title: Commission Directive 2010/19/EU of 9 March 2010 amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council (Text with EEA relevance)

text:
               20.3.2010

               EN

               Official Journal of the European Union

               L 72/17

         COMMISSION DIRECTIVE 2010/19/EU
   of 9 March 2010
   amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (1), and in particular Article 39(2) thereof,
   Whereas:

               (1)

               Council Directive 91/226/EEC of 27 March 1991 on the approximation of the laws of the Member States relating to the spray-suppression systems of certain categories of motor vehicles and their trailers (2) is one of the separate directives in the context of the EC type-approval procedure established under Directive 2007/46/EC. The provisions of Directive 2007/46/EC relating to systems, components and separate technical units for vehicles therefore apply to Directive 91/226/EEC.

               (2)

               In view of the mandatory application of the EC type-approval procedure to all vehicle categories covered by Directive 2007/46/EC, it is necessary to provide harmonised requirements with regard to spray suppression for all vehicle categories covered by Directive 91/226/EEC. Furthermore, it is necessary to clarify that those requirements are not mandatory for off-road vehicles. Finally, in view of the experience gained, it is necessary to adapt Directive 91/226/EEC and, consequently, Annex IV to Directive 2007/46/EC to technical progress.

               (3)

               Directives 91/226/EEC and 2007/46/EC should therefore be amended accordingly.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Technical Committee — Motor Vehicles,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 91/226/EEC shall be amended as follows:

               1.

               the list of Annexes and Annexes I, II and III are amended in accordance with Annex I to this Directive;

               2.

               the unnumbered Annex entitled ‘Figures’ is replaced by the text set out in Annex II to this Directive.

         Article 2
   Item 43 of Annex IV and Annex XI, Appendices 2 and 4 to Directive 2007/46/EC shall be replaced by the following:

                  ‘43

                  Spray suppression systems

                  Directive 91/226/EEC

                     L 103, 23.4.1991, p. 5

                  X

                  X

                  X

                  X

                  X

                  X

                  X’

   Article 3
   1.   With effect from 9 April 2011 Member States shall not, on grounds related to spray suppression, refuse to grant an EC or national type-approval to a vehicle and a component complying with the requirements laid down in Directive 91/226/EEC as amended by this Directive.
   2.   With effect from 9 April 2011 Member States shall, on grounds related to spray suppression, refuse to grant an EC or national type-approval to a vehicle and a component not complying with the requirements laid down in Directive 91/226/EEC as amended by this Directive.
   3.   When applying for EC whole vehicle type-approval under Directive 2007/46/EC, vehicle types which were granted a national or EC type-approval covering spray-suppression, shall not have to comply with the spray-suppression requirements set out in Directive 91/226/EEC.
   Article 4
   1.   Member States shall adopt and publish, by 8 April 2011 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 9 April 2011.
   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 5
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 9 March 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 263, 9.10.2007, p. 1.

      (2)  OJ L 103, 23.4.1991, p. 5.

      ANNEX I

                  1.

                  The list of Annexes to Directive 91/226/EEC is amended as follows:

                              (a)

                              the title relating to Appendix 3 of Annex II is replaced by the following:

                              (b)

                              the title relating to Annex III is replaced by the following:

                                          ‘Annex III

                                          :

                                          Requirements relating to the EC type approval of a vehicle with regard to the fitting of spray suppression systems

                                                      Appendix 1

                                                      :

                                                      Information document for EC vehicle type-approval

                                                      Appendix 2

                                                      :

                                                      Model for EC vehicle type-approval certificate’;

                              (c)

                              the line ‘FIGURES: (1 to 9)’ is replaced by the following:

                                          ‘Annex V

                                          :

                                          Figures 1 to 9’.

                  2.

                  Annex I to Directive 91/226/EEC is amended as follows:

                              (a)

                              points 9, 10 and 11 are replaced by the following:
                              ‘9.   Retractable axle

                              “Retractable axle” means an axle as defined in Annex I point 2.15 to Directive 97/27/EC.
                              10.   Unladen vehicle

                              “Unladen vehicle” means a vehicle in running order as defined in point 2.6 of Annex I to Directive 2007/46/EC of the European Parliament and of the Council (1).
                              11.   Tread

                              “Tread” is the part of the tyre as defined in point 2.8 of Annex II to Directive 92/23/EEC.

                              (b)

                              the following points 13, 14 and 15 are added:
                              ‘13.   Semitrailer towing vehicle

                              “Semitrailer towing vehicle” means a towing vehicle as defined in point 2.1.1.2.2 of Annex I to Directive 97/27/EC.
                              14.   Technically permissible maximum laden mass

                              “Technically permissible maximum laden mass” means the maximum mass of the vehicle as defined in point 2.6 of Annex I to Directive 97/27/EC.
                              15.   Type of vehicle

                              “Type of vehicle” means, in relation to spray suppression complete, incomplete or completed vehicles, which do not differ with respect to the following aspects:

                                          —

                                          type of spray suppression device (installed on the vehicle),

                                          —

                                          manufacturer’s spray suppression system type designation.’

                  3.

                  Annex II to Directive 91/226/EEC is amended as follows:

                              (a)

                              points 2 to 3.4.3 are replaced by the following:
                              ‘2.   Application for EC component type-approval

                              2.1.   The application for EC component type-approval pursuant to Article 7 of Directive 2007/46/EC of a type of spray-suppression device shall be submitted by the manufacturer.
                              2.2.   A model for the information document is set out in Appendix 3.
                              2.3.   The following shall be submitted to the technical service responsible for conducting the type-approval tests:
                              Four samples: three of which for tests and a fourth to be kept by the laboratory for any subsequent verification. The test laboratory may require further samples.
                              2.4.   Markings
                              Each sample must be clearly and indelibly marked with the trade name or mark and an indication of the type and include a space that is large enough for the EC component type-approval mark.
                              3.   Granting of EC component type-approval

                              3.1.   If the relevant requirements are satisfied, EC type-approval pursuant to Article 10 of Directive 2007/46/EC shall be granted.
                              3.2.   A model for the EC type-approval certificate is set out in Appendix 4.
                              3.3.   An approval number in accordance with Annex VII to Directive 2007/46/EC shall be assigned to each type of spray-suppression device approved. The same Member State shall not assign the same number to another type of spray-suppression device.
                              3.4.   Any spray-suppression device in conformity with a type approved pursuant to this Directive shall bear an EC component type-approval mark, so affixed as to be indelible and easily legible even when the device is fitted to the vehicle.
                              3.5.   A symbol “A” for devices of the energy-absorption type or “S” for devices of the air/water separator type shall be added to the approval mark in accordance with point 1.3 of the Appendix of Annex VII to Directive 2007/46/EC.’;

                              (b)

                              Appendices 1 to 4 are replaced by the following:‘
                                 Appendix 1

                                    Tests on spray-suppression devices of the energy-absorber type

                                 1.   Principle

                                 The aim of this test is to quantify the ability of a device to retain the water directed against it by a series of jets. The test assembly is intended to reproduce the conditions under which the device is to function when fitted to a vehicle as regards the volume and speed of the water thrown up from the ground by the tyre tread.
                                 2.   Equipment

                                 See Figure 8 in Annex V for a description of the test assembly.
                                 3.   Test conditions

                                             3.1.

                                             The tests must be carried out in a closed room with a still-air environment.

                                             3.2.

                                             The ambient temperature and the temperature of the test pieces must be 21 (± 3) °C.

                                             3.3.

                                             De-ionized water is to be used.

                                             3.4.

                                             The test pieces must be prepared for each test by wetting.

                                       4.   Procedure

                                             4.1.

                                             Secure a 500 (+ 0/– 5) mm wide 750 mm high sample of the equipment to be tested to the vertical plate of the testing equipment, making sure that the sample lies well within the limits of the collector, and that no obstacle is able to deflect the water, either before or after its impact.

                                             4.2.

                                             Set the water flow rate at 0,675 (+/– 0,01) l/s and direct at least 90 l, at most 120 l on to the sample from a horizontal distance of 500 (+/– 2) mm (Figure 8 of Annex V).

                                             4.3.

                                             Allow the water to trickle from the sample into the collector. Calculate the percentage of water collected versus the quantity of water sprayed.

                                             4.4.

                                             Carry out the test five times on the sample according to points 4.2 and 4.3. Calculate the average percentage of the series of five tests.

                                       5.   Results

                                             5.1.

                                             The average percentage calculated in point 4.4 must be 70 % or higher.

                                             5.2.

                                             If within a series of five tests the highest and lowest percentages of water collected depart from the average percentage by more than 5 %, the series of five tests must be repeated.
                                             If within a second series of five tests the highest and lowest percentages of water recovered again depart from the average percentage by more than 5 % and if the lower value does not satisfy the requirements of point 5.1, type-approval shall be refused.

                                             5.3.

                                             Test whether the vertical position of the device influences the results obtained. If it is the case, the procedure described in points 4.1 to 4.4 must be repeated in the positions giving the highest and lowest percentage of water collected; the requirements of point 5.2 remain in force.
                                             The mean of the individual results shall then be taken to give the average percentage. this average percentage must be 70 or higher.

                                 Appendix 2

                                    Test on spray-suppression devices of the air/water separator type

                                 1.   Principle

                                 This test is intended to determine the effectiveness of a porous material intended to retain the water with which it has been sprayed by means of a pressurised air/water pulveriser.
                                 The equipment used for the test must simulate the conditions to which the material would be submitted, with regard to the volume and speed of the water sprays produced by the tyres, if it were fitted to a vehicle.
                                 2.   Equipment

                                 See figure 9 in Annex v for a description of the test assembly.
                                 3.   Test conditions

                                             3.1.

                                             The tests must be carried out in a closed room with a still-air environment.

                                             3.2.

                                             The ambient temperature and the temperature of the test pieces must be 21 (± 3) °C.

                                             3.3.

                                             De-ionized water must be used.

                                             3.4.

                                             The test pieces must be prepared for each test by wetting

                                       4.   Procedure

                                             4.1.

                                             Secure a 305 × 100 mm sample vertically in the test assembly, check that there is no space between the sample and the upper curved plate and that the tray is properly in position. Fill the pulveriser tank with 1 ± 0,005 litres of water and place this as described in the diagram.

                                             4.2.

                                             The pulveriser must be regulated as follows:

                                                         pressure (at pulveriser): 5 bar + 10 %/– 0 %

                                                         flowrate: 1 litre/minute ± 5 seconds

                                                         pulverisation: circular, 50 ± 5 mm in diameter at 200 ± 5 mm from the sample, nozzle 5 ± 0,1 mm in diameter.

                                             4.3.

                                             Pulverise until there is no more water mist and note the time taken. Let the water flow out of the sample on to the tray for 60 seconds and measure the volume of water collected. Measure the quantity of water left in the pulveriser tank. Calculate the percentage by volume of water collected versus the volume of water pulverised.

                                             4.4.

                                             Carry out the test five times and calculate the average percentage of the quantity collected. Check before each test that the tray, pulveriser tank and measuring vessel are dry.

                                       5.   Results

                                             5.1.

                                             The average percentage calculated in point 4.4 must be 85 % or higher.

                                             5.2.

                                             If within a series of five tests the highest and lowest percentages of water collected depart from the average percentage by more than 5 %, the series of five tests must be repeated. If within a second series of five tests the highest and lowest percentages of water recovered again depart from the average percentage by more than 5 %, and if the lower value does not satisfy the requirements of point 5.1, type-approval shall be refused.

                                             5.3.

                                             Where the vertical position of the device influences the results obtained, the procedure described in points 4.1 to 4.4 must be repeated in the positions giving the highest and lowest percentages of water collected; the requirements of point 5.2 remain in force.
                                             The requirement of point 5.1 remains in force in order to give the results of each test.

                                 Appendix 3
                                 Information document No … relating to the EC component type-approval of spray suppression devices (Directive 91/226/EEC)
                                 The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.
                                 If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.
                                 0.   GENERAL

                                             0.1.

                                             Make (trade name of manufacturer):

                                             0.2.

                                             Type:

                                             0.5.

                                             Name and address of manufacturer:

                                             0.7.

                                             In the case of components and separate technical units, location and method of affixing of the EC approval mark:

                                             0.8.

                                             Address(es) of assembly plant(s):

                                       1.   DESCRIPTION OF THE DEVICE

                                             1.1.

                                             A technical description of the spray-suppression device indicating its physical operating principle and the relevant test to which it must be subject:

                                             1.2.

                                             The materials used:

                                             1.3.

                                             Drawing(s) in sufficient detail and to an appropriate scale to enable this (or these) to be identified. The drawing must show the space intended for the EEC component type-approval mark:
                                             Date
                                             Signed

                                 Appendix 4

                                    Addendum
                                    to EC type-approval certificate No … concerning the component type-approval of spray suppression devices with regard to Directive 91/226/EEC as last amended by Directive 2010/19/EU
                                    1.   Additional information

                                                1.1.

                                                Operating principle of device: energy-absorption/air/water separator (2):

                                                1.2.

                                                Characteristics of spray-suppression devices (brief description, trademark or name, number(s):

                                                5.

                                                Remarks (if any):

                              ’

                  4.

                  Annex III to Directive 91/226/EEC is amended as follows:

                              (a)

                              points 0.1 and 0.2 are replaced by the following:
                              ‘SCOPE

                                          0.1.

                                          Category N and O vehicles, with the exception of off-road vehicles as defined in Annex II to Directive 2007/46/EC, shall be constructed and/or fitted with spray suppression systems in such a way as to meet the requirements laid down in this Annex. In case of chassis/cab vehicles, these requirements may only be applied to the wheels covered by the cab.
                                          For vehicles of category N1 and N2 with a permissible maximum laden mass not exceeding 7,5 tonnes, the requirements of Directive 78/549/EEC (3) may be applied as alternative to the requirements of this Directive at the request of the manufacturer.

                                          0.2.

                                          The requirements of this Annex relating to spray-suppression devices, as defined in point 4 of Annex I, are not mandatory for categories N, O1 and O2 vehicles with a permissible maximum laden mass not exceeding 7,5 tonnes, chassis/cab vehicles, unbodied vehicles or vehicles on which the presence of spray-suppression devices would be incompatible with their use. However, if such devices are fitted to those vehicles, they must conform to the requirements of this Directive.

                              (b)

                              point 4 is replaced by the following:
                              ‘4.   Position of outer valance

                              The distance “c” between the longitudinal plane tangential to the outer tyre wall, apart from any tyre bulge near the ground, and the inner edge of the valance must not exceed 100 mm (Figures 1a and 1b of Annex V).’;

                              (c)

                              points 4.1 and 4.2 are deleted;

                              (d)

                              point 7.1.1 is replaced by the following:

                                          ‘7.1.1.

                                          The mudguards must cover the zone immediately above, ahead and behind the tyre or tyres in the following manner:

                                                      (a)

                                                      in the case of a single or multiple axle, the forward edge (C) must extend forwards to reach a line O-Z where θ (theta) is no more than 45° above the horizontal.
                                                      The rearmost edge (Figure 2 of Annex V) must extend downwards in such a way as not to be more than 100 mm above a horizontal line passing through the centre of the wheel;

                                                      (b)

                                                      in the case of multiple axles the angle θ relates only to the foremost axle and the requirement relating to the height of the rearmost edge applies only to the rearmost axle;

                                                      (c)

                                                      the mudguard must possess a total width “q” (Figure 1a of Annex V) at least adequate to cover the width of the tyre “b” or the entire width of two tyres “t” in the case of twin wheels, account being taken of the extremes for the tyre/wheel unit specified by the manufacturer. Dimensions “b” and “t” shall be measured at hub height, excluding any markings, ribs, protective bands, etc., on the tyre walls.’;

                              (e)

                              point 7.1.3 is replaced by the following:

                                          ‘7.1.3.

                                          If the mudguards are made up of several components, when fitted, they must not incorporate any aperture enabling spray to exit while the vehicle is in motion. This requirement is deemed to be met if, when the vehicle is either laden or unladen, any radial jet running outwards from the wheel centre over the entire width of the tyre running surface and within the range covered by the mudguard always strikes against a part of the spray suppression system.’;

                              (f)

                              points 7.2.1, 7.2.2 and 7.2.3 are replaced by the following:

                                          ‘7.2.1.

                                          In the case of single axles, the lower edge of the outer valance may not be situated beyond the following distances and radii, as measured from the centre of the wheel, except at the lowest extremities that may be rounded (Figure 2 of Annex V).
                                          Air suspension:

                                                                  (a)

                                                                  Axles fitted with steered wheels or self-steering wheels:

                                                                              From the front edge (towards the front of the vehicle) (tip C)

                                                                              To the rear edge (towards the rear of the vehicle) (tip A)

                                                      Rv ≤ 1,5 R

                                                                  (b)

                                                                  Axles fitted with non-steered wheels:

                                                                              From the front edge (tip C)

                                                                              To the rear edge (tip A)

                                                      Rv ≤ 1,25 R

                                                Mechanical suspension

                                                      (a)

                                                      general case } Rv ≤ 1,8 R

                                                      (b)

                                                      non-steered wheels for vehicles with a technically permissible laden mass more than 7,5 t } Rv ≤ 1,5 R
                                                      where R is the radius of the tyre fitted to the vehicle, and Rv the distance, expressed as a radius, at which the lower edge of the outer valance is situated.

                                          7.2.2.

                                          In the case of multiple axles the requirements laid down in point 7.2.1 do not apply between the vertical transversal planes passing through the centre of the first and the last axles where the outer valance may be straight in order to ensure the continuity of the spray suppression system. (Figure 4 of Annex V).

                                          7.2.3.

                                          The distance between the uppermost and the lowermost points of the spray suppression system (mudguard and outer valance) measured in any cross section perpendicular to the mudguard (see figures 1b and 2 in Annex V) must extend to not less than 45 mm at all points behind a vertical line passing through the centre of the wheel or the first wheel in the case of multiple axles. This dimension may be gradually reduced in front of this line.’;

                              (g)

                              the following points 7.2.5 and 7.2.6 are inserted:

                                          ‘7.2.5.

                                          The requirements of points 7.2.3 and 7.2.4 may not be respected locally when the valance is composed by different elements with relative movement.

                                          7.2.6.

                                          Tractors for semi-trailers with a low chassis (defined in point 6.20 of standard ISO 612 of 1978), namely those which may have a coupling pin height in relation to the ground equal to or less than 1 100 mm, may be designed in such a way as to be exempted from the requirements of points 7.1.1.a, 7.1.3 and 7.2.4. In this regard, mudguards and valances may not cover the area immediately above the tyres of the rear axles, when these tractors are coupled to a semi-trailer, in order to avoid the spray-suppression system being destroyed. However, the mudguards and valances of these vehicles must conform to the requirements of the above points, in sectors more than 60° from the vertical line passing through the centre of the wheel, in front and behind these tyres.
                                          Those vehicles must therefore be designed in such a way as to meet the requirements set out in the first paragraph when they are operated without a semi-trailer.
                                          In order to be able to meet those requirements, mudguards and valances may, for example, comprise a removable part.’;

                              (h)

                              point 7.3.1 is replaced by the following:

                                          ‘7.3.1.

                                          The width of the flap must fulfil the requirement for “q” in point 7.1.1(c), except where the flap is within the mudguards, in which case it must be at least equal in width to the tread of the tyre.
                                          The width of the part of the rain flaps positioned beneath the mudguard must satisfy the condition laid down in this paragraph with a tolerance of 10 mm at each side.’;

                              (i)

                              point 7.3.3 is replaced by the following:

                                          ‘7.3.3.

                                          The maximum height of the bottom edge must not exceed 200 mm (Figure 3 of Annex V).
                                          This distance is increased to 300 mm in the case of the last axle where the radial distance of the lower edge of the outer valancing, Rv, does not exceed the dimensions of the radius of the tyres fitted to the wheels on that axle.
                                          The maximum height of the bottom edge of the rain flap in relation to the ground, may be raised to 300 mm if the manufacturer deems it technically appropriate with regard to the suspension characteristics.’;

                              (j)

                              in point 7.3.5, the reference to ‘Figure 4b’ is replaced by a reference to ‘Figure 4 of Annex V’;

                              (k)

                              point 9.3.2.1 is replaced by the following:

                                          ‘9.3.2.1.

                                          The lower edge of the spray-suppression device must be not more than 200 mm from the ground.
                                          The maximum height of the bottom edge of the rain flap in relation to the ground, may be raised to 300 mm if the manufacturer deems it technically appropriate with regard to the suspension characteristics.’;

                              (l)

                              the following point 10 is added:

                                          ‘10.

                                          In the case of multiple axles, the spray-suppression system of one axle, which is not the furthest back, may not need to cover the entire width of the tread of the tyre when there is, locally, the possibility of interference between the spray-suppression system and the structure of the axles or of the suspension or of the undercarriage.’;

                              (m)

                              the Appendix is deleted;

                              (n)

                              the following Appendices 1 and 2 are added:‘
                                 Appendix 1
                                 INFORMATION DOCUMENT No … RELATING TO EC TYPE-APPROVAL OF A VEHICLE WITH RESPECT TO THE FITTING OF SPRAY-SUPPRESSION SYSTEMS (DIRECTIVE 91/226/EEC, AS LAST AMENDED BY DIRECTIVE 2010/19/EU) (4)

                                    (For the Explanatory notes please refer to Annex I to Directive 2007/46/EC)

                                 The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.
                                 If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.
                                 0.   GENERAL
                                 0.1.   Make (trade name of manufacturer):
                                 0.2.   Type:

                                             0.2.1.

                                             Commercial name(s) (if available):

                                       0.3.   Means of identification of type, if marked on the vehicle (b)

                                             0.3.1.

                                             Location of that marking:

                                       0.4.   Category of vehicle (c):
                                 0.5.   Name and address of manufacturer:
                                 0.8.   Address(es) of assembly plant(s):
                                 1.   GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE
                                 1.1.   Photographs and/or drawings of a representative vehicle:
                                 1.3.   Number of axles and wheels:

                                             1.3.1.

                                             Number and position of axles with twin wheels:

                                             1.3.2.

                                             Number and position of steered axles

                                       2.   MASSES AND DIMENSIONS (f) (g)
                                 (in kg and mm) (Refer to drawing where applicable)
                                 2.1.   Wheelbase(s) (fully loaded) (g) (l):
                                 2.6.   Mass in running order (maximum and minimum for each variant)
                                 Mass of the vehicle with bodywork and, in the case of a towing vehicle of category other than M1, with coupling device, if fitted by manufacturer, in running order, or mass of the chassis or chassis with cab, without bodywork and/or coupling device if the manufacturer does not fit the bodywork and/or coupling device (including liquids, tools, spare wheel, if fitted, and driver and, for buses and coaches, a crew member if there is a crew seat in the vehicle) (h) (maximum and minimum for each variant):

                                             2.6.1.

                                             Distribution of this mass among the axles and, in the case of a semi-trailer or centre-axle trailer, load on the coupling point (maximum and minimum for each variant):

                                       2.8.   Technically permissible maximum laden mass stated by the manufacturer (i) (3):
                                 9.   BODYWORK
                                 9.20.   Spray-suppression system

                                             9.20.0.

                                             Presence: yes/no/incomplete (1)

                                             9.20.1.

                                             Brief description of the vehicle with regard to its spray-suppression system and the constituent components:

                                             9.20.2.

                                             Detailed drawings of the spray-suppression system and its position on the vehicle showing the dimensions specified in the Figures in Annex V to Directive 91/226/EEC and taking account of the extremes of tyre/wheel combinations:

                                             9.20.3.

                                             Approval number(s) of spray-suppression device(s), if available:

                                       Date, File

                                 Appendix 2

                                    Addendum
                                    TO EC TYPE-APPROVAL CERTIFICATE No … CONCERNING THE TYPE APPROVAL OF A VEHICLE WITH REGARD TO DIRECTIVE 91/226/EEC AS LAST AMENDED BY DIRECTIVE 2010/19/EU
                                    1.   Additional information

                                                1.1.

                                                Characteristics of the spray-suppression devices (type, brief description, trade mark or name, component type-approval number(s):

                                          5.   Remarks (if any):

                              ’

         (1)  OJ L 263, 9.10.2007, p. 1.’;

         (2)  Delete where not applicable.

         (3)  OJ L 168, 26.6.1978, p. 45.’;

         (4)  For vehicles of category N1 and those of category N2 with a technically permissible maximum laden mass not exceeding 7,5 tons using the derogation of point 0.1 of Annex III to this Directive, the information document set out in Annex II to Directive 78/549/EEC may be used.

      ANNEX II

            ‘ANNEX V

               FIGURES

               Figure 1a

               Width (q) of mudguard (a) and position of valance (j)

               Figure 1b

               Example of measurement of the outer valance

               Figure 2

               Dimensions of mudguard and outer valance

               Figure 3

               Position of mudguard and rain flap

               Figure 4

               Diagram showing assembly of a spray-suppression system (mudguard, rain flap, outer valance) incorporating spray-suppression devices (energy absorbers) for multiple axles

               Figure 5

               Diagram showing assembly of a spray-suppression system incorporating spray-suppression devices (energy absorbers) for axles fitted with non-steered or self-steering wheels

               (Annex III — items 6.2 and 8)

               Figure 6

               Diagram showing assembly of a spray-suppression system incorporating spray-suppression devices fitted with air/water separators for axles fitted with steered, self-steering or non-steered wheels

               Figure 7

               Diagram showing assembly of a spray-suppression system incorporating spray-suppression devices (mudguard, rain flap, outer valance) for multiple axles where the distance between the tyres does not exceed 300 mm

               Figure 8

               Test assembly for energy absorption spray-suppression devices

               (Annex II, Appendix 1)

               Figure 9

               Test assembly for air/water separator spray-suppression devices

               (Annex II, Appendix 2)

            ’


title: Commission Directive 2006/70/EC of  1 August 2006  laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of  politically exposed person  and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis

text:
               4.8.2006

               EN

               Official Journal of the European Union

               L 214/29

      COMMISSION DIRECTIVE 2006/70/EC
   of 1 August 2006
   laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of ‘politically exposed person’ and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (1), and in particular points (a), (b) and (d) of Article 40(1) thereof,
   Whereas:

               (1)

               Directive 2005/60/EC requires institutions and persons covered to apply, on a risk-sensitive basis, enhanced customer due diligence measures in respect of transactions or business relationships with politically exposed persons residing in another Member State or in a third country. In the context of this risk analysis, it is appropriate for the resources of the institutions and persons covered to be focused in particular on products and transactions that are characterised by a high risk of money laundering. Politically exposed persons are understood to be persons entrusted with prominent public functions, their immediate family members or persons known to be close associates of such persons. In order to provide for a coherent application of the concept of politically exposed person, when determining the groups of persons covered, it is essential to take into consideration the social, political and economic differences between countries concerned.

               (2)

               Institutions and persons covered by Directive 2005/60/EC may fail to identify a customer as falling within one of the politically exposed person categories, despite having taken reasonable and adequate measures in this regard. In those circumstances, Member States, when exercising their powers in relation to the application of that Directive, should give due consideration to the need to ensure that those persons do not automatically incur liability for such failure. Member States should also consider facilitating compliance with that Directive by providing the necessary guidance to institutions and persons in this connection.

               (3)

               Public functions exercised at levels lower than national should normally not be considered prominent. However, where their political exposure is comparable to that of similar positions at national level, institutions and persons covered by this Directive should consider, on a risk-sensitive basis, whether persons exercising those public functions should be considered as politically exposed persons.

               (4)

               Where Directive 2005/60/EC requires institutions and persons covered to identify close associates of natural persons who are entrusted with prominent public functions, this requirement applies to the extent that the relation with the associate is publicly known or that the institution or person has reasons to believe that such relation exists. Thus it does not presuppose active research on the part of the institutions and persons covered by the Directive.

               (5)

               Persons falling under the concept of politically exposed persons should not be considered as such after they have ceased to exercise prominent public functions, subject to a minimum period.

               (6)

               Since the adaptation, on a risk-sensitive basis, of the general customer due diligence procedures to low-risk situations is the normal tool under Directive 2005/60/EC, and given the fact that simplified customer due diligence procedures require adequate checks and balances elsewhere in the system aiming at preventing money laundering and terrorist financing, the application of simplified customer due diligence procedures should be restricted to a limited number of cases. In these cases, the requirements for institutions and persons covered by that Directive do not disappear, and these are expected to, inter alia, conduct ongoing monitoring of the business relations, in order to be able to detect complex or unusually large transactions which have no apparent economic or visible lawful purpose.

               (7)

               Domestic public authorities are generally considered as low-risk customers within their own Member State and, in accordance with Directive 2005/60/EC, may be subject to simplified customer due diligence procedures. However, none of the Community institutions, bodies, offices or agencies, including the European Central Bank (ECB), directly qualify in the Directive for simplified customer due diligence under the ‘domestic public authority’ category or, in the case of the ECB, under the ‘credit and financial institution’ category. However, since these entities do not appear to present a high risk of money laundering or terrorist financing, they should be recognised as low-risk customers and benefit from the simplified customer due diligence procedures provided that appropriate criteria are fulfilled.

               (8)

               Furthermore, it should be possible to apply simplified customer due diligence procedures in the case of legal entities undertaking financial activities which do not fall under the definition of financial institution under Directive 2005/60/EC but which are subject to national legislation pursuant to that Directive and comply with requirements concerning sufficient transparency as to their identity and adequate control mechanisms, in particular enhanced supervision. This could be the case for undertakings providing general insurance services.

               (9)

               It should be possible to apply simplified customer due diligence procedures to products and related transactions in limited circumstances, for example where the benefits of the financial product in question cannot generally be realised for the benefit of third parties and those benefits are only realisable in the long term, such as some investment insurance policies or savings products, or where the financial product aims at financing physical assets in the form of leasing agreements in which the legal and beneficial title of the underlying asset remains with the leasing company or in the form of low value consumer credit, provided the transactions are carried out through bank accounts and are below an appropriate threshold. State controlled products which are generally addressed to specific categories of clients, such as savings products for the benefit of children, should benefit from simplified customer due diligence procedures even if not all the criteria are fulfilled. State control should be understood as an activity beyond normal supervision on financial markets and should not be construed as covering products, such as debt securities, issued directly by the State.

               (10)

               Before allowing use of simplified customer due diligence procedures, Member States should assess whether the customers or the products and related transactions represent a low-risk of money laundering or terrorist financing, notably by paying special attention to any activity of these customers or to any type of products or transactions which may be regarded as particularly likely, by their nature, to be used or abused for money laundering or terrorist financing purposes. In particular, any attempt by customers in relation to low-risk products to act anonymously or hide their identity should be considered as a risk factor and as potentially suspicious.

               (11)

               In certain circumstances, natural persons or legal entities may conduct financial activities on an occasional or very limited basis, as a complement to other non-financial activities, such as hotels that provide currency exchange services to their clients. Directive 2005/60/EC allows Member States to decide that financial activities of that kind fall outside its scope. The assessment of the occasional or very limited nature of the activity should be made by reference to quantitative thresholds in relation to the transactions and the turnover of the business concerned. These thresholds should be decided at national level, depending on the type of financial activity, in order to take account of differences between countries.

               (12)

               Moreover, a person engaging in a financial activity on an occasional or very limited basis should not provide a full range of financial services to the public but only those needed for improving the performance of its main business. When the main business of the person relates to an activity covered by Directive 2005/60/EC, the exemption for occasional or limited financial activities should not be granted, except in relation to traders in goods.

               (13)

               Some financial activities, such as money transmission or remittance services, are more likely to be used or abused for money laundering or terrorist financing purposes. It is therefore necessary to ensure that these or similar financial activities are not exempted from the scope of Directive 2005/60/EC.

               (14)

               Provision should be made for decisions pursuant to Article 2(2) of Directive 2005/60/EC to be withdrawn as quickly as possible if necessary.

               (15)

               Member States should ensure that the exemption decisions are not abused for money laundering or terrorist financing purposes. They notably should avoid adopting decisions under Article 2(2) of Directive 2005/60/EC in cases where monitoring or enforcement activities by national authorities present special difficulties as a result of overlapping competences between more than one Member State, such as the provision of financial services on board ships providing transport services between ports situated in different Member States.

               (16)

               The application of this Directive is without prejudice to the application of Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (2) and Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (3).

               (17)

               The measures provided for in this Directive are in accordance with the opinion of the Committee on the Prevention of Money Laundering and Terrorist Financing,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Subject-matter
   This Directive lays down implementing measures for Directive 2005/60/EC as regards the following:

               1.

               the technical aspects of the definition of politically exposed persons set out in Article 3(8) of that Directive;

               2.

               technical criteria for assessing whether situations represent a low risk of money laundering or terrorist financing as referred to in Article 11(2) and (5) of that Directive;

               3.

               technical criteria for assessing whether, in accordance with Article 2(2) of Directive 2005/60/EC, it is justified not to apply that Directive to certain legal or natural persons carrying out a financial activity on an occasional or very limited basis.

         Article 2
   Politically exposed persons
   1.   For the purposes of Article 3(8) of Directive 2005/60/EC, ‘natural persons who are or have been entrusted with prominent public functions’ shall include the following:

               (a)

               heads of State, heads of government, ministers and deputy or assistant ministers;

               (b)

               members of parliaments;

               (c)

               members of supreme courts, of constitutional courts or of other high-level judicial bodies whose decisions are not subject to further appeal, except in exceptional circumstances;

               (d)

               members of courts of auditors or of the boards of central banks;

               (e)

               ambassadors, chargés d'affaires and high-ranking officers in the armed forces;

               (f)

               members of the administrative, management or supervisory bodies of State-owned enterprises.

         None of the categories set out in points (a) to (f) of the first subparagraph shall be understood as covering middle ranking or more junior officials.
   The categories set out in points (a) to (e) of the first subparagraph shall, where applicable, include positions at Community and international level.
   2.   For the purposes of Article 3(8) of Directive 2005/60/EC, ‘immediate family members’ shall include the following:

               (a)

               the spouse;

               (b)

               any partner considered by national law as equivalent to the spouse;

               (c)

               the children and their spouses or partners;

               (d)

               the parents.

         3.   For the purposes of Article 3(8) of Directive 2005/60/EC, ‘persons known to be close associates’ shall include the following:

               (a)

               any natural person who is known to have joint beneficial ownership of legal entities or legal arrangements, or any other close business relations, with a person referred to in paragraph 1;

               (b)

               any natural person who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the benefit de facto of the person referred to in paragraph 1.

         4.   Without prejudice to the application, on a risk-sensitive basis, of enhanced customer due diligence measures, where a person has ceased to be entrusted with a prominent public function within the meaning of paragraph 1 of this Article for a period of at least one year, institutions and persons referred to in Article 2(1) of Directive 2005/60/EC shall not be obliged to consider such a person as politically exposed.
   Article 3
   Simplified customer due diligence
   1.   For the purposes of Article 11(2) of Directive 2005/60/EC, Member States may, subject to paragraph 4 of this Article, consider customers who are public authorities or public bodies and who fulfil all the following criteria as customers representing a low risk of money laundering or terrorist financing:

               (a)

               the customer has been entrusted with public functions pursuant to the Treaty on European Union, the Treaties on the Communities or Community secondary legislation;

               (b)

               the customer’s identity is publicly available, transparent and certain;

               (c)

               the activities of the customer, as well as its accounting practices, are transparent;

               (d)

               either the customer is accountable to a Community institution or to the authorities of a Member State, or appropriate check and balance procedures exist ensuring control of the customer’s activity.

         2.   For the purposes of Article 11(2) of Directive 2005/60/EC, Member States may, subject to paragraph 4 of this Article, consider customers who are legal entities which do not enjoy the status of public authority or public body but which fulfil all the following criteria as customers representing a low risk of money laundering or terrorist financing:

               (a)

               the customer is an entity that undertakes financial activities outside the scope of Article 2 of Directive 2005/60/EC but to which national legislation has extended the obligations of that Directive pursuant to Article 4 thereof;

               (b)

               the identity of the customer is publicly available, transparent and certain;

               (c)

               the customer is subject to a mandatory licensing requirement under national law for the undertaking of financial activities and licensing may be refused if the competent authorities are not satisfied that the persons who effectively direct or will direct the business of such an entity, or its beneficial owner, are fit and proper persons;

               (d)

               the customer is subject to supervision, within the meaning of Article 37(3) of Directive 2005/60/EC, by competent authorities as regards compliance with the national legislation transposing that Directive and, where applicable, additional obligations under national legislation;

               (e)

               failure by the customer to comply with the obligations referred to in point (a) is subject to effective, proportionate and dissuasive sanctions including the possibility of appropriate administrative measures or the imposition of administrative sanctions.

         Entity, as referred to in point (a) of the first subparagraph, shall include subsidiaries only in so far as the obligations of Directive 2005/60/EC have been extended to them on their own account.
   For the purposes of point (c) of the first subparagraph, the activity conducted by the customer shall be supervised by competent authorities. Supervision is to be understood in this context as meaning the type of supervisory activity with the highest supervisory powers, including the possibility of conducting on-site inspections. Such inspections shall include the review of policies, procedures, books and records, and shall extend to sample testing.
   3.   For the purposes of Article 11(5) of Directive 2005/60/EC, Member States may, subject to paragraph 4 of this Article, allow the institutions and persons covered by that Directive to consider products which fulfil all the following criteria, or transactions related to such products, as representing a low risk of money laundering or terrorist financing:

               (a)

               the product has a written contractual base;

               (b)

               the related transactions are carried out through an account of the customer with a credit institution covered by Directive 2005/60/EC or a credit institution situated in a third country which imposes requirements equivalent to those laid down in that Directive;

               (c)

               the product or related transactions are not anonymous and their nature is such that it allows for the timely application of Article 7(c) of Directive 2005/60/EC;

               (d)

               the product is subject to a predetermined maximum threshold;

               (e)

               the benefits of the product or related transactions cannot be realised for the benefit of third parties, except in the case of death, disablement, survival to a predetermined advanced age, or similar events;

               (f)

               in the case of products or related transactions allowing for the investment of funds in financial assets or claims, including insurance or other kind of contingent claims:

                           (i)

                           the benefits of the product or related transactions are only realisable in the long term;

                           (ii)

                           the product or related transactions cannot be used as collateral;

                           (iii)

                           during the contractual relationship, no accelerated payments are made, no surrender clauses are used and no early termination takes place.

         For the purposes of point (d) of the first subparagraph, the thresholds established in Article 11(5)(a) of Directive 2005/60/EC shall apply in the case of insurance policies or savings products of similar nature. Without prejudice to the third subparagraph, in the other cases the maximum threshold shall be EUR 15 000. Member States may derogate from that threshold in the case of products which are related to the financing of physical assets and where the legal and beneficial title of the assets is not transferred to the customer until termination of the contractual relationship, provided that the threshold established by the Member State for the transactions related to this type of product, whether the transaction is carried out in a single operation or in several operations which appear to be linked, does not exceed EUR 15 000 per year.
   Member States may derogate from the criteria set out in points (e) and (f) of the first subparagraph in the case of products the characteristics of which are determined by their relevant domestic public authorities for purposes of general interest, which benefit from specific advantages from the State in the form of direct grants or tax rebates, and the use of which is subject to control by those authorities, provided that the benefits of the product are realisable only in the long term and that the threshold established for the purposes of point (d) of the first subparagraph is sufficiently low. Where appropriate, that threshold may be set as a maximum annual amount.
   4.   In assessing whether the customers or products and transactions referred to in paragraphs 1, 2 and 3 represent a low risk of money laundering or terrorist financing, Member States shall pay special attention to any activity of those customers or to any type of product or transaction which may be regarded as particularly likely, by its nature, to be used or abused for money laundering or terrorist financing purposes.
   Member States shall not consider that customers or products and transactions referred to in paragraphs 1, 2 and 3 represent a low risk of money laundering or terrorist financing if there is information available to suggest that the risk of money laundering or terrorist financing may not be low.
   Article 4
   Financial activity on an occasional or very limited basis
   1.   For the purposes of Article 2(2) of Directive 2005/60/EC, Member States may, subject to paragraph 2 of this Article, consider legal or natural persons who engage in a financial activity which fulfils all the following criteria as not falling within the scope of Article 3(1) or (2) of that Directive:

               (a)

               the financial activity is limited in absolute terms;

               (b)

               the financial activity is limited on a transaction basis;

               (c)

               the financial activity is not the main activity;

               (d)

               the financial activity is ancillary and directly related to the main activity;

               (e)

               with the exception of the activity referred to in point (3)(e) of Article 2(1) of Directive 2005/60/EC, the main activity is not an activity mentioned in Article 2(1) of that Directive;

               (f)

               the financial activity is provided only to the customers of the main activity and is not generally offered to the public.

         For the purposes of point (a) of the first subparagraph, the total turnover of the financial activity may not exceed a threshold which must be sufficiently low. That threshold shall be established at national level, depending on the type of financial activity.
   For the purposes of point (b) of the first subparagraph, Member States shall apply a maximum threshold per customer and single transaction, whether the transaction is carried out in a single operation or in several operations which appear to be linked. That threshold shall be established at national level, depending on the type of financial activity. It shall be sufficiently low in order to ensure that the types of transactions in question are an impractical and inefficient method for laundering money or for terrorist financing, and shall not exceed EUR 1 000.
   For the purposes of point (c) of the first subparagraph, Member States shall require that the turnover of the financial activity does not exceed 5 % of the total turnover of the legal or natural person concerned.
   2.   In assessing the risk of money laundering or terrorist financing occurring for the purposes of Article 2(2) of Directive 2005/60/EC, Member States shall pay special attention to any financial activity which is regarded as particularly likely, by its nature, to be used or abused for money laundering or terrorist financing purposes.
   Member States shall not consider that the financial activities referred to in paragraph 1 represent a low risk of money laundering or terrorist financing if there is information available to suggest that the risk of money laundering or terrorist financing may not be low.
   3.   Any decision pursuant to Article 2(2) of Directive 2005/60/EC shall state the reasons on which it is based. Member States shall provide for the possibility of withdrawing that decision should circumstances change.
   4.   Member States shall establish risk-based monitoring activities or take any other adequate measures to ensure that the exemption granted by decisions pursuant to Article 2(2) of Directive 2005/60/EC is not abused by possible money launderers or financers of terrorism.
   Article 5
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 December 2007 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   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 6
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 7
   This Directive is addressed to the Member States.

      Done at Brussels, 1 August 2006.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  OJ L 309, 25.11.2005, p. 15.

      (2)  OJ L 344, 28.12.2001, p. 70. Regulation as last amended by Decision 2006/379/EC (OJ L 144, 31.5.2006, p. 21).

      (3)  OJ L 139, 29.5.2002, p. 9. Regulation as last amended by Commission Regulation (EC) No 674/2006 (OJ L 116, 29.4.2006, p. 58).