title: Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (Text with EEA relevance)

text:
               6.11.2007

               EN

               Official Journal of the European Union

               L 288/27

      DIRECTIVE 2007/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 23 October 2007
   on the assessment and management of flood risks
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Floods have the potential to cause fatalities, displacement of people and damage to the environment, to severely compromise economic development and to undermine the economic activities of the Community.

               (2)

               Floods are natural phenomena which cannot be prevented. However, some human activities (such as increasing human settlements and economic assets in floodplains and the reduction of the natural water retention by land use) and climate change contribute to an increase in the likelihood and adverse impacts of flood events.

               (3)

               It is feasible and desirable to reduce the risk of adverse consequences, especially for human health and life, the environment, cultural heritage, economic activity and infrastructure associated with floods. However, measures to reduce these risks should, as far as possible, be coordinated throughout a river basin if they are to be effective.

               (4)

               Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (3) requires river basin management plans to be developed for each river basin district in order to achieve good ecological and chemical status, and it will contribute to mitigating the effects of floods. However, reducing the risk of floods is not one of the principal objectives of that Directive, nor does it take into account the future changes in the risk of flooding as a result of climate change.

               (5)

               The Commission Communication of 12 July 2004 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘Flood risk management — Flood prevention, protection and mitigation’ sets out its analysis and approach to managing flood risks at Community level, and states that concerted and coordinated action at Community level would bring considerable added value and improve the overall level of flood protection.

               (6)

               Effective flood prevention and mitigation requires, in addition to coordination between Member States, cooperation with third countries. This is in line with Directive 2000/60/EC and international principles of flood risk management as developed notably under the United Nations Convention on the protection and use of transboundary water courses and international lakes, approved by Council Decision 95/308/EC (4), and any succeeding agreements on its application.

               (7)

               Council Decision 2001/792/EC, Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (5) mobilises support and assistance from Member States in the event of major emergencies, including floods. Civil protection can provide adequate response to affected populations and improve preparedness and resilience.

               (8)

               Under Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (6) it is possible to grant rapid financial assistance in the event of a major disaster to help the people, natural zones, regions and countries concerned to return to conditions that are as normal as possible. However the Fund may only intervene for emergency operations, and not for the phases preceding an emergency.

               (9)

               In developing policies referring to water and land uses Member States and the Community should consider the potential impacts that such policies might have on flood risks and the management of flood risks.

               (10)

               Throughout the Community different types of floods occur, such as river floods, flash floods, urban floods and floods from the sea in coastal areas. The damage caused by flood events may also vary across the countries and regions of the Community. Hence, objectives regarding the management of flood risks should be determined by the Member States themselves and should be based on local and regional circumstances.

               (11)

               Flood risks in certain areas within the Community could be considered not to be significant, for example in thinly populated or unpopulated areas or in areas with limited economic assets or ecological value. In each river basin district or unit of management the flood risks and need for further action — such as the evaluation of flood mitigation potential — should be assessed.

               (12)

               In order to have available an effective tool for information, as well as a valuable basis for priority setting and further technical, financial and political decisions regarding flood risk management, it is necessary to provide for the establishing of flood hazard maps and flood risk maps showing the potential adverse consequences associated with different flood scenarios, including information on potential sources of environmental pollution as a consequence of floods. In this context, Member States should assess activities that have the effect of increasing flood risks.

               (13)

               With a view to avoiding and reducing the adverse impacts of floods in the area concerned it is appropriate to provide for flood risk management plans. The causes and consequences of flood events vary across the countries and regions of the Community. Flood risk management plans should therefore take into account the particular characteristics of the areas they cover and provide for tailored solutions according to the needs and priorities of those areas, whilst ensuring relevant coordination within river basin districts and promoting the achievement of environmental objectives laid down in Community legislation. In particular, Member States should refrain from taking measures or engaging in actions which significantly increase the risk of flooding in other Member States, unless these measures have been coordinated and an agreed solution has been found among the Member States concerned.

               (14)

               Flood risk management plans should focus on prevention, protection and preparedness. With a view to giving rivers more space, they should consider where possible the maintenance and/or restoration of floodplains, as well as measures to prevent and reduce damage to human health, the environment, cultural heritage and economic activity. The elements of flood risk management plans should be periodically reviewed and if necessary updated, taking into account the likely impacts of climate change on the occurrence of floods.

               (15)

               The solidarity principle is very important in the context of flood risk management. In the light of it Member States should be encouraged to seek a fair sharing of responsibilities, when measures are jointly decided for the common benefit, as regards flood risk management along water courses.

               (16)

               To prevent duplication of work, Member States should be entitled to use existing preliminary flood risk assessments, flood hazard and risk maps and flood risk management plans for the purposes of achieving the objectives and satisfying the requirements of this Directive.

               (17)

               Development of river basin management plans under Directive 2000/60/EC and of flood risk management plans under this Directive are elements of integrated river basin management. The two processes should therefore use the mutual potential for common synergies and benefits, having regard to the environmental objectives of Directive 2000/60/EC, ensuring efficiency and wise use of resources while recognising that the competent authorities and management units might be different under this Directive and Directive 2000/60/EC.

               (18)

               Member States should base their assessments, maps and plans on appropriate ‘best practice’ and ‘best available technologies’ not entailing excessive costs in the field of flood risk management.

               (19)

               In cases of multi-purpose use of bodies of water for different forms of sustainable human activities (e.g. flood risk management, ecology, inland navigation or hydropower) and the impacts of such use on the bodies of water, Directive 2000/60/EC provides for a clear and transparent process for addressing such uses and impacts, including possible exemptions from the objectives of ‘good status’ or of ‘non-deterioration’ in Article 4 thereof. Directive 2000/60/EC provides for cost recovery in Article 9.

               (20)

               The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7).

               (21)

               In particular, the Commission should be empowered to adapt the Annex to scientific and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (22)

               This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, it seeks to promote the integration into Community policies of a high level of environmental protection in accordance with the principle of sustainable development as laid down in Article 37 of the Charter of Fundamental Rights of the European Union.

               (23)

               Since the objective of this Directive, namely the establishment of a framework for measures to reduce the risks of flood damage, cannot be sufficiently achieved by the Member States and can by reason of scale and effects of actions be better achieved at 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.

               (24)

               In accordance with the principles of proportionality and subsidiarity and the Protocol on the application of the principles of subsidiarity and proportionality attached to the Treaty, and in view of existing capabilities of Member States, considerable flexibility should be left to the local and regional levels, in particular as regards organisation and responsibility of authorities.

               (25)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (8), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public,

         HAVE ADOPTED THIS DIRECTIVE:
   CHAPTER I
   GENERAL PROVISIONS
   Article 1
   The purpose of this Directive is to establish a framework for the assessment and management of flood risks, aiming at the reduction of the adverse consequences for human health, the environment, cultural heritage and economic activity associated with floods in the Community.
   Article 2
   For the purpose of this Directive, in addition to the definitions of ‘river’, ‘river basin’, ‘sub-basin’ and ‘river basin district’ as set out in Article 2 of Directive 2000/60/EC, the following definitions shall apply:

               1.

               ‘flood’ means the temporary covering by water of land not normally covered by water. This shall include floods from rivers, mountain torrents, Mediterranean ephemeral water courses, and floods from the sea in coastal areas, and may exclude floods from sewerage systems;

               2.

               ‘flood risk’ means the combination of the probability of a flood event and of the potential adverse consequences for human health, the environment, cultural heritage and economic activity associated with a flood event.

         Article 3
   1.   For the purposes of this Directive Member States shall make use of the arrangements made under Article 3(1), (2), (3), (5) and (6) of Directive 2000/60/EC.
   2.   However, for the implementation of this Directive, Member States may:

               (a)

               appoint competent authorities different from those identified pursuant to Article 3(2) of Directive 2000/60/EC;

               (b)

               identify certain coastal areas or individual river basins and assign them to a unit of management different from those assigned pursuant to Article 3(1) of Directive 2000/60/EC.

         In these cases, Member States shall, by 26 May 2010, communicate to the Commission the information referred to in Annex I to Directive 2000/60/EC. For this purpose, any reference to competent authorities and river basin districts shall be taken as references to the competent authorities and unit of management referred to in this Article. Member States shall inform the Commission of any changes in the information provided pursuant to this paragraph within three months of the change coming into effect.
   CHAPTER II
   PRELIMINARY FLOOD RISK ASSESSMENT
   Article 4
   1.   Member States shall, for each river basin district, or unit of management referred to in Article 3(2)(b), or the portion of an international river basin district lying within their territory, undertake a preliminary flood risk assessment in accordance with paragraph 2 of this Article.
   2.   Based on available or readily derivable information, such as records and studies on long term developments, in particular impacts of climate change on the occurrence of floods, a preliminary flood risk assessment shall be undertaken to provide an assessment of potential risks. The assessment shall include at least the following:

               (a)

               maps of the river basin district at the appropriate scale including the borders of the river basins, sub-basins and, where existing, coastal areas, showing topography and land use;

               (b)

               a description of the floods which have occurred in the past and which had significant adverse impacts on human health, the environment, cultural heritage and economic activity and for which the likelihood of similar future events is still relevant, including their flood extent and conveyance routes and an assessment of the adverse impacts they have entailed;

               (c)

               a description of the significant floods which have occurred in the past, where significant adverse consequences of similar future events might be envisaged;
               and, depending on the specific needs of Member States, it shall include:

               (d)

               an assessment of the potential adverse consequences of future floods for human health, the environment, cultural heritage and economic activity, taking into account as far as possible issues such as the topography, the position of watercourses and their general hydrological and geo-morphological characteristics, including floodplains as natural retention areas, the effectiveness of existing man-made flood defence infrastructures, the position of populated areas, areas of economic activity and long-term developments including impacts of climate change on the occurrence of floods.

         3.   In the case of international river basin districts, or units of management referred to in Article 3(2)(b) which are shared with other Member States, Member States shall ensure that exchange of relevant information takes place between the competent authorities concerned.
   4.   Member States shall complete the preliminary flood risk assessment by 22 December 2011.
   Article 5
   1.   On the basis of a preliminary flood risk assessment as referred to in Article 4, Member States shall, for each river basin district, or unit of management referred to in Article 3(2)(b), or portion of an international river basin district lying within their territory, identify those areas for which they conclude that potential significant flood risks exist or might be considered likely to occur.
   2.   The identification under paragraph 1 of areas belonging to an international river basin district, or to a unit of management referred to in Article 3(2)(b) shared with another Member State, shall be coordinated between the Member States concerned.
   CHAPTER III
   FLOOD HAZARD MAPS AND FLOOD RISK MAPS
   Article 6
   1.   Member States shall, at the level of the river basin district, or unit of management referred to in Article 3(2)(b), prepare flood hazard maps and flood risk maps, at the most appropriate scale for the areas identified under Article 5(1).
   2.   The preparation of flood hazard maps and flood risk maps for areas identified under Article 5 which are shared with other Member States shall be subject to prior exchange of information between the Member States concerned.
   3.   Flood hazard maps shall cover the geographical areas which could be flooded according to the following scenarios:

               (a)

               floods with a low probability, or extreme event scenarios;

               (b)

               floods with a medium probability (likely return period ≥ 100 years);

               (c)

               floods with a high probability, where appropriate.

         4.   For each scenario referred to in paragraph 3 the following elements shall be shown:

               (a)

               the flood extent;

               (b)

               water depths or water level, as appropriate;

               (c)

               where appropriate, the flow velocity or the relevant water flow.

         5.   Flood risk maps shall show the potential adverse consequences associated with flood scenarios referred to in paragraph 3 and expressed in terms of the following:

               (a)

               the indicative number of inhabitants potentially affected;

               (b)

               type of economic activity of the area potentially affected;

               (c)

               installations as referred to in Annex I to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (9) which might cause accidental pollution in case of flooding and potentially affected protected areas identified in Annex IV(1)(i), (iii) and (v) to Directive 2000/60/EC;

               (d)

               other information which the Member State considers useful such as the indication of areas where floods with a high content of transported sediments and debris floods can occur and information on other significant sources of pollution.

         6.   Member States may decide that, for coastal areas where an adequate level of protection is in place, the preparation of flood hazard maps shall be limited to the scenario referred to in paragraph 3(a).
   7.   Member States may decide that, for areas where flooding is from groundwater sources, the preparation of flood hazard maps shall be limited to the scenario referred to in paragraph 3(a).
   8.   Member States shall ensure that the flood hazard maps and flood risk maps are completed by 22 December 2013.
   CHAPTER IV
   FLOOD RISK MANAGEMENT PLANS
   Article 7
   1.   On the basis of the maps referred to in Article 6, Member States shall establish flood risk management plans coordinated at the level of the river basin district, or unit of management referred to in Article 3(2)(b), for the areas identified under Article 5(1) and the areas covered by Article 13(1)(b) in accordance with paragraphs 2 and 3 of this Article.
   2.   Member States shall establish appropriate objectives for the management of flood risks for the areas identified under Article 5(1) and the areas covered by Article 13(1)(b), focusing on the reduction of potential adverse consequences of flooding for human health, the environment, cultural heritage and economic activity, and, if considered appropriate, on non-structural initiatives and/or on the reduction of the likelihood of flooding.
   3.   Flood risk management plans shall include measures for achieving the objectives established in accordance with paragraph 2 and shall include the components set out in Part A of the Annex.
   Flood risk management plans shall take into account relevant aspects such as costs and benefits, flood extent and flood conveyance routes and areas which have the potential to retain flood water, such as natural floodplains, the environmental objectives of Article 4 of Directive 2000/60/EC, soil and water management, spatial planning, land use, nature conservation, navigation and port infrastructure.
   Flood risk management plans shall address all aspects of flood risk management focusing on prevention, protection, preparedness, including flood forecasts and early warning systems and taking into account the characteristics of the particular river basin or sub-basin. Flood risk management plans may also include the promotion of sustainable land use practices, improvement of water retention as well as the controlled flooding of certain areas in the case of a flood event.
   4.   In the interests of solidarity, flood risk management plans established in one Member State shall not include measures which, by their extent and impact, significantly increase flood risks upstream or downstream of other countries in the same river basin or sub-basin, unless these measures have been coordinated and an agreed solution has been found among the Member States concerned in the framework of Article 8.
   5.   Member States shall ensure that flood risk management plans are completed and published by 22 December 2015.
   Article 8
   1.   For river basin districts, or units of management referred to in Article 3(2)(b), which fall entirely within their territory, Member States shall ensure that one single flood risk management plan, or a set of flood risk management plans coordinated at the level of the river basin district, is produced.
   2.   Where an international river basin district, or unit of management referred to in Article 3(2)(b), falls entirely within the Community, Member States shall ensure coordination with the aim of producing one single international flood risk management plan, or a set of flood risk management plans coordinated at the level of the international river basin district. Where such plans are not produced, Member States shall produce flood risk management plans covering at least the parts of the international river basin district falling within their territory, as far as possible coordinated at the level of the international river basin district.
   3.   Where an international river basin district, or unit of management referred to in Article 3(2)(b), extends beyond the boundaries of the Community, Member States shall endeavour to produce one single international flood risk management plan or a set of flood risk management plans coordinated at the level of the international river basin district; where this is not possible, paragraph 2 shall apply for the parts of the international river basin falling within their territory.
   4.   The flood risk management plans referred to in paragraphs 2 and 3 shall be supplemented, where considered appropriate by countries sharing a sub-basin, by more detailed flood risk management plans coordinated at the level of the international sub-basins.
   5.   Where a Member State identifies an issue which has an impact on the management of flood risks of its water and that issue cannot be resolved by that Member State, it may report the issue to the Commission and any other Member State concerned and may make recommendations as to how the issue should be resolved.
   The Commission shall respond to any report or recommendations from Member States within a period of six months.
   CHAPTER V
   COORDINATION WITH DIRECTIVE 2000/60/EC, PUBLIC INFORMATION AND CONSULTATION
   Article 9
   Member States shall take appropriate steps to coordinate the application of this Directive and that of Directive 2000/60/EC focusing on opportunities for improving efficiency, information exchange and for achieving common synergies and benefits having regard to the environmental objectives laid down in Article 4 of Directive 2000/60/EC. In particular:

               1.

               the development of the first flood hazard maps and flood risk maps and their subsequent reviews as referred to in Articles 6 and 14 of this Directive shall be carried out in such a way that the information they contain is consistent with relevant information presented according to Directive 2000/60/EC. They shall be coordinated with, and may be integrated into, the reviews provided for in Article 5(2) of Directive 2000/60/EC;

               2.

               the development of the first flood risk management plans and their subsequent reviews as referred to in Articles 7 and 14 of this Directive shall be carried out in coordination with, and may be integrated into, the reviews of the river basin management plans provided for in Article 13(7) of Directive 2000/60/EC;

               3.

               the active involvement of all interested parties under Article 10 of this Directive shall be coordinated, as appropriate, with the active involvement of interested parties under Article 14 of Directive 2000/60/EC.

         Article 10
   1.   In accordance with applicable Community legislation, Member States shall make available to the public the preliminary flood risk assessment, the flood hazard maps, the flood risk maps and the flood risk management plans.
   2.   Member States shall encourage active involvement of interested parties in the production, review and updating of the flood risk management plans referred to in Chapter IV.
   CHAPTER VI
   IMPLEMENTING MEASURES AND AMENDMENTS
   Article 11
   1.   The Commission may, in accordance with the regulatory procedure referred to in Article 12(2), adopt technical formats for the purpose of processing and transmission of data, including statistical and cartographic data, to the Commission. The technical formats should be adopted at least two years before the dates indicated respectively in Articles 4(4), 6(8) and 7(5), taking into account existing standards as well as formats developed under relevant Community acts.
   2.   The Commission may, taking into account the periods for review and updating, adapt the Annex to scientific and technical progress.
   These measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).
   Article 12
   1.   The Commission shall be assisted by the committee established under Article 21 of Directive 2000/60/EC.
   2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
   3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   CHAPTER VII
   TRANSITIONAL MEASURES
   Article 13
   1.   Member States may decide not to undertake the preliminary flood risk assessment referred to in Article 4 for those river basins, sub-basins or coastal areas where they have either:

               (a)

               already undertaken a risk assessment to conclude, before 22 December 2010, that a potential significant flood risk exists or might be considered likely to occur leading to the identification of the area among those referred to in Article 5(1) or

               (b)

               decided, before 22 December 2010, to prepare flood hazard maps and flood risk maps and to establish flood risk management plans in accordance with the relevant provisions of this Directive.

         2.   Member States may decide to make use of flood hazard maps and flood risk maps finalised before 22 December 2010, if such maps provide a level of information equivalent to the requirements of Article 6.
   3.   Member States may decide to make use of flood risk management plans finalised before 22 December 2010, provided the content of these plans is equivalent to the requirements set out in Article 7.
   4.   Paragraphs 1, 2 and 3 shall apply without prejudice to Article 14.
   CHAPTER VIII
   REVIEWS, REPORTS AND FINAL PROVISIONS
   Article 14
   1.   The preliminary flood risk assessment, or the assessment and decisions referred to in Article 13(1), shall be reviewed, and if necessary updated, by 22 December 2018 and every six years thereafter.
   2.   The flood hazard maps and the flood risk maps shall be reviewed, and if necessary updated, by 22 December 2019 and every six years thereafter.
   3.   The flood risk management plan(s) shall be reviewed, and if necessary updated, including the components set out in part B of the Annex, by 22 December 2021 and every six years thereafter.
   4.   The likely impact of climate change on the occurrence of floods shall be taken into account in the reviews referred to in paragraphs 1 and 3.
   Article 15
   1.   Member States shall make available the preliminary flood risk assessment, the flood hazard maps, the flood risk maps and flood risk management plans referred to in Articles 4, 6 and 7, as well as their review and, where applicable, their updates to the Commission within three months after the dates indicated respectively in Articles 4(4), 6(8), 7(5) and 14.
   2.   Member States shall inform the Commission of the decisions taken in accordance with Article 13(1), (2) and (3) and make available the relevant information thereon by the dates indicated respectively in Articles 4(4), 6(8) and 7(5).
   Article 16
   The Commission shall, by 22 December 2018, and every six years thereafter, submit to the European Parliament and to the Council a report on the implementation of this Directive. The impact of climate change shall be taken into account in drawing up this report.
   Article 17
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 26 November 2009. They shall forthwith inform the Commission thereof.
   When they are adopted by Member States, these measures shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 18
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 19
   This Directive is addressed to the Member States.

      Done at Strasbourg, 23 October 2007.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         M. LOBO ANTUNES

      (1)  OJ C 195, 18.8.2006, p. 37.

      (2)  Opinion of the European Parliament of 13 June 2006 (OJ C 300 E, 9.12.2006, p. 123). Council Common Position of 23 November 2006 (OJ C 311 E, 19.12.2006, p. 10) and Position of the European Parliament of 25 April 2007. Council Decision of 18 September 2007.

      (3)  OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

      (4)  OJ L 186, 5.8.1995, p. 42.

      (5)  OJ L 297, 15.11.2001, p. 7.

      (6)  OJ L 311, 14.11.2002, p. 3.

      (7)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (8)  OJ C 321, 31.12.2003, p. 1.

      (9)  OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1).

      ANNEX
      A.   Flood risk management plans

                  I.

                  Components of the first flood risk management plans:

                              1.

                              the conclusions of the preliminary flood risk assessment as required in Chapter II in the form of a summary map of the river basin district, or the unit of management referred to in Article 3(2)(b), delineating the areas identified under Article 5(1) which are the subject of this flood risk management plan;

                              2.

                              flood hazard maps and flood risk maps as prepared under Chapter III, or already in place in accordance with Article 13, and the conclusions that can be drawn from those maps;

                              3.

                              a description of the appropriate objectives of flood risk management, established in accordance with Article 7(2);

                              4.

                              a summary of the measures and their prioritisation aiming to achieve the appropriate objectives of flood risk management, including the measures taken in accordance with Article 7, and flood related measures taken under other Community acts, including Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (1) and 96/82/EC of 9 December 1996 on the control of major accident hazards involving dangerous substances (2), Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (3) and Directive 2000/60/EC;

                              5.

                              when available, for shared river basins or sub-basins, a description of the methodology, defined by the Member States concerned, of cost-benefit analysis used to assess measures with transnational effects.

                  II.

                  Description of the implementation of the plan:

                              1.

                              a description of the prioritisation and the way in which progress in implementing the plan will be monitored;

                              2.

                              a summary of the public information and consultation measures/actions taken;

                              3.

                              a list of competent authorities and, as appropriate, a description of the coordination process within any international river basin district and of the coordination process with Directive 2000/60/EC.

            B.   Components of the subsequent update of flood risk management plans:

                  1.

                  any changes or updates since the publication of the previous version of the flood risk management plan, including a summary of the reviews carried out in compliance with Article 14;

                  2.

                  an assessment of the progress made towards the achievement of the objectives referred to in Article 7(2);

                  3.

                  a description of, and an explanation for, any measures foreseen in the earlier version of the flood risk management plan which were planned to be undertaken and have not been taken forward;

                  4.

                  a description of any additional measures since the publication of the previous version of the flood risk management plan.

         (1)  OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17).

         (2)  OJ L 10, 14.1.1997, p. 13. Directive as last amended by Directive 2003/105/EC of the European Parliament and of the Council (OJ L 345, 31.12.2003, p. 97).

         (3)  OJ L 197, 21.7.2001, p. 30.


Avis juridique important

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31992L0109

Council Directive 92/109/EEC of 14 December 1992 on the manufacture and the placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances

Official Journal L 370 , 19/12/1992 P. 0076 - 0082 Finnish special edition: Chapter 15 Volume 12 P. 0007  Swedish special edition: Chapter 15 Volume 12 P. 0007

COUNCIL DIRECTIVE 92/109/EEC  of 14 December 1992  on the manufacture and the placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substancesTHE 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 some Member States have adopted measures to monitor the manufacture and the placing on the market of certain substances frequently used in the illicit manufacture of narcotic drugs and psychotropic substances; whereas other Member States are about to adopt measures of this kind; whereas it is therefore necessary to establish commun rules at Community level in anticipation of the completed internal market in order to avoid distortion of competition in lawful trading and to ensure uniform application of the rules adopted;Whereas on 19 December 1988 a Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, hereinafter referred to as the 'United Nations Convention`, was adopted in Vienna; whereas the United Nations Convention is part of the world-wide efforts to combat drugs; whereas the Community participated in the negotiation of that Convention, showing its political will to act within the limits of its competences;Whereas the requirements of Article 12 of the United Nations Convention, in respect of trade in precursors, (i.e. substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances, are implemented as far as trade between the Community and third countries is concerned by Council Regulation (EEC) No 3677/90 of 13 December 1990 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances (4);Whereas Article 12 of the United Nations Convention envisages adoption of appropriate measures to monitor manufacture and distribution of precursors; whereas, by decisions taken at its 35th session, the United Nations Commission on Narcotic Drugs included additional substances in the tables of the Annex to the Convention; whereas corresponding provisions should be laid down in this Directive in order to detect possible cases of illicit diversion of drugs in the Community or to counter fraudulent imports into the Community and to ensure that common monitoring rules are applied in the Community market;Whereas the provisions of Article 12 of the United Nations Convention are based on a system of monitoring trade in the substances in question; whereas most trade in these substances is fully licit; whereas the documentation and labelling of consignments of these substances must be sufficiently explicit; whereas it is furthermore important, whilst providing competent authorities with the necessary means of action, to develop within the spirit of the United Nations Convention mechanisms based on close cooperation with the operators concerned and on the development of intelligence gathering, exchange and exploitation;Whereas, since diversion patterns are constantly changing, it is considered at international level that the procedures provided for in Article 12 of the United Nationsl Convention should be strenghtened to combat effectively the diversion of the substances concerned;Whereas the Commission and seven Member States participated in the work of the Chemical Action Task Force established by the G7 Economic Summit in Houston on 10 July 1990 to develop effective procedures to prevent diversion of precursor and essential chemicals to illicit drugs manufacture; whereas throughout this work there has been coordination at Community level and close consultation with representatives of trade and industry;Whereas the Final Report of the Chemical Action Task Force was approved by the G7 Economic Summit in London on 15 July 1991;Whereas this Final Report, in recognizing the United Nations Convention as the basic instrument of internation cooperation in chemical diversion matters, contains a number of recommendations for reinforcing national and international measures on the basis of that Convention;Whereas it must be ensured that the manufacture or use of the scheduled substances in category 1 of Annex I to this Directive is subject to possession of a licence; whereas the supply of such substances must in addition be authorized only where the persons to whom they are to be supplied are specifically authorized, either generally or individually, to be supplied with, possess or handle such substances;Whereas measures should be adopted to establish close cooperation with the operators concerned so that the latter notify suspicious transactions to the competent authorities;Whereas it is important to establish machinery for administrative cooperation; whereas it is desirable in this connection that the competent authorities in the Community base their actions on Council Regulation (EEC) No 1468/81 of 19 May 1981 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (5); whereas particular attention must be paid to the confidentiality of the information received and exchanged;Whereas each Member State should introduce penalties sufficiently dissuasive to forestall infringements of the provisions adopted in implementation of this Directive,HAS ADOPTED THIS DIRECTIVE: TITLE I  General Article 1 1. The purpose of this Directive is to establish intra-Community monitoring of certain substances frequently used for the illicit manufacture of narcotic drugs and psychotropic substances with a view to preventing the diversion of such substances.2. For the purposes of this Directive:(a) 'scheduled substance` means any substance specified in Annex I, including mixtures containing such substances. This excludes medicinal products or other preparations containing scheduled substances that are compounded in such a way that such substances cannot be easily used or recovered by readily applicable means;(b) 'placing on the market` means any supply against payment or free of charge to third parties of scheduled substances manufactured in the Community or put into free circulation in the Community;(c) 'operator` means any natural or legal person engaged in the manufacture, processing, trade or distribution of scheduled substances in the Community or involved in other related activities such as the brokering and storage of scheduled substances;(d) 'International Narcotics Control Board` means the Board established by the Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol. TITLE II  MONITORING OF PLACING ON THE MARKET Article 2  Documentation and labelling Each Member State shall take all the measures necessary to ensure that the placing on the market of scheduled substances is subject to the following requirements:1. all transactions leading to the placing on the market of scheduled substances in categories 1 and 2 of Annex I shall be properly documented;(a) in particular, commercial documents such as invoices, cargo manifests, administrative documents, transport and other shipping documents shall certain sufficient information positively to identify:- the name of the scheduled substance as given in categories 1 and 2 of Annex I,- the quantity and weight of the scheduled substance and, where it consists of a mixture, the quantity and weight of the mixture as well as the quantity and weight or the percentage of any substance or substances specified in categories 1 and 2 of Annex I which are contained in the mixture,- the name and address of the supplier, distributor and of the consignee;(b) the documentation must furthermore contain a declaration from the customer which shows the specific uses of the substances. The detailed rules for implementing this provision will be determined in accordance with the procedure laid down in Article 10 (2). When these detailed rules are examined, due account shall be taken of the possibility for a regular customer obtaining from a supplier a scheduled substance specified in category 2 of Annex I to provide a single declaration covering all transactions involving that substance over a period of one year;2. however, the obligations under paragraph 1 shall not apply to transactions concerning scheduled substances in category 2 of Annex I where the quantities involved do not exceed those indicated in Annex II;3. operators shall ensure that labels are affixed to scheduled substances in categories 1 and 2 of Annex I before they are placed on the market. Such labels must show the names of the substances as given in Annex I. Operators may in addition affix their customary labels;4. operators shall keep such detailed records of their activities as are required to comply with their obligations under paragraph 1;5. the documentation referred to in paragraphs 1 and 4 shall be kept for a period of not less than three years from the end of the calendar year in which the operation referred to in paragraph 1 took place, and must be readily available for inspection by the competent authorities upon request. Article 3 Each Member State shall designate the competent authority or authorities responsible for ensuring the application of this Directive.It shall inform the Commission of the competent authority or authorities thus designated. Article 4 Scheduled substances in Categories 1 and 2 of Annex I 1. Member States shall take all appropriate measures to ensure that the manufacture or placing on the market in the Community of scheduled substances in category 1 of Annex I is subject to possession of a licence issued by the competent authorities.2. In considering whether to grant a licence, the competent authorities shall take into account in particular the competence and integrity of the applicant.The licence may be suspended or revoked by the competent authorities whenever there are reasonable grounds for belief that the holder is no longer a fit and proper person to hold a licence, or that the conditions under which the licence was issued are no longer fulfilled.3. Member States shall take all appropriate measures to ensure that any operator holding the licence referred to in paragraph 1 shall supply scheduled substances specified in category 1 of Annex I only to persons specifically authorized, either generally or individually, to be supplied with, possess or handle such substances.4. Operators engaged in the manufacture or placing on the market of scheduled substances in category 2 of Annex I shall be required to register and update with the competent authorities the addresses of the premises from which they manufacture or trade in these substances. Article 5  Cooperation Member States shall take the necessary measures to establish close cooperation between the competent authorities and operators, so that operators:- notify the competent authorities immediately of any circumstances, such as unusual orders or transactions involving scheduled substances, which suggest that such substances to be placed on the market or manufactured, as the case may be, may be diverted for the illicit manufacture of narcotic drugs or psychotropic substances,- provide the competent authorities in summary form with such information about their transactions involving scheduled substances as the competent authorities may require. TITLE III CONTROL MEASURES Article 6  Powers of competent authorities 1. In order to ensure the correct application of Articles 2 and 4, each Member State shall adopt, within the framework of its national law, the measures necessary to enable the competent authorities:(a) to obtain information on any orders for scheduled substances or operations involving scheduled substances;(b) to enter operators' business premises in order to obtain evidence of irregularities. TITLE IV  ADMINISTRATIVE COOPERATION Article 7 For the purposes of applying this Directive and without prejudice to Article 10, the provisions of Regulation (EEC) No 1468/81 and in particular those on confidentiality shall apply mutatis mutandis. Each Member State shall communicate to the other Member States and to the Commission the names of the competent authorities appointed to act as correspondents in accordance with Article 2 (2) of that Regulation. TITLE V  FINAL PROVISIONS Article 8 Each Member State shall determine the penalties to be applied for infringement of the provisions adopted in implementation of this Directive. The penalties shall be sufficient to promote compliance with those provisions. Article 9 1. To permit any necessary adjustments to the arrangements for monitoring scheduled substances, the competent authorities in each Member State shall each year communicate to the Commission all relevant information on the implementation of the monitoring measures laid down in this Directive, in particular as regards substances used for the illicit manufacture of narcotic drugs or psychotropic substances and methods of diversion and illicit manufacture.2. On the basis of the communications made pursuant to paragraph 1, the Commission shall, in accordance with Article 12 (12) of the United Nations Convention and in consultation with the Member States, draw up an annual report to be submitted to the International Narcotics Control Board. Article 10 1. The Commission shall be assisted by the Committee set up pursuant to Article 10 of Regulation (EEC) No 3677/90. The Committee shall examine any matter concerning the application of this Directive raised by its chairman either on his own initiative or at the request of a representative of a Member State.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission shall defer application of the measures which it has decided for three months from the date of communication.The Council, acting by a qualified majority, may take a different decision within the period referred to in the previous subparagraph.3. The procedure laid down in paragraph 2 shall be followed in particular for:(a) the determination, where appropriate, of the conditions relating to the documentation and labelling of mixtures and preparations of substances in category 2 of Annex I as provided for in Article 2;(b) the amendment of the Annexes to this Directive, in cases where the tables of the Annex to the United Nations Convention are amended;(c) the amendment of the thresholds specified in Annex II. Article 11 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 7 and 10 before 1 January 1993 and with the other Articles before 1 July 1993. 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 a reference shall be determined by the Member States.2. Member States shall communicate to the Commission the main provisions of national law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof. Article 12 This Directive is addressed to the Member States. Done at Brussels, 14 December 1992. For the Council The President N. LAMONT  (1) OJ No C 21, 29. 1. 1991, p. 17. (2) OJ 25, 13. 5. 1992, p. 195; and Decision of 18 November 1992 (not yet published in the Official Journal). (3) OJ No C 159, 17. 6. 1991, p. 58. (4) OJ 57, 20. 12. 1990, p. 1. Regulation as last amended by Regulation (EEC) No 900/92 (OJ No L 96, 10. 4. 1992, p. 1). (5) OJ 44, 2. 6. 1981, p. 1. Regulation as amended by Regulation (EEC) No 945/87 (OJ No L 90, 2. 4. 1987, p. 3). ANNEX I CATEGORY 1 >TABLE>The salts of the substances listed in this category whenever the existence of such salts is possible. CATEGORY 2 >TABLE>The salts of the substances listed in this category whenever the existence of such salts is possible. CATEGORY 3 >TABLE>(*) The salts of the substances listed in this category whenever the existence of such salts is possible.   ANNEX II >TABLE>


Avis juridique important

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31976L0765

Council Directive 76/765/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to alcoholometers and alcohol hydrometers

Official Journal L 262 , 27/09/1976 P. 0143 - 0148 Finnish special edition: Chapter 13 Volume 5 P. 0172  Greek special edition: Chapter 13 Volume 4 P. 0117  Swedish special edition: Chapter 13 Volume 5 P. 0172  Spanish special edition: Chapter 13 Volume 5 P. 0182  Portuguese special edition Chapter 13 Volume 5 P. 0182

COUNCIL DIRECTIVE  of 27 July 1976  on the approximation of the laws of the Member States relating to alcoholometers and alcohol hydrometers  (76/765/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 in the Member States the definition, design and procedures for the approval and testing of alcoholometers and alcohol hydrometers are the subject of mandatory provisions which differ from one Member State to another and consequently hinder the movement of and trade in these instruments within the Community ; whereas it is therefore necessary to approximate these provisions;  Whereas harmonization of the laws, regulations and administrative provisions relating to these instruments is essential also as a complement to existing provisions relating to the method of determining alcoholic strength from the results of measurements taken, in order to remove all risk of ambiguity or dispute over the results of such measurements;  Whereas Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (3) laid down the EEC pattern approval and EEC initial verification procedures ; whereas in accordance with that Directive it is necessary to lay down the technical requirements which the design and functioning of alcoholometers and alcohol hydrometers must satisfy in order to be freely imported, marketed and used after having undergone the requisite inspections and having been provided with the required marks and signs;  Whereas, in its resolution of 17 December 1973 (4) on industrial policy, the Council invited the Commission to forward to it before 1 December 1974 a proposal for a Directive on alcoholometry and alcoholometers,  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive defines the characteristics of alcoholometers and alcohol hydrometers used to determine the alcoholic strength of mixtures of water and ethanol.   Article 2 Those alcoholometers and alcohol hydrometers which may bear EEC marks and signs are described in the Annex.  Such instruments shall be subject to EEC pattern approval and shall be submitted for EEC initial verification.   Article 3 No Member State may refuse, prohibit or restrict the placing on the market or the use of any alcoholometer or alcohol hydrometer bearing the EEC pattern approval sign or EEC verification mark on the grounds of their metrological properties.   Article 4 1. Member States shall adopt and publish within a period of 24 months from the date of notification of  (1)OJ No C 76, 7.4.1975, p. 39. (2)OJ No C 248, 29.10.1975, p. 22. (3)OJ No L 202, 6.9.1971, p. 1. (4)OJ No C 117, 31.12.1973, p. 1.   this Directive the measures necessary to conform with this Directive and shall forthwith inform the Commission thereof.  They shall apply these measures from 1 January 1980 at the latest.  2. Member States shall inform the Commission of the texts of the main provisions of national law which they adopt in the field covered by this Directive.   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 27 July 1976.  For the Council  The President  M. van der STOEL     ANNEX ALCOHOLOMETERS AND ALCOHOL HYDROMETERS    1. DEFINITION OF THE INSTRUMENTS      1.1. Alcoholometers are glass instruments which indicate:        - the alcoholic strength by mass, or               - the alcoholic strength by volume,                 of a mixture of water and ethanol.  They are described as either mass alcoholometers or volume alcoholometers, depending upon what is measured.  Alcohol hydrometers are glass instruments designed to measure the density of a mixture of water and ethanol.           1.2. The instruments defined in this Directive are graduated at a reference temperature of 20 ºC, in accordance with the values appearing in the international alcohol tables published by the International Organization of Legal Metrology.           1.3. They are graduated for readings made at the free horizontal surface of the liquid.                  2. DESCRIPTION OF THE INSTRUMENTS      2.1. Alcoholometers and alcohol hydrometers are glass instruments, consisting of:        - a cylindrical body, the bottom of which is cone-shaped or hemispherical so that it does not entrap air bubbles,               - a hollow cylindrical stem fused to the upper part of the body ; its upper end is closed.                          2.2. The entire external surface of each instrument must be symmetrical about its main axis.  The cross-section must not exhibit any abrupt alteration.           2.3. The lower part of the body must contain the loading material, the purpose of which is to adjust the mass of the instrument.           2.4. The stem must carry a scale marked on a cylindrical support rigidly fixed to the inside of the stem.                  3. PRINCIPLES OF CONSTRUCTION      3.1. The glass used for making the instruments shall be transparent and free from any defect liable to interfere with the reading of scale measurements.  The glass shall have a coefficient of cubic expansion of (25 ± 2) 10-6 ºC-1.           3.2. The loading material shall be fixed in the bottom of the instrument. After the finished instrument has been kept in a horizontal position for one hour at 80 ºC and subsequently cooled in that position, it shall float with its axis vertical to within 1 degree 30 minutes.                  4. SCALE      4.1. No instrument shall have more than one scale of the type referred to in 4.5 or 4.6.           4.2. The scale and the inscriptions shall be marked on a support having a smooth matt surface.  This support shall be held rigidly in place in the stem and reference marks shall be provided so that any displacement of the scale and its support relative to the stem is apparent.   The support, the scale and the inscriptions shall show no trace of distortion, discoloration or charring when maintained at 70 ºC for 24 hours.           4.3. The scale marks shall be:        - situated in planes perpendicular to the axis of the instrument,               - black (1) and marked clearly and indelibly,               - fine, clear-cut and of a uniform thickness not greater than 0 72 mm.                          4.4. The length of the short lines on the scale shall be at least one-fifth, that of the medium lines at least one-third and that of the long lines at least half of the circumference of the stem.           4.5. Alcoholometers shall have nominal scales graduated by % mass or by % volume of alcohol. They shall cover a range not greater than 10 % of alcohol by volume or by mass.  The scale interval shall be 0 71 %.  Each scale shall include from five to 10 additional scale intervals beyond its upper and lower nominal range limits.           4.6. The nominal scales of alcohol hydrometers shall be graduated in kilogrammes per cubic metre. They shall cover a range not greater than 20 kg/m3.             The scale interval shall be 0 72 kg/m3.  Each scale shall include from five to 10 additional scale intervals beyond its upper and lower nominal range limits. However, the scale must not extend beyond 1 000 kg/m3.       5. GRADUATION AND NUMBERING      5.1. On alcoholometers, every 10th scale mark, counting from one end of the nominal scale, shall be a long line. There shall be a medium line between each successive pair of long lines and four short lines between each long line and the nearest medium line.  Only the long lines shall be numbered.           5.2. On alcohol hydrometers, every fifth line, counting from one end of the nominal scale, shall be a long line. There shall be four short lines between two consecutive long lines.  Only the fifth or 10th lines shall be numbered.           5.3. The lines indicating the limits of the nominal scale shall show the figures in full. On alcohol hydrometers the other numbers may be abbreviated.                  6. CLASSIFICATION AND PRINCIPAL DIMENSIONS OF INSTRUMENTS      6.1. The instruments shall be of one of the following classes of accuracy:        - Class I : The minimum mean scale spacing shall be 1 75 mm. Instruments in this class shall not incorporate a thermometer.               - Class II : The minimum mean scale spacing shall be 1 705 mm. Instruments in this class may incorporate a thermometer.               - Class III : The minimum mean scale spacing shall be 0 785 mm. Instruments in this class may incorporate a thermometer.                          6.2. The external diameter of the body of any instrument shall be between 19 and 40 mm.  The external diameter of the stem shall be at least 3 mm for Class I and Class II instruments and at least 2 75 mm for Class III instruments. The stem shall extend for at least 15 mm above the uppermost scale mark.   (1)Beyond the range of the nominal scale the scale lines may be of a different colour.   The cross-section of the stem must be uniform for at least 5 mm below the lowest scale mark.                 7. INSCRIPTIONS      7.1. The following inscriptions shall be legibly and indelibly marked inside the instrument: >PIC FILE= "T0009640">            7.2. The mass of the instrument, expressed to the nearest milligramme may, if desired, be marked on the body.                  8. MAXIMUM PERMISSIBLE ERRORS AND VERIFICATION      8.1. The maximum permissible error for alcoholometers and alcohol hydrometers shall be:        - for Class I, ± one half scale interval for each reading measured,               - for Classes II and III, ± one scale interval for each reading measured.                          8.2. Verification shall be carried out at a minimum of three points in the nominal scale range.                  9. THERMOMETERS USED IN DETERMINING THE ALCOHOLIC STRENGTH      9.1. If the instrument used to determine the alcoholic strength belongs to Class I, the thermometer used shall be:        - of the metallic resistance or mercury-expansion type with glass casing,               - graduated in 0 71 or 0 705 ºC.                 The maximum permissible error is ± 0 705 ºC for all scale readings. Mercury thermometers shall include a scale mark at 0 ºC.           9.2. If the instrument used to determine the alcoholic strength belongs to Class II or III, the thermometer shall be of the mercury-expansion type, with a glass casing and be gratuated to 0 71 or 0 72 or 0 75 ºC. It shall have a scale mark at 0 ºC.  The maximum permissible error, positive or negative, shall be:  0 71 ºC if the thermometer is graduated to 0 71 ºC,  0 715 ºC if the thermometer is graduated to 0 72 ºC,  0 72 ºC if the thermometer is graduated to 0 75 ºC.  The thermometer may be incorporated in the instrument used to determine the alcoholic strength.  In this case, it need not have any scale mark at 0 ºC.   9.3. The minimum scale spacing shall be:      - 0 77 mm in the case of thermometers graduated to 0 705, 0 71, and 0 72 ºC and           - 1 70 mm in the case of thermometers graduated to 0 75 ºC.              9.4. The thickness of the lines shall not be more than one-fifth of the scale spacing.          10. MARKINGS  On the back of alcoholometers and alcohol hydrometers a space must be left on the upper third of the body for the EEC initial verification mark.   In accordance with 3.1.1 of Annex II to Directive 71/316/EEC and by way of derogation from the general rule laid down in section 3 of that Annex, the EEC initial verification mark must, due to the special marking requirements for glass instruments, consist of a series of signs having the following meaning:    - a small letter "e",       - the last two digits of the year of EEC initial verification       - the identifying letter or letters of the State where the EEC initial verification was carried out,       - if necessary, the identifying number of the verification office.         When the marking is carried out by sandblasting, the letters and numbers shall be applied so as not to impair their legibility.  Example:  e 75 D 48 : EEC initial verification carried out in 1975 by Bureau 48 in the Federal Republic of Germany.