Avis juridique important

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31995L0028

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

Official Journal L 281 , 23/11/1995 P. 0001 - 0030

DIRECTIVE 95/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof  24 October 1995relating to the burning behaviour of materials used in the interior construction of  certain categories of motor vehicleTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE  EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189b of the Treaty (3), Whereas the internal market comprises an area without internal frontiers in which the free movement  of goods, persons, services and capital is ensured; whereas it is important to adopt measures to  that end; Whereas the technical requirements which certain vehicle categories must satisfy pursuant to  national law relate, inter alia, to the burning behaviour of materials used in the interior  construction of certain categories of motor vehicle; 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 order, in particular, to allow the EEC  type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on  the approximation of the laws of the Member States relating to the type-approval of motor vehicles  and their trailers (4), to be further implemented; Whereas this Directive will be one of the separate Directives of the EEC type-approval procedure  which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down  in Directive 70/156/EEC relating to vehicle systems, components and separate technical units shall  apply for the purposes of this Directive; Whereas it is appropriate to refer to Council Directive 77/649/EEC (5), which contains the  procedure for determining the position of the seating reference point (the 'R-point'); Whereas, with a view to ensuring occupant and road safety, it is important that the materials used  in the construction of the inside of bus and coach bodywork satisfy minimum requirements in order  to avoid or at least retard development of flames such that it allows occupants to evacuate the  vehicle in the event of fire; Whereas it is desirable to introduce alternative routes for the type-approval of vehicles as  systems pursuant to this Directive, i. e. either on the basis of tests of the burning behaviour of  the interior materials used in motor vehicles or on the basis of an EEC component type-approval for  each material and/or equipment such as seats, curtains, etc. to be fitted in the interior  construction of these vehicles whereby the correct installation of such approved materials and/or  equipment has to be checked, HAVE ADOPTED THIS DIRECTIVE: Article 1 For the purposes of this Directive: - 'vehicle': means any vehicle as defined in Article 2 of Directive 70/156/EEC, - 'component': means a device as defined in Article 2 of Directive 70/156/EEC. Article 2 Member States may not refuse: - EEC type-approval or national type-approval for a vehicle or refuse or prohibit the sale,  registration, entry into service or use of a vehicle on grounds relating to the burning behaviour  of materials used in the interior construction of its bodywork, - EEC type-approval or national type-approval for a component used in the interior construction of  the vehicle bodywork or prohibit its sale or use on grounds relating to the burning behaviour of  the materials used in its construction, if the relevant requirements set out in Annexes I, IV, V and VI to this Directive are satisfied. Article 3 1. Member States shall adopt and publish the laws, regulations are administrative  provisions necessary to comply with this Directive within 18 months of the date of its adoption.  They shall forthwith inform the Commission thereof. From the abovementioned date, Member States may no longer prohibit the initial entry into service  of vehicles or the sale or use of components complying with this Directive. They shall apply these provisions 48 months following the date of adoption of this Directive. 2. When Member States adopt these measures, they shall contain a reference to this Directive or  shall be accompanied by such reference on the occasion of their official publication. The method of  making such reference shall be laid down by Member States. Article 4 This Directive is addressed to the Member States. Done at Luxembourg, 24 October 1995. For the European ParliamentThe PresidentK. HAENSCHFor the CouncilThe PresidentL. ATIENZA  SERNALIST OF ANNEXESPageAnnex I: Scope, definitions, application for EEC  type-approval, granting of EEC type-approval, specifications, modifications of the type, conformity  of production, requirements concerning installation in the vehicle .  3Appendix: Model for the EEC component type-approval mark .  9Annex II: Information documents .  10Appendix 1: Information document (vehicle) .  10Appendix 2: Information document (component) .  13Annex III: EEC-type-approval certificates .  15Appendix 1: Type-approval certificate (vehicle) .  15Appendix 2: Type-approval certificate (component) .  17Annex IV: Test to determine the horizontal burning rate of materials .  19Annex V: Test to determine the melting behaviour of materials .  24Annex VI: Test to determine the vertical burning rate of materials .  27(1) OJ No C 154, 19. 6. 1992, p. 4. (2) OJ No C 332, 16. 12. 1992, p. 12. (3) Opinion of the European Parliament of 29 October 1992 (OJ No C 305, 23. 11. 1992, p. 109),  Council common position of 8 December 1994 (OJ No C 384, 31. 12. 1994, p. 1) and Decision of the  European Parliament of 15 June 1995 (OJ No C 166, 3. 7. 1995). (4) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by Commission Directive 93/81/EEC (OJ  No L 264, 23. 10. 1993, p. 49). (5) OJ No L 267, 19. 10. 1977, p. 1. Directive last amended by Commission Directive 90/630/EEC (OJ  No L 341, 6. 12. 1990, p. 20).  ANNEX I SCOPE, DEFINITIONS, APPLICATION FOR EEC TYPE-APPROVAL, GRANTING OF  EEC-TYPE-APPROVAL, SPECIFICATIONS, MODIFICATIONS OF THE TYPE, CONFORMITY OF PRODUCTION,  REQUIREMENTS CONCERNING INSTALLATION IN THE VEHICLE 1. ScopeThis Directive applies to the burning  behaviour (ignitability, burning rate and melting behaviour) of interior materials used in vehicles  of category M3 carrying more than 22 passengers, not being designed for standing passengers and  urban use (city buses). Member States which, prior to the date mentioned in Article 3 (1), third subparagraph of the  Directive, had legislation applying to vehicle categories other than that mentioned above may  continue to apply that legislation provided that they accept type-approval for other vehicle  categories which comply with the provisions of this Directive. 2. DefinitionsFor the purpose of this Directive: 2.1. 'Approval of a vehicle' means the approval of a vehicle type such as defined in point 2.2 with  regard to the burning behaviour of the interior components used in the passenger compartment. 2.2. 'Vehicle type' means vehicles which do not differ in such essential respects as: 2.2.1. The devices such as materials, seats, curtains, separation walls, etc. used in the passenger  compartment. 2.2.2. The mass of the devices used, in so far as they have an effect on the performance prescribed  in this Directive. 2.2.3. The optional arrangements or fittings in so far as they have no detrimental effect on the  performance prescribed in this Directive. 2.3. 'Approval of a component' means an approval for devices, such as materials, seats, curtains,  separation walls, etc. 2.4. 'Type of a component' means components which do not differ in such essential respects as: 2.4.1. the base material(s) (e. g. wool, plastic, rubber, blended materials). 2.4.2. the intended use (seat upholstery, roof lining, etc.). 2.4.3. the manufacturer's type designation. 2.4.4. the number of layers in the case of composite materials. 2.4.5. other characteristics in so far as they have an appreciable effect on the performance  prescribed in this Directive. 2.5. 'Passenger compartment' means the space for occupant accommodation (including bar, kitchen,  toilet, etc.), bounded by: - the roof, - the floor, - the side walls, - the doors, - the outside glazing, - the rear compartment bulkhead, or the plane of the rear seat back support, - at the driver's side of the longitudinal vertical median plane of the vehicle, the vertical  transversal plane through the driver's R-point as defined in Annex III to Directive 77/649/EEC, - at the opposite side of the longitudinal vertical median plane of the vehicle, the front  bulkhead. 2.6. 'Seat' means a structure which may or may not be integral with the vehicle structure, complete  with trim, intended to seat one adult person. The term covers both an individual seat or part of a  bench seat intended to seat one adult person. 2.7. 'Group of seats' means either a bench-type seat, or seats which are separate but side by side  (i. e. with the foremost anchorages of one seat in line with or forward of the rearmost anchorages  and in line with or behind the foremost anchorages of another seat) and which accommodate one or  more seated adult persons. 2.8. 'Bench seat' means a structure complete with trim, intended to seat more than one adult  person. 2.9. 'Burning rate' means the quotient of the burnt distance measured according to Annex IV and/or  VI to this Directive and the time taken to burn this distance. It is expressed in millimetres per  minute. 2.10. 'Composite material' means a material composed of several layers of similar or different  materials intimately held together at their surfaces by cementing, bonding, cladding, welding,  etc. When different materials are connected together intermittently (for example, by sewing,  high-frequency welting, riveting), such materials shall not be considered as composite materials. 2.11. 'Exposed face' means the side of a material which is facing towards the passenger compartment  when the material is mounted in the vehicle. 2.12. 'Upholstery' means the combination of interior padding and surface finish material which  together constitute the cushioning of the seat frame. 2.13. 'Interior lining(s)' means material(s) that (together) constitute(s) the surface finish and  substrate of a roof, wall or floor. 3. Application for EEC vehicle type-approval3.1. The application for EEC type-approval pursuant to  Article 3 (4) of Directive 70/156/EEC of a vehicle type with regard to the burning behaviour of the  materials used in the passenger compartment shall be submitted by the vehicle manufacturer. 3.2. A model of the information document is given in Annex II, Appendix 1. 3.3. The following must be submitted to the technical service responsible for conducting the  type-approval tests: 3.3.1. in the case of interior components without EEC type-approval: samples, the number of which  is specified in items 7.2, 7.3 and 7.4 below, of the components used in the vehicles, which are  representative of the type to be approved; 3.3.2. in the case of interior components already type-approved: the type approvals are to be  enclosed in the application for the vehicle type-approval; 3.3.3. a vehicle representative of the type to be approved. 4. Application for EEC component type-approval4.1. The application of EEC component type-approval  pursuant to Article 3 (4) of Directive 70/156/EEC for a type of interior material with regard to  its burning behaviour shall be submitted by the manufacturer. 4.2. A model for the information document is given in Annex II, Appendix 2. 4.3. The following must be submitted to the technical service responsible for conducting the  type-approval tests: 4.3.1. samples, the number of which is specified in items 7.2, 7.3 and 7.4 below. The samples shall  be clearly and indelibly marked with the applicant's trade name or mark and the type designation; 4.3.2. for devices such as seats, curtains, separation walls, etc., the samples specified in 4.3.1  plus one complete device as mentioned above. 5. Granting of EEC type-approval5.1. If the relevant requirements are satisfied, EEC type-approval  pursuant to Article 4 (3) and, if applicable, 4 (4), of Directive 70/156/EEC shall be granted. 5.2. A model for the EEC type-approval certificate is given in: 5.2.1. Annex III, Appendix 1 for applications referred to in 3.1. 5.2.2. Annex III, Appendix 2 for applications referred to in 4.1. 5.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to  each type of vehicle and to each type of component approved. The same Member State shall not assign  the same number to another type of vehicle or to another type of component. 6. Marking6.1. Every component conforming to a type approved under this Directive shall bear an  EEC type-approval mark. This mark shall consist of: 6.1.1. a rectangle surrounding the lower case letter 'e' followed by the distinguishing number or  letters of the Member State which has granted component type-approval: 1 for Germany2 for France3 for Italy4 for Netherlands5 for Sweden6 for Belgium9 for Spain11  for the United Kingdom12 for Austria13 for Luxembourg17 for Finland18 for Denmark21 for  Portugal23 for GreeceIRL for Ireland; 6.1.2. in the vicinity of the rectangle: 6.1.2.1. the base approval number contained in Section 4 of the type-approval number referred to in  Annex VII to Directive 70/156/EEC preceded by the two figures indicating the sequence number  assigned to the most recent major technical amendment to Directive . . ./. . ./EEC on the date EEC  component type-approval was granted. In this Directive the sequence number is 00 (unamended form of  the Directive); 6.1.2.2. symbols indicating the direction for which the burning rate has been determined: -  , . for the horizontal direction (Annex IV), -  - / for the vertical direction (Annex VI), -  , . - / for the horizontal and vertical direction (Annexes IV and VI); 6.1.2.3. the symbol  V indicating that the component has been approved according to its melting  behaviour (Annex V) and /or the symbol  CD indicating that the component has been approved as a  complete device, such as seats, separation walls, luggage racks, etc. 6.2. Where the seat has been approved as a component or where the cushion and the back of a seat or  bench seat are covered with the same material, it is sufficient if the mark appears only once per  seat or bench seat. 6.3. The mark must be affixed to the material in such a way as to be clearly legible and indelible  even if the material is installed in a vehicle. 6.4. A model for the EEC component type-approval mark is shown in the Appendix of this Annex. 7. Specifications7.1. The interior materials of the passenger compartment used in the vehicle to  be type-approved shall undergo one or more of the tests mentioned in Annexes IV, V and VI. 7.2. From the following material(s) five samples in the case of an isotropic material or 10 samples  in the case of a non-isotropic material (five for each direction), shall undergo the test described  in Annex IV to this Directive: - material(s) used for the upholstery of any seat and its accessories (including the driver's  seat), - material(s) used for the interior lining of the roof, - material(s) used for the interior lining of the side and rear walls, including separation walls, - material(s) with thermal and/or acoustic function, - material(s) used for the interior lining of the floor, - material(s) used for the interior lining of luggage-racks, heating and ventilation pipes, - material(s) used for the light fittings. Furthermore, one sample shall be submitted to the technical service for future reference purposes. 7.2.1. The result of the test shall be considered satisfactory if, taking the worst test results  into account, the horizontal burning rate is not more than 100 mm/minute or if the flame  extinguishes before reaching the last measuring point. 7.3. From the following material(s) four samples, for both faces (if they are not identical), shall  undergo the test described in Annex V: - material(s) used for the interior lining of the roof, - material(s) used for the interior lining of the luggage-racks, heating and ventilation pipes  situated in the roof, - material(s) used for the lights situated in the luggage-racks and/or roof. Furthermore, one sample shall be submitted to the technical services for future reference  purposes. 7.3.1. The result of the test shall be considered satisfactory if, taking the worst test results  into account, no drop is formed which ignites the cotton wool. 7.4. Three samples in the case of an isotropic material, or six samples in the case of a  non-isotropic material, of the material(s) used for the curtains and blinds (and/or other hanging  materials) shall undergo the test described in Annex VI. Furthermore, one sample shall be submitted to the technical service for future reference purposes. 7.4.1. The result of the test shall be considered satisfactory if, taking the worst test results  into account, the vertical burning rate is not more than 100 mm/minute. 7.5. Materials which are not required to undergo the tests described in Annexes IV to VI are: 7.5.1. parts made of metal or glass; 7.5.2. each individual seat accessory with a mass of non-metallic material less than 200 g. If the  total mass of these accessories exceeds 400 g of non-metallic material per seat, then each material  must be tested; 7.5.3. elements of which the surface area or the volume does not exceed respectively: 7.5.3.1. 100 cm² or 40 cm³ for the elements which are connected to an individual seating place; 7.5.3.2. 300 cm² or 120 cm³ per seat row and, at a maximum, per linear metre of the interior of the  passenger compartment for these elements which are distributed in the vehicle and which are not  connected to an individual seating place; 7.5.4. electric cables; 7.5.5. elements for which it is not possible to extract a sample in the prescribed dimensions as  specified in paragraph 3.1 of Annex IV, paragraph 3 of Annex V and paragraph 3.1 of Annex VI. 8. Modification of the vehicle and material type and amendments to these approvals8.1. In the case  of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of  Directive 70/156/EEC shall apply. 9. Conformity of production9.1. Measures to ensure the conformity of production shall be taken in  accordance with the provisions laid down in Article 10 of Directive 70/156/EEC. 10. Requirements concerning installation of materials and equipment in the vehicle and/or in the  devices approved as components10.1. The materials and/or equipment used in the passenger  compartment and/or in devices approved as components shall be so installed as to minimize the risk  of flame development and flame propagation. 10.2. Such interior materials and/or equipment shall only be installed in accordance with their  intended purposes and the test(s) which they have undergone (see 7.2, 7.3 and 7.4), especially in  relation to their burning and melting behaviour (horizontal/vertical direction). 10.3. Any adhesive agent used to affix the interior material to its supporting structure shall not,  as far as possible, exacerbate the burning behaviour of the material. Appendix Model for the EEC component type-approval mark>START OF GRAPHIC>>END OF GRAPHIC>The  above component type-approval mark shows that the interior material in question has been approved  in Germany (e1) pursuant to this Directive (00) under the approval number 2439. The first two  digits indicate that this component was approved according to the original form of this Directive.  The additional symbol  , - / . indicates that this type of material has been approved according to  its horizontal and vertical burning rate. The symbols  V and/or  CD indicate an approval according to Annex V and/or an approval as a  complete device such as seats, separation walls, etc. The additional symbols are only used if  applicable.  ANNEX II INFORMATION DOCUMENTS Appendix 1 Information document No . . . pursuant to Annex I of Council Directive 70/156/EEC relating to EEC type-approval of a vehicle with  respect to the burning behaviour of materials used in the interior construction of certain  categories of motor vehicle (Directive . ./. . ./EEC, as last amended by Directive . ./. .  ./EEC)The following information, if applicable, must be supplied in triplicate and include a list  of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4  paper or in a folder of the format. Photographs, if any, must show sufficient detail. If the systems, components or separate technical units have electronic controls, information  concerning their performance must be supplied. 0. GENERAL0.1. Make (trade name of manufacturer): . 0.2. Type and general commercial description(s): . 0.3. Means of identification of type, if marked on the vehicle: . 0.3.1. Location of that marking: . 0.4. Categroy of vehicle: . 0.5. Name and address of manufacturer: . 0.8. Address(es) of assembly plant(s): . 1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE1.1. Photographs and/or drawings of a  representative vehicle: 9. BODYWORK9.10. Interior fittings9.10.3. Seats9.10.3.1. Number: 9.10.7. Burning behaviour of materials used in the interior construction of certain categories of  motor vehicle9.10.7.1. Material(s) used for the interior lining of the roof9.10.7.1.1. Component  type-approval number(s), if available: 9.10.7.1.2. For materials or components not approved9.10.7.1.2.1. Base materials(s)/designation: .  . . / . . . 9.10.7.1.2.2. Composite/single (1) material, number of layers (1): 9.10.7.1.2.3. Type of coating (1): The item numbering and footnotes used in this information document correspond to those contained in  Annex I to Directive 70/156/EEC. Items which are not relevant to this Directive are omitted. 9.10.7.1.2.4. Maximum/minimum thickness: . . . mm9.10.7.2. Material(s) used for the rear and side  walls9.10.7.2.1. Component type-approval number(s), if available: 9.10.7.2.2. For materials not approved9.10.7.2.2.1. Base material(s)/designation: . . . . . ./. .  . . . . 9.10.7.2.2.2. Composite/single (1) material, number of layers (1): 9.10.7.2.2.3. Type of coating (1)9.10.7.2.2.4. Maximum/minimum thickness: . . . mm9.10.7.3.  Material(s) used for the floor9.10.7.3.1. Component type-approval number(s), if available: 9.10.7.3.2. For materials not approved9.10.7.3.2.1. Base material(s)/designation: . . ./. . . 9.10.7.3.2.2. Composite/single (1) material, number of layers (1): 9.10.7.3.2.3. Type of coating (1): 9.10.7.3.2.4. Maximum/minimum thickness . . . mm9.10.7.4. Material(s) used for the upholstery of  the seats9.10.7.4.1. Component type-approval number(s), if available: 9.10.7.4.2. For materials not approved9.10.7.4.2.1. Base material(s)/designation . . ./. . . 9.10.7.4.2.2. Composite/single (1) material, number of layers (1): 9.10.7.4.2.3. Type of coating (1): 9.10.7.4.2.4. Maximum/minimum thickness . . . mm9.10.7.5. Material(s) used for heating and  ventilation pipes9.10.7.5.1. Component type-approval number(s), if available: 9.10.7.5.2. For materials not approved9.10.7.5.2.1. Base material(s)/designation: . . ./. . . 9.10.7.5.2.2. Composite/single (1) material, number of layers (1): 9.10.7.5.2.3. Type of coating (1): 9.10.7.5.2.4. Maximum/minimum thickness . . . mm9.10.7.6. Material(s) used for luggage  racks9.10.7.6.1. Component type-approval number(s), if available: 9.10.7.6.2. For materials not approved9.10.7.6.2.1. Base material(s)/designation: . . ./. . . 9.10.7.6.2.2. Composite/single (1) material, number of layers (1): 9.10.7.6.2.3. Type of coating (1): 9.10.7.6.2.4. Maximum/minimum thickness . . . mm9.10.7.7. Material(s) used for other  purposes9.10.7.7.1. Intended purposes: 9.10.7.7.2. Component type-approval number(s), if available: 9.10.7.7.3. For materials not approved9.10.7.7.3.1. Base material(s)(designation: . . ./. . . 9.10.7.7.3.2. Composite/single (1) material, number of layers (1): 9.10.7.7.3.3. Type of coating (1): 9.10.7.7.3.4. Maximum/minimum thickness . . . mm9.10.7.8. Components approved as complete devices  (seats, separation walls, luggage racks, etc.)9.10.7.8.1. Component type-approval number(s): 9.10.7.8.2. For the complete device: seat, separation wall, luggage racks, etc. (1). Appendix 2 Information document No . . . relating to EEC component type-approval of interior materials for certain categories of motor  vehicles with respect to their burning behaviour (Directive . ./. . ./EEC, as last amended by  Directive . ./. . ./EEC)The following information, if applicable, must be supplied in triplicate  and include a list of contents. Any drawings must be supplied in appropriate scale and in  sufficient detail on size A4 paper or in a folder of that format. Photographs, if any, must show  sufficient detail. If the systems, components or separate technical units have electronic controls, information  concerning their performance must be supplied. 0. GENERAL0.1. Make (trade name of manufacturer): 0.2. Type and general commercial description(s): 0.5. Name and address of manufacturer: 0.7. In the case of components and separate technical units, location and method of affixing of the  EEC approval mark: 0.8. Address(es) of assembly plant(s): 1. INTERIOR MATERIALS1.1. Material(s) used for the interior lining of the roof1.1.1. Base  material(s)/designation: . . . / . . . 1.1.2. Composite/single (1) material, number of layers (1): 1.1.3. Type of coating (1): 1.1.4. Maximum/minimum thickness . . . mm1.1.5. Type-approval number, if available: 1.2. Material(s) used for the rear and side walls1.2.1. Base material(s)/designation: . . . / . .  . 1.2.2. Composite/single (1) material, number of layers (1): 1.2.3. Type of coating (1): 1.2.4. Maximum/minimum thickness . . . mm1.2.5. Type-approval number, if available: 1.3. Material(s) used for the floor1.3.1 Base material(s)/designation: . . . / . . . 1.3.2. Composite/single (1) material, number of layers (1): 1.3.3. Type of coating (1): 1.3.4. Maximum/minimum thickness . . . mm1.3.5. Type-approval number, if available: 1.4. Material(s) used for the upholstery of the seats: 1.4.1. Base material(s)/designation: . . . / . . . 1.4.2. Composite/single (1) material, number of layers (1): 1.4.3. Type of coating (1): 1.4.4. Maximum/minimum thickness . . . mm1.4.5. Type-approval number, if available: 1.5. Material(s) used for heating and ventilation pipes1.5.1. Base material(s)/designation: . . .  / . . . 1.5.2. Composite/single (1) material, number of layers (1): 1.5.3. Type of coating (1): 1.5.4. Maximum/minimum thickness . . . mm1.5.5. Type-approval number, if available: 1.6. Material(s) used for luggage racks1.6.1. Component and device type-approval number(s)1.6.2.  Base material(s)/designation: . . . / . . . 1.6.3. Type of coating (1): 1.6.4. Maximum/minimum thickness . . . mm1.6.5. Type-approval number, if available: 1.7. Materials used for other purpose(s)1.7.1. Intended purpose: 1.7.2. Base material(s)/designation: . . . / . . . 1.7.3. Composite/single (1) material, number of layers (1): 1.7.4. Type of coating (1): 1.7.5. Maximum/minimum thickness . . . mm1.7.6. Type-approval number, if available: (1) Delete where not applicable. (1) Delete where not applicable.  ANNEX III EEC TYPE-APPROVAL CERTIFICATES Appendix 1 MODEL(maximum format: A4 (210 ×  297 mm))EEC Type-approval certificateCommunication concerning the- type-approval (1)- extension  of type-approval (1)- refusal of type-approval (1)- withdrawal of type-approval (1)of a type of  vehicle/component/separate technical unit (1) with regard to Directive . . ./. . ./EEC. Type-approval number: Reason for extension: SECTION I0.1. Make (trade name of manufacturer): 0.2. Type and commercial description(s): 0.3. Means of identification of type if marked on the vehicle/component/separate technical unit (1)  (2): 0.3.1. Location of that marking: 0.4. Category of vehicle (3): 0.5. Name and address of manufacturer: 0.7. In the case of components and separate technical units, location and method of affixing of the  EEC approval mark: 0.8. Address(es) of assembly plant(s): SECTION II1. Additional information (where applicable): See Addendum2. Technical service  responsible for carrying out the tests: 3. Date of test report: 4. Number of test report: 5. Remarks (if any): See Addendum6. Place: 7. Date: 8. Signature: 9. The index to the information package lodged with the approval authority, which may be obtained  on request, is attached. Addendum to EEC type-approval certificate No . . . concerning the type-approval of a vehicle with  regard to Directive . ./. . ./EEC as last amended by Directive . ./. . ./EEC1. ADDITIONAL  INFORMATION1.1. Burning behaviour of materials used in the interior construction of certain  categories of motor vehicle1.1.1. Material(s) used for the interior lining of the roofComponent  and/or device type-approval number(s): orBase material(s)/designation: . . . / . . . 1.1.2. Material(s) used for the rear and side wallsComponent and/or device type-approval  number(s): orBase material(s)/designation: . . . / . . . 1.1.3. Material(s) used for the floorComponent and/or device type-approval number(s): orBase material(s)/designation: . . . / . . . 1.1.4. Material(s) used for the upholstery of the seatsComponent and/or device type-approval  number(s): orBase material(s)/designation: . . . / . . . 1.1.5. Material(s) used for heating and ventilation pipesComponent and/or device type-approval  number(s): orBase material(s)/designation: . . . / . . . 1.1.6. Material(s) used for luggage racksComponent and/or device type-approval number(s): orBase material(s)/designation: . . . / . . . 1.1.7. Material(s) used for other purposesIntended purpose(s): Component and/or device type-approval number(s): orBase material(s)/designation: . . . / . . . 1.1.8. Components approved as complete devicesComponent type-approval number: for a seat, separation wall, luggage rack, etc. (1) or specify5. Remarks: . . . . . . . . . . . .  . . Appendix 2 MODEL(maximum format: A4 (210 × 297 mm))EEC type-approval certificateCommunication  concerning the- type-approval (1)- extension of type-approval (1)- refusal of type-approval  (1)- withdrawal of type-approval (1)of a type of vehicle/component/separate technical unit (1)  with regard to Directive . . ./. . ./EEC. Type approval number: Reason for extension: SECTION I0.1. Make (trade name of manufacturer): 0.2. Type and commercial description(s): 0.3. Means of identification of type if marked on the vehicle/component/separate technical unit (1)  (2): 0.3.1. Location of that marking: 0.4. Category of vehicle (3): 0.5. Name and address of manufacturer: 0.7. In the case of components and separate technical units, location and method of affixing of the  EEC approval mark: 0.8. Address(es) of assembly plant(s): SECTION II1. Additional information (where applicable): See Addendum2. Technical service  responsible for carrying out the tests: 3. Date of the report: 4. Number of test report: 5. Remarks (if any): See Addendum6. Place: 7. Date: 8. Signature: 9. The index to the information package lodged with the approval authority, which may be obtained  on request, is attached. Addendum to EEC type-approval certificate No . . . concerning the type-approval of interior  materials with regard to Directive . ./. . ./EEC as last amended by Directive . . ./. . ./EEC1.  ADDITIONAL INFORMATION1.1. Material is suitable for installation- as roof lining (1)- as rear or  side wall lining (1)- as floor covering (1)- as seat upholstery (1) or covering (1)- as heating  and ventilation pipe (1)- as luggage rack (1)- for other purpose(s) (please specify): Components as complete devices (seats, separation walls, luggage racks, etc. (1) are suitable for  installation in M2/M3 vehicles (1). 1.2. Compliance with the burning rate requirements has been checked inthe horizontal ( ,  .)vertical ( - /)both horizontal and vertical direction(s) ( , - / .) (1). Compliance with the melting rate has been checked for components according Annex V, symbol  V. Compliance has been checked for components approved as complete devices, symbol  CD . 1.3. Any restrictions of use and installation requirements: 5. Remarks: (1) Delete where not applicable. (2) If the means of identification of type contains characters not relevant to the description of  the vehicle, component or separate technical unit types covered by this type-approval certificate  such characters shall be represented in the documentation by the symbol: '?' (e.g.: ABC?? 123??). (3) As defined in Annex IIA to Directive 70/156/EEC. (1) Delete where not applicable. (1) Delete where not applicable. (2) If the means of identification of type contains characters not relevant to the description of  the vehicle, component or separate technical unit types covered by this type-approval certificate  such characters shall be represented in the documentation by the symbol: '?' (e.g.: ABC?? 123??). (3) As defined in Annex IIA to Directive 70/156/EEC. (1) Delete where not applicable.  ANNEX IV TEST TO DETERMINE THE HORIZONTAL BURNING RATE OF MATERIALS 1. PrincipleA  sample is held horizontally in a U-shaped holder and is exposed to the action of a defined  low-energy flame for 15 seconds in a combustion chamber, the flame acting on the free end of the  sample. The test determines if and when the flame extinguishes or the time in which the flame  passes a measured distance. 2. Apparatus2.1. Combustion chamber (figure 1), preferably of stainless steel and having the  dimensions given in figure 2. The front of the chamber contains a flame-resistant observation  window, which may cover the front and which can be constructed as an access panel. The bottom of the chamber has vent holes, and the top has a vent slot all around. The combustion  chamber is placed on four feet, 10 mm high. The chamber may have a hole at one end for the introduction of the sample holder containing the  sample; in the opposite end, a hole is provided for the gas line. Melted material is caught in a  pan (see figure 3) which is placed on the bottom of the chamber between vent holes without covering  any vent hole area. >START OF GRAPHIC>>END OF GRAPHIC>Figure 1Example of combustion chamber with sample holder and  drip tray>START OF GRAPHIC>>END OF GRAPHIC>Figure 2Example of combustion chamber(Dimensions  in millimetres)>START OF GRAPHIC>>END OF GRAPHIC>Figure 3Typical drip pan(Dimensions in  millimetres)2.2. Sample holder, consisting of two U-shaped metal plates or frames of  corrosion-proof material. Dimensions are given in figure 4. The lower plate is equipped with pins, the upper one with corresponding holes in order to ensure a  consistent holding of the sample. The pins also serve as the measuring points at the beginning and  end of the burning distance. A support shall be provided in the form of 0,25 mm diameter heat resistant wires spanning the frame  at 25 mm intervals over the bottom U-shaped frame (see figure 5). The plane of the lower side of samples shall be 178 mm above the floor plate. The distance of the  front edge of the sample holder from the end of the chamber shall be 22 mm; the distance of the  longitudinal sides of the sample holder from the sides of the chamber shall be 50 mm (all inside  dimensions). (See figures 1 and 2). >START OF GRAPHIC>>END OF GRAPHIC>Figure 4Example of sample holder(Dimensions in millimetres)> START OF GRAPHIC>>END OF GRAPHIC>Figure 5Example of section of lower U-frame design for wire  support facility(Dimensions in millimetres)2.3. Gas burner. The small ignition source is provided  by a Bunsen burner having an inside diameter of 9,5 ± 0,5 mm. It is located in the test cabinet so  that the centre of its nozzle is 19 mm below the centre of the bottom edge of the open end of the  sample (see figure 2). 2.4. Test gas. The gas supplied to the burner shall have a calorific value near 38 MJ/m³ (for  example natural gas). 2.5. Metal comb, at least 110 mm in length, with seven to eight smooth rounded teeth per 25 mm. 2.6. Stop-watch, accurate to 0,5 seconds. 2.7. Fume cupboard. The combustion chamber may be placed in a fume cupboard assembly provided that  the internal volume is at least 20 times, but not more than 110 times, greater than the volume of  the combustion chamber and provided that no single height, width, or length dimension of the fume  cupboard is greater than 2 ½ times either of the other two dimensions. Before the test, the vertical velocity of the air through the fume cupboard shall be measured 100  mm in front of and behind the final position where the combustion chamber will be located. It shall  be between 0,10 and 0,30 m/s in order to avoid possible discomfort, by combustion products, to the  operator. It is possible to use a fume cupboard with a natural ventilation and an appropriate air  velocity. 3. Samples3.1. Shape and dimensions3.1.1. The shape and dimensions of samples are given in figure  6. The thickness of the sample corresponds to the thickness of the product to be tested. It shall  not be more than 13 mm. When taking the sample permits, the sample shall have a constant section  over its entire length. >START OF GRAPHIC>>END OF GRAPHIC>Figure 6Sample(Dimensions in millimetres)3.1.2. If the  shape and dimensions of a product do not permit taking a sample of the given size, the following  minimum dimensions shall be maintained: (a) for samples having a width of 3 to 60 mm, the length shall be 356 mm. In this case the material  is tested in the product's width; (b) for samples having a width of 60 to 100 mm, the length shall be at least 138 mm. In this case  the potential burning distance corresponds to the length of the sample, the measurement starting at  the first measuring point. 3.2. SamplingThe samples shall be taken from the material under test. In materials having  different burning rates in different material directions, each direction has to be tested. The  samples are to be taken and placed in the test apparatus so that the highest burning rate will be  measured. When the material is supplied in widths, a length of at least 500 mm shall be cut covering the  entire width. From this the samples shall be taken so as to be at least 100 mm from the material  edge and equidistant from each other. Samples shall be taken in the same way from finished products, when the shape of the product  permits. When the thickness of the product is more than 13 mm, it shall be reduced to 13 mm by a  mechanical process applied to the side which does not face the occupant compartment. If it is  impossible, the test shall be carried out, in accordance with the Technical Service, on the initial  width of the material which shall be mentioned in the test report. Composite materials (see point 2.10 of Annex I) shall be tested as if they were of uniform  construction. In the case of materials made of superimposed layers of different composition which are not  composite materials, all the layers of material included within a depth of 13 mm from the surface  facing towards the passenger compartment shall be tested individually. 3.3. ConditioningThe samples shall be conditioned for at least 24 hours but not more than 7 days  at a temperature of 23 ± 2 °C and a relative humidity of 50 ± 5 % and shall be maintained under  these conditions until immediately prior to testing. 4. Procedure4.1. Place samples with napped or tufted surfaces on a flat surface and comb twice  against the nap using the comb ( 2.5). 4.2. Place the sample in the sample holder (2.2) so that the exposed side will be downwards to the  flame. 4.3. Adjust the gas flame to a height of 38 mm using the mark in the chamber, the air intake of the  burner being closed. Before starting the first test, the flame shall burn at least for 1 min for  stabilization. 4.4. Push the sample-holder into the combustion chamber so that the end of the sample is exposed to  the flame, and after 15 seconds cut off the gas flow. 4.5. The measurement of the burning time starts at the moment when the foot of the flame passes the  first measuring point. Observe the flame propagation on the side burning faster than the other  (upper or lower side). 4.6. Measurement of burning time is completed when the flame has come to the last measuring point  or when the flame extinguishes before coming to the last measuring point. If the flame does not  reach the last measuring point, measure the burnt distance up to the point where the flame  extinguished. Burnt distance is the decomposed part of the sample, which is destroyed on its  surface or in the interior by burning. 4.7. In so far as the sample does not ignite or does not continue burning after the burner has been  extinguished, or when the flame extinguishes before reaching the first measuring point, so that no  burning time is measured note in the test report that the burning rate is 0 mm/min. 4.8. When running a series of tests or repeat tests, ensure that the combustion chamber and sample  holder have a maximum temperature of 30 °C before starting the next test. 5. CalculationThe burning rate, B (1), in millimetres per minute, is given by the formulaB =  >NUM>s >DEN>t × 60where: s is the burnt distance, in millimetres; t is the time, in seconds, to burn distance s. (1) The burning rate (B) for each sample is only calculated in the case where the flame  reaches the last measuring point or the end of the sample.  ANNEX V TEST TO DETERMINE THE MELTING BEHAVIOUR OF MATERIALS 1. PrincipleA sample is  placed in a horizontal position and is exposed to an electric radiator. A receptacle is positioned  under the specimen to collect the resultant drops. Some cotton wool is put in this receptacle in order to verify if any drop is flaming. 2. ApparatusThe apparatus shall consist of (figure 1): (a) an electric radiator; (b) a support for the sample with grill; (c) a receptacle (for resultant drops); (d) a support (for the apparatus). 2.1. The source of heat is an electric radiator with a useful output of 500 W. The radiating  surface must be made of a transparent quartz plate with a diameter of 100 ± 5 mm. The radiated heat from the apparatus, measured on a surface which is situated parallel to the  surface of the radiator at a distance of 30 mm, shall be 3 W/cm². 2.2. CalibrationFor calibration of the radiator, a heat flux meter (radiometer) of the Gardon  (foil) type with a design range not exceeding 10 W/cm² shall be used. The target receiving radiation, and possibly to a small extent convection, shall be flat, circular,  not more than 10 mm in diameter and coated with a durable matt black finish. The target shall be  contained within a watercooled body the front face of which shall be of highly polished metal,  flat, coinciding with the plane of the target and circular, with a diameter of about 25 mm. Radiation shall not pass through any window before reaching the target. The instrument shall be  robust, simple to set up and use, insensitive to draughts, and stable in calibration. The  instrument shall have an accuracy of within ± 3 % and a repeatability within 0,5 %. The calibration of the heat flux meter shall be checked whenever a recalibration of the radiator is  carried out, by comparison with an instrument held as a reference standard and not used for any  other purpose. The reference standard instrument shall be fully calibrated at yearly intervals in  accordance with a national standard. 2.2.1. Calibration checkThe irradiance produced by the power input which the initial calibration  has shown to correspond to an irradiance of 3 W/cm² shall be frequently checked (at least once  every 50 operating hours) and the apparatus shall be recalibrated if such a check reveals a  deviation greater than 0,06 W/cm². 2.2.2. Calibration procedureThe apparatus shall be placed in an environment essentially free of  air currents (not more than 0,2 m/s). Place the heat flux meter in the apparatus in the specimen position so that the target of the heat  flux meter is located centrally within the radiator surface. Switch on the electricity supply and establish the power input of the controller required to  produce irradiance at the centre of the radiator surface of 3 W/cm². Adjustment to the power unit  to record 3 W/cm² should be followed by a five minute-period without further adjustment to ensure  equilibrium. 2.3. The support for the samples shall be a metallic ring (figure 1). On top of this support a  grill, made of stainless steel-wire, is placed with the following dimensions: - interior diameter: 118 mm, - dimension of the holes: 2,10 mm square, - diameter of the steel-wire: 0,70 mm. 2.4. The receptacle shall consist of a cylindrical tube with an interior diameter of 118 mm and a  depth of 12 mm. The receptacle shall be filled with cotton wool. 2.5. A vertical column shall support the items specified in paragraph 2.1, 2.3 and 2.4. The radiator is placed on top of the support in a manner such that the radiating surface is  horizontal and the radiation is downwards. A lever/pedal shall be provided in the column to lift the support of the radiator slowly. It shall  also be provided with a catch in order to ensure that the radiator can be brought back in its  normal position. In their normal position, the axes of the radiator, the support for the sample and the receptacle  must coincide. 3. SamplesThe test samples shall measure: 70 mm x 70 mm. Samples shall be taken in the same way from finished products, when the shape of the product  permits. When the thickness of the product is more than 13 mm, it shall be reduced to 13 mm by a  mechanical process applied to the side which does not face the occupant compartment. If it is  impossible, the test shall be carried out, in accordance with the Technical Service, on the initial  width of the material which shall be mentioned in the test report. Composite materials (see 2.8 of Annex I) shall be tested as if they were of uniform construction. In the case of materials made of superimposed layers of different composition which are not  composite materials, all the layers of material included within a depth of 13 mm from the surface  facing towards the passenger compartment shall be tested individually. The total mass of the sample to be tested shall be at least 2 g. If the mass of one sample is less,  a sufficient number of samples shall be added. If the two faces of the material differ, both faces must be tested, which means that eight samples  are to be tested. The samples and the cotton wool shall be conditioned for at least 24 hours at a temperature 23 ± 2  ° C and a relative humidity of 50 ± 5 % and shall be maintained under these conditions until  immediately prior to testing. 4. ProcedureThe sample is placed on the support and the latter is so positioned that the distance  between the surface of the radiator and the upperside of the sample is 30 mm. The receptacle, including the cotton wool, is placed beneath the grill of the support at a distance  of 300 mm. The radiator is put aside, so that it cannot radiate on the sample, and switched on. When it is on  full capacity it is positioned above the sample and timing is started. If the material melts or deforms, the height of the radiator is modified to maintain the distance  of 30 mm. If the material ignites, the radiator is put aside three seconds afterwards. It is brought back in  position when the flame has extinguished and the same procedure is repeated as frequently as  necessary during the first five minutes of the test. After the fifth minute of the test: (i) If the sample has extinguished (whether or not it has ignited during the first five minutes of  the test) leave the radiator in position even if the sample reignites. (ii) If the material is flaming, await extinction before bringing the radiator into position  again. In either case, the test must be continued for an additional five minutes. 5. ResultsObserved phenomena shall be noted in the test-report, such as: - the fall of drops, if any, whether flaming or not, - if ignition of the cotton wool has taken place>START OF GRAPHIC>>END OF GRAPHIC>Figure  1(Dimensions in millimeters) ANNEX VI TEST TO DETERMINE THE VERTICAL BURNING RATE OF MATERIALS 1. PrincipleThis  test consists of exposing samples, held in a vertical position, to a flame and determining the  speed of propagation of the flame over the material to be tested. 2. ApparatusThe apparatus shall consist of: (a) a specimen holder; (b) a burner; (c) a ventilation system to extract gas and combustion products; (d) a template; (e) marker threads of white mercerized cotton threads having a maximum linear density of 50 tex. 2.1. The specimen holder shall consist of a rectangular frame 560 mm high and shall have two  rigidly connected parallel rods spaced 150 mm apart on which pins shall be fitted for mounting the  test specimen which is located in a plane at least 20 mm from the frame. The mounting pins shall be  not greater than 2 mm in diameter and at least 27 mm long. The pins shall be located on the  parallel rods at locations shown in figure 1. The frame shall be fitted onto a suitable support to  maintain the rods in a vertical orientation during testing. (For the purpose of locating the  specimen on the pins in a plane away from the frame, spacer stubs 2 mm in diameter may be provided  adjacent to the pins). 2.2. The burner is described in figure 3. The gas supplied to the burner can be either commercial propane gas or commercial butane gas. The burner shall be positioned in front of, but below, the specimen such that it lies in a plane  passing through the vertical centreline of the specimen and perpendicular to its face (see figure  2), such that the longitudinal axis is inclined upwards at 30 ° to the vertical towards the lower  edge of the specimen. The distance between the tip of the burner and the lower edge of the specimen  shall be 20 mm. 2.3. The test apparatus may be placed in a fume cupboard assembly provided that the internal volume  is at least 20 times, but not more than 110 times, greater than the volume of the test apparatus  and provided that no single height, width, or length dimension of the fume cupboard is greater than  2 ½ times either of the other two dimensions. Before the test, the vertical velocity of the air  through the fume cupboard shall be measured 100 mm in front of and behind the final position where  the test apparatus will be located. It shall be between 0,10 and 0,30 m/s in order to avoid  possible discomfort, by combustion products, to the operator. It is possible to use a fume cupboard  with a natural ventilation and an appropriate air velocity. 2.4. A flat rigid template made of suitable material and of a size corresponding to the size of the  specimen shall be used. Holes approximately 2 mm in diameter shall be drilled in the template and  positioned so that the distances between the centres of the holes correspond to the distances  between the pins on the frames (see figure 1). The holes shall be located equidistant about the  vertical centrelines of the template. 3. Samples3.1. The samples dimensions are: 560 x 170 mm. 3.2. The samples shall be conditioned for at least 24 hours at a temperature of 23 ± 2 °C and a  relative humidity of 50 ± 5 % and shall be maintained under these conditions until immediately  prior to testing. 4. Procedure4.1. The test shall be carried out in an atmosphere having a temperature between 10°  and 30 °C and a relative humidity between 15 % and 80 %. 4.2. The burner shall be preheated for 2 minutes. The flame height shall be adjusted to 40 ± 2 mm  measured as the distance between the top of the burner tube and the tip of the yellow part of the  flame when the burner is vertically oriented and the flame is viewed in dim light. 4.3. The specimen shall be placed on the pins of the test frame, making certain that the pins pass  through the points marked off from the template and that the specimen is at least 20 mm removed  from the frame. The frame shall be fitted on the support so that the specimen is vertical. 4.4. The marker threads shall be attached horizontally in front of the specimen at the locations  shown in figure 1. At each location, a loop of thread shall be mounted so that the two segments are  spaced 1 mm and 5 mm from the plane of the front of the specimen. Each loop shall be attached to a suitable timing device. Sufficient tension shall be imposed to the  thread to maintain its position relative to the specimen. 4.5. The flame shall be applied to the specimen for 5 seconds. Ignition shall be deemed to have  occurred if flaming of the specimen continues for 5 seconds after removal of the igniting flame. If  ignition does not occur, the flame shall be applied for 15 seconds to another conditioned  specimen. 4.6. If any result in any set of three specimens exceeds the minimum result by 50 %, another set of  three specimens shall be tested for that direction or face. If one or two specimens in any set of  three specimens fail to burn to the top marker thread, another set of three specimens shall be  tested for that direction or face. 4.7. The following times, in seconds, shall be measured: (a) from the start of the application of the igniting flame to the severance of the first marker  thread (t1); (b) from the start of the application of the igniting flame to the severance of the second marker  thread (ts); (c) from the start of the application of the igniting flame to the severance of the third marker  thread (t3). 5. ResultsThe observed phenomena shall be written down in the test-report, to include: - the durations of combustion: 1, t2 and t3 in seconds, - the corresponding burnt distances: d1, d2 and d3 in mm. The burning rate V1 and the rates V2 and V3, if applicable, shall be calculated (for each sample if  the flame reaches at least the first marker thread) as follows: vi =  >NUM>di >DEN>ti × 60 (mm/min)The highest burning rate of V1, V2 and V3 shall be taken into account. >START OF GRAPHIC>>END OF GRAPHIC>Figure 1Specimen holder(Dimensions in millimetres)>START OF  GRAPHIC>>END OF GRAPHIC>Figure 2Burner ignition location>START OF GRAPHIC>>END OF GRAPHIC> Figure 3Gas burner(Dimensions in millimetres)


title: Council Directive 2006/18/EC of  14 February 2006  amending Directive 77/388/EEC with regard to reduced rates of value added tax

text:
               22.2.2006

               EN

               Official Journal of the European Union

               L 51/12

      COUNCIL DIRECTIVE 2006/18/EC
   of 14 February 2006
   amending Directive 77/388/EEC with regard to reduced rates of value added tax
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 93 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 European Economic and Social Committee (2),
   Whereas:

               (1)

               The possibility of applying a reduced rate of value added tax should be granted in respect of supplies of district heating as for supplies of natural gas and electricity, for which the possibility of applying a reduced rate is already allowed in Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (3).

               (2)

               To achieve a better understanding of the impact of reduced rates, it is necessary for the Commission to prepare an assessment report on the impact of reduced rates applied to locally supplied services, notably in terms of job creation, economic growth and the proper functioning of the internal market.

               (3)

               The experiment of reduced rates for labour-intensive services should therefore be extended until 31 December 2010 and it should also be made possible for all Member States to take part in it under the same conditions.

               (4)

               Accordingly, Member States wishing to avail themselves, for the first time, of the option provided for in Article 28(6) of Directive 77/388/EEC and those wishing to amend the list of services to which they have applied the said provision in the past should submit a request to the Commission, together with the relevant particulars for the purpose of assessment. Such prior assessment by the Commission does not appear necessary where Member States have previously benefited from an authorisation and submitted a report on the matter to the Commission.

               (5)

               To ensure legal continuity, this Directive should be applicable as from 1 January 2006.

               (6)

               Implementation of this Directive in no way implies change in the legislative provisions of Member States,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directive 77/388/EEC is hereby amended as follows:

               1.

               Article 12 shall be amended as follows:

                           (a)

                           paragraph 3(b) shall be replaced by the following:

                                       ‘(b)

                                       Member States may apply a reduced rate to supplies of natural gas, electricity and district heating provided that no risk of distortion of competition exists. A Member State intending to apply such a rate must inform the Commission before doing so. The Commission shall give a decision on the existence of a risk of distortion of competition. If the Commission has not taken that decision within three months of the receipt of the information a risk of distortion of competition is deemed not to exist.’;

                           (b)

                           in paragraph 4, the following subparagraph shall be inserted:
                           ‘By 30 June 2007 at the latest the Commission shall present to the European Parliament and the Council an overall assessment report on the impact of reduced rates applying to locally supplied services, including restaurant services, notably in terms of job creation, economic growth and the proper functioning of the internal market, based on a study carried out by an independent economic think-tank.’;

               2.

               Article 28(6) shall be amended as follows:

                           (a)

                           the first subparagraph shall be replaced by the following:
                           ‘The Council, acting unanimously on a proposal from the Commission, may authorise any Member State to apply until 31 December 2010 at the latest the reduced rates provided for in the third subparagraph of Article 12(3)(a) to services listed in a maximum of two of the categories set out in Annex K. In exceptional cases, a Member State may be authorised to apply the reduced rates to services belonging to three of the aforementioned categories.’;

                           (b)

                           the fourth subparagraph shall be replaced by the following:
                           ‘Any Member State wishing to apply for the first time after 31 December 2005 a reduced rate to one or more of the services mentioned in the first subparagraph pursuant to this provision shall inform the Commission before 31 March 2006. It shall communicate to it before that date all relevant particulars concerning the new measures it wishes to introduce, and in particular the following:

                                       (a)

                                       scope of the measure and detailed description of the services concerned;

                                       (b)

                                       particulars showing that the conditions laid down in the second and third subparagraphs have been met;

                                       (c)

                                       particulars showing the budgetary cost of the measure envisaged.’

         Article 2
   This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall be applicable as from 1 January 2006.
   Article 3
   This Directive is addressed to the Member States.

      Done at Brussels, 14 February 2006.

            For the Council

            The President

         K.-H. GRASSER

      (1)  OJ C 89 E, 14.4.2004, p. 138.

      (2)  OJ C 32, 5.2.2004, p. 113.

      (3)  OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2005/92/EC (OJ L 345, 28.12.2005, p. 19).