title: Council Directive 2013/22/EU of 13 May 2013 adapting certain directives in the field of transport policy, by reason of the accession of the Republic of Croatia

text:
               10.6.2013

               EN

               Official Journal of the European Union

               L 158/356

         COUNCIL DIRECTIVE 2013/22/EU
   of 13 May 2013
   adapting certain directives in the field of transport policy, by reason of the accession of the Republic of Croatia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty of Accession of Croatia, and in particular Article 3(4) thereof,
   Having regard to the Act of Accession of Croatia, and in particular Article 50 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Pursuant to Article 50 of the Act of Accession of Croatia, where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in that Act of Accession or in the Annexes thereto, the Council, acting by qualified majority on a proposal from the Commission, shall, to this end, adopt the necessary acts, if the original act was not adopted by the Commission.

               (2)

               The Final Act of the Conference which drew up and adopted the Treaty of Accession of Croatia indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt those adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union.

               (3)

               Directives 91/672/EEC (1), 92/106/EEC (2), 1999/37/EC (3), 1999/62/EC (4), 2003/59/EC (5), 2006/87/EC (6) and 2006/126/EC (7) should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directives 91/672/EEC, 92/106/EEC, 1999/37/EC, 1999/62/EC, 2003/59/EC, 2006/87/EC and 2006/126/EC are amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish, by the date of accession of Croatia to the Union 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.
   They shall apply those provisions from the date of accession of the Croatia to the Union.
   When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force subject to and as from the date of the entry into force of the Treaty of Accession of Croatia.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 13 May 2013.

            For the Council

            The President

         S. COVENEY

      (1)  Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boatmasters’ certificates for the carriage of goods and passengers by inland waterway (OJ L 373, 31.12.1991, p. 29).

      (2)  Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38).

      (3)  Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).

      (4)  Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42).

      (5)  Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (OJ L 226, 10.9.2003, p. 4).

      (6)  Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels (OJ L 389, 30.12.2006, p. 1).

      (7)  Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ L 403, 30.12.2006, p. 18).

      ANNEX
      PART A

         ROAD TRANSPORT

                  1.

                  In Article 6(3) of Directive 92/106/EEC, the following is inserted in the list after the entry for France:

                              ‘—

                              Croatia:
                              godišnja naknada za uporabu javnih cesta koja se plaća pri registraciji motornih i priključnih vozila;’.

                  2.

                  Directive 1999/37/EC is amended as follows:

                              (a)

                              Annex I is amended as follows:

                                          (i)

                                          in the second indent of point II.4, the following is inserted in the list after the entry for France:

                                                      ‘HR

                                                      :

                                                      Croatia’;

                                          (ii)

                                          in point III.1.A(b), the following is inserted in the list after the entry for France:

                                                      ‘HR

                                                      Croatia’;

                              (b)

                              Annex II is amended as follows:

                                          (i)

                                          in the second indent of point II.4, the following is inserted in the list after the entry for France:

                                                      ‘HR

                                                      :

                                                      Croatia’;

                                          (ii)

                                          in point III.1.A(b), the following is inserted in the list after the entry for France:

                                                      ‘HR

                                                      Croatia’.

                  3.

                  In Article 3(1) of Directive 1999/62/EC, the following is inserted in the list after the entry for France:

                              ‘—

                                 Croatia:
                              godišnja naknada za uporabu javnih cesta koja se plaća pri registraciji motornih i priključnih vozila,’.

                  4.

                  Point 2 of Annex II to Directive 2003/59/EC is amended as follows:

                              (a)

                              in point (c) below the words ‘side 1 contains’, the following is inserted in the list after the entry for France:

                                          ‘HR

                                          :

                                          Croatia’;

                              (b)

                              in point (e) below the words ‘side 1 contains’, the following is inserted in the list after the entry ‘cárta cáilíochta tiomána’:
                              ‘kvalifikacijska kartica vozača’;

                              (c)

                              in point (b) below the words ‘side 2 contains’, the second subparagraph is replaced by the following:
                              ‘If a Member State wishes to word these entries in a national language other than one of the following languages: Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish, it shall draw up a bilingual version of the card using one of the abovementioned languages, without prejudice to the other provisions of this Annex.’.

                  5.

                  Point 3 of Annex I to Directive 2006/126/EC is amended as follows:

                              (a)

                              in point (c) below the words ‘Page 1 shall contain’, the following is inserted in the list after the entry for France:

                                          ‘HR

                                          :

                                          Croatia’;

                              (b)

                              in point (e) below the words ‘Page 1 shall contain’, the following is inserted in the list after the entry ‘Ceadúas Tiomána’:
                              ‘Vozačka dozvola’;

                              (c)

                              in point (b) below the words ‘Page 2 shall contain’, the second subparagraph is replaced by the following:
                              ‘If a Member State wishes to make the entries in a national language other than one of the following languages: Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish or Swedish, it will draw up a bilingual version of the licence using one of the aforementioned languages, without prejudice to the other provisions of this Annex.’.

            PART B

         TRANSPORT BY INLAND WATERWAY

                  1.

                  In Annex I to Directive 91/672/EEC, the following is added under the heading ‘GROUP B’:
                  ‘Republic of Croatia:

                              —

                              Svjedodžba o stručnoj osposobljenosti/Befähigungszeugnis
                              Zapovjednik - vrsta A/Schiffsführer – Klasse A
                              (Certificate of professional qualification – Boatmaster type A)

                              —

                              Svjedodžba o stručnoj osposobljenosti/Befähigungszeugnis
                              Zapovjednik - vrsta B/Schiffsführer – Klasse B
                              (Certificate of professional qualification – Boatmaster type B)
                              (in accordance with the Ordinance on the professional titles and qualifications of boatmen, Official Gazette No. 73/09)’.

                  2.

                  Directive 2006/87/EC is amended as follows:

                              (a)

                              Annex I is amended as follows:

                                          (i)

                                          in Chapter 2, Zone 3, the following is inserted after the entry for the French Republic:
                                          ‘Republic of Croatia
                                          Danube: from rkm 1 295 + 500 to rkm 1 433
                                          River Drava: from rkm 0 to rkm 198 + 600
                                          River Sava: from rkm 211 to rkm 594
                                          River Kupa: from rkm 0 to rkm 5 + 900
                                          River Una: from rkm 0 to rkm 15’;

                                          (ii)

                                          in Chapter 3, Zone 4, the following is inserted after the entry for the French Republic:
                                          ‘Republic of Croatia
                                          All other waterways not listed in Zone 3’;

                              (b)

                              in Part IV of Appendix VI to Annex II, the following is inserted in the list under Section 1 of point 1 after the entry for Ireland:
                              ‘25 for Croatia’;

                              (c)

                              Annex IX is amended as follows:

                                          (i)

                                          in Article 7(2) of Part I, the following is inserted in the list after the entry for Ireland:
                                          ‘25= Croatia’;

                                          (ii)

                                          in Article 1.06(2) of Part II, the following is inserted in the list after the entry for Ireland:
                                          ‘25= Croatia’;

                                          (iii)

                                          Part V is amended as follows:

                                                      —

                                                      the table under point 1 is replaced by the following:

                                                                     ‘Country

                                                                     Name

                                                                     Address

                                                                     Telephone number

                                                                     E-mail address

                                                                     Belgium

                                                                     Bulgaria

                                                                     Denmark

                                                                     Germany

                                                                     Estonia

                                                                     Finland

                                                                     France

                                                                     Greece

                                                                     Italy

                                                                     Ireland

                                                                     Croatia

                                                                     Latvia

                                                                     Lithuania

                                                                     Luxembourg

                                                                     Malta

                                                                     Netherlands

                                                                     Austria

                                                                     Poland

                                                                     Portugal

                                                                     Romania

                                                                     Sweden

                                                                     Switzerland

                                                                     Spain

                                                                     Slovakia

                                                                     Slovenia

                                                                     Czech Republic

                                                                     Hungary

                                                                     United Kingdom

                                                                     Cyprus

                                                                     If no authority is given no competent authority was specified by the relevant country.’

                                                      —

                                                      in point 4, the following is inserted after the entry for Ireland:

                                                         ‘Croatia

                                                                     Item No

                                                                     Name

                                                                     Address

                                                                     Telephone number

                                                                     E-mail address

                                                                     If no approved firm is specified, no approval is granted for firms in this country.’


Avis juridique important

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31989L0516

Commission Directive 89/516/EEC of 1 August 1989 adapting to technical progress Council Directive 76/758/EEC on the approximation of the laws of the Member States relating to the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps for motor vehicles and their trailers

Official Journal L 265 , 12/09/1989 P. 0001 - 0014 Finnish special edition: Chapter 13 Volume 19 P. 0063  Swedish special edition: Chapter 13 Volume 19 P. 0063

COMMISSION DIRECTIVE of 1 August 1989 adapting to technical progress Council Directive 76/758/EEC on the approximation of the laws of the Member States relating to the end-outline marker lamps, front position (side) lamps, rear position (side)  lamps and stop lamps for motor vehicles and their trailers (89/516/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 87/403/EEC (2), and in particular Article 11 thereof,  Having regard to Council Directive 76/758/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps for motor vehicles and  their trailers (3), as last amended by Directive 87/354/EEC (4), and in particular Article 10 thereof,  Whereas, in the light of experience, it is now possible to simplify the EEC component type-approval mark for lamps of this type when these are grouped together with, combined with or reciprocally incorporated in other lamps, and to amend certain  provisions to take account of the technical progress made in the meantime;.  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of Directives on the Removal of Technical Barriers to Trade in the Motor Vehicles Sector,   HAS ADOPTED THIS DIRECTIVE:    Article 1 The list of Annexes and Annexes 0, I, II and III to Directive 76/758/EEC are hereby amended as set out in the Annex to this Directive.  Article 2 1.  With effect from 1 January 1990, no Member State may:  (a)  - refuse, in respect of a type of motor vehicle, to grant EEC type-approval, to issue the document referred to in the third indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or - prohibit the entry into service of the vehicles,  if the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps comply with the provisions of this Directive;  (b)  - refuse, in respect of a type of end-outline marker lamp, front position (side) lamp, rear position (side) lamp and stop lamp, to grant EEC component type-approval or national type-approval, if these end-outline marker lamps, front position (side)  lamps, rear position (side) lamps and stop lamps comply with the provisions of this Directive, or - prohibit the placing on the market of end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps which bear the EEC component type-approval mark issued in accordance with the requirements of this Directive.  2.  With effect from 1 July 1990 a Member State:  (a)  - shall not issue the document referred to in the third indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps  do not comply with the provisions of this Directive,  - may refuse to grant national type-approval in respect of a type of vehicle of which the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps do not comply with the provisions of this Directive;  (b)  - shall not grant EEC component type-approval in respect of a type of end-outline marker lamp, front position (side) lamp, rear position (side) lamp and stop lamp if the latter does not comply with the provisions of this Directive,  - may refuse to grant national component type-approval in respect of a type of end-outline marker lamp, front position (side) lamp, rear positon (side) lamp and stop lamp if the latter does not comply with the provisions of this Directive.  3.  With effect from 1 October 1995, Member States may prohibit the entry into service of vehicles of which the end-outline marker lamps, front position (side) lamps, rear position (side) lamps and stop lamps do not comply with the provisions of this  Directive and the placing on the market of those lamps which do not bear the component type-approval mark issued in accordance with the requirements of this Directive.  4.  By way of derogation from the provisions of 2 (b) above, Member States shall continue to recognize EEC component type-approval granted for a type of end-outline marker lamp, front position (side) lamp, rear position (side) lamp or stop lamp pursuant to the provisions of Directive 76/758/EEC in the case of devices intended to be mounted on vehicles  already in service, and may also grant EEC component type-approval for a type of end-outline marker lamp, front position (side) lamp, rear position (side) lamp or stop lamp pursuant to the provisions of Directive 76/758/EEC provided that such devices  are intended to be used as replacement parts for vehicles already in service and it is not technically possible for the said devices to comply with the provisions of this Directive.  Article 3 Member States shall bring into force the provisions necessary to comply with this Directive not later than 31 December 1989. They shall forthwith inform the Commission thereof.  The provisions adopted pursuant to the first subparagraph shall make express reference to this Directive.  Article 4 This Directive is addressed to the Member States.   Done at Brussels, 1 August 1989.  For the Commission Martin BANGEMANN Vice-President  (1) OJ No L 42, 23, 2. 1970, p. 1. (2) OJ No L 220, 8. 8. 1987, p. 44. (3) OJ No L 262, 27. 9. 1976, p. 54. (4) OJ No L 192, 11. 7. 1987, p. 43.   ANNEX  The list of Annexes is modified as follows:  The text of Annex I is replaced by the following text:  ´- Front position (side) lamps, rear position (side) lamps, stop lamps and end-outline marker lamps; minimum angles required for the light distribution in space' The text of Annex 0 is modified as follows:  Item 1.4 is deleted:  Items 1.4.1, 1.4.2, 1.4.3, 1.5 and 1.6 are deleted Insert new items 1.4 and 1.5 as follows:  ´1.4.  Definition of terms The definitions contained in Directive 76/756/EEC relating to:  - light source (for filament lamps),  - independent lamps,  - grouped lamps,  - combined lamps,  - reciprocally incorporated lamps,  - device,  - single-function lamps - single lamps - two lamps or an even number of lamps,  - light emitting surface,  - illuminating surface of a light-signalling device other than a reflex reflector,  - apparent surface,  - axis of reference,  - centre of reference,  apply to this Directive.  ´1.5.  Front and rear position (side) lamp, stop lamp and end-outline marker lamp of different types "Front and rear position (side) lamp, stop lamp and end-outline marker lamp of different types'' means lamps which differ in each said category in such essential respects as:  - the trade name or mark,  - the characteristics of the optical system, (levels of intensity, light distribution angles, type of filament lamp, etc.),  - the system used to reduce illumination at night - in the case of stop lamps with two levels of intensity.' Item 5.5., read:  ´5.5.  Front and rear position (side) lamps which are grouped or combined or reciprocally incorporated may also be used as end-outline marker lamps.' Items 6 to 9 are replaced by the following items:  ´6.  INTENSITY OF LIGHT EMITTED "6.1.  In the reference axis, the light emitted by each of the two devices supplied must be of not less than the minimum intensity and of not more than the maximum intensity specified below:    (¹) Minimum intensities cd Maximum values in cd when used as Single- function lamp Single function lamp marked ´´D'' (Annex III item 4.3.6) Total for the assembly of two lamps (Annex III item 4.3.6) 6.1.1.  Front position (side) lamps, front end- outline marker lamp   4  60 (²)  42 (²)  84 (²) 6.1.2.  Front position (side) lamps incorporated in headlamp   4 100 (²) - - 6.1.3.  Rear position (side) lamps,  rear end-outline marker lamp   4  12 (²)   8,5 (²),5  17 (²) 6.1.4.  Stop lamps   4  60 (²)  42 (²)  84 (²) 6.1.4.1.  with 1 level of intensity  40 100 (²)  70 (²) 140 (²) 6.1.4.2.  with 2 levels of intensity  40 100 (²)  70 (²) 140 (²) 6.1.4.2.1.  by day 130 520 (²) 364 (²) 728 (²) 6.1.4.2.2.  by night  30  80 (²)  56 (²) 112 (²) (¹) The installation of the devices referred to above in power-driven vehicles and their trailers is provided for in the Directive concerning the installation of lighting and light-signalling devices (Directive 76/756/EEC).  (²) The total value of maximum intensity for an assembly of two lamps is given by multiplying by 1.4 the value prescribed for a single-function lamp.  When two single-function lamps having the same function, whether identical or not, are grouped in one device such that the projections of the illuminating surfaces of those single-function lamps on a vertical plane perpendicular to the vehicle's median  longitudinal plane occupy not less than 60 % of the smallest rectangle circumscribing the projections of the said illuminating surfaces, such an assembly shall be deemed to be a single lamp for the purpose of installation of a vehicle. In such a case,  each single-function lamp shall comply with the minimum intensity required, the admissible maximum intensity shall not be exceeded by both lamps together (last column of the table).  In the case of a single-function lamp containing more than one light source:  The lamp shall comply with the minimum intensity required when any one light source has failed, and when all light sources are illuminated the maximum intensity specified for a single-function lamp may be exceeded, provided that the single-function lamp  is not marked "D'' and the maximum intensity specified for an assembly of two lamps (last column of the table) is not exceeded.   6.2.  Outside the reference axis and within the angular fields defined in the diagrams in Annex I the intensity of the light emitted by each of the two devices supplied must:  6.2.1.  in each direction corresponding to the points in the light distribution table reproduced in Annex IV, be not less than the product of the minimum specified in paragraph 6.1 above by the percentage specified in the said table for the direction in  question;  6.2.2.  in no direction within the space from which the light-signalling device is visible, exceed the maximum specified in paragraph 6.1 above;  6.2.3.  however, a luminous intensity of 60 cd shall be permitted for rear position (side) lamps reciprocally incorporated with stop lamps (see paragraph 6.1.3 above) below a plane forming an angle of 5g with and downward from the horizontal plane;  6.2.4.  Moreover,  6.2.4.1.  throughout the fields defined in the diagrams in Annex I, the intensity of the light emitted must be not less than 0,05 cd for front and rear position (side) lamps and end-outline marker lamps, not less than 0,3 cd for stop lamps with one level of  intensity, and for stop lamps with two levels of intensity 0,3 cd by day and 0,07 cd by night.  6.2.4.2.  if a rear position (side) lamp is reciprocally incorporated with a stop lamp, the ratio between the luminous intensities actually measured of the two lamps when turned on simultaneously and the intensity of the rear position (side) lamp when turned on  alone should be at least 5:1 in the field delimited by the straight horizontal lines passing through p 5g V and the straight vertical lines passing through p 10g H of the light distribution table. Where a stop lamp has two levels of intensity this  requirement must be met when the night-time use facility is actuated.  6.2.4.3.  the provisions of paragraph 2.2 of Annex IV on local variations of intensity must be observed.  6.3.  the intensities shall be measured while the filament lamp(s) continuously alight. In the case of devices emitting selective-yellow or red light, they shall be measured in coloured light.  6.4.  In the case of a stop lamp providing two levels of intensity the time that elapses between electrical supply being switched on and the light output measured on the reference axis to reach 90 % of the value measured in accordance with paragraph 6.3 above  shall be measured for both the day and the night conditions of use. The time measured for the night conditions of use shall not exceed that measured for the day conditions of use.  6.5.  Annex IV, to which reference is made in paragraph 6.2.1 above, gives particulars of the methods of measurement to be used.  7.  TEST PROCEDURE 7.1.  All measurements shall be made with a white standard filament lamp of the category prescribed for the device, the supply voltage being so regulated as to produce the nominal luminous flux prescribed for that category of lamp.  7.2.  However, in the case of a stop lamp for which an additional system is used to obtain the night-time intensity, the voltage applied to the system for measuring the night-time intensity shall be that which was applied to the filament lamp for measuring  the daytime intensity (1).  7.3.  Where a rear position (side) lamp is reciprocally incorporated with a dual-intensity stop lamp and is designed to operate permanently with an additional system to regulate the intensity of the light emitted, measurement of the light emitted shall be  performed with the same voltage applied to the system as would, if applied to the filament lamp, enable the lamp to produce the prescribed normal luminous flux.  7.4.  The vertical and horizontal outlines of the illuminating surface of a light-signalling device other than a reflex reflector shall be determined and measured in relation to the centre of reference.  8.  COLOUR OF LIGHT EMITTED The colour of the light emitted shall be within the limits of the coordinates prescribed for the colour in question in Annex V to this Directive.  9.  CONFORMITY OF PRODUCTION Every device bearing an EEC component type-approval mark must conform to the approved type and comply with the photometric conditions specified in sections 6 and 8. Nevertheless, in the case of a device picked at random from series production, the  requirements as to minimum intensity of the light emitted (measured with a standard filament lamp as referred to in section 7) may be limited in each direction to 80 % of the minimum values specified in 6.1 and 6.2.   .  Annex I is modified as follows:  Title, read:  ´FRONT POSITION (SIDE) LAMPS, REAR POSITION (SIDE) LAMPS, STOP LAMPS AND END-OUTLINE MARKER LAMPS MINIMUM ANGLES REQUIRED FOR THE LIGHT DISTRIBUTION IN SPACE (*)' ´end outline marker lamps' is to be added after ´front position (side) lamps' and ´near position (side) lamps' in the titles for the first two diagrams.  Annex II is replaced as follows:  ´ANNEX II MODEL EEC COMPONENT TYPE-APPROVAL CERTIFICATE (Maximum format: A 4 (210 × 297 mm))   Name of administration  Notification concerning the granting, refusal or withdrawal of EEC component type-approval, or the granting, refusal or withdrawal of an extension of EEC component type-approval for a type of end-outline marker lamp, front position (side) lamp, rear  position (side) lamp or stop lamp Component type-approval No ....................   1.  Tzpe of lamp Intended for thse in a psomposition of tso lamps front position (side) lamp yes/no (*) rear position (side) lamp yes/no (*) stop lamp yes/no, one/two (*) level(s) of intensity end-outline marker lamp yes/no (*)   2.  Type and number of incandescent lamps .   3.  Colour of light emitted: red/selective yellow/white (*) .   4.  Trade name or mark .   5.  Name and address of manufacturer .   6.  If applicable, name and address of manufacturer's authorized representative .  .   7.  Submitted for EEC component type-approval tests on .   8.  Technical service conducting EEC component type-approval tests .   9.  Date of report issued by that service .  10.  Number of report issued by that service .  11.  Date of granting/refusal/withdrawal of EEC component type-approval (*) .  12.  Extension of EEC component type-approval to devices emitting a red/selective yellow/white light (*) .  .  13.  Date of granting/refusal/withdrawal of the extension of EEC component type-approval (*) .  14.  Single EEC component type-approval granted on the basis of paragraph 3.3 of Annex III for a lighting and light-signalling device comprising several lamps, and in particular . 15.  Where a rear position (side) lamp is reciprocally incorporated with a dual-intensity stop lamp, state whether a voltage-adapting system is provided, and if so what its characteristics are .  .  16.  Component type approval granted solely for use as a replacement part on vehicles already in service: yes/no (*) .  17.  For stop lamps with two levels of intensity, indicate the system used to obtain the night-time intensity (give the main characteristics) .  18.  Date of refusal/withdrawal of single EEC component type-approval .  19.  Place .  20.  Date .  21.  Signature .  22.  The attached drawing No  . . . . . . . . . shows the geometrical position in which the device is to be mounted on the vehicle and the axis of reference and centre of reference of the device.  23.  Remarks .  (*) Delete where inapplicable.  Annex III is modified as follows:  Item 1.2, read:  ´1.2.  The request for the EEC component type approval of a front position (side) lamp shall state whether that lamp is intended to emit white or selective yellow light, and in the case of an end-outline marker lamp, whether that lamp is intended to emit white  or red light.' Item 1.3, read:  ´1.3.  For each type of front position (side) lamp, rear position (side) lamp, stop lamp, and end-outline marker lamp the request shall be accompanied by;' Item 1.3.2, read:  ´1.3.2.  drawings (three copies), in sufficient detail to permit identification of the type of device and showing geometrically the position in which the lamp is to be mounted on the vehicle, the axis of observation to be taken as the axis of reference in the  tests (horizontal angle H = Og), the point to be taken as the centre of reference in the said tests, the vertical and horizontal tangents to the illuminating surface and their distances from the centre of reference of the lamp'.  Add the following new item 1.3.3 after item 1.3.2:  ´1.3.3.  In the case of a dual-intensity stop lamp, a diagram and statement of the characteristics of the systems providing the two levels of intensity;' Former item 1.3.3 becomes item 1.3.4, and the following is added to it:  ´In the case of a dual-intensity stop lamp the request must, moreover, be accompanied by the samples of the components making up the system providing the two levels of intensity.' Item 3.2, read:  ´3.2.  This number is no longer assigned to another type of front position (side) lamp, stop lamp or an end-outline marker lamp except where EEC component type-approval is extended to another type of device which only differs in respect of the colour of the  light emitted.' Item 3.3, read:  ´3.3.  Where EEC component type-approval is requested for a type of lighting and light-signalling device consisting of a front position (side) lamp, a rear position (side) lamp, a stop lamp or an end-outline marker lamp and other lamps, a single EEC component  type-approval number may be granted, provided that the lamp fulfills the requirements of this Directive and that each of the other lamps forming part of the type of lighting and light-signalling device for which EEC component type approval has been  requested complies with the separate directive applying thereto.' Item 4.1, read:  ´4.1.  All front position (side) lamps, rear position (side) lamps, stop lamps, or end-outline marker lamps conforming to a type that has been component type-approved pursuant to this Directive shall bear an EEC component type-approval mark'.  Item 4.2, read:  ´4.2.  This mark shall consist of a rectangle surrounding the lower case letter "e'' followed by the distinguishing letter(s) or number of the Member State which has granted the type-approval:   1 for Germany,   2 for France,   3 for Italy,   4 for the Netherlands,   6 for Belgium,   9 for Spain,  11 for the United Kingdom,  13 for Luxembourg 18 for Denmark,  21 for Portugal,  EL for Greece,  IRL for Ireland,  It must also include the EEC component type-approval number which corresponds to the number of the EEC component type-approval certificate issued for the type of device in question (see Annex I), preceded by two figures indicating the sequence number  assigned to the most recent major technical amendment to Council Directive 76/758/EEC on the date EEC component type-approval was granted. In this Directive the sequence number is 01.' Item 4.3.3, read:  ´4.3.3.  The letter "S'' followed by the figure "1'' where the device has one level of intensity, and by the figure "2'' when it has two levels of intensity on devices fulfilling the requirements of this Directive in respect of stop lamps;' Item 4.3.4, read:  ´4.3.4.  Depending upon the case the letters "R'' and "S 1'' or "S 2'', separated by a horizontal dash, on devices consisting, at the same time, of a rear position (side) lamp and a stop lamp fulfilling the requirements of this Directive in respect of these  lamps';  After item 4.3.5, add the new item 4.3.6 as follows:  ´4.3.6.  On lamps which may be used as single-function lamps as well as in an assembly of two lamps, the additional letter "D'' on the right side of the symbol mentioned in paragraphs 4.3.1 to 4.3.4.' Item 4.6, read:  ´4.6.  Examples of EEC component type-approval marks and additional symbols are shown in Appendix 1.' After item 4.7, the following new items 4.7.1 and 4.7.2 are added:  ´4.7.1.  This mark may be placed anywhere on lamps that are grouped, combined or reciprocally incorporated provided that:  4.7.1.1.  it is visible when the lamps have been installed;  4.7.1.2.  no light-transmitting component of the grouped, combined or reciprocally incorporated lamps may be removed without the component type-approval mark being removed at the same time.  4.7.2.  The identification symbol for each lamp corresponding to each Directive pursuant to which component type-approval was granted, together with the two figures referred to in item 4.2, final indent, above and, where necessary, the additional letter "D''  shall be entered:  4.7.2.1.  on the appropriate light-emitting surface; or 4.7.2.2.  in a group, such a way that each of the grouped, combined or reciprocally incorporated lamps may be clearly identified'.  After item 4.8 the following new point 4.9 is added:  ´4.9.  Examples of an EEC component type-approval mark for a lamp that is grouped, combined or reciprocally incorporated with other lamps are shown in Annex II.' The Appendix is replaced by the following Appendix 1:  ´Appendix 1  EXAMPLES OF EEC COMPONENT TYPE-APPROVAL MARKS The following new Appendix 2 is added after Appendix 1:  ´Appendix 2  EXAMPLES OF SIMPLIFIED MARKING FOR GROUPED, COMBINED OR RECIPROCALLY INCORPORATED LAMPS Note: In the above examples the vertical and horizontal lines indicate the general shape of a lamp unit and do not form part of the component type-approval mark. The three examples of EEC component type-approval marks, models A, B and C represent three  possible variants of the marking of a light signalling device when two or more lamps are part of the same device.  The EEC component type-approval mark shows that the device was EEC type-approved in the Netherlands (e 4) under the number 3333 and comprises:  a reflex-reflector of class 1A EEC component type-approved in conformity with Directive 76/757/EEC;  a rear direction indicator lamp of category 2a EEC component type-approved in conformity with Directive 76/759/EEC;  a red rear position lamp (R) EEC component type-approved in conformity with the present Directive;  a rear fog lamp (F) EEC component type-approved in conformity with Directive 77/538/EEC;  a reversing lamp (AR) EEC component type-approved in conformity with Directive 77/539/EEC;  a stop lamp (S 1) having one level of intensity EEC component type-approved in conformity with the present Directive.'  (1) The functioning and installation conditions of these additional systems will be defined by special provisions.'


title: Commission Directive 2011/15/EU of 23 February 2011 amending Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system  Text with EEA relevance

text:
               24.2.2011

               EN

               Official Journal of the European Union

               L 49/33

         COMMISSION DIRECTIVE 2011/15/EU
   of 23 February 2011
   amending Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (1), and in particular Article 27 thereof,
   Whereas:

               (1)

               Resolution MSC.150(77) of the International Maritime Organisation (IMO) has been revoked and replaced by IMO Resolution MSC.286(86) with effect from 1 July 2009. Therefore Article 12 of Directive 2002/59/EC referring to the revoked IMO Resolution should also be updated accordingly.

               (2)

               The carriage requirements concerning the automatic identification Systems (AIS) and voyage data recorders (VDR) should be updated in line with the modifications to the International Convention for the Safety of Life at Sea (SOLAS) and should take account of the development of simplified VDRs, as approved by the IMO. The scope of exemptions of carriage requirements for small passenger vessels on short distances should also be made more precise and adapted to such voyages.

               (3)

               Following an incident at sea, the powers of intervention of Member States should be made more explicit. In particular, it should be clearly stated that they may give instructions to the assistance, salvage or towage companies in order to prevent a serious and imminent threat to its coastline or related interests, to the safety of other ships and their crews and passengers or of persons on shore or to protect the marine environment.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments
   Directive 2002/59/EC is amended as follows:

               1.

               in Article 12(1), point (b) is replaced by the following:

                           ‘(b)

                           for the substances referred to in Annex I to the Marpol Convention, the safety data sheet detailing the physico-chemical characteristics of the products, including, where applicable, their viscosity expressed in cSt at 50 °C and their density at 15 °C and the other data contained in the safety data sheet in accordance with IMO Resolution MSC.286(86).’;

               2.

               Annex II is replaced by Annex I to this Directive;

               3.

               Annex IV is replaced by Annex II to this Directive.

         Article 2
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 12 months from its entry into force at the latest, without prejudice to the transposition date provided for by Article 2(1) of Directive 2009/17/EC of the European Parliament and of the Council (2) as far as fishing vessels are concerned. They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 23 February 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 208, 5.8.2002, p. 10.

      (2)  OJ L 131, 28.5.2009, p. 101.

      ANNEX I

            ‘ANNEX II

               Requirements applicable to on-board equipment

            I.   FISHING VESSELS
            Fishing vessels with a length of more than 15 metres overall shall be fitted with an automatic identification system (AIS) as provided for in Article 6a according to the following timetable:

                        —

                        fishing vessels of overall length 24 metres and upwards but less than 45 metres: not later than 31 May 2012,

                        —

                        fishing vessels of overall length 18 metres and upwards but less than 24 metres: not later than 31 May 2013,

                        —

                        fishing vessels of overall length exceeding 15 metres but less than 18 metres: not later than 31 May 2014,

                        —

                        new-built fishing vessels of overall length exceeding 15 metres are subject to the carrying requirement laid down in Article 6a as from 30 November 2010.

                  II.   SHIPS ENGAGED ON INTERNATIONAL VOYAGES
            Passenger ships, irrespective of size, and all ships, other than passenger ships, of 300 gross tonnage and upwards engaged on international voyages, which call at a port of a Member State shall be fitted with an automatic identification system (AIS) in accordance with the technical and performance standards laid down in Chapter V of SOLAS. Passenger ships, irrespective of size, and all ships other than passenger ships, of 3 000 gross tonnage and upwards engaged on international voyages, which call at a port of a Member State shall be fitted with a voyage data recorder (VDR) in accordance with the technical and performance standards laid down in Chapter V of SOLAS. In case of cargo ships constructed before 1 July 2002 the VDR may be a simplified voyage data recorder (S-VDR), which shall comply with the technical and performance standards developed in accordance with Chapter V of SOLAS.
            III.   SHIPS ENGAGED ON NON-INTERNATIONAL VOYAGES
            1.   Automatic identification systems (AIS)

            Passenger ships, irrespective of size, and all other ships of 300 gross tonnage and upwards engaged on a non-international voyage shall be fitted with an automatic identification system (AIS) which complies with the technical and performance standards laid down in Chapter V of SOLAS.
            2.   Voyage data recorder (VDR) systems

                        (a)

                        Passenger ships, irrespective of size, and ships other than passenger ships, of 3 000 gross tonnage and upwards and constructed on or after 1 July 2002 engaged on a non-international voyage shall be fitted with a voyage data recorder (VDR) which complies with the technical and performance standards developed in accordance with Chapter V of SOLAS.

                        (b)

                        Cargo ships of 3 000 gross tonnage and upwards constructed before 1 July 2002 engaged on a non-international voyage shall be fitted with a voyage data recorder (VDR) or with a simplified voyage data recorder (S-VDR) which complies with the technical and performance standards developed in accordance with Chapter V of SOLAS.

                  IV.   EXEMPTIONS
            1.   Exemptions from the requirement to carry AIS on board

                        (a)

                        Member States may exempt passenger ships below 15 metres in length or 300 gross tonnage engaged on non-international voyages from the application of the requirements concerning AIS laid down in this Annex.

                        (b)

                        Member States may exempt ships, other than passenger ships, of 300 gross tonnage and upwards but less than 500 gross tonnage sailing exclusively within the internal waters of a Member State and outside routes normally used by other ships fitted with AIS, from the carriage requirements for AIS laid down in this Annex.

                  2.   Exemptions from the requirement to carry a VDR or S-VDR on board

            Member States may grant exemptions from the requirement to be fitted with a VDR or an S-VDR as follows:

                        (a)

                        Passenger ships only on voyages in sea areas other than those covered by Class A, as referred to in Article 4 of Directive 2009/45/EC of the European Parliament and of the Council (1), may be exempted from the requirement to be fitted with a VDR.

                        (b)

                        Ships, other than ro-ro passenger ships, constructed before 1 July 2002 may be exempted from the requirement to be fitted with a VDR where it can be demonstrated that interfacing a VDR with the existing equipment on the ship is unreasonable and impracticable.

                        (c)

                        Cargo ships constructed before 1 July 2002, engaged on international or non-international voyages, may be exempted from the requirement to be fitted with an S-VDR if such ships are to be taken permanently out of service within two years of the implementation date specified in Chapter V of SOLAS.

         (1)  OJ L 163, 25.6.2009, p. 1.’

      ANNEX II

            ‘ANNEX IV

               Measures available to Member States in the event of a threat to maritime safety and the protection of the environment

            (pursuant to Article 19(1))
            Where, following an incident or circumstance of the type described in Article 17 affecting a ship, the competent authority of the Member State concerned deems, within the framework of international law, that it is necessary to avert, lessen or remove a serious and imminent threat to its coastline or related interests, the safety of other ships and their crews and passengers or of persons on shore or to protect the marine environment, that authority may, in particular:

                        (a)

                        restrict the movement of the ship or direct it to follow a specific course. This requirement does not affect the master’s responsibility for the safe handling of his ship;

                        (b)

                        give official notice to the master of the ship to put an end to the threat to the environment or maritime safety;

                        (c)

                        send an evaluation team aboard the ship to assess the degree of risk, help the master to remedy the situation and keep the competent coastal station informed thereof;

                        (d)

                        instruct the master to put in at a place of refuge in the event of imminent peril, or cause the ship to be piloted or towed.

                  In the case of a ship which is towed under a towage or salvage agreement, the measures taken by the competent authority of a Member State under points (a) and (d) may be also addressed to the assistance, salvage and towage companies involved.’


Avis juridique important

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32001L0092

Commission Directive 2001/92/EC of 30 October 2001 adapting to technical progress Council Directive 92/22/EEC on safety glazing and glazing materials on motor vehicles and their trailers and Council Directive 70/156/EEC relating to the type-approval of motor vehicles and their trailers (Text with EEA relevance)

Official Journal L 291 , 08/11/2001 P. 0024 - 0047

Commission Directive 2001/92/ECof 30 October 2001adapting to technical progress Council Directive 92/22/EEC on safety glazing and glazing materials on motor vehicles and their trailers and Council Directive 70/156/EEC relating to the type-approval of motor vehicles and their trailers(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(1), as last amended by European Parliament and Council Directive 2000/40/EC(2), and in particular Article 13(2) thereof,Whereas:(1) Council Directive 92/22/EEC of 31 March 1992 on safety glazing and glazing materials on motor vehicles and their trailers(3), as amended by the Act of Accession of Austria, Finland and Sweden, is one of the separate Directives of the EC type-approval procedure established by Directive 70/156/EEC. Consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to Directive 92/22/EEC.(2) In order to standardise Community approval, it is necessary to introduce the information document provided for by Directive 70/156/EEC and to modify the approval certificate based on Annex VI thereto.(3) Furthermore, type-approval procedures should be simplified in order to maintain the choice, provided for in Article 9(2) of Directive 70/156/EEC, between certain separate directives and the corresponding regulations of the United Nations Economic Commission for Europe (UN/ECE). As a first step, the technical requirements of Directive 92/22/EEC should be replaced by those of Regulation No 43 of the UN/ECE.(4) Directives 92/22/EEC and 70/156/EEC should therefore be amended accordingly.(5) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established under Directive 70/156/EEC,HAS ADOPTED THIS DECISION:Article 1Directive 92/22/EEC is hereby amended as follows:1. Article 1(1) is replaced by the following: "1. Member States shall grant EC type-approval to any safety glazing and glazing materials for motor vehicles and their trailers that meet the structural and testing requirements set out in the Annexes."2. The first paragraph of Article 2 is replaced by the following: "All applications for EC component type-approval shall be made by the manufacturer or his authorised representative in a Member State. The Member States shall issue to the manufacturer or to his authorised representative an EC component type-approval mark conforming to the model set out in Annex II A, for each type of safety glazing and each glazing material for motor vehicles and their trailers that they type-approve pursuant to Article 1."3. In Article 4, the following second paragraph is added: "The competent authorities of the Member States shall inform each other, by means of the procedure specified in Article 4(6) of Directive 70/156/EEC, of each component type-approval which they have granted, refused or withdrawn pursuant to this Directive."4. Article 8 is replaced by the following: "Article 8For the purposes of this Directive, 'vehicle' means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails, agricultural and forestry tractors, and mobile machinery."5. The Annexes are amended as follows:(a) the list of annexes and Annexes I and II are replaced by the Annex to this Directive;(b) the appendix to Annex III is deleted.Article 21. With effect from 1 July 2002, Member States may not, on grounds relating to safety glazing or glazing materials on motor vehicles and their trailers:- refuse to grant EC type-approval or national type-approval of a type of vehicle, or component type-approval of safety glazing or glazing materials for motor vehicles and their trailers, nor- refuse to register or prohibit the sale or entry into service of vehicles, or prohibit the sale or entry into service of safety glazing or glazing materials for motor vehicles and their trailers,if such safety glazing or glazing materials for motor vehicles and their trailers comply with the requirements of Directive 92/22/EEC, as amended by this Directive.2. With effect from 1 October 2002, Member States:- shall no longer grant EC type-approval, and- may refuse to grant national type approval,of any type of vehicle on grounds relating to any type of safety glazing or glazing materials for motor vehicles and their trailers if the requirements of Directive 92/22/EEC as amended by this Directive, are not met.3. With effect from 1 July 2003, the requirements of Directive 92/22/EEC relating to safety glazing as a component, as modified by this Directive, shall apply for the purposes of Article 7(2) of Directive 70/156/EEC.4. By way of derogation from paragraph 3, Member States may, in respect of spare parts, continue to grant EC type-approval and to authorise the sale and entry into service of safety glazing and glazing materials for motor vehicles and their trailers which comply with the provisions of Directive 92/22/EEC, in the version in force before the entry into effect of the present Directive, provided that such safety glazing and glazing materials for motor vehicles and their trailers:- are intended to be fitted to vehicles already in use, and- comply with the requirements of that Directive applicable when the vehicles were first registered.Article 3The following point 9.5.1.5 is added to Annex I to Directive 70/156/EEC: "9.5.1.5. Windscreen accessories and the position in which they are fitted together with a brief description of any electrical/electronic components involved."Article 41. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 June 2002. They shall immediately inform the Commission thereof.The measures adopted by the Member States shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 5This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 6This Directive is addressed to the Member States.Done at Brussels, 30 October 2001.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 42, 23.2.1970, p. 1.(2) OJ L 203, 10.8.2000, p. 9.(3) OJ L 129, 14.5.1992, p. 11.ANNEX"LIST OF ANNEXES>TABLE>"ANNEX IAdministrative provisions for EC type-approval1. APPLICATION FOR EC COMPONENT TYPE-APPROVAL1.1. All applications under Article 3(4) of Directive 70/156/EEC for glazing type-approval are to be submitted by the safety glazing manufacturer.1.2. The model information document is reproduced in Appendix 1 to this Annex.1.3. The technical department responsible for conducting the type-approval tests must be provided with:1.3.1. a sufficient number of test pieces or samples of the finished glass panes of the models considered, where necessary the number being determined by agreement with the technical department responsible for conducting the tests.2. APPLICATION FOR EC VEHICLE TYPE-APPROVAL2.1. All applications under Article 3(4) of Directive 70/156/EEC for vehicle type-approval with regard to safety glazing are to be submitted by the vehicle manufacturer.2.2. The model information document is reproduced in Appendix 3 to this Annex.2.3. The technical department responsible for conducting the type-approval tests must be provided with:2.3.1. a vehicle representative of the type, the vehicle being if necessary determined by agreement with the technical department responsible for conducting the tests.3. GRANTING OF EC SAFETY GLAZING OR VEHICLE TYPE-APPROVAL3.1. Once the relevant requirements have been met, EC type-approval as indicated in Article 4(3) and, where appropriate, in Article 4(4) of Directive 70/156/EEC shall be granted.3.2. The model EC tye-approval certificate and its addenda are reproduced in:- Appendix 2 to this Annex in respect of applications under point 1.1,- Appendix 4 to this Annex in respect of applications under point 2.1.3.3. A type-approval number in accordance with Annex VII to Directive 70/156/EEC is assigned to each safety glazing or vehicle type. The same Member State must not assign the same number to another glazing or vehicle type.4. TYPE MODIFICATIONS AND AMENDMENTS TO APPROVALS4.1. Where type modifications are made to the type approved under this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.5. CONFORMITY OF PRODUCTION5.1. Measures to ensure conformity of production must be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.Appendix 1>PIC FILE= "L_2001291EN.002802.TIF">>PIC FILE= "L_2001291EN.002901.TIF">Appendix 2EC type-approval certificatesMODEL(maximum format: A4 (210 x 297 mm))>PIC FILE= "L_2001291EN.003002.TIF">>PIC FILE= "L_2001291EN.003101.TIF">>PIC FILE= "L_2001291EN.003201.TIF">>PIC FILE= "L_2001291EN.003301.TIF">>PIC FILE= "L_2001291EN.003401.TIF">>PIC FILE= "L_2001291EN.003501.TIF">>PIC FILE= "L_2001291EN.003601.TIF">>PIC FILE= "L_2001291EN.003701.TIF">>PIC FILE= "L_2001291EN.003702.TIF">>PIC FILE= "L_2001291EN.003801.TIF">>PIC FILE= "L_2001291EN.003901.TIF">>PIC FILE= "L_2001291EN.004001.TIF">Appendix 3>PIC FILE= "L_2001291EN.004102.TIF">>PIC FILE= "L_2001291EN.004201.TIF">Appendix 4MODEL(maximum format: A4 (210 x 297 mm))>PIC FILE= "L_2001291EN.004302.TIF">>PIC FILE= "L_2001291EN.004401.TIF">ANNEX IISCOPE AND DEFINITIONS1. ScopeThis Directive applies to safety glazing and glazing materials intended to be fitted as a windscreen or other glazing or as separating panels on motor vehicles and their trailers, and to their fitting, with the exception of glazing for lighting and light-signalling devices and for the dashboard, special glazing offering protection against attack, toughened glass and windscreens intended for vehicles used in extreme environments and having a maximum speed of 40 km/h.2. DefinitionThe items in question are those laid down in Article 2 of Regulation No 43 of the United Nations Economic Commission for Europe, in the most recent version adopted by the European Community.ANNEX II AEC COMPONENT TYPE-APPROVAL MARKS1. All safety-glass panes, including the samples and test pieces submitted for component type-approval, shall bear the trade name or mark of the manufacturer. The marking shall be clearly legible, indelible and visible.2. In addition to the items listed in point 3.3 of Annex I, symbols shall be affixed in conformity with those laid down in Regulation No 43 of the United Nations Economic Commission for Europe, in the most recent version adopted by the European Community.ANNEX II BGENERAL AND INDIVIDUAL SPECIFICATIONS, TESTS AND TECHNICAL REQUIREMENTSWith the exception of the provisions applicable to toughened windscreens (not covered by this Directive), the provisions governing the general and individual specifications, tests and technical requirements are those set out in Regulation No 43 of the United Nations Economic Commission for Europe, in the most recent version adopted by the European Community.


title: Council Directive 2010/23/EU of 16 March 2010 amending Directive 2006/112/EC on the common system of value added tax, as regards an optional and temporary application of the reverse charge mechanism in relation to supplies of certain services susceptible to fraud

text:
               20.3.2010

               EN

               Official Journal of the European Union

               L 72/1

         COUNCIL DIRECTIVE 2010/23/EU
   of 16 March 2010
   amending Directive 2006/112/EC on the common system of value added tax, as regards an optional and temporary application of the reverse charge mechanism in relation to supplies of certain services susceptible to fraud
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 113 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Acting in accordance with a special legislative procedure,
   Whereas:

               (1)

               Council Directive 2006/112/EC (3) specifies that value added tax (VAT) shall be payable by any taxable person carrying out transactions involving the taxable supply of goods and services. In the case of cross-border transactions, and for certain domestic high-risk sectors such as construction or waste, it is foreseen, however, to shift the obligation to pay VAT onto the person to whom the supply is made.

               (2)

               Given the seriousness of VAT fraud, Member States should be allowed to apply, on a temporary basis, a mechanism whereby the obligation to pay VAT shifts onto the person to whom allowances to emit greenhouse gases, as defined in Article 3 of Directive 2003/87/EC (4), and other units that may be used for compliance with the same Directive, are transferred.

               (3)

               The introduction of such a mechanism targeting these services, which according to recent experience are particularly susceptible to fraud, as opposed to its general application, should not adversely affect the fundamental principles of the VAT system, such as fractionated payments.

               (4)

               Member States should produce an evaluation report on the application of the mechanism so as to enable an assessment of its efficiency.

               (5)

               In order to assess the effect of the application of the mechanism on fraudulent activities in a transparent manner, evaluation reports by Member States should be based on pre-defined criteria established by Member States. Any such evaluation should clearly assess the level of fraud before and after the application of the mechanism and any consequent shifts in trends of fraudulent activities, including supplies of other services. The report should also evaluate compliance costs for taxable persons.

               (6)

               Each Member State that has detected a shift in trends of fraudulent activities in its territory in relation to the services under this Directive should produce a report in that respect.

               (7)

               In order to provide all Member States with the option of applying such a mechanism, a specific amendment to Directive 2006/112/EC is necessary.

               (8)

               Since the objective of this Directive, namely to address VAT fraud through a temporary measure which derogates from existing Union rules, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (9)

               Directive 2006/112/EC should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   In Directive 2006/112/EC the following Article shall be inserted:

      ‘Article 199a
      1.   Member States may, until 30 June 2015 and for a minimum period of two years, provide that the person liable for payment of VAT is the taxable person to whom any of the following supplies are made:

                  (a)

                  the transfer of allowances to emit greenhouse gases as defined in Article 3 of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community (5), transferable in accordance with Article 12 of that Directive;

                  (b)

                  the transfer of other units that may be used by operators for compliance with the same Directive.

            2.   Member States shall inform the Commission of the application of the mechanism provided for in paragraph 1 on the introduction of any such mechanism and shall provide the following information to the Commission:

                  (a)

                  a statement on the scope of the measure applying the mechanism and a detailed description of accompanying measures, including any reporting obligations on taxable persons and any control measures;

                  (b)

                  evaluation criteria to enable comparison between fraudulent activities in relation to the services listed in paragraph 1 before and after the application of the mechanism, fraudulent activities in relation to other services before and after the application of the mechanism, and any increase in other types of fraudulent activities before and after the application of the mechanism;

                  (c)

                  the date of commencement and the period to be covered by the measure applying the mechanism.

            3.   Member States applying the mechanism provided for in paragraph 1 shall, on the basis of the evaluation criteria provided for under paragraph 2(b), submit a report to the Commission no later than 30 June 2014. The report shall clearly indicate the information to be treated as confidential and the information which may be published.
      The report shall provide a detailed assessment of the measure’s overall effectiveness and efficiency, in particular as regards:

                  (a)

                  the impact on fraudulent activities in relation to supplies of services covered by the measure;

                  (b)

                  the possible shift of fraudulent activities to goods or other services;

                  (c)

                  the compliance costs for taxable persons resulting from the measure.

            4.   Each Member State that has detected, as from the entry into force of this Article, a shift in trends of fraudulent activities in its territory in relation to the services listed in paragraph 1, shall submit a report to the Commission in that respect no later than 30 June 2014.

   Article 2
   Member States choosing to apply the mechanism provided for in Article 199a paragraph 1 of Directive 2006/112/EC shall communicate the provisions of the measure applying the mechanism to the Commission when the mechanism commences.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   The Directive shall apply until 30 June 2015.
   Article 5
   This Directive is addressed to the Member States.
   Article 6
   This Directive shall be published in the Official Journal of the European Union.

      Done at Brussels, 16 March 2010.

            For the Council

            The President

         E. SALGADO

      (1)  Opinion of 10 February 2010 (not yet published in the Official Journal).

      (2)  Opinion of 21 January 2010 (not yet published in the Official Journal).

      (3)  OJ L 347, 11.12.2006, p. 1.

      (4)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community (OJ L 275, 25.10.2003, p. 32).

      (5)  OJ L 275, 25.10.2003, p. 32.’


title: Commission Directive 2012/43/EU of 26 November 2012 amending certain headings of Annex I to Directive 98/8/EC of the European Parliament and of the Council  Text with EEA relevance

text:
               27.11.2012

               EN

               Official Journal of the European Union

               L 327/34

         COMMISSION DIRECTIVE 2012/43/EU
   of 26 November 2012
   amending certain headings of Annex I to Directive 98/8/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1), and in particular Articles 11(4) and 16(2) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) provides detailed rules for the evaluations of existing active substances. Article 15(2) of the Regulation provides for peer reviews by experts from the Member States prior to the Commission decisions on inclusion in Annex I.

               (2)

               Pursuant to Article 10(2)(i) of Directive 98/8/EC, inclusion of an active substance in Annex I shall, where appropriate, be subject to requirements on the minimum degree of purity and the nature and maximum content of certain impurities.

               (3)

               The first inclusion in Annex I was decided in Commission Directive 2006/140/EC of 20 December 2006 amending Directive 98/8/EC of the European Parliament and of the Council to include sulfuryl fluoride as an active substance in Annex I thereto (3). That Directive defined the headings of Annex I to Directive 98/8/EC. Those headings include ‘Minimum purity of the active substance in the biocidal product as placed on the market’.

               (4)

               In the context of the peer reviews provided for by Article 15(2) of Regulation (EC) No 1451/2007, Member States experts have developed a method for establishing the similarity of the chemical compositions and the hazard profiles, known as ‘technical equivalence’, of substances falling within the same definition but being produced from different sources or manufacturing processes. For this establishment, the degree of purity is only one of the factors that can be decisive. Furthermore, lower purity of an active substance does not necessarily compromise its hazard profile.

               (5)

               It is therefore appropriate to replace the existing reference to minimum purity in the headings of Annex I to Directive 98/8/EC by a reference to the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 11 of the Directive, and indicate that, in the product placed on the market, the active substance may be of a different purity provided that it has been proven technically equivalent with the evaluated substance.

               (6)

               The first row of Annex I to Directive 98/8/EC established by Commission Directive 2006/140/EC also contains the heading ‘Deadline for compliance with Article 16(3) (except for products containing more than one active substance, for which the deadline to comply with Article 16(3) shall be the one set out in the last of the inclusion decisions relating to its active substances)’.

               (7)

               According to Article 4(1) of Directive 98/8/EC, a Member State receiving an application for mutual recognition of an existing authorisation has a period of 120 days to authorise the product through mutual recognition. However, if the first authorisation of a product is granted less than 120 days before the deadline for compliance with Article 16(3) of the Directive for that product, a Member State receiving a complete application for mutual recognition of that authorisation cannot comply with the deadline for compliance with Article 16(3) of the Directive if it uses the 120-day period provided for by Article 4(1) of the Directive, even if the complete application for mutual recognition was submitted without delay after the granting of the first authorisation.

               (8)

               For products for which the first authorisation is granted later than 120 days before the original deadline for compliance with Article 16(3) of Directive 98/8/EC, it is therefore appropriate to extend Member States’ deadline for complying with Article 16(3) of the Directive by mutually recognising the first authorisation to 120 days after the submission of the complete application for mutual recognition, provided that the complete application for mutual recognition has been submitted within 60 days of the granting of the first authorisation.

               (9)

               Furthermore, in a situation where a Member State proposes, within the deadline for compliance with Article 16(3) of Directive 98/8/EC, to derogate from mutual recognition of an authorisation in accordance with Article 4(4) of the Directive, that Member State’s compliance with Article 16(3) of the Directive within that deadline can be impossible, and will depend on the date when the Commission decision on the matter is adopted in accordance with the second subparagraph of Article 4(4) of the Directive. In such cases, the deadline should therefore be suspended until a reasonable period after the Commission decision has been adopted.

               (10)

               For products for which one or more Member States have proposed to derogate from mutual recognition in accordance with Article 4(4) of Directive 98/8/EC, it is therefore appropriate to extend Member States’ deadline for complying with Article 16(3) of the Directive by mutually recognising the first authorisation to 30 days after the adoption of the Commission decision.

               (11)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 98/8/EC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 March 2013 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 26 November 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 123, 24.4.1998, p. 1.

      (2)  OJ L 325, 11.12.2007, p. 3.

      (3)  OJ L 414, 30.12.2006, p. 78.

      ANNEX
      In Annex I to Directive 98/8/EC, the first row, which contains the headings to all entries, shall read as follows:

                     ‘No

                     Common Name

                     IUPAC Name
                     Identification Numbers

                     Minimum degree of purity of the active substance (1)

                     Date of inclusion

                     Deadline for compliance with Article 16(3), unless one of the exceptions indicated in the footnote to this heading applies (2)

                     Expiry date of inclusion

                     Product type

                     Specific provisions (3)

         (1)  The purity indicated in this column was the minimum degree of purity of the active substance used for the evaluation made in accordance with Article 11. The active substance in the product placed on the market can be of equal or different purity if it has been proven technically equivalent with the evaluated substance.

         (2)  For products containing more than one active substance covered by Article 16(2), the deadline for compliance with Article 16(3) is that of the last of its active substances to be included in this Annex. For products for which the first authorisation has been granted later than 120 days before the deadline for compliance with Article 16(3) and a complete application has been submitted for mutual recognition in accordance with Article 4(1) within 60 days of the granting of the first authorisation, the deadline for compliance with Article 16(3) in relation to that application is extended to 120 days after the date of reception of the complete application for mutual recognition. For products for which a Member State has proposed to derogate from mutual recognition in accordance with Article 4(4), the deadline for compliance with Article 16(3) is extended to 30 days after the date of the Commission Decision adopted in accordance with the second subparagraph of Article 4(4).

         (3)  For the implementation of the common principles of Annex VI, the content and conclusions of assessment reports are available on the Commission website: http://ec.europa.eu/comm/environment/biocides/index.htm’


Avis juridique important

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32002L0068

Council Directive 2002/68/EC of 19 July 2002 amending Directive 2002/57/EC on the marketing of seed of oil and fibre plants

Official Journal L 195 , 24/07/2002 P. 0032 - 0033

Council Directive 2002/68/ECof 19 July 2002amending Directive 2002/57/EC on the marketing of seed of oil and fibre plantsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 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:(1) Varietal associations of oil and fibre plants species should be included in the scope of Directive 2002/57/EC(3). The conditions to be satisfied by the varietal associations, including the colour of the official label required for packages of certified seed of varietal associations, should also be defined.(2) Owing to their increased importance in the Community, seed of hybrid varieties of oil and fibre plant species additional to sunflower should also be included in the scope of certain definitions of Directive 2002/57/EC.(3) Directive 2002/57/EC should therefore be amended accordingly.(4) Owing to the increased importance in the Community of such seed, the Commission adopted Decision 95/232/EC(4) with the aim of establishing the conditions to be satisfied by the seed of hybrids and varietal associations of swede rape and turnip rape. That Decision expired on 30 June 2002. It is therefore appropriate to keep the Community conditions concerning the marketing of those seeds pending the application of the new provisions,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 2002/57/EC is hereby amended as follows:1. in Article 2, the following paragraph shall be inserted: "3a. Amendments to be made to paragraph 1(c) and (d) for the purpose of including hybrids of oil and fibre plants other than sunflower within the scope of this Directive shall be adopted in accordance with the procedure laid down in Article 25(2);"2. in Article 12(1)(a), the following sentence shall be inserted after the second sentence: "In the case of certified seed of a varietal association, the label shall be blue with a diagonal green line;"3. the following Article shall be inserted: "Article 19a1. Member States shall permit seed of species of oil and fibre plants to be marketed in the form of a varietal association.2. For purposes of paragraph 1:(a) 'varietal association' means an association of certified seed of a specified pollinator-dependant hybrid officially admitted under Directive 2002/53/EC with certified seed of one or more specified pollinator(s), similarly admitted, and mechanically combined in proportions jointly determined by the persons responsible for the maintenance of these components, such combination having been notified to the certification authority;(b) 'pollinator-dependant hybrid' means the male-sterile component within the 'varietal association' (female component);(c) 'pollinator(s)' means the component shedding pollen within the 'varietal association' (male component).3. The seed of the female and male components shall be dressed using seed dressings of different colours."Article 2In Article 5(5) of Decision 95/232/CE the date "30 June 2002" shall be replaced by "30 June 2003".Article 31. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive no later than 30 June 2003. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.Article 2 shall apply from 1 July 2002.Article 5This Directive is addressed to the Member States.Done at Brussels, 19 July 2002.For the CouncilThe PresidentT. Pedersen(1) Opinion delivered on 2 July 2002 (not yet published in the Official Journal).(2) Opinion delivered on 17 July 2002 (not yet published in the Official Journal).(3) OJ L 193, 20.7.2002, p. 74.(4) OJ L 154, 5.7.1995, p. 22. Decision as last amended by Decision 2001/18/EC (OJ L 4, 9.1.2001, p. 36).