4(2)

Article 4(2)

Article 4(3)

—

Article 5

—

Article 6

Article 5

Article 7

Annex

Annex I

Appendix 1

Appendix 1

Appendix 2

Appendix 2

—

Annex II

—

Annex III

---

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

| 3.9.2009 | EN | Official Journal of the European Union | L 231/21 |
| --- | --- | --- | --- |

3.9.2009

EN

Official Journal of the European Union

L 231/21

---

COMMISSION DECISION

of 2 September 2009

correcting Directive 2002/48/EC amending Council Directive 91/414/EEC to include iprovalicarb, prosulfuron and sulfosulfuron as active substances

(notified under document C(2009) 6612)

(Text with EEA relevance)

(2009/685/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular the second indent of the second subparagraph of Article 6(1) thereof,

Whereas:

| (1) | Commission Directive 2002/48/EC (2) contains errors concerning the period of inclusion of the active substances: iprovalicarb, prosulfuron and sulfosulfuron. Those errors must be corrected. |
| --- | --- |

(1)

Commission Directive 2002/48/EC (2) contains errors concerning the period of inclusion of the active substances: iprovalicarb, prosulfuron and sulfosulfuron. Those errors must be corrected.

| (2) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(2)

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

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Directive 2002/48/EC is corrected as follows:

| 1. | In the entry for iprovalicarb in the sixth column, the words ‘30 June 2011’ are replaced by the words ‘30 June 2012’. |
| --- | --- |

1.

In the entry for iprovalicarb in the sixth column, the words ‘30 June 2011’ are replaced by the words ‘30 June 2012’.

| 2. | In the entry for prosulfuron in the sixth column, the words ‘30 June 2011’ are replaced by the words ‘30 June 2012’. |
| --- | --- |

2.

In the entry for prosulfuron in the sixth column, the words ‘30 June 2011’ are replaced by the words ‘30 June 2012’.

| 3. | In the entry for sulfosulfuron in the sixth column, the words ‘30 June 2011’ are replaced by the words ‘30 June 2012’. |
| --- | --- |

3.

In the entry for sulfosulfuron in the sixth column, the words ‘30 June 2011’ are replaced by the words ‘30 June 2012’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 2 September 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 230, 19.8.1991, p. 1.

1

(2)  
  OJ L 148, 6.6.2002, p. 19.

2

---