Avis juridique important

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31982L0130

Council Directive 82/130/EEC of 15 February 1982 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp

Official Journal L 059 , 02/03/1982 P. 0010 - 0028 Finnish special edition: Chapter 13 Volume 11 P. 0220  Spanish special edition: Chapter 13 Volume 12 P. 0088  Swedish special edition: Chapter 13 Volume 11 P. 0220  Portuguese special edition Chapter 13 Volume 12 P. 0088

COUNCIL DIRECTIVE of 15 February 1982 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp (82/130/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas legislation in force in the Member States to ensure the safety of electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp differs from one Member State to another ; whereas these differences are such as to constitute a barrier to trade;  Whereas such differences may be eliminated by approximating the laws of the Member States in order to allow electrical equipment complying with harmonized standards for use in potentially explosive atmospheres in mines susceptible to firedamp to be put on the market throughout the Community;  Whereas provision should also be made to allow electrical equipment using technical processes different from those of these harmonized standards to be put on the market, provided such equipment ensures a level of safety equivalent to that of equipment which conforms to the harmonized standards;  Whereas, however, compliance with harmonized standards or equivalence of safety levels to that of equipment which conforms to the harmonized standards should be verified and tested by a body approved by the Member State concerned;  Whereas a positive result of such verifications and tests should be confirmed both by a certificate and the mark recognized in all Member States;  Whereas, in order to take account of technical progress, the technical requirements prescribed in the harmonized standards on electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp need to be adapted promptly ; whereas, to facilitate the implementation of the measures necessary in this connection, a procedure should be laid down to ensure close cooperation between the Member States and the Commission through the Committee on the adaptation  (1) OJ No C 104, 28.4.1980, p. 92. (2) OJ No C 197, 4.8.1980, p. 66. (3) OJ No C 205, 11.8.1980, p. 28.  to technical progress of the Directives on the removal of technical barriers to intra-Community trade in electrical equipment in potentially explosive atmospheres in mines susceptible to firedamp;  Whereas it is possible that electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp, although certified and marked for free movement, may represent a safety risk ; whereas a procedure should therefore be laid down to obviate this risk;  Whereas the mining legislation in different Member States applies also to surface installations of mines susceptible to firedamp ; whereas it is necessary to include in this Directive electrical equipment for use in such installations ; whereas it is therefore necessary to derogate from Council Directive 76/117/EEC of 18 December 1975 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres (1) and from Council Directive 79/196/EEC of 6 February 1979 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection (2),  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply to electrical equipment for use in underground parts of mines susceptible to firedamp which may be endangered by firedamp.  This Directive shall also apply, by way of derogation from Directives 76/117/EEC and 79/196/EEC, to electrical equipment for use in those parts of surface installations of such mines which may be endangered by firedamp from underground ventilation.   Article 2 Electrical equipment within the meaning of this Directive covers any constituent part of an electrical installation or any other electrical device.   Article 3 The designation of underground parts of mines susceptible to firedamp which may be endangered by firedamp and the surface installations of such mines which may be endangered by firedamp from underground ventilation is left to the initiative of the Member States.   Article 4 1. Member States may not, on safety grounds in respect of the ignition of firedamp, prohibit the sale, free movement or use for its proper purpose of the electrical equipment referred to in Articles 1 and 2:    - if its conformity with the harmonized standards is attested by a certificate of conformity issued under the conditions laid down in Article 8 and by the affixing of the distinctive Community mark provided for in Article 11,       - if it differs from harmonized standards because no provision was made in such standards for its design and manufacture, but the verifications and tests have established that it offers a degree of safety at least equivalent to that of equipment which conforms to the harmonized standards and this is attested by an inspection certificate issued under the conditions laid down in Article 9 and by the affixing of the distinctive Community mark provided for in Article 11.         2. Within the meaning of this Directive, use for its proper purpose means use of the electrical equipment, as provided for in the harmonized standards and recorded on the certificate of conformity or inspection certificate, in places where firedamp is liable to form an explosive mixture with air.  3. Where they are not subject to other Community provisions, installation conditions and conditions of use shall remain subject to the laws, regulations and administrative provisions of the Member State concerned.  4. Within the meaning of this Directive, the European Standards (ENs) listed in Annex A and amended in accordance with Annex B are the harmonized standards.   Article 5 1. Any amendments to the content of the Annexes which are necessary to take account of technical progress shall be adopted in accordance with the procedure set out in Article 7.  (1) OJ No L 24, 30.1.1976, p. 45. (2) OJ No L 43, 20.2.1979, p. 20.   2. Likewise, any question relating to the inspection certificates referred to in the second indent of Article 4 (1) may be examined in accordance with this procedure.   Article 6 1. The Restricted Committee of the Safety and Health Commission for the Mining and other Extractive Industries set up by Council Decisions of 9 July 1957, 11 March 1965 and 27 June 1974 is hereby charged with the tasks defined in Article 5. Such Committee shall be composed of representatives of the Member States and chaired by a representative of the Commission.  2. The Committee shall establish its own rules of procedure.   Article 7 1. If recourse is had to the procedure defined in this Article, the matter shall be placed before the Committee by its chairman, either on his own initiative or at the request of the representative of a Member State.  2. The chairman shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion within a period which may be fixed by the chairman according to the urgency of the matter. At least 45 votes shall be required before it can deliver its opinion, the votes of Member States being weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.  3.  (a) The Commission shall adopt the proposed measures if they are in accordance with the opinion of the Committee.   (b) If the proposed measures are not in accordance with the opinion of the Committee, or if no opinion is expressed, the Commission shall without delay submit a proposal to the Council on the measures to be taken. The Council shall act by a qualified majority.   (c) If the Council has not acted within three months of the date on which the matter was brought before it, the Commission shall adopt the proposed measures.   Article 8 1. The certificate of conformity referred to in the first indent of Article 4 (1) shall be issued by one of the approved bodies referred to in Article 14. It shall attest that the type of electrical equipment concerned complies with the harmonized standards.  A copy of the certificate of conformity shall be forwarded to the Member States and to the Commission within one month of the issue of the certificate.  The approved body which has verified and tested the electrical equipment shall draw up a report which shall be placed at the disposal of the Member States.  2. The approved body which issues the certificate of conformity may withdraw such certificate where it finds that it should not have been issued or where the stipulated conditions have not been met. It may also withdraw such certificate where the manufacturer places on the market electrical equipment which is not in conformity with the type of equipment for which the certificate was issued.  The approved body shall submit a copy of the withdrawal document to the Commission and to the Member States, which shall provide for its transmission to the approved bodies.  The grounds for such withdrawal shall be given in detail. Notice of the withdrawal shall be published in accordance with paragraph 4.  Such withdrawals, and refusals to issue a certificate of conformity, shall be notified forthwith to the party concerned, with an indication of the remedies available under the laws in force in the Member States and of the time limits for the exercise of such remedies.  3. All documents used for certification of the electrical equipment must be held by the originating body and shall if necessary be placed at the disposal of the Commission and the other Member States for the purpose of any special investigation pertaining to safety ; the confidentiality of these documents shall be respected.  4. The Commission shall ensure that relevant extracts from these certificates of conformity are published in the Official Journal of the European Communities.   Article 9 1. The inspection certificate referred to in the second indent of Article 4 (1) shall be issued by one of the bodies referred to in Article 14. It shall attest that the type of electrical equipment offers a degree of safety at  least equivalent to that of equipment conforming to the harmonized standards.  2. Before the relevant approved body issues an inspection certificate, the Member State, on the initiative of that approved body, shall send the documents used for certification of the electrical equipment, that is the specifications of the equipment, the report on the verifications and tests carried out by that body and the draft inspection certificate to the Commission and to the other Member States who shall provide for its transmission to the bodies which they have approved. Within four months of receiving this information, such Member States may express their disagreement to the Member State concerned or may request that the matter be referred to the Committee provided for in Article 6. A copy of each communication shall be submitted to the Commission. All correspondence shall be confidential.  3. If, within the time limit specified in paragraph 2, no Member State has expressed disagreement nor requested that the matter be referred to the Committee, the Member State shall authorize the issue of the inspection certificate.  4. If this is not the case, the Commission shall act on the request for the inspection certificate after having obtained the opinion of the Committee.  5. A copy of the inspection certificate shall be sent to the Commission and to the Member States within one month of the issue of the certificate ; the Member States shall provide for its transmission to the bodies which they have approved. The approved body which has verified and tested the electrical equipment shall draw up a final report. This shall be placed at the disposal of the Member States.  6. The approved body which issues an inspection certificate may withdraw such certificate where it finds that it should not have been issued or that the stipulated conditions have not been met. It may also withdraw such certificate if the manufacturer places on the market electrical equipment which is not in conformity with the type of equipment for which the inspection certificate was issued.  The approved body shall send a copy of the withdrawal documents to the Commission and to all Member States, which shall provide for its transmission to the bodies which they have approved.  The grounds for such withdrawal shall be given in detail. Notice of the withdrawal shall be published in accordance with paragraph 8.  Such withdrawals, and refusals to issue an inspection certificate, shall be notified forthwith to the party concerned, with an indication of the remedies available under the laws in force in the Member States and of the time limits for the exercise of such remedies.  7. All documents used for certification of the electrical equipment must be held by the originating body and shall if necessary be placed at the disposal of the Commission and the other Member States for the purpose of any special investigation pertaining to safety ; the confidentiality of such documents shall be respected.  8. The Commission shall ensure that relevant extracts from these inspection certificates are published in the Official Journal of the European Communities.   Article 10 Copies of the documents referred to in Article 8 (3) and Article 9 (7) shall be forwarded to the holder of the certificate at his request ; he shall be free to use them as he wishes.   Article 11 1. The distinctive Community mark affixed to electrical equipment by the manufacturer shall attest that such equipment conforms to the type of equipment which has received a certificate of conformity or an inspection certificate, and that it has undergone any routine verifications and tests either prescribed by the harmonized standards in the case that a certificate of conformity has been issued or referred to in the certificate of inspection itself.  The model of the distinctive Community mark is reproduced in Section I of Annex C. Such mark shall be affixed in such a way as to be visible, legible and durable.  2. The Member States shall take adequate measures to ensure that the distinctive Community mark is affixed by the manufacturer only if he possesses the appropriate certificate of conformity or the appropriate inspection certificate. They shall also take all necessary measures to prohibit the affixing on equipment not covered by a certificate of conformity or by an inspection certificate of marks or inscriptions which might be confused with the distinctive Community mark.  3. The certificate of conformity or the inspection certificate may stipulate that the electrical equipment be accompanied by instructions explaining the special conditions for its use.   4. When an inspection certificate in accordance with Article 9 has been issued for a type of electrical equipment which is not in conformity with the harmonized standards, the distinctive Community mark must be supplemented by the marking specified in Section II of Annex C.  5. The model of the certificate of conformity is contained in Annex D.   Article 12 Member States shall make all necessary arrangements to ensure adequate surveillance of the manufacture of the electrical equipment covered by this Directive.   Article 13 1. If a Member State establishes, on the basis of a close examination, that electrical equipment, although complying with a type of equipment for which a certificate of conformity or an inspection certificate was issued, represents a safety hazard, it may provisionally prohibit the sale of the equipment in its territory or make it subject to special conditions. It shall immediately inform the other Member States and the Commission thereof, stating the grounds for its decision.  2. The Commission shall, within six weeks, consult the Member States. It shall then deliver its opinion forthwith and take appropriate measures.  3. Where the Commission is of the opinion that technical adaptations to the harmonized standards are necessary, such adaptations shall be adopted under the procedure laid down in Article 7. In that event, the Member State which has adopted safeguard measures may maintain them until such adaptations enter into force.   Article 14 Each Member State shall forward to the other Member States and the Commission a list of the bodies approved by it to verify and test the equipment and/or issue the certificates of conformity and the inspection certificates, and the addresses for the correspondence referred to in Articles 8 and 9.  The above notification must be completed not later than six months after notification of this Directive.  Each Member State shall immediately report any change in these lists.   Article 15 Member States shall take the measures necessary to comply with this Directive within 18 months of its notification. They shall forthwith inform the Commission thereof.  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 16 This Directive is addressed to the Member States.     Done at Brussels, 15 February 1982.  For the Council  The President  P. de KEERSMAEKER     ANNEX A EUROPEAN STANDARDS DRAWN UP BY CENELEC     1. Electrical apparatus for potentially explosive atmospheres  General requirements EN 50 014 (first edition, March 1977) with amendment No 1;       2. Electrical apparatus for potentially explosive atmospheres  Oil immersion "o", EN 50 015 (first edition, March 1977) with amendment No 1;       3. Electrical apparatus for potentially explosive atmospheres  Pressurized apparatus "p", EN 50 016 (first edition, March 1977) with amendment No 1;       4. Electrical apparatus for potentially explosive atmospheres  Powder filling "q", EN 50 017 (first edition, March 1977) with amendment No 1;       5. Electrical apparatus for potentially explosive atmospheres.  Flameproof enclosure "d", EN 50 018 (first edition, March 1977) with amendment No 1;       6. Electrical apparatus for potentially explosive atmospheres  Increased safety "e", EN 50 019 (first edition, March 1977) with amendment No 1;       7. Electrical apparatus for potentially explosive atmospheres  Intrinsic safety "i", EN 50 020 (first edition, March 1977) with amendment No 1.          ANNEX B Amendments made to the European Standards listed in Annex A   Appendix 1 ELECTRICAL APPARATUS FOR POTENTIALLY EXPLOSIVE ATMOSPHERES OF GROUP I GENERAL REQUIREMENTS     1. Replace the text of 6.3 of European Standard EN 50 014 (first edition, March 1977) by:  "Enclosures of plastics materials with surface area projected in any direction of more than 100 cm2 or containing exposed metallic parts with a capacitance to earth of more than 3 pF, under the most unfavourable conditions in practice, shall be so designed that under normal conditions of use, maintenance and cleaning, danger of ignition due to electrostatic charges is avoided.  This requirement shall be satisfied:      - either by suitable selection of the material : its insulation resistance measured according to the method given in 22.4.7 of this Annex shall not exceed: >PIC FILE= "T0021413">            - or by the size, shape, layout or by other protective methods ; the nonappearance of dangerous electrostatic charges shall then be verified by actual tests for ignition of an air-methane mixture of (8 75 ± 0 75) % methane.             If however any danger of ignition cannot be avoided in the design, a warning label shall indicate the safety measures to be applied in service."       2. Replace the text of 22.4.7 of European Standard EN 50 014 (first edition, March 1977) by:  "The resistance is tested on the part itself if its size permits, or on a test piece comprising a rectangular plate with dimensions in accordance with Figure 2, on which two parallel electrodes are painted on the surface, using a conducting paint with a solvent which does not have any effect on the insulation resistance.         Figure 2 Test piece with painted conducting electrodes >PIC FILE= "T0021414">   The test piece shall have an intact surface and shall be cleaned with distilled water, then with isopropyl alcohol (or any other solvent that can be mixed with water and will not affect the material of the test piece), then once more with distilled water before being dried. Untouched by bare hands, it shall then be conditioned for 24 hours at the temperature and humidity required in 6.3. The test shall be carried out under the same conditions.  The direct voltage applied for one minute between the electrodes shall be equal to 500 V ± 10 V.  During the test, the voltage shall be sufficiently steady so that the charging current due to voltage fluctuation will be negligible compared with the current flowing through the test piece. In certain cases this requirement implies the use of batteries or accumulators.  The insulation resistance is the ratio of the direct voltage applied at the electrodes to the total current flowing between them when the voltage has been applied for one minute.  Possible methods are indicated in Annex C.  In cases where cleaning would adversely affect the significance of the test results, an additional test may be made without first cleaning the test piece."   Appendix 2 ELECTRICAL APPARATUS FOR POTENTIALLY EXPLOSIVE ATMOSPHERES OF GROUP I  FLAMEPROOF ENCLOSURES "d"     1. Supplement the European Standard EN 50 018 (first edition, March 1977) by:  "11.7. In flameproof enclosures of Group I insulating materials subjected to electrical stresses capable of causing arcs in air and which result from rated currents of more than 16 A (in switching apparatus such as circuit-breakers, contactors, isolators) shall pass a test for resistance to tracking according to IEC Publication 112. This test shall be made with 50 drops at a voltage of 400 volts, but with a solution containing (0 71 ± 0 7002) % by mass ammonium chloride and (0 75 ± 0 7002) % by mass sodium-alkylnaphthalene-sulphonate in distilled or deionized water. The resistivity of the >PIC FILE= "T0021415">   The abovementioned insulating materials which do not pass this test may be used, however, if their volume is limited to 1 % of the total volume of the empty enclosure or if a suitable detection device enables the power supply to the enclosure to be disconnected, on the supply side, before possible decomposition of the insulating material leads to dangerous conditions ; the presence and effectiveness of such a device shall be verified by the testing station."       2. Replace the text of 12.3 of European Standard EN 50 018 (first edition, March 1977) by:  " 12.3.1. For mechanically or electrically interlocked plugs and sockets, the width and the gap of the flameproof joints of the flameproof enclosure shall be determined by the volume which exists at the moment of separation of the contacts.  12.3.2. The properties of the flameproof enclosure, type of protection "d" of mechanically or electrically interlocked plugs and sockets shall be maintained in the event of an internal explosion both when the plugs and sockets are connected together and at the moment of separation of the contacts.  12.3.3. The fixed part of a plug and socket connector shall maintain the flameproof properties of the enclosure on which it is mounted, even when the movable part is removed."       3. Add the following note after the second paragraph of 14.1.1 of European Standard EN 50 018 (first edition, March 1977):  "Note : In particular, it is possible to test the enclosures without the enclosed apparatus. In this case the testing station shall state in the certificate, on the basis of proposals made by the manufacturer, the kinds of enclosed apparatus permitted and their mounting conditions."       4. Add a new section in the European Standard EN 50 018 (first edition, March 1977): "SECTION IV OTHER REQUIREMENTS    16. Switchgear  Group I flameproof enclosures containing switching devices which produce, in service, arcs or sparks capable of igniting an explosive mixture shall comply with the following requirements:   16.1. Means of isolation All accessible conductors, except those of intrinsically safe circuits complying with European Standard EN 50 020 or those for earthing purposes, shall be capable of isolation from the supply by a means of isolation before the opening of the flameproof enclosure.  The means of isolation of those flameproof enclosures shall be:    16.1.1. either fitted inside the flameproof enclosure ; in this case the parts which remain energized after opening the means of isolation shall be protected by one of the standard types of protection listed in European Standard EN 50 014 "General requirements", and access to them shall be prevented by a cover bearing a label "DO NOT OPEN WHILE ENERGIZED". This does not apply to parts which remain energized of intrinsically safe circuits complying with European Standard EN 50 020 "Intrinsic safety "I"";  (Note : If the type of protection "Increased safety "e"" according to European Standard EN 50 019 is concerned the specified degree of protection IP 54 may be reduced to IP 20.)       16.1.2. or fitted inside another enclosure, complying with one of the standard types of protection listed in European Standard EN 50 014 "General requirements";       16.1.3. or consist of a plug and socket complying with the requirements of 12.3 of this European Standard.          16.2. Doors or covers    16.2.1. Quick-acting doors or covers:  These doors or covers shall be mechanically interlocked with an isolator so that:      (a) the enclosure retains the properties of the flameproof enclosure, type of protection "d", as long as the isolator is dosed and;           (b) the isolator can only be closed when these doors or covers ensure the properties of the flameproof enclosure, type of protection "d".                  16.2.2. Doors or covers fixed by screws:  These doors or covers shall bear a label "DO NOT OPEN WHILE ENERGIZED".          16.3. Supplementary conditions  Any flameproof enclosure with a door or cover fixed by screws (see 16.2.2) is subject to the following supplementary conditions:    16.3.1. The marking shall include the symbol "X" defined in European Standard EN 50 014 "General requirements".       16.3.2. The certificate shall state the conditions of use to be observed in order to ensure safety.  Note : The conditions of use to be specified in the certificate depend on the kind of apparatus contained in the flameproof enclosure:      - if the enclosure only contains an isolator, possibly with auxiliary contacts, bus bars and connection facilities, the certificate shall state that the enclosure may not contain any other electrical component,           - if the enclosure may contain other electrical components, the certificate shall state that a means of isolation shall be near the enclosure.                      17. Lampholders and lampcaps    17.1. The following requirements apply to lampholders and lampcaps which together have to form a flameproof enclosure, type of protection "d", so that they may be used in luminaires of increased safety, type of protection "e".       17.2. The device which prevents lamps working loose, required in 4.3.3 of European Standard EN 50 019 "increased safety "e"", may be omitted for threaded lampholders provided with a quick-acting switch in a flameproof enclosure, type of protection "d", which breaks all poles of the lamp circuit before contact separation.       17.3. Holders for cylindrical caps      17.3.1. The holders for tubular fluorescent lamps shall:        - be single-pin and               - comply with IEC-Publication 61.2.                          17.3.2. Other holders : The width of the flameproof joint between the holder and the cap at the moment of contact separation shall be at least 10 mm.                  17.4. Holders for threaded caps      17.4.1. The threaded part of the holder shall be of a material which is resistent to corrosion under the likely conditions of service.           17.4.2. At the moment of contact separation during unscrewing of the lamp, at least two complete turns of the thread shall be engaged.           17.4.3. In threaded lampholders E 27 and E 40 for electrical apparatus of Groups IIB and IIC, electrical contact shall be established by means of spring-loaded contact elements. In addition, during insertion and removal of the lamp, the closing and opening of the contact must be within a flameproof enclosure, type of protection "d", of Group IIC.  Note : The requirements of 17.4.3 are not necessary for electrical apparatus of Groups I and IIA and for threaded lampholders E 10 and E 14."     Appendix 3 ELECTRICAL APPARATUS FOR POTENTIALLY EXPLOSIVE ATMOSPHERES OF GROUP I  INTRINSIC SAFETY "i" INTRINSICALLY SAFE ELECTRICAL SYSTEMS   Note : In mines susceptible to firedamp in the Federal Republic of Germany, the word "Anlage" is used instead of "System".    1. Scope      1.1. This Annex contains the specific requirements for construction and testing of intrinsically safe electrical systems all or parts of which are intended for installation in potentially explosive atmospheres of mines susceptible to firedamp, in order to ensure that such electrical systems will not cause an explosion in the surrounding atmosphere.           1.2. This Annex supplements European Standard EN 50 020 "Intrinsic safety "i"" (first edition, March 1977) the requirements of which apply to the construction and testing of intrinsically safe electrical apparatus and associated electrical apparatus.            1.3. This Annex does not take the place of installation rules for intrinsically safe electrical apparatus, associated electrical apparatus and intrinsically safe electrical systems.                  2. Definitions      2.1. The following definitions, specific to intrinsically safe electrical systems, are applicable in this Annex. They supplement the definitions which are in European Standards EN 50 014 "General requirements" and EN 50 020 "Intrinsic safety "i"".           2.2. Intrinsically safe electrical system  An assembly of items of electrical apparatus defined in a descriptive system document in which the interconnecting circuits, or parts of such circuits, intended for use in a potentially explosive atmosphere, are intrinsically safe circuits, and which meet the requirements of this Annex.           2.3. Certified intrinsically safe electrical system  An electrical system conforming to 2.2 for which a testing station has issued a system certificate, certifying that the type of electrical system complies with this Annex.  Note 1 : It is not necessary for each electrical apparatus in an intrinsically safe electrical system to be certified individually, but it must suitably be identifiable.  Note 2 : In so far as the national regulations for installation make it possible, electrical systems conforming to 2.2, for which the knowledge of the electrical parameters of the items of certified intrinsically safe electrical apparatus, certified associated electrical apparatus, non-certified devices conforming to 13 of European Standard EN 50 014 "General requirements" and the knowledge of the electrical and physical parameters of the components and interconnecting wiring permits the unambiguous deduction that intrinsic safety is conserved, can be installed without additional certificates.           2.4. Accessory  Electrical apparatus which contains only components for connecting and switching Intrinsically safe circuits and which do not prejudice the intrinsic safety of the system, such as terminal boxes, junction boxes, plugs and sockets and similar items, switches, etc.                  3. Categories of intrinsically safe electrical systems      3.1. Intrinsically safe electrical systems, or parts thereof, shall be placed in one of two categories : "ia" or "ib". The requirements of this Annex apply to both categories, unless otherwise specified.  Note : Intrinsically safe electrical systems, or parts thereof, may have categories different from those of the intrinsically safe electrical apparatus and associated electrical apparatus included in the system or part thereof. Also different parts of an intrinsically safe electrical system may have different categories.           3.2. Category "ia"  Intrinsically safe electrical systems, or parts thereof, are of category "ia" if they comply with the requirements for intrinsically safe electrical apparatus of category "ia" (see 4.1 of European Standard EN 50 020 "Intrinsic safety") except that the intrinsically safe electrical system as a whole shall be considered as a single item of electrical apparatus.           3.3. Category "ib"  Intrinsically safe electrical systems, or parts thereof, are of category "ib" if they comply with the requirements for electrical apparatus of category "ib" (see 4.2 of European Standard EN 50 020 "Intrinsic safety") except that the intrinsically safe electrical system as a whole shall be considered as a single item of electrical apparatus.                   4. Interconnecting wiring in an intrinsically safe electrical system      4.1. The electrical parameters and all characteristics of the interconnecting wiring specific to an intrinsically safe electrical system, in so far as intrinsic safety depends on them, shall be specified in the certification documents for that electrical system.           4.2. Where a multicore cable contains interconnections which are parts of more than one intrinsically safe circuit the cable shall meet the following requirements:        4.2.1. The radial thickness of the insulation shall be appropriate to the diameter of the conductor. In the case of polyethylene, the minimum radial thickness shall be 0 72 mm.               4.2.2. Before leaving the manufacturer's works, the multicore table shall be submitted to AC dielectric tests specified either in 4.2.2.1 or in 4.2.2.2. The success of these tests shall be attested by a tests certificate issued by the cable manufacturer.          4.2.2.1. Either each core, before assembly into the cable, is tested at a voltage value (rms) equal to 3 000 V + (2 000 times the radial thickness of the insulation in mm) V ; the assembled cable:            - is firstly tested at a voltage value (rms) equal to 500 V applied between all the armourings or screens of the cable joined together electrically and the bundle of all cores joined together electrically and                       - is secondly tested at a voltage value (rms) equal to 1 000 V applied between a bundle comprising one half of the cable cores and a bundle comprising the other half of the cores.                                          4.2.2.2. Or the assembled cable:            - is firstly tested at a voltage value (rms) equal to 1 000 V applied between all the armourings or screens of the cable joined together electrically and the bundle of all cores joined together electrically and                       - is secondly tested at a voltage value (rms) equal to 2 000 V applied in succession between each core of the cable and the bundle formed by all the other cores joined together electrically.                                           4.2.3. The tests prescribed in 4.2.2 shall be carried out with an a.c. voltage of substantially sinusoidal wave form at a frequency between 48 Hz and 62 Hz given by a transformer of appropriate power, taking into account the cable capacity. In the case of dielectric tests on assembled cables, the voltage shall be increased steadily to the specified value in a period not less than 10 seconds and then maintained for at least 60 seconds.  These tests are carried out by the cable manufacturer.                          4.3. No fault between the cores of a multicore cable shall be taken into account if one of the two following requirements are satisfied:        4.3.1. The cable conforms to 4.2 and each individual intrinsically safe circuit is enclosed in a conducting screen providing at least 60 % coverage.  Note : The eventual connection of the screen to earth or frame will be specified in the installation rules.               4.3.2. The cable conforms to 4.2, is effectively protected against damage and each intrinsically safe circuit within the cable has, in normal operation, a peak voltage of equal to or less than 60 volts.                          4.4. Where a multicore cable conforms with 4.2 but not with 4.3 and contains only intrinsically safe circuits forming parts of a single intrinsically safe electrical system, faults shall be considered between up to 4 cores of the cable in addition to the application of either 3.2 or 3.3.           4.5. Where a multicore cable conforms with 4.2 but not with 4.3 and contains intrinsically safe circuits forming parts of different intrinsically safe electrical systems, each intrinsically safe circuit contained in the cable shall have a safety factor of at least four times that required by either 3.2 or 3.3.            4.6. Where a multicore cable does not comply with 4.2 and 4.3, any number of faults between the cores of the cable shall be taken into account in addition to the application of 3.2 or 3.3.           4.7. The certification documents of the intrinsically safe electrical system shall specify the conditions of use resulting from the application of 4.3 to 4.6.                  5. Accessories used in intrinsically safe electrical systems  The accessories which are listed in the certification documents as parts of an intrinsically safe electrical system shall meet:      - points 6 and 7 of European Standard EN 50 014 "General requirements",           - points 5 and 10.3 of European Standard EN 50 020 "Intrinsic safety "i"".             Their marking shall bear at least the manufacturer's name or its registered trade mark.  Note : The use of non-certified accessories is subject to the installation requirements.       6. Type tests  Intrinsically safe electrical systems shall be type tested in accordance with the type test requirements of point 9 of European Standard EN 50 020 "Intrinsic safety "i"" but taking into account point 4 of this Annex.       7. Marking of intrinsically safe electrical systems  Certified intrinsically safe electrical systems shall be marked by the holder of the certificate of that system on at least one of the electrical apparatus set on a strategic position. The marking shall include the minimal marking of 26.5 of European Standard EN 50 014 "General requirements" and the letters "SYST".           ANNEX C ELECTRICAL APPARATUS FOR POTENTIALLY EXPLOSIVE ATMOSPHERES OF GROUP I     I. DISTINCTIVE COMMUNITY MARK >PIC FILE= "T0021416">        II. MARKING OF ELECTRICAL APPARATUS COVERED BY AN INSPECTION CERTIFICATE  If a type of electrical apparatus which is not in conformity with the harmonized standards has been granted an inspection certificate as provided for in Article 9, the distinctive Community mark must be supplemented at least by the following:      1. The symbol "S" signifying that it is an electrical apparatus suitable for gassy mines covered by an inspection certificate. This symbol shall immediately follow the distinctive Community mark as indicated below.           2. The last two numerals of the year of issue of the inspection certificate.           3. The serial number of the inspection certificate for that year.           4. The name or symbol of the body approved to issue the certificates.           5. The name of the manufacturer or his registered trade mark.           6. The manufacturer's type identification.           7. The manufacturer's serial number.           8. If the testing station considers that it is necessary to indicate special conditions for safe use the sign "X" shall be placed after the certificate reference.           9. Any marking normally required by the standards of construction for the electrical apparatus.           10. Any supplementary marking considered necessary by the body approved to issue the certificates.                    >PIC FILE= "T0021417">     ANNEX D >PIC FILE= "T0021418">ELECTRICAL APPARATUS OR SYSTEMS FOR MINES SUSCEPTIBLE TO FIREDAMP     1. CERTIFICATE OF CONFORMITY       2. Name or symbol of the body approved to issue the certificates - the last two numerals of the year of issue of the certificate - the serial number of the certificate - if appropriate the sign "X".       3. This certificate is issued for the following:      - identification of the certified electrical apparatus or system,           - certified type(s).              4.    (a) Manufactured by:  name and address of manufacturer.   (b) Submitted for certification by:  name and address of applicant.   5. This electrical apparatus or system and any acceptable variations thereto are specified in the Annex to this certificate and in the descriptive documents therein referred to.   6. Name or symbol, approved body in accordance with Article 14 of the Council Directive 82/130/EEC of 15 February 1982:  - certifies that this electrical apparatus has been found to comply with the following harmonized European Standards:  (Enumerate any European Standard concerned, year of edition, enumerate the national standards concerned. Indicate, if appropriate, the Annex concerned of the Council Directive referred to above.)  and has successfully met the type verification and test requirements of these standards,   - certifies that a confidential test report has been completed on these verifications and tests.  (If appropriate, give test report number.)   7. The code of the electrical apparatus is:  EEx, the symbol(s) of the type(s) of protection, I.   8. This certificate may only be reproduced in its entirety and without change. Sheet./ ...  The number to the left of the oblique indicates the page number, the number to the right indicates the number of pages of the certificate including Annex.   9. Certificate of conformity - repeat point 2 above.   10. By marking the supplied electrical apparatus, the manufacturer attests on his own responsibility that this electrical apparatus complies with the descriptive documents referred to in the Annex to this certificate and has satisfied routine verifications and tests required in the harmonized European Standards referred to in point 6 above.    11. The supplied electrical apparatus is authorized to carry the distinctive Community mark defined in Annex C of the Council Directive referred to in point 6 above. This mark is reproduced on the first page of this certificate ; it shall be affixed to the electrical apparatus in such a way as to be visible, legible and durable.   12. If the sign "X" is placed after the certificate number, it indicates that the electrical apparatus is subject to the special conditions for safe use specified in the Annex to this certificate.   13. Place and date (year, month and day) for the issue of the certificate.   14. The Director of the certifying body (signature).          Annex >PIC FILE= "T0021425">


Avis juridique important

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31982L0504

Council Directive 82/504/EEC of 12 July 1982 amending Directive 78/663/EEC laying down specific criteria of purity for emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffsM

Official Journal L 230 , 05/08/1982 P. 0035 - 0037 Finnish special edition: Chapter 13 Volume 12 P. 0103  Spanish special edition: Chapter 13 Volume 12 P. 0245  Swedish special edition: Chapter 13 Volume 12 P. 0103  Portuguese special edition Chapter 13 Volume 12 P. 0245

COUNCIL DIRECTIVE of 12 July 1982 amending Directive 78/663/EEC laying down specific criteria of purity for emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs (82/504/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 74/329/EEC of 18 June 1974 on the approximation of the laws of the Member States relating to emulsifiers, stabilizers, thickeners and gelling agents for use in foodstuffs (1), as last amended by Directive 80/597/EEC (2), and in particular Article 7 (1) thereof,  Having regard to the proposal from the Commission,  Whereas Council Directive 78/663/EEC (3) lays down specific criteria of purity for emulsifiers, stabilizers, thickness and gelling agents for use in foodstuffs;  Whereas Directive 80/597/EEC has amended Annex I to Directive 74/329/EEC so as to authorize Xanthan gum (E 415) and powdered cellulose (E 460 - (ii)) and, for this reason, the criteria of purity of these substances should be defined and the nomenclature of E 460 amended in consequence;  Whereas Directive 78/663/EEC provides that, as regards substances E 474 and E 477, the Council may, acting unanimously on a proposal from the Commission, decide on any necessary amendments by 31 December 1981;  Whereas the criteria of purity for substances E 400, E 401, E 402, E 403, E 404 and E 405 should be modified to take account of scientific developments, particularly of methods of analysis,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 78/663/EEC is hereby amended as follows:    1. Article 2 shall be replaced by the following:  "Article 2  As regards the substances referred to in the Annex under E 477, Member States may, until 31 December 1984, authorize for use in foodstuffs a product containing not more than 4 % dimer and trimer of propane-1,2-diol."       2. The Annex shall be amended as follows:      (a) Under E 400, E 401, E 402, E 403, E 404 and E 405, the entries relating to insoluble matter in dilute NaOH shall be deleted, and the text of the entries relating to acid-insoluble ash shall be replaced by "Not more than 2 %".  (1) OJ No L 189, 12.7.1974, p. 1. (2) OJ No L 155, 23.6.1980, p. 23. (3) OJ No L 223, 14.8.1978, p. 7.            (b) The following shall be inserted between E 414 and E 420 - (i): >PIC FILE= "T0022631">            (c) The number "E 460" shall become "E 460 - (i)".           (d) The following shall be inserted between E 460 - (i) and E 461: >PIC FILE= "T0022632">             (e) Under E 474:    - The last sentence of the text of the entry relating to chemical description shall be replaced by the following:  "No organic solvents shall be used in their preparation other than cyclohexane, dimethylformamide, ethyl acetate, isobutanol and isopropanol."   - The following new entry shall be added: >PIC FILE= "T0022633">            (f) Under E 477, the entry relating to dimer and trimer of propane-1,2-diol shall be replaced by the following:  "Not more than 0 75 %."                     Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1984. They shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 12 July 1982.  For the Council  The President  J. NØRGAARD


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31989L0518

Commission Directive 89/518/EEC of 1 August 1989 adapting to technical progress Council Directive 77/538/EEC on the approximation of the laws of the Member States relating to rear fog lamps for motor vehicles and their trailers

Official Journal L 265 , 12/09/1989 P. 0024 - 0029 Finnish special edition: Chapter 13 Volume 19 P. 0086  Swedish special edition: Chapter 13 Volume 19 P. 0086

COMMISSION DIRECTIVE of 1 August 1989 adapting to technical progress Council Directive 77/538/EEC on the approximation of the laws of the Member States relating to rear fog lamps for motor vehicles and their trailers (89/518/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/156/EE of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 87/403/EEC (2), and in particular  Article 11 thereof,  Having regard to Council Directive 77/538/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to rear fog lamps for motor vehicles and their trailers (3), as last amended by Directive 87/354/EEC (4), and in particular  Article 10 thereof,  Whereas, in the light of experience and in view of the current state of the art, it is now possible to simplify the EEC component type-approval mark for such lamps, where they are grouped together with, combined with or reciprocally incorporated in  other lamps;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of Directives on the Removal of Technical Barriers to Trade in the Motor Vehicles Sector,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Annexes 0 and II to Directive 77/538/EEC are amended in accordance with the Annex to this Directive.  Article 2 With effect from 1 January 1990, no Member State may:  (a)  - refuse, in respect of a type of vehicle, to grant EEC type-approval, to issue the document referred to in the third indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or - prohibit the entry into service of vehicles, on grounds relating to the rear fog lamps if the latter comply with the provisions of this Directive;  (b)  - refuse to grant EEC component type-approval or national component type-approval in respect of the said rear fog lamps if they comply with the provisions of this Directive, or - prohibit the placing on the market of rear fog lamps if the latter bear the EEC component type-approval mark issued in accordance with the provisions of this Directive.  Article 3 Member States shall bring into force the provisions necessary to comply with this Directive not later than 31 December 1989. They shall forthwith inform the Commission thereof.  The provisions adopted pursuant to the first subparagraph shall make express reference to this Directive.  Article 4 This Directive is addressed to the Member States.   Done at Brussels, 1 August 1989.  For the Commission Martin BANGEMANN Vice-President   (1) OJ No L 42, 23. 2. 1970, p. 1. (2) OJ No L 220, 8. 8. 1987, p. 44. (3) OJ No L 220, 29. 8. 1977, p. 60. (4) OJ No L 192, 11. 7. 1987, p. 43.   ANNEX  Annex 0 is amended as follows:  Items 1 to 1.4 are replaced by the following items 1 and 1.1:  ´1.  DEFINITIONS ´1.1 The definitions set out in Directive 76/756/EEC of:  - rear fog lamp,  - lamp,  - light source with regard to filament lamps,  - independent lamps,  - grouped lamps,  - combined lamps,  - reciprocally incorporated lamps,  - device,  - illuminating surface of a signalling lamp other than a reflex reflector,  - apparent surface,  - light-emitting surface,  - axis of reference,  - centre of reference - single lamp,  shall apply to this Directive.' Items 1.5 to 1.5.4 are renumbered 1.2 to 1.2.4.  Item 3.4 is replaced by the following:  ´3.4 The illuminating surface of the lamp shall not exceed 140 cm$.' Item 6, ´2854 K' is replaced by ´2856 K' In the German version the abbreviation for the International Commission on Illumination should read: ´CIE'.  Annex II is amended as follows:  Item 1.2.2 is replaced by the following:  ´1.2.2.  drawings (three copies) in sufficient detail to permit identification of the type and showing, geometrically, the position in which the device is to be mounted on the vehicle, the axis of observation to be taken as the axis of reference in the tests  (horizontal angle H = 0g, vertical angle V = 0g), the point to be taken as the centre of reference in the said tests, the vertical and horizontal tangents to the illuminating surface and their distance from the centre of reference of the lamp.' In item 3.3 ´mark' should be replaced by ´number' Item 4.2 is replaced by the following:  ´4.2 This mark shall consist of a rectangle surrounding the letter "e'' followed by the distinguishing number or letters of the Member State which has granted type-approval:   1 for Germany,   2 for France,   3 for Italy,   4 for the Netherlands  6 for Belgium,   9 for Spain,  11 for the United Kingdom,  13 for Luxembourg,  18 for Denmark,  21 for Portugal,  EL for Greece,  IRL for Ireland It must also include the EEC component type-approval number which corresponds to the number of the EEC component type-approval certificate issued for the type of rear fog lamp in question (see Annex I), preceded by two figures indicating the sequence  number assigned to the most recent major technical amendment of Council Directive 77/538/EEC, on the date when EEC component type-approval was delivered. For the present Directive, this number is ´00'.  Item 4.6, read:  ´4.6 Examples of the EEC component type-approval mark and the additional symbol are shown in Appendix 1.  The component type approval numbers in accordance with appendix 1 to Directive 77/538/EEC, in its initial form i.e. without sequence number "00'', may however be retained provided that the technical requirements relating to rear fog lamps are not  modified.' Item 4.7, read:  ´4.7 Where a single EEC component type-approval number is issued, as under 3.3, for a type of lighting and light-signalling device comprising a rear fog lamp that is grouped, combined or reciprocally incorporated with other lamps, one EEC component  type-approval mark only may be affixed, consisting of:  - a rectangle surrounding the letter "e'' followed by the distinguishing number or letters of the Member State which has granted the type approval,  - the EEC component type-approval number and, where necessary, the appropriate arrow.' After item 4.7, the following new items are added:  ´4.7.1 This EEC component type-approval mark may be placed anywhere on lamps that are grouped, combined or reciprocally incorporated, provided that:  4.7.1.1 it is visible when the lamps have been installed;  4.7.1.2 no light-transmitting component of the grouped, combined or reciprocally incorporated lamps may be removed without the EEC component type-approval mark being removed at the same time.  4.7.2 The identification symbol for each lamp corresponding to each Directive pursuant to which EEC component type-approval was granted, together with the two figures indicating the sequence number referred to in item 4.2, final indent, above and, where  necessary, the additional letter "D'' must be indicated,  4.7.2.1 either on the appropriate light-emitting surface;  4.7.2.2 or in a group, such that each of the grouped, combined or reciprocally incorporated lamps may be clearly identified.' Item 4.9 is replaced by the following.  ´4.9 Examples of an EEC component type-approval mark for a lamp that is grouped, combined or reciprocally incorporated with other lamps are shown in Appendix 2.' Appendix 1 is amended as follows.  In the title, the word ´Example' is replaced by the word ´Examples'.  Above the example of an EEC component type-approval mark, the words ´Figure 1' are inserted.  After Figure 1, the following Figure 2 is added:  Appendix 2 is replaced by the following:  ´Appendix 2 EXAMPLES OF SIMPLIFIED MARKING FOR GROUPED, COMBINED OR RECIPROCALLY INCORPORATED LAMPS Note: In the above examples the vertical and horizontal lines depict the general shape of a lamp unit and do not form part of the component type-approval mark.  The three examples of EEC component type-approval marks shown above, namely models A, B and C, represent three possible alternatives for marking a lighting device where two or more lamps form part of the same set of grouped, combined or reciprocally  incorporated lamps. They show that the device in question was EEC type-approved in the Netherlands (e 4) under the number 3333 and consists of:  - a class IA reflex reflector, EEC type-approved pursuant to Directive 76/757/EEC;  - a category 2a rear direction indicator, EEC type-approved pursuant to Directive 76/759/EEC;  - a red rear position (side) lamp (R), EEC type-approved pursuant to Directive 76/758/EEC;  - a rear fog lamp (F), EEC type-approved pursuant to this Directive;  - a reversing lamp (AR), EEC type-approved pursuant to Directive 77/539/EEC;  - a stop lamp (S1), EEC type-approved pursuant to Directive 76/758/EEC.'


Important legal notice

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31976L0114

Council Directive 76/114/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment

Official Journal L 024 , 30/01/1976 P. 0001 - 0005 Finnish special edition: Chapter 13 Volume 4 P. 0175  Greek special edition: Chapter 13 Volume 3 P. 0144  Swedish special edition: Chapter 13 Volume 4 P. 0175  Spanish special edition: Chapter 13 Volume 4 P. 0184  Portuguese special edition Chapter 13 Volume 4 P. 0184  Special edition in Czech Chapter 13 Volume 003 P. 47  - 51 Special edition in Estonian Chapter 13 Volume 003 P. 47  - 51 Special edition in Hungarian Chapter 13 Volume 003 P. 47  - 51 Special edition in Lithuanian Chapter 13 Volume 003 P. 47  - 51 Special edition in Latvian Chapter 13 Volume 003 P. 47  - 51 Special edition in Maltese Chapter 13 Volume 003 P. 47  - 51 Special edition in Polish Chapter 13 Volume 003 P. 47  - 51 Special edition in Slovakian Chapter 13 Volume 003 P. 47  - 51 Special edition in Slovenian Chapter 13 Volume 003 P. 47  - 51

		Council Directiveof 18 December 1975on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment(76/114/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament [1],Having regard to the opinion of the Economic and Social Committee [2],Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to statutory plates and inscriptions, and their location and methods of attachment;Whereas those requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure, which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers [3], to be applied in respect of each type of vehicle;Whereas the approximation of national laws relating to motor vehicles involves the mutual recognition by Member States of the inspections carried out by each of them on the basis of common provisions; whereas, for such a system to function successfully, these provisions must be applied by all Member States with effect from the same date,HAS ADOPTED THIS DIRECTIVE:Article 1For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails, agricultural or forestry tractors and machinery, and public works vehicles.Article 2No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the statutory plates and inscriptions and their location and method of attachment, if these satisfy the requirements set out in the Annex hereto.Article 3No Member State may refuse registration or prohibit the sale, entry into service or use of a vehicle on grounds relating to the statutory plates and inscriptions and their location and method of attachment, if these satisfy the requirements set out in the Annex to this Directive.Article 4The amendments necessary to adapt the requirements of the Annex to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.Article 51. By 1 January 1977, Member States shall adopt and publish the provisions necessary to comply with this Directive and shall forthwith inform the Commission thereof.They shall implement these provisions with effect from 1 October 1978.2. After notification of this Directive, Member States shall take steps to inform the Commission, in sufficient time for it to submit its comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by the Directive.Article 6This Directive is addressed to the Member States.Done at Brussels, 18 December 1975.For the CouncilThe PresidentM. Toros[1] OJ No C 5, 8. 1. 1975, p. 41.[2] OJ No C 47, 27. 2. 1975, p. 4.[3] OJ No L 42, 23. 2. 1970, p. 1.--------------------------------------------------ANNEX1. GENERAL1.1. All vehicles must be provided with the plate and inscriptions described in the following sections. The plate and inscriptions shall be attached either by the manufacturer or by his authorized representative.2. MANUFACTURER'S PLATE2.1. A manufacturer's plate, modelled on that shown in the appendix hereto, must be firmly attached in a conspicuous and readily accessible position on a part not subject to replacement in use. It must show clearly and indelibly the following information in the order listed:2.1.1. Name of the manufacturer.2.1.2. EEC type-approval number [1].This number is composed of a small letter "e" followed, in the order given, by the distinguishing number or letters of the country which granted the EEC type-approval (1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, 6 for Belgium, 11 for the United Kingdom, 12 for Luxembourg, DK for Denmark, IRL for Ireland) and by the type-approval number corresponding to the number on the type-approval certificate for the type of vehicle. An asterisk shall be placed between the letter "e" and the distinguishing number or letters of the country which granted the EEC type-approval, and between the distinguishing number or letters and the type-approval number.2.1.3. Vehicle identification number.2.1.4. Maximum permitted laden weight of the vehicle.2.1.5. Maximum permitted laden weight for the combination, where the vehicle is used for towing.2.1.6. Maximum permitted road weight for each axle, listed in order from front to rear.2.1.7. In the case of a semi-trailer, the maximum permitted weight on the fifth wheel king pin.2.1.8. The requirements of 2.1.4 to 2.1.7 shall not enter into force until 12 months have elapsed from the date of adoption of the Council Directive on weights and dimensions of motor vehicles and their trailers. In the meantime, however, a Member State may require that the maximum permitted weights prescribed in its national legislation be shown on the plate of any vehicle which has entered into service in its territory.If the technically permissible weight is higher than the maximum permitted weight, the Member State in question may request that the technically permissible weight also be stated. The weight would be set out in two columns: the maximum permitted weight on the left and the technically permissible weight on the right.2.2 The manufacturer may give additional information below or to the side of the prescribed inscriptions, outside a clearly marked rectangle which shall enclose only the information prescribed in 2.1.1 to 2.1.8 (see the Appendix to this Annex).VEHICLE IDENTIFICATION NUMBERThe vehicle identification number is a fixed combination of characters assigned to each vehicle by the manufacturer. Its purpose is to ensure that every vehicle can be clearly identified over a period of 30 years through the intermediary of the manufacturer, without there being a need for reference to further data. The vehicle identification number must conform to the following requirements:3.1. It must be marked on the manufacturer's plate, and also on the chassis, frame, or other similar structure.3.1.1. It must consist of two sections: the first, composed of not more than six characters (letters or figures), identifying the general characteristics of the vehicle, in particular the type and model; the second, composed of eight characters of which the first four may be letters or figures and the other four figures only, providing, in conjunction with the first section, clear identification of a particular vehicle.3.1.2. It must wherever possible be marked on a single line. As an exception, for technical reasons, it may also be marked on two lines. However, in this case there must be no gaps within either of the two sections.There must be no spaces between the characters.In the second section, any unused position must be filled by a zero in order to obtain the required total of eight characters.The beginning and end of each line must be marked by a symbol which is neither an arabic numeral nor a roman capital letter and which cannot be confused with either. It is also permissible to place such a symbol between the two sections on one line (3.1.1).3.2. The identification number must, moreover:3.2.1. be marked on the chassis, frame or other similar structure, on the right-hand side of the vehicle;3.2.2. be placed in a clearly visible and accessible position by a method such as hammering or stamping, in such a way that it cannot be obliterated or deteriorate.4. CHARACTERS4.1. Roman letters and arabic numerals must be used for all the markings provided for in sections 2 and 3. However, the roman letters used in the markings provided for in 2.1.1 and 2.1.3 and 3 must be capital letters.4.2. For the vehicle identification number:4.2.1. use of the letters I, O and Q and dashes, asterisks and other special signs, other than the symbols referred to in the final paragraph of 3.1.2, is not permitted;4.2.2. the minimum height of the letters and figures shall be as follows:4.2.2.1. 7 mm for characters marked directly on the chassis, frame or other similar structure of the vehicle;4.2.2.2. 4 mm for characters marked on the manufacturer's plate.[1] Until such time as EEC type-approval is granted, the national type-approval number may be used instead.--------------------------------------------------APPENDIXMODEL OF THE MANUFACTURER'S PLATE(see 2.1 and 2.2)+++++ TIFF +++++Example as for a Class N 3 vehicle.Additional information (see 2.2) may be given below or to the side of the prescribed information within the rectangles shown with broken lines in the above model.--------------------------------------------------


Avis juridique important

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31964L0222

Council Directive 64/222/EEC of 25 February 1964 laying down detailed provisions concerning transitional measures in respect of activities in wholesale trade and activities of intermediaries in commerce, industry and small craft industries

Official Journal 056 , 04/04/1964 P. 0857 - 0863 Finnish special edition: Chapter 6 Volume 1 P. 0011  Danish special edition: Series I Chapter 1963-1964 P. 0112  Swedish special edition: Chapter 6 Volume 1 P. 0011  English special edition: Series I Chapter 1963-1964 P. 0120  Greek special edition: Chapter 06 Volume 1 P. 0025  Spanish special edition: Chapter 06 Volume 1 P. 0028  Portuguese special edition Chapter 06 Volume 1 P. 0028

COUNCIL DIRECTIVE of 25 February 1964 laying down detailed provisions concerning transitional measures in respect of activities in wholesale trade and activities of intermediaries in commerce, industry and small craft industries (64/222/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 54 (2), 57, 63 (2) and 66 thereof;  Having regard to the General Programme for the abolition of restrictions on freedom of establishment, 1 and in particular the second and third paragraphs of Title V thereof;  Having regard to the General Programme for the abolition of restrictions on freedom to provide services, 2 and in particular the second and third paragraphs of Title VI thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament 3;  Having regard to the Opinion of the Economic and Social Committee 4;  Whereas, besides making provision for the abolition of restrictions, the General Programmes provide that it should be examined whether such abolition should be preceded, accompanied or followed by mutual recognition of diplomas, certificates and other evidence of formal qualifications, and by the co-ordination of provisions laid down by law, regulation or administrative action concerning the taking up and pursuit of the activities in question, and whether, if need be, transitional measures should be adopted pending such recognition or co-ordination;  Whereas not all Member States impose conditions for the taking up and pursuit of activities in wholesale trade or activities of intermediaries in commerce, industry and small craft industries ; whereas in those Member States where such conditions are imposed, these consist of limited requirements, namely the possession of a certificate of professional competence, or equivalent diploma, issued in accordance with the relevant legislative provisions;  Whereas, in view of the limited scope of the regulations existing in certain Member States and the absence of any regulations whatsoever in others, it has not been possible to effect the co-ordination provided for at the same time as the abolition of discrimination ; whereas such co-ordination must be effected at a later date;  Whereas, in the absence of immediate co-ordination, it nevertheless appears desirable to make it easier to attain freedom of establishment and freedom to provide services in respect of the activities in question by the adoption of transitional measures of the kind envisaged in the General Programmes ; whereas this should be done primarily in order to avoid causing exceptional difficulties for nationals of Member States in which the taking up of such activities is not subject to any conditions;  Whereas, in order to prevent such difficulties arising, the main object of the transitional measures should be to allow, as sufficient qualification for taking up the activities in question in host States which have rules governing the taking up of such activities, the fact that the occupation has been pursued for a reasonable period of time in the country whence the person concerned comes and in the sufficiently recent past to ensure that such person possesses professional  1 OJ No 2, 15.1.1962, p. 36/62.  2 OJ No 2, 15.1.1962, p. 32/62.  3 OJ No 84, 4.6.1963, p. 1578/63.  4 OJ No 56, 4.4.1964, p. 862/64.  knowledge equivalent to that required of the host country's own nationals;  Whereas, as regards States which do not make the taking up of the activities in question subject to any rules, in order to avoid a disproportionate influx into those States of persons who are unable to satisfy the conditions laid down in respect of the taking up and pursuit of such activities in the country whence they come, provision should be made for those States to be authorised, where appropriate and in respect of one or more activities, to require nationals of other Member States to furnish proof that they are qualified to pursue the activity in question in the country whence they come.  Whereas, however, considerable caution should be exercised in granting such authorisations, for, if too generally applied, they might hinder freedom of movement whereas they should therefore be limited, both as to their period of validity and as to their scope, and, as is generally provided in the Treaty in respect of the administration of protective measures, the granting of such authorisations should be entrusted to the Commission;  Whereas the main purpose of the measures provided for in this Directive will disappear once the co-ordination of conditions for the taking up and pursuit of the activities in question and the mutual recognition of diplomas, certificates and other formal evidence of qualifications has been achieved;  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Member States, acting in accordance with the provisions hereinafter laid down, shall adopt the following transitional measures in respect of establishment or provision of services in their territories by natural persons or companies or firms covered by Title I of the General Programmes wishing to engage in activities in wholesale trade or as intermediaries in commerce, industry and small craft industries.  2. The activities in question are those covered by the Council Directive of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities in wholesale trade and by the Council Directive of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of intermediaries in commerce, industry and small craft industries.   Article 2 Where, in a Member State, the taking up or pursuit of any activity referred to in Article 1 (2) is dependent on the possession of general commercial or professional knowledge, that Member State shall accept as sufficient evidence of such knowledge the fact that the activity in question has been pursued in another Member State for a period of three consecutive years either in an independent capacity or in a managerial capacity, on condition that such activity shall not have ceased more than two years before the date when the application provided for in Article 4 (2) is made.   Article 3 1. Where, in a Member State, the taking up or pursuit of any activity referred to in Article 1 (2) is not subject to the possession of general, commercial, or professional knowledge, and where that State faces serious and damaging consequences as a result of the application of the Council Directive referred to in Article 1 (2), that Member State may request from the Commission authorisation, for a limited period and in respect of one or more specified activities, to require from nationals of other Member States who wish to pursue those activities in its territory proof that they possess the qualifications required for the pursuit of such activities, either in an independent capacity or in a managerial capacity, in the country whence they come.  Use shall not be made of this power in respect of a person who comes from a country which does not make the taking up of the activity in question subject to proof of particular knowledge, or in respect of a person who has lived in the host country for at least five years.  2. On receipt of a request from the Member State concerned stating the reasons on which it is based, the Commission shall forthwith specify the conditions on which the authorisation provided for in paragraph 1 of this Article will be granted and lay down detailed rules concerning its implementation.   Article 4 1. A person shall be regarded as having pursued an activity in a managerial capacity within the meaning of Articles 2 and 3 if he has pursued such activity in an industrial or commercial undertaking in the field in question:    (a) as manager of an undertaking or manager of a branch of an undertaking ; or       (b) as deputy to the proprietor or to the manager of an undertaking, where such post involves responsibility equivalent to that of the proprietor or manager represented.          2. Proof that the conditions laid down in Article 2 or in Article 3 (1) are satisfied shall be established by certificates issued by the competent authority or body in the country whence the person concerned comes, which such person shall submit in support of his application for authorisation to pursue the activity or activities in question in the host country.  3. Member States shall, within the time limit laid down in Article 6, designate the authorities and bodies competent to issue these certificates and shall forthwith inform the other Member States and the Commission thereof.   Article 5 The provisions of this Directive shall remain applicable until the entry into force of provisions relating to the co-ordination of national rules concerning the taking up and pursuit of the activities in question.   Article 6 Member States shall adopt the measures necessary to comply with this Directive within six months of its notification and shall forthwith inform the Commission thereof.   Article 7 Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 25 February 1964.  For the Council  The President  H. FAYAT


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31989L0460

Council Directive 89/460/EEC of 18 July 1989 amending, with a view to fixing an expiry date for the derogations accorded to Ireland and the United Kingdom, Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles

Official Journal L 226 , 03/08/1989 P. 0005 - 0006 Finnish special edition: Chapter 7 Volume 3 P. 0183  Swedish special edition: Chapter 7 Volume 3 P. 0183

COUNCIL DIRECTIVE of 18 July 1989 amending, with a view to fixing an expiry date for the derogations accorded to Ireland and the United Kingdom, Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain  road vehicles (89/460/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to Council Directive 85/3/EEC of 19 December 1984 on the weights, dimensions and certain other technical characteristics of certain road vehicles (1), as last amended by Directive 89/338/EEC (2), and in particular Article 8 (6) thereof,  Having regard to the proposal from the Commission (3),  Having regard to the opinion of the European Parliament (4),  Having regard to the opinion of the Economic and Social Committee (5),  Whereas Directive 85/3/EEC lays down maximum authorized weights, dimensions and certain other technical characteristics of certain road vehicles;  Whereas the state of certain portions of the road network in Ireland and the United Kingdom did not make it possible for these Member States to apply, at the time of the adoption of Directive 85/3/EEC and its subsequent amendments, all the provisions of  the Directive;  Whereas the application of some of these provisions in those Member States was therefore temporarily deferred;  Whereas on 4 February 1987 the Commission transmitted a first report to the Council concerning the derogations accorded to Ireland and the United Kingdom under Article 8 (1) and (3) of Directive 85/3/EEC and indicating that the bridges in Ireland and  the United Kingdom which were built according to the design standards in force in those Member States are sufficiently strong to carry the maximum authorized weights laid down in the said Directive;   Whereas, on the basis of the first report and information since provided, the Commission submitted a second report concerning the said derogations on 16 January 1989;  Whereas this report concludes that there will be no further justification for the derogations accorded by Article 8 (1) and (3) once the bridges of insufficient weight-bearing capacity have been identified and those on principal routes have been  strengthened;  Whereas the information provided in the abovementioned report also leads to the conclusion that the derogations granted to Ireland and the United Kingdom under Article 8 (5) of Directive 85/3/EEC would no longer be justified as from that moment;  Whereas it will be possible for the works necessary to bring about this objective to be completed by 31 December 1998;  Whereas bridges which still require strengthening after 31 December 1998 could be covered by local weight restrictions;  Whereas, once safety considerations are met in this way, the full application of the provisions of Directive 85/3/EEC throughout the whole territory of the Community will have beneficial effects on the operation of transport facilities,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Article 8 of Directive 85/3/EEC is replaced by the following:  ´Article 8 Article 3 shall not apply in Ireland and the United Kingdom until 31 December 1998:  - as regards the standards referred to in points 2.2, 2.3.1, 2.3.3, 2.4 and 3.3.2 of Annex I:  - with the exception of the articulated vehicles referred to in point 2.2.2 where:  i(i)  the total laden weight does not exceed 38 tonnes;  (ii)  the weight on any tri-axle at the spacing specified in point 3.3.2 of Annex I does not exceed 22,5 tonnes;  - with the exception of the vehicles referred to in points 2.2.3, 2.2.4, 2.3 and 2.4, where the total laden weight does not exceed:  ii(i)  35 tonnes for the vehicles referred to in points 2.2.3 and 2.2.4;  i(ii)  17 tonnes for the vehicles referred to in point 2.3.1;  (iii)  30 tonnes for the vehicles referred to in point 2.3.3, subject to compliance with the conditions specified in that point and in point 4.3;  (iv)  27 tonnes for the vehicles referred to in point 2.4,  - as regards the standard referred to in point 3.4 of Annex I, with the exception of the vehicles referred to in point 2.2, 2.3 and 2.4 of Annex I, where the weight per driving axle does not exceed 10,5 tonnes.' Article 2 After consulting the Commission, Ireland and the United Kingdom shall take the measures necessary to comply with this Directive and shall inform the Commission thereof.  Article 3 This Directive is addressed to the Member States.   Done at Brussels, 18 July 1989.  For the Council The President R. DUMAS  (1) OJ No L 2, 3. 1. 1985, p. 14. (2) OJ No L 142, 25. 5. 1989, p. 3. (3) OJ No C 45, 24. 2. 1989, p. 14. (4) OJ No C 120, 16. 5. 1989. (5) Opinion delivered on 31 May 1989 (not yet published in the Official Journal).