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31979L0802

Commission Directive 79/802/EEC of 6 September 1979 on goods entered for inward processing which, if imported for release into free circulation, would benefit from a favourable tariff arrangement by reason of their end-use

Official Journal L 237 , 21/09/1979 P. 0029 - 0030 Greek special edition: Chapter 02 Volume 7 P. 0285  Spanish special edition: Chapter 02 Volume 6 P. 0070  Portuguese special edition Chapter 02 Volume 6 P. 0070

COMMISSION DIRECTIVE  of 6 September 1979  on goods entered for inward processing which, if imported for release into free circulation, would benefit from a favourable tariff arrangement by reason of their end-use  (79/802/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 69/73/EEC of 4 March on the harmonization of provisions laid down by law, regulation or administrative action in respect of inward processing (1), as last amended by Directive 76/119/EEC (2), and in particular Article 28 thereof,  Whereas, pursuant to Article 16 of Directive 69/73/EEC, the duties to be charged in respect of compensating products, intermediate products or goods in the unaltered state are those appropriate to the goods entered for inward processing according to the rate or amount applicable on the date of acceptance of the relevant customs document by the competent authorities;  Whereas certain goods, if released into free circulation, may, by reason of their end-use in accordance with the relevant Community provisions, benefit from a favourable tariff arrangement at importation consisting of the application of reduced rates of duty;  Whereas it should be made clear that, where these same goods are entered for inward processing in order to obtain compensating products representing the end-use referred to above, the rate of the duties to be charged pursuant to Article 16 of Directive 69/73/EEC is that corresponding to the favourable tariff arrangement, in so far as the goods in question have indeed been put to the end-use which allows such arrangement to be granted in accordance with the relevant Community provisions or are made subject to the conditions provided for by the Community for the granting of the said arrangement;  Whereas this reduced rate must be applicable even where, at the time of their entry for inward processing, the goods were not declared under the tariff subheading which provides for the granting of the favourable tariff arrangement by reason of end-use;  Whereas it may happen in certain cases that the goods entered for inward processing are not put to the end-use in respect of which a favourable tariff arrangement is provided ; whereas the authorities may therefore require a deposit or security in respect of the full amount of the duties normally chargeable if they authorized the release into free circulation of the compensating products, intermediate products or goods in the unaltered state;  Whereas the period within which the goods must have been put to the relevant end-use, within the framework of the favourable tariff arrangement, starts to run on the date on which the declaration for release into free circulation is accepted by the competent authorities ; whereas, in the case of inward processing arrangements, such period must consequently start to run at the moment of acceptance by the competent authorities of the customs document relating to the entry of the goods for inward processing;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Customs Processing Arrangements,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. The duties to be charged pursuant to Article 16 of Directive 69/73/EEC on goods which, at the time when they were entered for inward processing, were eligible for a favourable tariff arrangement by reason of their end-use shall be calculated by reference to the rate corresponding to this favourable tariff arrangement in so far as the said goods:    (a) have indeed been put to the end-use which allows such arrangement to be granted in accordance with the relevant Community provisions;  or       (b) are made subject to the conditions provided for by the Community for the granting of the said arrangement.  (1)OJ No L 58, 8.3.1969, p. 1. (2)OJ No L 24, 30.1.1976, p. 58.          2. The provisions of paragraph 1 shall be applicable even where, at the time of their entry for inward processing, the goods were not declared under a tariff subheading which provides for a favourable tariff arrangement to be granted by reason of end-use, provided that the requisite control measures so permit.  3. Where the goods are declared at the time of their entry for inward processing under a tariff subheading which provides for a favourable tariff arrangement to be granted by reason of end-use, the competent authorities may require a deposit or security in respect of the full amount of the duties which would have to be charged if they allowed the compensating products, intermediate products or goods in the unaltered state to be put into free circulation without the goods having been put to the end-use for which the favourable tariff arrangement is provided.   Article 2 1. The provisions of Article 1 (1) shall be applicable only in so far as the goods are put to the end-use prescribed for the granting of the favourable tariff arrangement before the expiry of the period established in this respect in the Regulations which lay down the conditions to which the admission of the said goods to the benefit of the arrangement is subject. This period shall start to run at the time of acceptance by the competent authorities of the customs document relating to the entry of the goods for inward processing.  2. However, the period referred to in paragraph 1 may be extended by the competent authorities if the goods have not been put to the relevant end-use by reason of inevitable accident or force majeure or for reasons inherent in the technical requirements for working or processing the goods.   Article 3 1. Member States shall bring into force the provisions required to comply with this Directive not later than 1 January 1980. They shall immediately inform the Commission thereof.  2. The Commission shall forward this information to the other Member States.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 6 September 1979.  For the Commission  Étienne DAVIGNON  Member of the Commission


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32001L0103

Commission Directive 2001/103/EC of 28 November 2001 amending Annex I to Council Directive 91/414/EEC concerning the placing of plant protection products on the market to include 2,4-dichlorophenoxy acetic acid (2,4-D) as an active substance (Text with EEA relevance)

Official Journal L 313 , 30/11/2001 P. 0037 - 0039

Commission Directive 2001/103/ECof 28 November 2001amending Annex I to Council Directive 91/414/EEC concerning the placing of plant protection products on the market to include 2,4-dichlorophenoxy acetic acid (2,4-D) as an active substance(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), as last amended by Commission Directive 2001/1999/EC(2), and in particular Article 6(1) thereof,Whereas:(1) Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market(3), as last amended by Regulation (EC) No 2266/2000(4), provides for the adoption of a list of certain active substances of plant protection products to be assessed with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list is contained in Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant protection products and designating the rapporteur Member States for the implementation of Commission Regulation (EEC) No 3600/92(5), as last amended by Regulation (EC) No 2230/95(6), and includes 2,4-dichlorophenoxy acetic acid ("2,4-D").(2) For 2,4-D the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulation (EEC) No 3600/92 for a range of uses proposed by the notifiers. Under Regulation (EC) No 933/94, Greece was designated as rapporteur Member State for 2,4-D. The rapporteur Member State submitted the relevant assessment report and recommendations to the Commission on 17 January 1997 in accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92.(3) This assessment report has been reviewed by the Member States and the Commission within the Standing Committee on Plant Health. The review was finalised on 2 October 2001 in the format of the Commission review report for 2,4-D.(4) The dossiers and the information from the review of 2,4-D were also submitted to the Scientific Committee for Plants. In its opinion(7) of 21 May 2001 the Committee commented on the selection of a suitable animal model to be used for human risk assessment. The recommendation was taken into consideration in formulating this Directive and the relevant review report.(5) It has appeared from the various examinations made that plant protection products containing 2,4-D may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include the active substance concerned in Annex I to that Directive, in order to ensure that in all Member States the authorisations of plant protection products containing 2,4-D can be granted in accordance with the provisions of Directive 91/414/EEC.(6) A reasonable period should be provided for before an active substance is included in Annex I to Directive 91/414/EEC in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion. Moreover, Directive 91/414/EEC provides that after inclusion of an active substance in Annex I thereto, Member States must, within a prescribed period, review and grant, vary or withdraw, as appropriate, the authorisations of the plant protection products containing the active substance. It is therefore necessary to stipulate such a period. A longer period should be provided for the submission and assessment of the complete dossier of each plant protection product in accordance with the uniform principles laid down in Directive 91/414/EEC. For plant protection products containing several active substances, the complete evaluation on the basis of the uniform principles can only be carried out when all the active substances concerned have been included in Annex I to Directive 91/414/EEC.(7) The review report is required for the proper implementation by the Member States, of several sections of the uniform principles laid down in Directive 91/414/EEC. The finalised review report, except for confidential information, should be kept available or made available by the Member States for consultation by any interested parties. If the review report has to be updated to take account of technical and scientific developments, the conditions for the inclusion of the substance concerned in Annex I to Directive 91/414/EEC should also be amended in accordance with that Directive.(8) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.Article 2Member States shall keep available the review report for 2,4-D, except for confidential information within the meaning of Article 14 of Directive 91/414/EEC, for consultation by any interested parties or shall make it available to them on specific request.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, by 1 April 2003 at the latest. They shall forthwith inform the Commission thereof.In particular they shall, in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing 2,4-D as active substance by that date.When Member States adopt these provisions, they shall contain a reference to this Directive or shall 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. With regard to evaluation and decision-making pursuant to the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III thereto, the time limit for amending or withdrawing authorisations for plant protection products containing 2,4-D as the only active substance shall be 1 October 2006.3. For plant protection products containing 2,4-D together with another active substance which is in Annex I to Directive 91/414/EEC, the period for amending or withdrawing authorisations shall expire four years after the entry into force of the Directive which amended Annex I so as to add the last of those substances to it.Article 4This Directive shall enter into force on 1 October 2002.Article 5This Directive is addressed to the Member States.Done at Brussels, 28 November 2001.For the CommissionDavid ByrneMember of the Commission(1) OJ L 230, 19.8.1991, p. 1.(2) OJ L 304, 21.11.2001, p. 14.(3) OJ L 366, 15.12.1992, p. 10.(4) OJ L 259, 13.10.2000, p. 27.(5) OJ L 107, 28.4.1994, p. 8.(6) OJ L 225, 22.9.1995, p. 1.(7) Opinion of the Scientific Committee on Plants regarding the evaluation of 2,4-dichlorophenoxy acetic acid (2,4-D) in the context of Council Directive 91/414/EEC concerning the placing of plant protection products on the market - SCP/2,4d/002-final.ANNEXThe following entries shall be added at the end of the table in Annex I to Directive 91/414/EEC: ""(1) Further details on identity and specification of active substance are provided in the review report.


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31978L1031

Council Directive 78/1031/EEC of 5 December 1978 on the approximation of the laws of the Member States relating to automatic checkweighing and weight grading machines

Official Journal L 364 , 27/12/1978 P. 0001 - 0021 Finnish special edition: Chapter 13 Volume 9 P. 0127  Greek special edition: Chapter 13 Volume 8 P. 0003  Swedish special edition: Chapter 13 Volume 9 P. 0127  Spanish special edition: Chapter 13 Volume 9 P. 0134  Portuguese special edition Chapter 13 Volume 9 P. 0134

COUNCIL DIRECTIVE  of 5 December 1978  on the approximation of the laws of the Member States relating to automatic checkweighing and weight grading machines  (78/1031/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 in the various Member States construction and methods of control of checkweighing and weight grading machines are subject to mandatory provisions which differ from one Member State to another and consequently hinder trade in such instruments ; whereas it is therefore necessary to approximate these provisions;  Whereas Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (4), as last amended by Directive 72/427/EEC (5), has laid down the EEC pattern approval and EEC initial verification procedures ; whereas, in accordance with that Directive, it is necessary to lay down the technical requirements which the manufacture and operation of checkweighing and weight grading machines must satisfy in order to be imported, marketed and freely used after having undergone the requisite inspections and having been provided with the required marks and signs,  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive applies to automatic checkweighing and weight grading machines. These instruments are defined in Section 1 of the Annex.   Article 2 Those checkweighing and weight grading machines which may bear EEC marks and signs are described in the Annex.  They shall be subject to EEC pattern approval and shall be submitted for EEC initial verification.   Article 3 No Member State may prevent, prohibit or restrict the placing on the market or entry into service of automatic  (1)OJ No C 54, 8.3.1976, p. 44. (2)OJ No C 125, 8.6.1976, p. 43. (3)OJ No C 197, 23.8.1976, p. 13. (4)OJ No L 202, 6.9.1971, p. 1. (5)OJ No L 291, 28.12.1972, p. 156.   checkweighing and weight grading machines bearing the EEC pattern approval sign or EEC initial verification mark on grounds concerning their metrological characteristics.   Article 4 1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  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 5 This Directive is addressed to the Member States.     Done at Brussels, 5 December 1978.  For the Council  The President  M. LAHNSTEIN


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31982L0501

Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities

Official Journal L 230 , 05/08/1982 P. 0001 - 0018 Finnish special edition: Chapter 15 Volume 4 P. 0023  Spanish special edition: Chapter 15 Volume 3 P. 0228  Swedish special edition: Chapter 15 Volume 4 P. 0023  Portuguese special edition Chapter 15 Volume 3 P. 0228

++++( 1 ) OJ NO C 212 , 24 . 8 . 1979 , P . 4 .  ( 2 ) OJ NO C 175 , 14 . 7 . 1980 , P . 48 .  ( 3 ) OJ NO C 182 , 21 . 7 . 1980 , P . 25 .  ( 4 ) OJ NO C 112 , 20 . 12 . 1973 , P . 1 .  ( 5 ) OJ NO C 139 , 13 . 6 . 1977 , P . 1 .  ( 6 ) OJ NO C 165 , 11 . 7 . 1978 , P . 1 .  ( 7 ) OJ NO L 185 , 9 . 7 . 1974 , P . 15 .  COUNCIL DIRECTIVE OF 24 JUNE 1982 ON THE MAJOR-ACCIDENT HAZARDS OF CERTAIN INDUSTRIAL ACTIVITIES  ( 82/501/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 100 AND 235 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,  WHEREAS THE OBJECTIVES AND PRINCIPLES OF THE COMMUNITY ENVIRONMENT POLICY WERE FIXED BY THE ACTION PROGRAMMES OF THE EUROPEAN COMMUNITIES ON THE ENVIRONMENT OF 22 NOVEMBER 1973 ( 4 ) AND 17 MAY 1977 ( 5 ) , AND HAVING REGARD IN PARTICULAR TO THE PRINCIPLE THAT THE BEST POLICY CONSISTS IN PREVENTING THE CREATION OF POLLUTION OR NUISANCES AT SOURCE ; WHEREAS TO THIS END TECHNICAL PROGRESS SHOULD BE CONCEIVED AND DIRECTED SO AS TO MEET THE CONCERN FOR THE PROTECTION OF THE ENVIRONMENT ;  WHEREAS THE OBJECTIVES OF THE COMMUNITY POLICY OF HEALTH AND SAFETY AT WORK WERE FIXED BY THE COUNCIL RESOLUTION OF 29 JUNE 1978 ON AN ACTION PROGRAMME OF THE EUROPEAN COMMUNITIES ON SAFETY AND HEALTH AT WORK ( 6 ) , AND HAVING REGARD IN PARTICULAR TO THE PRINCIPLE THAT THE BEST POLICY CONSISTS IN OBVIATING POSSIBLE ACCIDENTS AT SOURCE BY THE INTEGRATION OF SAFETY AT THE VARIOUS STAGES OF DESIGN , CONSTRUCTION AND OPERATION ;  WHEREAS THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK , SET UP BY DECISION 74/325/EEC ( 7 ) , HAS BEEN CONSULTED ;  WHEREAS THE PROTECTION OF THE PUBLIC AND THE ENVIRONMENT AND SAFETY AND HEALTH PROTECTION AT WORK CALL FOR PARTICULAR ATTENTION TO BE GIVEN TO CERTAIN INDUSTRIAL ACTIVITIES CAPABLE OF CAUSING MAJOR ACCIDENTS ; WHEREAS SUCH ACCIDENTS HAVE ALREADY OCCURRED IN THE COMMUNITY AND HAVE HAD SERIOUS CONSEQUENCES FOR WORKERS AND , MORE GENERALLY , FOR THE PUBLIC AND THE ENVIRONMENT ;  WHEREAS , FOR EVERY INDUSTRIAL ACTIVITY WHICH INVOLVES , OR MAY INVOLVE , DANGEROUS SUBSTANCES AND WHICH , IN THE EVENT OF A MAJOR ACCIDENT , MAY HAVE SERIOUS CONSEQUENCES FOR MAN AND THE ENVIRONMENT , THE MANUFACTURER MUST TAKE ALL NECESSARY MEASURES TO PREVENT SUCH ACCIDENT AND TO LIMIT THE CONSEQUENCES THEREOF ;  WHEREAS THE TRAINING AND INFORMATION OF PERSONS WORKING ON AN INDUSTRIAL SITE CAN PLAY A PARTICULARLY IMPORTANT PART IN PREVENTING MAJOR ACCIDENTS AND BRINGING THE SITUATION UNDER CONTROL IN THE EVENT OF SUCH ACCIDENTS ;  WHEREAS , IN THE CASE OF INDUSTRIAL ACTIVITIES WHICH INVOLVE OR MAY INVOLVE SUBSTANCES THAT ARE PARTICULARLY DANGEROUS IN CERTAIN QUANTITIES , IT IS NECESSARY FOR THE MANUFACTURER TO PROVIDE THE COMPETENT AUTHORITIES WITH INFORMATION INCLUDING DETAILS OF THE SUBSTANCES IN QUESTION AND HIGH-RISK INSTALLATIONS AND SITUATIONS , WITH A VIEW TO REDUCING THE HAZARDS OF MAJOR ACCIDENTS AND ENABLING THE NECESSARY STEPS TO BE TAKEN TO REDUCE THEIR CONSEQUENCES ;  WHEREAS IT IS NECESSARY TO LAY DOWN THAT ANY PERSON OUTSIDE THE ESTABLISHMENT LIABLE TO BE AFFECTED BY A MAJOR ACCIDENT SHOULD BE APPROPRIATELY INFORMED OF THE SAFETY MEASURES TO BE TAKEN AND OF THE CORRECT BEHAVIOUR TO BE ADOPTED IN THE EVENT OF AN ACCIDENT ;  WHEREAS , IF A MAJOR ACCIDENT OCCURS , THE MANUFACTURER MUST IMMEDIATELY INFORM THE COMPETENT AUTHORITIES AND COMMUNICATE THE INFORMATION NECESSARY FOR ASSESSING THE IMPACT OF THAT ACCIDENT ;  WHEREAS MEMBER STATES SHOULD FORWARD INFORMATION TO THE COMMISSION REGARDING MAJOR ACCIDENTS OCCURRING ON THEIR TERRITORY , SO THAT THE COMMISSION CAN ANALYZE THE HAZARDS FROM MAJOR ACCIDENTS ;  WHEREAS THIS DIRECTIVE DOES NOT PRECLUDE THE CONCLUSION BY A MEMBER STATE OF AGREEMENTS WITH THIRD COUNTRIES CONCERNING THE EXCHANGE OF INFORMATION TO WHICH IT IS PRIVY AT INTERNAL LEVEL OTHER THAN THAT OBTAINED THROUGH THE COMMUNITY ARRANGEMENTS FOR THE EXCHANGE OF INFORMATION SET UP BY THIS DIRECTIVE ;  WHEREAS DISPARITY BETWEEN PROVISIONS ALREADY APPLICABLE OR BEING PREPARED IN THE VARIOUS MEMBER STATES ON MEASURES TO PREVENT MAJOR ACCIDENTS AND LIMIT THEIR CONSEQUENCES FOR MAN AND THE ENVIRONMENT MAY CREATE UNEQUAL CONDITIONS OF COMPETITION AND HENCE DIRECTLY AFFECT THE FUNCTIONING OF THE COMMON MARKET ; WHEREAS THE APPROXIMATION OF LAWS PROVIDED FOR IN ARTICLE 100 OF THE TREATY SHOULD THEREFORE BE CARRIED OUT IN THIS FIELD ;  WHEREAS IT SEEMS NECESSARY TO COMBINE THIS APPROXIMATION OF LAWS WITH ACTION BY THE COMMUNITY AIMED AT ATTAINING ONE OF THE COMMUNITY OBJECTIVES IN THE FIELD OF ENVIRONMENTAL PROTECTION AND HEALTH AND SAFETY AT WORK ; WHEREAS , IN PURSUANCE OF THIS AIM , CERTAIN SPECIFIC PROVISIONS SHOULD THEREFORE BE LAID DOWN ; WHEREAS , SINCE THE NECESSARY POWERS HAVE NOT BEEN PROVIDED BY THE TREATY , ARTICLE 235 OF THE TREATY SHOULD BE INVOKED ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . THIS DIRECTIVE IS CONCERNED WITH THE PREVENTION OF MAJOR ACCIDENTS WHICH MIGHT RESULT FROM CERTAIN INDUSTRIAL ACTIVITIES AND WITH THE LIMITATION OF THEIR CONSEQUENCES FOR MAN AND THE ENVIRONMENT . IT IS DIRECTED IN PARTICULAR TOWARDS THE APPROXIMATION OF THE MEASURES TAKEN BY MEMBER STATES IN THIS FIELD .  2 . FOR THE PURPOSES OF THIS DIRECTIVE :  ( A ) INDUSTRIAL ACTIVITY MEANS :  - ANY OPERATION CARRIED OUT IN AN INDUSTRIAL INSTALLATION REFERRED TO IN ANNEX I INVOLVING , OR POSSIBLY INVOLVING , ONE OR MORE DANGEROUS SUBSTANCES AND CAPABLE OF PRESENTING MAJOR-ACCIDENT HAZARDS , AND ALSO TRANSPORT CARRIED OUT WITHIN THE ESTABLISHMENT FOR INTERNAL REASONS AND THE STORAGE ASSOCIATED WITH THIS OPERATION WITHIN THE ESTABLISHMENT ,  - ANY OTHER STORAGE IN ACCORDANCE WITH THE CONDITIONS SPECIFIED IN ANNEX II ;  ( B ) MANUFACTURER MEANS :  - ANY PERSON IN CHARGE OF AN INDUSTRIAL ACTIVITY ;  ( C ) MAJOR ACCIDENT MEANS :  - AN OCCURRENCE SUCH AS A MAJOR EMISSION , FIRE OR EXPLOSION RESULTING FROM UNCONTROLLED DEVELOPMENTS IN THE COURSE OF AN INDUSTRIAL ACTIVITY , LEADING TO A SERIOUS DANGER TO MAN , IMMEDIATE OR DELAYED , INSIDE OR OUTSIDE THE ESTABLISHMENT , AND/OR TO THE ENVIRONMENT , AND INVOLVING ONE OR MORE DANGEROUS SUBSTANCES ;  ( D ) DANGEROUS SUBSTANCES MEANS :  - FOR THE PURPOSES OF ARTICLES 3 AND 4 , SUBSTANCES GENERALLY CONSIDERED TO FULFIL THE CRITERIA LAID DOWN IN ANNEX IV ,  - FOR THE PURPOSES OF ARTICLE 5 , SUBSTANCES IN THE LISTS IN ANNEX III AND ANNEX II IN THE QUANTITIES REFERRED TO IN THE SECOND COLUMN .  ARTICLE 2  THIS DIRECTIVE DOES NOT APPLY TO THE FOLLOWING :  1 . NUCLEAR INSTALLATIONS AND PLANT FOR THE PROCESSING OF RADIOACTIVE SUBSTANCES AND MATERIAL ;  2 . MILITARY INSTALLATIONS ;  3 . THE MANUFACTURE AND SEPARATE STORAGE OF EXPLOSIVES , GUNPOWDER AND MUNITIONS ;  4 . EXTRACTION AND OTHER MINING OPERATIONS ;  5 . INSTALLATIONS FOR THE DISPOSAL OF TOXIC AND DANGEROUS WASTE WHICH ARE COVERED BY COMMUNITY ACTS IN SO FAR AS THE PURPOSE OF THOSE ACTS IS THE PREVENTION OF MAJOR ACCIDENTS .  ARTICLE 3  MEMBER STATES SHALL ADOPT THE PROVISIONS NECESSARY TO ENSURE THAT , IN THE CASE OF ANY OF THE INDUSTRIAL ACTIVITIES SPECIFIED IN ARTICLE 1 , THE MANUFACTURER IS OBLIGED TO TAKE ALL THE MEASURES NECESSARY TO PREVENT MAJOR ACCIDENTS AND TO LIMIT THEIR CONSEQUENCES FOR MAN AND THE ENVIRONMENT .  ARTICLE 4  MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO ENSURE THAT ALL MANUFACTURERS ARE REQUIRED TO PROVE TO THE COMPETENT AUTHORITY AT ANY TIME , FOR THE PURPOSES OF THE CONTROLS REFERRED TO IN ARTICLE 7 ( 2 ) , THAT THEY HAVE IDENTIFIED EXISTING MAJOR-ACCIDENT HAZARDS , ADOPTED THE APPROPRIATE SAFETY MEASURES , AND PROVIDED THE PERSONS WORKING ON THE SITE WITH INFORMATION , TRAINING AND EQUIPMENT IN ORDER TO ENSURE THEIR SAFETY .  ARTICLE 5  1 . WITHOUT PREJUDICE TO ARTICLE 4 , MEMBER STATES SHALL INTRODUCE THE NECESSARY MEASURES TO REQUIRE THE MANUFACTURER TO NOTIFY THE COMPETENT AUTHORITIES SPECIFIED IN ARTICLE 7 :  - IF , IN AN INDUSTRIAL ACTIVITY AS DEFINED IN ARTICLE 1 ( 2 ) ( A ) , FIRST INDENT , ONE OR MORE OF THE DANGEROUS SUBSTANCES LISTED IN ANNEX III ARE INVOLVED , OR IT IS RECOGNIZED THAT THEY MAY BE INVOLVED , IN THE QUANTITIES LAID DOWN IN THE SAID ANNEX , SUCH AS :  - SUBSTANCES STORED OR USED IN CONNECTION WITH THE INDUSTRIAL ACTIVITY CONCERNED ,  - PRODUCTS OF MANUFACTURE ,  - BY-PRODUCTS , OR  - RESIDUES ,  - OR IF , IN AN INDUSTRIAL ACTIVITY AS DEFINED IN ARTICLE 1 ( 2 ) ( A ) , SECOND INDENT , ONE OR MORE OF THE DANGEROUS SUBSTANCES LISTED IN ANNEX II ARE STORED IN THE QUANTITIES LAID DOWN IN THE SECOND COLUMN OF THE SAME ANNEX .  THE NOTIFICATION SHALL CONTAIN THE FOLLOWING :  ( A ) INFORMATION RELATING TO SUBSTANCES LISTED , RESPECTIVELY , IN ANNEX II AND ANNEX III , THAT IS TO SAY :  - THE DATA AND INFORMATION LISTED IN ANNEX V ,  - THE STAGE OF THE ACTIVITY IN WHICH THE SUBSTANCES ARE INVOLVED OR MAY BE INVOLVED ,  - THE QUANTITY ( ORDER OF MAGNITUDE ) ,  - THE CHEMICAL AND/OR PHYSICAL BEHAVIOUR UNDER NORMAL CONDITIONS OF USE DURING THE PROCESS ,  - THE FORMS IN WHICH THE SUBSTANCES MAY OCCUR OR INTO WHICH THEY MAY BE TRANSFORMED IN THE CASE OF ABNORMAL CONDITIONS WHICH CAN BE FORESEEN ,  - IF NECESSARY , OTHER DANGEROUS SUBSTANCES WHOSE PRESENCE COULD HAVE AN EFFECT ON THE POTENTIAL HAZARD PRESENTED BY THE RELEVANT INDUSTRIAL ACTIVITY ;  ( B ) INFORMATION RELATING TO THE INSTALLATIONS , THAT IS TO SAY :  - THE GEOGRAPHICAL LOCATION OF THE INSTALLATIONS AND PREDOMINANT METEOROLOGICAL CONDITIONS AND SOURCES OF DANGER ARISING FROM THE LOCATION OF THE SITE ,  - THE MAXIMUM NUMBER OF PERSONS WORKING ON THE SITE OF THE ESTABLISHMENT AND PARTICULARLY OF THOSE PERSONS EXPOSED TO THE HAZARD ,  - A GENERAL DESCRIPTION OF THE TECHNOLOGICAL PROCESSES ,  - A DESCRIPTION OF THE SECTIONS OF THE ESTABLISHMENT WHICH ARE IMPORTANT FROM THE SAFETY POINT OF VIEW , THE SOURCES OF HAZARD AND THE CONDITIONS UNDER WHICH A MAJOR ACCIDENT COULD OCCUR , TOGETHER WITH A DESCRIPTION OF THE PREVENTIVE MEASURES PLANNED ,  - THE ARRANGEMENTS MADE TO ENSURE THAT THE TECHNICAL MEANS NECESSARY FOR THE SAFE OPERATION OF PLANT AND TO DEAL WITH ANY MALFUNCTIONS THAT ARISE ARE AVAILABLE AT ALL TIMES ;  ( C ) INFORMATION RELATING TO POSSIBLE MAJOR-ACCIDENT SITUATIONS , THAT IS TO SAY :  - EMERGENCY PLANS , INCLUDING SAFETY EQUIPMENT , ALARM SYSTEMS AND RESOURCES AVAILABLE FOR USE INSIDE THE ESTABLISHMENTS IN DEALING WITH A MAJOR ACCIDENT ,  - ANY INFORMATION NECESSARY TO THE COMPETENT AUTHORITIES TO ENABLE THEM TO PREPARE EMERGENCY PLANS FOR USE OUTSIDE THE ESTABLISHMENT IN ACCORDANCE WITH ARTICLE 7 ( 1 ) ,  - THE NAMES OF THE PERSON AND HIS DEPUTIES OR THE QUALIFIED BODY RESPONSIBLE FOR SAFETY AND AUTHORIZED TO SET THE EMERGENCY PLANS IN MOTION AND TO ALERT THE COMPETENT AUTHORITIES SPECIFIED IN ARTICLE 7 .  2 . IN THE CASE OF NEW INSTALLATIONS , THE NOTIFICATION REFERRED TO IN PARAGRAPH 1 MUST REACH THE COMPETENT AUTHORITIES A REASONABLE LENGTH OF TIME BEFORE THE INDUSTRIAL ACTIVITY COMMENCES .  3 . THE NOTIFICATION SPECIFIED IN PARAGRAPH 1 SHALL BE UPDATED PERIODICALLY TO TAKE ACCOUNT OF NEW TECHNICAL KNOWLEDGE RELATIVE TO SAFETY AND OF DEVELOPMENTS IN KNOWLEDGE CONCERNING THE ASSESSMENT OF HAZARDS .  4 . IN THE CASE OF INDUSTRIAL ACTIVITIES FOR WHICH THE QUANTITIES , BY SUBSTANCE , LAID DOWN IN ANNEX II OR III , AS APPROPRIATE , ARE EXCEEDED IN A GROUP OF INSTALLATIONS BELONGING TO THE SAME MANUFACTURER WHICH ARE LESS THAN 500 METRES APART , THE MEMBER STATES SHALL TAKE THE NECESSARY STEPS TO ENSURE THAT THE MANUFACTURER SUPPLIES THE AMOUNT OF INFORMATION REQUIRED FOR THE NOTIFICATION REFERRED TO IN PARAGRAPH 1 , WITHOUT PREJUDICE TO ARTICLE 7 , HAVING REGARD TO THE FACT THAT THE INSTALLATIONS ARE A SHORT DISTANCE APART AND THAT ANY MAJOR-ACCIDENT HAZARDS MAY THEREFORE BE AGGRAVATED .  ARTICLE 6  IN THE EVENT OF MODIFICATION OF AN INDUSTRIAL ACTIVITY WHICH COULD HAVE SIGNIFICANT CONSEQUENCES AS REGARDS MAJOR-ACCIDENT HAZARDS , THE MEMBER STATES SHALL TAKE APPROPRIATE MEASURES TO ENSURE THAT THE MANUFACTURER :  - REVISES THE MEASURES SPECIFIED IN ARTICLES 3 AND 4 ,  - INFORMS THE COMPETENT AUTHORITIES REFERRED TO IN ARTICLE 7 IN ADVANCE , IF NECESSARY , OF SUCH MODIFICATION IN SO FAR AS IT AFFECTS THE INFORMATION CONTAINED IN THE NOTIFICATION SPECIFIED IN ARTICLE 5 .  ARTICLE 7  1 . THE MEMBER STATES SHALL SET UP OR APPOINT THE COMPETENT AUTHORITY OR AUTHORITIES WHO , ACCOUNT BEING TAKEN OF THE RESPONSIBILITY OF THE MANUFACTURER , ARE RESPONSIBLE FOR :  - RECEIVING THE NOTIFICATION REFERRED TO IN ARTICLE 5 AND THE INFORMATION REFERRED TO IN THE SECOND INDENT OF ARTICLE 6 ,  - EXAMINING THE INFORMATION PROVIDED ,  - ENSURING THAT AN EMERGENCY PLAN IS DRAWN UP FOR ACTION OUTSIDE THE ESTABLISHMENT IN RESPECT OF WHOSE INDUSTRIAL ACTIVITY NOTIFICATION HAS BEEN GIVEN ,  AND , IF NECESSARY ,  - REQUESTING SUPPLEMENTARY INFORMATION ,  - ASCERTAINING THAT THE MANUFACTURER TAKES THE MOST APPROPRIATE MEASURES , IN CONNECTION WITH THE VARIOUS OPERATIONS INVOLVED IN THE INDUSTRIAL ACTIVITY FOR WHICH NOTIFICATION HAS BEEN GIVEN , TO PREVENT MAJOR ACCIDENTS AND TO PROVIDE THE MEANS FOR LIMITING THE CONSEQUENCES THEREOF .  2 . THE COMPETENT AUTHORITIES SHALL ORGANIZE INSPECTIONS OR OTHER MEASURES MEASURES OF CONTROL PROPER TO THE TYPE OF ACTIVITY CONCERNED , IN ACCORDANCE WITH NATIONAL REGULATIONS .  ARTICLE 8  1 . MEMBER STATES SHALL ENSURE THAT PERSONS LIABLE TO BE AFFECTED BY A MAJOR ACCIDENT ORIGINATING IN A NOTIFIED INDUSTRIAL ACTIVITY WITHIN THE MEANING OF ARTICLE 5 ARE INFORMED IN AN APPROPRIATE MANNER OF THE SAFETY MEASURES AND OF THE CORRECT BEHAVIOUR TO ADOPT IN THE EVENT OF AN ACCIDENT .  2 . THE MEMBER STATES CONCERNED SHALL AT THE SAME TIME MAKE AVAILABLE TO THE OTHER MEMBER STATES CONCERNED , AS A BASIS FOR ALL NECESSARY CONSULTATION WITHIN THE FRAMEWORK OF THEIR BILATERAL RELATIONS , THE SAME INFORMATION AS THAT WHICH IS DISSEMINATED TO THEIR OWN NATIONALS .  ARTICLE 9  1 . THIS DIRECTIVE SHALL APPLY TO BOTH NEW AND EXISTING INDUSTRIAL ACTIVITIES .  2 . " NEW INDUSTRIAL ACTIVITY " SHALL ALSO INCLUDE ANY MODIFICATION TO AN EXISTING INDUSTRIAL ACTIVITY LIKELY TO HAVE IMPORTANT IMPLICATIONS FOR MAJOR-ACCIDENT HAZARDS .  3 . IN THE CASE OF EXISTING INDUSTRIAL ACTIVITIES , THIS DIRECTIVE SHALL APPLY AT THE LATEST ON 8 JANUARY 1985 .  HOWEVER , AS REGARDS THE APPLICATION OF ARTICLE 5 TO AN EXISTING INDUSTRIAL ACTIVITY , THE MEMBER STATES SHALL ENSURE THAT THE MANUFACTURER SHALL SUBMIT TO THE COMPETENT AUTHORITY , AT THE LATEST ON 8 JANUARY 1985 , A DECLARATION COMPRISING :  - NAME OR TRADE NAME AND COMPLETE ADDRESS ,  - REGISTERED PLACE OF BUSINESS OF THE ESTABLISHMENT AND COMPLETE ADDRESS ,  - NAME OF THE DIRECTOR IN CHARGE ,  - TYPE OF ACTIVITY ,  - TYPE OF PRODUCTION OR STORAGE ,  - AN INDICATION OF THE SUBSTANCES OR CATEGORY OF SUBSTANCES INVOLVED , AS LISTED IN ANNEXES II OR III .  4 . MOREOVER , MEMBER STATES SHALL ENSURE THAT THE MANUFACTURER SHALL , AT THE LATEST ON 8 JULY 1989 , SUPPLEMENT THE DECLARATION PROVIDED FOR IN PARAGRAPH 3 , SECOND SUBPARAGRAPH , WITH THE DATA AND INFORMATION SPECIFIED IN ARTICLE 5 . MANUFACTURERS SHALL NORMALLY BE OBLIGED TO FORWARD SUCH SUPPLEMENTARY DECLARATION TO THE COMPETENT AUTHORITY ; HOWEVER , MEMBER STATES MAY WAIVE THE OBLIGATION ON MANUFACTURERS TO SUBMIT THE SUPPLEMENTARY DECLARATION ; IN THAT EVENT SUCH DECLARATION SHALL BE SUBMITTED TO THE COMPETENT AUTHORITY AT THE EXPLICIT REQUEST OF THE LATTER .  ARTICLE 10  1 . MEMBER STATES SHALL TAKE THE NECESSARY MEASURES TO ENSURE THAT , AS SOON AS A MAJOR ACCIDENT OCCURS , THE MANUFACTURER SHALL BE REQUIRED :  ( A ) TO INFORM THE COMPETENT AUTHORITIES SPECIFIED IN ARTICLE 7 IMMEDIATELY ;  ( B ) TO PROVIDE THEM WITH THE FOLLOWING INFORMATION AS SOON AS IT BECOMES AVAILABLE :  - THE CIRCUMSTANCES OF THE ACCIDENT ,  - THE DANGEROUS SUBSTANCES INVOLVED WITHIN THE MEANING OF ARTICLE 1 ( 2 ) ( D ) ,  - THE DATA AVAILABLE FOR ASSESSING THE EFFECTS OF THE ACCIDENT ON MAN AND THE ENVIRONMENT ,  - THE EMERGENCY MEASURES TAKEN ;  ( C ) TO INFORM THEM OF THE STEPS ENVISAGED :  - TO ALLEVIATE THE MEDIUM AND LONG-TERM EFFECTS OF THE ACCIDENT ,  - TO PREVENT ANY RECURRENCE OF SUCH AN ACCIDENT .  2 . THE MEMBER STATES SHALL REQUIRE THE COMPETENT AUTHORITIES :  ( A ) TO ENSURE THAT ANY EMERGENCY AND MEDIUM AND LONG-TERM MEASURES WHICH MAY PROVE NECESSARY ARE TAKEN ;  ( B ) TO COLLECT , WHERE POSSIBLE , THE INFORMATION NECESSARY FOR A FULL ANALYSIS OF THE MAJOR ACCIDENT AND POSSIBLY TO MAKE RECOMMENDATIONS .  ARTICLE 11  1 . MEMBER STATES SHALL INFORM THE COMMISSION AS SOON AS POSSIBLE OF MAJOR ACCIDENTS WHICH HAVE OCCURRED WITHIN THEIR TERRITORY AND SHALL PROVIDE IT WITH THE INFORMATION SPECIFIED IN ANNEX VI AS SOON AS IT BECOMES AVAILABLE .  2 . MEMBER STATES SHALL INFORM THE COMMISSION OF THE NAME OF THE ORGANIZATION WHICH MIGHT HAVE RELEVANT INFORMATION ON MAJOR ACCIDENTS AND WHICH IS ABLE TO ADVISE THE COMPETENT AUTHORITIES OF THE OTHER MEMBER STATES WHICH HAVE TO INTERVENE IN THE EVENT OF SUCH AN ACCIDENT .  3 . MEMBER STATES MAY NOTIFY THE COMMISSION OF ANY SUBSTANCE WHICH IN THEIR VIEW SHOULD BE ADDED TO ANNEXES II AND III AND OF ANY MEASURES THEY MAY HAVE TAKEN CONCERNING SUCH SUBSTANCES . THE COMMISSION SHALL FORWARD THIS INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 12  THE COMMISSION SHALL SET UP AND KEEP AT THE DISPOSAL OF THE MEMBER STATES A REGISTER CONTAINING A SUMMARY OF THE MAJOR ACCIDENTS WHICH HAVE OCCURRED WITHIN THE TERRITORY OF THE MEMBER STATES , INCLUDING AN ANALYSIS OF THE CAUSES OF SUCH ACCIDENTS , EXPERIENCE GAINED AND MEASURES TAKEN , TO ENABLE THE MEMBER STATES TO USE THIS INFORMATION FOR PREVENTION PURPOSES .  ARTICLE 13  1 . INFORMATION OBTAINED BY THE COMPETENT AUTHORITIES IN PURSUANCE OF ARTICLES 5 , 6 , 7 , 9 , 10 AND 12 AND BY THE COMMISSION IN PURSUANCE OF ARTICLE 11 MAY NOT BE USED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT WAS REQUESTED .  2 . HOWEVER THIS DIRECTIVE SHALL NOT PRECLUDE THE CONCLUSION BY A MEMBER STATE OF AGREEMENTS WITH THIRD COUNTRIES CONCERNING THE EXCHANGE OF INFORMATION TO WHICH IT IS PRIVY AT INTERNAL LEVEL OTHER THAN THAT OBTAINED THROUGH THE COMMUNITY MACHINERY FOR THE EXCHANGE OF INFORMATION SET UP BY THE DIRECTIVE .  3 . THE COMMISSION AND ITS OFFICIALS AND EMPLOYEES SHALL NOT DIVULGE THE INFORMATION OBTAINED IN PURSUANCE OF THIS DIRECTIVE . THE SAME REQUIREMENT SHALL APPLY TO OFFICIALS AND EMPLOYEES OF THE COMPETENT AUTHORITIES OF THE MEMBER STATES AS REGARDS ANY INFORMATION THEY OBTAIN FROM THE COMMISSION .  NEVERTHELESS , SUCH INFORMATION MAY BE SUPPLIED :  - IN THE CASE OF ARTICLES 12 AND 18 ,  - WHEN A MEMBER STATE CARRIES OUT OR AUTHORIZES THE PUBLICATION OF INFORMATION CONCERNING THAT MEMBER STATE ITSELF .  4 . PARAGRAPHS 1 , 2 AND 3 SHALL NOT PRECLUDE THE PUBLICATION BY THE COMMISSION OF GENERAL STATISTICAL DATA OR INFORMATION ON MATTERS OF SAFETY CONTAINING NO SPECIFIC DETAILS REGARDING PARTICULAR UNDERTAKINGS OR GROUPS OF UNDERTAKINGS AND NOT JEOPARDIZING INDUSTRIAL SECRECY .  ARTICLE 14  THE AMENDMENTS NECESSARY FOR ADAPTING ANNEX V TO TECHNICAL PROGRESS SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE SPECIFIED IN ARTICLE 16 .  ARTICLE 15  1 . FOR THE PURPOSES OF APPLYING ARTICLE 14 , A COMMITTEE RESPONSIBLE FOR ADAPTING THIS DIRECTIVE TO TECHNICAL PROGRESS ( HEREINAFTER REFERRED TO AS " THE COMMITTEE " ) IS HEREBY SET UP . IT SHALL CONSIST OF REPRESENTATIVES OF THE MEMBER STATES AND BE CHAIRED BY A REPRESENTATIVE OF THE COMMISSION .  2 . THE COMMITTEE SHALL DRAW UP ITS OWN RULES OF PROCEDURE .  ARTICLE 16  1 . WHERE THE PROCEDURE LAID DOWN IN THIS ARTICLE IS TO BE FOLLOWED , MATTERS SHALL BE REFERRED TO THE COMMITTEE BY THE CHAIRMAN , EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE .  2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE MEASURES TO BE ADOPTED . THE COMMITTEE SHALL DELIVER ITS OPINION ON THE DRAFT WITHIN A TIME LIMIT WHICH MAY BE DETERMINED BY THE CHAIRMAN ACCORDING TO THE URGENCY OF THE MATTER . IT SHALL DECIDE BY A MAJORITY OF 45 VOTES , THE VOTES OF THE MEMBER STATES BEING WEIGHTED AS PROVIDED FOR IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .  3 . ( A ) THE COMMISSION SHALL ADOPT THE MEASURES ENVISAGED WHERE THESE ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE .  ( B ) WHERE THE MEASURES ENVISAGED ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR IN THE ABSENCE OF AN OPINION , THE COMMISSION SHALL FORTHWITH SUBMIT A PROPOSAL TO THE COUNCIL ON THE MEASURES TO BE ADOPTED . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .  ( C ) IF THE COUNCIL DOES NOT ACT WITHIN THREE MONTHS OF THE PROPOSAL BEING SUBMITTED TO IT , THE MEASURES PROPOSED SHALL BE ADOPTED BY THE COMMISSION .  ARTICLE 17  THIS DIRECTIVE SHALL NOT RESTRICT THE RIGHT OF THE MEMBER STATES TO APPLY OR TO ADOPT ADMINISTRATIVE OR LEGISLATIVE MEASURES ENSURING GREATER PROTECTION OF MAN AND THE ENVIRONMENT THAN THAT WHICH DERIVES FROM THE PROVISIONS OF THIS DIRECTIVE .  ARTICLE 18  MEMBER STATES AND THE COMMISSION SHALL EXCHANGE INFORMATION ON THE EXPERIENCE ACQUIRED WITH REGARD TO THE PREVENTION OF MAJOR ACCIDENTS AND THE LIMITATION OF THEIR CONSEQUENCES ; THIS INFORMATION SHALL CONCERN , IN PARTICULAR , THE FUNCTIONING OF THE MEASURES PROVIDED FOR IN THIS DIRECTIVE . FIVE YEARS AFTER NOTIFICATION OF THIS DIRECTIVE , THE COMMISSION SHALL FORWARD TO THE COUNCIL AND THE EUROPEAN PARLIAMENT A REPORT ON ITS APPLICATION WHICH IT SHALL DRAW UP ON THE BASIS OF THIS EXCHANGE OF INFORMATION .  ARTICLE 19  AT THE LATEST ON 8 JANUARY 1986 THE COUNCIL SHALL , ON A PROPOSAL FROM THE COMMISSION , REVIEW ANNEXES I , II AND III .  ARTICLE 20  1 . MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE AT THE LATEST ON 8 JANUARY 1984 . THEY SHALL FORTHWITH INFORM THE COMMISSION THEREOF .  2 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION THE PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE .  ARTICLE 21  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT LUXEMBOURG , 24 JUNE 1982 .  FOR THE COUNCIL  THE PRESIDENT  F . AERTS  ANNEXES : SEE O.J . NO L 230 OF 5 . 8 . 82


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31980L0213

Council Directive 80/213/EEC of 22 January 1980 amending Directive 72/461/EEC on animal health problems affecting intra-Community trade in fresh meat

Official Journal L 047 , 21/02/1980 P. 0001 - 0002 Finnish special edition: Chapter 3 Volume 11 P. 0204  Greek special edition: Chapter 03 Volume 27 P. 0237  Swedish special edition: Chapter 3 Volume 11 P. 0204  Spanish special edition: Chapter 03 Volume 17 P. 0113  Portuguese special edition Chapter 03 Volume 17 P. 0113

COUNCIL DIRECTIVE  of 22 January 1980  amending Directive 72/461/EEC on animal health problems affecting intra-Community trade in fresh meat  (80/213/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas Directive 72/461/EEC (3), as last amended by Directive 78/54/EEC (4), lays down the health requirements which must be fulfilled by animals from which meat is obtained;  Whereas although the meat obtained from animals not satisfying the health conditions must be excluded from intra-Community trade in fresh meat because of the risk of transmission of contagious or infectious animal diseases, it may be used for other purposes when it has undergone treatment for the destruction of the germs of those diseases;  Whereas such meat should therefore be given a special mark indicating that it is excluded from intra-Community trade as fresh meat and guaranteeing its health qualities for other uses, for example for the preparation of certain categories of meat products,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 72/461/EEC is hereby amended as follows:    1. The following Article shall be inserted:  "Article 5a  Notwithstanding Article 5 (1), and in so far as it is not intended for intra-Community trade in fresh meat, the meat referred to in that Article may carry the mark defined in Annex I, Chapter IX of Directive 64/433/EEC, provided that the special mark referred to in the Annex to this Directive is immediately superimposed thereon.  The provisions of Annex I, Chapter IX, point 39 of Directive 64/433/EEC shall apply mutatis mutandis to the keeping and use of marking instruments.  Such meat must be obtained, cut, transported and stored separately from, or not at the same time as, meat intended for intra-Community trade in fresh meat."  (1)OJ No C 289, 19.11.1979, p. 42. (2)Opinion delivered on 24 and 25 October 1979 (not yet published in the Official Journal). (3)OJ No L 302, 31.12.1972, p. 24. (4)OJ No L 16, 20.1.1978, p. 22.        2. The following Annex shall be added:  "ANNEX  Mark for meat intended for a use other than intra-Community trade in fresh meat      1. The overstamping must be done in such a way that the oval stamp defined in Annex I, Chapter IX No 40 of Directive 64/433/EEC is covered by a diagonal cross consisting of two straight lines crossing at right angles, with the point of intersection in the centre of the stamp and the information thereon remaining legible.           2. The marks mentioned in paragraph 1 may also be made with a single stamp which will be an oval stamp 6 75 cm long and 4 75 cm broad ; the following information must appear on the mark in perfectly legible characters:        - on the upper part, the name of the exporting country in capitals,               - in the centre, the veterinary approval number of the slaughterhouse,               - on the lower part, one of the following sets of initials : EEC - CEE - EWG - EEG - EØF,               - two straight lines crossing the stamp diagonally, intersecting at right angles at the centre of the stamp in such a way that the information is not obscured.                 The letters must be 0 78 cm high and the figures 1 cm high.  The stamp may also carry information whereby the veterinarian who inspected the meat may be identified."                     Article 2 The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1980.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 22 January 1980.  For the Council  The President  G. MARCORA


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31985L0325

Council Directive 85/325/EEC of 12 June 1985 amending Directive 64/433/EEC on health problems affecting intra- Community trade in fresh meat

Official Journal L 168 , 28/06/1985 P. 0047 - 0047 Finnish special edition: Chapter 3 Volume 18 P. 0208  Spanish special edition: Chapter 03 Volume 35 P. 0180  Swedish special edition: Chapter 3 Volume 18 P. 0208  Portuguese special edition Chapter 03 Volume 35 P. 0180

*****COUNCIL  DIRECTIVE  of 12 June 1985  amending Directive 64/433/EEC on health problems affecting intra-Community trade in fresh meat  (85/325/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Chapter IV (24) of Annex I to Directive 64/433/EEC (4), as last amended by Directive 85/323/EEC (5), lays down that a medical certificate must be required of any person working on fresh meat and that this certificate must be renewed annually;  Whereas it appears necessary to adapt the provision in question in the light of experience,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 64/433/EEC is hereby amended as follows:  - lines three and four of Article 13 shall read: 'in point 41 C of Annex I',  - Chapter IV (24) of Annex I is replaced by the following:  '24. Any person employed to work with or handle fresh meat shall be required to show, by a medical certificate, that there is no impediment to such employment. The medical certificate shall be renewed every year unless another staff medical check-up scheme offering equivalent guarantees is recognized in accordance with the procedure laid down in Article 16.'  Article 2  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1986.  They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Luxembourg, 12 June 1985.  For the Council  The President  C. DEGAN  (1) OJ No C 179, 7. 7. 1984, p. 6.  (2) OJ No C 46, 18. 2. 1985, p. 94.  (3) OJ No C 44, 15. 2. 1985, p. 7.  (4) OJ No 121, 29. 7. 1964, p 2012/64.  (5) See page 43 of this Official Journal.


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31985L0003

Council Directive 85/3/EEC of 19 December 1984 on the weights, dimensions and certain other technical characteristics of certain road vehicles

Official Journal L 002 , 03/01/1985 P. 0014 - 0018 Finnish special edition: Chapter 13 Volume 14 P. 0142  Spanish special edition: Chapter 07 Volume 3 P. 0228  Swedish special edition: Chapter 13 Volume 14 P. 0142  Portuguese special edition Chapter 07 Volume 3 P. 0228

*****COUNCIL  DIRECTIVE  of 19 December 1984  on the weights, dimensions and certain other technical characteristics of certain road vehicles  (85/3/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 75 and 76 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 bearing in mind the conclusions of the European Councils on 19 and 20 March 1984, 25 and 26 June 1984 and 3 and 4 December 1984 the Council should implement without delay the parallel processes of liberalization and harmonization of which this Directive forms part and to that end will adopt instruments, by the end of February 1987 at the latest, which will set out in a coherent fashion the periods over which liberalization and harmonization will become effective;  Whereas the differences between standards currently in force in the Member States with regard to the weights and dimensions of commercial road vehicles are such as to have an adverse effect on the conditions of competition and constitute an obstacle to traffic between Member States;  Whereas it is therefore necessary, in the framework of the common transport policy, to establish common standards for the weights, dimensions and certain other characteristics of certain vehicles which will permit the improved use of these vehicles in traffic between Member States;  Whereas these standards must create a balance between the rational and economical use of the said commercial road vehicles, the requirements of infrastructure maintenance and those of road safety;  Whereas it is desirable that the motor vehicles in question should conform to Community standards on noise, safety and emissions;  Whereas additional technical requirements related to the weights and dimensions of commercial vehicles may apply to vehicles registered in a Member State; whereas these requirements must not constitute an obstacle to the circulation of commercial vehicles between Member States;  Whereas it seems appropriate to permit Member States, which authorize higher weights and greater dimensions on their territory than those provided for in this Directive, to apply these only to vehicles registered on their territory where they are used in domestic traffic; whereas such provisions may be less favourable, in their effect on carriers from the other Member States as compared with the national carriers of the State where they would be applied, than those in force at the time when this Directive is adopted; whereas recourse should therefore be had to Article 76 of the Treaty;  Whereas steps should be taken to facilitate the monitoring of the compliance of vehicles with this Directive;  Whereas the state of certain portions of the road network in Ireland and the United Kingdom does not make it possible at the present stage to apply all the provisions of this Directive; whereas the application of some of these provisions in those Member States should therefore be temporarily deferred under arrangements to be laid down by the Council in a Decision to be taken by the end of February 1987 at the latest; whereas it is not possible to lay down those arrangements in this Directive; whereas in view of the requirements for substantial improvements to the relevant portions of the road networks which will take a certain number of years to complete, the conditions referred to in Article 75 (3) of the Treaty are at present fulfilled in those Member States and are expected to remain so when the Council takes its Decision; whereas in consequence that Decision will then be adopted unanimously;  Whereas the weight per driving axle of five or six-axle combined vehicles should be fixed as soon as possible;  Whereas the facilitation of combined transport using 40-foot ISO containers should be taken into account,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. This Directive applies to:  (a) the dimensions of vehicles intended to be used on the road for carriage of goods and having at least four wheels, a maximum laden weight exceeding 3,5 tonnes and a maximum speed exceeding 25 km/h;  (b) the weights and certain other characteristics of the vehicles defined in (a) and specified in Annex I (2).  2. All the values of weights indicated in Annex I are valid as circulation standards and thus refer to loading conditions, not production standards, which will be defined in a later Directive.  Article 2  For the purposes of this Directive:  - 'motor vehicle' means any power-driven vehicle which travels on the road by its own means,  - 'trailer' means any vehicle intended to be coupled to a motor vehicle, excluding semi-trailers;  - 'semi-trailer' means any vehicle intended to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and a substantial part of its weight and of the weight of its load is borne by the motor vehicle;  - 'combined vehicle' means either:  - a road train, consisting of a motor vehicle coupled to a trailer, or  - an articulated vehicle consisting of a motor vehicle coupled to a semi-trailer;  - 'maximum authorized dimensions' means the maximum dimensions at which a vehicle is authorized for use in international traffic under this Directive by the competent authority of the State in which the vehicle is registered or put into circulation;  - 'maximum authorized weight' means the maximum weight at which a laden vehicle is authorized for use in international traffic under this Directive by the competent authority of the State in which the vehicle is registered or put into circulation,  - 'maximum authorized axle weight' means the maximum weight at which a laden axle or group of axles is authorized for use in international traffic under this Directive by the competent authority of the State in which the vehicle is registered or put into circulation.  Article 3  1. Member States may not reject or prohibit the use on their territories in international traffic of vehicles registered or put into circulation in any Member State for reasons relating to their weights and dimensions provided that such vehicles comply with the limit values specified in Annex I.  This provision shall apply notwithstanding the fact that:  (a) the said vehicles are not in conformity with the requirements of the Member State concerned with regard to certain weight and dimension characteristics not covered by Annex I;  (b) the competent authority of the Member State in which the vehicles are registered or put into circulation has authorized limits exceeding those laid down in Annex I.  2. However, the provision in paragraph 1 (a) shall not affect the right of Member States, with due regard to Community law, to require vehicles registered or put into circulation in their own territory to be in conformity with their national requirements on weight and dimension characteristics not covered by Annex I.  3. Any Member State which authorizes higher weights and greater dimensions than those laid down in this Directive may limit their application to vehicles registered or put into circulation in that Member State when used in domestic traffic in that Member State.  Article 4  Vehicles forming part of a five or six-axle combination which are first put into circulation as from 1 January 1990 must in addition, in order to be covered by Article 3 (1), conform to the technical specifications of the Directives referred to in Annex II.  The list of Directives in that Annex shall be adapted to technical progress in accordance with Articles 12 and 13 of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 80/1267/EEC (2).  Article 5  To facilitate monitoring of the compliance of vehicles with this Directive, Member States shall take the measures necessary to ensure that these vehicles carry proof of such compliance.  Acting on a proposal from the Commission, the Council shall, within six months of the adoption of this Directive, adopt detailed provisions concerning:  - the form and content of such proof, and the conditions for its issue,  - the mutual recognition by Member States of proof issued by other Member States.  Council Directive 76/114/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment (1), as amended by Directive 78/507/EEC (2), shall, if necessary, be amended accordingly.  Article 6  This Directive shall not preclude the application of road traffic provisions in force in each Member State which permit the weight and/or dimensions of vehicles on certain roads or civil engineering structures to be limited, irrespective of the State of registration of such vehicles.  Article 7  1. After consulting the Commission, Member States shall take the measures necessary to comply with this Directive:  - as from 1 July 1986 as regards application of all provisions other than Article 4 and Annex II,  - as from 1 January 1990 as regards the application of Article 4 and Annex II.  Member States shall inform the Commission of the measures they take to implement this Directive.  2. The Council shall specify the weight on the driving axle of a five or six-axle combined vehicle, including the weight on a driving axle which is part of a tandem axle or a tri-axle, before 31 December 1985.  Until the Council specifies this weight, as well as the weight on tandem axles and tri-axles of motor vehicles, the legislation of the Member State where the vehicle circulates, shall continue to apply.  Article 8  1. The provisions of Article 3 as regards the standards referred to in points 2.2 and 3.3.2 of Annex I shall temporarily not apply to Ireland and the United Kingdom.  However, these two Member States shall apply Article 3 to the articulated vehicles referred to in point 2.2.2 of Annex I where:  - the total laden weight does not exceed 38 tonnes,  - the weight on any tri-axle at the spacing specified in point 3.3.2 of Annex I does not exceed 22,5 tonnes.  2. Before 30 June 1986, the Commission shall submit to the Council a report on the development of the circumstances which have justified the derogation referred to in the first paragraph. This report will be accompanied by a proposal concerning:  (i) the duration of the derogation, and  (ii) the procedure for periodic reviews of the circumstances justifying continuation of the derogation.  The Council shall decide on this proposal by 28 February 1987, at the latest, according to the procedures laid down in the Treaty.  Article 9  This Directive is addressed to the Member States.  Done at Brussels, 19 December 1984.  For the Council  The President  J. BRUTON  (1) OJ No C 124, 17. 12. 1971, p. 63 and OJ No C 144, 15. 6. 1981, p. 80.  (2) OJ No C 61, 10. 6. 1972, p. 5 and OJ No C 113, 7. 5. 1980, p. 14.  (1) OJ No L 42, 23. 2. 1970, p. 1.  (2) OJ No L 375, 31. 12. 1980, p. 34.  (1) OJ No L 24, 30. 1. 1976, p. 1.  (2) OJ No L 155, 13. 6. 1978, p. 31.  ANNEX  I  MAXIMUM WEIGHTS AND DIMENSIONS AND RELATED CHARACTERISTICS OF VEHICLES  1.2 // 1.  // Maximum authorized dimensions for the vehicles referred to in Article 1 (1) (a)  // 1.1.  // Maximum length  //   // - motor vehicle 12,00 m  //   // - trailer 12,00 m  //   // - articulated vehicle 15,50 m  //   // - road train 18,00 m  // 1.2.  // Maximum width (any vehicle) 2,50 m  // 1.3.  // Maximum height (any vehicle) 4,00 m  // 1.4.  // Removable superstructures and standardized freight items such as containers are included in the dimensions specified in 1.1, 1.2 and 1.3.  // 1.5.  // Any motor vehicle or combined vehicle which is in motion must be able to turn within a swept circle having an outer radius of 12,50 m and an inner radius of 5,30 m.  // 2.  // Maximum authorized vehicle weight (in tonnes)  // 2.1.  // Vehicles forming part of a combined vehicle  // 2.1.1.  // Two-axle trailer 18 tonnes  // 2.1.2.  // Three-axle trailer 24 tonnes  // 2.2.  // Combined vehicles  // 2.2.1.  // Road trains with five or six axles  //   // (a) Two-axle motor vehicle with three-axle trailer 40 tonnes  //  // (b) Two-axle motor vehicle with two or three-axle trailer 40 tonnes  // 2.2.2.  // Articulated vehicles with five or six axles  //   // (a) two-axle motor vehicle with three-axle semi-trailer 40 tonnes  //   // (b) three-axle motor vehicle with two or three-axle semi-trailer 40 tonnes  //   // (c) three-axle motor vehicle with two or three-axle semi-trailer carrying a 40-foot ISO container as a combined transport operation 44 tonnes  // 3.  // Maximum authorized axle weight of the vehicles referred to in Article 1 (1) (b) (in tonnes)  // 3.1.  // Single axles  //   // Single non-driving axle 10 tonnes  // 3.2.  // Tandem axles of trailers and semi-trailers  //   // The sum of the axle weights per tandem axle must not exceed, if the distance (d) between the axle is  // 3.2.1.  // less than 1 m (d<1,0) 11 tonnes  // 3.2.2.  // between 1,0 m and less than 1,3 m (1,0µd<1,3) 16 tonnes  // 3.2.3.  // between 1,3 m and less than 1,8 m (1,3 µ d < 1,8) 18 tonnes  // 3.2.4.  // 1,8 m and more (1,8 µ d) 20 tonnes  // 3.3.  // Tri-axles of trailers and semi-trailers  //   // The sum of the axle weights per tri-axle must not exceed, if the distance (d) between the axles is  // 3.3.1.  // 1,3 m or less (dµ1,3) 21 tonnes  // 3.3.2.  // over 1,3 m and up to 1,4 m (1,3<dµ1,4) 24 tonnes  // 4.  // Related characteristics of the vehicles referred to in Article 1 (1) (b)  // 4.1.  // All vehicles  //  // The weight borne by the driving axle or driving axles of a vehicle or combined vehicle must not be less than 25 % of the total laden weight of the vehicle or combined vehicle, when used in international traffic.  // 4.2.  // Road trains  //  // The distance between the rear axle of a motor vehicle and the front axle of a trailer must not be less than 3,00 m.  ANNEX  II  LIST OF DIRECTIVES REFERRED TO IN ARTICLE 4  1.2.3 //   //   //   // No  // Title  // Official Journal  //   //   //   // 70/157/EEC  // Permissible sound level and the exhaust system of motor vehicles  // No L 42/70  // 73/350/EEC  // Idem  // No L 321/73  // 77/212/EEC  // Idem  // No L 66/77  // 70/221/EEC  // Liquid fuel tanks and rear protective devices for motor vehicles and their trailers  // No L 76/70  // 79/490/EEC  // Idem  // No L 128/79  // 70/311/EEC  // Steering equipment for motor vehicles and their trailers  // No L 133/70  // 71/127/EEC  // Rear-view mirrors of motor vehicles  // No L 68/71  // 79/795/EEC  // Idem  // No L 239/79  // 71/320/EEC  // Braking devices of certain categories of motor vehicles and of their trailers  // No L 202/71  // 74/132/EEC  // Idem  // No L 74/74  // 75/524/EEC  // Idem  // No L 326/75  // 79/489/EEC  // Idem  // No L 128/79  // Corrigendum  // Idem  // No L 146/79  // 72/306/EEC  // Measures to be taken against the emission of pollutants from diesel engines for use in vehicles  // No L 190/72  // Corrigendum  // Idem  // No L 215/74  // 80/1269/EEC  // Engine power of motor vehicles  // No L 375/80  //   //  //


Avis juridique important

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32001L0056

Directive 2001/56/EC of the European Parliament and of the Council of 27 September 2001 relating to heating systems for motor vehicles and their trailers, amending Council Directive 70/156/EEC and repealing Council Directive 78/548/EEC

Official Journal L 292 , 09/11/2001 P. 0021 - 0040

Directive 2001/56/EC of the European Parliament and of the Councilof 27 September 2001relating to heating systems for motor vehicles and their trailers, amending Council Directive 70/156/EEC and repealing Council Directive 78/548/EECTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) Council Directive 78/548/EEC of 12 June 1978 on the approximation of the laws of the Member States relating to heating systems for the passenger compartment of motor vehicles(4) was adopted as one of the separate directives of the EC type-approval procedure which has been established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(5). Consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to Directive 78/548/EEC.(2) In particular, under Article 3(4) and Article 4(3) of Directive 70/156/EEC each separate directive is to be accompanied by an information document incorporating the relevant items of Annex I to Directive 70/156/EEC and also a type-approval certificate based on Annex VI thereto in order that type-approval may be computerised.(3) In the light of technical progress, combustion heaters, usually fuelled by diesel, petrol or liquefied petroleum gas, are now fitted to many types of vehicle in order to provide heat for the passenger compartment (e.g. of buses), the load area (e.g. of trucks and trailers) or the sleeping compartment (e.g. of trucks and motor caravans) so that heat can be provided efficiently and without the noise and gaseous emissions associated with running the propulsion engine when the vehicle is parked. For reasons of safety, it is necessary to extend the scope to include requirements for combustion heaters, and for their installation. Such requirements should correspond to the highest standards consistent with current technology.(4) It is necessary to provide for type-approval for combustion heaters as components and for vehicles in which a combustion heater is installed.(5) It will be necessary to supplement this Directive with additional safety requirements for liquefied petroleum gas (LPG) combustion heaters by the addition of an Annex.(6) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).(7) For reasons of clarity it is advisable to repeal Directive 78/548/EEC and replace it by this Directive,HAVE ADOPTED THIS DIRECTIVE:Article 1For the purposes of this Directive, "vehicle" means any vehicle to which Directive 70/156/EEC applies.Article 2No Member State may refuse to grant EC type-approval or national type-approval of a type of vehicle or of a type of heating system on grounds relating to the heating system for the passenger compartment or load area if the system satisfies the requirements set out in the Annexes.Article 3No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle or the sale, entry into service or use of any heating system on grounds relating to the heating system for the passenger compartment or load area if the system satisfies the requirements set out in the Annexes.Article 41. With effect from 9 May 2003 Member States may not, on grounds relating to heating systems:- refuse, in respect of a type of vehicle or heating system, to grant EC type-approval or national type-approval, or- prohibit the sale, registration, or entry into service of vehicles, or the sale or entry into service of heating systems,if the heating system complies with the requirements of this Directive.2. With effect from 9 May 2004 Member States:- shall no longer grant EC type-approval, and- may refuse to grant national type-approval,for a type of vehicle on grounds relating to heating systems, or for a type of combustion heater, if the requirements of this Directive are not fulfilled.3. With effect from 9 May 2005 Member States:- shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and- may refuse the sale, registration and entry into service of new vehicles,on grounds relating to heating systems if the requirements of this Directive are not fulfilled.This paragraph shall not apply to vehicle types equipped with a waste-heat heating system, using water as the transfer medium.4. With effect from 9 May 2005 the requirements of this Directive relating to combustion heaters as components shall apply for the purposes of Article 7(2) of Directive 70/156/EEC.Article 5No later than 9 November 2002 the Commission shall examine additional safety requirements with respect to liquefied petroleum gas (LPG) fuelled heating systems of motor vehicles, and, if appropriate, amend this Directive in accordance with the procedure referred to in Article 6(2).Article 61. The Commission shall be assisted by the Committee for Adaptation to Technical Progress, set up by Article 13 of Directive 70/156/EEC, hereinafter referred to as "the Committee".2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 7Directive 70/156/EEC is hereby amended as follows:1. Item 36 in Part 1 of Annex IV shall be replaced by the following: ">TABLE>"2. In Annex XI:(a) Item 36 in Appendix 1 shall be replaced by the following: ">TABLE>"(b) Item 36 in Appendix 2 shall be replaced by the following: ">TABLE>"Article 8Directive 78/548/EEC shall be repealed with effect from 9 May 2004. References made to Directive 78/548/EEC shall be construed as references to this Directive.Article 91. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 9 May 2003, and shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Article 10This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 11This Directive is addressed to the Member States.Done at Brussels, 27 September 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentC. Picqué(1) OJ C 326, 24.10.1998, p. 4 and OJ C 116 E, 26.4.2000, p. 2.(2) OJ C 101, 12.4.1999, p. 15.(3) Opinion of the European Parliament of 13 April 1999 (OJ C 219, 30.7.1999, p. 58), Council Common Position of 17 November 2000 (OJ C 36, 2.2.2001, p. 1) and Decision of the European Parliament of 14 March 2001 (not yet published in the Official Journal). Council Decision of 26 June 2001.(4) OJ L 168, 26.6.1978, p. 40.(5) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 98/91/EC of the European Parliament and of the Council (OJ L 11, 16.1.1999, p. 25).(6) OJ L 184, 17.7.1999, p. 23.LIST OF ANNEXES>TABLE>ANNEX IADMINISTRATIVE PROVISIONS FOR EC TYPE-APPROVAL1. APPLICATION FOR EC TYPE-APPROVAL OF A VEHICLE TYPE1.1. The application for EC type-approval pursuant to Article 3(4) of Directive 70/156/EEC of a vehicle type with regard to its heating system shall be submitted by the manufacturer.1.2. A model for the information document is given in Appendix 1.1.3. The following must be submitted to the technical service responsible for conducting the type-approval tests:1.3.1. a vehicle representative of the type to be approved.2. GRANTING OF EC TYPE-APPROVAL OF A VEHICLE TYPE2.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4(3) of Directive 70/156/EEC shall be granted.2.2. A model for the EC type-approval certificate is given in Appendix 2.2.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of vehicle approved. The same Member State shall not assign the same number to another type of vehicle.3. APPLICATION FOR EC TYPE-APPROVAL OF A TYPE OF COMBUSTION HEATER3.1. The application for EC type-approval pursuant to Article 3(4) of Directive 70/156/EEC of a type of combustion heater as a component shall be submitted by the manufacturer of the heating system.3.2. A model for the information document is given in Appendix 3.3.3. The following must be submitted to the technical service responsible for conducting the type-approval tests:3.3.1. a combustion heater representative of the type to be approved.4. GRANTING OF EC TYPE-APPROVAL OF A TYPE OF COMBUSTION HEATER4.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4(3) and, if applicable, Article 4(4) of Directive 70/156/EEC shall be granted.4.2. A model for the EC type-approval certificate is given in Appendix 4.4.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of combustion heater approved. The same Member State shall not assign the same number to another type of combustion heater.4.4. Every combustion heater conforming to a type approved pursuant to this Directive shall bear an EC component type-approval mark as specified in Appendix 5.5. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS5.1. In the case of modifications of the type of vehicle or type of combustion heater approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.6. CONFORMITY OF PRODUCTION6.1. Measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.Appendix 1>PIC FILE= "L_2001292EN.002602.TIF">>PIC FILE= "L_2001292EN.002701.TIF">Appendix 2MODEL(maximum format: A4 (210 mm x 297 mm))>PIC FILE= "L_2001292EN.002802.TIF">Addendumto EC type-approval certificate No ... concerning the type-approval of a type of vehicle with regard to Directive 2001/56/EC>PIC FILE= "L_2001292EN.002902.TIF">Appendix 3>PIC FILE= "L_2001292EN.003002.TIF">Appendix 4MODEL(maximum format: A4 (210 mm x 297 mm))>PIC FILE= "L_2001292EN.003102.TIF">Addendumto EC type-approval certificate No ... concerning the type-approval of a type of combustion heater with regard to Directive 2001/56/EC>PIC FILE= "L_2001292EN.003202.TIF">Appendix 5EC COMPONENT TYPE-APPROVAL MARK1. GENERAL1.1. The EC component type-approval mark consists of:1.1.1. a rectangle surrounding the lower case letter "e" followed by the distinguishing number or letters of the Member State which has granted the EC component type-approval:1 for Germany2 for France3 for Italy4 for the Netherlands5 for Sweden6 for Belgium9 for Spain11 for the United Kingdom12 for Austria13 for Luxembourg17 for Finland18 for Denmark21 for Portugal23 for Greece24 for Ireland1.1.2. in the vicinity of the rectangle the "base approval number" contained in Section 4 of the type-approval number referred to in Annex VII to Directive 70/156/EEC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to Directive 78/548/EEC on the date EC component type-approval was granted. In this Directive, the sequence number is 00.1.2. The EC component type-approval mark must be clearly legible and indelible.2. EXAMPLE OF THE EC COMPONENT TYPE-APPROVAL MARK2.1.>PIC FILE= "L_2001292EN.003302.TIF">The above component type-approval mark shows that the combustion heater in question has been approved in Germany (e1) under approval number 2439. The first two digits (00) indicate that this component was approved according to this Directive.ANNEX IISCOPE, DEFINITIONS AND REQUIREMENTS1. SCOPE1.1. This Directive applies to all vehicles in categories M, N and O where a heating system is fitted.2. DEFINITIONSFor the purposes of this Directive:2.1. "Heating system" means any type of device which is designed to increase the temperature of the interior of a vehicle, including any load area.2.2. "Combustion heater" means a device directly using liquid or gaseous fuel and not using the waste heat from the engine used for propulsion of the vehicle.2.3. "Vehicle type with regard to heating system" means vehicles which do not differ in essential respects such as:- functioning principle(s) of the heating system,- type of combustion heater, if any.2.4. "Type of combustion heater" means devices which do not differ in essential respects such as:- fuel type (e.g. liquid or gaseous),- transfer medium (e.g. air or water),- vehicle location (e.g. passenger compartment or load area).2.5. "Waste-heat heating system" means any type of device using the waste heat from the engine used for propulsion of the vehicle to increase the temperature of the interior of the vehicle, this may include water, oil or air as the transfer medium.2.6. "Interior" means the inside of a vehicle used for the accommodation of the vehicle occupants and/or the load.2.7. "Heating system for the passenger compartment" means any type of device designed to increase the temperature of the passenger compartment.2.8. "Heating system for the load area" means any type of device designed to increase the temperature of the load area.2.9. "Passenger compartment" means the interior part of the vehicle used to accommodate the driver and any passengers.2.10. "Gaseous fuel" includes fuels that are gaseous at normal temperature and pressure (288,2 K and 101,33 kPa), such as liquefied petroleum gas (LPG) and compressed natural gas (CNG).2.11. "Overheating" means the condition that exists when the air inlet for the heating air to the combustion heater is completely blocked.3. REQUIREMENTS FOR HEATING SYSTEMS3.1. The passenger compartment of every vehicle in categories M and N shall be fitted with a heating system.3.2. The general requirements for heating systems are that:- the heated air entering the passenger compartment shall be no more polluted than the air at the point of inlet to the vehicle,- the driver and passengers, during road use, will not be able to come into contact with parts of the vehicle or heated air liable to cause burns,- the exhaust emissions from combustion heaters are within acceptable limits.The test procedures for the verification of each of these requirements are set out in Annexes IV, V and VI.3.2.1. The following table indicates which Annexes apply to each type of heating system within each vehicle category:>TABLE>3.3. Other requirements for combustion heaters and their installation in vehicles are laid down in Annex VII.Note 1:Vehicles which comply with the requirements of Annex III are exempt from these test requirements.Note 2:A new Annex VIII "Safety requirements for LPG combustion heaters" will be added to this Directive in accordance with Article 5.Note 3:Combustion heaters located outside the passenger compartment, using water as a transfer medium, are deemed to comply with Annexes IV and V.ANNEX IIIREQUIREMENTS FOR WASTE HEATING SYSTEMS - AIR1. The requirements set out in paragraph 3.2 of Annex II are considered satisfied in respect of heating systems which include a heat exchanger, the primary circuit of which is passed over by exhaust gases or polluted air, provided that the following conditions are satisfied:2. the walls of the primary circuit of the heat exchanger must be leak tight at any pressure up to and including 2 bar;3. the walls of the primary circuit of the heat exchanger must not include any detachable component;4. the wall of the heat exchanger where the exchange of heat takes place must be at least 2 mm thick if made of non-alloy steels;4.1. in cases where other materials are used (including composite or coated materials), the thickness of the wall must be such as to ensure that the heat exchanger has the same service life as in the case referred to in point 4;4.2. if the wall of the heat exchanger where the exchange of heat takes place is enamelled, the wall where such enamel has been applied must be at least 1 mm thick and this enamel must be durable, leak tight and not porous;5. the pipe conducting the exhaust gases must include a corrosion test zone at least 30 mm long, this zone being situated directly downstream of the heat exchanger, uncovered and easily accessible;5.1. the wall of this corrosion test zone must not be thicker than the pipes for the exhaust gases situated inside the heat exchanger and the materials and surface properties of this section must be comparable with those of these pipes;5.2. if the heat exchanger forms a single unit with the vehicle exhaust silencer, the external wall of the latter must be regarded as the zone complying with point 5.1 where any corrosion should occur.6. In the case of waste heat heating systems using the cooling air of the engine for heating purposes, the conditions of paragraph 3.2 of Annex II are considered satisfied without the use of a heat exchanger provided that the following conditions are satisfied:- the cooling air which is used for heating purposes comes into contact only with surfaces of the engine which do not include any detachable part, and- the connections between the walls of this cooling air circuit and the surfaces used for the transfer of heat are gastight and oil-resistant.These conditions are considered satisfied if, for example:6.1. a sheath around each sparking plug draws off any gas leaks outside the heating air circuit;6.2. the joint between the cylinder head and the exhaust manifold is situated outside the heating air circuit;6.3. there is double leak protection between the cylinder head and the cylinder and any leaks from the first joint are drawn off outside the heating air circuit, orthe leak protection between the cylinder head and the cylinder still holds when the cylinder head nuts are cold-tightened at one-third of the nominal torque prescribed by the manufacturer, orthe area where the cylinder head is joined to the cylinder is situated outside the heating air circuit.ANNEX IVTEST PROCEDURE FOR AIR QUALITY1. In the case of complete vehicles the following test shall be carried out:1.1. Operate the heater for one hour at maximum output in conditions of still air (wind speed <= 2 m/s), with all windows closed and, in the case of a combustion heater, the propulsion engine switched off. If, however, having selected the maximum output the heater switches off automatically in less than an hour, the measurements may be made before switch-off.1.2. The proportion of CO in the ambient air shall be measured by taking samples from:(a) a point outside the vehicle as close as possible to the heating air inlet, and(b) a point inside the vehicle less than 1 m from the heated air outlet.1.3. Readings shall be taken for a representative time of 10 minutes.1.4. The reading from position (b) shall be less than 20 ppm CO higher than from position (a).2. In the case of combustion heaters as components the following test shall be carried out after the tests of Annexes V, VI and item 1.3 of Annex VII.2.1. The primary circuit of the heat exchanger shall be subjected to a leakage test to ensure that polluted air cannot enter the heated air intended for the passenger compartment.2.2. This requirement shall be considered to be fulfilled if, at a gauge pressure of 0,5 hPa, the leakage rate from the heat exchanger is <= 30 dm3/h.ANNEX VTEST PROCEDURE FOR TEMPERATURE1. Operate the heater for one hour at maximum output in conditions of still air (wind speed <= 2 m/s), with all windows closed. If, however, having selected the maximum output the heater switches off automatically in less than an hour, the measurements may be made earlier. If the heated air is drawn from outside the vehicle the test shall be carried out at an ambient temperature of not less than 15o C.2. The surface temperature of any part of the heating system likely to come into contact with the driver of the vehicle during normal road use shall be measured with a contact thermometer. No such part or parts shall exceed a temperature of 70 °C for uncoated metal or 80 °C for other materials.2.1. In the case of part or parts of the heating system behind the driver's seat, and in the case of overheating, the temperature shall not exceed 110 °C.3.1. In the case of vehicles of categories M1 and N, no part of the system likely to come into contact with seated passengers during normal road use of the vehicle, with the exception of the outlet grille, shall exceed a temperature of 110 °C.3.2. In the case of vehicles of categories M2 and M3, no part of the system likely to come into contact with passengers during normal road use of the vehicle shall exceed a temperature of 70 °C for uncoated metal or 80 °C for other materials.4. The temperature of the heated air entering the passenger compartment shall not exceed 150 °C to be measured at the centre of the outlet.ANNEX VITEST PROCEDURE FOR EXHAUST EMISSIONS1. Operate heater for one hour at maximum output in conditions of still air (wind speed <= 2 m/s) and an ambient temperature of 20 ± 10o C. If, however, having selected the maximum output the heater switches off automatically in less than an hour, the measurements may be made before switch-off.2. The dry and undiluted exhaust emissions, measured using an appropriate meter, shall not exceed the values indicated in the following table:>TABLE>3. The test shall be repeated in conditions equivalent to a vehicle speed of 100 km/h. Under these conditions the CO value must not exceed 0,2 % vol. If the test has been carried out on the heater as a component, then it need not be repeated in the case of the vehicle type in which the heater is installed.ANNEX VIIREQUIREMENTS FOR COMBUSTION HEATERS AND THEIR INSTALLATION1. GENERAL REQUIREMENTS1.1. Operating and maintenance instructions shall be supplied with every heater and, in the case of heaters intended for the after-market, installation instructions shall also be supplied.1.2. Safety equipment shall be installed (either as part of the combustion heater or as part of the vehicle) to control the operation of every combustion heater in an emergency. It shall be designed such that, if no flame is obtained at start-up or if the flame goes out during operation, the ignition and switching times for the supply of fuel are not exceeded by four minutes in the case of liquid fuel heaters or in the case of gaseous fuel heaters, one minute if the flame supervision device is thermoelectric or 10 seconds if it is automatic.1.3. The combustion chamber and the heat exchanger of heaters using water as a transfer medium shall be capable of withstanding a pressure of twice the normal operating pressure or 2 bar (gauge), whichever is greater. The test pressure shall be noted in the information document.1.4. The heater must have a maker's label showing the maker's name, the model number and type together with its rated output in kilowatts. The fuel type must also be stated and, where relevant, the operating voltage and gas pressure.1.5. Delayed shut-off of combustion air blowers1.5.1. If a combustion air blower is fitted a delayed shut-off must be provided even in the event of overheating and in the event of interruption of the fuel supply.1.5.2. Other measures to prevent damage due to deflagration and exhaust corrosion can be applied if the manufacturer provides evidence to the satisfaction of the approval authority of their equivalent effect.1.6. Requirements for electrical supply1.6.1. All technical requirements affected by the voltage must be within the voltage range of ± 16 % of the rated figure. However, if undervoltage and/or over voltage protection is provided, the requirements shall be met at rated voltage and in the immediate vicinity of the cut-off points.1.7. Warning light1.7.1. A clearly visible tell-tale in the operator's field of view shall inform when the combustion heater is switched on or off.2. VEHICLE INSTALLATION REQUIREMENTS2.1. Scope2.1.1. Subject to paragraph 2.1.2, combustion heaters shall be installed according to the requirements of this Annex.2.1.2. Vehicles of category O having liquid fuel heaters are deemed to comply with the requirements of this Annex.2.2. Positioning of heater2.2.1. Body sections and any other components in the vicinity of the heater must be protected from excessive heat and the possibility of fuel or oil contamination.2.2.2. The combustion heater shall not constitute a risk of fire, even in the case of overheating. This requirement shall be deemed to be fulfilled if the installation ensures an adequate distance to all parts and suitable ventilation, by the use of fire resistant materials or by the use of heat shields.2.2.3. In the case of M2 and M3 vehicles, the heater must not be positioned in the passenger compartment. However, an installation in an effectively sealed envelope which also complies with the conditions in paragraph 2.2.2 may be used.2.2.4. The label referred to in paragraph 1.4, or a duplicate, must be positioned so that it can be easily read when the heater is installed in the vehicle.2.2.5. Every reasonable precaution should be taken in positioning the heater to minimise the risk of injury and damage to personal property.2.3. Fuel supply2.3.1. The fuel filler must not be situated in the passenger compartment and must be provided with an effective cap to prevent fuel spillage.2.3.2. In the case of liquid fuel heaters, where a supply separate to that of the vehicle is provided, the type of fuel and its filler point must be clearly labelled.2.3.3. A notice, indicating that the heater must be shut down before refuelling, must be affixed to the fuelling point. In addition a suitable instruction must be included in the manufacturer's operating manual.2.4. Exhaust system2.4.1. The exhaust outlet must be located so as to prevent emissions from entering the vehicle through ventilators, heated air inlets or opening windows.2.5. Combustion air inlet2.5.1. The air for the combustion chamber of the heater must not be drawn from the passenger compartment of the vehicle.2.5.2. The air inlet must be so positioned or guarded that blocking by rubbish or luggage is unlikely.2.6. Heating air inlet2.6.1. The heating air supply may be fresh or recirculated air and must be drawn from a clean area not likely to be contaminated by exhaust fumes emitted either by the propulsion engine, the combustion heater or any other vehicle source.2.6.2. The inlet duct must be protected by mesh or other suitable means.2.7. Heating air outlet2.7.1. Any ducting used to route the hot air through the vehicle must be so positioned or protected that no injury or damage could be caused if it were to be touched.2.7.2. The air outlet must be so positioned or guarded that blocking by rubbish or luggage is unlikely.2.8. Automatic control of the heating systemThe heating system must be switched off automatically and the supply of fuel must be stopped within five seconds when the vehicle's engine stops running. If a manual device is already activated, the heating system can stay in operation.ANNEX VIIISAFETY REQUIREMENTS FOR LPG COMBUSTION HEATERS(See Annex II, point 3.3, Note 2)