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31992L0062

Commission Directive 92/62/EEC of 2 July 1992 adapting to technical progress Council Directive 70/311/EEC relating to steering equipment for motor vehicles and their trailers

Official Journal L 199 , 18/07/1992 P. 0033 - 0047 Finnish special edition: Chapter 7 Volume 4 P. 0087  Swedish special edition: Chapter 7 Volume 4 P. 0087

COMMISSION DIRECTIVE 92/62/EEC  of 2 July 1992  adapting to technical progress Council Directive 70/311/EEC relating to steering equipment for motor vehicles and their trailersTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/311/EEC of 8 June 1970, on the approximation of the laws of the Member States relating to steering equipment of motor vehicles and their trailers (1) and in particular Article 3 thereof,  Whereas a comprehensive evaluation of Directive 70/311/EEC has shown that it is possible to improve road safety further by applying practical experience and technological development and taking into account the progress made in the Economic Commission  for Europe of the United Nations, notably in Regulation No 79 and supplements 1 and 2 thereto. These improvements may be obtained by reducing steering control effort, inserting requirements for power-assisted steering equipment using the same energy  source as the braking device, introducing a steering test at higher speed for motor vehicles, introducing requirements for auxiliary steering equipment, and introducing a uniform presentation for the information document and the EEC type-approval  certificate in order to facilitate computerization of storage and transmission of data by applicants and approval authorities;  Whereas it is also necessary to adapt to technical progress definitions and existing requirements;  Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the directives on the removal of technical barriers to trade in motor vehicles, set up under Article 12 (1) of  Directive 70/156 (2),  HAS ADOPTED THIS REGULATION:  Article 1  1. Directive 70/311/EEC is modified as follows:  in Article 2 the word 'Annex' is replaced by the word 'Annexes'.  2. The Annex is replaced by the Annexes to this Directive.  Article 2  1. With effect from 1 January 1993 no Member State may on grounds relating to steering equipment:  - refuse, in respect of a type of vehicle, to grant EEC type-approval, or to issue the copy of the certificate provided for in the last indent of Article 10 (1) of Council Directive 70/156/EEC, or to grant national type-approval, or  - prohibit the entry into service of vehicles,  if the steering equipment of this type of vehicle or of these vehicles comply with the provisions of Directive 70/311/EEC, as amended by this Directive.  2. With effect from 1 October 1993 Member States:  - shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156 in respect of a type of vehicle,  - may refuse to grant national type-approval in respect of a type of vehicle,  of which the steering equipment does not comply with the provisions of Directive 70/311/EEC, as amended by this Directive.  3. With effect from 1 October 1995 Member States may prohibit the entry into service of vehicles of which the steering equipment does not comply with the provisions of Directive 70/311/EEC, as amended by this Directive.  Article 3  1. Member States shall implement the provisions necessary to comply with this Directive before 1 January 1993. They shall forthwith inform the Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  2. Member States shall ensure that they communicate to the Commission the wording of any essential provisions of national law that they adopt in the field covered by this Directive.  Article 4  This Directive is addressed to the Member States. Done at Brussels, 2 July 1992. For the Commission  Martin BANGEMANN  Vice-President   (1) OJ No L 133, 18. 6. 1970, p. 10. (2) OJ No L 42, 23. 2. 1970, p. 1.    ANNEX  'ANNEXES TO DIRECTIVE 70/311/EEC  LIST OF ANNEXES   Annex I:  Definitions, application for EEC type-approval and specifications  Annex II:  Information document  Annex III:  Braking performance for vehicles using the same energy source for steering and braking  Annes IV:  Additional provisions for  vehicles with auxiliary steering equipment (ASE)  Annex V:  Provisions for trailers having purely hydraulic steering transmissions  Annex VI:  Type-approval certificate  ANNEX I  DEFINITIONS, APPLICATION FOR EEC APPROVAL AND SPECIFICATIONS   1.  DEFINITIONS   For the purposes of this Directive:  1.1.  Approval of a vehicle means the approval of a vehicle type with regard to its steering equipment;  1.2.  Vehicle type means a category of vehicle which does not differ with respect to  the manufacturer's designation of the vehicle type and/or variations which can affect its steering;  1.3.  Steering equipment means all the equipment the purpose of which is to determine the direction of movement of the vehicle.   The steering equipment  consists of:   - the steering control,   - the steering transmission,   - the steered wheels,   - the energy supply, if any;  1.3.1.  Steering control means the part of the steering equipment which controls its operation, it may be operated with or  without direct intervention of the driver. For steering equipment in which the steering forces are provided solely or partly by the muscular effort of the driver the steering control includes all parts up to the point where the steering effort is  transformed by mechanical, hydraulic or electrical means;  1.3.2.  Steering transmission includes all parts of the steering equipment which are the means of transmitting the steering forces between the steering control and the steered wheels; it  includes all parts down from the point where the steering control effort is transformed by mechanical, hydraulic or electrical means;  1.3.3.  Steered wheels means the wheels the alignment of which may be altered directly or indirectly in relation to  the longitudinal axis the vehicle in order to determine the direction of movement of the vehicle. (The steered wheels include the axis around which they are rotated in order to determine the direction of movement of the vehicle);  1.3.4.  Energy supply  includes those parts of the steering equipment which provide it with energy, control the energy and where appropriate, process and store it. It also includes any storage reservoirs for the operating medium and the return lines, but not the vehicle's  engine (except for the purposes of item 4.1.3) or its drive to the energy source;  1.3.4.1.  Energy source means that part of the energy supply which provides the energy in the required form e.g. hydraulic pump, air compressor;  1.3.4.2.  Energy  reservoir means that part of the energy supply in which the energy provided by the energy source is stored;  1.3.4.3.  Storage reservoir means that part of the energy supply in which the operating medium is stored at or near to the atmospheric pressure.   1.4.  Steering parameters  1.4.1.  Steering control effort means the force applied to the steering control in order to steer the vehicle;  1.4.2.  Steering time means the period of time from the beginning of the movement of the steering control to the  moment at which the steered wheels have reached a specific steering angle;  1.4.3.  Steering angle means the angle between the projection of a longitudinal axis of the vehicle and the line of intersection of the wheelplane (being the central plane of  the tyre, normal to the spin axis of the wheel) and the road surface;  1.4.4.  Steering forces mean all the forces operating in the steering transmission;  1.4.5  Mean steering ratio means the ratio of the angular displacement of the steering control to  the mean of the swept steering angle of the steered wheels for a full lock-to-lock turn;  1.4.6.  Turning circle means the circle within which are located the projections onto the ground plane of all the points of the vehicle, excluding the external  mirrors and the front direction indicators, when the vehicle is driven in a circle;  1.4.7.  Nominal radius of steering control means in the case of a steering wheel the shortest dimension from its centre of rotation to the outer edge of the rim. In the  case of any other form of control, it means the distance between its centre of rotation and the point at which the steering effort is applied. If more than one such point is provided, the one requiring the greatest effort shall be used.  1.5.  Types of  steering equipment   Depending on the way the steering forces are produced, the following types of steering equipment are distinguished:  1.5.1.  For motor vehicles  1.5.1.1.  Manual steering equipment in which the steering forces result solely from the  muscular effort of the driver;  1.5.1.2.  Power assisted steering equipment in which the steering forces result from both the muscular effort of the driver and the energy supply (supplies);  1.5.1.2.1.  Steering equipment in which the steering forces  result solely from one or more energy supplies when the equipment is intact, but in which the steering forces can be provided by the muscular effort of the driver alone if there is a fault in the steering (integrated power systems), is also considered  to be power assisted steering equipment;  1.5.1.3.  Full-power steering equipment in which the steering forces are provided solely by one or more energy supplies;  1.5.1.4.  Self-tracking equipment is a system designed to create a change of steering  angle on one or more wheels only when acted upon by forces and/or moments applied to the tyre to road contact.  1.5.2.  For trailers  1.5.2.1.  Self-tracking equipment   see item 1.5.1.4 above.  1.5.2.2.  Articulated steering equipment in which the  steering forces are produced by a change in direction of the towing vehicle and in which the movement of the steered trailer wheels is firmly linked to the relative angle between the longitudinal axis of the towing vehicle and that of the trailer;   1.5.2.3.  Self-steering equipment in which the steering forces are produced by a change in direction of the towing vehicle and in which the movement of the steered trailer wheels is firmly linked to the relative angle between the longitudinal axis of  the trailer frame or a load replacing it and the longitudinal axis of the sub-frame to which the axle(s) is (are) attached.  1.5.3.  Depending on the arrangement of the steered wheels, the following types of steering equipment are distinguished:   1.5.3.1.  Front-wheel steering equipment in which only the wheels of the front axle(s) are steered. This includes all wheels which are steered in the same direction;  1.5.3.2.  Rear-wheel steering equipment in which only the wheels of the rear axle(s)  are steered. This includes all wheels which are steered in the same direction;  1.5.3.3.  Multi-wheel steering equipment in which the wheels of one or more of each of the front and the rear axle(s) are steered;  1.5.3.3.1.  All-wheel steering equipment  in which all the wheels are steered;  1.5.3.3.2.  Buckle steering equipment in which the movement of chassis parts relative to each other is directly produced by the steering forces.  1.5.3.4.  Auxiliary Steering Equipment (ASE) in which the rear wheels  of vehicles of category M and N are steered in addition to the front wheels, in the same direction or in the opposite direction to the front wheels, and/or the steering angle of the front wheels and/or the rear wheels may be adjusted relative to vehicle  behaviour.  1.6.  Types of steering transmission   Depending on the way the steering forces are transmitted, the following types of steering transmission are distinguished:  1.6.1.  Purely mechanical steering transmission means a steering transmission  in which the steering forces are transmitted entirely by mechanical means;  1.6.2.  Purely hydraulic steering transmission means a steering transmission in which the steering forces, somewhere in the transmission, are transmitted only by hydraulic  means;  1.6.3.  Purely electric steering transmission means a steering transmission in which the steering forces, somewhere in the transmission, are transmitted only through electric means;  1.6.4.  Hybrid steering transmission means a transmission in  which part of the steering forces are transmitted through one and the other part through another of the abovementioned means;  1.6.4.1.  Hybrid mechanical steering transmission means a steering transmission where a part of the steering forces is  transmitted by purely mechanical means and the other parts either by:  1.6.4.1.1.  hydraulic or mechanical/hydraulic  or  1.6.4.1.2.  electric or mechanical/electric  or  1.6.4.1.3.  pneumatic or mechanical/pneumatic means.   In either case, where the mechanical part of the transmission is designed only to give position feedback and is too weak to transmit the total sum of the steering forces, this system shall be  considered to be purely hydraulic, respectively purely electric, or purely pneumatic steering transmission;  1.6.4.2.  Other hybrid steering transmission means any other combination of the abovementioned steering transmissions.  2.  APPLICATION FOR EEC  TYPE-APPROVAL  2.1.  The application for approval of a vehicle type with regard to the steering equipment shall be submitted by the vehicle manufacturer.  2.2.  It shall be accompanied by the information required by the information document which is  attached as Annex II.  2.3.  A vehicle representative of the vehicle type to be approved shall be submitted to the technical service responsible for conducting approval tests.  3.  EEC TYPE-APPROVAL   A certificate conforming to the model specified in  Annex VI shall be issued by the authority granting an EEC type-approval pursuant to this Directive.  4.  CONSTRUCTION PROVISIONS  4.1.  General provisions  4.1.1.  The steering equipment shall ensure easy and safe handling of the vehicle up to its  maximum design speed or, in the case of a trailer, up to its technically permitted maximum speed. There must be a tendency to self-centre when tested in accordance with item 5. The vehicle shall meet the requirements of item 5.2 in the case of motor  vehicles and of item 5.3 in the case of trailers.   If a vehicle is fitted with ASE, it shall also meet the requirements of Annex IV. Trailers equipped with purely hydraulic steering transmissions shall also comply with Annex V.  4.1.1.1.  It must be  possible to travel along a straight section of the road without unusual steering correction by the driver and without unusual vibration in the steering system at a maximum design speed of the vehicle.  (1) The requirements set out in Annex III may also be checked when Directive 71/320/EEC is implemented.     4.1.1.2.  There must be travel synchronization between the steering control and the steered wheels, except for the wheels steered by ASE.  4.1.1.3.  There must be time synchronization between the steering control and the steered wheels except for  the wheels steered by ASE.  4.1.2.  The steering equipment shall be designed, constructed and fitted in such a way that it is capable of withstanding the stresses arising during normal operation of the vehicle, or combination of vehicles. The maximum  steering angle shall not be limited by any part of steering transmission unless specifically designed for this purpose.  4.1.2.1.  Unless otherwise specified, it will be assumed that for the purposes of this Directive, not more than one failure can  occur in the steering equipment at any one time and two axles on one bogie shall be considered as one axle.  4.1.3.  Should the engine stop or a part of the steering equipment fail, with the exception of those parts listed in item 4.1.4, the steering  equipment shall always meet the requirements of item 5.2.6 in the case of motor vehicles and of item 5.3 in the case of trailers.  4.1.4.  For the purposes of this Directive the steered wheels, the steering control and all mechanical parts of the  steering transmission shall not be regarded as liable to breakage if they are amply dimensioned, are readily accessible for maintenance, and exhibit safety features at least equal to those prescribed for other essential components (such as the braking  system) of the vehicle. Where the failure of any such part would be likely to result in loss of control of the vehicle, that part must be made of metal or of a material with equivalent characteristics and must not be subject to significant distortion in  normal operation of the steering system.  4.1.5.  Any failure in transmission other than purely mechanical shall clearly be brought to the attention of the vehicle driver; in the case of a motor vehicle, an increase in steering effort is considered to  be a warning signal; in the case of a trailer, a mechanical indicator is permitted. When a failure occurs, a change in the average steering ratio is permissible if the steering effort given in item 5.2.6 below is not exceeded.  4.1.6.  Steering  equipment with a purely pneumatic, purely electric or purely hydraulic transmission or with hybrid transmissions other than those described at item 1.6.4.1 are prohibited until specific requirements are added to the requirements of this Directive.   4.1.6.1.  This prohibition does not apply to:   - auxiliary steering equipment (ASE) with a purely electric or purely hydraulic transmission for vehicles of Categories M and N,   - steering equipment with a purely hydraulic transmission for vehicles of  Category O.  4.2.  Special provisions  4.2.1.  Steering control  4.2.1.1.  If the steering control is directly handled by the driver,  4.2.1.1.1.  it must be manageable;  4.2.1.1.2.  the direction of operation of the steering control must correspond to  the intended change in direction of the vehicle;  4.2.1.1.3.  except for ASE, there must be a continuous and monotonic relation between the steering control angle and the steering angle.  4.2.2.  Steering transmission  4.2.2.1.  Adjustment devices for  steering geometry must be such that after adjustment a positive connection can be established between the adjustable components by appropriate locking devices.  4.2.2.2.  Steering transmission which can be disconnected to cover different configurations  of a vehicle (e.g. on extendible trailers), must have locking devices which ensure positive relocation of components; where locking is automatic, there must be an additional safety lock which is operated manually.  4.2.3.  Steered wheels  4.2.3.1.  The  steered wheels shall not be solely the rear wheels. This requirement does not apply to semi-trailers.  4.2.3.2.  Trailers (with the exception of semi-trailers) which have more than one axle with steered wheels and semi-trailers which have at least one  axle with steered wheels must fulfil the conditions given in item 5.3 below. However, for trailers with self-tracking equipment a test under item 5.3 is not necessary if the axle load ratio between the unsteered and the self-tracking axles equals or  exceeds 1,6 under all loading conditions.  4.2.4.  Energy supply  4.2.4.1.  The same energy source may be used to supply the steering equipment and the braking device. However, in the case of a failure of either the energy supply or a failure in one of  the two systems the following conditions must be fulfilled:  4.2.4.1.1.  The steering equipment shall meet the requirements of item 5.2.6.  4.2.4.1.2.  If an energy source failure occurs, the braking performance shall not drop below the prescribed  service brake performance, as given in Annex III (1), on the first brake application.  4.2.4.1.3.  If an energy supply failure occurs, the braking performance must comply with the prescriptions of Annex III (1).  4.2.4.1.4.  If the fluid in the storage  reservoir drops to a level liable to cause an increase in steering or braking effort an acoustic or optical warning must be given to the driver. This warning may be combined with a device provided to warn of brake failure; the satisfactory condition of  the signal must be easily verifiable by the driver.  4.2.4.2.  The same energy source may be used to supply the steering equipment and systems other than the braking device if, when the fluid level in the storage reservoir drops to a level liable to  cause an increase in steering effort, an acoustic or optical warning is given to the driver; the satisfactory condition of the signal must be easily verifiable by the driver.  4.2.4.3.  The warning devices must be directly and permanently connected to  the circuit. When the engine is running under normal operating conditions and there are no faults in the steering equipment, the alarm device must give no signal except during the time required for charging the energy reservoir(s) after start-up of the  engine.  5.  TEST PROVISIONS  5.1.  General provisions  5.1.1.  The test shall be conducted on a level surface affording good adhesion.  5.1.2.  During the test(s), the vehicle shall be loaded to its technically permissible maximum mass and its maximum  technically permissible load on the steered axle(s). In the case of axles fitted with ASE, this test shall be repeated with the vehicle loaded to its technically permissible maximum mass and the axle equipped with ASE loaded to its maximum permissible  load.  5.1.3.  Before the test begins, the tyre pressures shall be as prescribed by the manufacturer for the load specified in item 5.1.2 when the vehicle is stationary.  5.2.  Provisions for motor vehicles  5.2.1.  It must be possible to leave a curve  with a radius of 50 m at a tangent without unusual vibration in the steering equipment at the following speed:   - category M1 vehicles: 50 km/h,   - category M2, M3, N1, N2 and N3 vehicles: 40 km/h or the maximum design speed if this is below the  speeds given above.  5.2.2.  The requirements of items 4.1.1.1, 4.1.1.2 and 5.2.1 shall also be satisfied with a failure in the steering equipment.  5.2.3.  When the vehicle is driven in a circle with its steered wheels at approximately half lock and at  a constant speed of at least 10 km/h, the turning circle must remain the same or become larger if the steering control is released.  5.2.4.  During the measurement of the control effort, forces with a duration of less than 0,2 seconds shall not be taken  into account.  5.2.5.  The measurement of steering efforts on motor vehicles with intact steering equipment  5.2.5.1.  The vehicle shall be driven from straight ahead into a spiral at a speed of 10 km/h. The steering effort shall be measured at the  nominal radius of the steering control until the position of the steering control corresponds to turning radius given in the table below for the particular category of vehicle with intact steering. One steering movement shall be made to the right and  one to the left.  5.2.5.2.  The maximum permitted steering time and the maximum permitted steering control effort with intact steering equipment are given in the table below for each category of vehicle.  5.2.6.  The measurement of steering efforts on  motor vehicles with a failure in the steering equipment  5.2.6.1.  The test described in item 5.2.5 shall be repeated with a failure in the steering equipment. The steering effort shall be measured until the position of the steering control corresponds  to the turning radius given in the table below for the particular category of vehicle with a failure in the steering equipment.  5.2.6.2.  The maximum permitted steering time and the maximum permitted steering control effort with a failure in the  steering equipment are given in the table below for each category of vehicle. Steering control effort requirements       Vehicle category  Intact   With a failure   Maximum effort (daN)  Time (s)  Turning radius (m)  Maximum effort (daN)  Time (s)  Turning radius (m)          M1  15  4  12  30  4  20  M2  15  4  12  30  4  20  M3  20  4  12  45  6  20  N1  20  4   12  30  4  20  N2  25  4  12  40  4  20  N3  20  4  12 (1)  45 (2)  6  20         (1) Or full lock if 12 is not attainable.  (2) 50 for rigid vehicles with two or more steered axles excluding self-tracking equipment.    5.3.  Provisions for trailers  5.3.1.  The trailer must travel without excessive deviation or unusual vibration in its steering equipment when the towing vehicle is travelling in a straight line on a flat and horizontal road at a speed of 80 km/h  or the technically permissible maximum speed indicated by the trailer manufacturer if this is less than 80 km/h.  5.3.2.  With the towing vehicle and trailer having adopted a steady state turn so that the front outside edge of the towing vehicle is  turning alongside a circle of radius 25 m in accordance with item 1.4.6, at a constant speed of 5 km/h, the circle described by the rearmost outer edge of the trailer shall be measured. This manoeuvre shall be repeated under the same conditions but a  speed of 25 km/h ± 1 km/h. During these manoeuvres, the rearmost outer edge of the trailer travelling at a speed of 25 km/h ± 1 km/h shall not move outside the circle described at a constant speed of 5 km/h by more than 0,7 m.  5.3.3.  No part of the  trailer must move more than 0,5 m beyond the tangent to a circle with a radius of 25 m when towed by a vehicle leaving the circular path described in item 5.3.2 along the tangent and travelling at a speed of 25 km/h. This requirement must be met from  the point the tangent meets the circle to a point 40 m along the tangent. After that point, the trailer must fulfil the condition specified in item 5.3.1.  5.3.4.  The tests described in items 5.3.2 and 5.3.3 shall be conducted with one steering  movement to the left and one to the right.   ANNEX II  INFORMATION DOCUMENT No ................  pursuant to Annex I to Council Directive 70/156/EEC relating to the EEC type-approval of a vehicle in respect of its steering equipment (Directive 70/311/EEC), as last amended by Directive ................   The following information, if applicable, shall be supplied in triplicate and shall include a list of contents. Drawings, if any, shall be supplied in appropriate scale and in sufficient detail on size A4 or folded to that size. Photographs, if any,  shall show sufficient detail. In the case of micro-processor controlled functions supply relevant performance-related information.     0.  GENERAL  0.1.  Make (trade name of manufacturer):  0.2.  Type and commercial description(s):  0.3.  Means of identification of type, if marked on the vehicle (b):  0.3.1.  Location of that marking:  0.4.  Category of vehicle (see Annex II to  Directive 70/156/EEC):  0.5.  Name and address of manufacturer:  0.8.  Address(es) of assembly plant(s):  1.  GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE  1.1.  Photographs and/or drawings of a representative vehicle:  1.3.  Number of axles and  wheels (if applicable, number of caterpillars or tracks):  1.3.1.  Number and position of axles with double wheels:  1.3.2.  Number and position of steered axles:  1.3.3.  Powered axles (number, position, interconnection):  2.  MASSES AND DIMENSIONS (e)  (in kg and mm)  (refer to drawing where applicable)  2.1.  Wheel base(s) (fully loaded) (f):  2.3.1.  Track of each steered axle (i):  2.4.  Range of vehicle dimensions (overall):  2.4.1.  For chassis without bodywork:  2.4.1.1.  Length (j):  2.4.1.2.  Width (k):   2.4.1.4.  Front overhang (m):  2.4.1.5.  Rear overhang (n):  2.4.1.7.  Distance between axles (if multi-axled):  2.4.2.  For chassis with bodywork:  2.4.2.1.  Length (j):  2.4.2.2.  Width (k):  2.4.2.4.  Front overhang (m):  2.4.2.5.  Rear overhang  (n):  2.4.2.7.  Distance between axles (if multi-axled):  2.8.  Technically permissible maximum laden mass stated by the manufacturer (maximum and minimum for each version) (y):  2.9.  Technically permissible maximum mass on each axle and, in the case  of a semi-trailer, load on the fifth wheel king pin, stated by the manufacturer:  6.  SUSPENSION  6.6.1.  Tyre/wheel combination(s):  (for tyres indicate size designation, load index and speed category; for wheels indicate rim sizes and off-sets)  6.6.1.1.  Axle 1:  6.6.1.2.  Axle 2:  etc.  6.6.3.  Tyre pressure(s) as recommended by the vehicle manufacturer: kPa  7.  STEERING  7.1.  Schematic diagram of steered axle(s) showing steering geometry:  7.2.  Transmission and control  7.2.1.  Type of steering transmission (specify for front  and rear, if applicable):  7.2.2.  Linkage to wheels (including other than mechanical means; specified for front and rear, if applicable):  7.2.3.  Method of assistance if any:  7.2.3.1.  Method and diagram of operation, make(s) and type(s):  7.2.4.   Diagram of the steering equipment as a whole, showing the position on the vehicle of the various devices affecting its steering behaviour:  7.2.5.  Schematic diagram(s) of the steering control(s):  7.2.6.  Range and method of adjustment, if any, of the  steering control:  7.3.  Maximum steering angle of the wheels  7.3.1.  to the right ................ (degrees); number of turns of the steering wheel ................ (or equivalent data)  7.3.2.  to the left ................ (degrees); number of turns  of the steering wheel ................ (or equivalent data) Footnotes  (b) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document, such characters shall be represented in the documentation by the  symbol: '? ' (e.g. ABC??123??).  (e) Where there is one version with a normal cab and another with a sleeper cab, both sets of masses and dimensions are to be stated.  (f) ISO Standard 612 - 1978, term No 6.4.  (i) ISO Standard 612 - 1978, term No 6.5.  (j) ISO Standard 612 - 1978, term No 6.1.  (k) ISO Standard 612 - 1978, term No 6.2.  (m) ISO Standard 612 - 1978, term No 6.6.  (n) ISO Standard 612 - 1978, term No 6.7.  (y) For trailers or semi-trailers, and for vehicles coupled with a trailer or a semi-trailer, which exert a significant vertical load on the coupling device or the fifth wheel, this load, divided by standard acceleration of gravity, is included in the  maximum technically permissible mass.    ANNEX III  BRAKING PERFORMANCE FOR VEHICLES USING THE SAME ENERGY SOURCE TO SUPPLY STEERING EQUIPMENT AND BRAKING DEVICE  1. If an energy source failure occurs, service braking performance on the first brake application shall achieve the values given in the table below.        Category  V (km/h)  m/s2  Force (daN)       M1  80  5,8  50  M2 and M3  60  5,0  70  N1  80  5,0  70  N2 and N3  60  5,0  70      2. After any failure in the steering equipment, or the energy supply, it shall be possible after eight  full stroke actuations of the service brake control, to achieve at the ninth application, at least the performance prescribed for the secondary (emergency) braking system (see table below).  In the case where secondary performance requiring the use of stored energy is achieved by a separate control, it shall still be possible after eight full stroke actuations of the service brake control to achieve at the ninth application, the residual  performance (see table below).  Secondary and residual efficiency        Category  V (km/h)  Secondary braking (m/s2)  Residual braking (m/s2)       M1  80  2,9  1,7  M2  60  2,5  1,5  M3  60  2,5  1,5  N1  70  2,2  1,3  N2  50  2,2  1,3  N3  40  2,2  1,3      3. The tests referred to under points 1 and 2  shall be carried out with the vehicle either laden or unladen, whichever is the less favourable case defined by the testing body responsible for the tests.    ANNEX IV  ADDITIONAL PROVISIONS FOR VEHICLES EQUIPPED WITH ASE   1.  GENERAL PROVISIONS   This Annex does not require vehicles to be fitted with ASE. However, if vehicles are fitted with such a device, they shall comply with the provisions of this Annex.  2.  SPECIFIC PROVISIONS  2.1.  Transmission  2.1.1.   Mechanical steering transmissions   Item 4.1.4 of Annex I to this Directive applies.  2.1.2.  Hydraulic steering transmissions   The hydraulic steering transmission must be protected from exceeding the maximum permitted service pressure T.  2.1.3.   Electric steering transmissions   The electric steering transmission must be protected from excess energy supply.  2.1.4.  Combination of steering transmissions   A combination of mechanical, hydraulic and electric transmissions shall comply with the  requirements specified in items 2.1.1, 2.1.2 and 2.1.3 above.  2.2.  Testing requirements for failure  2.2.1.  Malfunction or failure of any part of the ASE (except for parts not considered to be susceptible to breakdown as specified in item 4.1.4 of  Annex I to this Directive) shall not result in sudden significant change in vehicle behaviour and the requirements of items 5.2.1 to 5.2.4 and 5.2.6 of Annex I to this Directive shall still be met.  Furthermore, it must be possible to control the vehicle without abnormal steering correction. This shall be verified by the following tests:  2.2.1.1.  Circular test   The vehicle shall be driven into a circle with a transverse acceleration of 5 m/s2  and at a test speed of 80 km/h. The failure shall be introduced when the test speed has been reached.  The test shall include driving in a clockwise direction, and in a counter-clockwise direction.  2.2.1.2.  Transient test   Until uniform test procedures have been agreed, the vehicle manufacturer shall provide the technical services with their test  procedures and results for transient behaviour of the vehicle in the case of a failure.  2.3.  Warning signals in case of failure  2.3.1.  Except for parts of ASE not considered susceptible to breakdown as specified in item 4.1.4 of Annex I of this  Directive, the following failure of ASE shall be clearly brought to the attention of the driver:  2.3.1.1.  A general cut-off of the ASE electrical or hydraulic control;  2.3.1.2.  Failure of the ASE energy supply;  2.3.1.3.  A break in the external  wiring of the electrical control if fitted.  2.4.  Electromagnetic interference  2.4.1.  The operation of the ASE must not be adversely affected by electromagnetic fields. Until uniform test procedures have been agreed, the vehicle manufacturer shall  provide the technical services with their test procedures and results.   ANNEX V  PROVISIONS FOR TRAILERS HAVING PURELY HYDRAULIC STEERING TRANSMISSIONS   1.  If vehicles are fitted with purely hydraulic steering transmissions, they shall comply with the provisions of this Annex.  2.  SPECIFIC PROVISIONS  2.1.  Performance of hydraulic lines and hose assemblies  2.1.1.  The hydraulic lines of purely  hydraulic transmissions must be capable of withstanding a pressure of at least four times the maximum normal service pressure (T) specified by the manufacturer. Hose assemblies shall comply with the following ISO Standards: 1402 (1984), 6605 (1986) and  7751 (1983).  2.2.  In systems dependent on an energy supply  2.2.1.  The energy supply must be protected from excess pressure by a pressure limiting valve which operates at the pressure T.  2.3.  Protection of steering transmission  2.3.1.  The  steering transmission must be protected from excess pressure by a pressure limiting valve which operates between 1,5T and 2,2T.  2.4.  Tractor/trailer alignment  2.4.1.  With the tractor of a tractor/trailer combination travelling in a straight line,  the trailer must remain in alignment with the tractor;  2.4.2.  In order to maintain steering alignment in accordance with item 2.4.1 above, trailers shall be provided with a means of readjustment, which may be either automatic or manual.  2.5.   Steerability with a failure in the steering transmission  2.5.1.  The steerability of vehicles with purely hydraulic steering transmissions shall be maintained with a failure in any part of the transmission. Vehicles shall be tested in this (failed)  condition and satisfy the requirements of item 5.3 of Annex I to this Directive. In particular the 5 km/h and 25 km/h tests specified at item 5.3.2 shall be conducted with the steering transmission in the intact and failed conditions respectively.  2.6.   Electromagnetic interference  2.6.1.  The operation of steering equipment must not be adversely affected by electromagnetic fields. Until uniform test procedures have been agreed, the vehicle manufacturer shall provide the technical services with his  test procedures and results.   (1) Delete where not applicable.  (2) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document/type-approval certificate, such characters shall be represented in  documentation by the symbol: '?' (e.g. ABC??123??).  (3) As defined in Annex II A to Directive 70/156/EEC.   ANNEX VI  EEC TYPE-APPROVAL CERTIFICATE  MODEL  (maximum format: A4 (210 × 297 mm))   Stamp of administration   Communication concerning the:  - type-approval (1)  - extension of type-approval (1)  - refusal of type-approval (1)  - withdrawal of type-approval (1)  of a type of a vehicle/component/separate technical unit (1) ...................... with regard to Directive 70/311/EEC, as last amended by Directive ......................  Type-approval number:  Reason for extension:  SECTION I  0. General  0.1. Make (trade name of manufacturer):  0.2. Type and commercial description(s):  0.3. Means of identification of type if marked on the vehicle/component/separate technical unit (1) (2):  0.3.1. Location of that marking:  0.4. Category of vehicle (3):  0.5. Name and address of manufacturer:  Name and address of manufacturer responsible for the final stage of construction of the vehicle:  0.8. Address(es) of assembly plant(s):  SECTION II  1. Additional information (where applicable): see Appendix  2. Technical service responsible for carrying out the tests:  3. Date of test report:  4. Number of test report:  5. Remarks (if any): see Appendix  6. Place:  7. Date:  8. Signature:  9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.   Appendix  to EEC type-approval certificate No ................  concerning the type-approval of a vehicle with regard to Directive 70/311/EEC  as last amended by Directive ................  1. ADDITIONAL INFORMATION:  Type of steering equipment:  Steering control:  Steering transmission:  Steered wheels:  Energy source:  Braking performance: statement of the component type-approval number granted in accordance with Directive 71/320/EEC and information concerning the state of the vehicle during the tests: either laden or unladen (1).  5. REMARKS:  (e.g. valid for both left-hand drive and right-hand drive vehicles).    (1) Delete as appropriate.'


Avis juridique important

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31989L0106

Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products

Official Journal L 040 , 11/02/1989 P. 0012 - 0026 Finnish special edition: Chapter 13 Volume 17 P. 0185  Swedish special edition: Chapter 13 Volume 17 P. 0185

COUNCIL DIRECTIVE of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States (89/106/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),In cooperation with the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas Member States are responsible for ensuring that building and civil engineering works on their territory are designed and executed in a way that does not endanger the safety of persons, domestic animals and property, while respecting other essential requirements in the interests of general well-being;Whereas Member States have provisions, including requirements, relating not only to building safety but also to health, durability, energy economy, protection of the environment, aspects of economy, and other aspects important in the public interest;Whereas these requirements, which are often the subject of national provisions laid down by law, regulation or administrative action, have a direct influence on the nature of construction products employed and are reflected in national product standards, technical approvals and other technical specifications and provisions which, by their disparity, hinder trade within the Community;Whereas paragraph 71 of the White Paper on completing the internal market, approved by the European Council in June 1985, states that, within the general policy, particular emphasis will be placed on certain sectors, including construction; whereas the removal of technical barriers in the construction field, to the extent that they cannot be removed by mutual recognition of equivalence among all the Member States, should follow the new approach set out in the Council resolution of 7 May 1985 (4) which calls for the definition of essential requirements on safety and other aspects which are important for the general well-being, without reducing the existing and justified levels of protection in the Member States;Whereas the essential requirements constitute both the general and specific criteria with which construction works must comply; whereas such requirements are to be understood as requiring that the said works conform with an appropriate degree of reliability with one, some or all of these requirements when and where this is laid down in regulations;Whereas, as a basis for the harmonized standards or other technical specifications at European level and for the drawing up or granting of European technical approval, interpretative documents will be established in order to give concrete form to the essential requirements at a technical level;Whereas these essential requirements provide the basis for the preparation of harmonized standards at European level for construction products; whereas, in order to achieve the greatest possible advantage for a single internal market,to afford access to that market for as many mannifacturers as possible, to ensure the greatest possible degree of market transparency and to create the conditions for a harmonized system of general rules in the construction industry, harmonized standards should be established as far as, and as quickly as, possible; whereas these standards are drawn up by private bodies and must remain non-mandatory texts; whereas, for that purpose, the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) are recognized as the competent bodies for the adoption of harmonized standards in accordance with the general guidelines for cooperation between the Commission and those two bodies signed on 13 November 1984; whereas, for the purposes of this Directive, a harmonized standard is a technical specification (European standard or harmonized document) adopted by one or both of those bodies upon a mandate given by the Commission in accordance with the provisions of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (5);Whereas the special nature of construction products requires the precise formulation of these harmonized standards; whereas it is therefore necessary to draw up interpretative documents in order to establish links between mandates for standards and the essential requirements; whereas harmonized standards, expressed as far as possible in terms of product performance, take account of these interpretative documents, which shall be drawn up in cooperation with the Member States;Whereas performance levels and requirements to be fulfilled by products in future in the Member States shall be laid down in classes in the interpretative documents and in the harmonized technical specifications in order to take account of different levels of essential requirements for certain works and of different conditions prevailing in the Member States;Whereas harmonized standards should include classifications that allow construction products which meet the essential requirements and which are produced and used lawfully in accordance with technical traditions warranted by local climatological and other conditions to continue to be placed on the market;Whereas a product is presumed fit for use if it conforms to a harmonized standard, a European technical approval or a non-harmonized technical specification recognized at Community level; whereas, in cases where products are of little importance with respect to the essential requirements and where they deviate from existing technical specifications, their fitness for use can be certified by recourse to an approved body;Whereas products thus considered fit for use are easily recognizable by the EC mark; whereas they must be allowed free movement and free use for their intended purpose throughout the Community;Whereas, in the case of products where European standards cannot be produced or foreseen within a reasonable period of time or of products which deviate substantially from a standard, the fitness for use of such products may be proved by recourse to European technical approvals on the basis of common guidelines; whereas the common guidelines for the granting of European technical approvals will be adopted on the basis of the interpretative documents;Whereas, in the absence of harmonized standards and European technical approvals, national or other non-harmonized technical specifications may be recognized as providing a suitable basis for a presumption that the essential requirements are met;Whereas it is necessary to ensure the conformity of products with harmonized standards and with non-harmonized technical specifications recognized at European level by means of procedures of production control by manufacturers and of supervision, testing assessment and certification by independent qualified third parties, or by the manufacturer himself;Whereas a special procedure should be provided as an interim measure for products where standards or technical approvals recognized at European level do not yet exist; whereas this procedure should facilitate recognition of the results of tests performed in another Member State according to the technical requirements of the Member State of destination;Whereas a Standing Committee on Construction should be set up comprising experts designated by Member States to assist the Commission on questions arising from the implementation and practical application of this Directive;Whereas the responsibility of Member States for safety, health and other matters covered by the essential requirements on their territory should be recognized in a safeguard clause providing for appropriate protective measures,HAS ADOPTED THIS DIRECTIVE:CHAPTER IField of application - Definitions - Requirements Technical specifications - Free movement of goodsArticle 11. This Directive shall apply to construction products in so far as the essential requirements in respect of construction works under Article 3 (1) relate to them2. For the purposes of this Directive, 'construction product' means any product which is produced for incorporation in a permanent manner in construction works, including both buildings and civil engineering works.'Construction Products' are hereinafter referred to as 'products'; construction works including both buildings and civil engineering works are hereinafter referred to as 'works'.Article 21. Member States shall take all necessary measures to ensure that the products referred to in Article 1, which are intended for use in works, may be placed on the market only if they are fit for this intended use, that is to say they have such characteristics that the works in which they are to be incorporated, assembled, applied or installed, can, if properly designed and built, satisfy the essential requirements referred to in Article 3 when and where such works are subject to regulations containing such requirements.2. When products are subject to other Community directives with regard to other aspects, the EC conformity mark, hereinafter referred to as the 'EG mark', referred to in Article 4 (2) shall indicate in these cases that the requirements of those other directives have also been complied with.3. When a future directive concerns mainly other aspects and only to a minor extent the essential requirements of this Directive, that subsequent directive shall contain provisions ensuring that it also covers the requirements of this Directive.4. This Directive shall not affect the right of Member States to specify - with due observance of the provisions of the Treaty - the requirements they deem necessary to ensure that workers are protected when using products, provided it does not mean the products are modified in a way unspecified in this DirectiveArticle 31. The essential requirements applicable to works which may influence the technical characteristics of a product are set out in terms of objectives in Annex I. One, some or all of these requirements may apply; they shall be satisfied during an economically reasonable working life.2. In order to take account of possible differences in geographical or climatic conditions or in ways of life as well as different levels of protection that may prevail at national, regional or local level, each essential requirement may give rise to the establishment of classes in the documents referred to in paragraph 3 and the technical specifications referred to in Article 4 for the requirement to be respected.3. The essential requirements shall be given concrete form in documents (interpretative documents) for the creation of the necessary links between the essential requirements laid down in paragraph 1 and the standardization mandates, mandates for guidelines for European technical approval or the recognition of other technical specifications within the meaning of Articles 4 and 5.Article 41. Standards and technical approvals shall, for the purposes of ehis Directive, be referred to as 'technical specifications'For the purposes of this Directive, harmonized standards shall be the technical specifications adopted by CEN, Cenelec or both, on mandates given by the Commission in conformity with Directive 83/189/EEC on the basis of an opinion given by the Committee referred to in Article 19 and in accordance with the general provisions concerning cooperation between the Commission and these two bodies signed on 13 November 1984.2. Member States shall presume that the products are fit for their intended use if they enable works in which they are employed, provided the latter are properly designed and built, to satisfy the essential requirements referred to in Article 3, and those products bear the EC mark. The EC mark shall indicate:(a) that they comply with the relevant national standards transposing the harmonized standards, references to which have been published in the Official Journal of the European Countries. Member States shall publish the references of these national standards:(b) that they comply with a European technical approval, delivered according to the procedure of Chapter III, or(c) that they comply with the national technical specifications referred to in paragraph 3 in as much as harmonized specifications do not exist; a list of these national specifications shall be drawn up according to the procedure in Article 5 (2).3. Member States may communicate to the Commission the texts of their national technical specifications which they regard as complying with the essential requirements referred to in Article 3. The Commission shall forward these national technical specifications forthwith to the other Member States. In accordance with the procedure provided for in Article 5 (2), it shall notify the Member States of those national technical specificationsion respect of which there is presumption of conformity with the essential requirements referred to in Article 3.This procedure will be initiated and managed by the Commission in consultation with the committee referred to in Article 19Member States shall publish the references to these technical specifications. The Commission shall also publish them in the Official Journal of the European Countries4. Where a manufacturer, or his agent, established in the Community, has not applied, or has applied only in part, the existing technical specifications referred to in paragraph 2, which require, according to the criteria set out in Article 13 (4), the product to be submitted for a declaration of conformity as defined in Annex III (2) (ii), second and third possibilities, the corresponding decisions under Article 13 (4) and Annex III shall apply and such a product's fitness for use within the meaning of Article 2 (1) shall be established in accordance with the procedure set out in Annex III (2) (ii), second possibility.5. The Commission, in consultation with the committee referred to in Article 19, shall draw up, manage and revise periodically a list of products which play a minor part with respect to health and safety and in respect of which a declaration of compliance with the 'acknowledged rule of technology', issued by the manufacturer, will authorize such products to be placed on the market.6. The EC mark signifies that products satisfy the requirements of paragraphs 2 and 4 of this Article. It is for the manufacturer, or his agent established in the Community, to take responsibility for affixing the EC mark on the product itself, on a label attached to it, on its packaging, or on the accompanying commercial documents.The model of the EC mark and conditions of its use are given in Annex III.Products referred to in paragraph 5 shall not bear the EC mark.Article 51. Where a Member State or the Commission is of the opinion that the harmonized standards or European technical approvals referred to in Article 4 (2), points (a) and (b), or the mandates referred to in Chapter II, do not satisfy the provisions of Articles 2 and 3, that Member State or the Commission shall notify the committee referred to in Article 19, setting out its reasons. The committee shall deliver an urgent opinion.In the light of the opinion of the committee, and after consuItation with the committee set up under Directive 83/189/EEC where it concerns harmonized standards, the Commission shall inform Member States if the standards or approvals concerned should be withdrawn in the publications referred to in Article 7 (3).2. On reception of the communication referred to in Article 4 (3), the Commission shall consult the committee referred to in Article 19. In the light of the opinion of the committee, the Commission shall notify Member States whether the technical specification in question should benefit from the presumption of conformity and, if so, publish a reference to it in the Official Journal of the European Countries.If the Commission or a Member State believes that a technical specification no longer fulfills the conditions necessary for presumption of conformity with the provisions of Articles 2 and 3, the Commission shall consult the committee referred to in Article 19. In the light of the opinion of the said committee, the Commission shall notify the Member States whether the national technical specification in question should continue to benefit from presumption of conformity, and, if not, whether the reference to it referred to in Article 4 (3) should be withdrawn.Article 61. Member States shall not impede the free movement, placing on the market or use in their territory of products which satisfy the provisions of this DirectiveMember States shall ensure that the use of such products, for the purpose for which they were intended, shall not be impeded by rules or conditions imposed by public bodies or private bodies acting as a public undertaking or acting as a public body on the basis of a monopoly position.2. Member States shall, however, allow products not covered by Article 4 (2)to be placed on the market in their territory if they satisfy national provisions consistent with the Treaty until the European technical specifications referred to in Chapters II and III provide otherwise. The Commission and the committee referred to in Article 19 will monitor and review the development of the European technical specifications on a regular basis.3. If the relevant European technical specifications, either themselves or on the basis of the interpretative documents referred to in Article 3 (3), distinguish between different classes corresponding to different performance levels, Member States may determine the performance levels also to be observed in their territory only within the classifications adopted at Community level and only subject to the use of all or some classes or one class.CHAPTER IIHarmonized standardsArticle 71. In order to ensure the quality of harmonized standards for products, the standards shall be established by the European standards organizations on the basis of mandates given by the Commission in accordance with the procedure laid down in Directive 83/189/EEC and, after consulting the committee referred to in Article 19, in accordance with the general provisions concerning cooperation between the Commission and these bodies signed on 13 November 1984.2. The resulting standards shall be expressed as far as practicable in product performance terms, having regard to the interpretative documents.3. Once the standards have been established by the European standards organizations, the Commission shall publish the references of the standards in the 'C' series of the Official Official Journal of the European Countries.CHAPTER IIIEuropean technical approvalArticle 81. European technical approval is a favourable technical assessment of the fitness for use of a product for an intended use, based on fulfilment of the essential requirements for building works for which the product is us2. European technical approval may be granted to:(a) products for which there is neither a harmonized standard, nor a recognized national standard, nor a mandate for a harmonized standard, and for which the Commission, after consulting the committee referred to in Article 19, considers that a standard could not, or not yet, be elaborated; and(b) products which differ significantly from harmonized or recognized national standards.Even in the case where a mandate for a harmonized standard has been issued, the provisions referred to in (a) do not exclude the granting of European technical approval for products for which guidelines for such approval exist. This shall apply until the entry into force of the harmonized standard in the Member States.3. In special cases, the Commission may, as a derogation from paragraph 2 (a), authorize the issue of European technical approval, after consulting the committee referred to in Article 19, for products for which there is a mandate for a harmonized standard, or for which the Commission has established that a harmonized standard can be elaborated. The authorization shall be valid for a fixed period.4. European technical approval shall in general be issued for a five-year period. This period may be extendedArticle 91. European technical approval for a product shall be based on examinations, tests and an assessment on the basis of the interpretative documents referred to in Article 3 (3) and of the guidelines referred to in Article 11 for this product or the corresponding family of products.2. Where guidelines referred to in Article 11 do not or not yet exist, European technical approval may be issued by reference to the relevant essential requirements and the interpretative documents where the assessment of the product is adopted by the approval bodies acting jointly in the organization referred to in Annex II. If the approval bodies cannot agree, the matter shall be referred to the committee referred to in Article 19.3. The European technical approval for a product shall be issued in a Member State in accordance with the procedure laid down in Annex II at the request of the manufacturer or his agent established in the Community.Article 101. Each Member State shall notify the other Member States and the Commission of the names and addresses of the bodies which it has authorized to issue European technical approvals.2. The approval bodies must satisfy the requirements of chis Directive and in particular must be able:- to assess the fitness for use of new products on the basis of scientific and practical knowledge,- to take impartial decisions in relation to the interests of the manufacturers concerned or their agents, and- to collate the contributions of all the interested parties in a balanced assessment.3. The list of approval bodies which are competent to issue European technical approvals, as well as any amendments to that list, shall be published in the'G' series of the Official Official Journal of the European Countries.Article 111. The Commission shall, after consulting the committee referred to in Article 19, issue mandates for establishing guidelines for European technical approval for a product or family of products to the organization of approval bodies designated by the Member States.2. The guidelines for European technical approval for a product or family of products should contain the following, in particular:(a) a list of the relevant interpretative documents referred to in Article 3 (3);(b) specific requirements for the products within the meaning of the essential requirements referred to in Article 3 (1);(c) the test procedures;(d) method of assessing and judging the resuIts of the tests;(e) the inspection and conformity procedures which must correspond to Articles 13, 14 and 15;(f) the period of validity of the European technical approval.3. The guidelines for European technical approval shall, after consultation with the committee referred to in Article 19, be published by the Member States in their official language or languages.CHAPTER IVInterpretative documentsArticle 121. The Commission shall, after consulting the committee referred to in Article 19, instruct technical committees in which the Member States participate to draw up the interpretative documents referred to in Article 3 (3).2. The interpretative documents shall:(a) give concrete form to the essential requirements laid down in Article 3 and in Annex I by harmonizing the terminology and the technical bases and indicating classes or levels for each requirement where necessary and where the state of scientific and technical knowledge so permits;(b) indicate methods of correlating these classes or levels of requirement with the technical specifications referred to in Article 4, for example, methods of calculation and of proof, technical rules for project design, etc.;(c) serve as a reference for the establishment of harmonized standards and guidelines for European technical approval and for recognition of national technical specifications in accordance with Article 4 (3).3. The Commission shall publish the interpretative documents in the 'G' series of the Official Official Journal of the European Countries after Soliciting the opinion of the committee referred to in Article 19.CHAPTER VAttestation of conformityArticle 131. The manufacturer, or his agent established in the Community, shall be responsible for the attestation that products are in conformity with the requirements of a technical specification within the meaning of Article 4.2. Products that are the subject of an attestation of conformity shall benefit from the presumption of conformity with technical specifications within the meaning of Article 4. Conformity shall be established by means of testing or other evidence on the basis of the technical specifications in accordance with Annex III.3. The attestation of conformity of a product is dependention:(a) the manufacturer having a factory production control system to ensure that production conforms with the relevant technical specifications; or(b) for particular products indicated in the relevant technical specifications, in addition to a factory production control system, an approved certification body being involved in assessment and surveillance of the production control or of the product itself.4. The choice of the procedure within the meaning of paragraph 3 for a given product or family of products shall be specified by the Commission, after consultation of the committee referred to in Article 19, according to:(a) the importance of the part played by the product with respect to the essential requirements, in particular those relating to health and safety;(b) the nature of the product;(c) the effect of the variability of the product's characteristics on its serviceability;(d) the susceptibility to defects in the product manufacture;in accordance with the particulars set out in Annex III.In each case, the least onerous possible procedure consistent with safety shall be chosen.The procedure thus determined shall be indicated in the mandates and in the technical specifications or in the publication thereof.5. In the case of individual (and non-series) production, a declaration of conformity in accordance with Annex III (2) (ii), third possibility, shall suffice, unless otherwise provided by the technical specifications for products which have particularly important implications for health and safety.Article 141. In accordance with Annex III, the procedures described shall lead:(a) in the case of Article 13 (3) (a), to the production of a declaration of conformity for a product by the manufacturer, or his agent established in the Community; or(b) in the case of Article 13 (3) (b), to the issue by an approved certification body of a certificate of conformity for a system of production control and surveillance or for the product itself.Detailed rules for the implementation of the procedures of attestation of conformity are given in Annex III.2. The manufacturer's declaration of conformity or the certificate of conformity shall entitle the manufacturer, or his agent established in the Community, to affix the corresponding EC mark on the product itself, on a label attached to it, on its packaging or on the accompanying commercial documents. The model of the EC mark and the rules for its use in respect of each of the procedures of attestation of conformity are given in Annex III.Article 151. Member States shall ensure that the EC mark is correctly used.2. Where it is established that the EC mark has been affixed to a product which does not satisfy, or no longer satisfies, this Directive, the Member State in which conformity was attested shall ensure that, if necessary, the use of the EC mark is forbidden and unsold products are withdrawn, or marks obliterated, until such time as the product concerned is brought back to conformityThe Member State concerned shall immediately inform the other Member States and the Commission, giving all the qualitative and quantitative details necessary to identify the product which does not conform.3. Member States shall ensure that the affixing to products or their packing of marks which are likely to be confused with the EC mark shall be prohibited.CHAPTER VISpecial proceduresArticle 161. In the absence of technical specifications, as defined in Article 4, for any given product, the Member State of destination shall, on request in individual cases, consider the product to be in conformity with the national provisions in force if they have satisfied tests and inspections carried out by an approved body in the producing Member State according to the methods in force in the Member State of destination or recognized as equivalent by that Member State.2. The producing Member State shall inform the Member State of destination, in accordance with whose provisions the tests and inspections are to be carried out, of the body it intends to approve for this purpose. The Member State of destination and the producing Member State shall provide each other with all necessary information. On conclusion of this exchange of information the producing Member State shall approve the body thus designated. If a Member State has misgivings, it shall substantiate its position and inform the Commission.3. Member States shall ensure that the designated bodies afford one another all necessary assistance.4. Where a Member State establishes that an approved body is not carrying out the tests and inspections properly in conformity with its national provisions, it shall notify the Member State in which the body is approved thereof. That Member State shall inform the notifying Member State.within a reasonable time limit of what action has been taken. If the notifying Member State does not consider the action taken to be sufficient, it may prohibit the placing on the market and use of the product in question or make it subject to special conditions. It shall inform the other Member State and the Commission thereof.Article 17Member States of destination shall attach the same value to reports and attestations of conformity issued in the producing Member State in accordance with the procedure referred to in Article l6, as they do to their own corresponding national documents.CHAPTER VIIApproved bodiesArticle 181. Each Member State shall forward to the Commission a list of names and addresses of certification bodies, inspection bodies and testing laboratories which have been designated by that Member State for tasks to be carried out for the purposes of technical approvals, conformity certifications, inspections and tests according to this Directive.2. Certification bodies, inspection bodies and testing laboratories shall comply with the criteria laid down in Annex IV.3. Member States shall indicate the products which fall within the competence of the bodies and laboratories referred to in paragraph 1 and the nature of the tasks to be assigned to them.CHAPTER VIIIStanding Committee on ConstructionArticle 191. A Standing Committee on Construction is hereby set up2. The committee shall be made up of representatives appointed by the Member States. It shall be chaired by a representative of the Commission. Each Member State shall appoint two representatives. The representatives may be accompanied by experts.3. The committee shall draw up its own rules of procedure.Article 201. The committee referred to in Article 19 may, at the request of its chairman or a Member State, examine any question posed by the implementation and the practical application of this Directive.2. The provisions necessary for:(a) the establishment of classes of requirements in so far as they are not included in the interpretative documents and the establishment of the procedure for attesting conformity in mandates for standards pursuant to Article 7 (1) and guidelines for approvals pursuant to Article 11 (1);(b) the giving of instructions for the drawing-up of interpretative documents pursuant to Article 12 (1) and decisions on interpretative documents pursuant to Article 12 (3);(c) the recognition of national technical specifications in accordance with Article 4 (3);shall be adopted in accordance with the procedure laid down in paragraphs 3 and 4.3. 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.4. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committeeIf 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 qualified majority.If, within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.CHAPTER IXSafeguard clauseArticle 211. Where a Member State ascertains that a product declared to be in conformity with the terms of this Directive.does not comply with Articles 2 and 3, it shall take all appropriate measures to withdraw those products from the market, prohibit the placing thereof on the market or restrict free movement thereof.The Member State concerned shall immediately inform the Commission of any such measure, indicating the reasons for its decision, and in particular whether non-conformity is due to:(a) failure to comply with Articles 2 and 3, where the product does not meet the technical specifications referred to in Article 4;(b) incorrect application of the technical specifications referred to in Article 4;(c) shortcomings in the technical specifications referred to in Article 4 themselves2. The Commission shall carry out a consultation of the parties concerned as soon as possible. Where the Commission finds, after this consultation, that the action is justified, it shall immediately so inform the Member State that took the action as well as the other Member States.3. Where the decision referred to in paragraph 1 is attributed to shortcomings in the standards or technical specifications, the Commission, after consulting the parties concerned, shall bring the matter before the committee referred to in Article 19, as well as the committee set up under Directive 83/189/EEC in the case of shortcomings in a harmonized standard, within two months if the Member State which has taken the measures intends to uphold them, and shall start the procedures referred to in Article 5 (2).4. The Member State concerned shall take appropriate action against whomsoever made the declaration of conformity and shall inform the Commission and the other Member States thereof.5. The Commission shall ensure that the Member States are kept informed of the progress and outcome of this procedure.CHAPTER XFinal provisionsArticle 221. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive within 30 months of its notification (6). They shall forthwith inform the Commission thereof.2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.Article 23At the latest by 31 December 1993, the Commission, in consultation with the committee referred to in Article 19, shall re-examine the practicability of the procedures laid down by this Directive and, where necessary, submit proposals for appropriate amendments.Article 24This Directive is addressed to the Member States.Done at Brussels, 21 December 1988.For the CouncilThe PresidentV. PAPANDREOU(1) OJ N° C 93, 6. 4. 1987, p. 1.(2) OJ N° C 305, 16. 11. 1987, p. 74 and OJ N° C 326, 19. 12. 1988.(3) OJ N° C 95, 11. 4. 1988, p. 29.(4) OJ N° C 136, 4. 6. 1985, p. 1.(5) OJ N° L 109, 26. 4. 1983, p. 8(6) This Directive was notified to the Member States on 27 December 1988.ANNEX I ESSENTIAL REQUIREMENTS The products must be suitable for construction works which (as a whole and in their separate parts) are fit for their intended use, account being taken of economy, and in this connection satisfy the following essential requirements where the works are subject to regulations containing such requirements. Such requirements must, subject to normal maintenance, be satisfied for an economically reasonable working life. The requirements generally concern actions which are forseeable.1. Mechanical resistance and stabilityThe construction works must be designed and built in such a way that the loadings that are liable to act on it during its constructions and use will not lead to any of the following:(a) collapse of the whole or part of the work:(b) major deformations to an inadmissible degree;(c) damage to other parts of the works or to fittings or installed equipment as a result of major deformation of the load-bearing construction;(d) damage by an event to an extent disproportionate to the original cause.2. Safety in case of fireThe construction works must be designed and built in such a way that in the event of an outbreak of fire:- the load-bearing capacity of the construction can be assumed for a specific period of time,- the generation and spread of fire and smoke within the works are limited,- the spread of the fire to neighbouring construction works is limited,- the safety of rescue teams is taken into consideration.3. Hygiene, health and the environmentThe construction work must be designed and built in such a way that it will not be a threat to the hygiene or health of the occupants or neighbours, in particular as a result of any of the following:- the giving-off of toxic gas,- the presence of dangerous particles or gases in the air,- the emission of dangerous radiation,- pollution or poisoning of the water or soil,- faulty elimination of waste water, smoke, solid or liquid wastes,- the Presence of damp in parts of the works or on surfaces within the works4. Safety in useThe construction work must be designed and built in such a way that it does not present unacceptable risks of accidents in service or in operation such as slipping, falling, collision, burns, electrocution, injury from explosion.5. Protection against noiseThe construction works must be designed and built in such a way that noise perceived by the occupants or people nearby is kept down to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory conditions.6. Energy economy and heat retentionThe construction works and its heating, cooling and ventilation installations must be designed and built in such a way that the amount of energy required in use shall be low, having regard to the climatic conditions of the location and the occupants.ANNEX II EUROPEAN TECHNICAL APPROVAL 1. A request for approval may be made by a manufacturer, or his agent established in the Community, only to a single body authorized for this Purpose.2. The approval bodies designated by the Member States form an organization. In the performance of its duties, this organization is obliged to work in close coordination with the Commission, which shall consult the committee referred to in Article 19 of the Directive on important matters. Where a Member State has designated more than one approval body, the Member State shall be responsible for coordinating such bodies; it shall also designate the body which shall be spokesman in the organization.3. The common procedural rules for making the request, the preparation and the granting of approvals are drawn up by the organization comprising the designated approval bodies. The common procedural rules are adopted by the Commission on the basis of the opinion of the committee in accordance with Article 20.4. In the framework of the organization comprising them, the approval bodies shall afford each other all necessary support. This organization is also responsible for coordination on specific questions of technical approval. If necessary, the organization shall establish sub-groups for this purpose.5. The European technical approvals are published by the approval bodies, which notify all other approved bodies. At the request of an authorized approval body, a complete set of supporting documents for an approval which has been granted is to be forwarded to the latter for information.6. The costs arising from the European technical approval procedure shall be paid by the applicant in accordance with national rules.ANNEX III ATTESTATION OF CONFORMITY WITH TECHNICAL SPECIFICATIONS 1. METHODS OF CONTROL OF CONFORMITY When the procedures for aetestation of conformity of a product with technical specifications pursuant to Article 13 are being determined, the following methods of control of conformity shall be used; the choice and combination of methods for any given system shall depend on requirements for the particular product or group of products according to the criteria indicated in Article 13 (3) and (4);(a) initial type-testing of the product by the manufacturer or an approved body;(b) testing of samples taken at the factory in accordance with a prescribed test plan by the manufacturer or an approved body;(c) audit-testing of samples taken at the factory, on the open market or on a construction site by the manufacturer or an approved body;(d) testing of samples from a batch which is ready for delivery, or has been delivered, by the manufacturer or an approved body;(e) factory production control;(f) initial inspection of factory and of factoty production control by an approved body;(g) continuous surveillance, judgement and assessment of factory production control by an approved body.In the Directive, factory production control means the permanent internal control of production exercised by the manufacturer. All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic mannter in the form of written policies and procedures. This production control system documentation shall ensure a common understanding of quality assurance and enable the achievement of the required product characteristics and the effective operation of the production control system to be checked.2. SYSTEMS OF CONFORMITY ATTESTATIONpreference is given to application of the following systems of conformity attestation(i) Certification of the conformity of the product by an approved certification body on the basis of: (a) (tasks for the manufacturer)(1) factory production control;(2) further testing of samples taken at the factory by the manufacturer in accordance with a prescribed test plan; (b) (tasks for the approved body)(3) initial type-testing of the product;(4) intitial inspection of factory and of factory production control;(S) continnious surveillance, assessment and approval of factory production control;(6) possibly, audit-testing of samples taken at the factory, on the market or on the construction site.(ii) Declaration of conformity of the product by the manufacturer on the basis of:First possibility:(a) (tasks for the manufacturer)(1) initial type-testing of the product;(2) factory production control;(3) possibly, testing of samples taken at the faccory in accordance with a prescribed test plan;(b) (tasks for the approved body)(4) certification of factory production control on the basis of:- initial inspection of factory and of factory production control,- possibly, continuous surveillance, assessment and approval of factory production control.Second possibility:(1) initial type-testing of the product by an approved laboratory; (2) factory production controlThird possibility:(a) initial type-testirtg by the manufacturer; (b) factory production control3. BODIES INVOLVED IN THE ATTESTATION OF CONFORMITYWith respect to the function of the bodies involved in the attestation of conformity, distinction shall be made between(i) certification body, which means an impartial body, governmental or non-governmental, possessing the necessary competence and responsibility to carry out conformity certification according to given rules of procedure and management;(ii) inspection body, which means an impartial body having the organization, staffing, competence and integrity to perform according to specified criteria functions such as assessing, recommending for acceptance and subsequent audit of manufacturers' quality control operations, and selection and evaluation of products on site or in factories or elsewhere, according to specific criteria;(iii) testing laboratory, which means alaboratory which measures,examines,tests,calibrates or otherwise determines the chatacteristics or performance of materials or productsIn case (i) and (ii) (first possibility) of paragraph 2, the three functions 3 (i) to (iii) may be performed by one and the same body or by different bodies, in which case the inspection body and/or the testing laboratory involved in the attestation of conformity carries out its function on behalf of the certification body.For the criteria concerning the competence, impartiality and integrity of certification bodies, inspection bodies and testing laboratories, see Annex IV.4. EC CONFORMITY MARK, EC CERTIFICATE OF CONFORMITY, EC DECLARATION OF CONFORMITY4.1. EC conformity markThe EC conformity mark shall consist of the symbol CE as given below.>START OF GRAPHIC>>END OF GRAPHIC>It shall be accompanied by:- the name or identifying mark of the producer, and, where appropriate:- inditations -tn identify the characteristics of the product, where appropriate to technical specifications,- the last two digits of the year of manufacture,- the identification symbol of the inspection body involved,- the number of the EC certificate of conformity.4.2. EC certificate of conformityThe EC certificate of conformity shall contain in particular:- name and address of the certification body,- name and address of the manufacturer or his agent established in the Community,- description of the product (type, identification, use...),- provisions to which the product conforms,- particular conditions applicable to the use of the product,- the certificate's number,- conditions and period of validity of the certificate, where applicable,- name of, and position held by, the person empowered to sign the certificate.4.3. EC declaration of conformityThe EC declaration of conformity shall contain in particular:- name and address of the manufacturer or his agent established in the Community,- description of the product (type, identification, use...),- provision to which the product conforms,- particular conditions applicable to the use of the product,- name and address of the approved body, where applicable,- name of, and position held by, the person empowered to sign the declaratinn on behalf of the manufacturer or of his authorized representative.4.4. The certificate and declaration of conformity shall be presented in the official language or languages of the Member State in which the product is to be used.ANNEX IV APPROVAL OF TESTING LABORATORIES, INSPECTION BODIES AND CERTIFIGATION BODIES The testing laboratories, the inspection bodies and the certification bodies designated by the Member States must fulfil the following minimum conditions:l. availability of personnel and of the necessary means and equipment;2. technical competence and professionalintegrity of personnel;3. impartiality, in carrying out the tests, preparing the reports, issuing the certificates and performing the surveillance provided for in the Directive, of staff and technical personnel in relation to allcircles, groups or persons directly or indirectly concerned with construction products;4. maintenance of professional secrecy by personnei:5. subscription of a civil liability insurance unless that liability is covered by the State under nationallawFulfilment of the conditions under 1 and 2 shall be verified at intervals by the competent authorities of Member States.


title: Council Directive 2011/84/EU of 20 September 2011 amending Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annex III thereto to technical progress Text with EEA relevance

text:
               29.10.2011

               EN

               Official Journal of the European Union

               L 283/36

         COUNCIL DIRECTIVE 2011/84/EU
   of 20 September 2011
   amending Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annex III thereto to technical progress
   (Text with EEA relevance)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   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,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The use of hydrogen peroxide is already subject to restrictions and conditions laid down in Annex III, Part 1 to Directive 76/768/EEC.

               (2)

               The Scientific Committee on Consumer Products, which has been replaced by the Scientific Committee on Consumer Safety (hereinafter SCCS) pursuant to Commission Decision 2008/721/EC of 5 August 2008 setting up an advisory structure of Scientific Committees and experts in the field of consumer safety, public health and the environment and repealing Decision 2004/210/EC (2), has confirmed that a maximum concentration of 0,1 % of hydrogen peroxide present in oral products or released from other compounds or mixtures in those products is safe. It should therefore be possible to continue to use hydrogen peroxide in that concentration in oral products, including tooth whitening or bleaching products.

               (3)

               The SCCS considers that the use of tooth whitening or bleaching products containing more than 0,1 % and up to 6 % of hydrogen peroxide present or released from other compounds or mixtures in these products may be safe if the following conditions are satisfied: an appropriate clinical examination is carried out in order to ensure there are no risk factors or any other oral pathology of concern and that exposure to these products is limited so as to ensure that the products are used only as intended in terms of frequency and duration of application. These conditions should be fulfilled in order to avoid reasonably foreseeable misuse.

               (4)

               Those products should therefore be regulated in a way that ensures that they are not directly available to the consumer. For each cycle of use of those products, the first use should be limited to dental practitioners, as defined under Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (3) or under their direct supervision if an equivalent level of safety is ensured. Dental practitioners should then provide access to those products for the rest of the cycle of use.

               (5)

               An appropriate labelling regarding the concentration in hydrogen peroxide of the tooth whitening or bleaching products containing more than 0,1 % of this substance should be provided for in order to ensure the appropriate use of these products. For this purpose, the exact concentration in percentage of hydrogen peroxide present or released from other compounds and mixtures in those products should be clearly indicated on the label.

               (6)

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

               (7)

               The Standing Committee on Cosmetic Products has not delivered an opinion within the time limit laid down by its Chairman,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex III to Directive 76/768/EEC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Before 30 October 2012 Member States shall adopt and publish the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
   They shall apply these provisions from 31 October 2012.
   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 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, 20 September 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  OJ L 262, 27.9.1976, p. 169.

      (2)  OJ L 241, 10.9.2008, p. 21.

      (3)  OJ L 255, 30.9.2005, p. 22.

      ANNEX
      In Part 1 of Annex III to Directive 76/768/EEC, reference number 12 is replaced by the following:

                     Reference number

                     Substance

                     Restrictions

                     Conditions of use and warnings which must be printed on the label

                     Field of application and/or use

                     Maximum authorised concentration in the finished cosmetic product

                     Other limitations and requirements

                     ‘12

                     Hydrogen peroxide and other compounds or mixtures that release hydrogen peroxide, including carbamide peroxide and zinc peroxide

                                 (a)

                                 Hair care mixtures

                                 (a)

                                 12 % of H2O2 (40 volumes), present or released

                     (a) Wear suitable gloves
                     (a) (b) (c) (e) Contains hydrogen peroxide
                     Avoid contact with eyes
                     Rinse immediately if product comes into contact with them.

                                 (b)

                                 Skin care mixtures

                                 (b)

                                 4 % of H2O2, present or released

                                 (c)

                                 Nail hardening mixtures

                                 (c)

                                 2 % of H2O2, present or released

                                 (d)

                                 Oral products, including mouth rinse, tooth paste and tooth whitening or bleaching products

                                 (d)

                                 ≤ 0,1 % of H2O2, present or released

                                 (e)

                                 Tooth whitening or bleaching products

                                 (e)

                                 > 0,1 % ≤ 6 % of H2O2, present or released

                                 (e)

                                 To be only sold to dental practitioners. For each cycle of use, first use by dental practitioners as defined under Directive 2005/36/EC (1) or under their direct supervision if an equivalent level of safety is ensured. Afterwards to be provided to the consumer to complete the cycle of use.
                                 Not to be used on a person under 18 years of age.

                     (e) Concentration of H2O2 present or released indicated in percentage.
                     Not to be used on a person under 18 years of age.
                     To be only sold to dental practitioners. For each cycle of use, the first use to be only done by dental practitioners or under their direct supervision if an equivalent level of safety is ensured. Afterwards to be provided to the consumer to complete the cycle of use.

         (1)  OJ L 255, 30.9.2005, p. 22.’