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31983L0635

Council Directive 83/635/EEC of 13 December 1983 amending for the second time Directive 76/118/EEC on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption

Official Journal L 357 , 21/12/1983 P. 0037 - 0039 Finnish special edition: Chapter 13 Volume 13 P. 0183  Spanish special edition: Chapter 13 Volume 14 P. 0250  Swedish special edition: Chapter 13 Volume 13 P. 0183  Portuguese special edition Chapter 13 Volume 14 P. 0250

*****COUNCIL  DIRECTIVE  of 13 December 1983  amending for the second time Directive 76/118/EEC on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption  (83/635/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas Directive 76/118/EEC (3), as amended by Directive 78/630/EEC (4), lays down in Article 3 (3) that five years after the date of notification of that Directive the Council, acting on a proposal from the Commission, may decide to modify or revoke paragraph 2 of that Article;  Whereas difficulties have been found in certain Member States in relation to the designation of 'sweetened condensed semi-skimmed milk' and 'semi-skimmed milk powder' which may be sold by retail; whereas it is therefore necessary to extend to those States the option provided for in Article 3 (2) of Directive 76/118/EEC, as regards retail sales of products under the above designations;  Whereas the use of the designations listed in Article 3 (2) of Directive 76/118/EEC provides useful information for the consumer and does not constitute a barrier to intra-Community trade; whereas, in consequence, it is desirable to remove the temporary character of these designations by revoking Article 3 (3) of Directive 76/118/EEC;  Whereas Article 7 (8) of Directive 76/118/EEC lays down that within three years of the notification of the Directive the Council should re-examine the derogation provided for in the last indent of paragraph 3 (a) of the said Article, relating to partly or wholly skimmed products for infants;  Whereas the labelling of preserved milk is subject to the general rules laid down in Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (5); whereas, accordingly, the present Directive can confine itself to adopting the necessary provisions supplementing and derogating from these general rules;  Whereas the second paragraph of Article 14 of Directive 76/118/EEC lays down that, within a period of three years from notification of the Directive, the Council, acting on a proposal from the Commission and on the basis of a report from the Commission on the situation in the Member States, is to re-examine the possibility of determining indications of quality;  Whereas a survey conducted by the Commission among the Member States has demonstrated the need to lay down minimum physical, chemical and hygienic standards prior to examining the possibility of laying down quality criteria as such; whereas, in consequence, the period set in the second paragraph of Article 14 of Directive 76/118/EEC should be extended,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 76/118/EEC is hereby amended as follows:  1. The following is added to Article 3 (2):  '(e) "lait demi-écrémé concentré sucré" in Belgium, France and Luxembourg and "gecondenseerde halfvolle melk met suiker" in Belgium and the Netherlands, to denote, in the case of retail sale, the product defined in point 1 (g) of the Annex;  (f) "lait demi-écrémé en poudre" in Belgium, France and Luxembourg and "halfvollemelkpoeder" in Belgium and the Netherlands, to denote, in the case of retail sale, the product defined in point 2 (c) of the Annex and containing, by weight, between 14 and 16 grams of fat per 100 grams.'  2. Article 3 (3) is deleted.  3. Article 7 is replaced by the following:  'Article 7  1. Directive 79/112/EEC shall apply under the following conditions to the products defined in the Annex which are intended to be supplied in the unaltered state to the ultimate consumer.  2. (a) The designation under which the products defined in the Annex are sold is one of the designations reserved for the said products pursuant to Article 3.  (b) In the case referred to in Article 5 (4), the word "instant" shall be added to the name under which the product is sold.  3. The net quantity of the products defined in the Annex shall be expressed in units of mass and, in the case of the products defined in point 1 (a), (b), (c) and (d) of the Annex, if they are packed in anything other than tubes or metal tins, in units of mass and volume.  4. The following particulars shall furthermore appear on the packaging, containers or labels of the said products:  (a) the percentage of milk fat, expressed by weight in relation to the finished product, except in the case of the products defined in points 1 (b) and (f) and 2 (b) of the Annex and the percentage of fat-free dried milk extract in the case of the products defined in point 1 of the Annex;  (b) in the case of the products defined in point 1 of the Annex, the recommendations on the method of dilution or reconstitution; these particulars may be replaced by relevant information on the use of the products when the latter are intended for use in the unaltered state;  (c) in the case of the products defined in point 2 of the Annex, the recommendations on the method of dilution or reconstitution, including details of the fat content of the product thus diluted or reconstituted, except in the case of the products defined in point 2 (b) of that Annex;  (d) the expressions "UHT" or "ultra heat treated" for the products defined in point 1 (a), (b), (c) and (d) of the Annex, where these products are obtained as a result of such treatment and aseptically packed.  5. Paragraphs 1 to 4 shall apply under the following conditions:  - the particulars set out under paragraphs 2 and 4 (a) shall appear in the same field of vision as those listed in Article 11 (3) (a) of Directive 79/112/EEC,  - where products weighing less than 20 grams per unit are packed in an outer packaging, the particulars required by this paragraph need appear on the outer packaging only, except for the designation under which the product is sold, required by paragraph 2 (a),  - in the case referred to in Article 5 (7), Member States shall be empowered to insist on the inclusion of details of the nature and quantity of added vitamins,  - the Member States may retain national provisions requiring the inclusion of a special warning concerning the use of wholly skimmed products as baby food.'  4. The following Article 7a shall be inserted:  'Article 7a  1. Without prejudice to the provisions to be adopted by the Community concerning the labelling of foodstuffs not intended for the ultimate consumer, the only mandatory particulars to be marked on the packages, containers or labels of the products defined in the Annex, which particulars must be clearly visible, easily legible and in indelible characters, shall be as follows:  (a) the name reserved for these products pursuant to Article 3;  (b) the net quantity expressed in kilograms or grams. Until the end of the transitional period during which use of the imperial units of measurement contained in Chapter D of the Annex to Council Directive 71/354/EEC of 18 October 1971 on the approximation of the laws of the Member States relating to units of measurement (1), as last amended by Directive 76/770/EEC (2), is authorized in the Community, Ireland and the United Kingdom may permit the quantity to be expressed only in imperial units of measurement calculated on the basis of the following conversion rates:  - one millilitre = 0,0352 fluid ounces,  - one litre = 1,760 pints or 0,220 gallons,  - one gram = 0,0353 ounces (avoirdupois),  - one kilogram = 2,205 pounds;  (c) the name or business name and the address of the manufacturer or packer or of a seller established within the Community.  However, in the case of their national production Member States may maintain in force national provisions requiring details of the manufacturing or packing establishment to be mentioned;  (d) in the case of products imported from third countries, the name of the country of origin;  (e) the date of manufacture or some marking by which the batch can be identified. 2. Member States shall prohibit the marketing in their territory of the products defined in the Annex if the particulars referred to in paragraph 1 (a), (d) and (e) do not appear in a language easily understood by the purchaser, unless the latter is given such information by other means; this provision shall not preclude the appearance of the said particulars in several languages.  The particulars specified in paragraph 1 (b) and (d) need appear only on an accompanying document.  (1) OJ No L 243, 29. 10. 1971, p. 29.  (2) OJ No L 262, 27. 9. 1976, p. 204.'  5. The second paragraph of Article 14 shall be replaced by the following:  'In the absence of relevant Community provisions as at 1 April 1986, the Council shall re-examine the provisions of this Article on the basis of a report from the Commission, accompanied by any appropriate proposals.'  Article 2  Member States shall make such amendments to their laws as may be necessary to comply with the provisions of this Directive and shall forthwith inform the Commission thereof.  The laws thus amended shall be applied in such a way as to:  - permit trade in those products which comply with the provisions of this Directive not later than 1 January 1986,  - prohibit trade in those products which do not comply with the provisions of this Directive as from 1 January 1987.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 13 December 1983.  For the Council  The President  C. SIMITIS  (1) OJ No C 84, 3. 4. 1982, p. 3.  (2) OJ No C 149, 14. 6. 1982, p. 116.  (3) OJ No L 24, 30. 1. 1976, p. 49.  (4) OJ No L 206, 29. 7. 1978, p. 12.  (5) OJ No L 33, 8. 2. 1979, p. 1.


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31992L0077

Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)

Official Journal L 316 , 31/10/1992 P. 0001 - 0004 Finnish special edition: Chapter 9 Volume 2 P. 0080  Swedish special edition: Chapter 9 Volume 2 P. 0080

COUNCIL DIRECTIVE 92/77/EEC  of 19 October 1992  supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 99 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas completing the internal market, which is one of the fundamental objectives of the Community, requires as a first step that fiscal controls at the frontiers be abolished;  Whereas, if distortions are to be avoided, such abolition implies in the case of value added tax, not only a uniform tax base but also a number of rates and rate levels which are sufficiently close as between Member States; whereas it is therefore  necessary to amend Directive 77/388/EEC (4);  Whereas, during the transitional period, certain derogations concerning number and level of rates should be possible,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 77/388/EEC is hereby amended as follows:  1. Article 12 (3) is replaced by the following:  '3. (a) From 1 January 1993 Member States shall apply a standard rate which, until 31 December 1996, may not be less than 15 %.  On the basis of the report on the operation of the transitional arrangements and proposals on the definitive arrangements to be submitted by the Commission pursuant to Article 281 the Council shall decide unanimously before 31 December 1995 on the level  of the minimum rate to be applied after 31 December 1996 with regard to the standard rate.  Member States may also apply either one or two reduced rates. The reduced rates may not be less than 5 % and shall only apply to supplies of the categories of goods and services specified in Annex H.  (b) Member States may apply a reduced rate to supplies of natural gas and electricity provided that no risk of distortion of competition exists. A Member State intending to apply such a rate must, before doing so, inform the Commission. The Commission  shall give a decision on the existence of a risk of distortion of competition. If the Commission has not taken that decision within three months of the receipt of the information a risk of distortion of competition is deemed not to exist.  (c) The rules concerning the rates applied to works of art, antiques and collector's items, shall be determined by the directive relating to the special arrangements applicable to second-hand goods, works of art, antiques and collector's items. The  Council shall adopt this Directive before 31 December 1992.  (d) The rules concerning the taxation of agricultural outputs other than those falling within category 1 of Annex H shall be decided unanimously by the Council before 31 December 1994 on the basis of a Commission proposal.  Until 31 December 1994, those Member States currently applying a reduced rate may continue to do so; those currently applying a standard rate may not apply a reduced rate. This will allow a two-year postponement of the application of the standard rate.   (e) The rules concerning the regime and the rates applied to gold shall be determined by a directive relating to special arrangements applicable to gold. The Commission shall make such a proposal in time for its adoption by the Council, acting  unanimously, before 31 December 1992.  Member States will take all necessary measures to combat fraud in this area from 1 January 1993. These measures may include the introduction of a system of accounting for VAT on supplies of gold between taxable persons in the same Member State which  provides for the payment of tax by the buyer on behalf of the seller and a simultaneous right for the buyer to a deduction of the same amount of tax as input tax.';  2. the first sentence of Article 12 (4) shall be deleted;  3. the following subparagraph is added to Article 12 (4):  'On the basis of a report from the Commission, the Council shall, starting in 1994, review the scope of the reduced rates every two years. The Council, acting unanimously on a proposal from the Commission, may decide to alter the list of goods and  services in Annex H.';  4. Article 28 (2) is replaced by the following:  '2. Notwithstanding Article 12 (3), the following provisions shall apply during the transitional period referred to in Article 281.  (a) Exemptions with refund of the tax paid at the preceding stage and reduced rates lower than the minimum rate laid down in Article 12 (3) in respect of the reduced rates, which were in force on 1 January 1991 and which are in accordance with Community  law, and satisfy the conditions stated in the last indent of Article 17 of the second Council Directive of 11 April 1967, may be maintained.  Member States shall adopt the measures necessary to ensure the determination of own resources relating to these operations.  In the event that the provisions of this paragraph create for Ireland distortions of competition in the supply of energy products for heating and lighting, Ireland may, on specific request, be authorized by the Commission to apply a reduced rate to such  supplies, in accordance with Article 12 (3). In that case, Ireland shall submit its request to the Commission together with all necessary information. If the Commission has not taken a decision within three months of receiving the request, Ireland shall  be deemed to be authorized to apply the proposed reduced rates.  (b) Member States which, at 1 January 1991 in accordance with Community law, applied exemptions with refund of tax paid at the preceding stage, or reduced rates lower than the minimum laid down in Article 12 (3) in respect of the reduced rates, to goods  and services other than those specified in Annex H, may apply the reduced rate or one of the two reduced rates provided for in Article 12 (3) to any such supplies.  (c) Member States which under the terms of Article 12 (3) will be obliged to increase their standard rate as applied at 1 January 1991 by more than 2 %, may apply a reduced rate lower than the minimum laid down in Article 12 (3) in respect of the  reduced rate to supplies of categories of goods and services specified in Annex H. Furthermore, those Member States may apply such a rate to restaurant services, children's clothing, children's footwear and housing. Member States may not introduce  exemptions with refund of the tax at the preceding stage on the bais of this paragraph.  (d) Member States which at 1 January 1991 applied a reduced rate to restaurant services, children's clothing, children's footwear and housing, may continue to apply such a rate to such supplies.  (e) Member States which at 1 January 1991 applied a reduced rate to supplies of goods and services other than those specified in Annex H may apply the reduced rate or one of the two reduced rates provided for in Article 12 (3) to such supplies, provided  that the rate is not lower than 12 %.  (f) The Hellenic Republic may apply VAT rates up to 30 % lower than the corresponding rates applied in mainland Greece in the departments of Lesbos, Chios, Samos, the Dodecanese and the Cyclades, and on the following islands in the Aegean: Thasos,  Northern Sporades, Samothrace and Skiros.  (g) On the basis of a report from the Commission, the Council shall, before 31 December 1994, reexamine the provisions of subparagraphs (a) to (f) above in relation to the proper functioning of the internal market in particular. In the event of  significant distortions of competition arising, the Council, acting unanimously on a proposal from the Commission, shall adopt appropriate measures.';  5. Annex H in the Annex to this Directive shall be appended.  Article 2  1. Member States shall bring into force the laws, regulations and adminstrative provisions necessary to comply with this Directive not later than 31 December 1992. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member  States.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.  Article 3  This Directive is addressed to the Member States. Done at Luxembourg, 19 October 1992. For the Council  The President  J. COPE   (1) OJ No C 176, 17. 7. 1990, p. 8. (2) OJ No C 324, 24. 12. 1990, p. 104. (3) OJ No C 332, 31. 12. 1990, p. 1. (4) OJ No L 145, 13. 6. 1977, p. 1. Last amended by Directive 91/680/EEC (OJ No L 376, 31. 12. 1991, p. 1).    ANNEX  'ANNEX H  LIST OF SUPPLIES OF GOODS AND SERVICES WHICH MAY BE SUBJECT TO REDUCED RATES OF VAT  In transposing the categories below which refer to goods into national legislation, Member States may use the combined nomenclature to establish the precise coverage of the category concerned.      Category  Description       1  Foodstuffs (including beverages but excluding alcoholic beverages) for human and animal consumption; live animals, seeds, plants and ingredients normally intended for use in preparation of foodstuffs; products  normally intended to be used to supplement or substitute foodstuffs  2  Water supplies  3  Pharmaceutical products of a kind normally used for health care, prevention of diseases and treatment for medical and veterinary purposes, including products used  for contraception and sanitary protection  4  Medical equipment, aids and other appliances normally intended to alleviate or treat disability, for the exclusive personal use of the disabled, including the repair of such goods, and children's car seats   5  Transport of passengers and their accompanying luggage  6  Supply, including on loan by libraries, of books (including brochures, leaflets and similar printed matter, children's picture, drawing or colouring books, music printed or in manuscript,  maps and hydrographic or similar charts), newspapers and periodicals, other than material wholly or substantially devoted to advertising matter  7  Admissions to shows, theatres, circuses, fairs, amusement parks, concerts, museums, zoos, cinemas,  exhibitions and similar cultural events and facilities   Reception of broadcasting services  8  Services supplied by or royalties due to writers, composers and performing artists  9  Supply, construction, renovation and alteration of housing provided as  part of a social policy  10  Supplies of goods and services of a kind normally intended for use in agricultural production but excluding capital goods such as machinery or buildings  11  Accommodation provided by hotels and similar establishments  including the provision of holiday accomodation and the letting of camping sites and caravan parks  12  Admission to sporting events  13  Use of sporting facilities  14  Supply of goods and services by organizations recognized as charities by Member  States and engaged in welfare or social security work, insofar as these supplies are not exempt under Article 13  15  Services supplied by undertakers and cremation services, together with the supply of goods related thereto  16  Provision of medical  and dental care as well as thermal treatment in so far as these services are not exempt under Article 13  17  Services supplied in connection with street cleaning, refuse collection and waste treatment, other than the supply of such services by bodies  referred to in Article 4 (5)'


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31988L0314

Council Directive 88/314/EEC of 7 June 1988 on consumer protection in the indication of the prices of non-food products

Official Journal L 142 , 09/06/1988 P. 0019 - 0022 Finnish special edition: Chapter 15 Volume 8 P. 0080  Swedish special edition: Chapter 15 Volume 8 P. 0080

*****COUNCIL  DIRECTIVE  of 7 June 1988  on consumer protection in the indication of the prices of non-food products  (88/314/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the programmes of the Community for a consumer protection and information policy (4) provide for the establishment of common principles for indicating prices;  Whereas Council Directive 79/581/EEC of 19 June 1979 on consumer protection in the indication of the prices of foodstuffs (5) makes it compulsory to indicate the prices of foodstuffs; whereas the Council resolution of 19 June 1979 on the indication of the prices of foodstuffs and non-food household products pre-packaged in pre-established quantities (6) invites the Commission to submit a proposal concerning the indication of the selling price and the unit price for non-food household products;  Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992 at the latest;  Whereas indication of the selling price and the unit price of non-food products makes it easier for consumers to compare prices at places of sale; whereas it accordingly increases market transparency and ensures greater protection for consumers;  Whereas the obligation to indicate these prices must apply in principle to all non-food products offered to the final consumer; whereas this obligation must also apply to written or printed advertising and catalogues wherever these give the selling prices of the products;  Whereas the selling price and the unit price must be indicated in accordance with specific procedures for each category of products so as not to place an undue burden on the retailer as regards labelling;  Whereas the obligation to indicate the unit price may be waived by Member States for products in respect of which such indication would meaningless;  Whereas, in the case of pre-packaged products, the obligation to indicate the unit price should, wherever possible, be replaced by standardization of quantities; whereas account should be taken of the progress made as regards the standardization at Community level of quantity ranges for products pre-packaged in pre-established quantities and provision should therefore be made for the exemption of ranges of quantities so standardized;  Whereas Council Directive 80/232/EEC (7), as last amended by Directive 87/356/EEC (8), lays down the ranges of nominal quantities and nominal capacities permitted for certain pre-packaged products;  Whereas the rules laid down in this Directive are aimed at informing and protecting consumers,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. This Directive relates to the indication of the selling price and the price per unit of measurement of non-food products offered to the final consumer or advertised indicating the price, whether they are sold in bulk or pre-packaged in pre-established or variable quantities  2. This Directive shall not apply to:  - products bought for the purpose of a trade or commercial activity,  - products supplied in the course of the provision of a service,  - private sales,  - sales by auction and sales of works of art and antiques.  Article 2  For the purposes of this Directive:  (a) 'products sold in bulk' means products which are not pre-packaged and/or are not measured or weighed except in the presence of the final consumer;  (b) 'products sold by individual item' means products which cannot be broken down without changing their nature or properties;  (c) 'pre-packaged products' means products packaged other than in the consumer's presence, whether the packaging encloses the product completely or only partially;  (d) 'products pre-packaged in pre-established quantities' means products pre-packaged in such a way that the quantity in the package corresponds to a previously selected value;  (e) 'products pre-packaged in variable quantities' means products pre-packaged in such a way that the quantity in the package does not correspond to a previously selected value;  (f) 'selling price' means the price for a given quantity of the product;  (g) 'unit price' means the price for one kilogram, one litre, one metre or one square metre of the product, subject to Article 6 (2) and the second subparagraph of Article 10.  Article 3  1. The products referred to in Article 1 shall bear an indication of the selling price under the conditions laid down in Article 4.  2. The products pre-packaged in pre-established quantities listed in the Annex and the products pre-packaged in variable quantities shall also bear an indication of the unit price, subject to Articles 7 to 10.  3. The unit price of products sold in bulk must be indicated. However, Member States may specify the conditions under which the selling price per piece may be indicated for certain categories of these products.  4. The selling price and the unit price shall relate to the final price of the product under the conditions laid down by the Member States.  Article 4  The selling price and the unit price must be unambiguous, easily identifiable and clearly legible. Each Member State may lay down the specific rules for such indication of prices, e.g. by means of posters, labels on shelves or on packaging.  Article 5  Any written or printed advertisement and any catalogue which mentions the selling price of products referred to in Article 1 shall indicate the unit price, subject to Article 3 (2).  Article 6  1. The unit price shall be expressed as a price per litre or per cubic metre for products sold by volume, as a price per kilogram or per tonne for products sold by weight, as a price per metre for products sold by length and as a price per square metre for products sold by area.  2. Member States may, however, allow the unit price to be expressed in relation to decimal multiples or fractions of the units referred to in paragraph 1, in order to take account of the quantities in which certaiun products are normally sold.  3. The unit price of pre-packaged products shall refer to the quantity declared, in accordance with national and Community provisions.  Article 7  1. Member States may waive the obligation to indicate the unit price of products sold in bulk or pre-packaged for which such indication would be meaningless.  2. The products referred to in paragraph 1 include in particular:  (a) products exempted from the obligation to indicate weight or volume (in particular products sold by individual item);  (b) different products sold in a single package;  (c) products sold from automatic dispensers;  (d) products contained in a single package from which a mixture is to be prepared; (e) multipacks referred to in the first subparagraph of Article 4 of Directive 80/232/EEC, where they are made up of individual items corresponding to one of the values appearing in a Community quantity range.  Article 8  1. The obligation to indicate the unit price shall not apply to the products listed in Annex I, points 5, 8.2, 8.3, 8.5, 8.6, 9, 10 and 11 to Directive 80/232/EEC, where they are sold in the ranges of nominal quantities of contents given in the said Annex.  2. The obligation to indicate the unit price may be waived by the Member States for:  - the products listed in Annex I, points 4, 6, 7, 8.1 and 8.4 to Directive 80/232/EEC, where they are sold in the ranges of nominal quantities of contents given in the said Annex,  - the products referred to in Annex II, point 3 to Directive 80/232/EEC, where they are sold in rigid containers in capacity ranges given in the said Annex and are not listed in Annex I to the said Directive,  - the products referred to in Annex I to Directive 80/232/EEC, where they are sold in rigid containers in capacity ranges given in Annex III to the said Directive.  3. The obligation to indicate the unit price may be waived by the Member States for the pre-packaged products listed in paragraphs 1 and 2, where they are sold in quantities which are smaller than the lowest or larger than the highest values in the Community ranges.  Article 9  When Community measures are adopted concerning the harmonization of ranges of quantities relating to products pre-packaged in pre-established quantities or when the ranges of quantities previously adopted are revised, the Council, acting on a proposal from the Commission, shall amend Article 8.  Article 10  As a transitional measure, Member States shall be allowed a period of seven years from the date of adoption of this Directie to apply the provisions of this Directive relating to the products pre-packaged in pre-established quantities referred to in the Annex. During this transitional period, any national measures or practices existing at the date of adoption of this Directive and relating to these products may be maintained in force.  Until the expiry of the transitional period during which use of the imperial system of units of measurement is authorized by Community provisions relating to units of measurement, the competent national authorities in Ireland and the United Kingdom shall determine, for each product or each category of product, the units of mass, volume, length or area of the international system or the imperial system in which indication of the unit price is compulsory.  Article 11  1. Member States may exempt pre-packaged products which are sold by certain small retail businesses and handed directly by the seller to the purchaser from the obligation to indicate the unit price, where the indication of unit prices:  - is likely to constitute an excessive burden for such businesses, or  - appears to be impracticable owing to the number of products offered for sale, the sales area, its layout or the conditions peculiar to certain forms of trading, such as particular types of itinerant trading.  2. The exemptions referred to in paragraph 1 shall be without prejudice to more stringent obligations to indicate prices existing under national provisions at the time of adoption of this Directive.  Article 12  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its adoption. They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.  Article 13  This Directive is addressed to the Member States.  Done at Luxembourg, 7 June 1988.  For the Council  The President  M. BANGEMANN  (1) OJ No C 8, 13. 1. 1984, p. 2 and OJ No C 121, 7. 5. 1987, p. 9.  (2) OJ No C 122, 20. 5. 1985, p. 148 and Decision of 18 May 1988 (not yet published in the Official Journal).  (3) OJ No C 343, 24. 12. 1984, p. 34.  (4) OJ No C 92, 25. 4. 1975, p. 2 and OJ No C 133, 3. 6. 1981, p. 2.  (5) OJ No L 158, 26. 6. 1979, p. 19.  (6) OJ No C 163, 30. 6. 1979, p. 1.  (7) OJ No L 51, 25. 2. 1980, p. 1.  (8) OJ No L 192, 11. 7. 1987, p. 48.  ANNEX  Products prepackaged in pre-established quantities, as referred to in Article 3 (2)  Paints and varnishes referred to under point 4 of Annex I to Directive 80/232/EEC with the exception of artists' colours for use in fine arts or for teaching;  Glues and adhesives referred to under point 5 of Annex I to Directive 80/232/EEC;  Cleaning products referred to under point 6 of Annex I to Directive 80/232/EEC;  Cosmetics, beauty and toilet preparations referred to under points 7.1 to 7.6 of Annex I to Directive 80/232/EEC;  Washing products referred to under points 8.1 to 8.6 of Annex I to Directive 80/232/EEC and point 3 of Annex II to this Directive;  Solvents referred to under point 9 of Annex I to Directive 80/232/EEC;  Lubricating oils referred to under point 10 of Annex I to Directive 80/232/EEC;  Yarn for hand-knitting referred to under point 11 of Annex I to Directive 80/232/EEC.


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31977L0537

Council Directive 77/537/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors

Official Journal L 220 , 29/08/1977 P. 0038 - 0059 Finnish special edition: Chapter 13 Volume 7 P. 0178  Greek special edition: Chapter 13 Volume 6 P. 0176  Swedish special edition: Chapter 13 Volume 7 P. 0178  Spanish special edition: Chapter 13 Volume 7 P. 0190  Portuguese special edition Chapter 13 Volume 7 P. 0190

COUNCIL DIRECTIVE  of 28 June 1977  on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors  (77/537/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 tractors must satisfy pursuant to national laws relate inter alia to the emission of pollutants from diesel engines for use in tractors;  Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all the 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 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors (3), to be applied in respect of each type of tractor;  Whereas the approximation of national laws relating to tractors entails reciprocal recognition by Member States of the tests carried out by each of them on the basis of common requirements,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. "Agricultural or forestry tractor" means any motor vehicle, fitted with wheels or endless tracks, having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.  2. This Directive shall apply only to tractors defined in paragraph 1 which are fitted with pneumatic tyres and which have two axles and a maximum design speed between 6 and 25 kilometres per hour.   Article 2 No Member State may refuse to grant a tractor EEC type-approval or national type-approval on the grounds that pollutants are emitted by the diesel engine which drives the tractor if the tractor satisfies the requirements laid down in Annexes I, II, III, IV and VI.   Article 3 No Member State may refuse the registration or may prohibit the sale, entry into service or use of any tractor on the grounds that pollutants are emitted by the diesel engine which drives the tractor if the tractor satisfies the requirements laid down in Annexes I, II, III, IV and VI.   Article 4 The Member State which has granted type-approval shall take the necessary measures to ensure that it is informed of any modification of a part or characteristic  (1)OJ No C 125, 8.6.1976, p. 51. (2)OJ No C 197, 23.8.1976, p. 16. (3)OJ No L 84, 28.3.1974, p. 10.   referred to in 2.2 of Annex I. The competent authorities of that State shall determine whether fresh tests should be carried out on the modified tractor and a fresh report drawn up. Where such tests reveal a failure to comply with the requirements of this Directive, the modification shall not be approved.   Article 5 The amendments necessary to adapt the provisions of Annexes I to X to this Directive to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.   Article 6 1. Member States shall bring into force provisions containing the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 7 This Directive is addressed to the Member States.     Done at Luxembourg, 28 June 1977.  For the Council  The President  W. RODGERS     ANNEX I (1) DEFINITIONS, APPLICATION FOR EEC TYPE-APPROVAL, SYMBOL OF THE CORRECTED ABSORPTION COEFFICIENT, SPECIFICATIONS AND TESTS AND CONFORMITY OF PRODUCTION      (1.)    2. DEFINITIONS  For the purposes of this Directive:   (2.1.)    2.2.  "tractor type as regards the limitation of the emission of pollutants from the engine" means tractors which do not differ in such essential respects as the tractor and engine characteristics defined in Annex II;   2.3.  "diesel engine" means an engine which works on the compression-ignition principle;   2.4.  "cold-start device" means a device which by its operation temporarily increases the amount of fuel supplied to the engine and is intended to facilitate the starting of the engine;   2.5.  "opacimeter" means an instrument for continuous measurement of the absorption coefficients of the light by the exhaust gases emitted by tractors.   3.  APPLICATION FOR EEC TYPE-APPROVAL    3.1. The application for approval must be submitted by the tractor manufacturer or by his duly accredited representative.       3.2. It must be accompanied by the undermentioned documents in triplicate and the following particulars:      3.2.1. a description of the engine type including all the particulars referred to in Annex II;           3.2.2. drawings of the combustion chamber and of the upper face of the piston.                 3.3. An engine and the equipment prescribed in Annex II to this Regulation, for fitting to the tractor to be approved, shall be submitted to the technical service conducting the approval tests defined in 5. However, if the manufacturer so requests and the technical service conducting the approval tests agrees, a test may be carried out on a tractor representative of the tractor type to be approved.   3a.  EEC TYPE-APPROVAL  A certificate conforming to that shown in Annex X shall be attached to the EEC type-approval certificate.   4.  SYMBOL OF THE CORRECTED ABSORPTION COEFFICIENT   (4.1.)     (4.2.)     (4.3.)    (1)The text of the Annexes is similar to that of Regulation No 24 of the UN Economic Commission for Europe ; in particular the breakdown into items is the same. For this reason, where an item of Regulation No 24 has no counterpart in this Directive, its number is given in brackets as a token entry.         4.4. To every tractor conforming to a tractor type approved under this Regulation there shall be affixed, conspicuously and in a readily accessible place specified in the Annex to the type-approval certificate shown in Annex X, a symbol being a rectangle surrounding a figure expressing in m-1 the corrected absorption coefficient obtained, at the time of approval, during the test under free acceleration, and determined at the time of approval by the method described in 3.2 of Annex IV.       4.5. The symbol must be clearly legible and indelible.       4.6. Annex IX gives an example of the symbol.          5.  SPECIFICATIONS AND TESTS    5.1. General  The components liable to affect the emission of pollutants shall be so designed, constructed and assembled as to enable the tractor in normal use, despite the vibration to which it may be subjected, to comply with the provisions of this Directive.       5.2. Specifications concerning cold-start devices      5.2.1. The cold-start device shall be so designed and constructed that it cannot be brought into or kept in action when the engine is running normally.           5.2.2. The provisions of 5.2.1 above shall not apply if at least one of the following conditions is met:        5.2.2.1. the light absorption coefficient of the gases emitted by the engine at steady speeds when measured by the method described in Annex III with the cold-start device operating is within the limits prescribed in Annex VI;               5.2.2.2. keeping the cold-start device in operation causes the engine to stop within a reasonable time.                                 5.3. Specifications concerning the emission of pollutants      5.3.1. The emission of pollutants by the tractor type submitted for approval shall be measured by the two methods described in Annexes III and IV, relating respectively to tests at steady speeds and to tests under free acceleration (1).           5.3.2. The emission of pollutants, as measured by the method described in Annex III, shall not exceed the limits prescribed in Annex VI.           5.3.3. In the case of engines with an exhaust-driven supercharger, the absorption coefficient measured under free acceleration shall not exceed the limit prescribed in Annex VI for the nominal flow value corresponding to the maximum absorption coefficient measured during the tests at steady speeds, plus 0 75 m-1.                  5.4. Equivalent measuring instruments shall be allowed. If an instrument other than those described in Annex VII is used, proof of its equivalence for the engine considered shall be required.          (6.)     7.  CONFORMITY OF PRODUCTION    7.1. Every tractor in the series must conform, with regard to components affecting the emission of pollutants by the engine, to the tractor type approved.    (7.2.)    (1)A test under free acceleration shall be carried out, particularly in order to provide a reference figure for administrations which use this method to check vehicles in use.     7.3.  As a general rule conformity of the tractor with the approved type as regards the emission of pollutants from diesel motors shall be verified on the basis of the description given in the Annex to the EEC approval certificate shown in Annex X. In addition:    7.3.1. where a check is carried out on a vehicle taken from the series, the tests shall be carried out as follows:      7.3.1.1. a tractor which has not been run in shall be subjected to the test under free acceleration described in Annex IV. The vehicle shall be deemed to conform to the approved type if the absorption coefficient determined does not exceed the figure shown in the approval mark by more than 0 75 m-1;           7.3.1.2. if the figure determined in the test referred to in 7.3.1.1 above exceeds the figure shown in the approval mark by more than 0 75 m-1, a tractor of the type considered or its engine shall be subjected to the test at steady speeds as described in Annex III. The emission levels shall not exceed the limits prescribed in Annex VI.                      (8.)     (9.)      ANNEX II >PIC FILE= "T0011045">   >PIC FILE= "T0011046">    >PIC FILE= "T0011047">     ANNEX III TEST AT STEADY SPEEDS    1. INTRODUCTION      1.1. This Annex describes the method of determining emissions of pollutants at different steady speeds at 80 % of the maximum load.           1.2. The test may be carried out either on an engine or on a tractor.                  2. MEASUREMENT PRINCIPLE      2.1. The opacity of the exhaust gases produced by the engine shall be measured with the engine running under 80 % of the maximum load and at steady speed. Six measurements shall be made at engine speeds spaced out uniformly between that corresponding to maximum power and the higher of the following two engine speeds:        - 55 % of the engine speed corresponding to maximum power ; and               - 1 000 rpm.                 The extreme points of measurement shall be situated at the limits of the interval defined above.           2.2. In the case of diesel engines which are fitted with an air supercharger which can be engaged at will, and in which engines the entry into operation of the air supercharger automatically brings about an increase in the quantity of fuel injected ; the measurements shall be made both with and without the supercharger working.  For each engine speed, the result of the measurement shall be the higher of the two figures obtained.              3. TEST CONDITIONS      3.1. Tractor or engine        3.1.1. The engine or the tractor shall be submitted in good mechanical condition. The engine shall have been run in.               3.1.2. The engine shall be tested with the equipment described in Annex II.               3.1.3. The settings of the engine shall be those described by the manufacturer and by Annex II.               3.1.4. The exhaust device shall not have any orifice through which the gases emitted by the engine might be diluted.               3.1.5. The engine shall be in the normal working condition prescribed by the manufacturer. In particular, the cooling water and the oil shall each be at the normal temperature indicated by the manufacturer.                          3.2. Fuel  The fuel shall be the reference fuel whose specifications are given in Annex V.           3.3. Test laboratory >PIC FILE= "T0011048">            3.4. Sampling and measuring apparatus  The light-absorption coefficient of the exhaust gases shall be measured with an opacimeter satisfying the conditions laid down in Annex VII and installed in conformity with Annex VIII.                4. LIMIT VALUES     4.1. For each of the six engine speeds at which the absorption coefficient is measured pursuant to paragraph 2.1 above, the nominal gas flow G, expressed in litres per second, shall be calculated by means of the following formulae: >PIC FILE= "T0011049">   where:  V is the cylinder capacity of the engine expressed in litres ; and n is the engine speed in revolutions per minute,       4.2. For each engine speed the absorption coefficient of the exhaust gases shall not exceed the limit value given in the table in Annex VI. Where the value of the nominal flow is not one of those given in that table, the limit value applicable shall be obtained by interpolation on the principle of proportional parts.          ANNEX IV TEST UNDER FREE ACCELERATION    1. TEST CONDITIONS      1.1. The test shall be carried out on the tractor or engine which has undergone the test at steady speeds described in Annex III.        1.1.1. If the engine is tested on a bench the test shall be carried out as soon as possible after the test for measurement of opacity at steady speed. In particular, the cooling water and the oil shall be at the normal temperatures indicated by the manufacturer.               1.1.2. If the test is carried out on a stationary tractor, the engine shall first be brought to normal operating condition by a road run. The test shall be carried out as soon as possible after completion of the road run.                          1.2. The combustion chamber shall not have been cooled or fouled by a prolonged period of idling preceding the test.           1.3. The test conditions described in 3.1, 3.2 and 3.3 of Annex III shall apply.           1.4. The conditions described in 3.4 of Annex III, with regard to the sampling and measuring apparatus, shall apply.                  2. TEST METHODS      2.1. If the test is a bench test, the engine shall be disconnected from the brake, the latter being replaced either by the rotating parts driven when no gear is engaged or by an inertia substantially equivalent to that of the rotating parts.           2.2. If the test is carried out on a tractor, the gear-change control shall be set in the neutral position and the engine in gear.           2.3. With the engine idling, the accelerator control shall be operated quickly, but not violently, so as to obtain maximum delivery from the injection pump. This position shall be maintained until maximum engine speed is reached and the governor comes into action. As soon as this speed is reached the accelerator shall be released until the engine resumes its idling speed and the opacimeter reverts to the corresponding conditions.           2.4. The operation described in 2.3 above shall be repeated not less than six times in order to clear the exhaust system and to allow for any necessary adjustment of the apparatus. The maximum opacity values read at each successive acceleration shall be noted until stabilized values are obtained. No account shall be taken of the values read while the engine is idling after each acceleration. The values read shall be regarded as stabilized when four consecutive readings are situated within a band width of 0 725 m-1 and do not form a decreasing sequence. The absorption coefficient XM to be recorded shall be the arithmetic mean of these four values.           2.5. Engines fitted with an air supercharger shall be subject, where appropriate, to the following special requirements:        2.5.1. In the case of engines with an air supercharger which is coupled with or driven mechanically by the engine and is capable of being disengaged, two complete measurement cycles with preliminary accelerations shall be carried out, the air supercharger being engaged in one case and disengaged in the other. The measurement result recorded shall be the higher of the two results obtained;               2.5.2. In the case of engines with an air supercharger which can be cut out by means of a driver-operated bypass, the test shall be carried out with and without the bypass. The measurement result recorded shall be the higher of the results obtained.                                  3. DETERMINATION OF THE CORRECTED VALUE OF THE ABSORPTION COEFFICIENT     3.1. Notation  XM = value of the absorption coefficient under free acceleration measured as described in 2.4 of this Annex;  XL = corrected value of the absorption coefficient under free acceleration;  SM = value of the absorption coefficient measured at steady speed (2.1 of Annex III), which is closest to the prescribed limit value corresponding to the same nominal flow;  SL = value of the absorption coefficient (4.2 of Annex III) for the nominal flow corresponding to the point of measurement which gave the value SM;  L = effective length of the light path in the opacimeter.       3.2. When the absorption coefficients are expressed in m-1 and the effective length of the light path in metres, the correcte value XL is given by the smaller of the following two expressions: >PIC FILE= "T0011050">           ANNEX V >PIC FILE= "T0011051">   ANNEX VI >PIC FILE= "T0011052">   ANNEX VII CHARACTERISTICS OF OPACIMETERS    1. SCOPE  This Annex defines the conditions to be met by opacimeters used in the tests described in Annexes III and IV.       2. BASIC SPECIFICATION FOR OPACIMETERS      2.1. The gas to be measured shall be confined in an enclosure having a non-reflecting internal surface.           2.2. In determining the effective length of the light path through the gas, account shall be taken of the possible influence of devices protecting the light source and the photoelectric cell. This effective length shall be indicated on the instrument. >PIC FILE= "T0011053">                   3. CONSTRUCTION SPECIFICATIONS      3.1. General  The design shall be such that under steady-speed operating conditions the smoke chamber is filled with smoke of uniform opacity.           3.2. Smoke chamber and opacimeter casing        3.2.1. The impingement on the photoelectric cell of stray light due to internal reflections or diffusion effects shall be reduced to a minimum (e.g. by finishing internal surfaces in matt black and by a suitable general layout).               3.2.2. The optical characteristics shall be such that the combined effect of diffusion and reflection does not exceed one unit on the linear scale when the smoke chamber is filled with smoke having an absorption coefficient near 1 77 m-1.                          3.3. Light source  The light source shall be an incandescent lamp with a colour temperature in the range 2 800 to 3 250 K.           3.4. Receiver        3.4.1. The receiver shall consist of a photoelectric cell with a spectral response curve similar to the photopic curve of the human eye (maximum response in the range 550/570 nm ; less than 4 % of that maximum response below 430 nm and above 680 nm).               3.4.2. The construction of the electrical circuit, including the indicating dial, shall be such that the current output from the photoelectric cell is a linear function of the intensity of the light received over the operating-temperature range of the photoelectric cell.                          3.5. Measuring scales >PIC FILE= "T0011054">        3.5.2.  The relationship between the 0 to 100 linear scale and the light absorption coefficient k is given by the formula >PIC FILE= "T0011055">   where N is a reading on the linear scale and k the corresponding value of the absorption coefficient.   3.5.3. The indicating dial of the opacimeter shall enable an absorption coefficient of 1 77 m-1 to be read with an accuracy of 0 7025 m-1.           3.6. Setting and testing of the measuring apparatus        3.6.1. The electrical circuit of the photoelectric cell and of the indicating dial shall be adjustable so that the pointer can be reset at zero when the light flux passes through the smoke chamber filled with clean air or through a chamber having identical characteristics. >PIC FILE= "T0011056">    3.6.3. An intermediate check shall be carried out by placing in the smoke chamber a screen representing a gas whose known light-absorption coefficient k, measured as described in 3.5.1, is between 1 76 m-1 and 1 78 m-1. The value of k must be known to within 0 7025 m-1. The check consists in verifying that this value does not differ by more than 0 705 m-1 from that read on the opacimeter indicating dial when the screen is introduced between the source of light and the photoelectric cell.           3.7. Opacimeter response        3.7.1. The response time of the electrical measuring circuit, being the time necessary for the indicating dial to reach 90 % of full-scale deflection on insertion of a screen fully obscuring the photoelectric cell, shall be 0 79 to 1 71 seconds.               3.7.2. The damping of the electrical measuring circuit shall be such that the initial overswing beyond the final steady reading after any momentary variation in input (e.g. the calibration screen) does not exceed 4 % of that reading in linear scale units.               3.7.3. The response time of the opacimeter which is due to physical phenomena in the smoke chamber is the time between the beginning of the entry of the gas into the measuring apparatus and the complete filling of the smoke chamber ; it shall not exceed 0 74 second.               3.7.4. These provisions shall apply solely to opacimeters used to measure opacity under free acceleration.                          3.8. Pressure of the gas to be measured and of scavenging air        3.8.1. The pressure of the exhaust gas in the smoke chamber shall not differ by more than 735 Pa from the atmospheric pressure.               3.8.2. The variations in the pressure of the gas to be measured and of the scavenging air shall not cause the absorption coefficient to vary by more than 0 705 m-1 in the case of a gas having an absorption coefficient of 1 77 m-1.               3.8.3. The opacimeter shall be equipped with appropriate devices for measuring the pressure in the smoke chamber.               3.8.4. The limits of pressure variation of gas and scavenging air in the smoke chamber shall be indicated by the manufacturer of the apparatus.                          3.9. Temperature of the gas to be measured       3.9.1. At every point in the smoke chamber the gas temperature at the instant of measurement shall be between 70 ºC and a maximum temperature, specified by the opacimeter manufacturer, such that the readings over this temperature range do not vary by more than 0 71 m-1 if the chamber is filled with a gas having an absorption coefficient of 1 77 m-1.            3.9.2. The opacimeter shall be equipped with appropriate devices for measuring the temperature in the smoke chamber.                 4. EFFECTIVE LENGTH "L" OF THE OPACIMETER     4.1. General      4.1.1 In some types of opacimeter the gas between the light source and the photoelectric cell, or between transparent parts protecting the source and the photoelectric cell, is not of constant opacity. In such cases the effective length L shall be that of a column of gas of uniform opacity which gives the same absorption of light as that obtained when the gas is admitted in a normal way into the opacimeter. >PIC FILE= "T0011057">    4.1.3. It will be necessary to take comparative readings in quick succession to determine the correction to be made for shifts of zero.        4.2. Method of assessment of L      4.2.1. The test gas shall be exhaust gas of constant opacity or a light-absorptive gas of a gravimetric density similar to that of the exhaust gas. >PIC FILE= "T0011339">   4.2.3. The mean temperature of the test gas in the smoke chamber shall be measured.  4.2.4. If necessary, an expansion tank of compact design and of sufficient capacity to damp the pulsations may be incorporated in the sampling line as near to the probe as possible. A cooler may also be fitted. The addition of the expansion tank and of the cooler must not unduly disturb the composition of the exhaust gas.  4.2.5.  The test for determining the effective length shall consist of passing a sample of test gas alternately through the opacimeter operating normally and through the same apparatus modified as indicated in 4.1.2.      4.2.5.1. The opacimeter readings shall be recorded continuously during the test with a recorder whose response time is equal to or shorter than that of the opacimeter.           4.2.5.2. With the opacimeter operating normally, the reading on the linear scale of opacity is N and that of the mean gas temperature expressed in Kelvin is T. >PIC FILE= "T0011058">              4.2.7.  The test shall be repeated with at least four test gases giving readings evenly spaced between the 20 and 80 on the linear scale.  4.2.8.  effective length L of the opacimeter will be the arithmetic mean of the effective lengths obtained as stated in 4.2.6 with each of the gases.          ANNEX VIII INSTALLATION AND USE OF THE OPACIMETER    1. SCOPE  This Annex specifies the installation and use of opacimeters for the tests described in Annexes III and IV.       2. SAMPLING OPACIMETER      2.1. Installation for steady-speed tests        2.1.1. The ratio of the cross-sectional area of the probe to that of the exhaust pipe shall not be less than 0 705. The back pressure measured in the exhaust pipe at the intake of the probe shall not exceed 735 Pa.               2.1.2. The probe shall be a tube with an open end facing forwards in the axis of the exhaust pipe, or of the extension pipe if one is required. It shall be situated in a section where the distribution of smoke is approximately uniform. To achieve this, the probe shall be placed as far downstream in the exhaust pipe as possible or, if necessary, in an extension pipe so that, if D is the diameter of the exhaust pipe at the outlet, the end of the probe is situated in a straight portion at least 6D in length upstream of the sampling point and 3 D in length downstream. If an extension pipe is used, no air shall be allowed to enter the joint.               2.1.3. The pressure in the exhaust pipe and the characteristics of the pressure drop in the sampling line shall be such that the probe collects a sample substantially equivalent to that which would be obtained by isokinetic sampling.               2.1.4. If necessary, an expansion tank of compact design and of sufficient capacity to damp the pulsations may be incorporated in the sampling line as near to the probe as possible. A cooler may also be fitted. The addition of the expansion tank and cooler shall not unduly disturb the composition of the exhaust gas.               2.1.5. A butterfly valve or other means of increasing the sampling pressure may be placed in the exhaust pipe least three 3D downstream from the sampling probe.               2.1.6. The connecting pipes between the probe, the cooling device, the expansion tank (if required) and the opacimeter shall be as short as possible while satisfying the pressure and temperature requirements described in 3.8 and 3.9 of Annex VII. The pipe shall be inclined upwards from the sampling point to the opacimeter, and sharp bends where soot might accumulate shall be avoided. If not embodied in the opacimeter, a bypass valve shall be provided upstream.               2.1.7. A check shall be carried out during the test to ensure that the requirements of 3.8 of Annex VII, concerning pressure and those of 3.9 of Annex VII, concerning the temperature in the measuring chamber, are observed.                2.2. Installation for tests under free acceleration       2.2.1. The ratio of the cross-sectional area of the probe to that of the exhaust pipe shall not be less than 0 705. The back pressure measured in the exhaust pipe at the intake of the probe shall not exceed 735 Pa.           2.2.2. The probe shall be a tube with an open end facing forwards in the axis of the exhaust pipe, or of the extension pipe if one is required. It shall be situated in a section where the distribution of smoke is approximately uniform. To achieve this, the probe shall be placed as far  down-stream in the exhaust pipe as possible or, if necessary, in an extension pipe so that, if D is the diameter of the exhaust pipe at the outlet, the end of the probe is situated in a straight portion at least 6D in length upstream of the sampling point and 3D in length downstream. If an extension pipe is used, no air shall be allowed to enter the joint.           2.2.3. The sampling system shall be such that at all engine speeds the pressure of the sample at the opacimeter is within the limits specified in 3.8.2 of Annex VII. This may be checked by noting the sample pressure at engine idling and maximum no-load speeds. Depending on the characteristics of the opacimeter, control of sample pressure can be achieved by a fixed restriction or a butterfly valve in the exhaust pipe or extension pipe. Whichever method is used, the back pressure measured in the exhaust pipe at the intake of the probe shall not exceed 735 Pa.           2.2.4. The pipes connecting with the opacimeter shall be as short as possible. The pipe shall be inclined upwards from the sampling point to the opacimeter, and sharp bends where soot might accumulate shall be avoided. A bypass valve may be provided upstream of the opacimeter to isolate it from the exhaust-gas flow when no measurement is being made.                 3. FULL-FLOW OPACIMETER   The only general precautions to be observed in steady-speed and free-acceleration tests are the following:    3.1. joints in the connecting pipes between the exhaust pipe and the opacimeter shall not allow air to enter from outside;       3.2. the pipes connecting with the opacimeter shall be as short as possible, as in the case of sampling opacimeters. The pipe system shall be inclined upwards from the exhaust pipe to the opacimeter, and sharp bends where soot might accumulate shall be avoided. A bypass valve may be provided upstream of the opacimeter to isolate it from the exhaust-gas flow when no measurement is being made;       3.3. a cooling system may also be required upstream of the opacimeter.           ANNEX IX >PIC FILE= "T0011059">   ANNEX X >PIC FILE= "T0011060">   >PIC FILE= "T0011061">