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31999L0016

Commission Directive 1999/16/EC of 16 March 1999 adapting to technical progress Council Directive 77/540/EEC relating to parking lamps for motor vehicles Text with EEA relevance.

Official Journal L 097 , 12/04/1999 P. 0033 - 0044

COMMISSION DIRECTIVE 1999/16/ECof 16 March 1999adapting to technical progress Council Directive 77/540/EEC relating to parking lamps for motor vehicles(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(1), as last amended by Directive 98/91/EC of the European Parliament and of the Council(2), and in particular Article 13(2) thereof,Having regard to Council Directive 77/540/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to parking lamps for motor vehicles(3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,(1) Whereas Directive 77/540/EEC is one of the separate Directives of the EC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to Directive 77/540/EEC;(2) Whereas, in particular, Article 3(4) and Article 4(3) of Directive 70/156/EEC require each separate Directive to have attached to it an information document and also a type-approval certificate based on Annex VI to Directive 70/156/EEC in order that type-approval may be computerised; whereas the type-approval certificate provided for in Directive 77/540/EEC should be amended accordingly;(3) Whereas the procedures should be simplified in order to maintain the equivalence envisaged by Article 9(2) of Directive 70/156/EEC between certain separate Directives and the corresponding regulations of the United Nations' Economic Commission for Europe (UN-ECE), when those regulations are amended; whereas, as a first step, the technical requirements of Directive 77/540/EEC should be replaced by those of UN-ECE Regulation No 77 by way of cross-reference;(4) Whereas it is necessary to ensure that the requirements in Council Directive 76/756/EEC(4), as last amended by Commission Directive 97/28/EC(5), and in Council Directive 76/761/EEC(6), as last amended by Commission Directive 1999/17/EC(7), are complied with;(5) Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 77/540/EEC is amended as follows:1. In Article 1, paragraph 1 is replaced by the following:"1. Each Member State shall grant EC component type-approval for any type of parking lamp which satisfies the construction and testing requirements laid down in the relevant Annexes."2. In Article 2, the first paragraph is replaced by the following:"Member States shall, for each type of parking lamp which they approve pursuant to Article 1, issue to the manufacturer an EC component type-approval mark conforming to the model shown in Annex I, Appendix 3."3. Article 4 is replaced by the following:"Article 4The competent authorities of the Member States shall inform each other, by means of the procedures specified in Article 4(6) of Directive 70/156/EEC, of each approval which they have granted, refused or withdrawn pursuant to this Directive."4. Article 9 is replaced by the following:"Article 9For the purposes of this Directive, 'vehicle' means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery."5. The Annexes are replaced by the text in the Annex to this Directive.Article 21. From 1 October 1999, or, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, six months after the actual date of publication of these texts, Member States may not, on grounds relating to parking lamps:- refuse, in respect of a type of vehicle or a type of parking lamp, to grant EC type-approval or national type-approval, or- prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of parking lamps,provided that the parking lamps comply with the requirements of Directive 77/540/EEC, as amended by this Directive, and that, as far as vehicles are concerned, they are installed in accordance with the requirements laid down in Directive 76/756/EEC.2. From 1 April 2000 Member States:- shall no longer grant EC type-approval, and- may refuse to grant national type-approvalfor any type of vehicle on grounds relating to parking lamps, and for any type of parking lamp, if the requirements of Directive 77/540/EEC, as amended by this Directive, are not fulfilled.3. From 1 April 2001 the requirements of Directive 77/540/EEC relating to parking lamps as components, as amended by this Directive, shall be applicable for the purposes of Article 7(2) of Directive 70/156/EEC.4. Notwithstanding paragraphs 2 and 3, for the purposes of replacement parts Member States shall continue to grant EC type-approval of parking lamps, and to permit their sale and entry into service, in accordance with previous versions of Directive 77/540/EEC provided that such parking lamps- are intended to be fitted to vehicles already in use, and- comply with the requirements of that Directive which were applicable when the vehicles where first registered.Article 3The paragraphs and annexes of UN-ECE Regulation No 77, referred to in point 1 of Annex II, shall be published in the Official Journal of the European Communities before 1 April 1999.Article 41. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 October 1999; however, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, the Member States shall comply with this obligation six months after the actual date of publication of these texts. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 October 1999, or, if the publication of the texts referred to in Article 3 is delayed beyond 1 April 1999, six months after the actual date of publication of those texts.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 5This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 6This Directive is addressed to the Member States.Done at Brussels, 16 March 1999.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 42, 23.2.1970, p. 1.(2) OJ L 11, 16.1.1999, p. 25.(3) OJ L 220, 29.8.1977, p. 83.(4) OJ L 262, 27.9.1976, p. 1.(5) OJ L 171, 30.6.1997, p. 1.(6) OJ L 262, 27.9.1976, p. 96.(7) See page 45 of this Official Journal.ANNEX"LIST OF ANNEXES>TABLE>ANNEX IADMINISTRATIVE PROVISIONS FOR TYPE APPROVAL1. APPLICATION FOR EC COMPONENT TYPE-APPROVAL1.1. The application for EC component type-approval pursuant to Article 3(4) of Directive 70/156/EEC of a type of parking lamp shall be submitted by the manufacturer.1.2. A model for the information document is given in Appendix 1.1.3. The following must be submitted to the technical service responsible for conducting the type-approval tests:1.3.1. Two samples, equipped with the lamp or lamps recommended; if the parking lamps are such that they can be mounted only on one side of the vehicle, the two samples submitted may be identical and be suitable for mounting only on the right or only on the left side of the vehicle.2. MARKINGS2.1. The devices submitted for EC component type approval must bear:2.1.1. the trade name or mark of the manufacturer;2.1.2. in the case of lamps with replaceable light sources: the type(s) of filament lamp prescribed;2.1.3. in the case of lamps with non-replaceable light sources: the nominal voltage and wattage.2.2. These markings shall be clearly legible and indelible and shall be affixed to the illuminating surface, or to one of the illuminating surfaces, of the device. They shall be visible from the exterior when the device is fitted to the vehicle.2.3. Each device shall have sufficient space for the component type-approval mark. This space shall be indicated on the drawings referred to in Appendix 1.3. GRANTING OF EC COMPONENT TYPE-APPROVAL3.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4(3) and, if applicable, Article 4(4) of Directive 70/156/EEC shall be granted.3.2. A model for the EC type-approval certificate is given in Appendix 2.3.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of parking lamp approved. The same Member State shall not assign the same number to another type of parking lamp.3.4. Where EC component type approval is requested for a type of lighting and light-signalling device comprising a parking lamp and other lamps, a single EC component type-approval number may be assigned provided that the parking lamp complies with the requirements of this Directive and that each of the other lamps forming part of the lighting and light-signalling device for which EC component type approval is requested complies with the separate Directive applying to it.4. EC COMPONENT TYPE-APPROVAL MARK4.1. In addition to the markings referred to in item 2.1., every parking lamp conforming to the type approved pursuant to this Directive shall bear an EC component type-approval mark.4.2. This mark shall consist of:4.2.1. a rectangle surrounding the letter "e" followed by the distinguishing number or letters of the Member State which has granted type approval:1 for Germany2 for France3 for Italy4 for the Netherlands5 for Sweden6 for Belgium9 for Spain11 for the United Kingdom12 for Austria13 for Luxembourg17 for Finland18 for Denmark21 for Portugal23 for GreeceIRL for Ireland;4.2.2. in the vicinity of the rectangle the "base approval number" contained in section 4 of the type-approval number referred to in Annex VII of Directive 70/156/EEC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to Directive 77/540/EEC on the date EEC type-approval was granted. In this Directive the sequence number is 00;4.2.3. when a lamp emits a light of amber colour towards the front and rear, the lamp must be marked with an arrow indicating its orientation, the arrow showing to the front of the vehicle.4.3. The EC component type-approval mark shall be affixed to the lens of the lamp or one of the lenses in such a way as to be indelible and clearly legible even when the lamps are fitted to the vehicle.4.4. An example of the EC component type-approval mark is given in Appendix 3.4.5. Where a single EC component type-approval number is issued, as per item 3.4. above, for a type of lighting and light-signalling device comprising a parking lamp and other lamps, a single EC component type-approval mark may be affixed, consisting of:4.5.1. a rectangle surrounding the letter "e" followed by the distinguishing number or letters of the Member State which has granted type approval (see item 4.2.1.);4.5.2. the base approval number (see item 4.2.2., first half-sentence);4.5.3. if necessary, the required arrow, in so far as it relates to the lamp assembly as a whole.4.6. This mark may be located anywhere on the lamps which are grouped, combined or reciprocally incorporated, provided that:4.6.1. it is visible after the installation of the lamps;4.6.2. no light-transmitting components of the grouped, combined or reciprocally incorporated lamps can be removed without simultaneously removing the approval mark.4.7. The identification symbol for each lamp corresponding to each Directive pursuant to which EC component type approval was granted, together with the sequence number (see item 4.2.2, second half-sentence) and, where necessary, the letter "D" and the required arrow shall be marked:4.7.1. either on the appropriate light-emitting surface;4.7.2. or in a group, in such a way that each of the grouped, combined or reciprocally incorporated lamps may be clearly identified.4.8. The dimensions of the components of this mark must not be less than the minimum dimensions specified for individual marks by the various Directives pursuant to which EC component type approval was granted.5. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS5.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.6. CONFORMITY OF PRODUCTION6.1. As a general rule, measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.6.2. Every parking lamp shall comply with the conditions specified in this Directive. Nevertheless, in the case of a parking lamp selected at random from series production, the requirements as to minimum intensity of the light emitted (measured with a standard filament lamp as referred to in paragraph 8(1)) shall be limited in each relevant direction to 80 % of the minimum values specified in paragraphs 7.1 and 7.2(2). Under the same conditions, the prescribed maximum values may be exceeded by 20 %.(1) Of the documents referred to in point 1 of Annex II to this Directive.(2) Of the documents referred to in point 1 of Annex II to this Directive.Appendix 1>PIC FILE= "L_1999097EN.003902.EPS">>PIC FILE= "L_1999097EN.004001.EPS">Appendix 2>PIC FILE= "L_1999097EN.004102.EPS">>PIC FILE= "L_1999097EN.004201.EPS">Appendix 3EXAMPLE OF THE EC COMPONENT TYPE-APPROVAL MARK>PIC FILE= "L_1999097EN.004302.EPS">The device bearing the EC component type-approval mark shown above is a parking lamp, type approved in Germany (e1) pursuant to this Directive (00) under the base approval number 1471.ANNEX IITECHNICAL REQUIREMENTS1. The technical requirements are those set out in paragraphs 2, 6 to 9 and Annexes 3 to 5 of UN-ECE Regulation No 77 which consists of a consolidation of the following documents:- the Regulation in its original form (00)(1),- supplements 1 and 2 to Regulation No 77 including modifications(2),- supplement 3 to Regulation No 77(3),- supplement 4 to Regulation No 77(4),except that:1.1. Where reference is made to "Regulation No 48", this shall be understood as "Directive 76/756/EEC".1.2. Where reference is made to "Regulation No 37", this shall be understood as "Annex VII to Directive 76/761/EEC."(1)>TABLE>(2)>TABLE>(3)>TABLE>(4) TRANS/WP.29/530".


title: Commission Directive 2007/54/EC of 29 August 2007 amending Council Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annexes II and III thereto to technical progress (Text with EEA relevance )

text:
               30.8.2007

               EN

               Official Journal of the European Union

               L 226/21

      COMMISSION DIRECTIVE 2007/54/EC
   of 29 August 2007
   amending Council Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annexes II and III thereto to technical progress
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), and in particular Article 8(2) thereof,
   After consulting the Scientific Committee on Consumer Products,
   Whereas:

               (1)

               Following the publication of a scientific study in 2001, entitled ‘Use of permanent hair dyes and bladder cancer risk’, the Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers, replaced by the Scientific Committee on Consumer Products (SCCP), by Commission Decision 2004/210/EC (2), concluded that the potential risks were of concern. It recommended that the Commission take further steps to control the use of hair dye substances.

               (2)

               The Scientific Committee on Consumer Products further recommended an overall safety assessment strategy for hair dye substances including the requirements for testing substances used in hair dye products for their potential genotoxicity/mutagenicity.

               (3)

               Following the opinions of the SCCP, the Commission together with Member States and stakeholders agreed on an overall strategy to regulate substances used in hair dye products according to which the industry was required to submit files containing the scientific data on hair dye substances to be evaluated by the SCCP.

               (4)

               Substances for which no updated safety files are submitted allowing an adequate risk assessment should be included in Annex II.

               (5)

               However 4,4′-Diaminodiphenylamine and its salts; 4-Diethylamino-o-toluidine and its salts; N,N-Diethyl-p-phenylenediamine and its salts; N,N-Dimethyl-p-phenylenediamine and its salts; and Toluene-3,4-Diamine and its salts, are currently listed under reference numbers 8 and 9 in Annex III, Part 1, which are general entries. Therefore they should be expressly deleted from general entries in Annex III. It is appropriate to list them in Annex II instead. Those annexes should therefore be amended accordingly.

               (6)

               Directive 76/768/EEC should therefore be amended accordingly.

               (7)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Cosmetic Products,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annexes II and III to Directive 76/768/EEC are amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by 18 March 2008 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 18 June 2008. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 29 August 2007.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 262, 27.9.1976, p. 169. Directive as last amended by Commission Directive 2007/22/EC (OJ L 101, 18.4.2007, p. 11).

      (2)  OJ L 66, 4.3.2004, p. 45.

      ANNEX
      Directive 76/768/EEC is amended as follows:

                  (1)

                  In Annex II, the following reference numbers 1244 to 1328 are added:

                              Ref. No

                              Chemical name/INCI-name

                              ‘1244

                              1-Methyl-2,4,5-trihydroxybenzene (CAS No 1124-09-0) and its salts, when used as a substance in hair dye products

                              1245

                              2,6-Dihydroxy-4-methylpyridine (CAS No 4664-16-8) and its salts, when used as a substance in hair dye products

                              1246

                              5-Hydroxy-1,4-benzodioxane (CAS No 10288-36-5) and its salts, when used as a substance in hair dye products

                              1247

                              3,4-Methylenedioxyphenol (CAS No 533-31-3) and its salts, when used as a substance in hair dye products

                              1248

                              3,4-Methylenedioxyaniline (CAS No 14268-66-7) and its salts, when used as a substance in hair dye products

                              1249

                              Hydroxypyridinone (CAS No 822-89-9) and its salts, when used as a substance in hair dye products

                              1250

                              3-Nitro-4-aminophenoxyethanol (CAS No 50982-74-6) and its salts, when used as a substance in hair dye products

                              1251

                              2-methoxy-4-nitrophenol (CAS No 3251-56-7) (4-Nitroguaiacol) and its salts, when used as a substance in hair dye products

                              1252

                              C.I. Acid Black 131 (CAS No 12219-01-1) and its salts, when used as a substance in hair dye products

                              1253

                              1,3,5-Trihydroxybenzene (CAS No 108-73-6) (Phloroglucinol) and its salts, when used as a substance in hair dye products

                              1254

                              1,2,4-Benzenetriacetate (CAS No 613-03-6) and its salts, when used as a substance in hair dye products

                              1255

                              Ethanol, 2,2'-iminobis-, reaction products with epichlorohydrin and 2-nitro-1,4-benzenediamine (CAS No 68478-64-8) (CAS 158571-58-5) (HC Blue No 5) and its salts, when used as a substance in hair dye products

                              1256

                              N-Methyl-1,4-diaminoanthraquinone, reaction products with epichlorohydrin and monoethanolamine (CAS No 158571-57-4) (HC Blue No 4) and its salts, when used as a substance in hair dye products

                              1257

                              4-Aminobenzenesulfonic acid (CAS No 121-57-3) and its salts, when used as a substance in hair dye products

                              1258

                              3,3'-(Sulfonylbis(2-nitro-4,1-phenylene)imino)bis(6-(phenylamino)) benzenesulfonic acid and its salts, when used as a substance in hair dye products

                              1259

                              3(or5)-((4-(Benzylmethylamino)phenyl)azo)-1,2-(or1,4)-dimethyl-1H-1,2,4-triazolium and its salts, when used as a substance in hair dye products

                              1260

                              2,2'-((3-Chloro-4-((2,6-dichloro-4-nitrophenyl)azo)phenyl)imino)bisethanol (CAS No 23355-64-8) (Disperse Brown 1) and its salts, when used as a substance in hair dye products

                              1261

                              Benzothiazolium, 2-[[4-[ethyl(2-hydroxyethyl)amino]phenyl]azo]-6-methoxy-3-methyl- and its salts, when used as a substance in hair dye products

                              1262

                              2-[(4-Chloro-2-nitrophenyl)azo]-N-(2-methoxyphenyl)-3-oxobutanamide (CAS No 13515-40-7) (Pigment Yellow 73) and its salts, when used as a substance in hair dye products

                              1263

                              2,2'-[(3,3'-Dichloro[1,1'-biphenyl]-4,4'-diyl)bis(azo)]bis[3-oxo-N-phenylbutanamide] (CAS No 6358-85-6) (Pigment Yellow 12) and its salts, when used as a substance in hair dye products

                              1264

                              2,2'-(1,2-Ethenediyl)bis[5-((4-ethoxyphenyl)azo]benzenesulfonic acid) and its salts, when used as a substance in hair dye products

                              1265

                              2,3-Dihydro-2,2-dimethyl-6-[(4-(phenylazo)-1-naphthalenyl)azo]-1H-pyrimidine (CAS No 4197-25-5) (Solvent Black 3) and its salts, when used as a substance in hair dye products

                              1266

                              3(or5)-[[4-[(7-amino-1-hydroxy-3-sulphonato-2-naphthyl)azo]-1-naphthyl]azo]salicylic acid and its salts, when used as a substance in hair dye products

                              1267

                              2-Naphthalenesulfonic acid, 7-(benzoylamino)-4-hydroxy-3-[[4-[(4-sulfophenyl)azo]phenyl]azo]- and its salts, when used as a substance in hair dye products

                              1268

                              (μ-((7,7'-Iminobis(4-hydroxy-3-((2-hydroxy-5-(N-methylsulphamoyl)phenyl)azo)naphthalene-2-sulphonato))(6-)))dicuprate(2-) and its salts, when used as a substance in hair dye products

                              1269

                              3-[(4-(Acetylamino)phenyl)azo]-4-hydroxy-7-[[[[5-hydroxy-6-(phenylazo)-7-sulfo-2-naphthalenyl]amino]carbonyl]amino]-2-naphthalenesulfonic acid and its salts, when used as a substance in hair dye products

                              1270

                              2-Naphthalenesulfonic acid, 7,7'-(carbonyldiimino)bis(4-hydroxy-3-[[2-sulfo-4-[(4-sulfophenyl)azo]phenyl]azo]-, (CAS No 25188-41-4) and its salts, when used as a substance in hair dye products

                              1271

                              Ethanaminium, N-(4-[bis[4-(diethylamino)phenyl]methylene]-2,5-cyclohexadien-1-ylidene)-N-ethyl- and its salts, when used as a substance in hair dye products

                              1272

                              3H-Indolium, 2-[[(4-methoxyphenyl)methylhydrazono]methyl]-1,3,3-trimethyl- and its salts, when used as a substance in hair dye products

                              1273

                              3H-Indolium, 2-(2-((2,4-dimethoxyphenyl)amino)ethenyl)-1,3,3-trimethyl- and its salts, when used as a substance in hair dye products

                              1274

                              Nigrosine spirit soluble (CAS No 11099-03-9) (Solvent Black 5), when used as a substance in hair dye products

                              1275

                              Phenoxazin-5-ium, 3,7-bis(diethylamino)-, (CAS No 47367-75-9) and its salts, when used as a substance in hair dye products

                              1276

                              Benzo[a]phenoxazin-7-ium, 9-(dimethylamino)-, and its salts, when used as a substance in hair dye products

                              1277

                              6-Amino-2-(2,4-dimethylphenyl)-1H-benz[de]isoquinoline-1,3(2H)-dione (CAS No 2478-20-8) (Solvent Yellow 44) and its salts, when used as a substance in hair dye products

                              1278

                              1-Amino-4-[[4-[(dimethylamino)methyl]phenyl]amino]anthraquinone (CAS No 12217-43-5) and its salts, when used as a substance in hair dye products

                              1279

                              Laccaic Acid (CI Natural Red 25) (CAS No 60687-93-6) and its salts, when used as a substance in hair dye products

                              1280

                              Benzenesulfonic acid, 5-[(2,4-dinitrophenyl)amino]-2-(phenylamino)-, (CAS No 15347-52-1) and its salts, when used as a substance in hair dye products

                              1281

                              4-[(4-Nitrophenyl)azo]aniline (CAS No 730-40-5) (Disperse Orange 3) and its salts, when used as a substance in hair dye products

                              1282

                              4-Nitro-m-phenylenediamine (CAS No 5131-58-8) and its salts, when used as a substance in hair dye products

                              1283

                              1-Amino-4-(methylamino)-9,10-anthracenedione (CAS No 1220-94-6) (Disperse Violet 4) and its salts, when used as a substance in hair dye products

                              1284

                              N-Methyl-3-nitro-p-phenylenediamine (CAS No 2973-21-9) and its salts, when used as a substance in hair dye products

                              1285

                              N1-(2-Hydroxyethyl)-4-nitro-o-phenylenediamine (CAS No 56932-44-6) (HC Yellow No 5) and its salts, when used as a substance in hair dye products

                              1286

                              N1-(Tris(hydroxymethyl))methyl-4-nitro-1,2-phenylenediamine (CAS No 56932-45-7) (HC Yellow No 3) and its salts, when used as a substance in hair dye products

                              1287

                              2-Nitro-N-hydroxyethyl-p-anisidine (CAS No 57524-53-5) and its salts, when used as a substance in hair dye products

                              1288

                              N,N'-Dimethyl-N-Hydroxyethyl-3-nitro-p-phenylenediamine (CAS No 10228-03-2) and its salts, when used as a substance in hair dye products

                              1289

                              3-(N-Methyl-N-(4-methylamino-3-nitrophenyl)amino)propane-1,2-diol (CAS No 93633-79-5) and its salts, when used as a substance in hair dye products

                              1290

                              4-Ethylamino-3-nitrobenzoic acid (CAS No 2788-74-1) (N-Ethyl-3-Nitro PABA) and its salts, when used as a substance in hair dye products

                              1291

                              (8-[(4-Amino-2-nitrophenyl)azo]-7-hydroxy-2-naphthyl)trimethylammonium and its salts, except Basic Red 118 (CAS 71134-97-9) as impurity in Basic Brown 17), when used as a substance in hair dye products

                              1292

                              5-((4-(Dimethylamino)phenyl)azo)-1,4-dimethyl-1H-1,2,4-triazolium and its salts, when used as a substance in hair dye products

                              1293

                              m-Phenylenediamine, 4-(phenylazo)-, (CAS No 495-54-5) and its salts, when used as a substance in hair dye products

                              1294

                              1,3-Benzenediamine, 4-methyl-6-(phenylazo)- and its salts, when used as a substance in hair dye products

                              1295

                              2,7-Naphthalenedisulfonic acid, 5-(acetylamino)-4-hydroxy-3-((2-methylphenyl)azo)- and its salts, when used as a substance in hair dye products

                              1296

                              4,4'-[(4-Methyl-1,3-phenylene)bis(azo)]bis[6-methyl-1,3-benzenediamine] (CAS No 4482-25-1) (Basic Brown 4) and its salts, when used as a substance in hair dye products

                              1297

                              Benzenaminium, 3-[[4-[[diamino(phenylazo)phenyl]azo]-2-methylphenyl]azo]-N,N,N-trimethyl- and its salts, when used as a substance in hair dye products

                              1298

                              Benzenaminium, 3-[[4-[[diamino(phenylazo)phenyl]azo]-1-naphthalenyl]azo]-N,N,N-trimethyl- and its salts, when used as a substance in hair dye products

                              1299

                              Ethanaminium, N-[4-[(4-(diethylamino)phenyl)phenylmethylene]-2,5-cyclohexadien-1-ylidene]-N-ethyl- and its salts, when used as a substance in hair dye products

                              1300

                              9,10-Anthracenedione, 1-[(2-hydroxyethyl)amino]-4-(methylamino)- (CAS No 86722-66-9) and its derivatives and salts, when used as a substance in hair dye products

                              1301

                              1,4-Diamino-2-methoxy-9,10-anthracenedione (CAS No 2872-48-2) (Disperse Red 11) and its salts, when used as a substance in hair dye products

                              1302

                              1,4-Dihydroxy-5,8-bis[(2-hydroxyethyl)amino]anthraquinone (CAS No 3179-90-6) (Disperse Blue 7) and its salts, when used as a substance in hair dye products

                              1303

                              1-[(3-Aminopropyl)amino]-4-(methylamino)anthraquinone and its salts, when used as a substance in hair dye products

                              1304

                              N-[6-[(2-Chloro-4-hydroxyphenyl)imino]-4-methoxy-3-oxo-1,4-cyclohexadien-1-yl]acetamide (CAS No 66612-11-1) (HC Yellow No 8) and its salts, when used as a substance in hair dye products

                              1305

                              [6-[[3-Chloro-4-(methylamino)phenyl]imino]-4-methyl-3-oxocyclohexa-1,4-dien-1-yl]urea (CAS No 56330-88-2) (HC Red No 9) and its salts, when used as a substance in hair dye products

                              1306

                              Phenothiazin-5-ium, 3,7-bis(dimethylamino)- and its salts, when used as a substance in hair dye products

                              1307

                              4,6-Bis(2-Hydroxyethoxy)-m-Phenylenediamine and its salts, when used as a substance in hair dye products

                              1308

                              5-Amino-2,6-Dimethoxy-3-Hydroxypyridine (CAS No 104333-03-1) and its salts, when used as a substance in hair dye products

                              1309

                              4,4'-Diaminodiphenylamine (CAS No 537-65-5) and its salts, when used as a substance in hair dye products

                              1310

                              4-Diethylamino-o-toluidine (CAS No 148-71-0) and its salts, when used as a substance in hair dye products

                              1311

                              N,N-Diethyl-p-phenylenediamine (CAS No 93-05-0) and its salts, when used as a substance in hair dye products

                              1312

                              N,N-Dimethyl-p-phenylenediamine (CAS No 99-98-9) and its salts, when used as a substance in hair dye products

                              1313

                              Toluene-3,4-Diamine (CAS No 496-72-0) and its salts, when used as a substance in hair dye products

                              1314

                              2,4-Diamino-5-methylphenoxyethanol (CAS No 141614-05-3) and its salts, when used as a substance in hair dye products

                              1315

                              6-Amino-o-cresol (CAS No 17672-22-9) and its salts, when used as a substance in hair dye products

                              1316

                              Hydroxyethylaminomethyl-p-aminophenol (CAS No 110952-46-0) and its salts, when used as a substance in hair dye products

                              1317

                              2-Amino-3-nitrophenol (CAS No 603-85-0) and its salts, when used as a substance in hair dye products

                              1318

                              2-Chloro-5-nitro-N-hydroxyethyl-p-phenylenediamine (CAS No 50610-28-1) and its salts, when used as a substance in hair dye products

                              1319

                              2-Nitro-p-phenylenediamine (CAS No 5307-14-2) and its salts, when used as a substance in hair dye products

                              1320

                              Hydroxyethyl-2,6-dinitro-p-anisidine (CAS No 122252-11-3) and its salts, when used as a substance in hair dye products

                              1321

                              6-Nitro-2,5-pyridinediamine (CAS No 69825-83-8) and its salts, when used as a substance in hair dye products

                              1322

                              Phenazinium, 3,7-diamino-2,8-dimethyl-5-phenyl- and its salts, when used as a substance in hair dye products

                              1323

                              3-Hydroxy-4-[(2-hydroxynaphthyl)azo]-7-nitronaphthalene-1-sulphonic acid (CAS No 16279-54-2) and its salts, when used as a substance in hair dye products

                              1324

                              3-[(2-nitro-4-(trifluoromethyl)phenyl)amino]propane-1,2-diol (CAS No 104333-00-8) (HC Yellow No 6) and its salts, when used as a substance in hair dye products

                              1325

                              2-[(4-chloro-2-nitrophenyl)amino]ethanol (CAS No 59320-13-7) (HC Yellow No 12) and its salts, when used as a substance in hair dye products

                              1326

                              3-[[4-[(2-Hydroxyethyl)Methylamino]-2-Nitrophenyl]Amino]-1,2-Propanediol (CAS No 173994-75-7) and its salts, when used as a substance in hair dye products

                              1327

                              3-[[4-[Ethyl(2-Hydroxyethyl)Amino]-2-Nitrophenyl]Amino]-1,2-Propanediol (CAS No 114087-41-1) and its salts, when used as a substance in hair dye products

                              1328

                              Ethanaminium, N-[4-[[4-(diethylamino)phenyl][4-(ethylamino)-1-naphthalenyl]methylene]-2,5-cyclohexadien-1-ylidene]-N-ethyl- and its salts, when used as a substance in hair dye products’

                  (2)

                  Annex III is amended as follows:

                              (a)

                              Part 1 is amended as follows:

                                          (i)

                                          in column b of reference number 8, the words ‘p-Phenylenediamine, its N-substituted derivatives and its salts; N-substituted derivatives of o-Phenylenediamine, with exception of those derivatives listed elsewhere in this Annex’ are replaced by the following ‘p-Phenylenediamine, its N-substituted derivatives and its salts; N-substituted derivatives of o-Phenylenediamine, with the exception of those derivatives listed elsewhere in this Annex and under reference numbers 1309, 1311, and 1312 in Annex II’.

                                          (ii)

                                          in column b of reference number 9, the words ‘Methylphenylenediamines, their N-substituted derivatives and their salts with the exception of substance No 364 in Annex II’ are replaced by the following ‘Methylphenylenediamines, their N-substituted derivatives and their salts with the exception of substances under reference numbers 364, 1310 and 1313 in Annex II’.

                              (b)

                              In Part 2, reference numbers 1, 2, 8, 13, 15, 30, 41, 43, 45, 46, 51, 52, 53, and 54 are deleted.


title: Commission Directive 2009/112/EC of 25 August 2009 amending Council Directive 91/439/EEC on driving licences

text:
               26.8.2009

               EN

               Official Journal of the European Union

               L 223/26

      COMMISSION DIRECTIVE 2009/112/EC
   of 25 August 2009
   amending Council Directive 91/439/EEC on driving licences
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/439/EEC of 29 July 1991 on driving licences (1), and in particular Article 7a(2) thereof,
   Whereas:

               (1)

               The minimum requirements for fitness to drive are not harmonised to the full extent. Member States are allowed to impose standards that are stricter than the minimum European requirements, as laid down in Annex III point 5 to Directive 91/439/EEC.

               (2)

               Since the existence of different requirements in different Member States may affect the principle of free movement the Council specifically asked for a review of the medical standards for driver licensing set out in Annex III to Directive 91/439/EEC in its resolution of 26 June 2000.

               (3)

               In line with this Council resolution, the Commission advised that medium- and long-term work should be undertaken in order to adapt Annex III to scientific and technical progress as laid down in Article 7a(2) of Directive 91/439/EEC.

               (4)

               Eyesight, diabetes and epilepsy were identified as being medical conditions affecting fitness to drive which needed to be considered; to that end working groups comprised of specialists appointed by Member States were set up.

               (5)

               These working groups produced reports with a view to updating the relevant points of Annex III to Directive 91/439/EEC.

               (6)

               Directive 91/439/EEC should therefore be amended accordingly.

               (7)

               The measures provided for in this Directive are in accordance with the opinion of the Committee on driving licences,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex III to Directive 91/439/EEC is amended as set out in the Annex.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than one year after entry into force of this Directive. They shall forthwith inform the Commission thereof.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
   Article 3
   This Directive is addressed to the Member States.

      Done at Brussels, 25 August 2009.

            For the Commission

         Antonio TAJANI

            Vice-President

      (1)  OJ L 237, 24.8.1991, p. 1.

      ANNEX
      Annex III to Directive 91/439/EEC is amended as follows:

                  1.

                  point 6 is replaced by the following:
                  ‘EYESIGHT

                              6.

                              All applicants for a driving licence shall undergo an appropriate investigation to ensure that they have adequate visual acuity for driving power-driven vehicles. Where there is reason to doubt that the applicant’s vision is adequate, he/she shall be examined by a competent medical authority. At this examination attention shall be paid, in particular, to the following: visual acuity, field of vision, twilight vision, glare and contrast sensitivity, diplopia and other visual functions that can compromise safe driving.
                              For group 1 drivers, licensing may be considered in “exceptional cases” where the visual field standard or visual acuity standard cannot be met; in such cases the driver should undergo examination by a competent medical authority to demonstrate that there is no other impairment of visual function, including glare, contrast sensitivity and twilight vision. The driver or applicant should also be subject to a positive practical test conducted by a competent authority.

                     Group 1:

                              6.1.

                              Applicants for a driving licence or for the renewal of such a licence shall have a binocular visual acuity, with corrective lenses if necessary, of at least 0,5 when using both eyes together.
                              Moreover, the horizontal visual field should be at least 120 degrees, the extension should be at least 50 degrees left and right and 20 degrees up and down. No defects should be present within a radius of the central 20 degrees.
                              When a progressive eye disease is detected or declared, driving licences may be issued or renewed subject to the applicant undergoing regular examination by a competent medical authority.

                              6.2.

                              Applicants for a driving licence, or for the renewal of such a licence, who have total functional loss of vision in one eye or who use only one eye (e.g. in the case of diplopia) must have a visual acuity of at least 0,5, with corrective lenses if necessary. The competent medical authority must certify that this condition of monocular vision has existed for a sufficiently long time to allow adaptation and that the field of vision in this eye meets the requirement laid down in paragraph 6.1.

                              6.3.

                              After any recently developed diplopia or after the loss of vision in one eye, there should be an appropriate adaptation period (for example six months), during which driving is not allowed. After this period, driving is only allowed following a favourable opinion from vision and driving experts.

                     Group 2:

                              6.4.

                              Applicants for a driving licence or for the renewal of such a licence shall have a visual acuity, with corrective lenses if necessary, of at least 0,8 in the better eye and at least 0,1 in the worse eye. If corrective lenses are used to attain the values of 0,8 and 0,1, the minimum acuity (0,8 and 0,1) must be achieved either by correction by means of glasses with a power not exceeding plus eight dioptres, or with the aid of contact lenses. The correction must be well tolerated.
                              Moreover, the horizontal visual field with both eyes should be at least 160 degrees, the extension should be at least 70 degrees left and right and 30 degrees up and down. No defects should be present within a radius of the central 30 degrees.
                              Driving licences shall not be issued to or renewed for applicants or drivers suffering from impaired contrast sensitivity or from diplopia.
                              After a substantial loss of vision in one eye, there should be an appropriate adaptation period (for example six months) during which the subject is not allowed to drive. After this period, driving is only allowed after a favourable opinion from vision and driving experts.’;

                  2.

                  point 10 is replaced by the following:
                  ‘DIABETES MELLITUS

                              10.

                              In the following paragraphs, a severe hypoglycaemia means that the assistance of another person is needed and a recurrent hypoglycaemia is defined as a second severe hypoglycaemia during a period of 12 months.

                     Group 1:

                              10.1.

                              Driving licences may be issued to, or renewed for, applicants or drivers who have diabetes mellitus. When treated with medication, they should be subject to authorised medical opinion and regular medical review, appropriate to each case, but the interval should not exceed five years.

                              10.2.

                              Driving licences shall not be issued to, nor renewed for, applicants or drivers who have recurrent severe hypoglycaemia or/and impaired awareness of hypoglycaemia. A driver with diabetes should demonstrate an understanding of the risk of hypoglycaemia and adequate control of the condition.

                     Group 2:

                              10.3.

                              Consideration may be given to the issuing/renewal of group 2 licences to drivers with diabetes mellitus. When treated with medication which carries a risk of inducing hypoglycaemia (that is, with insulin, and some tablets), the following criteria should apply:

                                          —

                                          no severe hypoglycaemic events have occurred in the previous 12 months,

                                          —

                                          the driver has full hypoglycaemic awareness,

                                          —

                                          the driver must show adequate control of the condition by regular blood glucose monitoring, at least twice daily and at times relevant to driving,

                                          —

                                          the driver must demonstrate an understanding of the risks of hypoglycaemia,

                                          —

                                          there are no other debarring complications of diabetes.

                                    Moreover, in these cases, such licences should be issued subject to the opinion of a competent medical authority and to regular medical review, undertaken at intervals of not more than three years.

                              10.4.

                              A severe hypoglycaemic event during waking hours, even unrelated to driving, should be reported and should give rise to a reassessment of the licensing status.’;

                  3.

                  point 12 is replaced by the following:
                  ‘EPILEPSY

                              12.

                              Epileptic seizures or other sudden disturbances of the state of consciousness constitute a serious danger to road safety if they occur in a person driving a power-driven vehicle.
                              Epilepsy is defined as having had two or more epileptic seizures, less than five years apart. A provoked epileptic seizure is defined as a seizure which has a recognisable causative factor that is avoidable.
                              A person who has an initial or isolated seizure or loss of consciousness should be advised not to drive. A specialist report is required, stating the period of driving prohibition and the requested follow-up.
                              It is extremely important that the person’s specific epilepsy syndrome and seizure type are identified so that a proper evaluation of the person’s driving safety can be undertaken (including the risk of further seizures) and the appropriate therapy instituted. This should be done by a neurologist.

                     Group 1:

                              12.1.

                              Drivers assessed under group 1 with epilepsy should be under licence review until they have been seizure-free for at least five years.
                              If the person has epilepsy, the criteria for an unconditional licence are not met. Notification should be given to the licensing authority.

                              12.2.

                              Provoked epileptic seizure: the applicant who has had a provoked epileptic seizure because of a recognisable provoking factor that is unlikely to recur at the wheel can be declared able to drive on an individual basis, subject to neurological opinion (the assessment should be, if appropriate, in accordance with other relevant sections of Annex III (e.g. in the case of alcohol or other co-morbidity).

                              12.3.

                              First or single unprovoked seizure: the applicant who has had a first unprovoked epileptic seizure can be declared able to drive after a period of six months without seizures, if there has been an appropriate medical assessment. National authorities may allow drivers with recognised good prognostic indicators to drive sooner.

                              12.4.

                              Other loss of consciousness: the loss of consciousness should be assessed according to the risk of recurrence while driving.

                              12.5.

                              Epilepsy: drivers or applicants can be declared fit to drive after a one-year period free of further seizures.

                              12.6.

                              Seizures exclusively in sleep: the applicant or driver who has never had any seizures other than seizures during sleep can be declared fit to drive so long as this pattern has been established for a period which must not be less than the seizure-free period required for epilepsy. If there is an occurrence of attacks/seizure arising while awake, a one-year period free of further event before licensing is required (see “Epilepsy”).

                              12.7.

                              Seizures without influence on consciousness or the ability to act: the applicant or driver who has never had any seizures other than seizures which have been demonstrated exclusively to affect neither consciousness nor cause any functional impairment can be declared fit to drive so long as this pattern has been established for a period which must not be less than the seizure-free period required for epilepsy. If there is an occurrence of any other kind of attacks/seizures a one-year period free of further event before licensing is required (see “Epilepsy”).

                              12.8.

                              Seizures because of a physician-directed change or reduction of anti-epileptic therapy: the patient may be advised not to drive from the commencement of the period of withdrawal and thereafter for a period of six months after cessation of treatment. Seizures occurring during physician-advised change or withdrawal of medication require three months off driving if the previously effective treatment is reinstated.

                              12.9.

                              After curative epilepsy surgery: see “Epilepsy”.

                     Group 2:

                              12.10.

                              The applicant should be without anti-epileptic medication for the required period of seizure freedom. An appropriate medical follow-up has been done. On extensive neurological investigation, no relevant cerebral pathology was established and there is no epileptiform activity on the electroencephalogram (EEG). An EEG and an appropriate neurological assessment should be performed after the acute episode.

                              12.11.

                              Provoked epileptic seizure: the applicant who has had a provoked epileptic seizure because of a recognisable provoking factor that is unlikely to recur at the wheel can be declared able to drive on an individual basis, subject to neurological opinion. An EEG and an appropriate neurological assessment should be performed after the acute episode.
                              A person with a structural intra-cerebral lesion who has increased risk of seizures should not be able to drive vehicles of group 2 until the epilepsy risk has fallen to at least 2 % per annum. The assessment should be, if appropriate, in accordance with other relevant sections of Annex III (e.g. in the case of alcohol).

                              12.12.

                              First or single unprovoked seizure: the applicant who has had a first unprovoked epileptic seizure can be declared able to drive once five years freedom from further seizures has been achieved without the aid of anti-epileptic drugs, if there has been an appropriate neurological assessment. National authorities may allow drivers with recognised good prognostic indicators to drive sooner.

                              12.13.

                              Other loss of consciousness: the loss of consciousness should be assessed according to the risk of recurrence while driving. The risk of recurrence should be 2 % per annum or less.

                              12.14.

                              Epilepsy: 10 years freedom from further seizures shall have been achieved without the aid of anti-epileptic drugs. National authorities may allow drivers with recognised good prognostic indicators to drive sooner. This also applies in case of “juvenile epilepsy”.
                              Certain disorders (e.g. arterio-venous malformation or intra-cerebral haemorrhage) entail an increased risk of seizures, even if seizures have not yet occurred. In such a situation an assessment should be carried out by a competent medical authority; the risk of having a seizure should be 2 % per annum or less to allow licensing.’


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31982L0625

Commission Directive 82/625/EEC of 1 July 1982 adapting to technical progress Council Directive 77/313/EEC on the approximation of the laws of the Member States relating to measuring systems for liquids other than water

Official Journal L 252 , 27/08/1982 P. 0010 - 0029 Finnish special edition: Chapter 13 Volume 12 P. 0112  Spanish special edition: Chapter 13 Volume 12 P. 0258  Swedish special edition: Chapter 13 Volume 12 P. 0112  Portuguese special edition Chapter 13 Volume 12 P. 0258

COMMISSION DIRECTIVE of 1 July 1982 adapting to technical progress Council Directive 77/313/EEC on the approximation of the laws of the Member States relating to measuring systems for liquids other than water (82/625/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (1), as last amended by the Act of Accession of Greece, and in particular Article 17 thereof,  Whereas, in view of technical developments in the field in question, Directive 77/313/EEC (2) should be amended;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives for the Elimination of Technical Barriers to Trade in Measuring Instruments,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Annex to Directive 77/313/EEC is hereby amended as follows:  1. Item 2.2.6.2.3 is replaced by the following:  "2.2.6.2.3. The compartments of the tank shall be fitted with an anti-swirl device, except where the measuring system has a gas separator in conformity with item 1.6.2.1.4."   2. The following item is inserted after item 3.1.2.4.2:  "3.1.3. In the case of the measuring systems referred to in 2.2 and 2.4, EEC pattern approval may be granted on the basis of drawings and diagrams, provided that they comply with the provisions of section 4."   3. A section 4 is added in accordance with the Annex.      Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary in order to comply with this Directive on 1 May 1983. They shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 1 July 1982.  For the Commission  Karl-Heinz NARJES  Member of the Commission  (1) OJ No L 202, 6.9.1971, p. 1. (2) OJ No L 105, 28.4.1977, p. 18.     ANNEX 4. MEASURING SYSTEMS FITTED TO ROAD TANKERS  4.1. General requirements  The measuring systems fitted to road tankers referred to in items 2.2 and 2.4 may obtain EEC pattern approval solely on the basis of an examination of the documents produced, if the latter are in conformity with one of the standard schemes referred to in item 4.2 and meet the requirements set out below:  4.1.1. Indication of the standard scheme adopted must be added to the markings specified in item 1.16.   4.1.2. The components of the measuring system must have received EEC pattern approval when such approval is specified either in Directive 71/319/EEC of 26 July 1971 relating to meters for liquids other than water, Directive 71/348/EEC of 12 October 1971 relating to ancillary equipment for meters for liquids other than water or in this Directive.   4.1.3. If a tank has several compartments, the outlet pipes from the compartments may be connected to a measuring system separately or through a manifold, unless otherwise specified in the relevant standard scheme. The provisions of the second paragraph of item 2.2.1 shall apply in all cases.  Where a measuring system is connected to several compartments through a manifold, there shall be a device for preventing several compartments from communicating with the measuring system simultaneously. This requirement does not, however, apply if the measuring system has a gas separator in conformity with item 1.6.2.1.4.   4.1.4. If a road tanker has two measuring systems which can be connected as required to one or more specific compartments, the pipes and valves must be arranged so that the two measuring systems cannot be connected to the same compartments simultaneously. In addition, the connections between compartments and measuring systems must be clearly marked so as to prevent a compartment being mistakenly connected to a measuring system not designed to measure the product which it contains.   4.1.5. If an anti-swirl device is specified requirement, it may be combined with the valve in the bottom of the compartment.   4.1.6. The pipework, valves and taps between compartments and measuring systems must be arranged in such a way that it is impossible to connect a measuring system to a tank separate from the road tanker.   4.1.7. The filter normally provided immediately upstream of the meter or the degassing equipment may be incorporated in the latter.   4.1.8. It must be possible to seal devices which allow delivery without passing through the meter in order to comply with any national requirements.   4.1.9. Where measuring systems include two-way valves, the latter must be so designed as to render simultaneous communication between the three orifices impossible.      4.2. Standard schemes     Standard scheme S 1 Operation by gravity with permanent vent at point of transfer  Allows : metered delivery only (empty hose). >PIC FILE= "T0022236">    Key to standard scheme S 1   >PIC FILE= "T9001324">  Standard scheme S 2 Operation by gravity without permanent vent at point of transfer during delivery  Allows:  (a) metered delivery (empty hose);   (b) direct unmetered delivery, emptying and filling of the tank without passing through the meter.  >PIC FILE= "T0022237">   Key to standard scheme S 2  >PIC FILE= "T9001325">  Standard scheme S 3  The measuring system includes a pump, a gas separator and one or two full hoses.  Allows:  (a) metered delivery by pump (full hose);   (b) direct unmetered delivery (with or without pump), emptying and filling of the tank without passing through the meter.  >PIC FILE= "T0022238">   Key to standard scheme S 3  >PIC FILE= "T9001326">  Standard scheme S 4  The measuring system has a pump, a gas separator, one empty hose or one full and one empty hose.  Allows:  (a) metered delivery by pump (full or empty hose);   (b) metered gravity-feed delivery (empty hose);   (c) direct unmetered delivery (which or without pump), emptying and filling of the tank without passing through the meter.  >PIC FILE= "T0022239">   Key to standard scheme S 4  >PIC FILE= "T9001327">  Standard scheme S 5  The measuring system includes a pump, a gas extractor and one or two full hoses.  It only allows metered deliveries by pump (full hose). >PIC FILE= "T0022240">    Key to standard scheme S 5  >PIC FILE= "T9001328">  Standard scheme S 6  The measuring system includes a gas separator combined with the supply pump, one or two full hoses, or one empty hose, or one full and one empty hose.  Allows:  (a) metered delivery by pump (full or empty hose);   (b) direct delivery with or without pump, without passing through the meter, and emptying and filling of the tank without passing through the meter.  >PIC FILE= "T0022241">   Key to standard scheme S 6  >PIC FILE= "T9001329">  Standard scheme S 7  The measuring system includes a pump, a special gas extractor, one or two full hoses, or one empty hose or one full hose and one empty hose.  Allows:  (a) metered delivery by pump (full or empty hose);   (b) metered gravity-feed delivery (empty hose);   (c) direct delivery with or without pump, without passing through the meter, and emptying and filling of the tank without passing through the meter.  >PIC FILE= "T0022242">   Key to standard scheme S 7  >PIC FILE= "T9001330">  Standard scheme S 8  The measuring system includes a pump, a three-way valve, a special gas extractor, one or two full hoses, or one empty hose or one full and one empty hose.  Allows :  (a) metered delivery by pump (full or empty hose);   (b) gravity-feed metered delivery (empty hose);   (c) direct delivery with or without pump, without passing through the meter, and emptying and filling of the tank without passing through the meter.  >PIC FILE= "T0022243">   Key to standard scheme S 8  >PIC FILE= "T9001331">  Standard scheme S 9  The measuring system includes a pump, a gas separator, a pressure-maintaining valve and a full hose.  Allows:  (a) metered delivery by pump (full hose);   (b) delivery with or without pump, without passing through the meter, and emptying and filling of the tank without passing through the meter.  >PIC FILE= "T0022244">   Key to standard scheme S 9  >PIC FILE= "T9001332">


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31968L0312

Council Directive 68/312/EEC of 30 July 1968 on harmonisation of the provisions laid down by law, regulation or administrative action relating to: 1. customs treatment of goods entering the customs territory of the Community; 2. temporary storage of such goods

Official Journal L 194 , 06/08/1968 P. 0013 - 0016 Danish special edition: Series I Chapter 1968(II) P. 0409  English special edition: Series I Chapter 1968(II) P. 0416  Greek special edition: Chapter 02 Volume 1 P. 0026  Spanish special edition: Chapter 02 Volume 1 P. 0013  Portuguese special edition Chapter 02 Volume 1 P. 0013

++++ ( 1 ) OJ N C 55 , 5 . 6 . 1968 , P . 34 .   ( 2 ) OJ N C 58 , 13 . 6 . 1968 , P . 5 .  COUNCIL DIRECTIVE  OF 30 JULY 1968  ON HARMONISATION OF THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO :  1 . CUSTOMS TREATMENT OF GOODS ENTERING THE CUSTOMS TERRITORY OF THE COMMUNITY  2 . TEMPORARY STORAGE OF SUCH GOODS   ( 68/312/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ;  WHEREAS THE COMMUNITY IS BASED UPON A CUSTOMS UNION ;  WHEREAS THE ESTABLISHMENT OF THE CUSTOMS UNION IS GOVERNED IN THE MAIN BY TITLE I , CHAPTER 1 OF THE TREATY ; WHEREAS THAT CHAPTER OF THE TREATY CONTAINS A SERIES OF SPECIFIC PROVISIONS , DEALING IN PARTICULAR WITH THE ELIMINATION OF CUSTOMS DUTIES BETWEEN MEMBER STATES , THE ESTABLISHMENT AND PROGRESSIVE INTRODUCTION OF THE COMMON CUSTOMS TARIFF AND THE AUTONOMOUS ALTERATION OR SUSPENSION OF THE DUTIES THEREIN ; WHEREAS , WHILE ARTICLE 27 PROVIDES THAT MEMBER STATES SHALL , BEFORE THE END OF THE FIRST STAGE IN SO FAR AS MAY BE NECESSARY , TAKE STEPS TO APPROXIMATE THEIR PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF CUSTOMS MATTERS , THAT ARTICLE DOES NOT EMPOWER THE INSTITUTIONS OF THE COMMUNITY TO ISSUE BINDING PROVISIONS IN THAT FIELD ; WHEREAS , HOWEVER , A THOROUGH EXAMINATION , UNDERTAKEN JOINTLY WITH MEMBER STATES , HAS SHOWN THE NEED IN CERTAIN FIELDS FOR DECISION , BY BINDING ACTS OF THE COMMUNITY , UPON MEASURES ESSENTIAL FOR THE INTRODUCTION OF CUSTOMS LEGISLATION WHICH WILL ENSURE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF ;  WHEREAS IN ALL THE MEMBER STATES THERE ARE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION CONCERNING CUSTOMS TREATMENT OF GOODS ENTERING THE CUSTOMS TERRITORY OF THOSE STATES ; WHEREAS TEMPORARY STORAGE OF SUCH GOODS IS PROVIDED FOR IN MOST OF THE MEMBER STATES ;  WHEREAS CERTAIN DIFFERENCES CONTAINED IN THOSE PROVISIONS COULD LEAD TO DEFLECTION OF TRADE AND OF CUSTOMS RECEIPTS IF THEY WERE TO REMAIN OPERATIVE AFTER THE CUSTOMS UNION HAS BEEN FULLY ACHIEVED ;  WHEREAS SUCH PROVISIONS DIRECTLY AFFECT THE ESTABLISHMENT AND OPERATION OF THE COMMON MARKET ;  WHEREAS IT IS NECESSARY FOR COMMON RULES TO BE MADE IN THE MEMBER STATES APPLICABLE TO CUSTOMS TREATMENT OF GOODS ENTERING THE COMMUNITY AND TO TEMPORARY STORAGE OF SUCH GOODS UNDER CUSTOMS SUPERVISION WHERE THEY ARE NOT IMMEDIATELY AFTER THEIR ARRIVAL REDISPATCHED OUT OF THE COMMUNITY OR PLACED UNDER A CUSTOMS PROCEDURE ;  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . THIS DIRECTIVE PRESCRIBES THE RULES WHICH MUST BE INCORPORATED IN THE PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN MEMBER STATES IN RESPECT OF CUSTOMS TREATMENT OF GOODS ENTERING THE CUSTOMS TERRITORY OF THE COMMUNITY OR COMING FROM A FREE ZONE SITUATED IN THE TERRITORY OF THE COMMUNITY , AND ALSO THE RULES CONCERNING PROVISIONAL DEPOSIT OF THOSE GOODS WHERE SUCH A SYSTEM EITHER EXISTS OR IS PLANNED WITHIN A MEMBER STATE .  2 . GOODS ADMITTED TO AND ALLOWED TO REMAIN ON THE CUSTOMS TERRITORY OF THE COMMUNITY , WITHOUT IMMEDIATELY BEING PLACED UNDER A CUSTOMS PROCEDURE , SHALL BE CONSIDERED TO BE IN TEMPORARY STORAGE IN PARTICULAR FOR PURPOSES OF THE NATIONAL LAWS LISTED IN THE ANNEX TO THIS REGULATION .  TITLE I  CUSTOMS TREATMENT  ARTICLE 2  1 . ALL GOODS ENTERING THE CUSTOMS TERRITORY OF THE COMMUNITY OR COMING FROM A FREE ZONE SITUATED IN THE TERRITORY OF THE COMMUNITY SHALL BE SUBJECT TO CUSTOMS CONTROL .  2 . THEY SHALL IMMEDIATELY BE CONVEYED , BY THE ROUTE DESIGNATED BY THE COMPETENT NATIONAL AUTHORITIES , TO A CUSTOMS OFFICE OR OTHER PLACE DESIGNATED BY THOSE AUTHORITIES AND UNDER THE SUPERVISION OF THE CUSTOMS AUTHORITIES .  ARTICLE 3  1 . A SUMMARY DECLARATION SHALL BE LODGED IN RESPECT OF THE GOODS TO WHICH ARTICLE 2 APPLIES IN ACCORDANCE WITH PARAGRAPH 2 , UNLESS THEY HAVE ALREADY BEEN PLACED UNDER A CUSTOMS PROCEDURE OR ARE IMMEDIATELY SO PLACED .  2 . SUBJECT TO THE CONDITIONS PRESCRIBED BY THE COMPETENT NATIONAL AUTHORITIES ANY COMMERCIAL , ADMINISTRATIVE OR CUSTOMS DOCUMENT MAY BE TREATED AS A SUMMARY DECLARATION IF IT CONTAINS THE FOLLOWING MINIMUM INFORMATION :   _ THE NUMBER , NATURE , MARKS AND NUMBERS OF THE PACKAGES ;   _ NATURE AND GROSS WEIGHT OF THE GOODS ;   _ NATURE AND CHARACTERISTICS OF THE MEANS OF TRANSPORT BY WHICH THE GOODS WERE BROUGHT IN ;   _ PLACE AT WHICH THE GOODS WERE LOADED ON TO THIS MEANS OF TRANSPORT .  3 . PARAGRAPH 1 SHALL BE WITHOUT PREJUDICE TO THE SPECIAL PROVISIONS ENABLING THE COMPETENT NATIONAL AUTHORITIES TO WAIVE THE OBLIGATION TO LODGE A SUMMARY DECLARATION WITH REGARD TO GOODS IMPORTED BY TRAVELLERS OR TO GOODS FORMING THE SUBJECT OF FRONTIER TRAFFIC , IF THOSE PROVISIONS ENSURE COLLECTION OF CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT AND AGRICULTURAL LEVIES DUE IN RESPECT OF THOSE GOODS .  ARTICLE 4  1 . THE SUMMARY DECLARATION SHALL BE LODGED IMMEDIATELY BY THE PERSON RESPONSIBLE FOR THE GOODS OR BY HIS AGENT . THE COMPETENT NATIONAL AUTHORITIES MAY , HOWEVER , FIX A TIME LIMIT FOR LODGING OF THE DECLARATION OF NOT MORE THAN TWENTY-FOUR HOURS AFTER ARRIVAL OF THE GOODS AT THE CUSTOMS OFFICE OR PLACE REFERRED TO IN ARTICLE 2 ( 2 ) , WHICH TIME LIMIT SHALL NOT INCLUDE NON-WORKING DAYS .  THE SUMMARY DECLARATION SHALL BE STAMPED BY THE CUSTOMS AUTHORITIES .  2 . UNTIL A SUMMARY DECLARATION HAS BEEN LODGED THE GOODS MAY BE UNLOADED ONLY UPON AUTHORISATION BY THE CUSTOMS AUTHORITIES AND IN PLACES UNDER THEIR SUPERVISION .  TITLE II  TEMPORARY STORAGE  ARTICLE 5  ALL GOODS PRODUCED TO CUSTOMS IN ACCORDANCE WITH ARTICLES 2 AND 4 SHALL REMAIN UNDER CUSTOMS CONTROL UNTIL THE CUSTOMS AUTHORITIES AUTHORISE THEIR REMOVAL . THIS PROVISION SHALL APPLY ALSO TO GOODS ARRIVING AT THE OFFICE OF DESTINATION UNDER A TRANSIT PROCEDURE .  UNTIL THEN THE GOODS SHALL REMAIN ON TEMPORARY STORAGE IN PUBLIC OR PRIVATE PREMISES DESIGNATED BY THE COMPETENT NATIONAL AUTHORITIES AND UNDER CONDITIONS PRESCRIBED BY THEM . THE GOODS MAY BE HANDLED ONLY TO THE EXTENT THAT IS USUAL FOR PRESERVING THEM IN THEIR UNALTERED STATE , UNDER CONDITIONS WHICH SHALL BE PRESCRIBED BY THOSE AUTHORITIES .  ARTICLE 6  GOODS TO WHICH ARTICLE 5 APPLIES AND WHICH ARRIVE BY SEA SHALL BE PLACED UNDER A CUSTOMS PROCEDURE OR REDISPATCHED OUT OF THE COMMUNITY BEFORE EXPIRATION OF A TIME LIMIT TO BE FIXED BY THE COMPETENT NATIONAL AUTHORITIES . THIS TIME LIMIT SHALL NOT EXTEND BEYOND THE FORTY-FIFTH DAY FOLLOWING THE DAY ON WHICH THE SUMMARY DECLARATION WAS LODGED OR , WHERE THE GOODS CONCERNED WERE PREVIOUSLY PLACED UNDER A TRANSIT PROCEDURE , BEYOND THE FORTY-FIFTH DAY FOLLOWING THE DAY OF ARRIVAL OF THE GOODS AT THE OFFICE OF DESTINATION .  ARTICLE 7  1 . GOODS TO WHICH ARTICLE 5 APPLIES AND WHICH ARRIVE BY MEANS OTHER THAN BY SEA SHALL BE PLACED UNDER A CUSTOMS PROCEDURE OR REDISPATCHED OUT OF THE COMMUNITY BEFORE EXPIRATION OF THE TIME LIMIT SET BY THE COMPETENT NATIONAL AUTHORITIES . SUCH TIME LIMIT SHALL NOT EXTEND BEYOND THE FIFTEENTH DAY FOLLOWING THE DAY ON WHICH THE SUMMARY DECLARATION WAS LODGED OR , WHERE THE GOODS CONCERNED WERE PREVIOUSLY PLACED UNDER A TRANSIT PROCEDURE , BEYOND THE FIFTEENTH DAY FOLLOWING THE DAY OF ARRIVAL OF THE GOODS AT THE OFFICE OF DESTINATION .  2 . THE TIME LIMIT OF FIFTEEN DAYS MAY BE EXTENDED IF REQUIRED FOR THE PURPOSE OF ASCERTAINING THE PRECISE COMPOSITION OF THE GOODS . THE TIME LIMIT SHALL NOT BE EXTENDED LONGER THAN IS REQUIRED FOR COMPLETION OF THIS OPERATION .  ARTICLE 8  1 . WHERE THE TIME LIMITS FIXED RESPECTIVELY IN ARTICLES 6 AND 7 EXPIRE ON A NON-WORKING DAY , THEY SHALL BE EXTENDED UNTIL THE END OF THE FIRST WORKING DAY THEREAFTER .  2 . WHERE EXCEPTIONAL CIRCUMSTANCES SO WARRANT , THE COMPETENT NATIONAL AUTHORITIES MAY ACCORDINGLY EXTEND THE TIME LIMITS FIXED RESPECTIVELY IN ARTICLES 6 AND 7 .  ARTICLE 9  WHERE , ON EXPIRY OF THE TIME LIMIT APPOINTED PURSUANT TO ARTICLES 6 , 7 OR 8 RESPECTIVELY , THE GOODS HAVE NOT BEEN THE SUBJECT OF A DECLARATION FOR THE PURPOSE OF PLACING THEM UNDER A CUSTOMS PROCEDURE OR HAVE NOT BEEN REDISPATCHED OUT OF THE COMMUNITY , THE COMPETENT NATIONAL AUTHORITIES SHALL TAKE THE NECESSARY MEASURES TO PLACE THEM FORTHWITH BY OFFICIAL ACTION UNDER A CUSTOMS PROCEDURE .  ARTICLE 10  THE MEMBER STATES SHALL BRING INTO FORCE NOT LATER THAN JANUARY 1969 THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE .  ARTICLE 11  EACH MEMBER STATE SHALL INFORM THE COMMISSION OF THE PROVISIONS THAT IT ADOPTS IN IMPLEMENTATION OF THIS DIRECTIVE .  THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 12  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 30 JULY 1968 .  FOR THE COUNCIL  THE PRESIDENT  G . MEDICI  ANNEX   ( ARTICLE 1 ( 2 ) )  1 . FEDERAL REPUBLIC OF GERMANY   _ VERWAHRUNG ( ZOLLGESETZ , 8 )  2 . KINGDOM OF BELGIUM   _ MAGASINS DE DEPOT PROVISOIRE / MAGAZIJNEN VOOR VOORLOPIGE OPSLAG ( ARRETE ROYAL OF 7 . 7 . 1847 , ART . 155 ; ARRETE ROYAL / KONINKLIJK BESLUIT OF 18 . 2 . 1952 , ART . 7 )  3 . FRENCH REPUBLIC   _ MAGASINS ET AIRES DE DEDOUANEMENT ( CODE DES DOUANES , ART . 82 BIS TO 82 SEXIES )  4 . ITALIAN REPUBLIC   _ RECINTI DOGANALI TEMPORANEA CUSTODIA E MAGAZZINI DOGANALI TEMPORANEA CUSTODIA ( REGOLAMENTO DOGANALE , ART . 21 )   _ MAGAZZINI SOTTO SORVEGLIANZA DOGANALE E CAPANNONI SOTTO SORVEGLIANZA DOGANALE ( REGOLAMENTO DOGANALE , ART . 21 AND THE AMENDMENTS THERETO )  5 . GRAND DUCHY OF LUXEMBOURG   _ MAGASINS DE DEPOT PROVISOIRE ( ARRETE GRAND-DUCAL OF 20 . 4 . 1922 , ART . 1 ; ARRETE MINISTERIEL OF 19 . 3 . 1952 , ART . 1 )