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31992L0059

Council Directive 92/59/EEC of 29 June 1992 on general product safety

Official Journal L 228 , 11/08/1992 P. 0024 - 0032 Finnish special edition: Chapter 15 Volume 11 P. 0169  Swedish special edition: Chapter 15 Volume 11 P. 0169

COUNCIL DIRECTIVE 92/59/EEC of 29 June 1992 on general product safeteyTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission(1) ,  In cooperation with the European Parliament(2) ,  Having regard to the opinion of the Economic and Social Committee(3) ,  Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market is to comprise an area without internal frontiers in which the free movement  of goods, persons, services and capital is ensured;  Whereas some Member States have adopted horizontal legislation on product safety, imposing, in particular, a general obligation on economic operators to market only safe products; whereas those legislations differ in the level of protection afforded to  persons; whereas such disparities and the absence of horizontal legislation in other Member States are liable to create barriers to trade and distortions of competition within the internal market;  Whereas it is very difficult to adopt Community legislation for every product which exists or may be developed; whereas there is a need for a broadly-based, legislative framework of a horizontal nature to deal with those products, and also to cover  lacunae in existing or forthcoming specific legislation, in particular with a view to ensuring a high level of protection of safety and health of persons, as required by Article 100 a (3) of the Treaty;  Whereas it is therefore necessary to establish on a Community level a general safety requirement for any product placed on the market that is intended for consumers or likely to be used by consumers; whereas certain second-hand goods should nevertheless  be excluded by their nature;  Whereas production equipment, capital goods and other products used exclusively in the context of a trade or business are not covered by this Directive;  Whereas, in the absence of more specific safety provisions, within the framework of Community regulations, covering the products concerned, the provisions of this Directive are to apply;  Whereas when there are specific rules of Cummunity law, of the total harmonization type, and in particular rules adopted on the basis of the new approach, which lay down obligations regarding product safety, further obligations should not be imposed on  economic operators as regards the placing on the market of products covered by such rules;  Whereas, when the provisions of specific Community regulations cover only certain aspects of safety or categories of risks in respect of the product concerned, the obligations of economic operators in respect of such aspects are determined solely by  those provisions;  Whereas it is appropriate to supplement the duty to observe the general safety requirement by an obligation on economic operators to supply consumers with relevant information and adopt measures commensurate with the characteristics of the products,  enabling them to be informed of the risks that these products might present;  Whereas in the absence of specific regulations, criteria should be defined whereby product safety can be assessed;  Whereas Member States must establish authorities responsible for monitoring product safety and with powers to take the appropriate measures;  Whereas it is necessary in particular for the appropriate measures to include the power for Member States to organize, immediately and efficiently, the withdrawal of dangerous products already placed on the market;  Whereas it is necessary for the preservation of the unity of the market to inform the Commission of any measure restricting the placing on the market of a product or requiring its withdrawal from the market except for those relating to an event which is  local in effect and in any case limited to the territory of the Member State concerned; whereas such measures can be taken only in compliance with the provisions of the Treaty, and in particular Articles 30 to 36;  Whereas this Directive applies without prejudice to the notification procedures in Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations(4)  and in  Commission Decision 88/383/EEC of 24 February 1988 providing for the improvement of information on safety, hygiene and health at work(5) ;  Whereas effective supervision of product safety requires the setting-up at national and Community levels of a system of rapid exchange of information in emergency situations in respect of the safety of a product and whereas the procedure laid down by  Council Decision 89/45/EEC of 21 December 1988 on a Community system for the rapid exchange of information on dangers arising from the use of consumer products(6)  should therefore be incorporated into this Directive and the above Decision should be  repealed; whereas it is also advisable for this Directive to take over the detailed procedures adopted under the above Decision and to give the Commission, assisted by a committee, power to adapt them;  Whereas, moreover, equivalent notification procedures already exist for pharmaceuticals, which come under Directives 75/319/EEC(7)  and 81/851/EEC(8) , concerning animal diseases referred to in Directive 82/894/EEC(9) , for products of animal origin  covered by Directive 89/662/EEC(10) , and in the form of the system for the rapid exchange of information in radiological emergencies under Decision 87/600/Euratom(11) ;  Whereas it is primarily for Member States, in compliance with the Treaty and in particular with Articles 30 to 36 thereof, to take appropriate measures with regard to dangerous products located within their territory;  Whereas in such a situation the decision taken on a particular product could differ from one Member State to another; whereas such a difference may entail unacceptable disparities in consumer protection and constitute a barrier to intra-Community trade;   Whereas it may be necessary to cope with serious product-safety problems which affect or could affect, in the immediate future, all or a large part of the Community and which, in view of the nature of the safety problem posed by the product cannot be  dealt with effectively in a manner commensurate with the urgency of the problem under the procedures laid down in the specific rules of Community law applicable to the products or category of products in question;  Whereas it is therefore necessary to provide for an adequate mechanism allowing, in the last resort, for the adoption of measures applicable throughout the Community, in the form of a decision addressed to the Member States, in order to cope with  emergency situations as mentioned above; whereas such a decision is not of direct application to economic operators and must be incorporated into a national instrument; whereas measures adopted under such a procedure can be no more than interim measures  that have to be taken by the Commission assisted by a committee of representatives of the Member States; whereas, for reasons of cooperation with the Member States, it is appropriate to provide for a regulatory committee according to procedure III (b)  of Decision 87/373/EEC(12) ;  Whereas this Directive does not affect victims' rights within the meaning of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective  products(13) ;  Whereas it is necessary that Member States provide for appropriate means of redress before the competent courts in respect of measures taken by the competent authorities which restrict the placing on the market of a product or require its withdrawal;  Whereas it is appropriate to consider, in the light of experience, possible adaptation of this Directive, particularly as regards extension of its scope and provisions on emergency situations and intervention at Community level;  Whereas, in addition, the adoption of measures concerning imported products with a view to preventing risks to the safety and health of persons must comply with the Community's international obligations,    HAS ADOPTED THIS DIRECTIVE:  TITLE I Objective - Scope - Definitions   Article 1  1.  The purpose of the provisions of this Directive is to ensure that products placed on the market are safe.  2.  The provisions of this Directive shall apply in so far as there are no specific provisions in rules of Community law governing the safety of the products concerned.  In particular, where specific rules of Community law contain provisions imposing safety requirements on the products which they govern, the provisions of Articles 2 to 4 of this Directive shall not, in any event, apply to those products.  Where specific rules of Community law contain provisions governing only certain aspects of product safety or categories of risks for the products concerned, those are the provisions which shall apply to the products concerned with regard to the relevant  safety aspects or risks.  Article 2  For the purposes of this Directive:  (a) product shall mean any product intended for consumers or likely to be used by consumers, supplied whether for consideration or not in the course of a commercial activity and whether new, used or reconditioned.  However, this Directive shall not apply to second-hand products supplied as antiques or as products to be repaired or reconditioned prior to being used, provided that the supplier clearly informs the person to whom he supplies the product to that  effect;  (b) safe product shall mean any product which, under normal or reasonably foreseeable conditions of use, including duration, does not present any risk or only the minimum risks compatible with the product's use, considered as acceptable and consistent  with a high level of protection for the safety and health of persons, taking into account the following points in particular:  - the characteristics of the product, including its composition, packaging, instructions for assembly and maintenance,  - the effect on other products, where it is reasonably foreseeable that it will be used with other products,  - the presentation of the product, the labelling, any instructions for its use and disposal and any other indication or information provided by the producer,  - the categories of consumers at serious risk when using the product, in particular children.  The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product to be 'unsafe' or 'dangerous';  (c) dangerous product shall mean any product which does not meet the defintion of 'safe product' according to point (b) hereof;  (d) producer shall mean:  - the manufacturer of the product, when he is established in the Community, and any other person presenting himself as the manufacturer by affixing to the product his name, trade mark or other dinstinctive mark, or the person who reconditions the  product,  - the manufacturer's representative, when the manufacturer is not established in the Community or, if there is no representative established in the Community, the importer of the product,  - other professionals in the supply chain, insofar as their activities may affect the safety properties of a product placed on the market.  (e) distributor shall mean any professional in the supply chain whose activity does not affect the safety properties of a product.  TITLE II General safety requirement   Article 3  1.  Producers shall be obliged to place only safe products on the market.  2.  Within the limits of their respective activities, producers shall:  - provide consumers with the relevant information to enable them to assess the risks inherent in a product throughout the normal or reasonably foreseeable period of its use, where such risks are not immediately obvious without adequate warnings, and to  take precautions against those risks.  Provision of such warnings does not, however, exempt any person from compliance with the other requirements laid down in this Directive,  - adopt measures commensurate with the characteristics of the products which they supply, to enable them to be informed of risks which these products might present and to take appropriate action including, if necessary, withdrawing the product in  question from the market to avoid these risks.  The above measures shall for example include, whenever appropriate, marking of the products or product batches in such a way that they can be identified, sample testing of marketed products, investigating complaints made and keeping distributors  informed of such monitoring.  3.  Distributors shall be required to act with due care in order to help to ensure compliance with the general safety requirement, in particular by not supplying products which they know or should have presumed, on the basis of the information in their  possession and as professionals, do not comply with this requirement. In particular, within the limits of their respective activities, they shall participate in monitoring the safety of products placed on the market, especially by passing on information  on product risks and cooperating in the action taken to avoid these risks.  Article 4  1.  Where there are no specific Community provisions governing the safety of the products in question, a product shall be deemed safe when it conforms to the specific rules of national law of the Member State in whose territory the product is  in circulation, such rules being drawn up in conformity with the Treaty, and in particular Articles 30 and 36 thereof, and laying down the health and safety requirements which the product must satisfy in order to be marketed.  2.  In the absence of specific rules as referred to in paragraph 1, the conformity of a product to the general safety requirement shall be assessed having regard to voluntary national standards giving effect to a European standard or, where they exist,  to Community technical specifications or, failing these, to standards drawn up in the Member State in which the product is in circulation, or to the codes of good practice in respect of health and safety in the sector concerned or to the state of the  art and technology and to the safety which consumers may reasonably expect.  3.  Conformity of a product with the provisions mentioned in paragraphs 1 or 2 shall not bar the competent authorities of the Member States from taking appropriate measures to impose restrictions on its being placed on the market or to require its  withdrawal from the market where there is evidence that, despite such conformity, it is dangerous to the health and safety of consumers.  TITLE III Obligations and powers of the Member States   Article 5  Member States shall adopt the necessary laws, regulations and administrative provisions to make producers and distributors comply with their obligations under this Directive in such a way that products placed on the market are safe.  In particular, Member States shall establish or nominate authorities to monitor the compliance of products with the obligation to place only safe products on the market and arrange for such authorities to have the necessary powers to take the  appropriate measures incumbent upon them under this Directive, including the possibility of imposing suitable penalties in the event of failure to comply with the obligations deriving from this Directive. They shall notify the Commission of the said  authorities; the Commission shall pass on the information to the other Member States.  Article 6  1.  For the purposes of Article 5, Member States shall have the necessary powers, acting in accordance with the degree or risk and in conformity with the Treaty, and in particular Articles 30 and 36 thereof, to adopt appropriate measures with  a view, inter alia, to:  (a) organizing appropriate checks on the safety properties of products, even after their being placed on the market as being safe, on an adequate scale, up to the final stage of use or consumption;  (b) requiring all necessary information from the parties concerned;  (c) taking samples of a product or a product line and subjecting them to safety checks;  (d) subjecting product marketing to prior conditions designed to ensure product safety and requiring that suitable warnings be affixed regarding the risks which the product may present;  (e) making arrangements to ensure that persons who might be exposed to a risk from a product are informed in good time and in a suitable manner of the said risk by, inter alia, the publication of special warnings;  (f) temporarily prohibiting, for the period required to carry out the various checks, anyone from supplying, offering to supply or exhibiting a product or product batch, whenever there are precise and consistent indications that they are dangerous;  (g) prohibiting the placing on the market of a product or product batch which has proved dangerous and establishing the accompanying measures needed to ensure that the ban is complied with;  (h) organizing the effective and immediate withdrawal of a dangerous product or product batch already on the market and, if necessary, its destruction under appropriate conditions.  2.  The measures to be taken by the competent authorities of the Member States under this Article shall be addressed, as appropriate, to:  (a) the producer;  (b) within the limits of their respective activities, distributors and in particular the party responsible for the first stage of distribution on the national market;  (c) any other person, where necessary, with regard to cooperation in action taken to avoid risks arising from a product.  TITLE IV Notification and Exchanges of Information   Article 7  1.  Where a Member State takes measures which restrict the placing of a product or a product batch on the market or require its withdrawal from the market, such as provided for in Article 6 (1) (d) to (h), the Member State shall, to the  extent that such notification is not required under any specific Community legislation, inform the Commission of the said measures, specifying its reasons for adopting them. This obligation shall not apply where the measures relate to an event which is  local in effect and in any case limited to the territory of the Member State concerned.  2.  The Commission shall enter into consultations with the parties concerned as quickly as possible. Where the Commission concludes, after such consultations, that the measure is justified, it shall immediately inform the Member State which initiated  the action and the other Member States. Where the Commission concludes, after such consultations, that the measures is not justified, it shall immediately inform the Member State which initiated the action.  TITLE V Emergency situations and action at Community level   Article 8  1.  Where a Member State adopts or decides to adopt emergency measures to prevent, restrict or impose specific conditions on the possible marketing or use, within its own territory, of a product or product batch by reason of a serious and  immediate risk presented by the said product or product batch to the health and safety of consumers, it shall forthwith inform the Commission thereof, unless provision is made for this obligation in procedures of a similar nature in the context of other  Community instruments.  This obligation shall not apply if the effects of the risk do not, or cannot, go beyond the territory of the Member State concerned.  Without prejudice to the provisions of the first subparagraph, Member States may pass on to the Commission any information in their possession regarding the existence of a serious and immediate risk before deciding to adopt the measures in question.  2.  On receiving this information, the Commission shall check to see whether it complies with the provisions of this Directive and shall forward it to the other Member States, which, in turn, shall immediately inform the Commission of any measures  adopted.  3.  Detailed procedures for the Community information system described in this Article are set out in the Annex. They shall be adapted by the Commission in accordance with the procedure laid down in Article 11.  Article 9  If the Commission becomes aware, through notification given by the Member States or through information provided by them, in particular under Article 7 or Article 8, of the existence of a serious and immediate risk from a product to the  health and safety of consumers in various Member States and if:  (a) one or more Member States have adopted measures entailing restrictions on the marketing of the product or requiring its withdrawal from the market, such as those provided for in Article 6 (1) (d) to (h);  (b) Member States differ on the adoption of measures to deal with the risk in question;  (c) the risk cannot be dealt with, in view of the nature of the safety issue posed by the product and in a manner compatible with the urgency of the case, under the other procedures laid down by the specific Community legislation applicable to the  product or category of products concerned; and (d) the risk can be eliminated effectively only by adopting appropriate measures applicable at Community level, in order to ensure the protection of the health and safety of consumers and the proper functioning of the common market,  the Commission, after consulting the Member States and at the request of at least one of them, may adopt a decision, in accordance with the procedure laid down in Article 11, requiring Member States to take temporary measures from among those listed in  Article 6 (1) (d) to (h).  Article 10  1.  The Commission shall be assisted by a Committee on Product Safety Emergencies, hereinafter referred to as 'the Committee', composed of the representatives of the Member States and chaired by a representative of the Commission.  2.  Without prejudice to Article 9 (c), there shall be close cooperation between the Committee referred to in paragraph 1 and the other Committees established by specific rules of Community law to assist the Commission as regards the health and safety  aspects of the product concerned.  Article 11  1.  The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee, having verified that the conditions listed in Article 9 are fulfilled, shall deliver its opinion on the draft within a time  limit which the Chairman may lay down according to the urgency of the matter but which may not exceed one month. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty for adoption of decisions by the Council 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.  The Commission shall adopt the measures in question, if they are in accordance with the opinion of the Committee. If the measures proposed are not in accordance with the Committee's opinion, or in the absence of an opinion, the Commission shall  forthwith submit to the Council a proposal regarding the measures to be taken. The Council shall act by a qualified majority.  If the Council has not acted whtih 15 days of the date on which the proposal was submitted to it, the measures proposed shall be adopted by the Commission unless the Council has decided against them by a simple majority.  2.  Any measure adopted under this procedure shall be valid for no longer than tree months. That period may be prolonged under the dame procedure.  3.  Member States shall take all necessary measures to implement the decisions adopted under this procedures within less than 10 days.  4.  The competent authorities of the Member States responsible for carrying out measures adopted under this procedures shall, within one month, give the parties concerned an opportunity to submit their views and shall inform the Commission accordingly.   Article 12  The Member States and the Commission shall take the steps necessary to ensure that their officials and agents are required not to disclose information obtained for the purposes of this Directive which, by its nature, is covered by  professional secrecy, except for information relating to the safety propertiies of a given product which must be made public if circumstances so require, in order to protect the health and safety of persons.  TITLE VI Miscellaneous and final provisions   Article 13  This Directive shall be without prejudice to Directive 85/374/EEC.  Article 14  1.  Any decision adopted under this Directive and involving restrictions on the placing of a product on the market, or requiring its withdrawal from the market, must state the appropriate reasons on which it is based. It shall be notified as  soon as possible to the party concerned and shall indicate the remedies available under the provisions in force in the Member State in question and the time limits applying to such remedies.  The parties concerned shall, whenever feasible, be given an opportunity to submit their views before the adoption of the measure. If this has not been done in advance because of the urgency of the measures to be taken, such opportunity shall be given in  due course after the measure has been implemented.  Measures requiring the withdrawal of a product from the market shall take into consideration the need to encourage distributors, users and consumers to contribute to the implementation of such measures.  2.  Member States shall ensure that any measure taken by the competent authorities involving restrictions on the placing of a product on the market or requiring its withdrawal from the market can be challenged before the competent courts.  3.  Any decision taken by virtue of this Directive and involving restrictions on the placing of a product on the market or requiring its withdrawal from the market shall be entirely without prejudice to assessment of the liability of the party concernd,  in the light of the national criminal law applying in the case in question.  Article 15  Every two years following the date of adoption, the Commission shall submit a report on the implementation of this Directive to the European Parliament and the Council.  Article 16  Four years from the date referred to in Article 17 (1), on the basis of a Commission report on the experience acquired, together with appropriate proposals, the Council shall decide whether to adjust this Directive, in particular with a view  to extending its scope as laid down in Article 1 (1) and Article 2 (a), and whether the provisions of Title V should be amended.  Article 17  1.  Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by 29 June 1994 at the latest. They shall forthwith inform the Commission thereof. The provisions adopted shall apply  with effect from 29 June 1994.  2.  When these measures are adopted by the Member States, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such a referenc shall be laid down by  the Member States.  3.  Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the area covered by this Directive.  Article 18  Decision 89/45/EEC is hereby repealed on the date referred to in Article 17 (1).  Article 19  This Directive is addressed to the Member States.  Done at Luxembourg, 29 June 1992.  For the Council The President Carlos BORREGO     (1) OJ No C 156, 27. 6. 1990, p. 8.  (2) OJ No C 96, 17. 4. 1990, p. 283 and Decision of 11 June 1992 (not yet published in the Official Journal).  (3) OJ No C 75, 26. 3. 1990, p. 1.  (4)  OJ No L 109, 26. 4. 1983, p. 8 (5)  OJ No L 183, 14. 7. 1988, p. 34.  (6)  OJ No L 17, 21. 1. 1989, p. 51.  (7)  OJ No L 147, 9. 6. 1975, p. 13.  (8)  OJ No L 317, 6. 11. 1981, p. 1.  (9)  OJ No L 378, 31. 12. 1982, p. 58.  (10)  OJ No L 395, 30. 12. 1989, p. 13.  (11)  OJ No L 371, 30. 12. 1987, p. 76.  (12) OJ No L 197, 18. 7. 1987, p. 33.  (13) OJ No L 210, 7. 8. 1985, p. 29.    ANNEX   DETAILED PROCEDURES FOR THE APPLICATION OF THE COMMUNITY SYSTEM FOR THE RAPID EXCHANGE OF INFORMATION PROVIDED FOR IN ARTICLE 8   1. The system covers products placed on the market as defined in Article 2 (a) of this Directive.  Pharmaceuticals, which come under Directive 75/319/EEC and 81/851/EEC, and animals, to which Directive 82/894/EEC applies and products of animal origin, as far as they are covered by Directive 89/662/EEC, and the system for radiological emergencies  which covers widespread contamination of products (Decision 87/600/Euratom), are excluded, since they are covered by equivalent notification procedures.   2. The system is essentially aimed at a rapid exchange of information in the event of a serious and immediate risk to the health and safety of consumers. It is impossible to lay down specific criteria as to what, precisely, constitutes an immediate and  serious risk; in this regard, the national authorities will therefore judge each individual case on its merits. It should be noted that, as Article 8 of this Directive relates to immediate threats posed by a product to consumers, products involving  possible long-term risks, which call for a study of possible technical changes by means of directives or standards are not concerned.   3. As soon as a serious and immediate risk is detected, the national authority shall consult, insofar as possible and appropriate, the producer or distributor of the product concerned. Their point of view and the details which they supply may be useful  both to the administrations of the Member States and to the Commission in determining what action should be taken to ensure that the consumer is protected with a minimum of commercial disruption. To these ends the Member States should endeavour to  obtain the maximum of information on the products and the nature of the danger, without compromising the need for rapidity.   4. As soon as a Member State has detected a serious and immediate risk, the effects of which extend or could extend beyond its territory, and measures have been taken or decided on, it shall immediately inform the Commission. The Member State shall  indicate that it is notifying the Commission under Article 8 of this Directive. All available details shall be given, in particular on:  (a) information to identify the product;  (b) the danger involved, including the results of any tests/analyses which are relevant to assessing the level of risk;  (c) the nature of the measures taken or decided on;  (d) information on supply chains where such information is possible.  Such information must be transmitted in writing, preferably by telex or fax, but may be preceded by a telephone call to the Commission. It should be remembered that the speed with which the information is communicated is crucial.   5. Without prejudice to point 4, Member States may, where appropriate, pass information to the Commission at the stage preceding the decision on the measures to be taken. Immediate contact, as soon as a risk is discovered or suspected, can in fact  facilitate preventive action.   6. If the Member State considers certain information to be confidential, it should specify this and justify its request for confidentiality, bearing in mind that the need to take effective measures to protect consumers normally outweighs considerations  of confidentiality. It should also be remembered that precautions are taken in all cases, both by the Commission and by the members of the network responsible in the various Member States, to avoid any unnecessary disclosure of information likely to  harm the reputation of a product or series of products.   7. The Commission shall verify the conformity of the information received with Article 8 of this Directive, contact the notifying country, if necessary, and forward the information immediately by telex or fax to the relevant authorities in the other  Member States with a copy to each permanent representation; these authorities may, at the same time as the transmission of the telex, be contacted by telephone. The Commission may also contact the Member State presumed to be the country or origin of the  product to carry out the necessary verifications.   8. At the same time the Commission, when it considers it to be necessary, and in order to supplement the information received, can in exceptional circumstances institute an investigation of its own motion and/or convene the Committee on Emergencies  provided for in Article 10 (1) of this Directive.  In the case of such an investigation Member States shall supply the Commission with the requested information to the best of their ability.   9. The other Member States are requested, wherever possible, to inform the Commission without delay of the following:  (a) whether the product has been marketed in its territory;  (b) supplementary information it has obtained on the danger involved, including the results of any tests/analyses carried out to assess the level of risk,  and in any case they must inform the Commission as soon as possible of the following:  (c) the measures taken or decided on, of the type mentioned in Article 8 (1) of this Directive;  (d) when the product mentioned in this information has been found within their territory but no measures have been taken or decided on and the reasons why no measures are to be taken.  10. The Commission may, in the light of the evolution of a case and the information received from Member States under point 9 above, convene the above Committee on Emergencies in order to exchange views on the results obtained and to evaluate the  measures taken. The Committee on Emergencies may also be convened at the request of a representative of a Member State.  11. The Commission shall, by means of its internal coordination procedures, endeavour to:  (a) avoid unnecessary duplication in dealing with notifications;  (b) make full use of the expertise available within the Commission;  (c) keep the other services concerned fully informed;  (d) ensure that discussions in the various relevant committees are held in accordance with Article 10 of this Directive.  12. When a Member State intends, apart from any specific measures taken because of serious and immediate risks, to modify its legislation by adopting technical specifications, the latter must be notified to the Commission at the draft stage, in  accordance with Directive 83/189/EEC, if necessary, quoting the urgent reasons set out in Article 9 (3) of that Directive.  13. To allow it to have an overview of the situation, the Committee on Emergencies shall be periodically informed of all the notifications received and of the follow-up. With regard to points 8 and 10 above, and in those cases which fall within the  scope of procedures and/or committees provided for by Community legislation governing specific products or product sectors, those committees shall be involved. In cases where the Committee on Emergencies is not involved and no provisions are made under  11 (d), the contact points shall be informed of any exchange of views within other committees.  14. At present there are two networks of contact points: the food products network and the non-food products network. The list of contact points and officials responsible for the networks with telephone, telex and fax numbers and addresses is  confidential and distributed to the members of the network only. This list enables contact to be established with the Commission and between Member States in order to facilitate clarification of points of detail. When such contacts between Member States  give rise to new information of general interest, the Member States which initiated the bilateral contact shall inform the Commission. Only information received or confirmed through contact points in Member States may be considered as received through  the rapid exchange of information procedure.  Every year the Commission shall carry out a review of the effectiveness of the network, of any necessary improvements and of the progress made in the communications technology between the authorities responsible for its operation.


Avis juridique important

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31989L0514

Commission Directive 89/514/EEC of 2 August 1989 adapting to technical progress Council Directive 86/662/EEC on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders

Official Journal L 253 , 30/08/1989 P. 0035 - 0043 Finnish special edition: Chapter 15 Volume 9 P. 0097  Swedish special edition: Chapter 15 Volume 9 P. 0097

COMMISSION DIRECTIVE of 2 August 1989 adapting to technical progress Council Directive 86/662/EEC on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders (89/514/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 86/662/EEC of 22 December 1986 on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders (1), and in particular Article 8, first indent, thereof,  Whereas, in view of the experience gained, the present state of technical progress and the international standardization work that has been carried out it is now necessary to adapt the provisions of Annex II to Directive 86/662/EEC in order to take into  account the most recent advances;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on Adaptation to Technical Progress set up under the Directive relating to the determination of the noise emission of construction plant and  equipment, which is competent to adapt the Annexes to Directive 86/662/EEC, and in particular to adopt the real, dynamic measurement method referred to in Annex II to that Directive,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Annex II to Directive 86/662/EEC is hereby replaced by the Annex to this Directive.  Article 2 Member States shall bring into force the necessary provisions in order to comply with this Directive by 1 January 1990 and shall forthwith inform the Commission thereof.  Article 3 This Directive is addressed to the Member States.   Done at Brussels, 2 August 1989.  For the Commission Carlo RIPA DI MEANA Member of the Commission   (1) OJ L 384, 31. 12. 1986, p. 1.   ANNEX   'ANNEX II DYNAMIC TEST METHOD OF MEASUREMENT OF AIRBORNE NOISE EMITTED BY HYDRAULIC EXCAVATORS, ROPE-OPERATED EXCAVATORS, DOZERS, LOADERS AND EXCAVATOR-LOADERS  SCOPE This method of measurement is applicable to hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders, hereinafter referred to as 'earthmoving machines'. It lays down the test procedures to be applied, under conventional  working conditions, for determining the sound-power level of such earthmoving machines with a view to EEC type-examination and checking for conformity.  These technical procedures comply with the requirements laid down in Annex I to Council Directive 79/113/EEC (;) and the provisions of that Annex are applicable to earthmoving machines subject to the following additions:  4.  CRITERIA TO BE USED FOR EXPRESSING RESULTS 4.1 Acoustic criterion for the environment The acoustic criterion for the environment of an earthmoving machine is expressed by the sound-power level LWA.  6.2 Operation during measurements The noise emitted is measured with the earthmoving machine operating under the conventional working conditions for each type of machine as defined in 6.2.2.  6.2.1.  Testing of the sound source when idling Not applicable.  6.2.2 Test under load The conventional working conditions for each type of machine are described below.  All of the appropriate safety rules and designer's instructions for operating the machine have to be complied with during the test.  No signalling device such as a warning horn or reversing alarm is to be operated during the test.  6.2.2.1 Hydraulic or rope-operated excavator The excavator must be fitted with an attachment devised by the designer, such as a backhoe, loader, clamshell or dragline attachment. Warm up the engine and the hydraulics to normal operating conditions for the prevailing ambient temperature. Move the  accelerator to the maximum position (idling). All movements have to be effected at maximum speed, though without actuating the safety valves and without jolting at the end of travel.  The axis of rotation of the superstructure of the excavator must pass through the centre C of the hemisphere (see figure 5). The longitudinal axis of the machine must coincide with axis x and the front of the machine must face point B.  The dynamic cycle, without movement of material, consists of three rotary movements through 90g, from axis x to axis y and back to axis x. During each rotation the front end of the attachment is operated in the sequence described under A, B, C or D  below.  A.  Backhoe attachment The purpose of the dynamic cycle is to simulate excavating a trench and dumping the excavated material alongside it. At the start of the cycle, position the boom and the balance beam such that the attachment is at 75 % of its maximum outreach and 0,5 m  above the ground. Set the cutting edge of the attachment to its forward position at an angle of 60g to the surface of the test site.  (;) OJ No L 33, 8. 2. 1979, p. 15.  First raise the boom and retract the balance beam at the same time in order to keep the attachment at 0,5 m above the test site for 50 % of the remaining travel of the boom and balance beam. Then extend or pull in the attachment. Raise the attachment by  raising the boom and continue to retract the balance beam to simulate sufficient ground clearance to pass over the side of the trench. (30 % of the maximum lifting height of the attachment). Rotate 90g to the driver's left. Raise the boom while rotating  and extend the balance beam until the attachment reaches 60 % of the boom's maximum lifting height. Then extend the balance beam to 75 % of full extension. Extend the backhoe attachment to bring the cutting edge back to the vertical. Tilt the backhoe  attachment back to the starting position with the boom down and the backhoe attachment pulled in.  Repeat the above operation twice more in succession to complete a dynamic cycle.  The dynamic cycle is repeated at least three times to satisfy the requirements of 7.2.  B.  Loader attachment The purpose of the dynamic cycle is to simulate loading at the height of a high wall. At the start of the cycle, with the cutting edge of the attachment parallel to the ground, position the attachment 0,5 m above the ground and 75 % retracted.  Then extend the attachment to 75 % of its outreach, while keeping the bucket in its original orientation. Extend or retract the attachment and raise it to 75 % of its maximum lifting height with the balance beam extended 75 %. Rotate 90g to the driver's  left and at maximum rotation actuate the bucket discharge mechanism. Rotate back to the starting position with the bucket in the position specified at the beginning of this section.  Repeat the above operation twice more in succession to complete a dynamic cycle.  The dynamic cycle is repeated at least three times to satisfy the requirements of 7.2.  C.  Clamshell attachment The purpose of the dynamic cycle is to simulate excavating a pit. At the start of the cycle, ensure that the clamshell is open and 0,5 m above the test site.  Close the clamshell and raise it to medium height. Rotate 90g to the driver's left. Open the clamshell. Rotate back while lowering the clamshell to its original position.  Repeat the above operation twice more in succession to complete a dynamic cycle.  The dynamic cycle is repeated at least three times to satisfy the requirements of 7.2.  D.  Dragline attachment The purpose of the dynamic cycle is to simulate excavating a layer in a trench and dumping the excavated material alongside it. During the cycle the boom must be inclined 40g. The bucket hangs vertically from the end of the boom and 0,5 m above the test  site, without the chains touching the ground.  Retract the bucket to bring it as close as possible to the machine while keeping it at 0,5 m above the test site. As soon as the bucket is retracted, rotate 90g to the driver's left. At the same time, raise the bucket to 75 % of its maximum lifting  height and move it out as far as its loaded position. Rotate back while actuating the bucket discharge mechanism and retracting it to its original position.  Repeat the above operation twice more in succession to complete a dynamic cycle.  The dynamic cycle is repeated at least three times to satisfy the requirements of 7.2.  6.2.2.2 Dozer The machine has to be fitted with the blade intended for it by the designer. Warm up the engine and the hydraulics to normal operating conditions for the prevailing ambient temperature.  The path covered by the machine is shown in figure 5. The axis of the path is x, and the longitudinal axis of the machine coincides with it. The length of the measurement path AB is equal to 1.4 times the radius of the hemisphere. The mid-point of this  path must coincide with the centre C of the hemisphere.  The machine must move forwards in the direction A-B and reverse in the direction B-A.  Operate the machine with the blade lowered to the transport position 0,3 p 0,05 m above the surface of the test path. In every case in question, run the engine at maximum governed rpm (in a no-load state) and at constant forward and reverse speed.  Forward speed must be close to, but no more than, 4 km/h for tracked and steel-wheeled machines and 8 km/h for machines with rubber tyres. The same gear ratio must be used for reversing irrespective of the speed. With most machines this is done in first  forward gear and first reverse gear. The speed of machines with hydrostatic drives may be between 3,5 and 4 km/h in the case of tracked and steel-wheeled machines and between 7 and 8 km/h in the case of rubber-tyred machines since it is difficult to  adjust the travel speed controls to exact values.  Under these conditions the machines are run through the hemisphere without stopping, in both directions and without moving the blade. If the lower gear ratio produces a higher speed than that specified, carry out the test at this ratio with the engine  running at maximum governed rpm in a no-load state). In the case of machines with hydrostatic drives, set the engine to maximum governed rpm (in a no-load state) and adjust the travel speed control so as to reach the speeds specified above.  Measure the sound-pressure level only when the centre of the machine is on the working path between points A and B in figure 5.  The driver may make steering adjustments while the machine is moving along the track in order to keep it to the centre line of the test track.  One dynamic cycle is repeated at least three times to satisfy the requirements of 7.2.  6.2.2.3 Loader The machine has to be fitted with the bucket intended for it by the designer. Warm up the engine and the hydraulics to normal operating conditions for the prevailing ambient temperature.  All movements have to be effected at maximum speed, though without actuating the safety valves and without jolting at the end of travel.  A.  Test in moving state The test path covered by the machine must be as shown in figure 5. The axis of the path is x, and the longitudinal axis of the machine coincides with it. The length of the measurement path AB is equal to 1.4 times the radius of the hemisphere. The  mid-point of this path must coincide with the centre C of the hemisphere.  The machine must move forwards in the direction A B and reverse in the direction B-A.  Operate the machine with the empty bucket lowered to the transport position, 0,3 p 0,05 m above the surface of the test path. In every case in question, run the engine at maximum governed rpm (in a no-load state) and at constant forward and reverse  speed. Forward speed must be close to, but no more than, 4 km/h for machines with caterpillar tracks and 8 km/h for machines with wheels. The same gear ratio must be used for reversing irrespective of the speed.  With most machines this is done in first forward gear and first reverse gear. The speed of machines with hydrostatic drives may be between 3,5 and 4 km/h in the case of tracked machines and between 7 and 8 km/h in the case of rubber-tyred machines since  it is difficult to adjust the travel speed controls to exact values.  Under these conditions the machines are run through the hemisphere without stopping, in both directions and without moving the bucket. If the lower gear ratio produces a higher speed than that specified, carry out the test at this ratio with the engine  running at maximum governed rpm (in a no-load state). In the case of machines with hydrostatic drives, set the engine to maximum governed rpm (in a no-load state) and adjust the travel speed control so as to reach the speeds specified above.  Measure the sound-pressure level only when the centre of the machine is on the working path between points A and B in figure 5.  The driver may make steering adjustments while the machine is moving along the track in order to keep it to the centre line of the test track.  One dynamic cycle consists of one forward pass and one reverse pass.  The dynamic cycle is repeated at least three times to satisfy the requirements of 7.2.  B.  Test in static-hydraulic state The longitudinal axis of the loader must coincide with axis x and the front of the machine must face point B. The mid-point of the basic length 1 in figure 3 must coincide with the centre of the hemisphere C in figure 5. Run the engine at maximum  governed rpm (in a no-load state). Select neutral gear. Raise the bucket from the transport position to 75 % of its maximum lifting height and return it to the transport position three times in succession. This sequence constitutes one static-hydraulic  cycle.  The cycle is repeated at least three times to satisfy the requirements of 7.2.  6.2.2.4 Excavator-loader The excavator-loader has to be fitted with the backhoe and bucket intended for it by the designer. Warm up the engine and the hydraulics to normal operating conditions for the prevailing ambient temperature.  In excavator mode, set the accelerator control to maximum (in the no-load state) or to the position specified by the designer. All movements of the bucket have to be effected at maximum speed, though without actuating the safety valves and without  jolting at the end of travel.  A.  Excavator mode The longitudinal axis of the machine must coincide with axis x and the front of the machine must face point B, i.e. the excavator end of the excavator-loader in figure 4 must face point B. The mid-point of the basic length 1 in figure 4 must coincide  with the centre of the hemisphere C in figure 5.  Operate the machine in excavator mode in accordance with the method described in 6.2.2.1, point A, substituting 45g as the angle of rotation in place of the 90g specified there.  B.  Loader mode Operate in accordance with the method described in 6.2.2.3, with the backhoe bucket in the transport position.  6.3 Measurement site 6.3.1 General Three types of surface, described in 6.3.2., 6.3.3 and 6.3.4, are authorized for the test site:  (a)  hard reflecting plane (made of concrete or non-porous asphalt);  (b)  combination of an hard reflecting plane and sand;  (c)  sand surface or sandy soil.  The hard reflecting plane must be used for testing the following machines:  - rubber-tyred machines: all operating conditions;  - excavators: all operating conditions;  - tracked loaders and tracked excavator-loaders: operation in static-hydraulic state.  The combination of a hard reflecting plane and sand must be used for testing loaders, excavator-loaders and tracked dozers moving over a sandy surface, with the microphones positioned above the hard reflecting plane.  An alternative test site with sand only may be used for tracked loaders and dozers in the moving and the static-hydraulic state provided that:  1.  the environmental correction factor K2, determined in accordance with section 8.6.2 of Annex I to Directive 79/113/EEC, is less than 3,5 dB, and 2.  the correction is taken into account for calculating the sound-power level if K2 is greater than 0,5 dB.  6.3.2 Hard reflecting plane The test area surrounded by the microphones must be made of concrete or non-porous asphalt.  6.3.3 Combination of a hard reflecting plane and sand The surface of the path covered by the machine or of its work site must consist of wet sand of a grain size less than 2 mm or sandy soil. The depth of sand must be at least 0,3 m. If the depth necessary for penetration of the tracks is more than 0.3 m,  the thickness of the layer or of the sandy soil must be increased accordingly. The ground surface between the machine and the microphone must be a hard reflector in accordance with 6.3.2, thus providing a reflecting plane rather than an absorbent  surface for the measuring environment.  Another solution is to use a combined site of minimum dimensions consisting of a sandy track running alongside a reflecting plane. Run the machine forwards twice, in opposite directions, for each of the three microphone positions. The test in reverse  may be carried out in identical fashion.  6.3.4 All-sand site The sand must meet the requirements set out under 6.3.3.  6.4 Measuring surface, measuring distance The measuring surface to be used for the test must be hemispherical.  The radius of the hemisphere must be determined by the basic length (1) of the machine (see figures 1, 2, 3 and 4).  The basic length of the machine corresponds:  - in the case of excavators, to the total length of the superstructure excluding the attachments and the main moving parts, such as the boom and the balance beam;  - in the case of the other machines, to the total length of the machine excluding the attachments such as the blade of the dozer and the bucket.  The radius must be:  - 4 m if the basic length 1 of the earthmoving machine is 1,5 m or less;  - 10 m if the basic length 1 of the earthmoving machine is more than 1,5 m but less than or equal to 4 m;  - 16 m if the basic length 1 of the earthmoving machine is more than 4 m.  6.4.2 Location and number of measuring points There shall be six measuring points, numbered 2, 4, 6, 8, 10 and 12, arranged in accordance with section 6.4.2.2 of Annex I to Directive 79/113/EEC.  7.  MEASUREMENTS 7.1.1 Extraneous noise Only background noise shall be taken into account for correction.  7.1.5 Presence of reflecting objects A visual check in a circular area of radius three times that of the measuring hemisphere, the centre of which coincides with that of the hemisphere, is adequate to ensure that the provisions of the third paragraph of section 6.3 of Annex I to Directive  79/113/EEC are complied with.  7.2 Measurement of the sound pressure level LpA Sound pressure levels LpA shall be measured in accordance with the provisions of the first paragraph of section 7.2 of Annex I to Directive 79/113/EEC.  The sound pressure levels LpA must be measured at least three times. If two of the sound pressure readings obtained do not differ by more than 1 dB, further measurements will not be necessary; otherwise, the measurements must be continued until two  values that do not differ by more than 1 dB are obtained. For the A-weighted sound pressure level, take the arithmetic mean of the two highest values that differ by less than 1 dB.  Microphone positions  Axis y  Radius of hemisphere: r   Axis of the working path  Axis x   Noise measurement zone: 1,4 r  4   10     2  ACB  6    12  8


Avis juridique important

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31995L0030

Commission Directive 95/30/EC of 30 June 1995 adapting to technical progress Council Directive 90/679/EEC on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Official Journal L 155 , 06/07/1995 P. 0041 - 0042

COMMISSION DIRECTIVE 95/30/EC of 30 June 1995 adapting to  technical progress Council Directive 90/679/EEC on the protection of workers from risks related to  exposure to biological agents at work (seventh individual Directive within the meaning of Article  16 (1) of Directive 89/391/EEC) (Text with EEA relevance)THE COMMISSION OF THE  EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to  encourage improvements in the safety and health of workers at work  (1), and in particular Article  17 thereof, Having regard to Council Directive 90/679/EEC of 26 November 1990 on the protection of workers from  risks related to exposure to biological agents at work (seventh individual Directive within the  meaning of Article 16 (1) of Directive 89/391/EEC)  (2), as amended by Directive 93/88/EEC  (3),  and in particular Article 19 thereof, Having regard to the opinion of the Advisory Committee on Safety, Hygiene and Health Protection at  Work, Whereas the provisions laid down in Directive 90/679/EEC must be regarded as an important element  in the overall approach towards protecting the health of workers at the workplace; Whereas the aim of Directive 93/88/EEC establishing a first list of biological agents on the basis  of the definitions given in Article 2 point (d) numbers 2, 3 and 4 of Directive 90/679/EEC is to  harmonize conditions in this field while maintaining the progress made; Whereas the list and classification of the biological agents must be examined regularly and revised  on the basis of new scientific data; Whereas it is particularly appropriate that agents whose classification is indicated by asterisks  because they are not normally infectious when airborne and for which Member States shall assess the  possibilities for waiving certain containment measures in particular circumstances, shall be  reevaluated on the basis of the most up-to-date knowledge and be reclassified to adapt them to the  real situation regarding hazards at the workplace; Whereas the measures provided for in this Directive are in accordance with the opinion of the  committee set up under Article 17 of Directive 89/391/EEC, HAS ADOPTED THIS DIRECTIVE: Article 1 Annex III to Directive 90/679/EEC is amended in accordance with the  Annex hereto. Article 2 1.  Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive by 30 November 1996. They shall immediately  inform the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this Directive or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference shall be adopted by Member States. 2.  Member States shall communicate to the Commission the text of the provisions of national law  which they adopt in the field covered by this Directive. Article 3 This Directive shall enter into force on the 20th day following its publication in the  Official Journal of the European Communities. Article 4 This Directive is addressed to the Member States. Done at Brussels, 30 June 1995. For the Commission Padraig FLYNN Member of the Commission  ANNEX Annex III of Directive 90/679/EEC is amended as follows: 1.  Under the heading 'VIRUS`, the group 'Retroviridae` is amended as follows: (a)  The following agents are reclassified from group 3 to group 3  (**): -  Human immunodeficiency viruses, -  Human T-cell lymphotropic viruses (HTLV), types 1 and 2. (b)  The SIV virus is added and is classified as group 3  (**). (c)  Footnote reference '(h)` after the word 'Retroviridae` is repositioned after the letters  'SIV`. 2.  The wording of footnote '(h)` which follows the list of viruses is replaced by the following: 'At the present there is no evidence of disease in humans caused by the other retroviruses of  simian origin. As a precaution containment level 3 is recommended for work with them.` 3.  Under the heading 'PARASITES`, the following agents are reclassified from group 3 to group 3   (**): Echinococcus granulosus Echinococcus multilocularis Echinococcus vogeli Leishmania brasiliensis Leishmania donovani Plasmodium falciparum Taenia solium Trypanosoma brucei rhodesiense. 4.  At the end of the list under the heading 'PARASITES`, the following indication is added: '(**) See paragraph 8 of the introductory notes.` 5.  The following agents are added and are classified as group 2: -  under the heading 'BACTERIA`: 'Streptococcus suis` -  under the heading 'PARSITES`: 'Cyclospora cayetanensis`.