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31979L1066

First Commission Directive 79/1066/EEC of 13 November 1979 laying down Community methods of analysis for testing coffee extracts and chicory extracts

Official Journal L 327 , 24/12/1979 P. 0017 - 0028 Finnish special edition: Chapter 13 Volume 10 P. 0138  Greek special edition: Chapter 13 Volume 9 P. 0040  Swedish special edition: Chapter 13 Volume 10 P. 0138  Spanish special edition: Chapter 13 Volume 10 P. 0252  Portuguese special edition Chapter 13 Volume 10 P. 0252

FIRST COMMISSION DIRECTIVE  of 13 November 1979  laying down Community methods of analysis for testing coffee extracts and chicory extracts  (79/1066/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/436/EEC of 27 June 1977 on the approximation of the laws of the Member States relating to coffee extracts and chicory extracts (1), and in particular Article 8 thereof,  Whereas under Article 8 of Directive 77/436/EEC, the composition and characteristics of coffee extracts and chicory extract are required to be checked according to Community methods of analysis;  Whereas a first series of methods for which studies are completed should now be adopted;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall take all measures necessary to ensure that the analyses necessary for the verification of the criteria set out in Annex I are carried out in accordance with the methods described in Annex II.   Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its notification. They shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 13 November 1979.  For the Commission  Étienne DAVIGNON  Member of the Commission  (1)OJ No L 472, 12.7.1977, p. 20.     ANNEX I SCOPE OF THE FIRST COMMUNITY METHODS OF ANALYSIS DIRECTIVE FOR COFFEE EXTRACTS AND CHICORY EXTRACTS   I. General provisions.  II.  Determination of the caffeine content in decaffeinated coffee extracts using Annex II, method 1.  III.  Determination of the dry matter content in dried coffee extract and dried chicory extract, soluble coffee and chicory, and instant coffee and chicory, using Annex II, method 2.  IV.  Determination of the dry matter content in liquid coffee extract, liquid chicory extract, coffee extract paste and chicory extract paste using Annex II, method 3.    ANNEX II METHODS OF ANALYSIS RELATING TO THE COMPOSITION OF COFFEE EXTRACTS AND CHICORY EXTRACTS  GENERAL PROVISIONS    1. PREPARATION OF THE ANALYSIS SAMPLE      1.1. General  The mass of the sample presented to the laboratory for analysis shall be at least 50 g.           1.2. Preparation of the sample for analysis in the laboratory        1.2.1. Mixing  The sample for analysis shall always be mixed thoroughly before any test portion is weighed out.          1.2.1.1. Samples in powder or paste form shall be removed from the container, any lumps broken down, the sample mixed in an appropriate manner and placed in a suitable container.                   1.2.1.2. Samples in liquid form shall be mixed by stirring.                                             1.3. Containers  The sample shall always be kept in an airtight and moisture-tight container.                  2. REAGENTS      2.1. Water        2.1.1. Wherever mention is made to water for solution, dilution or washing purposes, distilled water, or demineralized water of at least equivalent purity, shall be used.               2.1.2. Wherever reference is made to "solution" or "dilution" without further indication, "solution in water" or "dilution with water" is meant.                          2.2. Chemicals  All chemicals used shall be of recognized analytical reagent quality except where otherwise specified.                  3. EQUIPMENT      3.1. Lists of equipment  The lists of equipment contain only those items with a specialized use and items with a particular specification.           3.2. Analytical balance  Analytical balance means a balance capable of weighing to at least 0.1 mg.                  4. EXPRESSION OF RESULTS      4.1. Results  The result stated in the analytical report is the mean value obtained from at least two determinations, the repeatability of which is satisfactory.           4.2. Calculation of percentage  Except where otherwise specified, the result shall be calculated as a percentage by mass of the sample.            4.3. Number of significant figures  The result shall not contain more significant figures than are justified by the precision of the method of analysis used.                  5. TEST REPORT  The test report shall identify the method of analysis used as well as the results obtained. In addition, it shall mention all details of procedure, not specified in the method of analysis, or which are optional, as well as any circumstances that may have influenced the results obtained. The test report shall give all the information necessary for the complete identification of the sample.  METHOD 1 : DETERMINATION OF CAFFEINE CONTENT      1. SCOPE AND FIELD OF APPLICATION  This method determines the caffeine content of decaffeinated coffee extracts.           2. DEFINITION  Caffeine content : the content of caffeine as determined by the method specified.           3. PRINCIPLE  Caffeine is extracted from a test portion of the sample in an ammoniacal medium. It is then successively purified with diethyl ether on two chromatographic columns, the first in an alkaline medium and the second in an acid medium. The caffeine is then eluted from the column by chloroform and determined spectrophotometrically.           4. REAGENTS        4.1. Sulphuric acid, 2 M solution.               4.2. Sodium hydroxide, 2 M solution.               4.3. Celite 545 or equivalent.               4.4. Ammonia solution, approximately 4 M (prepare by adding 1 volume of concentrated ammonia solution, p20 ca. 0.9 g/ml to 2 volumes of water).               4.5. Diethyl ether, pure or repurified by chromatography on a column of basic aluminium oxide of activity grade 1.  Pass 800 ml of diethyl ether through a column filled with 100 g of aluminium oxide. The diethyl ether thus purified, shall be kept in dark bottles until used.  (Diethyl ether, recently distilled and free of peroxides, can be used instead of diethyl ether purified by chromatography.) Saturate the diethyl ether with water.               4.6. Caffeine (1,3,7-trimethyl-2,6-dihydroxypurine), pure, anhydrous (C8H10N4O2).               4.7. Chloroform, pure or repurified by chromatography according to the method specified in 4.5 and saturated with water.                          5. APPARATUS        5.1. Chromatographic columns (see figure 1), approximately 250 mm long, 21 mm internal diameter (column I) and 17 mm internal diameter (column II), fitted with stopcocks.               5.2. Ultra-violet spectrophotometer : The spectrophotometer shall be accurate to within 0.004 absorbance unit within the range used.               5.3. Silica cells with 10 mm optical path length.               5.4. Usual laboratory equipment, including           5.4.1. Water bath, boiling.                   5.4.2. One-mark volumetric flasks, 50 ml, 100 ml and 1 000 ml, complying with ISO 1042.                   5.4.3. One-mark pipettes, 2 ml and 5 ml ; complying with ISO 648.                   5.4.4. Analytical balance.                                         6. PROCEDURE      6.1. Preparation of the test portion  Weigh, to the nearest 0.1 mg, about 0.5 g of dried coffee extract sample, between 0.5 and 0.7 g of coffee extract paste sample or between 0.8 and 3.2 g of liquid coffee extract sample. (These last two weights should be chosen to give test portions containing approximately 0.5 g of dried coffee extract.) Transfer sample to a 100 ml beaker add 5 ml of ammonia solution (4.4) and warm for two minutes on the boiling water bath (5.4.1). Add 6 g of Celite (4.3) and mix carefully.           6.2. Filling of the columns        6.2.1. Column I (alkaline column)  Layer A. Mix carefully, by kneading with a flexible spatula blade, 3 g of Celite (4.3) and 2 ml of the sodium hydroxide solution (4.2), until homogeneous (see note below). A slightly wet powder will be obtained. Transfer this powder, in small portions (of approximately 2 g), into a chromatographic column (5.1), the lower part of which is packed with a wad of cotton wool or glass wool. Tamp down the mixture after each addition, without excessive force, using a glass rod, one end of which is flattened to the internal diameter of the column, until a perfectly homogeneous and compact layer is obtained. A small wad of cotton wool or glass wool may be placed on the top of layer A.  Note : Column packing material may be prepared in bulk quantities in advance and stored in closed containers.  Layer B. Transfer the Celite-sample mixture (6.1) into the column upon layer A. Dry the sample beaker twice with portions of about 1 g of Celite (4.3) transferring this Celite into the column. Tamp down to obtain a homogeneous layer and place a wad of cotton wool or glass wool on the top of layer B.               6.2.2. Column II (acid column)  Place in a second column, the lower part of which is packed with a wad of cotton wool or glass wool, 3 g of Celite (4.3) and 3 ml of the sulphuric acid solution (4.1), carefully mixed as directed for layer A in 6.2.1 (see the note in that sub-clause). Place a wad of cotton wool or glass wool on the top of the layer to prevent damage to the top of the column packing.                          6.3. Chromatography  Mount the columns one above the other so that the effluent from column I can drip directly into column II : Pass 150 ml of diethyl ether (4.5) through the two columns. Keep open the stopcock in column I. Adjust the stopcock of column II so that a quantity of supernatant liquid remains above the column packing. Remove column I. Pass 50 ml of diethyl ether (4.5) through column II, using the initial portion to wash the tip of column I and passing this portion also into column II. Discard the effluent from column II.  Note : Used diethyl ether may be recovered by shaking it with iron (II) sulphate.  Pass a stream of air through column II with the stopcock open (for example by using an inflated rubber blower), until no more diethyl ether drips from the column and the air flow from the stopcock carries only a faint smell of diethyl ether (see note below). Elute column II with 45 to 50 ml of chloroform (4.7). Collect the eluate in a 50 ml volumetric flask (5.4.2), make up to volume with chloroform (4.7) and mix carefully.   The flow rate of the diethyl ether and the chloroform under conditions of natural flow should be between 1.5 and 3 ml/min. If this rate is exceeded, channelling through the packing should be suspected.  Note : This step should be carried out in a well-ventilated fume-cupboard to prevent both the possibility of inhalation of solvent vapours and the possibility of an explosion.           6.4. Spectrophotometric measurement (see figure 2)        6.4.1. Measurement of the test solution  Avoiding error from chloroform evaporation, measure the absorbance of the solution of caffeine in chloroform (6.3) using silica cells (5.3), against chloroform (4.7) at 276 nm (absorption maximum). Measure also the absorbance at 246 nm (absorption minimum) and at 306 nm in order to verify the purity of the caffeine obtained.  If the absorbance at 276 nm exceeds 1.3, repeat the measurement on a diluted portion of the test solution. In this case, take into account the dilution factor ; the appropriate factors of the formulae in 7.1 will have to be adjusted accordingly. If the absorbance measured at 276 nm is lower than 0.2, repeat the determination using a larger test portion.               6.4.2. Preparation and measurement of a reference solution  Prepare a reference solution of caffeine in the following manner:  Weigh, to the nearest 0.1 mg ; 100 ± 20 mg of pure anhydrous caffeine (4.6). Place in a 1 000 ml volumetric flask (5.4.2), dissolve in chloroform, and make up to volume. With a volumetric pipette (5.4.3), take 5 ml of this solution and make up the volume to 50 ml with chloroform.  Measure the absorbance of this solution as described in 6.4.1. The corrected absorbance of the reference solution should be in the region of 0.4.                          6.5. Number of determinations  Carry out at least two determinations on the same test sample.           6.6. Blank test  Carry out a blank test on the reagents following the procedure described above but omitting the test portion. Before using recovered reagents (see 4.5 and 4.7), repeat the blank test to verify their purity.                  7. EXPRESSION OF RESULTS      7.1. Formulae and method of calculation  The caffeine content, in percent by mass of dry matter on the sample, is equal to: >PIC FILE= "T0015619">   where:  C is the concentration of caffeine in the reference solution (6.4.2) in g/ml;  A1 is the corrected absorbance of the purified extract (6.4.1) [i.e. absorbance at 276 nm - 0.5× (absorbance at 246 nm + absorbance at 306 nm)];  A2 is the corrected absorbance of the caffeine reference solution (6.4.2) [i.e. absorbance at 276 nm - 0.5× (absorbance at 246 nm + absorbance at 306 nm)];  m is the mass in g of the test portion;  p is the dry matter content, expressed as a percentage by mass, of the sample, as determined by methods 2 or 3, Annex II.           7.2. Repeatability  The difference between the results of two determinations carried out simultaneously or in rapid succession on the same sample, by the same analyst, under the same conditions, shall not exceed 0.01 g caffeine per 100 g sample on a dry matter basis.   >PIC FILE= "T0015620">    >PIC FILE= "T0015621">    METHOD 2 : DETERMINATION OF DRY MATTER CONTENT        1. SCOPE AND FIELD OF APPLICATION  This method determines the dry matter content of:          - dried coffee extract, soluble coffee, instant coffee,                   - dried chicory extract, soluble chicory, instant chicory.                                  2. DEFINITION  Dry matter content : the content of dry matter as determined by the method specified.               3. PRINCIPLE  The residual mass of a test portion is determined after drying for 16 hours in a vacuum oven at a temperature of 70 ºC and a pressure of 5.0 kPa and calculated as a percentage by mass of the sample.               4. APPARATUS          4.1. Weighing dishes, flat bottomed, resistant to attack by the sample and condition of the test, approximate dimensions 50 mm diameter by 30 mm height with closely fitting lids. Aluminium and stainless steel dishes are suitable.                   4.2. Vacuum oven, electrically heated, temperature controlled by thermostat at 70 ºC ± 1 ºC throughout the volume of the oven equipped with a thermometer with a certificate of accuracy at 70 ºC, indicating the temperature in the immediate vicinity of the shelf and a gauge indicating the internal pressure in kPa above zero pressure. This oven should have a uniform internal temperature distribution. The shelves shall be constructed and fitted so as to ensure good heat transfer to the dishes (4.1).                   4.3. Drying oven, electrically heated, temperature controlled by thermostat at 102 ºC ± 2 ºC throughout the volume of the oven.                   4.4. Vacuum pump capable of evacuating the vacuum oven (4.2) to an internal pressure of 5.0 kPa or less.                   4.5. Air drying train, consisting of two glass washing bottles filled with glycerol to form a bubble train and two glass drying towers filled with freshly activated silica gel with a moisture content indicator. The bubble train and drying trains are connected in series with the vacuum oven (4.2) with the drying towers between the oven and the bubble train.                   4.6. Desiccator, containing freshly activated silica gel (or an equivalent desiccant) with a moisture content indicator.                   4.7. Analytical balance.                                  5. PROCEDURE          5.1. Preparation of the dishes  Place the clean dry empty dishes and lids (4.1) in a drying oven (4.3) set at 102 ºC ± 2 ºC for one hour. Covers should be placed beside dishes in order to expose all surfaces for drying.  Remove dishes and lids from the oven and place in a desiccator (4.6). Allow to cool and weigh dish and matching lid to the nearest 0.1 mg (M0).                   5.2. Test portion  Remove the lid from the prepared dish (5.1). As rapidly as possible place approximately 3 g of sample in dish and spread uniformly over the bottom of the dish. Cover dish with its matching lid and weigh with its contents to the nearest 0.1 mg (M2). If more than one weighing is to be made place covered dishes in desiccator until all samples have been weighed and are ready to be placed in oven.                    5.3. Place the dish and its lid separately in the vacuum oven (4.2).                   5.4. Close the oven and reduce the pressure slowly (at least 2 to 2.5 minutes), to 5.0 ± 0.1 kPa.                   5.5. Allow dry air to enter the oven slowly through the drying towers and bubble train (4.5) at about one bubble per second as observed in the liquid in the bubble train.                   5.6. Dry in the vacuum oven at 70 ºC ± 1 ºC for 16 ± 0.5 hours maintaining the air stream.                   5.7. At the end of the drying period allow the air to enter the oven slowly (two to three minutes) to prevent air turbulence that might cause some sample to be lost from dish.  Replace lid on matching dish and place covered dish in desiccator (4.6) and allow to cool to ambient temperature.                   5.8. Weigh, to 0.1 mg, covered dish and contents (M1).                                  6. EXPRESSION OF RESULTS          6.1. Formula and method of calculation  The content of dry matter calculated as a percentage by mass of the prepared sample, as given by: >PIC FILE= "T0015622">   where:  M0 = mass of the dry prepared dish and lid;  M1 = mass of the dish lid and test portion after drying;  M2 = mass of the dish, lid and test portion before drying.  Take as the result the arithmetic mean of the results of two determinations provided that the evaluation concerning repeatability (6.2) is satisfied.                   6.2. Repeatability  The difference between the results of two determinations carried out simultaneously or in rapid succession on the same sample, by the same analyst, under the same conditions, shall not exceed 0.06 g dry matter per 100 g of sample.  METHOD 3 : DETERMINATION OF DRY MATTER CONTENT            1. SCOPE AND FIELD OF APPLICATION  This method determines the dry matter content of:              - liquid coffee extract,                           - liquid chicory extract,                           - coffee extract paste,                           - chicory extract paste.                                                  2. DEFINITION  Dry matter content : the content of dry matter as determined by the method specified.                       3. PRINCIPLE  Test portions of the samples are mixed with sea sand and then dried for 16 hours in a vacuum oven at a temperature of 70 ºC and a pressure of 5 kPa. The residual mass is calculated as a percentage by mass of the sample.                        4. REAGENTS  Sea sand, washed in acid and then water till acid free and then ignited.                       5. APPARATUS              5.1. Weighing dishes, flat bottomed, resistant to attack by the sample and condition of the test, approximately 80 mm in diameter and with closely fitting lids.                           5.2. Glass rods of such a length that they lie wholly in the weighing dishes (5.1) for example 50 to 75 mm long.                           5.3. Vacuum oven, electrically heated, temperature controlled by thermostat at 70 ºC ± 1 ºC throughout the volume of the oven, equipped with a thermometer with a certificate of accuracy at 70 ºC, indicating the temperature in the immediate vicinity of the shelf and a gauge indicating the internal pressure in kPa above zero pressure.  This oven shall have a uniform internal temperature distribution. The shelves shall be constructed and fitted so as to ensure good heat transfer to the dishes (5.1).                           5.4. Vacuum pump capable of evacuating the vacuum oven (5.3) to an internal pressure of 5.0 kPa or less.                           5.5. Air drying train consisting of two glass washing bottles filled with glycerol to form a bubble train and two glass drying tubes filled with freshly activated silica gel with a moisture content indicator. The bubble train towers are connected in series with the vacuum oven (5.3) with the drying towers between the oven and the bubble train.                           5.6. Desiccator containing freshly activated silica gel (or an equivalent desiccant) with a moisture content indicator.                           5.7. Analytical balance.                           5.8. Water bath boiling.                                                  6. PROCEDURE              6.1. Preparation of weighing dish  Place 25 to 35 g of sea sand (4) in a weighing dish (5.1) together with a glass rod (5.2) and weigh. Place the dish with sea sand lid and rod in the vacuum oven (5.3).  The lid should be placed beside the dish in order to expose all surfaces for drying.  Remove the dish, with contents, and its lid from the oven and place in a desiccator (5.6).  Allow to cool and weigh, to the nearest 0.1 mg, dish, contents and matching lid.  Repeat till constant weight is obtained (M0).                           6.2. Test portion  Remove the lid from the prepared dish (6.1). Add (as rapidly as possible) a portion of the sample with a dry matter content which should correspond to 0.1 to 1 g.  Weigh, to 0.1 mg, dish, contents, including test portion, and lid (M2).                           6.3. Carefully mix the sea sand and the sample with the glass rod (5.2). If mixing is not carried out satisfactorily add a little water to aid the mixing. Re-heat on a water bath (5.8) stirring occasionally until a completely homogeneous sandy mixture is obtained. Should the mixture tend to become lumpy or crusty, stir or pound continuously so as to prevent any lumpiness.                           6.4. Place the dish and its lid separately in the vacuum oven (5.3).                           6.5. Close the oven and reduce the pressure slowly (at least 2 to 2.5 minutes) to 5.0 ± 0.1 kPa.                           6.6. Allow dry air to enter the oven slowly through the drying towers and bubble train (5.5) at about one bubble per second as observed in the liquid of the bubble train.                            6.7. Dry in the vacuum oven at 70 ºC ± 1 ºC for 16 ± 0.5 hours maintaining the air stream.                           6.8. At the end of the drying period allow the air to enter the oven slowly (two to three minutes) to prevent air turbulence that might cause some sample to be lost from the dish.  Replace lid on matching dish and place covered dish in desiccator (5.6) and allow to cool to ambient temperature.                           6.9. Weigh, to 0.1 mg, covered dish and contents (M1).                                          7. EXPRESSION OF RESULTS          7.1. Formula and method of calculation  The content of dry matter, calculated as a percentage by mass of the prepared sample, is given by: >PIC FILE= "T0015623">   where:  M0 = the mass of the prepared dish, and lid;  M1 = the mass of the dish, lid and test portion after drying;  M2 = the mass of the dish, lid and test portion before drying.  Take as a result the arithmetic mean of the results of two determinations provided that the evaluation concerning repeatability (7.2) is satisfied.                   7.2. Repeatability  The difference between the results of two determinations when carried out simultaneously or in rapid succession on the same sample, by the same analyst, under the same conditions, shall not exceed 0.06 g dry matter per 100 g of sample.


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31994L0056

Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents

Official Journal L 319 , 12/12/1994 P. 0014 - 0019 Finnish special edition: Chapter 7 Volume 5 P. 0172  Swedish special edition: Chapter 7 Volume 5 P. 0172

COUNCIL DIRECTIVE 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidentsTHE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 84 (2) thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the Economic and Social Committee (2),  Acting in accordance with the procedure referred to in Article 189c of the Treaty (3),  Whereas a high general level of safety should be maintained in civil aviation in Europe and all efforts should be made to reduce the number of accidents and incidents;  Whereas the expeditious holding of technical investigations of civil aviation accidents and incidents improves air safety in helping to prevent the occurrence of such accidents and incidents;  Whereas account should be taken of the Convention on International Civil Aviation, signed in Chicago on 7 December 1994, which provides for implementation of the measures necessary to ensure the safe operation of aircraft; whereas particular account  should be taken of Annex 13 to this Convention which lays down recommended international standards and practices for aircraft accident investigation;  Whereas, according to the international standards in Annex 13, the investigation of accidents is to be carried out under the responsibility of the State where the accident occurs;  Whereas if, in the case of serious incidents, investigation is not carried out by the State where the incident occurs, such investigation should be conducted by the State of registry;  Whereas investigation of serious incidents should be carried out in a similar way to investigation of accidents;  Whereas the scope of investigations must depend on the lessons which can be drawn from them for the improvement of safety;  Whereas air safety requires investigations to be carried out in the shortest possible time,  Whereas investigators should be able to accomplish their tasks unhindered;  Whereas the Member States must, in compliance with the legislation in force as regards the powers of the authorities responsible for the judicial inquiry and, where appropriate, in close collaboration with those authorities, ensure that those  responsible for the technical inquiry are allowed to carry out their tasks in the best possible conditions;  Whereas investigation of accidents and incidents which have occurred in civil aviation should be carried out by or under the control of an independent body or entity in order to avoid any conflict of interest and any possible involvement in the causes  of the occurrences being investigated;  Whereas the body or entity should be suitably equipped and its tasks could include prevention activities;  Whereas Member States should take measures to ensure mutual assistance, if required, in carrying out investigations;  Whereas a Member State must be able to delegate the task of carrying out an investigation to another Member State;  Whereas it is important for accident prevention to make public the findings of accident investigations in the shortest time possible;  Whereas the particular nature of incidents should be taken into account when circulating the findings of investigations into them;  Whereas the safety recommendations resulting from an accident or incident investigation should be duly taken into account by the Member States;  Whereas the sole aim of the technical investigation is to draw lessons which could prevent future accidents and incidents and whereas therefore the analysis of the occurrence, the conclusions and the safety recommendations are not designed to apportion  blame or liability,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Objective The purpose of this Directive is to improve air safety by facilitating the expeditious holding of investigations, the sole objective of which is the prevention of future accidents and incidents.   Article 2  Scope 1.  This Directive shall apply to investigations into civil aviation accidents and incidents which have occurred in the territory of the Community taking into account the international obligations of the Member States.  2.  This Directive shall also apply outside the territory of the Community to:  (i) investigations into accidents involving aircraft registered in a Member State, when such investigations are not carried out by another State;  (ii) investigations into serious incidents involving aircraft registered in a Member State or operated by an undertaking established in a Member State, when such investigations are not carried out by another State.   Article 3  Definitions For the purposes of this Directive:  (a) 'accident' means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which:  1. a person is fatally or seriously injured as a result of:  - being in the aircraft, or - direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or - direct exposure to jet blast,  except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or 2. the aircraft sustains damage or structural failure which:  - adversely affects the structural strength, performance or flight characteristics of the aircraft, and - would normally require major repair or replacement of the affected component,  except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin;  3. the aircraft is missing or is completely inaccessible;  (b) 'serious injury' mens an injury which is sustained by a person in an accident and which:  1. requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received; or 2. results in a fracture of any bone (except simple fractures of fingers, toes, or nose); or 3. involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or 4. involves injury to any internal organ; or 5. involves second or third degree burns, or any burns affecting more than 5% of the body surface; or 6. involves verified exposure to infectious substances or harmful radiation;  (c) 'fatal injury' means an injury which is sustained by a person in an accident and which results in his/her death within 30 days of the date of the accident;  (d) 'causes' means actions, omissions, events or conditions, or a combination thereof, which led to the accident or incident;  (e) 'investigation' means a process conducted for the purpose of accident and incident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of cause(s) and, when appropriate, the  making of safety recommendations;  (f) 'investigator-in-charge' means a person charged, on the basis of his qualifications, with responsibility for the organization, conduct and control of an investigation;  (g) 'flight recorder' means any type of recorder installed in the aircraft for the purpose of facilitating accident/incident investigations;  (h) 'undertaking' means any natural person, any legal person, whether profit-making or not, or any official body whether having its own legal personality or not;  (i) 'operator' means any person, body or undertaking operating or proposing to operate one or more aircraft;  (j) 'incident' means an occurrence, other than an accident, associated with the operation of an aircraft which affects or would affect the safety of operation;  (k) 'serious incident' means an incident involving circumstances indicating that an accident nearly occurred (a list of examples of serious incidents can be found in the Annex);  (l) 'safety recommendation' means any proposal by the investigating body of the State conducting the technical investigation, based on information derived from that investigation, made with the intention of preventing accidents and incidents.   Article 4  Obligation to investigate 1.  Every accident or serious incident shall be the subject of an investigation.  However, Member States may take measures to enable incidents not covered by the first subparagraph to be investigated when the investigating body may expect to draw air safety lessons from it.  2.  The extent of investigations and the procedure to be followed in carrying out such investigations shall be determined by the investigating body, taking into account the principles and the objective of this Directive and depending on the lessons it  expects to draw from the accident or serious incident for the improvement of safety.  3.  The investigations referred to in paragraph 1 shall in no case be concerned with apportioning blame or liability.   Article 5  Status of investigation 1.  Member States shall define, in the framework of their respective internal legal systems, a legal status of the investigation that will enable the investigators-in-charge to carry out their task in the most efficient way and within the shortest time.   2.  In accordance with the legislation in force in the Member States and, where appropriate, in cooperation with the authorities responsible for the judicial inquiry, the investigators shall be authorized inter alia to:  (a) have free access to the site of the accident or incident as well as to the aircraft, its contents or its wreckage;  (b) ensure an immediate listing of evidence and controlled removal of debris, or components for examination or analysis purposes;  (c) have immediate access to and use of the contents of the flight recorders and any other recordings;  (d) have access to the results of examination of the bodies of victims or of tests made on samples taken from the bodies of victims;  (e) have immediate access to the results of examinations of the people involved in the operation of the aircraft or of tests made on samples taken from such people;  (f) examine witnesses;  (g) have free access to any relevant information or records held by the owner, the operator or the manufacturer of the aircraft and by the authorities responsible for civil aviation or airport operation.   Article 6  Investigating body or entity 1.  Each Member State shall ensure that technical investigations are conducted or supervised by a permanent civil aviation body or entity. The body or entity concerned shall be functionally independent in particular of the national aviation authorities  responsible for airworthiness, certification, flight operation, maintenance, licensing, air traffic control or airport operation and, in general, of any other party whose interests could conflict with the task entrusted to the investigating body or  entity.  2.  Notwithstanding paragraph 1, the activities entrusted to this body or entity may be extended to the gathering and analysis of air safety related data, in particular for prevention purposes, in so far as these activities do not affect its  independence and entail no responsibility in regulatory, administrative or standards matters.  3.  The body or entity referred to in paragraph 1 shall be given the means required to carry out its responsibilities independently of the authorities referred to in paragraph 1 and should be able to obtain sufficient resources to do so. Its  investigators shall be afforded status giving them the necessary guarantees of independence. It shall comprise at least one investigator able to perform the function of investigator-in-charge in the event of an aircraft accident or serious incident.  4.  If necessary, the body or entity may request the assistance of bodies or entities from other Member States to supply:  (a) installations, facilities and equipment for:  - the technial investigation of wreckage and aircraft equipment and other objects relevant to the investigation,  - the evaluation of information from flight recorders, and - the computer storage and evaluation of air accident data.  (b) accident investigation experts to undertake specific tasks but only when an investigation is opened following a major accident.  When available, such assistance should, as far as possible, be free of charge.  5.  A Member State may delegate the task of carrying out an investigation into an accident or incident to another Member State.   Article 7  Accident report 1.  Any investigation into an accident shall be the subject of a report in a form appropriate to the type and seriousness of the accident. The report shall state the sole objective of the investigation as referred to in Article 1 and contain, where  appropriate, safety recommendations.  2.  The investigating body or entity shall make public the final accident report in the shortest possible time, and if possible within 12 months of the date of the accident.   Article 8  Incident report 1.  Any investigation into an incident shall be the subject of a report in a form appropriate to the type and seriousness of the incident. The report shall, where appropriate, contain relevant safety recommendations. The report shall protect the  anonymity of the persons involved in the incident.  2.  The incident report shall be circulated to the parties likely to benefit from its findings with regard to safety.   Article 9  Safety recommendations The reports and the safety recommendations referred to in Articles 7 and 8 shall be communicated to the undertakings or national aviation authorities concerned and copies forwarded to the Commission.  Member States shall take the necessary measures to ensure that the safety recommendations made by the investigating bodies or entities are duly taken into consideration, and, where appropriate, acted upon without prejudice to Community law.   Article 10  A safety recommendation shall in no case create a presumption of blame or liability for an accident or incident.   Article 11  Council Directive 80/1266/EEC of 16 December 1980 on future cooperation and mutual assistance between the Member States in the field of air accident investigation (4) is hereby repealed.   Article 12  1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 21 November 1994. They shall forthwith inform the Commission thereof.  2.  When Member States adopt these provisions, 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 13  This Directive is addressed to the Member States.  Done at Brussels, 21 November 1994.  For the Council The President M. WISSMANN  (1) OJ No C 257, 22. 9. 1993, p. 8, OJ No C 109, 19. 4. 1994, p. 14.(2) OJ No C 34, 2. 2. 1994, p. 18.(3) Opinion of the European Parliament of 9 March 1994 (OJ No C 91, 28. 3. 1994, p. 123), Council common position of 16 May 1994 (OJ No C  172, 24. 6. 1994, p. 46) and Decision of the European Parliament of 26 October 1994 (OJ No C 323, 21. 11. 1994).(4) OJ No L 375, 31. 12. 1980, p. 32.    ANNEX   LIST OF EXAMPLES OF SERIOUS INCIDENTS  The incidents listed below are typical examples of serious incidents. The list is not exhaustive and only serves as a guide to the definition of 'serious incident'.  - A near collision requiring an avoidance manoeuvre or when an avoiding manoeuvre would have been appropriate to avoid a collision or an unsafe situation.  - Controlled flight into terrain (CFIT) only marginally avoided.  - An aborted take-off on a closed or engaged runway, or a take-off from such runway with marginal separation from obstacle(s).  - A landing or attempted landing on a closed or engaged runway.  - Gross failure to achieve predicted performance during take-off or initial climb.  - All fires and smoke in the passenger compartment or in cargo compartments, or engine fires, even though such fires are extinguished with extinguishing agents.  - Any events which required the emergency use of oxygen by the flight crew.  - Aircraft structural failure or engine disintegration which is not classified as an accident.  - Multiple malfunctions of one or more aircraft systems that seriously affect the operation of the aircraft.  - Any case of flight crew incapacitation in flight.  - Any fuel state which would require the declaration of an emergency by the pilot.  - Take-off or landing incidents, such as undershooting, overrunning or running off the side of runways.  - System failures, weather phenomena, operation outside the approved flight envelope or other occurrences which could have caused difficulties controlling the aircraft.  - Failure of more than one system in a redundancy system which is mandatory for flight guidance and navigation.


Avis juridique important

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31988L0288

Council Directive 88/288/EEC of 3 May 1988 amending Directive 64/433/EEC on health problems affecting intra- Community trade in fresh meat

Official Journal L 124 , 18/05/1988 P. 0028 - 0030 Finnish special edition: Chapter 3 Volume 26 P. 0174  Swedish special edition: Chapter 3 Volume 26 P. 0174

*****COUNCIL  DIRECTIVE  of 3 May 1988  amending Directive 64/433/EEC on health problems affecting intra-Community trade in fresh meat  (88/288/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),  Having regartd to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, as long as intra-Community trade is hindered by differences between the health requirements of Member States concerning meat, the harmonious functioning of the common market and in particular of the relevant common organization of markets will not have the desired effect and trade distortions could arise;  Whereas Council Directive 64/433/EEC (4), as last amended by Regulation (EEC) No 3805/87 (5), established the basis for this approximation, but some points have still to be harmonized;  Whereas, for this purpose, it is desirable to harmnonize the additional requirements with which frozen meat must comply and lay down the hygiene rules for intra-Community trade in sliced offal;  Whereas it may be necessary to adopt other examinations in the framework of ante- and post-mortem health inspection in order to take account of particular local situations; whereas those requirements should be determined in accordance with a Community procedure within the framework of the Standing Veterinary Committee,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 64/433/EEC is hereby amended as follows:  1. The following sentences shall be added to Article 3 (1) (C):  'Offal may not be sliced except for livers of animals of the bovine species where such livers are sliced in an approved cutting plant. The extension of this derogation to livers of animals of other species may be decided by the Council acting by a qualified majority on a Commission proposal.'.  2. Article 3 (1) (D) shall be replaced by the following:  'D. Fresh meat which has been stored, in accordance with this Directive in a cold store approved by a Member State and which has not thereafter undergone any handling, except in connection with storage, must:  (a) meet the requirements of sections A (c), (e), (g), (h), B and C or be fresh meat imported from third countries, in accordance with Community regulations,  (b) be accompanied by a certificate which corresponds to the model in Annex II during transportation to the country of destination.  This certificate shall be drawn up by the official veterinarian on the basis of the health certificates attached to the consignments of fresh meat when they were put into storage and must, in the case of importation, state the origin of the fresh meat.'  3. The following section shall be added to Article 3 (1):  E. Fresh meat which has been stored in a cold store of a third country approved in accordance with Directive 72/462/EEC under customs control and which has not thereafter undergone any handling, except in connection with storage, must:  (a) meet the requirements of sections A, B and C;  (b) be accompanied by a certificate which corresponds to a model to be drawn up under the procedure set out in Article 16.  The specific guarantees concerning checking, certification of compliance with storage and transport requirements and the issuing of the certificate shall be adopted in accordance with the procedure set out in Article 16.'  4. In Article 5:  - the last five lines in point (a) shall be replaced by the following:  'unless it is meant to undergo one of the treatments provided for in Directive 77/99/EEC and it bears a special mark introduced by Decision 84/371/EEC (1);  (1) OJ No L 196, 26. 7. 1984, p. 46'.  - point (c) shall be replaced by the following:  '(c) fresh meat  (i) from animals to which substances prohibited under Directives 81/602/EEC and 88/146/EEC (*) have been administered;  (ii) containing residues of hormonal substances authorized in accordance with the exceptions provided for in Article 4 of Directive 81/602/EEC and Articles 2 and 7 of Directive 88/146/EEC, residues of antibiotics, pesticides or of other substances . . . (remainder unchanged).  (*) OJ No L 70, 16. 3. 1988, p. 16.'  5. The following Article shall be inserted:  'Article 6a  Member States shall entrust to a central service or body the task of collecting and exploiting the results of the ante-mortem and post-mortem inspections carried out by the official veterinarian, in cases of diagnosis of diseases transmissible to humans.  Where such a disease is diagnosed, the results of the specific case shall be communicated as soon as possible to the competent veterinary authorities responsible for supervision of the herd from which the animals originated.  Member States shall submit to the Commission information on certain diseases and particularly cases where diseases transmissible to humans have been diagnosed.  The Commission shall, under the procedure laid down in Article 16, adopt detailed rules for implementing this Article, and in particular:  - the regularity with which information has to be submitted to the Commission,  - the type of information,  - the diseases to which the collection of information should apply,  - procedures for collecting and exploiting information.  6. Article 7 (1) is hereby repealed.  7. The following sentence shall be added to Article 13:  'In accordance with the same procedure, additional requirements adapted to the specific situation of Member States with respect to certain diseases likely to endanger human health may be decided on.'  8. Annex I shall be amended as follows:  (a) The following subparagraph shall be added to point 1:  '(g) a clean and easily cleaned ceiling; falling that, a roof covering with an interior surface which fulfils these conditions;'  (b) In point 5, the second sentence shall read:  'This equipment must include a system for draining off water of condensation without any possibility of contaminiation of the meat;'  (c) In point 11 the penultimate phrase shall be replaced by the following:  'the wash basin taps must not be hand or arm-operable;'  (d) The following paragraph shall be added to point 41 of Chapter VII:  'E. The results of the ante-mortem and post-mortem health inspections shall be recorded by the official veterinarian and, where diseases transmissible to humans as referred to in Article 6 (a) are diagnosed, communicated to the competent veterinary authorities responsible for supervision of the herd from which the animals originated, as well as to the person responsible for the herd in question.'  (e) Point 42 of Chapter VIII shall be replaced by the following:  '42. Cutting pieces smaller than those referred to in Article 3 (1) (A), de-boning or the slicing of the livers of animals of the bovine species is authorized in approved cutting plants only;' (f) The following sentence shall be added to point 45 (b) of Chapter VIII:  'During slicing, wrapping and packaging, the internal temperature of livers of animals of the bovine species must be kept at a constant + 3 °C or less.'  (g) 'In point 54 of Chapter X the words 'referred to in paragraphs 51 and 52 shall be replaced by the words 'referred to in paragraphs 51, second subparagraph, and 52, including sliced livers of animals of the bovine species,';  (h) The following sentences shall be added to point 59 of Chapter XI:  'Sliced livers of animals of the bovine species must be individually wrapped. A package may contain only a complete sliced organ presented in its original form;'  (i) The second indent of paragraph 65 of Chapter XIII shall be replaced by the following:  '- Fresh meat for freezing must come directly from an approved slaughterhouse or an approved cutting plant.  Freezing of fresh meat may be performed only in rooms of the same establishment where the meat has been obtained or cut or in an approved cold store, by means of appropriate equipment.  When intended for freezing, cuts referred to in Article 3 (1) (A), the cuts referred to in point 52 and offal must be frozen without delay unless maturation is required for health reasons. In the latter case they must be frozen immediately after maturation.  Carcases, half-carcases and quarters intended for freezing must be frozen without undue delay after a period of stabilization.  Cut meat intended for freezing must be frozen without undue delay after cutting.  Frozen meat must reach an internal temperature of - 12 °C or lower and may not be stored at higher temperatures thereafter.  Fresh meat which has undergone a freezing process must bear an indication of the month and year in which it was frozen.'  Article 2  The Council shall review the ante- and post-mortem inspection requirements on the basis of a Commission report drawn up before 1 January 1991, in the light of the information collected pursuant to Article 6a, and accompanied by any proposals on alternative methods of checking, particularly at the production stage, offering equivalent guarantees.  Article 3  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1989 and shall forthwith inform the Commission thereof.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 3 May 1988.  For the Council  The President  M. BANGEMANN  (1) OJ No C 276, 1. 11. 1986, p. 11.  (2) OJ No C 156, 15. 6. 1987, p. 190.  (3) OJ No C 68, 16. 3. 1987, p. 2.  (4) OJ No 121, 29. 7. 1964, p. 2012/64.  (5) OJ No L 357, 19. 12. 1987, p. 1.


               30.4.2004

               EN

               Official Journal of the European Communities

               L 164/164

         DIRECTIVE 2004/51/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 29 April 2004
   amending Council Directive 91/440/EEC on the development of the Community's railways
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,
   Having regard to the proposal from the Commission (1),
   Having regard to the Opinion of the European Economic and Social Committee (2),
   Having regard to the Opinion of the Committee of the Regions (3),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (4) in the light of the joint text approved by the Conciliation Committee on 23 March 2004,
   Whereas:

               (8)

               Council Directive 91/440/EEC of 29 July 1991 (5) provides that licensed railway undertakings are granted rights of access to the trans-European Rail Freight Network and, at the latest from 2008, to the whole network for international rail freight services.

               (9)

               The extension of those access rights to international rail freight services on the whole network as from 1 January 2006 should lead to greater than expected gains in terms of modal shift and the development of international rail freight.

               (10)

               The extension of those access rights to all kinds of rail freight services as from 1 January 2007, in accordance with the principle of freedom to provide services, would improve the efficiency of the rail mode relative to other modes of transport. It would also facilitate sustainable transport between and within Member States, by encouraging competition and allowing entry of new capital and enterprises.

               (4)

               This Directive is part of a comprehensive set of measures announced by the White Paper on transport policy and encompassing Directive 2004/ /EC on safety on the Community's railways (Railway Safety Directive) (6), Directive 2004/ /EC amending the interoperability directives (7) and Regulation (EC) No /2004 establishing the European Railway Agency (Agency Regulation) (8). This set of measures, referred to as the “second railway package”, was adopted to further develop the Community regulatory framework in the field of railways, as established in particular by Directives 2001/12/EC (9),2001/13/EC (10) and 2001/14/EC (11), these latter Directives being referred to as the “first railway package”. In order to complete the regulatory framework and pursue the effort to realise an integrated European railway area, the Commission proposed on 3 March 2004 a third set of measures that will further contribute to the objective of this Directive. This proposed third step addresses train drivers licensing, quality of service for rail freight transport, passenger rights in international railway transport and market-opening for international passenger transport services by rail. The European Parliament voted already in October 2003 in this legislative procedure on an amendment aiming at the market-opening for all passenger transport services by 2008. The European Parliament and the Council agreed to examine diligently the third set of measures. With regard to market-opening for international passenger transport services, the date of 2010 proposed by the Commission has to be considered as an objective allowing all operators to prepare in an appropriate manner.

               (5)

               The Commission should study developments in traffic, safety, working conditions and the situation of operators and should produce, by 1 January 2006, a report on those developments accompanied, where appropriate, by fresh proposals providing a basis for the best possible conditions for the Member States' economies, for rail undertakings and their employees, and for rail users.

               (6)

               Rail freight services offer considerable opportunities for the creation of new transport services and the improvement of existing ones at national and at European level.

               (7)

               To be fully competitive, rail freight transport increasingly requires the provision of comprehensive services, including transport between and within Member States.

               (8)

               Since railway safety is regulated by Directive 2004/.../EC (12) as part of a new coherent Community regulatory framework for the railway sector, the provisions on safety contain in Directive 91/440/EEC should be repealed.

               (9)

               Directive 91 /440/EEC should therefore be amended accordingly,

         HAVE ADOPTED THIS DIRECTIVE:

      Article 1

   Directive 91/440/EEC is hereby amended as follows:

               1)

               in Article 7, paragraph 2 shall be deleted at the date of entry into force of the Directive 2004/.../EC of the European Parliament and of the Council ofon safety on the Community's railways;

               2)

               Article 10 shall be amended as follows:

                           (a)

                           paragraph 3 shall be replaced by the following:

                                       “3.

                                       Railway undertakings within the scope of Article 2 shall be granted, on equitable conditions, access to the Trans-European Rail Freight Network defined in Article 10a and in Annex I and, at the latest by 1 January 2006, to the entire rail network, for the purpose of operating international freight services.
                                       In addition, at the latest by 1 January 2007, railway undertakings within the scope of Article 2 shall be granted, on equitable conditions, access to the infrastructure in all Member States for the purpose of operating all types of rail freight services.”;

                           (b)

                           paragraph 5 shall be replaced by the following:

                                       “5.

                                       Any railway undertaking engaged in rail transport services shall conclude the necessary agreements on the basis of public or private law with the infrastructure managers of the railway infrastructure used. The conditions governing such agreements shall be non-discriminatory and transparent, in conformity with the provisions of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification. (13);

                              (13)  OJ L 75, 15.3.2001, p. 29. Directive as amended by Commission Decision 2002/844/EC (OJ L 289, 26.10.2002, p. 30).”"

                           (c)

                           paragraph 6 shall be replaced by the following:

                                       “6.

                                       Track access to, and supply of services in, the terminals and ports linked to rail activities referred to in paragraphs 1,2 and 3, serving or potentially serving more than one final customer, shall be provided to all railway undertakings in a non-discriminatory and transparent manner and requests by railway undertakings may be subject to restrictions only if viable alternatives by rail under market conditions exist.”;

                           (d)

                           paragraph 8 shall be replaced by the following:

                                       “8.

                                       By 1 January 2006, the Commission shall submit to the European Parliament, the European Economic and Social Committee, the Committee of the Regions and the Council a report on the implementation of this Directive.
                                       This report shall address:

                                                   —

                                                   implementation of this Directive in the Member States and the effective working of the various bodies involved,

                                                   —

                                                   market development, in particular international traffic trends, activities and market share of all market actors, including new entrants,

                                                   —

                                                   impact on the overall transport sector, in particular as regards modal shift,

                                                   —

                                                   impact on the level of safety in each Member State,

                                                   —

                                                   working conditions in the sector, for each Member State.

                                             If necessary, it shall be accompanied by suitable proposals or recommendations on continuing Community action to develop the railway market and the legal framework governing it”;

               3)

               in Article 10b(4), point (c) shall be replaced by the following:

                           “(c)

                           the state of the European railway network”;

               4)

               Article 14 shall be deleted.

      Article 2

   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2005 at the latest. 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 a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

      Article 3

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

      Article 4

   This Directive is addressed to the Member States.

      Done at Brussels, 29 April 2004.

         For the European Parliament
         The President
         P. COX

         For the Council
         The President
         M. MCDOWELL

      (1)  OJ C 291 E, 26.11.2002, p. 1.

      (2)  OJ C 61, 14.3.2003, p. 131.

      (3)  OJ C 66, 19.3.2003, p. 5.

      (4)  Opinion of the European Parliament of 14 January 2003 (OJ C 38 E, 12.2.2004, p. 89), Council Common Position of 26 June 2003 (OJ C 270 E, 11.11.2003, p. 1) and Position of the European Parliament of 23 October 2003 (not yet published in the Official Journal). Legislative Resolution of 22 April 2004 and Decision of the Council of 26 April 2004.

      (5)  OJ L 237, 24.8.1991, p. 25. Directive as amended by Directive 2001/12/EC of the European Parliament and of the Council (OJ L 75, 15.3.2001, p. 1).

      (6)  OJ L

      (7)  OJ L

      (8)  OJ L

      (9)  OJ L 75, 15.3.2001, p. 1.

      (10)  OJ L 75, 15.3.2001, p. 26.

      (11)  OJ L 75, 15.3.2001, p. 29. Directive as amended by Commission Decision 2002/844/EC (OJ L 289, 26.10.2002, p. 30).

      (12)  Note to OPOCE. Insert number of Railway Safety Directive.


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31976L0761

Council Directive 76/761/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to motor-vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps

Official Journal L 262 , 27/09/1976 P. 0096 - 0121 Finnish special edition: Chapter 13 Volume 5 P. 0125  Greek special edition: Chapter 13 Volume 4 P. 0067  Swedish special edition: Chapter 13 Volume 5 P. 0125  Spanish special edition: Chapter 13 Volume 5 P. 0135  Portuguese special edition Chapter 13 Volume 5 P. 0135

COUNCIL DIRECTIVE  of 27 July 1976  on the approximation of the laws of the Member States relating to motor-vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to incandescent electric filament lamps for such headlamps  (76/761/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 headlamps which function as main-beam and/or dipped-beam headlamps and their filament lamps;  Whereas these 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 headlamps which function as main-beam and/or dipped-beam headlamps and their filament 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 such headlamp or filament lamp ; whereas the placing of an EEC component type-approval mark on all headlamp devices manufactured in conformity with the approved type obviates any need for technical checks on these headlamp devices 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 Regulations No 1 ("Uniform provisions for the approval of motor vehicle headlights emitting an asymmetrical passing beam or a driving beam or both") (5) and No 2 ("Uniform provisions concerning approval of incandescent electrical lamps for headlights emitting an asymmetrical passing beam or a driving beam or both") (5), which are annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions for approval and reciprocal recognition of approval for motor vehicles 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 headlamp which functions as a main-beam and/or dipped-beam headlamp and satisfies the construction and testing requirements laid down in Annexes I and VI, and any type of incandescent electric filament lamp for such headlamps which satisfies the construction and testing requirements laid down in Annexes III and VI.  (1)OJ No C 76, 7.4.1975, p. 37. (2)OJ No C 255, 7.11.1975, p. 2. (3)OJ No L 42, 23.2.1970, p. 1. (4)See page 1 of this Official Journal. (5)>PIC FILE= "T0009429">     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.   Article 2 Member States shall, for each type headlamp which functions as a main-beam and/or dipped-beam headlamp or filament lamp for such headlamp 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 VI.  Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between headlamps which function as main-beam and/or dipped-beam headlamps and filament lamps for such headlamps 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 headlamps which function as main-beam and/or dipped-beam headlamps and filament lamps for such headlamps 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 headlamps which function as main-beam and/or dipped-beam headlamps and filament lamps for such headlamps 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, examples of which are given in Annexes II and IV, completed for each type of headlamp which functions as a main-beam and/or dipped-beam headlamp and each type of filament lamp for such headlamps 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 headlamps which function as main-beam and/or dipped-beam headlamps or filament lamps for such headlamps 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 EEC component type-approval for a main-beam or a dipped-beam headlamp or for a filament lamp for such headlamps or prohibit their placing on the market or use shall set out in detail the reasons on which it is based. Such decision shall be notified to the party concerned, who shall at the same 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 headlamps which function as main-beam and/or dipped-beam headlamps or to the filament lamps for such headlamps 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 or registration, entry into service or use of a vehicle on grounds relating to its headlamps which function as main-beam and/or dipped-beam headlamps or to the filament lamps for such headlamps 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, with the exception of 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= "T9000990">  ANNEX I REQUIREMENTS RELATING TO MOTOR VEHICLE HEADLAMPS WHICH FUNCTION AS MAIN-BEAM AND/OR DIPPED-BEAM HEADLAMPS (DEFINITION, GENERAL SPECIFICATIONS, ILLUMINATION, CONFORMITY OF PRODUCTION, STANDARD HEADLAMP)   1. DEFINITION    1.1. Type of headlamp  "Type of headlamp" means headlamps which do not differ in such essential matters as:    1.1.1. the trade name or mark;       1.1.2. the characteristics of the optical system;       1.1.3. the inclusion of additional components capable of altering the optical effects by reflection, refraction or absorption;       1.1.4. suitability for right-hand or left-hand traffic or for both traffic systems;       1.1.5. ability to provide a dipped beam or a main beam or both.              (2.)   (3.)    (4.)    5.  GENERAL SPECIFICATIONS    5.1. Each sample shall conform to the specifications set forth in sections 6 and 7.          5.2. Headlamps must 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 photometric characteristics prescribed by this Directive.       5.3. The components by which the filament lamp is fixed to the reflector shall be so made that, even in darkness, the filament lamp can be fixed in no position but the correct one (1).       5.4. Headlamps designed to satisfy the requirements both of Member States in which traffic moves on the right and of those in which it moves on the left may be adapted for traffic on a given side of the road either by an appropriate initial adjustment when the vehicle is fitted out or by selective setting by the driver. Such initial adjustment or selective setting shall consist, for example, of fixing either the optical unit at a given angle on the vehicle or the filament lamp at a given angle in relation to the optical unit. In all cases only two precisely differentiated setting positions, one for right-hand and one for left-hand traffic, shall be possible, and the design shall preclude inadvertent shifting of the headlamp from one position to another or its setting in an intermediate position. Where two different setting positions are provided for the filament lamp, the components attaching the filament lamp to the reflector must be so designed and manufactured that the filament lamp is fixed in each of its two positions with the same accuracy as that required for lamps intended for traffic on only one side of the road.   Conformity with the requirements of this section shall be verified visually and, where necessary, by a trial fitting.           6.  ILLUMINATION    6.1. Headlamps must be so made that the dipped-beam filaments of suitable lamps give adequate illumination without dazzle, while the main-beam filaments of suitable lamps also give good illumination.  The illumination produced by the headlamp shall be checked on a vertical screen set at a distance of 25 m in front of the headlamp and at right angles to its axis (see Appendices 1 and 2 to Annex V), and with a standard filament lamp designed for a nominal voltage of 12 V, having a smooth and colourless glass envelope and exhibiting the following characteristics at that voltage: >PIC FILE= "T0009430">   The dimensions determining the position of the filaments inside the standard filament lamp are shown in the figure in Appendix 3 to Annex V. The standard filament lamp shall be supplied with current at a voltage which gives the nominal light-flux values.       6.2. The dipped beam shall produce on the screen a "cut-off" sufficiently sharp as to allow of satisfactory adjustment. The "cut-off" shall be a horizontal straight line on the side opposite to the direction of the traffic for which the headlamp is intended ; on the other side it should be horizontal or within an angle of 15 % above the horizontal.  (1)It is considered that an arrangement satisfies the requirements of this section when the filament lamp can be easily fitted into the headlamp and the positioning lug can be correctly fitted into its slot even in darkness, the slot being of exactly the right size. It is considered that an arrangement whereby the filament lamp is perceptibly tilted when in the wrong position, but not when in the correct position, adequately satisfies the requirements of 5.3.   The headlamp shall be so adjusted that:      - in the case of headlamps designed to meet the requirements of right-hand traffic, the "cut-off" on the left half of the screen (1) is horizontal and in the case of headlamps designed to meet the requirements of left-hand traffic, the "cut-off" on the right half of the screen is horizontal,           - this horizontal part of the "cut-off" is situated on the screen 25 cm below the outline of the horizontal plane passing through the focus of the headlamp (see Appendices 1 and 2 to Annex V),           - the screen is in the position indicated in Annex V, Appendices 1 and 2 (2).             When so adjusted, the headlamp shall, if it is intended to provide a dipped beam and a main beam, comply with the requirements set out in 6.3 and 6.4. If it is intended primarily to provide a dipped beam, it need comply only with the requirements of 6.3 (3).  Where a headlamp so adjusted does not meet the requirements referred to in 6.3 and 6.4, its adjustment may be changed, provided that the axis of the beam or the point of intersection H specified in Appendices 1 and 2 to Annex V is not laterally displaced by more than 1º (= 440 mm) to the right or left (4). To facilitate adjustment by means of the "cut-off", the headlamp may be partially occulted in order to sharpen the "cut-off".  If the headlamp is designed solely to provide a main beam, it shall be so adjusted that the area of maximum illumination is centred on the point of intersection of the lines hh and vv. Such a headlamp need meet only the requirements of 6.4.       6.3. The illumination produced on the screen by the dipped beam shall meet the following requirements: >PIC FILE= "T0009431">   Where the flux of the standard filament lamp used for measurement is other than 450 lumens, the measurements as taken must be corrected in proportion to the values of the fluxes.  There shall be no lateral variation detrimental to good visibility in any of Zones I, II, III and IV.  (1)The screen shall be sufficiently wide to allow examination of the "cut-off" over a range of at least 5º from the line vv (see Appendices 1 and 2 to Annex V). (2)If, in the case of a headlamp designed to satisfy the requirements of this Directive with respect to the dipped beam only, the focal axis diverges appreciably from the general direction of the beam, lateral adjustment shall be effected in the manner which best satisfies the requirements for illumination at points 75 and 50. (3)A "dipped-beam" headlamp of this kind may incorporate a main beam for which no specifications are laid down. (4)The limit of non-adjustment of 1º to the right or left is not incompatible with vertical non-adjustment. The latter is limited only by the requirements of 6.4.    Headlamps designed to meet the requirements of both right-hand and left-hand traffic shall, in each of the two setting positions of the optical unit or of the filament lamp, meet the requirements set forth above for the corresponding traffic system.       6.4. Measurements of the illumination produced on the screen by the main beam shall be taken with the same headlamp adjustment as for measurements under 6.3, or, in the case of a headlamp providing a main beam only, in accordance with the final paragraph of 6.2.  The illumination produced on the screen by the main beam must satisfy the following requirements:  the point of intersection H of the lines hh and vv shall be situated within the isolux corresponding to 90 % of maximum illumination. This maximum value shall not be less than 32 lux;  starting from point H, horizontally to the right and left, illumination shall be not less than 16 lux up to a distance of 1125 mm and not less than four lux up to a distance of 2250 mm. Where the flux of the standard filament lamp used for measurements is other than 700 lumens, the measurements as taken shall be corrected in proportion to the values of the fluxes.       6.5. The screen illumination values mentioned in 6.3 and 6.4 shall be measured by means of a photo-electric cell, the photo-sensitive area of which shall be contained within a square of side 65 mm.             (7.)        8.  CONFORMITY OF PRODUCTION  Every headlamp bearing an EEC component type-approval mark shall conform to the approved type and comply with the photometric conditions specified in section 6.      (9.)        10.  STANDARD HEADLAMP (1)    10.1. A "standard headlamp" means a headlamp which:      - satisfies the above requirements for EEC component type-approval,           - has an effective diameter of not less than 160 mm,           - provides with a standard filament lamp, at the various points and in the various areas referred to in 6.3., illumination equal to:      - not more than 90 % of the maximum limits,           - not less than 120 % of the minimum limits prescribed in the table in 6.3.                        (11.)        (12.)    (1)See Annex III, section 10.    ANNEX II MODEL EEC COMPONENT TYPE-APPROVAL CERTIFICATE (Maximum format : A4 (210 × 297 mm)) >PIC FILE= "T0009432">    ANNEX III REQUIREMENTS RELATING TO INCANDESCENT ELECTRIC FILAMENT LAMPS FOR HEADLAMPS WHICH FUNCTION AS DIPPED-BEAM AND/OR MAIN-BEAM HEADLAMPS (DEFINITION, GENERAL SPECIFICATIONS, NOMINAL VALUES, MANUFACTURE, WATTAGE AND LIGHT-FLUX VALUES, COLOUR, OPTICAL QUALITY CHECK, NOTE CONCERNING COLOUR, CONFORMITY OF PRODUCTION)   1. DEFINITION    1.1. Type of filament lamp   "Type of filament lamp" means filament lamps that do not differ in such essential respects as:    1.1.1. the trade name or mark;       1.1.2. the nominal voltage;       1.1.3. the nominal wattage;       1.1.4. the shape of one or more filaments;       1.1.5. the colour of the glass envelope;       1.1.6. the design of the glass envelope and its effect on the optical results.               (2.)   (3.)    (4.)    5.  GENERAL SPECIFICATIONS    5.1. Each sample shall conform to the photometric specifications set out in section 8.       5.2. All measurements shall be carried out at the "test voltage" (1) with the filament lamps lit under the conditions laid down in section 8.       5.3. Filament lamps must be so made that under normal conditions of use, their satisfactory operation is assured, and continues to be so. They shall, moreover, exhibit no fault in design or manufacture.         6.  NOMINAL VALUES  The nominal voltage values are : 6,12 and 24 volts.  The nominal wattage values are: >PIC FILE= "T0009433">  (1)These test voltages are fixed as follows:  nominal voltage 6V, test voltage 6 70 V,  nominal voltage 12 V, test voltage 12 70 V,  nominal voltage 24 V, test voltage 24 70 V.   7.  MANUFACTURE    7.1. The glass envelope of filament lamps shall have no scratches or spots which might impair their efficiency. No ray from the dipped-beam filament reflected by the sides of the glass envelope shall strike the axis of the filament lamp less than 6 mm (from the cap end) behind the first turn of that filament.       7.2. Filament lamp caps shall conform to the standard type shown in the figure in Appendix 4 to Annex V.       7.3. The position, shape and dimensions of the filaments and the ring inside the filament lamp shall conform to the specifications shown in the figure in Appendix 3 to Annex V.       7.4. The cap shall be strong and firmly secured to the glass envelope.   To ascertain whether filament lamps conform to the requirements of this section, a visual inspection, a dimension check and where necessary, a trial fitting, shall be carried out. The dimensions referred to in 7.3. shall be checked on filament lamps supplied with current at their test voltage, and, where necessary, by means of a projection system.       8.  WATTAGE AND LIGHT-FLUX VALUES  The wattage of each filament shall not exceed the nominal wattage by more than 10 %. Light-flux values shall remain within the following limits: >PIC FILE= "T0009434">   The check shall be made with the filament lamp in its normal position of use and supplied with current at its test voltage after having been lit for one hour under these conditions.  9.  COLOUR  The filament lamp glass envelopes shall be colourless or of selective-yellow colour. In the latter case, the dominant wave-length of the light emitted shall be between 575 and 585 nm (nanometres) ; the purity factor shall be between 0 790 and 0 798, and the transmission factor shall be not less than 0 778 (1), the values being determined for light emitted by an electric lamp filament at a colour temperature of 2 800 K and on a fragment of a filament lamp glass envelope which has been used in a headlamp at its test voltage for 48 hours. (1) >PIC FILE= "T0009435">    10.  OPTICAL QUALITY CHECK  The sample which most nearly meets the requirements laid down for the standard filament lamp shall be tested in a standard headlamp (1) to ensure that the assembly comprising this headlamp and the filament lamp being tested meet the component type-approval requirements for headlamps.  11.  NOTE CONCERNING COLOUR  EEC component type-approval shall be granted if the colour of the light emitted is that laid down in 3.13 of Annex I to Directive 76/756/EEC.  12.  CONFORMITY OF PRODUCTION  Every filament lamp bearing an EEC component type-approval mark shall conform to the approved type and comply with the photometric conditions specified above.  (13.)    (14.)    (1)See Annex I, section 10.     ANNEX IV MODEL EEC COMPONENT TYPE-APPROVAL CERTIFICATE (Maximum format : A4 (210 × 297 mm)) >PIC FILE= "T0009436">    >PIC FILE= "T0009437">    >PIC FILE= "T0009438">    Appendix 3 DOUBLE-FILAMENT : INTERNAL ELEMENTS 1. Figure >PIC FILE= "T0009439">     2. Table >PIC FILE= "T0009440">   3. Notes    1. The axis of the filament lamp is the perpendicular to reference plane 1 (see figure in Appendix 4) drawn through the intersection of this plane with the axis of the corresponding centering cylinder.       2. The drawing is not mandatory with respect to the design of the shield and filaments.       3. The value established for Q - Q' applies solely to the standard filament used for the approval testing of a headlamp ; the dimensions of the shield must be such that the points Q' are situated within the edge of the shield.       4. The tolerances indicated relate to the test required for the approval of a filament lamp type.          >PIC FILE= "T0009441">    2. Table >PIC FILE= "T0009442">   3. Notes    1. The foregoing reference points correspond to the standards (IEC Publications, sheets 7004-95-1, 7004-95A-1 and 7004-95B-1) adopted by the International Electrotechnical Commission.       2. Only the overall dimensions and the dimensions affecting interchangeability are shown in the drawing and are mandatory.       3. The internal structure of the filament lamp and the corresponding dimensions are given in the drawing in the figure in Appendix 3.       4. The part marked (*) of the cap must not, by reflection of light emitted by the dipped-beam filament, throw any stray rising ray when the filament lamp is in the normal operating position on the vehicle.       5. The diameter of each centering cylinder is measured through any plane of straight section not less than 0 75 mm from the corresponding reference plane for the cylinder.       6. The relative eccentricity (distance between the axes) of the two centering cylinders must not exceed 0 705 mm.       7. A tolerance is allowed for the distance S - the distance between the two reference planes (4 77 mm) - which includes the admissible error in the parallelism of those two planes.       8. The two positioning lugs (IX and X) must be able to fit simultaneously into an opening not exceeding 3 71 mm.       9. The contact strips (XIV, XVI and XVII) must be placed in relation to the positioning lugs either in the position indicated in the drawing or at an angle of 180º from that position, with a tolerance of ± 20º in either case. The window (XV) and the dipped-beam contact strip (XVII) must face each other on opposite sides of the filament lamp axis.          ANNEX VI 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. The application shall be accompanied by:        1.2.1. for each type of headlamp which functions as a main-beam and/or dipped-beam headlamp:          1.2.1.1. an indication as to whether the lamp is intended to provide both a dipped beam and main beam or only one of these beams ; if the headlamp is intended to provide a dipped beam, whether it is designed for both left-hand and right-hand traffic or for either left-hand or right-hand traffic only;                   1.2.1.2. a brief technical specification;                   1.2.1.3. drawings (three copies), in sufficient detail to permit identification of the type and showing a front view of the headlamp with, if necessary, details of the pattern of the lens moulding, and in cross-section.  The drawings must indicate the position which the component type-approval mark, (particularly the type-approval number and the category reference[s] is to occupy in the type-approval mark rectangle;   1.2.1.4. two samples;   1.2.2. for each type of filament lamp:      1.2.2.1. a brief technical specification;           1.2.2.2. drawings, (three copies), in sufficient detail to permit identification of the type and showing the entire filament lamp on the scale of 2 : 1, its shield being shown both in front view and in cross-section.  The drawings must indicate the position which the component type-approval mark (particularly the type-approval number and the category reference[s]) is to occupy in the type-approval mark rectangle;           1.2.2.3. in the case of filament lamps with colourless glass envelopes - five samples ; in the case of filament lamps with coloured glass envelopes - one sample with a coloured glass envelope and five samples with colourless glass envelopes, the latter five differing from the former only in that the glass is not coloured. Where the type of filament lamp concerned differs only in respect of colour from a colourless type which has previously satisfied the tests referred to in sections 4 to 8 of Annex III, it will be sufficient to submit one sample with a coloured glass envelope, and the only tests to be made on this sample will be those referred to in section 9 of Annex III.                  2. MARKINGS      2.1. Headlamps which function as main-beam and/or dipped-beam headlamps        2.1.1. Samples of a type of headlamp which functions as a main-beam and/or dipped-beam headlamp submitted for EEC component type-approval must bear the trade name or mark of the applicant.               2.1.2. Each headlamp shall include on both the glass and the lamp housing a space of sufficient size for the EEC component type-approval mark.  If the glass cannot be separated from the main body of the headlamp, the provision of a marking area on the glass will suffice. This space must correspond to the one shown in the drawings mentioned in 1.2.1.3.                2.1.3. In the case of headlamps designed to meet the requirements of traffic moving on one side of the road only (either right or left), the area which can be occulted to prevent discomfort to users in a Member State where traffic moves on the opposite side of the road shall be outlined indelibly on the front glass. This marking is not necessary, however, where the area is clearly apparent from the design.               2.1.4. In the case of headlamps designed to satisfy the requirements both of Member States with right-hand traffic and of Member States with left-hand traffic, the two settings of the optical unit on the vehicle or of the filament lamp on the reflector shall be marked by the capital letters R and D, the right-hand traffic and L and G, for left-hand traffic.                          2.2. Filament lamps for headlamps which function as main-beam and/or dipped-beam headlamps        2.2.1. Samples of a type of filament lamp for headlamps which function as main-beam and/or dipped-beam headlamps submitted for EEC component type-approval must bear the trade name of the applicant.               2.2.2. Each filament lamp shall include a space of sufficient size for the EEC component type-approval mark ; this space must correspond to the one shown in the drawings mentioned in 1.2.2.2.               2.2.3. They shall at least indicate the nominal voltage, and the nominal wattage of the main-beam filament, followed by the nominal wattage of the dipped-beam filament.                          2.3. Markings must be clearly legible and indelible.                  3. EEC COMPONENT TYPE-APPROVAL      3.1. If all the samples submitted in accordance with section 1 meet the requirements of sections 5 and 6 of Annex I for headlamps and sections 5, 6, 7, 8, 9, 10 and II of Annex III for filament lamps, 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 headlamp or filament lamp except in the case of the extension of EEC component type-approval to another type of headlamp or filament lamp differing only in the colour of the light emitted.           3.3. Where EEC component type-approval is requested for a type of lighting and light-signalling device comprising headlamps which function as main-beam and/or dipped-beam headlamps and other lamps, a single EEC component type-approval mark may be issued provided that the headlamps comply 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 component type-approval is requested complies with the specific Directive applying to it.                  4. MARKS     4.1. All headlamps which function as main-beam and/or dipped-beam headlamps and all filament lamps for these headlamps 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 component 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 corresponding to the number of the EEC component type-approval document issued for the type of headlamp or filament lamp concerned. In the case of a headlamp, this number shall be placed beneath the rectangle and, in the case of a filament lamp, near the rectangle.       4.3. For headlamps which function as main-beam and/or dipped-beam headlamps, the EEC component type-approval mark shall be supplemented by the following additional symbols:      4.3.1. a horizontal arrow below the rectangle pointing to the right of an observer facing the headlamp, i.e. to the side of the road on which the traffic moves, on headlamps meeting the requirements of left-hand traffic only;           4.3.2. A horizontal arrow below the rectangle with a head at each end, the heads pointing respectively to the left and to the right, on headlamps designed to meet the requirements of both traffic systems by means of selective setting of the optical unit or of the filament lamp;           4.3.3. the letter "C" set above the rectangle, on headlamps meeting the requirements of this Directive in respect of the dipped beam only; 4.3.4. the letter "R" set above the rectangle, on headlamps meeting the requirements of this Directive in respect of the main beam only;           4.3.5. the letters "CR" set above the rectangle, on headlamps meeting the requirements of this Directive in respect of both the dipped beam and the main beam.                  4.4. The EEC component type-approval mark and the additional symbols must be affixed in such a way as to be indelible and clearly legible. In the case of a headlamp, they must be affixed on the lens of the lamp or on one of the lenses in such a way as to remain legible even when the headlamp is fitted on the vehicle.       4.5. Examples of the EEC component type-approval marks and additional symbols are shown in the Appendix.       4.6. Where a single EEC component type-approval number is issued for a type of lighting and light-signalling device comprising headlamps which function as main-beam and/or dipped-beam headlamps and other lamps, one EEC component type-approval mark only may be affixed, consisting of:      - a rectangle sourrounding the letter "e" followed by the distinguishing letter(s) or number of the Member States which has granted the type-approval,           - the EEC component type-approval number,           - the additional symbols required by the various Directives under which EEC component type-approval was granted.                  4.7. The dimensions of the various components of this mark must not be less than the largest of the minimum dimensions specified for individual markings by the various Directives under which the EEC component type-approval was granted.   Appendix EXAMPLES OF THE EEC COMPONENT TYPE-APPROVAL MARKS >PIC FILE= "T0009443">    >PIC FILE= "T0009444">     >PIC FILE= "T0009445">    >PIC FILE= "T0009446">   >PIC FILE= "T0009447">