title: Council Directive 2013/15/EU of 13 May 2013 adapting certain directives in the field of free movement of goods, by reason of the accession of the Republic of Croatia

text:
               10.6.2013

               EN

               Official Journal of the European Union

               L 158/172

         COUNCIL DIRECTIVE 2013/15/EU
   of 13 May 2013
   adapting certain directives in the field of free movement of goods, by reason of the accession of the Republic of Croatia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty of Accession of Croatia, and in particular Article 3(4) thereof,
   Having regard to the Act of Accession of Croatia, and in particular Article 50 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Pursuant to Article 50 of the Act of Accession of Croatia, where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in that Act of Accession or in the Annexes thereto, the Council, acting by qualified majority on a proposal from the Commission, shall, to this end, adopt the necessary acts, if the original act was not adopted by the Commission.

               (2)

               The Final Act of the Conference which drew up and adopted the Treaty of Accession of Croatia indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt those adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union.

               (3)

               The directives in the field of free movement of goods, set out in this Directive, should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   The following directives are amended as set out in the Annex to this Directive:

               (1)

               in the field of free movement of motor vehicles:

                           —

                           Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (1),

                           —

                           Council Directive 70/221/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers (2),

                           —

                           Council Directive 70/388/EEC of 27 July 1970 on the approximation of the laws of the Member States relating to audible warning devices for motor vehicles (3),

                           —

                           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 of their trailers (4),

                           —

                           Council Directive 72/245/EEC of 20 June 1972 relating to the radio interference (electromagnetic compatibility) of vehicles (5),

                           —

                           Council Directive 74/61/EEC of 17 December 1973 on the approximation of the laws of the Member States relating to devices to prevent the unauthorised use of motor vehicles (6),

                           —

                           Council Directive 74/408/EEC of 22 July 1974 relating to motor vehicles with regard to the seats, their anchorages and head restraints (7),

                           —

                           Council Directive 74/483/EEC of 17 September 1974 on the approximation of the laws of the Member States relating to the external projections of motor vehicles (8),

                           —

                           Council Directive 76/114/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment (9),

                           —

                           Council Directive 76/757/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to retro-reflectors for motor vehicles and their trailers (10),

                           —

                           Council Directive 76/758/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to end-outline marker lamps, front position (side) lamps, rear position (side) lamps, stop lamps, daytime running lamps and side marker lamps for motor vehicles and their trailers (11),

                           —

                           Council Directive 76/759/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to direction indicator lamps for motor vehicles and their trailers (12),

                           —

                           Council Directive 76/760/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the rear registration plate lamps for motor vehicles and their trailers (13),

                           —

                           Council Directive 76/761/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to motor vehicle headlamps which function as main-beam and/or dipped-beam headlamps and to light sources (filament lamps and others) for use in approved lamp units of motor vehicles and of their trailers (14),

                           —

                           Council Directive 76/762/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to front fog lamps for motor vehicles (15),

                           —

                           Council Directive 77/538/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to rear fog lamps for motor vehicles and their trailers (16),

                           —

                           Council Directive 77/539/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to reversing lamps for motor vehicles and their trailers (17),

                           —

                           Council Directive 77/540/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to parking lamps for motor vehicles (18),

                           —

                           Council Directive 77/541/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (19),

                           —

                           Council Directive 78/318/EEC of 21 December 1977 on the approximation of the laws of the Member States relating to the wiper and washer systems of motor vehicles (20),

                           —

                           Council Directive 78/764/EEC of 25 July 1978 on the approximation of the laws of the Member States relating to the driver's seat on wheeled agricultural or forestry tractors (21),

                           —

                           Council Directive 78/932/EEC of 16 October 1978 on the approximation of the laws of the Member States relating to head restraints of seats of motor vehicles (22),

                           —

                           Council Directive 86/298/EEC of 26 May 1986 on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (23),

                           —

                           Council Directive 87/402/EEC of 25 June 1987 on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (24),

                           —

                           Directive 94/20/EC of the European Parliament and of the Council of 30 May 1994 relating to the mechanical coupling devices of motor vehicles and their trailers and their attachment to those vehicles (25),

                           —

                           Directive 95/28/EC of the European Parliament and of the Council of 24 October 1995 relating to the burning behaviour of materials used in the interior construction of certain categories of motor vehicle (26),

                           —

                           Directive 2000/25/EC of the European Parliament and of the Council of 22 May 2000 on action to be taken against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors (27),

                           —

                           Directive 2000/40/EC of the European Parliament and of the Council of 26 June 2000 on the approximation of the laws of the Member States relating to the front underrun protection of motor vehicles (28),

                           —

                           Directive 2001/56/EC of the European Parliament and of the Council of 27 September 2001 relating to heating systems for motor vehicles and their trailers (29),

                           —

                           Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat (30),

                           —

                           Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (31),

                           —

                           Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units (32),

                           —

                           Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 on the approximation of the laws of the Member States relating to the type-approval of devices for indirect vision and of vehicles equipped with these devices (33),

                           —

                           Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (34),

                           —

                           Directive 2009/57/EC of the European Parliament and of the Council of 13 July 2009 relating to the roll-over protection structures of wheeled agricultural or forestry tractors (35),

                           —

                           Directive 2009/64/EC of the European Parliament and of the Council of 13 July 2009 on the suppression of radio interference produced by agricultural or forestry tractors (electromagnetic compatibility) (36),

                           —

                           Directive 2009/75/EC of the European Parliament and of the Council of 13 July 2009 on roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (37), and

                           —

                           Directive 2009/144/EC of the European Parliament and of the Council of 30 November 2009 on certain components and characteristics of wheeled agricultural or forestry tractors (38);

               (2)

               in the field of free movement of footwear: Directive 94/11/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to labelling of the materials used in the main components of footwear for sale to the consumer (39).

         Article 2
   1.   Member States shall adopt and publish, by the date of accession of Croatia to the Union at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from the date of accession of Croatia to the Union.
   When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force subject to and as from the date of the entry into force of the Treaty of Accession of Croatia.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 13 May 2013.

            For the Council

            The President

         S. COVENEY

      (1)  OJ L 42, 23.2.1970, p. 16.

      (2)  OJ L 76, 6.4.1970, p. 23.

      (3)  OJ L 176, 10.8.1970, p. 12.

      (4)  OJ L 202, 6.9.1971, p. 37.

      (5)  OJ L 152, 6.7.1972, p. 15.

      (6)  OJ L 38, 11.2.1974, p. 22.

      (7)  OJ L 221, 12.8.1974, p. 1.

      (8)  OJ L 266, 2.10.1974, p. 4.

      (9)  OJ L 24, 30.1.1976, p. 1.

      (10)  OJ L 262, 27.9.1976, p. 32.

      (11)  OJ L 262, 27.9.1976, p. 54.

      (12)  OJ L 262, 27.9.1976, p. 71.

      (13)  OJ L 262, 27.9.1976, p. 85.

      (14)  OJ L 262, 27.9.1976, p. 96.

      (15)  OJ L 262, 27.9.1976, p. 122.

      (16)  OJ L 220, 29.8.1977, p. 60.

      (17)  OJ L 220, 29.8.1977, p. 72.

      (18)  OJ L 220, 29.8.1977, p. 83.

      (19)  OJ L 220, 29.8.1977, p. 95.

      (20)  OJ L 81, 28.3.1978, p. 49.

      (21)  OJ L 255, 18.9.1978, p. 1.

      (22)  OJ L 325, 20.11.1978, p. 1.

      (23)  OJ L 186, 8.7.1986, p. 26.

      (24)  OJ L 220, 8.8.1987, p. 1.

      (25)  OJ L 195, 29.7.1994, p. 1.

      (26)  OJ L 281, 23.11.1995, p. 1.

      (27)  OJ L 173, 12.7.2000, p. 1.

      (28)  OJ L 203, 10.8.2000, p. 9.

      (29)  OJ L 292, 9.11.2001, p. 21.

      (30)  OJ L 42, 13.2.2002, p. 1.

      (31)  OJ L 124, 9.5.2002, p. 1.

      (32)  OJ L 171, 9.7.2003, p. 1.

      (33)  OJ L 25, 29.1.2004, p. 1.

      (34)  OJ L 263, 9.10.2007, p. 1.

      (35)  OJ L 261, 3.10.2009, p. 1.

      (36)  OJ L 216, 20.8.2009, p. 1.

      (37)  OJ L 261, 3.10.2009, p. 40.

      (38)  OJ L 27, 30.1.2010, p. 33.

      (39)  OJ L 100, 19.4.1994, p. 37.

      ANNEX
      PART A

         MOTOR VEHICLES

                  1.

                  In Annex II to Directive 70/157/EEC, the following is inserted in the list under point 4.2 after the entry for Ireland:
                  ‘ “25” for Croatia’.

                  2.

                  In Annex II to Directive 70/221/EEC, the following is inserted in the list under point 6.2 after the entry for Greece:
                  ‘25 for Croatia’.

                  3.

                  In Annex I to Directive 70/388/EEC, the following is added to the text in brackets in point 1.4.1:
                  ‘25 for Croatia’.

                  4.

                  In Annex XV to Directive 71/320/EEC, the following is inserted in the list under point 4.4.2 after the entry for Greece:
                  ‘25 for Croatia’.

                  5.

                  In Annex I to Directive 72/245/EEC, the following is inserted in the list under point 5.2 after the entry for Ireland:
                  ‘25 for Croatia’.

                  6.

                  In Annex I to Directive 74/61/EEC, the following is inserted in the list under point 5.1.1 after the entry for Greece:

                              ‘—

                              “25” for Croatia’.

                  7.

                  In Annex I to Directive 74/408/EEC, the following is inserted in the list under point 6.2.1 after the entry for Greece:
                  ‘25. for Croatia’.

                  8.

                  In Annex I to Directive 74/483/EEC, the following is added to footnote 1 relating to point 3.2.2.2:
                  ‘25 for Croatia’.

                  9.

                  In the Annex to Directive 76/114/EEC, the following is added to the text in brackets in point 2.1.2:
                  ‘25 for Croatia’.

                  10.

                  In Annex I to Directive 76/757/EEC, the following is inserted in the list under point 4.2.1 after the entry for Greece:
                  ‘25 for Croatia’.

                  11.

                  In Annex I to Directive 76/758/EEC, the following is inserted in the list under point 5.2.1 after the entry for Greece:
                  ‘25 for Croatia’.

                  12.

                  In Annex I to Directive 76/759/EEC, the following is inserted in the list under point 4.2.1 after the entry for Greece:
                  ‘25 for Croatia’.

                  13.

                  In Annex I to Directive 76/760/EEC, the following is inserted in the list under point 4.2.1 after the entry for Greece:
                  ‘25 for Croatia’.

                  14.

                  Annex I to Directive 76/761/EEC is amended as follows:

                              (a)

                              the following is inserted in the list under point 5.2.1 after the entry for Ireland:
                              ‘25 for Croatia’;

                              (b)

                              the following is inserted in the list under point 6.2.1 after the entry for Ireland:
                              ‘25 for Croatia’.

                  15.

                  In Annex I to Directive 76/762/EEC, the following is inserted in the list under point 4.2.1 after the entry for Greece:
                  ‘25 for Croatia’.

                  16.

                  In Annex I to Directive 77/538/EEC, the following is inserted in the list under point 4.2.1 after the entry for Greece:
                  ‘25 for Croatia’.

                  17.

                  In Annex I to Directive 77/539/EEC, the following is inserted in the list under point 4.2.1 after the entry for Greece:
                  ‘25 for Croatia’.

                  18.

                  In Annex I to Directive 77/540/EEC, the following is inserted in the list under point 4.2.1 after the entry for Greece:
                  ‘25 for Croatia’.

                  19.

                  In Annex III to Directive 77/541/EEC, the following is inserted in the list under point 1.1.1 after the entry for Greece:
                  ‘25 for Croatia,’.

                  20.

                  In Annex I to Directive 78/318/EEC, the following is inserted in the list under point 7.2 after the entry for Greece:
                  ‘25 for Croatia,’.

                  21.

                  In Annex II to Directive 78/764/EEC, the following is added to point 3.5.2.1:
                  ‘25 for Croatia’.

                  22.

                  In Annex VI to Directive 78/932/EEC, the following is added to point 1.1.1:
                  ‘25 for Croatia;’.

                  23.

                  In Annex VI to Directive 86/298/EEC, the following is added to the first indent:
                  ‘25 for Croatia,’.

                  24.

                  In Annex VII to Directive 87/402/EEC, the following is inserted in the first indent after the entry for Ireland:
                  ‘25 for Croatia,’.

                  25.

                  In Annex I to Directive 94/20/EC, the following is inserted in the list under point 3.3.4 after the entry for Portugal:
                  ‘25 for Croatia’.

                  26.

                  In Annex I to Directive 95/28/EC, the following is inserted in the list under point 6.1.1 after the entry for Greece:
                  ‘25 for Croatia’.

                  27.

                  In Appendix 4 to Annex I to Directive 2000/25/EC, the following is inserted in the list under section 1 in point 1, after the entry for Ireland:
                  ‘ “25” for Croatia’.

                  28.

                  In Annex I to Directive 2000/40/EC, the following is inserted in the list under point 3.2 after the entry for Ireland:
                  ‘25 for Croatia’.

                  29.

                  In Appendix 5 to Annex I to Directive 2001/56/EC, the following is inserted in the list under point 1.1.1 after the entry for Ireland:
                  ‘25 for Croatia’.

                  30.

                  Annex I to Directive 2001/85/EC is amended as follows:

                              (a)

                              in point 7.6.11.1, the following is added to the list:
                              ‘Izlaz u slučaju opasnosti’;

                              (b)

                              in point 7.7.9.1, the following is added to the list:
                              ‘Autobus se zaustavlja’.

                  31.

                  Directive 2002/24/EC is amended as follows:

                              (a)

                              in part A of Annex IV, point 47 of Side 2 of the model is replaced by the following:

                                          ‘47.

                                          Fiscal power or national code number(s), if applicable:

                                                      Belgium: …

                                                      Bulgaria: …

                                                      Czech Republic: …

                                                      Denmark: …

                                                      Germany: …

                                                      Estonia: …

                                                      Ireland: …

                                                      Greece: …

                                                      Spain: …

                                                      France: …

                                                      Croatia: …

                                                      Italy: …

                                                      Cyprus: …

                                                      Latvia: …

                                                      Lithuania: …

                                                      Luxembourg: …

                                                      Hungary: …

                                                      Malta: …

                                                      Netherlands: …

                                                      Austria: …

                                                      Poland: …

                                                      Portugal: …

                                                      Romania: …

                                                      Slovenia: …

                                                      Slovakia: …

                                                      Finland: …

                                                      Sweden: …

                                                      United Kingdom: …’

                              (b)

                              Annex V is amended as follows:

                                          (i)

                                          in point 1 of part A, the following is inserted in the list under section 1 after the entry for Ireland:
                                          ‘25 for Croatia;’;

                                          (ii)

                                          in part B, the following is inserted in the list under point 1.1 after the entry for Ireland:

                                                      ‘—

                                                      25 for Croatia’.

                  32.

                  Directive 2003/37/EC is amended as follows:

                              (a)

                              in Appendix 1 to Chapter C of Annex II, the following is inserted in the first indent of point 1 after the entry for Ireland:
                              ‘25 for Croatia;’;

                              (b)

                              Annex III is amended as follows:

                                          (i)

                                          in Part I, point 16 under ‘A — Complete/completed tractors’ is replaced by the following:

                                                      ‘16.

                                                      Fiscal horsepower(s) or class(es)

                                                                  Belgium: …

                                                                  Bulgaria: …

                                                                  Czech Republic: …

                                                                  Denmark: …

                                                                  Germany: …

                                                                  Estonia: …

                                                                  Ireland: …

                                                                  Greece: …

                                                                  Spain: …

                                                                  France: …

                                                                  Croatia: …

                                                                  Italy: …

                                                                  Cyprus: …

                                                                  Latvia: …

                                                                  Lithuania: …

                                                                  Luxembourg: …

                                                                  Hungary: …

                                                                  Malta: …

                                                                  Netherlands: …

                                                                  Austria: …

                                                                  Poland: …

                                                                  Portugal: …

                                                                  Romania: …

                                                                  Slovenia: …

                                                                  Slovakia: …

                                                                  Finland: …

                                                                  Sweden: …

                                                                  United Kingdom: …’

                                          (ii)

                                          in Part I, point 16 under ‘B — Agricultural or forestry trailers — complete/completed’ is replaced by the following:

                                                      ‘16.

                                                      Fiscal horsepower(s) or class(es) (if applicable)

                                                                  Belgium: …

                                                                  Bulgaria: …

                                                                  Czech Republic: …

                                                                  Denmark: …

                                                                  Germany: …

                                                                  Estonia: …

                                                                  Ireland: …

                                                                  Greece: …

                                                                  Spain: …

                                                                  France: …

                                                                  Croatia: …

                                                                  Italy: …

                                                                  Cyprus: …

                                                                  Latvia: …

                                                                  Lithuania: …

                                                                  Luxembourg: …

                                                                  Hungary: …

                                                                  Malta: …

                                                                  Netherlands: …

                                                                  Austria: …

                                                                  Poland: …

                                                                  Portugal: …

                                                                  Romania: …

                                                                  Slovenia: …

                                                                  Slovakia: …

                                                                  Finland: …

                                                                  Sweden: …

                                                                  United Kingdom: …’

                                          (iii)

                                          in Part I, point 16 under ‘C — Interchangeable towed machinery — complete/completed’ is replaced by the following:

                                                      ‘16.

                                                      Fiscal horsepower(s) or class(es) (if applicable)

                                                                  Belgium: …

                                                                  Bulgaria: …

                                                                  Czech Republic: …

                                                                  Denmark: …

                                                                  Germany: …

                                                                  Estonia: …

                                                                  Ireland: …

                                                                  Greece: …

                                                                  Spain: …

                                                                  France: …

                                                                  Croatia: …

                                                                  Italy: …

                                                                  Cyprus: …

                                                                  Latvia: …

                                                                  Lithuania: …

                                                                  Luxembourg: …

                                                                  Hungary: …

                                                                  Malta: …

                                                                  Netherlands: …

                                                                  Austria: …

                                                                  Poland: …

                                                                  Portugal: …

                                                                  Romania: …

                                                                  Slovenia: …

                                                                  Slovakia: …

                                                                  Finland: …

                                                                  Sweden: …

                                                                  United Kingdom: …’

                                          (iv)

                                          in Part II, point 16 under ‘A — Agricultural or forestry trailers — incomplete’ is replaced by the following:

                                                      ‘16.

                                                      Fiscal horsepower(s) or class(es) (if applicable)

                                                                  Belgium: …

                                                                  Bulgaria: …

                                                                  Czech Republic: …

                                                                  Denmark: …

                                                                  Germany: …

                                                                  Estonia: …

                                                                  Ireland: …

                                                                  Greece: …

                                                                  Spain: …

                                                                  France: …

                                                                  Croatia: …

                                                                  Italy: …

                                                                  Cyprus: …

                                                                  Latvia: …

                                                                  Lithuania: …

                                                                  Luxembourg: …

                                                                  Hungary: …

                                                                  Malta: …

                                                                  Netherlands: …

                                                                  Austria: …

                                                                  Poland: …

                                                                  Portugal: …

                                                                  Romania: …

                                                                  Slovenia: …

                                                                  Slovakia: …

                                                                  Finland: …

                                                                  Sweden: …

                                                                  United Kingdom: …’

                                          (v)

                                          in Part II, point 16 under ‘B — Interchangeable towed machinery — incomplete’ is replaced by the following:

                                                      ‘16.

                                                      Fiscal horsepower(s) or class(es) (if applicable)

                                                                  Belgium: …

                                                                  Bulgaria: …

                                                                  Czech Republic: …

                                                                  Denmark: …

                                                                  Germany: …

                                                                  Estonia: …

                                                                  Ireland: …

                                                                  Greece: …

                                                                  Spain: …

                                                                  France: …

                                                                  Croatia: …

                                                                  Italy: …

                                                                  Cyprus: …

                                                                  Latvia: …

                                                                  Lithuania: …

                                                                  Luxembourg: …

                                                                  Hungary: …

                                                                  Malta: …

                                                                  Netherlands: …

                                                                  Austria: …

                                                                  Poland: …

                                                                  Portugal: …

                                                                  Romania: …

                                                                  Slovenia: …

                                                                  Slovakia: …

                                                                  Finland: …

                                                                  Sweden: …

                                                                  United Kingdom: …’

                  33.

                  In Appendix 5 to Annex I to Directive 2003/97/EC, the following is inserted in point 1.1 after the entry for Ireland:
                  ‘25 for Croatia,’.

                  34.

                  Annex VII to Directive 2007/46/EC is amended as follows:

                              (a)

                              in section 1 of point 1, the following is inserted in the list after the entry for Ireland:
                              ‘25 for Croatia;’;

                              (b)

                              in point 1.1 of the Appendix, the following is inserted in the list after the entry for Ireland:
                              ‘25 For Croatia’.

                  35.

                  In Annex VI to Directive 2009/57/EC, the following is inserted in the list under the first paragraph after the entry for Ireland:
                  ‘25. for Croatia’.

                  36.

                  In Annex I to Directive 2009/64/EC, the following is inserted in the list of distinguishing numbers under point 5.2 after the entry for Ireland:
                  ‘25 for Croatia;’.

                  37.

                  In Annex VI to Directive 2009/75/EC, the following is inserted in the list under the first paragraph after the entry for Ireland:
                  ‘25. for Croatia’.

                  38.

                  Directive 2009/144/EC is amended as follows:

                              (a)

                              in Annex III A, the following is inserted in footnote 1 to point 5.4.1 after the entry for Ireland:
                              ‘25 for Croatia,’;

                              (b)

                              in Appendix 4 to Annex IV, the following is inserted in the first indent after the entry for Ireland:
                              ‘25 for Croatia;’;

                              (c)

                              in Annex V, the following is inserted in the list of distinguishing codes under point 2.1.3 after the entry for Ireland:
                              ‘25 for Croatia;’.

            PART B

         FOOTWEAR

      Annex I to Directive 94/11/EC is amended as follows:

                  (a)

                  point 1 is amended as follows:

                              (i)

                              in point (a), the following is added to the list of ‘Written indications’:

                                          ‘HR

                                          Gornjište’;

                              (ii)

                              in point (b), the following is added to the list of ‘Written indications’:

                                          ‘HR

                                          Podstava i uložna tabanica’;

                              (iii)

                              in point (c), the following is added to the list of ‘Written indications’:

                                          ‘HR

                                          Potplat (donjište)’;

                  (b)

                  point 2 is amended as follows:

                              (i)

                              in point (a)(i), the following is added to the list of ‘Written indications’:

                                          ‘HR

                                          Koža’;

                              (ii)

                              in point (a)(ii), the following is added to the list of ‘Written indications’:

                                          ‘HR

                                          Koža korigiranog lica’;

                              (iii)

                              in point (b), the following is added to the list of ‘Written indications’:

                                          ‘HR

                                          Tekstil’;

                              (iv)

                              in point (c), the following is added to the list of ‘Written indications’:

                                          ‘HR

                                          Drugi materijali’.


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31974L0297

Council Directive 74/297/EEC of 4 June 1974 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (the behaviour of the steering mechanism in the event of an impact)

Official Journal L 165 , 20/06/1974 P. 0016 - 0025 Finnish special edition: Chapter 13 Volume 4 P. 0012  Greek special edition: Chapter 13 Volume 2 P. 0247  Swedish special edition: Chapter 13 Volume 4 P. 0012  Spanish special edition: Chapter 13 Volume 3 P. 0230  Portuguese special edition Chapter 13 Volume 3 P. 0230

COUNCIL DIRECTIVE  of 4 June 1974  on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (the behaviour of the steering mechanism in the event of an impact)  (74/297/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to the behaviour of the steering mechanism in the event of an impact;  Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt he same requirements either in addition to or in place of their existing regulations ; in order, in particular, to allow the EEC type-approval procedure which was the subject of the Council Directive of 6 February 1970 (3) on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers to be applied in respect of each type of vehicle;  Whereas common requirements for interior rear-view mirrors have been laid down by the Council Directive of 1 March 1971 (4) and for the interior fittings of the passenger compartment, the layout of the controls, the roof and backrest and rear part of the seats by the Council Directive of 17 December 1973 (5) ; whereas other requirements will be adopted subsequently concerning interior fittings and relating to anchorages for safety belts and seats, head restraints and the identification of the controls;  Whereas harmonized requirements must reduce the risk or the severity of injuries which may be suffered by the drivers of motor vehicles and thereby ensure road safety throughout the entire Community;  Whereas, with regard to technical requirements, it is appropriate to utilize those adopted by the Economic Commission for Europe of the UNO in its Regulation No 12 (6) (Uniform provisions concerning the approval of vehicles with regard to the protection of the driver against the steering mechanism in the event of impact) which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts,  HAS ADOPTED THIS DIRECTIVE:    Article 1 For the purpose of this Directive, "vehicle" means any motor vehicle in category M1 (defined in Annex 1 of the Directive of 6 February 1970) intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of a vehicle fitted with forward control as defined in 2.7 of Annex I   Article 2 No Member State may refuse to grant EEC type-approval or national type approval of a motor vehicle on grounds relating to the behaviour of the steering mechanism in the event of an impact if the latter complies with the requirements laid down in Annexes I, II and III.   Article 3 No Member State may refuse or prohibit the sale or registration, entry into service or use of any vehicle  (1)OJ No C 14, 27.3.1973, p. 18. (2)OJ No C 60, 26.7.1973, p. 13. (3)OJ No L 42, 23.2.1970, p. 1. (4)OJ No L 68, 22.3.1971, p. 1. (5)OJ No L 38, 11.2.1974, p. 2. (6)ECE Geneva document E/ECE/324/Add. 11.   on grounds relating to the behaviour of the steering mechanism in the event of an impact if the latter meets the requirements laid down in Annexes I, II and III.   Article 4 A Member State which has granted approval to a vehicle type shall take the necessary measures to ensure that it is informed of any modification to any of the parts or characteristics referred to in Annex I, 2.2. The competent authorities of that Member State shall determine whether it is necessary to carry out fresh tests on a modified vehicle type and to prepare a new report. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be granted EEC type-approval.   Article 5 Amendments which are necessary to adapt the requirements of Annexes I, II, III and IV to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers.   Article 6 1. Member States shall put into force the provisions necessary to comply with this Directive within 18 months of its notification and shall immediately inform the Commission thereof.  2. Member States shall ensure that the texts of legislative provisions which they adopt in the area governed by this Directive are communicated to the Commission.   Article 7 This Directive is addressed to the Member States.     Done at Luxembourg, 4 June 1974.  For the Council  The President  H.D. GENSCHER     ANNEX I (*) DEFINITIONS, APPLICATION FOR EEC TYPE-APPROVAL, EEC TYPE-APPROVAL, SPECIFICATIONS, TESTS, CONFORMITY OF PRODUCTION   (1.)    2. DEFINITIONS For the purposes of this Directive,    2.1. "Behaviour of the steering mechanism in the event of an impact" shall mean the behaviour of this mechanism under the effect of two types of force, i.e.:      2.1.1. those resulting from a frontal collision which may produce displacement towards the rear of the steering column,           2.1.2. those due to the inertia of the mass of the driver in the event of an impact against the steering column in a frontal collision.                  2.2. "Vehicle type" means a category of motor vehicles which do not differ in such essential respects as:      2.2.1. the structure, dimensions, lines and constituent materials of that part of the vehicle forward of the steering control;           2.2.2. the maximum permissible weight of the vehicle.                  2.3. "Steering control" means the steering device, usually the steering wheel, which is actuated by the driver.       2.4. "Steering column" means the housing enclosing the steering shaft.       2.5. "Steering shaft" means the component which transmits to the steering gear housing the torque applied to the steering control.       2.6. "Steering mechanism" means the aggregate comprising the steering control, the steering column, the assembly accessories, the steering shaft, the steering gear housing, and all other components such as those designed to contribute to the absorption of energy in the event of impact against the steering wheel.       2.7. "Forward control" means a configuration in which more than half of the engine length is rearward of the foremost point of the windshield base and the steering wheel hub is in the forward quarter of the vehicle length.        3. APPLICATION FOR EEC TYPE-APPROVAL    3.1. The application for EEC approval of a vehicle type shall be submitted by the manufacturer or by his representative.       3.2. It shall be accompanied by the undermentioned documents in triplicate and the following particulars:      3.2.1. a detailed description of the vehicle type with respect to the structure, the dimensions, the lines and the constituent materials of that part of the vehicle forward of the steering control;           3.2.2. drawings, on an appropriate scale and in sufficient detail, of the steering mechanism and of its attachment to the vehicle chassis and body ; and  (*) The text of the Annexes is essentially the same, with the exception of item 2.1, as that of Regulation No 12 of the United Nations Economic Commission for Europe ; in particular the subdivision of the sections is the same ; where an item of Regulation No 12 has no corresponding item in these Annexes its number is shown for the record in brackets.            3.2.3. a technical description of the mechanism.                  3.3. The following must be submitted to the technical service responsible for conducting the approval tests:      3.3.1. a vehicle which is representative of the vehicle type to be approved, for the test referred to in item 5.1,           3.3.2. at the manufacturer's discretion, either a second vehicle, or those parts of the vehicle regarded as essential for the test referred to in item 5.2.                   4. EEC TYPE-APPROVAL   (4.1.)   (4.2.)   4.3. A form conforming to the model set out in Annex IV shall be attached to the EEC type-approval certificate.  (4.4.)   (4.5.)   (4.6.)    5. SPECIFICATIONS    5.1. When the unladen car without a dummy is collision-tested against a barrier at a speed of 48 73 km/h, the top of the steering column and its shaft shall not move backwards, horizontally and parallel to the longitudinal axis of the vehicle, by more than 12.7 cm in relation to a point of the vehicle not affected by the impact, the distance being determined by dynamic measurement.       5.2. When the steering control is struck by a body block released against this control at a relative speed of at least 24 71 km/h ; the force exerted on the "chest" of the body block by the steering control shall not exceed 1 111 daN.    5.2.1. The steering control shall be so designed, constructed and fitted as not to comprise either any dangerous roughness or sharp edges likely to increase the danger or severity of injuries to the driver in the event of impact.       5.2.2. The steering control shall be so designed, constructed and fitted as not to embody components or accessories, including the horn control and assembly accessories, capable of catching in the driver's clothing or jewellery in normal driving movements.   6. TESTS  Compliance with the requirements of item 5 shall be checked in accordance with the methods set out in Annexes II and III.  7. CONFORMITY OF PRODUCTION   (7.1.)   7.2. In order to verify conformity, a sufficient number of production vehicles shall be subjected to random checks.  7.3. As a general rule the checks as aforesaid shall be confined to the taking of measurements. However, if necessary, the vehicles shall be subjected to the test prescribed in item 5.  (8.)    (9.)           ANNEX II FRONTAL IMPACT TEST AGAINST A BARRIER    1. PURPOSE  The purpose of this test is to verify whether the vehicle satisfies the requirements set forth in item 5.1 of Annex I.       2. INSTALLATIONS, PROCEDURES AND MEASURING INSTRUMENTS      2.1. Testing site  The test area must be large enough to accommodate the run-up track, barrier and technical installations necessary for the test. The last part of the track, for at least 5 m before the barrier must be horizontal, flat and stabilized.           2.2. Barrier  The barrier shall consist of a block of reinforced concrete at least 3 m wide, at least 1.5 m high and at least 0.6 m thick. The collision wall must be perpendicular to the last part of the run-up track and be covered with plywood 2 cm thick. At least 90 metric tons of earth must be banked up behind the concrete block. The concrete and earth barrier may be replaced by obstacles, having the same frontal area and producing equivalent results.           2.3. Propulsion of vehicle  At the moment of impact the vehicle must be moving freely as a result of its propulsion. It must reach the obstacle on a course perpendicular to the collision wall ; the maximum lateral disalignment tolerated between the vertical median line of the front of the vehicle and the vertical median line of the collision wall is ± 30 cm.           2.4. State of vehicle  During the test, the vehicle must be fitted with all its normal parts and equipment. In addition, objects in the passenger compartment must not accidentally strike the steering wheel (tip-up driver's seat, rear seat cushion, etc.).           2.5. Speed  The speed at the time of impact must be between 48 73 km/h and 53 71 km/h.           2.6. Measuring instruments          2.6.1. The instrument used to record the measurements referred to in item 3.1 must have the following degrees of accuracy:        2.6.1.1. speed of vehicle : within 1/100,               2.6.1.2. time recording : within 1/1000 second,               2.6.1.3. the beginning of the impact (zero point) at the moment of first contact of the vehicle with the obstacle, shall be reproduced on the recordings and films used for evaluating the test.                          2.6.2. The distance referred to in item 3.1 must be measured to within ± 5 mm.                3. RESULTS      3.1. To determine the rearward movement of the steering control, a recording shall be made (1), during the collision, of the variation in the distance - measured horizontally and parallel to the longitudinal axis of the vehicle - between the top of the steering column (and shaft) and a point on the vehicle which is not affected by the impact. If the speed measured is higher than the nominal speed of 48 73 km/h, this displacement shall be reduced to the corrected value appropriate to the nominal speed by multiplying it by the square of the ratio between this nominal speed and the speed measured.           3.2. After the test, the damage sustained by the vehicle shall be described in a written report ; at least one photograph must be taken of each of the following views of the vehicle:        3.2.1. sides (right and left),               3.2.2. front,               3.2.3. bottom,               3.2.4. affected area inside the passenger compartment.                                 4. EQUIVALENT TEST METHODS    Equivalent non-destructive test methods are permitted, provided that the results referred to in item 3 can be obtained either entirely by means of the substitute test, or by calculation from the results of the substitute test. If a method other than that described in items 2 and 3 is used, its equivalence must be demonstrated.  (1)This recording may be replaced by maximum and minimum measurements.      ANNEX III TEST FOR ENERGY ABSORPTION CAPACITY IN THE EVENT OF IMPACT AGAINST THE STEERING CONTROL    1. PURPOSE  The purpose of the test is to verify whether the vehicle meets the requirements set forth in item 5.2 of Annex I.       2. INSTALLATIONS, PROCEDURES AND MEASURING INSTRUMENTS      2.1. Mounting of the steering control        2.1.1. The control shall be mounted on the front section of the vehicle obtained by cutting the body transversely at the level of the front seats, and possibly eliminating the roof, windscreen and doors. This section shall be fixed rigidly to the test bench, so that it does not move under the impact of the body block.               2.1.2. However, at the request of the manufacturer, the steering control may be mounted on a framework simulating the mounting of the steering mechanism, provided that as compared with the real "front body section and steering" the "framework and steering" assembly has:          2.1.2.1. the same geometrical lay-out,                   2.1.2.2. a greater rigidity.                                             2.2. During the first test, the steering control shall be turned so that its most rigid spoke is perpendicular to the point of contact with the body block ; if the steering control is a steering wheel, the test shall be repeated with the most flexible part of the steering wheel perpendicular to this point of contact. In the case of an adjustable steering control, both tests shall be made with the wheel adjusted to the middle position.           2.3. Body block  The body block shall have the shape, dimensions, weight and characteristics shown in the Appendix to this Annex.           2.4. Measurement of forces        2.4.1. Measurements shall be made of the maximum force, acting horizontally and parallel to the longitudinal axis of the vehicle, applied to the body block as a result of impact against the steering control.               2.4.2. This force may be measured directly or indirectly, or may be calculated from values measured during the test.                          2.5. Propulsion of the body block  Any method of propulsion may be used, provided that when the body block strikes the steering control it is free from all connection with the propelling device. The body block must strike this control after an approximately straight trajectory, parallel to the longitudinal axis of the front section of the car. The initial contact of the body block with the steering control must take place at the point where contact will normally occur when a man weighing 75 73 kg and having a height of 1 773 m (1), occupying the driver's seat of the vehicle (set at the most forward position), is thrown forward, parallel to the longitudinal axis of the vehicle until he touches the steering wheel.           2.6. Speed  The body block must strike the steering control at a speed of at least 24 71 km/h and as near to this speed as possible.  (1)These dimensions correspond to the 50th percentile body block with the specifications of the National Centre for Health Statistics, series 11, No 8, United States of America Centre for Health, Education and Welfare, 12 May 1967.            2.7. Measuring instruments           2.7.1. The instrument used to record the measurements referred to in item 3 72 below must have the following degrees of accuracy:        2.7.1.1. speed-of body block : within 2/100,               2.7.1.2. time recording : within 1/1000 second,               2.7.1.3. the beginning of the impact (zero point) at the moment of first contact of the body block with the steering control shall be reproduced on the recordings and films used for evaluating the test,               2.7.1.4. measurement of force : the measuring range shall be 3 920 daN. The force must be recorded without distortion for phenomena having frequencies up to 1 000 cycles, with an accuracy of 2 75 % of the maximum measuring range or ± 5 % of the real value,               2.7.1.5. transverse sensitivity : below 5 % of the measuring range.                                3. RESULTS      3.1. After the test, the damage sustained by the steering mechanism shall be ascertained and described in a written report ; at least one side view and one front view of the "steering control/steering column/instrument panel" area shall be photographed.           3.2. A recording shall be made, during the collision, of the total forces applied to the chest of the body block by the steering control, measured as described in item 2.7.                  4. EQUIVALENT TEST METHODS   Equivalent non-destructive test methods are permitted, provided that the results referred to in item 3 can be obtained either entirely by means of the substitute test, or by calculation from the results of the substitute test. If a method other than that described in items 2 and 3 is used, its equivalence must be demonstrated.     Appendix to Annex III BODY BLOCK >PIC FILE= "T0006091">      ANNEX IV >PIC FILE= "T0006092">


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31991L0630

Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards fo the protection of pigs

Official Journal L 340 , 11/12/1991 P. 0033 - 0038 Finnish special edition: Chapter 3 Volume 39 P. 0202  Swedish special edition: Chapter 3 Volume 39 P. 0202

COUNCIL DIRECTIVEof 19 November 1991laying down minimum  standards for the protection of pigs(91/630/EEC)THE 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), Having regard to the opinion of the Economic and Social Committee (3), Whereas all Member States have ratified the European Convention on the protection of animals kept  for farming purposes; whereas the Community has also approved this Convention by Decision  78/923/EEC (4) and has deposited its instrument of approval; Whereas the European Parliament, in its resolution of 20 February 1987 on animal welfare policy  (5), called on the Commission to make proposals on minimum standards for the intensive farming of  pigs; Whereas pigs, being live animals, are included in the list of products set out in Annex II of the  Treaty; Whereas the keeping of pigs is an integral part of agriculture; whereas it constitutes a source of  revenue for part of the agricultural population; Whereas differences which may distort conditions of competition interfere with the smooth running  of the organization of the common market in pigs and pig products; Whereas there is therefore a need to establish common minimum standards for the protection of pigs  kept for rearing and fattening in order to ensure rational development of production; Whereas it is necessary for official services, producers, consumers and others to be kept informed  of developments in this field; whereas the Commission should therefore, on the basis of a report  from the Scientific Veterinary Committee, pursue actively scientific research into the best  pig-rearing system(s) from the point of view of pig welfare; whereas provision should accordingly  be made for an interim period to enable the Commission to complete this task successfully, HAS ADOPTED THIS DIRECTIVE: Article 1This Directive lays down the minimum standards for the protection of  pigs confined for rearing and fattening. Article 2For the purposes of this Directive, the following definitions shall apply:  1.  'pig`: an animal of the porcine species, of any age, kept for breeding or fattening;  2. 'boar`: a male pig after puberty, intended for breeding;  3. 'gilt`: a female pig after puberty and before farrowing;  4. 'sow`: a female pig after the first farrowing;  5. 'farrowing sow`: a female pig between the perinatal period and the weaning of the piglets;  6. 'dry pregnant sow`: a sow between weaning her piglets and the perinatal period;  7. 'piglet`: a pig from birth to weaning;  8. 'weaner`: a pig from weaning to the age of ten weeks;  9. 'rearing pig`: a pig from ten weeks to slaughter or service; 10. 'competent authority`: a competent authority within the meaning of Article 2 (6), of Directive  90/425/EEC (6). Article 3Member States shall ensure that: 1.  - from 1 January 1994, all holdings newly-built or rebuilt and/or brought into use for the  first time after that date shall comply with at least the following requirement: the unobstructed floor area available to each weaner or rearing pig reared in a group must be at  least: - 0,15 m$ for a pig of an average weight of 10 kg or less, - 0,20 m$ for a pig of an average weight of between 10 kg and 20 kg, - 0,30 m$ for a pig of an average weight of between 20 kg and 30 kg, - 0,40 m$ for a pig of an average weight of between 30 kg and 50 kg, - 0,55 m$ for a pig of an average weight of between 50 kg and 85 kg, - 0,65 m$ for a pig of an average weight of between 85 kg and 110 kg, - 1,00 m$ for a pig of an average weight of more than 110 kg; - from 1 January 1998, the minimum standards provided for above shall apply to all holdings; 2.  the construction or conversion of installations in which sows and gilts are tethered shall be  prohibited after 31 December 1995. However, the use of installations built prior to 1 January 1996 which do not meet the requirements  of point 1 may be authorized by the competent authority in the light of the results of the  inspections provided for in Article 7 (1), for a period which shall under no circumstances extend  beyond 31 December 2005. The provisions of this Article shall not apply to holdings with fewer than six pigs or five sows  with their piglets. Article 41.  Member States shall ensure that the conditions for rearing pigs comply with the  general provisions laid down in the Annex. However, until 30 June 1995, the Member States' competent authorities may authorize derogations  from paragraphs 3, 5, 8 and 11 of Chapter I of the Annex. 2.  Moreover, before this Directive enters into force, the Commission, in cooperation with the  Member States, shall issue a recommendation defining any additional minimum standards for the  protection of pigs supplementing those in the Annex. Article 5The provisions of the Annex may be amended in accordance with the procedure laid down  in Article 10, in order to take account of scientific progress. Article 6By 1 October 1997, the Commission shall submit to the Council a report, drawn up on the  basis of an opinion from the Scientific Veterinary Committee, on the intensive pig-rearing  system(s) which comply with the welfare requirements of pigs from the pathological, zootechnical,  physiological and behavioural points of view and on the socio-economic implications of the  different systems. The report shall particularly take into account the welfare of sows reared in  varying degrees of confinement and in groups and shall be accompanied by appropriate proposals  which take account of the conclusions of the report. The Council shall act by qualified majority on those proposals no later than three months after  their submission. Article 71.  Member States shall ensure that inspections are carried out under the  responsibility of the competent authority in order to check that the provisions of this Directive  and its Annex are being complied with. These inspections, which may be carried out on the occasion of checks made for other purposes,  shall each year cover a statistically representative sample of the different rearing systems used  in each Member State. 2.  The Commission shall, in accordance with the procedure laid down in Article 10, draw up a code  of rules to be applied in carrying out the inspections provided for in paragraph 1. 3.  Every two years, by the last working day in April and for the first time by 30 April 1996,  Member States shall inform the Commission of the results of the inspections carried out during the  previous two years in accordance with this Article, including the number of inspections carried out  in proportion to the number of holdings in their territory. Article 8Animals imported from non-member countries must, with respect to the requirements for  their welfare, whilst being reared, receive treatment at least equivalent to that guaranteed by  this Directive to animals of Community origin. This requirement must be stated in a certificate  issued by the competent authority of the non-member country concerned. Article 9Veterinary experts from the Commission may, where necessary for the uniform application  of this Directive, carry out on-the-spot checks in cooperation with the competent authorities. The  persons carrying out these checks shall implement the special personal hygiene measures necessary  to exclude any risk of transmission of disease. The Member State in the territory of which a check is being carried out shall give all necessary  assistance to the experts in carrying out their duties. The Commission shall inform the competent  authority of the Member State concerned of the results of the checks. The competent authority of the Member State concerned shall take any measures which may prove  necessary to take account of the results of the check. With regard to relations with non-member countries, the provisions of Chapter III of Directive  91/496/EEC (1) shall apply. General rules for the application of this Article shall be adopted in accordance with the procedure  laid down in Article 10. Article 101.  Where the procedure laid down in this Article is to be followed, the chairman  shall refer the matter without delay to the Standing Veterinary Committee set up by Directive  68/361/EEC (2), hereinafter referred to as the 'Committee`, either on his own initiative or at the  request of the representative of a Member State. 2.  The representative of the Commission shall submit to the Committee a draft of the measures to  be taken. The Committee shall deliver its opinion on the draft within a time limit which the  chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the Committee shall be weighted in the manner set out in that Article. The chairman  shall not vote. 3.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of  the Committee. 4.  If the measures envisaged are not in accordance with the opinion of the Committee, or if no  opinion is delivered, the Commission shall without delay submit to the Council a proposal relating  to the measures to be taken. The Council shall act by a qualified majority. If, within three months of the date of referral to the Council, the Council has not acted, the  proposed measures shall be adopted by the Commission except where the Council has decided against  the measures by a simple majority. Article 111.  Member States shall bring into force the laws, regulations and administrative  provisions, including any sanctions, necessary to comply with this Directive not later than 1  January 1994. They shall forthwith inform the Commission thereof. Where Member States adopt these provisions, the latter shall include a reference to this Directive  or shall be accompanied by such a reference on their official publication. The details of this  reference shall be adopted by the Member States. 2.  However, from the date set in paragraph 1, Member States may, in compliance with the general  rules of the Treaty, maintain or apply within their territories stricter provisions for the  protection of pigs than those laid down in this Directive. They shall inform the Commission of any  such measures. Article 12This Directive is addressed to the Member States. Done at Brussels, 19 November 1991. For the CouncilThe PresidentP. BUKMAN(1) OJ N° C 214, 21. 8. 1989, p. 31. (2) OJ N° C 113, 7. 5. 1990, p. 183. (3) OJ N° C 62, 12. 3. 1990, p. 40. (4) OJ N° L 323, 17. 11. 1978, p. 12. (5) OJ N° C 76, 23. 3. 1987, p. 185. (6) OJ N° L 224, 18. 8. 1990, p. 29. Directive as last amended by Directive 91/496/EEC (OJ N° L  268, 24. 9. 1991, p. 56). (1) OJ N° L 268, 24. 9. 1991, p. 56. (2) OJ No 255, 18. 10. 1968, p. 23.  ANNEX CHAPTER I GENERAL CONDITIONS  1.  Materials used for the construction of housing,  particularly stalls and equipment with which the pigs may come into contact, must not be harmful to  the pigs and must be capable of being thoroughly cleaned and disinfected.  2. Until Community rules are laid down on the matter, electrical circuits and equipment must be  installed in accordance with national rules in force so as to avoid electric shocks.  3. Insulation, heating and ventilation of the building must ensure that air circulation, dust level,  temperature, relative air humidity and gas concentrations are kept within limits which are not  harmful to the pigs.  4. All automated or mechanical equipment essential for the pigs' health and welfare must be inspected  at least once daily. Where defects are discovered, these must be rectified immediately or, if this  is impossible, appropriate steps must be taken to safeguard the health and well-being of the pigs  until the defect has been rectified, notably by using alternative methods of feeding and  maintaining a satisfactory environment. Where an artificial ventilation system is used, provision  must be made for an appropriate back-up system to guarantee sufficient air renewal to preserve the  health and well-being of the pigs in the event of failure of the system, and an alarm system must  be provided to warn the stock-keeper of the failure. The alarm system must be tested regularly.  5. Pigs must not be kept permanently in darkness. To meet their behavioural and physiological needs,  provision must be made, allowing for the different climatic conditions in the Member States, for  appropriate natural or artificial lighting; if the latter, it must function for a period at least  equivalent to the period of natural light normally available between 9 a.m. and 5 p.m. In addition,  suitable lighting (fixed or portable) strong enough to allow the pigs to be inspected at any time  must be available.  6. All pigs reared in groups or in stalls must be inspected by the owner or the person responsible for  the animals at least once a day. Any pig which appears to be ill or injured must be treated  appropriately without delay. It should be possible, wherever necessary, to isolate sick or injured  pigs in adequate accommodation with dry, comfortable bedding. Veterinary advice must be obtained as  soon as possible for pigs which are not responding to the stock-keeper's care.  7. If pigs are kept together, measures must be taken to prevent fighting which goes beyond normal  behaviour. Pigs which show persistent aggression towards others or are victims of such aggression  must be isolated or kept separate from the group.  8. The accommodation for pigs must be constructed in such a way as to allow each pig to: - lie down, rest and stand up without difficulty, - have a clean place in which it can rest, - see other pigs.  9. Where tethers are used, they must not cause injury to the pigs and must be inspected regularly and  adjusted as necessary to ensure a comfortable fit. Each tether shall be of sufficient length to  allow the pigs to move as stipulated in paragraph 8. The design must be such as to avoid, as far as  possible, any risk of strangulation or injury. 10. Housing, pens, equipment and utensils used for pigs must be properly cleaned and disinfected to  prevent cross-infection and the build-up of disease-carrying organisms. Faeces, urine and uneaten  or spilt food must be removed as often as necessary to reduce smell and avoid attracting flies or  rodents. 11. Floors must be smooth but not slippery so as to prevent injury to the pigs and so designed as not  to cause injury or suffering to pigs standing or lying on them. They must be suitable for the size  and weight of the pigs and form a rigid, even and stable surface. The lying area must be  comfortable, clean and adequately drained and must not adversely affect the pigs. Where bedding is  provided, this must be clean, dry and not harmful to the pigs. 12. All pigs must be provided with a diet appropriate to their age, weight and behavioural and  physiological needs, to promote a positive state of health and well-being. 13. All pigs must be fed at least once a day. Where pigs are housed in groups and not fed ad libitum,  or by an automatic feeding system, each pig must have access to the food at the same time as the  others in the group. 14.  All pigs over two weeks of age must have access to a sufficient quantity of fresh water or be  able to satisfy their fluid intake needs by drinking other liquids. 15. Feeding and watering equipment must be designed, constructed, placed and maintained so that  contamination of the pigs' feed and water is minimized. 16. In addition to the measures normally taken to prevent tail-biting and other vices and in order to  enable them to satisfy their behavioural needs, all pigs, taking into account environment and  stocking density, must be able to obtain straw or any other suitable material or object. CHAPTER II SPECIFIC PROVISIONS FOR VARIOUS CATEGORIES OF PIGS I.  BOARSBoar pens must be sited  and constructed so as to allow the boar to turn round and to hear, smell and see other pigs, and to  provide for clean resting areas. The lying area must be dry and comfortable. The minimum pen size  for an adult boar shall be 6 m$. However, a larger area must be provided where pens are used for  service. II. SOWS AND GILTS1.  Pregnant sows and gilts must, if necessary, be treated against external and  internal parasites. If they are placed in farrowing crates, pregnant sows and gilts must be  thoroughly cleaned. 2. They must be provided with a clean, adequately drained, comfortable lying area and must, if  necessary, be given suitable nesting material. 3. An unobstructed area behind the sow or gilt must be available for the ease of natural or assisted  farrowing. 4. Farrowing crates where sows are kept loose must have some means of protecting the piglets, such as  farrowing rails. III. PIGLETS1. If necessary, piglets must be provided with a source of heat and a solid, dry and comfortable lying  area away from the sow where all of them can rest at the same time. 2. Where a farrowing crate is used, the piglets must have sufficient space to be able to be suckled  without difficulty. 3. If practised, the castration of male pigs aged over four weeks may be carried out only under  anaesthetic by a veterinarian or a person qualified in accordance with national legislation. 4. Neither tail docking nor tooth clipping must be carried out routinely but only when there is  evidence, on the farm, that injuries to sows' teats or to other pigs' ears or tails have occurred  as a result of not carrying out these procedures. Where tooth clipping appears necessary, this must  be carried out within seven days of birth. 5. Piglets must not be weaned from the sow at less than three weeks of age unless the welfare or  health of the dam or piglets would otherwise be adversely affected. IV. WEANERS AND REARING PIGSPigs must be placed in groups as soon as possible after weaning. They  should be kept in stable groups with as little mixing as possible.