title: Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (Text with EEA relevance)

text:
               14.3.2009

               EN

               Official Journal of the European Union

               L 70/11

      DIRECTIVE 2009/12/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2009
   on airport charges
   (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 80(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               The main task and commercial activity of airports is to ensure the handling of aircraft, from landing to take-off, and of passengers and cargo, so as to enable air carriers to provide air transport services. For this purpose, airports offer a number of facilities and services related to the operation of aircraft and the processing of passengers and cargo, the cost of which they generally recover through airport charges. Airport managing bodies providing facilities and services for which airport charges are levied should endeavour to operate on a cost-efficient basis.

               (2)

               It is necessary to establish a common framework regulating the essential features of airport charges and the way they are set, as in the absence of such a framework, basic requirements in the relationship between airport managing bodies and airport users may not be met. Such a framework should be without prejudice to the possibility for a Member State to determine if and to what extent revenues from an airport’s commercial activities may be taken into account in establishing airport charges.

               (3)

               This Directive should apply to airports located in the Community that are above a minimum size as the management and the funding of small airports do not call for the application of a Community framework.

               (4)

               In addition, in a Member State where no airport reaches the minimum size for the application of this Directive, the airport with the highest passenger movements enjoys such a privileged position as a point of entry to that Member State that it is necessary to apply this Directive to that airport in order to guarantee respect for certain basic principles in the relationship between the airport managing body and the airport users, in particular with regard to transparency of charges and non-discrimination among airport users.

               (5)

               In order to promote territorial cohesion, Member States should have the possibility to apply a common charging system to cover an airport network. Economic transfers between airports in such networks should comply with Community law.

               (6)

               For reasons of traffic distribution Member States should be able to allow an airport managing body for airports serving the same city or conurbation to apply a common and transparent charging system. Economic transfers between these airports should comply with relevant Community law.

               (7)

               Incentives for starting up new routes, such as to promote, inter alia, the development of disadvantaged and outermost regions should only be granted in accordance with Community law.

               (8)

               The collection of charges with respect to the provision of air navigation services and groundhandling services has already been addressed by Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air navigation services (4) and Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (5) respectively. The charges levied for the funding of assistance to disabled passengers and passengers with reduced mobility are governed by Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (6).

               (9)

               The Council of the International Civil Aviation Organisation (the ICAO Council) in 2004 adopted policies on airport charges that included, inter alia, the principles of cost-relatedness, non-discrimination and an independent mechanism for economic regulation of airports.

               (10)

               The ICAO Council has considered that an airport charge is a levy that is designed and applied specifically to recover the cost of providing facilities and services for civil aviation, while a tax is a levy that is designed to raise national or local government revenues which are generally not applied to civil aviation in their entirety or on a cost-specific basis.

               (11)

               Airport charges should be non-discriminatory. A compulsory procedure for regular consultation between airport managing bodies and airport users should be put in place with the possibility for either party to have recourse to an independent supervisory authority whenever a decision on airport charges or the modification of the charging system is contested by airport users.

               (12)

               In order to ensure impartial decisions and the proper and effective application of this Directive, an independent supervisory authority should be established in every Member State. The authority should be in possession of all the necessary resources in terms of staffing, expertise, and financial means for the performance of its tasks.

               (13)

               It is vital for airport users to obtain from the airport managing body, on a regular basis, information on how and on what basis airport charges are calculated. Such transparency would provide air carriers with an insight into the costs incurred by the airport and the productivity of an airport’s investments. To allow an airport managing body to properly assess the requirements with regard to future investments, the airport users should be required to share all their operational forecasts, development projects and specific demands and suggestions with the airport managing body on a timely basis.

               (14)

               Airport managing bodies should inform airport users about major infrastructure projects as these have a significant impact on the system or the level of airport charges. Such information should be provided in order to make monitoring of infrastructure costs possible and with a view to providing suitable and cost-effective facilities at the airport concerned.

               (15)

               Airport managing bodies should be enabled to apply airport charges corresponding to the infrastructure and/or the level of service provided as air carriers have a legitimate interest to require services from an airport managing body that correspond to the price/quality ratio. However, access to a differentiated level of infrastructure or services should be open to all carriers that wish to avail of them on a non-discriminatory basis. If demand exceeds supply, access should be determined on the basis of objective and non-discriminatory criteria to be developed by an airport managing body. Any differentiation in airport charges should be transparent, objective and based on clear criteria.

               (16)

               Airport users and the airport managing body should be able to conclude a service level agreement with regard to the quality of service provided in return for airport charges. Negotiations on the quality of service provided in return for airport charges could take place as part of the regular consultation.

               (17)

               Different systems exist in different Member States concerning the pre-financing of airport investments. In Member States where pre-financing occurs, Member States or airport managing bodies should refer to ICAO policies and/or establish their own safeguards.

               (18)

               This Directive should be without prejudice to the Treaty, in particular Articles 81 to 89 thereof.

               (19)

               Since the objective of this Directive, namely to set common principles for the levying of airport charges at Community airports, cannot be sufficiently achieved by the Member States as systems of airport charges can not be put in place at national level in a uniform way throughout the Community and can therefore, by reason of its scale and effects, 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,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   1.   This Directive sets common principles for the levying of airport charges at Community airports.
   2.   This Directive shall apply to any airport located in a territory subject to the Treaty and open to commercial traffic whose annual traffic is over five million passenger movements and to the airport with the highest passenger movement in each Member State.
   3.   Member States shall publish a list of the airports on their territory to which this Directive applies. This list shall be based on data from the Commission (Eurostat) and shall be updated annually.
   4.   This Directive shall not apply to the charges collected for the remuneration of en route and terminal air navigation services in accordance with Regulation (EC) No 1794/2006, or to the charges collected for the remuneration of groundhandling services referred to in the Annex to Directive 96/67/EC, or to the charges levied for the funding of assistance to disabled passengers and passengers with reduced mobility referred to in Regulation (EC) No 1107/2006.
   5.   This Directive shall be without prejudice to the right of each Member State to apply additional regulatory measures that are not incompatible with this Directive or other relevant provisions of Community law with regard to any airport managing body located in its territory. This may include economic oversight measures, such as the approval of charging systems and/or the level of charges, including incentive-based charging methods or price cap regulation.
   Article 2
   Definitions
   For the purposes of this Directive:

               1.

               ‘airport’ means any land area specifically adapted for the landing, taking-off and manoeuvring of aircraft, including the ancillary installations which these operations may involve for the requirements of aircraft traffic and services, including the installations needed to assist commercial air services;

               2.

               ‘airport managing body’ means a body which, in conjunction with other activities or not as the case may be, has as its objective under national laws, regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned;

               3.

               ‘airport user’ means any natural or legal person responsible for the carriage of passengers, mail and/or freight by air to or from the airport concerned;

               4.

               ‘airport charge’ means a levy collected for the benefit of the airport managing body and paid by the airport users for the use of facilities and services, which are exclusively provided by the airport managing body and which are related to landing, take-off, lighting and parking of aircraft, and processing of passengers and freight;

               5.

               ‘airport network’ means a group of airports duly designated as such by the Member State and operated by the same airport managing body.

         Article 3
   Non-discrimination
   Member States shall ensure that airport charges do not discriminate among airport users, in accordance with Community law. This does not prevent the modulation of airport charges for issues of public and general interest, including environmental issues. The criteria used for such a modulation shall be relevant, objective and transparent.
   Article 4
   Airport network
   Member States may allow the airport managing body of an airport network to introduce a common and transparent airport charging system to cover the airport network.
   Article 5
   Common charging systems
   After having informed the Commission and in accordance with Community law, Member States may allow an airport managing body to apply a common and transparent charging system at airports serving the same city or conurbation, provided that each airport fully complies with the requirements on transparency set out in Article 7.
   Article 6
   Consultation and remedy
   1.   Member States shall ensure that a compulsory procedure for regular consultation between the airport managing body and airport users or the representatives or associations of airport users is established with respect to the operation of the system of airport charges, the level of airport charges and, as appropriate, the quality of service provided. Such consultation shall take place at least once a year, unless agreed otherwise in the latest consultation. Where a multi-annual agreement between the airport managing body and the airport users exists, the consultations shall take place as foreseen in such agreement. Member States shall retain the right to request more frequent consultations.
   2.   Member States shall ensure that, wherever possible, changes to the system or the level of airport charges are made in agreement between the airport managing body and the airport users. To that end, the airport managing body shall submit any proposal to modify the system or the level of airport charges to the airport users, together with the reasons for the proposed changes, no later than four months before they enter into force, unless there are exceptional circumstances which need to be justified to airport users. The airport managing body shall hold consultations on the proposed changes with the airport users and take their views into account before a decision is taken. The airport managing body shall normally publish its decision or recommendation no later than two months before its entry into force. The airport managing body shall justify its decision with regard to the views of the airport users in the event that no agreement on the proposed changes is reached between the airport managing body and the airport users.
   3.   Member States shall ensure that in the event of a disagreement over a decision on airport charges taken by the airport managing body, either party may seek the intervention of the independent supervisory authority referred to in Article 11 which shall examine the justifications for the modification of the system or the level of airport charges.
   4.   A modification of the system or the level of airport charges decided upon by the airport managing body shall, if brought before the independent supervisory authority, not take effect until that authority has examined the matter. The independent supervisory authority shall, within four weeks of the matter being brought before it, take an interim decision on the entry into force of the modification of airport charges, unless the final decision can be taken within the same deadline.
   5.   A Member State may decide not to apply paragraphs 3 and 4 in relation to changes to the level or the structure of the airport charges at those airports for which:

               (a)

               there is a mandatory procedure under national law whereby airport charges, or their maximum level, shall be determined or approved by the independent supervisory authority; or

               (b)

               there is a mandatory procedure under national law whereby the independent supervisory authority examines, on a regular basis or in response to requests from interested parties, whether such airports are subject to effective competition. Whenever warranted on the basis of such an examination, the Member State shall decide that the airport charges, or their maximum level, shall be determined or approved by the independent supervisory authority. This decision shall apply for as long as is necessary on the basis of the examination conducted by that authority.

         The procedures, conditions and criteria applied for the purpose of this paragraph by the Member State shall be relevant, objective, non-discriminatory and transparent.
   Article 7
   Transparency
   1.   Member States shall ensure that the airport managing body provides each airport user, or the representatives or associations of airport users, every time consultations referred to in Article 6(1) are to be held with information on the components serving as a basis for determining the system or the level of all charges levied at each airport by the airport managing body. The information shall include at least:

               (a)

               a list of the various services and infrastructure provided in return for the airport charge levied;

               (b)

               the methodology used for setting airport charges;

               (c)

               the overall cost structure with regard to the facilities and services which airport charges relate to;

               (d)

               the revenue of the different charges and the total cost of the services covered by them;

               (e)

               any financing from public authorities of the facilities and services which airport charges relate to;

               (f)

               forecasts of the situation at the airport as regards the charges, traffic growth and proposed investments;

               (g)

               the actual use of airport infrastructure and equipment over a given period; and

               (h)

               the predicted outcome of any major proposed investments in terms of their effects on airport capacity.

         2.   Member States shall ensure that airport users submit information to the airport managing body before every consultation, as provided for in Article 6(1), concerning in particular:

               (a)

               forecasts as regards traffic;

               (b)

               forecasts as to the composition and envisaged use of their fleet;

               (c)

               their development projects at the airport concerned; and

               (d)

               their requirements at the airport concerned.

         3.   Subject to national legislation, the information provided on the basis of this Article shall be considered as confidential or economically sensitive and handled accordingly. In the case of airport managing bodies that are quoted on the stock exchange, stock exchange regulations in particular shall be complied with.
   Article 8
   New infrastructure
   Member States shall ensure that the airport managing body consults with airport users before plans for new infrastructure projects are finalised.
   Article 9
   Quality standards
   1.   In order to ensure smooth and efficient operations at an airport, Member States shall take the necessary measures to allow the airport managing body and the representatives or associations of airport users at the airport to enter into negotiations with a view to concluding a service level agreement with regard to the quality of service provided at the airport. These negotiations on service quality may take place as part of the consultations referred to in Article 6(1).
   2.   Any such service level agreement shall determine the level of the service to be provided by the airport managing body which takes into account the actual system or the level of airport charges and the level of service to which airport users are entitled in return for airport charges.
   Article 10
   Differentiation of services
   1.   Member States shall take the necessary measures to allow the airport managing body to vary the quality and scope of particular airport services, terminals or parts of terminals, with the aim of providing tailored services or a dedicated terminal or part of a terminal. The level of airport charges may be differentiated according to the quality and scope of such services and their costs or any other objective and transparent justification. Without prejudice to Article 3, airport managing bodies shall remain free to set any such differentiated airport charges.
   2.   Member States shall take the necessary measures to allow any airport user wishing to use the tailored services or dedicated terminal or part of a terminal, to have access to these services and terminal or part of a terminal.
   In the event that more airport users wish to have access to the tailored services and/or a dedicated terminal or part of a terminal than is possible due to capacity constraints, access shall be determined on the basis of relevant, objective, transparent and non-discriminatory criteria. These criteria may be set by the airport managing body and Member States may require these criteria to be endorsed by the independent supervisory authority.
   Article 11
   Independent supervisory authority
   1.   Member States shall nominate or establish an independent authority as their national independent supervisory authority in order to ensure the correct application of the measures taken to comply with this Directive and to assume, at least, the tasks assigned under Article 6. Such an authority may be the same as the entity entrusted by a Member State with the application of the additional regulatory measures referred to in Article 1(5), including with the approval of the charging system and/or the level of airport charges, provided that it meets the requirements of paragraph 3 of this Article.
   2.   In compliance with national law, this Directive shall not prevent the independent supervisory authority from delegating, under its supervision and full responsibility, the implementation of this Directive to other independent supervisory authorities, provided that implementation takes place in accordance with the same standards.
   3.   Member States shall guarantee the independence of the independent supervisory authority by ensuring that it is legally distinct from and functionally independent of any airport managing body and air carrier. Member States that retain ownership of airports, airport managing bodies or air carriers or control of airport managing bodies or air carriers shall ensure that the functions relating to such ownership or control are not vested in the independent supervisory authority. Member States shall ensure that the independent supervisory authority exercises its powers impartially and transparently.
   4.   Member States shall notify the Commission of the name and address of the independent supervisory authority, its assigned tasks and responsibilities, and of the measures taken to ensure compliance with paragraph 3.
   5.   Member States may establish a funding mechanism for the independent supervisory authority, which may include levying a charge on airport users and airport managing bodies.
   6.   Member States shall ensure, in respect of disagreements referred to in Article 6(3), that measures are taken to:

               (a)

               establish a procedure for resolving disagreements between the airport managing body and the airport users;

               (b)

               determine the conditions under which a disagreement may be brought to the independent supervisory authority. The authority shall, in particular, dismiss complaints which it deems are not properly justified or adequately documented; and

               (c)

               determine the criteria against which disagreements will be assessed for resolution.

         These procedures, conditions and criteria shall be non-discriminatory, transparent and objective.
   7.   When undertaking an investigation into the justification for the modification of the system or the level of airport charges as set out in Article 6, the independent supervisory authority shall have access to necessary information from the parties concerned and shall be required to consult the parties concerned in order to reach its decision. Without prejudice to Article 6(4), it shall issue a final decision as soon as possible, and in any case within four months of the matter being brought before it. This period may be extended by two months in exceptional and duly justified cases. The decisions of the independent supervisory authority shall have binding effect, without prejudice to parliamentary or judicial review, as applicable in the Member States.
   8.   The independent supervisory authority shall publish an annual report concerning its activities.
   Article 12
   Report and revision
   1.   The Commission shall submit to the European Parliament and the Council, by 15 March 2013, a report on the application of this Directive assessing progress made in attaining its objective as well as, where appropriate, any suitable proposal.
   2.   Member States and the Commission shall cooperate in the application of this Directive, particularly as regards the collection of information for the report referred to in paragraph 1.
   Article 13
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 March 2011. They shall forthwith inform the Commission thereof.
   When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by 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 14
   Entry into force
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 15
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         A. VONDRA

      (1)  OJ C 10, 15.1.2008, p. 35.

      (2)  OJ C 305, 15.12.2007, p. 11.

      (3)  Opinion of the European Parliament of 15 January 2008 (not yet published in the Official Journal), Council Common Position of 23 June 2008 (OJ C 254 E, 7.10.2008, p. 18) and Position of the European Parliament of 23 October 2008 (not yet published in the Official Journal). Council Decision of 19 February 2009.

      (4)  OJ L 341, 7.12.2006, p. 3.

      (5)  OJ L 272, 25.10.1996, p. 36.

      (6)  OJ L 204, 26.7.2006, p. 1.


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31992L0016

Council Directive 92/16/EEC of 16 March 1992 amending Directive 89/299/EEC on the credit institution's own funds

Official Journal L 075 , 21/03/1992 P. 0048 - 0050 Finnish special edition: Chapter 6 Volume 3 P. 0125  Swedish special edition: Chapter 6 Volume 3 P. 0125

COUNCIL DIRECTIVE 92/16/EEC  of 16 March 1992  amending Directive 89/299/EEC on the credit institution's own fundsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular the first and third sentences of Article 57 (2) thereof,  Having regard to Council Directive 89/299/EEC of 17 April 1989 on the own funds of credit institutions (1), in which the eligible elements of the said own funds and the way they are calculated are defined,  Having regard to the proposal from the Commission (2),  In cooperation with the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  Whereas Article 4 (1) of Directive 89/299/EEC permits joint and several commitments of borrowers in the case of credit institutions organized as cooperative societies or funds to be treated as own funds items under Article 2 (1), point 7, of the said  Directive; whereas no provision of the said Directive deals with the treatment of such commitments in cases where a credit institution organized as a cooperative society or a fund is converted into a public limited liability company;  Whereas the Danish Government has expressed a strong interest in having its few mortgage credit institutions organized as cooperative societies or funds converted into public limited liability companies; whereas, in order to facilitate the conversion or  to make it possible, a temporary derogation allowing them to include part of their joint and several commitments as own funds is required; whereas this temporary derogation should not adversely affect competition between credit institutions;  Whereas, in adopting Directive 89/299/EEC, the Council reserved for itself the implementing powers to make technical adjustments; whereas the Commission undertook to make a proposal for a definitive solution to this problem which takes account of the  special characteristics of the banking sector and which permits the introduction of a more suitable procedure for the implementation of the said Directive;  Whereas implementing powers of the same nature as those the Council reserved for itself in Directive 89/299/EEC were conferred on the Commission in the Second Council Directive, 89/646/EEC, of 15 December 1989 on the coordination of laws, regulations  and administrative provisions relating to the taking up and pursuit of the business of credit institutions and amending Directive 77/780/EEC (5);  Whereas, taking into account the specific characteristics of the banking sector, it is appropriate to give the Committee provided for in Article 22 of the Second Banking Directive the role of assisting the Commission in exercising the powers conferred  on it in accordance with the procedural rules laid down in Article 2, procedure III (b), of Council Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission (6),  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 89/299/EEC is hereby amended as follows:  1. The following Article shall be inserted:  'Article 4a  Denmark may allow its mortgage credit institutions organized as cooperative societies or funds before 1 January 1990 and converted into public limited liability companies to continue to include joint and several commitments of members, or of borrowers  as referred to in Article 4 (1) claims on whom are treated in the same way as such joint and several commitments, in their own funds, subject to the following limits:  (a) the basis for calculation of the part of joint and several commitments of borrowers shall be the total of the items referred to in Article 2 (1), points 1 and 2, minus those referred to in Article 2 (1), points 9, 10 and 11;  (b) the basis for calculation on 1 January 1991 or, if converted at a later date, on the date of conversion, shall be the maximum basis for calculation. The basis for calculation may never exceed the maximum basis for calculation;  (c) the maximum basis for calculation shall, from 1 January 1997, be reduced by half of the proceeds from any issue of new capital, as defined in Article 2 (1), point 1, made after that date; and  (d) the maximum amount of joint and several commitments of borrowers to be included as own funds must never exceed:  50 % in 1991 and 1992,  45 % in 1993 and 1994,  40 % in 1995 and 1996,  35 % in 1997,  30 % in 1998,  20 % in 1999,  10 % in 2000, and  0 % after 1 January 2001,  of the basis for calculation;'  2. Article 8 shall be replaced by the following:  'Article 8  1. Without prejudice to the report referred to in the second subparagraph of Article 2 (2), technical adaptations to be made to this Directive in the following areas shall be adopted in accordance with the procedure laid down in paragraph 2:  - clarification of the definitions to ensure uniform application of this Directive throughout the Community,  - clarification of the definitions in order to take account in the implementation of this Directive of developments on financial markets, and  - the alignment of terminology on, and the framing of definitions in accordance with, subsequent acts on credit institutions and related matters.  2. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by a representative of the Commission.  The Commission representative 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 representatives of the Member States in the committee shall  be weighted in the manner set out in that Article. The chairman shall not vote.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.  If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal concerning the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission, save where the Council has decided against the said measures by a simple  majority.'  Article 2  1. Member States shall put into effect the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1993. They shall forthwith inform the Commission thereof.  When Member States adopt the measures referred to in the first subparagraph, 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 laid down by the Member States.  2. Member States shall communicate to the Commission the text of the essential provisions of internal law which they adopt in the field governed by this Directive.  Article 3  This Directive is addressed to the Member States. Done at Brussels, 16 March 1992.For the Council  The President  Jorge BRAGA DE MACEDO   (1) OJ No L 124, 5. 5. 1989, p. 16.(2) OJ No C 172, 3. 7. 1991, p. 3.(3) OJ No C 13, 20. 1. 1992 (Decision of 12 February 1992 not yet published in the Official Journal).(4) OJ No C 339, 31. 12. 1991, p. 2.(5) OJ No L 386, 30. 12. 1989, p.  1.(6) OJ No L 197, 18. 7. 1987, p. 33.


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31985L0572

Council Directive 85/572/EEC of 19 December 1985 laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs

Official Journal L 372 , 31/12/1985 P. 0014 - 0021 Finnish special edition: Chapter 13 Volume 15 P. 0003  Spanish special edition: Chapter 13 Volume 19 P. 0041  Swedish special edition: Chapter 13 Volume 15 P. 0003  Portuguese special edition Chapter 13 Volume 19 P. 0041

 COUNCIL DIRECTIVE    of 19 December 1985    laying down the list of simulants to be used for   testing migration of constituents of plastic materials   and articles intended to come into contact with   foodstuffs     ( 85/572/EEC )    THE COUNCIL OF THE EUROPEAN COMMUNITIES ,    Having regard to the Treaty establishing the European   Economic Community ,    Having regard to Council Directive 82/711/EEC of 18   October 1982 laying down the basic rules necessary for   testing migration of the constituents of plastic materials   and articles intended to come into contact with   foodstuffs (1) , and in particular Article 2 ( 3 )   thereof ,    Having regard to the proposal from the Commission (2) ,    Having regard to the opinion of the European   Parliament (3) ,    Having regard to the opinion of the Economic and   Social Committee (4) ,    Whereas , by virtue of Article 2 ( 3 ) of , together with   the first indent of Chapter 1 ( 2 ) of the Annex to   Directive 82/711/EEC , appropriate simulants to carry out   migration tests should be indicated for plastic materials   and articles intended to come into contact with a single   foodstuff or a specific group of foodstuffs ;    Whereas the possibility should not be excluded , where   necessary , of making use of methods for testing   migration other than those laid down in this Directive ;    Whereas , in determining appropriate simulants , account   must be taken in particular of the chemical composition   of the foodstuff and its physical properties ;    Whereas , for some foodstuffs containing fat , the result   obtained in migration tests with the simulant is higher   than that obtained in migration tests with the foodstuff   itself and whereas therefore the result should be   corrected by applying a " reduction factor " appropriate to   the particular situation ; whereas in certain specific   cases , particularly that of materials and objects in   contact with foodstuffs with fatty substances on the   surface , the existence of appropriate methods of   analysis is essential for implementation of this Directive ;    Whereas the adaptation of this Directive to technical   progress constitutes an implementing measure , the   adoption of which , in order to simplify and accelerate   the procedure , should in principle be the responsibility of   the Commission ;    Whereas in all cases in which the Council confers on the   Commission authority to implement the provisions   relating to plastic materials and articles intended to come   into contact with foodstuffs , a procedure should be laid   down establishing close cooperation between Member   States and the Commission within the Standing   Committee for Foodstuffs , set up under Decision   69/414/EEC (5) ,    HAS ADOPTED THIS DIRECTIVE :    Article 1    Pursuant to Article 2 ( 3 ) of Directive 82/711/EEC , the   simulants to be used for testing migration of the   constituents of plastic materials and articles intended to   come into contact with a single foodstuff or specific   group of foodstuffs and the concentration of these   simulants shall be those indicated in the Annex .    Article 2    Notwithstanding Article 1 , the list of substances or   materials whose use is authorized to the exclusion of all   others may lay down procedures testing migration of   particular constituents of plastic materials and articles   which differ from those laid down in the Annex where   this is appropriate .    Article 3    Adaptations to be made to the Annex to this Directive in   the light of progress in scientific and technical   knowledge shall be adopted in accordance with the   procedure laid down in Article 10 of Directive   76/893/EEC (6) .    Article 4    Member States shall take all measures necessary to   comply with this Directive not later than such time as   they take the measures to implement Directive   82/711/EEC .    Article 5    This Directive is addressed to the Member States .    Done at Brussels , 19 December 1985 .    For the Council    The President    M. FISCHBACH    (1) OJ No L 297 , 23 . 10 . 1982 , p. 26 .    (2) OJ No C 102 , 14 . 4 . 1984 , p. 4 .    (3) OJ No C 175 , 15 . 7 . 1985 , p. 299 .    (4) OJ No C 25 , 28 . 1 . 1985 , p. 6 .    (5) OJ No L 291 , 19 . 11 . 1969 , p. 9 .    (6) OJ No L 340 , 9 . 12 . 1976 , p. 19 .    ANNEX    LIST OF SIMULANTS    1 . In the following tables , which make up a   non-exhaustive list of foodstuffs , the simulants to   be used in migration tests with a particular foodstuff   or group of foodstuffs are identified by the letters   shown :    Simulant A :    distilled water or water of equivalent quality ;    Simulant B :    3 % acetic acid ( w/v ) in aqueous solution ;    Simulant C :    15 % ethanol ( v/v ) in aqueous solution ;    Simulant D :    rectified olive oil (1) ; if for technical reasons   connected with the method of analysis it is necessary   to use different simulants , olive oil must be   replaced by a mixture of synthetic triglycerides (2) , or   by sunflower oil (3) .    2 . For each foodstuff or group of foodstuffs , only   the simulant(s) indicated by an " X " is ( are )   to be used , using for each simulant , a new sample   of the materials and subject concerned . Where no " X "   appears , no migration test is required for the   heading or subheading concerned .    3 . When " X " is followed by an oblique stroke and   a figure , the result of the migration tests should   be divided by the number indicated . In the case of   certain types of fatty foodstuffs this figure , known   as the " reduction factor " , is conventionally used   to take account of the greater extractive capacity   of the simulant for such foodstuffs .    4 . Where the letter " a " is shown in brackets after   the " X " , only one of the two simulants given should   be used :     - if the pH value of the foodstuff is higher than   4,5 , simulant A should be used ,     - if the pH value of the foodstuff is 4,5 , or less ,   simulant B should be used .    5 . Where a foodstuff is listed under both a   specific and a general heading , only the simulant(s)   indicated under the specific heading is ( are ) to be used .    (1) Characteristics of rectified olive oil    Iodine value ( Wijs ) = 80 to 88    Refractive index at 25 ° C = 1,4665 to 1,4679    Acidity ( expressed as % oleic acid ) = 0,5 % maximum    Peroxide number ( expressed as oxygen milliequivalents   per kg of oil ) = 10 maximum    (2) Composition of the synthetic triglycerides mixture    Fatty acid distribution    Number of C-atoms in fatty acid residue * 6 * 8 * 10 *   12 * 14 * 16 * 18 * others *    GLC area [ % ] * ~ 1 * 6 to 9 * 8 to 11 *   45 to 52 * 12 to 15 * 8 to 10 * 8 to 12 * * 1 *    Purity    Content of monoglycerides ( enzymatically ) * 0,2 %    Content of diglycerides ( enzymatically ) * 2,0 %    Unsaponifiable matter * 0,2 %    Iodine value ( Wijs ) * 0,1 %    Acid value * 0,1 %    Water content ( K. Fischer ) * 0,1 %    Melting point 28 ± 2 ° C    Typical absorption spectrum ( thickness of layer :   d = 1 cm ; reference : water = 35 ° C )    Wavelength ( nm ) * 290 * 310 * 330 * 350 * 370 *   390 * 430 * 470 * 510 *    Transmittance ( % ) * ~ 2 * ~ 15 * ~ 37 * ~ 64 *   ~ 80 * ~ 88 * ~ 95 * ~ 97 * ~ 98 *    At least 10 % light transmittance at 310 nm   ( cell of 1 cm , reference : water 35 ° C )    (3) Characteristics of sunflower oil    Iodine value ( Wijs ) = 120 to 145    Refractive index at 20 ° C = 1,474 to 1,476    Saponification number = 188 to 193    Relative density at 20 ° C = 0,918 to 0,925    Unsaponifiable matter = 0,5 % to 1,5 %    TABLE    Reference number * Description of foodstuffs *   Simulants to be used *     * * A * B * C * D *    01 * Beverages * * * * *    01.01 * Non-alcoholic beverages or alcoholic beverages   of an alcoholic strength lower than 5 % vol. : * * * * *     * Waters , ciders , fruit or vegetable juices of normal   strength or concentrated , musts , fruit nectars ,   lemonades and mineral waters , syrups , bitters , infusions ,   coffee , tea , liquid chocolate , beers and other *   X (a) * X (a) * * *    01.02 * Alcoholic beverages of an alcoholic strength equal   to or exceeding 5 % vol. : * * * * *     * Beverages shown under heading 01.01 but with an   alcoholic strength equal to or exceeding 5 % vol. : * * * * *     * Wines , spirits and liqueurs * * X (1) * X (2) * *    01.03 * Miscellaneous : undenatured ethyl   aclcohol * * X (1) * X (2) * *    02 * Cereals , cereal products , pastry , biscuits ,   cakes and other bakers' wares * * * * *    02.01 * Starches * * * * *    02.02 * Cereals , unprocessed , puffed , in flakes ,   ( including popcorn , corn flakes and the like ) * * * * *    02.03 * Cereal flour and meal * * * * *    02.04 * Macaroni , spaghetti and similar   products * * * * *    02.05 * Pastry , biscuits , cakes and , other bakers'   wares , dry : * * * * *     * A . With fatty substances on the surface * * * * X/5 *     * B . Other * * * * *    02.06 * Pastry , cakes and other bakers' wares ,   fresh : * * * * *     * A . With fatty substances on the surface * * * * X/5 *     * B . Other * X * * * *    03 * Chocolate , sugar and products thereof Confectionery   products * * * * *    03.01 * Chocolate , chocolate-coated products ,   substitutes and products coated with substitutes * * *   * X/5 *    03.02 * Confectionery products : * * * * *     * A . In solid form : * * * * *     * I . With fatty substances on the surface * * * * X/5 *     * II . Other * * * * *    Reference number * Description of foodstuffs *   Simulants to be used *     * * A * B * C * D *    03.02 ( continued ) * B . In paste form : * * * * *     * I . With fatty substances on the surface * * * * X/3 *     * II . Moist * X * * * *    03.03 * Sugar and sugar products : * * * * *     * A . In solid form *  * * *     * B . Honey and the like * X * * * *     * C . Molasses and sugar syrups * X * * * *    04 * Fruit , vegetables and products thereof * * * * *    04.01 * Whole fruit , fresh or chilled * * * * *    04.02 * Processed fruit : * * * * *     * A . Dried or dehydrated fruit , whole or in the   form of flour or powder * * * * *     * B . Fruit in the form of chunks , purée or   paste * X (a) * X (a) * * *     * C . Fruit preserves ( jams and similar products -   whole fruit or chunks or in the form of flour or powder ,   preserved in a liquid medium ) : * * * * *     * I . In an aqueous medium * X (a) * X (a) * * *     * II . In an oily medium * X (a) * X (a) * * X *     * III . In an alcoholic medium ( * 5 % vol. ) * *   X (3) * X * *    04.03 * Nuts ( peanuts , chestnuts , almonds ,   hazelnuts , walnuts , pine kernels and other ) : * * * * *     * A . Shelled , dried * * * * *     * B . Shelled and roasted * * * * X/5 (4) *     * C . In paste or cream form  X * * * X/3 (4) *    04.04 * Whole vegetables , fresh or chilled * * * * *    04.05 * Processed vegetables : * * * * *     * A . Dried or dehydrated vegetables whole or in the   form of flour or powder * * * * *     * B . Vegetables , cut , in the form of purées *   X (a) * X (a) * * *     * C . Preserved vegetables : * * * * *     * I . In an aqueous medium * X (a) * X (a) * * *     * II . In an oily medium * X (a) * X (a) * * X *     * III . In an alcoholic medium ( * 5 % vol. ) * *   X (3) * X * *    05 * Fats and oils * * * * *    05.01 * Animals and vegetable fats and oils , whether   natural or treated ( including cocoa butter , lard ,   resolidified butter ) * * * * X *    05.02 * Margarine , butter and other fats and oils   made from water emulsions in oil * * * * X/2 *    Reference number * Description of foodstuffs *   Simulants to be used *     * * A * B * C * D *    06 * Animal products and eggs * * * * *    06.01 * Fish : * * * * *     * A . Fresh , chilled , salted , smoked * X * * *   X/3 (5) *     * B . In the form of paste * X * * * X/3 (5) *    06.02 * Crustaceans and molluscs ( including oysters ,   mussels , snails ) not naturally protected by their   shells * X * * * *    06.03 * Meat of all zoological species ( including   poultry and game ) : * * * * *     * A . Fresh , chilled , salted , smoked * X * * *   X/4 *     * B . In the form of paste , creams * X * * * X/4 *    06.04 * Processed meat products ( ham , salami ,   bacon and other ) * X * * * X/4 *    06.05 * Preserved and part-preserved meat and fish : *   * * * *     * A . In an aqueous medium * X (a) * X (a) * * *     * B . In an oily medium * X (a) * X (a) * * X *    06.06 * Eggs not in shell : * * * * *     * A . Powdered or dried * * * * *     * B . Other * X * * * *    06.07 * Egg yolks : * * * * *     * A . Liquid * X * * * *     * B . Powdered or frozen * * * * *    06.08 * Dried white of egg * * * * *    07 * Milk products * * * * *    07.01 * Milk : * * * * *     * A . Whole * X * * * *     * B . Partly dried * X * * * *     * C . Skimmed or partly skimmed * X * * * *     * D . Dried * * * * *    07.02 * Fermented milk such as yoghourt , buttermilk   and such products in association with fruit and fruit   products * * X * * *    07.03 * Cream and sour cream * X (a) * X (a) * * *    07.04 * Cheeses : * * * * *     * A . Whole , with rind * * * * *     * B . Processed cheeses * X (a) * X (a) * * *     * C . All others * X (a) * X (a) * * X/3 (5) *    Reference number * Description of foodstuffs *   Simulants to be used *     * * A * B * C * D *    07.05 * Rennet : * * * * *     * A . In liquid or viscous form * X (a) * X (a) * * *     * B . Powdered or dried * * * * *    08 * Miscellaneous products * * * * *    08.01 * Vinegar * * X * * *    08.02 * Fried or roasted foods : * * * * *     * A . Fried potatoes , fritters and the like * * * *   X/5 *     * B . Of animal origin * * * * X/4 *    08.03 * Preparations for soups , broths , in liquid ,   solid or powder form ( extracts , concentrates ) ;   homogenized composite food preparations , prepared   dishes : * * * * *     * A . Powdered or dried : * * * * *     * I . With fatty substances on the surface * * * * X/5 *     * II . Other * * * * *     * B . Liquid or paste : * * * * *     * I . With fatty substances on the surface * X (a) *   X (a) * * X/3 *     * II . Other * X (a) * X (a) * * *    08.04 * Yeasts and raising agents : * * * * *     * A . In paste form * X (a) * X (a) * * *     * B . Dried * * * * *    08.05 * Salt * * * * *    08.06 * Sauces : * * * * *     * A . Without fatty substances on the surface *   X (a) * X (a) * * *     * B . Mayonnaise , sauces derived from mayonnaise ,   salad creams and other oil in water emulsions *   X (a) * X (a) * * X/3 *     * C . Sauce containing oil and water forming two   distinct layers * X (a) * X (a) * * X *    08.07 * Mustard ( except powdered mustard under heading   08.17 ) * X (a) * X (a) * * X/3 (6) *    08.08 * Sandwiches , toasted bread and the like   containing any kind of foodstuff : * * * * *     * A . With fatty substances on the surface * * * * X/5 *     * B . Other * * * * *    08.09 * Ice-creams * X * * * *    08.10 * Dried foods : * * * * *     * A . With fatty substances on the surface * * * * X/5 *     * B . Other * * * * *    Reference number * Description of foodstuffs *   Simulants to be used *     * * A * B * C * D *    08.11 * Frozen or deep-frozen foods * * * * *    08.12 * Concentrated extracts of an alcoholic   strength equal to or exceeding 5 % vol * * X (8) * X * *    08.13 * Cocoa : * * * * *     * A . Cocoa powder * * * * X/5 (7) *     * B . Cocoa paste * * * * X/3 (7) *    08.14 * Coffee , whether or not roasted , decaffeinated   or soluble , coffee substitutes , granulated or   powdered * * * * *    08.15 * Liquid coffee extracts * X * * * *    08.16 * Aromatic herbs and other herbs : * * * * *     * camomile , mallow , mint , tea , lime blossom and   others * * * * *    08.17 * Spices and seasonings in the natural state : *   * * * *     * cinnamon , cloves , powdered mustard , pepper ,   vanilla , saffron and other * * * * *    (1) This test shall be carried out only in cases   where the pH is 4,5 or less .    (2) This test may be carried out in the case of   liquids or beverages of an alcoholic strength exceeding   15 % vol. with aqueous solutions of ethanol of a   similar strength .    (3) This test is to be used only where the pH is   4,5 or less .    (4) If it can be demonstrated by means of an   appropriate test that there is no " fatty contact "   with the plastic , the test with simulant D may be   dispensed with .    (5) If it can be demonstrated by means of an   appropriate test that there is no " fatty contact "   with the plastic , the test with simulant D may be   dispensed with .    (6) If it can be demonstrated by means of an   appropriate test that there is no " fatty contact "   with the plastic , the test with simulant D may be   dispensed with .    (7) If it can be demonstrated by means of an   appropriate test that there is no " fatty contact " with   the plastic , the test with simulant D may be   dispensed with .    (8) This test is to be used only where the pH is   4,5 or less .


Avis juridique important

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31994L0012

Directive 94/12/EC of the European Parliament and the Council of 23 March 1994 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Directive 70/220/EEC

Official Journal L 100 , 19/04/1994 P. 0042 - 0052 Finnish special edition: Chapter 13 Volume 26 P. 0044  Swedish special edition: Chapter 13 Volume 26 P. 0044

DIRECTIVE 94/12/EC OF THE EUROPEAN PARLIAMENT AND THE COUNCIL of 23  March 1994 relating to measures to be taken against air pollution by emissions from motor vehicles  and amending Directive 70/220/EECTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE  EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189b of the Treaty, Whereas measures should be adopted within the framework of the internal market; whereas the  internal market comprises an area wihout internal frontiers in which the free movement of goods,  persons, services and capital is ensured; Whereas the first programme of action of the European Community on protection of the environment  (3), approved by the Council on 22 November 1973, called for account to be taken of the latest  scientific advances in combating atmospheric pollution caused by gases emitted from motor vehicles  and for Directives adopted previously to be amended accordingly; whereas the fifth programme of  action, which in its general approach was approved by the Council in its resolution of 1 February  1993 (4), provides for additional efforts to be made for a considerable reduction in the present  level of emissions of pollutants from motor vehicles; Whereas the objective of reducing the level of pollutant emissions from motor vehicles and the  establishment and operation of the internal market for vehicles cannot be sufficiently achieved by  individual Member States and can therefore be better achieved by the approximation of the laws of  the Member States relating to measures to be taken against air pollution by motor vehicles; Whereas it is recognized that the development of transport in the Community has entailed  significant constraints for the environment; whereas a certain number of official estimates of the  increase in traffic density have proved to be lower than the official figures; whereas for that  reason stringent emission standards should be laid down for all motor vehicles; Whereas the Commission has adopted a European programme on emissions, fuels and engine technologies  (EPEFE); whereas that programme was established to ensure that proposals for future Directives on  pollutant emissions seek the best solutions both for the consumer and for the economy; whereas that  programme forms part of the contributions which can be made both by vehicles and the fuels which  propel them; Whereas Council Directive 70/220/EEC (5) which deals with the measures to be taken against air  pollution by emissions from motor vehicles, is one of the separate Directives under the  type-approval procedure laid down 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 (6); Whereas Directive 70/220/EEC lays down the limit values for carbon monoxide and unburnt hydrocarbon  emissions from the engines of such vehicles; whereas these limit values were first reduced by  Directive 74/290/EEC (7) and supplemented, in accordance with Commission Directive 77/102/EEC (8),  by limit values for permissible emissions of nitrogen oxides; whereas the limit values for these  three types of pollution were successively reduced by Commission Directives 78/665/EEC (9),  83/351/EEC (10) and 88/76/EEC (11); whereas limit values for particulate pollutant emissions from  diesel engines were introduced by Directive 88/436/EEC (12); whereas more stringent European  standards for the emissions of gaseous pollutants of motor vehicles below 1 400 cm³ were introduced  by Directive 89/458/EEC (13); whereas these standards have been extended to all passenger cars  independently of their engine capacity on the basis of an improved European test procedure  comprising an extra-urban driving cycle and, whereas requirements relating to the evaporative  emissions and to the durability of emission-related vehicle components as well as more stringent  particulate pollutant standards for motor vehicles equipped with diesel engines were introduced by  Directive 91/441/EEC (1); whereas passenger cars designed to carry more than six passengers or  having a maximum mass of more than 2 500 kg, light commercial vehicles, and off-road vehicles,  covered by the scope of Directive 70/220/EEC, which hitherto have been subject to less stringent  standards, are now, under Directive 93/59/EEC, subject to standards as stringent as those for  passenger cars, taking into account the specific conditions of such vehicles; Whereas the work undertaken by the Commission in this field has shown that the best technology  currently available to the Community industry can be further improved in order to allow passenger  cars to comply with considerably reduced emission limits; whereas the proposed standards will apply  both to the approval of new vehicle types and to checks on conformity of production, since the  amended method of sampling and statistical evaluation removes the tolerances allowed for the limit  values set under previous stages of Directive 70/220/EEC; Whereas, in the light of the worrying level of pollution caused by vehicle emissions and their role  in the formation of the gases responsible for the greenhouse effect, it is necessary to reduce  emissions, in particular CO2 emissions, in accordance with the commitment entered into under the  Framework Convention on Climate Change signed in Rio in June 1992; whereas CO2 results directly  from the combustion of carbon-based fuels; whereas CO2 emissions can principally be reduced by  lower fuel consumption; whereas this requires progress in the design of engines and vehicles and in  fuel quality; whereas all these elements will be taken into account in a subsequent proposal from  the Commission; Whereas Member States should be allowed to encourage, by means of tax incentives, the introduction  of vehicles which satisfy the requirements adopted at Community level; whereas such tax incentives  must comply with the provisions of the Treaty and satisfy certain conditions intended to avoid  distortions of the internal market; whereas the provisions of this Directive do not affect the  Member States' right to include emissions of pollutants and other substances in the basis on which  road traffic taxes on motor vehicles are calculated; Whereas the prior notification requirement of this Directive is without prejudice to notification  requirements under other provisions of Community law, notably Article 93 (3) of the Treaty; Whereas the Council should, by 30 June 1996, adopt the requirements for the stage from the year  2000 on the basis of a proposal to be submitted by the Commission by 31 December 1994 and whereas  that proposal is to be aimed at substantially reducing motor vehicle emissions; Whereas the Commission has held widespread consultations with interested parties, culminating with  the Symposium 'Auto Emissions 2000' on 21 and 22 September 1992, which showed that the present  approach, focused on exhaust emissions, must be one element in the stage beyond the implementation  of the requirements of this Directive, as part of a 'multifaceted' approach comprising all the  measures for reducing air pollution due to road traffic; whereas all the parameters which have been  identified as having a significant impact on such pollution can at present only be presented in the  form of a list; whereas the Commission will undertake the necessary analysis of environmental,  technological and cost effectiveness aspects in order to provide before end of December 1994  quantified objectives for Community measures for the year 2000; Whereas the objective of reducing the level of pollutant emissions from motor vehicles presupposes  that, when the Commission makes its proposals for measures to apply after the year 2000 and in the  light, inter alia, of the preparation of complementary technical measures as provided for in  Article 4, it will if necessary put forward target values involving a further substantial reduction  in emissions, HAVE ADOPTED THIS DIRECTIVE: Article 1 Annex I to Directive 70/220/EEC is hereby amended in accordance with the Annex to this Directive. Article 2 1. With effect from 1 July 1994 or, should this Directive fail to be published in the Official  Journal of the European Communities by 31 December 1993 at the latest, six months after it is  published, Member States shall accept compliance with the requirements of Directive 70/220/EEC, as  amended by this Directive, for the purposes of Articles 4 (1) and 7 (1) of Directive 70/156/EEC. 2. With effect from 1 January 1996, Member States may no longer grant: - EC type-approval pursuant to Article 4 (1) of Directive 70/156/EEC, or - national type-approval, unless the provisions of Article 8 (2) of Directive 70/156/EEC are  invoked, for a type of vehicle on grounds relating to air pollution by emissions if it fails to comply with  the provisions of Directive 70/220/EEC, as amended by this Directive. 3. With effect from 1 January 1997, Member States shall: - consider certificates of conformity which accompany new vehicles pursuant to Directive 70/156/EEC  as no longer valid for the purposes of Article 7 (1) of that Directive, and - refuse the registration, sale and entry into service of new vehicles which are not accompanied by  a certificate of conformity in accordance with Directive 70/156/EEC, unless the provisions of  Article 8 (2) of Directive 70/156/EEC are invoked, on grounds relating to air pollution by emissions, if the vehicles fail to comply with the  provisions of Directive 70/220/EEC, as amended by this Directive. Article 3 Member States may make provision for tax incentives only in respect of motor vehicles which comply  with Directive 70/220/EEC, as amended by this Directive. Such incentives shall comply with the  provisions of the Treaty and satisfy the following conditions: - they shall apply to all new vehicles offered for sale on the market of a Member State which  comply in advance with the requirements of Directive 70/220/EEC, as amended by this Directive, - they shall be terminated with effect from the mandatory application of the emission values laid  down in Article 2 (3) for new motor vehicles, - for each type of motor vehicle, they shall be for an amount lower than the additional cost of the  technical solutions introduced to ensure compliance with the values set and of their installation  on the vehicle. The Commission shall be informed in sufficient time of plans to institute or change the tax  incentives referred to in the first paragraph, so that it can submit its observations. Article 4 The Council, acting under the conditions laid down in the Treaty, shall decide before 30 June 1996  on proposals for a further stage of the Community's measures against air pollution caused by  emissions from motor vehicles, which the Commission will submit by 31 December 1994. The measures  shall apply from the year 2000 onwards. In these proposals the Commission shall take the following approach: - the measures shall be designed to produce effects to meet the requirements of the Community's air  quality criteria and related objectives, - an assessment of the cost effectiveness of taking each measure shall be undertaken; in this  global assessment full account shall be taken, inter alia, of the contributions that: - traffic management, for example by spreading the environmental costs appropriately, - enhanced urban public transport, - new propulsion technologies (e.g. electric transmission), - the use of alternative fuels (e.g. biofuels), could make to improving air quality, - the measures shall be proportional and reasonable in the light of the intended objectives. The proposals, taking account of the methodology outlined above and aimed at a substantial  reduction of pollutant emissions as regards the vehicles covered by this Directive, shall comprise  in particular the following elements: 1. Further improvements in the requirements of this Directive: based on the assessment of - the potential of the traditional engine and post-combustion technology, - possible improvements in the test procedure, e.g. cold-start, starting in low or wintry  temperatures, durability (e.g. in the conformity tests), evaporative emissions, - measures at the level of type-approval supporting strengthened inspection and maintenance  requirements, including, for example, on-board diagnostic systems, - the possibility of checking the conformity of vehicles in circulation, - the proportional need for: (i) specific limits for HC and NOx in addition to a cumulative limit value, and (ii) measures to cover pollutants not yet regulated. 2. Complementary technical measures in the framework of specific Directives, including: - improvements in fuel quality as far as vehicle emissions of dangerous substances (in particular  benzene) are concerned, - strengthening of the requirements of the inspection and maintenance programme. The reduced limit values which will be the subject of the new Directive shall not apply before 1  January 2000 for new type-approvals. The Council shall decide on the conditions for granting tax  incentives on the basis of these limit values. Article 5 Member States shall bring into force the laws, regulations and administrative provisions necessary  to comply with this Directive before 1 July 1994 or, should the Directive fail to be published in  the Official Journal of the European Communities by 31 December 1993, six months after it is  published. They shall forthwith inform the Commission thereof. When Member States adopt these provisions, they shall contain a reference to this Directive or  shall be accompanied by such reference on the occasion of their official publication. The methods  of making such reference shall be laid down by Member States. Article 6 This Directive is addressed to the Member States. Done at Brussels, 23 March 1994. For the European Parliament The President E. KLEPSCH For the Council The President TH. PANGALOS (1) OJ No C 56, 26. 2. 1993, p. 34. (2) OJ No C 201, 26. 7. 1993, p. 9. (3) OJ No C 112, 20. 12. 1973, p. 1. (4) OJ No C 138, 17. 5. 1993, p. 1. (5) OJ No L 76, 6. 4. 1970, p. 1. Directive as last amended by Directive 93/59/EEC (OJ No L 186,  28. 7. 1993, p. 21). (6) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by Commission Directive 93/81/EEC (OJ  264, 23. 10. 1993, p. 49). (7) OJ No L 159, 15. 6. 1974, p. 61. (8) OJ No L 32, 3. 2. 1977, p. 32. (9) OJ No L 223, 14. 8. 1978, p. 48. (10) OJ No L 197, 20. 7. 1983, p. 1. (11) OJ No L 36, 9. 2. 1988, p. 1. (12) OJ No L 214, 6. 8. 1988, p. 1. (13) OJ No L 226, 3. 8. 1989, p. 1. (1) OJ No L 242, 30. 8. 1991, p. 1.  ANNEX AMENDMENTS TO THE ANNEXES TO DIRECTIVE 70/220/EEC AS AMENDED BY DIRECTIVE  93/59/EEC ANNEX I 1. Section 3.1 reads as follows: '3.1. The application for type-approval pursuant to Article 3 of Directive 70/156/EEC of a vehicle  type with regard to its tailpipe emissions, evaporative emissions and durability of antipollution  devices is submitted by the vehicle manufacturer.' 2. Section 4 reads as follows: '4. GRANTING OF EC-TYPE-APPROVAL 4.1. If the relevant requirements are satisfied, EEC type-approval shall be granted pursuant to  Article 4 (3) of Diretive 70/156/EEC. 4.2. A model for the EC-type-approval certificate is given in Annex IX.' 3. Section 5.3.1.4 The column titles and the first line of the table relating to vehicles of category M are replaced  by the following: '>TABLE>' 4. Section 7 reads as follows: '7. CONFORMITY OF PRODUCTION 7.1. Measures to ensure the conformity of production must be taken in accordance with the  provisions of Article 10 of Directive 70/156/EEC. Conformity of production is checked on the basis of the description in the type-approval  certificate set out in Annex IX to this Directive. If the authority is not satisfied with the auditing procedure of the manufacturer, then Sections  2.4.2 and 2.4.3 of Annex X to Directive 70/156/EEC are applicable. 7.1.1. If a type I test is to be carried out and a vehicle type-approval has one or several  extensions, the tests will be carried out on the vehicle(s) described in the original technical  file. 7.1.1.1. Checking the conformity of the vehicle for a type I test. After selection by the authority, the manufacturer must not undertake any adjustment to the  vehicles selected. 7.1.1.1.1. Three vehicles are selected at random in the series and are tested as described in  Section 5.3.1 of this Annex. The deterioration factors are used in the same way. The limit values  are given in Section 5.3.1.4 of this Annex. 7.1.1.1.2. If the authority is satisfied with the production standard deviation given by the  manufacturer in accordance with Annex X to Directive 70/156/EEC, the tests are carried out  according to Appendix 1 of this Annex. If the authority is not satisfied with the production standard deviation given by the manufacturer  in accordance with Annex X to Directive 70/156/EEC, the tests are carried out according to Appendix  2 of this Annex. 7.1.1.1.3. The production of a series is deemed to conform or not to conform on the basis of a  sampling test of the vehicles once a pass decision is reached for all the pollutants or a fail  decision is reached for one pollutant, according to the test criteria applied in the appropriate  appendix. When a pass decision has been reached for one pollutant, that decision will not be changed by any  additional tests carried out to reach a decision for the other pollutants. If no pass decision is reached for all the pollutants and no fail decision is reached for one  pollutant, a test is carried out on another vehicle (see Figure I/7). 7.1.1.2. Notwithstanding the requirements of Section 3.1.1 of Annex III, the tests will be carried  out on vehicles coming straight off the production line. 7.1.1.2.1. However, at the request of the manufacturer, the tests may be carried out on vehicles  which have completed: - a maximum of 3 000 km for vehicles equipped with a positive ignition engine, - a maximum of 15 000 km for vehicles equipped with a compression ignition engine, In both these cases, the running-in procedure will be conducted by the manufacturer, who must  undertake not to make any adjustments to these vehicles. >START OF GRAPHIC>Test of three vehicles Computation of the test statistic According to the  appropriate Appendix does the test statistic agree with the criteria for failing the series for at  least one pollutant? YES Series rejected NO NO According to the appropriate Appendix does the test  statistic agree with the criteria for passing the series for at least one pollutant? YES A pass  decision is reached for one or more pollutants Is a pass decision reached for all the pollutants?  YES Series accepted NO Test of an additional vehicle Figure I.7 >END OF GRAPHIC>7.1.1.2.2. If the  manufacturer wishes to run in the vehicles, ("x" km, where x ≤ 3 000 km for vehicles equipped  with a positive ignition engine and x ≤ 15 000 km for vehicles equipped with a compression  ignition engine), the procedure will be as follows: - the pollutant emissions (type I) will be measured at zero and at "x" km on the first tested  vehicle, - the evolution coefficient of the emissions between zero and "x" km will be calculated for each of  the pollutants: Emissions "x" km Emissions zero km This may be less than 1, - the other vehicles will not be run in, but their zero km emissions will be multiplied by the  evolution coefficient. In this case, the values to be taken will be: - the values at 'x' km for the first vehicle, - the values at zero km multiplied by the evolution coefficient for the other vehicles. 7.1.1.2.3. All these tests may be conducted with commercial fuel. However, at the manufacturer's  request, the reference fuels described in Annex VIII may be used. 7.1.2. If a type III test is to be carried out, it must be conducted on all vehicles selected for  the type I COP test (7.1.1.1.1). The conditions laid down in 5.3.3.2 must be complied with. 7.1.3. If a type IV test is to be carried out, it must be conducted in accordance with Section 7 of  Annex VI.' Appendix 1 1. This Appendix describes the procedure to be used to verify the production  conformity for the type I test when the manufacturer's production standard deviation is  satisfactory. 2. With a minimum sample size of 3, the sampling procedure is set so that the probability of a lot  passing a test with 40 % of the production defective is 0,95 (producer's risk = 5 %) while the  probability of a lot being accepted with 65 % of the production defective is 0,1 (consumer's risk =  10 %). 3. For each of the pollutants given in Section 5.3.1.4 of Annex I, the following procedure is used  (see Figure I.7). Taking: Li = the natural logarithm of the limit value for the pollutant, xi = the natural logarithm of the measurement for the i-th vehicle of the sample, s = an estimate of the production standard deviation (after taking the natural logarithm of the  measurements), n = the current sample number. 4. Compute for the sample the test statistic quantifying the sum of the standard deviations from  the limit and defined as: 1 s n Ó i = 1 (L - xi) 5. Then: - if the test statistic is greater than the pass decision number for the sample size given in Table  (I.1.5), the pollutant is passed, - if the test statistic is less than the fail decision number for the sample size given in Table  (I.1.5), the pollutant is failed; otherwise, an additional vehicle is tested according to Section  7.1.1.1 of Annex I and the calculation reapplied to the sample with a sample size one unit  greater. >TABLE>Appendix 2 1. This Appendix describes the procedure to be used to verify the  production conformity requirements for the type I test when the manufacturer's evidence of  production standard deviation is either unsatisfactory or unavailable. 2. With a minimum sample size of 3, the sampling procedure is set so that the probability of a lot  passing a test with 40 % of the production defective is 0,95 (producer's risk = 5 %) while the  probability of a lot being accepted with 65 % of the production defective is 0,1 (consumer's risk =  10 %). 3. The measurements of the pollutants given in Section 5.3.1.4 of Annex I are considered to be log  normally distributed and must first be transformed by taking their natural logarithms. Let m0 and m  denote the minimum and maximum sample sizes respectively (m0 = 3 and m = 32) and let n denote the  current sample number. 4. If the natural logarithms of the measurements in the series are x1, x2, . . ., xj and L is the  natural logarithm of the limit value for the pollutant, then define: dj = xj - L d-n = 1 n n Ó j = 1 dj v²n = 1 n n Ó j = 1 (dj - d-n)² 5. Table I.2.5 shows values of the pass (An) and fail (Bn) decision numbers against current sample  number. The test statistic is the ratio d-n/vn and must be used to determine whether the series has  passed or failed as follows: For m0 ≤ n ≤ m: - pass the series if d-n/vn ≤ An, - fail the series if d-n/vn ≥ Bn, - take another measurement if An < d-n/vn < Bn. 6. Remarks The following recursive formulae are useful for computing successive values of the test statistic: d-n = ( 1 - 1 n ) d-n-1 + 1 n dn v²n = ( 1 - 1 n ) v ² n-1 + (d-n - dn)² n - 1 (n = 2, 3, . . .; d-1 = d1; v1 = 0) >TABLE>


title: Directive 2009/3/EC of the European Parliament and of the Council of 11 March 2009 amending Council Directive 80/181/EEC on the approximation of the laws of the Member States relating to units of measurement (Text with EEA relevance )

text:
               7.5.2009

               EN

               Official Journal of the European Union

               L 114/10

      DIRECTIVE 2009/3/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2009
   amending Council Directive 80/181/EEC on the approximation of the laws of the Member States relating to units of measurement
   (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 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 laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 80/181/EEC (3) requires the United Kingdom and Ireland to fix a date for ending the exemptions, where they are still being applied, in respect of the units of measurement known as ‘pint’ for milk in returnable bottles and beer and cider on draught, ‘mile’ for road signs and speed indications, and ‘troy ounce’ for transactions in precious metals. However, experience has shown that, given the local character of those exemptions and the limited number of products concerned, maintaining the exemptions would not result in a non-tariff barrier to trade and, as a consequence, there is no longer a need to put an end to those exemptions.

               (2)

               It is appropriate to clarify that the scope of Directive 80/181/EEC is consistent with the objectives referred to in Article 95 of the Treaty and that it is not limited to any specific Community fields of action.

               (3)

               Directive 80/181/EEC authorises the use of supplementary indications in addition to the legal units laid down in Chapter I of the Annex to that Directive until 31 December 2009. However, in order to avoid creating obstacles for Community undertakings exporting to certain third countries that require products to be marked in other units than those laid down in Chapter I, it is appropriate to maintain the authorisation to use supplementary indications.

               (4)

               Directive 80/181/EEC supports the smooth functioning of the internal market through the level of harmonisation of units of measurement it prescribes. In this context, it is appropriate that the Commission monitor market developments relating to that Directive and its implementation, notably as concerns possible obstacles to the functioning of the internal market and any further harmonisation required to overcome those obstacles.

               (5)

               It is appropriate that the Commission continue to strongly pursue, in the context of its third country trade relations, including the Transatlantic Economic Council, the acceptance in third country markets of products labelled only in the units of the International System of Units (SI).

               (6)

               Supplementary indications could also allow the gradual and smooth introduction of new metric units which may be developed at the international level.

               (7)

               In 1995, the General Conference on Weights and Measures decided to eliminate the class of SI supplementary units as a separate class in the SI and to interpret the units ‘radian’ and ‘steradian’ as dimensionless SI derived units, the names and symbols of which may, but need not, be used in expressions for other SI derived units, as is convenient.

               (8)

               In 1999, the General Conference on Weights and Measures adopted, within the framework of the SI, the ‘katal’, the symbol of which is ‘kat’, as the SI unit for catalytic activity. This new harmonised SI unit was intended to ensure a coherent and uniform indication of units of measurement in the fields of medicine and biochemistry and, as a consequence, to eliminate any risk of misunderstanding arising from the use of non-harmonised units.

               (9)

               In 2007, in order to eliminate one of the major sources of the observed variability between different realisations of the water triple point, the General Conference on Weights and Measures adopted a note on the definition of the ‘kelvin’. The ‘kelvin’ is defined as a fraction of the thermodynamic temperature of the triple point of water. The note refers to water of a specific isotopic composition.

               (10)

               Since the acre is no longer in use for land registration purposes in the United Kingdom and Ireland, there is no longer any need to provide for an exemption in that respect.

               (11)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (4), Member States are encouraged to draw up, for themselves and in the interests 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.

               (12)

               Directive 80/181/EEC should therefore be amended accordingly,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments
   Directive 80/181/EEC is hereby amended as follows:

               (1)

               Article 1(b) shall be replaced by the following:

                           ‘(b)

                           those listed in Chapter II of the Annex only in those Member States where they were authorised on 21 April 1973.’;

               (2)

               Article 2(a) shall be replaced by the following:

                           ‘(a)

                           The obligations arising under Article 1 relate to measuring instruments used, measurements made and indications of quantity expressed in units of measurement.’;

               (3)

               Article 3(2) shall be replaced by the following:
               ‘2.   The use of supplementary indications shall be authorised.’;

               (4)

               the following Article shall be inserted:
               ‘Article 6b
               The Commission shall monitor market developments relating to this Directive and its implementation with regard to the smooth functioning of the internal market and international trade and shall submit a report on those developments, accompanied by proposals where appropriate, to the European Parliament and to the Council by 31 December 2019.’;

               (5)

               the Annex shall be amended as follows:

                           (a)

                           in Chapter I, point 1.1, the paragraph entitled ‘Unit of thermodynamic temperature’ shall be replaced by the following:
                           ‘Unit of thermodynamic temperature
                           The kelvin, unit of thermodynamic temperature, is the fraction 1/273,16 of the thermodynamic temperature of the triple point of water.
                           This definition refers to water having the isotopic composition defined by the following amount-of-substance ratios: 0,00015576 mole of 2H per mole of 1H, 0,0003799 mole of 17O per mole of 16O and 0,0020052 mole of 18O per mole of 16O.
                           (Thirteenth CGPM (1967), resolution 4 and Twenty-third CGPM (2007), resolution 10)’;

                           (b)

                           in Chapter I, point 1.1.1, the title shall be replaced by the following:

                           (c)

                           in Chapter I, point 1.2, the title shall be replaced by the following:

                           (d)

                           in Chapter I, point 1.2.1 shall be deleted;

                           (e)

                           in Chapter I, points 1.2.2 and 1.2.3 shall be replaced by the following:
                           ‘1.2.2.   General rule for SI derived units
                           Units derived coherently from SI base units are given as algebraic expressions in the form of products of powers of the SI base units with a numerical factor equal to 1.
                           1.2.3.   SI derived units with special names and symbols

                                       Quantity

                                       Unit

                                       Expression

                                       Name

                                       Symbol

                                       In terms of other SI units

                                       In terms of SI base units

                                       Plane angle

                                       radian

                                       rad

                                       m · m–1

                                       Solid angle

                                       steradian

                                       sr

                                       m2 · m–2

                                       Frequency

                                       hertz

                                       Hz

                                       s–1

                                       Force

                                       newton

                                       N

                                       m · kg · s–2

                                       Pressure, stress

                                       pascal

                                       Pa

                                       N · m–2

                                       m–1 · kg · s–2

                                       Energy, work; quantity of heat

                                       joule

                                       J

                                       N · m

                                       m2 · kg · s–2

                                       Power (5), radiant flux

                                       watt

                                       W

                                       J · s–1

                                       m2 · kg · s–3

                                       Quantity of electricity, electric charge

                                       coulomb

                                       C

                                       s · A

                                       Electric potential, potential difference, electromotive force

                                       volt

                                       V

                                       W · A–1

                                       m2 · kg · s–3 · A–1

                                       Electric resistance

                                       ohm

                                       Ω

                                       V · A–1

                                       m2 · kg · s–3 · A–2

                                       Conductance

                                       siemens

                                       S

                                       A · V–1

                                       m–2 · kg–1 · s3 · A2

                                       Capacitance

                                       farad

                                       F

                                       C · V–1

                                       m–2 · kg–1 · s4 · A2

                                       Magnetic flux

                                       weber

                                       Wb

                                       V · s

                                       m2 · kg · s–2 · A–1

                                       Magnetic flux density

                                       tesla

                                       T

                                       Wb · m–2

                                       kg · s–2 · A–1

                                       Inductance

                                       henry

                                       H

                                       Wb · A–1

                                       m2 · kg · s–2 · A–2

                                       Luminous flux

                                       lumen

                                       lm

                                       cd · sr

                                       cd

                                       Illuminance

                                       lux

                                       lx

                                       lm · m–2

                                       m–2 · cd

                                       Activity (of a radionuclide)

                                       becquerel

                                       Bq

                                       s–1

                                       Absorbed dose, specific energy imparted, kerma, absorbed dose index

                                       gray

                                       Gy

                                       J · kg–1

                                       m2 · s–2

                                       Dose equivalent

                                       sievert

                                       Sv

                                       J · kg–1

                                       m2 · s–2

                                       Catalytic activity

                                       katal

                                       kat

                                       mol · s–1

                                 Units derived from SI base units may be expressed in terms of the units listed in Chapter I.
                           In particular, derived SI units may be expressed by the special names and symbols given in the above table; for example, the SI unit of dynamic viscosity may be expressed as m–1 · kg · s–1 or N · s · m–2 or Pa · s.’;

                           (f)

                           in Chapter II, the following row shall be deleted from the table:

                                       ‘Land registration

                                       acre

                                       1 ac = 4 047 m2

                                       ac’

                           (g)

                           in Chapter II, the final sentence shall be replaced by the following: ‘The units listed in this Chapter may be combined with each other or with those in Chapter I to form compound units.’

         Article 2
   Transposition
   1.   Member States shall adopt and publish, no later than 31 December 2009, 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 1 January 2010.
   When they are adopted by Member States, those 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 3
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         A. VONDRA

      (1)  OJ C 120, 16.5.2008, p. 14.

      (2)  Legislative Resolution of the European Parliament of 29 November 2007 (OJ C 297 E, 20.11.2008, p. 105), Council Common Position of 18 November 2008 (OJ C 330 E, 30.12.2008, p. 1) and Position of the European Parliament of 16 December 2008 (not yet published in the Official Journal).

      (3)  OJ L 39, 15.2.1980, p. 40.

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

      (5)  Special names for the unit of power: the name volt–ampere (symbol “VA”) when it is used to express the apparent power of alternating electric current, and var (symbol “var”) when it is used to express reactive electric power. The “var” is not included in GCPM resolutions.