Avis juridique important

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31989L0235

Council Directive 89/235/EEC of 13 March 1989 amending Directive 78/1015/EEC on the approximation of the laws of the Member States on the permissible sound level and exhaust systems of motorcycles

Official Journal L 098 , 11/04/1989 P. 0001 - 0012 Finnish special edition: Chapter 13 Volume 18 P. 0123  Swedish special edition: Chapter 13 Volume 18 P. 0123

COUNCIL DIRECTIVE of 13 March 1989 amending Directive 78/1015/EEC on the approximation of the laws of the Member States on the permissible sound level and exhaust systems of motorcycles (89/235/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise an area without internal frontiers in which the free movement  of goods, persons, services and capital is ensured;  Whereas Directive 78/1015/EEC (4), as last amended by Directive 87/56/EEC (5), lays down limits for the sound level of motorcycles and provisions governing exhaust systems fitted as original equipment to motorcycles;  Whereas replacement exhaust systems very frequently differ from original equipment; whereas this situation therefore has, among other things, adverse effects on the sound emissions of motorcycles; whereas an EEC type-approval procedure for such replacement devices, making it possible to  establish that a type of device meets the technical requirements and checks laid down at Community level, is likely to be an adequate means of reducing the sound level of motorcycles in use and of affording the population additional protection against  noise nuisances caused by such vehicles;  Whereas, to that end, Directive 78/1015/EEC should be amended by including provisions on exhaust systems as separate technical units to be marketed and used as replacement parts, so that such equipment may be regulated by Community requirements for  ensuring effective protection against noise nuisances,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 78/1015/EEC is hereby amended as follows:  1.  Article 2 is replaced by the following:  ´Article 2 For the purposes of this Directive:  (a)  ´´national type-approval'' means the administrative procedure known as:  - ´´agréation par type'' and ´´aanneming'', in Belgian law,  - ´´standardtypegodkendelse'', in Danish law,  - ´´allgemeine Betriebserlaubnis'', in German law,  - ´´egkrioh tzpoz'' in Greek law,  - ´´homologación de tipo'', in Spanish law,  - ´´réception par type'', in French law,  - ´´type-approval'', in Irish law,  - ´´omologazione'' or ´´approvazione del tipo'', in Italian law,  - ´´agréation'', in Luxembourg law,  - ´´typegoedkeuring'', in Dutch law,  - ´´aprovaçao de marca e modelo'', in Portuguese law,  - ´´type-approval'', in United Kingdom law;  (b)  ´´EEC type-approval of replacement exhaust systems or components thereof as separate technical units'' means the measure whereby a Member State established that a type of replacement exhaust system or type of component thereof meets the technical  requirements and successfully undergoes the checks set out in Annex II.' 2.  In the second subparagraph of Article 3 (1), the reference to Annex II is replaced by a reference to Annex III.  3.  The following Article is inserted:  ´Article 6a Articles 3 to 6 shall apply mutatis mutandis to the EEC type-approval of replacement exhaust systems or components thereof as separate technical units as defined in Article 2 (b).  In such cases, the model certificate referred to in Article 3 shall be replaced by the model EEC type-approval certificate set out in Annex IV and the modification of one of the components or characteristics mentioned in Annex I, section 1.1, as  referred to in Article 6, shall be replaced by the modification of one of the characteristics referred to in Annex I, section 1.3.' 4.  The Annexes are amended and supplemented in accordance with the Annex hereto.  Article 2 1.  As from 1 October 1989:  (a)  no Member State may, on grounds concerning the permissible sound level and the original equipment exhaust system, refuse national type-approval for a type of motorcycle or EEC type-approval or national type-approval for a type of replacement  exhaust system or type of component of such a system where such systems or components are regarded as separate technical units:  - if the motorcycle complies with the requirements of Annex I to Directive 78/1015/EEC, as amended by this Directive, regarding the sound level and original equipment exhaust system,  - if the replacement exhaust system or components thereof as separate technical units comply with the requirements of Annex II to Directive 78/1015/EEC, as amended by this Directive;  (b)  no Member State may, on grounds concerning the permissible sound level and the original equipment exhaust system, refuse or prohibit the sale, registration, putting into service or use of motorcycles, or refuse or prohibit the placing on the market  or use of replacement exhaust systems or components thereof as separate technical units:  - if the motorcycles comply with the requirements of Annex I to Directive 78/1015/EEC, as amended by this Directive, regarding the sound level and original equipment exhaust system,  - if the replacement exhaust systems or components thereof as separate technical units comply with the requirements of Annex II to Directive 78/1015/EEC, as amended by this Directive.  2.  As from 1 October 1990:  (a)  Member States may no longer issue the certificate provided for in Article 3 (1) of Directive 78/1015/EEC for a type of motorcycle regarding the permissible sound level and original equipment exhaust system, nor the certificate provided for mutatis  mutandis in that same paragraph of the Directive concerned, for a type of replacement exhaust system or component thereof as separate technical units, if they do not comply with the provisions of Directive 78/1015/EEC, as amended by this Directive;  (b)  - Member States may, on grounds concerning the permissible sound level and original equipment exhaust system, refuse national type-approval for a type of motorcycle or type of replacement exhaust system or type of component of such a system as  separate technical units, if they do not comply with the provisions of Directive 78/1015/EEC, as amended by this Directive,  - Member States may, on grounds concerning the permissible sound level and the original equipment exhaust system, refuse or prohibit the sale, registration, putting into service or use of motorcycles, or the placing on the market and use of replacement  exhaust systems or components thereof as separate technical units, if they do not comply with the provisions of Directive 78/1015/EEC, as amended by this Directive.  3.  As from 1 October 1991, Member States may prohibit the initial putting into service of motorcycles the sound level and original equipment exhaust system of which do not comply with the provisions of Annex I to Directive 78/1015/EEC, as amended by this Directive.  Article 3 By 1 October 1989, Member States shall adopt and publish the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.  They shall apply those provisions from 1 October 1989.  Article 4 This Directive is addressed to the Member States.   Done at Brussels, 13 March 1989.  For the Council The President P. SOLBES  (1) OJ No C 44, 17. 2. 1988, p. 5. (2) OJ No C 262, 10. 10. 1988, p. 86 and OJ No 47, 27. 2. 1989. (3) OJ No C 175, 4. 7. 1988, p. 8. (4) OJ No L 349, 13. 12. 1978, p. 21. (5) OJ No L 24, 27. 1. 1987, p. 42.   ANNEX  Annex I is amended as follows:  Sections 3.2 to 3.4.3 are replaced by the following:  ´3.2.  A diagram of the exhaust system must be attached to the certificate referred to in Annex III.  ´3.3.  Every silencer must bear markings and inscriptions that comply with point 3 of Annex II.  ´3.4.  Fibrous absorbent material must be asbestos-free and may be used in the construction of silencers only if suitable devices ensure that the fibrous absorbent material is kept in place for the whole time that the silencer is being used and it meets the  requirements of any one of sections 3.4.1, 3.4.2 or 3.4.3.  ´3.4.1.  After removal of the fibrous material, the sound level must comply with the requirements of 2.1.1.  ´3.4.2.  The fibrous absorbent material may not be placed in those parts of the silencer through which the exhaust gases pass and must comply with the following requirements.  ´3.4.2.1.  The material must be heated at a temperature of 650 ± 5 °C for four hours in a furnace without reduction in average length, diameter or bulk density of the fibre.  ´3.4.2.2.  After heating at 650 ± 5 °C for one hour in a furnace, at least 98 % of the material must be retained in a sieve of nominal aperture size 250 mm complying with ISO standard 3310/1 when tested in accordance with ISO standard 2599.  ´3.4.2.3.  The loss in weight of the material must not exceed 10,5 % after soaking for 24 hours at 90 ± 5 °C in a synthetic condensate of the following composition:  1 N hydrobromic acid (HBr): 10 ml 1 N sulphuric acid (H2SO4): 10 ml Distilled water to make up to 1 000 ml.  Note: The material must be washed in distilled water and dried for one hour at 105 °C before weighing.  ´3.4.3.  Before the system is tested in accordance with section 2.1 of this Annex, it must be put into a normal state for road use by one of the following conditioning methods:  ´3.4.3.1.  conditioning by continuous road operation ´3.4.3.1.1.  according to the classes of motorcycles, the minimum distances to be completed during conditioning are:  Class of motorcycle according to cylinder capacity in cm³ Distance (km) 1. 9  80  9 175 4 000 2. >  80 9 175 6 000 3. > 175   9 175 8 000  ´3.4.3.1.2.  50 % ± 10 % of this conditioning cycle consists of town driving and the remainder of long-distance runs at high speed; the continuous road cycle may be replaced by a corresponding test-track programme.  ´3.4.3.1.3.  The two speed regimes must be alternated at least six times.  ´3.4.3.1.4.  The complete test programme must include a minimum of 10 breaks of at least three hours' duration in order to reproduce the effects of cooling and condensation.  ´3.4.3.2.  Conditioning by pulsation ´3.4.3.2.1.  The exhaust system or components thereof must be fitted to the motorcycle or to the engine. In the former case, the motorcycle must be mounted on a roller dynamometer. In the second case, the engine must be mounted on a test bench.  The test apparatus, a detailed diagram of which is shown in Figure 1, is fitted at the outlet of the exhaust system. Any other apparatus providing equivalent results is acceptable.  ´3.4.3.2.2.  The test equipment must be adjusted so that the flow of exhaust gases is alternatively interrupted and restored 2 500 times by a rapid-action valve.  ´3.4.3.2.3.  The valve must open when the exhaust gas back-pressure, measured at least 100 mm downstream of the intake flange, reaches a value of between 0,35 and 0,40 bar. Should such a figure be unattainable because of the engine characteristics, the valve must  open when the gas back-pressure reaches a level equivalent to 90 % of the maximum that can be measured before the engine stops. It must close when this pressure does not differ by more than 10 % from its stabilized value with the valve open.  ´3.4.3.2.4.  The time-delay switch must be set for the duration of exhaust gases calculated on the basis of the requirements of 3.4.3.2.3.  ´3.4.3.2.5.  Engine speed must be 75 % of the speed (S) at which the engine develops maximum power.  ´3.4.3.2.6.  The power indicated by the dynamometer must be 50 % of the full-throttle power measured at 75 % of engine speed (S).  ´3.4.3.2.7.  Any drainage holes must be closed off during the test.  ´3.4.3.2.8.  The entire test must be completed within 48 hours. If necessary, a cooling period must be allowed after each hour.  ´3.4.3.3.  Conditioning on a test bench ´3.4.3.3.1.  The exhaust system must be fitted to an engine representative of the type fitted to the motorcycle for which the system is designed, and mounted on a test bench.  ´3.4.3.3.2.  Conditioning consists of the specified number of test bench cycles for the class of motorcycle for which the exhaust system was designed. The number of cycles for each class of motorcycle is:  Class of motorcycle according to cylinder capacity in cm³ Number of cycles 1. 9  80  9 175  6 2. >  80 9 175  9 3. > 175  9 175 12 ´3.4.3.3.3.  Each test-bench cycle must be followed by a break of at least six hours in order to reproduce the effects of cooling and condensation.  ´3.4.3.3.4.  Each test-bench cycle consists of six phases. The engine conditions for and the duration of each phase are:  Phase Conditions Duration of phase Engines of less than 175 cm³ Engines of not less than 175 cm³ (minutes) (minutes) 1 Idling  6,5 h  6,5 h 2  25 % load at  75 % S 40,5 h 50,5 h 3  50 % load at  75 % S 40,5 h 50,5 h 4 100 % load at  75 % S 30,5 h 10,5 h 5  50 % load at 100 % S 12,5 h 12,5 h 6  25 % load at 100 % S 22,5 h 22,5 h Total time   2,5 hours  2,5 hours ´3.4.3.3.5.  During this conditioning procedure, at the request of the manufacturer, the engine and the silencer may be cooled in order that the temperature recorded at a point not more than 100 mm from the exhaust gas outlet does not exceed that measured when the  motorcycle is running at 110 km/h or 75 % S in top gear. The engine and/or motorcycle speeds are determined to within ± 3 %.  ´3.4.3.3.5.   1. Inlet flange or sleeve for connection to the rear of the test exhaust system.   2. Hand-operated regulating valve.   3. Compensating reservoir with a maximum capacity of 40 l and a filling time of not less that 1 second.   4. Pressure switch with an operating range of 0,05 to 2,5 bar.   5. Time delay switch.   6. Pulse counter.   7. Quick-acting valve, such as exhaust brake valve 60 mm in diameter, operated by a pneumatic cylinder with an output of 120 N at 4 bar. The response time, both when opening and closing, must not exceed 0,5 second.   8. Exhaust gas evaluation.   9. Flexible pipe.  10. Pressure gauge.' The following new Annex II is inserted after Annex I:  ´ANNEX II  EEC TYPE-APPROVAL OF REPLACEMENT EXHAUST SYSTEMS OR COMPONENTS THEREOF AS SEPARATE TECHNICAL UNITS 0.  SCOPE This Annex applies to the EEC type-approval, as separate technical units within the meaning of Article 2 (b) of the Directive, of exhaust systems or components thereof intended to be fitted to one or more types of motorcycle as replacement parts.  1.  DEFINITION 1.1.  ´´Replacement exhaust system (silencer) or component thereof'' means any exhaust system component as defined in section 1.2 of Annex I intended to be fitted to a motorcycle to replace that of the type fitted to the motorcycle when the certificate  provided for in Article 3 was issued.  2.  APPLICATION FOR EEC TYPE-APPROVAL 2.1.  Applications for the EEC type-approval of replacement exhaust systems or components thereof as separate technical units are submitted by the manufacturer of the device or by his authorized representative.  2.2.  For each type of replacement exhaust system (silencer) or component thereof for which EEC type-approval is requested, the application for type-approval must be accompanied by the following documents in triplicate, and by the following particulars:  2.2.1.  - description, in respect of the characteristics referred to in section 1.1 of Annex I, of the type(s) of motorcycle for which the device(s) or components(s) is/are intended.  The numbers and/or symbols specific to the type of engine and motorcycle must be given,  2.2.2.  - description of the replacement exhaust system stating the relative position of each of its components, together with the fitting instructions,  2.2.3.  - drawings of each component in order to ease their location and identification, and statement of materials used. These drawings must also indicate the intended location of the mandatory EEC type-approval number.  2.3.  The applicant must submit, at the request of the technical authority:  2.3.1.  - two samples of the device for which EEC type-approval is requested,  2.3.2.  - an exhaust system conforming to that originally fitted to the motorcycle when the certificate provided for in Article 3 was issued,  2.3.3.  - a motorcycle representative of the type to which the exhaust system is to be fitted, supplied in such a condition that, when fitted with a silencer of the same type as was originally fitted, it meets the requirements of either of the following two  sections:  2.3.3.1.  if of a type which has been granted type-approval pursuant to Directive 78/1015/EEC:  - during the test in motion, it does not exceed by more than 1 dB(A) the limit value laid down in section 2.1.1.1 of Annex I applicable to that type of motorcycle when it was type-approved, nor exceeds by more than 3 dB(A) the value obtained when the  certificate stipulated in Article 3 (1) was issued,  - during the stationary test, it does not exceed by more than 3 dB(A) the value obtained when the certificate stipulated in Article 3 (1) was issued;  2.3.3.2.  if not of a type which has been granted type-approval, it does not exceed by more than 1 dB(A) the limit value laid down in section 2.1.1.1 of Annex I which would have applied to that type of motorcycle when it was first put into service;  2.3.4.  - a separate engine identical to that fitted to the motorcycle referred to above, where the competent authorities consider it necessary.  3.  MARKINGS AND INSCRIPTIONS 3.1.  The replacement exhaust system or components thereof, but not the mounting parts and pipes, must bear:  3.1.1.  - the trade name or mark of the manufacturer of the exhaust system and its components,  3.1.2.  - the trade name given by the manufacturer,  3.1.3.  - the EEC type-approval number composed of a rectangle surrounding the letter ´´e'' followed by the distinguishing number or letters of the Member State which issued thetype-approval: 1 for Germany,  2 for France,  3 for Italy,  4 for the Netherlands,  6 for Belgium,  9 for Spain,  11 for the United Kingdom,  13 for Luxembourg,  18 for Denmark,  21 for Portugal,  EL for Greece,  IRL for Ireland.  It must also include an EEC type-approval number corresponding to the number of the EEC type-approval certificate issued for the type of exhaust system in question.  Graphics: The exhaust system or component thereof bearing the EEC type-approved mark shown above is a system or component type-approval in Spain (e 9) under the number 007.  3.2.  The marks referred to in 3.1.1 and 3.1.3 and the name referred to in 3.1.2 must be indelible and clearly legible even when the exhaust system is fitted to the motorcycle.  3.3.  A component may bear several type-approval numbers if it has been type-approved as a component of several replacement exhaust systems.  3.4.  The replacement exhaust system must be supplied with packaging or labelling bearing the following:  3.4.1.  the trade name or mark of the manufacturer of the replacement silencer and its components;  3.4.2.  the address of the manufacturer or his authorized representative;  3.4.3.  a list of the motorcycle models to which the replacement silencer is intended to be fitted.  3.5.  The manufacturer must supply the following:  3.5.1.  instructions describing in detail the correct methods of fitting to the motorcycle;  3.5.2.  instructions on how the silencer should be maintained;  3.5.3.  a list of component parts with the corresponding part numbers, excluding mounting parts.  4.  EEC TYPE-APPROVAL 4.1.  Where an application within the meaning of 2.1 is accepted, the competent authority prepares a certificate corresponding to the model shown in Annex IV. The type-approval number must be preceded by a rectangle surrounding the letter ´´e'' followed by  the distinguishing number or letters of the Member State which issued or refused the EEC type-approval.  5.  SPECIFICATIONS 5.1.  General specifications The silencer must be designed, constructed and capable of being mounted so that:  5.1.1.  - the motorcycle complies with the requirements of the Directive under normal conditions of use, and in particular regardless of any vibrations to which it may be subjected;  5.1.2.  - it displays reasonable resistance to the corrosion phenomena to which it is exposed, with due regard to the normal conditions of use of the motorcycle,  5.1.3.  - the ground clearance provided by the silencer originally fitted, and the possible inclined position of the motorcycle, are not reduced,  5.1.4.  - unduly high temperatures do not exist at the surface,  5.1.5.  - its edges are not sharp or jagged,  5.1.6.  - adequate clearance of spring parts is provided,  5.1.7.  - adequate safety clearance of pipes is provided,  5.1.8.  - it is tamper-resistant in a way that is compatible with clearly-defined maintenance and installation requirements.  5.2.  Specifications for sound levels 5.2.1.  The acoustic efficiency of the replacement exhaust system or component thereof is checked in accordance with the methods described in sections 2.1.2, 2.1.3, 2.1.4 and 2.1.5 of Annex I.  If the replacement exhaust system or component thereof is fitted to the motorcycle referred to in section 2.3.3 of this Annex, the sound level values obtained must meet the following conditions:  5.2.1.1.  it does not exceed the sound level values measured, in accordance with the provisions of 2.3.3, with the same motorcycle fitted with the original equipment silencer both during the test in motion and during the stationary test.  5.3.  Checking of motorcycle performance 5.3.1.  The replacement silencer must be such as to ensure that motorcycle performance is comparable to that achieved with the originally fitted silencer or component thereof.  5.3.2.  The replacement silencer must be compared with an originally fitted silencer, also in new condition, fitted in turn to the motorcycle referred to in 2.3.3.  5.3.3.  This check is carried out by measuring the engine power curve. The maximum power and the maximum power speed measured with the replacement silencer must not exceed the maximum power and maximum power speed measured under the same conditions with the  original equipment exhaust system by more than 5 %.  Additional provisions relating to silencers as separate technical units containing fibrous material Fibrous material may not be used in the construction of these silencers unless the requirements set out in section 3.4 of Annex I are met.  6.  CONFORMITY OF PRODUCTION 6.1.  All silencers bearing the EEC type-approval mark in pursuance of the Directive must conform to the silencer type that has been approved and meet the requirements of section 5.  6.2.  In order to check the conformity required in 6.1, a sample silencer bearing the EEC type-approval mark is taken from the production run. The production run is considered to comply with the provisions of the Directive if the sound levels measured in  accordance with 5.2 do not exceed by more than 1 dB(A) the level measured during the EEC type-approval of that type of silencer.'  The following new Annex III is substituted for the former Annex II:  ´ANNEX III  MODEL Name of administration  SOUND LEVEL MEASUREMENT CERTIFICATE - MOTORCYCLE (in accordance with Council Directive 78/1015/EEC of 23 November 1978 on the approximation of the laws of the Member States on the permissible sound level and exhaust system of motorcycles) Drawn up on the basis of:    Report No . . . . . . of the technical service . . . . . . . . . . . . . . . . . . . . . . . . . Date .   1.  Motorcycle:  1.1.  Manufacturer:  1.1.1.  Authorized agent:  1.2.  Type:  1.3.  Model:  1.3.1.  Version:  1.4.  Frame No:  2.  Engine:  2.1.  Manufacturer:  2.2.  Type:  2.3.  Model:  2.4.  Maximum output (indicate standard used): . . . (kW) at . . . r/min 2.5.  Maximum design speed:   Exhaust silencer:  Manufacturer or authorized agent:  3.  Gears:  non-automatic gearbox/automatic gearbox (¹) 4.  Fitted with:  4.1.  Exhaust silencer:  Manufacturer or authorized agent:  Model:  Type:  According to drawing No:  EEC type-approval number:  4.2.  Intake silencer:  Manufacturer:  Model:  Type:  According to drawing No:  EEC type-approval number:  4.3.  Type size (¹) Delete whichever is inapplicable.  5.  Measurements:  5.1.  Sound level of motorcycle in motion:    Measurement results left dB(A) (¹) right dB(A) (¹) Position of gear change First measurement Second measurement Third measurement Fourth measurement Test result:  dB(A)/E (³)   5.2.  Sound level of stationary motorcycle:    dB(A) Test engine speed r/min Test conditions (²) First measurement Second measurement Third measurement Test result:   dB(A)/E (³) n = S - 2 n = 3 - 4 S  6.  The type of motorcycle conforms/does not conform (1) with the requirements of Council Directive 78/1015/EEC.  7.  Place:  8.  Date:  9.  Signature:  (2) The values indicated are the measurements obtained minus 1 dB(A).  (3) Delete whichever is inapplicable.  (4) ´´E'' indicates that measurements have been taken in accordance with Directive 78/1015/EEC.'  The following new Annex IV is inserted after Annex III:  ´ANNEX IV  MODEL Maximum size: A4 (210×297 mm)   Name of administration  EEC TYPE-APPROVAL CERTIFICATE FOR A MOTORCYCLE REPLACEMENT EXHAUST SYSTEM OR COMPONENT(S) THEREOF AS SEPARATE TECHNICAL UNIT(S) Technical unit: exhaust system EEC type-approval number of the technical unit (¹): i.   1.  Trade name or mark: i.   2.  Type: i.  (¹) Preceded by the rectangle surrounding the letter ´´e'' followed by the distinguishing number or letters of the Member State which issued or refused the EEC type-approval.   3.  Manufacturer's name and address: i.  i.   4.  Where applicable, name and address of the manufacturer's authorized representative: i.  i.   5.  Composition of the technical unit: i.  i.   6.  Trade name or mark of the type(s) of motorcycle to which the silencer is to be fitted (¹): i.   7.  Type(s) of motorcycle ranging from serial No: i.  to serial No: i.   8.  Engine:   8.1.  Cycle: two-stroke, four-stroke (²): i.   8.2.  Total cylinder capacity: i.   8.3.  Maximum engine power (indicate the standard used):  . . . . . . . . . . kW at . . . . . . . . . . . rev/min.    9.  Number of gear ratios: i.  10.  Gear ratios employed: i.  11.  Final drive ratio(s): i. 12.  Sound-level values:  - moving motorcycle . . . . . . . . . . . . . . . . . . . . . . . . dB(A), speed stabilized before acceleration at . . . . . . . . . . . . . km/h,   - stationary motorcycle . . . . . . . . . . . . . dB(A) at . . . . . . . . . . . . . rev/min.  13.  Any restrictions in respect of use and fitting requirements: i.  i.  14.  Date on which the replacement exhaust system or component(s) thereof was submitted for EEC type-approval as a separate technical unit: i.  15.  Technical service: i.  16.  Date of the test report issued by that technical service: i.  17.  Number of test report issued by that technical service: i.  18.  EEC type-approval of the technical unit is hereby granted/refused (²):  19.  Place: i.  20.  Date: i.  21.  Signature: i.  22.  The following documents bearing the abovementioned EEC type-approval mark of the technical unit are attached to this communication (to be completed if necessary): i.  i.  23.  Remarks: i.  i.  (¹) If several types are indicated, sections 7 to 14 inclusive must be completed in respect of each type.  (²) Delete where inapplicable.'


Avis juridique important

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31975L0322

Council Directive 75/322/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to the suppression of radio interference produced by spark-ignition engines fitted to wheeled agricultural or forestry tractors

Official Journal L 147 , 09/06/1975 P. 0028 - 0037 Finnish special edition: Chapter 13 Volume 4 P. 0113  Greek special edition: Chapter 13 Volume 3 P. 0080  Swedish special edition: Chapter 13 Volume 4 P. 0113  Spanish special edition: Chapter 13 Volume 4 P. 0107  Portuguese special edition Chapter 13 Volume 4 P. 0107

COUNCIL DIRECTIVE  of 20 May 1975  on the approximation of the laws of the Member States relating to the suppression of radio interference produced by spark-ignition engines fitted to wheeled agricultural or forestry tractors  (75/322/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas the technical requirements with which tractors must comply pursuant to national laws relate, inter alia, to the suppression of radio interference;  Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in particular to allow the EEC type approval procedure which was the subject of Council Directive 74/150/EEC (3) of 4 March 1974 on the approximation of the laws of the Member States relating to the type approval of wheeled agricultural or forestry tractors to be applied in respect of each type of tractor,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. "Agricultural or forestry tractor" means any motor vehicle fitted with wheels or caterpillar tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.  2. This Directive shall apply only to tractors defined in the preceding paragraph, fitted with pneumatic tyres, and which have two axles and a maximum design speed of between 6 and 25 km/h and a spark-ignition engine.   Article 2 No Member State may refuse to grant EEC type approval or national type approval of a tractor on grounds relating to the radio interference produced by the spark-ignition system of its propulsion engine if such tractors are fitted with interference suppression equipment meeting the requirements of the Annexes.   Article 3 No Member State may refuse the registration or prohibit the sale, entry into service or use of a tractor on grounds relating to the radio interference produced by the spark-ignition system of its propulsion engine if such tractors are fitted with interference suppression equipment meeting the requirements of the Annexes.   Article 4 A Member State which has granted type approval shall take the necessary measures to be informed of any modification of a part or characteristic referred to in 2.2 - Annex I. The competent authorities of that State shall determine whether fresh tests should be carried out on the modified type of the tractor and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.  (1)OJ No C 160, 18.12.1969, p. 29. (2)OJ No C 48, 16.4.1969, p. 21. (3)OJ No L 84, 28.3.1974, p. 10.    Article 5 The amendments necessary for adapting the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.   Article 6 1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 7 This Directive is addressed to the Member States.     Done at Brussels, 20 May 1975.  For the Council  The President  R. RYAN     ANNEX I (1) DEFINITIONS, APPLICATION FOR EEC TYPE APPROVAL, MARKINGS, EEC TYPE APPROVAL, SPECIFICATIONS, TESTS, CONFORMITY OF PRODUCTION    (1.)  2. DEFINITIONS For the purposes of this Directive,  (2.1.)   2.2.  "Tractor type as regards radio interference suppression" means tractors which do not differ in such essential respects as:    2.2.1. The shapes and constituent materials of the part of the body forming the engine compartment and the part of the passenger compartment nearest to it.       2.2.2. The type of engine (whether two- or four-stroke, number and capacity of cylinders, number of carburettors, arrangement of valves, maximum power and corresponding r.p.m.).       2.2.3 The position or model of the ignition circuit components (coil, distributor, sparking plugs, screening, etc.).       2.2.4. The position of metal components housed in the engine compartment (e.g. heating appliances, spare wheel, air filter, etc.).         2.3. "Limitation of radio interference" means a reduction of radio interference in the sound-broadcasting and television frequency bands to a level such that there is no appreciable interference with the functioning of receivers not carried on the vehicle itself ; this condition is fulfilled if the level of interference remains below the limits laid down in 6.2.2 below;  2.4. "Radio interference suppression equipment" means a complete set of components necessary for limiting radio interference from the ignition system of a tractor. Radio interference suppression equipment also includes earthing strips and screening components incorporated specially for radio interference suppression;  2.5. "Suppression equipment of different types" means sets of equipment which differ in such essential respects as:    2.5.1. That their components bear different trade names or marks.       2.5.2. That the "high-frequency" characteristics of a component are different or their components differ in shape or size.       2.5.3. That the operating principles of at least one component are different.       2.5.4. That their components are assembled differently.    (1)The text of the Annexes corresponds to that of Council Directive 72/245/EEC of 20 June 1972 on the approximation of the laws of the Member States relating to the suppression of radio interference produced by spark-ignition engines fitted to motor vehicles (OJ No L 152,6.7.1972, p. 15).    2.6. "Suppression equipment component" means one of the individual constituent parts of the suppression equipment.    3. APPLICATION FOR EEC TYPE APPROVAL    3.1. The application for EEC type approval of a tractor type with regard to radio interference suppression shall be submitted by the vehicle manufacturer or by his authorized representative.       3.2. It shall be accompanied by the following documents in triplicate and by the following particulars:      3.2.1. A description of the tractor type with regard to the items mentioned in 2.2 above, accompanied by an exploded view or a photograph of the engine compartment. The numbers and/or symbols identifying the engine type and the tractor type shall be shown.           3.2.2. A list of the components, duly identified, constituting the radio interference suppression equipment.           3.2.3. Detailed drawings of each component to enable it to be easily located and identified.           3.2.4. Particulars of the nominal value of the direct-current resistances, and, in the case of resistive ignition cables, of their nominal resistance per metre.                  3.3. In addition, the application for EEC type approval shall be accompanied by a sample of the radio interference suppression equipment.       3.4. A vehicle representative of the tractor type to be approved shall be submitted to the technical service responsible for the type approval tests.          4. MARKINGS    4.1. The radio interference suppression equipment components shall bear:      4.1.1. The trade name or mark of the manufacturers of the equipment and its components.           4.1.2. The trade description given by the manufacturer.                  4.2. The markings shall be repeated on the radio interference suppression cables at intervals of not more than twelve centimetres.       4.3. These markings shall be clearly legible and indelible.            5.TYPE APPROVAL   (5.1.)   (5.2.)   5.3. A form conforming to the model in Annex IV shall be attached to the EEC type approval certificate.   (5.4.)   (5.5.)    (5.6.)       6.SPECIFICATIONS     6.1. General specifications  The components of the radio interference suppression equipment shall be so designed, constructed and fitted as to enable the tractor, in normal conditions of use, to comply with the requirements of this Directive.       6.2. Specifications concerning radio interference     6.2.1. Method of measurement  The interfering radiation set up by the tractor type submitted for approval shall be measured by the method described in Annex II.       6.2.2. Reference limits      6.2.2.1. The radiation limits based on quasi-peak measurements shall be 50 ¶V/m in the 40-75 MHz frequency band and 50-120 ¶/Vm in the 75-250 MHz frequency band, this limit increasing linearly with frequencies above 75 MHz.           6.2.2.2. If measurements are made with peak measuring equipment, the readings, expressed in ¶/Vm, shall be divided by 10.                  6.2.3. On the tractor type submitted for approval in respect of radio interference suppression, the measured values shall be not less than 20 per cent below the reference limits.    7. TESTS   Compliance with the requirements of section 6 above shall be checked in accordance with the method shown in Annex II.    (8.)    9. CONFORMITY OF PRODUCTION   (9.1.)  9.2.When the conformity of a tractor taken from the series is being verified, production shall be deemed to conform to the requirements of this Directive if the levels measured do not exceed by more than 25 % the limits prescribed in 6.2.2.   9.3.If at least one of the levels measured on the tractor taken from the series exceeds the limits prescribed in 6.2.2. by more than 25 %, the manufacturer may request that measurements be made on a sample of at least six tractors taken from the series. The results for each frequency band shall be interpreted by the statistical method shown in Annex III.  (10.)   (11.)        ANNEX II METHOD OF MEASUREMENT OF RADIO INTERFERENCE PRODUCED BY HIGH-VOLTAGE IGNITION SYSTEMS    1. MEASURING APPARATUS  The measuring equipment shall comply with the requirements of Publication No 2 (first edition, 1961) of the International Special Committee on Radio Interference (CISPR) or with the specifications applicable to peak type measuring apparatus given in CISPR Publication No 5 (first edition, 1967).  Note:  Where the available equipment does not fully meet all the CISPR specifications, discrepancies must be clearly stated.       2. EXPRESSION OF RESULTS  The results of measurements must be expressed in ¶V/m for 120 kHz bandwidth. For statistical purposes, the logarithmic unit dB (¶V/m) shall be used. If for certain frequencies the actual bandwidth B (expressed in kHz) of the measuring apparatus differs slightly from 120 kHz, the readings taken should be converted to 120 kHz bandwidth through multiplication >PIC FILE= "T0006923">        3. MEASURING SITE  The measuring site shall be a level area free from appreciable wave-reflecting surfaces within an ellipse having a major axis of 20 m and a minor axis of 17 73 m. The antenna and the centre of the engine must be located on the major axis of the ellipse, the plane of symmetry of the tractor being parallel to the minor axis. The antenna and the point of intersection of the side of the engine nearest to the antenna with the major axis must each be located at a focal point of the ellipse. The measuring set, or the test hut or vehicle in which the set is located, may be within the ellipse but horizontally not closer than 3 m to the antenna, in a direction opposite to the tractor being measured. Furthermore, the absence of any extraneous or signal which could materially affect the measurement must be ensured ; a check is therefore made, with the engine stopped, before and after taking the measurements, which can be considered satisfactory only if the readings are at least 10 dB above the highest obtained at the pre- and post-measurement checks.       4. TRACTOR      4.1. Only the ancillary electrical equipment necessary for the running of the engine shall be operating.           4.2. The engine shall be at its normal operating temperature. During each measurement, the engine shall be operated as follows: >PIC FILE= "T0006891">            4.3. Measurements shall not be made while rain is falling on the vehicle or within 10 minutes after rain has stopped.                   5. ANTENNA      5.1. Height  The centre of the dipole shall be 3 m above the ground.           5.2. Distance of measurement  The horizontal distance from the antenna to the nearest metal part of the tractor shall be 10 m.           5.3. Antenna location relative to tractor  The antenna shall be placed successively on the left- and right-hand sides of the tractor at two positions of measurement, with the aerial parallel to the plane of symmetry of the tractor and in line with the engine. (See Appendix to this Annex).           5.4. Antenna position  At each of the measuring points, readings shall be taken with the dipole in a horizontal and in a vertical position. (See Appendix to this Annex).           5.5.Readings  The maximum of four readings shall be taken as the characteristic reading at the frequency at which the measurements were made.   6.FREQUENCIES   Measurements shall be made within the 40 to 250 MHz range. A tractor is considered as very likely to meet the required suppression limits over the whole frequency range if it meets them at the following six frequencies : 45, 65, 90, 150, 180 and 220 (± 5 MHz) (The 5 MHz tolerance for the six frequencies chosen should make it possible to avoid interference from transmissions operating on the nominal frequencies).     Appendix  ANTENNA DIRECTION RELATIVE TO TRACTOR Example >PIC FILE= "T0006893">   Plan   Dipole antenna in position to measure horizontal component of the radiation  >PIC FILE= "T0006894">    Elevation   Dipole antenna in position to measure horizontal component of the radiation      ANNEX III STATISTICAL METHOD OF CHECKING RADIO INTERFERENCE SUPPRESSION  In order to ensure with an 80 % probability that 80 % of the vehicles conform to a specified limit L, the following condition must be satisfied: >PIC FILE= "T0006895">   If a first sample of n tractors does not meet the specification, a second sample of n tractors shall be tested and the overall results assessed as coming from a sample of 2n tractors.    ANNEX IV >PIC FILE= "T0006896">


Avis juridique important

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32003L0031

Commission Directive 2003/31/EC of 11 April 2003 amending Council Directive 91/414/EEC to include 2,4-DB, beta-cyfluthrin, cyfluthrin, iprodione, linuron, maleic hydrazide and pendimethalin as active substances (Text with EEA relevance)

Official Journal L 101 , 23/04/2003 P. 0003 - 0009

Commission Directive 2003/31/ECof 11 April 2003amending Council Directive 91/414/EEC to include 2,4-DB, beta-cyfluthrin, cyfluthrin, iprodione, linuron, maleic hydrazide and pendimethalin as active substances(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1), as last amended by Commission Directive 2003/23/EC(2), and in particular Article 6(1) thereof,Whereas:(1) Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market(3), as last amended by Regulation (EC) No 2266/2000(4), establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes 2,4-DB, beta-cyfluthrin, cyfluthrin, iprodione, linuron, maleic hydrazide and pendimethalin.(2) For these active substances the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulation (EEC) No 3600/92 for a range of uses proposed by the notifiers. By Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant protection products and designating the rapporteur Member State for the implementation of Commission Regulation (EEC) No 3600/92(5), as last amended by Regulation (EC) No 2230/95(6), the following rapporteur Member States were designated and submitted the relevant assessment reports and recommendations to the Commission in accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92: 2,4-DB: rapporteur Member State Greece, all relevant information was submitted on 30 April 1996; beta-cyfluthrin: rapporteur Member State Germany, all relevant information was submitted on 4 November 1996; cyfluthrin: rapporteur Member State Germany, all relevant information was submitted on 4 November 1996; iprodione: rapporteur Member State France, all relevant information was submitted on 18 July 1996; linuron: rapporteur Member State United Kingdom, all relevant information was submitted on 31 October 1996; maleic hydrazide: rapporteur Member State Denmark, all relevant information was submitted on 5 September 1997; pendimethalin: rapporteur Member State Spain, all relevant information was submitted on 20 May 1998.(3) These assessment reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health.(4) In accordance with Article 6(4) of Directive 91/414/EEC and in view of a possible unfavourable decision for 2,4-DB and for pendimethalin the Commission organised tripartite meetings with the main data submitter and the rapporteur Member State on 7 May 1998 and on 4 June 1999. For both substances the main data submitter provided further data in order to meet the initial concerns.(5) The reviews of all active substances were finalised on 3 December 2002 in the format of the Commission review report for 2,4-DB, beta-cyfluthrin, cyfluthrin, iprodione, linuron, maleic hydrazide and pendimethalin.(6) The reviews of 2,4-DB, linuron, maleic hydrazide and pendimethalin did not reveal any open questions or concerns, which would have required a consultation of the Scientific Committee on Plants.(7) The report on beta-cyfluthrin and on cyfluthrin and further information concerning both substances were also submitted to the Scientific Committee on Plants for separate consultations. The Committee was asked to comment on the appropriate dietary risk assessment to be used and to confirm that the available ecotoxicological data supports uses only in glasshouses and for seed treatment. In its opinions(7)(8), the Committee suggested that in addition to a long-term dietary intake risk assessment, as routinely carried out for plant protection products, beta-cyfluthrin and cyfluthrin should also undergo a short-term acute dietary risk assessment to evaluate their potential neurotoxicity properties. The Committee confirmed that uses as seed dressing and in greenhouses (except where beneficial arthropods are used) can be considered safe for non-target terrestrial and aquatic organisms, due to the specific circumstances of these applications and the immobility of beta-cyfluthrin and cyfluthrin in soil. The Committee furthermore supports the conclusions reached during the evaluation by the Member States that field spray applications of beta-cyfluthrin and cyfluthrin have not shown to be sufficiently safe under the criteria required by Annex VI to Directive 91/414/EEC. Following the opinion of the Scientific Committee on Plants the short term dietary risk assessment was subsequently provided and discussed with the Member States. It was concluded that the short-term intake of residues is not likely to exceed acceptable limits.(8) The report on iprodione and further information were also submitted to the Scientific Committee on Plants for separate consultation. The Scientific Committee was asked to comment on the predicted environmental concentrations in soil and groundwater, and on the acceptable operator exposure level proposed by the rapporteur. In its opinion(9), the Committee agreed that sufficient information was available to reliably estimate the leaching behaviour of the substance for soils with pH above 6. However, the assessment of leaching in soils with pH below 6 deserves further attention, since, for soils with pH below 6, leaching at concentration levels exceeding 0,1 μg/l may occur in some realistic vulnerable situations. The Committee saw no need to use an additional safety factor for the derivation of the acceptable operator exposure level. The observations of the Scientific Committee were taken into account in this Directive and the review report.(9) It has appeared from the various examinations made that plant protection products containing 2,4-DB, beta-cyfluthrin, cyfluthrin, iprodione, linuron, maleic hydrazide or pendimethalin may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisation of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive.(10) The Commission review report is required for the proper implementation by the Member States, of several sections of the uniform principles laid down in Directive 91/414/EEC. It is, therefore, appropriate to provide that the finalised review report, except for confidential information, should be kept available or made available by the Member States for consultation by any interested parties.(11) A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.(12) After inclusion, Member States should be allowed a reasonable period within which to implement the provisions of Directive 91/414/EEC as regards plant protection products containing 2,4-DB, beta-cyfluthrin, cyfluthrin, iprodione, linuron, maleic hydrazide or pendimethalin, and in particular, to review existing authorisations to ensure that the conditions regarding those active substances set out in Annex I to Directive 91/414/EEC are satisfied. A longer period should be provided for the submission and assessment of the complete dossier of each plant protection product in accordance with the uniform principles laid down in Directive 91/414/EEC.(13) It is therefore appropriate to amend Directive 91/414/EEC accordingly.(14) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.Article 2Member States shall adopt and publish by 30 June 2004 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 July 2004.When Member States adopt this provision, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 31. Member States shall review the authorisation for each plant protection product containing 2,4-DB, beta-cyfluthrin, cyfluthrin, iprodione, linuron, maleic hydrazide or pendimethalin to ensure that the conditions relating to this active substance set out in Annex I to Directive 91/414/EEC are complied with. Where necessary and by 30 June 2004 at the latest, they shall amend or withdraw the authorisation.2. Member States shall, for each authorised plant protection product containing 2,4-DB, beta-cyfluthrin, cyfluthrin, iprodione, linuron, maleic hydrazide or pendimethalin as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 December 2003 at the latest, re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC. Where necessary and by 31 December 2007 at the latest, they shall amend or withdraw the authorisation.Article 4This Directive shall enter into force on 1 January 2004.Article 5This Directive is addressed to the Member States.Done at Brussels, 11 April 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 230, 19.8.1991, p. 1.(2) OJ L 81, 28.3.2003, p. 39.(3) OJ L 366, 15.12.1992, p. 10.(4) OJ L 259, 13.10.2000, p. 27.(5) OJ L 107, 28.4.1994, p. 8.(6) OJ L 225, 22.9.1995, p. 1.(7) Opinion of the Scientific Committee on Plants regarding the inclusion of beta-cyfluthrin in Annex I to Council Directive 91/414/EEC concerning the placing of plant protection products on the market. (Opinion expressed by the Scientific Committee on Plants, 28 January 2000).(8) Opinion of the scientific Committee on Plants regarding the inclusion of cyfluthrin in Annex I to Council Directive 91/414/EEC concerning the placing of plant protection products on the market. (Opinion expressed by the Scientific Committee on Plants, 28 January 2000).(9) Opinion of the Scientific Committee on Plants on specific questions from the Commission concerning the evaluation of iprodione in the context of Council Directive 91/414/EEC. SCP/IPRODIO/002-final adopted 31 January 2002.ANNEXThe following entries shall be added at the end of the table in Annex I to Directive 91/414/EC">TABLE>"(1) Further details on identity and specification of active substance are provided in the review report.(2) OJ L 33, 8.2.1979, p. 36.(3) OJ L 296, 27.10.1990 p. 63.


Important legal notice

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31994L0069

Commission Directive 94/69/EC of 19 December 1994 adapting to technical progress for the twenty-first time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substancesSVolume I and Volume IIS(Annex I: Nos 006-001-00-2 to 650-015-00-7 and Annex II: Nos 006- 076-00-1 to 649-550-00-9)

Official Journal L 381 , 31/12/1994 P. 0001 - 1485 Finnish special edition: Chapter 13 Volume 28 P. 0003  Swedish special edition: Chapter 13 Volume 28 P. 0003  CS.ES Chapter 13 Volume 14 P. 3  ET.ES Chapter 13 Volume 14 P. 3  HU.ES Chapter 13 Volume 14 P. 3  LT.ES Chapter 13 Volume 14 P. 3  LV.ES Chapter 13 Volume 14 P. 3  MT.ES Chapter 13 Volume 014 P. 3  PL.ES Chapter 13 Volume 14 P. 3  SK.ES Chapter 13 Volume 14 P. 3  SL.ES Chapter 13 Volume 14 P. 3

COMMISSION DIRECTIVE 94/69/EC of 19 December 1994 adapting to technical  progress for the twenty-first time Council Directive 67/548/EEC on the approximation of laws,  regulations and administrative provisions relating to the classification, packaging and labelling  of dangerous substancesTHE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws,  regulations and administrative provisions relating to the classification, packaging and labelling  of dangerous substances  (1), as last amended by Commission Directive 93/101/EC  (2), and in  particular Article 28 thereof, Whereas Annex I of Directive 67/548/EEC contains a list of dangerous substances, together with  particulars of the classification and labelling procedures in respect of each substance; Whereas present scientific and technical knowledge has shown that the list of dangerous substances  in Annex I should be adapted and augmented, particularly to include a number of complex coal- and  oil-derived substances, and whereas in consequence it is necessary to amend the Foreword to Annex I  to include notas and particulars relating to the identification and labelling of complex coal- and  oil-derived substances and corresponding preparations; Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the  Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to  Trade in Dangerous Substances and Preparations, HAS ADOPTED THIS DIRECTIVE: Article 1 Annex I of Directive 67/548/EEC is hereby amended as follows: 1.  the foreword in Annex I to this Directive replaces the foreword to Annex I; 2.  the entries in Annex I to this Directive replace the corresponding entries in Annex I of  Directive 67/548/EEC; 3.  the entries in Annex II to this Directive are included for the first time in Annex I of  Directive 67/548/EEC. Article 2 Not later than 1 September 1996, the Member States shall implement the laws,  regulations and administrative provisions necessary to comply with this Directive. Member States  shall immediately inform the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this Directive or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference shall be adopted by Member States. Article 3 This Directive shall enter into force on the third day following its publication in the  Official Journal of the European Communities. Done at Brussels, 19 December 1994. For the Commission Yannis PALEOKRASSAS Member of the Commission >TABLE>


Important legal notice

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31979L0489

Commission Directive 79/489/EEC of 18 April 1979 adapting to technical progress Council Directive 71/320/EEC on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers

Official Journal L 128 , 26/05/1979 P. 0012 - 0021 Finnish special edition: Chapter 13 Volume 9 P. 0241  Greek special edition: Chapter 13 Volume 8 P. 0123  Swedish special edition: Chapter 13 Volume 9 P. 0241  Spanish special edition: Chapter 13 Volume 10 P. 0084  Portuguese special edition Chapter 13 Volume 10 P. 0084  Special edition in Czech Chapter 13 Volume 005 P. 293  - 302 Special edition in Estonian Chapter 13 Volume 005 P. 293  - 302 Special edition in Hungarian Chapter 13 Volume 005 P. 293  - 302 Special edition in Lithuanian Chapter 13 Volume 005 P. 293  - 302 Special edition in Latvian Chapter 13 Volume 005 P. 293  - 302 Special edition in Maltese Chapter 13 Volume 005 P. 293  - 302 Special edition in Polish Chapter 13 Volume 005 P. 293  - 302 Special edition in Slovakian Chapter 13 Volume 005 P. 293  - 302 Special edition in Slovenian Chapter 13 Volume 005 P. 293  - 302

		Commission Directiveof 18 April 1979adapting to technical progress Council Directive 71/320/EEC on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers(79/489/EEC)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 78/547/EEC [2], and in particular Articles 11, 12 and 13 thereof,Having regard to Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers [3], as last amended by Commission Directive 75/524/EEC [4],Whereas, in view of experience gained and of the state of the art, it is now possible to make requirements more stringent and to match them more closely to actual test conditions;Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives Aimed at the Removal of Technical Barriers to Trade in the Motor Vehicle Sector,HAS ADOPTED THIS DIRECTIVE:Article 11. Annexes I, II, III, IV, V, VI and IX to Directive 71/320/EEC are hereby amended in accordance with the Annex to this Directive.2. Pending the entry into force of special provisions concerning wheel anti-locking systems, vehicles of categories M1, M2, M3, N1, N2, N3, O3 and O4 which are fitted with these systems shall be subject to the provisions of Directive 71/320/EEC, as last amended by this Directive.Article 21. As from 1 January 1980, no Member State may, on grounds relating to braking devices:- refuse, in respect of a type of vehicle, to grant EEC type-approval, or to issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or- prohibit the entry into service of vehicles,where the braking devices of such type of vehicle or of such vehicles comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.2. As from 1 October 1980, Member States:- shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive,- shall refuse to grant national type-approval of a type of vehicle of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.3. As from 1 October 1981, Member States may prohibit the entry into service of vehicles of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.4. Notwithstanding paragraphs 1 to 3, Member States shall implement the provisions of item 1.2.1 of Annex IV to Directive 71/320/EEC, as amended by this Directive, only with effect from 1 October 1983.5. Before 1 January 1980, Member States shall bring into force the provisions necessary in order to comply with this Directive, and shall forthwith inform the Commission thereof.Article 3This Directive is addressed to the Member States.Done at Brussels, 18 April 1979.For the CommissionÉtienne DavignonMember of the Commission[1] OJ No L 42, 23. 2. 1970, p. 1.[2] OJ No L 168, 26. 6. 1978, p. 39.[3] OJ No L 202, 6. 9. 1971, p. 37.[4] OJ No L 236, 8. 9. 1975, p. 3.--------------------------------------------------ANNEXAmendments to the Annexes to Directive 71/320/EEC as amended by Directive 74/132/EEC and by Directive 75/524/EECI. GENERAL PROVISIONS RELATING TO UNITS OF MEASUREMENTThe specifications of Directive 71/320/EEC and of its amending Directives shall be amended in accordance with the provisions of Directive 71/354/EEC as last amended by Directive 76/770/EEC relating to units of measurement.For this purpose, in the Annexes to Directives 71/320/EEC, 74/132/EEC and 75/524/EEC:- the word "weight" shall be replaced by the word "mass" and the words "maximum weight" and "total weight" shall be replaced by the words "maximum mass",- the values of force, torque and moment and pressure shall be expressed in the following units:force: Newton (N),torque and moment: Newton metre (Nm),pressure: bar (bar).The following rounded values shall be used to convert the units used before this Directive took effect into the abovementioned units:force: 1 kgf or 1 kg = 10 N,torque and moment: 1 mkgf or 1 mkg = 10 Nm,pressure: 1 kgf/cm2 or 1 kg/cm2 = 1 bar.Where appropriate, the forces corresponding to the vehicle mass or to parts of this mass (e.g. axle loads) must be used in the calculations prescribed in these Annexes.II. SPECIAL PROVISIONSANNEX I: DEFINITIONS, REQUIREMENTS, CONSTRUCTION AND FITTINGItem 2.2.1.2.4 add at the end: "this provision shall not apply where an auxiliary control permits at least partial actuation of the service braking system, as provided for in Annex II, item 2.1.3.6."Item 2.2.1.2.7 the first sentence shall read: "Certain parts, such as the pedal and its bearing, the master cylinder and its piston or pistons (hydraulic systems), the control valve (pneumatic systems), the linkage between the pedal and the master cylinder or the control valve, the brake cylinders and their pistons (hydraulic and/or pneumatic systems) and the lever-and-cam assemblies of brakes, shall not be regarded as liable to breakage if they are amply dimensioned, are readily accessible for maintenance, and exhibit safety features at least equal to those prescribed for other essential components (such as the steering linkage) of the vehicle."Item 2.2.1.13 shall read:"2.2.1.13. Any vehicle fitted with a service brake actuated by an energy reservoir must, where the prescribed secondary braking performance cannot be obtained by means of this brake without the use of stored energy, be provided with a warning device — in addition to a pressure gauge, where fitted — giving an optical or acoustic signal when the stored energy in any part of the system falls to a value at which, without recharging of the reservoir and irrespective of the load conditions of the vehicle, it is possible to apply the service brake control a fifth time after four full-stroke actuations and obtain the prescribed secondary braking performance (without faults in the service-brake transmission device and with the brakes adjusted as closely as possible). The warning device must be directly and permanently connected to the circuit. When the engine is running under normal operating conditions and there are no faults in the braking system, the warning device must give no signal except during the time required for charging the energy reservoir(s) after start-up of the engine."Item 2.2.1.19.2 add at the end: "if this operation is achieved by a valve which is normally at rest, then such a valve may only be incorporated if its correct functioning can easily be checked by the driver, either from within the cab or from outside the vehicle, without the use of tools."ANNEX II: BRAKING TESTS AND PERFORMANCE OF BRAKING DEVICESItem 1.3.2.1 the first line shall read: "The service brakes of trailers of categories O2, O3 and O4 shall be tested in such a manner that …"After item 2.1.3.5 a new item 2.1.3.6 shall be added:"2.1.3.6. To check compliance with the requirements of Annex I, item 2.2.1.2.4, a type O test must be carried out, with the engine disengaged, at the test speed specified in item 2.1.1 for the relevant vehicle category. The mean fully developed deceleration on application of either the parking brake or the auxiliary control of the service brake, and the deceleration immediately before the vehicle stops, shall be not less than 1·5 m/s2. The test shall be carried out with the vehicle laden, and compliance with the requirements shall be deemed to be met if the braking performance has been achieved once. The force exerted on the braking control shall not exceed the specified values. In the case of vehicles of category M1 or N1, fitted with a parking brake using friction linings other than those for the service braking system, the test may be carried out from 60 km/h at the request of the manufacturer. In this case, the mean fully-developed deceleration must be not less than 2·0 m/s2; deceleration immediately before the vehicle stops must not be less than 1·5 m/s2."Item 2.2.1.3 shall read:"2.2.1.3. Requirements relating to the testing of category O3 vehicles. The same requirements apply as to category O2."Item 2.2.1.4.1 shall read:"2.2.1.4.1. The same requirements apply as apply to category O2; in addition, these vehicles must be subjected to the Type II test."Item 2.3.2 shall read:"2.3.2. In the case of vehicles fitted with compressed air braking devices, the requirements of item 2.3.1 are considered to be satisfied if the vehicle complies with the provisions of Annex III."ANNEX IIIThe title shall read:"METHOD OF MEASURING THE REACTION TIME FOR VEHICLES FITTED WITH COMPRESSED AIR BRAKING DEVICES"Item 1.3 shall read:"1.3. The times determined in implementing the provisions of this Annex shall be rounded to the nearest 10th of a second. If the figure representing the 100ths is five or more, the reaction time shall be rounded up to the next higher 10th."The former item 1.4 shall be deleted.Item 2.4 the last sentence shall be deleted.Item 2.5 shall read:"2.5. In the case of motor vehicles having a brake coupling for trailers, in addition to the requirements of item 1.1 the reaction time must be measured at the extremity of a pipe 2·5 m long with an internal diameter of 13 mm which shall be joined to the coupling head of the control line of the service brake. During this test a volume of 385 ± 5 cm3 (which is deemed to be equivalent to the volume of a pipe 2·5 m long with an internal diameter of 13 mm and under a pressure of 6·5 bar) shall be connected to the coupling head of the supply line.Tractive units for semi-trailers must be equipped with flexible pipes for making the connection to semi-trailers. The coupling heads will therefore be at the extremity of those flexible pipes. The length and internal diameter of the pipes shall be entered at item 14.6 of the document corresponding to the model described in Annex IX."Item 3.2 the second sentence shall be deleted.Item 3.3.1 shall read:"3.3.1. It must have a reservoir with a capacity of 30 litres which shall be charged to a pressure of 6·5 bar before each test and which must not be recharged during each test. At the outlet of the braking control device the simulator must incorporate an orifice with a diameter of from 4·0 to 4·3 mm inclusive. The volume of the pipe measured from the orifice up to and including the coupling head shall be 385 ± 5 cm3 (which is deemed to be equivalent to the volume of a pipe 2·5 m long with an internal diameter of 13 mm and under a pressure of 6·5 bar). The control line pressures referred to in item 3.3.3 shall be measured immediately downstream of the orifice."Item 3.3.2 shall read:"3.3.2. The braking control device must be so designed that its performance in use is not affected by the tester."After item 3.3.2 the following new items 3.3.3 and 3.3.4 shall be added:"3.3.3. The simulator must be set, e.g. through the choice of orifice in accordance with item 3.3.1, in such a way that, if a reservoir of 385 ± 5 cm3 is joined to it, the time taken for the pressure to increase from 0·65 to 4·9 bar (10 and 75% respectively of the nominal pressure of 6·5 bar), shall be 0·2 ± 0·01 second. If a reservoir of 1155 ± 15 cm3 is substituted for the abovementioned reservoir, the time taken for the pressure to increase from 0·65 to 4·9 bar without further adjustment shall be 0·38 ± 0·02 second. Between these two pressure values the pressure must increase in an approximately linear way. These reservoirs shall be connected to the coupling head without using flexible pipes and shall have an internal diameter of not less than 10 mm.3.3.4. The diagram in the Appendix to this Annex gives an example of the correct configuration and use of the simulator."Item 3.4 shall read:"3.4. The time elapsing between the moment when the pressure produced in the control line by the simulator reaches 0·65 bar and the moment when the pressure in the brake actuator of the trailer reaches 75% of its asymptotic value must not exceed 0·4 second."After item 3.4 the following new item 4 shall be added:"4. PRESSURE TEST CONNECTIONS4.1. On each independent circuit of the braking system a pressure test connection shall be fitted as closely as possible to the brake cylinder which is the least favourably placed as far as reaction time is concerned.4.2. The pressure test connections shall comply with ISO Standard 3583/1975."APPENDIX: The simulator sketch shall be replaced by the following:APPENDIXEXAMPLE OF A SIMULATOR (SEE ANNEX III, ITEM 3)1. Setting the simulator+++++ TIFF +++++2. Testing the trailer+++++ TIFF +++++A = supply connection with shut-off valveC1 = pressure switch in the simulator, set at 0·65 bar and at 4·9 barC2 = pressure switch to be connected to the brake actuator of the trailer, to operate at 75% of the asymptotic pressure in the brake actuator CFCF = brake actuatorL = line from orifice O up to and including its coupling head TC, having an inner volume of 385 ± 5 cm3 under a pressure of 6·5 barM = pressure gaugeO = orifice with a diameter of not less than 4 mm and not more than 4·3 mmPP = pressure test connectionR1 = 30 litre air reservoir with drain valveR2 = calibrating reservoir, including its coupling head TC, to be 385 ± 5 cm3R3 = calibrating reservoir, including its coupling head TC, to be 1155 ± 15 cm3RA = shut-off valveTA = coupling head, supply lineTC = coupling head, control lineV = braking control deviceVRU = emergency relay valveANNEX IV: ENERGY RESERVOIRS AND SOURCES OF ENERGY FOR COMPRESSED AIR BRAKESItem 1.2.1 shall read:"1.2.1. The air brake reservoirs of motor vehicles shall be so designed that after eight full-stroke actuations of the service brake control the pressure remaining in the air brake reservoir shall be not less than the pressure required to obtain the specified secondary braking performance."After item 2.5 the following new item 3 shall be added:"3. PRESSURE TEST CONNECTIONS3.1. A pressure test connection must be fitted close to the least favourably placed reservoir within the meaning of item 2.4 of this Annex.3.2. The pressure test connections must comply with ISO Standard 3583/1975."ANNEX V: SPRING BRAKESItem 2.3 add at the end: "This item does not apply to trailers."Item 2.4 shall read:"2.4. In motor vehicles, the system must be so designed that it is possible to apply and release the brakes at least three times if the initial pressure in the spring compression chamber is equal to the maximum design pressure. In the case of trailers, it must be possible to release the brakes at least three times after the trailer has been uncoupled, the pressure in the supply line being 6·5 bar before the uncoupling. These conditions must be satisfied when the brakes are adjusted as closely as possible. In addition, it must be possible to apply and release the parking brake as specified in Annex I, item 2.2.2.10, when the trailer is coupled to the towing vehicle."Item 2.5 add at the end: "In the case of trailers, this pressure level (pm) is the pressure which is obtained after four full-stroke actuations of the service brake in accordance with Annex IV, item 1.3. The initial pressure is fixed at 6·5 bar."Item 2.6 add at the end: "This provision does not apply to trailers."ANNEX VI: PARKING BRAKING BY MECHANICAL LOCKING OF THE BRAKE CYLINDERSItem 2.1 add at the end: "This provision shall not apply to trailers. In the case of trailers the pressure corresponding to mechanical locking must not exceed 4 bar. It must be possible to achieve parking brake performance after any single failure of the trailer service braking system. In addition, it must be possible to release the brakes at least three times after the trailer has been uncoupled, the pressure in the supply line being 6·5 bar before the uncoupling. These conditions must be satisfied when the brakes are adjusted as closely as possible. It must also be possible to apply and release the parking brake as specified in Annex I, item 2.2.2.10, when the trailer is coupled to the towing vehicle."After item 2.4 the following new item 2.5 shall be added:"2.5. The control must be such that, when actuated, it performs the following operations in sequence: it applies the brakes so as to provide the degree of efficiency required for parking braking, locks the brakes in that position and then cancels out the brake-application force."ANNEX IXThe title shall read:"MODELANNEX TO THE EEC VEHICLE TYPE-APPROVAL CERTIFICATE CONCERNING BRAKING DEVICES(Articles 4 (2) and 10 of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailersTaking into account the amendments introduced pursuant to Directive 79/489/EEC"Footnote (3) concerning item 14.3 shall read:"(3) Applies only to vehicles of categories O2, O3 and O4."Item 14.6 shall read:"14.6. Response time and dimensions of flexible pipes14.6.1. Response time at the brake actuator … s14.6.2. Response time at the control line coupling head … s14.6.3. Flexible pipes of tractive units for semi-trailers:- length: … m,- internal diameter … mm."In item 17 a new item 17 (a) 2 shall be added:"17 (a) 2 Information required in item 7.3 of the Appendix to item 1.1.4.2 of Annex II."Annex to Commission Directive 75/524/EEC of 25 July 1975Appendix to item 1.1.4.2 (Annex II): DISTRIBUTION OF BRAKING EFFORT AMONG VEHICLE AXLES.Item 3.1.2 shall read:"3.1.2. In the case of a vehicle authorized to draw trailers of category O3 or O4 fitted with air brakes, the pressure at full application of the braking control must be between 6·5 and 8 bar at the coupling head of the supply line and between 6 and 7·5 bar at the coupling head of the control line, irrespective of the load condition of the vehicle. These pressures must be demonstrably present in the drawing vehicle when uncoupled from the trailer."Item 6 shall read:"6. CONDITIONS TO BE FULFILLED IN THE CASE OF FAILURE OF THE BRAKING DISTRIBUTION SYSTEMWhen the requirements of this Appendix are fulfilled by means of a special device (e.g. controlled mechanically by the suspension of the vehicle), it shall be possible, in the event of the failure of this device or its means of control, to stop the vehicle under the conditions specified for secondary braking in the case of motor vehicles; for those vehicles authorized to draw a trailer fitted with air brakes, it must be possible to achieve a pressure at the coupling head of the control line within the range specified in item 3.1.2 of this Appendix. In the event of failure of the means of controlling the device in trailers and semi-trailers, a braking rate of at least 30% of the service brake performance prescribed for the vehicle in question shall be attained."Item 7 shall read:"7. MARKINGS7.1. Vehicles, other than those of category M1, which meet the requirements of this Appendix by means of a device mechanically controlled by the suspension of the vehicle, shall be marked to show the useful travel of the device between the positions corresponding to vehicle unladen und laden states respectively and any further information to enable the setting of the device to be checked.7.1.1. When a brake load sensing device is controlled via the suspension of the vehicle by any other means, the vehicle must be marked with information to enable the setting of the device to be checked.7.2. When the requirements of this Appendix are met by means of a device which modulates the air pressure in the brake transmission, the vehicle must be marked to show a mass corresponding to the axle loads at the ground, the nominal outlet pressures of the device and an inlet pressure of not less than 80% of the maximum design inlet pressure, as declared by the vehicle manufacturer, for the following states of load:7.2.1. Technically permissible maximum load on the axle(s) which control(s) the device.7.2.2. Axle load(s) corresponding to the mass of the vehicle in running order as defined in item 2.6 of Annex I to Directive 70/156/EEC.7.2.3. The axle load(s) approximating to the vehicle with proposed bodywork in running order where the axle load(s) mentioned in item 7.2.2 relate(s) to the vehicle chassis with cab.7.2.4. The axle load(s) designated by the manufacturer to enable the setting of the device to be checked in service if this is (these are) different from the loads specified in items 7.2.1, 7.2.2 and 7.2.3.7.3. Item 17 (a) 2 of Annex IX must include information to enable compliance with the requirements of items 7.1 and 7.2 to be checked.7.4. The markings referred to under items 7.1 and 7.2 must be affixed in a visible position in indelible form. An example of the markings for a mechanically controlled device in a vehicle fitted with compressed air braking is shown in Diagram 5."Item 8 shall read:"8. PRESSURE TEST CONNECTIONSBraking systems incorporating the devices referred to in item 7.2 shall be fitted with pressure test connections which conform with ISO Standard 3583/1975 in the pressure line upstream and downstream of the device."The former item 8 becomes item 9.In Diagrams 2 and 4A,"TRPM"shall be replaced by"TRPR"in the ordinate.After Diagram 4B, a new Diagram 5 shall be added as follows:DIAGRAM 5BRAKE LOAD SENSING DEVICE(see item 7.4)+++++ TIFF +++++--------------------------------------------------