title: Directive 2005/64/EC of the European Parliament and of the Council of  26 October 2005  on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC

text:
               25.11.2005

               EN

               Official Journal of the European Union

               L 310/10

      DIRECTIVE 2005/64/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 26 October 2005
   on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 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 referred to in Article 251 of the Treaty (2),
   Whereas:

               (1)

               In accordance with Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (3), appropriate provisions should be laid down to ensure that type-approved vehicles belonging to category M1, and those belonging to category N1, may be put on the market only if they are reusable and/or recyclable to a minimum of 85 % by mass and are reusable and/or recoverable to a minimum of 95 % by mass.

               (2)

               Reusability of component parts, recyclability and recoverability of materials constitute a substantial part of the Community strategy for waste management. Therefore vehicle manufacturers and their suppliers should be requested to include those aspects at the earliest stages of the development of new vehicles, in order to facilitate the treatment of vehicles at the time when they reach the end of their life.

               (3)

               This Directive constitutes one of the separate directives within the framework of the Community whole vehicle type-approval system established by 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 (4).

               (4)

               That whole vehicle type-approval system is currently compulsory for vehicles belonging to category M1 and will be extended, in the near future, to all categories of vehicle. It is therefore necessary to include in the whole vehicle type-approval system those measures concerning the re-usability, recyclability and recoverability of vehicles.

               (5)

               Accordingly, it is necessary to lay down provisions to take into account the fact that N1 vehicles are not yet covered by the whole vehicle type-approval system.

               (6)

               The manufacturer should make available to the approval authority all relevant technical information as regards constituent materials and their respective masses in order to permit verification of the manufacturer's calculations in accordance with the standard ISO 22628: 2002.

               (7)

               The manufacturer's calculations can be properly validated at the time of the vehicle type-approval only if the manufacturer has put in place satisfactory arrangements and procedures to manage all information he receives from his suppliers. Before any type-approval can be granted, the competent body should carry out a preliminary assessment of those arrangements and procedures and should issue a certificate indicating that they are satisfactory.

               (8)

               The relevance of the different inputs in the calculations of the recyclability and recoverability rates has to be assessed in accordance with the processes for treatment of end-of-life vehicles. The manufacturer should therefore recommend a strategy for the treatment of end-of-life vehicles and should provide details thereof to the competent body. This strategy should be based on proven technologies, which are available or in development at the time of applying for the vehicle approval.

               (9)

               Special-purpose vehicles are designed to perform a specific function and require special bodywork arrangements which are not entirely under the control of the manufacturer. Consequently, the recyclability and recoverability rates cannot be calculated properly. Those vehicles should therefore be excluded from the requirements concerning calculation.

               (10)

               Incomplete vehicles constitute a significant proportion of N1 vehicles. The manufacturer of the base vehicle is not in a position to calculate the recyclability and recoverability rates for completed vehicles because the data concerning the later stages of construction are not available at the design stage of the base vehicles. It is therefore appropriate to require only the base vehicle to comply with this Directive.

               (11)

               The market shares of vehicles produced in small series are very limited, so that there will be little benefit to the environment if they have to comply with this Directive. It is therefore appropriate to exclude them from certain provisions of this Directive.

               (12)

               In accordance with Directive 2000/53/EC, appropriate measures should be taken, in the interests of road safety and protection of the environment, to prevent the reuse of certain component parts which have been removed from end-of-life vehicles. Such measures should be restricted to the reuse of parts in the construction of new vehicles.

               (13)

               The provisions set out in this Directive will impose on manufacturers the supply of new data relating to type-approval and therefore these particulars should be reflected in Directive 70/156/EEC, which establishes the exhaustive list of data to be submitted for type-approval. It is therefore necessary to amend that Directive accordingly.

               (14)

               The measures necessary for the adaptation to scientific and technical progress of this Directive should be adopted in accordance with the regulatory procedure provided for in Article 13(3) of Directive 70/156/EEC.

               (15)

               Since the objective of this Directive, namely to minimise the impact of end-of-life vehicles on the environment by requiring that vehicles be designed from the conception phase with a view to facilitating reuse, recycling and recovery, cannot be sufficiently achieved by the Member States acting alone and can, therefore, by reason of the scale of the action, 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 this objective.

               (16)

               In accordance with paragraph 34 of the Interinstitutional Agreement on better law-making (5), Member States will be encouraged to draw up, for themselves and in the interest of the Community, their own tables which will, as far as possible, illustrate the correlation between this Directive and the transposition measures and to make them public,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   This Directive lays down the administrative and technical provisions for the type-approval of vehicles covered by Article 2, with a view to ensuring that their component parts and materials can be reused, recycled and recovered in the minimum percentages set out in Annex I.
   It lays down specific provisions to ensure that the re-use of component parts does not give rise to safety or environmental hazards.
   Article 2
   Scope
   This Directive shall apply to vehicles belonging to categories M1 and N1, as defined in Part A of Annex II to Directive 70/156/EEC, and to new or reused component parts of such vehicles.
   Article 3
   Exemptions
   Without prejudice to the application of the provisions of Article 7, this Directive shall not apply to:

               (a)

               special purpose vehicles as defined in part A, point 5, of Annex II to Directive 70/156/EEC;

               (b)

               multi-stage built vehicles belonging to category N1, provided that the base vehicle complies with this Directive;

               (c)

               vehicles produced in small series, referred to in Article 8(2)(a) of Directive 70/156/EEC.

         Article 4
   Definitions
   For the purposes of this Directive, the following definitions shall apply:

               1.

               ‘vehicle’ means a motor vehicle;

               2.

               ‘component part’ means any part or any assembly of parts which is included in a vehicle at the time of its production. It also covers components and separate technical units as defined in Article 2 of Directive 70/156/EEC;

               3.

               ‘vehicle type’ means the type of a vehicle as defined in part B, points 1 and 3, of Annex II to Directive 70/156/EEC;

               4.

               ‘end-of-life vehicle’ means a vehicle as defined in point 2 of Article 2 of Directive 2000/53/EC;

               5.

               ‘reference vehicle’ means the version within a type of vehicle, which is identified by the approval authority, in consultation with the manufacturer and in accordance with the criteria laid down in Annex I, as being the most problematic in terms of reusability, recyclability and recoverability;

               6.

               ‘multi-stage built vehicle’ means a vehicle resulting from a multi-stage construction process;

               7.

               ‘base vehicle’ means a vehicle as defined in Article 2, fourth indent of Directive 70/156/CEE, which is used at the starting stage of a multi-stage construction;

               8.

               ‘multi-stage construction’ means the process by which a vehicle is produced in several stages by adding component parts to a base vehicle or by modifying those component parts;

               9.

               ‘reuse’ means reuse as defined in point 6 of Article 2 of Directive 2000/53/EC;

               10.

               ‘recycling’ means recycling as defined in the first sentence of point 7 of Article 2 of Directive 2000/53/EC;

               11.

               ‘energy recovery’ means energy recovery as defined in the second sentence of point 7 of Article 2 of Directive 2000/53/EC;

               12.

               ‘recovery’ means recovery as defined in point 8 of Article 2 of Directive 2000/53/EC;

               13.

               ‘reusability’ means the potential for reuse of component parts diverted from an end-of-life vehicle;

               14.

               ‘recyclability’ means the potential for recycling of component parts or materials diverted from an end-of-life vehicle;

               15.

               ‘recoverability’ means the potential for recovery of component parts or materials diverted from an end-of-life vehicle;

               16.

               ‘recyclability rate of a vehicle (Rcyc)’ means the percentage by mass of a new vehicle, potentially able to be reused and recycled;

               17.

               ‘recoverability rate of a vehicle (Rcov)’ means the percentage by mass of a new vehicle, potentially able to be reused and recovered;

               18.

               ‘strategy’ means a large-scale plan consisting of coordinated actions and technical measures to be taken as regards dismantling, shredding or similar processes, recycling and recovery of materials to ensure that the targeted recyclability and recoverability rates are attainable at the time a vehicle is in its development phase;

               19.

               ‘mass’ means the mass of the vehicle in running order as defined in point 2.6 of Annex I to Directive 70/156/EEC, but excluding the driver, whose mass is assessed at 75 kg;

               20.

               ‘competent body’ means an entity, e.g. a technical service or another existing body, notified by a Member State to carry out preliminary assessment of the manufacturer and to issue a certificate of compliance, in accordance with the prescriptions of this Directive. The competent body may be the type-approval authority, provided its competence in this field is properly documented.

         Article 5
   Type-approval provisions
   1.   Member States shall grant, as appropriate, EC type-approval or national type-approval, with regard to reusability, recyclability and recoverability, only to such vehicle types that satisfy the requirements of this Directive.
   2.   For the application of paragraph 1, the manufacturer shall make available to the approval authority the detailed technical information necessary for the purposes of the calculations and checks referred to in Annex I, relating to the nature of the materials used in the construction of the vehicle and its component parts. In cases where such information is shown to be covered by intellectual property rights or to constitute specific know-how of the manufacturer or of his suppliers, the manufacturer or his suppliers shall supply sufficient information to enable those calculations to be made properly.
   3.   With regard to reusability, recyclability and recoverability, the Member States shall ensure that the manufacturer uses the model of the information document set out in Annex II to this Directive, when submitting an application for EC vehicle type-approval, pursuant to Article 3(1) of Directive 70/156/EEC.
   4.   When granting an EC type-approval pursuant to Article 4(3) of Directive 70/156/EEC, the type-approval authority shall use the model of the EC type-approval certificate set out in Annex III to this Directive.
   Article 6
   Preliminary assessment of the manufacturer
   1.   Member States shall not grant any type approval without first ensuring that the manufacturer has put in place satisfactory arrangements and procedures, in accordance with point 3 of Annex IV, to manage properly the reusability, recyclability and recoverability aspects covered by this Directive. When this preliminary assessment has been carried out, a certificate named ‘Certificate of Compliance with Annex IV’ (hereinafter the certificate of compliance) shall be granted to the manufacturer.
   2.   In the framework of the preliminary assessment of the manufacturer, Member States shall ensure that the materials used for the construction of a vehicle type comply with the provisions of Article 4(2)(a) of Directive 2000/53/EC.
   The Commission shall, in accordance with the procedure referred to in Article 9, establish the detailed rules necessary to verify compliance with this provision.
   3.   For the purpose of paragraph 1, the manufacturer shall recommend a strategy to ensure dismantling, reuse of component parts, recycling and recovery of materials. The strategy shall take into account the proven technologies available or in development at the time of the application for a vehicle type-approval.
   4.   Member States shall appoint a competent body, in accordance with point 2 of Annex IV, to carry out the preliminary assessment of the manufacturer and to issue the certificate of compliance.
   5.   The certificate of compliance shall include the appropriate documentation and describe the strategy recommended by the manufacturer. The competent body shall use the model set out in the Appendix to Annex IV.
   6.   The certificate of compliance shall remain valid for no less than two years from the date of deliverance of the certificate before new checks shall be conducted.
   7.   The manufacturer shall inform the competent body of any significant change that could affect the relevance of the certificate of compliance. After consultation with the manufacturer, the competent body shall decide whether new checks are necessary.
   8.   At the end of the period of validity of the certificate of compliance, the competent body shall, as appropriate, issue a new certificate of compliance or extend its validity for a further period of two years. The competent body shall issue a new certificate in cases where significant changes have been brought to the attention of the competent body.
   Article 7
   Reuse of component parts
   The component parts listed in Annex V shall:

               (a)

               be deemed to be non-reusable for the purposes of calculating the recyclability and recoverability rates;

               (b)

               not be reused in the construction of vehicles covered by Directive 70/156/EEC.

         Article 8
   Amendments to Directive 70/156/EEC
   Directive 70/156/EEC shall be amended in accordance with Annex VI to this Directive.
   Article 9
   Amendments
   Amendments to this Directive which are necessary to adapt it to scientific and technical progress shall be adopted by the Commission in accordance with the regulatory procedure referred to in Article 13(3) of Directive 70/156/EEC.
   Article 10
   Implementation dates for type-approval
   1.   With effect from 15 December 2006, Member States shall not, in respect of a type of vehicle which complies with the requirements of this Directive:

               (a)

               refuse to grant EC or national type-approval,

               (b)

               prohibit the registration, sale or entry into service of new vehicles.

         2.   With effect from 15 December 2008, Member States shall, in respect of a type of vehicle which does not comply with the requirements of this Directive:

               (a)

               refuse to grant EC type-approval;

               (b)

               refuse to grant national type-approval.

         3.   With effect from 15 July 2010, Member States shall, if the requirements of this Directive are not met:

               (a)

               consider certificates of conformity which accompany new vehicles as no longer valid for the purposes of Article 7(1) of Directive 70/156/EEC;

               (b)

               refuse the registration, sale or entry into service of new vehicles, save where Article 8(2)(b) of Directive 70/156/EEC applies.

         4.   Article 7 shall apply with effect from 15 December 2006.
   Article 11
   Transposition
   1.   Member States shall adopt and publish, not later than 15 December 2006, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures.
   They shall apply those measures from 15 December 2006.
   When Member States adopt these measures, they shall contain a reference to this Directive or 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.
   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 12
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 13
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 26 October 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         D. ALEXANDER

      (1)  OJ C 74, 23.3.2005, p. 15.

      (2)  Opinion of the European Parliament of 14 April 2005 (not yet published in the Official Journal) and Council Decision of 6 October 2005.

      (3)  OJ L 269, 21.10.2000, p. 34. Directive as last amended by Council Decision 2005/673/EC (OJ L 254, 30.9.2005, p. 69).

      (4)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2005/49/EC (OJ L 194, 26.7.2005, p. 12).

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

      ANNEX
      LIST OF ANNEXES

                  Annex I:

                  Requirements

                  Annex II:

                  Information document for EC vehicle type-approval

                  Annex III:

                  Model of the EC type-approval certificate

                  Annex IV:

                  Preliminary assessment of the manufacturer

                  Appendix:

                  model of the certificate of compliance

                  Annex V:

                  Component parts deemed to be non reusable

                  Annex VI:

                  Amendments to Directive 70/156/EEC

         ANNEX I
         REQUIREMENTS

                     1.

                     Vehicles belonging to category M1 and those belonging to category N1 shall be so constructed as to be:

                                 —

                                 reusable and/or recyclable to a minimum of 85 % by mass, and

                                 —

                                 reusable and/or recoverable to a minimum of 95 % by mass,

                           as determined by the procedures laid down in this Annex.

                     2.

                     For the purposes of type-approval, the manufacturer shall submit a data presentation form duly completed, established in accordance with Annex A to the standard ISO 22628: 2002. It shall include the materials breakdown.
                     It shall be accompanied by a listing of the dismantled component parts, declared by the manufacturer with respect to the dismantling stage, and the process he recommends for their treatment.

                     3.

                     For the application of points 1 and 2, the manufacturer shall demonstrate to the satisfaction of the approval authority that the reference vehicles meet the requirements. The calculation method prescribed in Annex B to the standard ISO 22628: 2002 shall apply.
                     However, the manufacturer must be in a position to demonstrate that any version within the vehicle type complies with the requirements of this Directive.

                     4.

                     For the purposes of the selection of the reference vehicles, account shall be taken of the following criteria:

                                 —

                                 the type of bodywork,

                                 —

                                 the available trim levels (1),

                                 —

                                 the available optional equipment (1) which can be fitted under the manufacturer's responsibility.

                     5.

                     Should the type-approval authority and the manufacturer fail jointly to identify the most problematic version within a type of vehicle, in terms of reusability, recyclability and recoverability, one reference vehicle shall be selected, within:

                                 (a)

                                 each ‘type of bodywork’, as defined in point 1 of part C of Annex II to Directive 70/156/EEC in the case of M1 vehicles;

                                 (b)

                                 each ‘type of bodywork’, i.e. van, chassis-cab, pick-up, etc., in the case of N1 vehicles.

                     6.

                     For the purposes of calculations, tyres shall be considered as recyclable.

                     7.

                     Masses shall be expressed in kg with one decimal place. The rates shall be calculated in percent with one decimal place, then rounded as follows:

                                 (a)

                                 if the figure following the decimal point is between 0 and 4, the total is rounded down;

                                 (b)

                                 if the figure following the decimal point is between 5 and 9, the total is rounded up.

                     8.

                     For the purposes of checking the calculations referred to in this Annex, the approval authority shall ensure that the data presentation form referred to in point 2 is coherent with the recommended strategy annexed to the certificate of compliance referred to in Article 6(1) of this Directive.

                     9.

                     For the purposes of checks of the materials and masses of component parts, the manufacturer shall make available vehicles and component parts as deemed necessary by the type-approval authority.

            (1)  i.e. leather upholstery, in-car radio equipment, air-conditioning, alloy wheels, etc.

         ANNEX II
         INFORMATION DOCUMENT FOR EC VEHICLE TYPE-APPROVAL
         in accordance with Annex I to Council Directive 70/156/EEC (1) relating to EC type-approval of a vehicle with regard to its reusability, recyclability and recoverability
         The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.

                     0.

                     GENERAL

                     0.1.

                     Make (trade name of manufacturer):…

                     0.2.

                     Type:…

                     0.2.0.1.

                     Chassis:…

                     0.2.1.

                     Commercial name(s) (if available):…

                     0.3.

                     Means of identification of type, if marked on the vehicle (b):…

                     0.3.1.

                     Location of that marking:…

                     0.4.

                     Category of vehicle (c):…

                     0.5.

                     Name and address of manufacturer:…

                     0.8.

                     Address(es) of assembly plant(s):…

                     1.

                     GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE

                     1.1.

                     Photographs and/or drawings of a representative vehicle:…

                     1.2.

                     Dimensional drawing of the whole vehicle:…

                     1.3.

                     Number of axles and wheels:…

                     1.3.1.

                     Number and position of axles with double wheels:…

                     1.3.3.

                     Powered axles (number, position, interconnection):…

                     1.7.

                     Driving cab (forward control or bonneted)(z):…

                     3.

                     POWER PLANT (q) (In the case of a vehicle that can run either on petrol, diesel, etc., or also in combination with another fuel, items shall be repeated (+))

                     3.1.

                     Manufacturer:…

                     3.2.

                     Internal combustion engine

                     3.2.1.

                     Specific engine information

                     3.2.1.1.

                     Working principle: positive ignition/compression ignition, four-stroke/two stroke (1)

                     3.2.1.2.

                     Number and arrangement of cylinders:…

                     3.2.1.3.

                     Engine capacity (s):…cm3

                     3.2.2.

                     Fuel: diesel oil/petrol/LPG/NG/ethanol: (1)

                     4.

                     TRANSMISSION (v)

                     4.2.

                     Type (mechanical, hydraulic, electric, etc.):…

                     4.5.

                     Gearbox

                     4.5.1.

                     Type (manual/automatic/CVT (continuously variable transmission)) (1)

                     4.9.

                     Differential lock: yes/no/optional (1)

                     9.

                     BODYWORK

                     9.1.

                     Type of bodywork:…

                     9.3.1.

                     Door configuration and number of doors:…

                     9.10.3.

                     Seats

                     9.10.3.1.

                     Number:…

                     15.

                     REUSABILITY, RECYCLABILITY and RECOVERABILITY

                     15.1.

                     Version to which the reference vehicle belongs:…

                     15.2.

                     Mass of the reference vehicle with bodywork or mass of the chassis with cab, without bodywork and/or coupling device if the manufacturer does not fit the bodywork and/or coupling device (including liquids, tools, spare wheel, if fitted) without driver:…

                     15.3.

                     Masses of materials of the reference vehicle

                     15.3.1.

                     Mass of material taken into account at the pre-treatment step (##):…

                     15.3.2.

                     Mass of material taken into account at the dismantling step (##):…

                     15.3.3.

                     Mass of material taken into account at the non-metallic residue treatment step, considered as recyclable (##):

                     15.3.4.

                     Mass of material taken into account at the non-metallic residue treatment step, considered as energy recoverable (##):…

                     15.3.5.

                     Materials breakdown (##):…

                     15.3.6.

                     Total mass of materials, which are reusable and/or recyclable:…

                     15.3.7.

                     Total mass of materials, which are reusable and/or recoverable:…

                     15.4.

                     Rates

                     15.4.1.

                     Recyclability rate ‘Rcyc ( %)’:…

                     15.4.2.

                     Recoverability rate ‘Rcov ( %)’:…

            (1)  The item numbers and footnotes used in this information document correspond to those set out in Annex I to Directive 70/156/EEC. Items not relevant for the purpose of this Directive are omitted.

         ANNEX III
         MODEL OF EC TYPE-APPROVAL CERTIFICATE
         Maximum format: A4 (210 x 297 mm)
         EC TYPE-APPROVAL CERTIFICATE

            Stamp of EC type-approval authority

         Communication concerning:

                     —

                     EC type-approval (1) of a type of vehicle

                     —

                     extension of EC type-approval (1)

                     —

                     refusal of EC type-approval (1)

               with regard to Directive 2005/64/EC
         EC type-approval number:
         Reason for extension:
         SECTION I

                     0.1.

                     Make (trade name of manufacturer):…

                     0.2.

                     Type:…

                     0.2.1.

                     Commercial name(s) (2):

                     0.3.

                     Means of identification of type, if marked on the vehicle:…

                     0.3.1.

                     Location of that marking:…

                     0.4.

                     Category of vehicle (3):…

                     0.5.

                     Name and address of manufacturer:…

                     0.8.

                     Name(s) and address(es) of assembly plant(s):…

               […]
         SECTION II

                     1.

                     Additional information:…
                     Recyclability rate(s) of the reference vehicle(s):…
                     Recoverability rate(s) of the reference vehicle(s):…

                     2.

                     Technical service responsible for carrying out the tests:…

                     3.

                     Date of test report:…

                     4.

                     Reference of test report:…

                     5.

                     Remarks (if any):…

                     6.

                     Attachments: the index and information package

                     7.

                     The vehicle meets/does not meet (4) the technical requirements of this Directive:…

               …

                     (Place)

                     (Signature)

                     (Date)

               Attachments: Information package.

            (1)  Delete where not applicable.

            (2)  If not available at the time of granting the EC type-approval, this item shall be completed at the latest when the vehicle is introduced on the market.

            (3)  As defined in part A of Annex II to Directive 70/156/EEC.

            (4)  Delete where not applicable.

         ANNEX IV
         PRELIMINARY ASSESSMENT OF THE MANUFACTURER
         1.   Purpose of this Annex
         This Annex describes the preliminary assessment that must be carried out by the competent body to ensure that the manufacturer has put in place the necessary arrangements and procedures.
         2.   Competent body
         The competent body shall comply with standard EN 45012: 1989 or ISO/IEC Guide 62: 1996 on the general criteria for certification bodies operating quality system certification as regards the management systems implemented by the manufacturer.
         3.   Checks to be performed by the competent body
         3.1.   The competent body shall ensure that the manufacturer has taken the necessary measures to:

                     (a)

                     collect appropriate data through the full chain of supply, in particular the nature and the mass of all materials used in the construction of the vehicles, in order to perform the calculations required under this Directive;

                     (b)

                     keep at his disposal all the other appropriate vehicle data required by the calculation process such as the volume of the fluids, etc.;

                     (c)

                     check adequately the information received from suppliers;

                     (d)

                     manage the breakdown of the materials;

                     (e)

                     be able to perform the calculation of the recyclability and recoverability rates in accordance with the standard ISO 22628: 2002;

                     (f)

                     mark the component parts made of polymers and elastomers in accordance with Commission Decision 2003/138/EC of 27 February 2003 establishing component and material coding standards for vehicles pursuant to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (1);

                     (g)

                     verify that no component part listed in Annex V is reused in the construction of new vehicles.

               3.2.   The manufacturer shall provide the competent body with all relevant information, in documentary form. In particular, recycling and recovery of materials shall be properly documented.

            (1)  OJ L 53, 28.2.2003, p. 58.

            Appendix to Annex IV
            MODEL OF CERTIFICATE OF COMPLIANCE

         ANNEX V
         COMPONENT PARTS DEEMED TO BE NON-REUSABLE
         1.   Introduction
         This Annex addresses the component parts of vehicles belonging to category M1 and those belonging to category N1 which must not be reused in the construction of new vehicles.
         2.   List of component parts

                     —

                     All airbags (1), including cushions, pyrotechnic actuators, electronic control units and sensors

                     —

                     Automatic or non-automatic seat belt assemblies, including webbing, buckles, retractors, pyrotechnic actuators

                     —

                     Seats (only in cases where safety belt anchorages and/or airbags are incorporated in the seat)

                     —

                     Steering lock assemblies acting on the steering column

                     —

                     Immobilisers, including transponders and electronic control units

                     —

                     Emission after-treatment systems (e.g. catalytic converters, particulate filters)

                     —

                     Exhaust silencers.

            (1)  When the airbag is inserted inside the steering wheel, the steering wheel itself.

         ANNEX VI
         AMENDMENTS TO DIRECTIVE 70/156/EEC
         Directive 70/156/EEC is amended as follows:

                     1.

                     the following points shall be added in Annex I:

                                 ‘15.

                                 REUSABILITY, RECYCLABILITY and RECOVERABILITY

                                 15.1.

                                 Version to which the reference vehicle belongs:

                                 15.2.

                                 Mass of the reference vehicle with bodywork or mass of the chassis with cab, without bodywork and/or coupling device if the manufacturer does not fit the bodywork and/or coupling device (including liquids, tools, spare wheel, if fitted) without driver:

                                 15.3.

                                 Mass of materials of the reference vehicle

                                 15.3.1.

                                 Mass of material taken into account at the pre-treatment step (1):

                                 15.3.2.

                                 Mass of material taken into account at the dismantling step (1):

                                 15.3.3.

                                 Mass of material taken into account at the non-metallic residue treatment step, considered as recyclable (1):

                                 15.3.4.

                                 Mass of material taken into account at the non-metallic residue treatment step, considered as energy recoverable (1):

                                 15.3.5.

                                 Materials breakdown (1):

                                 15.3.6.

                                 Total mass of materials, which are reusable and/or recyclable:

                                 15.3.7.

                                 Total mass of materials, which are reusable and/or recoverable:

                                 15.4.

                                 Rates

                                 15.4.1.

                                 Recyclability rate “Rcyc ( %)”:

                                 15.4.2.

                                 Recoverability rate “Rcov ( %)”:

                     2.

                  the following item shall be added in Part I of Annex IV:

                                    Subject

                                    Directive No

                                    Official Journal reference

                                    Applicability

                                    M1

                                    M2

                                    M3

                                    N1

                                    N2

                                    N3

                                    O1

                                    O2

                                    O3

                                    O4

                                                ‘59.

                                                Recyclability

                                    2005/64/EC

                                       L 310, 25 November 2005, p. 10

                                    X

                                    —

                                    —

                                    X

                                    —

                                    —

                                    ’

                     3.

                  Annex XI is amended as follows:
                                 (a)

                              the following item shall be added in Appendix 1:

                                                Item

                                                Subject

                                                Directive No

                                                M1 ≤ 2 500
                                                (1) kg

                                                M1 > 2 500
                                                (1) kg

                                                M2

                                                M3

                                                ‘59

                                                Recyclability

                                                2005/64/EC

                                                N/A

                                                N/A

                                                —

                                                —’

                                 (b)

                              the following item shall be added in Appendix 2:

                                                Item

                                                Subject

                                                Directive number

                                                M1

                                                M2

                                                M3

                                                N1

                                                N2

                                                N3

                                                O1

                                                O2

                                                O3

                                                O4

                                                ‘59

                                                Recyclability

                                                2005/64/EC

                                                N/A

                                                —

                                                —

                                                N/A

                                                —

                                                —

                                                —

                                                —

                                                —

                                                —’

                                 (c)

                              the following item shall be added in Appendix 3:

                                                Item

                                                Subject

                                                Directive number

                                                M2

                                                M3

                                                N1

                                                N2

                                                N3

                                                O1

                                                O2

                                                O3

                                                O4

                                                ‘59

                                                Recyclability

                                                2005/64/EC

                                                —

                                                —

                                                N/A

                                                —

                                                —

                                                —

                                                —

                                                —

                                                —’

            (1)  These terms are defined in the standard ISO 22628: 2002.’;


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31985L0610

Council Directive 85/610/EEC of 20 December 1985 amending for the seventh time (asbestos) Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations

Official Journal L 375 , 31/12/1985 P. 0001 - 0002 Spanish special edition: Chapter 13 Volume 19 P. 0057  Portuguese special edition Chapter 13 Volume 19 P. 0057  Finnish special edition: Chapter 13 Volume 15 P. 0018  Swedish special edition: Chapter 13 Volume 15 P. 0018

COUNCIL DIRECTIVE of 20 December 1985 amending for the  seventh time (asbestos) Directive 76/769/EEC o the approximation of the laws, regulations and  administrative provisions of the Member States relating to restrictions on the marketing and use of  certain dangerous substances and preparations (85/610/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 asbestos is recognized to be a health hazard; Whereas the use of asbestos and even products containing it can, by releasing fibres, cause  asbestosis and cancer ; whereas placing on the market and use should therefore be subject to the  severest possible restrictions; Whereas Directive 76/769/EEC(4) as amended by Directive 83/478/EEC(5) already lays down initial  measures of that kind by prohibiting, with a few exceptions, the placing on the market and use of  crocidolite and by requiring specific labelling to draw attention to the hazards inherent in the  use of products containing asbestos fibres; Whereas improved monitoring of the marketing and use of dangerous asbestos fibres is necessary to  protect human health, especially as there are for certain uses substitution products regarded as  less dangerous; Whereas it is necessary to deal with the marketing and the use of other products containing  asbestos, and whereas in this context, the Council requests the Commission to undertake and in  particular to continue with its work on the development of test methods for asbestos products as  rapidly as possible ; Whereas some Member States have regulations on asbestos; whereas these differ in respect of the  conditions for placing on the market and use; whereas these differences form a barrier to trade and  have a direct impact on the establishment and operation of the common market; Whereas to eliminate certain of these differences it is therefore necessary to supplement the Annex  to Directive 76/769/EEC, as last amended by Directive 85/467/EEC(6), HAS ADOPTED THIS DIRECTIVE : Article 1 In Annex I to Directive 76/769/EEC, point 5 shall become point 6, and the following  point shall be added: '6.3.Asbestos fibres Chrysotile, CAS N° 12001-29-5 Amosite, CAS N° 12172-73-5 Anthophyllite, CAS N°  77536-67-5 Actinolite, CAS N° 77536-66-4 Tremolite, CAS N° 77536-68-6 6.3.1.The placing on the market and the use of products containing these fibres shall be prohibited  for: (a)toys; (b)materials or preparations intended to be applied by spraying; Member States may, however, allow  on their territories butiminous compounds containing asbestos intended to be applied by spraying as  vehicle undersealing for anti-corrosion protection; (c)finished products which are retailed to the public in powder form; (d)items for smoking such as tobacco pipes and cigarette and cigar holders; (e)catalytic filters and insulation devices for incorporation in catalytic heaters using liquefied  gas; (f)paints and varnishes.' Article 2 1.  Member States shall take the measures necessary to comply with this Directive not  later than 31 December 1987. They shall forthwith inform the Commission thereof. 2.  Member States shall communiciate to the Commission the text of the provisions of national law  which they adopt in the field governed by this Directive. Article 3 This Directive is addressed to the Member States. Done at Brussels, 20 December 1985. For the CouncilThe PresidentR. KRIEPS (1)OJ N° C 78, 28. 3. 1980, p. 10.  (2)OJ N° C 125, 17. 5. 1982, p. 159.  (3)OJ N° C 331, 17. 12. 1980, p. 5.  (4)OJ N° L 262, 27. 9. 1976, p. 201.  (5)OJ N° L 263, 24. 9. 1983, p. 33.  (6)OJ N° L 296, 11. 10. 1985, p. 56.


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31975L0296

Second Council Directive 75/296/EEC of 28 April 1975 amending Directive No 70/524/EEC concerning additives in feedingstuffs

Official Journal L 124 , 15/05/1975 P. 0029 - 0032 Greek special edition: Chapter 03 Volume 12 P. 0092

++++( 1 ) OJ NO C 5 , 8 . 1 . 1975 , P . 57 .  ( 2 ) OJ NO C 16 , 23 . 1 . 1975 , P . 19 .  ( 3 ) OJ NO L 270 , 14 . 12 . 1970 , P . 1 .  ( 4 ) OJ NO L 118 , 8 . 5 . 1975 , P . 45 .  ( 5 ) OJ NO L 124 , 10 . 5 . 1973 , P . 17 .  SECOND COUNCIL DIRECTIVE OF 28 APRIL 1975 AMENDING DIRECTIVE NO 70/524/EEC CONCERNING ADDITIVES IN FEEDINGSTUFFS  ( 75/296/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 100 THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  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 COURSE OF IMPLEMENTING COUNCIL DIRECTIVE NO 70/524/EEC ( 3 ) OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS , AS LAST AMENDED BY ELEVENTH COMMISSION DIRECTIVE NO 75/267/EEC ( 4 ) , AS FAR AS THE ANNEXES ARE CONCERNED , THE NEED HAS BECOME APPARENT TO DEFINE THE TERM " ANIMALS " ;  WHEREAS , IN SO FAR AS THIS TERM ALSO COVERS PETS , IT WILL BE NECESSARY TO EXAMINE LATER WHETHER A SPECIAL DIRECTIVE SHOULD BE ADOPTED FOR FEEDINGSTUFFS FOR THESE ANIMALS ;  WHEREAS , TAKING INTO ACCOUNT AMENDMENTS MADE TO THE ANNEXES BY THE COMMISSION , IT IS NECESSARY TO MAKE CERTAIN AMENDMENTS OF A TECHNICAL NATURE TO THE ENACTING TERMS OF DIRECTIVE NO 70/524/EEC ;  WHEREAS IT IS ALSO NECESSARY TO TRANSFER INTO THE ANNEXES OF THAT DIRECTIVE ALL THE TECHNICAL PROVISIONS CONCERNING THE SUBSTANCES OR GROUPS OF SUBSTANCES HITHERTO SHOWN ONLY IN THE ENACTING TERMS ;  WHEREAS EXPERIENCE GAINED IN CONNECTION WITH ANNEX II , WHICH LISTS ALL THE ADDITIVES THAT MAY BE PERMITTED BY MEMBER STATES ON A NATIONAL SCALE UNTIL THE END OF 1975 , HAS SHOWN THAT THE ANNEX SHOULD IN FUTURE CONSTITUTE AN INTERMEDIATE STAGE IN DETERMINING THE INCLUSION OF ADDITIVES IN , AND THEIR EXCLUSION FROM , THE LIST OF THOSE PERMITTED IN THE COMMUNITY ( ANNEX I ) ; WHEREAS IT IS THEREFORE NECESSARY TO FIX SPECIAL CONDITIONS GOVERNING THE INCLUSION OF SUBSTANCES IN ANNEX II ;  WHEREAS IN ACCORDANCE WITH COUNCIL DIRECTIVE NO 73/103/EEC ( 5 ) OF 28 APRIL 1973 AMENDING THE DIRECTIVE OF 23 NOVEMBER 1970 CONCERNING ADDITIVES IN FEEDINGSTUFFS , THE ADAPTATION OF THE ANNEXES TO THE DEVELOPMENT OF SCIENTIFIC AND TECHNICAL KNOWLEDGE , AND HENCE THE ADMISSION AND DELETION OF THE ADDITIVES , HAVE BEEN SUBJECTED TO THE PROCEDURE OF THE STANDING COMMITTEE FOR FEEDINGSTUFFS ; WHEREAS THE FIXING OF THE CRITERIA FOR THE CHARACTERIZATION OF THE ADDITIVES CONCERNED SHOULD THEREFORE BE AUTHORIZED UNDER THE SAME PROCEDURE ;  WHEREAS THE EXPERIENCE GATHERED DURING THE MARKETING OF FEEDINGSTUFFS CONTAINING ADDITIVES SHOWS THE NEED TO IMPROVE THE MARKING OF THESE FEEDINGSTUFFS ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  DIRECTIVE NO 70/524/EEC SHALL BE AMENDED IN ACCORDANCE WITH THE FOLLOWING ARTICLES .  ARTICLE 2  ARTICLE 2 SHALL BE SUPPLEMENTED BY THE FOLLOWING SUBPARAGRAPH :  " ( G ) ANIMALS : ANIMALS BELONGING TO SPECIES NORMALLY NOURISHED AND KEPT OR CONSUMED BY MAN . "  ARTICLE 3  ARTICLE 3 ( 7 ) SHALL BE DELETED .  ARTICLE 4  ARTICLE 4 ( 1 ) SHALL BE AMENDED AS FOLLOWS :  1 . IN SUBPARAGRAPH ( A ) THE WORD " FIVE " SHALL BE REPLACED BY THE WORD " EIGHT " AND THE WORDS " IN ANNEX I " SHALL BE REPLACED BY THE WORDS " IN ANNEX I OR II " ;  2 . IN SUBPARAGRAPH ( B ) , THE WORDS " DURING A PERIOD OF FIVE YEARS FOLLOWING NOTIFICATION OF THIS DIRECTIVE " SHALL BE DELETED ;  3 . SUBPARAGRAPHS ( C ) , ( D ) , ( E ) AND ( F ) SHALL BE DELETED .  ARTICLE 5  ARTICLE 6 SHALL BE REPLACED BY THE FOLLOWING :  " ARTICLE 6  1 . AMENDMENTS TO BE MADE TO THE ANNEXES ON ACCOUNT OF THE GROWTH OF SCIENTIFIC AND TECHNICAL KNOWLEDGE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16 ( A ) .  2 . WHEN AMENDMENTS ARE MADE TO ANNEX I OR ANNEX II , THE FOLLOWING PRINCIPLES SHALL BE APPLIED :  A . A SUBSTANCE SHALL BE INCLUDED IN ANNEX I ONLY IF :  ( A ) IT HAS A FAVOURABLE EFFECT ON THE CHARACTERISTICS OF THOSE FEEDINGSTUFFS OR ON LIVESTOCK PRODUCTION WHEN INCORPORATED IN SUCH FEEDINGSTUFFS ;  ( B ) AT THE LEVEL PERMITTED IN FEEDINGSTUFFS IT DOES NOT ENDANGER ANIMAL OR HUMAN HEALTH NOR HARM THE CONSUMER BY ALTERING THE CHARACTERISTICS OF LIVESTOCK PRODUCTS ;  ( C ) ITS PRESENCE IN FEEDINGSTUFFS CAN BE CONTROLLED ;  ( D ) AT THE LEVEL PERMITTED IN FEEDINGSTUFFS , TREATMENT OR PREVENTION OF ANIMAL DISEASE IS EXCLUDED ; THIS CONDITION DOES NOT APPLY TO SUBSTANCES OF THE KIND LISTED IN ANNEX I ( D ) ;  ( E ) FOR SERIOUS REASONS CONCERNING HUMAN OR ANIMAL HEALTH ITS USE MUST NOT BE RESTRICTED TO MEDICAL OR VETERINARY PURPOSES .  B . A SUBSTANCE SHALL BE DELETED FROM ANNEX I IF ANY OF THE CONDITIONS LISTED UNDER A IS NO LONGER SATISFIED . HOWEVER , SUCH A SUBSTANCE MAY BE INSERTED IN ANNEX II FOR A SPECIFIED PERIOD , IF AS A MINIMUM THE CONDITIONS OF SUBPARAGRAPH A ( B ) AND ( E ) ARE SATISFIED .  C . A NEW SUBSTANCE OR A NEW USAGE ATTRIBUTED TO A SUBSTANCE MAY BE INSERTED IN ANNEX II ONLY IF THE CONDITIONS STIPULATED UNDER SUBPARAGRAPH A ( B ) AND ( E ) ARE SATISFIED AND IT CAN BE ASSUMED , TAKING ACCOUNT OF AVAILABLE RESULTS , THAT THE OTHER CONDITIONS STIPULATED UNDER SUBPARAGRAPH A ARE ALSO SATISFIED .  3 . THE CRITERIA FOR THE CHARACTERIZATION OF THE ADDITIVES REFERRED TO IN THIS DIRECTIVE , PARTICULARLY THE CRITERIA OF BOTH COMPOSITION AND PURITY AND THE PHYSICO-CHEMICAL AND BIOLOGICAL PROPERTIES , MAY BE FIXED , TAKING ACCOUNT OF SCIENTIFIC AND TECHNICAL KNOWLEDGE , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 16 ( A ) . "  ARTICLE 6  ARTICLE 9 ( 1 ) SHALL BE AMENDED AS FOLLOWS :  1 . IN THE FIRST SENTENCE , THE WORDS " GROWTH PROMOTERS " ( ANNEX I ( J ) ) SHALL BE INSERTED AFTER THE WORDS " VITAMINS D ( ANNEX I ( H ) NO 1 ) " ;  2 . IN SUBPARAGRAPH ( B ) , THE WORDS , " GROWTH PROMOTERS " SHALL BE INSERTED AFTER THE WORDS " VITAMINS D " ;  3 . IN SUBPARAGRAPH ( C ) , THE FOLLOWING INDENT SHALL BE INSERTED :  " - FOR GROWTH PROMOTERS , 1 000 PPM . "  ARTICLE 7  ARTICLE 10 SHALL BE AMENDED AS FOLLOWS :  1 . IN PARAGRAPH 1 ( A ) , THE WORDS " AND GROWTH PROMOTERS " SHALL BE ADDED AFTER THE WORD " ANTIBIOTICS " ;  2 . IN PARAGRAPH 1 , THE TEXT OF SUBPARAGRAPH ( G ) SHALL BE REPLACED BY THE FOLLOWING :  " ( G ) NON-PROTEIN NITROGEN COMPOUNDS : NATURE AND LEVEL AND CONDITIONS OF USE AS LAID DOWN IN THE ANNEXES " ;  3 . PARAGRAPH 1 SHALL BE SUPPLEMENTED BY THE FOLLOWING SUBPARAGRAPH :  " ( H ) PRESERVATIVES : NATURE " ;  4 . THE FOLLOWING PARAGRAPH SHALL BE ADDED :  " 2A . THE MEMBER STATES SHALL PRESCRIBE THAT THE NATURE OF THE ADDITIVES PERMITTED UNDER ARTICLE 4 ( 1 ) ( A ) AND ( B ) MUST BE SPECIFIED ON THE PACKAGE OR LABEL . THEY MAY PRESCRIBE THAT THE CONTENT MUST ALSO BE SPECIFIED . "  ARTICLE 8  IN ARTICLE 11 ( 1 ) , SECOND SUBPARAGRAPH , THE WORDS " OF ANNEX I OR II " SHALL REPLACE THE WORDS " OF ANNEX I " .  ARTICLE 9  ANNEX II SHALL BE AMENDED AS FOLLOWS :  1 . A NEW COLUMN HEADED " PERIOD OF AUTHORIZATION " SHALL BE ADDED . THE DATE OF 30 JUNE 1976 SHALL BE ENTERED IN THIS COLUMN FOR EACH OF THE ADDITIVES LISTED IN THE AFORESAID ANNEX PRIOR TO 1 MAY 1975 ;  2 . A NEW PART D ( A ) HEADED " TRACE ELEMENTS " , COMPRISING THE FOLLOWING HEADINGS , SHALL BE ADDED :  ( SEE O.J . NO L 124 OF 15 . 5 . 75 )  3 . THE FOLLOWING HEADING SHALL BE ADDED TO PART E : ( SEE O.J . )  ARTICLE 10  MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY :  ( A ) BY 1 JULY 1975 AT THE LATEST , WITH ARTICLE 4 ( 1 ) AND ( 2 ) , ARTICLE 5 , ARTICLE 6 AND ARTICLE 9 ;  ( B ) BY 1 JULY 1976 AT THE LATEST , WITH THE OTHER PROVISIONS .  ARTICLE 11  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 28 APRIL 1975 .  FOR THE COUNCIL  THE PRESIDENT  M . A . CLINTON


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31987L0053

Council Directive 87/53/EEC of 15 December 1986 amending Directive 83/643/EEC on the facilitation of physical inspections and administrative formalities in respect of the carriage of goods between Member States

Official Journal L 024 , 27/01/1987 P. 0033 - 0035

*****COUNCIL  DIRECTIVE  of 15 December 1986  amending Directive 83/643/EEC on the facilitation of physical inspections and administrative formalities in respect of the carriage of goods between Member States  (87/53/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43, 75, 84 and 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 Council Directive 83/643/EEC of 1 December 1983 on the facilitation of physical inspection and administrative formalities in respect of tahe carriage of goods between Member States (4) contains a series of measures designed to reduce waiting times at the internal frontiers of the Community where the carriage of goods is concerned;  Whereas further progress must be made in the short term so that inspections and formalities in trade between Member States can be facilitated further; whereas the provisions of this Directive must take due account of the objectives pursued and of the results of the activities embarked upon in the context of the realization of the internal market;  Whereas, under the Community transit system in particular, an operator may initiate the transit procedure in the Member State of departure and/or have goods entered for home use or placed under some other customs procedure at a place situated within the Member State of destination and whereas, in this context, Member States should facilitate recourse to simplified procedures in appropriate cases; whereas they should also endeavour to deploy customs offices in such a way as best to take account of the requirements of commercial operators;  Whereas, in order to take account of the special features of air transport, it is necessary to adapt, on the basis of traffic flow and in such a way as to meet actual needs, the business hours of the departments carrying out inspections at airports;  Whereas cooperation between the departments carrying out inspections and formalities on either side of each frontier post would help to reduce the waiting times at these frontiers;  Whereas the improvement of the practical arrangements for processing goods and documents would also help to reduce waiting time;  Whereas there should be a procedure for persons involved in trade between Member States enabling them to inform national and Community bodies of any problems encountered in crossing frontiers;  Whereas certain work of the inspection services, and in particular that relating to the examination of documents which must be carried, would be facilitated if the authorities reponsible for them could delegate powers to one of the other services represented to effect such inspections;  Whereas, in order to facilitate the payment of any sums payable in respect of inspections and formalities, the parties concerned should be afforded the opportunity of using also guaranteed or certified international cheques;  Whereas it is desirable that up-to-date information on the operating conditions of inspection posts situated either at frontiers or within Member States be supplied to the Commission,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 83/643/EEC is hereby amended as follows:  1. The present wording of Article 2 shall become paragraph 1 and the following paragraphs shall be added:  '2. Member States shall facilitate, in circumstances which they deem appropriate, the use of simplified procedures, such as those laid down by the regulations for the despatch, distribution and release for consumption of goods, at the place of origin or destination of the goods.  3. Member States shall endeavour to deploy customs offices in such a way, including in the interior of their territory, as best to take account of the requirements of commercial operators.'  2. Article 4 shall be replaced by the following:  'Article 4  1. In order to seek appropriate solutions to problems arising at common frontiers, Member States shall take the measures necessary to extend bilateral cooperation between the various departments carrying out inspections and formalities on either side of these frontiers.  2. The cooperation referred to in paragraph 1 shall cover in particular:  - the arrangement of frontier posts,  - the conversion of frontier offices into juxtaposed or combined inspection offices, where possible.  3. Member States shall cooperate in order to harmonize the business hours of the various departments carrying out inspections and formalities on either side of each frontier post. Should any difficulties arise in attaining such harmonization, Member States shall bring them to the Commission's attention so that it may suggest to the Member States concerned such solutions as it deems appropriate to resolve them.  4. Member States shall provide for the possibility of informal consultation at local and, if appropriate, national level between representatives of the various departments involved an inspections and formalities and of carriers, customs agents, persons engaged in services ancillary to transport and transport users.'  3. Article 5 shall be replaced by the following:  'Article 5  1. Member States shall see to it that:  (a) where the volume of traffic so warrants, frontier posts are open, except when traffic is prohibited, so that:  - frontiers can be crossed 24 hours a day, with the corresponding inspections and formalities, in the case of goods placed under a customs transit procedure, their means of transport and vehicles travelling unladen, save where frontier inspection is necessary to prevent the spread of disease,  - inspections and formalities relating to the movement of means of transport and goods which are not being carried under a customs transit procedure may be performed from Monday to Friday during an uninterrupted period of at least 10 hours, and on Saturday during an uninterrupted period of at least six hours, unless those days are public holidays;  (b) as regards vehicles and goods transported by air, the hours referred to in the second indent of subparagraph (a) are adapted in such a way as to meet actual needs and for that purpose may be split in accordance with the flow of traffic;  (c) transhipments which, under existing regulations, customs services allow to be carried out without their immediate supervision can be effected at any time in such a way as to meet actual needs.  2. Where general compliance with the periods referred to in paragraph 1 (a), second indent, and (b) poses problems for veterinary services, Member States shall see to it that, with at least 2 hours' notice from the carrier, a veterinary expert is available during those periods: in the case of the transport of live animals, however, this notice may be increased to 18 hours.  3. Where several frontier posts are situated in the same port or airport zone. Member States may derogate from paragraph 1, provided that the other posts in that zone are able to clear goods and vehicles effectively in accordance with that paragraph.  4. For the frontier posts and customs services referred to in paragraph 1, and under the conditions laid down by Member States, the competent authorities of the Member States shall provide, if specifically requested during business hours and for sound reasons, for inspections and formalities to be carried out, as an exception, outside business hours, on condition that, where relevant, payment be made for services so rendered.' 4. Article 6 shall be replaced by the following:  'Article 6  Member States shall take the measures necessary to ensure that waiting time caused by the various inspections and formalities does not exceed the time required for their proper completion. To that end, they shall organize the business hours of the departments which are to carry out inspections and formalities, the staff available and the practical arrangements for processing goods and documents associated with the carrying out of the inspections and formalities in such a way as to reduce waiting time in the flow of traffic to a minimum.'  5. Article 7 shall be replaced by the following:  'Article 7  Member States shall endeavour to establish at frontier posts, where technically possible and justified by the volume of traffic, express lanes reserved for goods placed under a customs transit procedure, for their means of transport and for vehicles travelling unladen.'  6. Article 8 shall be replaced by the following:  'Article 8  1. Member States and the Commission shall see to it that persons involved in trade between Member States can rapidly inform the competent national and Community authorities of any problems encountered when crossing frontiers. The competent authorities shall eamine those problems and, if they are not resolved, the Commission shall propose solutions to the Member States concerned.  2. With a view to resolving difficulties with inspections or formalities within the meaning of this Directive, a Member State may request consultations with another Member State. If those consultations do not make it possible to resolve these difficulties, a Member State may inform the Commission so that the latter can submit such solutions as it deems appropriate to resolve the difficulties in question.'  7. The following Articles shall be inserted in the Directive:  'Article 6a  Member States shall as far as possible see to it that, by express delegation by the competent authorities and on their behalf, one of the other services represented, and preferably the customs service, may carry out certain tasks for which those authorities are responsible, relating in particular to requirements to carry the necessary documents, checking the validity and authenticity thereof and making a summary check on the identity of the goods declared in such documents. In that event the authorities concerned shall seek to ensure that the means required for accomplishing those tasks are made available.'  'Article 7a  Member States shall see to it that any sums payable in respect of the inspections and formalities applied to trade between Member States can also be paid by means of guaranteed or certified international cheques, expressed in the currency of the Member State in which the debt is due.'  'Article 8a  Member States shall supply the Commission in good time with up-to-date information on insepection posts.'  Article 2  1. Member States shall, after consulting the Commission, bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive by 1 July 1987 at the latest.  2. Each Member State shall communicate to the Commission the texts of the provisions it adopts in order to implement this Directive.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 15 December 1986.  For the Council  The President  J. MOORE  (1) OJ No C 237, 18. 9. 1985, p. 3.  (2) OJ No C 352, 31. 12. 1985, p. 291.  (3) OJ No C 101, 28. 4. 1986, p. 5.  (4) OJ No L 359, 22. 12. 1983, p. 8.


Avis juridique important

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31974L0151

Council Directive 74/151/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to certain parts and characteristics of wheeled agricultural or forestry tractors

Official Journal L 084 , 28/03/1974 P. 0025 - 0032 Finnish special edition: Chapter 13 Volume 3 P. 0242  Greek special edition: Chapter 13 Volume 2 P. 0209  Swedish special edition: Chapter 13 Volume 3 P. 0242  Spanish special edition: Chapter 13 Volume 3 P. 0198  Portuguese special edition Chapter 13 Volume 3 P. 0198

COUNCIL DIRECTIVE  of 4 March 1974  on the approximation of the laws of the Member States relating to certain parts and characteristics of wheeled agricultural or forestry tractors  (74/151/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas the technical requirements with which tractors must comply pursuant to national laws relate, inter alia, to the maximum permissible laden weight, the location and fitting of rear registration plates, fuel tanks, ballast weights, audible warning devices and permissible sound level and exhaust systems (silencer);  Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure which was the subject of the Council Directive of 4 March 1974 (3) on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors to be applied in respect of each type of tractor,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. "Agricultural or forestry tractor" means any motor vehicle, fitted with wheels or caterpillar tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.  2. This Directive shall apply only to tractors defined in the preceding paragraph which are fitted with pneumatic tyres and which have two axles and a maximum design speed of between 6 and 25 km/h.   Article 2 No Member State may refuse to grant EEC type-approval or national type-approval of a tractor on grounds relating to:    - the maximum permissible laden weight,       - the location and fitting of the rear registration plates,       - fuel tanks,       - ballast weights,       - audible warning devices,       - the permissible sound level and exhaust system (silencer),         is these satisfy the requirements set out in the relevant Annexes.   Article 3 No Member State may refuse the registration or prohibit the sale, entry into service or use of tractors on grounds relating to the parts and characteristics listed in Article 2 if these satisfy the requirements set out in the relevant Annexes.   Article 4 The amendments necessary for adapting to technical progress the requirements of the Annexes, apart from those set out at points I.1 and I.4.1.2 of Annex VI,   (1)OJ No 28, 17.2.1967, p. 462/67. (2)OJ No 42, 7.3.1967, p. 620/67. (3)See p. 10 of this Official Journal.   shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive on the type-approval of wheeled agricultural or forestry tractors.   Article 5 1. Member States shall put into force the provisions necessary in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 6 This Directive is addressed to the Member States.     Done at Brussels, 4 March 1974.  For the Council  The President  W. SCHEEL     ANNEX I MAXIMUM PERMISSIBLE LADEN WEIGHT    1. The technically permissible maximum laden weight as stated by the manufacturer shall be accepted by the competent administration as the maximum permissible laden weight provided that:      1.1. the results of any tests which that administration makes, in particular those in respect of braking and steering, are satisfactory.           1.2. the maximum permissible laden weight does not exceed 14 metric tons and the maximum permissible weight per axle does not exceed 10 metric tons.                  2. Whatever the state of loading of the tractor, the weight transmitted to the road by the wheels on the forward axle must not be less than 20 % of the unladen weight of that tractor.         ANNEX II    1. SHAPE AND DIMENSIONS OF THE SPACE FOR MOUNTING REAR REGISTRATION PLATES  The space for mounting shall comprise an even or virtually even rectangular surface with the following minimum dimensions:      - length 240 mm;           - height 165 mm.                  2. LOCATION OF THE SPACE FOR MOUNTING AND THE FIXING OF THE PLATES  The space for mounting shall be such that, after correct fixing, the plates shall have the following characteristics:      2.1. Position of the plate in relation to the width of the vehicle  The centre point of the plate may not be situated to the right of the plane of symmetry of the tractor in Member States where traffic drives on the right or to the left of that plane where traffic drives on the left.  In Member States where traffic drives on the right, the left-hand edge of the plate may not be situated to the left of the vertical plane which is parallel to the plane of symmetry of the tractor and which touches the extreme outer edge of the vehicle.  In Member States where traffic drives on the left, the right-hand edge of the plate may not be situated to the right of the vertical plane which is parallel to the plane of symmetry of the tractor and which touches the extreme outer edge of the vehicle.           2.2. Position of the plate in relation to the longitudinal plane of symmetry of the tractor  The plate shall be perpendicular or practically perpendicular to the plane of symmetry of the tractor.           2.3. Position of the plate in relation to the vertical plane  The plate shall be vertical within a tolerance of 5º. However, where the shape of the tractor so requires, it may be inclined to the vertical:        2.3.1. at not more than 30º when the surface bearing the registration number is inclined upwards, provided that the height of the upper edge of the plate is not more than 1 720 metres from the ground;               2.3.2. at not more than 15º when the surface bearing the registration number is inclined downwards, provided that the height of the upper edge of the plate is more than 1 720 metres from the ground.                           2.4. Height of the plate from the ground  The height of the lower edge of the plate from the ground shall not be less than 0 730 metres : the height of the upper edge of the plate from the ground shall be not more than 1 720 metres. However, where it is impossible in practice to comply with this latter provision, the height may exceed 1 720 metres, but it must then be as close to that limit as the constructional characteristics of the tractor allow, and must in no case exceed 2 75 metres.           2.5. Determination of the height of the plate from the ground  The heights given in 2.3 and 2.4 shall be measured with the tractor unladen.         ANNEX III TANKS FOR LIQUID FUEL    1. Fuel tanks must be made so as to be corrosion resistant. They must satisfy the leakage tests carried out by the manufacturer at a pressure equal to double the working pressure but in any event not less than 1.3 bars. Any excess pressure or any pressure exceeding the working pressure must be automatically compensated by suitable devices (vents, safety valves etc.). The vents must be designed in such a way as to prevent any fire risk. The fuel must not escape through the fuel-tank cap or through the devices provided to compensate excess pressure even if the tank is completely overturned : a drip shall be tolerated.       2. Fuel tanks must be installed in such a way as to be protected from the consequences of an impact to the front or to the rear of the tractor ; there shall be no protruding parts, sharp edges etc. near the tanks.          ANNEX IV BALLAST WEIGHTS  If, in order to satisfy the provisions laid down for EEC type-approval, a tractor has to be fitted with ballast weights, these weights must be provided by the manufacturer, be made of metal, designed for fixing to the tractor, and bear the mark of the firm manufacturing them and an indication of their approximate weight in kilograms.   ANNEX V AUDIBLE WARNING DEVICE    1. The warning device must bear the EEC approval mark prescribed by the Council Directive of 27 July 1970 on the approximation of the laws of Member States relating to audible warning devices for motor vehicles (1).       2. Characteristics of the Audible Warning Device when fitted to the tractor  (1)OJ No L 176, 10.8.1970, p. 12.      2.1. Acoustic tests  When a tractor is type approved, the characteristics of the warning device fitted to that type of tractor shall be tested as follows:      2.1.1. The sound pressure level of the device when fitted to the tractor shall be measured at a point 7 metres in front of the tractor, at a site which is open and as level as possible. The engine of the tractor shall be stopped. The effective voltage shall be that laid down in point 1.2.1. of Annex I to the Directive referred to at 1 above.           2.1.2. Measurements shall be made on the "A" weighting scale of the IEC (International Electrotechnical Commission) standard.           2.1.3. The maximum sound pressure level shall be determined at a height between 0 75 and 1 75 metres above ground level.           2.1.4. The said maximum must be not less than 93 dB (A).                    ANNEX VI    I. PERMISSIBLE SOUND LEVELS    I.1. Limits  The sound level of the tractors referred to in Article 1 of this Directive, when measured under the conditions set out in this Annex, may not exceed the following levels:  89 dB (A) for tractors with an unladen weight exceeding 1 75 metric tons;  85 dB (A) for tractors with an unladen weight not exceeding 1 75 metric tons.       I.2. Measuring instruments  The noise emitted by tractors shall be measured by means of a sound-level meter of the type described in Publication 179, 1st Edition (1965) of the International Electrotechnical Commission.       I.3. Conditions of measurement  Measurements shall be made on unladen tractors in a sufficiently silent and open area (ambient noise and wind noise at least 10 dB (A) below the noise being measured).  This area may take the form, for instance, of an open space of 50 metre radius having a central part of at least 20 metres radius which is practically level ; it may be surfaced with concrete, asphalt, or similar material and may not be covered with powdery snow, tall grass, loose soil or ashes.  The surface of the test track shall be such as not to cause excessive tyre noise. This condition applies only to measurement of the noise made by tractors in motion.  Measurement shall be carried out in fine weather with little wind. No person other than the observer taking the readings from the apparatus may remain near the tractor or the microphone, as the presence of spectators near either the tractor or the microphone may considerably affect the readings from the apparatus. Marked fluctuations of the pointer which appear to be unrelated to the characterstics of the general sound level shall be ignored in taking readings.       I.4. Method of measurement      I.4.1. Measurement of noise of tractors in motion (for type-approval).  At least two measurements shall be made on each side of the tractor. Preliminary measurements may be made for adjustment purposes but shall be disregarded.  The microphone shall be situated 1 72 metres above ground level at a distance of 7 75 metres from the path of the tractor's centre line, CC, measured along the perpendicular PP' to that line (figure 1).  Two lines AA' and BB', parallel to line PP' and situated respectively 10 metres forward and 10 metres rearward of the line, shall be marked out on the test track. Tractors shall approach line AA' at a steady speed, as specified below. The throttle shall then be  fully opened as rapidly as practicable and held in the fully opened position until the rear of the tractor (1) crosses line BB' ; the throttle shall then be closed again as rapidly as possible.  The maximum sound level recorded shall constitute the result of the measurement.        I.4.1.1. The test speed shall be three-quarters of the maximum speed which can be attained in the highest gear used for road movement.               I.4.1.2. Interpretation of results        I.4.1.2.1. To take account of inaccuracies in the measuring instruments, the result obtained from each measurement shall be determined by deducting 1 dB (A) from the meter reading.               I.4.1.2.2. Measurements shall be considered valid if the difference between two consecutive measurements on the same side of the tractor does not exceed 2 dB (A).               I.4.1.2.3. The highest sound level measured shall constitute the test result. Should that result exceed by 1 dB (A) the maximum permissible sound level for the category of tractor tested, two further measurements shall be made. Three of the four measurements thus obtained must fall within the prescribed limits. >PIC FILE= "T0005499">   (1)If the tractor includes a trailer, this shall not be taken into account in determining when line BB' is crossed.                          I.4.2. Measurement of noise of stationary tractors (not required for type-approval).      I.4.2.1. Position of sound-level meter  Measurements shall be made at point X (shown in figure 2) at a distance of 7 metres from the nearest surface of the tractor.  The microphone shall be situated 1 72 metres above ground level.           I.4.2.2. Number of measurements  At least two measurements shall be made.           I.4.2.3. Tractor test conditions  The engine of a tractor without a speed governor shall be run at three-quarters of the rpm speed at which, according to the tractor manufacturer, it develops its maximum power. The rpm speed of the engine shall be measured by means of an independent instrument, e.g. a roller bed and a tachometer. If the engine is fitted with a governor preventing the engine from exceeding the speed at which it develops its maximum power, it shall be run at the maximum speed permitted by the governor.  Before taking any measurements, the engine shall be brought to its normal running temperature.           I.4.2.4. Interpretation of results  All sound-level readings recorded shall be given in the report.  The method used to calculate the engine power shall also be shown where possible. The state of loading of the tractor must also be given.  The measurements shall be considered valid if the difference between two consecutive measurements on the same side of the tractor does not exceed 2 dB (A).  The maximum figure recorded shall constitute the result of the measurement. >PIC FILE= "T0005500">                      II. EXHAUST SYSTEM (SILENCER)    II.1. If the tractor is fitted with a device designed to reduce the exhaust noise (silencer), the requirements of this Item II shall apply. If the inlet of the engine is fitted with an air filter which is necessary in order to ensure compliance with the permissible sound level, the filter shall be considered to be part of the silencer, and the requirements of this Item II shall also apply to that filter.       II.2. A drawing of the exhaust system must be annexed to the tractor type-approval certificate       II.3. The silencer must be marked with a reference to its make and type which is clearly legible and indelible.       II.4. The use of fibrous absorbent material is permitted in the construction of silencers only if the following conditions are fulfilled:      II.4.1. The fibrous absorbent material may not be placed in those parts of the silencer through which gases pass;           II.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;           II.4.3. The fibrous absorbent material must be resistant to a temperature at least 20 % higher than the operating temperature (degrees C) which may occur in the region of the silencer where those fibrous absorbent materials are situated.