ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 273/12

COMMISSION DIRECTIVE 2009/131/EC

of 16 October 2009

amending Annex VII to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 27(4) thereof,

Having regard to the Agency’s recommendation No ERA/REC/XA/01-2009 of 17 April 2009,

Whereas:

(1) Article 9b(2) of Regulation (EC) No 881/2004 of the European Parliament and of the Council (2) requires the European Railway Agency (hereinafter ‘the Agency’) to review, by 19 January 2009, the list of parameters in Section 1 of Annex VII to Directive 2008/57/EC and to make the recommendations it considers appropriate to the Commission.

(2) As the current Section 1 of Annex VII of Directive 2008/57/EC contains items that are not parameters of vehicles, such items should be removed.

(3) Section 1 of the said Annex also contains parameters that primarily relate only to the rolling stock subsystem part of a vehicle. It is necessary for all the parameters of a vehicle that are to be checked in connection with the authorisation for placing in service and the classification of national rules to be covered by the list of parameters. Therefore parameters of other subsystems that are part of the vehicle should be included.

(4) Directive 2008/57/EC should therefore be amended accordingly.

(5) The measures provided for in this Directive are in accordance with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Section 1 of Annex VII to Directive 2008/57/EC is replaced by the text set out in the Annex to this Directive.

Article 2

Member States shall bring into force the laws, regulations and administrative provisions needed to comply with this Directive by 19 July 2010. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 16 October 2009. For the Commission Antonio TAJANI Vice-President

(1) OJ L 191, 18.7.2008, p. 1.

(2) OJ L 164, 30.4.2004, p. 1.
EN Official Journal of the European Union L 263/15

Corrigendum to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)

( Official Journal of the European Union L 95 of 15 April 2010 )

On page 17, Article 14(3):

for:

‘…, that broadcasters under their jurisdiction do not exercise the exclusive rights purchased by those broadcasters after 18 December 2007 in such a way …’,

read:

‘…, that broadcasters under their jurisdiction do not exercise the exclusive rights purchased by those broadcasters after 30 July 1997 in such a way …’.
EN Official Journal of the European Union L 113/58

Corrigendum to Commission Directive 2010/17/EU of 9 March 2010 amending Council Directive 91/414/EEC to include malathion as active substance

( Official Journal of the European Union L 60 of 10 March 2010 )

On page 19, in the Annex, in the column ‘Expiration of inclusion’, the following date is added:
1.

Article 2 is replaced by the following: ‘Article 2 1. The overall excise duty (specific duty and ad valorem duty excluding VAT) on cigarettes shall represent at least 57 % of the weighted average retail selling price of cigarettes released for consumption. That excise duty shall not be less than EUR 64 per 1 000 cigarettes irrespective of the weighted average retail selling price. However, Member States which levy an excise duty of at least EUR 101 per 1 000 cigarettes on the basis of the weighted average retail selling price need not comply with the 57 % requirement set out in the first subparagraph. 2. From 1 January 2014, the overall excise duty on cigarettes shall represent at least 60 % of the weighted average retail selling price of cigarettes released for consumption. That excise duty shall not be less than EUR 90 per 1 000 cigarettes irrespective of the weighted average retail selling price. However, Member States which levy an excise duty of at least EUR 115 per 1 000 cigarettes on the basis of the weighted average retail selling price need not comply with the 60 % requirement set out in the first subparagraph. Bulgaria, Estonia, Greece, Latvia, Lithuania, Hungary, Poland and Romania shall be allowed a transitional period until 31 December 2017 in order to reach the requirements laid down in the first and second subparagraphs. 3. The weighted average retail selling price shall be calculated by reference to the total value of all cigarettes released for consumption, based on the retail selling price including all taxes, divided by the total quantity of cigarettes released for consumption. It shall be determined by 1 March at the latest of each year on the basis of data relating to all such releases for consumption made in the preceding calendar year. 4. Member States shall gradually increase excise duties in order to reach the requirements referred to in paragraph 2 on the dates set therein. 5. The Commission shall publish once a year the value of the euro in national currencies to be applied to the amounts of the overall excise duty. The exchange rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Union. They shall apply from 1 January of the following calendar year. 6. Member States may maintain the amounts of the excise duties in force at the time of the annual adjustment provided for in paragraph 5 if the conversion of the amounts of the excise duties expressed in EUR would result in an increase of less than 5 % or less than EUR 5, whichever is the lower amount, in the excise duty expressed in national currency.’;
EN Official Journal of the European Union L 283/27

COMMISSION DIRECTIVE 2010/70/EU

of 28 October 2010

amending Council Directive 91/414/EEC as regards the expiry date for inclusion in Annex I of the active substance carbendazim

(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 the second indent of the second subparagraph of Article 6(1) thereof,

Whereas:

(1) By Commission Directive 2006/135/EC (2) carbendazim was included as an active substance in Annex I to Directive 91/414/EEC. That inclusion expires on 31 December 2010.

(2) On request the inclusion of an active substance may be renewed for a period not exceeding ten years. On 6 August 2007 the Commission received such a request from the notifier regarding the renewal of the inclusion for this substance.

(3) On 10 January 2008 the notifier submitted a technical dossier to the rapporteur Member State Germany in support of its request. Germany delivered its draft reassessment report on 27 July 2009. The European Food Safety Authority then performed a peer review which was finalised on 30 April 2010.

(4) Since it is impossible to complete the renewal procedure before the date when the inclusion of carbendazim will expire and since the request for renewal was made in sufficient time, in accordance with Article 5(5) of Directive 91/414/EEC a renewal should be granted for the period necessary to complete that procedure.

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

(6) 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

In Annex I to Directive 91/414/EEC, in row No 149 (carbendazim (unstated stereochemistry) CAS No 10605-21-7 CIPAC No 263), in the sixth column (expiration of inclusion), the words ‘31 December 2010’ are replaced by the words ‘13 June 2011’.

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 20th day following its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 28 October 2010. For the Commission The President José Manuel BARROSO

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

(2) OJ L 349, 12.12.2006, p. 37.
EN Official Journal of the European Union L 14/17

Corrigendum to Directive 2011/35/EU of the European Parliament and of the Council of 5 April 2011 concerning mergers of public limited liability companies

( Official Journal of the European Union L 110 of 29 April 2011 )

On page 2, in Article 1(1):

for:

‘— Hungary: — részvénytársaság,’,

read:

‘— Hungary: — nyilvánosan működő részvénytársaság,’;

for:

‘— Malta: — kumpannija pubblika/public limited liability company, kumpannija privata/private limited liability company,’,

read:
(7)

in Article 107i, paragraph 1 is replaced by the following: ‘1. A Member State or the Commission, as appropriate, shall, on the basis of concerns resulting from the evaluation of data from pharmacovigilance activities, initiate the procedure provided for in this section by informing the other Member States, the Agency and the Commission where: (a) it considers suspending or revoking a marketing authorisation; (b) it considers prohibiting the supply of a medicinal product; (c) it considers refusing the renewal of a marketing authorisation; or (d) it is informed by the marketing authorisation holder that, on the basis of safety concerns, the holder has interrupted the placing on the market of a medicinal product or has taken action to have a marketing authorisation withdrawn, or intends to take such action or has not applied for the renewal of a marketing authorisation. 1a. A Member State or the Commission, as appropriate, shall, on the basis of concerns resulting from the evaluation of data from pharmacovigilance activities, inform the other Member States, the Agency and the Commission where it considers that a new contraindication, a reduction in the recommended dose or a restriction to the indications of a medicinal product is necessary. The information shall outline the action considered and the reasons therefor. Any Member State or the Commission, as appropriate, shall, when urgent action is considered necessary, initiate the procedure provided for in this section in any of the cases referred to in this paragraph. Where the procedure provided for in this section is not initiated, for medicinal products authorised in accordance with the procedures laid down in Chapter 4 of Title III, the case shall be brought to the attention of the coordination group. Article 31 shall be applicable where the interests of the Union are involved. 1b. Where the procedure provided for in this section is initiated, the Agency shall verify whether the safety concern relates to medicinal products other than the one covered by the information, or whether it is common to all products belonging to the same range or therapeutic class. Where the medicinal product involved is authorised in more than one Member State, the Agency shall without undue delay inform the initiator of the procedure of the outcome of this verification, and the procedures laid down in Articles 107j and 107k shall apply. Otherwise, the safety concern shall be addressed by the Member State concerned. The Agency or the Member State, as applicable, shall make the information that the procedure has been initiated available to marketing authorisation holders.’;
‘6.

The competent authorities referred to in paragraph 5 shall enter each assigned European Vessel Identification Number, the data for the identification of the vessel set out in Appendix IV as well as any changes without delay into the electronic register kept by the Commission (“the hull data base”). These data may be used by competent authorities of other Member States and the Contracting States of the Mannheim Convention, for the sole purpose of performing administrative measures for maintaining safety and ease of navigation and for implementation of Articles 2.02 to 2.15 and Article 2.18(3) of this Annex as well as Articles 8, 10, 11, 12, 15, 16 and 17 of this Directive. Member States shall, in accordance with Union and national legislation, take the necessary measures to ensure the confidentiality and reliability of information sent to them pursuant to this Directive and shall only use such information in compliance with this Directive. The competent authority of a Member State may transfer personal data to a third country or international organisation provided the requirements of Directive 95/46/EC of the European Parliament and of the Council (1), particularly of Articles 25 or 26, are fulfilled and only on a case-by-case basis. The competent authority of the Member State shall ensure that the transfer is necessary for the purposes referred to in subparagraph 1. The competent authority shall ensure that the third country or international organisation does not transfer the data to another third country or international organisation unless it is given express written authorisation and complies with the conditions specified by the competent authority of the Member State. The transfer of personal data to a third country or international organisation by the Commission shall be carried out provided the requirements of Article 9 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (2) are fulfilled and only on a case-by-case basis. The Commission shall ensure that the transfer is necessary for the purposes referred to in subparagraph 1. The Commission shall ensure that the third country or international organisation does not transfer the data to another third country or international organisation unless it is given express written authorisation and complies with the conditions specified by the Commission.
Official Journal of the European Union

Corrigendum to Directive 2014/47/EU of the European Parliament and of the Council of 3 April 2014 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC

( Official Journal of the European Union L 127 of 29 April 2014 )

1. On page 169, Annex II, point 3, in the table:

for:

‘4.1.2. Alignment Visual inspection and by operation (a) Headlamp grossly misaligned X’ (b) Light source incorrectly fitted

read:

‘4.1.2. Alignment Visual inspection and by operation (a) Headlamp grossly misaligned X (b) Light source incorrectly fitted X’

2. On page 192, Annex II, point 3, in the table, item 8.2.2.2 ‘Opacity’, column ‘Method’, second dash:

for:

‘— For vehicles as of emission classes Euro 6 and Euro VI (9):’,

read:

‘— For vehicles as of emission classes Euro 6 and Euro VI (8):’.

3. On page 193, Annex II, point 3, in the table, item 8.2.2.2 ‘Opacity’, column ‘Reasons for failure’, point (b):

for:

‘1,5 m– 1 (10)’,

read:

‘1,5 m– 1 (9)’.

4. On page 199, Annex II, point 3, end of table footnotes:

for:

‘… (8) Type-approved in accordance with Regulation (EC) No 715/2007, Annex I, Table 2 (Euro 6) and Regulation (EC) No 595/2009 (Euro VI). (9) Type approved according to Regulation (EC) No 715/2007 Annex I Table 2 (Euro 6) and Regulation (EC) No 595/2009 (Euro VI). (10) Type-approved in accordance with limits in row B, Section 5.3.1.4 of Annex I to Directive 70/220/EEC; row B1, B2 or C, Section 6.2.1 of Annex I to Directive 88/77/EEC or first registered or put into service after 1 July 2008.’,

read:
EN Official Journal of the European Union L 4/65

COMMISSION DELEGATED DIRECTIVE 2014/11/EU

of 18 October 2013

amending, for the purposes of adapting to technical progress, the Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for hexavalent chromium in alkali dispensers used to create photocathodes in X-ray image intensifiers until 31 December 2019 and in spare parts for X-ray systems placed on the EU market before 1 January 2020

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (1), and in particular Article 5(1)(a) thereof,

Whereas:

(1) Directive 2011/65/EU prohibits the use of hexavalent chromium in electrical and electronic equipment placed on the market.

(2) Hexavalent chromium is used in alkali dispensers that are used in order to create photocathodes in X-ray image intensifiers. Elimination or substitution of hexavalent chromium in the fabrication process of photocathodes is not possible as at present substitutes and alternative technologies are not sufficiently reliable or available to cover the full product demand range.

(3) Some of the hexavalent chromium from the fabrication process of photocathodes inevitably remains inside the product that is placed on the market.

(4) Directive 2011/65/EU should therefore be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex IV to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the last day of the sixth month after entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 18 October 2013. For the Commission The President José Manuel BARROSO

(1) OJ L 174, 1.7.2011, p. 88.
EN Official Journal of the European Union L 148/80

COMMISSION DELEGATED DIRECTIVE 2014/73/EU

of 13 March 2014

amending, for the purposes of adapting to technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead in platinized platinum electrodes used for conductivity measurements

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment, (1) and in particular Article 5(1)(a) thereof,

Whereas:

(1) Directive 2011/65/EU prohibits the use of lead in electrical and electronic equipment placed on the market.

(2) Platinized platinum electrodes (PPEs) are platinum electrodes covered with a thin layer of platinum black. These electrodes are used when wide-range conductivity measurements are required or for measuring conductivity under strongly acidic or alkaline conditions. Both the substitution or elimination of lead in PPEs and the substitution of PPEs with other types of electrodes are scientifically and technically impracticable under these conditions.

(3) The use of lead in PPEs for wide-range conductivity measurements or for measuring conductivity under strongly acidic or alkaline conditions should therefore be exempted from the prohibition until 31 December 2018. This transition period is necessary for research and unlikely to have adverse impacts on innovation.

(4) Directive 2011/65/EU should therefore be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex IV to Directive 2011/65/EU is amended as set out in the Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the last day of the sixth month after entry into force at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 13 March 2014. For the Commission The President José Manuel BARROSO

(1) OJ L 174, 1.7.2011, p. 88.