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31984L0527

Council Directive 84/527/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to welded unalloyed steel gas cylinders

Official Journal L 300 , 19/11/1984 P. 0048 - 0071 Finnish special edition: Chapter 13 Volume 14 P. 0050  Spanish special edition: Chapter 13 Volume 18 P. 0058  Swedish special edition: Chapter 13 Volume 14 P. 0050  Portuguese special edition Chapter 13 Volume 18 P. 0058

COUNCIL DIRECTIVE of 17 September 1984 on the approximation of the laws of the Member States relating to welded unalloyed steel gas cylinders (84/527/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas in the Member States the construction and the inspection of gas cylinders are subject to mandatory provisions varying from one Member State to another and consequently hinder trade in such cylinders ; whereas it is therefore necessary to approximate these provisions;  Whereas Council Directive 76/767/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them (4), lays down in particular the procedures of EEC pattern approval and verification for these vessels ; whereas according to this Directive it is advisable to lay down the technical requirements to be complied with by EEC-type welded unalloyed steel gas cylinders with a capacity of 0,5 to 150 litres in order to be put into circulation, commercialized and used without restraint after having undergone inspection and bearing accordingly a mark and a symbol,  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply to welded unalloyed steel gas cylinders formed from several pieces, of an actual thickness of 5 mm or less, capable of being refilled several times, with a capacity ranging from 0,5 to 150 litres inclusive and designed to contain and transport compressed, liquefied or dissolved gases except liquefied gases at very low temperatures and acetylene. The design pressure (Ph) of these cylinders shall not exceed 60 bars. These gas cylinders are hereinafter referred to as "cylinders".   Article 2 For the purposes of this Directive, "EEC-type cylinder" shall mean any cylinder designed and manufactured in such a way that it satisfies the requirements of this Directive and of Directive 76/767/EEC.   Article 3 No Member State may, on grounds relating to the construction or inspection of a cylinder within the meaning of Directive 76/767/EEC and this Directive refuse, prohibit or restrict the placing on the market and putting into service of an EEC-type cylinder.   Article 4 All EEC-type cylinders shall be subject to EEC pattern approval.  All EEC-type cylinders shall be subject to EEC verification with the exception of cylinders with a capacity of not more than 1 litre.   Article 5 Any amendments necessary to adapt sections 1, 2.1.1, 2.3 except for 2.3.3, 2.4 except for 2.4.1 and 2.4.2.1, 3.1.1, 3.1.2, 3.3, 3.4, 3.5, 5 except for 5.2.2 and 5.3, and 6 of Annex I and Annexes II and III to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Article 20 of Directive 76/767/EEC.  (1) OJ No C 104, 13.9.1974, p. 59. (2) OJ No C 5, 8.1.1975, p. 52. (3) OJ No C 62, 15.3.1975, p. 31. (4) OJ No L 262, 27.9.1976, p. 153.    Article 6 The procedure laid down in Article 17 of Directive 76/767/EEC may apply to sections 2.2, 2.3.2 and 3.4.1.1 of Annex I to this Directive.   Article 7 1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive within 18 months of its notification (1) and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 8 This Directive is addressed to the Member States.     Done at Brussels, 17 September 1984.  For the Council  The President  P. BARRY  (1) This Directive was notified to the Member States on 26 September 1984.     ANNEX I 1. SYMBOLS AND TERMS USED IN THIS ANNEX     1.1. The symbols used in this Annex have the following meanings: >PIC FILE= "T0036325">        1.2. For the purposes of this Directive, "bursting pressure" means the pressure at plastic instability, i.e. the maximum pressure obtained during a burst test.       1.3. NORMALIZATION  The term "normalization" is used in this Directive as defined in paragraph 68 of EURONORM 52-83.       1.4. STRESS RELIEVING  The term "stress relieving" relates to the heat treatment to which a completed cylinder is subjected, during which the cylinder is heated to a temperature below the steel's lowest critical point (Acl) in order to reduce the residual stresses.        2. TECHNICAL REQUIREMENTS     2.1. MATERIALS      2.1.1. The material used for the manufacture of the stress-resistant cylinder shells must be steel as specified in EURONORM 120-83.           2.1.2. All components of the cylinder body and all the parts welded thereto must be made of mutually compatible materials.            2.1.3. The filler materials must be compatible with the steel so as to form welds with properties equivalent to those specified for the parent metal.           2.1.4. The cylinder manufacturer must obtain and provide chemical cast analysis certificates in respect of the steels supplied for the manufacture of the pressure parts.           2.1.5. It must be possible for independent analyses to be made. These analyses must be carried out either on specimens taken from the materials as supplied to the cylinder manufacturer or on the finished cylinders.           2.1.6. The manufacturer must make available to the inspection body the results of metallurgical and mechanical tests and analyses carried out on welds and must also provide it with a description of the welding methods and processes adopted which can be regarded as representative of the welds made during production.                  2.2. HEAT TREATMENT  Cylinders shall be delivered in either the normalized or the stress-relieved condition. The cylinder manufacturer shall certify that the cylinders have been heat treated after completion of all welding and shall certify the process of heat treatment applied. Localized heat treatment is not permitted.       2.3. CALCULATIONS FOR THE PRESSURE PARTS      2.3.1. The thickness of the cylindrical shell wall at any point on the stress-resistant shell of the gas cylinders must not be less than that calculated by the formula:        2.3.1.1. for cylinders without longitudinal welds: >PIC FILE= "T0036326">                2.3.1.2. for cylinders with longitudinal welds: >PIC FILE= "T0036327">   Z being equal to:          - 0,85 where the manufacturer radiographs the intersection of the welds for a distance of 100 mm beyond the intersection in the case of the longitudinal weld and of 50 mm (25 mm on each side) in the case of the circumferential welds. One cylinder selected at the beginning and one at the end of each shift period and per machine is to be radiographed,                   - 1 where the manufacturer spot radiographs the intersection of the welds for a distance of 100 mm beyond the intersection in the case of the longitudinal weld and of 50 mm (25 mm on each side) in the case of the circumferential welds.  This examination shall be carried out on 10 % of cylinders manufactured, chosen at random.                     Should these radiograph tests reveal unacceptable defects, as defined in 3.4.1.4, all the necessary steps must be taken to examine the production run in question and eliminate the defects.                          2.3.2. Dimensions and calculation of ends (see figures in Appendix 1)        2.3.2.1. The cylinder ends must fulfil the following conditions:           - torispherical ends >PIC FILE= "T0036328">           - elliptical ends >PIC FILE= "T0036329">                    - hemispherical ends >PIC FILE= "T0036330">                                   2.3.2.2. The thickness of these dished ends must not at any point be less than the figure calculated by means of the following formula: >PIC FILE= "T0036331">   The coefficient of form C to be used for full ends is given in the table in Appendix 1.  However, the nominal thickness of the cylindrical edge of the ends must not be less than the nominal thickness of the cylindrical part.                          2.3.3. The nominal wall thickness of the cylindrical part and of the dished end may not, under any circumstances, be less than: >PIC FILE= "T0036332">   with a minimum of 1,5 mm in both cases.           2.3.4. The cylinder body, excluding the valve seat, may be made up of two or three parts. The ends must be in one piece and convex.                  2.4. CONSTRUCTION AND WORKMANSHIP      2.4.1. General requirements        2.4.1.1. The manufacturer guarantees on his own responsibility that he has the manufacturing facilities and processes to ensure that cylinders produced satisfy the requirements of this Directive.               2.4.1.2. The manufacturer must ensure through adequate supervision that the parent plates and pressed parts used to manufacture the cylinders are free from any defects likely to adversely affect the operating safety of the cylinder.                          2.4.2. Pressure parts        2.4.2.1. The manufacturer must describe the welding methods and processes used and indicate the inspections carried out during production.               2.4.2.2. Technical welding requirements  The butt welds must be executed by an automatic welding process.  The butt welds ons the stress-resistant shell may not be located in any area where there are changes of profile.   Fillet welds may not be superimposed on butt welds and must be at least 10 mm away from them.  Welds joining parts making up the shell of the cylinder must satisfy the following conditions (see figures given as examples in Appendix 2):          - longitudinal weld : this weld is executed in the form of a butt weld on the full section of the metal of the wall,                   - circumferential weld other than those fixing the valve flange collar to the upper end : this weld is executed in the form of a butt weld on the full section of the metal to the wall. A joggle joint weld is considered to be a special type of butt weld,                   - circumferential weld fixing the valve flange collar to the upper end : this weld may be either a butt or a fillet weld. If it is a butt weld, it must be applied on the full section of the metal of the wall. A joggle joint weld is regarded as a special type of butt weld.   The requirements of this indent are not applicable where the upper end has a seat within the cylinder and where this seat is fixed to the end by a weld which is unrelated to the leak-tightness of the cylinder (see Appendix 2 hereto, figure 4).            In the case of butt welds, the misalignment of the joint faces may not exceed one-fifth of the thickness of the walls (1/5 a).               2.4.2.3. Inspection of welds  The manufacturer must ensure that the welds show continuous penetration without any deviation of the weld seam, and that they are free of defects likely to jeopardize the safe use of the cylinder.  For two-piece cylinders, and with the exception of welds complying with figure 2A in Appendix 2, the circular butt welds should be radiographed over a length of 100 mm, on one cylinder selected at the beginning and one at the end of each shift period during continuous production and, in the event of production being interrupted for a period of more than 12 hours, on the first cylinder welded.               2.4.2.4. Out-of-roundness  The out-of-roundness of the cylindrical shell of the cylinder must be limited so that the difference between the maximum and minimum outside diameter of the same cross section is not more than 1 % of the average of those diameters.                          2.4.3. Fittings        2.4.3.1. The carrying handles and protective collars must be manufactured and welded to the cylinders body in such a way as not to cause dangerous concentrations of stresses or be conducive to the collection of water.               2.4.3.2. The base of the cylinder must be sufficiently strong and made of metal compatible with the type of steel used for the cylinder ; the form of the base must give the cylinder sufficient stability. The top edge of the base must be welded to the cylinder in such a way as not to be conducive to the collection of water nor to allow water to penetrate between the base and the cylinder.               2.4.3.3. Where fitted, identification plates must be fixed on to the stress-resistant shell and not be removable ; all the necessary corrosion prevention measures must be taken.               2.4.3.4. Any other material, however, may be used for the manufacture of the bases, carrying handles or protective collars, provided that their strength is assured and that all risk of the cylinder end corroding is eliminated.               2.4.3.5. Protection of the cock or valve  The cylinder cock or valve must be effectively protected either by its design or by the design on the cylinder itself (e.g. protective collar), or by means of a protective cap or a securely attached cover.                                   3. TESTS     3.1. MECHANICAL TESTS      3.1.1. General requirements        3.1.1.1. Where not covered by the requirements contained in this Annex, the mechanical tests are to be carried out in accordance with EURONORMS:          (a) 2-80 or 11-80 respectively in the case of the tensile test, according to whether the thickness of the test-piece is 3 mm or above, or less than 3 mm;                   (b) 6-55 or 12-55 respectively in the case of the bend test, according to whether the thickness of the test-piece is 3 mm or above, or less than 3 mm.                                  3.1.1.2. All the mechanical tests for checking the properties of the parent metal and welds of the stress-resistant shells of the gas cylinders shall be carried out on test-pieces taken from finished cylinders.                          3.1.2. Types of test and evaluation of test results        3.1.2.1. Each sample cylinder shall be subjected to the following tests:  (A) For cylinders containing only circumferential welds (two-piece cylinders), on test-pieces taken from the places shown in figure 1 of Appendix 3: >PIC FILE= "T0036333">    (B) For cylinders with longitudinal and circumferential welds (three-piece cylinders), on test-pieces taken from the places shown in figure 2 of Appendix 3: >PIC FILE= "T0036334">           3.1.2.1.1. Test-pieces which are not sufficiently flat must be flattened by cold pressing.                   3.1.2.1.2. In all test-pieces containing a weld, the weld shall be machined flush, to trim the surplus.                                 3.1.2.2. Tensile test          3.1.2.2.1. Tensile test on parent metal            3.1.2.2.1.1. The procedure for carrying out the tensile test is that given in the appropriate EURONORM in accordance with 3.1.1.1.   The two faces of the test-piece representing the inside and outside walls of the cylinder respectively must not be machined.                       3.1.2.2.1.2. The values determined for yield stress must be at least equal to the minimum values guaranteed by the cylinder manufacturer.  The values determined for tensile strength and elongation after the test-piece of the parent metal fractures must comply with EURONORM 120-83 (table III).                                          3.1.2.2.2. Tensile test on welds            3.1.2.2.2.1. The tensile test perpendicular to the weld must be carried out on a test-piece having a reduced cross section 25 mm in width for a length extending up to 15 mm beyond the edges of the weld, as shown in the figure in Appendix 4. Beyond this central part the width of the test-piece must increase progressively.                       3.1.2.2.2.2. The tensile strength value obtained must be at least equal to that guaranteed for the parent metal irrespective of where the fracture occurs in the cross section of the central part of the test-piece.                                                         3.1.2.3. Bend test          3.1.2.3.1. The procedure for carrying out the bend test is that given in the appropriate EURONORM in accordance with 3.1.1.1. The bend test must, however, be carried out transversely to the weld on a test-piece 25 mm in width. The mandrel must be placed in the centre of the weld while the test is being performed.                   3.1.2.3.2. Cracks must not appear in the test-piece when it is bent round a mandrel such that the inside edges are separated by a distance not greater than the diameter of the mandrel (see figure 2 in Appendix 5).                   3.1.2.3.3. The ratio (n) between the diameter of the mandrel and the thickness of the test-piece must not exceed the values given in the following table: >PIC FILE= "T0036335">                                                     3.2. BURST TEST UNDER HYDRAULIC PRESSURE      3.2.1. Test conditions  Cylinders subjected to this test must bear the inscriptions which it is proposed to make on the section of the cylinder subjected to pressure.        3.2.1.1. The burst test under hydraulic pressure must be carried out with equipment which enables the pressure to be increased at an even rate until the cylinder bursts and the change in pressure over time to be recorded.                          3.2.2. Interpretation of test        3.2.2.1. The criteria adopted for the interpretation of the burst test are as follows:          3.2.2.1.1. Volumetric expansion of the cylinder ; this equals:            - the volume of water used between the time when the pressure starts to rise and the time of bursting for cylinders of a capacity >= 6,5 litres,                       - the difference between the volume of the cylinder at the beginning and the end of the test for cylinders of a capacity                                           3.2.2.1.2. Examination of the tear and the shape of its edges.                                             3.2.3. Minimum test requirements        3.2.3.1. The measured bursting pressure (Pr) must not under any circumstances be less than 9/4 of the test pressure (Ph).               3.2.3.2. Ratio of the volumetric expansion of the cylinder to its initial volume:          - 20 % if the length of the cylinder is greater than the diameter,                   - 17 % if the length of the cylinder is equal to or less than the diameter.                                  3.2.3.3. The burst test must not cause any fragmentation of the cylinder.          3.2.3.3.1. The main fracture must not show any brittleness, i.e. the edges of the fracture must not be radial but must be at an angle to a diametral plane and display a reduction of area throughout their thickness.                   3.2.3.3.2. The fracture must not reveal a clear defect in the metal.                                                    3.3. HYDRAULIC TEST      3.3.1. The water pressure in the cylinder must increase at an even rate until the test pressure is reached.           3.3.2. The cylinder must remain under the test pressure long enough to make it possible to establish that the pressure is not falling off and that the cylinder can be guaranteed leak-proof.           3.3.3. After the test the cylinder must show no signs of permanent deformation.           3.3.4. Any cylinder tested which does not pass the test must be rejected.                  3.4. NON-DESTRUCTIVE EXAMINATION      3.4.1. Radiographic examination        3.4.1.1. Welds must be radiographed in accordance with ISO specification R 1106-1969, class B.               3.4.1.2. When a wire-type indicator is used, the smallest diameter of visible wire may not exceed 0,10 mm.  When a stepped and holed type indicator is used, the diameter of the smallest visible hole may not exceed 0,25 mm.               3.4.1.3. Assessment of the weld radiographs must be based on the original films in accordance with the practice recommended in ISO standard 2504 - 1973, paragraph 6.               3.4.1.4. The following defects are not acceptable:          - cracks, inadequate welds or inadequate penetration of the weld.  The inclusions listed below are regarded as unacceptable:          - any elongated inclusion or any group of rounded inclusions in a row where the length represented (over a weld length of 12 a) is greater than 6 mm,                   - any gas inclusion measuring more than a/3 mm which is more than 25 mm from any other gas inclusion,                   - any other gas inclusion measuring more than a/4 mm,                   - gas inclusions over any 100 mm weld length, where the total area of all the figures is greater than 2 a mm2.                                              3.4.2. Macroscopic examination  The macroscopic examination of a full transverse section of the weld must show a complete fusion on the surface treated with any acid from the macro-preparation and must not show any assembly fault or a significant inclusion or other defects.  In case of doubt, a microscopic examination should be made of the suspect area.                  3.5. EXAMINATION OF THE OUTSIDE OF THE WELD      3.5.1. This examination is carried out when the weld has been completed. The welded surface examined must be well illuminated, and must be free from grease, dust, scale residue or protective coating of any kind.           3.5.2. The fusion of the welded metal with the parent metal must be smooth and free from etching. There must be no cracks, notching or porous patches in the welded surface and the surface adjacent to the wall. The welded surface must be regular and even. Where a butt weld has been used, the excess thickness must not exceed 1/4 of the width of the weld.                   4. EEC PATTERN APPROVAL     4.1. The EEC pattern approval referred to in Article 4 may be issued for types or families of cylinders.  "Type of cylinder" means cylinders of the same design and thickness, equipped with the same accessories, manufactured in the same workshops from sheet metal of identical technical specifications, welded by the same process and heat-treated under the same conditions.  "Family of cylinders" means three-piece cylinders from the same factory which differ in length alone, within the following limits:      - the minimum length must not be less than 3 times the diameter of the cylinder,           - the maximum length must not be more than 1,5 times the length of the tested cylinder.                  4.2. The applicant for pattern approval must, for each type of cylinder or family of cylinders, submit the documentation necessary for the verification prescribed below and make available to the Member State a batch of 50 cylinders from which the number of cylinders required for the following tests will be taken, together with any additional information required by the Member State. The applicant must indicate the type and duration of heat treatment, the temperature used and the welding process. He must obtain and provide cast analysis certificates for steel supplied for cylinder manufacture.       4.3. In the course of the EEC pattern approval process, it shall be verified that:      - the calculations prescribed in 2.3 are correct,           - the conditions prescribed in 2.1,2.2 and 2.4 and 3.5 are fulfilled.             The following must be carried out on the cylinders submitted as prototypes:      - the test prescribed in 3.1, on one cylinder,           - the test prescribed in 3.2, on one cylinder,           - the test prescribed in 3.4, on one cylinder.             If the results of the checks are satisfactory, the Member State shall issue the EEC pattern approval certificate in accordance with the specimen contained in Annex II.         5. EEC VERIFICATION     5.1. For the purpose of EEC verification the cylinder manufacturer must make available to the inspection body:      5.1.1. the EEC pattern approval certificate;           5.1.2. the cast analysis certificates for the steel supplied for the manufacture of the cylinders;           5.1.3. means of identifying the cast of steel from which each cylinder has come;           5.1.4. the documentation - in particular the documents relating to heat treatment - on the cylinders supplied by him, stating the process used in accordance with 2.2;           5.1.5. a list of the cylinders, giving the numbers and inscriptions prescribed in section 6;           5.1.6. the results of the non-destructive tests carried out during production and the welding methods used to ensure good reproductibility of cylinders during manufacture. The manufacturer must also provide a statement to the effect that for series production he undertakes to use a welding method identical to that which he used for the cylinders submitted for EEC pattern approval.                  5.2. DURING EEC VERIFICATION      5.2.1. The inspection body must:        - ascertain that the EEC pattern approval certificate has been obtained and that the cylinders conform to it,               - verify the documents giving information about the materials and the manufacturing processes, in particular those specified in 2.1.6,               - check whether the technical requirements set out in section 2 have been met and carry out a visual external and internal examination of each cylinder of a random sample,               - be present at the tests prescribed in 3.1 and 3.2 and check their progress,               - check whether the information supplied by the manufacturer mentioned in 5.1.6 is correct, and whether the verifications he has carried out are satisfactory,               - issue the EEC verification certificate on the lines of the specimen set out in Annex III.                          5.2.2. For the purpose of carrying out the tests, a random sample of cylinders as indicated below shall be taken from each batch.  A batch shall consist of a maximum of 3 000 cylinders of the same type as defined in the second paragraph of 4.1, manufactured on the same day or on consecutive days.  TABLE 1 >PIC FILE= "T0036337">   Depending on the size of the batch, the sample cylinders shall be subjected to the mechanical tests provided for in 3.1 and to the hydraulic pressure burst test provided for in 3.2, according to the distribution indicated in table 1.  If two or more cylinders fail the tests, the batch must be rejected.  Should one of the cylinders fail either the mechanical tests or the burst test, a number of cylinders as indicated in table 2 shall be selected at random, and the tests carried out according to the distribution in table 1.  TABLE 2 >PIC FILE= "T0036338">   If one or more of these cylinders are not satisfactory, the batch must be rejected.           5.2.3. The selection of samples and all the tests are to be performed in the presence of a representative of the inspection body.           5.2.4. All the cylinders in the batch must undergo the hydraulic test specified in 3.3 in the presence and under the supervision of a representative of the inspection body.                  5.3. EXEMPTION FROM EEC VERIFICATION  In the case of cylinders of less than 1 litre capacity, all the tests and checks specified in section 5 must be carried out by the manufacturer on his own responsibility. The manufacturer must make available to the inspection body all the documents and reports relating to the tests and checks.        6. MARKS AND INSCRIPTIONS     6.1. When the inspection body has carried out all the prescribed checks and if the results are satisfactory, it must issue a certificate stating the checks which have been performed.       6.2. For cylinders of less than 6,5 litres capacity, the marks and inscriptions relating to the cylinder construction may be made on the base ; for other cylinders, they shall be made on the head or a reinforced part of the cylinder or on an identification plate. However, some of these inscriptions may be made on the dished end during forming provided the integrity of the cylinder is not weakened.       6.3. EEC PATTERN APPROVAL MARK  By way of derogation from the requirements of section 3 of Annex I to Directive 76/767/EEC, the manufacturer must make the EEC pattern approval mark in the following order:      -  >PIC FILE= "T0036339">      - the number 3 identifying this Directive,           - the capital letter(s) identifying the Member State which has granted EEC pattern approval and the final two figures of the year in which pattern approval was granted,           -  >PIC FILE= "T0036340">                    6.4. EEC VERIFICATION MARK  By way of derogation from the requirements of section 3 of Annex II to Directive 76/767/EEC, the inspection body must make the EEC verification mark in the following order:      - the small letter "e",           - the capital letter(s) identifying the Member State in which the verification is carried out, together, where necessary, with one or two figures identifying a territorial subdivision,           - the mark of the inspection body made by the verifying agent, together with the mark of the verifying agent if appropriate,           - a hexagon,           -  >PIC FILE= "T0036341">                   6.5. CONSTRUCTION INSCRIPTIONS      6.5.1. As regards the steel        - A number indicating the value of Re in N/mm2 on which the calculation was based,               - the symbol N (cylinder in the normalized condition) or the symbol S (cylinder in the stress-relieved condition).                          6.5.2. As regards the hydraulic test  The value of the test pressure in bars followed by the symbol "bars".           6.5.3. As regards the type of cylinder  The minimum capacity in litres, guaranteed by the manufacturer of the cylinder.  This capacity must be given to one decimal place and rounded down.           6.5.4. As regards origin  The capital letter(s) indicating the country of origin followed by the manufacturer's mark and the serial number.                  6.6. OTHER INSCRIPTIONS  Where other inscriptions relating neither to the construction nor to the inspection thereof are required under national rules, they must be made on the cylinders in accordance with 6.2.          Appendix 1  >PIC FILE= "T0036342">    COEFFICIENT OF FORM C FOR DISHED ENDS  >PIC FILE= "T0036343">    >PIC FILE= "T0036344">    Appendix 2  >PIC FILE= "T0036345">    Appendix 3  >PIC FILE= "T0036346">    Appendix 4  >PIC FILE= "T0036347">    Appendix 5  >PIC FILE= "T0036348">     ANNEX II  >PIC FILE= "T0036349">     TECHNICAL ANNEX TO EEC PATTERN APPROVAL CERTIFICATE     1. Results of EEC examination of the pattern with a view to EEC pattern approval.       2. Main features of the pattern, in particular:      - longitudinal cross-section of the type of cylinder which has received pattern approval, showing:          - the nominal external diameter, D,           - the minimum thickness of the cylinder wall, a,           - the minimum thickness of the base and the head,           - the minimum and maximum length(s), Lmin, Lmax,           - the external height of the curved part of the base of cylinder H, in mm,           - the capacity or capacities, Vmin, Vmax;           - the pressure, Ph;           - the name of the manufacturer/No of the drawing and date;           - name of the type of cylinder;           - the steel in accordance with section 2.1.                     ANNEX III MODEL  >PIC FILE= "T0036350">    >PIC FILE= "T0036351">


title: Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings

text:
               1.6.2012

               EN

               Official Journal of the European Union

               L 142/1

         DIRECTIVE 2012/13/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 22 May 2012
   on the right to information in criminal proceedings
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               The Union has set itself the objective of maintaining and developing an area of freedom, security and justice. According to the Presidency Conclusions of the European Council in Tampere of 15 and 16 October 1999, and in particular point 33 thereof, the principle of mutual recognition of judgments and other decisions of judicial authorities should become the cornerstone of judicial cooperation in both civil and criminal matters within the Union because enhanced mutual recognition and the necessary approximation of legislation would facilitate cooperation between competent authorities and the judicial protection of individual rights.

               (2)

               On 29 November 2000, the Council, in accordance with the Tampere conclusions, adopted a programme of measures to implement the principle of mutual recognition of decisions in criminal matters (3). The introduction to the programme states that mutual recognition is ‘designed to strengthen cooperation between Member States but also to enhance the protection of individual rights’.

               (3)

               The implementation of the principle of mutual recognition of decisions in criminal matters presupposes that Member States trust in each other’s criminal justice systems. The extent of mutual recognition is very much dependent on a number of parameters, which include mechanisms for safeguarding the rights of suspects or accused persons and common minimum standards necessary to facilitate the application of the principle of mutual recognition.

               (4)

               Mutual recognition of decisions in criminal matters can operate effectively only in a spirit of trust in which not only judicial authorities but all actors in the criminal process consider decisions of the judicial authorities of other Member States as equivalent to their own, implying not only trust in the adequacy of other Member States’ rules, but also trust that those rules are correctly applied.

               (5)

               Article 47 of the Charter of Fundamental Rights of the European Union (hereinafter ‘the Charter’) and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter ‘the ECHR’) enshrine the right to a fair trial. Article 48(2) of the Charter guarantees respect for the rights of the defence.

               (6)

               Article 6 of the Charter and Article 5 ECHR enshrine the right to liberty and security of person. Any restrictions on that right must not exceed those permitted in accordance with Article 5 ECHR and inferred from the case-law of the European Court of Human Rights.

               (7)

               Although all the Member States are party to the ECHR, experience has shown that that alone does not always provide a sufficient degree of trust in the criminal justice systems of other Member States.

               (8)

               Strengthening mutual trust requires detailed rules on the protection of the procedural rights and guarantees arising from the Charter and from the ECHR.

               (9)

               Article 82(2) of the Treaty on the Functioning of the European Union provides for the establishment of minimum rules applicable in the Member States so as to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a cross-border dimension. That Article refers to ‘the rights of individuals in criminal procedure’ as one of the areas in which minimum rules may be established.

               (10)

               Common minimum rules should lead to increased confidence in the criminal justice systems of all Member States, which, in turn, should lead to more efficient judicial cooperation in a climate of mutual trust. Such common minimum rules should be established in the field of information in criminal proceedings.

               (11)

               On 30 November 2009, the Council adopted a resolution on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings (4) (hereinafter ‘the Roadmap’). Taking a step-by-step approach, the Roadmap called for the adoption of measures regarding the right to translation and interpretation (measure A), the right to information on rights and information about the charges (measure B), the right to legal advice and legal aid (measure C), the right to communication with relatives, employers and consular authorities (measure D), and special safeguards for suspects or accused persons who are vulnerable (measure E). The Roadmap emphasises that the order of the rights is only indicative and thus implies that it may be changed in accordance with priorities. The Roadmap is designed to operate as a whole; only when all its component parts have been implemented will its benefits be felt in full.

               (12)

               On 11 December 2009, the European Council welcomed the Roadmap and made it part of the Stockholm Programme — An open and secure Europe serving and protecting citizens (5) (point 2.4). The European Council underlined the non-exhaustive character of the Roadmap, by inviting the Commission to examine further elements of minimum procedural rights for suspects and accused persons, and to assess whether other issues, for instance the presumption of innocence, need to be addressed, in order to promote better cooperation in that area.

               (13)

               The first measure adopted pursuant to the Roadmap, measure A, was Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (6).

               (14)

               This Directive relates to measure B of the Roadmap. It lays down common minimum standards to be applied in the field of information about rights and about the accusation to be given to persons suspected or accused of having committed a criminal offence, with a view to enhancing mutual trust among Member States. This Directive builds on the rights laid down in the Charter, and in particular Articles 6, 47 and 48 thereof, by building upon Articles 5 and 6 ECHR as interpreted by the European Court of Human Rights. In this Directive, the term ‘accusation’ is used to describe the same concept as the term ‘charge’ used in Article 6(1) ECHR.

               (15)

               In its Communication of 20 April 2010 entitled ‘Delivering an area of freedom, security and justice for Europe’s citizens — Action Plan Implementing the Stockholm Programme’, the Commission announced that it would present a proposal on the right to information on rights and information about charges in 2010.

               (16)

               This Directive should apply to suspects and accused persons regardless of their legal status, citizenship or nationality.

               (17)

               In some Member States an authority other than a court having jurisdiction in criminal matters has competence for imposing sanctions in relation to relatively minor offences. That may be the case, for example, in relation to traffic offences which are committed on a large scale and which might be established following a traffic control. In such situations, it would be unreasonable to require that the competent authority ensure all the rights under this Directive. Where the law of a Member State provides for the imposition of a sanction regarding minor offences by such an authority and there is either a right of appeal or the possibility for the case to be otherwise referred to a court having jurisdiction in criminal matters, this Directive should therefore apply only to the proceedings before that court following such an appeal or referral.

               (18)

               The right to information about procedural rights, which is inferred from the case-law of the European Court of Human Rights, should be explicitly established by this Directive.

               (19)

               The competent authorities should inform suspects or accused persons promptly of those rights, as they apply under national law, which are essential to safeguarding the fairness of the proceedings, either orally or in writing, as provided for by this Directive. In order to allow the practical and effective exercise of those rights, the information should be provided promptly in the course of the proceedings and at the latest before the first official interview of the suspect or accused person by the police or by another competent authority.

               (20)

               This Directive lays down minimum rules with respect to the information on rights of suspects or accused persons. This is without prejudice to information to be given on other procedural rights arising out of the Charter, the ECHR, national law and applicable Union law as interpreted by the relevant courts and tribunals. Once the information about a particular right has been provided, the competent authorities should not be required to reiterate it, unless the specific circumstances of the case or the specific rules laid down in national law so require.

               (21)

               References in this Directive to suspects or accused persons who are arrested or detained should be understood to refer to any situation where, in the course of criminal proceedings, suspects or accused persons are deprived of liberty within the meaning of Article 5(1)(c) ECHR, as interpreted by the case-law of the European Court of Human Rights.

               (22)

               Where suspects or accused persons are arrested or detained, information about applicable procedural rights should be given by means of a written Letter of Rights drafted in an easily comprehensible manner so as to assist those persons in understanding their rights. Such a Letter of Rights should be provided promptly to each arrested person when deprived of liberty by the intervention of law enforcement authorities in the context of criminal proceedings. It should include basic information concerning any possibility to challenge the lawfulness of the arrest, obtaining a review of the detention, or requesting provisional release where, and to the extent that, such a right exists in national law. To help Member States draw up such a Letter of Rights, a model is provided in Annex I. That model is indicative and may be subject to review in the context of the Commission’s report on the implementation of this Directive and also once all the Roadmap measures have entered into force. The Letter of Rights may include other relevant procedural rights that apply in Member States.

               (23)

               Specific conditions and rules relating to the right of suspects or accused persons to have another person informed about their arrest or detention are to be determined by the Member States in their national law. As set out in the Roadmap, the exercise of that right should not prejudice the due course of the criminal proceedings.

               (24)

               This Directive is without prejudice to the provisions of national law concerning safety of persons remaining in detention facilities.

               (25)

               Member States should ensure that, when providing information in accordance with this Directive, suspects or accused persons are provided, where necessary, with translations or interpretation into a language that they understand, in accordance with the standards set out in Directive 2010/64/EU.

               (26)

               When providing suspects or accused persons with information in accordance with this Directive, competent authorities should pay particular attention to persons who cannot understand the content or meaning of the information, for example because of their youth or their mental or physical condition.

               (27)

               Persons accused of having committed a criminal offence should be given all the information on the accusation necessary to enable them to prepare their defence and to safeguard the fairness of the proceedings.

               (28)

               The information provided to suspects or accused persons about the criminal act they are suspected or accused of having committed should be given promptly, and at the latest before their first official interview by the police or another competent authority, and without prejudicing the course of ongoing investigations. A description of the facts, including, where known, time and place, relating to the criminal act that the persons are suspected or accused of having committed and the possible legal classification of the alleged offence should be given in sufficient detail, taking into account the stage of the criminal proceedings when such a description is given, to safeguard the fairness of the proceedings and allow for an effective exercise of the rights of the defence.

               (29)

               Where, in the course of the criminal proceedings, the details of the accusation change to the extent that the position of suspects or accused persons is substantially affected, this should be communicated to them where necessary to safeguard the fairness of the proceedings and in due time to allow for an effective exercise of the rights of the defence.

               (30)

               Documents and, where appropriate, photographs, audio and video recordings, which are essential to challenging effectively the lawfulness of an arrest or detention of suspects or accused persons in accordance with national law, should be made available to suspects or accused persons or to their lawyers at the latest before a competent judicial authority is called to decide upon the lawfulness of the arrest or detention in accordance with Article 5(4) ECHR, and in due time to allow the effective exercise of the right to challenge the lawfulness of the arrest or detention.

               (31)

               For the purpose of this Directive, access to the material evidence, as defined in national law, whether for or against the suspect or accused person, which is in the possession of the competent authorities in relation to the specific criminal case, should include access to materials such as documents, and where appropriate photographs and audio and video recordings. Such materials may be contained in a case file or otherwise held by competent authorities in any appropriate way in accordance with national law.

               (32)

               Access to the material evidence in the possession of the competent authorities, whether for or against the suspect or accused person, as provided for under this Directive, may be refused, in accordance with national law, where such access may lead to a serious threat to the life or fundamental rights of another person or where refusal of such access is strictly necessary to safeguard an important public interest. Any refusal of such access must be weighed against the rights of the defence of the suspect or accused person, taking into account the different stages of the criminal proceedings. Restrictions on such access should be interpreted strictly and in accordance with the principle of the right to a fair trial under the ECHR and as interpreted by the case-law of the European Court of Human Rights.

               (33)

               The right of access to the materials of a case should be without prejudice to the provisions of national law on the protection of personal data and the whereabouts of protected witnesses.

               (34)

               Access to the materials of the case, as provided for by this Directive, should be provided free of charge, without prejudice to provisions of national law providing for fees to be paid for documents to be copied from the case file or for sending materials to the persons concerned or to their lawyer.

               (35)

               Where information is provided in accordance with this Directive, the competent authorities should take note of this in accordance with existing recording procedures under national law and should not be subject to any additional obligation to introduce new mechanisms or to any additional administrative burden.

               (36)

               Suspects or accused persons or their lawyers should have the right to challenge, in accordance with national law, the possible failure or refusal of the competent authorities to provide information or to disclose certain materials of the case in accordance with this Directive. That right does not entail the obligation for Member States to provide for a specific appeal procedure, a separate mechanism, or a complaint procedure in which such failure or refusal may be challenged.

               (37)

               Without prejudice to judicial independence and to differences in the organisation of the judiciary across the Union, Member States should provide or encourage the provision of adequate training with respect to the objectives of this Directive to the relevant officials in Member States.

               (38)

               Member States should undertake all the necessary action to comply with this Directive. A practical and effective implementation of some of the provisions such as the obligation to provide suspects or accused persons with information about their rights in simple and accessible language could be achieved by different means including non-legislative measures such as appropriate training for the competent authorities or by a Letter of Rights drafted in simple and non-technical language so as to be easily understood by a lay person without any knowledge of criminal procedural law.

               (39)

               The right to written information about rights on arrest provided for in this Directive should also apply, mutatis mutandis, to persons arrested for the purpose of the execution of a European Arrest Warrant under Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (7). To help Member States draw up a Letter of Rights for such persons, a model is provided in Annex II. That model is indicative and may be subject to review in the context of the Commission’s report on implementation of this Directive and also once all the Roadmap measures have come into force.

               (40)

               This Directive sets minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection also in situations not explicitly dealt with in this Directive. The level of protection should never fall below the standards provided by the ECHR as interpreted in the case-law of the European Court of Human Rights.

               (41)

               This Directive respects fundamental rights and observes the principles recognised by the Charter. In particular, this Directive seeks to promote the right to liberty, the right to a fair trial and the rights of the defence. It should be implemented accordingly.

               (42)

               The provisions of this Directive that correspond to rights guaranteed by the ECHR should be interpreted and implemented consistently with those rights, as interpreted in the case-law of the European Court of Human Rights.

               (43)

               Since the objective of this Directive, namely establishing common minimum standards relating to the right to information in criminal proceedings, cannot be achieved by Member States acting unilaterally, at national, regional or local level, and can therefore, by reason of its scale and effects, 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.

               (44)

               In accordance with Article 3 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption and application of this Directive.

               (45)

               In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter
   This Directive lays down rules concerning the right to information of suspects or accused persons, relating to their rights in criminal proceedings and to the accusation against them. It also lays down rules concerning the right to information of persons subject to a European Arrest Warrant relating to their rights.
   Article 2
   Scope
   1.   This Directive applies from the time persons are made aware by the competent authorities of a Member State that they are suspected or accused of having committed a criminal offence until the conclusion of the proceedings, which is understood to mean the final determination of the question whether the suspect or accused person has committed the criminal offence, including, where applicable, sentencing and the resolution of any appeal.
   2.   Where the law of a Member State provides for the imposition of a sanction regarding minor offences by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed to such a court, this Directive shall apply only to the proceedings before that court, following such an appeal.
   Article 3
   Right to information about rights
   1.   Member States shall ensure that suspects or accused persons are provided promptly with information concerning at least the following procedural rights, as they apply under national law, in order to allow for those rights to be exercised effectively:

               (a)

               the right of access to a lawyer;

               (b)

               any entitlement to free legal advice and the conditions for obtaining such advice;

               (c)

               the right to be informed of the accusation, in accordance with Article 6;

               (d)

               the right to interpretation and translation;

               (e)

               the right to remain silent.

         2.   Member States shall ensure that the information provided for under paragraph 1 shall be given orally or in writing, in simple and accessible language, taking into account any particular needs of vulnerable suspects or vulnerable accused persons.
   Article 4
   Letter of Rights on arrest
   1.   Member States shall ensure that suspects or accused persons who are arrested or detained are provided promptly with a written Letter of Rights. They shall be given an opportunity to read the Letter of Rights and shall be allowed to keep it in their possession throughout the time that they are deprived of liberty.
   2.   In addition to the information set out in Article 3, the Letter of Rights referred to in paragraph 1 of this Article shall contain information about the following rights as they apply under national law:

               (a)

               the right of access to the materials of the case;

               (b)

               the right to have consular authorities and one person informed;

               (c)

               the right of access to urgent medical assistance; and

               (d)

               the maximum number of hours or days suspects or accused persons may be deprived of liberty before being brought before a judicial authority.

         3.   The Letter of Rights shall also contain basic information about any possibility, under national law, of challenging the lawfulness of the arrest; obtaining a review of the detention; or making a request for provisional release.
   4.   The Letter of Rights shall be drafted in simple and accessible language. An indicative model Letter of Rights is set out in Annex I.
   5.   Member States shall ensure that suspects or accused persons receive the Letter of Rights written in a language that they understand. Where a Letter of Rights is not available in the appropriate language, suspects or accused persons shall be informed of their rights orally in a language that they understand. A Letter of Rights in a language that they understand shall then be given to them without undue delay.
   Article 5
   Letter of Rights in European Arrest Warrant proceedings
   1.   Member States shall ensure that persons who are arrested for the purpose of the execution of a European Arrest Warrant are provided promptly with an appropriate Letter of Rights containing information on their rights according to the law implementing Framework Decision 2002/584/JHA in the executing Member State.
   2.   The Letter of Rights shall be drafted in simple and accessible language. An indicative model Letter of Rights is set out in Annex II.
   Article 6
   Right to information about the accusation
   1.   Member States shall ensure that suspects or accused persons are provided with information about the criminal act they are suspected or accused of having committed. That information shall be provided promptly and in such detail as is necessary to safeguard the fairness of the proceedings and the effective exercise of the rights of the defence.
   2.   Member States shall ensure that suspects or accused persons who are arrested or detained are informed of the reasons for their arrest or detention, including the criminal act they are suspected or accused of having committed.
   3.   Member States shall ensure that, at the latest on submission of the merits of the accusation to a court, detailed information is provided on the accusation, including the nature and legal classification of the criminal offence, as well as the nature of participation by the accused person.
   4.   Member States shall ensure that suspects or accused persons are informed promptly of any changes in the information given in accordance with this Article where this is necessary to safeguard the fairness of the proceedings.
   Article 7
   Right of access to the materials of the case
   1.   Where a person is arrested and detained at any stage of the criminal proceedings, Member States shall ensure that documents related to the specific case in the possession of the competent authorities which are essential to challenging effectively, in accordance with national law, the lawfulness of the arrest or detention, are made available to arrested persons or to their lawyers.
   2.   Member States shall ensure that access is granted at least to all material evidence in the possession of the competent authorities, whether for or against suspects or accused persons, to those persons or their lawyers in order to safeguard the fairness of the proceedings and to prepare the defence.
   3.   Without prejudice to paragraph 1, access to the materials referred to in paragraph 2 shall be granted in due time to allow the effective exercise of the rights of the defence and at the latest upon submission of the merits of the accusation to the judgment of a court. Where further material evidence comes into the possession of the competent authorities, access shall be granted to it in due time to allow for it to be considered.
   4.   By way of derogation from paragraphs 2 and 3, provided that this does not prejudice the right to a fair trial, access to certain materials may be refused if such access may lead to a serious threat to the life or the fundamental rights of another person or if such refusal is strictly necessary to safeguard an important public interest, such as in cases where access could prejudice an ongoing investigation or seriously harm the national security of the Member State in which the criminal proceedings are instituted. Member States shall ensure that, in accordance with procedures in national law, a decision to refuse access to certain materials in accordance with this paragraph is taken by a judicial authority or is at least subject to judicial review.
   5.   Access, as referred to in this Article, shall be provided free of charge.
   Article 8
   Verification and remedies
   1.   Member States shall ensure that when information is provided to suspects or accused persons in accordance with Articles 3 to 6 this is noted using the recording procedure specified in the law of the Member State concerned.
   2.   Member States shall ensure that suspects or accused persons or their lawyers have the right to challenge, in accordance with procedures in national law, the possible failure or refusal of the competent authorities to provide information in accordance with this Directive.
   Article 9
   Training
   Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request those responsible for the training of judges, prosecutors, police and judicial staff involved in criminal proceedings to provide appropriate training with respect to the objectives of this Directive.
   Article 10
   Non-regression
   Nothing in this Directive shall be construed as limiting or derogating from any of the rights or procedural safeguards that are ensured under the Charter, the ECHR, other relevant provisions of international law or the law of any Member State which provides a higher level of protection.
   Article 11
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 2 June 2014.
   2.   Member States shall transmit the text of those measures to the Commission.
   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 the Member States.
   Article 12
   Report
   The Commission shall, by 2 June 2015, submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures in order to comply with this Directive, accompanied, if necessary, by legislative proposals.
   Article 13
   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 14
   Addressees
   This Directive is addressed to the Member States in accordance with the Treaties.

      Done at Strasbourg, 22 May 2012.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         N. WAMMEN

      (1)  OJ C 54, 19.2.2011, p. 48.

      (2)  Position of the European Parliament of 13 December 2011 (not yet published in the Official Journal) and decision of the Council of 26 April 2012.

      (3)  OJ C 12, 15.1.2001, p. 10.

      (4)  OJ C 295, 4.12.2009, p. 1.

      (5)  OJ C 115, 4.5.2010, p. 1.

      (6)  OJ L 280, 26.10.2010, p. 1.

      (7)  OJ L 190, 18.7.2002, p. 1.

      ANNEX I

         Indicative model Letter of Rights

      The sole purpose of this model is to assist national authorities in drawing up their Letter of Rights at national level. Member States are not bound to use this model. When preparing their Letter of Rights, Member States may amend this model in order to align it with their national rules and add further useful information. The Member State’s Letter of Rights must be given upon arrest or detention. This however does not prevent Member States from providing suspects or accused persons with written information in other situations during criminal proceedings.

      A.   ASSISTANCE OF A LAWYER/ENTITLEMENT TO LEGAL AID
      You have the right to speak confidentially to a lawyer. A lawyer is independent from the police. Ask the police if you need help to get in contact with a lawyer, the police shall help you. In certain cases the assistance may be free of charge. Ask the police for more information.
      B.   INFORMATION ABOUT THE ACCUSATION
      You have the right to know why you have been arrested or detained and what you are suspected or accused of having done.
      C.   INTERPRETATION AND TRANSLATION
      If you do not speak or understand the language spoken by the police or other competent authorities, you have the right to be assisted by an interpreter, free of charge. The interpreter may help you to talk to your lawyer and must keep the content of that communication confidential. You have the right to translation of at least the relevant passages of essential documents, including any order by a judge allowing your arrest or keeping you in custody, any charge or indictment and any judgment. You may in some circumstances be provided with an oral translation or summary.
      D.   RIGHT TO REMAIN SILENT
      While questioned by the police or other competent authorities, you do not have to answer questions about the alleged offence. Your lawyer can help you to decide on that.
      E.   ACCESS TO DOCUMENTS
      When you are arrested and detained, you (or your lawyer) have the right to access essential documents you need to challenge the arrest or detention. If your case goes to court, you (or your lawyer) have the right to access the material evidence for or against you.
      F.   INFORMING SOMEONE ELSE ABOUT YOUR ARREST OR DETENTION/INFORMING YOUR CONSULATE OR EMBASSY
      When you are arrested or detained, you should tell the police if you want someone to be informed of your detention, for example a family member or your employer. In certain cases the right to inform another person of your detention may be temporarily restricted. In such cases the police will inform you of this.
      If you are a foreigner, tell the police if you want your consular authority or embassy to be informed of your detention. Please also tell the police if you want to contact an official of your consular authority or embassy.
      G.   URGENT MEDICAL ASSISTANCE
      When you are arrested or detained, you have the right to urgent medical assistance. Please let the police know if you are in need of such assistance.
      H.   PERIOD OF DEPRIVATION OF LIBERTY
      After your arrest you may be deprived of liberty or detained for a maximum period of … [fill in applicable number of hours/days]. At the end of that period you must either be released or be heard by a judge who will decide on your further detention. Ask your lawyer or the judge for information about the possibility to challenge your arrest, to review the detention or to ask for provisional release.

      ANNEX II

         Indicative model Letter of Rights for persons arrested on the basis of a European Arrest Warrant

      The sole purpose of this model is to assist national authorities in drawing up their Letter of Rights at national level. Member States are not bound to use this model. When preparing their Letter of Rights, Member States may amend this model in order to align it with their national rules and add further useful information.

      A.   INFORMATION ABOUT THE EUROPEAN ARREST WARRANT
      You have the right to be informed about the content of the European Arrest Warrant on the basis of which you have been arrested.
      B.   ASSISTANCE OF A LAWYER
      You have the right to speak confidentially to a lawyer. A lawyer is independent from the police. Ask the police if you need help to get in contact with a lawyer, the police shall help you. In certain cases the assistance may be free of charge. Ask the police for more information.
      C.   INTERPRETATION AND TRANSLATION
      If you do not speak or understand the language spoken by the police or other competent authorities, you have the right to be assisted by an interpreter, free of charge. The interpreter may help you to talk to your lawyer and must keep the content of that communication confidential. You have the right to a translation of the European Arrest Warrant in a language you understand. You may in some circumstances be provided with an oral translation or summary.
      D.   POSSIBILITY TO CONSENT
      You may consent or not consent to being surrendered to the State seeking you. Your consent would speed up the proceedings. [Possible addition of certain Member States: It may be difficult or even impossible to change this decision at a later stage.] Ask the authorities or your lawyer for more information.
      E.   HEARING
      If you do not consent to your surrender, you have the right to be heard by a judicial authority.