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31993L0013

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts

Official Journal L 095 , 21/04/1993 P. 0029 - 0034 Finnish special edition: Chapter 15 Volume 12 P. 0169  Swedish special edition: Chapter 15 Volume 12 P. 0169

COUNCIL DIRECTIVE 93/13/EEC of 5 April 1993 on unfair terms in consumer contractsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 A thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas it is necessary to adopt measures with the aim of progressively establishing the internal market before 31 December 1992; whereas the internal market comprises an area without internal frontiers in which goods, persons, services and capital move  freely;  Whereas the laws of Member States relating to the terms of contract between the seller of goods or supplier of services, on the one hand, and the consumer of them, on the other hand, show many disparities, with the result that the national markets for  the sale of goods and services to consumers differ from each other and that distortions of competition may arise amongst the sellers and suppliers, notably when they sell and supply in other Member States;  Whereas, in particular, the laws of Member States relating to unfair terms in consumer contracts show marked divergences;  Whereas it is the responsibility of the Member States to ensure that contracts concluded with consumers do not contain unfair terms;  Whereas, generally speaking, consumers do not know the rules of law which, in Member States other than their own, govern contracts for the sale of goods or services; whereas this lack of awareness may deter them from direct transactions for the purchase  of goods or services in another Member State;  Whereas, in order to facilitate the establishment of the internal market and to safeguard the citizen in his role as consumer when acquiring goods and services under contracts which are governed by the laws of Member States other than his own, it is  essential to remove unfair terms from those contracts;  Whereas sellers of goods and suppliers of services will thereby be helped in their task of selling goods and supplying services, both at home and throughout the internal market; whereas competition will thus be stimulated, so contributing to increased  choice for Community citizens as consumers;  Whereas the two Community programmes for a consumer protection and information policy (4) underlined the importance of safeguarding consumers in the matter of unfair terms of contract; whereas this protection ought to be provided by laws and regulations  which are either harmonized at Community level or adopted directly at that level;  Whereas in accordance with the principle laid down under the heading 'Protection of the economic interests of the consumers', as stated in those programmes: 'acquirers of goods and services should be protected against the abuse of power by the seller or  supplier, in particular against one-sided standard contracts and the unfair exclusion of essential rights in contracts';  Whereas more effective protection of the consumer can be achieved by adopting uniform rules of law in the matter of unfair terms; whereas those rules should apply to all contracts concluded between sellers or suppliers and consumers; whereas as a result  inter alia contracts relating to employment, contracts relating to succession rights, contracts relating to rights under family law and contracts relating to the incorporation and organization of companies or partnership agreements must be excluded from  this Directive;  Whereas the consumer must receive equal protection under contracts concluded by word of mouth and written contracts regardless, in the latter case, of whether the terms of the contract are contained in one or more documents;  Whereas, however, as they now stand, national laws allow only partial harmonization to be envisaged; whereas, in particular, only contractual terms which have not been individually negotiated are covered by this Directive; whereas Member States should  have the option, with due regard for the Treaty, to afford consumers a higher level of protection through national provisions that are more stringent than those of this Directive;  Whereas the statutory or regulatory provisions of the Member States which directly or indirectly determine the terms of consumer contracts are presumed not to contain unfair terms; whereas, therefore, it does not appear to be necessary to subject the  terms which reflect mandatory statutory or regulatory provisions and the principles or provisions of international conventions to which the Member States or the Community are party; whereas in that respect the wording 'mandatory statutory or regulatory  provisions' in Article 1 (2) also covers rules which, according to the law, shall apply between the contracting parties provided that no other arrangements have been established;  Whereas Member States must however ensure that unfair terms are not included, particularly because this Directive also applies to trades, business or professions of a public nature;  Whereas it is necessary to fix in a general way the criteria for assessing the unfair character of contract terms;  Whereas the assessment, according to the general criteria chosen, of the unfair character of terms, in particular in sale or supply activities of a public nature providing collective services which take account of solidarity among users, must be  supplemented by a means of making an overall evaluation of the different interests involved; whereas this constitutes the requirement of good faith; whereas, in making an assessment of good faith, particular regard shall be had to the strength of the  bargaining positions of the parties, whether the consumer had an inducement to agree to the term and whether the goods or services were sold or supplied to the special order of the consumer; whereas the requirement of good faith may be satisfied by the  seller or supplier where he deals fairly and equitably with the other party whose legitimate interests he has to take into account;  Whereas, for the purposes of this Directive, the annexed list of terms can be of indicative value only and, because of the cause of the minimal character of the Directive, the scope of these terms may be the subject of amplification or more restrictive  editing by the Member States in their national laws;  Whereas the nature of goods or services should have an influence on assessing the unfairness of contractual terms;  Whereas, for the purposes of this Directive, assessment of unfair character shall not be made of terms which describe the main subject matter of the contract nor the quality/price ratio of the goods or services supplied; whereas the main subject matter  of the contract and the price/quality ratio may nevertheless be taken into account in assessing the fairness of other terms; whereas it follows, inter alia, that in insurance contracts, the terms which clearly define or circumscribe the insured risk and  the insurer's liability shall not be subject to such assessment since these restrictions are taken into account in calculating the premium paid by the consumer;  Whereas contracts should be drafted in plain, intelligible language, the consumer should actually be given an opportunity to examine all the terms and, if in doubt, the interpretation most favourable to the consumer should prevail;  Whereas Member States should ensure that unfair terms are not used in contracts concluded with consumers by a seller or supplier and that if, nevertheless, such terms are so used, they will not bind the consumer, and the contract will continue to bind  the parties upon those terms if it is capable of continuing in existence without the unfair provisions;  Whereas there is a risk that, in certain cases, the consumer may be deprived of protection under this Directive by designating the law of a non-Member country as the law applicable to the contract; whereas provisions should therefore be included in this  Directive designed to avert this risk;  Whereas persons or organizations, if regarded under the law of a Member State as having a legitimate interest in the matter, must have facilities for initiating proceedings concerning terms of contract drawn up for general use in contracts concluded  with consumers, and in particular unfair terms, either before a court or before an administrative authority competent to decide upon complaints or to initiate appropriate legal proceedings; whereas this possibility does not, however, entail prior  verification of the general conditions obtaining in individual economic sectors;  Whereas the courts or administrative authorities of the Member States must have at their disposal adequate and effective means of preventing the continued application of unfair terms in consumer contracts,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. The purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States relating to unfair terms in contracts concluded between a seller or supplier and a consumer.  2. The contractual terms which reflect mandatory statutory or regulatory provisions and the provisions or principles of international conventions to which the Member States or the Community are party, particularly in the transport area, shall not be  subject to the provisions of this Directive.  Article 2  For the purposes of this Directive:  (a) 'unfair terms' means the contractual terms defined in Article 3;  (b) 'consumer' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business or profession;  (c) 'seller or supplier' means any natural or legal person who, in contracts covered by this Directive, is acting for purposes relating to his trade, business or profession, whether publicly owned or privately owned.  Article 3  1. A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract,  to the detriment of the consumer.  2. A term shall always be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term, particularly in the context of a pre-formulated standard  contract.  The fact that certain aspects of a term or one specific term have been individually negotiated shall not exclude the application of this Article to the rest of a contract if an overall assessment of the contract indicates that it is nevertheless a  pre-formulated standard contract.  Where any seller or supplier claims that a standard term has been individually negotiated, the burden of proof in this respect shall be incumbent on him.  3. The Annex shall contain an indicative and non-exhaustive list of the terms which may be regarded as unfair.  Article 4  1. Without prejudice to Article 7, the unfairness of a contractual term shall be assessed, taking into account the nature of the goods or services for which the contract was concluded and by referring, at the time of conclusion of the  contract, to all the circumstances attending the conclusion of the contract and to all the other terms of the contract or of another contract on which it is dependent.  2. Assessment of the unfair nature of the terms shall relate neither to the definition of the main subject matter of the contract nor to the adequacy of the price and remuneration, on the one hand, as against the services or goods supplies in exchange,  on the other, in so far as these terms are in plain intelligible language.  Article 5  In the case of contracts where all or certain terms offered to the consumer are in writing, these terms must always be drafted in plain, intelligible language. Where there is doubt about the meaning of a term, the interpretation most  favourable to the consumer shall prevail. This rule on interpretation shall not apply in the context of the procedures laid down in Article 7 (2).  Article 6  1. Member States shall lay down that unfair terms used in a contract concluded with a consumer by a seller or supplier shall, as provided for under their national law, not be binding on the consumer and that the contract shall continue to  bind the parties upon those terms if it is capable of continuing in existence without the unfair terms.  2. Member States shall take the necessary measures to ensure that the consumer does not lose the protection granted by this Directive by virtue of the choice of the law of a non-Member country as the law applicable to the contract if the latter has a  close connection with the territory of the Member States.  Article 7  1. Member States shall ensure that, in the interests of consumers and of competitors, adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers.  2. The means referred to in paragraph 1 shall include provisions whereby persons or organizations, having a legitimate interest under national law in protecting consumers, may take action according to the national law concerned before the courts or  before competent administrative bodies for a decision as to whether contractual terms drawn up for general use are unfair, so that they can apply appropriate and effective means to prevent the continued use of such terms.  3. With due regard for national laws, the legal remedies referred to in paragraph 2 may be directed separately or jointly against a number of sellers or suppliers from the same economic sector or their associations which use or recommend the use of the  same general contractual terms or similar terms.  Article 8  Member States may adopt or retain the most stringent provisions compatible with the Treaty in the area covered by this Directive, to ensure a maximum degree of protection for the consumer.  Article 9  The Commission shall present a report to the European Parliament and to the Council concerning the application of this Directive five years at the latest after the date in Article 10 (1).  Article 10  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 31 December 1994. They shall forthwith inform the Commission thereof.  These provisions shall be applicable to all contracts concluded after 31 December 1994.  2. When Member States adopt these measures, 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.  3. Member States shall communicate the main provisions of national law which they adopt in the field covered by this Directive to the Commission.  Article 11  This Directive is addressed to the Member States.  Done at Luxembourg, 5 April 1993.  For the Council The President N. HELVEG PETERSEN (1) OJ No C 73, 24. 3. 1992, p. 7.  (2) OJ No C 326, 16. 12. 1991, p. 108 and OJ No C 21, 25. 1. 1993.  (3) OJ No C 159, 17. 6. 1991, p. 34.  (4) OJ No C 92, 25. 4. 1975, p. 1 and OJ No C 133, 3. 6. 1981, p. 1.    ANNEX   TERMS REFERRED TO IN ARTICLE 3 (3)  1. Terms which have the object or effect of:  (a) excluding or limiting the legal liability of a seller or supplier in the event of the death of a consumer or personal injury to the latter resulting from an act or omission of that seller or supplier;  (b) inappropriately excluding or limiting the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual  obligations, including the option of offsetting a debt owed to the seller or supplier against any claim which the consumer may have against him;  (c) making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realization depends on his own will alone;  (d) permitting the seller or supplier to retain sums paid by the consumer where the latter decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the seller or supplier  where the latter is the party cancelling the contract;  (e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;  (f) authorizing the seller or supplier to dissolve the contract on a discretionary basis where the same facility is not granted to the consumer, or permitting the seller or supplier to retain the sums paid for services not yet supplied by him where it  is the seller or supplier himself who dissolves the contract;  (g) enabling the seller or supplier to terminate a contract of indeterminate duration without reasonable notice except where there are serious grounds for doing so;  (h) automatically extending a contract of fixed duration where the consumer does not indicate otherwise, when the deadline fixed for the consumer to express this desire not to extend the contract is unreasonably early;  (i) irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract;  (j) enabling the seller or supplier to alter the terms of the contract unilaterally without a valid reason which is specified in the contract;  (k) enabling the seller or supplier to alter unilaterally without a valid reason any characteristics of the product or service to be provided;  (l) providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the  final price is too high in relation to the price agreed when the contract was concluded;  (m) giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract;  (n) limiting the seller's or supplier's obligation to respect commitments undertaken by his agents or making his commitments subject to compliance with a particular formality;  (o) obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his;  (p) giving the seller or supplier the possibility of transferring his rights and obligations under the contract, where this may serve to reduce the guarantees for the consumer, without the latter's agreement;  (q) excluding or hindering the consumer's right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence  available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract.  2. Scope of subparagraphs (g), (j) and (l) (a) Subparagraph (g) is without hindrance to terms by which a supplier of financial services reserves the right to terminate unilaterally a contract of indeterminate duration without notice where there is a valid reason, provided that the supplier is  required to inform the other contracting party or parties thereof immediately.  (b) Subparagraph (j) is without hindrance to terms under which a supplier of financial services reserves the right to alter the rate of interest payable by the consumer or due to the latter, or the amount of other charges for financial services without  notice where there is a valid reason, provided that the supplier is required to inform the other contracting party or parties thereof at the earliest opportunity and that the latter are free to dissolve the contract immediately.  Subparagraph (j) is also without hindrance to terms under which a seller or supplier reserves the right to alter unilaterally the conditions of a contract of indeterminate duration, provided that he is required to inform the consumer with reasonable  notice and that the consumer is free to dissolve the contract.  (c) Subparagraphs (g), (j) and (l) do not apply to:  - transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the seller or supplier does not control;  - contracts for the purchase or sale of foreign currency, traveller's cheques or international money orders denominated in foreign currency;  (d) Subparagraph (l) is without hindrance to price-indexation clauses, where lawful, provided that the method by which prices vary is explicitly described.


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31987L0481

Commission Directive 87/481/EEC of 9 September 1987 amending Council Directive 70/458/EEC on the marketing of vegetable seed

Official Journal L 273 , 26/09/1987 P. 0045 - 0045 Finnish special edition: Chapter 3 Volume 24 P. 0133  Swedish special edition: Chapter 3 Volume 24 P. 0133

*****COMMISSION  DIRECTIVE  of 9 September 1987  amending Council Directive 70/458/EEC on the marketing of vegetable seed  (87/481/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/458/EEC of 29 September 1970 on the marketing of vegetable seed (1), as last amended by Commission Directive 87/120/EEC (2), and in particular Article 40a thereof,  Whereas, in the light of the development of scientific and technical knowledge, it is desirable to amend the conditions laid down in Annex I to Directive 70/458/EEC for crop isolation for the production of spinach beet seed and beetroot seed;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Annex I (4) to Directive 70/458/EEC is hereby amended as follows:  1. The following item is inserted:  1.2 // 'A. Beta vulgaris   //   // 1. From any pollen sources of the genus Beta not included below   // 1 000 metres;   // 2. From pollen sources of varieties of the same subspecies belonging to a different group of varieties:   //   // (a) for basic seed   // 1 000 metres,   // (b) for certified seed  // 600 metres;   // 3. From pollen sources of varieties of the same subspecies belonging to the same group of varieties:   //  // (a) for basic seed   // 600 metres,   // (b) for certified seed   // 300 metres.  The groups of varieties referred to in 2 and 3 shall be determined in accordance with the procedure laid down in Article 40.'  2. The existing item A is redesignated 'Aa' and the words 'Beta and' are deleted wherever they appear.  Article 2  Member States shall take the measures necessary to comply with this Directive not later than 1 July 1989. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 9 September 1987.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 225, 12. 10. 1970, p. 7.  (2) OJ No L 49, 18. 2. 1987, p. 39.


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31994L0036

European Parliament and Council Directive 94/36/EC of 30 June 1994 on colours for use in foodstuffs

Official Journal L 237 , 10/09/1994 P. 0013 - 0029 Finnish special edition: Chapter 13 Volume 27 P. 0015  Swedish special edition: Chapter 13 Volume 27 P. 0015

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 94/36/ECof 30 June 1994on  colours for use in foodstuffsTHE 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 Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws  of the Member States concerning food additives authorized for use in foodstuffs intended for human  consumption (1), and in particular Article 3 (2) thereof, Having regard to the proposal from the Commission (2), Having regard to the opinion of the Economic and Social Committee (3), Acting in accordance with the procedure referred to in Article 189b of the Treaty (4), Whereas differences between national laws relating to the conditions of use of colours in food  hinder the free movement of foodstuffs; whereas this may create conditions of unfair competition; Whereas the prime consideration for any rules on these food additives and their conditions of use  should be the need to protect and inform the consumer; Whereas a food additive may only be used when there is evidence that it is technologically  necessary and that its use is not harmful to health; Whereas colours are used to restore original appearance of food whose colour has been affected by  processing, storage, packaging and distribution, whereby visual acceptability may have been  impaired; Whereas colours are used to make food more visually appealing and help identify flavours normally  associated with particular foods and to give colour to food otherwise colourless; Whereas it is necessary to include certain colours intended for health marking of meat under the  responsibility of the official veterinarian pursuant to the requirements of Directive 91/497/EEC  (5), in particular Chapter XI of Annex I thereto; Whereas only those colours authorized by this Directive should be used for the decoration of eggs  or for the stamping of eggs as provided in Regulation (EEC) No 1274/91 (6); Whereas colours are used to reinforce colours already present in food; Whereas it is generally recognized that unprocessed foodstuffs and certain other basic foodstuffs  should be free from food additives; Whereas, having reagard to the most recent scientific and toxicological information on additives,  some of these are to be permitted only for certain foodstuffs and under certain conditions of use; Whereas it is necessary to lay down strict rules for the use of additives in food for infants and  young children; Whereas the Scientific Committee for Food has been consulted for those substances not yet being the  subject of a Community provision; Whereas it is desirable that when a decision is taken on whether a particular foodstuff belongs to  a certain category of foods, the consultation of the Standing Committee for Food procedure be  followed; Whereas this Directive replaces partially the Council Directive of 23 October 1962 on the  approximation of the rules of the Member States concerning the colouring matters authorized for use  in foodstuffs intended for human consumption (7); Whereas the modification of existing purity criteria on colouring matters and new specification for  those where no purity criteria exist, will be proposed in accordance with the procedure of Article  11 of Directive 89/107/EEC; Whereas, in order to protect consumers, the Community should promote research into the possible  effects (including those of a cumulative and synergic nature) on human health of colours used in  foodstuffs, with special reference to those whose harmlessness is in doubt, HAVE ADOPTED THIS DIRECTIVE: Article 11. This Directive is a specific directive forming a part of the  comprehensive directive within the meaning of Article 3 of Directive 89/107/EEC. 2. For the purposes of this Directive, 'colours' are substances which add or restore colour in a  food, and include natural constituents of foodstuffs and natural sources which are normally not  consumed as foodstuffs as such and not normally used as characteristic ingredients of food. Preparations obtained from foodstuffs and other natural source materials obtained by physical  and/or chemical extraction resulting in a selective extraction of the pigments relative to the  nutritive or aromatic constituents are colours within the meaning of this Directive. 3. However, the following substances shall not be considered colours for the purposes of this  Directive: - foodstuffs, whether dried or in concentrated form and flavourings incorporated during the  manufacturing of compound foodstuffs, because of their aromatic, sapid or nutritive properties  together with a secondary colouring effect, such as paprika, turmeric and saffron, - colours used for the colouring of the inedible external parts of foodstuffs, such as cheese  coatings and sausage casings. Article 21. Only the substances listed in Annex I may be used as colours in foodstuffs. 2. Colours may be used only in the foodstuffs listed in Annexes III, IV and V and under the  conditions specified therein; colours may be used in those same foodstuffs when they are intended  for particular uses in accordance with Directive 89/398/EEC (1). 3. Colours may not be used in the foodstuffs listed in Annex II except where specifically provided  for in Annex III, IV or V. 4. Colours permitted for certain uses only are listed in Annex IV. 5. Colours permitted in general in foodstuffs and the conditions of use therefor are listed in  Annex V. 6. The maximum levels indicated in the Annexes: - relate to ready-to-eat foodstuffs prepared according to the instructions for use, - refer to the quantities of colouring principle contained in the colouring preparation. 7. In the Annexes to this Directive 'quantum satis' means that no maximum level is specified.  However, colouring matters shall be used according to good manufacturing practice at a level not  higher than is necessary to achieve the intended purpose and provided that they do not mislead the  consumer. 8. For the purpose of health marking as provided in Directive 91/497/EEC and other marking required  on meat products, only E 155 Brown HT, E 133 Brilliant Blue FCF or E 129 Allura Red AC or an  appropriate mixture of E 133 Brilliant Blue FCF and E 129 Allura Red AC may be used. 9. Only those colours mentioned in Annex I may be used for the decorative colouring of eggshells or  for the stamping of eggshells as provided in Regulation (EEC) No 1274/91. 10. Only those colours listed in Annex I, except E 123, E 127, E 128, E 154, E 160b, E 161g, E 173  and E 180, may be sold directly to consumers. 11. Within the meaning of this Directive 'unprocessed' means not having undergone any treatment  resulting in a substantial change in the original state of the foodstuffs. However, they may have  been for example divided, parted, servered, boned, minced, skinned, pared, peeled, ground, cut,  cleaned, trimmed, deep-frozen, frozen, chilled, milled or husked, packed or unpacked. Article 3Without prejudice to other Community provisions, the presence of a colour in a  foodstuff is permissible: - in a compound foodstuff other than one mentioned in Annex II to the extent that the colour is  permitted in one of the ingredients of the compound foodstuff, or- if the foodstuff is destined to be used solely in the preparation of a compound foodstuff and  to such an extent that the compound foodstuff conforms to the provisions of this Directive. Article 4It may be decided by the procedure laid down in Article 5, whether a particular  foodstuff belongs to a category of foods mentioned in the Annexes, and whether substances are  colours in the meaning of Article 1. Article 51. Where the procedure laid down in this Article is to be followed, the Commission  shall be assisted by the Standing Committee on Foodstuffs, set up pursuant to Decision 69/414/EEC  (1), hereinafter referred to as 'the Committee'. 2. The chairman shall refer the matter to the Committee either on his own initiative or at the  request of the representative of a Member State. 3. 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 down in that Article. The chairman shall  not vote. 4. (a) The Commission shall adopt the measures envisaged if they are in accordance with the  Committee's opinion. (b) 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. If, on the expiry of three months from the date of referral to the Council, the Council has not  acted, the proposed measures shall be adopted by the Commission. Article 6Member States shall, within three years of the adoption of this Directive, establish  systems to monitor the consumption and use of colours and report their findings to the Commission. The Commission shall report to the European Parliament within five years of the adoption of the  Directive on changes which have taken place in the colours market, the levels of use and  consumption. In accordance with the general criteria of point 4 of Annex II to Directive 89/107/EEC, within five  years from the adoption of this Directive, the Commission shall review the conditions of use  mentioned in this Directive, and propose modifications where necessary. Article 7Articles 1 to 7, Article 8 (1), second indent and (2), and Articles 9 to 15 of the  Directive of 23 October 1962 on colouring matters in foodstuffs are hereby repealed. References to the repealed provisions shall be construed as references to the corresponding  provisions of this Directive. Article 8The Commission shall, to coincide with the date of entry into force of this Directive,  launch a campaign, in conjunction with the European Parliament, national ministries, the food and  retail industries and consumer bodies, to inform consumers about the evaluation and authorization  procedures for permitted colours, and the meaning of the 'E' number system. Article 91. Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive not later than 31 December 1995 in order to: - allow, not later than 31 December 1995, trade in and use of products conforming to this  Directive, - prohibit, not later than 30 June 1996, trade in and use of products not conforming to this  Directive; products put on the market or labelled before that date which do not comply with this  Directive may, however, be marketed until stocks are exhausted. They shall at once inform the Commission thereof. 2. When Member States adopt the measures referred to in paragraph 1, 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 reference shall be laid down by Member States. Article 10This Directive shall enter into force on the day of its publication in the Official  Journal of the European Communities. Article 11This Directive is addressed to the Member States. Done at Brussels, 30 June 1994. For the European ParliamentThe PresidentE. KLEPSCHFor the CouncilThe PresidentA.  BALTAS(1) OJ No L 40, 11. 2. 1989, p. 27. Directive as amended by Directive  94/34/EC (see page 1 of this Official Journal). (2) OJ No C 12, 8. 1. 1992, p. 7. (3) OJ No C 313, 30. 11. 1992, p. 1. (4) Opinion of the European Parliament of 10 March 1993 (OJ No C 115, 26. 4. 1993, p. 105),  confirmed on 2 December 1993 (OJ No C 342, 20. 12. 1993), Council common position of 9 March 1994  (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. 79). (5) OJ No 268, 24. 9. 1991, p. 69. Directive as amended by Directive 92/5/EEC (OJ No L 57, 2. 3.  1992, p. 1). (6) Commission Regulation (EEC) No 1274/91 of 15 May 1991 introducing detailed rules for  implementing Regulation (EEC) No 1907/90 on certain marketing standards for eggs (OJ No L 121, 16.  5. 1991, p. 11). Regulation as last amended by Regulation (EC) No 1259/94 (OJ No L 137, 1. 6. 1994,  p. 54). (7) OJ No 115, 11. 11. 1962, p. 2645/62. Directive as last amended by Directive 85/7/EEC (OJ No L  2, 3. 1. 1985, p. 22). (1) OJ No L 186, 30. 6. 1989, p. 27. (1) OJ No L 291, 19. 11. 1969, p. 9.  ANNEX I >TABLE> ANNEX II FOODSTUFFS WHICH MAY NOT CONTAIN ADDED COLOURS, EXCEPT WHERE SPECIFICALLY  PROVIDED FOR IN ANNEX III, IV OR V (The designations used in Annex II do not prejudice the 'carry  over' principle in cases where products contain ingredients with legitimate colouring in their own  right.)1. Unprocessed foodstuffs2. All bottled or packed waters3. Milk, semi-skimmed and skimmed  milk, pasteurized or sterilized (including UHT sterilization) (unflavoured)4. Chocolate milk5.  Fermented milk (unflavoured)6. Preserved milks as mentioned in Directive 76/118/EEC7. Butter-milk  (unflavoured)8. Cream and cream powder (unflavoured)9. Oils and fats of animal or vegetable  origin10. Eggs and egg products as defined in Article 2 (1) of Directive 89/437/EEC11. Flour and  other milled products and starches12. Bread and similar products13. Pasta and gnocchi14. Sugar,  including all mono- and disaccharides15. Tomato paste and canned and bottled tomatoes16.  Tomato-based sauces17. Fruit juice and fruit nectar as mentioned in Directive 75/726/EEC and  vegetable juice18. Fruit, vegetables (including potatoes) and mushrooms - canned, bottled or  dried; processed fruit, vegetables (including potatoes) and mushrooms19. Extra jam, extra jelly,  and chestnut purée as mentioned in Directive 79/693/EEC; crème de pruneaux20. Fish, molluscs and  crustaceans, meat, poultry and game as well as their preparations, but not including prepared meals  containing these ingredients21. Cocoa products and chocolate components in chocolate products as  mentioned in Directive 73/241/EEC22. Roasted coffee, tea, chicory; tea and chicory extracts; tea,  plant, fruit and cereal preparations for infusions, as well as mixes and instant mixes of these  products23. Salt, salt substitutes, spices and mixtures of spices24. Wine and other products  defined by Regulation (EEC) No 822/8725. Korn, Kornbrand, fruit spirit drinks, fruit spirits,  Ouzo, Grappa, Tsikoudia from Crete, Tsipouro from Macedonia, Tsipouro from Thessaly, Tsipouro from  Tyrnavos, Eau de vie de marc Marque nationale luxembourgeoise, Eau de vie de seigle Marque  nationale luxembourgeoise, London gin, as defined in Regulation (EEC) No 1576/8926. Sambuca,  Maraschino and Mistra as defined in Regulation (EEC) No 1180/9127. Sangria, Clarea and Zurra as  mentioned in Regulation (EEC) No 1601/9128. Wine vinegar29. Foods for infants and young children  as mentioned in Directive 89/398/EEC including foods for infants and young children not in good  health30. Honey31. Malt and malt products32. Ripened and unripened cheese (unflavoured)33.  Butter from sheep and goats' milk ANNEX III >TABLE> ANNEX IV >TABLE> ANNEX V COLOURS PERMITTED IN FOODSTUFFS OTHER THAN THOSE MENTIONED IN ANNEXES II AND III  Part 1 The following colours may be used in foodstuffs mentioned in Annex V Part 2 and  in all other foodstuffs other than those listed in Annexes II and III at quantum satis. E 101 (i) Riboflavin (ii) Riboflavin-5′-phosphateE 140 Chlorophylls and chlorophyllinsE 141  Copper complexes of chlorophylls and chlorophyllinsE 150a Plain caramelE 150b Caustic sulphite  caramelE 150c Ammonia caramelE 150d Sulphite ammonia caramelE 153 Vegetable carbonE 160a  CarotenesE 160c Paprika extract, capsanthin, capsorubinE 162 Beetroot Red, betaninE 163  AnthocyaninsE 170 Calcium carbonateE 171 Titanium dioxideE 172 Iron oxides and  hydroxidesPart 2 The following colours may be used singly or in combination in  the following foods up to the maximum level specified in the table. However, for non-alcoholic  flavoured drinks, edible ices, desserts, fine bakery wares and confectionery, colours may be used  up to the limit indicated in the appropriate table but the quantities of each of the colours E 110,  E 122, E 124 and E 155 may not exceed 50 mg/kg or mg/l. E 100 CurcuminE 102 TartrazineE 104 Quinoline YellowE 110 Sunset Yellow FCF Orange Yellow SE  120 Cochineal, Carminic acid, CarminesE 122 Azorubine, CarmoisineE 124 Ponceau 4R, Cochineal Red  AE 129 Allura Red ACE 131 Patent Blue VE 132 Indigotine, Indigo carmineE 133 Brilliant Blue  FCFE 142 Green SE 151 Brilliant Black BN, Black PNE 155 Brown HTE 160d LycopeneE 160e  Beta-apo-8′-carotenal (C 30)E 160f Ethyl ester of Beta-apo-8′-carotenic acid (C 30)E  161b Lutein>TABLE>


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31989L0108

Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption

Official Journal L 040 , 11/02/1989 P. 0034 - 0037 Finnish special edition: Chapter 15 Volume 9 P. 0049  Swedish special edition: Chapter 15 Volume 9 P. 0049

COUNCIL DIRECTIVE of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (89/108/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a 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 the manufacture of and trade in quick-frozen foodstuffs intended for human consumption (hereinafter referred to as 'quick-frozen foodstuffs') are assuming increasing importance in the Community;  Whereas the differences between national laws relating to quick-frozen foodstuffs hamper the free movement thereof; whereas they may create unequal conditions of competition and therefore have a direct effect on the establishment and functioning of the  common market;  Whereas it is therefore necessary to approximate these laws;  Whereas to that end the Community rules must be given the widest possible scope, extending to all quick-frozen foodstuffs intended for human consumption and including not only products intended for supply without further processing to the ultimate  consumer and to restaurants, hospitals, canteens and to other similar mass caterers, but; also products having to be further processed or prepared;  Whereas, however, these rules need not apply to products not offered for sale as quick-frozen foodstuffs;  Whereas it is in any case appropriate to lay down the general principles which any quick-frozen foodstuffs must satisfy;  Whereas at a later stage special provisions over and above the general principles may, where necessary, be adopted for certain categories of quick-frozen foodstuffs,in accordance with the procedure applicable to each of these categories;   Whereas the purpose of quick-freezing is to preserve the intrinsic characteristics of foodstuffs by a process of rapid freezing; whereas it is necessary to attain a temperature of -18 °C or lower at all points in the product;  Whereas at -18 °C all microbiological activity likely to impair the quality of a foodstuff is suspended; whereas it is therefore necessary to maintain at least that temperature, subject to a certain technically inevitable tolerance, during the storage  and distribution of quick-frozen foodstuffs before their sale to the ultimate consumer;  Whereas for technical reasons certain temperature increases are inevitable and may therefore be tolerated provided they do not harm the quality of the products, which may be ensured by complying with good storage and distribution practice, taking  account in particular of the proper level of stock rotation;  Whereas the performance of certain technical equipment at present in use for the local distribution of quick-frozen foodstuffs is not capable of ensuring in every case full compliance with the temperature limits imposed in this Directive, and it is  therefore necessary to provide for a transitional system allowing for existing material to be used for its normal lifetime;  Whereas this Directive need merely state the objectives to be attained as regards both the equipment used for the quick-freezing process and the temperatures to be observed in the storage, handling, transport and distribution installations and  equipment;  Whereas it is incumbent upon Member States to ensure by means of official checks that the equipment used is capable of meeting these objectives;  Whereas such checks render superfluous any system of official certification for trade purposes;  Whereas it is desirable to provide for the possibility of using cryogenic fluids in direct contact with quick-frozen foodstuffs: whereas therefore these fluids must be sufficiently inert not to impart to the foodstuffs any constituents in quantities  liable to constitute a hazard to human health, or to.  give rise to an unacceptable change in the composition of foodstuffs, or to impair their organoleptic characteristics;  Whereas in order to attain this objective it is necessary to adopt a list of these substances and to lay down criteria for their purity and conditions for their use;  Whereas quick-frozen foodstuffs intended for the ultimate consumer and for restaurants, hospitals, canteens and other similar mass caterers are subject, as far as their labelling is concerned, to the rules laid down by Council Directive 79/112/EEC of 18  December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (3), as last amended by Directive 86/197/EEC (4); whereas the present Directive  need therefore merely lay down the particulars which are specific to quick-frozen foodstuffs;  Whereas, to facilitate trade, rules should also be adopted for the labelling of quick-frozen foodstuffs not intended for supply in the frozen state to the ultimate consumer or to restaurants, hospitals, canteens and other similar mass caterers;  Whereas, in order to simplify and speed up the procedure, the Commission should be assigned the task of adopting implementing measures of a technical nature;  Whereas, in all cases in which the Council empowers the Commission to implement the rules laid down for foodstuffs, 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 (5) should be laid down,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive shall apply to quick-frozen foods intended for human consumption, hereinafter referred to as 'quick-frozen foodstuffs'.  2. For the purposes of this Directive 'quick-frozen foodstuffs' means foodstuffs - which have undergone a suitable freezing process known as 'quick-freezing' whereby the zone of maximum crystallization is crossed as rapidly as possible, depending on the type of product, and the resulting temperature of the product (after thermal  stabilization) is continuously maintained at a level of -18 °C or lower at all points, and - which are marketed in such a way as to indicate that they possess this characteristic.   For the purposes of this Directive, ice-cream and other edible ices shall not be regarded as quick-frozen foodstuffs.  3. This Directive shall apply without prejudice to Community provisions relating to:  (a) the common organization of markets in the agricultural and fisheries sectors;  (b) veterinary hygiene.  Article 2 Only the products defined in Article 1 (2) may bear the names provided for in Articles 8 and 9.  Article 3 1. Raw materials used in the manufacture of quick-frozen foodstuffs must be of sound, genuine and merchantable quality and be of the required degree of freshness 2. Preparation and quick-freezing of products must be carried out promptly, using appropriate technical equipment, in order to limit chemical, biochemical and microbiological changes to a minimum.  Article 4 The cryogenic media authorized, to the exclusion of all others, for use in direct contact with quick-frozen foodstuffs shall be the following:  - air,  - nitrogen,  - carbon dioxide.  By way of derogation from the first paragraph, Member States may retain until 31 December 1992 national laws authorizing the use of dichlorodifluoromethane (R 12) as a cryogenic medium.  The purity criteria to be satisfied by these cryogenic media shall be determined, as far as necessary, in accordance with the procedure laid down in Article 12.  Article 5 1. The temperature of quick-frozen foodstuffs must be stable and maintained, at all points in the product, at -18 °C or lower, with possibly brief upward fluctuations of no more than 3 °C during transport.  2. However, tolerances in the temperature of the product in accordance with good storage and distribution practice shall be permitted during local distribution and in retail display cabinets subject to the following conditions:  (a) these tolerances shall not exceed 3 °C;  (b) they may, however reach 6 °C in retail display cabinets, if and to the extent that the Member States so decide. In that case, the Member States shall select the temperature in the light of stock or product rotation in the retail trade. They shall  inform the Commission of the measures taken and of the grounds for those measures.  The Commission shall review the tolerance provided for in the previous subparagraph in the light of technical developments and shall make proposals to the Council if appropriate before 1 January 1993.  3. For a period of eight years from the notification of this Directive, the Member States may, for local distribution, authorize tolerances of up to 6 °C.  Article 6 1. The Member States shall:  (a) ensure that the equipment used for quick-freezing, storage, transport, local distribution and retail display cabinets is such that compliance with the requirements of this Directive can be guaranteed:  (b) conduct random official checks on the temperature of quick-frozen foodstuffs.  2. Member States shall not require that, as a preliminary to or during the marketing of quick-frozen foodstuffs, compliance with the provisions of paragraph 1 be attested by means of an official certificate.  Article 7 Quick-frozen foodstuffs intended for supply to the ultimate consumer must be packed by the manufacturer or packer in suitable pre-packaging which protects them from microbial or other forms of external contamination and against drying.  Article 81. Directive 79/112/EEC shall apply to products covered by this Directive and intended for supply without further processing to the ultimate consumer and to restaurants, hospitals, canteens and other similar mass caterers on the following  conditions:  (a) one or more of the following shall be added to the sales name:  in Danish: 'dybfrossen',  in German: 'tiefgefroren' or Tiefkuehlkost' or 'tiefgekuehlt' or 'gefrostet',  in Spanish: 'ultracongelado' or 'congelado rapidamente',  in Greek: "vaqeias kaapszxis tacheias zperkatepszgena",  in English: 'quick-frozen',  in French: 'surgélé',  in Italian: 'surgelato',  in Dutch: 'diepvries',  in portuguese: 'ultracongelado'.  (b) in addition to the date of minimum durability, the period during which quick-frozen products may be stored by the purchaser and the storage temperature and/or type of storage equipment required must be indicated:  (c) the labelling of any quick-frozen foodstuff must include a reference from which the batch may be identified;  (d) the label of any quick-frozen foodstuff must bear a clear message of the type 'do not refreeze after defrosting'.  Article 9 1. The labelling of the products defined in Article 1 (2) which are not intended for sale to the ultimate consumer or to restaurants, hospitals, canteens and other similar mass caterers shall contain only the following mandatory particulars:  (a) the sales name supplemented in accordance with Article 8 (1) (a) of this Directive;  (b) the net quantity expressed in units of mass;  (c) a reference enabling the batch to be identified;  (d) the name or business name and address of the manufacturer or packer, or of a seller established within the Community.  2. lhe particulars provided for in paragraph 1 shall appear on the packaging, container or wrapping, or on a label attached thereto.  3. This Article shall not affect any Community metrological provisions which are more detailed or more comprehensive.  Article 10 Member States may not, for reasons related to their manufacturing specifications, presentation or labelling,  prohibit or restrict the marketing of any of the products defined in Article I (2) which comply with this Directive and, with measures taken for its application.  Article 11 The sampling procedures for quick-frozen foodstuffs, the procedures for monitoring their temperature and for monitoring temperatures in the means of transport and warehousing and storage shall be determined in accordance with the procedure  laid down in Article 12, before the end of a 24-month period following notification of this Directive.  Article 12 1. Where the procedure provided for in this Article is invoked, the matter shall be referred to the Standing Committee on Foodstuffs, hereinafter referred to as the 'committee', by its chairman, acting 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 the measures to be adopted. The committee shall deliver its opinion on the draft within a period to be determined by the chairman having regard to the urgency of the matter. It  shall decide by a qualified majority, as laid down in Article 148 (2) of the Treaty. The chairman shall not vote.  3. (a) The Commission shall adopt the measures proposed where these are in conformity with the opinion of the committee;  (b) where the measures proposed are not in conformity with the opinion of the committee or where no opinion is delivered, the Commission shall forthwith submit to the Council a proposal concerning the measures to be taken. The Council shall act by a  qualified majority;  (c) if, upon the expiry of a period of three months from the date on which the matter is brought before the Council, the latter has failed to take any measures, the Commission shall adopt the proposed measures Article 13 1. The Member States shall take the measures necessary to comply with this Directive. They shall forthwith inform the Commission thereof. The measures taken shall:  - permit no later than 18 months after notification (6) of the Directive trade in products which comply with this Directive,  - prohibit no later than 24 months after notification of the Directive trade in products which do not comply with this Directive 2. As regards retail display cabinets, for a period of eight years following notification of this Directive, Member States may retain the laws applying on the date when this Directive enters into force.  In this case, the Member States shall inform the Commission, stating the reasons for their decision.  Article 14 This Directive is addressed to the Member States.   Done at Brussels, 21 December 1988.  For the Council The President V. PAPANDREOU   (1) OJ No C 175, 15. 7. 1985, p. 296 and OJ No C 12, 16. 1989. (2) OJ No C 104, 25. 4. 1985, p. 17.(3) O] No L 33, 8. 2. 1979, p. 1. (4) OJ No L 144, 29. 5. 1986, p. 38. (5) OJ No L 291, 19. 11. 1969, p. 9. (6) This Directive was notified to the Member States on 10 January 1989.


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31980L1268

Council Directive 80/1268/EEC of 16 December 1980 on the approximation of the laws of the Member States relating to the fuel consumption of motor vehicles

Official Journal L 375 , 31/12/1980 P. 0036 - 0045 Finnish special edition: Chapter 13 Volume 11 P. 0050  Greek special edition: Chapter 13 Volume 10 P. 0107  Swedish special edition: Chapter 13 Volume 11 P. 0050  Spanish special edition: Chapter 13 Volume 11 P. 0124  Portuguese special edition Chapter 13 Volume 11 P. 0124

COUNCIL DIRECTIVE  of 16 December 1980  on the approximation of the laws of the Member States relating to the fuel consumption of motor vehicles  (80/1268/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 (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the technical requirements which motor vehicles must satisfy pursuant to certain national laws relate inter alia to the method of measuring fuel consumption which must be used to indicate the fuel consumption of a vehicle type;  Whereas those requirements differ from one Member State to another ; whereas this results in technical barriers to trade which must be eliminated by all Member States adopting 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 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 (4), as last amended by Directive 80/1267/EEC (5), to be introduced in respect of each type of vehicle;  Whereas it is of paramount importance to establish a method of measuring fuel consumption by motor vehicles for inclusion in Community requirements;  Whereas a Community method of measuring fuel consumption is also necessary to ensure, in particular, that customers and users are supplied with objective and precise information;  Whereas the requirements of this Directive apply only to motor vehicles in international motor vehicle classification category M1 as set out in Directive 70/156/EEC ; whereas a method of measuring the fuel consumption of the other categories of motor vehicles will be established as soon as certain technical difficulties can be resolved,  HAS ADOPTED THIS DIRECTIVE:    Article 1 For the purpose 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 exceeeding 25 km/h, with the exception of vehicles which run on rails and of agricultural tractors and machinery.   Article 2 No Member State may refuse to grant EEC type-approval or national type-approval in respect of a vehicle, or refuse or prohibit the sale, registration, entry into service or use of a vehicle, on grounds relating to its fuel consumption if the consumption figures have been determined in accordance with Annexes I and II and are set out in a document given to the vehicle owner at the time of purchase in a manner and form decided on by each Member State.   Article 3 Any amendments necessary for adapting the requirements of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.  (1)OJ No C 104, 28.4.1980, p. 1. (2)OJ No C 265, 13.10.1980, p. 76. (3)OJ No C 182, 21.7.1980, p. 3. (4)OJ No L 42, 23.2.1970, p. 1. (5)See page 34 of this Official Journal.    Article 4 1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification. They shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 16 December 1980.  For the Council  The President  Colette FLESCH     ANNEX I DETERMINATION OF FUEL CONSUMPTION     1. EEC TYPE-APPROVAL      1.1. Application for EEC type-approval        1.1.1. The application for EEC type-approval for a vehicle type in respect of the fuel consumption of the engine is submitted by the vehicle manufacturer or his authorized representative               1.1.2. It must be accompanied by three copies of the document mentioned below and of the following:          1.1.2.1. Information sheet duly completed;                   1.1.2.2. Information necessary to prepare the document provided for in Annex II.                                  1.1.3. If the technical service responsible for the type-approval tests carries out the tests itself, a vehicle representative of the vehicle type to be approved must be provided.                         1.2. Documents  Where an application within the meaning of 1.1 is accepted, the competent authority must prepare the document, the model for which is contained in Annex II. In order to draw up this document, the competent authority of the Member State conducting the EEC type-approval tests may use the report prepared by an approved or recognized laboratory in accordance with the provisions of this Directive.                 2. SCOPE  This method applies to category M1 vehicles equipped with internal combustion engines.       3. GENERAL SPECIFICATIONS      3.1. Fuel consumption is determined by the following tests:        3.1.1. Cycle simulating urban driving, as described in Annex III to Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles (1), as last amended by Directive 78/665/EEC (2) (see section 5);               3.1.2. Constant speed test at 90 km/h (see section 6);               3.1.3. Constant speed test at 120 km/h (see section 6). This test is not performed if the vehicle's maximum design speed is less than 130 km/h.                          3.2. The results of the tests must be expressed in 1/100 km rounded off to the nearest 0 71.           3.3. Distances must be measured to within an accuracy of 0 75 % and times to within an accuracy of 0 72 s.  (1)OJ No L 76, 6.4.1970, p. 1. (2)OJ No L 223, 14.8.1978, p. 48.            3.4. Test fuel  The fuel used must be either the reference fuel specified in Annex VI to Directive 70/220/EEC or that specified in Annex V to Council Directive 72/306/EEC, of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel for use in vehicles (1), as appropriate.                 4. TEST CONDITIONS      4.1. General condition of the vehicle        4.1.1. The vehicle must be clean and the windows and air intakes closed, with only the equipment necessary for the functioning of the vehicle during the test being in operation. If there is a manually controlled device on the carburettor inlet for air heating, it must be in the "summer" position. In general, the auxiliary equipment required for the normal running of the vehicle must be in operation.               4.1.2. If the radiator fan is temperature controlled, it must be operating as it would normally on the vehicle. The passenger compartment heating system must not be operating, nor must the air conditioning system, although its compressor must be operating normally.               4.1.3. If a pressure charging device is fitted, it must be operating as it would normally for the test speed.               4.1.4. The vehicle must have been run in and have covered at least 3 000 km before the test.                         4.2. Lubricants  All lubricants must be those recommended by the manufacturer of the vehicle and must be indicated in the test report.           4.3. Tyres  The tyres must be of one of the types specified as original equipment by the vehicle manufacturer, inflated to the pressure recommended for the test load and speeds (adjusted, where necessary, for test-bed operation under test conditions). The pressures used must be indicated in the test report.           4.4. Measurement of fuel consumption        4.4.1. The fuel must be supplied to the engine through a device capable of measuring the quantity consumed to within ± 2 % ; this device must not interfere with normal supply. If the system of measurement is volumetric, the temperature of the fuel must be measured at the volume measuring point.               4.4.2. There must be a valve system to permit rapid change-over from the general fuel supply system to the measuring system. This change-over must not take longer than 0 72 s.                         4.5. Reference conditions  Pressure : Ho = 1 000 mbar  Temperature : To = 293 K (20 ºC)        4.5.1. Air density          4.5.1.1. The air density when the vehicle is tested, calculated as described in 4.5.1.2 below, must not differ by more than 7 75 % from the air density under the reference conditions.  (1)OJ No L 190, 20.8.1972, p. 1.                    4.5.1.2. The air density is calculated using the formula: >PIC FILE= "T0013780">   dT = air density under test conditions;  do = air density under reference conditions;  HT = pressure during the test;  TT = absolute temperature during the test (K).                                                 5. MEASUREMENT OF FUEL CONSUMPTION OVER A CYCLE SIMULATING URBAN DRIVING      5.1. The test cycle is as described in Annex III to Directive 70/220/EEC         5.1.1. In the case of diesel-powered vehicles the load adjustment is determined for the corresponding petrol-driven model or by an alternative method recognized as equivalent               5.1.2. Reference mass of the vehicle  The mass of the vehicle is the reference mass, as defined in section 1.2 of Annex I to Directive 70/220/EEC                         5.2. The dynamometer is set to the equivalent inertia, as stipulated in section 4.2 of Annex III to Directive 70/220/EEC.           5.3. Measurement of consumption        5.3.1. Consumption is calculated on the basis of the quantity of fuel consumed during two consecutive cycles.               5.3.2. Before the measurements are made, the engine must be warmed up from cold by the completion of five full test cycles. The measurements may also be carried out immediately following the type I and type II tests described in Directive 70/220/EEC. The temperature is kept within the normal operating range for that engine, if necessary by using the auxiliary cooling device.               5.3.3. The idling period between two consecutive cycles may be extended by not more than 60 s to facilitate fuel consumption measurement.                         5.4. Calculation of fuel consumption        5.4.1. If the fuel consumption is measured gravimetrically, the consumption is expressed (in litres/100 km) by converting the measurement M (fuel consumed expressed in kilograms) using the following formula: >PIC FILE= "T0013781">   Sg = density of the fuel under the reference conditions (kg/dm3);  D = distance covered during the test (km).               5.4.2. If the fuel consumption is measured volumetrically, the consumption is expressed (in litres/100 km) by the following formula: >PIC FILE= "T0013782">   To = reference temperature expressed in ºC;  TF = fuel temperature in ºC measured at the volume measuring point.                          5.5. Expression of results        5.5.1. The standard consumption in urban driving is the arithmetic mean of three consecutive measurements carried out in accordance with the procedure described above.               5.5.2. If the extreme measurements differ by more than 5 % from the mean, further tests must be carried out in accordance with this procedure until a degree of accuracy of at least 5 % is obtained.               5.5.3. The accuracy of measurement is calculated using the formula: >PIC FILE= "T0013783">   k is given by the following table: >PIC FILE= "T0013785">                5.5.4. If at least 5 % accuracy has not been attained after 10 measurements, the consumption is determined by using another vehicle of the same type.                               6. MEASUREMENT OF FUEL CONSUMPTION AT CONSTANT SPEED       6.1. These tests may be carried out either on a dynamometer or on the road.         6.1.1. Mass of the vehicle          6.1.1.1. The mass of the vehicle is the mass in running order, as defined in 6.1.1.2, plus 180 kg, or plus half the full load if that figure exceeds 180 kg, including measuring equipment and occupants. The suspension height of the vehicle is that obtained when the centre of gravity of the load is in the middle of the straight line joining the R points of the front (side) seats.                   6.1.1.2. For the purposes of this Directive, "mass of the vehicle in running order" means its total unladen mass with all tanks except the fuel tank full, the fuel tank being filled to 90 % of the capacity specified by the manufacturer, and with a set of tools and the spare wheel on board.                                           6.2. Gearbox If the vehicle is fitted with a manual gear change, the gear ratio used is the highest recommended by the manufacturer for driving at each of the test speeds.           6.3. Test procedure        6.3.1. Road test          6.3.1.1. Weather conditions            6.3.1.1.1. The relative humidity must be less than 95 % ; the road must be dry ; the road surface may, however, bear traces of moisture, provided that there is no appreciable film of water at any one place.                        6.3.1.1.2. The average wind speed must be less than 3 m/s and gusts less than 8 m/s.                                         6.3.1.2. Before the measurements are taken, the vehicle must travel on the chosen circuit, at a speed close to the test speed, a sufficient distance for the running temperature to be reached ; in no case, however, must this distance be less than 10 km.                   6.3.1.3. Test run  The test run must be such as to allow a steady speed to be maintained and must be at least 2 km in length. It must form a closed circuit and the surface must be in good condition. A straight road may be used provided that a run of 2 km is made in both directions. The gradient must not exceed 2 % between any two points.                   6.3.1.4. During each test run, the speed must be kept steady to within ± 2 km/h. The average speed for each test must not differ from the reference speed by more than 2 km/h.                   6.3.1.5. To determine the consumption at each reference speed (see graph below), four tests are performed ; two at an average speed less than the reference speed and two at an average speed exceeding the reference speed.                   6.3.1.6. The fuel consumption for each test run is calculated from the formulae in 5.4.                   6.3.1.7. The difference between the two lower calculated values must not exceed 5 % of their average value, this same condition applying also to the two higher calculated values. The value of the fuel consumption at the appropriate reference speed is calculated by linear interpolation as shown on the graph below.            6.3.1.7.1. If the conditions in 6.3.1.7 are not achieved for either pair of calculated values, the four test runs must be repeated. If after ten attempts the required consistency has not been achieved, another vehicle must be selected and subjected to all the tests specified in this procedure.  Example : Calculation for an average speed of 90 km/h. >PIC FILE= "T0013786">   The four crosses correspond to the calculated values for each test run. Co is the value calculated for the consumption at the reference speed Vo over the test distance.                                                        6.3.2. Dynamometer test          6.3.2.1. Dynamometer setting  The dynamometer must be set as described in section 4.1 of Annex III to Directive 70/220/EEC with the following amendments:            - the dynamometer must be set for the appropriate test speed;                       - the condition of the vehicle during the test runs must be as specified in sections 4.1 to 4.3, and the weather conditions during the road test must be as specified in 6.3.1.1 to enable the correct inlet manifold depression setting to be determined.                        In the case of diesel-powered vehicles, the dynamometer must be set as specified in 5.1.1.                   6.3.2.2. Cooling  Additional air-cooling devices may be used to keep the operating conditions and the temperature of the lubricants and coolant within the range normally obtained at the same speed on the road.                   6.3.2.3. Before any measurements are taken, the vehicle must cover, at a speed close to the test speed, a sufficient distance on the dynamometer for the running temperatures to be reached ; this distance must in no case be less than 10 km.                   6.3.2.4. The test distance must not be less than 2 km, as measured by a revolution counter on the dynamometer.                                           6.4. The type of dynamometer used must be indicated in the test report.           6.5. Expression of results  Whatever the method of measurement used, the results must be expressed in litres/100 km under the reference conditions specified in 4.5.                   ANNEX II >PIC FILE= "T0013787""PIC FILE= "T0013788">


Avis juridique important

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31985L0374

Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products

Official Journal L 210 , 07/08/1985 P. 0029 - 0033 Finnish special edition: Chapter 15 Volume 6 P. 0239  Spanish special edition: Chapter 13 Volume 19 P. 0008  Swedish special edition: Chapter 15 Volume 6 P. 0239  Portuguese special edition Chapter 13 Volume 19 P. 0008

*****COUNCIL  DIRECTIVE  of 25 July 1985  on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products  (85/374/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 (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas approximation of the laws of the Member States concerning the liability of the producer for damage caused by the defectiveness of his products is necessary because the existing divergences may distort competition and affect the movement of goods within the common market and entail a differing degree of protection of the consumer against damage caused by a defective product to his health or property;  Whereas liability without fault on the part of the producer is the sole means of adequately solving the problem, peculiar to our age of increasing technicality, of a fair apportionment of the risks inherent in modern technological production;  Whereas libility without fault should apply only to movables which have been industrially produced; whereas, as a result, it is appropriate to exclude liability for agricultural products and game, except where they have undergone a processing of an industrial nature which could cause a defect in these products; whereas the liability provided for in this Directive should also apply to movables which are used in the construction of immovables or are installed in immovables;  Whereas protection of the consumer requires that all producers involved in the production process should be made liable, in so far as their finished product, component part or any raw material supplied by them was defective; whereas, for the same reason, liability should extend to importers of products into the Community and to persons who present themselves as producers by affixing their name, trade mark or other distinguishing feature or who supply a product the producer of which cannot be identified;  Whereas, in situations where several persons are liable for the same damage, the protection of the consumer requires that the injured person should be able to claim full compensation for the damage from any one of them;  whereas, to protect the physical well-being and property of the consumer, the defectiveness of the product should be determined by reference not to its fitness for use but to the lack of the safety which the public at large is entitled to expect; whereas the safety is assessed by excluding any misuse of the product not reasonable under the circumstances;  Whereas a fair apportionment of risk between the injured person and the producer implies that the producer should be able to free himself from liability if he furnishes proof as to the existence of certain exonerating circumstances;  Whereas the protection of the consumer requires that the liability of the producer remains unaffacted by acts or omissions of other persons having contributed to cause the damage; whereas, however, the contributory negligence of the injured person may be taken into account to reduce or disallow such liability;  Whereas the protection of the consumer requires compensation for death and personal injury as well as compensation for damage to property; whereas the latter should nevertheless be limited to goods for private use or consumption and be subject to a deduction of a lower threshold of a fixed amount in order to avoid litigation in an excessive number of cases; whereas this Directive should not prejudice compensation for pain and suffering and other non-material damages payable, where appropriate, under the law applicable to the case;  Whereas a uniform period of limitation for the bringing of action for compensation is in the interests both of the injured person and of the producer;  Whereas products age in the course of time, higher safety standards are developed and the state of science and technology progresses; whereas, therefore, it would not be reasonable to make the producer liable for an unlimited period for the defectiveness of his product; whereas, therefore, liability should expire after a reasonable length of time, without prejudice to claims pending at law;  Whereas, to achieve effective protection of consumers, no contractual derogation should be permitted as regards the liability of the producer in relation to the injured person;  Whereas under the legal systems of the Member States an injured party may have a claim for damages based on grounds of contractual liability or on grounds of non-contractual liability other than that provided for in this Directive; in so far as these provisions also serve to attain the objective of effective protection of consumers, they should remain unaffected by this Directive; whereas, in so far as effective protection of consumers in the sector of pharmaceutical products is already also attained in a Member State under a special liability system, claims based on this system should similarly remain possible;  Whereas, to the extent that liability for nuclear injury or damage is already covered in all Member States by adequate special rules, it has been possible to exclude damage of this type from the scope of this Directive;  Whereas, since the exclusion of primary agricultural products and game from the scope of this Directive may be felt, in certain Member States, in view of what is expected for the protection of consumers, to restrict unduly such protection, it should be possible for a Member State to extend liability to such products;  Whereas, for similar reasons, the possibility offered to a producer to free himself from liability if he proves that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of a defect to be discovered may be felt in certain Member States to restrict unduly the protection of the consumer; whereas it should therefore be possible for a Member State to maintain in its legislation or to provide by new legislation that this exonerating circumstance is not admitted; whereas, in the case of new legislation, making use of this derogation should, however, be subject to a Community stand-still procedure, in order to raise, if possible, the level of protection in a uniform manner throughout the Community;  Whereas, taking into account the legal traditions in most of the Member States, it is inappropriate to set any financial ceiling on the producer's liability without fault; whereas, in so far as there are, however, differing traditions, it seems possible to admit that a Member State may derogate from the principle of unlimited liability by providing a limit for the total liability of the producer for damage resulting from a death or personal injury and caused by identical items with the same defect, provided that this limit is established at a level sufficiently high to guarantee adequate protection of the consumer and the correct functioning of the common market;  Whereas the harmonization resulting from this cannot be total at the present stage, but opens the way towards greater harmonization; whereas it is therefore necessary that the Council receive at regular intervals, reports from the Commission on the application of this Directive, accompanied, as the case may be, by appropriate proposals;  Whereas it is particularly important in this respect that a re-examination be carried out of those parts of the Directive relating to the derogations open to the Member States, at the expiry of a period of sufficient length to gather practical experience on the effects of these derogations on the protection of consumers and on the functioning of the common market,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The producer shall be liable for damage caused by a defect in his product.  Article 2  For the purpose of this Directive 'product' means all movables, with the exception of primary agricultural products and game, even though incorporated into another movable or into an immovable. 'Primary agricultural products' means the products of the soil, of stock-farming and of fisheries, excluding products which have undergone initial processing. 'Product' includes electricity.  Article 3  1. 'Producer' means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part and any person who, by putting his name, trade mark or other distinguishing feature on the product presents himself as its producer. 2. Without prejudice to the liability of the producer, any person who imports into the Community a product for sale, hire, leasing or any form of distribution in the course of his business shall be deemed to be a producer within the meaning of this Directive and shall be responsible as a producer.  3. Where the producer of the product cannot be identified, each supplier of the product shall be treated as its producer unless he informs the injured person, within a reasonable time, of the identity of the producer or of the person who supplied him with the product. The same shall apply, in the case of an imported product, if this product does not indicate the identity of the importer referred to in paragraph 2, even if the name of the producer is indicated.  Article 4  The injured person shall be required to prove the damage, the defect and the causal relationship between defect and damage.  Article 5  Where, as a result of the provisions of this Directive, two or more persons are liable for the same damage, they shall be liable jointly and severally, without prejudice to the provisions of national law concerning the rights of contribution or recourse.  Article 6  1. A product is defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account, including:  (a) the presentation of the product;  (b) the use to which it could reasonably be expected that the product would be put;  (c) the time when the product was put into circulation.  2. A product shall not be considered defective for the sole reason that a better product is subsequently put into circulation.  Article 7  The producer shall not be liable as a result of this Directive if he proves:  (a) that he did not put the product into circulation; or  (b) that, having regard to the circumstances, it is probable that the defect which caused the damage did not exist at the time when the product was put into circulation by him or that this defect came into being afterwards; or  (c) that the product was neither manufactured by him for sale or any form of distribution for economic purpose nor manufactured or distributed by him in the course of his business; or  (d) that the defect is due to compliance of the product with mandatory regulations issued by the public authorities; or  (e) that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of the defect to be discovered; or  (f) in the case of a manufacturer of a component, that the defect is attributable to the design of the product in which the component has been fitted or to the instructions given by the manufacturer of the product.  Article 8  1. Without prejudice to the provisions of national law concerning the right of contribution or recourse, the liability of the producer shall not be reduced when the damage is caused both by a defect in product and by the act or omission of a third party.  2. The liability of the producer may be reduced or disallowed when, having regard to all the circumstances, the damage is caused both by a defect in the product and by the fault of the injured person or any person for whom the injured person is responsible.  Article 9  For the purpose of Article 1, 'damage' means:  (a) damage caused by death or by personal injuries;  (b) damage to, or destruction of, any item of property other than the defective product itself, with a lower threshold of 500 ECU, provided that the item of property:  (i) is of a type ordinarily intended for private use or consumption, and  (ii) was used by the injured person mainly for his own private use or consumption.  This Article shall be without prejudice to national provisions relating to non-material damage.  Article 10  1. Member States shall provide in their legislation that a limitation period of three years shall apply to proceedings for the recovery of damages as provided for in this Directive. The limitation period shall begin to run from the day on which the plaintiff became aware, or should reasonably have become aware, of the damage, the defect and the identity of the producer.  2. The laws of Member States regulating suspension or interruption of the limitation period shall not be affected by this Directive. Article 11  Member States shall provide in their legislation that the rights conferred upon the injured person pursuant to this Directive shall be extinguished upon the expiry of a period of 10 years from the date on which the producer put into circulation the actual product which caused the damage, unless the injured person has in the meantime instituted proceedings against the producer.  Article 12  The liability of the producer arising from this Directive may not, in relation to the injured person, be limited or excluded by a provision limiting his liability or exempting him from liability.  Article 13  This Directive shall not affect any rights which an injured person may have according to the rules of the law of contractual or non-contractual liability or a special liability system existing at the moment when this Directive is notified.  Article 14  This Directive shall not apply to injury or damage arising from nuclear accidents and covered by international conventions ratified by the Member States.  Article 15  1. Each Member State may:  (a) by way of derogation from Article 2, provide in its legislation that within the meaning of Article 1 of this Directive 'product' also means primary agricultural products and game;  (b) by way of derogation from Article 7 (e), maintain or, subject to the procedure set out in paragraph 2 of this Article, provide in this legislation that the producer shall be liable even if he proves that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of a defect to be discovered.  2. A Member State wishing to introduce the measure specified in paragraph 1 (b) shall communicate the text of the proposed measure to the Commission. The Commission shall inform the other Member States thereof.  The Member State concerned shall hold the proposed measure in abeyance for nine months after the Commission is informed and provided that in the meantime the Commission has not submitted to the Council a proposal amending this Directive on the relevant matter. However, if within three months of receiving the said information, the Commission does not advise the Member State concerned that it intends submitting such a proposal to the Council, the Member State may take the proposed measure immediately.  If the Commission does submit to the Council such a proposal amending this Directive within the aforementioned nine months, the Member State concerned shall hold the proposed measure in abeyance for a further period of 18 months from the date on which the proposal is submitted.  3. Ten years after the date of notification of this Directive, the Commission shall submit to the Council a report on the effect that rulings by the courts as to the application of Article 7 (e) and of paragraph 1 (b) of this Article have on consumer protection and the functioning of the common market. In the light of this report the Council, acting on a proposal from the Commission and pursuant to the terms of Article 100 of the Treaty, shall decide whether to repeal Article 7 (e).  Article 16  1. Any Member State may provide that a producer's total liability for damage resulting from a death or personal injury and caused by identical items with the same defect shall be limited to an amount which may not be less than 70 million ECU.  2. Ten years after the date of notification of this Directive, the Commission shall submit to the Council a report on the effect on consumer protection and the functioning of the common market of the implementation of the financial limit on liability by those Member States which have used the option provided for in paragraph 1. In the light of this report the Council, acting on a proposal from the Commission and pursuant to the terms of Article 100 of the Treaty, shall decide whether to repeal paragraph 1.  Article 17  This Directive shall not apply to products put into circulation before the date on which the provisions referred to in Article 19 enter into force.  Article 18  1. For the purposes of this Directive, the ECU shall be that defined by Regulation (EEC) No 3180/78 (1), as amended by Regulation (EEC) No 2626/84 (2). The equivalent in national currency shall initially be calculated at the rate obtaining on the date of adoption of this Directive.  2. Every five years the Council, acting on a proposal from the Commission, shall examine and, if need be, revise the amounts in this Directive, in the light of economic and monetary trends in the Community.  Article 19  1. Member States shall bring into force, not later than three years from the date of notification of this Directive, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof (1).  2. The procedure set out in Article 15 (2) shall apply from the date of notification of this Directive.  Article 20  Member States shall communicate to the Commission the texts of the main provisions of national law which they subsequently adopt in the field governed by this Directive.  Article 21  Every five years the Commission shall present a report to the Council on the application of this Directive and, if necessary, shall submit appropriate proposals to it.  Article 22  This Directive is addressed to the Member States.  Done at Brussels, 25 July 1985.  For the Council  The President  J. POOS  (1) OJ No C 241, 14. 10. 1976, p. 9 and OJ No C 271, 26. 10. 1979, p. 3.  (2) OJ No C 127, 21. 5. 1979, p. 61.  (3) OJ No C 114, 7. 5. 1979, p. 15.  (1) OJ No L 379, 30. 12. 1978, p. 1.  (2) OJ No L 247, 16. 9. 1984, p. 1.  (1) This Directive was notified to the Member States on 30 July 1985.