The test did thus not fulfil the requirement of being conform to the ‘state of the art’ in the meaning of Annex I (Essential requirements) section A.2 of Directive 98/79/EC and section 3.1.8, third sentence, of the Common technical specifications for in-vitro diagnostic medical devices annexed to Commission Decision 2002/364/EC of 7 May 2002 on common technical specifications for in-vitro diagnostic medical devices (5).

An early report by General Welch and his panel was entitled “Report of the Panel on Reducing Risk in Ballistic Missile Defense Flight Test Programs”, but it is universally referred to by the sobriquet of “Rush to Failure”, quoting a memorable line in the report describing the singular lack of interceptor tests.

2. Whenever blood sampling for serological tests is carried out in holdings located in the surveillance zone, the number of blood samples to be taken in these holdings must be in accordance with section F(2), first sentence.

5. the last sentence of Article 6(3) shall be deleted and the following subparagraph shall be added:"Furthermore, the manufacturer or the person responsible for placing the product on the Community market may take advantage, on the product packaging or in any document, notice, label, ring or collar accompanying or referring to the product, of the fact that no animal tests have been carried out only if the manufacturer and his suppliers have not carried out or commissioned any animal tests on the finished product, or its prototype, or any of the ingredients contained in it, or used any ingredients that have been tested on animals by other ...[+++]s for the purpose of developing new cosmetic products.

1. as from 1 January 1999 the obligation for brucellosis testing prior to departure of swine intended for intra-Community trade according to Article 3(4) second sentence of Directive 64/432/EEC is no longer applicable.

The Parliament fully endorsed that position, but would go further in that, as the gasoline ruling has shown, any amendment of Article XX which did not involve addressing how the tests to be passed in accordance with its introductory sentence (the so-called Chapeau) should be applied in the context of environmental legislation will not solve the basic problem.