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31994L0027

European Parliament and Council Directive 94/27/EC of 30 June 1994 amending for the 12th time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations

Official Journal L 188 , 22/07/1994 P. 0001 - 0002 Finnish special edition: Chapter 13 Volume 26 P. 0128  Swedish special edition: Chapter 13 Volume 26 P. 0128

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE  94/27/ECof 30 June 1994amending for the 12th time (*) Directive 76/769/EEC on the approximation  of the laws, regulations and administrative provisions of the Member States relating to  restrictions on the marketing and use of certain dangerous substances and preparations THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure referred to in Article 189b of the Treaty (3), Whereas Article 8a of the Treaty establishes an area without internal frontiers in which the free  movement of goods, persons, services and capital is ensured; Whereas work on the internal market should gradually improve the quality of life, health protection  and consumer safety; whereas the measures proposed by this Directive are in line with the Council  resolution of 9 November 1989 on future priorities for relaunching consumer protection policy; Whereas the presence of nickel in certain objects coming into direct and prolonged contact with the  skin may cause sensitization of humans to nickel and may lead to allergic reactions; whereas for  these reasons the use of nickel in such objects should be limited; Whereas one Member State has already introduced a set of control measures on its territory to  counteract nickel sensitization and nickel allergy and a second Member State plans to introduce on  its territory a different set of control measures; whereas there is therefore a risk of barriers to  trade; Whereas the test methods to be used in demonstrating conformity with this Directive should be  defined and published before the Directive is implemented; whereas these test methods should be the  subject of a European standard; Whereas limitations already adopted or planned by certain Member States on the use of nickel  directly affect the completion and functioning of the internal market; whereas it is therefore  necessary to approximate the laws of the Member States in this field and consequently to amend  Annex I to Directive 76/769/EEC (4), HAVE ADOPTED THIS DIRECTIVE: Article 1Annex I to Directive 76/769/EEC is hereby supplemented Article 21.  Member States shall adopt the laws, regulations and administrative provisions necessary to comply  with this Directive not later than six months after publication by the Commission in the Official  Journal of the European Communities, of the standards adopted by the European Committee for  Standardization (CEN) on all the test methods used in demonstrating the conformity of the products  with this Directive, or six months after the adoption of this Directive if that date is later than  the former, so that: - six months after the expiry of one or other of those periods, whichever is applicable, no  manufacturer or importer may place on the market products which fail to comply with this  Directive, - 18 months after the expiry of one or other of those periods, whichever is applicable, products  which fail to comply with this Directive cannot be sold or made available to the final consumer,  unless they have been placed on the market before the expiry of the period in question. They shall forthwith inform the Commission thereof. 2. When Member States adopt the measures referred to in paragraph 1, 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. Article 3This Directive is addressed to the Member States. Done at Brussels, 30 June 1994. For the European ParliamentE. KLEPSCHThe PresidentFor the CouncilA. BALTASThe  President(*) The Commission proposal was presented at the 14th amendment of  Directive 76/769/EEC (OJ No C 116, 27. 4. 1993, p. 18). (1) OJ No C 116, 27. 4. 1993, p. 18. (2) OJ No C 304, 10. 11. 1993, p. 2. (3) Opinion of the European Parliament of 2 December 1993 (OJ No C 342, 20. 12. 1993, p. 15),  Council common position of 4 March 1994 (OJ No C 137, 19. 5. 1994, p. 60) and Decision of the  European Parliament of 5 May 1994 (not yet published). (4) OJ No L 262, 27. 9. 1976, p. 201. Directive as last amended by Directive 91/339/EEC (OJ No L  186, 12. 7. 1991, p. 64).  ANNEX '28. Nickel CAS No 7440-0-20 EINECS No 2311114 and its compoundsMay not be used: 1. in post assemblies which are inserted into pierced ears and other pierced parts of the human  body during epithelization of the wound caused by piercing, whether subsequently removed or not,  unless such post assemblies are homogeneous and the concentration of nickel - expressed as mass of  nickel to total mass - is less than 0,05 %; 2. in products intended to come into direct and prolonged contact with the skin such as: - earrings, - necklaces, bracelets and chains, anklets, finger rings, - wrist-watch cases, watch straps and tighteners, - rivet buttons, tighteners, rivets, zippers and metal marks, when these are used in garmentsif  the rate of nickel release from the parts of these products coming into direct and prolonged  contact with the skin is greater than 0,5 ìg/cm²/week; 3. in products such as those listed in point 2 where these have a non-nickel coating unless such  coating is sufficient to ensure that the rate of nickel release from those parts of such products  coming into direct and prolonged contact with the skin will not exceed 0,5 ìg/cm²/week for a period  of at least two years of normal use of the product. Furthermore, products which are the subject of points 1, 2 and 3, may not be placed on the market  unless they conform to the requirements set out in those points'.


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32003L0030

Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport

Official Journal L 123 , 17/05/2003 P. 0042 - 0046

Directive 2003/30/EC of the European Parliament and of the Councilof 8 May 2003on the promotion of the use of biofuels or other renewable fuels for transportTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) The European Council meeting at Gothenburg on 15 and 16 June 2001 agreed on a Community strategy for sustainable development consisting in a set of measures, which include the development of biofuels.(2) Natural resources, and their prudent and rational utilisation as referred to in Article 174(1) of the Treaty, include oil, natural gas and solid fuels, which are essential sources of energy but also the leading sources of carbon dioxide emissions.(3) However, there is a wide range of biomass that could be used to produce biofuels, deriving from agricultural and forestry products, as well as from residues and waste from forestry and the forestry and agrifoodstuffs industry.(4) The transport sector accounts for more than 30 % of final energy consumption in the Community and is expanding, a trend which is bound to increase, along with carbon dioxide emissions and this expansion will be greater in percentage terms in the candidate countries following their accession to the European Union.(5) The Commission White Paper "European transport policy for 2010: time to decide" expects CO2 emissions from transport to rise by 50 % between 1990 and 2010, to around 1113 million tonnes, the main responsibility resting with road transport, which accounts for 84 % of transport-related CO2 emissions. From an ecological point of view, the White Paper therefore calls for dependence on oil (currently 98 %) in the transport sector to be reduced by using alternative fuels such as biofuels.(6) Greater use of biofuels for transport forms a part of the package of measures needed to comply with the Kyoto Protocol, and of any policy package to meet further commitments in this respect.(7) Increased use of biofuels for transport, without ruling out other possible alternative fuels, including automotive LPG and CNG, is one of the tools by which the Community can reduce its dependence on imported energy and influence the fuel market for transport and hence the security of energy supply in the medium and long term. However, this consideration should not detract in any way from the importance of compliance with Community legislation on fuel quality, vehicle emissions and air quality.(8) As a result of technological advances, most vehicles currently in circulation in the European Union are capable of using a low biofuel blend without any problem. The most recent technological developments make it possible to use higher percentages of biofuel in the blend. Some countries are already using biofuel blends of 10 % and higher.(9) Captive fleets offer the potential of using a higher concentration of biofuels. In some cities captive fleets are already operating on pure biofuels and, in some cases, this has helped to improve air quality in urban areas. Member States could therefore further promote the use of biofuels in public transport modes.(10) Promoting the use of biofuels in transport constitutes a step towards a wider application of biomass which will enable biofuel to be more extensively developed in the future, whilst not excluding other options and, in particular, the hydrogen option.(11) The research policy pursued by the Member States relating to increased use of biofuels should incorporate the hydrogen sector to a significant degree and promote this option, taking into account the relevant Community framework programmes.(12) Pure vegetable oil from oil plants produced through pressing, extraction or comparable procedures, crude or refined but chemically unmodified, can also be used as biofuel in specific cases where its use is compatible with the type of engines involved and the corresponding emission requirements.(13) New types of fuel should conform to recognised technical standards if they are to be accepted to a greater extent by customers and vehicle manufacturers and hence penetrate the market. Technical standards also form the basis for requirements concerning emissions and the monitoring of emissions. Difficulties may be encountered in ensuring that new types of fuel meet current technical standards, which, to a large extent, have been developed for conventional fossil fuels. The Commission and standardisation bodies should monitor developments and adapt and develop actively standards, particularly volatility aspects, so that new types of fuel can be introduced, whilst maintaining environmental performance requirements.(14) Bioethanol and biodiesel, when used for vehicles in pure form or as a blend, should comply with the quality standards laid down to ensure optimum engine performance. It is noted that in the case of biodiesel for diesel engines, where the processing option is esterification, the standard prEN 14214 of the European Committee for Standardisation (CEN) on fatty acid methyl esters (FAME) could be applied. Accordingly, the CEN should establish appropriate standards for other transport biofuel products in the European Union.(15) Promoting the use of biofuels in keeping with sustainable farming and forestry practices laid down in the rules governing the common agricultural policy could create new opportunities for sustainable rural development in a more market-orientated common agriculture policy geared more to the European market and to respect for flourishing country life and multifunctional agriculture, and could open a new market for innovative agricultural products with regard to present and future Member States.(16) In its resolution of 8 June 1998(5), the Council endorsed the Commission's strategy and action plan for renewable energy sources and requested specific measures in the biofuels sector.(17) The Commission Green Paper "Towards a European strategy for the security of energy supply" sets the objective of 20 % substitution of conventional fuels by alternative fuels in the road transport sector by the year 2020.(18) Alternative fuels will only be able to achieve market penetration if they are widely available and competitive.(19) In its resolution of 18 June 1998(6), the European Parliament called for an increase in the market share of biofuels to 2 % over five years through a package of measures, including tax exemption, financial assistance for the processing industry and the establishment of a compulsory rate of biofuels for oil companies.(20) The optimum method for increasing the share of biofuels in the national and Community markets depends on the availability of resources and raw materials, on national and Community policies to promote biofuels and on tax arrangements, and on the appropriate involvement of all stakeholders/parties.(21) National policies to promote the use of biofuels should not lead to prohibition of the free movement of fuels that meet the harmonised environmental specifications as laid down in Community legislation.(22) Promotion of the production and use of biofuels could contribute to a reduction in energy import dependency and in emissions of greenhouse gases. In addition, biofuels, in pure form or as a blend, may in principle be used in existing motor vehicles and use the current motor vehicle fuel distribution system. The blending of biofuel with fossil fuels could facilitate a potential cost reduction in the distribution system in the Community.(23) Since the objective of the proposed action, namely the introduction of general principles providing for a minimum percentage of biofuels to be marketed and distributed, cannot be achieved sufficiently by the Member States by reason of the scale of the action, and can therefore be achieved better at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. 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.(24) Research and technological development in the field of the sustainability of biofuels should be promoted.(25) An increase in the use of biofuels should be accompanied by a detailed analysis of the environmental, economic and social impact in order to decide whether it is advisable to increase the proportion of biofuels in relation to conventional fuels.(26) Provision should be made for the possibility of adapting rapidly the list of biofuels, the percentage of renewable contents, and the schedule for introducing biofuels in the transport fuel market, to technical progress and to the results of an environmental impact assessment of the first phase of introduction.(27) Measures should be introduced for developing rapidly the quality standards for the biofuels to be used in the automotive sector, both as pure biofuels and as a blending component in the conventional fuels. Although the biodegradable fraction of waste is a potentially useful source for producing biofuels, the quality standard has to take into account the possible contamination present in the waste to avoid special components damaging the vehicle or causing emissions to deteriorate.(28) Encouragement of the promotion of biofuels should be consistent with security of supply and environmental objectives and related policy objectives and measures within each Member State. In doing so, Member States may consider cost-effective ways of publicising the possibilities of using biofuels.(29) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7),HAVE ADOPTED THIS DIRECTIVE:Article 1This Directive aims at promoting the use of biofuels or other renewable fuels to replace diesel or petrol for transport purposes in each Member State, with a view to contributing to objectives such as meeting climate change commitments, environmentally friendly security of supply and promoting renewable energy sources.Article 21. For the purpose of this Directive, the following definitions shall apply:(a) "biofuels" means liquid or gaseous fuel for transport produced from biomass;(b) "biomass" means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste;(c) "other renewable fuels" means renewable fuels, other than biofuels, which originate from renewable energy sources as defined in Directive 2001/77/EC(8) and used for transport purposes;(d) "energy content" means the lower calorific value of a fuel.2. At least the products listed below shall be considered biofuels:(a) "bioethanol": ethanol produced from biomass and/or the biodegradable fraction of waste, to be used as biofuel;(b) "biodiesel": a methyl-ester produced from vegetable or animal oil, of diesel quality, to be used as biofuel;(c) "biogas": a fuel gas produced from biomass and/or from the biodegradable fraction of waste, that can be purified to natural gas quality, to be used as biofuel, or woodgas;(d) "biomethanol": methanol produced from biomass, to be used as biofuel;(e) "biodimethylether": dimethylether produced from biomass, to be used as biofuel;(f) "bio-ETBE (ethyl-tertio-butyl-ether)": ETBE produced on the basis of bioethanol. The percentage by volume of bio-ETBE that is calculated as biofuel is 47 %;(g) "bio-MTBE (methyl-tertio-butyl-ether)": a fuel produced on the basis of biomethanol. The percentage by volume of bio-MTBE that is calculated as biofuel is 36 %;(h) "synthetic biofuels": synthetic hydrocarbons or mixtures of synthetic hydrocarbons, which have been produced from biomass;(i) "biohydrogen": hydrogen produced from biomass, and/or from the biodegradable fraction of waste, to be used as biofuel;(j) "pure vegetable oil": oil produced from oil plants through pressing, extraction or comparable procedures, crude or refined but chemically unmodified, when compatible with the type of engines involved and the corresponding emission requirements.Article 31. (a) Member States should ensure that a minimum proportion of biofuels and other renewable fuels is placed on their markets, and, to that effect, shall set national indicative targets.(b) (i) A reference value for these targets shall be 2 %, calculated on the basis of energy content, of all petrol and diesel for transport purposes placed on their markets by 31 December 2005.(ii) A reference value for these targets shall be 5,75 %, calculated on the basis of energy content, of all petrol and diesel for transport purposes placed on their markets by 31 December 2010.2. Biofuels may be made available in any of the following forms:(a) as pure biofuels or at high concentration in mineral oil derivatives, in accordance with specific quality standards for transport applications;(b) as biofuels blended in mineral oil derivatives, in accordance with the appropriate European norms describing the technical specifications for transport fuels (EN 228 and EN 590);(c) as liquids derived from biofuels, such as ETBE (ethyl-tertio-butyl-ether), where the percentage of biofuel is as specified in Article 2(2).3. Member States shall monitor the effect of the use of biofuels in diesel blends above 5 % by non-adapted vehicles and shall, where appropriate, take measures to ensure compliance with the relevant Community legislation on emission standards.4. In the measures that they take, the Member States should consider the overall climate and environmental balance of the various types of biofuels and other renewable fuels and may give priority to the promotion of those fuels showing a very good cost-effective environmental balance, while also taking into account competitiveness and security of supply.5. Member States shall ensure that information is given to the public on the availability of biofuels and other renewable fuels. For percentages of biofuels, blended in mineral oil derivatives, exceeding the limit value of 5 % of fatty acid methyl ester (FAME) or of 5 % of bioethanol, a specific labelling at the sales points shall be imposed.Article 41. Member States shall report to the Commission, before 1 July each year, on:- the measures taken to promote the use of biofuels or other renewable fuels to replace diesel or petrol for transport purposes,- the national resources allocated to the production of biomass for energy uses other than transport, and- the total sales of transport fuel and the share of biofuels, pure or blended, and other renewable fuels placed on the market for the preceding year. Where appropriate, Member States shall report on any exceptional conditions in the supply of crude oil or oil products that have affected the marketing of biofuels and other renewable fuels.In their first report following the entry into force of this Directive, Member States shall indicate the level of their national indicative targets for the first phase. In the report covering the year 2006, Member States shall indicate their national indicative targets for the second phase.In these reports, differentiation of the national targets, as compared to the reference values referred to in Article 3(1)(b), shall be motivated and could be based on the following elements:(a) objective factors such as the limited national potential for production of biofuels from biomass;(b) the amount of resources allocated to the production of biomass for energy uses other than transport and the specific technical or climatic characteristics of the national market for transport fuels;(c) national policies allocating comparable resources to the production of other transport fuels based on renewable energy sources and consistent with the objectives of this Directive.2. By 31 December 2006 at the latest, and every two years thereafter, the Commission shall draw up an evaluation report for the European Parliament and for the Council on the progress made in the use of biofuels and other renewable fuels in the Member States.This report shall cover at least the following:(a) the cost-effectiveness of the measures taken by Member States in order to promote the use of biofuels and other renewable fuels;(b) the economic aspects and the environmental impact of further increasing the share of biofuels and other renewable fuels;(c) the life-cycle perspective of biofuels and other renewable fuels, with a view to indicating possible measures for the future promotion of those fuels that are climate and environmentally friendly, and that have the potential of becoming competitive and cost-efficient;(d) the sustainability of crops used for the production of biofuels, particularly land use, degree of intensity of cultivation, crop rotation and use of pesticides;(e) the assessment of the use of biofuels and other renewable fuels with respect to their differentiating effects on climate change and their impact on CO2 emissions reduction;(f) a review of further more long-term options concerning energy efficiency measures in transport.On the basis of this report, the Commission shall submit, where appropriate, proposals to the European Parliament and to the Council on the adaptation of the system of targets, as laid down in Article 3(1). If this report concludes that the indicative targets are not likely to be achieved for reasons that are unjustified and/or do not relate to new scientific evidence, these proposals shall address national targets, including possible mandatory targets, in the appropriate form.Article 5The list contained in Article 2(2) may be adapted to technical progress in accordance with the procedure referred to in Article 6(2). When adapting this list, the environmental impact of biofuels shall be taken into account.Article 61. The Commission shall be assisted by a Committee.2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its Rules of Procedure.Article 71. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or 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.2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.Article 8This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.Article 9This Directive is addressed to the Member States.Done at Brussels, 8 May 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentM. Chrisochoïdis(1) OJ C 103 E, 30.4.2002, p. 205 and OJ C 331 E, 31.12.2002, p. 291.(2) OJ C 149, 21.6.2002, p. 7.(3) OJ C 278, 14.11.2002, p. 29.(4) Opinion of the European Parliament of 4 July 2002 (not yet published in the Official Journal), Council Common Position of 18 November 2002 (OJ C 32 E, 11.2.2003, p. 1) and decision of the European Parliament of 12 March 2003 (not yet published in the Official Journal).(5) OJ C 198, 24.6.1998, p. 1.(6) OJ C 210, 6.7.1998, p. 215.(7) OJ L 184, 17.7.1999, p. 23.(8) Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (OJ L 283, 27.10.2001, p. 33).


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31974L0061

Council Directive 74/61/EEC of 17 December 1973 on the approximation of the laws of the Member States relating to devices to prevent the unauthorized use of motor vehicles

Official Journal L 038 , 11/02/1974 P. 0022 - 0028 Finnish special edition: Chapter 13 Volume 3 P. 0206  Greek special edition: Chapter 13 Volume 2 P. 0188  Swedish special edition: Chapter 13 Volume 3 P. 0206  Spanish special edition: Chapter 13 Volume 3 P. 0162  Portuguese special edition Chapter 13 Volume 3 P. 0162

COUNCIL DIRECTIVE  of 17 December 1973  on the approximation of the laws of the Member States relating to devices to prevent the unauthorized use of motor vehicles  (74/61/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the European Parliament (1);  Having regard to the Opinion of the Economic and Social Committee (2);  Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to devices to prevent the unauthorized use of such vehicles;  Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements, either in addition to or in place of their existing rules, in order in particular to allow the EEC type approval procedure which was the subject of the Council Directive of 6 February 1970 (3) on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers to be applied in respect of each type of vehicle;  Whereas as regards the technical requirements it is advisable to follow basically those adopted by the UN Economic Commission for Europe in its Regulation No 18 (4) ("Uniform provisions concerning the approval of vehicles with regard to their protection against unauthorized use"), which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts,  HAS ADOPTED THIS DIRECTIVE:    Article 1 For 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, with the exception of vehicles which run on rails, agricultural tractors and machinery and engineering plant.   Article 2 No Member State may refuse to grant EEC type approval or national type approval of a vehicle on grounds relating to the device to prevent unauthorized use if such device meets the requirements set out in Annex I.   Article 3 No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to the device to prevent unauthorized use if such device meets the requirements set out in Annex I.   Article 4 The Member State which has granted type approval shall take the necessary measures to be informed of any modification of a part or characteristic referred to in item 2.2. of Annex I. The competent authorities of that State shall determine whether fresh tests should be carried out on the modified vehicle and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.  (1)OJ No C 112, 27.10.1972, p. 16. (2)OJ No C 60, 26.7.1973, p. 12. (3)OJ No L 42, 23.2.1970, p. 1. (4)EEC, Geneva, E/ECE/324 - E/ECE/TRANS/505/Rev. Add. 17.    Article 5 The amendments necessary for- adjusting the requirements of Annexes I and II so as to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive of 6 February 1970 on the harmonization of the laws of the Member States relating to the type-approval of motor vehicles and their trailers.   Article 6 1. Member States shall put into force the provisions needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 7 This Directive is addressed to the Member States.     Done at Brussels, 17 December 1973.  For the Council  The President  I. NØRGAARD     ANNEX I (1) SCOPE, DEFINITIONS, APPLICATION FOR EEC TYPE APPROVAL, AND SPECIFICATIONS    1. FITTING OF DEVICE  Every vehicle in Categories M1 and N1 (defined in Annex I of the Directive of 6 February 1970) must be equipped with a device to prevent unauthorized use. The fitting of this device on vehicles of other categories shall be optional.       2. DEFINITIONS  For the purposes of this Directive    (2.1.)     2.2. "vehicle type" means, in the context of preventing its unauthorized use, a category of motor vehicles which do not differ in such essential respect as:      2.2.1. the manufacturer's description of the vehicle type;           2.2.2. the arrangement and design of the vehicle component or components on which the protective device acts;           2.2.3. the type of protective device;               2.3. "protective device" means the totality of the components designed to prevent the unauthorized use of the vehicle. The protective device is constituted by combining a device preventing the engine from being started by means of the normal control with one of the following devices. The protective device may be one:      - acting on the steering,           - acting on the gear-shift control,           - acting on the transmission, or           - preventing the engine from running.        2.3.1. Devices preventing the release of the vehicle's brakes only are not considered to be "protective devices";                        (2.4.)     2.5. "steering mechanism" means the steering control, the steering column and its accessory cladding, the steering shaft, the steering gear box, and all such other components as those designed to participate in absorbing energy in the event of collision with the steering-wheel.       3. APPLICATION FOR EEC TYPE APPROVAL      3.1. The application for approval of a type of vehicle with regard to the protective device to prevent its unauthorized use shall be submitted by the vehicle manufacturer or by his duly accredited representative.           3.2. It shall be accompanied by the undermentioned documents, in triplicate, and by the following particulars:  (1)The text of the Annex is almost identical to that of UN Economic Community for Europe Regulation No 18 ; in particular, the point numbers are the same ; for this reason, if an item from Regulation No 18 has no equivalent in this Directive, the number is shown in brackets as a reminder.         3.2.1. a detailed description of the vehicle type with regard to the arrangement and design of the control or of the unit on which the protective device acts;               3.2.2. drawings, on an appropriate scale and in sufficient detail, of the protective device and of its mounting on the vehicle;               3.2.3. a technical description of the device.                          3.3. There shall be submitted to the technical service responsible for conducting the type approval tests:        3.3.1. a vehicle representative of the vehicle type to be approved, and               3.3.2. at the request of the technical service, such components of the vehicle as that service deems essential for the checks prescribed in points 5 and 6.                                 4. EEC TYPE APPROVAL (4.1.)  (4.2.)  4.3. A certificate conforming to the model shown in Annex II shall be attached to the EEC type approval certificate.  (4.4.)  (4.4.1.)   (4.4.2.)  (4.5.)  (4.6.)       5. GENERAL SPECIFICATIONS      5.1. The protective device shall be so designed that it is necessary to put it out of action in order to enable:        5.1.1. the engine to be started by means of the normal control or               5.1.2. the vehicle to be driven or shifted forward under its own power.                          5.2. When the device is in action, those of its parts which are necessary for complying with the condition of point 5.1.2 above shall be incapable of being rendered ineffective by simple means.           5.3. The engine shall be started and the requirements of point 5.1 shall be satisfied only by the action of one key on a single lock ; except in the case laid down in point 6.1.6, the key shall not be capable of being completely removed from the lock unless the protective device referred to in point 5.1 has come into action or been set to act.           5.4. The protective device referred to in point 5.1 above shall be so designed that it cannot rapidly and without attracting attention be opened, rendered ineffective or destroyed.           5.5. The protective device shall be mounted on the vehicle as an item of permanent equipment. It shall be fitted in such a way that even after removal of its housing it cannot, when in the locked condition, be dismantled otherwise than with special tools. If it would be possible to render the protective device ineffective by the removal of screws, the screws shall, unless they are non-removable screws, be covered by parts of the locked protective device.           5.6. The lock shall be securely assembled in the protective device.            5.7. The locks used shall comprise not less than 1 000 different combinations, that is, the key appropriate to one combination shall not be capable of opening more than an average of one lock in 1 000. In the vehicles of one type the frequency of occurrence of each combination shall be roughly one per 1 000.           5.8. Protective devices shall be such as to exclude any risk, while the vehicle is in motion, of accidental locking likely to compromise safety.           5.9. If the operation of the protective device requires the use of an energy reserve other than the energy of the driver, that energy reserve shall be used only to activate the device's locking and unlocking system. The protective device shall be kept in position by purely mechanical means.           5.10. The protective device may be additionally equipped with an external acoustic warning device which will be activated on any attempt to unlock the device, render it inoperative or destroy it ; the signals emitted shall be brief and shall end automatically after not more than 30 seconds ; they shall recommence only if the device is activated again. In addition, it shall be emitted by the normal warning device fitted on the vehicle.  (5.10.1.)   (5.10.2.)        6. PARTICULAR SPECIFICATIONS  In addition to the general specifications prescribed in point 5, if the protective device is of a type acting on the steering, on the transmission or on the gear-shift control, it shall comply with the particular conditions prescribed below for such types of device.    6.1. Protective devices acting on the steering      6.1.1. A protective device acting on the steering shall lock the steering.           6.1.2. It shall not be possible for the steering to be locked inadvertently when the key is in the lock of the protective device, even if the device preventing starting of the engine has come into action or been set to act.           6.1.3. It shall not be possible to switch on the ignition of a petrol-engined vehicle or to start the engine of a diesel-engined vehicle by means of the normal control, until a lock acting on the steering has been opened.           6.1.4. When the protective device is set to act, it shall not in any event be possible to prevent engagement of the bolt in its counterpart.           6.1.5. The bolt shall engage to a sufficient depth to ensure that the protective device continues to be effective even after it has undergone some degree of wear.           6.1.6. If the protective device is such that the key can be removed in a position other than the position in which the steering is locked, it shall be so designed that the manoeuvre required to reach that position and remove the key cannot be effected inadvertently.           6.1.7. The protective device shall be strong enough to withstand, without damage to the steering mechanism likely to compromise safety, the application in both directions parallel to the axis of the steering shaft, and in static conditions, of a torque of 19.6 mdaN.                  6.2. Protective devices acting on the transmission  A protective device acting on the transmission shall prevent the rotation of the vehicle's driving wheels.        6.3. Protective devices acting on the gear-shift control    6.3.1. A protective device acting on the gear-shift control shall be capable of preventing any change of gear.       6.3.2. In the case of manual gear-boxes, it shall be possible to lock the gear-shift lever in the following positions only : reverse plus neutral, or reverse only.       6.3.3. In the case of automatic gear-boxes, locking shall be possible in the "Parking" position only ; additional locking in the "neutral" position shall be permissible.    (7.)     (8.)     (9.)     (10.)     (11.)           ANNEX II >PIC FILE= "T0005468">


Avis juridique important

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31999L0099

Commission Directive 1999/99/EC of 15 December 1999 adapting to technical progress Council Directive 80/1269/EEC on the approximation of the laws of the Member States relating to the engine power of motor vehicles (Text with EEA relevance)

Official Journal L 334 , 28/12/1999 P. 0032 - 0035

COMMISSION DIRECTIVE 1999/99/ECof 15 December 1999adapting to technical progress Council Directive 80/1269/EEC on the approximation of the laws of the Member States relating to the engine power of motor vehicles(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(1), as last amended by Directive 98/91/EC of the European Parliament and of the Council(2), and in particular Article 13(2) thereof,Having regard to Council Directive 80/1269/EEC of 16 December 1980 on the approximation of the laws of the Member States relating to the engine power of motor vehicles(3), as last amended by Commission Directive 97/21/EC(4), and in particular Article 3 thereof,Whereas:(1) Directive 80/1269/EEC is one of the separate Directives of the EC type-approval procedure which was 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 this Directive.(2) In the framework of the type-approval of gas-fuelled vehicles (LPG and NG), it is necessary to introduce provisions into Directive 80/1269/EEC for the measurement of the engine power of such vehicles, in particular with regard to the test fuels to be used, as defined in Commission Directive 98/77/EC of 2 October 1998 adapting to technical progress Council Directive 70/220/EEC on the approximation of the laws of the Member States relating to the measures to be taken against air pollution by emissions for motor vehicles(5). In this respect, it is appropriate to follow the technical requirements adopted by the United Nations Economic Commission for Europe in its Regulation No 85(6).(3) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Annex I to Directive 80/1269/EEC is hereby amended in accordance with the Annex to this Directive.Article 21. With effect from 1 January 2000 Member States may not, on grounds relating to engine power:- refuse, in respect of any given type of motor vehicle, to grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, or- refuse to grant national type-approval, or- prohibit the registration, sale or entry into service of vehicles pursuant to Article 7 of Directive 70/156/EEC,if the engine power figures have been determined in accordance with the requirements of Directive 80/1269/EEC as amended by this Directive.2. With effect from 1 January 2000, Member States:- shall no longer grant EC type-approval pursuant to Article 4(1) of Directive 70/156/EEC, and- may refuse to grant national type-approval, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked,for a type of vehicle if the engine power has not been determined in accordance with the requirements of Directive 80/1269/EEC, as amended by this Directive.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1999. They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 4This Directive shall enter into force on the third day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Members States.Done at Brussels, 15 December 1999.For the CommissionErkki LIIKANENMember of the Commission(1) OJ L 42, 23.2.1970, p. 1.(2) OJ L 11, 16.1.1999, p. 25.(3) OJ L 375, 31.12.1980, p. 46.(4) OJ L 125, 16.5.1997, p. 31.(5) OJ L 286, 23.10.1998, p. 34.(6) UN/ECE Regulation No 85 (E/ECE324-E/ECE/TRANS/505/Rev.1/Add. 84), as amended.ANNEXAMENDMENTS TO ANNEX I TO DIRECTIVE 80/1269/EEC1. Item 5.3.11 is replaced by the following: "5.3.11. the fuel used shall be the following:5.3.11.1. For positive ignition engine fuelled with petrol:the fuel used shall be the one available on the market. In any case of dispute, the reference fuel specified in Annex IX, first point, of Directive 70/220/EEC, as last amended, shall be used. Instead of the abovementioned reference fuel, the reference fuels defined by the CEC(1) for petrol-fuelled engines in CEC document RF-08-A-85, may be used.5.3.11.2. For positive ignition engines fuelled with LPG:5.3.11.2.1. In the case of an engine with self-adaptive fuelling:the fuel used shall be the one available on the market. In any case of dispute the fuel shall be one of the reference fuels specified in Annex IX a of Directive 70/220/EEC, as last amended.5.3.11.2.2. In the case of an engine without self-adaptive fuelling:the fuel used shall be the reference fuel specified in Annex IX a of Directive 70/220/EEC, as last amended, with the lowest C3 content, or5.3.11.2.3. In the case of an engine labelled for one specific fuel composition:the fuel used shall be the fuel for which the engine is labelled.5.3.11.2.4. The fuel used shall be specified in the test report.5.3.11.3. For positive ignition engines fuelled with NG:5.3.11.3.1. In the case of an engine with self-adaptive fuelling:the fuel used shall be the one available on the market. In any case of dispute the fuel shall be one of the reference fuels specified in Annex IX a of Directive 70/220/EEC, as last amended.5.3.11.3.2. In the case of an engine without self-adaptive fuelling:the fuel used shall be the one available on the market with a Wobbe index at least 52,6MJm-3 (0 °C, 101,3 kPa). In any case of dispute the fuel used shall be the reference fuel G20 specified in Annex IX a of Directive 70/220/EEC, as last amended, i.e. the fuel with the highest Wobbe Index, or5.3.11.3.3. In the case of an engine labelled for a specific range of fuels:the fuel used shall be the one available on the market with a Wobbe Index at least 52,6 MJm-3 (0 °C, 101,3 kPa) if the engine is labelled for the H-range of gases, or at least 47,2 MJm-3 (0 °C, 101,3 kPa) if the engine is labelled for the L-range of gases. In any case of dispute the fuel used shall be the reference fuel G20, specified in Annex IX a of Directive 70/220/EEC, as last amended, if the engine is labelled for the H-range of gases, or the reference fuel G23 if the engine is labelled for the L-range of gases, i.e. the fuel with the highest Wobbe for the relevant range, or5.3.11.3.4. In the case of an engine labelled for one specific fuel composition:the fuel used shall be the fuel for which the engine is labelled.5.3.11.3.5. The fuel used shall be specified in the test report.5.3.11.4. For compression ignition engines:the fuel used shall be the one available on the market. In any case of dispute, the reference fuel specified in Annex IX, second point, of Directive 70/220/EEC, as last amended, shall be used. Instead of the abovementioned reference fuel, the reference fuel defined by the CEC(2) for compression ignition engines in CEC documents RF-03--A-84 may be used.5.3.11.5. Positive ignition engines of vehicles that can run either on petrol or on a gaseous fuel, are to be tested with both fuels, in accordance with the provisions in items 5.3.11.1 to 5.3.11.3. The vehicles that can be fuelled with both petrol and a gaseous fuel, but where the petrol system is fitted for emergency purposes or starting only and of which the petrol tank cannot contain more than 15 litres of petrol will be regarded for the test as vehicles that can only run a gaseous fuel."2. Footnote 1 is added at the end of item 8.1, to read: "(1) The manufacturer may only declare one value as long as the engine power is the same within one variant of the engine type. Each variant must be clearly defined."3. Item 3.2.2. of Appendix 1 shall read as follows: "3.2.2. Fuel: diesel oil/petrol/LPG/NG(1)"4. Items 3.2.15. and 3.2.16. of Appendix 1 are added as follows: ">PIC FILE= "L_1999334EN.003501.EPS">"5. Footnote 3 is added at the end of Appendix 1, to read: "(3) When this Directive will be amended to cover gaseous fuel tanks."6. Item 1.1.3. of the Addendum to Appendix 2 shall read as follows: "1.1.3. Fuel: diesel oil/petrol/LPG/NG(1)."(1) Coordinating European Council for the Development of Performance Tests for Lubricants and Engine Fuels.(2) Coordinating European Council for the Development of Performance Tests for Lubricants and Engine Fuels.


title: Directive 2005/41/EC of the European Parliament and of the Council of 7 September 2005 amending Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts   (Text with EEA relevance)

text:
               30.9.2005

               EN

               Official Journal of the European Union

               L 255/149

      DIRECTIVE 2005/41/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 7 September 2005
   amending Council Directive 76/115/EEC on the approximation of the laws of the Member States relating to anchorages for motor-vehicle safety belts
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Research has shown that the use of safety belts and restraint systems can contribute to a substantial reduction in the number of fatalities and the severity of injury in the event of an accident, even due to rollover. Their fitting in all categories of vehicles will certainly constitute an important step forward in bringing about an increase in road safety and a consequent saving of lives.

               (2)

               A substantial benefit to society can be attained if all vehicles are provided with safety belts.

               (3)

               In its Resolution of 18 February 1986 on common measures to reduce road accidents, as part of the Community's programme for road safety (3), the European Parliament stressed the need for making the wearing of safety belts compulsory for all passengers, including children, except in public service vehicles. Therefore, a distinction has to be made between public service buses and other vehicles as regards the compulsory installation of safety belts and/or restraint systems.

               (4)

               Pursuant 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 (4), the Community type-approval system has only been implemented for all new vehicles of category M1 since 1 January 1998. Consequently, only these vehicles have to be fitted with anchorages intended for safety belts and/or restraint systems fulfilling the provisions of Directive 76/115/EEC (5).

               (5)

               Until the Community type-approval system is extended to all categories of vehicles, the installation of anchorages intended for safety belts and/or restraint systems should be required, in the interests of road safety, in vehicles belonging to categories other than M1.

               (6)

               Directive 76/115/EEC already provides for all technical and administrative provisions allowing the type-approval of vehicles of categories other than M1. Therefore, the Member States do not need to introduce further provisions.

               (7)

               Since the entry into force of Commission Directive 96/38/EC of 17 June 1996 adapting to technical progress Council Directive 76/115/EEC relating to anchorages for motor vehicle safety belts, several Member States have already made compulsory the provisions contained therein in respect of certain categories of vehicles other than M1. Manufacturers and their suppliers have thus developed appropriate technology.

               (8)

               Directive 76/115/EEC should be amended accordingly.

               (9)

               Since the objective of this Directive, namely the improvement of road safety by the introduction of the compulsory fitting of safety belts in certain categories of vehicles, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. 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,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments to Directive 76/115/EEC
   Directive 76/115/EEC is hereby amended as follows:

               (1)

               In Article 2 the following paragraph shall be added:
               ‘Vehicles of category M2 and M3 shall be subdivided into classes as defined in section 2 of Annex I to Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat (6).

               (2)

               Annex I shall be amended as follows:

                           (a)

                           point 1.9. shall be deleted;

                           (b)

                           point 4.3.1. shall be replaced by the following:

                                       ‘4.3.1.

                                       Vehicles belonging to categories M1, M2 (of class III or B), M3 (of class III or B) and N must be equipped with anchorages for safety belts conforming to the requirements of this Directive.’;

                           (c)

                           point 4.3.8. shall be replaced by the following:

                                       ‘4.3.8.

                                       For seating intended solely for use when the vehicle is stationary, as well as any seats of any vehicle not covered in points 4.3.1. to 4.3.5., no belt anchorages are required. If the vehicle is fitted with anchorages for such seats, these anchorages must comply with the provisions of this Directive. However, any anchorage intended solely for use in conjunction with a disabled person's belt, or any other restraint system mentioned in Article 2a of Council Directive 77/541/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (7), need not conform to the requirements of this Directive provided it is designed and constructed under national legal requirements to provide the maximum practical level of safety.

         Article 2
   Measures envisaged for disabled people
   No later than 20 April 2008, the Commission shall examine specific procedures to harmonise requirements for anchorages intended solely for use in conjunction with a disabled person's belt, or any other restraint system mentioned in Article 2a of Directive 77/541/EEC, based upon existing international standards and national legal requirements, in order to provide an equivalent level of safety to this Directive. If appropriate, the Commission shall present draft measures. Amendments to this Directive shall be adopted in accordance with Article 13 of Directive 70/156/EEC.
   Article 3
   Implementation
   1.   As from 20 April 2006, with respect to the anchorages for safety belts which comply with the requirements set out in Directive 76/115/EEC as amended by this Directive, Member States shall not:

               (a)

               refuse to grant EC type-approval or national type-approval, in respect of a type of vehicle;

               (b)

               prohibit the registration, sale or entry into service of new vehicles.

         2.   As from 20 October 2006, with respect to the anchorages for safety belts which do not comply with the requirements set out in Directive 76/115/EEC as amended by this Directive, Member States shall, in respect of a new type of vehicle:

               (a)

               no longer grant EC type-approval;

               (b)

               refuse to grant national type-approval.

         3.   As from 20 October 2007, with respect to the anchorages for safety belts which do not comply with the requirements set out in Directive 76/115/EEC as amended by this Directive, Member States shall:

               (a)

               consider certificates of conformity which accompany new vehicles as no longer valid for the purpose of Article 7(1) of Directive 70/156/EEC;

               (b)

               refuse the registration, sale or entry into service of new vehicles, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked.

         Article 4
   Transposition
   1.   Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before 20 April 2006. They shall forthwith inform the Commission thereof.
   2.   They shall apply those measures from 21 April 2006.
   3.   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. The methods of making such reference shall be laid down by Member States.
   4.   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 5
   Entry into force
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 6
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 7 September 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         C. CLARKE

      (1)  OJ C 80, 30.3.2004, p. 8.

      (2)  Opinion of the European Parliament of 17 December 2003 (OJ C 91 E, 15.4.2004, p. 496), Council Common Position of 24 January 2005 (OJ C 111 E, 11.5.2005, p. 23), Position of the European Parliament of 26 May 2005 (not yet published in the Official Journal).

      (3)  OJ C 68, 24.3.1986, p. 35.

      (4)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/78/EC (OJ L 153, 30.4.2004, p. 103).

      (5)  OJ L 24, 30.1.1976, p. 6. Directive as last amended by Commission Directive 96/38/EC (OJ L 187, 26.7.1996, p. 95).

      (6)  OJ L 42, 13.2.2002, p. 1.’

      (7)  OJ L 220, 29.8.1977, p. 95. Directive as last amended by the 2003 Act of Accession.’


Avis juridique important

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31980L0891

Commission Directive 80/891/EEC of 25 July 1980 relating to the Community method of analysis for determining the erucic acid content in oils and fats intended to be used as such for human consumption and foodstuffs containing added oils or fats

Official Journal L 254 , 27/09/1980 P. 0035 - 0041 Finnish special edition: Chapter 13 Volume 11 P. 0008  Greek special edition: Chapter 13 Volume 11 P. 0007  Swedish special edition: Chapter 13 Volume 11 P. 0008  Spanish special edition: Chapter 13 Volume 11 P. 0076  Portuguese special edition Chapter 13 Volume 11 P. 0076

COMMISSION DIRECTIVE  of 25 July 1980  relating to the Community method of analysis for determining the erucic acid content in oils and fats intended to be used as such for human consumption and foodstuffs containing added oils or fats  (80/891/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/621/EEC of 20 July 1976 relating to the fixing of the maximum level of erucic acid in oils and fats intended as such for human consumption and in foodstuffs containing added oils or fats (1), and in particular Article 3 thereof,  Whereas Article 2 of Directive 76/621/EEC provides that, as from 1 July 1979, the erucic acid content of the products referred to in Article 1 of that Directive, calculated on the total level of fatty acids in the fat component, may not be greater than 5 %;  Whereas Article 3 of Directive 76/621/EEC provides that the erucic acid content shall be determined by a Community method of analysis;  Whereas Regulation (EEC) No 1470/68 of 23 September 1968 on the drawing and reduction of samples and the determination of the oil content, impurities and moisture in oil seeds (2), lays down in Annex VI, as introduced by Regulation (EEC) No 72/77 (3), a method of analysis determining the erucic acid content of colza and rape seeds ; whereas this method should be used as a screening method;  Whereas it is not possible, when the constituent fatty acids of oils and fats are analyzed by gas-liquid chromatography under normal conditions, to distinguish erucic acid from other isomers of docosenoic acid such as cetoleic acid;  Whereas it is necessary to determine the level of erucic acid in oils and fats, as well as in foodstuffs to which oils or fats have been added, which may contain cetoleic acid and other isomers of docosenoic acid;  Whereas the level of erucic acid need not be determined in oils and fats and in foodstuffs to which oils or fats have been added when, after using the screening analysis methods, they have been found not to contain more than 5 % of total docosenoic acids or of cis-docosenoic acids;  Whereas, pending the introduction of an improved method of analysis for the determination of erucic acid, this method of analysis is considered to be the most suitable at present;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Foodstuffs,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall require that the analysis necessary for the determination of the erucic acid content of the products referred to in Article 1 of Directive 76/621/EEC be carried out as laid down in Article 2.   Article 2 1. For screening purposes either of the following shall be determined:    (a) the total docosenoic acid content of products referred to in Article 1 using the method set out in Annex VI to Regulation (EEC) No 1470/68 ; or       (b) the total cis-docosenoic acid content of products referred to in Article 1, by the method set out in Annex VI to Regulation (EEC) No 1470/68 using gas-liquid chromatography in conditions whereby the cis- and trans-isomers of docosenoic acids are separated ; stationary phases suitable for this purpose are, for example, the cyanopropylpolysiloxanes or liquid crystals.         2. If the total content of either:    (a) docosenoic acids, determined according to paragraph 1 (a), or       (b) cis-docosenoic acids, determined according to paragraph 1 (b),   (1)OJ No L 202, 28.7.1976, p. 35. (2)OJ No L 239, 28.9.1968, p. 2. (3)OJ No L 12, 15.1.1977, p. 11.   of the products referred to in Article 1, calculated on their total fatty acid content in the fat component, does not exceed 5 %, no further determination shall be required. Otherwise, the erucic acid content shall be determined by the method set out in the Annex hereto.   Article 3 Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 1 February 1982. They shall forthwith inform the Commission thereof.   Article 4 This Directive is addressed to the Member States.     Done at Brussels, 25 July 1980.  For the Commission  Étienne DAVIGNON  Member of the Commission     ANNEX THE DETERMINATION OF THE ERUCIC ACID CONTENT IN OILS AND FATS INTENDED TO BE USED AS SUCH FOR HUMAN CONSUMPTION AND IN THE FAT OR OIL COMPONENT OF FOODSTUFFS TO WHICH OILS OR FATS HAVE BEEN ADDED  I. INTRODUCTION      1. SAMPLE PREPARATION      1.1. General  The mass of the sample presented to the laboratory for analysis shall normally be 50 g unless a larger quantity is required.           1.2. Preparation of the sample for analysis in the laboratory  The sample must be homogenized before it is analyzed.           1.3. Containers  A sample so prepared shall be stored in an air-tight and moisture-tight container.                  2. REAGENTS      2.1. Water        2.1.1. Where water is required as a solvent, diluent or for washing, distilled water or demineralized water of at least equivalent purity shall be used.               2.1.2. Where "solution" or "dilution" is mentioned without any other reagent being specified, an aqueous solution or dilution is meant.                          2.2. Chemicals  All chemicals used, shall be of recognized analytical quality except where otherwise specified.                  3. APPARATUS      3.1. List of apparatus  This list contains only those items with a specialized use and with a specification.           3.2. Analytical balance  "Analytical balance" means a balance with a sensitivity of 0 71 mg or better.                  4. EXPRESSION OF THE RESULTS      4.1. Results  The result referred to in the official analysis report shall be the mean value obtained from not less than two determinations, the repeatability of which is satisfactory.           4.2. Calculation of the percentage  Unless otherwise stated the results shall be expressed as percentages (m/m) of the total fatty acids in the sample as received by the laboratory.           4.3. Number of significant figures  The number of significant figures in the result so expressed shall be governed by the precision of the method.                     II. DETERMINATION OF ERUCIC ACID      1. SCOPE AND FIELD OF APPLICATION  The method determines the erucic acid content of:      (i) oils and fats containing cetoleic acid (a particular cis-isomer of docosenoic acid which occurs in fish oils), and           (ii) hydrogenated oils and fats containing trans and cis-isomers of docosenoic acid.                  2. DEFINITION  Erucic acid content : the content of erucic acid as determined by the method specified.       3. PRINCIPLE  The methyl esters of the component fatty acids of the oil or fat are separated by low temperature argentation thin-layer chromatography and quantitatively determinated by gas-liquid chromatography.       4. REAGENTS      4.1. Diethyl ether peroxide-free freshly distilled.           4.2. n-hexane.           4.3. Silica gel G, for thin-layer chromatography.           4.4. Silica gel, for column chromatography.           4.5. Silver nitrate solution, 200 g/litre. Dissolve 24 g silver nitrate in water and make up to 120 ml with water.           4.6. Methyl erucate solution 5 mg/ml. Dissolve 50 mg methyl erucate in a few ml of n-hexane and dilute to 10 ml with n-hexane.           4.7. Methyl tetracosanoate, internal standard solution, 0 725 mg/ml. Dissolve 25 mg methyl tetracosanoate in a few ml of n-hexane (as 4 76) and dilute to 100 ml with n-hexane.           4.8. Development solvent. Toluene : n-hexane 90 : 10 (v/v).           4.9. 2,7 Dichlorofluorescein solution 0 75 g/litre. Dissolve by warming and stirring 50 mg of 2,7 dichlorofluorescein in 100 ml of 50 % aqueous methanol.                  5. APPARATUS      5.1. Apparatus for thin-layer chromatography to include, in particular:        5.1.1. Deep-freeze unit, capable of maintaining developing tank and contents at a temperature of minus 20 to minus 25 ºC.               5.1.2. Glass plates, 200 × 200 mm.               5.1.3. Ultra-violet lamp.               5.1.4. Glass columns, length about 200 mm, internal diameter about 10 mm with filter of glass wool or sintered glass. Alternatively, small funnels with sintered glass filters.               5.1.5. Applicator, for depositing solutions in the form of a narrow band or streak on TLC plates.                          5.2. Gas-liquid chromatograph, together with an electronic integrator, as described in Section III of Annex VI to Commission Regulation (EEC) No 72/77.                   6. PROCEDURE      6.1. Preparation of fatty-acid methyl esters  Take about 400 mg of the oil or fat component of the sample for analysis and prepare a solution containing about 20 to 50 mg/ml of the fatty acid methyl esters in n-hexane by the method described in Section II.3 of Annex VI to Commission Regulation (EEC) No 72/77.           6.2. Thin-layer chromatography        6.2.1. Preparation of plates  Place 60 g silica gel (4.3) in a 500 ml round-bottomed flask, add 120 ml of silver nitrate solution (4.5) and shake for one minute to obtain a fully homogeneous slurry. Spread the slurry in the usual manner over the plates ; the thickness of the layer should be approximately 0 75 mm. This quantity of slurry is sufficient for the preparation of five 200 × 200 mm plates.  Allow the plates to partially air-dry (preferably by leaving them in the dark for about 30 minutes). Fully dry and activate the plates by placing them in an oven, maintained at 100 ºC, for two hours 30 minutes. Use the plates as soon as possible after activation or carefully store in a dark cabinet and then reactivate before use. (Note : activation at 110 ºC for one hour may be found satisfactory provided the plates are not darkened as a result). Score lines through the coating 10 mm from the sides and the top of each plate before use to reduce edge effects during the development.               6.2.2. Application of methyl esters  Using the applicator (5.1.5) deposit 50 ¶l of the solution of methyl esters (6.1) prepared from the sample in a narrow streak about 50 mm long, at least 40 mm from the side of the plate and 10 mm from the bottom. Apply in a similar way 100 ¶l of a solution containing equal volumes of the prepared solution of methyl esters (6.1) and the methyl erucate solution (4.6). Take particular care during the application of solutions because of the fragile nature of the coating. (Note : if desired, 50 ¶l of the methyl erucate solution (4.6) may be applied to the plate to assist in identifying the methyl erucate band after development : see figure). After the application of the methyl esters stand the bottom edge of the plate in diethyl ether until the ether ascends to about 5 mm above the area of sample application. This concentrates the methyl esters in a narrow band.               6.2.3. Development of the plates  Pour the development solvent (4.8) into the tank to a depth of about 5 mm and place the tank, complete with lid, in a deep freeze cabinet (5.1.1) held at minus 25 ºC, or as near to this temperature as possible. (In some cases it may be advantageous to line the tank). After two hours, place the plate carefully in the tank and allow the solvent to ascend to about one half to two thirds of the height of the plate. Remove the plate and gently evaporate the solvent from it in a nitrogen stream. Replace the plate in the tank and allow the solvent to ascend to the top of the plate. Remove the plate and as previously dry in a nitrogen stream and then spray carefully with 2,7 dichlorofluorescein solution (4.9).  View the plate under ultra-violet light and locate the band containing methyl erucate in the sample by reference to the intensified band in the sample to which methyl erucate has been added (see figure).               6.2.4. Separation of the methyl ester fractions  Scrape off the methyl erucate band derived from the sample into a 50 ml beaker taking care to avoid losses. Similarly transfer the silica gel located above and below the methyl erucate band into another 50 ml beaker. This band will contain all the other fatty-acid methyl ester fractions. Add 1 70 ml of the methyl tetracosanoate standard solution (4.7) and 10 ml of diethyl ether (4.1) to each beaker. Stir, and transfer the contents of the beakers to separate columns or funnels (5.1.4) each containing about 1 g silica gel (4.4) ; elute the methyl esters using three or four 10 ml portions of diethyl ether. Collect the filtrates in small flasks. Evaporate each filtrate to a small volume using a gentle nitrogen stream and transfer the methyl esters to small pointed-bottom glass tubes. Remove all the solvent by evaporation with a nitrogen stream in such a way that the methyl esters concentrate at the bottom of the tubes. Dissolve the methyl esters in about 25 to 50 ¶l of n-hexane (4.2).                           6.3. Gas-liquid chromatography        6.3.1. Carry out the procedure described in Section III of Annex VI to Commission Regulation 72/77/EEC and analyze 1 to 2 ¶l of the methyl ester solutions obtained from (i) the fraction containing methyl erucate, and (ii) the fractions containing the remainder of the methylated fatty acids.               6.3.2. Obtain from the electronic integrator the following peak areas:          (i) from the chromatogram of the fraction containing the methyl erucate:            (a) methyl erucate [E]                       (b) internal standard [L1]                       (c) total methyl ester peak areas excluding the internal standard [EF]                                          (ii) from the chromatogram of the fractions containing the remainder of te fatty acid methyl esters            (a) total methyl ester peak areas excluding the internal standard [RF]                       (b) internal standard [L2]                                                                           7. EXPRESSION OF RESULTS      7.1. Method of calculation and formula        7.1.1. The erucic acid content of the sample, expressed in terms of its methyl ester as a percentage of the total fatty acid methyl esters prepared from the sample, is given by: >PIC FILE= "T0013765">   where  E, EF, RF, L1 and L2 are the peak areas referred to in 6.3.2, corrected as necessary by the use of calibration factors.  For practical purposes the value for methyl erucate given by the above formula is equivalent to the level of erucic acid expressed as a percentage of the total level of fatty acids in the sample.               7.1.2. If peak areas are obtained in percentages the values for EF and RF may be calculated as follows:  EF = 100 - L1  RF = 100 - L2               7.1.3. The method of calculation (7.1.1) assumes that the level of tetracosanoic acid in the sample is negligible. If significant amounts of this acid are shown to be present the value for tetracosanoic acid (L2) obtained from the chromatogram of the fractions containing the remainder of the fatty acid methyl esters must be reduced to:  L2 - T2  where >PIC FILE= "T0013766">   and  T2 = peak area of methyl tetracosanoate derived from the sample and which forms part of the peak area attributed to the internal standard in the chromatogram of the remaining fraction of fatty acid methyl esters  P2 = peak area of methyl palmitate obtained from the chromatogram of the remaining fraction  T0 = peak area of methyl tetracosanoate obtained from the chromatogram of the methyl esters of the total fatty acids as determined by the analysis referred to in Article 2 of this Directive  P0 = peak area of methyl palmitate obtained from the chromatogram of the methyl esters of the total fatty acids as as determined by the analysis referred to in Article 2 of this Directive.                7.1.4. Derivation of formula  The proportion of fatty acids in the fraction containing the methyl erucate, expressed as a percentage of the total fatty acids in the sample, is given by: >PIC FILE= "T0013767">                7.1.5. Repeatability  The difference between the values of two determinations when carried out simultaneously or in rapid succession on the same sample, by the same analyst under the same conditions, shall not exceed 10 % of the result or 0 75 g per 100 g of sample, taking the greater value.  FIGURE  Typical thin-layer chromatogram showing the separation of the methyl esters of erucic acid, cetoleic acid and trans-isomers of docosenoic acid >PIC FILE= "T0013768">


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31992L0023

Council Directive 92/23/EEC of 31 March 1992 relating to tyres for motor vehicles and their trailers and to their fitting

Official Journal L 129 , 14/05/1992 P. 0095 - 0153 Finnish special edition: Chapter 13 Volume 22 P. 0136  Swedish special edition: Chapter 13 Volume 22 P. 0136

COUNCIL DIRECTIVE 92/23/EEC of 31 March 1992  relating to tyres for motor vehicles and their trailers and to their fittingTHE  COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  100a thereof, Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas measures should be adopted in order gradually to establish the internal market during a  period expiring on 31 December 1992; whereas the internal market comprises an entity without  internal frontiers within which the free movement of goods, persons, services and capital shall be  guaranteed; Whereas the total harmonization method will be essential in order fully to achieve the single  market; Whereas this method will have to be used at the time of the revision of the entire EEC  type-approval procedure, taking account of the spirit of the Council resolution of 7 May 1985  concerning a new approach to the question of technical harmonization and standardization; Whereas the technical requirements which motor vehicles and their trailers must satisfy pursuant to  national laws relate, inter alia, to pneumatic tyres; Whereas these requirements differ from one Member State to another; whereas it is therefore  necessary that all Member States adopt the same requirements either in addition to or in place of  their existing rules in order to permit, in particular, the EEC type-approval procedure which was  the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of  the Member States relating to the type-approval of motor vehicles and their trailers (4), as last  amended by Directive 87/403/EEC (5), to be introduced in respect of each type of vehicle; Whereas rules on tyres should lay down common requirements concerning not only their  characteristics, but also the requirements for the equipment of vehicles and their trailers with  regard to their tyres; Whereas, consequently, a common procedure for granting an EEC mark to any tyre type complying with  the common characteristics and test requirements should be established; whereas, at the Community  level, to ensure the free movement of tyres, the conformity of the tyres with the common  requirements is assured by the affixing on each tyre of an EEC mark which has been granted to the  manufacturer in accordance with the abovementioned procedure; whereas any Member States may, in  order to check the conformity of the tyres with the common requirements, carry out controls at any  moment; whereas, in the case of a statement of non-conformity, the Member States need to take the  necessary steps to ensure the conformity of the tyres with the requirements; whereas these measures  may result in the withdrawal of the abovementioned EEC mark; Whereas it is desirable to take into account the technical requirements adopted by the UN Economic  Commission for Europe in its Regulation N° 30 ('Uniform provisions concerning the approval of  pneumatic tyres for motor vehicles and their trailers`), as amended (6), and in its Regulation N°  54 ('Uniform provisions concerning the approval of pneumatic tyres for commercial vehicles and  their trailers`) (7) and in its Regulation N° 64 ('Uniform provisions concerning the approval of  vehicles equipped with temporary-use spare wheels/tyres`) (8), which are annexed to the Agreement  of 20 March 1958 concerning the adoption of uniform conditions for approval and reciprocal  recognition of approval for motor vehicle equipment and parts; Whereas the approximation of national laws relating to motor vehicles entails reciprocal  recognition by Member States of the checks carried out by each of them on the basis of the common  requirements, HAS ADOPTED THIS DIRECTIVE: Article 1For the purposes of this Directive: - 'tyre` means any new pneumatic tyre designed for the equipment of vehicles ot which Council  Directive 70/156/EEC applies; - 'vehicle` means any vehicle to which Council Directive 70/156/EEC applies; - 'manufacturer` means the holder of the trade name or mark of vehicles or tyres. Article 21. Member States shall grant EEC component type-approval under the conditions of Annex  I for any tyre type which satisfies the requirements of Annex II and shall grant a EEC component  type-approval number as specified in Annex I. 2. Member States shall grant EEC type-approval for a vehicle with regard to its tyres under the  conditions of Annex III for any vehicle for which all the tyres (including the spare tyre, if any)  satisfy the requirements of Annex II and also the requirements with regard to vehicles of Annex IV  and shall grant an EEC vehicle type-approval number as specified in Annex III. Article 3The approval authority of a Member State shall, within one month of issuing or refusing  an EEC component (tyre) or vehicle type-approval, send a copy of the relevant certificate, models  of which are given in the Appendices to Annex I and Annex III, to the other Member States and, if  requested, send the test report on any type of tyre approved. Article 4N° Member State may prohibit or restrict the placing on the market of tyres bearing the  EEC component type-approval mark. Article 5N° Member State may refuse to grant EEC type-approval or national type-approval to a  vehicle on grounds relating to its tyres if these bear the EEC component type-approval mark and are  fitted in accordance with the requirements laid down in Annex IV. Article 6N° Member State may refuse or prohibit the sale, registration, entry into service or  use of a vehicle on grounds relating to its tyres if these bear the EEC component type-approval  mark and are fitted in accordance with the requirements laid down in Annex IV. Article 71. If, on the basis of a substantiated justification, a Member State considers that a  tyre type or a vehicle type is dangerous although complying with the requirements of this  Directive, it may, within its territory, provisionally prohibit the marketing of that product or  subject it to special conditions. It shall immediately inform the other Member States and the  Commission thereof, stating the grounds for its decision. 2. The Commission shall, within six weeks, consult the Member States concerned, following which it  shall deliver its opinion without delay and take the appropriate steps. 3. If the Commission is of the opinion that technical adaptations to the Directives are necessary,  such adaptations shall be adopted by either the Commission or the Council in accordance with the  procedure laid down in Article 10. In this event, the Member State which has adopted safeguard  measures may maintain them until the entry into force of the adaptations. Article 81. The Member State which has granted the EEC component (tyre) or vehicle type-approval  shall take the measures required in order to verify that production models conform to the approved  type in so far as this is necessary and if need be in cooperation with the approval authorities in  the other Member States. For this purpose, this Member State may at any time check the conformity  of the tyres or vehicles to the requirements of this Directive. Such verification shall be limited  to spot checks. 2. If this Member State finds that a number of tyres or vehicles with the same approval marking do  not conform to the approved type, it shall take the necessary measures to ensure that production  models so conform. Where there is a consistent failure to conform, these measures may extend to a  withdrawal of EEC type-approval. The said authorities shall take the same measure if they are  informed by the approval authorities of another Member State of such failure to conform. 3. The approval authorities of the Member States shall within one month notify each other using the  relevant form shown in the Appendices to Annex I and Annex III of any withdrawal of EEC  type-approval and of the reasons for such a measure. Article 9Any decision taken pursuant to the provisions adopted in implementation of this  Directive to refuse or withdraw EEC component type-approval for a tyre or EEC type-approval of a  vehicle with regard to the fitting of its tyres implying a prohibition of marketing or of use shall  set out in detail the reasons on which it is based. Every such decision shall be notified to the  party concerned, who shall at the same time be informed of the remedies available to him under the  laws in force in the Member States and of the time limits allowed for the exercise of such  remedies. Article 10Any amendments necessary to adapt the requirements of the Annexes to technical  progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive  70/156/EEC. Article 111. Member States shall adopt and publish the provisions necessary to comply with this  Directive before 1 July 1992 and shall forthwith inform the Commission thereof. When the Member States adopt these measures, they shall contain a reference to this Directive or  shall be accompanied by such a reference on the occasion of their official publication. The methods  of making such a reference shall be laid down by the Member States. They shall apply these measures from 1 January 1993. 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 12This Directive is addressed to the Member States. Done at Brussels, 31 March 1992. For the CouncilThe PresidentVitor MARTINS(1) OJ N° C 95, 12. 4. 1990, p.  101. (2) OJ N° C 284, 12. 11. 1990, p. 81 and Decision of 12. 2. 1992 (not yet published in the Official  Journal). (3) OJ N° C 225, 10. 9. 1990, p. 9. (4) OJ N° L 42, 23. 2. 1970, p. 1. (5) OJ N° L 220, 8. 8. 1987, p. 44. (6) Economic Commission for Europe document E/ECE/324 (E3/ECE/TRANS/505) REV 1 - ADD 29, 1. 4. 1975  and its amendments 01, 02 and supplements. (7) Economic Commission for Europe document E/ECE/324 (E/ECE/TRANS/505) REV 1 - ADD 53 and  supplements. (8) Economic Commission for Europe document E/ECE/324 (E/ECE/TRANS/505) REV 1 - ADD 63 and  supplements.