Avis juridique important

|

31989L0338

Council Directive 89/338/EEC of 27 April 1989 amending Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles

Official Journal L 142 , 25/05/1989 P. 0003 - 0006 Finnish special edition: Chapter 13 Volume 19 P. 0005  Swedish special edition: Chapter 13 Volume 19 P. 0005

COUNCIL DIRECTIVE of 27 April 1989 amending Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles (89/338/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 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 Directive 85/3/EEC (4), as last amended by Directive 88/218/EEC (5), lays down certain weights and dimensions and other technical characteristics for certain road vehicles intended for the carriage of goods;  Whereas certain weights and dimensions should also be fixed for other vehicles, including vehicles used for passenger transport, namely motor vehicles with two, three and four axles, including articulated buses, and combined vehicles with four axles;  Whereas account must be taken of the equipment of the vehicle (twin tyres and air suspension or suspension recognized as being equivalent within the Community) in order to establish the maximum authorized weights for motor vehicles with three and four  axles and for the tandem axles of motor vehicles;  Whereas the condition of certain sections of the road network in Ireland and the United Kingdom does not at present permit the application of all the provisions of this Directive; whereas, therefore, the application of certain of these provisions in  those two Member States should be postponed temporarily; whereas the Council, acting on a proposal from the Commission, is to set, no later than 1 July 1989, the date on which those derogations will cease to apply,   HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 85/3/EEC is hereby amended as follows:  1.  Article 1 (1) (a) is replaced by the following:  '(a)  the dimensions of vehicles with at least four wheels and a maximum speed in excess of 25 kilometres per hour, intended to be used on the road for:  - either the carriage of goods where their maximum laden weight is greater than 3,5 tonnes,  - or passenger transport where they have more than nine seats, including the driver's seat;'.  2.  Article 2 is replaced by the following:  'Article 2 For the purposes of this Directive:  - "motor vehicle" shall mean any power-driven vehicle which travels on the road by its own means,  - "trailer" shall mean any vehicle intended to be coupled to a motor vehicle excluding semi-trailers, and constructed and equipped for the carriage of goods,  - "semi-trailer" shall mean any vehicle intended to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle with a substantial part of its weight and of the weight of its load being borne by the motor vehicle, and  constructed and equipped for the carriage of goods,  - "combined vehicle" shall mean either:  - a road train consisting of a motor vehicle coupled to a trailer, or - an articulated vehicle consisting of a motor vehicle coupled to a semi-trailer,  - "thick-walled refrigerated vehicle" shall mean any vehicle whose fixed or movable superstructures are specially equipped for the carriage of goods at controlled temperatures in accordance with classes B,  C, E and F of the Agreement of 1 September 1970 on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP) and whose side walls, inclusive of insulation, are each at least 45 millimetres thick,   - "bus" shall mean a vehicle with more than nine seats including the driver's seat, and constructed and equipped to carry passengers and their luggage. It may have one or two decks and may also draw a luggage trailer,  - "articulated bus" shall mean a bus consisting of two rigid sections connected to each other by an articulated section. On this type of vehicle the passenger compartments in each of the two rigid sections shall be intercommunicating. The articulated  section shall permit the free movement of travellers between the rigid sections. Connection and disconnection of the two sections shall be possible only in a workshop,  - "maximum authorized dimensions" shall mean the maximum dimensions at which a vehicle is authorized for use in international traffic under this Directive by the competent authority of the State in which the vehicle is registered or put into  circulation,  - "maximum authorized weight" shall mean the maximum weight at which a laden vehicle is authorized for use in international traffic under this Directive by the competent authority of the State in which the vehicle is registered or put into circulation,   - "maximum authorized axle weight" shall mean the maximum weight at which a laden axle or group of axles is authorized for use in international traffic under this Directive by the competent authority of the State in which the vehicle is registered or  put into circulation.' 3.  Article 7 is replaced by the following:  'Article 7 After consulting the Commission, Member States shall take the measures necessary to comply with this Directive:  - as from 1 July 1986 as regards application of provisions of the Directive other than those referred to in the following indents.  - no later than 1 January 1989 as regards the application of section 1.2 (b) of Annex I,  - as from 1 January 1990 as regards the application of Article 4 and Annex II,  - as from 1 July 1991 as regards the application of section 1 of Annex I concerning vehicles intended for passenger transport,  - as from 1 January 1992 as regards the application of section 3.4.1 of Annex I,  - as from 1 January 1993 as regards the application of sections 2.2.3, 2.2.4, 2.3, 2.4, 3.4.2, 3.5 and 4.3 of Annex I.  Member States shall inform the Commission of the measures which they take for the purposes of implementing this Directive.' 4.  Article 8 is amended as follows:  - in paragraph 1, the first subparagraph shall be replaced by the following:  '1. The provisions of Article 3 as regards the standards referred to in sections 2.2.1, 2.2.2 and 3.3.2 of Annex I shall temporarily not apply to Ireland and the United Kingdom.',   .  - paragraph 3 is replaced by the following:  '3.  The provisions of Article 3 as regards the standard referred to in section 3.4.1 of Annex I shall temporarily not apply to Ireland and the United Kingdom.  However, these two Member States shall apply Article 3 to the combined vehicles referred to in sections 2.2.1 and 2.2.2 of Annex I where the weight per driving axle does not exceed 10,5 tonnes.',  - the following paragraphs are added:  '5.  The provisions of Article 3 as regards the standards referred to in sections 2.2.3, 2.2.4, 2.3.1, 2.3.3, 2.4 and 3.4.2 of Annex I shall temporarily not apply to Ireland and the United Kingdom.  However, these two Member States shall apply Article 3 to the vehicles referred to in sections 2.2.3, 2.2.4, 2.3 and 2.4 of Annex I where:  (a)  the weight per driving axle does not exceed 10,5 tonnes and (b) the total laden weight does not exceed:  - 35 tonnes for the vehicles referred to in sections 2.2.3 and 2.2.4,  - 17 tonnes for the vehicles referred to in section 2.3.1,  - 30 tonnes for the vehicles referred to in section 2.3.3, under the conditions specified in that section and in section 4.3,  - 27 tonnes for the vehicles referred to in section 2.4.  6.  The Commission shall submit to the Council, within one month of the adoption of this Directive, a proposal based on it concerning the date on which the derogation referred to in paragraph 5 shall expire.  The Council shall act by a qualified majority on that proposal before 1 July 1989.' 5.  Annex I is amended as follows:  (a)  the following indent is added to section 1.1:   .  (a)  '2.2.3.3.  '- articulated bus  18,00 m';   (b) the following subsections are added to section 2.2:  '2.2.3.  Road trains with four axles consisting of a two-axle motor vehicle and a two-axle trailer  36 tonnes  '2.2.4.  Articulated vehicles with four axles consisting of a two-axle motor vehicle and a two-axle semi-trailer, if the distance between the axles of the semi-trailer:   '2.2.4.1.  is 1,3 m or greater but not more than 1,8 m  36 tonnes  '2.2.4.2.  is greater than 1,8 m  36 tonnes   margin when the MAW of the motor vehicle (18 tonnes) and the MAW of the tandem axle of the semi-trailer (20 tonnes) are respected and the driving axle is fitted with twin tyres and air suspension or suspension recognized as being equivalent within the  Community.';  + 2 tonnes of  (c) the following sections are added:  '2.3.  Motor vehicles  '2.3.1.  Two-axle motor vehicles  18 tonnes  '2.3.2.  Three-axle motor vehicles - 25 tonnes - 26 tonnes where the driving axle is fitted with twin tyres and air suspension or suspension recognized as being equivalent within the Community  '2.3.3.  Four-axle motor vehicles with two steering axles 32 tonnes where the driving axle is fitted with twin tyres and air suspension or suspension recognized as being equivalent within the Community  '2.4.  Three-axle articulated buses 28 tonnes.';   (d) Section 3 is amended as follows:  - Section 3.4 are subdivided thus:  - '3.4.  Driving axle  - '3.4.1.  Driving axle of the vehicles referred to in sections 2.2.1 and 2.2.2 11,5 tonnes  - '3.4.2.  Driving axle of the vehicles referred to in sections 2.2.3, 2.2.4, 2.3 and 2.4 11,5 tonnes',   - the following section is added:   - '3.5.  Tandem axles of motor vehicles.   The sum of the axle weights per tandem axle must not exceed, if the distance (d) between the axles is:   - '3.5.1.  less than 1 m (d <  1,0 m) 11,5 tonnes - '3.5.2.  1,0 m or greater but less than 1,3 m (1,0 m 9 d <  1,3 m) 16 tonnes  - '3.5.3.  1,3 m or greater but less than 1,8 m (1,3 m 9 d <  1,8 m) - 18 tonnes - 19 tonnes where the driving axle is fitted with twin tyres and air suspension or suspension recognized as being equivalent within the Community';   (e) The following is added to section 4:   '4.3.  Maximum authorized weight depending on the wheelbase.  The maximum authorized weight in tonnes of a four-axle motor vehicle may not exceed five times the distance in metres between the axes of the foremost and rearmost axles of the vehicle.'  Article 2 This Directive is addressed to the Member States.   Done at Luxembourg, 27 April 1989.  For the Council The President J. BARRIONUEVO PEÑA  (1) OJ No C 90, 11. 9. 1971, p. 25; OJ No C 16, 18. 1. 1979, p. 3; OJ No C 173, 2. 7. 1988, p. 12. (2) OJ No C 124, 17. 12. 1971, p. 63; OJ No C 144, 15. 6. 1981, p. 80; OJ No C 187, 18. 7. 1988, p. 209. (3) OJ No C 61, 10. 6. 1972, p. 5; OJ No C 113, 7. 5. 1980, p. 14; OJ No C 208, 8. 8. 1988, p. 56. (4) OJ No L 2, 3. 1. 1985, p. 14. (5) OJ No L 98, 15. 4. 1988, p. 48.


Avis juridique important

|

31994L0042

Council Directive 94/42/EC of 27 July 1994 amending Directive 64/432/EEC on health problems affecting intra- Community trade in bovine animals and swine

Official Journal L 201 , 04/08/1994 P. 0026 - 0027 Finnish special edition: Chapter 3 Volume 60 P. 0088  Swedish special edition: Chapter 3 Volume 60 P. 0088

COUNCIL DIRECTIVE 94/42/EC of 27 July 1994 amending Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swineTHE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particualr Article 43 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 Council has adopted Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (4) and  Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries (5);  Whereas it is necessary, in the light of this situation, to amend Council Directive 64/432/EEC of 26 June 1964 on health problems affecting intra-Community trade in bovine animals and swine (6), in particular concerning the period of presence in a  Member State prior to movement and the rules for trade in animals under thirty days of age,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 64/432/EEC is hereby amended as follows:  1. In Article 2, the following point shall be inserted;  'collection centre: shall mean any site, including holdings and markets, at which bovine animals or swine originating from different holdings are grouped together to form consignments of animals intended for trade, which has the equipment and facilities  required for holding animals and which is placed under the care of the veterinary authority responsible. The latter shall take all the measures needed to ensure that, for the animals passing through it, this collection centre constitutes an animal  health unit of the level required by this Directive which is cleared of animals, eaned and disinfected after each sale and the admission of further animals. These collection centres must be approved for trading purposes';  2. In Article 3, the following shall be added to point 2 (i):  'However, where several destinations are involved, the animals must be regrouped in as many consignments as there are destiantions. Each consignment must be accompanied to the destination given on the aforementioned certificate. This exemption can be  granted only to recipients who have been registered by the competent authority of the place of destination in advance and to approved transport operators subject to specifications concerning the disinfection of the vehicles and animal welfare rules';  3. The following subparagraph shall be inserted in Article 3 (2) (f) (iii):  'Rules for the approval of sites where disinfection may be carried out and the procedures necessary to ensure and verify compliance with veterinary requirements shall be determined in accordance with the provisions of Article 12';  4. In Article 3 (7) and (9):  (i) 'market' shall be replaced by 'collection centre';  (ii) 'and/or the assembly point' shall be deleted;  5. The following Article shall be inserted:  'Article 3a Without prejudice to the checks provided for by Directive 90/425/EEC, Member States shall ensure that animals which were not born on a given holding and wahich have not remained during the previous thirty days on the territory of the Member States  within which the holding is situated may not be brought into the herd until the veterinarian responsible for that holding has ascertained that the animals in question are not likely to jeopardize the health status of the holding';  6. Article 4 shall be deleted.   Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1995. They shall forthwith inform the Commission thereof.  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 reference shall be laid down by Member States.   2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.  3. Pending implementation of the provisions referred to in this Directive, the relevant national rules shall apply in compliance with the general provisions of the Treaty.   Article 3  This Directive is addressed to the Member States.  Done at Brussels, 27 July 1994.  For the Council The President Th. WAIGEL  (1) OJ No C 33, 2. 2. 1994, p. 1.  (2) OJ No C 128, 9. 5. 1994.  (3) OJ No C 133, 16. 5. 1994, p. 31.  (4) OJ No L 224, 18. 8. 1990, p. 29. Directive as last amended by Directive 92/118/EEC (OJ No L 62, 15. 3. 1993, p. 49).  (5) OJ No L 268, 24. 9. 1991, p. 56. Directive as last amended by Decision 92/438/EEC (OJ No L 243, 25. 8. 1992, p. 27.) (6) OJ No L 121, 29. 7. 1964, 1977/64. Directive as last amended by Directive 92/102/EEC (OJ No L 355, 5. 12. 1992, p. 32).


Avis juridique important

|

32003L0122

Council Directive 2003/122/Euratom of 22 December 2003 on the control of high-activity sealed radioactive sources and orphan sources

Official Journal L 346 , 31/12/2003 P. 0057 - 0064

Council Directive 2003/122/Euratomof 22 December 2003on the control of high-activity sealed radioactive sources and orphan sourcesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31(2) and 32 thereof,Having regard to the proposal from the Commission, drawn up after obtaining the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts in the Member States, in accordance with Article 31 of the Treaty,After consulting the European Economic and Social Committee,Having regard to the opinion of the European Parliament(1),Whereas:(1) Article 30 of the Treaty requires basic standards to be laid down within the Community for the protection of the health of workers and the general public against the dangers arising from ionising radiation.(2) Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation(2), continues the line of directives laying down basic safety standards since 1959.(3) Article 4(1)(e) of Directive 96/29/Euratom requires prior authorisation for, amongst other practices, the use of radioactive sources for industrial radiography or processing of products or research or the exposure of persons for medical treatment. It is appropriate to extend this requirement to all practices involving high-activity radioactive sources in order further to reduce the likelihood of accidents involving such sources.(4) Prior to authorisation, adequate arrangements and provision for the safe management of sources should exist.(5) The International Atomic Energy Agency (IAEA) issues regulations for the safe transport of radioactive material that include activity limits for the requirements of the regulations, which should provide an appropriate basis for defining high-activity sealed radioactive sources within the scope of this Directive(3).(6) In Directive 96/29/Euratom exemption values were laid down for the reporting of a practice to the authorities. These values were defined in that Directive on the basis of a negligible level of risk. As the requirements of this Directive should not put an administrative burden on the holders of small sources that is not commensurate with the possible health detriment, the definition of high activity radioactive sources should not be extended to the exemption levels of Directive 96/29/Euratom.(7) Shipments of sealed sources between Member States are subject to the procedure established by Council Regulation (Euratom) No 1493/93 of 8 June 1993 on shipments of radioactive substances between Member States(4).(8) Although the legal requirements deriving from existing legislation at Community and at national level ensure basic protection, high-activity sources still imply considerable potential risks for human health and for the environment and therefore need to be subject to a strict control from the time they are manufactured to the time they are placed in a recognised installation for their long-term storage or disposal.(9) Prevention of radiological accidents and injuries requires the location of each high-activity source to be known, recorded and verified from the time the source is manufactured or imported into the Community to the time it is placed in a recognised installation for its long-term storage or disposal or it is exported from the Community. Changes in the situation of a high-activity source, e.g. its location or use, should also be recorded and notified. Physical or financial obstacles should not hinder any appropriate reuse, recycling or disposal of such sources when disused under any reasonably foreseeable circumstances.(10) Cases of unintentional exposure should be notified to the competent authority.(11) Movements within the Community of high-activity sources make it necessary to harmonise the control of and information on such sources through the application of minimum criteria.(12) Experience shows that, despite the existence of an appropriate regulatory framework, control of high-activity sources may nevertheless be lost. Furthermore, the existence of orphan sources resulting from past activities requires that specific initiatives be undertaken.(13) Accordingly, it is necessary to provide for the identification, marking and recording of each high-activity source as well as for the specific training and informing of all those involved in activities relating to the use of sources. However, the marking of existing high-activity sources by engraving or stamping by persons other than the manufacturer could be problematic and should be avoided. It is also advisable to provide appropriate training and information for those who may deal accidentally with orphan sources.(14) It is also necessary to provide for suitable means of dealing with orphan high-activity sources for international cooperation and exchange of information in this area, for inspection and, finally, for making financial provision for cases in which the original holder either cannot be identified or, even if identified, is found to be insolvent.(15) The Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented; those penalties should be effective, proportionate and dissuasive,HAS ADOPTED THIS DIRECTIVE:Article 1Purpose and scope1. The purpose of this Directive is to prevent exposure of workers and the public to ionising radiation arising from inadequate control of high-activity sealed radioactive sources and orphan sources and to harmonise controls in place in the Member States by defining specific requirements ensuring that each such source is kept under control.2. This Directive applies to high-activity sources as defined in Article 2. Member States may exclude sources from the scope of this Directive once their activity has fallen below the exemption levels specified in Directive 96/29/Euratom.3. The minimum obligations resulting from this Directive supplement those set out in Directive 96/29/Euratom.Article 2DefinitionsFor the purpose of this Directive, the following definitions shall apply:(a) "orphan source" means a sealed source, the activity level of which, at the time of its discovery, is above the exemption level referred to in Article 3(2)(a) of Directive 96/29/Euratom, and which is not under regulatory control, either because it has never been under regulatory control or because it has been abandoned, lost, misplaced, stolen or transferred, without proper notification of the competent authority, to a new holder or without informing the recipient;(b) "high-activity source", hereinafter referred to as "source", means a sealed source containing a radionuclide whose activity at the time of manufacture or, if this is not known, of the first placing on the market is equal to or exceeds the relevant activity level specified in Annex I;(c) "practice" has the meaning given to it by Directive 96/29/Euratom;(d) "authorisation" means permission granted in a document by competent authorities, on request, to carry out a practice involving a source;(e) "competent authority" means any authority designated by a Member State to carry out tasks in accordance with this Directive;(f) "disused source" means a source which is no longer used or intended to be used for the practice for which authorisation was granted;(g) "holder" means any natural or legal person who is responsible under national law for a source, including manufacturers, suppliers and users of sources but excluding "recognised installations";(h) "manufacturer" means any natural or legal person who manufactures a source;(i) "recognised installation" means a facility located in the territory of a Member State authorised by the competent authorities of that State in accordance with national law for the long-term storage or disposal of sources or an installation duly authorised under national law for the interim storage of sources;(j) "exposed worker" has the meaning given to it by Directive 96/29/Euratom;(k) "sealed source" has the meaning given to it by Directive 96/29/Euratom and includes the capsule, where applicable, enclosing the radioactive material as an integral part of the source;(l) "supplier" means any natural or legal person who supplies or makes available a source;(m) "transfer" of a source means a transfer of a source from one holder to another one;(n) "source container" means the containment of a sealed source not being an integral part of the source, but meant for transport, handling, etc.Article 3Authorisation1. Member States shall require the holder to obtain prior authorisation for any practice involving a source, including taking possession of a source.2. Member States shall ensure that, before issuing authorisation:(a) adequate arrangements, including those arising from this Directive, have been made for the safe management of sources, including when they become disused sources. These latter arrangements may provide for the transfer of these sources to the supplier or their placement in a recognised installation or an obligation for the manufacturer or the supplier to receive these sources;(b) adequate provision, by way of a financial security or any other equivalent means appropriate to the source in question, have been made for the safe management of sources when they become disused sources, including the case where the holder becomes insolvent or goes out of business.3. Member States shall ensure that the authorisation covers:(a) responsibilities;(b) minimum staff competencies, including information and training;(c) minimum source, source container and additional equipment performance criteria;(d) requirements for emergency procedures and communication links;(e) work procedures to be followed;(f) maintenance of equipment, sources and containers;(g) adequate management of disused sources, including agreements regarding the transfer, if appropriate, of disused sources to a supplier, another authorised holder or a recognised installation.Article 4TransfersMember States shall set up a system to enable them to be adequately informed of individual transfers of sources.Article 5Records1. The holder shall keep records of all sources under his responsibility, their location and their transfer. The records shall include the information set out in Annex II. This information may be recorded on a standard record sheet pursuant to paragraph 5.2. The holder shall provide the competent authority with an electronic or written copy of all or part of the records referred to in paragraph 1, as required by the Member State concerned,- without undue delay, at the time of the establishment of such records, which should be as soon as possible after the source is acquired,- at intervals, to be determined by Member States/competent authorities, of not more than 12 months thereafter,- if the situation indicated on the information sheet has changed,- without undue delay on the closure of the records for a specific source when the holder no longer holds this source; in this case the name of the holder or recognised installation to which the source is transferred shall be included,- without undue delay on the closure of such records when the holder no longer holds any sources, and- whenever so requested by the competent authority.The holder's records shall be available for inspection by the competent authority.3. The competent authorities shall keep records of authorised holders and of the sources they hold. These records shall include the radionuclide involved, the activity at the time of manufacture, or if this activity is not known, the activity at the time of the first placing on the market or at the time the holder acquired the source, and the type of source.4. The competent authorities shall keep the records up to date, taking transfers into account, among other factors.5. The Commission shall make available in electronic format the standard record sheet for the records set out in Annex II.6. The Commission may, in accordance with the procedure referred to in Article 17, update the required information set out in Annex II and the standard record sheet for the records set out in Annex II.Article 6Requirements for holdersEach holder of sources shall:(a) ensure that suitable tests, such as leak tests based on international standards, are undertaken regularly in order to check and maintain the integrity of each source;(b) regularly verify, at specific intervals which may be determined by Member States, that each source and, where relevant, the equipment containing the source, is still present and in apparently good condition at its place of use or of storage;(c) ensure that each fixed and mobile source is subject to adequate documented measures, such as written protocols and procedures, aimed at preventing unauthorised access to or loss or theft of the source or its damage by fire;(d) promptly notify the competent authority of any loss, theft or unauthorised use of a source, arrange for a check on the integrity of each source after any event, including fire, that may have damaged the source and, if appropriate, inform the competent authority thereof and of the measures taken;(e) return each disused source to the supplier or place it in a recognised installation or transfer it to another authorised holder unless otherwise agreed by the competent authority, without undue delay after termination of the use;(f) ascertain that, before a transfer is made, the recipient holds appropriate authorisation;(g) promptly notify the competent authority of any incident or accident resulting in unintentional exposure of a worker or a member of the public.Article 7Identification and marking1. The manufacturer shall identify or, in the case of sources imported from outside the Community, the supplier shall ensure that each source is identified by a unique number. This number shall be engraved or stamped on the source, where practicable.This number shall also be engraved or stamped on the source container. If this is not feasible or in the case of reusable transport containers, the source container shall at least have information on the nature of the source.The manufacturer or the supplier shall ensure that the source container and, where practicable, the source are marked and labelled with an appropriate sign to warn people of the radiation hazard.The manufacturer shall provide a photograph of each manufactured source design type and of the typical source container.2. The holder shall ensure that each source is accompanied by written information indicating that the source is identified and marked in compliance with paragraph 1 and that the markings and labels referred to in paragraph 1 remain legible. The information shall include photographs of the source, source container, transport packaging, device and equipment as appropriate.Article 8Training and information1. When arranging information and training in the field of radiation protection in compliance with Article 22 of Directive 96/29/Euratom, the holder shall ensure that such training includes specific requirements for the safe management of sources.The information and training shall place particular emphasis on the necessary safety requirements and shall contain specific information on possible consequences of the loss of adequate control of sources.The information and training shall be repeated at regular intervals and documented, with a view to preparing the relevant workers adequately for such events.The relevant information and training shall be addressed to exposed workers.2. Member States shall provide encouragement to ensure that the management and workers in installations where orphan sources are most likely to be found or processed (e.g. large metal scrap yards and major metal scrap recycling plants), and the management and workers in significant nodal transit points (e.g. customs posts), are(a) informed of the possibility that they may be confronted with a source;(b) advised and trained in the visual detection of sources and of their containers;(c) informed of basic facts about ionising radiation and its effects;(d) informed of and trained in the action to be taken on site in the event of the detection or suspected detection of a source.Article 9Orphan sources1. Member States shall ensure that the competent authorities are prepared, or have made provision, including assignment of responsibilities, to recover orphan sources and to deal with radiological emergencies due to orphan sources and have drawn up appropriate response plans and measures.2. Member States shall ensure that specialised technical advice and assistance is promptly made available to the persons, not normally involved in operations subject to radiation protection requirements, who suspect the presence of an orphan source. The primary aim of advice and assistance shall be the protection of workers and members of the public from radiation and the safety of the source.3. Member States shall encourage the establishment of systems aimed at detecting orphan sources in places such as large metal scrap yards and major metal scrap recycling installations where orphan sources may generally be encountered, or at significant nodal transit points, wherever appropriate, such as customs posts.4. Member States shall ensure that campaigns are organised, as appropriate, to recover orphan sources left behind from past activities.The campaigns may include the financial participation of Member States in the costs of recovering, managing and disposing of the sources and may also include surveys of historical records of authorities, such as customs, and of holders, such as research institutes, material testing institutes or hospitals.Article 10Financial security for orphan sourcesMember States shall ensure that, on the basis of arrangements to be decided by Member States, a system of financial security is established or any other equivalent means to cover intervention costs relating to the recovery of orphan sources and which may result from implementation of the requirements set out in Article 9.Article 11International cooperation and information exchangeEach Member State shall promptly exchange information and cooperate with other relevant Member States or third countries and with relevant international organisations as regards loss, removal, theft or discovery of sources and as regards related follow-up or investigations, without prejudice to relevant confidentiality requirements and relevant national regulations.Article 12InspectionsMember States shall establish or maintain a system of inspection to enforce the provisions introduced in compliance with this Directive.Article 13Competent authority1. Member States shall designate the competent authority to carry out tasks in accordance with this Directive.2. Member States shall forward to the Commission the name and the address of the competent authority and all necessary information for rapidly communicating with such authorities.3. Where Member States have more than one competent authority, they shall designate one point of contact to act as an interface with correspondents in other Member States.4. Member States shall forward to the Commission any changes to the data referred to in paragraphs 2 and 3.5. The Commission shall communicate the information referred to in paragraphs 2, 3 and 4 to all competent authorities in the Community and shall publish it periodically in the Official Journal of the European Union, at intervals of no more than two years.Article 14Report on experienceBy 31 December 2010, Member States shall report to the Commission on the experience gained in the implementation of this Directive, including consideration of any effect which Article 1(2) may have had.On that basis, the Commission shall submit a report to the European Parliament, the Council and the European Economic and Social Committee.Article 15PenaltiesMember States shall determine the penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The penalties shall be effective, proportionate and dissuasive.Article 16Transposition1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 31 December 2005.Member States may provide, as regards sources placed on the market before the date referred to in the first subparagraph, that:(a) Articles 3 to 6 shall not apply until 31 December 2007;(b) Article 7 shall not apply, with the exception of the following requirements which shall apply by 31 December 2007 at the latest:- the holder shall ensure that, if practicable, each such source and the source container are accompanied by written information to identify the source and its nature,- the holder shall ensure that, if practicable, each such source, if practicable, and the source container are labelled with an appropriate sign to warn people of the radiation hazard.Where these measures are adopted by the Member States, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive, together with a table showing how the provisions of this Directive correspond to the national provisions adopted.Article 17CommitteeThe Commission shall be assisted in performing the tasks laid down in Article 5(6) by an Advisory Committee composed of the representatives of the Member States and chaired by the representative of the Commission.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, if necessary by taking a vote.The opinion of the Committee shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been take into account.Article 18Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 19This Directive is addressed to the Member States.Done at Brussels, 22 December 2003.For the CouncilThe PresidentA. Matteoli(1) Opinion of 18 November 2003 (not yet published in the Official Journal).(2) OJ L 159, 29.6.1996, p. 1.(3) IAEA Safety Standards Series No TS-R-1 (ST, Revised), Vienna, 2000.(4) OJ L 148, 19.6.1993, p. 1.ANNEX IActivity levelsFor radionuclides not listed in the table below, but referred to in Annex I, Table A, of Directive 96/29/Euratom, the relevant activity level is one hundredth of the corresponding A1 value given in the IAEA Regulations for the safe transport of radioactive materials(1).>TABLE>(1) No TS-R-1 (ST-1, revised) - International Atomic Energy Agency, Vienna 2000.ANNEX II>PIC FILE= "L_2003346EN.006402.TIF">


Avis juridique important

|

31976L0759

Council Directive 76/759/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to direction indicator lamps for motor vehicles and their trailers

Official Journal L 262 , 27/09/1976 P. 0071 - 0084 Finnish special edition: Chapter 13 Volume 5 P. 0100  Greek special edition: Chapter 13 Volume 4 P. 0042  Swedish special edition: Chapter 13 Volume 5 P. 0100  Spanish special edition: Chapter 13 Volume 5 P. 0110  Portuguese special edition Chapter 13 Volume 5 P. 0110

COUNCIL DIRECTIVE  of 27 July 1976  on the approximation of the laws of the Member States relating to direction indicator lamps for motor vehicles and their trailers  (76/759/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to their direction indicator lamps;  Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure which was the subject of Council Directive 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 (3), to be introduced in respect of each type of vehicle;  Whereas in Directive 76/756/EEC (4), the Council laid down the common requirements for the installation of lighting and light-signalling devices on motor vehicles and their trailers;  Whereas a harmonized type-approval procedure for direction indicator lamps makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of direction indicator lamp ; whereas the placing of an EEC component type-approval mark on all direction indicator lamps manufactured in conformity with the approved type obviates any need for technical checks on these direction indicator lamps in the other Member States;  Whereas, it is desirable to take into account the technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 6 ("Uniform provisions for the approval of direction indicators for motor vehicles (except motor cycles) and their trailers") (5), which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions for approval and reciprocal recognition of approval for motor vehicle equipment and parts;  Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements,  HAS ADOPTED THIS DIRECTIVE:     Article 1 1. Each Member State shall grant EEC component type-approval for any type of direction indicator lamp which satisfies the construction and testing requirements laid down in Annexes 0, I, III, IV and V.  2. The Member State which has granted EEC component type-approval shall take the measures required in order to verify that production models conform to the approved type, in so far as this is necessary and if need be in cooperation with the competent authorities in the other Member States. Such verification shall be limited to spot checks.  (1)OJ No 28, 17.2.1967, p. 458/67. (2)OJ No 224, 5.12.1966, p. 3802/66. (3)OJ No L 42, 23.2.1970, p. 1. (4)See page 1 of this Official Journal. (5)Economic Commission for Europe, Document E/ECE/324, Addendum 5 of 22 May 1967.    Article 2 Member States shall, for each type of direction indicator lamp which they approve pursuant to Article 1, issue to the manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex III.  Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between direction indicator lamps which have been type-approved pursuant to Article 1, and other devices.   Article 3 1. No Member State may prohibit the placing on the market of direction indicator lamps on grounds relating to their construction or method of functioning if they bear the EEC component type-approval mark.  2. Nevertheless, a Member State may prohibit the placing on the market of direction indicator lamps bearing the EEC component type-approval mark which consistently fail to conform to the approved type.  That State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.   Article 4 The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates, an example of which is given in Annex II, completed for each type of direction indicator lamp which they approve or refuse to approve.   Article 5 1. If the Member State which has granted EEC component type-approval finds that a number of direction indicator lamps bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may, where there is consistent failure to conform, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.  2. The competent authorities of Member States shall within one month inform each other of any withdrawal of EEC component type-approval, and of the reasons for such a measure.   Article 6 Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw component type-approval for a direction indicator lamp or prohibit its placing on the market or use shall set out in detail the reasons on which it is based. Such decisions shall be notified to the party concerned, who shall at the time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.   Article 7 No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to its direction indicator lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.   Article 8 No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its direction indicator lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.   Article 9 For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception or vehicles which run on rails, agricultural tractors and machinery and public works vehicles.   Article 10 Any amendments necessary to adjust 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.    Article 11 1. Member States shall adopt and publish the provisions necessary in order to comply with this Directive before 1 July 1977 and shall forthwith inform the Commission thereof. They shall apply these provisions from 1 October 1977 at the latest.  2. Once this Directive has been notified, the Member States shall also ensure that the Commission is informed, in sufficient time for it to submit its comments, of any draft laws, regulations or administrative provisions which they propose to adopt in the field covered by this Directive.   Article 12 This Directive is addressed to the Member States.          Done at Brussels, 27 July 1976.  For the Council  The President  M. van der STOEL        List of Annexes   >PIC FILE= "T9000983">  ANNEX 0 DEFINITION, GENERAL SPECIFICATIONS, INTENSITY OF LIGHT EMITTED, TEST PROCEDURE, COLOUR OF LIGHT EMITTED, CONFORMITY OF PRODUCTION   1. DEFINITION    1.1. Direction indicator lamp   "Direction indicator lamp" means the lamp used to indicate to other road-users that the driver intends to change direction to the right or to the left.       (2.)   (3.)   (4).    5. GENERAL SPECIFICATIONS    5.1. Each sample shall conform to the specifications set forth in sections 6 and 8.       5.2. The devices shall be so designed and constructed that under normal conditions of use, notwithstanding any vibration to which they may be subjected during such use, their satisfactory operation remains assured and they retain the characteristics prescribed by this Directive.         6. INTENSITY OF LIGHT EMITTED    6.1. In the reference axis, the light emitted by each of the two samples must be of not less than the minimum intensity and of not more than the maximum intensity specified below: >PIC FILE= "T0009378">          6.2. Outside the reference axis, within the fields specified in the arrangement diagrams in Annex I, intensity of the light emitted by each of the two samples must:      6.2.1. in each direction corresponding to the points in the luminous intensity distribution table reproduced in Annex IV, be not less than the value shown in the said table for the direction in question, expressed as a percentage of the minimum specified in 6.1;           6.2.2. in any direction within the space from which the indicator lamp is visible, nor exceed the maximum specified in 6.1.           6.2.3. Moreover,      6.2.3.1. throughout the fields defined in the diagrams in Annex I, the intensity of the light emitted must be not less than 0 73 cd for devices in categories 1, 2 and 5;           6.2.3.2. for devices in category 1, the intensity of the light emitted in the directions corresponding to the points of measurement in the luminous intensity distribution table other than 0 to 5º to the right and 0 to 5º to the left, must not exceed 400 cd;           6.2.3.3. the requirements of 2.2 of Annex IV on local variations of intensity must be observed.                            6.3. The intensities shall be measured with the filament lamps continuously alight and in coloured light.       6.4. Annex IV, referred to in 6.2.1, gives particulars of the measurement methods to be used.          7. TEST PROCEDURE    7.1. All measurements shall be carried out with colourless standard filament lamps of the types recommended for the device, and so regulated as to produce the normal luminous flux prescribed for those types of lamp.    (7.2.)         8. COLOUR OF LIGHT EMITTED  The device must emit an amber light. The colour of the light emitted, measured by using a source of light with a colour temperature of 2854 K, corresponding to illuminant A of the International Commission on Illumination (CIE), must be within the limits of the coordinates prescribed in Annex V.   9. CONFORMITY OF PRODUCTION  Every device bearing an EEC component type-approval mark must conform to the approved type and comply with the photometric conditions specified in sections 6 and 8. Nevertheless, in the case of a device picked at random from series production, the requirements as to minimum intensity of the light emitted (measured with a standard filament lamp as referred to in section 7) shall be limited in each relevant direction to 80 % of the minimum values specified in 6.1 and 6.2.   (10.)    (11.)    (12.)     ANNEX I CATEGORIES OF DIRECTION INDICATOR LAMPS MINIMUM ANGLES REQUIRED FOR LIGHT DISTRIBUTION IN SPACE (*)  In all cases, the minimum vertical angles of light distribution in space of direction indicator lamps are 15º above and 15º below the horizontal.  Minimum horizontal angles of light distribution in space  Category 1 : Direction indicators for the front of the vehicle >PIC FILE= "T0009379">   Category 2 : Direction indicators for the rear of the vehicle >PIC FILE= "T0009380">   (*) The angles shown in these arrangements are correct for devices to be mounted on the right side of the vehicle. The arrows in these diagrams point towards the front of the vehicle.   Category 5 : Repeating side indicators for use on a vehicle also equipped with category 1 and 2 direction indicators >PIC FILE= "T0009381">     ANNEX II MODEL EEC COMPONENT TYPE-APPROVAL CERTIFICATE (Maximum format : A4 (210 × 297 mm)) >PIC FILE= "T0009382">    ANNEX III EEC COMPONENT TYPE-APPROVAL AND MARKING REQUIREMENTS    1. APPLICATION FOR EEC COMPONENT TYPE-APPROVAL      1.1. The application for EEC component type-approval shall be submitted by the holder of the trade name or mark or by his authorized representative.           1.2. For each type of direction indicator lamp, the application shall be accompanied by the following:        1.2.1. an indication of which of the categories 1, 2 or 5, the device belongs to;               1.2.2. a brief technical specification stating, in particular, the type of filament lamp or lamps prescribed;               1.2.3. drawings, (three copies), in sufficient detail to permit identification of the type and category and showing, geometrically, the position in which the device is to be mounted on the vehicle, the axis of observation to be taken as the axis of reference in the tests (horizontal angle H = 0º, vertical angle V = 0º), and the point to be taken as the centre of reference in the said tests;               1.2.4. two samples ; even if the sample devices are such that they can be remounted only on one side of the vehicle, the two samples submitted may be identical and be suitable for mounting only on the right or only on the left side of the vehicle.                                 2. MARKINGS      2.1. Devices submitted for EEC component type-approval must bear:        2.1.1. the trade name or mark of the applicant, which shall be clearly legible and indelible;               2.1.2. a clearly legible and indelible marking indicating the type or types of filament lamp recommended;               2.1.3. and incorporate a space large enough to contain the EEC component type-approval mark and the additional symbols prescribed in section 4 ; this space shall be shown in the drawings mentioned in 1.2.3.                                 3. EEC COMPONENT TYPE-APPROVAL      3.1. If all the samples submitted in accordance with section 1 meet the requirements of Annexes 0, I, III, IV and V, EEC component type-approval shall be granted and a component type-approval number assigned.           3.2. This number shall not be assigned to any other type of direction indicator lamp.           3.3. Where EEC type-approval is requested for a type of lighting and light-signalling device comprising a direction indicator lamp and other lamps, a single EEC type-approval mark may be issued provided that the direction indicator lamp complies with the requirements of this Directive and that each of the other lamps forming part of the lighting and light-signalling device for which EEC type-approval is requested, complies with the specific Directive applying to it.                  4. MARKS     4.1. Every direction indicator lamp conforming to a type approved under this Directive shall bear an EEC component type-approval mark.       4.2. This mark shall consist of a rectangle surrounding the lower case letter "e" followed by the distinguishing letter(s) or number of the Member State which has granted the type-approval:  1 for Germany,  2 for France,  3 for Italy,  4 for the Netherlands,  6 for Belgium,  11 for the United Kingdom,  13 for Luxembourg,  DK for Denmark,  IRL for Ireland.  It must also include the EEC component type-approval number which corresponds to the number of the EEC component type-approval certificate issued for the type of direction indicator lamp in question.       4.3. The EEC component type-approval mark shall be supplemented by the following additional symbols:      4.3.1. one or more of the numbers 1, 2 or 5, according to whether the device belongs to one or more of the categories 1, 2 or 5, as referred to in 1.2.1, placed above the rectangle;           4.3.2. an arrow shall be placed, showing in what position the device is to be mounted on devices which are such that they can be mounted only on one side of the vehicle. The arrow shall be directed outwards from the vehicle in the case of devices in categories 1 and 2 and towards the front of the vehicle in the case of devices in category 5.                  4.4. The EEC component type-approval number must be placed in any convenient position near the rectangle surrounding the letter "e".       4.5. The EEC component type-approval mark and the additional symbol(s) must be affixed to the lens or one of the lenses in such a way as to be indelible and clearly legible even when the direction indicator lamps are fitted on the vehicle.       4.6. An example of an EEC component type-approval mark is shown in the Appendix.       4.7. Where a single EEC-type-approval number is issued, as under 3.3, for a type of lighting and light-signalling device comprising a direction indicator lamp and other lamps, one EEC type-approval mark only may be affixed, consisting of:      - a rectangle surrounding the letter "e" followed by the distinguishing letter(s) or number of the Member State which has granted the EEC component type-approval,           - the EEC component type-approval number,           - the additional symbols required by the various Directives under which EEC component type-approval was granted.                  4.8. The dimensions of the various components of this mark must not be less than the largest of the minimum dimensions specified for individual markings as appended to this Annex.   Appendix EXAMPLE OF AN EEC COMPONENT TYPE-APPROVAL MARK >PIC FILE= "T0009383">  The device bearing the EEC component type-approval mark shown above is a direction indicator lamp in category 5 EEC type-approved in Germany (e 1) under the number 1471. The arrow shows in what position this device, which can be mounted only on one side of the vehicle, is to be mounted. The arrow points towards the front of the vehicle.   Direction in which the arrows on the approval mark point, according to the category of device >PIC FILE= "T0009384">     ANNEX IV PHOTOMETRIC MEASUREMENTS    1. MEASUREMENT METHODS      1.1. During photometric measurements, stray reflections shall be prevented by appropriate masking.           1.2. Should the results of measurements be challenged, measurements shall be carried out in such a way as to meet the following requirements:        1.2.1. the distance of measurement shall be such that the law of the inverse of the square of the distance is applicable;               1.2.2. the measuring equipment shall be such that the angular aperture of the receiver viewed from the reference centre of the light is between 10' and 1º.    1.2.3. the intensity requirement for a particular direction of observation shall be deemed to be satisfied if that requirement is met in a direction deviating by not more than 15' from the direction of observation.                             2. STANDARD LUMINOUS INTENSITY DISTRIBUTION TABLE >PIC FILE= "T0009385">      2.1. The direction H = 0º and V = 0º corresponds to the reference axis. (On the vehicle, it is horizontal, parallel to the median longitudinal plane of the vehicle and oriented in the required direction of visibility). It passes through the centre of reference. The values shown in the table give, for the various directions of measurement, the minimum intensities as a percentage of the minimum required in the axis for each light (in the direction H = 0º and V = 0º).       2.2. If visual examination of a light appears to reveal substantial local variations of intensity, a check shall be made to ensure that no intensity measured between two of the directions of measurement referred to above is:      2.2.1. for a minimum specification, below 50 % of the lower of the two minimum intensities prescribed for these directions of measurement;           2.2.2. for a maximum specification, above the lower of the two maximum intensities prescribed for these directions of measurement, increased by a fraction, expressed as a linear function of the difference between the intensities prescribed for the said directions of measurement.                           ANNEX V COLOUR OF LIGHT EMITTED TRICHROMATIC COORDINATES >PIC FILE= "T0009386">  For checking these colorimetric characteristics, a source of light at a colour temperature of 2854 K corresponding to illuminant A of the International Commission on Illumination (CIE) shall be used.