Avis juridique important

|

31977L0313

Council Directive 77/313/EEC of 5 April 1977 on the approximation of the laws of the Member States relating to measuring systems for liquids other than water

Official Journal L 105 , 28/04/1977 P. 0018 - 0036 Finnish special edition: Chapter 13 Volume 7 P. 0025  Greek special edition: Chapter 13 Volume 6 P. 0031  Swedish special edition: Chapter 13 Volume 7 P. 0025  Spanish special edition: Chapter 13 Volume 7 P. 0035  Portuguese special edition Chapter 13 Volume 7 P. 0035

COUNCIL DIRECTIVE  of 5 April 1977  on the approximation of the laws of the Member States relating to measuring systems for liquids other than water  (77/313/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 in each Member State the construction and methods of control of measuring systems for liquids are subject to mandatory provisions which differ from one Member State to another and consequently hinder trade in such systems ; whereas it is therefore necessary to approximate these provisions;  Whereas Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (3), as last amended by Directive 72/427/EEC (4), has laid down the EEC pattern approval and EEC initial verification procedure for measuring instruments ; whereas, in accordance with that Directive, the technical requirements for the design and functioning of measuring systems for liquids other than water should be laid down;  Whereas Council Directive 71/319/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to meters for liquids other than water (5) and Council Directive 71/348/EEC of 12 October 1971 on the approximation of the laws of the Member States relating to ancillary equipment for meters for liquids other than water (6) have already laid down the technical design and operational requirements which such meters must satisfy ; whereas it is specified in Directive 71/319/EEC that measuring systems including one or more meters for liquids other than water must be the subject of a separate Directive,  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply to measuring systems for liquids other than water incorporating volumetric meters in which the liquid causes the movement of mobile walls of measuring chambers.   Article 2 Those measuring systems which may bear EEC signs and marks are described in the Annex hereto. They shall be subject to EEC pattern approval if the provisions of the Annex so require and shall undergo EEC initial verification under the conditions laid down in the Annex hereto.  Under the conditions laid down in the Annex, EEC pattern approval may also be granted to measuring system components and sub-assemblies.   Article 3 No Member State may, on the grounds of their metrological properties, refuse, prohibit or restrict the placing on the market or the use of measuring systems for liquids  (1)OJ No C 125, 8.6.1976, p. 43. (2)OJ No C 131, 12.6.1976, p. 53. (3)OJ No L 202, 6.9.1971, p. 1. (4)OJ No L 291, 28.12.1972, p. 156. (5)OJ No L 202, 6.9.1971, p. 32. (6)OJ No L 239, 25.10.1971, p. 9.   other than water bearing the signs and marks provided for in this Directive as specified by Directive 71/316/EEC.  No Member State may, on grounds of their metrological properties, refuse, prohibit or restrict the placing on the market of measuring system components and sub-assemblies bearing the EEC pattern approval sign.   Article 4 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.   Article 5 This Directive is addressed to the Member States.     Done at Luxembourg, 5 April 1977.  For the Council  The President  D. OWEN     ANNEX    1. GENERAL REQUIREMENTS FOR MEASURING SYSTEMS      1.1. Definitions        1.1.1. Measuring system  A measuring system for liquids other than water comprises, in addition to the meter itself conforming to Directive 71/319/EEC and the ancillary equipment conforming to Directive 71/348/EEC which may be associated with it, all the equipment to ensure correct measuring or intended to facilitate the operation and all other equipment which can affect measuring in any possible way.  If several meters intended for separate measuring operations operate in conjunction with common components, each meter shall be considered as comprising, with the common components, a measuring system.  If several meters are intended for a single measuring operation, the meters are considered as forming a single measuring system.               1.1.2. Minimum delivery  The minimum delivery of a measuring system is determined in conformity with the requirements of Directives 71/319/EEC and 71/348/EEC, having regard to the provisions of this Directive.  In measuring systems intended to measure liquid received into the system, the smallest volume of liquid for which measurement shall be authorized is called minimum reception. The preceding requirement relating to minimum delivery applies, by analogy, to minimum reception.               1.1.3. Gas separator  A gas separator is an apparatus for continuously separating and removing by an appropriate device any air or gases contained in the liquid.  The gas evacuation device is, in principle, automatic in operation. However, this requirement shall be waived if there is a mechanism which automatically stops the flow of liquid if there is a risk of air or gas entering the meter. In this case, resumption of measurement shall be possible only when the air or gas has been removed, either automatically or manually.               1.1.4. Gas extractor  A gas extractor is an apparatus designed to extract air or gases accumulated in the pipework upstream of the meter in the form of pockets no more than slightly mixed with the liquid.  The above requirements concerning the gas evacuation device for the gas separator shall also apply to that of the gas extractor.               1.1.5. Special gas extractor  A special gas extractor is an apparatus which, like the gas separator but under less stringent operating conditions, continuously separates any air or gases contained in the liquid, and automatically stops the flow of liquid if there is a risk of air or gases accumulated in the form of pockets no more than slightly mixed with the liquid, entering the meter.                1.1.6. Condenser tray  A condenser tray is a closed tank designed to collect, in pressurized liquefied gas measuring systems, the gases contained in the liquid to be measured and to condense them before measuring.               1.1.7. Gas indicator  A gas indicator is a device allowing easy detection of any air or gas bubbles which may be present in the liquid flow.               1.1.8. Sight-glass  A sight-glass is a device for checking that all or part of the measuring system is completely full of liquid.           1.2. Scope  The general requirements of section 1 shall apply to all types of measuring systems unless otherwise specified in section 2.           1.3. Meters, flowrate limits  Meters incorporated in a measuring system, including any ancillary equipment, shall be of an EEC pattern approved for measuring the liquid concerned under normal operating conditions.  These meters shall be subject to separate EEC pattern approval or to approval included in the EEC pattern approval of the measuring system in which they are incorporated. The flowrate limits (maximum and minimum flowrates) of a measuring system may differ from those of the meter fitted to it. In such cases it should be checked that the maximum and minimum flowrates of the measuring system are compatible with those of the meter. Even where a meter has been approved as a component incorporated in a measuring system, it must in all instances comply with the requirements of Directive 71/319/EEC. Where a number of meters are mounted in parallel on a single measuring system, the sum of the maximum and minimum flowrates of the various meters shall, with the exception of the specific instances laid down in this Annex, be taken into account in determining the flowrate limits of the measuring system. The maximum flowrate of the measuring system must be at least twice the total minimum flowrate of its meter or meters.           1.4. Point of transfer        1.4.1. Measuring systems shall incorporate a point defining the quantity of liquid delivered or received and called the point of transfer. This point of transfer is situated downstream of the meter in delivery systems, upstream of the meter in receiving systems.               1.4.2. Measuring systems may be of two types : "empty-hose" systems and "full-hose" systems ; the term "hose" includes rigid pipework.         1.4.2.1. Empty-hose systems are, in the case of delivery equipment, measuring systems in which the point of transfer is situated upstream of a delivery hose. This point of transfer takes the form of either a weir-type sight-glass or a closing device, combined, in both cases, with a system which ensures the emptying of the delivery hose after each measuring operation.               1.4.2.2. Full-hose measuring systems are, in the case of delivery equipment, measuring systems whose point of transfer consists of a dosing device situated in the delivery pipework. Where the pipework has a free end, the closing device shall be situated as close as possible to this end.               1.4.2.3. In the case of receiving equipment, the same requirements apply by analogy to the reception pipework upstream of the meter.                               1.5. Filters  Measuring systems shall incorporate a device upstream of the meters, intended to collect solid impurities from the liquids (filter). Filters shall as far as possible be so arranged as to be easily accessible.           1.6. Elimination of air or gases        1.6.1. General requirement  Measuring systems shall be installed in such a way that they do not normally produce, upstream of the meter, entry of air or release of gas into the liquid. If there is a risk that this requirement might not be met, measuring systems shall incorporate gas-eliminating equipment permitting the proper elimination of any air or undissolved gases which may be contained in the liquid before it passes through the meter.  The gas-eliminating equipment shall be suitable for the supply conditions and be arranged in such a way that the additional error due to the influence of the air and gases on the measuring results shall not exceed:          - 0 75 % of the quantity measured for liquids other than potable liquids of a viscosity not exceeding 1 mPa 7s,                   - 1 % of the quantity measured for potable liquids and those whose viscosity exceeds 1 mPa 7s.            However, there shall be no need for the error to be less than 1 % of the minimum delivery.               1.6.2. Pumped flow          1.6.2.1. Subject to 1.6.6, when the pressure at the pump intake may, even momentarily, fall below atmospheric pressure or the saturated vapour pressure of the liquid, a gas separator shall be provided.            1.6.2.1.1. A gas separator intended to operate at a maximum flowrate not exceeding 100 m3/h may be subject either to separate EEC pattern approval or to approval included in the EEC pattern approval of the measuring system of which it forms part, where this Annex provides for approval of such a system. However, as regards gas separators designed to operate at a maximum flowrate exceeding 100 m3/h, pattern approval may be granted by analogy with an approved pattern of the same design and smaller dimensions. Gas separators which have received separate EEC pattern approval may be used in measuring systems without gas indicators.                       1.6.2.1.2. The gas separator shall in principle be installed downstream of the pump. It may, however, be combined with the pump.  It shall always be positioned as close as possible to the meter so that the pressure drop due to the flow of liquid between the two components is negligible.                       1.6.2.1.3. The operational limits of a gas separator shall be as follows:              (a) the maximum flowrate or flowrates for one or more specified liquids;                           (b) the maximum and minimum pressure limits compatible with proper functioning of the gas eliminating device.                                                  1.6.2.1.4. Where a gas separator intended to operate at a maximum flowrate not exceeding 100 m3/h is covered by a separate EEC pattern approval, it shall, within the error limits laid down in 1.6.1, ensure the elimination of air or gases mixed with the liquid to be measured, under the following test conditions:              (a) the measuring system shall operate at its maximum flowrate and the minimum pressure laid down for the gas separator;                           (b) any proportion by volume of air or gases relative to the liquid is permissible if the gas separator is designed for a maximum flowrate lower than or equal to 20 m3/h ; it shall be limited to 30 % if the gas separator is designed for a maximum flowrate higher than  20 m3/h. (Air or gases shall be measured at atmospheric pressure to determine their percentage.)     In addition, the automatic gas removal device shall continue to operate properly at the maximum pressure laid down for gas separators.                 1.6.2.1.5. Where a gas separator is approved as a component incorporated in an approved measuring system, the requirements of 1.6.2.1.4 may be applied to it. In this case, a gas indicator is not necessary.  Where the measuring system incorporates a gas indicator conforming to the definition in 1.1.7, the gas separator shall, within the error limits laid down in 1.6.1, ensure the elimination of air or gases mixed with the liquid to be measured, under the following conditions:        (a) the measuring system shall operate at its maximum flowrate and minimum pressure;                (b) the proportion by volume of air or gases relative to the liquid shall not exceed:        - 20 % for liquids other than potable liquids of a viscosity not exceeding 1 mPa 7s,               - 10 % for potable liquids and for other liquids of a viscosity which is in excess of 1 mPa 7s (1).           Where the proportion by volume of air or gases relative to the liquid exceeds the above percentages and the gas separator fails to meet the requirements in respect of maximum permissible errors, gas or air bubbles must be clearly visible in the gas indicator.                            1.6.2.2. When the pressure at the pump inlet is constantly greater than the atmospheric pressure and the saturated vapour pressure of the liquid, and there is no gas separator, a gas extractor or special gas extractor shall be necessary if gaseous formations are liable to occur between the pump and the meter during non-flow periods or if air pockets can be introduced into the pipework (e.g. when the supply tank is completely empty) in such a manner as to produce a specific error in excess of 1 % of the minimum delivery.            1.6.2.2.1. The gas extractor or special gas extractor intended to operate at a maximum flowrate not exceeding 100 m3/h may be subject either to separate EEC pattern approval or approval included in the EEC pattern approval of the measuring system of which it forms part, if the present Annex makes provision for approval of the system.  However, as regards gas extractors intended to operate at a maximum flowrate in excess of 100 m3/h, pattern approval may be granted by analogy with an approved pattern of the same design and with smaller dimensions.  Gas extractors and special gas extractors which have been granted separate EEC pattern approval may be used in measuring systems without gas indicators.                       1.6.2.2.2. The gas extractor or special gas extractor shall in principle be installed downstream of the pump. However, it may also be combined with the pump.  In both cases, it shall normally be installed at the highest point in the pipework, as close as possible to the meter and upstream of it. If it is installed below the level of the meter, a non-return device, fitted if necessary with a pressure limiting valve, shall be incorporated to prevent the pipes between the valve and the meter from emptying.  If the pipework upstream of the meter incorporates several high points, several gas extractors may be required.                       1.6.2.2.3. The limits of operation of a gas extractor or special gas extractor are as defined for gas separators in 1.6.2.1.3 including the minimum delivery for which such devices are provided.  (1)Experience shows that the requirement referred to in subparagraphs (a) and (b) is generally met by a properly built separator if its effective volume is at least equal to 8 % of the volume delivered in one minute at the maximum flowrate indicated on the plate of the measuring system.                        1.6.2.2.4. A gas extractor or special gas extractor shall, at the maximum flowrate of the measuring system, ensure the elimination of a gas or air pocket, measured under atmospheric pressure, of a volume at least equal to the minimum delivery without an additional error greater than 1 % of the minimum delivery. Moreover, a special gas extractor shall also be capable of separating continuously a volume of gas or air equal to 5 % of the volume of the liquid delivered at the maximum flowrate without the resulting additional error exceeding the limits fixed in 1.6.1.                                          1.6.2.3. The requirements of 1.6.2.1 and 1.6.2.2 shall not prohibit the existence of manual or automatic extraction devices in fixed installations of large dimensions.                   1.6.2.4. If the supply of the liquid is so arranged that, whatever the conditions of use, no gas or air can form in or penetrate into the reception pipework upstream of the meter during measurement, no gas elimination device is required, provided that any gaseous formation liable to occur during non-flow periods does not cause a specific error in excess of 1 % of the minimum delivery.                                  1.6.3. Non-pumped flow          1.6.3.1. In cases where the meter is supplied by gravity, without use of a pump, if the pressure of the liquid in all parts of the pipework upstream of the meter and in the meter itself is greater than the saturated vapour pressure and atmospheric pressure, a gas eliminator shall not be necessary. However, after the measuring system has been put into service, an arrangement is required to ensure that it remains correctly filled.                   1.6.3.2. If the pressure of the liquid is likely to be less than atmospheric pressure while remaining greater than the saturated vapour pressure, the introduction of air into the meter shall be prevented by means of an appropriate device.                   1.6.3.3. Where the meter is supplied under gas pressure, the entry of gas into the meter shall be prevented by means of an appropriate device.                   1.6.3.4. In all circumstances the pressure of the liquid between the meter and the point of transfer shall be higher than the saturated vapour pressure of the liquid.                                  1.6.4. Gas removal  The gas removal pipe of a gas eliminator shall not include a manually controlled valve if closure of this valve prevents the operation of the gas eliminator. If, however, a closing device of this kind is required for safety reasons, it must be possible to ensure its maintenance in the open position by means of a sealing device.               1.6.5. Anti-swirl device  If it is intended as a general rule that the supply tank of a measuring system be completely emptied, the outlet orifice of the tank shall be provided with an anti-swirl device, except where the system incorporates a gas separator.               1.6.6. Viscous liquid  As the effectiveness of gas separators and gas extractors decreases with an increase in the viscosity of the liquid, these devices need not be fitted in the case of liquids with a dynamic viscosity of more than 20 mPa 7s at 20 ºC. The pump shall be so arranged that the inlet pressure is always greater than the atmospheric pressure. If this condition is unlikely to be fulfilled on all occasions, a device shall be fitted to stop the flow of the liquid automatically as soon as the inlet pressure falls below the atmospheric pressure. A manometer shall be used to monitor this pressure. These conditions are not necessary if the measuring system incorporates devices ensuring that no air can be introduced through the joints in the sections of pipework subjected to reduced pressure.  When the measuring system is not in use, the pipework shall be kept full of liquid up to the point of transfer.                            1.7. Gas indicator        1.7.1. Measuring systems may be fitted with a gas indicator. Such devices may be made mandatory in the cases specified in section 2.               1.7.2. The gas indicator shall be so designed as to provide a satisfactory indication of the presence of gas or air in the liquid.               1.7.3. The gas indicator shall be installed downstream of the meter.               1.7.4. In empty-hose measuring systems the gas indicator may take the form of a weir-type sight-glass and may also be used as a point of transfer.               1.7.5. The gas indicator may be provided with a bleed screw or some other blow-off device when it forms a high point in the pipework. No pipe shall be connected to the blow-off device. Flow indicators (e.g. spinners) may be incorporated in the gas indicator, provided that such devices do not prevent any gaseous formations which may be present in the liquid from being visible.                          1.8. Complete filling of the measuring system        1.8.1. The meter and the pipework from the meter to the point of transfer shall automatically be kept full of liquid during the measuring operation and when the system is not in use.  If this condition is not fulfilled, particularly in cases where the installation is fixed, it must be possible for the complete filling of the measuring system up to the point of transfer to be effected manually and monitored during measurement, and when the system is not being used. To ensure the complete elimination of air and gas from the measuring system, blow-off devices, if possible with small windows, shall be placed at appropriate positions.               1.8.2. The pipework between the meter and the point of transfer shall not, in general, by variations in temperature, induce additional errors of more than 1 % of the minimum delivery.  Section 2 shall specify the technical conditions to be fulfilled in certain special cases in order that this requirement may be met.               1.8.3. If necessary, a pressure maintaining device shall be installed downstream of the meter to ensure that the pressure in the gas eliminators and in the meter is always greater than the atmospheric pressure and the saturated vapour pressure of the liquid.               1.8.4. Measuring systems in which there is a possibility of the liquid flowing in the direction opposite to that of normal flow when the pump has stopped, shall be provided with a non-return valve, fitted with a pressure-limiting device if necessary.               1.8.5. In empty-hose measuring systems the pipework downstream from the meter and, if necessary; the pipework upstream of the meter shall have a high point so that all parts of the measuring systems remain constantly filled. Draining of the delivery hose referred to in 1.4.2.1 shall be assured by an air vent. In certain cases this air vent may be replaced by special devices such as an auxiliary pump or a compressed-gas injector. In measuring systems designed for minimum deliveries of less than 10 m3, such devices shall operate automatically.               1.8.6. In full-hose measuring systems the free end of the hose shall incorporate a device to ensure that the hose cannot be emptied during periods when the system is not used. This requirement need not apply to liquefied gas.  When a closing device is placed downstream of this device, the volume of the space between them shall be as small as possible and in any case less than the maximum permissible error for the minimum delivery of the measuring system.   In the case of systems intended for measuring viscous liquids, the end of the nozzle shall be so designed that it cannot retain a quantity of liquid exceeding 0 74 times the maximum permissible error for the minimum delivery of the measuring system.               1.8.7. If the hose comprises several components, these shall be assembled either by means of a special connector to keep the hose full or by a connection system which is either sealed or ensures that the components are virtually impossible to separate without a special tool.                          1.9. Variation of internal volume of full hoses  In the case of full hoses in a measuring system provided with a hose reel, the increase in internal volume due to the change from the coiled position, when not subjected to pressure, to the uncoiled position, when subjected to pressure without any flow of liquid, shall not be more than twice the maximum permissible error for the minimum delivery.  If the measuring system is not provided with a hose reel, the internal volume increase shall not exceed the maximum permissible error for the minimum delivery.           1.10. Branches        1.10.1. In measuring systems which are intended to deliver liquids, branches downstream of the meter shall only be permitted if they are so arranged as to ensure that the liquid is discharged from a single outlet at a time. In measuring systems intended to receive liquids, branches upstream of the meter are permitted only if they are so arranged that the intake of liquid is effected through a single pipe at a time.  Departures from these requirements may only be approved in the case of delivery systems which are specifically installed to supply only one user at a time, and receiving systems which cannot operate for more than one supplier at a time.               1.10.2. In measuring systems operating either with an empty hose or a full hose and having flexible pipes, a non-return valve shall if necessary be incorporated in the rigid pipework leading to the full hose immediately downstream from the selector valve. In addition the selector valve shall not in any position permit connection of the discharge hose, operating as an empty hose, to the pipework leading to the full hose.                          1.11. By-passes  Any connections intended for by-passing the meter shall be closed by means of blanking flanges. However, if the operating requirements make such a by-pass necessary, it shall be closed either by means of a closing disc or by means of a double closing device with a monitoring valve in-between. It must be possible to ensure closure by means of seals.           1.12. Valves and control mechanisms        1.12.1. If there is a risk that the supply conditions might lead to the meter becoming overloaded, a flow-limiting device shall be provided. This device shall be placed downstream of the meter if it causes a pressure loss. It must be possible to seal it.               1.12.2. The various positions for the operating components of multi-way valves shall be easily visible and located by notches, stops or other fixing devices. Departures from this requirement are permissible whenever the adjacent positions of the operating handle form an angle of 90º or over.               1.12.3. Retaining valves and closure mechanisms not used to define the quantity measured must, if necessary, have relief valves in order to dissipate any abnormally high pressures which may arise in the measuring system.                           1.13. Layout of measuring systems  Measuring systems shall be installed in such a manner that the indicating device is clearly visible under normal conditions of use. The indicating device and, if present, the gas indicator of the gas separator shall as far as possible be observable from one position. Sealing devices shall be easily accessible, plates shall be fixed irremovably and the statutory markings shall be clearly legible and indelible.           1.14. On-site verification devices  Verification of the installation, as provided for in 3.2 shall be possible. If necessary, pipework shall be provided to return the measured liquid to a storage tank. The installation shall, as necessary, be equipped with temperature and pressure tappings, especially when the operation or testing of the measuring systems requires a knowledge of these factors.           1.15. Characteristics of a measuring system  The characteristics of a measuring system are as follows:        - maximum and minimum flowrates,               - maximum operating pressure,               - if necessary, minimum operating pressure,               - the liquid or liquids to be measured and the limits of viscosity, kinematic or dynamic, where an indication of the nature of the liquids alone is not sufficient to determine their viscosity,               - minimum delivery,               - the temperature range in the case where the liquid can be measured at a temperature below - 10 ºC or above + 50 ºC.                          1.16. Markings A measuring system, component or sub-assembly which has been granted pattern approval must carry, in a legible and indelible manner, either on the dial of the indicating mechanism or on a special descriptive plate, the following information:        (a) the EEC pattern approval sign;               (b) the identification mark or name of the manufacturer;               (c) the manufacturer's designation, if any;               (d) the serial number and year of manufacture;               (e) the characteristics of the measuring system as defined in 1.15;               (f) any supplementary information specified in the pattern approval certificate.                 If several meters operate in a single system with the use of common components, the markings required for each part of the system may be combined on a single plate.  The markings on the dial of the indicating mechanism of the meter forming part of the measuring system must not contradict those on the descriptive plate of the measuring system.  If the measuring system can be transported without being dismantled the markings for each part may also be combined on a single plate.            1.17. Seals  Sealing shall preferably be carried out by lead stamping. However, certain seals applied with pincers shall be permitted on fragile instruments or where such seals are sufficiently protected against any danger of accidental breakage.   Seals must in all cases be easily accessible.  Sealing devices shall be provided on all parts of measuring systems which cannot be protected in any other way against operations which might affect accuracy of measurement. However, sealing devices need not be provided on connections which can only be dismantled by means of a tool.  The sealing devices shall be so designed as to enable the EEC partial initial verification mark to be affixed.  It shall be possible to seal the stamping-plate referred to in 3.3.2.1 of Annex II to Directive 71/316/EEC to a support of the measuring system. It may be combined with the descriptive plate on the measuring system referred to in 1.16.  In the case of a measuring system used for potable liquids, the seals shall not be affixed, so that the system can be dismantled for the purposes of cleaning.           2. SPECIAL REQUIREMENTS FOR DIFFERENT TYPES OF MEASURING SYSTEMS     2.1. Liquid-fuel measuring systems (1)      2.1.1. Liquid-fuel measuring systems are measuring systems intended for the delivery of liquid fuel into the fuel tanks of road vehicles.  Measuring systems used for refuelling pleasure boats and small aircraft with liquid fuel shall be treated as liquid-fuel measuring systems.  They may include their own supply arrangement or be designed for installation in a central supply system.  The ratio between the maximum and minimum flowrates of these systems shall be at least 10 : 1.           2.1.2. Where the measuring system has its own supply arrangement, a gas separator shall, if possible, be installed immediately upstream of the meter inlet.  This gas separator shall meet the requirements of 1.6.2.1.4 or 1.6.2.1.5 (2).  In this latter case, no blow-off device as referred to in 1.7.5 shall be permitted.           2.1.3. Where the measuring system is designed for installation in a central supply system or for refuelling at a distance, the general rules of 1.6 shall be applied.           2.1.4. Liquid-fuel measuring systems shall be fitted with a device for resetting the volume indicator to zero in accordance with 1.1, 1.2, 1.3 and 1.5 of the Annex to Directive 71/348/EEC, as well as a volume totalizer.  Where these systems also incorporate a price indicator, the indicator shall be fitted with a device for resetting it to zero.  Devices for resetting the price indicator and volume indicator to zero shall be incorporated in such a way that the resetting of either of these indicators to zero automatically resets the other to zero.   (1)Additional provisions will be added later concerning liquid-fuel measuring systems incorporating:  -  motor-fuel blending meters,  - motor-fuel and lubricant blending meters,  - electric or electronic indicators and ancillary devices,  - self-service devices, and  - measuring systems intended for the supply of liquefied gas.   (2)In the case of separators which comply with 1.6.2.1.5. experience shows that the requirement is generally met if the effective volume of the separator is at least 5 % of the volume supplied in one minute at the maximum flowrate indicated on the meter plate.        2.1.5. Where the liquid-fuel measuring system has its own supply arrangement operated by an electric motor, a device shall be fitted which, after the motor has stopped, prevents any further delivery of the liquid until the indicator has been reset to zero.  Under no circumstances shall resetting to zero be possible during delivery.           2.1.6. The non-return device referred to in 1.8.4 shall be mandatory. It shall be installed between the gas eliminator and the meter. However it may be placed immediately downstream of the meter if the gas eliminator is installed above the level of the meter. In this case, it may be combined with the device provided for in 1.8.3. Where the non-return device is installed between the gas eliminator and the meter, the resulting pressure loss must be low enough to be considered negligible.           2.1.7. The hoses on full-hose measuring systems shall incorporate a manual closure mechanism which meets the requirements of 1.8.6. An automatic closure mechanism may also be incorporated.  Full-hose measuring systems supplied solely by means of a hand-operated pump, need only incorporate the closure mechanism referred to in 1.8.6.           2.1.8. Measuring systems with a maximum flowrate of 60 litres/minute or less must have a minimum delivery not exceeding five litres.           2.1.9. Where the meter is fitted with a ticket-printer, the ticket-printing device must be connected to the device which resets the volume indicator to zero. This arrangement must enable the ticket to be checked after printing by comparison with the indication shown.      2.1.10. In accordance with 3.2, initial verification of liquid-fuel measuring systems shall be carried out in one or two stages depending on whether or not they have their own supply system.       2.2.   >PIC FILE= "T0011037">        2.2.1. The requirements of 2.2 shall apply to measuring systems fitted to road tankers or transportable tanks.  Measuring systems may be installed on road tankers containing one or more compartments, in which case each compartment shall be fitted with its own closure valve (manual or automatic).               2.2.2. In accordance with national rules on use, if any, each measuring system shall be used for a specified product or for a category of products for which the meter has been granted EEC pattern approval.  The pipework shall be so designed that the mixing of products in the measuring system is easily prevented.               2.2.3. Where tanks are fitted to trailers or semi-trailers, the measuring systems may be affixed either to the tractor or to the trailer or semi-trailer.               2.2.4. A measuring system fitted to a road tanker may be of the empty-hose or full-hose type. It may also have either one empty hose and one full hose or two full hoses of different dimensions arranged so as to operate alternately.  Change-over shall not be possible during a measuring operation.               2.2.5. Where the meter is fitted with a ticket-printer, the printing of the ticket shall be coupled with the resetting to zero of the volume indicator.               2.2.6. A measuring system fitted to a road tanker may be designed to operate solely by pump, solely by gravity, either by pump or by gravity, or by gas pressure.           2.2.6.1. Measuring systems supplied solely by pump may operate as full-hose or as empty-hose systems.          2.2.6.1.1. If there is a risk that the condition in 1.6.2.4 may not be met, the meter shall be preceded by a gas eliminator such as:            (a) a suitable gas separator, which shall meet the requirements of 1.6.2.1.4 or 1.6.2.1.5 (1);                       (b) a gas extractor;                       (c) a special gas extractor.                         Where the meter outlet pressure in the measuring system may fall below the atmospheric pressure but remain higher than the saturated vapour pressure of the liquid measured, these devices shall be combined with an automatic mechanism to slow down and stop the flow, in order to prevent any air passing into the meter.  If there is no risk of the meter outlet-pressure falling below the atmospheric pressure (which is the case, in particular, with systems operating only on full-hose) automatic mechanisms to slow down and stop the flow shall not be required.          2.2.6.1.2. The special gas extractor with an automatic stop device shall be fitted with a sight-glass in accordance with 1.1.8.                   2.2.6.1.3. The compartments in road tankers shall be fitted with an anti-swirl device, except where the measuring system has a gas separator conforming to the requirements of 1.6.2.1.4.                            2.2.6.2. Measuring systems operating solely by gravity shall meet the following requirements:          2.2.6.2.1. The equipment shall be so designed that the total content of the compartment or compartments can be measured at a flowrate greater than or equal to the minimum flowrate through the measuring system.                   2.2.6.2.2. If there are links with the gas phase in the tank, appropriate devices shall prevent any gas from entering the meter.                   2.2.6.2.3. The compartments of the tank shall be fitted with an anti-swirl device.                   2.2.6.2.4. The requirements of 1.6.3.1, 1.6.3.2 and 1.6.3.4 shall apply. An accelerating pump may be used downstream of the point of transfer if the foregoing conditions are satisfied. Such a pump shall not allow any drop in pressure in the meter.                   2.2.6.2.5. In some measuring systems, particularly those having a special gas extractor with an automatic stop device and those having a permanent venting communication with the atmosphere immediately downstream of the point of transfer, a gas indicator shall not be required. However, in measuring systems with a manual air-vent immediately downstream of the point of transfer, a gas indicator shall be mandatory except in systems where the pressure may not fall below atmospheric pressure.                            2.2.6.3. Measuring systems which can operate either by pump or by gravity shall satisfy the requirements of 2.2.6.1 and 2.2.6.2.               2.2.6.4. Measuring systems fed by means of gas pressure may operate as empty-hose or as full-hose systems. The pipework linking the device to prevent gas entering the meter, as specified in 1.6.3.3, and the meter itself, shall not incorporate any constriction or component likely to cause a pressure loss which generates gaseous formation by releasing the gas dissolved in the liquid.  Such systems shall incorporate a manometer which indicates the pressure inside the tank. The zone of permissible pressures shall be shown on the dial of the manometer.  (1)In the case of separators which comply with 1.6.2.1.5, experience shows that the requirement is generally met if the effective volume of the separator is at least 5 % of the volume supplied, in one minute at the maximum flowrate of the measuring system.                               2.3. Reception measuring systems for the unloading of marine, rail and road tankers          2.3.1. Measuring systems designed to measure the volume of liquids unloaded from marine, rail and road tankers shall incorporate an intermediate tank in which the level of the liquid determines the point of transfer.  This intermediate tank may be designed to deal with gas elimination.          2.3.1.1. In the case of road and rail tankers, the intermediate tank shall automatically maintain a constant level which is visible or otherwise detectable at the start and on completion of the measuring operation. The permissible variations in the constant level shall correspond to a volume of no more than the maximum permissible error for the minimum reception.                   2.3.1.2. In the case of marine tankers, provision for automatic maintenance of a constant level shall not be necessary ; if no such provision is made, the variations in the content shall be measurable.  If the marine tanker is emptied by pumps located in the bottom of the tanker, the intermediate tank need only be used at the beginning and end of reception.                   2.3.1.3. In the two cases referred to in 2.3.1.1 and 2.3.1.2, the cross-section of the intermediate tank shall be such that a quantity equal to the maximum permissible error for the minimum reception corresponds to a difference in level of at least 2 mm.                                 2.4. Measuring systems, whether stationary or fitted to road tankers, for the measuring of pressurized liquefied gas (excluding cryogenic liquids)          2.4.1. There shall be a permanent link along rigid pipework between these measuring systems and their feed tanks. A non-return valve shall be fitted between the feed tanks and the meter.                   2.4.2. A pressure maintenance device located downstream of the meter shall ensure that the product is in a liquid state inside the meter during the measuring process. The required pressure may be maintained either at a fixed value or at a value adjusted to suit measurement conditions.            2.4.2.1. If the pressure is maintained at a fixed value, that value shall be at least equal to the vapour pressure of the product at a temperature 15 ºC higher than the highest possible in-service temperature. It shall be possible to seal the setting of the pressure maintenance device.                       2.4.2.2. Where the pressure is adjusted to suit measurement conditions, it shall exceed the vapour pressure of the liquid by at least 100 kPa (1 bar) during measurement. This function shall be automatic.                       2.4.2.3. In the case of stationary measuring systems for industrial use, the competent metrology service may authorize the use of manually adjustable pressure maintenance devices, in which case the pressure at the meter outlet shall not be less than the vapour pressure of the product at a temperature 15 ºC above the temperature of the liquid during measurement. A diagram shall be affixed to the measuring system to show the vapour pressure of the product measured as a function of its temperature. If it is anticipated that these measuring systems may have to operate unsupervised for long periods, the temperature and pressure shall be registered continuously by recording equipment.                                          2.4.3. A gas-elimination device shall be provided upstream of the meter consisting of either a gas separator or a condenser tray.            2.4.3.1. The gas separator shall satisfy the general requirements laid down in section 1 for either the liquefied gas itself or for a liquid of greater viscosity.  However, because of the difficulty of verification, it is permissible for a gas separator to be approved if its effective volume is not less than 1 75 % of the volume delivered in one minute at maximum flowrate in cases where the pipe connecting the meter to the storage tank is not more than 25 m long. If it exceeds 25 m in length, the effective volume of the gas separator shall be not less than 3 % of the volume delivered in one minute at maximum flowrate.   It shall not be necessary to fit either a gas indicator or a sight-glass to liquefied gas measuring systems.  The gas-evacuation pipe may be connected to the space containing the gas phase in the feed tank or to a self-contained pressure maintenance device set at a pressure 50 to 100 kPa (0 75 to 1 bar) below the pressure at the meter outlet. This pipe may incorporate a shut-off valve, but it must not be possible to close this valve during the measuring process.  2.4.3.2.  >PIC FILE= "T0011041">  The condenser tray shall be fitted with a manually operated blow-off device.  In a measuring system, the condenser tray shall be located at the highest point in the pipework.  The volume calculated by the foregoing method may be spread over several condenser trays located at the highest points in the pipework.                              2.4.4. A thermowell shall be provided in the immediate vicinity of the meter. The thermometer used shall have a scale interval not exceeding 0 75 ºC and shall be verified.  A manometer shall be fitted between the meter and the pressure maintenance valve.  For measuring systems incorporated in road tankers, a manometer socket shall be adequate.                   2.4.5. Where the measuring process is carried out on a system fitted to a road tanker, there shall be no connection between the gas phases in the supply tank and the reception tank.                   2.4.6. Safety valves may be incorporated into measuring systems for the purpose of preventing abnormally high pressure. If these valves are located downstream of the meter, they shall open into the atmosphere or be connected to the reception tank.  Under no circumstances shall the safety valves located upstream of the meter be connected by piping which by-passes the meter to the valves located downstream.                   2.4.7. If operating conditions necessitate the use of detachable hoses, the hoses shall remain full if their volume is greater than the maximum permissible error for the minimum delivery.  Detachable full hoses shall be equipped with special "coupler" connections for full hoses. Manual blow-off devices shall be provided, if necessary, at the ends of these hoses.                   2.4.8. The monitoring valve of the double closing device specified in 1.11 for any pipework by-passing the meter must be capable of being shut off for safety reasons. In such cases, a manometer fitted between the two shut-off valves or any other equivalent system shall monitor any leakages.                     2.5. Measuring systems for milk          2.5.1. The requirements of 2.5 shall apply to portable measuring systems used to monitor the reception of milk by collecting tankers, to fixed measuring systems used for reception and to portable or fixed measuring systems used for the delivery of milk.                    2.5.2. In reception equipment, the point of transfer shall consist of a constant level in a tank located upstream from the meter. This constant level shall be visible before and after each measuring operation, and shall be automatically re-established.            2.5.2.1. Where the meter is supplied by a pump, the constant-level tank may be installed before the pump or between the pump and the meter.              2.5.2.1.1. In the first case the tank may itself be supplied by gravity, by the emptying of chums, or with the aid of an auxiliary pump or vacuum system.  If the milk is delivered into the tank with the aid of a pump or a vacuum system, a gas eliminator shall be necessary ; this eliminator may be combined with the constant-level tank.                           2.5.2.1.2. In the second case, the constant-level tank shall act as a gas eliminator.                                                  2.5.2.2. Notwithstanding the requirements of 1.8.3, the meter may function with the aid of a vacuum system. In this case, since the pressure inside the pipework between the constant-level tank and the meter is lower than atmospheric pressure, the pipework connections must be perfectly leak-tight. It must be possible to check this tightness.                       2.5.2.3. In all cases of reception, the pipework upstream of the constant level must be completely emptied by an automatic mechanism under usual operating conditions.                       2.5.2.4. The constant level shall be monitored by means of a sight-glass or level indicator. The level will be regarded as constant when it settles within a zone lying between two lines corresponding to a difference in volume of not more than twice the maximum permissible error on minimum delivery. The distance between the two lines must be at least 15 mm.                       2.5.2.5. If, to meet the requirement of 2.5.2.4, decelerating mechanisms are incorporated in the measuring system, the flowrate during the decelerating period must not descend below the minimum flowrate of the meter.                       2.5.2.6. If, in reception equipment, the liquid measured is conveyed at a level lower than that of the meter, an automatic mechanism shall ensure a pressure higher than atmospheric pressure at the meter outlet.                                          2.5.3. Measuring systems used for the delivery of milk shall meet the requirements of section 1.                   2.5.4. Notwithstanding the general requirements of section 1 regarding the elimination of air or gas, gas elimination equipment shall meet the requirements of 1.6.1 under operating conditions only, i.e. when air enters at the beginning and end of each measuring operation.  For reception equipment, the user shall be able to ascertain the leak-tightness of the connections so that no air may enter upstream of the meter during measuring. For delivery equipment, the system shall be assembled so that the liquid pressure in the connecting pipes running from the supply tank is always positive.                          3. EEC PATTERN APPROVAL AND EEC INITIAL VERIFICATION       3.1. EEC pattern approval        3.1.1. The following systems shall be subject to EEC pattern approval:          - liquid-fuel measuring systems, referred to in 2.1. When such systems are designed for installation in a central supply system, the pattern approval certificate shall be accompanied by one or more specimen drawings showing the conditions for assembly at the place of use,  >PIC FILE= "T0011038">                    - pressurized liquefied-gas measuring systems fitted to road tankers, referred to in 2.4,                   - measuring systems for the reception of milk, referred to in 2.5.                                  3.1.2. Tests        3.1.2.1. In the execution of the tests, working standards and their use shall be determined in such a way that the measuring inaccuracy of the calibration method does not exceed one-fifth of the maximum permissible error for the measuring system under examination.               3.1.2.2. Meter test  It is first necessary to determine the curve of errors as a function of flowrate, using a sufficiently large number of measuring points between the minimum and maximum flowrates. It is necessary to verify in particular the width of the range of errors of the meter in the zone ; the position of the error curve in relation to the zero line is of lesser importance.  It may also be necessary to carry out tests beyond the permitted flowrate limits.  Tests must also be carried out as far as possible at the operational limits, i.e. for the maximum and minimum temperatures and viscosities specified and for minimum delivery.  Except in the case of tests for minimum delivery, the test volume shall be selected so as to be large enough to ensure that the value of the scale of the indicator is never greater than one-third of the maximum permissible error.  Where EEC pattern approval has already been granted in respect of the meter and its ancillary equipment, it is necessary to verify whether the characteristics of the meter and of the measuring system are sufficiently compatible. If so, the meter need not be submitted to further tests, but the minimum delivery of the measuring system must be determined in accordance with 4.2 of Chapter I of the Annex to Directive 71/319/EEC.  Should the characteristics of the meter not be compatible with those of the measuring system, or should no EEC pattern approval have been granted in respect of the meter (and its ancillary equipment), the entire measuring system must be tested in accordance with this Directive and with Directives 71/319/EEC and 71/348/EEC.               3.1.2.3. Tests for air or gas elimination  The tests must show that the air or gas elimination equipment meets the requirements of 1.6.2.1.4, 1.6.2.1.5 and 1.6.2.2.4.  Where gas separators and special gas extractors are fitted ; continuous elimination shall be checked by comparison of the measurement results of a suitable volumetric meter inserted downstream of the separator (special extractor) with and without the addition of air or gas.  Where special extractors are fitted, it is also necessary to test for the complete emptying of the tank. If possible, the tests should be carried out with the least favourable liquid. In tests on mock-ups or models on a different scale from the actual equipment, account shall be taken of the laws of similarity concerning viscosity (Reynolds), gravity (Froude) and surface tension (Weber). As a general rule tests on models shall only be carried out where justified.               3.1.2.4. Tests on special measuring systems.          3.1.2.4.1. Liquid-fuel measuring systems.  The tests shall comprise:            (a) checking of the meter, checking of ancillary equipment and determination of the influence of such equipment (price indicator, printer, presetting device, etc.);                        (b) checking of the gas eliminator;                       (c) checking of the constancy of the volume of the hose;                       (d) a special check to verify regular advance of the price indicator (irregular advance may be induced in the first component of the price indicator by sudden closing of the delivery valve).                                          3.1.2.4.2. Liquefied gas measuring systems. The examination shall comprise:          (a) verification from drawings of the efficiency range and the design of gas separators;                   (b) an operating test on the gas eliminator (level regulator), which may be incorporated in the gas separator.                     The pressure maintenance device shall also be verified on the drawing. A model test may possibly be required in special cases by the inspection authority.                                        3.2. EEC initial verification      3.2.1. General        3.2.1.1. EEC initial verification of measuring systems may be carried out in one or two stages.        3.2.1.1.1. It shall be carried out in one stage when the system is entirely manufactured by a single manufacturer, can be transported without being dismantled and when it is verified under the conditions in which it is intended to be operated.               3.2.1.1.2. It shall be carried out in two stages in all other cases.  The first stage concerns the meter only or the meter fitted with any ancillary equipment which must be associated with it, whether or not incorporated in a sub-assembly.  The first-stage tests may be carried out on a test bench (possibly in the manufacturer's factory) or on the installed measuring system. At this stage, the metrological examinations may be carried out with liquids other than those for which the system is intended.  The second stage concerns the measuring system under actual operating conditions. This shall be carried out at the place of installation, under operating conditions, and with the liquid for which the system is intended.  However, the second stage may be carried out in a place selected by the metrology service concerned when the measuring systems can be transported without being dismantled and the tests can be carried out under the conditions in which the measuring system is intended to be operated.                               3.2.2. Tests        3.2.2.1. When EEC initial verification is carried out in one stage, all the tests referred to in 3.2.2.2 must be performed.               3.2.2.2. When the tests are carried out in two stages:  The first stage shall consist of:        - an examination of the conformity of the meter, including any ancillary equipment (conformity to the respective patterns),               - a metrological examination of the meter, including built-in ancillary equipment.          The second stage shall consist of:        - an examination of the conformity of the measuring system, including the meter and ancillary equipment,                - a metrological examination of the meter and ancillary equipment in the measuring system,               - an operating test on the gas eliminator, if fitted ; it shall not be necessary to check whether the maximum permissible errors for this device as provided for in 1.6 have been exceeded,               - inspection of the adjustment of the required pressure maintenance devices,               - verification of variations in the internal volume of hoses in full-hose systems,               - determination of residual quantities in empty-hose systems.


Avis juridique important

|

32002L0042

Commission Directive 2002/42/EC of 17 May 2002 amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues (bentazone and pyridate) in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables (Text with EEA relevance)

Official Journal L 134 , 22/05/2002 P. 0029 - 0036

Commission Directive 2002/42/ECof 17 May 2002amending the Annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC as regards the fixing of maximum levels for pesticide residues (bentazone and pyridate) in and on cereals, foodstuffs of animal origin and certain products of plant origin, including fruit and vegetables(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals(1), as last amended by Commission Directive 2002/23/EC(2), and in particular Article 10 thereof,Having regard to Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin(3), as last amended by Directive 2002/23/EC, and in particular Article 10 thereof,Having regard to Council Directive 90/642/EEC of 27 November 1990 on fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables(4), as last amended by Directive 2002/23/EC, and in particular Article 7 thereof,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(5), as last amended by Commission Directive 2002/37/EC(6), and in particular Article 4(1)(f) thereof,Whereas:(1) The existing active substances bentazone and pyridate were included in Annex I to Directive 91/414/EEC by Commission Directives 2000/68/EC(7) and 2001/21/EC(8), for use as a herbicide on cereals, vegetables and forage.(2) The inclusion in Annex I to Directive 91/414/EEC of the active substances concerned was based on the assessment of the information submitted concerning the proposed uses. Information relating to these uses has been submitted by certain Member States in accordance with Article 4(1)(f) of Directive 91/414/EEC. The information available has been reviewed and is sufficient to allow certain maximum residue levels (MRLs) to be fixed.(3) Where no Community MRL or provisional MRL exists, Member States are to establish a national provisional MRL in accordance with Article 4(1)(f) of Directive 91/414/EEC before plant protection products containing these active substances may be authorised.(4) With respect to the inclusion in Annex I to Directive 91/414/EEC of the active substances concerned, the related technical and scientific evaluations were finalised in the form of Commission review reports. The reports were finalised on 13 July 2000, in the case of bentazone and on 12 December 2000 in the case of pyridate. They fixed the acceptable daily intake (ADI) for bentazone at 0,1 mg/kg bw/day and for pyridate at 0,036 mg/kg bw/day. The lifetime exposure of consumers of food products treated with the active substances concerned has been assessed and evaluated in accordance with Community procedures. Account has also been taken of guidelines published by the World Health Organisation(9) and the opinion of the Scientific Committee for Plants(10) on the methodology employed. It is concluded that the MRLs proposed will not lead to those ADIs being exceeded.(5) No acute toxic effects requiring the setting of an acute reference dose were noted during the evaluations and discussions preceding the inclusion of pyridate in Annex I to Directive 91/414/EEC. The acute reference dose for bentazone was established at 0,25 mg/kg bw/day. According to the exposure assessment the MRLs proposed will not lead to an unacceptable acute exposure of consumers.(6) In order to ensure that the consumer is adequately protected from exposure to residues in or on products, for which no authorisation has been granted, it is prudent to set provisional MRLs at the lower limit of analytical determination for all such products covered by Directives 86/362/EEC, 86/363/EEC and 90/642/EEC.(7) The setting at Community level of such provisional MRLs does not prevent the Member States from establishing provisional MRLs for bentazone and pyridate in accordance with Article 4(1)(f) of Directive 91/414/EEC and Annex VI thereto. It is considered that a period of four years is sufficient to permit most further uses of the active substances concerned. The provisional MRL should then become definitive.(8) The Annexes to Directives 86/362/EEC, 86/363/EEC and 90/642/EEC should therefore be amended accordingly.(9) The Commission notified this Directive in draft form to the World Trade Organisation and no comments have been received. The possibility of fixing import tolerance MRLs for specific pesticide/crop combinations will be examined by the Commission on the basis of the acceptable data submitted.(10) This Directive is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1The following maximum pesticide residue levels are added to Part A of Annex II to Directive 86/362/EEC: ""Article 2The following maximum pesticide residue levels are added to Part B of Annex II to Directive 86/363/EEC: ""Article 3The maximum pesticide residue levels for bentazone and pyridate as shown in the Annex to this Directive are added to Annex II to Directive 90/642/EEC.Article 4Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2002 at the latest. They shall forthwith inform the Commission thereof.They shall apply these provisions with effect from 1 January 2003.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.Article 5This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.Article 6This Directive is addressed to the Member States.Done at Brussels, 17 May 2002.For the CommissionDavid ByrneMember of the Commission(1) OJ L 221, 7.8.1986, p. 37.(2) OJ L 64, 7.3.2002, p. 13.(3) OJ L 221, 7.8.1986, p. 43.(4) OJ L 350, 14.12.1990, p. 71.(5) OJ L 230, 19.8.1991, p. 1.(6) OJ L 117, 4.5.2002, p. 10.(7) OJ L 276, 28.10.2000, p. 41.(8) OJ L 69, 10.3.2001, p. 17.(9) Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).(10) Opinion of the Scientific Committee on Plants regarding questions relating to amending the annexes to Council Directives 86/362/EEC, 86/363/EEC and 90/642/EEC (Opinion expressed by the Scientific Committee on Plants, 14 July 1998) (http.//europa.eu.int/comm/food/fs/sc/out21_en.html).(11) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 4 years from date of coming into force of the Directive introducing this amendment.(12) Indicates lower limit of analytical determination.(13) Indicates provisional maximum residue level in accordance with Article 4(1)(f) of Directive 91/414/EEC: unless amended, this level will become definitive with effect from 4 years from date of coming into force of the Directive introducing this amendment.(14) Indicates lower limit of analytical determination.ANNEX>TABLE>


title: Commission Directive 2006/136/EC of 11 December 2006 amending Council Directive 91/414/EEC to include dinocap as active substance   (Text with EEA relevance)

text:
               12.12.2006

               EN

               Official Journal of the European Union

               L 349/42

      COMMISSION DIRECTIVE 2006/136/EC
   of 11 December 2006
   amending Council Directive 91/414/EEC to include dinocap as active substance
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (2) establishes a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes dinocap.

               (2)

               For dinocap, the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulation (EEC) No 3600/92 for a range of uses proposed by the notifier. By Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant protection products and designating the Rapporteur Member State for the implementation of Commission Regulation (EEC) No 3600/92 (3), as amended by Regulation (EC) No 491/95 of 3 March 1995 (4), Austria was designated as Rapporteur Member State. Austria submitted the relevant assessment report and recommendations to the Commission on 18 May 2000 in accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92.

               (3)

               The assessment report has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health.

               (4)

               As regards dinocap, two questions were submitted to the Scientific Panel on Plant Health, Plant Protection Products and their Residues of the European Food Safety Authority (the Scientific Panel). The first question concerned the relevance to humans of eye effects that have been observed in dogs and the second related to the appropriate value for dermal absorption that could be derived from the different studies that have been made available by the notifier. On the first question the Scientific Panel considered that there is not sufficient information to conclude that the eye effects in dogs would only be specific to that species and that more research on the mechanisms involved may be necessary. Consequently, it is concluded that these effects in dogs cannot be regarded to be irrelevant to humans. On the second question, the Scientific Panel (5) considered a value of 10 % dermal absorption to be appropriate for the purpose of the assessment. In both cases, the recommendations of the Scientific Panel have been taken into consideration in formulating this Directive and the relevant review report.

               (5)

               Articles 5(4) and 6(1) of Directive 91/414/EEC provide that inclusion of a substance in Annex I may be subject to restrictions and conditions. In this case, restrictions on the inclusion period and on the authorised crops are deemed necessary. The original measures presented to the Standing Committee on the Food Chain and Animal Health, proposed the restriction of the inclusion period to seven years, so that Member States would give priority to reviewing plant protection products already on the market containing dinocap. In order to avoid discrepancies in the high level of protection sought, the inclusion in Annex I to Directive 91/414/EEC was intended to be limited to the uses of dinocap that have been actually assessed within the Community evaluation and for which the proposed uses were considered to comply with the conditions of Directive 91/414/EEC. This implies that other uses, which were not or only partially covered by this assessment, had first to be subject to a complete assessment, before their inclusion in Annex I of Directive 91/414/EEC could be considered. Finally, due to the hazardous nature of dinocap, it was considered necessary to provide for a minimum harmonisation at Community level of certain risk mitigation measures that were to be applied by Member States when granting authorisations.

               (6)

               Under the procedures laid down by Directive 91/414/EEC, the approval of active substances, including the definition of risk management measures, is decided by the Commission. Member States bear the responsibility for the implementation, application and control of the measures intended to mitigate the risks generated by plant protection products. Concerns expressed by several Member States reflect their judgment that additional restrictions are necessary to reduce the risk to a level that can be considered acceptable and consistent with the high level of protection that is sought within the Community. At present, it is a question of risk management to set the adequate level of safety and protection for the continued production, commercialisation and use of dinocap.

               (7)

               As a consequence of the above, the Commission re-examined its position. In order to correctly reflect the high level of protection of human and animal health and a sustainable environment sought in the Community, it considered appropriate, in addition to the principles set out in recital 5, to further reduce the period of inclusion to three instead of seven years. This further reduces any risk by ensuring the need for a priority reassessment of this substance.

               (8)

               It may be expected that plant protection products containing dinocap satisfy the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, with regard to the uses which were examined and detailed in the Commission review report and providing that the necessary risk mitigation measures are applied.

               (9)

               Without prejudice to the conclusion that plant protection products containing dinocap may be expected to satisfy the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, it is appropriate to obtain further information on certain specific points. Member States should require authorisation holders to provide information on the use of dinocap including any information on incidences on operator health.

               (10)

               As with all substances included in Annex I to Directive 91/414/EEC, the status of dinocap could be reviewed pursuant to Article 5(5) of that Directive in the light of any new data becoming available. Equally, the fact that the inclusion of this substance in Annex I expires on a particular date does not prevent the inclusion being renewed according to the procedures laid down in the Directive.

               (11)

               The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Regulation (EEC) No 3600/92 has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

               (12)

               A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

               (13)

               Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing dinocap to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations. in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC. Given the hazardous properties of dinocap, the period for Member States to verify whether the plant protection products, which contain dinocap as the only active substances or in combination with other authorised active substances, comply with the provisions of Annex VI should not exceed three years.

               (14)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (15)

               The Standing Committee on the Food Chain and Animal Health did not deliver an opinion within the time limit laid down by its Chairman and the Commission therefore submitted to the Council a proposal relating to these measures. On the expiry of the period laid down in the second subparagraph of Article 19(2) of Directive 91/414/EEC, the Council had neither adopted the proposed implementing act nor indicated its opposition to the proposal for implementing measures and it is accordingly for the Commission to adopt these measures,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   Member States shall adopt and publish by 30 June 2007 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 July 2007.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   Article 3
   1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing dinocap as an active substance by 30 June 2007. By that date they shall in particular verify that the conditions in Annex I to that Directive relating to dinocap are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13.
   2.   By derogation from paragraph 1, for each authorised plant protection product containing dinocap, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning dinocap. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall for products containing dinocap, where necessary, amend or withdraw the authorisation by 31 December 2009.
   Article 4
   This Directive shall enter into force on 1 January 2007.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 11 December 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/85/EC (OJ L 293, 24.10.2006, p. 3).

      (2)  OJ L 366, 15.12.1992, p. 10. Regulation as last amended by Regulation (EC) No 2266/2000 (OJ L 259, 13.10.2000, p. 10).

      (3)  OJ L 107, 28.4.1994, p. 8. Regulation as last amended by Regulation (EC) No 2230/95 (OJ L 225, 22.9.1995, p. 1).

      (4)  OJ L 49, 4.3.1995, p. 50.

      (5)  Opinion of the Scientific Committee on Plant Health, Plant Protection Products and their Residues on a request from the Commission related to the evaluation of dinocap in the context of Council Directive 91/414/EEC (Question No EFSA-Q-2004-26, Opinion adopted on 30 June 2004).

      ANNEX
      The following entries shall be added at the end of the table in Annex I to Directive 91/414/EEC:

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘150

                     Dinocap
                     CAS No 39300-45-3 (for isomer mixture)
                     CIPAC No 98

                     2,6-dinitro-4-octylphenyl crotonates and 2,4-dinitro-6-octylphenyl crotonates in which octyl is a mixture of 1-methylheptyl, 1-ethylhexyl and 1-propylpentyl groups

                     920 g/kg

                     1 January 2007

                     31 December 2009

                     PART A
                     Only uses as fungicide on the following crop may be authorised:

                                 —

                                 wine grapes

                           at rates not exceeding 0,21 kg active substance per hectare per application.
                     The following uses must not be authorised:

                                 —

                                 air application,

                                 —

                                 knapsack and hand-held applications by amateur users,

                                 —

                                 home gardening.

                           Member States shall ensure that all appropriate risk mitigation measures are applied. Particular attention must be paid to the protection of:

                                 —

                                 aquatic organisms. An appropriate distance must be kept between treated areas and surface water bodies. This distance may depend on the application or not of drift reducing techniques or devices,

                                 —

                                 birds and mammals. Conditions of authorisation shall include risk mitigation measures, such as a judicious timing of the application and the selection of those formulations which, as a result of their physical presentation or the presence of agents that ensure an adequate avoidance, minimise the exposure of the concerned species,

                                 —

                                 operators, who must wear suitable protective clothing, in particular gloves, coveralls, rubber boots and face protection or safety glasses during mixing, loading, application and cleaning of the equipment, unless the exposure to the substance is adequately precluded by the design and construction of the equipment itself or by the mounting of specific protective components on such equipment,

                                 —

                                 workers, who must wear suitable protective clothing, in particular gloves, if they must enter a treated area before the specific re-entry period has expired. This re-entry period may not be less than 24 hours.

                           PART B
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on dinocap, and in particular Appendices I and II thereof, shall be taken into account.
                     Member States must ensure that the authorisation holders report at the latest on 31 December of each year on incidences of operator health problems. Member States may require that elements, such as sales data and a survey of use patterns, are provided so that a realistic picture of the use conditions and the possible toxicological impact of dinocap can be obtained.’

         (1)  Further details on identity and specification of active substance are provided in the review report.


Avis juridique important

|

31991L0533

Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship

Official Journal L 288 , 18/10/1991 P. 0032 - 0035 Finnish special edition: Chapter 5 Volume 5 P. 0097  Swedish special edition: Chapter 5 Volume 5 P. 0097

COUNCIL DIRECTIVE  of 14 October 1991  on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship  (91/533/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 the development, in the Member States, of new forms of work has led to an increase in the number of types of employment relationship;  Whereas, faced with this development, certain Member States have considered it necessary to subject employment relationships to formal requirements; whereas these provisions are designed to provide employees with improved protection against possible  infringements of their rights and to create greater transparency on the labour market;  Whereas the relevant legislation of the Member States differs considerably on such fundamental points as the requirement to inform employees in writing of the main terms of the contract or employment relationship;  Whereas differences in the legislation of Member States may have a direct effect on the operation of the common market;  Whereas Article 117 of the Treaty provides for the Member States to agree upon the need to promote improved working conditions and an improved standard of living for workers, so as to make possible their harmonization while the improvement is being  maintained;  Whereas point 9 of the Community Charter of Fundamental Social Rights for Workers, adopted at the Strasbourg European Council on 9 December 1989 by the Heads of State and Government of 11 Member States, states:  'The conditions of employment of every worker of the European Community shall be stipulated in laws, a collective agreement or a contract of employment, according to arrangements applying in each country.';  Whereas it is necessary to establish at Community level the general requirement that every employee must be provided with a document containing information on the essential elements of his contract or employment relationship;  Whereas, in view of the need to maintain a certain degree of flexibility in employment relationships, Member States should be able to exclude certain limited cases of employment relationship from this Directive's scope of application;  Whereas the obligation to provide information may be met by means of a written contract, a letter of appointment or one or more other documents or, if they are lacking, a written statement signed by the employer;  Whereas, in the case of expatriation of the employee, the latter must, in addition to the main terms of his contract or employment relationship, be supplied with relevant information connected with his secondment;  Whereas, in order to protect the interests of employees with regard to obtaining a document, any change in the main terms of the contract or employment relationship must be communicated to them in writing;  Whereas it is necessary for Member States to guarantee that employees can claim the rights conferred on them by this Directive;  Whereas Member States are to adopt the laws, regulations and legislative provisions necessary to comply with this Directive or are to ensure that both sides of industry set up the necessary provisions by agreement, with Member States being obliged to  take the necessary steps enabling them at all times to guarantee the results imposed by this Directive,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Scope  1. This Directive shall apply to every paid employee having a contract or employment relationship defined by the law in force in a Member State and/or governed by the law in force in a Member State.  2. Member States may provide that this Directive shall not apply to employees having a contract or employment relationship:  (a) - with a total duration not exceeding one month, and/or  - with a working week not exceeding eight hours; or  (b) of a casual and/or specific nature provided, in these cases, that its non-application is justified by objective considerations.  Article 2  Obligation to provide information  1. An employer shall be obliged to notify an employee to whom this Directive applies, hereinafter referred to as 'the employee', of the essential aspects of the contract or employment relationship.  2. The information referred to in paragraph 1 shall cover at least the following:  (a) the identities of the parties;  (b) the place of work; where there is no fixed or main place of work, the principle that the employee is employed at various places and the registered place of business or, where appropriate, the domicile of the employer;  (c) (i) the title, grade, nature or category of the work for which the employee is employed; or  (ii) a brief specification or description of the work;  (d) the date of commencement of the contract or employment relationship;  (e) in the case of a temporary contract or employment relationship, the expected duration thereof;  (f) the amount of paid leave to which the employee is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave;  (g) the length of the periods of notice to be observed by the employer and the employee should their contract or employment relationship be terminated or, where this cannot be indicated when the information is given, the method for determining such  periods of notice;  (h) the initial basic amount, the other component elements and the frequency of payment of the remuneration to which the employee is entitled;  (i) the length of the employee's normal working day or week;  (j) where appropriate;  (i) the collective agreements governing the employee's conditions of work;  or  (ii) in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded.  3. The information referred to in paragraph 2 (f), (g), (h) and (i) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular  points.  Article 3  Means of information  1. The information referred to in Article 2 (2) may be given to the employee, not later than two months after the commencement of employment, in the form of:  (a) a written contract of employment; and/or  (b) a letter of engagement; and/or  (c) one or more other written documents, where one of these documents contains at least all the information referred to in Article 2 (2) (a), (b), (c), (d), (h) and (i).  2. Where none of the documents referred to in paragraph 1 is handed over to the employee within the prescribed period, the employer shall be obliged to give the employee, not later than two months after the commencement of employment, a written  declaration signed by the employer and containing at least the information referred to in Article 2 (2).  Where the document(s) referred to in paragraph 1 contain only part of the information required, the written declaration provided for in the first subparagraph of this paragraph shall cover the remaining information.  3. Where the contract or employment relationship comes to an end before expiry of a period of two months as from the date of the start of work, the information provided for in Article 2 and in this Article must be made available to the employee by the  end of this period at the latest.  Article 4  Expatriate employees  1. Where an employee is required to work in a country or countries other than the Member State whose law and/or practice governs the contract or employment relationship, the document(s) referred to in Article 3 must be  in his/her possession before his/her departure and must include at least the following additional information:  (a) the duration of the employment abroad;  (b) the currency to be used for the payment of remuneration;  (c) where appropriate, the benefits in cash or kind attendant on the employment abroad;  (d) where appropriate, the conditions governing the employee's repatriation.  2. The information referred to in paragraph 1 (b) and (c) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.  3. Paragraphs 1 and 2 shall not apply if the duration of the employment outside the country whose law and/or practice governs the contract or employment relationship is one month or less.  Article 5  Modification of aspects of the contract or employment relationship  1. Any change in the details referred to in Articles 2 (2) and 4 (1) must be the subject of a written document to be given by the employer to the employee at the earliest  opportunity and not later than one month after the date of entry into effect of the change in question.  2. The written document referred to in paragraph 1 shall not be compulsory in the event of a change in the laws, regulations and administrative or statutory provisions or collective agreements cited in the documents referred to in Article 3,  supplemented, where appropriate, pursuant to Article 4 (1).  Article 6  Form and proof of the existence of a contract or employment relationship and procedural rules  This Directive shall be without prejudice to national law and practice concerning:  - the form of the contract or employment relationship,  - proof as regards the existence and content of a contract or employment relationship,  - the relevant procedural rules.  Article 7  More favourable provisions  This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to employees or to encourage or permit the application of  agreements which are more favourable to employees.  Article 8  Defence of rights  1. Member States shall introduce into their national legal systems such measures as are necessary to enable all employees who consider themselves wronged by failure to comply with the obligations arising from this Directive  to pursue their claims by judicial process after possible recourse to other competent authorities.  2. Member States may provide that access to the means of redress referred to in paragraph 1 are subject to the notification of the employer by the employee and the failure by the employer to reply within 15 days of notification.  However, the formality of prior notification may in no case be required in the cases referred to in Article 4, neither for workers with a temporary contract or employment relationship, nor for employees not covered by a collective agreement or by  collective agreements relating to the employment relationship.  Article 9  Final provisions  1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 June 1993 or shall ensure by that date that the employers' and workers'  representatives introduce the required provisions by way of agreement, the Member States being obliged to take the necessary steps enabling them at all times to guarantee the results imposed by this Directive.  They shall forthwith inform the Commission thereof.  2. Member States shall take the necessary measures to ensure that, in the case of employment relationships in existence upon entry into force of the provisions that they adopt, the employer gives the employee, on request, within two months of receiving  that request; any of the documents referred to in Article 3, supplemented, where appropriate, pursuant to Article 4 (1).  3. When Member States adopt the measures referred to in paragraph 1, such measures 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 a  reference shall be laid down by the Member States.  4. Member States shall forthwith inform the Commission of the measures they take to implement this Directive.  Article 10  This Directive is addressed to the Member States. Done at Luxembourg, 14 October 1991. For the Council  The President  B. de VRIES   (1) OJ No C 24, 31. 1. 1991, p. 3. (2) OJ No C 240, 16. 9. 1991, p. 21. (3) OJ No C 159, 17. 6. 1991, p. 32.