Avis juridique important

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31974L0060

Council Directive 74/60/EEC of 17 December 1973 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of controls, the roof or sliding roof, the backrest and rear part of the seats)

Official Journal L 038 , 11/02/1974 P. 0002 - 0021 Finnish special edition: Chapter 13 Volume 3 P. 0187  Greek special edition: Chapter 13 Volume 2 P. 0168  Swedish special edition: Chapter 13 Volume 3 P. 0187  Spanish special edition: Chapter 13 Volume 3 P. 0142  Portuguese special edition Chapter 13 Volume 3 P. 0142

COUNCIL DIRECTIVE  of 17 December 1973  on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of the controls, the roof or sliding roof, the backrest and rear part of the seats)  (74/60/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to interior fittings for the protection of the occupants;  Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing regulations in order, in particular, to allow for the EEC type approval procedure, which was the subject of the Council Directive of 6 February 1970 (3) on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers to be applied in respect of each type of vehicle;  Whereas common requirements for interior rear view mirrors have been laid down by the Council Directive of 1 March 1971 (4) and requirements should also be drawn up for the interior fittings of the passenger compartment, the layout of the controls, the roof and backrest and rear part of the seats ; whereas other requirements will be adopted subsequently on interior fittings and relating to the anchorages for safety belts and seats, head restraints, the protection of the driver against the steering unit and the layout of the controls;  Whereas harmonized requirements must reduce the risk or the severity of injuries of which motor vehicle drivers may be victims and thereby ensure road safety throughout the entire Community;  Whereas, with regard to technical requirements, it is appropriate to utilize basically those adopted by the United Nations Economic Commission for Europe in its Regulation No 21 ("Uniform requirements concerning the approval of vehicles with regard to their interior fittings") which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts,  HAS ADOPTED THIS DIRECTIVE:    Article 1 For the purposes of the Directive, "vehicle" means any motor vehicle in category M1 (defined in Annex I of the Directive of 6 February 1970) designed for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.   Article 2 No Member State may refuse to grant EEC type approval or national type approval of a vehicle on grounds relating to such interior fittings of the vehicles as:    - the interior parts of the passenger compartment other than the interior rear-view mirror or mirrors,       - the layout of the controls,  (1)OJ No C 112, 27.10.1972, p. 14. (2)OJ No C 123, 27.11.1972, p. 32. (3)OJ No L 42, 23.2.1970, p. 1. (4)OJ No L 68, 22.3.1971, p. 1.        - the roof or sliding roof,       - the backrest and rear part of the seats,         if these meet the requirements set out in the Annexes.   Article 3 No Member State may refuse to register or prohibit the sale, entry into service or use of any vehicle on grounds relating to:    - the interior parts of the passenger compartment other than the interior rear-view mirror or mirrors,       - the layout of the controls,       - the roof or sliding roof,       - the backrest and the rear part of the seats,         if these items meet the requirements set out in the Annexes.   Article 4 The Member State which has granted type approval must take the necessary measures to ensure that it is informed of any modification of a part or characteristic referred to in Annex I, 2.2. The competent authorities of that State shall determine whether fresh tests should be carried out on the modified vehicle and a fresh report drawn up. Where such tests reveal failure to comply with the requirement of this Directive, the modification shall not be approved.   Article 5 Modifications which are necessary to adapt the provisions of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive of 6 February 1970 on the approximation of the laws of Member States relating to the type approval of motor vehicles and their trailers.   Article 6 1. Member States shall put into force provisions necessary in order to comply with this Directive within eighteen months of its notification and shall immediately inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 7 This Directive is addressed to the Member States.     Done at Brussels, 17 December 1973.  For the Council  The President  I. NØRGAARD     ANNEX I(1) DEFINITIONS, APPLICATIONS FOR EEC APPROVAL AND SPECIFICATIONS     (1.)    2. DEFINITIONS  For the purposes of this Directive (2.1.)  2.2. "Vehicle type" with respect to the interior fittings of the passenger compartment (other than the rear-view mirror(s) : the arrangement of the controls, the roof or sliding roof, the back rest and rear part of the seats) means motor vehicles which do not differ in such essential respects as:    2.2.1. the lines of constituent materials of the bodywork of the passenger compartment,       2.2.2. the arrangement of the controls,         2.3. "reference zone" means the head impact zone as defined in Annex II except:    2.3.1. the area bounded by the forward horizontal projection of a circle circumscribing the outer limits of the steering control, increased by a peripheral band 127 mm in width ; this area is bounded below by the horizontal plane tangential to the lower edge of the steering control when the latter is in the position for driving straight ahead,       2.3.2. the part of the surface of the instrument panel comprised between the edge of the area specified in point 2.3.1 above and the nearest inner side-wall of the vehicle ; this surface is bounded below by the horizontal plane tangential to the lower edge of the steering control ; and       2.3.3. the windscreen side pillars,         2.4. "level of the instrument panel" shall mean the line defined by the points of contact of vertical tangents to the instrument panel,  2.5. "roof" shall mean the upper part of the vehicle extending from the upper edge of the windscreen to the upper edge of the rear window, bounded at the sides by the upper framework of the side-walls,  2.6. "belt line" shall mean the line constituted by the visible lower contour of the side windows of the vehicle,  2.7. "convertible vehicle" shall mean a vehicle which may, in certain cases, have no rigid structural element above the belt line other than the windscreen pillars or roll bar(s),  2.8. "vehicle with sliding roof" shall mean a vehicle of which only the roof or a part of it can be folded back or removed, leaving the existing structural elements of the vehicle above the belt line.  3. APPLICATION FOR EEC TYPE APPROVAL    3.1. The application for type approval of a vehicle shall be submitted by the vehicle manufacturer or by his representative.  (1)The text of the Annexes is basically similar to that of Regulation No 21 of the United Nations' Economic Commission for Europe and in particular the subdivision into points is the same ; for this reason when an item in Regulation No 21 does not figure as a corresponding item in this Directive, its number is shown for the record in brackets.        3.2. It shall be accompanied by the undermentioned documents in triplicate and by the following particulars:      - a detailed description of the vehicle type with regard to the items mentioned in point 2.2 above;           - a photograph or an exploded view of the passenger compartment ; and           - the numbers and/or symbols identifying the vehicle type must be specified.                  3.3. The following must be submitted to the technical service responsible for conducting the tests:      3.3.1. at the manufacturer's discretion, either a vehicle representative of the vehicle type to be approved or the part(s) of the vehicle regarded as essential for the checks and tests prescribed by this Directive ; and           3.3.2. at the request of the aforesaid technical service, certain components and certain samples of the materials used.                    (4.)  5. SPECIFICATIONS    5.1. Forward interior parts of the passenger compartment above the level of the instrument panel in front of the front seat H points, excluding the side doors      5.1.1. The reference zone defined in point 2.3 above must not contain any dangerous roughness or sharp edges likely to increase the risk of serious injury to the occupants. Those parts referred to in points 5.1.2 to 5.1.6 hereafter shall be deemed satisfactory if they comply with the requirements thereof.           5.1.2. Vehicle parts within the reference zone with the exception of those which are not part of the instrument panel and which are placed at less than 10 cm from glazed surfaces shall be energy-dissipating as prescribed in Annex III. Those parts within the reference zone which satisfy both of the following conditions shall also be excluded from consideration:        - if, during a test in accordance with the requirements of Annex III, the pendulum makes contact with parts outside the reference zone ; and               - if the parts to be tested are placed less than 10 cm away from the parts contacted outside the reference zone, this distance being measured on the surface of the reference zone;                 any metal support fittings shall have no protruding edges.           5.1.3. The lower edge of the instrument panel, unless it meets the requirements of point 5.1.2 above, shall be rounded to a radius of curvature of not less than 19 mm.           5.1.4. Switches, pull-knobs, etc, made of rigid material, which, measured in accordance with the method described in Annex V from 3 72 mm to 9 75 mm from the panel, shall have a cross-sectional area of not less than 2 cm2, measured 2.5 mm from the point projecting furthest, and shall have rounded edges with a radius of curvature of not less than 2 75 mm.           5.1.5. If these components project by more than 9 75 mm from the surface of the instrument panel, they shall be so designed and constructed as to be able, under the effect of a longitudinal horizontal force of 37.8 daN delivered by a flat ended ram of not more than 50 mm diameter either to retract into the surface of the panel until they do not project by more than 9 75 mm or to become detached ; in the latter case no dangerous projections of more than 9 75 mm shall remain ; a cross-section not more than 6 75 mm from the point of maximum projection shall be not less than 6 750 cm2 in area.            5.1.6. In the case of a projection consisting of a component made of non-rigid material of less than 50 shore A hardness mounted on a rigid support, the requirements of points 5.1.4 and 5.1.5 shall apply only to the rigid support.                  5.2. Forward interior parts of the passenger compartment below the level of the instrument panel and in front of the front seat H points, excluding the side doors and the pedals      5.2.1. Except for the pedals and their fixtures and those components that cannot be contacted by the device described in Annex VI and used in accordance with the procedure described therein, components covered by point 5.2 shall comply with the requirements of points 5.1.4 to 5.1.6 above.           5.2.2. The hand-brake control, if mounted on or under the instrument panel, shall be so placed that, when it is released, there is no possibility of occupants of the vehicle's contacting it in the event of a frontal impact. If this condition is not met, the surface area of the control shall satisfy the requirements of point 5.3.2.3 below.           5.2.3. Shelves and other similar items shall be so designed and constructed that their supports in no case have protruding edges and they meet one or other of the following conditions:        5.2.3.1. the part facing into the vehicle shall present a surface not less than 25 mm high with edges rounded to a radius of curvature of not less than 3.2 mm. This surface shall be covered with an energy-dissipating material as defined in Annex III, and shall be tested in accordance therewith, the impact being applied in a horizontal longitudinal direction.               5.2.3.2. Shelves and other similar items shall, under the effect of a forward-acting horizontal longitudinal force of 37.8 daN exerted by a cylinder of 110 mm diameter with its axis vertical, become detached, break up, be substantially distorted or retract without producing dangerous features on the rim of the shelf. The force must be directed at the strongest part of the shelves or other similar items.                          5.2.4. If the items in question contain a part made of material softer than 50 shore A hardness when fitted to a rigid support, the above requirements, except for the requirements covered by Annex III relating to energy absorption, shall apply.                  5.3. Other interior fittings in the passenger compartment in front of the transverse plane passing through the torso reference line of the manikin placed on the rear seats      5.3.1. Scope  The requirements of point 5.3.2 below shall apply to control handles, levers and knobs and to any other protruding objects not referred to in point 5.1 and 5.2 above.           5.3.2. Requirements  If the items referred to in point 5.3.1 are so placed that occupants of the vehicle can contact them, they shall meet the requirements of point 5.3.2.1 to 5.3.4. If they can be contacted by a 165 mm diameter sphere and are above the H point of the front seats and forward of the transverse plane of the vehicle reference line of the manikin on the rear seat, and outside the zones defined in points 2.3.1 and 2.3.2, these requirements shall be considered to have been fullfilled if...         5.3.2.1. Their surface shall terminate in rounded edges, the radii of curvature being not less than 3 72 mm.               5.3.2.2. Control levers and knobs shall be so designed and constructed that, under the effect of a forward-acting longitudinal horizontal force of 37 78 daN either the projection in its most unfavourable position shall be reduced to not more than 25 mm from the surface of the panel or the said fittings shall become detached or bent : in the two latter cases no dangerous projections shall remain.  Window winders may, however, project 35 mm from the surface of the panel.               5.3.2.3. The hand brake control when in the released position and the gear lever when in any forward gear position, except when placed in the zones defined in points 2.3.1 and 2.3.2 and zones below the horizontal plane passing through the H point of the front seats, shall have a surface area of at least 6 75 cm2 measured at a cross-section normal to the longitudinal horizontal direction up to a distance of 6 75 mm from the furthest projecting part, the radius of curvature being not less than 3 72 mm.                          5.3.3. The requirements in point 5.3.2.3 shall not apply to floor-mounted handbrake controls if the height of the grip in the released position is below a horizontal plane passing through the H point (see Annex IV).           5.3.4. Other items of equipment in the vehicle not covered by the preceding points such as seat slide rails, equipment for regulating the horizontal or vertical part of the seat, devices for retracting safety belts, etc. shall not be subject to any of these provisions if they are situated below a horizontal plane passing through the H point of each seat, even though the occupant is likely to come into contact with such items.           5.3.5. If the items in question include a part made of material softer than 50 shore A hardness mounted on a rigid support, the above requirements shall apply only to the rigid support.                  5.4. Roof      5.4.1. Scope        5.4.1.1. The requirements of point 5.4.2 below shall apply to the inner face of the roof.               5.4.1.2. However, they shall not apply to such parts of the roof as cannot be contacted by a sphere 165 mm in diameter.                          5.4.2. Requirements      5.4.2.1. That part of the inner face of the roof which is situated above or forward of the occupants shall exhibit no dangerous roughness or sharp edges, directed rearwards or downwards. The width of the projecting parts shall not be less than the amount of their downward projection and the edges shall have a radius of curvature of not less than 5 mm. In particular, the rigid roof sticks or ribs shall not project downwards more than 19 mm and must be streamlined as described in Annex V.           5.4.2.2. If the roof sticks or ribs do not meet the requirements of point 5.4.2.1, they must be covered with an energy-dissipating material as prescribed in Annex III.                 5.5. Sliding roof      5.5.1. Requirements      5.5.1.1. The following requirements and those of point 5.4 above concerning the roof shall apply to the sliding roof when it is in the closed position.            5.5.1.2. In addition, the opening and operating devices shall:  be so designed and constructed as to exclude as far as possible accidental operation;    5.5.1.2.2. where possible, be streamlined as described in Annex V : their surfaces shall terminate in rounded edges, the radii of curvature being not less than 5 mm;  5.5.1.2.3. be accommodated, when in the position of rest, in areas which cannot be contacted by a sphere 165 mm in diameter. If this condition cannot be met, the opening and operating devices shall, in the position of rest, either remain retracted or be so designed and constructed that, under the effect of a force of 37 78 daN applied in the direction of impact defined in Annex III as the tangent to the trajectory of the headform, either the projection as described in Annex V shall be reduced to not more than 25 mm beyond the surface on which the devices are mounted or the devices shall become detached ; in the latter case no dangerous projections shall remain.                 5.6. Convertible vehicles and vehicles with sliding roof      5.6.1. In the case of convertible vehicles only, the underside of the top of the roll-bar and the top of the windscreen frame shall comply with the requirements of point 5.4.           5.6.2. Vehicles with a sliding roof shall be subject to the requirements of point 5.5, applicable to vehicles with a sliding roof.                  5.7. Rear parts of seats      5.7.1. Requirements        5.7.1.1. The surface of the rear parts of seats shall exhibit no dangerous roughness or sharp edges likely to increase the risk or severity of injury to the occupants.               5.7.1.2. Except as provided in points 5.7.1.2.1., 5.7.1.2.2, and 5.7.1.2.3, that part of the back of the front seat which is in the head-impact zone, defined in Annex II, shall be energy-dissipating, as prescribed in Annex III. For determining the head-impact zone, the front seats shall, if they are adjustable, be in the rearmost driving position with their backs inclined as near as possible to 25º unless indicated otherwise by the manufacturer.         5.7.1.2.1. In the case of separate front seats, the rear passengers' head-impact zone shall extend for 10 cm on either side of the seat centre-line, in the top part of the rear of the seat-back.    5.7.1.2.1. bis (1) In the case of seats fitted with head-restraints each test shall be carried out with the head-restraint in the lowest position and at a point situated on the vertical line passing through the centre of the head-restraint.                             5.7.1.2.1. ter (1) In the case of a seat which is designed to be fitted in several types of vehicle, the impact zone shall be determined by the vehicle whose rearmost driving position is, of each of the types considered, the least favourable ; the resultant impact zone will be deemed adequate for the other types.                   5.7.1.2.2. In the case of front bench seats, the impact zone shall extend between the longitudinal vertical planes 10 cm outboard of the centre line of each designated outboard seating position. The centre line of each outboard seating position of a bench seat shall be specified by the manufacturer.                   5.7.1.2.3. In the head impact zone outside the limits prescribed in points 5.7.1.2.1 (a) and (b) and 5.7.1.2.2, the seat frame structure shall be padded to avoid direct  (1)These points are not included in Regulation No 21.   contact of the head with it : and, in these zones, shall have a radius of curvature of at least 5 mm. These parts may satisfy the energy dissipating requirements specified in Annex III.                                            5.7.2. If the impact zones of the seats, head-restraints and their supports contain parts covered with material softer than 50 shore A hardness the above requirements, with the exception of those relating to energy dissipation described in Annex III, shall apply only to the rigid parts. These requirements shall not apply to the rearmost seats, to seats facing sideways or rearwards, to back-to-back seats.                  5.8. The requirements of paragraph 5 shall apply to such fittings not mentioned in previous paragraphs which, within the meaning of the various requirements in points 5.1 to 5.7 and according to their location in the vehicle, are capable of being contacted by the occupants. If such parts are made of a material softer than 50 shore A hardness and mounted on (a) rigid support(s), the requirements in question shall apply only to the rigid support(s).         (6.)  (7.)  (8.)  (9.)    ANNEX II DETERMINATION OF THE HEAD-IMPACT ZONE    1. The head-impact zone shall comprise all the non-glazed surfaces of the interior of a vehicle which are capable of entering into static contact with a spherical head 165 mm in diameter which is an integral part of a measuring apparatus whose dimensions from the pivotal point of the hip to the top of the head is continuously adjustable between 736 mm and 840 mm.       2. The aforesaid zone must be determined by the following procedure or its graphic equivalent:      2.1. The pivotal point of the measuring apparatus shall be placed as follows for each seating position for which the manufacturer has made provision:        2.1.1. in the case of sliding seats          2.1.1.1. at the H point (see Annex IV) and                   2.1.1.2. at a point situated horizontally 127 mm forward of the H point and at a height either resulting from the variation in the height of the H point caused by a forward shift of 127 mm or of 19 mm.                                  2.1.2. in the case of non-sliding seats, at the H point of the seat under consideration.                          2.2. All points of contact situated below the lower edge of the windscreen and forward of the H point shall be determined for each dimension from the pivotal point to the top of the head capable of being measured by the test apparatus within the interior dimensions of the vehicle.           2.3. If there is no point of contact in the case of adjustment within the above limits, with the test apparatus vertical, possible points of contact shall be determined by pivoting the measuring apparatus forwards and downwards through all arcs of vertical planes as far as 90º from the vertical plane perpendicular in relation to the longitudinal vertical plane of the vehicle and passing through the H point.                  3. A "point of contact" shall be a point at which the head of the apparatus contacts a part of the interior of the vehicle. The maximum downward movement shall be limited to a position where the head is tangential to a horizontal plane situated 25 74 mm above the H point.          ANNEX III PROCEDURE FOR TESTING ENERGY DISSIPATING MATERIALS    1. SETTING UP, TEST APPARATUS AND PROCEDURE      1.1. Setting up        1.1.1. The energy-dissipating material shall be mounted and tested on the structural supporting member on which it is to be installed on the vehicle. The test shall preferably be carried out, where possible, directly on the body. The structural member, or the body, shall be firmly attached to the test bench so that it does not move under impact.               1.1.2. However, at the manufacturer's request, the item may be mounted on a fitting simulating its installation on the vehicle, on condition that the "component/fitting" assembly has the same geometrical arrangement and a degree of rigidity not lower and on energy-dissipating capacity not higher than those of the real "component/structural supporting member" assembly.                          1.2. Test apparatus        1.2.1. This apparatus shall consist of a pendulum whose pivot is supported by ballbearings and whose reduced mass (1) at its centre of percussion is 6 78 kg. The lower extremity of the pendulum shall consist of a rigid headform 165 mm in diameter whose centre is identical with the centre of percussion of the pendulum.               1.2.2. The headform shall be fitted with 2 decelerometers and a speed measuring device, all capable of measuring values in the direction of impact.                          1.3. Recording instruments  The recording instruments used shall be such that measurements can be made with the following degrees of accuracy:        1.3.1. Acceleration:          - accuracy = ± 5 % of the real value                   - frequency response = up to 1 000 Hz                   - cross axis sensitivity =                         1.3.2. Speed:          - accuracy = ± 2.5 % of the real value                   - sensitivity = 0 75 km/h                                  1.3.3. Indentation of the test component by the headform:          - accuracy = ± 5 % of the real value                   - sensitivity = 1 mm  (1)Note : The relationship of the reduced mass "mr" of the pendulum to the total mass "m" of the pendulum at a distance "a" between the centre of percussion and the axis of rotation and at a distance "l" between the centre of gravity and the axis of rotation is given by the formula: >PIC FILE= "T0005453">                                    1.3.4. Time recording:          - the instrumentation shall enable the action to be recorded throughout its duration and readings to be made to within one thousandth of a second                   - the beginning of the impact at the moment of first contact between the headform and the test component shall be noted on the recordings used for analysing the test.                                             1.4. Test procedure      1.4.1. At every point of impact on the surface to be tested, the direction of impact shall be the tangent to the trajectory of the headform of the measuring apparatus described in Annex II.     1.4.2. Where the angle between the direction of impact and the perpendicular to the surface at the point of impact is 5º or less, the test shall be carried out in such a way that the tangent to the trajectory of the centre of percussion of the pendulum coincides with the direction defined in point 1.4.1. The headform shall strike the test component at a speed of 24 71 km/h ; this speed shall be achieved either by the mere energy of propulsion or by using an additional propelling device.           1.4.3. Where the angle between the direction of impact and the perpendicular to the surface at the point of impact is more than 5º, the test may be carried out in such a way that the tangent to the trajectory of the centre of percussion of the pendulum coincides with the perpendicular to the point of impact. The test speed shall then be reduced to the value of the normal component of the speed prescribed in point 1.4.2.                 2. RESULTS  In tests carried out according to the above procedures, the deceleration of the headform shall not exceed 80 g continuously for more than 3 milliseconds. The deceleration rate taken shall be the average of the readings of the two decelerometers.       3. EQUIVALENT PROCEDURES    3.1. Equivalent test procedures shall be permitted, on condition that the results required in paragraph 2 above can be obtained.    3.2. Responsibility for demonstrating the equivalence of a method other than that described in paragraph 1 shall rest with the person using such a method.          ANNEX IV PROCEDURE FOR DETERMINING THE H POINT AND CHECKING THE RELATIVE POSITION OF POINTS R AND H    1. DEFINITIONS      1.1. The H point, which indicates the position of a seated occupant in the passenger compartment, is the trace, in a longitudinal vertical plane, of the theoretical axis of rotation between the leg and the torso of the human body, represented by a manikin.           1.2. The R point, being the "seating reference point", is the manufacturer's design reference point which:        1.2.1. establishes the rearmost normal driving or travelling position of each seat provided in the vehicle by the manufacturer;               1.2.2. has coordinates established relative to the designed vehicle structure;               1.2.3. simulates the position of pivot centre of the human torso and thigh (the H point).                                 2. DETERMINATION OF H POINTS      2.1. An H point shall be determined for each seat provided by the vehicle manufacturer. When the seats in the same row can be regarded as similar (bench seat, identical seats, etc.), only one H point shall be determined for each row of seats, the manikin described in paragraph 3 below being seated in a place regarded as representative for the row. This place shall be:        2.1.1. in the case of the front row, the driver's seat;               2.1.2. in the case of the rear row (or rows), an outboard seat.                          2.2. When an H point is being determined, the seat in question shall be placed in the rearmost normal position provided by the manufacturer for driving or travelling, the back, if adjustable, being locked in a position corresponding as near as possible to a 25º rearward inclination in relation to the vertical of the torso reference line of the manikin described in point 3 below, unless otherwise specified by the manufacturer.                  3. DESCRIPTION OF THE MANIKIN      3.1. A three-dimensional manikin of a mass and contour corresponding to those of an adult male of average height shall be used. Such a manikin is illustrated in figures 1 and 2 of the Appendix to this Annex.           3.2. The manikin shall comprise:        3.2.1. two components, one simulating the back and the other the seat of the body, pivoting on an axis representing the axis of rotation between the torso and the thigh. The trace of this axis on the side of the manikin is the manikin's H point:               3.2.2. two components simulating the legs and pivotally attached to the component simulating the seat;               3.2.3. two components simulating the feet and connected to the legs by pivotal joints simulating ankles;               3.2.4. in addition, the component simulating the seat shall be provided with a level enabling its transverse orientation to be verified.                          3.3. Body segment weights shall be attached at appropriate points corresponding to the relevant centres of gravity, so as to bring the total mass of the manikin up to about 75 76 kg. Details of the various weights are given in the table on figure 2 of the Appendix to this Annex.             4. SETTING UP THE MANIKIN  The three-dimensional manikin shall be set up in the following manner:      4.1. The vehicle shall be levelled and the seats adjusted as prescribed in point 2.2 above.           4.2. The seat to be tested shall be covered with a piece of material to facilitate correct setting up of the manikin.           4.3. The manikin shall be placed on the seat concerned, the pivotal axis being perpendicular to the longitudinal plane of symmetry of the vehicle.           4.4. The feet of the manikin shall be placed as follows:        4.4.1. in the case of the front seats so that the level verifying the transverse orientation of the seat of the manikin is brought to the horizontal;               4.4.2. in the case of the rear seats, the feet shall as far as possible be so arranged as to be in contact with the front seats. If the feet then rest on parts of the floor which are at different levels, the foot which first comes into contact with the front seat shall serve as a reference point and the other foot shall be so arranged that the level verifying the transverse orientation of the seat of the manikin is brought to the horizontal;               4.4.3. if the H point is being determined at a centre seat, the feet shall be placed one on each side of the tunnel.                          4.5. The weights shall be placed on the thighs, the transverse level of the seat of the manikin brought to the horizontal and the weights placed on the seat of the manikin.           4.6. The manikin shall be moved away from the seat back by means of the knee-pivot bar and the back tilted forwards. The manikin shall be re-positioned on the seat of the vehicle by being slid backwards on its seat until resistance is encountered, the back of the manikin then being replaced against the seat back.           4.7. A horizontal force of 10 ± 1 daN shall be applied twice to the manikin. The direction and point of application of the force are shown by a black arrow on figure 2 of the Appendix.           4.8. The weights shall be installed on the right and left sides, and subsequently on the torso. The transverse level of the manikin shall be kept horizontal.           4.9. The manikin being kept horizontal in the transverse direction, the back shall be tilted forwards until the torso weights are above the H point, so as to eliminate any friction with the seat back.           4.10. The back of the manikin shall be gently moved rearwards so as to complete the setting-up operation ; the transverse level of the manikin shall be horizontal. If it is not, the above procedure shall be repeated.                  5. RESULTS      5.1. When the manikin has been set up as described in point 4 above, the H point of the vehicle seat concerned shall be the H point on the manikin.           5.2. Each of the coordinates of the H point shall be measured as accurately as possible. The same shall apply to the coordinates representing specific points of the passenger compartment. The projections of these points on a vertical longitudinal plane shall then be plotted on a graph.                  6. CHECKING OF THE RELATIONSHIP BETWEEN THE R AND H POINTS    6.1. The results obtained under point 5.2. regarding the H point must be compared with the coordinates of the R point as supplied by the vehicle manufacturer.        6.2. The checking of the relationship between the two points shall be considered satisfactory for the seating position in question, provided the H point coordinates lie within a longitudinal rectangle whose horizontal and vertical sides are 30 mm and 20 mm respectively, and whose diagonals intersect at the R point. If this is the case the R point shall be used for the test and, if necessary, the manikin shall be so adjusted that the H point coincides with the R point.       6.3. If the H point does not lie within the rectangle described in point 6.2 above, two further determinations of the H point shall be carried out (three in all). If two of the three points so determined lie within the rectangle, the result of the test shall be considered satisfactory.       6.4. If at least two of the three points determined lie outside the rectangle, the result of the test shall be considered unsatisfactory.       6.5. In the case of the situation described in point 6.4 above, or when verification cannot be carried out because the vehicle manufacturer has failed to provide data on the position of the R point, the average result of the three determinations of the H point may be used and considered applicable in all cases where the R point is mentioned in this Directive.       6.6. When checking the relationship of the R and the H points in a vehicle in current production, the rectangle mentioned in point 6.2 above shall be replaced by a square whose side measures 50 mm.      >PIC FILE= "T0005454">    >PIC FILE= "T0005455">      ANNEX V METHOD OF MEASURING PROJECTIONS    1. To determine the amount by which an item projects in relation to the panel on which it is mounted, a 165 mm sphere shall be moved tangentially to the panel and component under consideration.  The gradient shall be considered as being formed by the relationship between the "y" variation measured from the centre of the sphere perpendicular to the panel and the "x" variation of measurement from the same centre parallel to the panel.  A form shall be deemed streamlined if the resultant horizontal longitudinal gradient is less than 1. When a gradient is more than or equal to 1, there shall be a projection the value of which measured by the determinant "y".  If the panels and components, etc., are covered with materials softer than 50 shore A hardness, the procedure for the measuring of forms and projections described above shall apply only after removal of such materials.       2. The projection of switches, pull-knobs, etc., situated in the reference area shall be measured by using the test apparatus and procedure described below:      2.1. Apparatus      2.1.1. The measuring apparatus for projections shall consist of a hemispherical headform 165 mm in diameter, in which there is a sliding ram of 50 mm diameter.       2.1.2. Relative positions of the flat end of the ram and the edge of the headform shall be shown on a graduated scale, on which a mobile index shall register the maximum measurement achieved when the apparatus is moved away from the item tested. A minimum distance of 30 mm shall be measurable ; the measuring scale shall be graduated in half-millimeters to make possible an indication of the extent of the projections in question.  2.1.3. Gauging procedure:    2.1.3.1. The apparatus shall be placed on a flat surface so that its axis is perpendicular to that surface. When the flat end of the ram contacts the surface, the scale shall be set at zero.       2.1.3.2. A 10 mm strut shall be inserted between the flat end of the ram and the retaining surface ; a check shall be made to ensure that the mobile index records this measurement.         2.1.4. The apparatus for measuring projections is illustrated in figure 1.  2.2. Test procedure    2.2.1. A cavity shall be formed in the headform by pulling back the ram and the mobile index shall be placed against the ram.       2.2.2. The apparatus shall be applied to the projection to be measured so that the headform contacts the maximum surrounding surface area, with a force not exceeding 2 daN.        2.2.3. The ram shall be pushed forward until it makes contact with the projection to be measured and the amount of the projection shall be observed on the scale.       2.2.4. The headform shall be adjusted to obtain maximum projection. The amount of the projection shall be recorded.       2.2.5. If two or more controls are situated sufficiently close for the ram or the headform to contact them simultaneously, they shall be treated as follows:      2.2.5.1. Multiple controls, all of which can be contained in the headform cavity, shall be regarded as forming a single projection.       2.2.5.2. If other controls prevent normal testing by contacting the headform, they shall be removed and the test shall be conducted without them. They may subsequently be re-installed and tested in their turn with other controls that have been removed to facilitate the procedure.   >PIC FILE= "T0005456">     ANNEX VI APPARATUS AND PROCEDURE FOR APPLICATION OF ITEM 5.2.1 OF ANNEX I  Those parts (switches, pull-knobs etc.) which can be contacted by using the apparatus and procedure described below shall be considered as being likely to be contacted by the knees of an occupant:    1. Apparatus  Diagram of apparatus >PIC FILE= "T0005457">        2. Procedure  The apparatus may be placed in any position below the instrument panel so that:      - the plane XX' remains parallel to the median longitudinal plane of the vehicle           - the axis X can be rotated above and below the horizontal through angles up to 30º.                  3. In carrying out the above test, all materials of less than 50 shore A hardness shall be removed.


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32001L0050

Commission Directive 2001/50/EC of 3 July 2001 amending Directive 95/45/EC laying down specific purity criteria concerning colours for use in foodstuffs (Text with EEA relevance)

Official Journal L 190 , 12/07/2001 P. 0014 - 0017

Commission Directive 2001/50/ECof 3 July 2001amending Directive 95/45/EC laying down specific purity criteria concerning colours for use in foodstuffs(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption(1), as amended by Directive 94/34/EC of the European Parliament and of the Council(2) and in particular Article 3(3)(a) thereof,After consulting the Scientific Committee for Food,Whereas:(1) Council Directive 94/36/EC of the European Parliament and of Council of 30 June 1994 on colours for use in foodstuffs(3) lists those substances which may be used as colours in foodstuffs.(2) Commission Directive 94/45/EC of 26 July 1995 laying down specific purity criteria concerning colours for use in foodstuffs(4), as amended by Directive 1999/75/EC(5), sets out the purity criteria for the colours mentioned in Directive 94/36/EC.(3) It is necessary, in the light of technical progress, to amend the purity criteria set out in Directive 95/45/EC for mixed carotenes (E160a(i)) and beta-carotene (E160a(ii)).(4) It is necessary to take into account the specifications and analytical techniques for additives as set out in the Codex alimentarius as drafted by the Joint FAO/WHO Expert Committee on Food Additives (JECFA).(5) It is consequently necessary to adapt Directive 95/45/EC.(6) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,HAS ADOPTED THIS DIRECTIVE:Article 1In part B of the Annex to Directive 95/45/EC, the text concerning mixed carotenes (E160a(i)) and beta-carotene (E160a(ii)) is replaced by the text of the Annex to this Directive.Article 2Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 30 June 2002. They shall immediately inform the Commission thereof.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.Article 3This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 3 July 2001.For the CommissionDavid ByrneMember of the Commission(1) OJ L 40, 11.2.1989, p. 27.(2) OJ L 237, 10.9.1994, p. 1.(3) OJ L 237, 10.9.1994, p. 13.(4) OJ L 226, 22.9.1995, p. 1.(5) OJ L 206, 5.8.1999, p. 19.ANNEX">TABLE>"


Important legal notice

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31970L0388

Council Directive 70/388/EEC of 27 July 1970 on the approximation of the laws of the Member States relating to audible warning devices for motor vehicles

Official Journal L 176 , 10/08/1970 P. 0012 - 0017 Finnish special edition: Chapter 13 Volume 1 P. 0159  Danish special edition: Series I Chapter 1970(II) P. 0503  Swedish special edition: Chapter 13 Volume 1 P. 0159  English special edition: Series I Chapter 1970(II) P. 0571  Greek special edition: Chapter 13 Volume 1 P. 0104  Spanish special edition: Chapter 13 Volume 1 P. 0241  Portuguese special edition Chapter 13 Volume 1 P. 0241  Special edition in Czech Chapter 13 Volume 001 P. 103  - 108 Special edition in Estonian Chapter 13 Volume 001 P. 103  - 108 Special edition in Hungarian Chapter 13 Volume 001 P. 103  - 108 Special edition in Lithuanian Chapter 13 Volume 001 P. 103  - 108 Special edition in Latvian Chapter 13 Volume 001 P. 103  - 108 Special edition in Maltese Chapter 13 Volume 001 P. 103  - 108 Special edition in Polish Chapter 13 Volume 001 P. 103  - 108 Special edition in Slovakian Chapter 13 Volume 001 P. 103  - 108 Special edition in Slovenian Chapter 13 Volume 001 P. 103  - 108

		Council Directiveof 27 July 1970on the approximation of the laws of the Member States relating to audible warning devices for motor vehicles(70/388/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament;Having regard to the Opinion of the Economic and Social Committee;Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to their audible warning devices;Whereas those requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type approval procedure which was the subject of the Council Directive [1] 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 to be applied in respect of each type of vehicle;Whereas rules on audible warning devices should include requirements relating not only to the fitting of such devices on vehicles but also to the construction of such devices;Whereas a harmonised type approval procedure for audible warning devices makes it possible for each Member State to check compliance with the common requirements relating to construction and testing and to inform the other Member States of its findings by sending a copy of the type approval certificate completed for each type of audible warning device; whereas the placing of an EEC type approval mark on all devices manufactured in conformity with the approved type obviates any need for technical checks on these devices in the other Member States;HAS ADOPTED THIS DIRECTIVE:Article 11. Each Member State shall approve any type of audible warning device which satisfies the construction and testing requirements laid down in item 1 of Annex I.2. The Member State which has granted type approval shall take the necessary measures to verify, in so far as is necessary and if need be in co-operation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.Article 2Member States shall issue to the manufacturer, or to his authorised representative, an EEC type approval mark which shall conform to the model shown in item 1.4 of Annex I, for each type of audible warning device which they approve pursuant to Article 1.Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between audible warning devices which have been type approved pursuant to Article 1 and other devices.Article 31. No Member State may prohibit audible warning devices from being marketed on grounds relating to their construction or method of operation if those devices bear the EEC approval mark.2. Nevertheless, this provision shall not prevent a Member State from taking such measures in respect of audible warning devices bearing the EEC approval mark which, by their design, do not conform to the approved prototype.That State shall inform the other Member States and the Commission forthwith of the measures taken, specifying the reasons for its decision. The provisions of Article 5 shall also apply.There shall be failure to conform to the approved prototype, within the meaning of the first subparagraph, where the upper or lower limit specified in item 1.2.1.6 of Annex I is not observed.Article 4The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the type approval certificate for each type of audible warning device which they approve or refuse to approve.Article 51. If the Member State which has granted EEC approval finds that a number of audible warning devices bearing the same approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may, where necessary, extend to withdrawal of EEC approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.2. The competent authorities of the Member States shall within one month inform each other of any withdrawal of EEC type approval, and of the reasons for such measures.3. If the Member State which has granted EEC type approval disputes the failure to conform notified to it, the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.Article 6All decisions taken pursuant to the rules adopted in implementation of this Directive and refusing or withdrawing approval for an audible warning device or prohibiting its marketing or use shall state in detail the reasons on which they are based. A decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.Article 7No Member State may refuse to grant EEC type approval or national type approval of a vehicle on grounds relating to its audible warning device if that device bears the EEC approval mark and if it is fitted in accordance with the requirements laid down in item 2 of Annex I.Article 8For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails, agricultural tractors and machinery, and public works vehicles.Article 9The amendments necessary for adjusting the requirements of Annexes I and II so as to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive 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.Article 101. Member States shall put into force the provisions containing the requirements needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.Article 11This Directive is addressed to the Member States.Done at Brussels, 27 July 1970.For the CouncilThe PresidentW. Arendt[1] OJ No L 42, 23.2.1970, p. 1.--------------------------------------------------ANNEX I1. EEC TYPE APPROVAL OF AN AUDIBLE WARNING DEVICE1.1 The warning device shall emit a continuous sound.1.2 The warning device shall have acoustic characteristics (frequency spectrum of the sound, level of sound pressure) and mechanical characteristics such that it can satisfy the following tests, in the order indicated.1.2.1 Measurement of sound level1.2.1.1 The warning device shall be tested in a sufficiently silent and open area [1] (ambient noise and wind noise at least 10 db (A) below the noise being measured) or in an anechoic chamber; the microphone of the measuring instrument shall be located in the direction in which the subjective sound level is at a maximum and 2 m from the front surface of the device, the microphone and the device being positioned at a height of 1·20 m above ground level.1.2.1.2 The measurements shall be made on the "A" weighting scale of the IEC (International Electrotechnical Commission) standard, by means of sound-level meters conforming to the type described in Publications 179, 1st ed. (1965), of the International Electrotechnical Commission.1.2.1.3 The device shall be supplied with a voltage of 6·5, 13 or 26 volts measured at the terminal of the source of electric power, corresponding respectively to a rated voltage of 6, 12 or 24 volts.1.2.1.4 The resistance of the connecting leads, including the resistance of the terminals and contacts, must be:0·05 ohms for a 6 volt circuit0·10 ohms for a 12 volt circuit0·20 ohms for a 24 volt circuit1.2.1.5 The device shall be rigidly mounted, using the part or parts provided by the manufacturer, on a support whose mass is at least ten times that of the device and not less than 15 kg.1.2.1.6 Under the above conditions, the subjective sound pressure level must be not more than 118 dB (A) and not less than 105 dB (A).1.2.1.7 The time lapse between the moment of activation and the moment at which the sound reaches the minimum level laid down in item 1.2.1.6 above may not exceed 0·2 seconds, measured in an ambient temperature of 20±5 °C.This provision shall apply in particular to pneumatically or electro-pneumatically operated devices.1.2.1.8 Devices which are pneumatically or electro-pneumatically operated must, with the pneumatic circuit arranged in accordance with the manufacturer's specification, have the same acoustic performance as that required for electrically operated audible warning devices.1.2.2 Endurance tests1.2.2.1 The warning device must be supplied with one of the rated voltages specified in item 1.2.1.3 above, through connecting leads having one of the resistances as specified in item 1.2.1.4 above, and be operated 50000 times, each time for a period of one second, followed by a four-second break. During the test, the device must be ventilated by an air current having a speed of approximately 10 m/s.1.2.2.2 If the test is carried out in an anechoic chamber, the latter must be of sufficient volmue to allow normal dispersal of the heat emitted by the device during the endurance test.1.2.2.3 The ambient temperatures in the test room be between + 15 and + 30 °C.1.2.2.4 If, after 25000 operations, the sound level of the device has changed in relation to the sound level before the test, the device may be adjusted. After 50000 operations and if necessary further adjustment the device must pass the test described in item 1.2.1 above.1.2.3 Acoustic tests1.2.3.1 The spectrum of the sound emitted by the device, measured at a distance of 2 m, must show a sound pressure higher than that of any frequency component above 3550 Hz in the 1800 to 3550 Hz frequency band, and in no case less than 105 dB (A).1.2.3.2 The requirements stated in item 1.2.3.1 above must be satisfied by a warning device which has been submitted to the test described in item 1.2.2 above and which is supplied with a voltage of between 115% and 95% of its rated voltage.1.2.3.3 The effective voltage shall be that laid down in item 1.2.1 above.1.2.3.4 The resistance of the connecting leads, including the resistance of the battery and the contacts, shall be that laid down in item 1.2.1 above.1.2.3.5 Both the device being tested and the microphone shall be placed at the same height; the microphone must be positioned facing the front surface of the warning device in the direction in which the subjective sound level is at a maximum.1.2.3.6 The device shall be rigidly mounted, using the part or parts provided by the manufacturer, on a support whose mass is at least ten times that of the device and in any event not less than 30 kg.1.2.3.7 The above test shall be made in an anechoic chamber.1.3 Type approval tests1.3.1 The type approval tests shall be carried out on two samples of each type submitted by the manufacturer for approval; both the samples shall be subjected to all the tests and must conform to the technical specifications laid down in this Annex.1.4 Type approval mark1.4.1 The type approval mark shall be made up of a rectangle, within which shall be placed the letter "e" followed by the distinguishing number of the country which has granted the approval (1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 6 for Belgium and 12 for Luxembourg). At any point within the immediate proximity of this rectangle there shall be placed a type approval number corresponding to the number of the approval certificate completed for the prototype.1.4.2 The approval mark (symbol and number) mentioned above shall be shown on the main body of the audible warning device in such a way that it is clearly visible from the outside after the warning device has been fitted on the vehicle.1.4.3 The various marks must be clearly legible and indelible.1.4.4 The dimensions of the approval mark drawn below are expressed in millimetres; they are minimum dimensions. The ratios between the dimensions must be maintained.+++++ TIFF +++++2. CHARACTERISTICS OF THE AUDIBLE WARNING DEVICE WHEN FITTED TO THE VEHICLE2.1 Acoustic testsWhen a vehicle is type approved, the characteristics of the warning device fitted to that type of vehicle shall be tested as follows:2.1.1 The sound pressure level of the device when fitted to the vehicle shall be measured at a point 7 m in front of the vehicle at a site which is open and as level as possible. The engine of the vehicle shall be stopped. The effective voltage shall be that laid down in item 1.2.1 above.2.1.2 Measurements shall be made on the "A" weighting scale of the IEC (International Electrotechnical Commission) standard.2.1.3 The maximum sound pressure level shall be determined at a height of between 0·5 and 1·5 m above ground level.2.1.4 That maximum must be not less than 93 dB (A).[1] The aforementioned area may take the form, for instance, of an open space of 50 m radius having a central part of at least 20 m radius which is practically level, surfaced with concrete, asphalt or similar material, and not covered with powdery snow, tall grass, light soil or ashes. Measurements shall be carried out in fine weather. No person other than the observer taking the readings from the apparatus may remain near the audible warning device or the microphone, as the presence of spectators near cither the device or the microphone may considerably affect the readings from the apparatus. Fluctuations of the pointer which appear to be unrelated to the characteristics of the general sound level shall be ignored in taking readings.--------------------------------------------------ANNEX IITYPE APPROVAL CERTIFICATE+++++ TIFF +++++--------------------------------------------------


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31986L0082

Council Directive 86/82/EEC of 25 February 1986 amending, on account of the accession of Spain and Portugal, Directive 82/117/EEC on the statistical surveys to be carried out by Member States on sheep and goat stocks

Official Journal L 077 , 22/03/1986 P. 0030 - 0030

*****COUNCIL  DIRECTIVE  of 25 February 1986  amending, on account of the accession of Spain and Portugal, Directive 82/117/EEC on the statistical surveys to be carried out by Member States on sheep and goat stocks  (86/82/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Article 396 thereof,  Having regard to the proposal from the Commission,  Whereas Directive 82/177/EEC (1), as last amended by Regulation (EEC) No 3768/85 (2), has provided for surveys on sheep and goat stocks to be carried out by the Member States;  Whereas it is necessary to make certain technical amendments to the said Directive and in particular to define the Community's financial contribution to the expenses incurred by the new Member States for the surveys to be carried out in 1986, 1987 and 1988;  Whereas, in accordance with the conclusions of the Negotiating Conference, special arrangements should be made for Portugal owing to the technical problems to be overcome in connection with the implementation of the surveys,  HAS ADOPTED THIS DIRECTIVE:  Article 1  With effect from 1 March 1986, Directive 82/177/EEC shall be amended as follows:  1. The following subparagraph shall be added to Article 1 (1):  'Notwithstanding the above, in the Portuguese region of Madeira only, the results of the survey to be carried out in 1986 shall be obtained from an analysis of the agricultural survey to be carried out there in the same year in accordance with Council Regulation (EEC) No 1463/84 of 24 May 1984 on the organization of surveys on the structure of agricultural holdings for 1985 and 1987 (4), as amended by Regulation (EEC) No 3768/85 (5).  (4) OJ No L 142, 29. 5. 1984, p. 3.  (5) OJ No L 362, 31. 12. 1985, p. 8.';  2. The following subparagraph shall be added to Article 1 (3): 'The Portuguese Republic shall carry out the first survey on goat stocks on the mainland part of its territory in December 1987, and in the autonomous regions of the Azores and Madeira not later than December 1990, and thereafter at least once every five years.';  3. The following subparagraph shall be added to Article 3 (2):  'The Portuguese Republic shall make a yearly estimate of goat stocks in its territory as a whole; the first such estimate shall be for December 1987.';  4. The following shall be added to Article 5 (2):  'Spain: Communidades autónomas  Portugal: Regiões.';  5. The following subparagraph shall be added to Article 11:  'The expenses incurred by the Kingdom of Spain and the Portuguese Republic in carrying out the survey provided for by this Directive in 1986, 1987 and 1988 shall be charged as a fixed sum to the budget of the European Communities.'  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 25 February 1986.  For the Council  The President  G. BRAKS  (1) OJ No L 81, 27. 3. 1982, p. 35.  (2) OJ No L 362, 31. 12. 1985, p. 8.


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31986L0355

Council Directive 86/355/EEC of 21 July 1986 amending Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances

Official Journal L 212 , 02/08/1986 P. 0033 - 0034 Finnish special edition: Chapter 3 Volume 21 P. 0217  Swedish special edition: Chapter 3 Volume 21 P. 0217

*****COUNCIL  DIRECTIVE  of 21 July 1986  amending Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances  (86/355/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (1), as last amended by Directive 86/214/EEC (2), and in particular Article 6 thereof,  Whereas that Directive provides for the contents of the Annex to be regularly amended to take account of the development of scientific and technical knowledge;  Whereas it has now been established that the use of ethylene oxide as a plant protection product, in particular for the fumigation of plants or plant products in storage, leaves residues in foodstuffs which may give rise to harmful effects on human or animal health;  Whereas alternative treatments are available for plant protection except for certain minor commodities;  Whereas the marketing and use of ethylene oxide as a plant protection product should therefore be prohibited;  Whereas, however, temporary national exceptions from this prohibition may be permitted for certain minor commodities, where special need exists, until other methods of treatment become available,  HAS ADOPTED THIS DIRECTIVE:  Article 1  The following entry is hereby added to the Annex to Directive 79/117/EEC:  1.2 //  //  // 'C. Ethylene oxide   // (a) pathogen reduction of the following dried vegetables, intended for incorporation in food preparations which do not undergo full cooking treatment prior to consumption   //   // - asparagus   //  // - onions   //   // - leeks   //   // - mushrooms   //  // (b) pathogen reduction of dried herbs and spices (1)   //  // (c) pathogen reduction of dried herbs intended exclusively for marketing without further processing as medicinal products  //   // (d) pathogen reduction of cocoa powder and cake   //  // (e) fumigation of tobacco leaf   //   // These derogations shall expire on 31 December 1989 at the latest   //    //  (1) Plants and plant products rich in essential oils and aromatic principles mainly used as condiments because of their characteristic taste'.  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1987. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 21 July 1986.  For the Council  The President  G. HOWE  (1) OJ No L 33, 8. 2. 1979, p. 36.  (2) OJ No L 152, 26. 5. 1986, p. 45.


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31984L0536

Council Directive 84/536/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of power generators

Official Journal L 300 , 19/11/1984 P. 0149 - 0155 Spanish special edition: Chapter 15 Volume 5 P. 0092  Portuguese special edition Chapter 15 Volume 5 P. 0092  Finnish special edition: Chapter 13 Volume 14 P. 0109  Swedish special edition: Chapter 13 Volume 14 P. 0109

+++++( 1 ) OJ NO C 54 , 8 . 3 . 1976 , P . 63 .  ( 2 ) OJ NO C 125 , 8 . 6 . 1976 , P . 43 .  ( 3 ) OJ NO C 197 , 23 . 8 . 1976 , P . 11 .  ( 4 ) OJ NO C 112 , 20 . 12 . 1973 , P . 1 AND OJ NO C 139 , 13 . 6 . 1977 , P . 1 .  ( 5 ) SEE PAGE 111 OF THIS OFFICIAL JOURNAL .  ( 6 ) OJ NO L 33 , 8 . 2 . 1979 , P . 15 .  ( 7 ) OJ NO L 376 , 30 . 12 . 1981 , P . 49 .  ( 8 ) THIS DIRECTIVE WAS NOTIFIED TO THE MEMBER STATES ON 26 SEPTEMBER 1984 .  COUNCIL DIRECTIVE OF 17 SEPTEMBER 1984 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE PERMISSIBLE SOUND POWER LEVEL OF POWER GENERATORS ( 84/536/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,  WHEREAS THE 1973 AND 1977 ACTION PROGRAMMES OF THE EUROPEAN COMMUNITIES ON THE ENVIRONMENT ( 4 ) REFLECT THE IMPORTANCE OF THE PROBLEM OF NOISE NUISANCE AND IN PARTICULAR THE NEED FOR ACTION TO REGULATE THE WORST NOISE SOURCES ;  WHEREAS DISPARITY BETWEEN THE MEASURES ALREADY APPLICABLE OR IN PREPARATION IN THE VARIOUS MEMBER STATES CONCERNING THE LIMITATION OF THE SOUND EMISSION LEVEL OF POWER GENERATORS CREATES UNEQUAL CONDITIONS OF COMPETITION AND THEREBY DIRECTLY AFFECT THE FUNCTIONING OF THE COMMON MARKET ; WHEREAS IT IS THEREFORE APPROPRIATE TO PROCEED IN THAT FIELD WITH THE APPROXIMATION OF LAWS FOR WHICH ARTICLE 100 OF THE TREATY PROVIDES ;  WHEREAS COUNCIL DIRECTIVE 84/532/EEC OF 17 SEPTEMBER 1984 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COMMON PROVISIONS FOR CONSTRUCTION PLANT AND EQUIPMENT ( 5 ) HAS LAID DOWN , IN PARTICULAR , THE PROCEDURE FOR EEC TYPE-EXAMINATION ; WHEREAS IT IS NECESSARY , PURSUANT TO THAT DIRECTIVE , TO PRESCRIBE THE HARMONIZED REQUIREMENTS WHICH EACH CATEGORY OF EQUIPMENT MUST SATISFY ;  WHEREAS COUNCIL DIRECTIVE 79/113/EEC OF 19 DECEMBER 1978 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE MEASUREMENT OF THE SOUND LEVEL OF CONSTRUCTION PLANT AND EQUIPMENT ( 6 ) , AS AMENDED BY COUNCIL DIRECTIVE 81/1051/EEC ( 7 ) , LAID DOWN IN PARTICULAR THE METHOD WHICH SHOULD BE USED FOR ESTABLISHING THE ACOUSTIC CRITERIA FOR POWER GENERATORS ;  WHEREAS , OWING TO THE EFFECT OF THE NOISE EMITTED BY POWER GENERATORS ON THE ENVIRONMENT AND , MORE PARTICULARLY , ON HUMAN WELL-BEING AND HEALTH , IT IS NECESSARY TO BRING ABOUT A PROGRESSIVE AND APPRECIABLE REDUCTION IN THE PERMISSIBLE SOUND POWER LEVEL OF POWER GENERATORS ;  WHEREAS IT IS IMPORTANT TO BE ABLE TO REGULATE THE USE OF POWER GENERATORS IN CERTAIN AREAS CONSIDERED TO BE PARTICULARLY SENSITIVE SO AS TO LIMIT THE NUISANCE CAUSED BY THE AIRBORNE NOISE EMITTED BY SUCH POWER GENERATORS ;  WHEREAS TECHNICAL PROVISIONS MUST BE ADAPTED RAPIDLY TO TECHNICAL ADVANCES ; WHEREAS IT IS NECESSARY TO THIS END TO PROVIDE FOR THE APPLICATION OF THE PROCEDURE SET OUT IN ARTICLE 5 OF DIRECTIVE 79/113/EEC ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . THIS DIRECTIVE APPLIES TO THE PERMISSIBLE SOUND POWER LEVEL OF POWER GENERATORS USED TO PERFORM WORK ON CIVIL ENGINEERING AND BUILDING SITES .  2 . IT IS A SEPARATE DIRECTIVE WITHIN THE MEANING OF ARTICLE 3 ( 2 ) OF THE COUNCIL DIRECTIVE 84/532/EEC , HEREINAFTER REFERRED TO AS THE " FRAMEWORK DIRECTIVE " .  ARTICLE 2  FOR THE PURPOSES OF THIS DIRECTIVE , " POWER GENERATOR " MEANS ANY DEVICE COMPRISING A MOTOR UNIT DRIVING A ROTARY GENERATOR PRODUCING CONTINUOUS ELECTRICAL POWER .  ARTICLE 3  1 . THE APPROVED BODIES SHALL ISSUE AN EEC TYPE-EXAMINATION CERTIFICATE FOR EACH TYPE OF POWER GENERATOR FOR WHICH THE SOUND POWER LEVEL OF AIRBORNE NOISE , MEASURED UNDER THE CONDITIONS SET OUT IN ANNEX I TO DIRECTIVE 79/113/EEC , AS AMENDED BY ANNEX I TO THIS DIRECTIVE , DOES NOT EXCEED THE PERMISSIBLE SOUND POWER LEVEL GIVEN IN THE FOLLOWING TABLE :  * PERMISSIBLE SOUND POWER LEVEL IN DB ( A ) /1 PW AS FROM  ELECTRIC POWER ( P ) * 18 MONTHS AFTER NOTIFICATION OF THE DIRECTIVE * 5 YEARS AFTER NOTIFICATION OF THE DIRECTIVE  P * 2 KVA * 104 * 102  2 KVA < P * 8 KVA * 104 * 100  8 KVA < P * 240 KVA * 103 * 100  P > 240 KVA * 105 * 100  2 . ALL APPLICATIONS FOR AN EEC TYPE-EXAMINATION CERTIFICATE IN RESPECT OF THE PERMISSIBLE SOUND POWER LEVEL OF A POWER GENERATOR SHALL BE ACCOMPANIED BY AN INFORMATION DOCUMENT CONFORMING TO THE MODEL SHOWN IN ANNEX II .  3 . FOR EACH TYPE WHICH IT CERTIFIES , THE APPROVED BODY SHALL COMPLETE ALL SECTIONS OF THE TYPE-EXAMINATION CERTIFICATE CONFORMING TO THE MODEL GIVEN IN ANNEX III TO THE FRAMEWORK DIRECTIVE .  4 . THE PERIOD OF VALIDITY OF EEC TYPE-EXAMINATION CERTIFICATES SHALL BE LIMITED TO FIVE YEARS . THIS MAY BE EXTENDED BY FIVE YEARS , PROVIDED THAT APPLICATION IS MADE IN THE 12 MONTHS BEFORE THE EXPIRY OF THE FIRST FIVE-YEAR PERIOD .  HOWEVER , AT THE END OF A PERIOD OF FIVE YEARS FROM NOTIFICATION OF THE DIRECTIVE , EEC TYPE-EXAMINATION CERTIFICATES SHALL CEASE TO BE VALID UNLESS THEY WERE ISSUED FOR POWER GENERATORS WHICH COMPLY WITH THE MAXIMUM LEVEL ENTERING INTO FORCE ON THAT DATE .  5 . BY WAY OF DEROGATION FROM ARTICLE 19 ( 1 ) OF THE FRAMEWORK DIRECTIVE , THE ADVANTAGES PROVIDED FOR IN THAT ARTICLE SHALL , AFTER A PERIOD OF 5 1/2 YEARS FROM NOTIFICATION OF THE DIRECTIVE , NO LONGER BE AVAILABLE FOR POWER GENERATORS SUPPLIED WITH CERTIFICATES OF CONFORMITY DRAWN UP ON THE BASIS OF AN EEC TYPE-EXAMINATION CERTIFICATE FOR THE FIGURES IN THE FIRST PERIOD ; THE PERIOD OF VALIDITY SHALL ACCORDINGLY BE SHOWN ON THE CERTIFICATES OF CONFORMITY CONCERNED .  6 . FOR EVERY POWER GENERATOR BUILT IN CONFORMITY WITH THE TYPE CERTIFIED BY EEC TYPE-EXAMINATION , THE MANUFACTURER SHALL COMPLETE A CERTIFICATE OF CONFORMITY CONFORMING TO THE MODEL GIVEN IN ANNEX IV TO THE FRAMEWORK DIRECTIVE IN THE COLUMNS RELATING TO THE EEC TYPE-EXAMINATION CERTIFICATE .  7 . EACH POWER GENERATOR BUILT IN ACCORDANCE WITH THE TYPE CERTIFIED BY EEC TYPE-EXAMINATION SHALL BEAR A CLEAR AND PERMANENT MARK INDICATING THE SOUND POWER LEVEL IN DB ( A ) TO 1 PW GUARANTEED BY THE MANUFACTURER AND DETERMINED AS LAID DOWN IN ANNEX I TO DIRECTIVE 79/113/EEC AS AMENDED BY ANNEX I TO THIS DIRECTIVE , TOGETHER WITH THE SYMBOL * ( EPSILON ) . THE MODEL FOR THIS MARK IS GIVEN IN ANNEX III TO THIS DIRECTIVE .  ARTICLE 4  MEMBER STATES MAY TAKE MEASURES TO REGULATE THE USE OF POWER GENERATORS IN AREAS WHICH THEY CONSIDER SENSITIVE .  ARTICLE 5  VERIFICATION OF THE CONFORMITY OF PRODUCTION MODELS WITH THE TYPE EXAMINED , AS PROVIDED FOR IN ARTICLE 12 OF THE FRAMEWORK DIRECTIVE , SHALL BE CARRIED OUT USING THE TECHNICAL PROCEDURE STIPULATED IN ANNEX IV .  ARTICLE 6  THE COUNCIL SHALL ACT UNANIMOUSLY WITHIN 18 MONTHS , ON THE PROPOSAL FOR A REDUCTION IN THE NOISE LEVELS WHICH THE COMMISSION WILL PRESENT AS SOON AS POSSIBLE AND NO LATER THAN FIVE YEARS AFTER THE ADOPTION OF THIS DIRECTIVE .  ARTICLE 7  THE FOLLOWING SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 5 OF DIRECTIVE 79/113/EEC :  - THE TECHNICAL PROCEDURE IN ANNEX IV FOR CHECKING THE CONFORMITY OF PRODUCTION MODELS WITH THE TYPE EXAMINED ,  - THE AMENDMENTS NECESSARY TO ADAPT THE REQUIREMENTS OF THE ANNEXES TO TECHNICAL PROGRESS .  ARTICLE 8  MEMBER STATES SHALL TAKE ALL THE NECESSARY MEASURES TO ENSURE THAT POWER GENERATORS AS DEFINED IN ARTICLE 2 CANNOT BE PLACED ON THE MARKET UNLESS THEY SATISFY THE PROVISIONS OF THIS DIRECTIVE AND THE FRAMEWORK DIRECTIVE .  ARTICLE 9  1 . MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE ON THE EXPIRY OF A PERIOD OF 18 MONTHS AS OF ITS NOTIFICATION ( 8 ) AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  2 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE TEXTS OF THE PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD GOVERNED BY THIS DIRECTIVE .  ARTICLE 10  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 17 SEPTEMBER 1984 .  FOR THE COUNCIL  THE PRESIDENT  P . BARRY  ANNEX I  METHOD OF MEASURING AIRBORNE NOISE EMITTED BY POWER GENERATORS  SCOPE  THIS MEASUREMENT METHOD SHALL BE APPLICABLE TO POWER GENERATORS . IT SHALL SPECIFY THE TEST PROCEDURES FOR USE IN DETERMINING THE SOUND POWER LEVEL OF SUCH EQUIPMENT FOR THE PURPOSE OF EEC TYPE-EXAMINATION AND CHECKING AS TO CONFORMITY .  THESE TECHNICAL PROCEDURES SHALL COMPLY WITH THE REQUIREMENTS OF ANNEX I TO DIRECTIVE 79/113/EEC .  ALL THE SECTIONS IN ANNEX I TO DIRECTIVE 79/113/EEC SHALL APPLY TO POWER GENERATORS , SUBJECT TO THE FOLLOWING AMENDMENTS :  4 . CRITERIA TO BE USED FOR EXPRESSING RESULTS  4.1 . THE ACOUSTIC CRITERION FOR THE ENVIRONMENT OF POWER GENERATORS SHALL BE THE SOUND POWER LEVEL .  6 . MEASURING CONDITIONS  6.2 . OPERATION OF THE SOUND SOURCE DURING MEASUREMENT .  6.2.1 . NOT APPLICABLE .  6.2.2 . THE POWER GENERATOR SHALL BE USED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS . IT SHALL OPERATE AT A STEADY SPEED , WITH A CURRENT FLOW THROUGH A NON-INDUCTIVE RESISTANCE EQUAL TO THREE-QUARTERS OF THE UNIT POWER LOAD IN KW DEFINED ON THE BASIS OF THE NOMINAL POWER IN KVA , TAKING INTO ACCOUNT THE POWER FACTOR ( COS * ) .  6.3 . MEASURING SITE .  THE POWER GENERATOR SHALL BE INSTALLED ON A REFLECTING PLANE OF CONCRETE OR NON-POROUS ASPHALT . SKID-MOUNTED POWER GENERATORS SHALL BE PLACED ON SUPPORTS ABOVE THE REFLECTING PLANE , UNLESS OTHERWISE REQUIRED BY THE MANUFACTURER'S CONDITIONS OF INSTALLATION .  6.4.1 . MEASURING SURFACE  THE MEASURING SURFACE TO BE USED FOR TESTING SHALL BE A HEMISPHERE . THE CENTRE OF THE HEMISPHERE SHALL BE THE VERTICAL PROJECTION ON TO THE REFLECTING PLANE OF THE GEOMETRIC CENTRE OF THE POWER GENERATOR . THE RADIUS SHALL BE :  - 4 M WHERE THE GREATEST DIMENSION OF THE POWER GENERATOR TO BE TESTED IS NOT MORE THAN 1,5 M ,  - 10 M WHERE THE GREATEST DIMENSION OF THE POWER GENERATOR TO BE TESTED IS MORE THAN 1,5 M BUT NOT MORE THAN 4 M ,  - 16 M WHERE THE GREATEST DIMENSION OF THE POWER GENERATOR TO BE TESTED IS MORE THAN 4 M .  TABLE I IN ANNEX I TO DIRECTIVE 79/113/EEC GIVES THE COORDINATES OF THE MEASURING POINTS .  6.4.2.1 . THE X AXIS OF THE SET OF COORDINATES , IN RELATION TO WHICH THE POSITIONS OF THE MEASURING POINTS ARE FIXED , SHALL BE PARALLEL TO THE MAIN AXIS OF THE POWER GENERATOR .  7 . MEASUREMENTS  7.1.1 . ONLY THE BACKGROUND NOISE SHALL BE TAKEN INTO ACCOUNT FOR THE PURPOSE OF CORRECTIONS .  7.1.5 . PRESENCE OF OBSTACLES .  A VISUAL CHECK IN A CIRCULAR ZONE WITH A RADIUS OF THREE TIMES THAT OF THE MEASUREMENT HEMISPHERE AND THE CENTRE OF WHICH COINCIDES WITH THE CENTRE OF THAT HEMISPHERE SHALL BE ADEQUATE TO ENSURE THAT THE PROVISIONS OF THE THIRD SUBPARAGRAPH OF SECTION 6.3 OF ANNEX I TO DIRECTIVE 79/113/EEC ARE COMPLIED WITH .  7.2 . MEASUREMENT OF THE SOUND PRESSURE LEVEL LPA .  IF THE SOUND PRESSURE LEVELS AT THE MEASURING POINTS ARE DETERMINED FROM READINGS TAKEN FROM A SONOMETER , THERE SHALL BE AT LEAST FIVE SUCH READINGS , TAKEN AT REGULAR INTERVALS .  8 . USE OF RESULTS  8.2 . NOT APPLICABLE .  8.6.2 . IN VIEW OF 6.3 , SECTION 8.6.2 SHALL NOT BE APPLICABLE AND C = 0 .  ANNEX II  MODEL INFORMATION DOCUMENT FOR A TYPE OF POWER GENERATOR TO BE SUPPLIED FOR EEC TYPE-EXAMINATION  1 . GENERAL  1.1 . NAME AND ADDRESS OF MANUFACTURER  1.2 . NAME AND ADDRESS OF MANUFACTURER'S AUTHORIZED REPRESENTATIVE ( IF ANY )  1.3 . MAKE ( NAME OF UNDERTAKING )  1.4 . TRADE NAME  1.5 . TYPE  2 . DIMENSIONS OF THE POWER GENERATOR UNIT  2.1 . LENGTH M  WIDTH M  HEIGHT M  MASS KG  2.2 . UNIT LAY-OUT : SKID-MOUNTED , TRAILER , OTHER ( 1 )  3 . OPERATING CONDITIONS  3.1 . OPERATION OF THE DRIVE MOTOR  3.1.1 . MAKE AND TYPE  3.1.2 . ENERGY SOURCE : PETROL , DIESEL , GAS ( 1 )  3.1.3 . SPEED OF ROTATION RPM  3.2 . OPERATION OF THE GENERATOR  3.2.1 . MAKE AND TYPE  3.2.2 . SPEED OF ROTATION RPM  3.2.3 . CONTINUOUS OPERATING POWER  - APPARENT POWER KVA :  - ACTUAL POWER ( KW ) :  3.2.4 . TYPE OF CURRENT : ALTERNATING CURRENT , SINGLE PHASE , THREE PHASE , DIRECT CURRENT , ETC . ( 1 )  3.2.5 . INTER-PHASES AND NEUTRAL VOLTAGE ( 1 )  3.2.6 . FREQUENC OF CURRENT HZ  4 . ATTACH DESCRIPTIVE TRADE LEAFLET , IF ANY .  ( 1 ) DELETE AS APPROPRIATE .  ANNEX III  MODEL FOR MARK FOR SOUND POWER LEVEL  ANNEX IV  TECHNICAL PROCEDURE FOR CHECKING THE CONFORMITY OF PRODUCTION MODELS WITH THE TYPE EXAMINED  THE CONFORMITY OF PRODUCTION MODELS WITH THE TYPE EXAMINED SHALL , IF POSSIBLE , BE VERIFIED BY SPOT CHECKS .


title: Directive 2008/12/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, as regards the implementing powers conferred on the Commission

text:
               19.3.2008

               EN

               Official Journal of the European Union

               L 76/39

      DIRECTIVE 2008/12/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2008
   amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators, as regards the implementing powers conferred on the Commission
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Directive 2006/66/EC of the European Parliament and of the Council (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

               (2)

               Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

               (3)

               In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

               (4)

               The Commission should be empowered to adapt Annex III and to adopt and revise detailed rules for exports and for the labelling of batteries and accumulators. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2006/66/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (5)

               Directive 2006/66/EC should therefore be amended accordingly.

               (6)

               Since the amendments made to Directive 2006/66/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments
   Directive 2006/66/EC is hereby amended as follows:

               1.

               Article 10(4) shall be replaced by the following:
               ‘4.   Transitional arrangements may be laid down in accordance with the regulatory procedure referred to in Article 24(2) to address difficulties faced by a Member State in satisfying the requirements of paragraph 2 as a result of specific national circumstances.
               A common methodology shall be established for the calculation of annual sales of portable batteries and accumulators to end-users by 26 September 2007. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).’;

               2.

               the first sentence of Article 12(6) shall be replaced by the following:
               ‘6.   Annex III may be adapted or supplemented to take account of technical or scientific progress. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).’;

               3.

               Article 15(3) shall be replaced by the following:
               ‘3.   Detailed rules for the implementation of this Article shall be laid down, in particular criteria for the assessment of equivalent conditions as referred to in paragraph 2. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).’;

               4.

               Article 17 shall be replaced by the following:
               ‘Article 17
               Registration
               Member States shall ensure that each producer is registered. Registration shall be subject to the same procedural requirements in each Member State. Such requirements for registration, designed to amend non-essential elements of this Directive by supplementing it, shall be established in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).’;

               5.

               Article 21 shall be amended as follows:

                           (a)

                           paragraph 2 shall be replaced by the following:
                           ‘2.   Member States shall ensure that the capacity of all portable and automotive batteries and accumulators is indicated on them in a visible, legible and indelible form by 26 September 2009. Detailed rules for the implementation of this requirement, including harmonised methods for the determination of capacity and appropriate use, shall be laid down no later than 26 March 2009. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).’;

                           (b)

                           paragraph 7 shall be replaced by the following:
                           ‘7.   Exemptions from the labelling requirements of this Article may be granted. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).’;

               6.

               Article 24(3) shall be replaced by the following:
               ‘3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’

         Article 2
   Entry into force
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 3
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 175, 27.7.2007, p. 57.

      (2)  Opinion of the European Parliament of 24 October 2007 (not yet published in the Official Journal) and Council Decision of 14 February 2008.

      (3)  OJ L 266, 26.9.2006, p. 1.

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

      (5)  OJ C 255, 21.10.2006, p. 1.


title: Commission Directive 2014/99/EU of 21 October 2014 amending, for the purposes of its adaptation to technical progress, Directive 2009/126/EC on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations

text:
               23.10.2014

               EN

               Official Journal of the European Union

               L 304/89

         COMMISSION DIRECTIVE 2014/99/EU
   of 21 October 2014
   amending, for the purposes of its adaptation to technical progress, Directive 2009/126/EC on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations (1), and in particular Article 8 thereof,
   Whereas:

               (1)

               Directive 2009/126/EC provides for the technical adaptation of its Articles 4 and 5 to technical progress where necessary to ensure consistency with any relevant standard drawn up by the European Committee for Standardisation (CEN).

               (2)

               On 25 September 2013, CEN made available Standards EN 16321-1:2013 and EN 16321-2:2013. Standard EN 16321-1:2013 specifies the test methods for the type approval of petrol vapour recovery systems for use in service stations. Standard EN 16321-2:2013 specifies the test methods to be used at service stations to verify the operation of such vapour recovery systems.

               (3)

               A technical adaptation of Articles 4 and 5 of Directive 2009/126/EC is therefore necessary in order to ensure consistency with those standards.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 9(1) of Directive 2009/126/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 2009/126/EC is amended as follows:

               (1)

               in Article 4, paragraph 1 is replaced by the following:
               ‘1.   Member States shall ensure, with effect from the date on which Stage II petrol vapour recovery systems become mandatory pursuant to Article 3, that the petrol vapour capture efficiency of such systems is equal to or greater than 85 % as certified by the manufacturer in accordance with Standard EN 16321-1:2013.’;

               (2)

               in Article 5, paragraph 1 is replaced by the following:
               ‘1.   Member States shall ensure that the in-service petrol vapour capture efficiency of Stage II petrol vapour recovery systems is tested at least once each year in accordance with Standard EN 16321-2:2013.’.
         Article 2
   1.   Member States shall adopt and publish, by 12 May 2016 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 13 May 2016.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   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
   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
   This Directive is addressed to the Member States.

      Done at Brussels, 21 October 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 285, 31.10.2009, p. 36.