Avis juridique important

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31993L0091

Commission Directive 93/91/EEC of 29 October 1993 adapting to technical progress Council Directive 78/316/EEC relating to the interior fittings of motor vehicles (identification of controls, tell-tales and indicators)

Official Journal L 284 , 19/11/1993 P. 0025 - 0044 Finnish special edition: Chapter 13 Volume 25 P. 0047  Swedish special edition: Chapter 13 Volume 25 P. 0047

COMMISSION DIRECTIVE 93/91/EEC of 29 October 1993 adapting to technical progress Council Directive 78/316/EEC relating to the interior fittings of motor vehicles (identification of controls, tell-tales and indicators)THE COMMISSION OF  THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to 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 92/53/EEC (2), and in particular  Article 13 (2) thereof,  Having regard to Council Directive 78/316/EEC of 21 December 1977 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (identification of controls, tell-tales and indicators) (3), and in particular  Article 4 thereof,  Whereas Directive 78/316/EEC is one of the separate directives of the EEC type-approval procedure which has been established by Council Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle  systems, components and separate technical units shall apply to this Directive;  Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC necessitate that each separate directive has attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval  certificate based on Annex VI thereto in order that type-approval may be computerized;  Whereas Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (4), as last amended by Directive  91/663/EEC (5), established the symbol used to identify the control of headlamp-levelling devices, and this identification shall be maintained;  Whereas practical experience has shown that some requirements need to amended or clarified, in particular by using new symbols which are now internationally recognized and standardized by the International Organization for Standardization (ISO), and by  deleting certain symbols which are no longer used; whereas account should be taken of the new identification techniques which should enter into widespread use, consisting of the use of words or abbreviations instead of symbols for controls, tell-tales  and indicators; whereas specific requirements will have to be introduced when more detailed knowledge is available to enable designs based on these new identification techniques to be made;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee for the Adaptation on Technical Progress established by Directive 70/156/EEC,  HAS ADOPTED THIS DIRECTIVE:   Article 1  1. Article 1 of Directive 78/316/EEC shall be amended to read at the end:  ' . . . rails and of agricultural and forestry tractors and all mobile machinery.' 2. The list of Annexes and Annexes I, II, III and IV to Directive 78/316/EEC shall be amended in accordance with the Annex to this Directive.   Article 2  1. With effect from 1 April 1994 Member States may not, on grounds relating to interior fittings (identification of controls, tell-tales and indicators):  - refuse, in respect of a type of motor vehicle, to grant EEC type-approval, or to grant national type-approval,  or - prohibit the registration, sale or entry into service of vehicles if the interior fittings (identification of controls, tell-tales and indicators) comply with the requirements of Directive 78/316/EEC as amended by this Directive.  2. With effect from 1 October 1995 the Member States:  - shall no longer grant EEC type-approval for a type of vehicle,  - may refuse to grant national type-approval for a type of vehicle, and - may refuse the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC on grounds relating to interior fittings (identification of controls, tell-tales and indicators) if the requirements of Directive 78/316/EEC, as amended by this Directive, are not fulfilled.   Article 3  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 31 March 1994. They shall forthwith inform the Commission thereof.  2. When the Member States adopt these provisions, 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.  3. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.   Article 4  This Directive is addressed to the Member States.  Done at Brussels, 29 October 1993.  For the Commission Martin BANGEMANN Vice-President  (1) OJ No L 42, 23. 2. 1970, p. 1.  (2) OJ No L 225, 10. 8. 1992, p. 1.  (3) OJ No L 81, 28. 3. 1978, p. 3.  (4) OJ No L 262, 27. 9. 1976, p. 1.  (5) OJ No L 366, 31. 12. 1991, p. 17.      ANNEX  In the list of Annexes:  - the asterisks after the titles of Annexes I to IV and the related footnote shall be deleted,  - the title of Annex V shall read: 'Information document', and - at the end of the list, a new Annex VI shall be added, with the following title: 'EEC type-approval certificate'.  Annex I shall be amended as follows:  Item 2.1 shall be deleted.  Items 2.2 and 2.3 shall be renumbered 2.1 and 2.2.  Items 2.4 to 2.6 shall be deleted.  Items 2.7 to 2.9 shall be renumbered 2.3 to 2.5.  The following new item 2.6 shall be added after item 2.5:  '2.6. Information display device.  "Information display device" means a display device capable of displaying more than one type of information or message.' Items 2.10 to 2.20 shall be deleted.  Item 3.1 shall be amended to read:  '3.1. The application for EEC type-approval pursuant to Article 3 (4) of Directive 70/156/EEC of a vehicle type with regard to its identification of controls, tell-tales and indicators shall be submitted by the manufacturer.' Item 3.2 shall be amended to read:  '3.2. A model for the information document is given in Annex V.' Item 3.2.1 shall be deleted.  Item 4 shall be amended to read:  '4. GRANTING OF EEC TYPE-APPROVAL 4.1. If the relevant requirements are satisfied, EEC type-approval pursuant to Article 4 (3) of Directive 70/156/EEC shall be granted.  4.2. A model for the EEC type-approval certificate is given in Annex VI.  4.3. 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.' Item 5.1.1: The first sentence shall read as follows:  'Where fitted, the controls, tell-tales and indicators listed in Annex II must be identified by symbols.' Item 5.1.2 shall be amended to read:  '5.1.2. If symbols are used for identifying the controls, tell-tales and indicators listed in Annex III, such symbols must be in conformity with those indicated in the said Annex.' Item 5.1.3. shall be amended to read:  '5.1.3 Symbols other than those shown in Annexes II and III may be used to identify controls, tell-tales and indicators, other than those listed in this Directive, provided that there is no danger of confusion with those shown in the said Annexes.' Add the following new items after item 5.1.4:  '5.1.5. An information display device may be used to display messages from any source meeting the following requirements:  5.1.5.1. the brake, main-beam and direction-indicator tell-tales shall not appear in the same information display device;  5.1.5.2. the tell-tales and indicators in an information display device must provide relevant information whenever the situation that causes them to operate arises;  5.1.5.3. if two or more messages are given, they must either be repeated automatically in sequence or be indicated in such a manner as to be visible to and identifiable by the driver;  5.1.5.4. the requirements of Annex III regarding colour do not apply to tell-tales and indicators appearing in an information display device.' Item 5.2.3 shall be amended to read:  '5.2.3. The symbols must stand out clearly against the background.' Item 5.2.4 shall be amended to read:  '5.2.4. The colours used for tell-tales must be those prescribed in Annexes II and III.' The following new item 5.2.5 shall be added after item 5.2.4:  '5.2.5. Where a control, an indicator or a tell-tale are combined, a common symbol may be used for such a combination.' Items (6) and (7) between brackets shall be amended to read:  '6. AMENDMENTS TO APPROVALS 6.1. In the case of amendments to approvals granted pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.  7. CONFORMITY OF PRODUCTION 7.1. 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.' Items (8) and (9) in brackets shall be deleted.  Annex II shall be amended as follows:  The notes in (a) to (e) shall be deleted.  The following new sentence shall be inserted below the headline:  '(Symbols are in accordance with International Standard ISO 2575, fourth edition - 1982-11-15.)' The symbols appearing in Figures 1 to 29 shall be replaced by those appearing in Figures 1 to 23 as follows:  'Figure 1 Master light ISO 2575 No 4.23 Colour of tell-tale light: green Figure 2 Dipped beam headlamps ISO 2575 No 4.2 Colour of tell-tale light: green Framed areas may be solid.  If the control is not separate, it is identified by the symbol shown in Figure 1.  The number of lines can be four.  Figure 3 Main-beam headlamps ISO 2575 No 4.1 Colour of tell-tale light: blue Framed areas may be solid.  The number of lines can be four.  Figure 4 Position (side) lamps ISO 2575 No 4.33 Colour of tell-tale light: green Framed areas may be solid.  If the control is not separate, it is identified by the symbol shown in Figure 1.  Figure 5 Front fog lamps ISO 2575 No 4.21 Colour of tell-tale light: green Framed areas may be solid.  Figure 6 Rear fog lamp ISO 2575 No 4.22 Colour of tell-tale light: yellow Framed areas may be solid.  Figure 7 Headlamp levelling device ISO 2575 No 4.27 Framed areas may be solid.  Identification may follow Directive 76/756/EEC, Annex I, Appendix 7 The number of lines can be five.  Figure 8 Parking lamps ISO 2575 No 4.9 Colour of tell-tale light: green Figure 9 Direction indicators ISO 2575 No 4.3 Colour of tell-tale light: green Framed areas may be solid.  Figure 10 Hazard warning ISO 2575 No 4.4 Colour of tell-tale light: red Framed areas may be solid.  Note to Figures 9 and 10:  If the tell-tales for the left and right direction indicators are separate, the two arrows may also be used separately. In this case, these two separate arrows may be used simultaneously either as a hazard warning tell-tale together with, or instead of,  that prescribed in Figure 10.  Figure 11 Windscreen wiper ISO 2575 No 4.5 Figure 12 Windscreen washer ISO 2575 No 4.6 Figure 13 Windscreen wiper and washer ISO 2575 No 4.7 Figure 14 Headlamp cleaning device (with separate operating control) ISO 2575 No 4.19 Figure 15 Windscreen demisting and defrosting (when separate) ISO 2575 No 4.24 Colour of tell-tale light: yellow Figure 16 Rear window demisting and defrosting (when separate) ISO 2575 No 4.25 Colour of tell-tale light: yellow Figure 17 Ventilating fan (warm/cold air) ISO 2575 No 4.8 Outline only may also be used Figure 18 Diesel pre-heat ISO 2575 No 4.34 Colour of tell-tale light: yellow Figure 19 Choke (cold starting device) ISO 2575 No 4.12 Colour of tell-tale light: yellow Figure 20 Brake failure ISO 2575 No 4.31 Colour of tell-tale light: red Where a single tell-tale indicates more than one brake system condition, except brake anti-lock system failure, the symbol for brake failure in Figure 20 must be used.  Figure 21 Fuel level ISO 2575 No 4.14 Colour of tell-tale light: yellow Outline only may also be used Figure 22 Battery charging condition ISO 2575 No 4.16 Colour of tell-tale light: red Figure 23 Engine coolant temperature ISO 2575 No 4.15 Colour of tell-tale light: red ' Annex III shall be amended as follows:  The note shall be deleted.  The following new sentence shall be inserted below the headline:  '(Symbols are in accordance with International Standard ISO 2575, fourth edition 1982-11-15).' The symbols appearing in Figures 1 and 2 shall be replaced by those appearing in Figures 1 to 11 below:  'Figure 1 Parking brake ISO 2575 No 4.32 Colour of tell-tale light: red Where a single tell-tale indicates more than one brake system condition, the symbol for brake failure shown in Annex II, Figure 20, must be used.  Figure 2 Rear window piper ISO 2575 No 4.28 Figure 3 Rear window washer ISO 2575 No 4.29 Figure 4 Rear window wiper and washer ISO 2575 No 4.30 Figure 5 Intermittent windscreen wiper ISO 2575 No 4.45 Figure 6 Horn ISO 2575 No 4.13 Figure 7 Front hood (bonnet) ISO 2575 No 4.10 Outline only may also be used Figure 8 Rear hood ISO 2575 No 4.11 Outline only may also be used Figure 9 Seat beltISO 2575 No 4.18 Colour of tell-tale light: red Outline only may also be used Figure 10 Engine oil pressure ISO 2575 No 4.17 Colour of tell-tale light: red Figure 11 Unleaded petrol ISO 2575 No 4.26 '  Annex V shall be deleted and shall be replaced by the following Annex V. The subsequent new Annex VI shall be added.  'ANNEX V INFORMATION DOCUMENT No . . . (1)() pursuant to Annex I to Council Directive 70/156/EEC relating to EEC type-approval of a vehicle with respect to the interior fittings (identification of controls, tell-tales and indicators) (Directive 78/316/EEC) as last amended by Directive 93/91/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 A 4 or on a folder of A 4 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 and general commercial description(s):  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:  9. BODYWORK 9.10. Interior fittings 9.10.2. Arrangement and identification of controls, tell-tales and indicators 9.10.2.1. Photographs and/or drawings of the arrangement of symbols and controls, tell-tales and indicators:  9.10.2.2. Photographs and/or drawings of the identification of controls, tell-tales and indicators and of the vehicle parts mentioned in Directive 78/316/EEC where relevant:  9.10.2.3. Summary table:  The vehicle is equipped with the following controls, indicators and tell-tales pursuant to Annexes II and III to Directive 78/316/EEC:  Controls, tell-tales and indicators for which, when fitted, identification is mandatory, and symbols to be used for that purpose  >(2)(2)(3)(2)(2)(3)"> ID="1">1> ID="2">Master light"> ID="1">2> ID="2">Dipped-beam headlamps"> ID="1">3> ID="2">Main-beam headlamps"> ID="1">4> ID="2">Position (side) lamps"> ID="1">5> ID="2">Front fog lamps"> ID="1">6> ID="2">Rear fog  lamp"> ID="1">7> ID="2">Headlamp levelling device"> ID="1">8> ID="2">Parking lamp"> ID="1">9> ID="2">Direction indicators"> ID="1">10> ID="2">Hazard warning"> ID="1">11> ID="2">Windscreen wiper"> ID="1">12> ID="2">Windscreen washer"> ID="1">13>  ID="2">Windscreen wiper and washer"> ID="1">14> ID="2">Headlamp cleaning device"> ID="1">15> ID="2">Windscreen demisting and defrosting"> ID="1">16> ID="2">Rear window demisting and defrosting"> ID="1">17> ID="2">Ventilating fan"> ID="1">18>  ID="2">Diesel pre-heat"> ID="1">19> ID="2">Choke"> ID="1">20> ID="2">Brake failure"> ID="1">21> ID="2">Fuel level"> ID="1">22> ID="2">Battery charging condition"> ID="1">23> ID="2">Engine coolant temperature""      >Controls, tell-tales and indicators for which, when fitted, identification is optional, and symbols which must be used if they are to be identified >(4)(4)(5)(4)(4)(5)"> ID="1">1> ID="2">Parking brake"> ID="1">2> ID="2">Rear window wiper"> ID="1">3> ID="2">Rear window washer"> ID="1">4> ID="2">Rear window wiper and washer"> ID="1">5> ID="2">Intermittent windscreen wiper"> ID="1">6>  ID="2">Audible warning device (horn)"> ID="1">7> ID="2">Front hood (bonnet)"> ID="1">8> ID="2">Rear hood (boot)"> ID="1">9> ID="2">Seat belt"> ID="1">10> ID="2">Engine oil pressure"> ID="1">11> ID="2">Unleaded petrol""      >ANNEX VI MODEL (maximum format: A 4 (210 × 297 mm)) EEC TYPE-APPROVAL CERTIFICATE Stamp of Administration Communication concerning the - type-approval (6) - extension of type-approval (6) - refusal of type-approval (6) - withdrawal of  type-approval (6) of a type of vehicle/component/separate technical unit (6) with regard to Directive 78/316/EEC, as last amended by Directive 93/91/EEC. Type-approval number: Reason for extension: SECTION I 0.1. Make (trade name of manufacturer): 0.2.  Type and general commercial description(s): 0.3. Means of identification of type if marked on the vehicle/component/separate technical unit (6) (7): 0.3.1. Location of that marking: 0.4. Category of vehicle (8): 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 EEC type-approval mark: 0.8. Name(s) and address(es) of assembly plant(s): SECTION II 1. Additional information (where applicable): see Appendix 2.  Technical service responsible for carrying out the tests: 3. Date of test report: 4. Number of test report: 5. Remarks (if any): see Appendix 6. Place: 7. Date: 8. Signature: 9. The index to the information package lodged with the approval authority,  which may be obtained on request, is attached. Appendix to EEC type-approval certificate No . . . concerning the type-approval of a vehicle with regard to Directive 78/316/EEC as last amended by Directive 93/91/EEC 1. Additional information Not  applicable 5. Remarks: (e.g. valid for both left-hand drive and right-hand drive vehicles)' (1)() The item numbers and footnotes used in this Information Document correspond to those set out in Annex I to Directive 70/156/EEC, as last amended by Directive 92/53/EEC. Items not relevant for the purpose of this Directive are omitted.  (2) × = yes.  - = no or not separately available.  o = optional.  (3) d = directly on control, indicator or tell-tale.  c = in close vicinity.  (4) × = yes.  - = no or not separately available.  o = optional.  (5) d = directly on control, indicator or tell-tale.  c = in close vicinity.  (6) Delete where not applicable. (7) If the means of identification of the type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document/type-approval certificate such  characters shall be represented in the documentation by the symbol '?' (e.g. ABC??123??). (8) As defined in Annex II A to Directive 70/156/EEC.


Avis juridique important

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31999L0102

Commission Directive 1999/102/EC of 15 December 1999 adapting to technical progress Council Directive 70/220/EEC relating to measures to be taken against air pollution by emissions from motor vehicles (Text with EEA relevance)

Official Journal L 334 , 28/12/1999 P. 0043 - 0050

COMMISSION DIRECTIVE 1999/102/ECof 15 December 1999adapting to technical progress Council Directive 70/220/EEC relating to measures to be taken against air pollution by emissions from motor vehicles(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles(1), as last amended by Directive 98/69/EC of the European Parliament and of the Council(2), and in particular Article 5 thereof,Whereas:(1) Directive 70/220/EEC is one of the separate directives under the type-approval procedure laid down by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(3), as last amended by Directive 98/91/EC of the European Parliament and of the Council(4).(2) Directive 70/220/EEC lays down the specifications for the testing of emissions of the motor vehicles covered by its scope. In view of the recent experience gained and the rapidly developing state of the art of on-board diagnostic (OBD) systems, it is appropriate to adapt those specifications accordingly with effect from the dates specified in Directive 98/69/EC.(3) It is necessary to clarify the dates of application of the OBD requirements of this Directive for new types and all types of vehicles of category M1 equipped with compression-ignition engines and the maximum mass of which exceeds 2500 kg and for vehicles in category N1 classes II and III.(4) It is appropriate to clarify the OBD requirements in relation to tamper prevention, disablement of engine misfire monitoring during certain operating conditions, the storage of distance travelled by the vehicle while a malfunction is indicated to the driver through the malfunction indicator, the capability of the OBD system to perform bi-directional logic control, the use of the P1 and P0 fault code sets of ISO 15031-6, the diagnostic connector and to express the OBD threshold limits to two decimal places. It is appropriate to introduce revised provisions for misfire monitoring under conditions likely to cause catalyst damage to reduce the possibility of false fault indications and to introduce the possibility of partial catalyst volume monitoring and the use of the enhanced on-board to off-board communications link provided by controller area network (CAN).(5) It is appropriate to allow the type-approval of vehicles with OBD systems that contain a limited number of minor deficiencies that may arise at, or prior to the time of type-approval or are discovered when vehicles are already in service. The type-approval authority may also issue an extension to the type-approval certificate for vehicles that have already been type-approved in cases where deficiencies are subsequently found within the OBD system on vehicles in-service. Such extensions may not be issued if there is a complete lack of monitoring capability. A period should be specified within which deficiencies authorised by the authority must be corrected on future manufactured vehicles.(6) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Annexes I, VI, X and XI to Directive 70/220/EEC are amended in accordance with the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1999 at the latest. They shall forthwith inform the Commission thereof.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 texts of the main provisions of national law that they adopt in the field governed by this Directive.Article 3This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.Article 4This Directive is addressed to the Member States.Done at Brussels, 15 December 1999.For the CommissionErkki LIIKANENMember of the Commission(1) OJ L 76, 6.4.1970, p. 1.(2) OJ L 350, 28.12.1998, p. 1.(3) OJ L 42, 23.2.1970, p. 1.(4) OJ L 11, 16.1.1999, p. 25.ANNEXAMENDMENTS TO ANNEXES I, VI, X AND XI TO DIRECTIVE 70/220/EECA. Annex I is amended as follows:1. Section 5.1.4.1 is replaced by the following: "5.1.4.1. Any vehicle with an emission control computer must include features to deter modification, except as authorised by the manufacturer. The manufacturer shall authorise modifications if these modifications are necessary for the diagnosis, servicing, inspection, retrofitting or repair of the vehicle. Any reprogrammable computer codes or operating parameters must be resistant to tampering and afford a level of protection at least as good as the provisions in ISO DIS 15031-7; dated October 1998 (SAE J2186 dated October 1996) provided that the security exchange is conducted using the protocols and diagnostic connector as prescribed in Section 6.5 of Annex XI, Appendix 1. Any removable calibration memory chips must be potted, encased in a sealed container or protected by electronic algorithms and must not be changeable without the use of specialised tools and procedures."2. Section 5.1.4.5 is replaced by the following: "5.1.4.5. Manufacturers using programmable computer code systems (e.g. electrical erasable programmable read-only memory, EEPROM) must deter unauthorised reprogramming. Manufacturers must include enhanced tamper-protection strategies and write protect features requiring electronic access to an off site computer maintained by the manufacturer. Methods giving an adequate level of tamper protection will be approved by the authority."3. Sections 8.1, 8.2, 8.3 and 8.4 are replaced by the following: "8.1. Vehicles with positive-ignition enginesWith effect from 1 January 2000 for new types and from 1 January 2001 for all types, vehicles of category M1, except vehicles the maximum mass of which exceeds 2500 kg, and vehicles of category N1 class I, must be fitted with an on-board diagnostic (OBD) system for emission control in accordance with Annex XI.With effect from 1 January 2001 for new types and from 1 January 2002 for all types, vehicles of category N1 classes II and III and vehicles of category M1, the maximum mass of which exceeds 2500 kg, must be fitted with an OBD system for emission control in accordance with Annex XI.8.2. Vehicles with compression-ignition enginesVehicles of category M1, except- vehicles designed to carry more than six occupants including the driver,- vehicles whose maximum mass exceeds 2500 kg,from 1 January 2003 for new types and from 1 January 2004 for all types, must be fitted with an on-board diagnostic (OBD) system for emission control in accordance with Annex XI.Where new types of compression-ignition engined vehicles entering into service prior to this date are fitted with an OBD system, the provisions of sections 6.5.3 to 6.5.3.6 of Annex XI, Appendix 1, are applicable.8.3. Vehicles with compression-ignition engines exempt from Section 8.2From 1 January 2005 for new types and from 1 January 2006 for all types, vehicles of category M1 exempted by Section 8.2, except vehicles of category M1 equipped with compression-ignition engines and the maximum mass of which exceeds 2500 kg, and vehicles in category N1 class 1 equipped with compression-ignition engines, must be fitted with on-board diagnostic (OBD) systems for emission control in accordance with Annex XI.From 1 January 2006 for new types and 1 January 2007 for all types, vehicles in category N1, classes II and III equipped with compression-ignition engines and vehicles of category M1 equipped with compression-ignition engines and the maximum mass of which exceeds 2500 kg, must be fitted with on-board diagnostic (OBD) systems for emission control in accordance with Annex XI.Where compression-ignition engined vehicles entering into service prior to the dates given in this section are fitted with OBD systems, the provisions of Sections 6.5.3 to 6.5.3.6 of Annex XI, Appendix 1, are applicable.8.4. Vehicles of other categoriesVehicles of other categories or vehicles of category M1 and N1 not covered by 8.1, 8.2 or 8.3, may be fitted with an OBD system. In this case, Sections 6.5.3 to 6.5.3.6 of Annex XI, Appendix 1 are applicable."B. In Annex VI, the table in Appendix 2 entitled "Diurnal ambient temperature profile for the calibration of the enclosure and the diurnal emission test" is replaced by the following table: "Diurnal ambient temperature profile for the calibration of the enclosure and the diurnal emmission test>TABLE>"C. Annex X is amended as follows:1. The table in Section 1.8. is replaced by the following table:>PIC FILE= "L_1999334EN.004601.EPS">2. Sections 1.8.1 to 1.8.5 are renumbered as 1.8.2 to 1.8.6.3. Footnote 4 in Sections 1.8.3.1 to 1.8.3.4 is renumbered as footnote 3. Footnote 5 in Sections 1.8.3.5 to 1.8.3.8 is renumbered as footnote 2.Footnotes 4 and 5 are deleted.D. Annex XI is amended as follows:1. In the English version, Section 2.19 is added as follows: "2.19. "Repair information" means all information required for diagnosis, servicing, inspection, periodic monitoring or repair of the vehicle and which the manufacturers provide for their authorised dealers/repair shops. Where necessary, such information shall include service handbooks, technical manuals, diagnosis information (e.g. minimum and maximum theoretical values for measurements), wiring diagrams, the software calibration identification number applicable to a vehicle type, instructions for individual and special cases, information provided concerning tools and equipment, data record information and two-directional monitoring and test data. The manufacturer shall not be obliged to make available that information which is covered by intellectual property rights or constitutes specific know-how of manufacturers and/or OEM suppliers; in this case the necessary technical information shall not be improperly withheld."2. This item only concerns the Portuguese version.3. A section 2.20 is added as follows: "2.20 "Deficiency" means, in respect of vehicle OBD systems, that up to two separate components or systems that are monitored contain temporary or permanent operating characteristics that impair the otherwise efficient OBD monitoring of those components or systems or do not meet all of the other detailed requirements for OBD. Vehicles may be type-approved, registered and sold with such deficiencies according to the requirements of Section 4 of this Annex."4. Section 3.1.1 is replaced by the following: "3.1.1. Access to the OBD system required for the inspection, diagnosis, servicing or repair of the vehicle must be unrestricted and standardised. All emission-related fault codes must be consistent with Section 6.5.3.4 of Appendix 1 to this Annex."5. Section 3.2.2.2 is replaced by the following: "3.2.2.2. When a manufacturer can demonstrate to the authority that the detection of higher levels of misfire percentages is still not feasible, or that misfire cannot be distinguished from other effects (e.g. rough roads, transmission shifts, after engine starting; etc.) the misfire monitoring system may be disabled when such conditions exist."6. Section 3.3.2 and the table are replaced by the following: "3.3.2. The OBD system must indicate the failure of an emission-related component or system when that failure results in emissions exceeding the threshold limits given below:>TABLE>"7. Section, 3.3.3.1 is replaced by the following: "3.3.3.1. Reduction in the efficiency of the catalytic converter with respect to the emissions of HC only. Manufacturers may monitor the front catalyst alone or in combination with the next catalyst(s) downstream. Each monitored catalyst or catalyst combination shall be considered malfunctioning when the emissions exceed the HC threshold given in the table in Section 3.3.2;"8. Section 3.3.3.5 is replaced by the following: "3.3.3.5. Unless otherwise monitored, any other emission-related powertrain component connected to a computer, including any relevant sensors to enable monitoring functions to be carried out, must be monitored for circuit continuity."9. Section 3.3.4.5 is replaced by the following: "3.3.4.5. Unless otherwise monitored, any other emission-related powertrain component connected to a computer must be monitored for circuit continuity."10. Section 3.6.1 is replaced by the following: "3.6.1. The distance travelled by the vehicle while the MI is activated must be available at any instant through the serial port on the standard link connector(1)."11. Section 3.7.1 is replaced by the following: "3.7.1. If misfire at levels likely to cause catalyst damage (as specified by the manufacturer) is not present any more, or if the engine is operated after changes to speed and load conditions where the level of misfire will not cause catalyst damage, the MI may be switched back to the previous state of activation during the first driving cycle on which the misfire level was detected and may be switched to the normal activated mode on subsequent driving cycles. If the MI is switched back to the previous state of activation, the corresponding fault codes and stored freeze-frame conditions may be erased."12. A Section 4 is added as follows: "4. Requirements relating to the type-approval of on-board diagnostic systems4.1. A manufacturer may request to the authority that an OBD system be accepted for type-approval even though the system contains one or more deficiencies such that the specific requirements of this Annex are not fully met.4.2. In considering the request, the authority shall determine whether compliance with the requirements of this Annex is infeasible or unreasonable.The authority shall take into consideration data from the manufacturer that details such factors as, but not limited to, technical feasibility, lead time and production cycles including phase-in or phase-out of engines or vehicle designs and programmed upgrades of computers, the extent to which the resultant OBD system will be effective in complying with the requirements of this directive and that the manufacturer has demonstrated an acceptable level of effort toward compliance with the requirements of this Directive.4.2.1. The authority will not accept any deficiency request that includes the complete lack of a required diagnostic monitor.4.2.2. The authority will not accept any deficiency request that does not respect the OBD threshold limits in Section 3.3.2.4.3. In determining the identified order of deficiencies, deficiencies relating to sections 3.3.3.1, 3.3.3.2 and 3.3.3.3 of this Annex for positive-ignition engines and sections 3.3.4.1, 3.3.4.2 and 3.3.4.3 of this Annex for compression-ignition engines shall be identified first.4.4. Prior to or at the time of type-approval, no deficiency shall be granted in respect of the requirements of Section 6.5, except Section 6.5.3.4, of Appendix 1 to this Annex.4.5. Deficiency period4.5.1. A deficiency may be carried-over for a period of two years after the date of type-approval of the vehicle type unless it can be adequately demonstrated that substantial vehicle hardware modifications and additional lead-time beyond two years would be necessary to correct the deficiency. In such a case, the deficiency may be carried-over for a period not exceeding three years.4.5.2. A manufacturer may request that the original type-approval authority grant a deficiency retrospectively when such a deficiency is discovered after the original type-approval. In this case, the deficiency may be carried over for a period of two years after the date of notification to the type-approval authority unless it can be adequately demonstrated that substantial vehicle hardware modifications and additional lead time beyond two years would be necessary to correct the deficiency. In such a case, the deficiency may be carried-over for a period not exceeding three years.4.6. The authority shall notify its decision in granting a deficiency request to all authorities in other Member States according to the requirements of Article 4 to Directive 70/156/EEC."13. Appendix 1 is amended as follows:(a) The third paragraph of Section 1 is replaced by the following: "When the vehicle is tested with the defective component or device fitted, the OBD system is approved if the MI is activated. The OBD system is also approved if the MI is activated below the OBD threshold limits."(b) Section 2.1, second indent, is replaced by the following: "- preconditioning of the vehicle with a simulated malfunction over preconditioning specified in Section 6.2.1 or Section 6.2.2."(c) Section 6.3.1.5 is replaced by the following: "6.3.1.5. Electrical disconnection of the evaporative purge control device (if equipped). For this specific failure mode, the Type I test need not be performed."(d) The second paragraph of Section 6.5.1.2 is replaced by the following: "The signals must be provided in standard units based on the specifications given in 6.5.3. Actual signals must be clearly identified separately from default value or limp-home signals."(e) Section 6.5.1.5 is added as follows: "6.5.1.5. From 1 January 2003 for new types and from 1 January 2005 for all types of vehicles entering into service, the software calibration identification number shall be made available through the serial port on the standardised data link connector. The software calibration identification number shall be provided in a standardised format."(f) Sections 6.5.3.1 to 6.5.3.6 are replaced by the following: "6.5.3.1. One of the following standards with the restrictions as described must be used as the on-board to off board communications link:ISO 9141-2 "Road Vehicles - Diagnostic Systems - CARB Requirements for the Interchange of Digital Information";ISO FDIS 11519-4 "Road Vehicles - Low Speed Serial Data Communication - Part 4: Class B Data Communication Interface (SAE J1850)". Emission-related messages must use the cyclic redundancy check and the three byte header and not use inter-byte separation or checksums.ISO FDIS 14230 - Part 4 "Road Vehicles - Diagnostic Systems - Keyword Protocol 2000".ISO WD 15765-4 "Road vehicles - Diagnostic systems Diagnostics on CAN - Part 4: Requirements for emissionrelated systems".6.5.3.2. Test equipment and diagnostic tools needed to communicate with OBD systems must meet or exceed the functional specification given in ISO DIS 15031-4 - dated June 1998 (SAE J1978 - dated February 1998).6.5.3.3. Basic diagnostic data, (as specified in 6.5.1) and bi-directional control information must be provided using the format and units described in ISO DIS 15031-5 - dated October 1998 (SAE J1979 - dated September 1997) and must be available using a diagnostic tool meeting the requirements of ISO DIS 15031-4 - dated June 1998 (SAE J1978 - dated February 1998).6.5.3.4. When a fault is registered, the manufacturer must identify the fault using an appropriate fault code consistent with those given in Section 6.3 of ISO DIS 15031-6 - dated October 1998 (SAE J2012 - dated July 1996), relating to "Powertrain system diagnostic trouble codes" (P0 fault codes). If such identification is not possible, the manufacturer may use diagnostic trouble codes according to Sections 5.3 and 5.6 of ISO DIS 15031-6 dated October 1998 (SAE J2012 - dated July 1996) (P1 fault codes). The fault codes must be fully accessible by standardised diagnostic equipment complying with the provisions of 6.5.3.2.The note in Section 6.3 of ISO 15031-6 (SAE J2012 - dated July 1996) immediately preceding the list of fault codes in the same section does not apply.6.5.3.5. The connection interface between the vehicle and the diagnostic tester must be standardised and must meet all the requirements of ISO DIS 15031-3 - dated December 1998 (SAE J1962 - dated February 1998). The installation position must be subject to agreement of the approval authority such that it is readily accessible by service personnel but protected from accidental damage during normal conditions of use.6.5.3.6. The manufacturer must also make accessible, where appropriate on payment, the technical information required for the repair or maintenance of motor vehicles unless that information is covered by an intellectual property right or constitutes essential, secret know-how which is identified in an appropriate form; in such case, the necessary technical information must not be withheld improperly.Entitled to such information is any person engaged in commercially servicing or repairing, road-side rescuing, inspecting or testing of vehicles or in manufacturing or selling replacement or retro-fit components, diagnostic tools and test equipment."(1) This requirement is only applicable from 1 January 2003 to new types of vehicles with an electronic speed input to the engine management. It applies to all new types of vehicles entering into service from 1 January 2005.


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31993L0052

Council Directive 93/52/EEC of 24 June 1993 amending Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species

Official Journal L 175 , 19/07/1993 P. 0021 - 0022 Finnish special edition: Chapter 3 Volume 51 P. 0009  Swedish special edition: Chapter 3 Volume 51 P. 0009

COUNCIL DIRECTIVE 93/52/EEC of 24 June 1993 amending Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine speciesTHE COUNCIL  OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof;  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas Article 1 of Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species (3) excluded embryos derived  by certain techniques from the scope of the said Directive; whereas embryos which are to be subjected to techniques which involve the penetration of the zona pellucida may be traded or imported as long as they meet the requirements of the said Directive  before recourse is had to these techniques, with certain additional safeguards; whereas embryos derived by in vitro fertilization may also be traded or imported, with appropriate safeguards;  Whereas the additional safeguards require amendments to the Annexes, which, under Article 16 of Directive 89/556/EEC, come within the competence of the Commission;  Whereas other amendments should be made to the Directive to clarify the status of semen used for fertilization of ova and to take account of the new foot-and-mouth disease policy in the Community,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 89/556/EEC is hereby amended as follows:  1. Article 1 (2) shall be replaced by the following:  '2. This Directive shall not apply to embryos derived by transfer of nuclei.';  2. the following shall be added to Article 2:  '(g) "embryo production team " means an officially approved embryo collection team for in vitro fertilization in accordance with the conditions laid down in the relevant Annex.';  3. the first subparagraph of Article 3 (a) shall be replaced by the following:  '(a) they must have been conceived as a result of artificial insemination or in vitro fertilization with semen from a donor sire standing at a semen collection centre approved by the competent authority for the collection, processing and storage of  semen or by semen imported in accordance with Directive 88/407/EEC (*).  (*) OJ No L 194, 22. 7. 1988, p. 10. Directive as last amended by Directive 90/425/EEC (OJ No L 224, 18. 8. 1990, p. 29).';  4. Article 4 shall be deleted;  5. the following paragraph shall be inserted in Article 5:  '2a. Approval of an embryo production team for embryos derived by in vitro fertilization shall be granted only where the provisions of the relevant Annex to this Directive are observed and where the embryo production team is able to satisfy the other  relevant provisions of this Directive and in particular the provisions of paragraphs 1 and 2 of this Article, which shall apply mutatis mutandis.';  6. Article 9 (3) shall be replaced by the following:  '3. In laying down animal health provisions concerning foot-and-mouth disease in accordance with paragraph 1, it must be taken into account that:  - only frozen embryos may be imported from third countries where vaccination against foot-and-mouth disease is practised. The embryos must be stored under approved conditions for a minimum of 30 days before consignment,  - donor animals must come from a holding in which no animal has been vaccinated against foot-and-mouth disease during the 30 days prior to collection, and which is not subject to any prohibition or quarantine measures.';  7. Articles 11, 12 and 13 shall be replaced by the following:  'Article 11 The principles and rules laid down by Directive 90/675/EEC (*) shall apply, in particular as regards the organization of the checks to be carried out by Member States and the follow-up to those checks as well as the safeguard measures to be implemented.   (*) OJ No L 373, 31. 12. 1990, p. 1. Directive as last amended by Regulation (EEC) No 1601/92 (OJ No L 173, 27. 6. 1992, p. 13).' Article 2  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1994. They shall forthwith inform the Commission thereof.  When Member States adopt these provisions, the provisions shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such references shall be adopted by Member  States.  2. Member States shall communicate to the Commission the text of the main provisions of domestic law they adopt in the field covered by this Directive.  Article 3  This Directive is addressed to the Member States.  Done at Luxembourg, 24 June 1993.  For the Council The President B. WESTH (1) OJ No C 63, 5. 3. 1993, p. 11.(2) OJ No C 150, 31. 5. 1993.(3) OJ No L 302, 19. 10. 1989, p. 1. Directive as amended by Directive 90/425/EEC (OJ No L 224, 18. 8. 1990, p. 29).


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31968L0368

Council Directive 68/368/EEC of 15 October 1968 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85): 1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852), 2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853)

Official Journal L 260 , 22/10/1968 P. 0019 - 0022 Finnish special edition: Chapter 6 Volume 1 P. 0083  Danish special edition: Series I Chapter 1968(II) P. 0507  Swedish special edition: Chapter 6 Volume 1 P. 0083  English special edition: Series I Chapter 1968(II) P. 0517  Greek special edition: Chapter 06 Volume 1 P. 0108  Spanish special edition: Chapter 06 Volume 1 P. 0104  Portuguese special edition Chapter 06 Volume 1 P. 0104

COUNCIL DIRECTIVE  of 15 October 1968  laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85);  1. Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852)  2. Hotels, rooming houses, camps and other lodging places (ISIC Group 853)  (68/368/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2), 57, 63 (2) and 66 thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment, 1 and in particular the second and third paragraphs of Title V thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide services, 2 and in particular the second and third paragraphs of Title VI thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 3;  Having regard to the Opinion of the Economic and Social Committee 4;  Whereas, besides making provision for the abolition of restrictions, the General Programmes provide that it should be examined whether such abolition should be preceded, accompanied or followed by mutual recognition of diplomas, certificates and other evidence of formal qualifications, and by the co-ordination of provisions laid down by law, regulation or administrative action concerning the taking up and pursuit of the activities in question, and whether, if need be, transitional measures should be adopted pending such recognition or co-ordination;  Whereas not all Member States impose conditions for the taking up and pursuit of activities in respect of the operation of drinking and eating places or of lodging places ; whereas, while in some cases there is freedom to take up and pursue such activities, in other cases there are stringent provisions making the taking up and pursuit thereof subject to possession of formal qualifications;  Whereas, in view of the existence of regulations in certain Member States and the absence of any regulations whatsoever in others, it has not been possible to effect the co-ordination provided for at the same time as the abolition of restrictions ; whereas such co-ordination must be effected at a later date;  Whereas, in the absence of immediate co-ordination, it nevertheless appears desirable to make it easier to attain freedom of establishment and freedom to provide services in respect of the activities in question by the adoption of transitional measures of the kind envisaged in the General Programmes ; whereas this should be done primarily in order to avoid causing exceptional difficulties for nationals of Member States in which the taking up of such activities is not subject to any conditions;  Whereas, in order to prevent such difficulties arising, the main object of the transitional measures should be to allow, as sufficient qualification for taking up the activities in question in host States which have rules governing such activities, the fact that the occupation has been pursued in a Community country other than the host country for a reasonable period of time, such period being, in cases where no previous training is required, sufficiently recent to ensure that the person concerned possesses professional knowledge equivalent to that required of the host country's own nationals;  Whereas, owing to differences in the views taken by the various Member States of certain of the activities  1OJ No 2, 15.1.1962, p. 36/62. 2OJ No 2, 15.1.1962, p. 32/62. 3OJ No 23, 5.2.1966, p. 357/66. 4OJ No 205, 7.12.1965, p. 3074/65.   falling within the provisions of the Council Directive of 15 October 1968 1 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85) - 1 : Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852) ; 2 : Hotels, rooming houses, camps and other lodging places (ISIC Group 853) - it can happen that an activity which in one State is regarded as falling within the personal services sector may in another be regarded as falling within the food manufacturing and beverage industries ; whereas, to resolve any difficulties caused by such differences, the definitions given in the laws of the host country should be referred to in each case in order to determine which Directive on transitional measures should be applied;  Whereas, as regards States which do not make the taking up of the activities in question subject to any rules, in order to avoid a disproportionate influx into those States of persons who are unable to satisfy the conditions laid down in respect of the taking up and pursuit of such activities in the country whence they come, provision should be made for those States to be authorised, where appropriate and in respect of one or more activities, to require nationals of other Member States to furnish proof that they are qualified to pursue the activity in question in the country whence they come;  Whereas, however, considerable caution should be exercised in granting such authorisations, for, if too generally applied, they might hinder freedom of movement ; whereas they should therefore be limited, both as to their period of validity and as to their scope, and, as is generally provided in the Treaty in respect of the administration of protective measures, the granting of such authorisations should be entrusted to the Commission;  Whereas the main purpose of the measures provided for in this Directive will disappear once the co-ordination of conditions for the taking up and pursuit of the activities in question and the mutual recognition of diplomas, certificates and other formal evidence of qualifications has been achieved;  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Member States, acting in accordance with the provisions hereinafter laid down, shall adopt the following transitional measures in respect of establishment or provision of services in their territories by natural persons or companies or firms covered by Title I of the General Programmes (hereinafter called "beneficiaries") wishing to engage in the activities of self-employed persons referred to in paragraph 2.  2. The activities in question are those covered by the Council Directive of 15 October 1968 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in the personal services sector (ISIC ex Major Group 85) ; 1 : Restaurants, cafes, taverns and other drinking and eating places (ISIC Group 852) ; 2 : Hotels, rooming houses, camps and other lodging places (ISIC Group 853).   Article 2 Where, according to the laws of a Member State, certain activities fall not within the personal services sector but rather within the food manufacturing and beverage industries, the appropriate Directive laying down detailed provisions concerning transitional measures in the field in question shall apply to those activities in that Member State.   Article 3 Member States in which the taking up or pursuit of any activity referred to in Article 1 (2) is subject to possession of certain qualifications shall ensure that any beneficiary who applies therefor be provided, before he establishes himself or before he begins to pursue any activity on a temporary basis, with information as to the rules governing the occupation which he proposes to pursue.   Article 4 1. Where, in a Member State, the taking up or pursuit of any activity referred to in Article 1 (2) is dependent on the possession of general, commercial or professional knowledge and ability, that Member State shall accept as sufficient evidence of such knowledge and ability the fact that the activity in question has been pursued in another Member State for any of the following periods:    (a) three consecutive years either in an independent capacity or in a managerial capacity ; or       (b) two consecutive years either in an independent capacity or in a managerial capacity, where the beneficiary can prove that for the occupation in question he has received previous training, attested by a certificate recognised by the State, or regarded by the competent professional or trade body as fully satisfying its requirements ; or       (c) two consecutive years in an independent capacity or in a managerial capacity, where the beneficiary can prove that he has pursued the occupation in question for at least three years in a non-independent capacity ; or  1OJ No L 260, 22.10.1968, p. 9.        (d) three consecutive years in a non-independent capacity, where the beneficiary can prove that for the occupation in question he has received previous training, attested by a certificate recognised by the State, or regarded by the competent professional or trade body as fully satisfying its requirements.      The host Member State may require of nationals of other Member States, in so far as it so requires of its own nationals, that the activity in question should have been pursued, and vocational training received, in the branch of trade in the host country in which the beneficiary wishes to establish himself.   2. In the cases referred to in subparagraphs (a) and (c) of paragraph 1 pursuit of the activity shall not have ceased more than ten years before the date when the application provided for in Article 6 (2) is made. However, where a shorter period is laid down in a Member State for its nationals, that period may also be applied in respect of beneficiaries.   Article 5 1. Where, in a Member State, the taking up or pursuit of any activity referred to in Article 1 (2) is not subject to the possession of general, commercial or professional knowledge or ability, that State may, if serious difficulties result from the application of the Council Directive referred to in Article 1 (2), request from the Commission authorisation, for a limited period and in respect of one or more specified activities, to require from nationals of other Member States who wish to pursue those activities in its territory proof that they possess the qualifications required for the pursuit of such activities, either in an independent capacity or in a managerial capacity, in the country whence they come.  Use shall not be made of this power in respect of a person who comes from a country which does not make the taking up of the activity in question subject to proof of particular knowledge, or in respect of a person who has lived in the host country for at least five years.  2. On receipt of a request from the Member State concerned stating the reasons on which it is based, the Commission shall forthwith specify the conditions on which the authorisation provided for in paragraph 1 of this Article will be granted and lay down detailed rules concerning its implementation.   Article 6 1. A person shall be regarded as having pursued an activity in a managerial capacity within the meaning of Articles 4 and 5 if he has pursued such activity in an industrial or commercial undertaking in the field in question:    (a) as manager of an undertaking or manager of a branch of an undertaking ; or       (b) as deputy to the proprietor or to the manager of an undertaking, where such post involves responsibility equivalent to that of the proprietor or manager represented ; or       (c) in a managerial post with duties of a type normally pertaining to the occupation in question and with responsibility for one or more departments of the undertaking.         2. Proof that the conditions laid down in Article 4 (1) or in Article 5 (1) are satisfied shall be established by certificates issued by the competent authority or body in the country whence the person concerned comes, which such person shall submit in support of his application for authorisation to pursue the activity or activities in question in the host country.  3. Member States shall, within the time limit laid down in Article 8, designate the authorities and bodies competent to issue these certificates and shall forthwith inform the other Member States and the Commission thereof.   Article 7 The provisions of this Directive shall remain applicable until the entry into force of provisions relating to the co-ordination of national rules concerning the taking up and pursuit of the activities in question.   Article 8 Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.   Article 9 Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 10 This Directive is addressed to the Member States.     Done at Luxembourg, 15 October 1968.  For the Council  The President  G. SEDATI