Avis juridique important

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32004L0081

Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities

Official Journal L 261 , 06/08/2004 P. 0019 - 0023

 Council Directive  2004/81/EC of  29 April 2004  on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular point 3 of Article 63 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 European Economic and Social Committee,(3)

Having consulted the Committee of the Regions,

Whereas:

(1) The framing of a common immigration policy, including the definition of the conditions of entry and residence for foreigners and measures to combat illegal immigration, is a constituent element of the European Union's objective of creating an area of freedom, security and justice.

(2) At its special meeting in Tampere on  15  and  16 October 1999 , the European Council expressed its determination to tackle illegal immigration at source, for example by targeting those who engage in trafficking of human beings and the economic exploitation of migrants. It called on the Member States to concentrate their efforts on detecting and dismantling criminal networks while protecting the rights of victims.

(3) An indication of the growing concern about this phenomenon at international level was the adoption by the United Nations General Assembly of a Convention against Transnational Organised Crime, supplemented by a Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, and a Protocol Against the Smuggling of Migrants by Land, Sea and Air. These were signed by the Community and the 15 Member States in December 2000.

(4) This Directive is without prejudice to the protection granted to refugees, to beneficiaries of subsidiary protection and persons seeking international protection under international refugee law and without prejudice to other human rights instruments.

(5) This Directive is without prejudice to other provisions on the protection of victims, witnesses or persons who are particularly vulnerable. Nor does it detract from the prerogatives of the Member States as regards the right of residence granted on humanitarian or other grounds.

(6) This Directive respects fundamental rights and complies with the principles recognised for example by the Charter of Fundamental Rights of the European Union.

(7) Member States should give effect to the provision of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or belief, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation.

(8) At European level, Council Directive 2002/90/EC of  28 November 2002  defining the facilitation of unauthorised entry, transit and residence(4) and Council Framework Decision 2002/629/JHA of  19 July 2002  on combating trafficking in human beings(5) were adopted to strengthen the prevention and the fight against the above offences.

(9) This Directive introduces a residence permit intended for victims of trafficking in human beings or, if a Member State decides to extend the scope of this Directive, to third-country nationals who have been the subject of an action to facilitate illegal immigration to whom the residence permit offers a sufficient incentive to cooperate with the competent authorities while including certain conditions to safeguard against abuse.

(10) To this end, it is necessary to lay down the criteria for issuing a residence permit, the conditions of stay and the grounds for non-renewal and withdrawal. The right to stay under this Directive is subject to conditions and is of provisional nature.

(11) The third country nationals concerned should be informed of the possibility of obtaining this residence permit and be given a period in which to reflect on their position. This should help put them in a position to reach a well-informed decision as to whether or not to cooperate with the competent authorities, which may be the police, prosecution and judicial authorities (in view of the risks this may entail), so that they cooperate freely and hence more effectively.

(12) Given their vulnerability, the third-country nationals concerned should be granted the assistance provided by this Directive. This assistance should allow them to recover and escape the influence of the perpetrators of the offences. The medical treatment to be provided to the third-country nationals covered by this Directive also includes, where appropriate, psychotherapeutical care.

(13) A decision on the issue of a residence permit for at least six months or its renewal has to be taken by the competent authorities, who should consider if the relevant conditions are fulfilled.

(14) This Directive should apply without prejudice to the activities carried out by the competent authorities in all phases of the relevant national proceedings, and in particular when investigating the offences concerned.

(15) Member States should consider authorising the stay on other grounds, according to their national legislation, for third-country nationals who may fall within the scope of this Directive, but who do not, or no longer, fulfil the conditions set by it, for the members of his/her family or for persons treated as members of his/her family.

(16) To enable the third-country nationals concerned to gain their independence and not return to the criminal network, the holders of the residence permit should be authorised, under the conditions set by this Directive, to have access to the labour market and pursue vocational training and education. In authorising access of the holders of the residence permit to vocational training and education, Member States should consider in particular the likely duration of stay.

(17) The participation of the third-country nationals concerned to programmes and schemes, already existing or to be introduced, should contribute to their recovery of a normal social life.

(18) If the third-country nationals concerned submit an application for another kind of residence permit, Member States take a decision on the basis of ordinary national aliens' law. When examining such an application, Member States should consider the fact that the third-country nationals concerned have been granted the residence permit issued under this Directive.

(19) Member States should provide the Commission, with respect to the implementation of this Directive, with the information which has been identified in the framework of the activities developed with regard to the collection and treatment of statistical data concerning matters falling within the area of Justice and Home Affairs.

(20) Since the objective of introducing a residence permit for the third-country nationals concerned who cooperate in the fight against trafficking in human beings cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at the Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(21) In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on the European Union and to the Treaty establishing the European Community and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application.

(22) In accordance with Article 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on the European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Directive and is not bound by it or subject to its application,

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose

The purpose of this Directive is to define the conditions for granting residence permits of limited duration, linked to the length of the relevant national proceedings, to third-country nationals who cooperate in the fight against trafficking in human beings or against action to facilitate illegal immigration.

Article 2

Definitions

For the purposes of this Directive:

(a)  «third-country national»  means any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty;

(b)  «action to facilitate illegal immigration»  covers cases such as those referred to in Articles 1 and 2 of Directive 2002/90/EC;

(c)  «trafficking in human beings»  covers cases such as those referred to in Articles 1, 2 and 3 of Framework Decision 2002/629/JHA;

(d)  «measure to enforce an expulsion order»  means any measure taken by a Member State to enforce the decision of the competent authorities ordering the expulsion of a third-country national;

(e)  «residence permit»  means any authorisation issued by a Member State, allowing a third-country national who fulfils the conditions set by this Directive to stay legally on its territory.

(f)  «unaccompanied minors»  means third-country nationals below the age of eighteen, who arrive on the territory of the Member State unaccompanied by an adult responsible for them whether by law or custom, and for as long as they are not effectively taken into the care of such a person, or minors who are left unaccompanied after they have entered the territory of the Member State.

Article 3

Scope

1. Member States shall apply this Directive to the third-country nationals who are, or have been victims of offences related to the trafficking in human beings, even if they have illegally entered the territory of the Member States.

2. Member States may apply this Directive to the third-country nationals who have been the subject of an action to facilitate illegal immigration.

3. This Directive shall apply to the third-country nationals concerned having reached the age of majority set out by the law of the Member State concerned.

By way of derogation, Member States may decide to apply this Directive to minors under the conditions laid down in their national law.

Article 4

More favourable provisions

This Directive shall not prevent Member States from adopting or maintaining more favourable provisions for the persons covered by this Directive.

CHAPTER II

PROCEDURE FOR ISSUING THE RESIDENCE PERMIT

Article 5

Information given to the third-country nationals concerned

When the competent authorities of the Member States take the view that a third-country national may fall into the scope of this Directive, they shall inform the person concerned of the possibilities offered under this Directive.

Member States may decide that such information may also be provided by a non-governmental organisation or an association specifically appointed by the Member State concerned.

Article 6

Reflection period

1. Member States shall ensure that the third-country nationals concerned are granted a reflection period allowing them to recover and escape the influence of the perpetrators of the offences so that they can take an informed decision as to whether to cooperate with the competent authorities.

The duration and starting point of the period referred to in the first subparagraph shall be determined according to national law.

2. During the reflection period and while awaiting the decision of the competent authorities, the third-country nationals concerned shall have access to the treatment referred to in Article 7 and it shall not be possible to enforce any expulsion order against them.

3. The reflection period shall not create any entitlement to residence under this Directive.

4. The Member State may at any time terminate the reflection period if the competent authorities have established that the person concerned has actively, voluntarily and on his/her own initiative renewed contact with the perpetrators of the offences referred to in Article 2(b) and (c) or for reasons relating to public policy and to the protection of national security.

Article 7

Treatment granted before the issue of the residence permit

1. Member States shall ensure that the third-country nationals concerned who do not have sufficient resources are granted standards of living capable of ensuring their subsistence and access to emergency medical treatment. They shall attend to the special needs of the most vulnerable, including, where appropriate and if provided by national law, psychological assistance.

2. Member States shall take due account of the safety and protection needs of the third-country nationals concerned when applying this Directive, in accordance with national law.

3. Member States shall provide the third-country nationals concerned, where appropriate, with translation and interpreting services.

4. Member States may provide the third-country nationals concerned with free legal aid, if established and under the conditions set by national law.

Article 8

Issue and renewal of the residence permit

1. After the expiry of the reflection period, or earlier if the competent authorities are of the view that the third-country national concerned has already fulfilled the criterion set out in subparagraph (b), Member States shall consider:

(a) the opportunity presented by prolonging his/her stay on its territory for the investigations or the judicial proceedings, and

(b) whether he/she has shown a clear intention to cooperate and

(c) whether he/she has severed all relations with those suspected of acts that might be included among the offences referred to in Article 2(b) and (c).

2. For the issue of the residence permit and without prejudice to the reasons relating to public policy and to the protection of national security, the fulfilment of the conditions referred to in paragraph 1 shall be required.

3. Without prejudice to the provisions on withdrawal referred to in Article 14, the residence permit shall be valid for at least six months. It shall be renewed if the conditions set out in paragraph 2 of this Article continue to be satisfied.

CHAPTER III

TREATMENT OF HOLDERS OF THE RESIDENCE PERMIT

Article 9

Treatment granted after the issue of the residence permit

1. Member States shall ensure that holders of a residence permit who do not have sufficient resources are granted at least the same treatment provided for in Article 7.

2. Member States shall provide necessary medical or other assistance to the third-country nationals concerned, who do not have sufficient resources and have special needs, such as pregnant women, the disabled or victims of sexual violence or other forms of violence and, if Member States have recourse to the option provided for in Article 3(3), minors.

Article 10

Minors

If Member States have recourse to the option provided for in Article 3(3), the following provisions shall apply:

(a) Member States shall take due account of the best interests of the child when applying this Directive. They shall ensure that the procedure is appropriate to the age and maturity of the child. In particular, if they consider that it is in the best interest of the child, they may extend the reflection period.

(b) Member States shall ensure that minors have access to the educational system under the same conditions as nationals. Member States may stipulate that such access must be limited to the public education system.

(c) In the case of third-country nationals who are unaccompanied minors, Member States shall take the necessary steps to establish their identity, nationality and the fact that they are unaccompanied. They shall make every effort to locate their families as quickly as possible and take the necessary steps immediately to ensure legal representation, including representation in criminal proceedings, if necessary, in accordance with national law.

Article 11

Work, vocational training and education

1. Member States shall define the rules under which holders of the residence permit shall be authorised to have access to the labour market, to vocational training and education.

Such access shall be limited to the duration of the residence permit.

2. The conditions and the procedures for authorising access to the labour market, to vocational training and education shall be determined, under the national legislation, by the competent authorities.

Article 12

Programmes or schemes for the third-country nationals concerned

1. The third-country nationals concerned shall be granted access to existing programmes or schemes, provided by the Member States or by non-governmental organisations or associations which have specific agreements with the Member States, aimed at their recovery of a normal social life, including, where appropriate, courses designed to improve their professional skills, or preparation of their assisted return to their country of origin.

Member States may provide specific programmes or schemes for the third-country nationals concerned.

2. Where a Member State decides to introduce and implement the programmes or schemes referred to in paragraph 1, it may make the issue of the residence permit or its renewal conditional upon the participation in the said programmes or schemes.

CHAPTER IV

NON-RENEWAL AND WITHDRAWAL

Article 13

Non-renewal

1. The residence permit issued on the basis of this Directive shall not be renewed if the conditions of Article 8(2) cease to be satisfied or if a decision adopted by the competent authorities has terminated the relevant proceedings.

2. When the residence permit issued on the basis of this Directive expires ordinary aliens' law shall apply.

Article 14

Withdrawal

The residence permit may be withdrawn at any time if the conditions for the issue are no longer satisfied. In particular, the residence permit may be withdrawn in the following cases:

(a) if the holder has actively, voluntarily and in his/her own initiative renewed contacts with those suspected of committing the offences referred to in Article 2(b) and (c); or

(b) if the competent authority believes that the victim's cooperation is fraudulent or that his/her complaint is fraudulent or wrongful; or

(c) for reasons relating to public policy and to the protection of national security; or

(d) when the victim ceases to cooperate; or

(e) when the competent authorities decide to discontinue the proceedings.

CHAPTER V

FINAL PROVISIONS

Article 15

Safeguard clause

This Directive shall apply without prejudice to specific national rules concerning the protection of victims and witnesses.

Article 16

Report

1. No later than  6 August 2008 , the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and propose any amendments that are necessary. The Member States shall send the Commission any information relevant to the preparation of this report.

2. After presenting the report referred to in paragraph 1, the Commission shall report to the European Parliament and the Council at least every three years on the application of this Directive in the Member States.

Article 17

Transposal

The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before  6 August 2006 . They shall immediately inform the Commission accordingly.

When the 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 Member States.

Article 18

Entry into force

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

Article 19

Addressees

This Directive is addressed to the Member States in accordance with the Treaty establishing the European Community.

Done at Luxembourg,  29 April 2004 .

 For the Council

 The President

M. Mc Dowell

(1) OJ C 126 E, 28.5.2002, p. 393.

(2) Opinion delivered on  5 December 2002  (not yet published in the Official Journal).

(3) OJ C 221, 17.9.2002, p. 80.

(4) OJ L 328, 5.12.2002, p. 17.

(5) OJ L 203, 1.8.2002, p. 1.


Avis juridique important

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31987L0217

Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos

Official Journal L 085 , 28/03/1987 P. 0040 - 0045 Finnish special edition: Chapter 15 Volume 7 P. 0211  Swedish special edition: Chapter 15 Volume 7 P. 0211

*****COUNCIL  DIRECTIVE  of 19 March 1987  on the prevention and reduction of environmental pollution by asbestos  (87/217/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 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 successive action programmes of the European Communities (4) on the environment emphasize the importance of preventing and reducing environmental pollution; whereas in this context asbestos has been listed among the first-category pollutants to be investigated on the grounds of their toxicity and of their potentially serious effects on human health and the environment;  Whereas Council Directive 83/478/EEC (5) inserted in Directive 76/769/EEC (6), as last amended by Directive 85/467/EEC (7), provisions restricting the marketing and use of crocidolite (blue asbestos) and products containing crocidolite fibres and special provisions concerning the labelling of products containing asbestos;  Whereas Council Directive 83/477/EEC (8) lays down provisions on the protection of workers from the risks related to exposure to asbestos at work;  Whereas Directive 84/360/EEC (9), lays down provisions on the combating of air pollution from industrial plants;  Whereas Member States should take the measures necessary to ensure that asbestos emissions into the air, asbestos discharges into the aquatic environment, and solid asbestos waste are, as far as possible, reduced at source or prevented;  Whereas it is appropriate to allow a sufficient period of time for the application of these measures to existing plants;  Whereas Member States should have the possibility, whilst respecting the provisions of the Treaty, to introduce more stringent provisions in order to protect health and the environment;  Whereas disparities between the provisions in force or being amended in the Member States as regards the control of pollution from industrial plants can create unequal conditions of competition and thereby directly affect the functioning of the common market; whereas it is therefore necessary to approximate legislation in this field pursuant to Article 100 of the Treaty;  Whereas reducing pollution by asbestos serves to further one of the Community's objectives regarding the protection and improvement of the environment; whereas, however, specific powers for this purpose are not expressly provided for in the Treaty and Article 235 must therefore also be invoked,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. The objective of this Directive is to lay down measures and to supplement provisions already in force, with a view to preventing and reducing pollution by asbestos in the interests of the protection of human health and the environment.  2. This Directive shall be applied without prejudice to the provisions laid down by Directive 83/477/EEC.  Article 2  For the purpose of this Directive:  1. Asbestos means the following fibrous silicates:  - crocidolite (blue asbestos),  - actinolite,  - anthophyllite,  - chrysotile (white asbestos),  - amosite (brown asbestos),  - tremolite.  2. Raw asbestos means:  the product resulting from the primary crushing of asbestos ore.  3. Use of asbestos means:  activities which involve the handling of a quantity of more than 100 kilograms of raw asbestos per year and which concern:  (a) the production of raw asbestos ore excluding any process directly associated with the mining of the ore, and/or  (b) the manufacturing and industrial finishing of the following products using raw asbestos: asbestos cement or asbestos-cement products, asbestos friction products, asbestos filters, asbestos textiles, asbestos paper and card, asbestos jointing, packaging and reinforcement materials, asbestos floor coverings, asbestos fillers.  4. Working of products containing asbestos means:  activities other than the use of asbestos, which are liable to release asbestos into the environment.  5. Waste means:  any substance or object as defined in Article 1 of Directive 75/442/EEC (1).  Article 3  1. Member States shall take the measures necessary to ensure that asbestos emissions into the air, asbestos discharges into the aquatic environment, and solid asbestos waste are, as far as reasonably practicable, reduced at source and prevented. In the case of the use of asbestos, these measures should entail using the best available technology not entailing excessive cost, including where appropriate recycling or treatment.  2. In the case of existing plants, the requirement in paragraph 1 that best available technology not entailing excessive costs be used to reduce and eliminate emissions of asbestos into the air shall be applied taking into account the elements set out in Article 13 of Directive 84/360/EEC.  Article 4  1. Without prejudice to Article 3, Member States shall take the measures necessary to ensure that the concentration of asbestos emitted through the discharge ducts into the air during use of asbestos does not exceed a limit value of 0,1 mg/m3 (milligrams of abestos per m3 of air discharged).  2. Member States may exempt from the obligation referred to in paragraph 1 the plants emitting less than 5 000 m3/hour total gaseous discharges, where the discharge of asbestos into the air is not more than 0,5 grams per hour at any time under normal operating conditions.  When this exemption applies, the competent authorities of Member States shall take appropriate measures in order to ensure that the thresholds referred to in the first subparagraph are not exceeded.  Article 5  Member States shall take the measures necessary to ensure that:  (a) all aqueous effluent arising in the manufacture of asbestos cement is recycled. Where such recycling is not ecoomically feasible, Member States shall take the measures necessary to ensure that the disposal of liquid waste containing asbestos does not result in pollution of the aquatic environment and other sectors including the air.  To this end:  - the limit value of 30 grams of total suspended matter per m3 of aqueous effluent discharged shall apply,  - the competent authorities of Member States shall, for each plant concerned, specify the volume of discharges into water of the total quantity of suspended matter dischargd per tonne of product taking account of the specific situation of the plant.  These limits shall apply at the point where the waste waters leave the industrial plant.  (b) All aqueous effluent arising in the manufacture of asbestos paper or board is recycled.  However, the discharge of aqueous effluent containing not more than 30 grams of suspended matter per m3 of water may be authorized during routine cleaning or maintenance of the plant.  Article 6  1. Member States shall take the measures necessary to ensure that measurements are taken at regular intervals of emissions into the air and of discharges of aqueous effluent from facilities to which the limit values provided for in Articles 4 and 5 apply.  2. For the purposes of checking compliance with the said limit values the sampling and analysis procedures and methods shall be in conformity with those described in the Annex or with any other procedure or method which gives equivalent results.  3. Member States shall notify to the Commission the procedures and methods they are using together with the information relevant to assess the pertinence of such procedures and methods. On the basis of this information, the Commission will keep under review the equivalence of the different procedures and methods and report to the Council five years after notification of the Directive.  Article 7  Member States shall take the measures necessary to ensure that:  - activities involving the working of products containing asbestos do not cause significant environmental pollution by asbestos fibres or dust,  - the demolition of buildings, structures and installations containing asbestos and the removal therefrom of asbestos or materials containing asbestos involving the release of asbestos fibres or dust do not cause  significant asbestos environmental pollution; to that end they shall satisfy themselves that the plan of work provided for in Article 12 of Directive 83/477/EEC prescribes the introduction of all the necessary preventive measures to this end.  Article 8  Without prejudice to Directive 78/319/EEC (1), as last amended by the 1985 Act of Accession, Member States shall take the measures necessary to ensure that:  - in the course of the transport and deposition of waste containing asbestos fibres or dust, no such fibres or dust are released into the air and no liquids which may contain asbestos fibres are spilled,  - where waste containing asbestos fibres or dust is landfilled at sites licensed for the purpose, such waste is so treated, packaged or covered, with account being taken of local conditions, that the release of asbestos particles into the environment is prevented.  Article 9  A Member State may, in order to protect health and the environment, introduce provisions which are more stringent than those of this Directive, in compliance with the conditions laid down by the Treaty.  Article 10  The procedure provided for in Articles 11 and 12 is established for the adaptation of the Annex to technical progress and shall be followed for any modification of the methods of sampling and analysis mentioned in the Annex. This adaptation must not result in any direct or indirect modification of the limit values indicated in Articles 4 and 5.  Article 11  A Committee for the adaptation of this Directive to scientific and technical progress, hereinafter called 'the Committee', consisting of representatives of the Member States and chaired by a representative of the Commission, is hereby set up.  The Committee shall draw up its rules of procedure.  Article 12  1. Where the procedure laid down in this Article is to be followed, the Chairman shall refer the matter to the Committee, either on his own initiative or at the request of the representative of a Member State.  2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by a majority of 54 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The Chairman shall not vote.  3. (a) The Commission shall adopt the intended measures when they are in accordance with the Committee's opinion.  (b) Where the intended measures are not in accordance with the opinion of the Committee, or in the absence of any opinion, the Commission shall forthwith submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.  If, on the expiry of three months from the date on which the matter was referred to it, the Council has not adopted any measures, the Commission shall adopt the proposed measures and apply them immediately.  Article 13  1. The Commission shall periodically make a comparative assessment of the application of this Directive by Member States. Member States shall supply the Commission with all information relevant to this end. The confidential nature of any information supplied should be respected.  2. Where necessary, in the light of the evolution of knowledge in the medical field and that of technological progress, the Commission shall submit further proposals aimed at preventing and reducing pollution by asbestos in the interests of the protection of human health and the environment.  Article 14  1. Subject to paragraph 2, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1988. They shall forthwith inform the Commission thereof.  2. Member States shall adopt and publish the provisions necessary to comply with Articles 4 and 5 as soon as possible and in any case not later than 30 June 1991 for plants built or authorized before the date given in paragraph 1.  3. 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 15  This Directive is addressd to the Member States.  Done at Brussels, 19 March 1987.  For the Council  The President  M. SMET  (1) OJ No C 349, 31. 12. 1985, p. 27.  (2) Opinion delivered on 9 March 1987 (not yet published in the Official Journal)  (3) OJ No C 207, 18. 8. 1986, p. 21.  (4) OJ No C 112, 20. 12. 1973, p. 1, OJ No C 139, 13. 6. 1977, p. 1 and OJ No C 46, 17. 2. 1983, p. 1.  (5) OJ No L 263, 24. 9. 1983, p. 33.  (6) OJ No L 262, 27. 9. 1976, p. 201.  (7) OJ No L 269, 11. 10. 1985, p. 56.  (8) OJ No L 263, 24. 9. 1983, p. 25.  (9) OJ No L 188, 16. 7. 1984, p. 20.  (1) OJ No L 194, 25. 7. 1975, p. 47.  (1) OJ No L 84, 31. 3. 1978, p. 43.  ANNEX  METHODS OF SAMPLING AND ANALYSES  A. DISCHARGE OF AQUEOUS EFFLUENT  The reference method of analysis to determine total suspended matter (filterable matter from the non precipitated sample) as expressed in mg/l shall be filtering through a 0,45 mm filter membrane, drying at 105 °C and weighing (1).  Samples must be taken in such a way as to be representative of the discharge over a 24-hour period.  This determination must be conducted to a precision (2) of ± 5 % and an accuracy (2) of ± 10 %.  B. SPECIFICATIONS TO BE MET WHEN SELECTING A METHOD FOR MEASURING EMISSIONS INTO THE AIR  I. Gravimetric method  1. The method selected shall be a gravimetric method which is capable of measuring the total quantities of dust emitted through the discharge ducts.  Account shall be taken of the concentration of asbestos in dust. When concentration measurements are required, the concentration of asbestos in dust shall be measured or evaluated. The controlling authority shall decide on the periodicity of such measure, according to the characteristics of the plant and of its production, but this should be initially at least every six months. If a Member State has established that the concentration does not display any significant variation, the frequency of measurement may be reduced. Where periodical measures are not taken, the limit value specified in Article 4 of the Directive applies to the total dust emissions.  Sampling shall be conducted before any dilution of the flow to be measured.  2. The sampling must be conducted to a precision of ± 40 % and an accuracy of ± 20 % at the limit value. The limit of detection must be 20 %. At least two measurements under the same conditions shall be made in order to check the compliance with the limit value.  3. Operation of the installation  Measurements shall only be valid if sampling takes place while the installation is operating normally.  4. Selecting the sampling point  Sampling shall take place at a point where there is a laminar flow of air. As far as possible, care shall be taken to avoid turbulence, and obstacles which might disrupt the flow of air.  5. Modifications required for sampling  Suitable apertures shall be made in ducts where sampling is to take place and proper platforms shall be provided.  6. Measurements to be taken before sampling  Before sampling commences, it is first necessary to measure air temperature and pressure and the velocity of flow in the duct. Air temperature and pressure shall normally be measured along the sampling line at normal flow rates. Under exceptional conditions, it is also necessary to measure the water vapour concentration so that the results can be amended accordingly.  7. General requirements of the sampling procedure  The procedure requires a sample of air from a duct carrying the emissions of asbestos dust to be drawn through a filter, and the asbestos content of the dust retained in the filter to be measured.  7.1. The sampling line shall first be checked to ensure that it is airtight and that there are no leaks which might give rise to measurement errors. The sampler head shall be carefully sealed off and the sampler pump started up. The rate of leakage shall not exceed 1 % of the normal sampling flow.  7.2. Normally sampling shall be conducted under isokinetic conditions.  7.3. Duration of sampling shall depend on the type of process being monitored and the sampling line used and the sampling period shall be sufficient to ensure that an adequate quantity of material is collected for weighing. It shall be representative of the full process being monitored.  7.4. When the sampler filter is not in the immediate proximity of the sampler head, it is essential to recover materials deposited in the sampling probe.  7.5. The sampler head and the number of points where samples must be taken shall be determined in accordance with the national standard adopted.  8. Nature of the sampler filter  8.1. The filter appropriate to the technique of analysis used shall be chosen. For the gravimetric method, glassfibre filters are preferable.  8.2. A minimum filtration efficiency of 99 % is required, as defined with reference to the DOP test using an aerosol with particles of 0,3 mm diameter.  9. Weighing  9.1. An appropriate high precision balance shall be used.  9.2. In order to achieve the accuracy required for weighing it is essential to condition filters thoroughly before and after sampling.  10. Expression of results  In addition to measurement data, results shall record temperature, pressure and flow data and shall include all relevant information, such as a simple diagram showing the location of sampling points, the dimensions of ducts, the volumes sampled and the method of calculation used to obtain the results. These results shall be expressed at normal temperature (273 K) and pressure (101,3 kPa).  II. Countable fibres method  Where fibre counting procedures are used for the purpose of checking compliance with the limit value in Article 4 of the Directive, subject to the provisions of Article 6 (3) of the Directive, a conversion factor of two fibres/ml to 0,1 mg/m3 of asbestos dust may be used.  For the purposes of the Directive a fibre is defined as any object of length greater than 5 mm, breadth less than 3 mm, and having a length/breadth ratio greater than 3/1, which is countable by phase contrast optical microscopy using the European reference method defined in Annex I of Directive 83/477/EEC.  A fibre counting method shall meet the following specifications:  1. The method shall be capable of measuring the concentration of countable fibres in the emitted gases.  The controlling authority shall decide on the periodicity of such measures, according to the characteristics of the plant and of its production, but this should be at least every six months. Where periodical measures are not taken, the limit value specified in Article 4 applies to the total dust emission.  Sampling shall be conducted before any dilution of the flow to be measured.  2. Operation of the installation  Measurement shall only be valid if sampling takes place while the installation is operating normally.  3. Selecting the sampling point  Sampling shall take place at a point where there is a laminar flow of air. As far as possible, care shall be taken to avoid turbulence and obstacles which might disrupt the flow of air.  4. Modifications required for sampling  Suitable apertures shall be made in ducts where sampling is to take place, and proper platforms shall be provided.  5. Measurements to be taken before sampling  Before sampling commences, it is first necessary to measure air temperature and pressure, and the velocity of flow in the duct. Air temperature and pressure shall normally be measured along the sampling line at normal flow rates. Under exceptional conditions, it is also necessary to measure the water vapour concentration so that the results can be amended accordingly. 6. General requirements of the sampling procedure  The procedure requires a sample of air from a duct carrying the emissions of asbestos dust to be drawn through a filter, and the countable asbestos fibres in the dust retained on the filter to be measured.  6.1. The sampling line shall first be checked to ensure that it is airtight, and that there are no leaks which might give rise to measurement errors. The sampling head shall be carefully sealed off and the sampling pump started up. The rate of leakage shall not exceed 1 % of the normal sampling flow.  6.2. Sampling of the emitted gases shall be conducted inside the emission duct under isokinetic conditions.  6.3. Duration of sampling shall depend on the type of process being monitored and the size of the sampling nozzle used. The sampling period shall be sufficient to ensure that the sample collection filter carries between 100-600 countable asbestos fibres/mm2. It shall be representative of the full process being monitored.  6.4. The sampling head and the number of points where samples must be taken shall be determined in accordance with the national standard adopted.  7. Nature of the sampling collection filter  7.1. The filter appropriate to the technique of measurement shall be chosen. For the countable fibre method, membrane filters (mixed esters of cellulose or cellulose nitrate) of nominal pore size 5 mm, with printed squares and a diameter of 25 mm shall be used.  7.2. The sample collection filter shall have a minimum filtration efficiency of 99 % with respect to countable asbestos fibres.  8. Counting of fibres  The fibre counting method shall conform to the European reference method, as set out in Annex I of Directive 83/477/EEC.  9. Expression of results  In addition to measurement data, results shall record temperature, pressure and flow data and shall include all relevant information, such as a simple diagram showing the location of sampling points, the dimensions of ducts, the volumes sampled and the market of calculation used to obtain the results. These results shall be expressed at normal temperature (273 K) and pressure (101,3 kPa).  (1) See Annex III to Directive 82/883/EEC (OJ No L 378, 31. 12. 1982, p. 1).  (2) These items are defined in Article 2 of Directive 79/869/EEC (OJ No L 271, 29. 10. 1979, p. 44) as amended by Directive 81/855/EEC (OJ No L 319, 7. 11. 1981, p. 16).


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31978L1015

Council Directive 78/1015/EEC of 23 November 1978 on the approximation of the laws of the Member States on the permissible sound level and exhaust system of motorcycles

Official Journal L 349 , 13/12/1978 P. 0021 - 0030 Finnish special edition: Chapter 15 Volume 2 P. 0120  Greek special edition: Chapter 15 Volume 1 P. 0189  Swedish special edition: Chapter 15 Volume 2 P. 0120  Spanish special edition: Chapter 13 Volume 9 P. 0124  Portuguese special edition Chapter 13 Volume 9 P. 0124

COUNCIL DIRECTIVE  of 23 November 1978  on the approximation of the laws of the Member States on the permissible sound level and exhaust system of motorcycles  (78/1015/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the technical requirements which motorcycles must satisfy pursuant to national laws relate inter alia to the permissible sound level and to the exhaust system;  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;  Whereas the increased numbers and use of motorcycles aggravate the annoyance caused by noise pollution ; whereas therefore the noise emissions of motorcycles should be limited on the basis of a representative method of testing;  Whereas the approximation of national laws relating to motorcycles entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements;  Whereas setting limit values for the sound level of motorcycles constitutes a step towards the improvement of the environment ; whereas the technical development of less noisy motorcycles should be further encouraged ; whereas, particularly in the case of more powerful motorcycles, an endeavour should be made to lower present limit values to around 80 dB(A) by 1985 ; whereas, in the case of other categories of motorcycles too, it is imperative that efforts to reduce noise should continue to be made ; whereas the levels fixed should take account of what would be technically possible by such a date, and furthermore, these levels should be fixed in good time so as to give manufacturers a sufficient period to improve their products,  HAS ADOPTED THIS DIRECTIVE:    Article 1 For the purposes of this Directive, "motorcycle" means any two-wheeled vehicle, with or without a side-car, fitted with an engine, intended for use on the road and having a maximum design speed of more than 50 km/h.   Article 2 For the purposes of this Directive, "national type-approval" means the administrative procedure known as:    - "agréation par type" and "aanneming" in Belgian law,       - "standardtypegodkendelse" in Danish law,       - "allgemeine Betriebserlaubnis" in German law,       - "reception par type" in French law,       - "type-approval" in Irish law,       - "omologazione" or "approvazione del tipo" in Italian law,       - "agréation" in Luxembourg law,       - "typegoedkeuring" in Dutch law,       - "type-approval" in United Kingdom law  (1)OJ No C 40, 20.2.1975, p. 18. (2)OJ No C 125, 8.6.1976, p. 48. (3)OJ No C 204, 30.8 1976, p. 25.           Article 3 1. At the request of a manufacturer or his authorized representative each Member State shall carry out the tests provided for in Annex I to check that a type of motorcycle complies with the harmonized requirements. No application in respect of any one type of motorcycle may be submitted to more than one Member State.  When the tests have been completed, the Member State shall issue the sound level measurement certificate, hereinafter called "the certificate", using the model given in Annex II and specifying in particular whether or not the type of motorcycle complies with the harmonized requirements.  2. The Member State which issued the certificate attesting conformity of a type of motorcycle with the harmonized requirements shall take the necessary measures to verify, in so far as is necessary and if need be in cooperation with the competent authorities of the other Member States, that production models conform to the type for which this certificate was issued. Such verification shall be carried out by means of spot checks.   Article 4 The competent authorities of each Member State shall send within one month to the competent authorities of the other Member States a copy of the certificates drawn up for each type of motorcycle which they have tested in accordance with this Directive. The applicant shall also be issued with a copy of the certificate. The other Member States shall treat the document as proof that the tests provided for by this Directive have been carried out and shall refrain from repeating the tests.   Article 5 1. In those Member States where motorcycles or certain categories of motorcycles are subject to national type-approval, that approval shall be based on the harmonized technical requirements instead of the corresponding national requirements, if the manufacturer or his authorized representative so requests.  2. No Member State where motorcycles or certain categories of motorcycles are not subject to national type-approval may refuse the registration or prohibit the sale, entry into service or use of such motorcycles on the grounds that the harmonized technical requirements have been complied with instead of the corresponding national requirements.   Article 6 1. The Member State which has issued the certificate attesting conformity of a type of motorcycle with the harmonized requirements shall take the necessary measures to ensure that it is informed of any modification of a part or characteristic referred to in 1.1 of Annex I.  2. If the State in question considers that such a modification does not require an amendment to the data taken into account in drawing up the certificate, the competent authorities of that State shall inform the manufacturer or his authorized representative thereof.  3. If, however, the State in question finds that a modification of this kind warrants fresh checks or fresh tests and that it is accordingly necessary to amend the existing certificate or complete a fresh certificate, the competent authorities of that State shall inform the manufacturer or the authorized agent thereof and shall, within one month of the date on which the new documents were drawn up, forward these documents and the frame number of the last motorcycle manufactured in conformity with the old certificate and, where appropriate, the frame number of the first motorcycle manufactured in conformity with the modified or new certificate to the competent authorities of the other Member States.   Article 7 1. Member States shall put into force provisions needed in order to comply with this Directive before 1 October 1980 and shall forthwith inform the Commission thereof.  However, during a period of 30 months from notification of this Directive, Member States may not refuse national type-approval and/or the registration, sale, entry into service or use of a type of motorcycle, the sound level of which complies with the national provisions in force at the time of notification of this Directive.  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 8 Before 31 December 1984, the Council shall, on a proposal from the Commission, decide on a reduction in the maximum permissible sound levels provided for in Annex I to this Directive.   Article 9 Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in  accordance with the procedure provided for in Article 13 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 (1) as last amended by Directive 78/547/EEC (2). The maximum permissible sound levels may in no case be raised. However, this procedure shall only apply to point 2.1.1 of Annex I as from 1 July 1984.   Article 10 This Directive is addressed to the Member States.     Done at Brussels, 23 November 1978.  For the Council  The President  J. ERTL  (1)OJ No L 42, 23.2.19970, p. 1. (2)OJ No L 168, 26.6.1978, p. 39.     ANNEX I DEFINITIONS, PERMISSIBLE SOUND LEVELS, EXHAUST SYSTEM     1. DEFINITIONS      1.1. Type of motorcycle as regards its sound level and exhaust system  "Type of motorcycle as regards its sound level and exhaust system" means motorcycles which do not differ essentially as regards the following characteristics:        1.1.1. type of engine (two- or four-stroke, reciprocating piston engine or rotary-piston engine, number and capacity of cylinders, number and type of carburettors or injection system, arrangement of valves, maximum power and corresponding speed) ; for the application of this Directive, double the volume of the chamber should be considered as the cubic capacity of rotary-piston engines;               1.1.2. transmission system, in particular the number of gear ratios;               1.1.3. number, type and arrangement of exhaust systems.                          1.2. Exhaust system  "Exhaust system" means a complete set of components necessary to limit the noise caused by a motorcycle engine and its exhaust.           1.3. Exhaust systems of differing types  "Exhaust systems of differing types" means systems which differ essentially as regards the following characteristics:        1.3.1. systems the components of which bear different factory or trade marks;               1.3.2. systems in which the characteristics of the materials forming any component are different or the components of which are of a different shape or size;               1.3.3. systems in which the operating principles of at least one component are different;               1.3.4. systems the components of which are in different combinations.                          1.4. Component of an exhaust or intake silencer system  "Component of an exhaust or intake silencer system" means one of the individual components which together form the exhaust system (such as exhaust pipes and tubes, the silencer proper) or the intake system (air filter).  If the engine is equipped with an air filter and/or an intake noise absorber which is (are) indispensable for the purpose of complying with maximum permissible sound levels, the filter and/or the absorber shall be treated as components having the same importance as the exhaust system.                  2. PERMISSIBLE SOUND LEVELS      2.1. Noise of the motorcycle in motion        2.1.1. Limits  The sound level of the motorcycle, when measured under the conditions set out in 2.1.2 to 2.1.5 must not exceed the following limits:  >PIC FILE= "T0013544">                2.1.2. Measuring instruments          2.1.2.1. Acoustic measurements  The apparatus used for measuring the noise level must be a precision sound-level meter of the type described in Publication 179 "Precision sound-level meters", second edition, of the International Electrotechnical Commission (IEC). Measurements shall be carried out using the "fast" response and the "A" weighting curve also described in that publication.  At the beginning and end of each series of measurements the sound-level meter shall be calibrated according to the manufacturer's instructions with a suitable sound source (e.g. pistonphone).                   2.1.2.2. Speed measurements  Engine speed and motorcycle speed through the test area shall be determined to within ± 3 %.                                  2.1.3. Conditions of measurement          2.1.3.1. Condition of motorcycle  During the measurements the motorcycle must be in running order (including coolant, oils, fuels, tools, spare wheel and rider).  Before the measurements are made the motorcycle engine shall be brought to the normal operating temperature. If the motorcycle is fitted with fans with an automatic actuating mechanism, this system shall not be interfered with during the sound measurements. For motorcycles having more than one driven wheel, only the drive provided for normal road operation shall be used. Where a motorcycle is fitted with a side-car, this shall be removed for the purposes of the test.                   2.1.3.2. Test site  The test site must consist of a central acceleration section surrounded by a substantially flat test area. The acceleration section must be flat ; its surface must be dry and such that rolling noise remains low.  On the test site the variations in the free sound field between the sound source at the centre of the acceleration section and the microphone must not exceed ± 1 dB. This condition shall be deemed to be met if there are no large objects which reflect sound, such as fences, rocks, bridges or buildings, within 50 m of the centre of the acceleration section. The surface of the site must be made of hard material such as concrete, asphalt or any other acoustically equivalent material within a minimum radius of 10 m around the centre of the acceleration section and be free of powdery snow, tall grass, loose soil or cinders.  The microphone shall not be obstructed in any way which could affect the sound field, and no persons shall stand between the microphone and the sound source. The observer carrying out the measurements must so position himself as not to affect the readings of the measuring instrument.                   2.1.3.3. Miscellaneous  Measurements may not be taken in unfavourable meteorological conditions and in particular in gusting winds.   For measurements, the A-weighted sound level of sound sources other than those of the motorcycle to be tested or of wind effects must be at least 10 dB(A) below the sound level produced by the motorcycle. A suitable windscreen may be fitted to the microphone provided that account is taken of its effect on the sensitivity and directional characteristics of the microphone.                                  2.1.4. Method of measurement          2.1.4.1. Nature and number of measurements  The maximum sound level expressed in A-weighted decibels (dB) shall be measured as the motorcycle is driven between lines AA' and BB' (figure 1). The measurement shall be invalid if an abnormal discrepancy between the peak value and the general sound level is recorded.  At least two measurements shall be taken on either side of the motorcycle.                   2.1.4.2. Positioning of the microphone  The microphone shall be located 7 75 m from the line of reference CC' (figure 1) of the track, 1 72 m above the level of the track.                   2.1.4.3. Conditions of operation  The motorcycle shall approach line AA' at an initial steady speed as specified in 2.1.4.3.1 and 2.1.4.3.2. When the front end of the motorcycle reaches the line AA' the throttle shall be opened as quickly as is possible in practice to the fully opened position. This position shall be maintained until the rear end of the motorcycle reaches line BB' ; the throttle shall then be returned as quickly as possible to the idle position.  For all measurements the motorcycle shall be driven in a straight line over the acceleration section in such a way that the longitudinal median plane of the motorcycle is as close as possible to line CC'.            2.1.4.3.1. Use of the gearbox, if any  If the motorcycle is fitted with a non-automatic gearbox with not more than four ratios, the second gear shall be engaged.  If the motorcycle is fitted with a non-automatic gearbox with more than four ratios:              - the third gear shall be engaged for motorcycles with a cubic capacity of not more than 350 cm3,                           - the second gear shall be engaged for motorcycles with a cubic capacity exceeding 350 cm3.                             If the motorcycle is fitted with an automatic gearbox with a selector, the selector shall be in the position immediately below the position corresponding to the maximum speed of the motorcycle.                       2.1.4.3.2. Approach speed  The motorcycle shall approach line AA' at a steady speed              - of 50 km/h, the speed of rotation of the engine being between 50 and 75 % of the speed referred to in 2.4 of Annex II, or                           - of less than 50 km/h, the speed of rotation of the engine being equal to 75 % of the speed referred to in 2.4 of Annex II, or                           - of more than 50 km/h, the speed of rotation of the engine being equal to 50 % of the speed referred to in 2.4 of Annex II.                                                                                2.1.5. Results (test report)          2.1.5.1. The test report drawn up for the purpose of issuing the certificate referred to in Annex II shall indicate any circumstances and influences affecting the results of the measurements.                   2.1.5.2. Readings, rounded off to the nearest decibel, shall be taken from the measuring instrument.  Only those measurements whose variation in two consecutive tests on the same side of the motorcycle is less than or equal to 2 dB(A) may be used for the purpose of issuing the certificate referred to in Annex II.                   2.1.5.3. To take account of inaccuracies in the measurements, the result of each measurement shall be arrived at by deducting 1 dB(A) from the meter reading.                    2.1.5.4. If the four results of the measurements are less than or equal to the maximum permissible level for the category to which the motorcycle being tested belongs, the limit laid down in 2.1.1 shall be deemed as being complied with.  If one of the four results exceeds the maximum permissible level by not more than 1 dB(A), a second series of four measurements shall be taken. In this case the limit laid down in 2.1.1 shall only be deemed as being complied with if the four new results are less than or equal to the maximum permissible level.  In all other cases, the limit laid down in 2.1.1 shall be deemed as not being complied with.                                             2.2. Noise of the stationary motorcycle        2.2.1. Sound-pressure level in the immediate vicinity of the motorcycle  Moreover, in order to facilitate subsequent noise checks of motorcycles in use, the sound-pressure level shall be measured in the immediate vicinity of the exhaust-system outlet (silencer) in accordance with the following requirements, the result of the measurement being entered in the test report drawn up for the purpose of issuing the certificate referred to in Annex II.               2.2.2. Measuring instruments  A precision sound-level meter as defined in 2.1.2.1 shall be used.               2.2.3. Conditions of measurement          2.2.3.1. Condition of the motorcycle  Before the measurements are made the motorcycle engine shall be brought to the normal operating temperature. If the motorcycle is fitted with fans with an automatic actuating mechanism, this system shall not be interfered with during the noise measurements.  During the measurements the gearbox shall be in neutral gear. If it is impossible to disconnect the transmission, the driving wheel of the motorcycle must be allowed to rotate freely, for example by placing the vehicle on its centre stand.                   2.2.3.2. Test site (Figure 2)  Any area in which there are no significant acoustic disturbances may be used as at test site. Flat surfaces which are covered with concrete, asphalt or some other hard material and are highly reflective are especially suitable ; surfaces consisting of earth which has been tamped down must not be used. The test site shall be in the form of a rectangle whose sides are at least 3 m from the outer edge of the motorcycle (handlebars excluded). There must be no significant obstacles, e.g. persons other than the rider and the observer may not stand within this rectangle. The motorcycle shall be positioned within the said rectangle so that the microphone used for measurement is at least 1 m from any kerbstones.                   2.2.3.3. Miscellaneous  Readings of the measuring instrument caused by background noise and wind effects must be at least 10 dB(A) lower than the sound levels to be measured. A suitable windscreen may be fitted to the microphone provided that account is taken of its effect on the sensitivity of the microphone.                                  2.2.4. Method of measurement          2.2.4.1. Nature and number of measurements  The maximum sound level expressed in A-weighted decibels (dB(A)) shall be measured during the period of operation laid down in 2.2.4.3.  At least three measurements shall be taken at each measuring point.                   2.2.4.2. Positioning of the microphone (Figure 2)  The microphone shall be located level with the exhaust outlet or 0 72 m above the surface of the track, whichever is the highest. The microphone diaphragm must face towards the exhaust outlet and be located at a distance of 0 75 m from it. The axis of maximum sensitivity of the microphone must be parallel to the surface of the track at an angle of 45 ± 10º to the vertical plane of the direction of the exhaust emissions.  In relation to this vertical plane, the microphone shall be located on the side which gives the maximum possible distance between the microphone and the motorcycle contour (handlebars excluded).   If the exhaust system has more than one outlet with a centre-to-centre distance of less than or equal to 0 73 m, the microphone shall be faced towards the outlet which is nearest the motorcycle (handlebars excluded) or towards the outlet which is higher above the surface of the track. If the centres of the outlets are more than 0 73 m apart, separate measurements shall be taken for each of them, the highest figure recorded being taken as the test value.                   2.2.4.3. Operating conditions  The engine speed shall be held steady at one of the following values: >PIC FILE= "T0013545">   When constant engine speed is reached, the throttle shall be returned swiftly to the idle position. The sound level shall be measured during a period of operation consisting of a brief maintenance of constant engine speed and throughout the deceleration period, the maximum deflection of the needle being taken as the test value.                                  2.2.5. Results (test report)          2.2.5.1. The test report drawn up for the purpose of issuing the certificate referred to in Annex II shall indicate all relevant data and particularly those used in measuring the sound of the stationary motorcycle.                   2.2.5.2. Readings, rounded off to the nearest decibel, shall be taken from the measuring instrument.  Only those measurements the variations in which do not exceed 2 dB(A) in three consecutive tests shall be used.                   2.2.5.3. The highest of the three measurements shall constitute the test result.                                                    3. EXHAUST SYSTEM (SILENCER)      3.1. If the motorcycle is fitted with a device designed to reduce the exhaust noise (silencer), the requirements of section 3 shall apply. If the inlet of the engine is fitted with an air filter and/or an intake-noise absorber which is (are) necessary in order to ensure compliance with the permissible sound level, the filter and/or absorber shall be considered to be part of the silencer, and the requirements of section 3 shall also apply to them.           3.2. A diagram of the exhaust system shall be appended to the certificate referred to in Annex II.           3.3. The silencer must be marked with a clearly legible and indelible reference to its make and type.           3.4. The use of fibrous absorbent material shall be permitted in the construction of silencers only if the following conditions are met:        3.4.1. the fibrous absorbent material may not be placed in those parts of the silencer through which the gases pass;               3.4.2. suitable devices must ensure that the fibrous absorbent material is kept in place for the whole time that the silencer is being used;               3.4.3. the fibrous absorbent material must be resistant to a temperature at least 20 % higher than the operating temperature which may occur in the region of the silencer where these fibrous absorbent materials are situated.                             >PIC FILE= "T0013546">     >PIC FILE= "T0013547">