title: Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (Recast) (Text with EEA relevance)

text:
               6.6.2009

               EN

               Official Journal of the European Union

               L 141/12

      DIRECTIVE 2009/40/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 6 May 2009
   on roadworthiness tests for motor vehicles and their trailers
   (Recast)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having consulted the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (3) has been substantially amended several times (4). Since further amendments are to be made, it should be recast in the interests of clarity.

               (2)

               Within the framework of the common transport policy, certain road traffic within the Community should operate under the most favourable circumstances as regards both safety and competitive conditions applying to carriers in the Member States.

               (3)

               The growth of road traffic and the resultant increase in danger and nuisances present all Member States with safety problems of a similar nature and seriousness.

               (4)

               Testing during the lifecycle of a vehicle should be relatively simple, quick and inexpensive.

               (5)

               The minimum Community standards and methods to be used for testing the items listed in this Directive should therefore be defined in separate Directives.

               (6)

               It is necessary to adapt rapidly to technical progress the standards and methods laid down in the separate Directives and, in order to facilitate implementation of the measures required for this purpose, to establish a procedure for close cooperation between the Member States and the Commission within a committee on the adaptation to technical progress of the Directive on roadworthiness tests for motor vehicles and their trailers.

               (7)

               With regard to braking systems it is difficult to set values for such matters as air pressure settings and build-up times, given the variance in the equipment and methods within the Community.

               (8)

               It is recognised by all concerned with vehicle testing that the method of testing and, in particular, whether the vehicle is tested in a laden, part-laden or unladen condition, can influence the degree of confidence testers have as to the roadworthiness of the braking system.

               (9)

               The prescription of brake force reference values for various laden conditions for each vehicle model should help restore that confidence. This Directive should enable testing under this regime as an alternative to testing against minimum performance values for each vehicle category.

               (10)

               With regard to braking systems the scope of this Directive should relate in the main to vehicles which have been granted component type-approval in accordance with Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers (5) although it is recognised that certain types of vehicle have been granted such approval in accordance with national standards which may differ from the requirements of that Directive.

               (11)

               Member States may extend the scope of the braking test to include vehicles or test items outside the scope of this Directive.

               (12)

               Member States may make the braking test more stringent or increase the frequency of testing.

               (13)

               This Directive is intended to maintain emissions at a low level throughout the useful life of a vehicle by means of regular exhaust emission tests and to ensure that vehicles which are major polluters are withdrawn from service until they are brought to a proper state of maintenance.

               (14)

               Bad tuning and inadequate maintenance are detrimental not only to the engine but also to the environment since they cause increased pollution and fuel consumption. It is important that environment-friendly transport be developed.

               (15)

               In the case of compression-ignition (diesel) engines measurement of the opacity of the exhaust fumes is deemed to be an adequate indicator of the condition of the vehicle’s state of maintenance, with regard to emissions.

               (16)

               For positive-ignition (petrol) engines, measurement of carbon monoxide emissions from the exhaust pipe when the engine is idling is deemed to be an adequate indicator of the vehicle’s state of maintenance, with regard to emissions.

               (17)

               The failure rate in exhaust-emission tests for vehicles which have not been regularly maintained may well be high.

               (18)

               In the case of petrol-engined vehicles for which the type-approval standards specify that they must be equipped with advanced emission control systems such as three-way catalytic converters which are lambda-probe controlled, the regular emission test standards must be more stringent than for conventional vehicles.

               (19)

               Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles (6) requires the introduction, from 2000, of on-board diagnostic (OBD) systems for petrol-driven cars and light commercial vehicles to monitor the functioning of the vehicle’s emission control system in service. Similarly, from 2003, OBD systems are required also for new diesel vehicles.

               (20)

               Member States may, if appropriate, exclude from the scope of this Directive certain vehicles that are considered to be of historic interest. They may also establish their own testing standards for such vehicles. However, such a right must not lead to the application of stricter standards than those which the vehicles concerned were originally designed to meet.

               (21)

               Simple, common diagnostic systems are available that can be used by testing organisations to test the vast majority of the speed limiters equipped. For those vehicles that are not accessible by such readily available diagnostic tools, the authorities will need to either make use of available equipment from the original vehicle manufacturer or provide for the acceptance of appropriate test certification from the vehicle manufacturer or its franchise organisation.

               (22)

               Periodic verification of the correct functioning of the speed limiter should be facilitated for the vehicles that are fitted with the new recording equipment (digital tachograph) in accordance with Council Regulation (EC) No 2135/98 of 24 September 1998 amending Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC concerning the application of Regulations (EEC) No 3820/85 and (EEC) No 3821/85 (7). Since the year 2003, new vehicles are fitted with such equipment.

               (23)

               Technical requirements relating to taxis and ambulances are similar to those for private cars. The items to be checked may therefore be similar, although the frequency of tests is different.

               (24)

               Each Member State must ensure, within its own area of jurisdiction, that roadworthiness tests are conducted methodically and to a high standard.

               (25)

               The Commission should verify the practical application of this Directive.

               (26)

               Since the objectives of the proposed action, namely to harmonise the rules on roadworthiness tests, to prevent distortion of competition as between road hauliers and to guarantee that vehicles are properly checked and maintained, cannot be achieved by the Member States acting alone and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

               (27)

               The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8).

               (28)

               In particular, the Commission should be empowered to define certain minimum standards and methods for testing and to adapt them to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Directive by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (29)

               This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex III, Part B,

         HAVE ADOPTED THIS DIRECTIVE:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   1.   In each Member State, motor vehicles registered in that State and their trailers and semi-trailers shall undergo periodic roadworthiness tests in accordance with this Directive.
   2.   The categories of vehicles to be tested, the frequency of the roadworthiness tests and the items which must be tested are listed in Annexes I and II.
   Article 2
   The roadworthiness tests provided for in this Directive shall be carried out by the Member State, or by a public body entrusted with the task by the State or by bodies or establishments designated and directly supervised by the State, including duly authorised private bodies. In particular, where establishments designated as vehicle testing centres also perform motor vehicle repairs, Member States shall make every effort to ensure the objectivity and high quality of the vehicle testing.
   Article 3
   1.   Member States shall take such measures as they deem necessary to make it possible to prove that a vehicle has passed a roadworthiness test complying with at least the provisions of this Directive.
   These measures shall be notified to the other Member States and to the Commission.
   2.   Each Member State shall, on the same basis as if it had itself issued the proof, recognise the proof issued in another Member State showing that a motor vehicle registered on the territory of that other State, together with its trailer or semi-trailer, has passed a roadworthiness test complying with at least the provisions of this Directive.
   3.   Member States shall apply suitable procedures to establish, as far as practicable, that the brake performance of the vehicles registered in their territory meets the requirements specified in this Directive.
   CHAPTER II

      EXCEPTIONS

   Article 4
   1.   Member States shall have the right to exclude from the scope of this Directive vehicles belonging to the armed forces, the forces of law and order and the fire service.
   2.   Member States may, after consulting the Commission, exclude from the scope of this Directive, or subject to special provisions, certain vehicles operated or used in exceptional conditions and vehicles which are never, or hardly ever, used on public highways, including vehicles of historic interest which were manufactured before 1 January 1960 or which are temporarily withdrawn from circulation.
   3.   Member States may, after consulting the Commission, set their own testing standards for vehicles considered to be of historic interest.
   Article 5
   Notwithstanding the provisions of Annexes I and II, Member States may:

               (a)

               bring forward the date for the first compulsory roadworthiness test and, where appropriate, require the vehicle to be submitted for testing prior to registration;

               (b)

               shorten the interval between two successive compulsory tests;

               (c)

               make the testing of optional equipment compulsory;

               (d)

               increase the number of items to be tested;

               (e)

               extend the periodic test requirement to other categories of vehicles;

               (f)

               prescribe special additional tests;

               (g)

               require for vehicles registered on their territory higher minimum standards for braking efficiency than those specified in Annex II and include a test on vehicles with heavier loads, provided such requirements do not exceed those of the vehicle’s original type-approval.

         CHAPTER III

      FINAL PROVISIONS

   Article 6
   1.   The Commission shall adopt the separate Directives necessary to define the minimum standards and methods for testing the items listed in Annex II, as well as any amendments necessary to adapt those standards and methods to technical progress.
   2.   Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).
   Article 7
   1.   The Commission shall be assisted by a committee on the adaptation to technical progress of the Directive on roadworthiness tests for motor vehicles and their trailers.
   2.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   Article 8
   No later than three years after the introduction of regular testing of speed limitation devices, the Commission shall examine whether, on the basis of the experience gained, the tests laid down are sufficient to detect defective or manipulated speed limitation devices or whether the rules need to be amended.
   Article 9
   Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
   Article 10
   Directive 96/96/EC, as amended by the acts listed in Annex III, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex III, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IV.
   Article 11
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 12
   This Directive is addressed to the Member States.

      Done at Strasbourg, 6 May 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. KOHOUT

      (1)  OJ C 224, 30.8.2008, p. 66.

      (2)  Opinion of the European Parliament of 23 September 2008 (not yet published in the Official Journal) and Council Decision of 30 March 2009.

      (3)  OJ L 46, 17.2.1997, p. 1.

      (4)  See Annex III, Part A.

      (5)  OJ L 202, 6.9.1971, p. 37.

      (6)  OJ L 350, 28.12.1998, p. 1.

      (7)  OJ L 274, 9.10.1998, p. 1.

      (8)  OJ L 184, 17.7.1999, p. 23.

      ANNEX I

         CATEGORIES OF VEHICLES SUBJECT TO ROADWORTHINESS TESTS AND FREQUENCY OF THE TESTS

                  Categories of vehicle

                  Frequency of tests

                              1.

                              Motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat

                  One year after the date on which the vehicle was first used, and thereafter annually

                              2.

                              Motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg

                  One year after the date on which the vehicle was first used, and thereafter annually

                              3.

                              Trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg

                  One year after the date on which the vehicle was first used, and thereafter annually

                              4.

                              Taxis, ambulances

                  One year after the date on which the vehicle was first used, and thereafter annually

                              5.

                              Motor vehicles having at least four wheels, normally used for the road carriage of goods and with a maximum permissible mass not exceeding 3 500 kg, excluding agricultural tractors and machinery

                  Four years after the date on which the vehicle was first used, and thereafter every two years

                              6.

                              Motor vehicles having at least four wheels, used for the carriage of passengers and with not more than eight seats excluding the driver’s seat

                  Four years after the date on which the vehicle was first used, and thereafter every two years

      ANNEX II

         ITEMS TO BE COMPULSORILY TESTED

      The test must cover at least the items listed below, provided that these are related to the obligatory equipment of the vehicle being tested in the Member State concerned.
      The tests covered by this Annex may be carried out visually without disassembly of vehicle parts.
      Where the vehicle is found to be defective with regard to the test items below, the competent authorities in the Member States must adopt a procedure for setting the conditions under which the vehicle may be used before passing another roadworthiness test.
      VEHICLES IN CATEGORIES 1, 2, 3, 4, 5 AND 6
      1.   Braking systems

      The following items are to be included in the roadworthiness test of vehicle braking systems. The test results achieved during the checks on the braking systems must be equivalent as far as is practicable to the technical requirements of Directive 71/320/EEC.

                     Items to be checked/tested

                     Reasons for failure

                              1.1.

                              Mechanical condition and operation

                              1.1.1.

                              Footbrake pedal pivot

                              —

                              too tight

                              —

                              bearing worn

                              —

                              excessive wear/play

                              1.1.2.

                              Pedal condition and travel of the brake operating device

                              —

                              excessive or insufficient reserve travel

                              —

                              brake control not releasing correctly

                              —

                              anti-slip provision on brake pedal missing, loose or worn smooth

                              1.1.3.

                              Vacuum pump or compressor and reservoirs

                              —

                              time taken to build up air pressure/vacuum for the effective operation of the brakes is excessive

                              —

                              insufficient air pressure/vacuum to give assistance for at least two applications of the brake after the warning device has operated (or gauge shows unsafe reading)

                              —

                              air leak causing a noticeable drop in pressure or audible air leaks

                              1.1.4.

                              Low pressure warning indicator or gauge

                              —

                              malfunctioning or defective low pressure indicator/air pressure gauge

                              1.1.5.

                              Hand-operated brake control valve

                              —

                              cracked or damaged control, excessive wear

                              —

                              malfunction of control valve

                              —

                              control insecure on valve spindle or valve unit insecure

                              —

                              connections loose or leak in system

                              —

                              unsatisfactory operation

                              1.1.6.

                              Parking brake, lever control, parking brake ratchet

                              —

                              parking brake ratchet not holding correctly

                              —

                              excessive wear at lever pivot or ratchet mechanism

                              —

                              excessive movement of lever indicating incorrect adjustment

                              1.1.7.

                              Braking valves (foot valves, unloaders, governors, etc.)

                              —

                              damaged, excessive air leakage

                              —

                              excessive discharge of oil from compressor

                              —

                              insecure/inadequate mounting

                              —

                              discharge of hydraulic brake fluid

                              1.1.8.

                              Couplings for trailer brakes

                              —

                              defective isolation taps or self-sealing valve

                              —

                              insecure/inadequate mounting

                              —

                              excessive leaks

                              1.1.9.

                              Energy storage reservoir pressure tank

                              —

                              damaged, corroded, leaking

                              —

                              drain device inoperative

                              —

                              insecure/inadequate mounting

                              1.1.10.

                              Brake servo units, master cylinder (hydraulic systems)

                              —

                              servo unit is defective or ineffective

                              —

                              master cylinder defective or leaking

                              —

                              master cylinder insecure

                              —

                              insufficient quantity of brake fluid

                              —

                              master cylinder reservoir cap missing

                              —

                              brake fluid warning lamp illuminated or defective

                              —

                              incorrect functioning of brake fluid level warning device

                              1.1.11.

                              Rigid brake pipes

                              —

                              risk of failure or fracture

                              —

                              leaks from pipes or connections to coupling

                              —

                              damaged or excessively corroded

                              —

                              misplaced

                              1.1.12.

                              Flexible brake hoses

                              —

                              risk of failure or fracture

                              —

                              damaged, chafing, brake hoses too short, twisted

                              —

                              leaks from hoses or couplings

                              —

                              hose bulging under pressure

                              —

                              porosity

                              1.1.13.

                              Brake coverings (lining pads)

                              —

                              excessive wear

                              —

                              contaminated (oil, grease, etc.)

                              1.1.14.

                              Brake drums, brake discs

                              —

                              excessive wear, excessive scoring, cracks, insecure or fractured

                              —

                              contaminated (oil, grease, etc.)

                              —

                              backplate insecure

                              1.1.15.

                              Brake cables, rods, levers linkage

                              —

                              cables damaged, knotted

                              —

                              excessively worn or corroded

                              —

                              cable or rod joint insecure

                              —

                              cable guide defective

                              —

                              any restriction to free movement of the braking system

                              —

                              any abnormal movement of levers/rods/linkage indicating maladjustment or excessive wear

                              1.1.16.

                              Brake actuators (including spring brakes or hydraulic wheel cylinders)

                              —

                              cracked or damaged

                              —

                              leaking

                              —

                              insecure/inadequate mounting

                              —

                              excessively corroded

                              —

                              excessive travel of operating piston or diaphragm mechanism

                              —

                              dust protection cover missing or excessively damaged

                              1.1.17.

                              Load sensing valve

                              —

                              defective linkage

                              —

                              incorrect adjustment

                              —

                              seized, not working

                              —

                              missing

                              1.1.18.

                              Automatic slack adjusters indicating

                              —

                              seized or abnormal movement, excessive wear or wrong adjustment

                              —

                              defective

                              1.1.19.

                              Retarder system (where fitted or required)

                              —

                              insecure connectors or mountings

                              —

                              defective

                              1.2.

                              Service brake performance and efficiency

                              1.2.1.

                              Performance (progressively increased to maximum effort)

                              —

                              inadequate braking effort on one or more wheels

                              —

                              braking effort from any wheel is less than 70 % of the highest recorded effort from another wheel on the same axle. In the case of brake testing on the road, the vehicle’s deviation from a straight line is excessive

                              —

                              no gradual variation of brake effort (grabbing)

                              —

                              abnormal time lag in brake operation at any wheel

                              —

                              excessive fluctuation of brake effort due to distorted discs or oval drums

                              1.2.2.

                              Efficiency

                              —

                              a braking ratio which relates to the maximum authorised mass or, in the case of semi-trailers, to the sum of the authorised axle loads where practicable, less than the following:
                              minimum braking efficiency:

                                          —

                                          category 1: 50 % (1)

                                          —

                                          category 2: 43 % (2)

                                          —

                                          category 3: 40 % (3)

                                          —

                                          category 4: 50 %

                                          —

                                          category 5: 45 % (4)

                                          —

                                          category 6: 50 %

                              —

                              or
                              a braking effort less than the reference values if specified by the vehicle manufacturer for the vehicle axle (5)

                              1.3.

                              Secondary (emergency) brake performance and efficiency (if met by separate system)

                              1.3.1.

                              Performance

                              —

                              brake inoperative on one side

                              —

                              braking effort from any wheel is less than 70 % of the highest recorded effort from another wheel on the same axle

                              —

                              no gradual variation of efficiency (grabbing)

                              —

                              automatic brake system not working in the case of trailers

                              1.3.2.

                              Efficiency

                              —

                              for all vehicle categories, a braking ratio less than 50 % (6) of the service brake performance defined in 1.2.2 in relation to the maximum authorised mass or, in the case of semi-trailers, to the sum of the authorised axle loads

                              1.4.

                              Parking brake performance and efficiency

                              1.4.1.

                              Performance

                              —

                              brake inoperative on one side

                              1.4.2.

                              Efficiency

                              —

                              for all vehicle categories, a braking ratio less than 16 % in relation to the maximum authorised mass, or, for motor vehicles, less than 12 % in relation to the maximum authorised combination mass of the vehicle, whichever is greater

                              1.5.

                              Retarder or exhaust brake system performance

                              —

                              no gradual variation of efficiency (retarder)

                              —

                              defective

                              1.6.

                              Anti-lock braking

                              —

                              malfunction of the anti-lock warning device

                              —

                              defective

                  VEHICLES IN CATEGORIES 1, 2 AND 3

                  VEHICLES IN CATEGORIES 4, 5 AND 6

                              2.

                              Steering and steering wheel

                              2.

                              Steering

                              2.1.

                              Mechanical condition

                              2.1.

                              Mechanical condition

                              2.2.

                              Steering wheel

                              2.2.

                              Steering play

                              2.3.

                              Steering play

                              2.3.

                              Steering system attachment

                              2.4.

                              Wheel bearings

                              3.

                              Visibility

                              3.

                              Visibility

                              3.1.

                              Field of vision

                              3.1.

                              Field of vision

                              3.2.

                              Condition of glass

                              3.2.

                              Condition of glass

                              3.3.

                              Rear-view mirrors

                              3.3.

                              Rear-view mirrors

                              3.4.

                              Windscreen wipers

                              3.4.

                              Windscreen wipers

                              3.5.

                              Screen washers

                              3.5.

                              Screen washers

                              4.

                              Lamps, reflectors and electrical equipment

                              4.

                              Lighting equipment

                              4.1.

                              Main and dipped-beam headlamps

                              4.1.

                              Main and dipped-beam headlamps

                              4.1.1.

                              Condition and operation

                              4.1.1.

                              Condition and operation

                              4.1.2.

                              Alignment

                              4.1.2.

                              Alignment

                              4.1.3.

                              Switches

                              4.1.3.

                              Switches

                              4.1.4.

                              Visual efficiency

                              4.2.

                              Side lamps and end-outline marker lamps

                              4.2.

                              Condition and operation, condition of lenses, colour and visual efficiency of:

                              4.2.1.

                              Condition and operation

                              4.2.1.

                              Side and rear lamps

                              4.2.2.

                              Colour and visual efficiency

                              4.2.2.

                              Stop lamps

                              4.2.3.

                              Direction-indicator lamps

                              4.2.4.

                              Reserving lamps

                              4.2.5.

                              Fog lamps

                              4.2.6.

                              Rear registration plate lamps

                              4.2.7.

                              Retro reflectors

                              4.2.8.

                              Hazard warning lamps

                              4.3.

                              Stop lamps

                              4.3.1.

                              Condition and operation

                              4.3.2.

                              Colour and visual efficiency

                              4.4.

                              Direction-indicator lamps

                              4.4.1.

                              Condition and operation

                              4.4.2.

                              Colour and visual efficiency

                              4.4.3.

                              Switches

                              4.4.4.

                              Flashing frequency

                              4.5.

                              Front and rear fog lamps

                              4.5.1.

                              Position

                              4.5.2.

                              Condition and operation

                              4.5.3.

                              Colour and visual efficiency

                              4.6.

                              Reversing lamps

                              4.6.1.

                              Condition and operation

                              4.6.2.

                              Colour and visual efficiency

                              4.7.

                              Rear registration plate lamp

                              4.8.

                              Retro reflectors

                              —

                              condition and colour

                              4.9.

                              Telltales

                              4.10.

                              Electrical connections between drawing vehicle and trailer or semi-trailer

                              4.11.

                              Electrical wiring

                              5.

                              Axles, wheels, tyres, suspension

                              5.

                              Axles, wheels, tyres, suspension

                              5.1.

                              Axles

                              5.1.

                              Axles

                              5.2.

                              Wheels and tyres

                              5.2.

                              Wheels and tyres

                              5.3.

                              Suspension

                              5.3.

                              Suspension

                              6.

                              Chassis and chassis attachments

                              6.

                              Chassis and chassis attachments

                              6.1.

                              Chassis or frame and attachments

                              6.1.

                              Chassis or frame and attachments

                              6.1.1.

                              General condition

                              6.1.1.

                              General condition

                              6.1.2.

                              Exhaust pipes and silencers

                              6.1.2.

                              Exhaust pipes and silencers

                              6.1.3.

                              Fuel tank or pipes

                              6.1.3.

                              Fuel tank or pipes

                              6.1.4.

                              Geometric properties and condition of rear protective device, heavy lorries

                              6.1.4.

                              Spare-wheel carrier

                              6.1.5.

                              Spare-wheel carrier

                              6.1.5.

                              Security of coupling mechanism (if fitted)

                              6.1.6.

                              Coupling mechanism on drawing vehicles, trailers and semi-trailers

                              6.2.

                              Cab and bodywork

                              6.2.

                              Bodywork

                              6.2.1.

                              General condition

                              6.2.1.

                              Structural condition

                              6.2.2.

                              Mounting

                              6.2.2.

                              Doors and locks

                              6.2.3.

                              Doors and locks

                              6.2.4.

                              Floor

                              6.2.5.

                              Driver’s seat

                              6.2.6.

                              Running boards

                              7.

                              Other equipment

                              7.

                              Other equipment

                              7.1.

                              Safety belts

                              7.1.

                              Mounting of driver’s seat

                              7.2.

                              Fire extinguisher

                              7.2.

                              Mounting of battery

                              7.3.

                              Locks and anti-theft device

                              7.3.

                              Audible warning device

                              7.4.

                              Warning triangle

                              7.4.

                              Warning triangle

                              7.5.

                              First-aid kit

                              7.5.

                              Safety belts

                              7.5.1.

                              Security of mountings

                              7.5.2.

                              Condition of belts

                              7.5.3.

                              Operation

                              7.6.

                              Wheel chock(s)

                              7.7.

                              Audible warning device

                              7.8.

                              Speedometer

                              7.9.

                              Tachograph (presence of, and integrity of seals)

                                          —

                                          check validity of tachograph plate if required by Regulation (EEC) No 3821/85 (7)

                                          —

                                          check, if in doubt, whether the nominal circumference or size of tyre matches the data given on the tachograph plate

                                          —

                                          where practical, check that the seals of the tachograph and, where appropriate, any other means of protecting the connections against fraudulent manipulation are intact

                              7.10.

                              Speed limitation device

                                          —

                                          where possible, check whether speed limiter is fitted as required by Directive 92/6/EEC (8)

                                          —

                                          check validity of speed limiter plate

                                          —

                                          where practical, check that the seals of the speed limiter and, where appropriate, any other means of protecting the connections against fraudulent manipulation are intact

                                          —

                                          check where practical that the speed limitation device prevents vehicles mentioned in Article 2 and Article 3 of Directive 92/6/EEC from exceeding the prescribed values

                              8.

                              Nuisance

                              8.

                              Nuisance

                              8.1.

                              Noise

                              8.1.

                              Noise

            VEHICLES IN CATEGORIES 1, 2, 3, 4, 5 AND 6
      8.2.   Exhaust emissions
      8.2.1.   Motor vehicles equipped with positive-ignition engines and fuelled by petrol

                  (a)

                  Where the exhaust emissions are not controlled by an advanced emission control system such as a three-way catalytic converter that is lambda-probe controlled:

                              1.

                              Visual inspection of the exhaust system in order to check that it is complete and in a satisfactory condition and that there are no leaks.

                              2.

                              Visual inspection of any emission control equipment fitted by the manufacturer in order to check that it is complete and in a satisfactory condition and that there are no leaks.
                              After a reasonable period of engine conditioning (taking account of manufacturer’s recommendations) the carbon monoxide (CO) content of the exhaust gases is measured when the engine is idling (no load).
                              The maximum permissible CO content in the exhaust gases is that stated by the vehicle manufacturer. Where this information is not available or where the Member States’ competent authorities decide not to use it as a reference value, the CO content must not exceed the following:

                                          (i)

                                          for vehicles registered or put into service for the first time between the date from which Member States required the vehicles to comply with Directive 70/220/EEC (9) and 1 October 1986: CO — 4,5 % vol.;

                                          (ii)

                                          for vehicles registered or put into service for the first time after 1 October 1986 — 3,5 % vol.

                  (b)

                  Where the exhaust emissions are controlled by an advanced emission control system such as a three-way catalytic converter that is lambda-probe controlled:

                              1.

                              Visual inspection of the exhaust system in order to check that it is complete and in a satisfactory condition and that there are no leaks.

                              2.

                              Visual inspection of any emission control equipment fitted by the manufacturer in order to check that it is complete and in a satisfactory condition and that there are no leaks.

                              3.

                              Determination of the efficiency of the vehicle’s emission control system by measuring the lambda value and the CO content of the exhaust gases in accordance with point 4 or with the procedures proposed by the manufacturers and approved at the time of type-approval. For each of the tests the engine is conditioned in accordance with the vehicle manufacturer’s recommendations.

                              4.

                              Exhaust pipe emissions — limit values
                              The maximum permissible CO content in the exhaust gases is that stated by the vehicle manufacturer.
                              Where this information is not available the CO content must not exceed the following:

                                          (i)

                                          Measurement at engine idling speed:
                                          The maximum permissible CO content in the exhaust gases must not exceed 0,5 % vol. and for vehicles that have been type-approved according to the limit values shown in row A or row B of the table in point 5.3.1.4 of Annex I to Directive 70/220/EEC; the maximum CO content must not exceed 0,3 % vol. Where compliance with Directive 70/220/EEC is not possible then the above shall apply to vehicles registered or first put into service after 1 July 2002.

                                          (ii)

                                          Measurement at high idle speed (no load), engine speed to be at least 2 000 min-1:
                                          CO content: maximum 0,3 % vol. and for vehicles that have been type-approved according to the limit values shown in row A or row B of the table in point 5.3.1.4 of Annex I to Directive 70/220/EEC; the maximum CO content must not exceed 0,2 % vol. Where compliance with Directive 70/220/EEC is not possible then the above shall apply to vehicles registered or first put into service after 1 July 2002.
                                          Lambda: 1 ± 0,03 or in accordance with the manufacturer’s specifications.

                                          (iii)

                                          For motor vehicles equipped with on-board diagnostic systems (OBD) in accordance with Directive 70/220/EEC Member States may as an alternative to the test specified in item (i) establish the correct functioning of the emission system through the appropriate reading of the OBD device and the simultaneous checking of the proper functioning of the OBD system.

            8.2.2.   Motor vehicles equipped with compression-ignition (diesel) engines

                  (a)

                  Exhaust gas opacity to be measured during free acceleration (no load from idle up to cut-off speed) with gear lever in neutral and clutch engaged.

                  (b)

                  Vehicle preconditioning:

                              1.

                              Vehicles may be tested without preconditioning although for safety reasons checks should be made that the engine is warm and in a satisfactory mechanical condition.

                              2.

                              Except as specified in point (d)(5), no vehicle will be failed unless it has been preconditioned according to the following requirements:

                                          (i)

                                          Engine shall be fully warm, for instance the engine oil temperature measured by a probe in the oil level dipstick tube to be at least 80 °C, or normal operating temperature if lower, or the engine block temperature measured by the level of infrared radiation to be at least an equivalent temperature. If, owing to vehicle configuration, this measurement is impractical, the establishment of the engine’s normal operating temperature may be made by other means, for example by the operation of the engine cooling fan.

                                          (ii)

                                          Exhaust system shall be purged by at least three free acceleration cycles or by an equivalent method.

                  (c)

                  Test procedure:

                              1.

                              Visual inspection of any emission control equipment fitted by the manufacturer in order to check that it is complete and in a satisfactory condition and that there are no leaks.

                              2.

                              Engine and any turbocharger fitted, to be at idle before the start of each free acceleration cycle. For heavy-duty diesels, this means waiting for at least 10 seconds after the release of the throttle.

                              3.

                              To initiate each free acceleration cycle, the throttle pedal must be fully depressed quickly and continuously (in less than one second) but not violently, so as to obtain maximum delivery from the injection pump.

                              4.

                              During each free acceleration cycle, the engine shall reach cut-off speed or, for vehicles with automatic transmissions, the speed specified by the manufacturer or if this data is not available then two-thirds of the cut-off speed, before the throttle is released. This could be checked, for instance, by monitoring engine speed or by allowing a sufficient time to elapse between initial throttle depression and release, which in the case of vehicles of category 1 and 2 of Annex I should be at least two seconds.

                  (d)

                  Limit values:

                              1.

                              The level of concentration must not exceed the level recorded on the plate pursuant to Directive 72/306/EEC (10).

                              2.

                              Where this information is not available or where Member States’ competent authorities decide not to use it as a reference, the level of concentration must not exceed the level stated by the manufacturer or the limit values of the coefficient of absorption that are as follows:
                              Maximum coefficient of absorption for:

                                          —

                                          naturally aspirated diesel engines = 2,5 m-1,

                                          —

                                          turbo-charged diesel engines = 3,0 m-1,

                                          —

                                          a limit of 1,5 m-1 shall apply to the following vehicles that have been type-approved according to the limit values shown in:

                                                      (a)

                                                      row B of the table in point 5.3.1.4 of Annex I to Directive 70/220/EEC (Light Duty Vehicle Diesel — Euro 4);

                                                      (b)

                                                      row B1 of the tables in point 6.2.1 of Annex I to Directive 88/77/EEC (11) (Heavy Duty Vehicle Diesel — Euro 4);

                                                      (c)

                                                      row B2 of the tables in point 6.2.1 of Annex I to Directive 88/77/EEC (Heavy Duty Vehicle Diesel — Euro 5);

                                                      (d)

                                                      row C of the tables in point 6.2.1 of Annex I to Directive 88/77/EEC (Heavy Duty Vehicle — EEV)

                                                or limit values in later amendments of Directive 70/220/EEC or limit values in later amendments of Directive 88/77/EEC or equivalent values where use is made of equipment of a type different from that used for EC type-approval.

                                    Where compliance with point 5.3.1.4 of Annex I to Directive 70/220/EEC or with point 6.2.1 of Annex I to Directive 88/77/EEC is not possible then the above shall apply to vehicles registered or first put into service after 1 July 2008.

                              3.

                              Vehicles registered or put into service for the first time before 1 January 1980 are exempted from these requirements.

                              4.

                              Vehicles shall only be failed if the arithmetic means of at least the last three free acceleration cycles are in excess of the limit value. This may be calculated by ignoring any measurement that departs significantly from the measured mean, or the result of any other statistical calculation that takes account of the scattering of the measurements. Member States may limit the number of test cycles.

                              5.

                              To avoid unnecessary testing, Member States may, by way of exception from the provisions of point 8.2.2(d)(4), fail vehicles which have measured values significantly in excess of the limit values after less than three free acceleration cycles or after the purging cycles (or equivalent) specified in point 8.2.2(b)2(ii). Equally to avoid unnecessary testing, Member States may, by way of exception from the provisions of point 8.2.2(d)(4), pass vehicles which have measured values significantly below the limits after less than three free acceleration cycles or after the purging cycles (or equivalent) specified in point 8.2.2(b)2(ii).

            8.2.3.   Test equipment
      Vehicle emissions are tested using equipment designed to establish accurately whether the limit values prescribed or indicated by the manufacturer have been complied with.
      8.2.4.   Where, during EC type-approval, a type of vehicle is found not to have satisfied the limit values laid down by this directive, the Member States may lay down higher limit values for that type of vehicle on the basis of proof supplied by the manufacturer. They must forthwith inform the Commission thereof and it in turn must inform the other Member States.

                  VEHICLES IN CATEGORIES 1, 2 AND 3

                  VEHICLES IN CATEGORIES 4, 5 AND 6

                              8.3.

                              Suppression of radio interference

                              9.

                              Supplementary tests for public transport vehicles

                              9.1.

                              Emergency exit(s) (including hammers for breaking windows), signs indicating emergency exit(s)

                              9.2.

                              Heating system

                              9.3.

                              Ventilation system

                              9.4.

                              Seat layout

                              9.5.

                              Interior lighting

                              10.

                              Vehicle identification

                              10.

                              Vehicle identification

                              10.1.

                              Registration plate

                              10.1.

                              Registration plate

                              10.2.

                              Chassis number

                              10.2.

                              Chassis number

         (1)  48 % for category 1 vehicles not fitted with ABS, or type-approved before 1 October 1991 (date of prohibition of first putting into circulation without EC component type-approval) (Directive 71/320/EEC).

         (2)  45 % for vehicles registered after 1988 or from the date of application of Directive 71/320/EEC, under Member States’ national legislation, whichever is the later.

         (3)  43 % for semi-trailers and draw-bar trailers registered after 1988 or from the date of application of Directive 71/320/EEC, under Member States’ national legislation, whichever is the later.

         (4)  50 % for category 5 vehicles registered after 1988 or from the date of application of Directive 71/320/EEC, under Member States’ national legislation, whichever is the later.

         (5)  The reference value for the vehicle axle is the braking effort (expressed in newtons) necessary to achieve this minimum prescribed braking force at the particular weight that the vehicle is presented.

         (6)  For category 2 and 5 vehicles the minimum secondary brake performance must be 2,2 m/s2 (as the secondary brake performance was not covered by Directive 71/320/EEC).

         (7)  Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 31.12.1985, p. 8).

         (8)  Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ L 57, 2.3.1992, p. 27).

         (9)  Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (OJ L 76, 6.4.1970, p. 1).

         (10)  Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (OJ L 190, 20.8.1972, p. 1).

         (11)  Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (OJ L 36, 9.2.1988, p. 33).

      ANNEX III
      PART A

         Repealed Directive with list of its successive amendments

         (referred to in Article 10)

                  Council Directive 96/96/EC
                  (OJ L 46, 17.2.1997, p. 1)

                  Commission Directive 1999/52/EC
                  (OJ L 142, 5.6.1999, p. 26)

                  Commission Directive 2001/9/EC
                  (OJ L 48, 17.2.2001, p. 18)

                  Commission Directive 2001/11/EC
                  (OJ L 48, 17.2.2001, p. 20)

                  Commission Directive 2003/27/EC
                  (OJ L 90, 8.4.2003, p. 41)

                  Regulation (EC) No 1882/2003 of the European Parliament and of the Council
                  (OJ L 284, 31.10.2003, p. 1)

                  only Annex III, point 68

            PART B

         Time limits for transposition into national law

         (referred to in Article 10)

                  Directive

                  Time limit for transposition

                  96/96/EC

                  9 March 1998

                  1999/52/EC

                  30 September 2000

                  2001/9/EC

                  9 March 2002

                  2001/11/EC

                  9 March 2003

                  2003/27/EC

                  1 January 2004

      ANNEX IV

         CORRELATION TABLE

                  Directive 96/96/EC

                  This Directive

                  Articles 1 to 4

                  Articles 1 to 4

                  Article 5, introductory wording

                  Article 5, introductory wording

                  Article 5, first to seventh indents

                  Article 5, points (a) to (g)

                  Article 6

                  —

                  Article 7

                  Article 6(1)

                  —

                  Article 6(2)

                  Article 8(1)

                  Article 7(1)

                  Article 8(2), first subparagraph

                  Article 7(2)

                  Article 8(2), second subparagraph

                  —

                  Article 8(3)

                  —

                  Article 9(1)

                  —

                  Article 9(2)

                  Article 8

                  Article 10

                  —

                  Article 11(1)

                  —

                  Article 11(2)

                  Article 9

                  Article 11(3)

                  —

                  —

                  Article 10

                  Article 12

                  Article 11

                  Article 13

                  Article 12

                  Annexes I and II

                  Annexes I and II

                  Annexes III and IV

                  —

                  —

                  Annex III

                  —

                  Annex IV


Avis juridique important

|

31995L0053

Council Directive 95/53/EC of 25 October 1995 fixing the principles governing the organization of official inspections in the field of animal nutrition

Official Journal L 265 , 08/11/1995 P. 0017 - 0022

COUNCIL DIRECTIVE  95/53/EC of 25 October 1995 fixing the principles governing the organization of official  inspections in the field of animal nutritionTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission  (1), Having regard to the opinion of the European Parliament  (2), Having regard to the opinion of the Economic and Social Committee  (3), Whereas animal nutrition has become a very important aspect of Community agriculture; Whereas fixing at Community level the principles governing the organization of official inspections  in the field of animal nutrition helps safeguard animal health, human health and the environment,  ensure the fairness of commercial transactions and protect the interests of consumers; Whereas rules must be laid down for the organization of official inspections of feedingstuffs in  view of the very wide range of products used, the large volume of consignments of goods  commercially traded, the integrated structure of the sector and, in particular, the need to ensure  both the wholesomeness of the feedingstuff to be consumed by animals and the quality of the  foodstuff; Whereas, in order to attain the desired objective, the rules laid down in this Directive must cover  all products and substances used in animal nutrition in the Community; whereas inspections should  therefore be organized to cover products imported into or released for free circulation in the  Community; Whereas the definition of 'competent authority` does not prevent Member States from delegating in  whole or in part the responsibility of the authority for the purpose of carrying out officials  checks in the field of animal nutrition, provided that inspections continue to be carried out under  their authority; Whereas, to be effective, inspections must be carried out regularly; whereas they must not be  restricted as to the subject, stage or moment at which they are carried out; whereas they must take  the most suitable forms to ensure their effectiveness; Whereas, in order to ensure that inspection procedures are not evaded, it is necessary to provide  that Member States shall not exclude a product from appropriate inspection on the grounds that it  is intended for export outside the Community; Whereas products from third countries must be subject to random documentary and identity checks on  entry into the Community territory; Whereas provision should be made for Member States to have the possibility of designating entry  points in order to ensure the efficient conduct of inspections of imported products, without  prejudice to the provisions laid down in other relevant Community legislation, in particular  Directives 90/675/EEC  (4) and 92/118/EEC  (5) concerning veterinary checks and animal health and  public health requirements; Whereas principles should be laid down to govern the organization of and steps to be taken  following the physical checks to be carried out by the competent authorities; Whereas, as regards intra-Community trade, emphasis should be placed on the checks to be carried  out at the place of origin; whereas, however, in the event of a presumption of irregularity, the  check may, exceptionally, be carried out while the products are in transit or at the place of  destination; Whereas this solution requires greater confidence in the inspections carried out by the Member  State of dispatch; whereas the Member State of dispatch must ensure that such checks are carried  out in an appropriate fashion; Whereas provision should be made for action to be taken where a check discloses that a consignment  is irregular; Whereas, for reasons of effectiveness, it is for the Member State of dispatch to ensure that the  products comply with Community rules; whereas, in the event of infringements, the Commission must  be able to take action, in cooperation with the Member States concerned, particularly by making  on-the-spot visits and adopting measures appropriate to the situation; Whereas, in accordance with Council Directive 70/373/EEC  (1), all methods of sampling and methods  of analysis necessary for carrying out official checks on feedingstuffs should be adopted at  Community level; Whereas, although undertakings should not have the right to oppose inspections, their legitimate  rights must nevertheless be preserved, in particular the right to manufacturing secrecy and the  right of appeal; Whereas the authorities responsible for inspections may differ from one Member State to another;  whereas it is therefore desirable to publish a list of the competent authorities in the field in  each Member State, with an indication of the territories for which they are competent and the  laboratories authorized to carry out analyses in connection with such inspections; Whereas, although it is primarily for the Member States to lay down their inspection programmes, it  is necessary, with a view to the proper functioning of the internal market, to arrange also for  coordinated programmes at Community level; Whereas the Commission should be entrusted with the task of adopting measures for applying this  Directive, HAS ADOPTED THIS DIRECTIVE: CHAPTER I INTRODUCTORY PROVISIONS Article 1 1.  This Directive sets out the  principles governing the organization of official inspections in the field of animal nutrition. 2.  This Directive shall apply without prejudice to more specific Community rules, in particular  Community customs rules and Community veterinary rules. Article 2 1.  For the purposes of this Directive the following definitions shall apply: (a)  'official inspection in the field of animal nutrition`, hereinafter called 'inspection`, means  an inspection by the competent authorities to check compliance with the Community provisions laid  down in: -  Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs  (2), -  Council Directive 74/63/EEC of 17 December 1973 on the fixing of maximum permitted levels for  undesirable substances and products in feedingstuffs  (3), -  Council Directive 77/101/EEC of 23 November 1976 on the marketing of straight feedingstuffs   (4), -  Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs  (5), -  Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal  nutrition  (6), -  Council Directive 93/74/EEC of 13 September 1993 on feedingstuffs intended for particular  nutritional purposes  (7), and -  any other rules in the field of animal nutrition in which provision is made for official  inspections to be carried out in accordance with the provisions of this Directive; (b)  'documentary check` means verification of the documents accompanying a product or of any other  information provided on the product; (c)  'identity check` means verification, by visual inspection only, for consistency between the  documents, the labelling and the products; (d)  'physical check` means a check of the product itself, including, where appropriate, sampling  and laboratory testing; (e)  'product` means feedingstuffs and all substances used in animal nutrition; (f)  'competent authority` means the Member State's authority responsible for carrying out official  checks in the field of animal nutrition; (g)  'establishment` means any undertaking which produces or manufactures a product or which holds  the product at an intermediate stage before marketing or which markets the products; (h)  'marketing` means the holding of products with a view to their sale or other forms of disposal  to others, by way of gift or in return for payment, and also sale and other forms of disposal  themselves. 2.  The definitions given in the Community legislation relating to the field of animal nutrition  shall apply where appropriate. Article 3 1.  Member States shall take all the necessary measures to ensure that inspections are  carried out in accordance with this Directive. 2.  Member States shall not exclude a product from appropriate inspection on the grounds that it is  intended for export. Article 4 1.  Inspections shall be carried out: (a)  at regular intervals; (b)  where non-compliance is suspected; (c)  using means proportionate to the desired objective and particularly in the light of the risks  and of experience gained. 2.  Inspections shall cover all stages of production and manufacture, the intermediate stages prior  to marketing, including importation, and the use of products. The competent authority shall select the stage or stages most apporpriate for the intended purpose  of the inspection. 3.  As a general rule, inspections shall be carried out without prior warning. 4.  Inspections shall also cover uses prohibited in relation to animal nutrition. CHAPTER II IMPORTS FROM THIRD COUNTRIES Article 5 Notwithstanding Article 4 (1), Member  States shall take all the necessary steps to ensure that when products are introduced into the  customs territory of the Community they are subjected by the competent authorities to a documentary  check of each batch and to random identity checks in order to verify: -  their nature, -  their origin, -  their geographical destination, so as determine the customs procedure applicable to them. Article 6 For the purpose of the checks provided for in Article 5, Member States may designate  particular entry points in their territory for the various types of products. To the same end they may require notice to be given to them of arrival of products at a particular  entry point. Article 7 Member States shall ensure the conformity of products by means of random physical  checks before they are marketed. Article 8 1.  Where the checks show that products do not meet the requirements of the rules, the  Member State shall prohibit their entry or marketing and order their redispatch out of Community  territory; it shall immediately inform the Commission and the other Member States that it has  rejected the products, indicating the infringements found. 2.  Notwithstanding paragraph 1, Member States may authorize the carrying out, under the conditions  laid down by the competent authority, of one of the following operations: -  bringing the products into line with the requirements within a deadline to be determined, or -  decontamination where appropriate, or -  processing in any other suitable manner, or -  use for other purposes, or -  destruction of the products. Member States shall ensure that the operations listed in the first subparagraph do not give rise to  any adverse effects on human and animal health or on the environment. 3.  The costs incurred in the measures taken in accordance with paragraphs 1 and 2 shall be borne  by the authorization holder or his representative. Article 9 1.  Where products are not marketed in the territory of the Member State which carries  out the checks referred to in Article 5 and, where appropriate, a physical check, that Member State  shall provide the person concerned with a document indicating the type of check carried out and its  outcome. Commercial documents shall contain a reference to this document. However, the right of the Member State of destination to carry out random checks on products shall  not be affected. 2.  A standard document and, where appropriate, detailed rules for the application of paragraph 1  shall be adopted in accordance with the procedure laid down in Article 23 before the 30 April  1998. CHAPTER III TRADE WITHIN THE COMMUNITY Article 10 Member States shall take all necessary  measures to ensure that products intended for dispatch to another Member State are inspected with  the same care as those intended to be marketed in their own territory. Section 1 Checks at source Article 11 1.  Member States shall ensure that the competent  authority carries out checks on establishments in order to satisfy itself that they meet their  obligations under Community rules and that products intended to be marketed comply with Community  requirements. 2.  Where there are grounds for suspecting that requirements are not being met, the competent  authority shall carry out the necessary checks and, if the suspicion is confirmed, take the  appropriate measures. Section 2 Control at destination Article 12 1.  The competent authority of the Member State  of destination may, at places of destination, check the compliance of products with the provisions  of Article 2 (1) (a) by means of non-discriminatory random checks. 2.  However, where the competent authority of the Member State of transit or the Member State of  destination has information leading it to suspect an infringement, checks may also be carried out  during the transport of products in its territory. Article 13 1.  If, during a check carried out at the place of destination of a consignment or  during transport, a Member State establishes the non-compliance of the products with the provisions  of Article 2 (1) (a), it shall take the appropriate measures and formally require the consignor,  the consignee or any other person entitled to carry out, under the conditions laid down by the  competent authority, one of the following operations: -  bringing of the products into compliance within a deadline to be determined, or -  decontamination where appropriate, or -  processing in any other suitable manner, or -  use for other purposes, or -  redispatch to the country of origin, after informing the competent authority of the country of  the establishment of origin, or -  destruction of the products. 2.  The costs incurred in the measures taken in accordance with paragraph 1 shall be borne by the  consignor or any other person entitled, including where appropriate the consignee. Section 3 Cooperation in the event of infringements Article 14 In the event of the  destruction, use for other purposes, redispatch to the country of origin or decontamination of the  products as provided for in Article 13 (1), the Member State of destination shall contact the  Member State of dispatch without delay. In other cases, the Member State of destination may contact  the Member State of dispatch. The Member State of dispatch shall take all necessary measures and  notify the Member State of destination of the nature and outcome of the checks carried out, the  decisions taken and the reasons for such decisions. If the Member State of destination fears that such measures are inadequate, the two Member States  shall together seek ways and means of remedying the situation; if appropriate this may involve a  joint on-the-spot inspection. Where the checks carried out in accordance with Article 12 show repeated irregularities, the Member  State of destination shall inform the Commission and the other Member States. Article 15 1.  At the request of the Member State of destination or on its own initiative, taking  into account the nature of the infringements established, the Commission may: -  send representatives, in cooperation with the Member State concerned, to the establishment in  question, -  request the Member State of dispatch to intensify its checks on the products of the  establishment concerned. 2.  The Commission shall inform the Member States concerned of its findings. Pending the Commission's findings, the Member State of dispatch must, if so requested by the Member  State of destination, intensify checks on products coming from the establishment in question. The Member State of destination may, for its part, intensify checks on products coming from the  same establishment. 3.  The Commission may review the situation within the Committee referred to in Article 23. It may  adopt the necessary decisions, including those relating to intra-Community movements of products,  in accordance with the procedure laid down in the same Article. Section 4 Inspections on holdings Article 16 Member States shall ensure that the competent  authority has access to places where agricultural production is carried on and where the products  are manufactured or used in order to carry out the prescribed checks. CHAPTER IV GENERAL PROVISIONS Article 17 1.  Member States shall ensure that inspections are  carried out in such a way that delays in the delivery of products are minimized and that  inspections do not result in unjustified obstacles to the marketing thereof. 2.  Member States shall provide that officials responsible for inspection are subject to  professional confidentiality. Article 18 1.  Where products are sampled for the purpose of analysis, Member States shall adopt  the provisions necessary: -  to ensure that those subject to checks are entitled to a second opinion, -  to ensure that officially sealed reference samples are preserved. 2.  Member States shall draw up a list of laboratories responsible for carrying out analyses; they  shall ensure that such laboratories are designated on account of their capabilities. 3.  Member States shall ensure that sampling and analysis are carried out in accordance with  Community rules. However, in the absence of Community rules and methods, Member States shall take all necessary  steps to satisfy themselves that inspections are carried out: -  in accordance with standards recognized by international bodies, -  in the absence of such standards, in accordance with scientifically recognized national rules  which comply with the general principles of the Treaty. 4.  Detailed rules for the application of this Article may be adopted in accordance with the  procedure laid down in Article 23. Article 19 Each Member State shall take the measures required to ensure that all the provisions  of this Directive are applied in full. Penalties must be laid down for the event of a failure to  comply with those measures. Such penalties shall be effective, shall be commensurate with their  purpose and shall have an adequate deterrent effect. Article 20 Rights of appeal existing under the laws in force in the Member States against  decisions by the competent authorities shall not be affected by this Directive. Decisions taken by the competent authority where an infringement has been found and the reasons for  such decisions must be notified to the operator concerned by such decisions or his representative. If the operator concerned or his representative so requests, the said decisions and reasons must be  communicated to him in writing with details of the rights of appeal which are available to him  under the law in force in the Member State performing the checks and of the procedure and time  limits applicable. Article 21 Each Member State shall communicate to the Commission one year after this Directive  enters into force: -  the competent authority or authorities, their geographical coverage and their sphere of  competence, -  the laboratory or laboratories referred to in Article 18 (2), -  where appropriate, the list of entry points referred to in Article 6. This information, together with subsequent amendments, shall be published in the 'C` series of the  Official Journal of the European Communities. Article 22 1.  By 1 October 1998 at the latest, Member States shall drawn up programmes setting  out the national measures to be taken to achieve the aim of this Directive. These programmes must take into account the specific situation of each Member State and specify the  type and frequency of the inspections, which must be performed regularly. 2.  Before 1 April each year and before 1 April 2000 for the first time, the Member States shall  transmit to the Commission all relevant information concerning the implementation of the programmes  referred to in paragraph 1 during the previous year, specifying: -  the criteria used in drawing up the programmes, -  the number and type of inspections carried out, -  the results of the inspections, in particular the number and type of infringements found, -  action taken where infringements have been found. 3.  Before 1 October each year and before 1 October 2000 for the first time, the Commission shall  submit an overall summary report on the results of inspections carried out at Community level,  together with a proposal for a recommendation concerning a coordinated inspection programme for the  following year, for adoption in accordance with the procedure under Article 23. This recommendation  may be amended at a later date as required by the implementation of the coordinated programme. The coordinated programme shall indicate, in particular, the priority criteria to be followed for  its implementation. The information provided for in paragraph 2 shall contain a separate section specifically  concerning implementation of the coordinated programme. Article 23 1.  The Commission shall be assisted by the Standing Committee for Feedingstuffs, set  up by Decision 70/372/EEC  (1), hereinafter referred to as 'the Committee`. 2.  The representative of the Commission shall submit to the Committee a draft of the measures to  be taken. The Committee shall deliver its opinion on the draft within a time limit which the  chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the Committee shall be weighted in the manner set out in that Article. The chairman  shall not vote. 3.  (a)  The Commission shall adopt the measures envisaged if they are in accordance with the  opinion of the Committee. (b)  If the measures envisaged are not in accordance with the opinion of the Committee, or if no  opinion is delivered, the Commission shall, without delay, submit to the Council a proposal  relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of three months from the date of referral to the Council, the Council  has not acted, the proposed measures shall be adopted by the Commission, save where the Council has  decided against the said measures by a simple majority. Article 24 1.  Member States shall adopt the laws, regulations and administrative provisions  necessary to comply with this Directive not later than 30 April 1998. They shall forthwith inform  the Commission thereof. 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 methods of  making such reference shall be laid down by Member States. 2.  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 25 This Directive shall enter into force on the day following its publication in the  Official Journal of the European Communities. Article 26 This Directive is addressed to the Member States. Done at Luxembourg, 25 October 1995. For the Council The President L. ATIENZA (1)  OJ No L 170, 3. 8. 1970, p. 1.