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31999L0014

Commission Directive 1999/14/EC of 16 March 1999 adapting to technical progress Council Directive 77/538/EEC relating to rear fog lamps for motor vehicles and their trailersText with EEA relevance.

Official Journal L 097 , 12/04/1999 P. 0001 - 0013

COMMISSION DIRECTIVE 1999/14/ECof 16 March 1999adapting to technical progress Council Directive 77/538/EEC relating to rear fog lamps for motor vehicles and their trailers(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(1), as last amended by Directive 98/91/EC of the European Parliament and of the Council(2), and in particular Article 13(2) thereof,Having regard to Council Directive 77/538/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to rear fog lamps for motor vehicles and their trailers(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,(1) Whereas Directive 77/538/EEC is one of the separate Directives of the EC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to Directive 77/538/EEC;(2) Whereas, in particular, Article 3(4) and Article 4(3) of Directive 70/156/EEC require each separate Directive to have attached to it an information document and also a type-approval certificate based on Annex VI to Directive 70/156/EEC in order that type-approval may be computerised; whereas the type-approval certificate provided for in Directive 77/538/EEC should be amended accordingly;(3) Whereas the procedures should be simplified in order to maintain the equivalence envisaged by Article 9(2) of Directive 70/156/EEC between certain separate Directives and the corresponding regulations of the United Nations' Economic Commission for Europe (UN-ECE), when those regulations are amended; whereas, as a first step, the technical requirements of Directive 77/538/EEC should be replaced by those of UN-ECE Regulation No 38 by way of cross-reference;(4) Whereas it is necessary to ensure that the requirements in Council Directive 76/756/EEC(4), as last amended by Commission Directive 97/28/EC(5), and in Council Directive 76/761/EEC(6), as last amended by Commission Directive 1999/17/EC(7), are complied with;(5) Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 77/538/EEC is amended as follows:1. In Article 1, paragraph 1 is replaced by the following:"1. Each Member State shall grant EC component type-approval for any type of rear fog lamp which satisfies the construction and testing requirements laid down in the relevant Annexes."2. In Article 2, the first paragraph is replaced by the following:"Member States shall, for each type of rear fog lamp which they approve pursuant to Article 1, issue to the manufacturer an EC component type-approval mark conforming to the model shown in Annex I, Appendix 3."3. Article 4 is replaced by the following:"Article 4The competent authorities of the Member States shall inform each other, by means of the procedures specified in Article 4(6) of Directive 70/156/EEC, of each approval which they have granted, refused or withdrawn pursuant to this Directive."4. Article 9 is replaced by the following:"Article 9For the purposes of this Directive, 'vehicle' means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery."5. The Annexes are replaced by the text in the Annex to this Directive.Article 21. From 1 October 1999, or, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, six months after the actual date of publication of these texts, Member States may not, on grounds relating to rear fog lamps:- refuse, in respect of a type of vehicle or a type of rear fog lamp, to grant EC type-approval or national type-approval, or- prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of rear fog lamps,provided that the rear fog lamps comply with the requirements of Directive 77/538/EEC, as amended by this Directive, and that, as far as vehicles are concerned, they are installed in accordance with the requirements laid down in Directive 76/756/EEC.2. From 1 April 2000 Member States:- shall no longer grant EC type-approval, and- may refuse to grant national type-approvalfor any type of vehicle on grounds relating to rear fog lamps, and for any type of rear fog lamp, if the requirements of Directive 77/538/EEC, as amended by this Directive, are not fulfilled.3. From 1 April 2001 the requirements of Directive 77/538/EEC relating to rear fog lamps as components, as amended by this Directive, shall be applicable for the purposes of Article 7(2) of Directive 70/156/EEC.4. Notwithstanding paragraphs 2 and 3, for the purposes of replacement parts Member States shall continue to grant EC type-approval of rear fog lamps, and to permit their sale and entry into service, in accordance with previous versions of Directive 77/538/EEC provided that such rear fog lamps- are intended to be fitted to vehicles already in use, and- comply with the requirements of that Directive which were applicable when the vehicles where first registered.Article 3The paragraphs and annexes of UN-ECE Regulation No 38, referred to in point 1 of Annex II, shall be published in the Official Journal of the European Communities before 1 April 1999.Article 41. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 October 1999; however, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, the Member States shall comply with this obligation six months after the actual date of publication of these texts. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 October 1999, or, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, six months after the actual date of publication of those texts.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 texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 5This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 6This Directive is addressed to the Member States.Done at Brussels, 16 March 1999.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 42, 23.2.1970, p. 1.(2) OJ L 11, 16.1.1999, p. 25.(3) OJ L 220, 29.8.1977, p. 60.(4) OJ L 262, 27.9.1976, p. 1.(5) OJ L 171, 30.6.1997, p. 1.(6) OJ L 262, 27.9.1976, p. 96.(7) See page 45 of this Official Journal.ANNEX"LIST OF ANNEXES>TABLE>ANNEX IADMINISTRATIVE PROVISIONS FOR TYPE APPROVAL1. APPLICATION FOR EC COMPONENT TYPE-APPROVAL1.1. The application for EC component type-approval pursuant to Article 3(4) of Directive 70/156/EEC of a type of rear fog lamp shall be submitted by the manufacturer.1.2. A model for the information document is given in Appendix 1.1.3. The following must be submitted to the technical service responsible for conducting the type-approval tests:1.3.1. Two samples, equipped with the lamp or lamps recommended; if the devices are not identical but are symmetrical and suitable for mounting one on the left and one on the right side of the vehicle, the two samples submitted may be identical and be suitable for mounting only on the right or only on the left side of the vehicle.2. MARKINGS2.1. The devices submitted for EC component type approval must bear:2.1.1. the trade name or mark of the manufacturer;2.1.2. in the case of lamps with replaceable light sources: the type(s) of filament lamp prescribed;2.1.3. in the case of lamps with non-replaceable light sources: the nominal voltage and wattage.2.2. These markings shall be clearly legible and indelible and shall be affixed to the illuminating surface, or to one of the illuminating surfaces, of the device. They shall be visible from the exterior when the device is fitted to the vehicle.2.3. Each device shall have sufficient space for the component type-approval mark. This space shall be indicated on the drawings referred to in Appendix 1.3. GRANTING OF EC COMPONENT TYPE-APPROVAL3.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4(3) and, if applicable, Article 4(4) of Directive 70/156/EEC shall be granted.3.2. A model for the EC type-approval certificate is given in Appendix 2.3.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of rear fog lamp approved. The same Member State shall not assign the same number to another type of rear fog lamp.3.4. Where EC component type approval is requested for a type of lighting and light-signalling device comprising a rear fog lamp and other lamps, a single EC component type-approval number may be assigned provided that the rear fog lamp complies with the requirements of this Directive and that each of the other lamps forming part of the lighting and light-signalling device for which EC component type approval is requested complies with the separate Directive applying to it.4. EC COMPONENT TYPE-APPROVAL MARK4.1. In addition to the markings referred to in item 2.1., every rear fog lamp conforming to the type approved pursuant to this Directive shall bear an EC component type-approval mark.4.2. This mark shall consist of:4.2.1. a rectangle surrounding the letter "e" followed by the distinguishing number or letters of the Member State which has granted type approval:1 for Germany2 for France3 for Italy4 for the Netherlands5 for Sweden6 for Belgium9 for Spain11 for the United Kingdom12 for Austria13 for Luxembourg17 for Finland18 for Denmark21 for Portugal23 for GreeceIRL for Ireland;4.2.2. in the vicinity of the rectangle the "base approval number" contained in section 4 of the type-approval number referred to in Annex VII to Directive 70/156/EEC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to Directive 77/538/EEC on the date EEC type-approval was granted. In this Directive the sequence number is 00;4.2.3. an additional symbol consisting of the letter "F".4.3. The EC component type-approval mark shall be affixed to the lens of the lamp or one of the lenses in such a way as to be indelible and clearly legible even when the lamps are fitted to the vehicle.4.4. Examples of the EC component type-approval mark are given in Appendix 3, Figure 1.4.5. Where a single EC component type-approval number is issued, as per item 3.4. above, for a type of lighting and light-signalling device comprising a rear fog lamp and other lamps, a single EC component type-approval mark may be affixed, consisting of:4.5.1. a rectangle surrounding the letter "e" followed by the distinguishing number or letters of the Member State which has granted type approval (see item 4.2.1.);4.5.2. the base approval number (see item 4.2.2., first half-sentence);4.5.3. if necessary, the required arrow, in so far as it relates to the lamp assembly as a whole.4.6. This mark may be located anywhere on the lamps which are grouped, combined or reciprocally incorporated, provided that:4.6.1. it is visible after the installation of the lamps;4.6.2. no light-transmitting components of the grouped, combined or reciprocally incorporated lamps can be removed without simultaneously removing the approval mark.4.7. The identification symbol for each lamp corresponding to each Directive pursuant to which EC component type approval was granted, together with the sequence number (see item 4.2.2.) and, where necessary, the letter "D" and the required arrow shall be marked:4.7.1. either on the appropriate light-emitting surface;4.7.2. or in a group, in such a way that each of the grouped, combined or reciprocally incorporated lamps may be clearly identified.4.8. The dimensions of the components of this mark must not be less than the minimum dimensions specified for individual marks by the various Directives pursuant to which EC component type approval was granted.4.9. Examples of an EC component type-approval mark for a lamp that is grouped, combined or reciprocally incorporated with other lamps are given in figure 2 of Appendix 3.5. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS5.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.6. CONFORMITY OF PRODUCTION6.1. As a general rule, measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.6.2. Every rear fog lamp shall comply with the photometric conditions specified in paragraphs 6 and 9(1). Nevertheless, in the case of a rear fog lamp selected at random from series production, the requirements as to minimum intensity of the light emitted (measured with a standard lamp as referred to in paragraph 7(2)) shall be limited in each relevant direction to 80 per cent of the minimum value prescribed in paragraph 6(3).(1) Of the documents referred to in point 1 of Annex II to this Directive.(2) Of the documents referred to in point 1 of Annex II to this Directive.(3) Of the documents referred to in point 1 of Annex II to this Directive.Appendix 1>PIC FILE= "L_1999097EN.000702.EPS">>PIC FILE= "L_1999097EN.000801.EPS">Appendix 2>PIC FILE= "L_1999097EN.000902.EPS">>PIC FILE= "L_1999097EN.001001.EPS">Appendix 3EXAMPLES OF THE EC COMPONENT TYPE-APPROVAL MARKFigure 1>PIC FILE= "L_1999097EN.001102.EPS">The device bearing the EC component type-approval mark shown above is a rear fog lamp, type approved in Germany (e1) pursuant to this Directive (00) under the base approval number 1471.Figure 2Simplified marking of grouped, combined or reciprocally incorporated lamps when two or more lamps are part of the same assembly(The vertical and horizontal lines schematise the shape of the light-signalling device. These are not part of the approval mark)MODEL A>PIC FILE= "L_1999097EN.001103.EPS">MODEL B>PIC FILE= "L_1999097EN.001201.EPS">MODEL C>PIC FILE= "L_1999097EN.001202.EPS">Note:The three examples of approval marks, models A, B and C represent three possible variants of the marking of a lighting and light-signalling device when two or more lamps are part of the same unit of grouped, combined or reciprocally incorporated lamps. These approval marks show that the device was approved in Germany (e1) under the base approval number 1712 and comprises:A retro reflector of class IA approved in accordance with Directive 76/757/EEC, sequence No 02;A rear direction indicator of category 2a approved in accordance with Directive 76/759/EEC, sequence No 01;A red rear position lamp (R) approved in accordance with Annex II to Directive 76/758/EEC, sequence No 02;A rear fog lamp (F) approved in accordance with Directive 77/538/EEC, sequence No 00;A reserving lamp (AR) approved in accordance with Directive 77/539/EEC, sequence No 00;A stop lamp with two levels of intensity (S2) approved in accordance with Annex II to Directive 76/758/EEC, sequence No 02:A rear registration plate lamp (L) approved in accordance with Directive 76/760/EEC, sequence No 00.ANNEX IITECHNICAL REQUIREMENTS1. The technical requirements are those set out in paragraphs 1, 5 to 9 and Annex 3 of UN-ECE Regulation No 38 which consists of a consolidation of the following documents:- the Regulation in its original form (00)(1);- supplement 1 to Regulation No 38(2);- supplements 2 and 3 to Regulation No 38 including modifications(3);- supplement 4 to Regulation No 38(4);- supplement 5 to Regulation No 38(5),except that:1.1. Where reference is made to "Regulation No 48", this shall be understood as "Directive 76/756/EEC".1.2. Where reference is made to "Regulation No 37", this shall be understood as "Annex VII to Directive 76/761/EEC".(1)>TABLE>(2)>TABLE>(3)>TABLE>(4)>TABLE>(5) TRANS/WP.29/524".


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31996L0063

Commission Directive 96/63/EC of 30 September 1996 amending Council Directive 76/432/EEC on the approximation of the laws of the Member States relating to the braking devices of wheeled agricultural or forestry tractors (Text with EEA relevance)

Official Journal L 253 , 05/10/1996 P. 0013 - 0014

COMMISSION DIRECTIVE 96/63/EC of 30 September 1996 amending Council Directive 76/432/EEC on the approximation of the laws of the Member States relating to the braking devices of wheeled agricultural or forestry tractors (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to Council Directive 74/150/EEC, of 4 March 1974, on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors (1), as last amended by Directive 88/297/EEC (2), and in particular Articles 12 and 13 thereof,Whereas the braking test can be improved by replacing mean deceleration by a formula defining the braking distance as a function of speed; whereas that amendment will be followed by other changes aimed at improving the safety of tractors and the components involved in their use;Whereas the provisions of this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 74/150/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1 Annexes I and II to Council Directive 76/432/EEC (3) are hereby amended in accordance with the Annex to this Directive.Article 2 1. With effect from 1 October 1997 Member States may not:- refuse, in respect of a type of tractor, to grant EC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 74/150/EEC or to grant national type-approval, or- prohibit the registration, sale or entry into service of tractors,on grounds relating to braking devices, if the tractors comply with the requirements of Directive 76/432/EEC as amended by this Directive.2. With effect from 1 March 1998 Member States:- shall no longer grant EC type-approval or issue the document referred to in the last indent of Article 10 (1) of Directive 74/150/EEC, and- may refuse to grant national type-approvalfor a type of tractor on grounds relating to braking devices, if the requirements of Directive 76/432/EEC as amended by this Directive are not complied with.Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 October 1997. They shall forthwith inform the Commission thereof.2. When the Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The terms of the reference shall be laid down by the Member States.3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.Article 4 This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 30 September 1996.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 84, 28. 3. 1974, p. 10.(2) OJ No L 126, 20. 5. 1988, p. 52.(3) OJ No L 122, 8. 5. 1976, p. 1.ANNEX Directive 76/432/EEC is amended as follows:'1. In Annex I, item 4.2.6, at the end of the first subparagraph, the following sentence is added:"When more than one axle is normally subject to braking, one axle may be decoupled provided that activation of the service brake automatically recouples this axle and that, if the recoupling device fails, this is done automatically."2. In Annex II, item 1.1.1, the first sentence is replaced by the following: "The effectiveness of a service brake is based on the braking distance calculated according to the formula set out in 2.1.1.1",item 1.2.2.2 is deleted,item 2.1.1.1 is amended to read:"2.1.1.1. Under type O test conditions, achieve a stopping distance which is calculated as follows:Smax ≤0,15 V + >NUM>V² >DEN>116whereV is the maximum design speed in km/h, andSmax is the maximum stopping distance in metres".`


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31989L0109

Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs

Official Journal L 040 , 11/02/1989 P. 0038 - 0044 Finnish special edition: Chapter 13 Volume 17 P. 0207  Swedish special edition: Chapter 13 Volume 17 P. 0207

COUNCIL DIRECTIVEof 21 December 1988on the approximation  of the laws of the Member States relating to materials and articles intended to come into contact  with foodstuffs(89/109/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  l00a thereof, Having regard to the Proposal from the Commission, In cooperation with the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas Council Directive 76/893/EEC of 23 November 1976 on the approximation of the laws of the  Member States relating to materials and articles intended to come into contact with foodstuffs (3),  as last amended by the act of Accession of Spain and Portugal (4), has been substantially amended  on a number of occasions; whereas on making the new amendments to the said Directive, the  opportunity should be taken to consolidate the provisions of the existing relevant texts with a  view to ensuring legal clarity; Whereas Directive 76/893/EEC was adopted on the grounds that the differences that existed at that  time between the national laws relating to the aforesaid materials and articles impeded the free  movement thereof, could create unequal conditions of competition and could thereby directly affect  the establishment or functioning of the common market; Whereas those laws had to be approximated if free movement was to be achieved for the aforesaid  materials and articles, taking account primarily of human health requirements but also, within the  limits required for the protection of health, of economic and technological needs; Whereas the chosen method was to lay down, in the first place, in a framework directive, general  principles on the basis of which legal differences between certain groups of materials and articles  had been and could subsequently beeliminated by means of specific directives; whereas this method  has proved itself and should therefore be retained; Whereas covering or coating substances, all or part of which form part of foodstuffs, could not  be considered to be simply in contact with these foodstuffs: whereas, in that case, account had to  be taken of possible direct consumption by consumers; whereas the rules laid down in this Directive  are therefore inappropriate in such circumstances; Whereas the principle underlying this Directive should be that any material or article intended to  come into contact or which is intentionally in contact either directly or indirectly with  foodstuffs, must be sufficiently stable not to transfer substances to the foodstuffs in quantities  which could endanger human health or bring about an unacceptable change in the composition of the  foodstuffs or a deterioration in the organoleptic properties thereof; Whereas, in order to achieve this objective, it may prove necessary to lay down various types of  limitations, alone or in combination; whereas it is appropriate to retain in specific directives  those limitations which are most appropriate to the desired objective, having regard to the  technological characteristics peculiar to each group of materials and articles; Whereas, in order to allow the informed use of the materials and articles, appropriate labelling  should be provided for; whereas the methods used for such labelling may vary according to the  user; Whereas this Directive does not apply to the labelling of products which, by reason of their  behaviour in the presence of foodstuffs, must not be designed to come into contact or be in contact  with them; Whereas the drafting of specific directives implementing the basic principles and of amendments  thereto constitute technical implementing measures; whereas, in order to simplify and expedite the  procedure, the adoption of these measures should be entrusted to the Commission; Whereas the Scientific Committee for Food, set up by Commission Decision 74/234/EEC (5), should be  asked for its opinion before provisions liable to affect public health are adopted under specific  directives; Whereas it is desirable that in all cases where the Council empowers the Commission to implement  rules relating to foodstuffs, provision should be made for a procedure establishing close  cooperation between the Member States and the Commission within the Standing Committee on  Foodstuffs set up by Council Decision 69/414/EEC (1)HAS ADOPTED THIS DIRECTIVE: Article 11. This Directive shall apply to materials and articles which, in  their finished state, are intended to be brought into contact with foodstuffs or which are brought  into contact with foodstuffs and are intended for that purpose, hereinafter referred ro as  'materials and articles'. Covering or coating substances, such as the substances convering cheese rinds, prepared meat  products or fruit, which form part of foodstuffs and may be consumed together with those  foodstuffs, shall not be subject to this Directive2. This Directive shall apply to materials and  articles which are in contact with water which is intended for human consumption. It shall not,  however, apply to fixed public or private water supply equipment. 3. This Directive shall not apply to antiques. Article 2Materials and articles must be manufactured in compliance with good manufacturing  practice so that, under their normal or foreseeable conditions of use, they do not transfer their  constituents to foodstuffs in quantities which could: - endanger human health, - bring about an unacceptable change in the composition of the foodstuffs or a deterioration in the  organoleptic characteristics thereof. Article 31. The groups of materials and articles listed in Amex I and, where appropriate,  combinations of these materials and articles shall be subject to specific directives. 2. The specific directives, including amendments to existing specific directives, shall be adopted  in accordance with the procedure laid down in Article 8. 3. The specific directives may include: (a) a list of the substances the use of which is authorized to the exclusion of all others  (positive list); (b) purity standards for such substances; (c) special conditions of use for these substances and/or the materials and articles in which they  are used; (d) specific limits on the migration of certain constituents or groups of constituents into or onto  foodstuffs: (e) an overall limit on the migration of constituents into or outo foodstuffs; (f) if necessary, provisions aimed at protecting human health against any hazards which might arise  through oral contact with materials and articles; (g) other rules to ensure compliance with Article 2; (h) the basic rules necessary for checking compliance with the provisions of points (d), (e), (f)  and (g); (i) detailed rles concerning sample taking and the methods of analysis required to check compliance  with the provisions of points (a) to (g). provisions liable to affect public health shall be adopted after consulting the Scientific  Committee for Food. They must fulfill the criteria set out in Annex II. Article 41. Notwithstanding Article 3, a Member State may, where a list of substances has been  drawn up in accordance with paragraph 3 (a) of that Article, authorize the use within its territory  of a substance not included in the list, subject to compliance with the following conditions: (a) the authorization must be limited to a maximum period of two years; (b) the Member State must carry out an official check on materials and articles manufactured from a  substance of which it has authorized the use; (c) materials and articles thus manufactured must bear a distinctive indication which will be  defined in the authorization. 2. The Member State shall forward to the other Member States and to the Commission the text of any  authorization drawn up pursuant to paragraph 1 within two months of the date of its taking effect. 3. Before the expiry of the two-year period provided for in paragraph 1 (a), the Member State may  submit to the Commission a request for the inclusion in the list referred to. in Article 3 (3) (a) of the substance given national authorization in accordance with paragraph 1  of this Article. At the same time, it shall supply supporting documents setting out the grounds on  which it deems such inclusion justified and shall indicate the uses for which this substance is  ineendedWithin 18 months of the submission of the request, a decision shall be taken on the basis  of information relating to public health, after consulting the Scientific Committee for Food and in  accordance with the procedure laid down in Article 9 as to whether the substance in question may be  included in the list referred to in Article 3 (a) or whether the national authorization should be  revoked. If provisions prove necessary pursuant to Article 3 (3) (b), (c) and (d), these shall be  adopted in accordance with the same procedure. Notwithstanding paragraph 1 (a) of this Article, the  national authorization shall remain in force until a decision is taken on the request for inclusion  in the list. Should it be decided pursuant to the preceding subparagraph that the national authorization should  be revoked, this decision shall apply to any other national authorization in respect of the  substance in question. The decision may stipulate that the ban on the use of this substance shall  extend to uses other than those referred to in the request for inclusion in the list. Article 51. Where a Member State, as a result of new information or of a reassessment of existing  information made since one of the specific directives was adopted, has detailed grounds for  establishing that the use of a material or article endangers human health although it complies with  the relevant specific directive, that Member State may temporarily suspend or restrict application  of the provisions in question within its territory. It shall immediately inform the other Member  States and the Commission thereof and give reasons for its decision2. The Commission shall examine  as soon as possible within the Standing Committee on Foodstuffs the grounds adduced by the Member  State referred to in Paragraph 1 and shall deliver its opinion without delay and take the  appropriate measures. 3. If the Commission considers that amendments to the specific directives in question are necessary  in order to remedy the difficulties mentioned in paragraph 1 and to ensure the protection of human  health, it shall initiate the procedure laid down in Article 9 with a view to adopting those  amendments; the Member State which has adopted safeguard measures may in that event retain them  until the amendments have been adopted. Article 61. Without prejudice to any exceptions provided for in the specific directives,  materials and articles not already in contact with foodstuffs must, when placed on the market, be  accompanied by: (a) - the words 'for food use', - or a specific indication as to their use, such as coffee-machine, wine bottle, soup spoon, - or a symbol determined in accordance with the procedure laid down in Article 9; (b) where appropriate, any special conditions to be observed when they are being used: (c) - either the name or trade name and the address or registered office, - or the registered trade mark, of the manufacturer or processor, or of a seller established within the Community. 2. The particulars listed in paragraph 1 must be conspicuous, clearly legible and indelible: (a) at the retail stage: - on the materials and articles or on the packaging, - or on labels affixed to the materials and articles or to their packaging, - or on a notice in the immediate vicinity of the materials and articles and clearly visible to  purchasers; in the case mentioned in paragraph 1 (e), however, the latter option shall only be open  if these particulars or a label bearing them cannot, for technical reasons, be affixed to the said  materials and articles at either the manufacturing or the marketing stage; (b) at the marketing stages other than the retail stage: - on the accompanying documents, - on the labels or packaging, - or on the materials and articles themselves. 3. However, the particulars provided for in paragraph 1 shall not be compulsory for materials and  articles which by their nature are clearly intended to come into contact with foodstuffs. 4. The particulars provided for in paragraph 1 (a) and (b) shall be confined to materials and  articles which comply: (a) with the criteria laid down in Article 2; (b) with the specific directives, in the absence of such directives, with any national provisions. 5. The specific directives shall require that such materials and articles be accompanied by a  written declaration attesting that they comply with the rules applicable to them. In the absence of specific directives, Member States may retain existing provisions or adopt  provisions to this effect. 6. Member States shall ensure that retail trade in materials and articles is prohibited if the  particulars required under paragraph 1 (a) and (b) are not given in a language easily understood by  purchasers, unless the purchaser is informed by other means. This provision shall not preclude such  particulars appearing in several languages. Article 71. Member States shall not, for reasons relating to composition, behaviour in the  presence of foodstuffs or labelling, prohibit or restrict either trade in or the use of materials  and articles complying with this Directive or with the specific directives. 2. Paragraph 1 shall not affect national provisions which are applicable in the absence of the  specific directives. Article 8Amendments made to existing specific directives in order to bring them into line with  this Directive shall be adopted in accordance with the procedure laid down in Article 9. Article 91. Where the procedure laid down in this Article is to be followed, the chairman shall  refer the matter to the Standing Committee on Foodstuffs either on his own initiative or at the  request of the representative of a Member State. 2. The Commission representative shall submit to the committee a draft of measures to be taken. The  committee shall deliver its opinion on the draft within a time limit which the chairman may lay  down according to the urgency of the matter. The opinion shall be delivered by the qualified  majority laid down in Article 148 (2) of the Treaty. The chairman shall not vote. 3. (a) The Commission shall adopt the intended measures when they are in accordance with the  committee's opinion; (b) where the intended measures are not in accordance with the opinion of the committee, or in the  absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to  the measures to be taken. The Council shall act on a qualified majority. If, on the expiry of three months from the date on which the matter was referred to it, the Council  has not adopted any measures, the Commission shall adopt the proposed measures and apply them  immediately. Article 101. Directive 76/893/EEC is hereby repealed2. References to the Directive repealed  under paragraph 1 shall be construed as references to this Directive. References to the Articles of the repealed Directive should be read in accordance with the  correlation table appearing in Annex III. Article 111. Member States shall take all measures necessary to comply with this Directive. They  shall forthwith inform the Commission thereof. He measures taken shall: - permit, not later than 18 months after notification (1), trade in and use of materials and  articles complying with this Directive, without prejudice to the application of national provisions  which, in the absence of specific directives, apply to certain groups of materials and articles; - prohibit not later than 36 months after notification trade in and use of materials and articles  which do not comply with this Directive. 2. Paragraph 1 shall not affect those national provisions which, in the absence of the specific  directives, apply to certain groups of materials and articles intended to come into contact with  foodstuffs. Article 12This Directive shall not apply to materials and articles intended for export outside  the Community. Article 13This Directive is addressed to the Member States. Done at Brussels, 21 December 1988. For the Council The PresidentV. PAPANDREOU(1) This Directive was notified to the Member States  on 10 January 1989(1) OJ N° C 99, 13. 4. 1987, p. 65 and OJ N° C 12, 16.  1989. (2) OJ N° C 328, 22. 12. 1986, p. 5. (3) OJ N° L 340, 9. 12. 1976, p. 19. (4) OJ N° L 302, 15. 11. 1985, p. 216. (5) OJ N° L 136, 20. 5. 1974, p. 1. (1) OJ N° L. 291, 19. 11. 1969, p. 9  ANNEX I List of groups of materials and articles covered by specific directives  Plastics, including varnish and coatingsRegenerated celluloseElastomers and rubberPaperand  boardCeramicsGlassMetals and alloysWood, including corkTextile productsParaffin waxes and  micro-cystalline waxes ANNEX II Health criteria to be applied in the drafting of specific directives 1. Where  appropriate, Positive lists of substances shall be established for materials and articles intended  to come into contact with foodstuffs. The acceptability of a substance for inclusion in a positive  list shall be determined by considering both the quantity of the substance which is liable to  migrate into foodstuffs and the toxicity of the substance2. A substance shall only be included in  a positive list where, under normal or foreseeable conditions of use of any material or article of  which it forms a part, the substance is not liable to migrate into foodstuffs in a quantity likely  to constitute a danger to human health3. For certain materials it may be inappropriate to  establish a positive list because such a list would offer no tangible benefit in terms of  safeguarding human health. In such circumstances, any substances for which specific migration  limits need to be established in order to prevent their being transferred to foodstuffs in  quantities likely to constitute a danger to health shall be identified. The criteria set out in  paragraphs 1 and 2 shall also apply to these substances4. All substances shall be kept under  review and reassessed whenever this is justified by fresh scientific data or a re-evaluation of  existing scientific data5. Where an acceptable daily intake or a tolerable daily intake is  established foraparticular substance, the need to establish a specific migration limit in order  that this intake is not exceeded shall be considered. Where such a specific migration limit is  established for a substance, due regard shall be paid to other possible sources of exposure to the  substance6. In certain circumstances, a specific migration limit on a substance may not be the  most valid means of safeguarding human health. In such circumstances, the need to protect human  health shall be the primary consideration in determining what action might be appropriate.  ANNEX III CORRELATION TABLF >TABLE>


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31994L0063

European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations

Official Journal L 365 , 31/12/1994 P. 0024 - 0033 Finnish special edition: Chapter 12 Volume 2 P. 0196  Swedish special edition: Chapter 12 Volume 2 P. 0196

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE  94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting  from the storage of petrol and its distribution from terminals to service stations THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure referred to in Article 189b of the Treaty (3), Whereas successive programmes of action of the European Communities on the protection of the  environment (4) have stressed the importance of preventing and reducing air pollution; Whereas emissions of volatile organic compounds (VOCs) from petrol and solvents in the Community  would be in the order of 10 million tonnes per year if no control measures were taken; whereas VOC  emissions contribute to the formation of photochemical oxidants such as ozone, which in high  concentrations can impair human health and damage vegetation and materials; whereas some of the VOC  emissions from petrol are classified as toxic, carcinogenic or teratogenic; Whereas on 2 April 1992 the Community signed the Protocol to the 1979 Convention on long range  transboundary air pollution concerning the control of emissions of volatile organic compounds  (VOCs) or their transboundary fluxes, which provides for a considerable reduction of the VOC  emissions; Whereas a significant step in a strategy for an overall reduction of VOC emissions in the Community  was taken by Council Directive 91/441/EEC of 26 June 1991 amending Directive 70/220/EEC on the  approximation of the laws of the Member States relating to measures to be taken against air  pollution by emissions from motor vehicles (5) which aims at reducing by some 80 to 90 %, over 10  to 15 years, VOC emissions from tail-pipe exhaust gases and evaporative emissions from motor  vehicles, representing some 40 % of the present emissions of man-made VOCs to the atmosphere;  whereas, at the time of adoption of that Directive, the Commission was requested to submit a  proposal for a Directive on the measures to reduce evaporation losses at every stage in the process  of storage and distribution of motor fuels; Whereas the VOC emissions from the system for storage and distribution of petrol represent some 500  000 tonnes per year or some 5 % of the total emissions of man-made VOCs in the Community; whereas  these emissions, represent a significant contribution to air pollution especially in urban areas; Whereas available technologies can ensure a considerable reduction of the evaporative losses in the  distribution system for petrol, not least through the recovery of vapours which are displaced; Whereas, on grounds of international standardization and of safety during the loading of ships,  standards must be drawn up at International Maritime Organization level for vapour control and  recovery systems to apply to both loading installations and ships; whereas the Community must  therefore endeavour to ensure that the necessary provisions are introduced into the Marpol  Convention during the current revision of Marpol due to be completed in 1996; whereas in the event  that the Marpol Convention is not so revised, the Community, after discussion with its major  trading partners, should propose appropriate measures to apply to ships and port installations  servicing ships; Whereas further action will be needed to reduce the vapour emissions during refuelling operations  at service stations, which at present amount so some 200 000 tonnes per year, thereby controlling  all vapour emissions during the distribution of petrol; Whereas, in order to avoid distortion of competition and in order to ensure the operation of the  internal market, it is necessary to harmonize certain measures concerning the distribution of  petrol on the basis of a high level of environmental protection; Whereas account should nevertheless be taken of the advantages and burdens which may result from  action or the absence of action; whereas it is therefore appropriate to provide for the possibility  of derogations and sometimes of exclusions in certain cases; whereas certain Member States should  also be given the option of longer periods in which to adapt in order to take account of any major  environmental measures of differing kinds which they may already have adopted in this area or of  the particular burden imposed by the measures in this Directive owing to the structure of their  networks; Whereas Community action must take account of environmental conditions in the various regions of  the Community; whereas in this connection Member States must be able to uphold or impose more  stringent measures relating to the evaporative losses from fixed installations throughout their  territory or in geographical areas where it is established that such measures are necessary for the  protection of human health or the environment because of special conditions; Whereas the provisions of paragraph 1 of Articles 3, 4 and 6 of this Directive apply without  prejudice to Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the  provision of information in the field of technical standards and regulations; Whereas it is necessary to introduce harmonized specifications for the equipment for bottom loading  of road tankers in order to ensure the possibility of free trade in petrol and equipment within the  Community and to ensure a high level of safety; whereas provision should be made for standardizing  such specifications and adapting them to technical progress; Whereas a committee should be set up to assist the Commission in adapting the Annexes to this  Directive to technical progress, HAVE ADOPTED THIS DIRECTIVE: Article 1 Scope This Directive shall apply to the operations, installations, vehicles and vessels used for storage,  loading and transport of petrol from one terminal to another or from a terminal to a service  station. Article 2 Definitions For the purpose of this Directive: (a) 'petrol` shall mean any petroleum derivative, with or without additives, having a reid vapour  pressure of 27,6 kilopascals or more, which is intended for use as a fuel for motor vehicles,  except liquefied petroleum gas (LPG); (b) 'vapours` shall mean any gaseous compound which evaporates from petrol; (c) 'storage installation` shall mean any stationary tank at a terminal used for the storage of  petrol; (d) 'terminal` shall mean any facility which is used for the storage and loading of petrol onto  road tankers, rail tankers, or vessels, including all storage installations on the site of the  facility; (e) 'mobile container` shall mean any tank, transported by road, rail or waterways used for the  transfer of petrol from one terminal to another or from a terminal to a service station; (f) 'service station` shall mean any installation where petrol is dispensed to motor vehicle fuel  tanks from stationary storage tanks; (g) 'existing` petrol storage installations, loading installations, service stations and mobile  containers shall mean such installations, service stations and mobile containers which were in  operation before the date referred to in Article 10 or for which an individual construction licence  or operating licence, where required under national legislation, was granted before the date  referred to in Article 10; (h) 'new` in relation to petrol storage installations, loading installations, service stations and  mobile containers shall mean such installations, service stations and mobile containers which are  not covered by paragraph (g); (i) 'throughput` shall mean the largest total annual quantity of petrol loaded from a storage  installation at a terminal or from a service station into mobile containers during the three  preceding years; (j) 'vapour-recovery unit` shall mean equipment for the recovery of petrol from vapours including  any buffer reservoir systems at a terminal; (k) 'vessel` shall mean an inland waterway vessel as defined in Chapter 1 of Council Directive  82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (1); (l) 'target reference value` shall mean the guideline given for the overall assessment of the  adequacy of technical measures in the Annexes and is not a limit value against which the  performance of individual installations, terminals and service stations will be measured; (m) 'intermediate storage of vapours` shall mean the intermediate storage of vapours in a fixed  roof tank at a terminal for later transfer to and recovery at another terminal. The transfer of  vapours from one storage installation to another at a terminal shall not be considered as  intermediate storage of vapour within the meaning of this Directive; (n) 'loading installation` shall mean any facility at a terminal at which petrol can be loaded onto  mobile containers. Loading installations for road tankers comprise one or more 'gantries`; (o) 'gantry` shall mean any structure at a terminal at which petrol can be loaded on to a single  road tanker at any one time. Article 3 Storage installations at terminals 1.  Storage installations shall be designed and operated in accordance with the technical  provisions of Annex I. These provisions are designed to reduce the total annual loss of petrol resulting from loading and  storage at each storage installation at terminals to below the target reference value of 0,01  weight by weight (w/w) % of the throughput. Member States may maintain or require more stringent measures throughout their territory or in  geographical areas where it is established that such measures are necessary for the protection of  human health or the environment owing to specific conditions. Member States may adopt technical measures for the reduction of losses of petrol other than those  set down in Annex I if such alternative measures are demonstrated to have at least the same  efficiency. Member States shall inform the other Member States and the Commission of any existing measures or  of any special measures referred to in this paragraph which they contemplate taking and of their  grounds for taking them. 2.  The provisions of paragraph 1 shall apply: (a) from the date referred to in Article 10 for new installations; (b) three years from the date referred to in Article 10 for existing installations if the  throughput loaded at a terminal is greater than 50 000 tonnes/year; (c) six years from the date referred to in Article 10 for existing installations if the throughput  loaded at a terminal is greater than 25 000 tonnes/year; (d) nine years from the date referred to in Article 10 for all other existing storage installations  at terminals. Article 4 Loading and unloading of mobile containers at terminals 1.  Loading and unloading equipment shall be designed and operated in accordance with the technical  provisions of Annex II. These provisions are designed to reduce the total annual loss of petrol resulting from loading and  unloading of mobile containers at terminals to below the target reference value of 0,005 w/w % of  the throughput. Member States may maintain or require more stringent measures throughout their territory or in  geographical areas where it is established that such measures are necessary for the protection of  human health or the environment owing to specific conditions. Member States may adopt technical measures for the reduction of losses of petrol other than those  set down in Annex II if such alternative measures are demonstrated to have at least the same  efficiency. Member States shall inform the other Member States and the Commission of any existing measures or  of any special measures referred to in this paragraph which they contemplate taking and of their  grounds for taking them. The Commission shall verify the compatibility of these measures with the  provisions of the Treaty and those of this paragraph. All terminals with loading facilities for road tankers shall be equipped with at least one gantry  which meets the specifications for bottom-loading equipment laid down in Annex IV. These  specifications shall be re-examined at regular intervals and, if appropriate, shall be revised in  accordance with the procedure laid down in Article 8. 2.  The provisions of paragraph 1 shall apply: (a) from the date referred to in Article 10 for new terminals for loading onto road tankers, rail  tankers and/or vessels; (b) three years from the date referred to in Article 10 for existing terminals for loading onto  road tankers, rail tankers and/or vessels if the throughput is greater than 150 000 tonnes/year; (c) six years from the date referred to in Article 10 for existing terminals for loading onto road  tankers and rail tankers if the throughput is greater than 25 000 tonnes/year; (d) nine years from the date referred to in Article 10 for all other existing loading installations  at terminals for loading onto road tankers and rail tankers. 3.  Nine years after the date referred to in Article 10 the requirements for bottom-loading  equipment set in Annex IV shall apply to all road tanker loading gantries at all terminals unless  exempted under the terms of paragraph 4. 4.  By way of derogation, paragraphs 1 and 3 shall not apply: (a) to existing terminals with a throughput of less than 10 000 tonnes/year and; (b) to new terminals with a throughput of less than 5 000 tonnes/year located in small remote  islands. Member States shall inform the Commission of terminals concerned by such a derogation through the  reporting arrangements referred to in Article 9. 5.  The Kingdom of Spain may grant a derogation of one year from the time limit set down in  paragraph 2 (b). Article 5 Mobile containers 1.  Mobile containers shall be designed and operated in accordance with the following  requirements: (a) mobile containers shall be designed and operated so that residual vapours are retained in the  container after unloading of petrol; (b) mobile containers which supply petrol to service stations and terminals shall be designed and  operated so as to accept and retain return vapours from the storage installations at the service  stations or terminals. For rail tankers this is only required if they supply petrol to service  stations or to terminals where intermediate storage of vapours is used; (c) except for release through the pressure relief valves, the vapours mentioned in subparagraphs  (a) and (b) shall be retained in the mobile container until reloading takes place at a terminal. If after the unloading of petrol the mobile container is subsequently used for products other than  petrol, in so far as vapour recovery or intermediate storage of vapours is not possible,  ventilation may be permitted in a geographical area where emissions are unlikely to contribute  significantly to environmental or health problems; (d) the Member States' competent authorities must ensure that road tankers are regularly tested for  vapour tightness and that vacuum/pressure valves on all mobile containers are periodically  inspected for correct functioning. 2.  The provisions of paragraph 1 shall apply: (a) from the date referred to in Article 10 for new road tankers, rail tankers and vessels; (b) three years from the date referred to in Article 10 for existing rail tankers and vessels if  loaded at a terminal to which the requirement of Article 4 (1) applies; (c) for existing road tankers when retrofitted for bottom loading in accordance with the  specifications laid down in Annex IV. 3.  By way of derogation, the provisions of paragraph 1, subparagraphs (a), (b) and (c) shall not  apply to losses of vapours resulting from measuring operations using dipsticks in relation to: (a) existing mobile containers; and (b) new mobile containers which come into operation during the four years following the date  referred to in Article 10. Article 6 Loading into storage installations at service stations 1.  Loding and storage equipment shall be designed and operated in accordance with the technical  provisions of Annex III. These provisions are designed to reduce the total annual loss of petrol resulting from loading into  storage installations at service stations to below the target reference value of 0,01 w/w % of the  throughput. Member States may maintain or require more stringent measures throughout their territory or in  geographical areas where it is established that such measures are necessary for the protection of  human health or the environment owing to specific conditions. Member States may adopt technical measures for the reduction of losses of petrol other than those  set down in Annex III if such alternative measures are demonstrated to have at least the same  efficiency. Member States shall inform the other Member States and the Commission of any existing measures or  of any special measures referred to in this paragraph which they contemplate taking and of their  grounds for taking them. 2.  The provisions of paragraph 1 shall apply: (a) from the date referred to in Article 10 for new service stations; (b) three years from the date referred to in Article 10: - for existing service stations with a throughput greater than 1 000 m3/year, - for existing service stations, regardless of their throughput, which are located under permanent  living quarters or working areas; (c) six years from the date referred to in Article 10 for existing service stations with a  throughput greater than 500 m3/year; (d) nine years from the date referred to in Article 10 for all other existing service stations. 3.  By way of derogation, paragraphs 1 and 2 shall not apply to service stations with a throughput  of less than 100 m3/year. 4.  For service stations with an annual throughput of less than 500 m3/year, Member States may  grant a derogation from the requirements of paragraph 1 where the service station is located in a  geographical area or on a site where vapour emissions are unlikely to contribute significantly to  environmental or health problems. Member States shall inform the Commission of the details of the areas within which they intend to  grant such derogation in the framework of the reporting arrangements referred to in Article 9 and  subsequently of any changes to such areas. 5.  The Kingdom of the Netherlands may grant a derogation from the timetable set down in paragraph  2, subject to the following conditions: - the measures required by this Article are implemented as part of a broader, existing national  programme for service stations which simultaneously addresses various environmental problems, such  as water pollution, air pollution, ground pollution and waste pollution and the implementation of  which is tightly scheduled, - the timetable may only be varied by a maximum of two years, all programmes being completed within  the time limit set out in paragraph 2 (d), - the Commission shall be notified of the decision to diverge from the timetable set down in  paragraph 2, including full information on the scope and deadline of the derogation. 6.  The Kingdom of Spain and the Portuguese Republic may grant a derogation of one year from the  time limit set down in paragraph 2 (b). Article 7 Amendments to the Annexes Except for the limit values refered to in Annex II, point 2, the amendments necessary for adapting  the Annexes to this Directive to technical progress shall be adopted in accordance with the  procedure specified in Article 8. Article 8 The committee 1.  The Commission shall be assisted by a committee composed of the representatives of the Member  States and chaired by the representative of the Commission. 2.  The representative of the Commission shall submit to the committee a draft of the measures to  be taken. The committee shall deliver its opinion on the draft within a time limit which the  chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the committee shall be weighted in the manner set out in that Article. The chairman  shall not vote. 3.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of  the committee. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion  is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the  measures to be taken. The Council shall act by a qualified majority. 4.  If on the expiry of three months from the date of referral to it the Council has not acted, the  proposed measures shall be adopted by the Commission. Article 9 Monitoring and reporting The reports on the implementation of this Directive shall be established according to the procedure  laid down in Article 5 of Council Directive 91/692/EEC of 23 December 1991 standardizing and  rationalizing reports on the implementation of certain Directives relating to the environment (1).  The Commission is invited to accompany its first report where appropriate with proposals for the  amendment of this Directive, including in particular the extension of the scope to include vapour  control and recovery systems for loading installations and ships. Article 10 Transposition into national legislation 1.  Member States shall bring into force the laws, regulations and administrative provisions  necessary to comply with this Directive by 31 December 1995. They shall forthwith inform the  Commission thereof. When these measures are adopted by Member States, they shall contain a reference to this Directive  or shall be accompanied by such reference on the occasion of their official publication. The  methods of making such a reference shall be laid down by the Member States. 2.  Member States shall communicate to the Commission the texts of the provisions of national law  which they adopt in the field governed by this Directive. Article 11 Final provision This Directive is addressed to the Member States. Done at Brussels, 20 December 1994. For the European Parliament The President K. HAENSCH For the Council The President K. KINKEL (1) OJ No C 227, 3. 9. 1992, p. 3 and OJ No C 270, 6. 10. 1993, p. 12. (2) OJ No C 73, 15. 3. 1993, p. 6. (3) Opinion of the European Parliament of 24 June 1994 (OJ No C 194, 19. 7. 1993, p. 325), Council  common position of 4 October 1993 (not yet published in the Official Journal) and Decision of the  European Parliament of 9 March 1994 (OJ No C 91, 28. 3. 1994, p. 82). Confirmed on 2 December 1994  (OJ No C 342, 20. 12. 1993, p. 15). Joint text of the Conciliation Committee of 8 November 1994. (4) OJ No C 112, 20. 12. 1973, p. 1, OJ No C 139, 13. 6. 1977, p. 1; OJ No C 46, 17. 2. 1983, p. 1  and OJ No C 328, 7. 12. 1987, p. 1. (5) OJ No L 242, 30. 8. 1991, p. 1. (1) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Commission Decision 92/400/EEC (OJ  No L 221, 6. 8. 1992, p. 55). (1) OJ No L 301, 28. 10. 1982, p. 1. (1) OJ No L 377, 31. 12. 1991, p. 48.  ANNEX I REQUiREMENTS FOR STORAGE INSTALLATIONS AT TERMINALS 1.  The external wall and  roof of tanks above ground must be painted in a colour with a total radiant heat reflectance of 70  % or more. These operations may be programmed so as to be carried out as part of the usual  maintenance cycles of the tanks within a period of three years. Member States may grant a  derogation from this provision where required for the protection of special landscape areas which  have been designated by national authority. This provision shall not apply to tanks linked to a vapour recovery unit which conforms with the  requirements set out in Annex II, point 2. 2.  Tanks with external floating roofs must be equipped with a primary seal to cover the annular  space between the tank wall and the outer periphery of the floating roof and with a secondary seal  fitted above the primary seal. The seals should be designed to achieve an overall containment of  vapours of 95 % or more as compared to a comparable fixed-roof tank with no vapour-containment  controls (that is a fixed-roof tank with only vacuum/pressure relief valve). 3.  All new storage installations at terminals, where vapour recovery is required according to  Article 4 of the Directive (see Annex II) must be either: (a) fixed-roof tanks connected to the vapour recovery unit in conformity with the requirements of  Annex II; or (b) designed with a floating roof, either external or internal, equipped with primary and secondary  seals to meet the performance requirements set down in point 2. 4.  Existing fixed-roof tanks must either: (a) be connected to a vapour-recovery unit in conformity with the requirements of Annex II; or (b) have an internal floating roof with a primary seal which should be designed to achieve an  overall containment of vapours of 90 % or more in relation to a comparable fixed-roof tank with no  vapour controls. 5.  The requirements for vapour-containment controls mentioned under points 3 and 4 do not apply to  fixed-roof tanks at terminals, where intermediate storage of vapours is permitted according to  Annex II, point 1.  ANNEX II REQUIREMENTS FOR LOADING AND UNLOADING INSTALLATIONS AT TERMINALS 1.   Displacement vapours from the mobile container being loaded must be returned through a vapour-tight  connection line to a vapour recovery unit for regeneration at the terminal. This provision does not apply to top-loading tankers as long as that loading system is permitted. At terminals which load petrol onto vessels, a vapour incineration unit may be substituted for a  vapour recovery unit if vapour recovery is unsafe or technically impossible because of the volume  of return vapour. The requirements concerning atmospheric emissions from the vapour recovery unit  shall also apply to the vapour incineration unit. At terminals with a throughput of less than 25 000 tonnes/year, intermediate storage of vapours may  be substituted for immediate vapour recovery at the terminal. 2.  The mean concentration of vapours in the exhaust from the vapour recovery - unit corrected for  dilution during treatment - must not exceed 35 g/normal cubic metre (Nm³) for any one hour. For vapour recovery units, installed before 1 January 1993, the United Kingdom may grant a  derogation from the limit value of 35 g/Nm³ for any one hour, set down in this Annex, subject to  the following conditions: - the installation shall meet a limit value of 50 g/Nm³ for any one hour measured according to the  specifications set down in this Annex, - the derogation shall expire at the latest nine years from the date referred to in Article 10 of  the Directive, - the Commission shall be notified of the individual installations affected by this derogation  including information on their throughput of petrol and vapour emissions from the installation. The Member States' competent authorities must ensure that the measurement and analysis methods and  their frequency are established. The measurements must be made over the course of one full working day (seven hours minimum) of  normal throughput. Measurements may be continuous or discontinuous. If discontinuous measurements are employed, at  least four measurements per hour must be made. The overall measurement error due to the equipment used, the calibration gas and the procedure used  must not exceed 10 % of the measured value. The equipment used must be capable of measuring concentrations at least as low as 3 g/Nm³. The precision must be at least 95 % of the measured value. 3.  The Member States' competent authorities must ensure that the connection lines and pipe  installations are checked regularly for leaks. 4.  The Member States' competent authorities must ensure that loading operations are shut down at  the gantry in the case of a leak of vapour. Equipment for such shutdown operations must be  installed at the gantry. 5.  Where top-loading of mobile containers is permissible, the outlet of the loading arm must be  kept near the bottom of the mobile container, in order to avoid splash loading.  ANNEX III REQUIREMENTS FOR LOADING AND STORAGE INSTALLATIIONS AT SERVICE STATIONS AND  TERMINALS WHERE THE INTERMEDIATE STORAGE OF VAPOURS IS CARRIED OUT Vapours displaced by the  delivery of petrol into storage installations at service stations and in fixed-roof tanks used for  the intermediate storage of vapours must be returned through a vapour-tight connection line to the  mobile container delivering the petrol. Loading operations may not take place unless the  arrangements are in place and properly functioning.  ANNEX IV SPECIFICATIONS FOR BOTTOM-LOADING, VAPOUR COLLECTION AND OVERFILL PROTECTION OF  EUROPEAN ROAD TANKERS 1. Couplings 1.1. The liquid coupler on the loading arm must be a female coupler which must mate with a 4-inch  API (101,6 mm) male adapter located on the vehicle as defined by: - API Recommended Practice 1004 Seventh Edition, November 1988. Bottom loading and vapour recovery for MC-306 tank motor vehicles (Section 2.1.1.1 - Type of  adapter used for bottom loading) 1.2. The vapour-collection coupler on the loading-gantry vapour-collection hose must be a  cam-and-groove female coupler which must mate with a 4-inch (101,6 mm) cam-and-groove male adapter  located on the vehicle as defined by: - API Recommended Practice 1004 Seventh Edition November 1988. Bottom loading and vapour recovery for MC-306 tank motor vehicles (Section 4.1.1.2 -  Vapour-recovery adapter) 2. Loading conditions 2.1. The normal liquid-loading rate must be 2 300 litres per minute (maximum 2 500 litres per  minute) per loading arm. 2.2. When the terminal is operating at peak demand, its loading gantry vapour collection system,  including the vapour-recovery unit, is allowed to generate a maximum counterpressure of 55 millibar  on the vehicle side of the vapour-collection adapter. 2.3. All approved bottom-loading vehicles will carry an identification plate which specified the  maximum permitted number of loading arms which may be operated simultaneously whilst ensuring that  no vapours are released via the compartment P and V valves, when the maximum plant back pressure is  55 millibar as specified in 2.2. 3. Connection of vehicle earth/overfill detection The loading gantry must be equipped with an overfill-detection control unit which, when connected  to the vehicle, must provide a fail-safe permission signal to enable loading, providing no  compartment-overfill sensors detect a high level. 3.1. The vehicle must be connected to the control unit on the gantry via a 10-pin industry-standard  electrical connector. The male connector must be mounted on the vehicle and the female connector  must be attached to a flying lead connected to the gantry-mounted control unit. 3.2. The high-level detectors on the vehicle must be either 2-wire thermistor sensors, 2-wire  optical sensors, 5-wire optical sensors or a compatible equivalent, provided the system is  fail-safe. (NB: thermistors must have a negative temperature coefficient.) 3.3. The gantry control unit must be suitable for both 2-wire and 5-wire vehicle systems. 3.4. The vehicle must be bonded to the gantry via the common return wire of the overfill sensors,  which must be connected to pin 10 on the male connector via the vehicle chassis. Pin 10 on the  female connector must be connected to the control-unit enclosure which must be connected to the  gantry earth. 3.5. All approved bottom-loading vehicles must carry an identification plate (see 2.3) which  specifies the type of overfill-detection sensors installed (i. e. 2-wire or 5-wire). 4. Location of the connections 4.1. The design of the liquid-loading and vapour collection facilities on the loading gantry must  be based on the following vehicle-connection envelope. 4.1.1. The height of the centre line of the liquid adapters must be: maximum 1,4 metres (unladen);  minimum 0,5 metre (laden), the preferred height being 0,7 to 1,0 metres). 4.1.2. The horizontal spacing of the adapters must be not less than 0,25 metres (preferred minimum  spacing is 0,3 metres). 4.1.3. All liquid adapters must be located within an envelope not exceeding 2,5 metres in length. 4.1.4. The vapour-collection adapter should be located preferably to the right of the liquid  adapters and at a height not exceeding 1,5 metres (unladen) and not less than 0,5 metres (laden). 4.2. The earth/overfill connector must be located to the right of the liquid and vapour-collection  adapters and at a height not exceeding 1,5 metres (unladen) and not less than 0,5 metre (laden). 4.3. The above connections must be located on one side of the vehicle only. 5. Safety interlocks 5.1. Earth/Overfill detection Loading must not be permitted unless a permissive signal is provided by the combined earth/overfill  control unit. In the event of an overfill condition or a loss of vehicle earth, the control unit on the gantry  must close the gantry-loading control valve. 5.2. Vapour-collection detection Loading must not be permitted unless the vapour-collection hose has been connected to the vehicle  and there is a free passage for the displaced vapours to flow from the vehicle into the plant  vapour-collection system.


Avis juridique important

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31974L0483

Council Directive 74/483/EEC of 17 September 1974 on the approximation of the laws of the Member States relating to the external projections of motor vehicles

Official Journal L 266 , 02/10/1974 P. 0004 - 0013 Finnish special edition: Chapter 13 Volume 4 P. 0058  Greek special edition: Chapter 13 Volume 3 P. 0012  Swedish special edition: Chapter 13 Volume 4 P. 0058  Spanish special edition: Chapter 13 Volume 4 P. 0031  Portuguese special edition Chapter 13 Volume 4 P. 0031

COUNCIL DIRECTIVE  of 17 September 1974  on the approximation of the laws of the Member States relating to the external projections of motor vehicles  (74/483/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee;  Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to external projections;  Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules in order, in particular, to allow the EEC type-approval procedure which was the subject of Council Directive No 70/156/EEC (2) of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers to be applied in respect of each type of vehicle;  Whereas it is desirable to adopt certain technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 26 ("Uniform provisions concerning the approval of vehicles with regard to their external projections") (3), annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts;  Whereas these requirements apply to motor vehicles of category M1 (the international classification of motor vehicles is given in Directive No 70/156/EEC);  Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of inspection carried out by each of them on the basis of common requirements ; whereas, such a system must, if it is to function smoothly, be applied by all Member States with effect from the same date,  HAS ADOPTED THIS DIRECTIVE:    Article 1 For the purposes of this Directive, "vehicle" means any motor vehicle of class M1 (defined in Annex I of Directive No 70/156/EEC) designed for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.   Article 2 No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the external projections if such projections satisfy the requirements laid down in Annexes I and II.   Article 3 No Member State may refuse to register or prohibit the sale, entry into service or use of any vehicle on grounds relating to the external projections if such projections satisfy the requirements laid down in Annexes I and II.   Article 4 The Member State which has granted type-approval shall take the necessary measures to ensure that it is informed of any modification of a part or  (1)OJ No C 55, 13.5.1974, p. 14. (2)OJ No L 42, 23.2.1970, p. 1. (3)>PIC FILE= "T0006118">  characteristic referred to in item 2.2 of Annex I. The competent authorities of that State shall determine whether fresh tests should be carried out on the modified vehicle type and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.   Article 5 Modifications which are necessary to adapt the provisions of Annexes I, II and III to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive No 70/156/EEC.   Article 6 1. By 1 June 1975, the Member States shall adopt and publish the provisions necessary to comply with this Directive and shall immediately inform the Commission thereof.  They shall apply these provisions from 1 October 1975.  2. As soon as this Directive has been notified, the Member States shall ensure that any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive are communicated to the Commission in sufficient time for the Commission to submit its comments thereon.   Article 7 This Directive is addressed to the Member States.     Done at Brussels, 17 September 1974.  For the Council  The President  J. SAUVAGNARGUES      ANNEX I GENREAL DEFINITIONS, APPLICATIONS FOR EEC TYPE-APPROVAL, EEC TYPE-APPROVAL, GENERAL SPECIFICATIONS, PARTICULAR SPECIFICATIONS, CONFORMITY OF PRODUCTION    1. GENERAL      1.1. The provisions of this Annex do not apply to exterior rear view mirrors or to accessories such as radio aerials and luggage racks.           1.2. The purpose of these provisions is to reduce the risk or seriousness of bodily injury to a person hit by the bodywork or brushing against it in the event of a collision.                  2. DEFINITIONS  For the purposes of this Directive:      2.1. "type-approval of a vehicle" means the approval of a vehicle type with regard to its external projections;           2.2. "vehicle type as regards its external projections" means a category of motor vehicles not differing in such essential respects as shape or materials of the external surface;           2.3. "external surface" means the structural unit constituting the outside of the vehicle and including the bonnet, the lid of the luggage compartment, the doors, the wings, and the visible strengthening components;           2.4. "floor line" means the line determined as follows:  successively position round a vehicle a cone with a vertical axis and with a half angle of 30º in such a way that it contacts, constantly and as low as possible, the external surface of the bodywork. The floor line is the geometric trace of these points of contact. In determining the floor line, the jacking points, exhaust pipes or wheels will not be taken into consideration. The gaps of the wheel arches are assumed to be filled in by an imaginary surface forming a smooth continuation of the surrounding external surface;           2.5. "radius of curvature" means the approximate extent of the rounding as distinct from a precise geometrical form.                  3. APPLICATION FOR EEC TYPE-APPROVAL      3.1. The application for EEC type-approval of a vehicle type with regard to its external projections shall be submitted by the vehicle manufacturer or by his authorized representative.           3.2. It shall be accompanied by the undermentioned documents in triplicate:        3.2.1. photographs of the front, rear and side parts of the vehicle;  (1)The text of the Annexes in basically similar to that of Regulation No 26 of the Economic Commission for Europe of the United Nations. In particular the subdivision of the sections is the same. Where an item of Regulation No 26 has no corresponding item in the Annexes, the number is none the less given for the record in brackets.                3.2.2. drawings, with dimensions, of the bumpers and, where appropriate;               3.2.3. drawings of certain external projections and if applicable drawings of certain sections of the external surface referred to in 6.9.1.                          3.3. The following shall be submitted to the technical service responsible for the type-approval tests:        3.3.1. either a vehicle representative of the vehicle type to be type-approved or the part or parts of the vehicle regarded as essential for the checks and tests prescribed by this Annex;               3.3.2. at the request of the aforesaid technical service, certain components and certain samples of the materials used.                                 4. EEC TYPE-APPROVAL  (4.1.)   (4.2.)    (4.3.)   (4.4.)   (4.4.1.)    (4.4.2.)   (4.5.)    4.6. A form conforming to the model in Annex III shall be attached to the EEC type-approval certificate.        5. GENERAL SPECIFICATIONS      5.1. The provisions of this Annex shall not apply to those parts of the external surface which, with the vehicle in the laden condition, with all doors, windows and access lids etc., in the closed position, are either:        5.1.1. at a height of more than 2 m ; or               5.1.2. below the floor line ; or               5.1.3. so located that, in static conditions, they cannot be contacted by a sphere 100 mm in diameter.                          5.2. The external surface of vehicles shall not exhibit, directed outwards, any pointed or sharp parts or any projections of such shape, dimensions, direction or hardness as to be likely to increase the risk or seriousness of bodily injury to a person hit by the external surface or brushing against it in the event of a collision.           5.3. The external surface of vehicles shall not exhibit, directed outwards, any parts likely to catch on pedestrians, cyclists or motor cyclists.           5.4. Subject to the provisions of items 5.5, 6.1.3, 6.3, 6.4.2, 6.7.1, 6.8.1, 6.10, below, no protruding part of the external surface shall have a radius of curvature less than 2.5 mm.            5.5. Protruding parts of the external surface, made of a material of hardness not exceeding 60 shore A, may have a radius of curvature less than 2 75 mm.                  6. PARTICULAR SPECIFICATIONS    6.1. Ornaments      6.1.1. Added ornaments which project more than 10 mm from their support shall retract, become detached or bend over under a force of 10 daN exerted at their most salient point in any direction in a plane approximately parallel to the surface on which they are mounted. These provisions shall not apply to ornaments on radiator grilles, to which only the general requirements of item 5 shall apply.           6.1.2. Protective strips or shielding on the external surface shall not be subject to the requirements of item 6.1.1 above. However, they shall be firmly secured to the vehicle.           6.1.3. If the added ornaments are less than 5 mm thick, the requirement of a 2 75 mm minimum radius of curvature shall not apply, but the outward facing angles of such ornaments shall be blunted.                  6.2. Headlights      6.2.1. Projecting visors and rims shall be permitted on headlights, provided that their projection, as measured in relation to the external transparent surface of the headlight does not exceed 30 mm and their radius of curvature is at least 2.5 mm throughout.           6.2.2. Retracting headlights shall meet the requirements of item 6.2.1 above in both the operative and retracted positions.                  6.3. Grilles and gaps      6.3.1. The requirements of item 5.4 shall not apply to gaps between fixed or movable elements including those forming part of air intake or outlet grilles and radiator grilles, provided that the distance between consecutive elements does not exceed 40 mm. For gaps of between 40 mm and 25 mm the radii of curvature shall be of 1 mm or more. However, if the distance between two consecutive elements is equal to or less than 25 mm, the radii of curvature of external faces of the elements shall not be less than 0 75 mm.           6.3.2. The junction of the front with the side faces of each element forming a grille or gap shall be blunted.                  6.4. Windscreen wipers      6.4.1. The windscreen-wiper fittings shall be such that the wiper shaft is furnished with a protective casing which has a radius of curvature meeting the requirements of item 5.4 above and a surface of not less than 150 mm2.           6.4.2. Item 5.4 shall not apply to the wiper blades or to any supporting members. However, these units shall be so made as to have no sharp angles or pointed or cutting parts of a non-functional nature.                  6.5. Bumpers      6.5.1. The ends of the bumpers shall be turned in towards the external surface in order to reduce the risk of fouling.            6.5.2. The components of the bumper shall be so designed that all rigid surfaces facing outwards have a minimum radius of curvature of 5 mm.                  6.6. Handles, hinges and push-buttons of doors, luggage compartments and flaps ; tank openings and covers.      6.6.1. The projection shall not exceed 40 mm in the case of lateral door handles and 30 mm in all other cases,           6.6.2. If lateral door handles turn to operate, they shall meet the following requirements:        6.6.2.1. the open end of the handle must be directed towards the rear and the handle so arranged that it turns parallel to the plane of the door and does not pivot outwards;               6.6.2.2. the end of the handle must be turned back towards the door and fitted into a recess.                                 6.7. Wheel nuts, hub caps and wheel discs      6.7.1. The requirements of item 5.4 shall not apply.           6.7.2. The wheel nuts, hub caps and wheel discs shall not exhibit any fin-shaped projections.           6.7.3. When the vehicle is travelling in a straight line, no part of the wheels other than the tyres, situated above the horizontal plane passing through their axis of rotation shall project beyond the vertical projection, in a horizontal plane, of the external surface or structure. However, if functional requirements so warrant, wheel discs which cover wheel and hub nuts may project beyond the vertical projection of the external surface or structure on condition that the radius of curvature of the surface of the projecting part is not less than 30 mm and that the projection beyond the vertical projection of the external surface or structure in no case exceeds 30 mm.                  6.8. Sheet-metal edges      6.8.1. Sheet-metal edges, such as gutter edges and the rails of sliding doors shall not be permitted unless they are folded back or are fitted with a shield meeting the requirements of this Annex which are applicable to it.                  6.9. Body panels      6.9.1. Folds in body panels may have a radius of curvature of less than 2 75 mm, provided that it is not less than one-tenth of the height "H" of the projection, measured in accordance with the method described in Annex II.                  6.10. Lateral air or rain deflectors      6.10.1. Lateral deflectors shall have a radius of curvature of at least 1 mm on edges capable of being directed outwards.                  6.11. Jacking brackets      6.11.1. The jacking bracket shall not project more than a distance of 10 mm beyond the vertical projection of the floor line lying directly above it.             (7.)  (7.1.)   (7.1.1.)   (7.1.2.)  (7.2.)   8. CONFORMITY OF PRODUCTION  (8.1.)   8.2. In order to verify conformity with the approved type, a sufficient number of random checks shall be performed on serially produced vehicles.    (9.)   (9.1.)   (9.2.)   (10.)              ANNEX II METHOD FOR DETERMINING THE HEIGHT OF EXTERNAL SURFACE PROJECTIONS    1. The height H of a projection is determined graphically by reference to the circumference of a 165 mm diameter circle, internally tangential to the external outline of the external surface at the section to be checked.       2. H is the maximum value of the distance, measured along a straight line passing through the centre of the 165 mm diameter circle, between the circumference of the aforesaid circle and the external contour of the projection (see Fig. 1).       3. In cases where it is not possible for a 100 mm diameter circle to contact externally part of the external outline of the external surface at the section under consideration, the surface outline in this area will be assumed to be that formed by the circumference of the 100 mm diameter circle between its tangent points with the external outline (see Fig. 2).       4. Drawings of the necessary sections through the external surface shall be provided by the manufacturer to allow the height of the projections referred to above to be measured.         >PIC FILE= "T0006119">       ANNEX III MODEL >PIC FILE= "T0006120">