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31987L0480

Commission Directive 87/480/EEC of 9 September 1987 amending Council Directives 66/401/EEC and 69/208/EEC on the marketing of fodder plant seed and seed of oil and fibre plants respectively

Official Journal L 273 , 26/09/1987 P. 0043 - 0044 Finnish special edition: Chapter 3 Volume 24 P. 0131  Swedish special edition: Chapter 3 Volume 24 P. 0131

*****COMMISSION  DIRECTIVE  of 9 September 1987  amending Council Directives 66/401/EEC and 69/208/EEC on the marketing of fodder plant seed and seed of oil and fibre plants respectively  (87/480/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (1), as last amended by Commission Directive 87/120/EEC (2), and in particular Article 21a thereof,  Having regard to Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants (3), as last amended by Commission Directive 87/120/EEC, and in particular Article 20a thereof,  Whereas, in the light of the development of scientific and technical knowledge, Annex II to Directive 66/401/EEC and Annex II to Directive 69/208/EEC should be amended so as to improve the standards to be satisfied by seed of certain fodder plant species and certain oil and fibre plant species in respect of the maximum content of seed of Rumex spp. other than Rumex acetosella and, in the case of the fodder plant species, Rumex maritimus;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 66/401/EEC is hereby amended as follows:  1. For the species listed on the left below the entries in column 14 of the table in Annex II (I) (2) (A) are replaced by the entries on the right below:  1.2 // Alopecurus pratensis   // 5(n)   // Arrhenatherum elatius   // 5(n)   // Dactylis glomerata   // 5(n)  // Festuca arundinacea   // 5(n)   // Festuca ovina   // 5(n)  // Festuca pratensis   // 5(n)   // Festuca rubra   // 5(n)  // Lolium multiflorum   // 5(n)   // Lolium perenne   // 5(n)  // Lolium × boucheanum   // 5(n)   // Phalaris aquatica   // 5   // Hedysarum coronarium   // 5   // Lupinus albus   // 5(n)  // Lupinus angustifolius   // 5(n)   // Lupinus luteus  // 5(n)   // Medicago lupulina   // 10   // Medicago sativa  // 10   // Medicago × varia   // 10   // Onobrychis viciifolia   // 5   // Pisum sativum   // 5(n)   // Trifolium alexandrinum   // 10   // Trifolium incarnatum   // 10   // Trifolium pratense   // 10   // Trigonella foenum-graecum   // 5  // Vicia faba   // 5(n)   // Vicia pannonica   // 5(n)  // Vicia sativa   // 5(n)   // Vicia villosa   // 5(n)  // Brassica napus var. napobrassica   // 5   // Brassica oleracea convar. acephala var. medullosa + var. viridis   // 10   // Raphanus sativus var. oleiformis   // 5.  2. For the species listed on the left below the entries in column 4 of the table in Annex II (II) (2) (A) are replaced by the entries on the right below:  1.2 // Alopecurus pratensis   // 2   // Arrhenatherum elatius   // 2   // Dactylis glomerata   // 2   // Festuca arundinacea  // 2   // Festuca ovina   // 2   // Festuca pratensis   // 2  // Festuca rubra   // 2   // Lolium multiflorum   // 2  // Lolium perenne   // 2   // Lolium × boucheanum   // 2  // Phalaris aquatica   // 2   // Hedysarum coronarium   // 2  // Loyus corniculatus   // 3   // Lupinus albus   // 2  // Lupinus angustifolius   // 2   // Lupinus luteus   // 2  // Medicago sativa   // 3   // Medicago × varia   // 3 2. 1987, p. 39. (3) OJ No L 169, 10. 7. 1969, p. 3.   // Pisum sativum   // 2   // Trifolium alexandrinum   // 3  // Trifolium hybridum   // 3   // Trifolium incarnatum   // 3  // Trifolium resupinatum   // 3   // Trigonella foenum-graecum   // 2   // Vicia faba   // 2   // Vicia pannonica   // 2  // Vicia sativa   // 2   // Vicia villosa   // 2   // Brassica napus var. napobrassica   // 2   // Brassica oleracea convar. acephala var. medullosa + var. viridis   // 3   // Raphanus sativus var. oleiformis   // 2.  Article 2  Directive 69/208/EEC is hereby amended as follows:  For the species listed on the left below the entries in column 9 of the table in Annex II (I) (2) (A) are replaced by the entries on the right below:  Brassica spp.  - basic seed 2,  - certified seed 5;  Sinapis alba  - basic seed 2,  - certified seed 5.  Article 3  Member States shall take the measures necessary to comply with this Directive not later than 1 July 1990. They shall forthwith inform the Commission thereof.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 9 September 1987.  For the Commission  Frans ANDRIESSEN  Vice-President  // Onobrychis viciifolia   // 2  (1) OJ No 125, 11. 7. 1966, p. 2298/66. (2) OJ No L 49, 18.


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31993L0033

Council Directive 93/33/EEC of 14 June 1993 on protective devices intended to prevent the unauthorized use of two- or three-wheel motor vehicles

Official Journal L 188 , 29/07/1993 P. 0032 - 0037 Finnish special edition: Chapter 7 Volume 4 P. 0238  Swedish special edition: Chapter 7 Volume 4 P. 0238

COUNCIL DIRECTIVE  93/33/EECof 14 June 1993on protective devices intended to prevent the unauthorized use of two- or  three-wheel motor vehiclesTHE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  100a thereof, Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two-  or three-wheel motor vehicles (1), Having regard to the proposal from the Commission (2), In cooperation with the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (4), Whereas the internal market comprises an area without internal frontiers in which the free movement  of goods, persons, services and capital is ensured; whereas measures necessary to that end should  be adopted; Whereas, with regard to their protective devices intended to prevent unauthorized use, in each  Member State two- or three-wheel motor vehicles must display certain technical characteristics laid  down by mandatory provisions which differ from one Member State to another; whereas, as a result of  their differences, such provisions constitute a barrier to trade within the Community; Whereas those obstacles to the establishment and operation of the internal market may be removed if  the same requirements are adopted by all Member States in place of their national rules; Whereas it is necessary to draw up harmonized requirements concerning the protective devices  intended to prevent the unauthorized use of two- or three-wheel motor vehicles in order to enable  the type-approval and component type-approval procedures laid down in Directive 92/61/EEC to be  applied for each type of such vehicle; Whereas, given the scale and impact of the action proposed in the sector in question, the Community  measures covered by this Directive are necessary, indeed essential, to achieve the aim in view,  which is to establish Community vehicle type-approval; whereas that aim cannot be adequately  achieved by the Member States individually; Whereas in order to facilitate access to the markets of non-Community countries it would seem  necessary to establish equivalence between the requirements of this Directive and those of  Regulation No 62 of the United Nations Economic Commission for Europe, HAS ADOPTED THIS DIRECTIVE: Article 1This Directive and its Annexes apply to the protective devices  intended to prevent the unauthorized use of all types of vehicle as defined in Article 1 of  Directive 92/61/EEC. Article 2The procedure for the granting of component type-approval in respect of the protective  device intended to prevent the unauthorized use of a type of two- or three-wheel motor vehicle and  the conditions governing the free movement of such vehicles shall be as laid down in Chapters II  and III of Directive 92/61/EEC. Article 3In accordance with Article 11 of Directive 92/61/EEC, equivalence between the  requirements laid down in this Directive and those laid down in United Nations ECE Regulation No 62  (E/ECE/TRANS/505 - Add. 61 / Amend. 1) is hereby acknowledged. The authorities of the Member States which grant component type-approval shall accept approvals  granted in accordance with the requirements of the abovementioned Regulation No 62 as well as  component type-approval marks as an alternative to the corresponding approvals granted in  accordance with this Directive. Article 4This Directive may be amended in accordance with Article 13 of Directive 70/156/EEC (5)  in order to: - take into account any amendments to the United Nations ECE Regulation referred to in Article 3, - adapt the Annexes to technical progress. Article 51. Member States shall adopt and publish the provisions necessary to comply with this  Directive not later than 14 December 1994. They shall forthwith inform the Commission thereof. When the Member States adopt these provisions, 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. From the date mentioned in the first subparagraph Member States may not, for reasons connected with  the protective device intended to prevent unauthorized use, prohibit the initial entry into service  of vehicles which conform to this Directive. They shall apply the provisions referred to in the first subparagraph as from 14 June 1995. 2. Member States shall communicate to the Commission the texts of the provisions of national law  which they adopt in the field governed by this Directive. Article 6This Directive is addressed to the Member States. Done at Luxembourg, 14 June 1993. For the CouncilThe PresidentJ. TROEJBORG(1) OJ No L 225, 10. 8. 1992, p. 72. (2) OJ No C 293, 9. 11. 1992, p. 32. (3) OJ No C 337, 21. 12. 1992, p. 103 and OJ No C 176, 28. 6. 1993. (4) OJ No C 73, 15. 3. 1993, p. 22. (5) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by Directive 92/53/EEC (OJ No L 225,  10. 8. 1992, p. 1).  ANNEX I SCOPE - DEFINITIONS - GENERAL AND SPECIFIC REQUIREMENTS 1. SCOPE1.1. This  Directive applies to protective devices intended to prevent the unauthorized use of two-wheel motor  vehicles with or without sidecar and three-wheel motor vehicles. 2. DEFINITIONS2.1. For the purpose of this Directive: 2.2. 'component type-approval' means component type-approval in respect of protection against the  unauthorized use of a type of vehicle; 2.3. 'type of vehicle' means motor vehicles not essentially differing from each other, and in  particular with regard to the following aspects; 2.3.1. information concerning the type of vehicle provided by the manufacturer; 2.3.2. arrangement and form taken by the component or components of the vehicle on which the  protective device acts; 2.3.3. type of protective device; 2.4. 'protective device' means a system intended to prevent the unauthorized use of the vehicle by  positively locking the steering and/or transmission; that system may: 2.4.1. act solely and positively on the steering, (type-1 device); 2.4.2. act positively on the steering at the same time as the device which switches off the engine  of the vehicle (type-2 device); 2.4.3. when preloaded, act on the steering at the same times as the device which switches off the  engine of the vehicle (type-3 device); 2.4.4. act positively on the transmission (type-4 device); 2.5. 'steering device' means the steering control (handlebar or steering wheel), the steering head  and any accessory fittings or other components having a direct incidence on the effectiveness of  the protective device; 2.6. 'combination' means a variant intended and produced especially for this use of a locking  system which, when properly actuated, enables said locking system to operate; 2.7. 'key' means any device designed and manufactured in order to actuate a locking system that  itself has been designed and manufactured in order to be actuated solely by that device. 3. GENERAL REQUIREMENTS3.1. All two- or three-wheel motor vehicles, with the exception of mopeds,  must be fitted with a protective device intended to prevent unauthorized use which meets the  requirements contained in this Directive. Where a device intended to prevent unauthorized use is  fitted to a moped, it must meet the requirements contained in this Directive. 3.2. The protective device must be such that: 3.2.1. it is necessary to disable it in order to point, drive or move the vehicle straight ahead; 3.2.2. it is necessary, in the case of a type-4 protective device, to render it inoperative in  order to release the transmission. If this device is actuated by the parking control it must act at  the same time as the device which stops the engine of the vehicle; 3.2.3. the key can only be removed when the catch is fully engaged or withdrawn. It must be  impossible to obtain any intermediate position of the key which may subsequently engage the bolt,  even if the key for the protective device is introduced. 3.3. The requirements set out in section 3.2 must be met by manipulating a key just once. 3.4. The protective device referred to in section 3.1 and the parts that it controls within the  vehicle shall be designed in such a way that it is impossible quickly and without attracting  attention to open it, render it inoperative or destroy it, for example by using ordinary, cheap  tools, equipment or instruments that are easy to conceal. 3.5. The protective device must form part of the vehicle's original equipment (i.e. it must be  fitted by the manufacturer before initial retail sale). The lock must be attached firmly to the  protective device. (If the lock can be extracted by using the key following removal of the cover or  any other retaining device, this does not conflict with the requirement.)3.6. The key locking  system must incorporate at least 1 000 different combinations or a quantity equivalent to the  number of vehicles built annually if that number is lower than 1 000. The frequency of a  combination for a given type of vehicle must be roughly 1 per 1 000. 3.7. The key and lock code must not be visible. 3.8. The lock must be designed, manufactured and installed in such a way that it is not possible to  turn the cylinder when it is in the locked position by applying a torque of less than 0,245 m daN  with anything other than the appropriate key, and3.8.1. if the cylinder is of the pin type, that  there are no more of than two identical grooves operating in the same direction, adjacent and no  more than 60 % of identical grooves, or3.8.2. if the cylinder is of the disc type, that there are  no more than two identical adjacent grooves operating in the same direction and no more than 50 %  of identical slots. 3.9. The protective devices must be such that, when the vehicle is set in motion and the engine is  turning there is no likelihood of accidental jamming which could, in particular, constitute a  safety hazard. 3.10. If it is of type 1, 2 or 3, once it has been armed the protective device must, without any  deterioration of the steering device that is likely to impair safety, be able to withstand the  application in both directions and under static conditions of a torque of 20 m daN along the axis  of the steering spindle. 3.11. If it is of type 1, 2 or 3 the protective device must be designed in such a way that the  steering can only be locked at an angle of at least 20° to the left and/or right in relation to the  straight-ahead position. 3.12. In a locked position, the protective device must, in the case of type-4 devices, where  maximum torque of the traction motor is applied, prevent the rotation of the drive wheel. 4. SPECIFIC REQUIREMENTS4.1. In addition to the general requirements set out in section 3 the  protective device must also meet the specific requirements set out below: 4.1.1. it must not be possible in the case of type-1 or type-2 protective devices to actuate the  lock other than by the motion of the key, the steering device as defined in section 2.5 being in  the appropriate position for engagement of the catch in the corresponding slot; 4.1.2. in the case of type-3 protective devices it must not be possible to preload the catch via  action on the part of the vehicle user combined or added to a turning of the key. Apart from the  conditions provided for in section 3.2.3 it shall not be possible to remove the key once the catch  has been preloaded; 4.2. it must not be possible to engage the catch in type-2 and type-3 protective devices if the  device is in a position enabling the engine of the vehicle to be started; 4.3. where a type-3 protective device is armed it must not be possible to prevent said device from  operating; 4.4. type-3 protective devices must remain in a good operating state and in particular must  continue to meet the requirements set out in sections 3.8, 3.9, 3.10 and 4.3 after being subjected  to 2 500 locking cycles in each direction in the test specified in Annex II.  ANNEX II WEAR TEST ON TYPE 3 PROTECTIVE DEVICES 1. TEST EQUIPMENT1.1. The test  equipment consists of: 1.1.1. a rig on which the sample of a steering unit fitted with a protective device as defined in  section 2.4 in Annex I may be mounted; 1.1.2. a system for actuating and releasing the device, including the use of the key; 1.1.3. a system designed to rotate the steering spindle in relation to the protective device. 2. TEST METHOD2.1. A sample of the steering unit fitted with the protective device is mounted on  the rig referred to in section 1.1.1. 2.2. A test cycle then involves the following operations: 2.2.1. starting position: the protective device is deactivated and the steering spindle placed in a  position preventing activation of the protective device; 2.2.2. arming: the protective device is armed by turning the key; 2.2.3. activation: the steering spindle is turned in such a way that the torque applied to it when  the protective device is armed is 5,88 Nm ± 0,25; 2.2.4. deactivation: the protective device is deactivated by the normal means, the torque being  reduced to 0 in order to ease deactivation; 2.2.5. return position: the steering spindle is turned until it reaches a position which does not  permit engagement of the protective device; 2.2.6. rotation in the opposite direction: the operations referred to in Items 2.2.2, 2.2.3, 2.2.4  and 2.2.5 are repeated, but in the opposite direction of rotation of the steering spindle; 2.2.7. the interval between two successive activations of the device shall be at least 10 seconds; 2.3. the wear cycle is repeated the number of times provided for in section 4.4 of Annex I.  ANNEX III Appendix 1 Information document in respect of protective devices intended to  prevent the unauthorized use of a type of two- or three-wheel motor vehicle(to be attached to the  application for component type-approval if this is submitted separately from the application for  vehicle type-approval)Order No (assigned by the applicant): . The application for the component type-approval of protective devices intended to prevent the  unauthorized use of a type of two or three-wheel motor vehicle shall contain the information set  out in Annex II to Directive 92/61/EEC, Part A, sections: - 0.1- 0.2- 0.4 to 0.6- 9.4.1- 9.4.2 and, where it is: - a type 1 device, sections 6.1 and 6.1.1, - a type 2 or 3 device, sections 3.2.5 to 3.2.6.2, 6.1 and 6.1.1, - a type 4 device, sections 4.1 to 4.4.2. Appendix 2 Name of administrationComponent type-approval certificate in respect of a protective  device intended to prevent the unauthorized use of a type of two- or three-wheel motor  vehicleMODELReport No . by technical service . date . Component type-approval No: . Extension No: . 1. Trade mark or name of vehicle: . 2. Type of vehicle: . 3. Manufacturer's name and address: . . 4. Name and address of manufacturer's representative (if any): . . 5. Date vehicle submitted for test: . 6. Component type-approval granted/refused (1): 7. Place: . 8. Date: . 9. Signature: . (1) Delete as appropriate.


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32003L0019

Commission Directive 2003/19/EC of 21 March 2003 amending, for the purposes of adapting to technical progress, Directive 97/27/EC of the European Parliament and of the Council relating to the masses and dimensions of certain categories of motor vehicles and their trailers (Text with EEA relevance)

Official Journal L 079 , 26/03/2003 P. 0006 - 0013

Commission Directive 2003/19/ECof 21 March 2003amending, for the purposes of adapting to technical progress, Directive 97/27/EC of the European Parliament and of the Council relating to the masses and dimensions of certain categories of motor vehicles and their trailers(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(1), as last amended by Commission Directive 2001/116/EC(2), and in particular Article 13(2) thereof,Whereas:(1) Directive 97/27/EC of the European Parliament and of the Council of 22 July 1997 relating to the masses and dimensions of certain categories of motor vehicles and their trailers and amending Directive 70/156/EEC(3), as amended by Directive 2001/85/EC(4), is one of the separate Directives under the EC type-approval procedure established by Directive 70/156/EEC. The provisions of Directive 70/156/EEC relating to vehicle systems, components and separate technical units therefore apply to Directive 97/27/EC.(2) In the light of experience gained with the application of Directive 97/27/EC, it is necessary to amend and to specify more precisely certain provisions contained therein in order to ensure uniform interpretation in all Member States.(3) Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic(5), as amended by Directive 2002/7/EC of the European Parliament and of the Council(6), increases the authorised dimensions of certain motor vehicles and in particular the maximum length of buses and coaches. In order to allow the EC type-approval of vehicles reaching the maximum authorised length it is necessary to amend the requirements of Directive 97/27/EC accordingly.(4) 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 1Annexes I to IV to Directive 97/27/EC are amended in accordance with the Annex to this Directive.Article 21. With effect from 1 October 2003, in the case of vehicles which comply with the requirements of Directive 97/27/EC, as amended by this Directive, Member States shall not, on grounds relating to the masses and dimensions:(a) refuse, in respect of a type of motor vehicle of category M2, M3, N or O, to grant EC type-approval or national type-approval; or(b) refuse, in respect of a type of motor vehicle of category M2, M3, N or O, to assign registration/in-service masses in accordance with Annex IV (where required); or(c) prohibit the registration, sale or entry into service of such vehicles.2. With effect from 1 October 2004, Member States shall not grant EC type-approval, and may refuse to grant national type-approval, for a type of vehicle of category M2, M3, N or O on grounds relating to its masses and dimensions, if the requirements of Directive 97/27/EC, as amended by this Directive, are not fulfilled.Article 3This Directive shall not invalidate any approvals granted pursuant to Directive 97/27/EC, nor prevent the extension of such approvals in accordance with the Directive under which they were granted.Article 4The United Kingdom and Portugal may, within their territory until 9 March 2005, refuse to grant national type-approval of a vehicle type, or refuse or prohibit the sale, registration, entry into service or use of a vehicle, or consider its certificate of conformity as not valid within the meaning of Article 7(1) of Directive 70/156/EEC if the vehicle does not comply with the manoeuvrability criteria specified in Article 8(a) of Directive 96/53/EC.Article 51. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 2003 at the latest. 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 reference on the occasion of their official publication. Member States shall determine how such reference is made.2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.Article 6This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 7This Directive is addressed to the Member States.Done at Brussels, 21 March 2003.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 42, 23.2.1970, p. 1.(2) OJ L 18, 21.1.2002, p. 1.(3) OJ L 233, 25.8.1997, p. 1.(4) OJ L 42, 13.2.2002, p. 1.(5) OJ L 235, 17.9.1996, p. 59.(6) OJ L 67, 9.3.2002, p. 47.ANNEXANNEXES I TO IV TO DIRECTIVE 97/27/EC ARE AMENDED AS FOLLOWS:A. Annex I is amended as follows:1. Under the heading in section 2, the following is inserted:"The definitions as laid down in Annex I (including the footnotes) and in Annex II to Directive 70/156/EEC shall apply to this Directive."2. Section 2.4.1 is amended as follows:(a) the sixth and seventh indents are replaced by the following:"- mirrors and other devices for indirect vision,- watching aids,"(b) the tenth, eleventh and twelfth indents are replaced by the following:"- access steps and hand-holds,- ram rubbers and similar equipment,- lifting platforms, access ramps and similar equipment in running order, not exceeding 300 mm, provided that the loading capacity of the vehicle is not increased;"(c) the following fourteenth and fifteenth indents are added:"- trolley booms of electrically-propelled vehicles,- external sun visors."3. Section 2.4.2 is amended as follows:(a) the seventh indent is replaced by the following:"- mirrors and other devices for indirect vision,"(b) the following eleventh and twelfth indents are added:"- watching aids;- retractable lateral guidance devices on buses and coaches intended for use on guided bus systems, if not retracted."4. In section 2.4.3, the second indent is replaced by the following:"- pantographs or trolley booms in their elevated position."5. In section 2.4.4, the second indent is replaced by the following:"- the devices mentioned in section 2.4.1".6. Section 2.5 is replaced by the following:"2.5. 'Mass of the vehicle in running order' means the mass defined in section 2.6 of Annex I to Directive 70/156/EEC."7. In section 2.6, the second sentence is replaced by the following:"The vehicle category is determined in accordance with Annex II to Directive 70/156/EEC."8. Sections 2.7, 2.8 and 2.9 are replaced by the following:"2.7. 'Technically permissible maximum mass on the axle (m)' means the mass corresponding to the maximum permissible static vertical load exerted by the axle on the road surface, based on the construction of the vehicle and of the axle and as stated by the vehicle manufacturer.In vehicles of category N1 the technically permissible maximum mass on the rear axle(s) may be exceeded by not more than 15 % and the technically permissible maximum laden mass of the vehicle may be exceeded by not more than 10 % or 100 kg, whichever is the lesser, to apply only in the case of a trailer towing vehicle, provided that the operating speed is restricted to 80 km/h or less.The vehicle manufacturer shall specify any such speed restriction or other operating conditions in the owner's manual.2.8. 'Technically permissible maximum mass on a group of axles (μ)' means the mass corresponding to the maximum permissible static vertical load exerted by the group of axles on the road surface, based on both the construction of the vehicle and of the group of axles and as stated by the vehicle manufacturer.2.9. 'Towable mass' means the total load exerted on the road surface by the axle(s) of the towed vehicle(s)."9. Section 2.11 is replaced by the following:"2.11. 'Technically permissible maximum mass on the coupling point of a motor vehicle' means the mass corresponding to the maximum permissible static vertical load on the coupling point based on the construction of the motor vehicle and/or coupling device and as stated by the manufacturer. By definition, this mass does not include the mass of the coupling device of the motor vehicle."10. Section 2.13 is replaced by the following:"2.13. 'Technically permissible maximum laden mass of the combination (MC)' means the total mass of a combination of motor vehicle and trailer(s) as stated by the manufacturer. The maximum technically permissible mass on the axle of the trailer should be used instead of the technically permissible maximum laden mass M in the case of combinations with semi-trailers or centre-axle trailers."11. Section 2.19 is replaced by the following:"2.19. 'Vehicle type' means vehicles which do not differ in such essential respects as:- manufacturer,- essential aspects of construction and design such as:- for vehicles of categories M2 and M3:- chassis/self supporting body, single/double deck, rigid/articulated (obvious and fundamental differences),- number of axles;- for vehicles of category N:- chassis/floor pan (obvious and fundamental differences),- number of axles;- for vehicles of category O:- chassis/self-supporting body (obvious and fundamental differences), drawbar trailer/semi-trailer/centre-axle trailer,- braking system: unbraked/inertia/continuous,- number of axles.For the purposes of this section, aspects of construction and design, such as in particular the wheelbase, axle design, suspension, steering, tyres and the corresponding modifications of the brake correcting device for the axles, or the adjunction or suppression of reduction valves in relation to semi-trailer tractor and lorry configurations, and equipment related to the chassis (e.g. engine, fuel tanks, transmission, etc.) are not considered to be essential."12. Section 7.2 is replaced by the following:"7.2. Measurement of dimensionsMeasurement of the overall length, width and height is carried out in accordance with the provisions of section 2.4 on the vehicle(s) in running order submitted in accordance with section 3.3.If the measured dimensions differ by more than 1 % from those stated by the manufacturer for the corresponding technical configurations within the type, the measured dimensions are used for the purpose of the requirements below and the technical service may then, if necessary, carry out additional measurements on vehicles other than those submitted in accordance with section 3.3. The limit values laid down in Annex I to Directive 96/53/EC may not, however, be exceeded."13. Sections 7.4.2.5 and 7.4.2.5.1 are replaced by the following:"7.4.2.5. When the vehicle is laden to its mass M according to any one of the relevant situations described in sections 7.4.2.5.1 or 7.4.2.5.2 the mass corresponding to the load on the axle 'i' must not exceed the mass Mi on that axle, and the mass corresponding to the load on the solo axle or group of axles 'j' must not exceed the mass μj.7.4.2.5.1. Uniform distribution of mass means the vehicle in running order with a mass of 75 kg positioned on every passenger seat is laden to its mass M, the payload being uniformly distributed on the area designed for the transportation of goods."14. Sections 7.4.2.5.1.1 and 7.4.2.5.1.2 are deleted.15. Section 7.4.2.5.2 is replaced by the following:"7.4.2.5.2. In the case of extreme distribution of mass (non-uniform load), the manufacturer must state the extreme permissible possible positions of the centre of gravity of the payload and/or body and/or equipment or interior fittings (for instance: from 0,50 m to 1,30 m in front of the first rear axle), with the vehicle in running order and a mass of 75 kg positioned on every passenger seat being laden to its mass M."16. Sections 7.4.2.5.2.1 to 7.4.2.5.3.2 are deleted.17. Section 7.4.3.2 is replaced by the following:"7.4.3.2. The mass of the vehicle in running order, plus the mass Q multiplied by the number of seated and standing passengers, plus the masses WP, B and BX as defined in section 7.4.3.3.1, plus the technical permissible maximum mass on the coupling point, if a coupling is fitted by the manufacturer, shall not exceed the mass M."18. Section 7.4.3.3.1 is replaced by the following:"7.4.3.3.1. The vehicle in running order is loaded with: a mass corresponding to the number P of seated passengers, of mass Q; a mass corresponding to the number SP of standing passengers, of mass Q uniformly distributed over the surface available for standing passengers S1; where appropriate, a mass WP uniformly distributed over each wheelchair space; a mass equal to B (kg) uniformly distributed in the baggage compartments; a mass equal to BX (kg) uniformly distributed over the surface area of the roof equipped for the carriage of baggage, where:P is the number of seating places.S1 is the area for standing passengers. In the case of vehicles of classes III or B, S1 = 0.SP, declared by the manufacturer, must not exceed the value S1/Ssp, where Ssp is the conventional space provided for one standing passenger specified in the table below.WP (kg), is the number of wheelchair spaces multiplied by 250 kg representing the mass of a wheelchair and user.B (kg), declared by the manufacturer, must have a numeric value not less than 100 x V. This shall include baggage compartments or racks that may be attached to the outside of the vehicle.V is the total volume of baggage compartments in m3. When approving a vehicle of Class I or A, the volume of baggage compartments accessible only from the outside of the vehicle shall be disregarded.BX, declared by the manufacturer, must have a numeric value not less than 75 kg/m2. Double deck vehicles shall not be equipped for the carriage of baggage on the roof and therefore BX for double deck vehicles shall be zero.Q and Ssp have values laid down in the following table:>TABLE>"19. The following sections 7.4.3.3.2 to 7.4.3.3.2.3 are inserted:"7.4.3.3.2. In the case of a vehicle equipped with a variable seating capacity, area available for standing passengers (S1) and/or equipped for the carriage of wheelchairs, the requirements of sections 7.4.3.2 and 7.4.3.3 shall be determined for each of the following conditions as applicable.7.4.3.3.2.1. With all possible seats occupied followed by the remaining area for standing passengers (up to the standing capacity limit declared by the manufacturer, if reached) and, if space remains, any wheelchair spaces occupied.7.4.3.3.2.2. With all possible standing areas occupied (up to the standing capacity limit declared by the manufacturer) followed by the remaining seats available for seated passengers and, if space remains, any wheelchair spaces occupied.7.4.3.3.2.3. With all possible wheelchair spaces occupied followed by the remaining area for standing passengers (up to the standing capacity limit declared by the manufacturer, if reached) and then the remaining seats available for use occupied."20. Section 7.4.3.4 is replaced by the following:"7.4.3.4. When the vehicle is in running order or laden as specified in section 7.4.3.3.1, the mass corresponding to the load on the front axle or group of axles must not be less than the percentage of the mass of the vehicle in running order or of the technically permissible maximum laden mass 'M' laid down in the following table:>TABLE>"21. The following section 7.4.3.5 is inserted:"7.4.3.5. Where a vehicle is to be approved to more than one Class, sections 7.4.3.2 and 7.4.3.3 shall apply to each Class."22. In section 7.4.4, the title is replaced by the following:"7.4.4. Requirements for trailer caravans".23. In section 7.6.1, the second sentence is replaced by the following:"For motor vehicles and semi-trailers with axle-lift devices (see section 2.14), this requirement also applies with the retractable axle(s) in the lifted position or loadable axle(s) in the unladen condition. Starting aids such as retractable axles fulfilling the requirements of section 3.5 of Annex IV are exempt from this requirement."24. Sections 7.6.2, 7.6.3 and 7.6.4 are replaced by the following:"7.6.2. Additional requirements for vehicles of category N:When the vehicle is stationary and has its steered wheels so directed that if the vehicle moved, its outermost forward point would describe a circle of 12,50 m radius, a vertical plane tangential to the side of the vehicle which faces outwards from the circle must be established by marking a line on the ground.When the vehicle moves forward on either side following the circle of 12,50 m radius, no part of it may move outside the vertical plane by more than 0,80 m (see figure B).For vehicles with an axle-lift device this requirement also applies with the axle(s) in the lifted position (within the meaning of 2.14). For vehicles of Category N with retractable axles in the lifted position, or loadable axles in the unladen condition, the figure of 0,80 m is replaced by 1,00 m.7.6.3. Additional requirements for vehicles of categories M2 or M3With the vehicle stationary, a vertical plane tangential to the side of the vehicle and facing outwards from the circle shall be established by marking a line on the ground. In the case of an articulated vehicle, the two rigid portions shall be aligned with the plane. When the vehicle moves from a straight line approach into the circular area described in section 7.6.1, no part of it shall move outside of that vertical plane by more than 0,60 m (see figures C and D).7.6.4. The requirements of sections 7.6.1 to 7.6.3 may also be verified, at the request of the manufacturer, with an appropriate equivalent calculation or geometric demonstration.If, at the request of the manufacturer, vehicles of category N without steered rear axles are verified according to their geometric characteristics: a vehicle is deemed to comply with the requirements of paragraph 7.6.2 above if its rear overhang is not more than 60 % of the vehicle wheelbase."25. In section 7.6.3, figure C is replaced by the following:Figure C>PIC FILE= "L_2003079EN.001101.TIF">R= 12,5 mr= 5,3 mU= maximum 0,626. In Section 7.6.3, the following figure D is added:Figure C>PIC FILE= "L_2003079EN.001201.TIF">R= 12,5 mr= 5,3 mU= maximum 0,627. The following section 7.6.5 is inserted:"7.6.5. In the case of incomplete vehicles, the manufacturer must declare the maximum permissible dimensions for which the vehicle is to be checked against the requirements of sections 7.6.1 to 7.6.3."28. Sections 7.8.1 and 7.8.2 are replaced by the following:"7.8.1. The technically permissible maximum mass on the coupling point of a motor vehicle designed to tow a centre-axle trailer and with a technically permissible maximum towable mass exceeding 3,5 tonnes must be at least equal to 10 % of its technically permissible maximum towable mass, or 1000 kg, whichever is the lesser.7.8.2. The technically permissible maximum mass on the coupling point of a motor vehicle designed to tow a centre-axle trailer and with a technically permissible maximum towable mass not exceeding 3,5 tonnes must be at least equal to 4 % of its technically permissible maximum towable mass, or 25 kg, whichever is the greater."29. Section 7.10 is replaced by the following:"7.10. Engine power/maximum mass ratioMotor vehicles must provide an engine power output of at least 5 kW/t of the technically permissible maximum laden mass of the combination. In the case of a road tractor, the engine power must be at least 2,2 kW/t. The engine power is measured according to the provisions of Council Directive 80/1269/EEC(1)."B. Annex II is amended as follows:1. Section 0.2 is replaced by the following:"0.2. Type."2. Section 13 is replaced by the following:>PIC FILE= "L_2003079EN.001301.TIF">C. Annex III is amended as follows:In the Appendix, the following section 1.24.3 is inserted:"1.24.3. Number of wheelchair places for category M2 and M3 vehicles (2):"D. Annex IV is amended as follows:1. Section 1.3.3 is deleted.2. Section 2.2.1 is amended as follows:(a) point (c) is replaced by the following:"c) vehicles with a maximum mass not exceeding 3,5 t only intended to tow trailers with inertia (overrun) braking systems: the registration/in-service maximum permissible laden mass of the vehicle, or, for off-road vehicles (see section 7.5 of Annex I), 1,5 times that mass with a maximum of 3,5 t;"(b) point (e) is replaced by the following:"e) vehicles intended to tow trailers, apart from semi-trailers, with continuous braking systems: 1,5 times the registration/in-service maximum permissible laden mass of the vehicle."3. In section 2.2.1, the last line of the first paragraph, which reads "provided that all the relevant technical provisions of Directive 96/53/EC are fulfilled" is deleted.4. In section 3.2, the second sentence is replaced by the following:"To that end the retractable or loadable axle must lower to the ground or be loaded automatically if the nearest axle(s) of the group or the front axle of the motor vehicle is (are) laden to its (their) registration/in-service maximum permissible mass(es)."5. Section 3.3 is deleted.6. In section 3.5.1, the fourth indent is replaced by the following:"- after the motor vehicle has moved off and before it exceeds a speed of 30 km/h, the axle must automatically lower again to the ground or be reloaded."(1) OJ L 375, 31.12.1980, p. 46.


Avis juridique important

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31989L0297

Council Directive 89/297/EEC of 13 April 1989 on the approximation of the laws of the Member States relating to the lateral protection (side guards) of certain motor vehicles and their trailers

Official Journal L 124 , 05/05/1989 P. 0001 - 0007 Finnish special edition: Chapter 13 Volume 18 P. 0234  Swedish special edition: Chapter 13 Volume 18 P. 0234

COUNCIL DIRECTIVE of 13 April 1989 on the approximation of the laws of the Member States relating to the lateral protection (side guards) of certain motor vehicles and their trailers (89/297/EEC) THE 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 it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise an area without internal frontiers in which the free movement  of goods, persons, services and capital is ensured;  Whereas the technical requirements which vehicles must satisfy pursuant to national laws relate inter alia to the side guards of motor vehicles and their trailers;  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, in particular, to allow the  EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the  approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (4), as last amended by Directive 87/403/EEC (5), to be introduced in respect of each type of vehicle;  Whereas, in order to increase road safety, it is necessary to fit side guards to all vehicles in higher weight categories in order to offer unprotected road users (pedestrians, cyclists, motorcyclists) efficient protection against the risk of falling  under the sides of such vehicles;  Whereas, for practical reasons, it is felt necessary to provide for different periods of application for new type-approvals and for all new vehicles;  Whereas the approximation of the national laws relating to motor vehicles includes the mutual recognition by the Member States of the checks carried out by each of them on the basis of common requirements,  HAS ADOPTED THIS DIRECTIVE:    Article 1 For the purposes of this Directive, ´vehicle' means any motor vehicle in categories N2 and N3 and trailer in categories 03 and 04, as defined in Annex 1 to Directive 70/156/EEC, designed for use on the road, with or without bodywork and with a  maximum design speed exceeding 25 km/h.   Article 2 1.  No Member State may, on grounds relating to lateral protection, refuse to grant EEC type-approval or national type-approval in respect of a vehicle if such vehicle meets the requirements set out in the Annex.  2.  No Member State may, on grounds relating to lateral protection, refuse or prohibit the sale, registration, entry into service or use of a vehicle if such a vehicle meets the requirements set out in the Annex.  Article 3 A Member State which has granted EEC type-approval shall take the measures necessary to ensure that it is informed of any modification to a part or characteristic referred to in the Annex. The competent authorities of that Member State shall  determine whether fresh tests should be carried out on the modified type and a fresh report drawn up. Where such tests reveal that the requirements of this Directive have not been complied with, the modification shall not be authorized.  Article 4 1.  With effect from 1 June 1990 Member States:  - may no longer issue the document provided for in Article 10 (1), third indent, of Directive 70/156/EEC in respect of a type of vehicle of which the lateral protection devices do not meet the requirements of this Directive,  - may refuse to grant national type-approval in respect of a type of vehicle of which the lateral protection devices do not comply with the provisions of this Directive.  2.  With effect from 1 May 1991 Member States may prohibit the first entry into service of vehicles of which the lateral protection devices do not comply with the provisions of this Directive.  Article 5 The amendments necessary in order to adapt the requirements of the Annex so as to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.  Article 6 1.  Member States shall bring into force the provisions necessary in order to comply with this Directive by 30 October 1989. They shall forthwith inform the Commission thereof.  2.  Member States shall communicate the main provisions of national law which they adopt in the field covered by this Directive to the Commission.  Article 7 This Directive is addressed to the Member States.   Done at Luxembourg, 13 April 1989.  For the Council The President P. SOLBES  (1) OJ No C 265, 5. 10. 1987, p. 21. (2) OJ No C 94, 11. 4. 1988, p. 23. (3) OJ No C 80, 28. 3. 1988, p. 17.(4) OJ No L 42, 23. 2. 1970, p. 1. (5) OJ No L 220, 8. 8. 1987, p. 44.   ANNEX   TECHNICAL REQUIREMENTS FOR LATERAL PROTECTION  1.  General prescriptions and definitions 1.1.  Every vehicle of categories N2, N3, O3 and O4 shall be so constructed and/or equipped as to offer, when a complete entity, effective protection to unprotected road users (pedestrians, cyclists, motorcyclists) against the risk of falling under the sides  of the vehicle and being caught under the wheels (;).  The Directive does not apply to:  - tractors for semi-trailers,  - trailers specially designed and constructed for the carriage of very long loads of indivisible length, such as timber, steel bars, etc.,  - vehicles designed and constructed for special purposes where it is not possible, for practical reasons, to fit such lateral protection.  1.2.  A vehicle shall be deemed to satisfy the requirement set out in point 1.1 if its side parts provide protection conforming to the provisions of the paragraphs below.  1.3.  Definitions 1.3.1.  Vehicle type for the purposes of lateral protection The term ´vehicle type for the purposes of lateral protection' means vehicles which do not differ with respect to the following main characteristics:  width of the rear axle, structure, dimensions, shape and materials of the bodywork and chassis, characteristics of the suspension of the vehicle in so far as they have a bearing on the requirements of point 2.  1.3.2.  ´Unladen mass' means the weight of the vehicle in running order, unoccupied and unladen but complete with fuel coolant, lubricant tools and spare wheel, if supplied by the vehicle manufacturer as standard equipment.  1.4.  Positioning of the vehicle When tested for compliance with the technical specifications set out in point 2, the position of the vehicle shall be as fallows:  - on a horizontal and flat surface,  - the steered wheels shall be in a straight-ahead position,  - the vehicle shall be unladen,  - semi-trailers shall be positioned on their supports with the loading survace horizontal.  2.  Lateral protection provided by a specific device (side guard) 2.1.  The device shall not increase the overall width of the vehicle and the main part of its outer surface shall not be more than 120 mm inboard from the outermost plane (maximum width) of the vehicle. Its forward end may be turned inwards on some vehicles  in accordance with points 2.4.2 and 2.4.3. Its rearward end shall not be more than 30 mm inboard from the outermost edge of the rear tyres (excluding any bulging of the tyres close to the ground) over at least the rearmost 250 mm.  2.2.  The outer surface of the device shall be smooth, substantially flat or horizontally corrugated and so far as possible continuous from front to rear; adjacent parts may however overlap, provided that the overlapping edge faces rearwards or downwards, or  a gap of not more than 25 mm measured longitudinally may be left, provided that the rearward part does not protrude outboard of the forward part; domed heads of bolts or rivets may protrude beyond the surface to a distance not exceeding 10 mm and other  parts may protrude to the same extent provided that they are smooth and similarly rounded; all external edges and corners shall be rounded with a radius not less than 2,5 mm (tested as prescribed in Directive 74/483/EEC ($)).  (;) This Directive does not prevent any country from having additional requirements for the vehicle parts forward of the front wheels and rearward of the rear wheels.  ($) OJ No L 266, 2. 10. 1974, p. 4.  2.3.  The device may consist of a continuous flat surface, or of one or more horizontal rails, or a combination of surface and rails; when rails are used, they shall be not more than 300 mm apart and not less than:  - 50 mm high in the case of category N2 and O3 vehicles,  - 100 mm high and essentially flat in the case of N3 and O4 vehicles.  Combinations of surfaces and rails shall form a continuous side guard subject, however, to the provisions of point 2.2.  2.4.  The forward edge of the side guard shall be constructed as follows:  2.4.1.  Its position shall be:  2.4.1.1.  on a motor vehicle: not more than 300 mm to the rear of the transverse vertical plane tangential to the rearmost part of the tyre on the wheel immediately forward of the guard;  2.4.1.2.  on a drawbar trailer: not more than 500 mm to the rear of the plane defined in point 2.4.1.1;  2.4.1.3.  on a semi-trailer: not more than 250 mm to the rear of the transverse median plane of the support legs, if support legs are fitted, but in any case the distance of the front edge to the transverse plane passing through the centre of the kingpin in its  rearmost position may not exceed 2,7 m.  2.4.2.  Where the forward edge lies in otherwise open space, the edge shall consist of a continuous vertical member extending over the whole height of the guard; the outer and forward faces of this member shall measure at least 50 mm rearward and be turned 100  mm inwards in the case of N2 and O3 and at least 100 mm rearwards and be turned 100 mm inwards in the case of N3 and O4.  2.4.3.  On a motor vehicle where the 300 mm-dimension referred to in point 2.4.1.1 falls within the cab, the guard shall be so constructed as to meet the cab panels and if necessary be turned in through an angle not exceeding 45g. A longitudinal gap of 100 mm  shall be permitted between the forward edge and the cab panels in the case of suspended or tilt cabs. In this case, the provisions of point 2.4.2 are not applicable.  2.4.4.  On a motor vehicle where the 300 mm dimension referred to in point 2.4.1.1 falls behind the cab and the side guard is extended forward as indicated in point 2.4.3. as an option to the manufacturer, the provisions of point 2.4.3 must be met.  2.5.  The rearward edge of the side guard shall not be more than 300 mm forward of the transverse vertical plane tangential to the foremost part of the tyre on the wheel immediately to the rear; a continuous vertical member is not required on the rear edge.  2.6.  The lower edge of the side guard shall at no point be more than 550 mm above the ground.  2.7.  The upper edge of the guard shall not be more than 350 mm below that part of the structure of the vehicle, cut or contacted by a vertical plane tangential to the outer surface of the tyres, excluding any bulging close to the ground, except in the  following cases:  2.7.1.  where the plane in point 2.7 does not cut the structure of the vehicle, the upper edge shall be level with the surface of the load-carrying platform, of 950 mm from the ground, whichever is the less;  2.7.2.  where the plane in point 2.7 cuts the structure of the vehicle at a level more than 1.3 m above the ground, then the upper edge of the side guard shall not be less than 950 mm above the ground;  2.7.3.  on a vehicle specially designed and constructed, and not merely adapted, for the carriage of a container or demountable body, the upper edge of the guard may be determined in accordance with points 2.7.1 and 2.7.2, the container or body being considered  as part of the vehicle.  2.8.  Side guards shall be essentially rigid, securely mounted (they shall not be liable to loosening due to vibration in normal use of the vehicle) and, except as regards the parts listed in point 2.9, made of metal or any other suitable material.  The side guard shall be considered suitable if it is capable of withstanding a horizontal static force of 1 kN applied perpendicularly to any part of its external surface by the centre of a ram the face of which is circular and flat, with a diameter of  220 mm p 10 mm, and if the deflection of the guard under load is then not more than:  - 30 mm over the rearmost 250 mm of the guard, and  - 150 mm over the remainder of the guard.  2.8.1.  The above requirement may be checked by means of calculations.  2.9.  Components permanently fixed to the vehicle, e.g. battery box, air tanks, fuel tanks, lamps, reflectors, spare wheels and tool boxes, may be incorporated in the side guard, provided that they meet the dimensional requirements of the Directive. As  regards gaps, the requirements set out in point 2.2 shall apply.  2.10.  The side guard may not be used for the attachment of brake, air or hydraulic pipes.  3.  By derogation from the above provisions, vehicles of the following types need comply only as indicated in each case:  3.1.  An extendible trailer shall comply with all of the requirements of point 2, when closed to its minimum length; when the trailer is extended, the side guards shall comply with points 2.6, 2.7 and 2.8, and with either 2.4 or 2.5 but not necessarily both;  extension of the trailer shall not produce gaps in the length of the side guards;  3.2.  a tank-vehicle that is a vehicle designed solely for the carriage of fluid substance in a closed tank permanently fitted to the vehicle and provided with hose or pipe connections for loading or unloading, shall be fitted with side guards which comply so  far as is practicable with all the requirements of point 2; strict compliance may be waived only where operational requirements make this necessary;  3.3.  On a vehicle fitted with extendible legs to provide additional stability during loading, unloading or other operations for which the vehicle is designed, the side guard may be arranged with additional gaps where these are necessary to permit extension  of the legs.  3.4.  On a vehicle equipped with anchorage points for ro-ro transport, gaps shall be permitted within the side guard to accept the passage and tensioning of fixing lashings.  4.  If the sides of the vehicle are so designed and/or equipped that by their shape and characteristics their component parts together meet the requirements of point 2, they may be regarded as replacing the side guards.  5.  Application for EEC type-approval 5.1.  The application for EEC type-approval of a vehicle type with respect to lateral protection shall be submitted by the vehicle manufacturer or his authorized representative.  5.2.  It must be accompanied by the undermentioned documents in triplicate and the following information:  5.2.1.  a description of the vehicle from the standpoint of the criteria referred to in point 1.4.1, together with dimensional drawings and either photographs or exploded views of the sides of the vehicle. The numbers and/or symbols identifying the vehicle type  must be quoted;  5.2.2.  a technical description of the parts providing lateral protection together with sufficiently detailed information.  5.3.  a vehicle representative of the type to be approved must be submitted to the technical service responsible for the type-approval tests.  6.  EEC type-approval 6.1.  The EEC type-approval certificate for the vehicle type must be accompanied by an Annex drawn up in conformity with the model shown in the Appendix.  Appendix  MODEL [Maximum format: A4 (210×297 mm)]   e . . .  (¹) ANNEX TO THE EEC TYPE-APPROVAL CERTIFICATE IN RESPECT OF THE LATERAL PROTECTION OF A TYPE OF VEHICLE (Articles 4 (2) and 10 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) EEC type-approval number: ...........; Extension: .   1.  Trade mark or name of vehicle: .   2.  Type of vehicle and category: .   3.  Name and address of manufacturer: .  .  .   4.  Name and address of manufacturer's authorized representative (if any): .  .   5.  Characteristics of the parts providing lateral protection: .  .   6.  Vehicle submitted for EEC type-approval on: .  .   7.  Technical service responsible for EEC type-approval tests: .  .   8.  Date of test report issued by the technical service: .   9.  Number of test report issued by the technical service: .  10.  Reason(s) for the extension of the EEC type-approval applicable): .  .  11.  EEC type approval/extension has been granted/refused (²) in respect of the lateral protection.  12.  Place: .  13.  Date: .  14.  Signature: .  15.  Annexed is a list of documents making up the EEC type-approval file, deposited with the competent authority which granted approval; a copy can be obtained on request.  16.  Remarks (if any): .  .  .(¹) Name of administration.  (²) Delete as appropriate.  Example  DIRECTIVE 89/297/EEC EEC TYPE-APPROVAL/EXTENSION NO: . . . .  TYPE: . . . .  Summary of annexed documents  Number of pages of the description:  Total number of pages of the file:    9 Number of pages of the description:    4 Number of pages of drawing:    4 Number of photographs:    1  Pages - General .  1 - General description of vehicle .  2 - Weights and dimensions .  2 - Description of side guard .  3  Drawings and photographs provided:  - drawing(s) of installation of the device: 031.3.046 (2 pages A4) 031.3.047 (2 pages A5) - photograph(s): 031.13.027 (1) All documents, drawings and photographs shall bear the EEC type-approval/extension number.


title: Directive 2006/113/EC of the European Parliament and of the Council of 12 December 2006 on the quality required of shellfish waters (codified version)

text:
               27.12.2006

               EN

               Official Journal of the European Union

               L 376/14

      DIRECTIVE 2006/113/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 12 December 2006
   on the quality required of shellfish waters
   (codified version)
   THE 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,
   Having regard to the Opinion of the European Economic and Social Committee,
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
   Whereas:

               (1)

               Council Directive 79/923/EEC of 30 October 1979 on the quality required of shellfish waters (2) has been substantially amended (3). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               The protection and improvement of the environment necessitate concrete measures to protect waters, including shellfish waters, against pollution.

               (3)

               It is necessary to safeguard certain shellfish populations from various harmful consequences, resulting from the discharge of pollutant substances into the sea.

               (4)

               Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (4) provides that quality objectives are to be jointly drawn up fixing the various requirements which an environment must meet, inter alia the definition of parameters for water, including shellfish waters.

               (5)

               Differences between the provisions in force in the various Member States as regards the quality required of shellfish waters may create unequal conditions of competition and thus directly affect the functioning of the internal market.

               (6)

               In order to attain the objectives of this Directive, the Member States must designate the waters to which it will apply and set limit values corresponding to certain parameters. The waters so designated will have to conform to these values within six years of designation.

               (7)

               For the purpose of checking the quality required of shellfish waters, a minimum number of samples should be taken and the measurements relating to parameters set out in Annex I should be carried out. Such sampling may be reduced or discontinued in the light of the results of the measurements.

               (8)

               Certain natural circumstances are beyond the control of the Member States and it is therefore necessary to provide for the possibility of derogating from this Directive in certain cases.

               (9)

               Technical and scientific progress may make necessary the rapid adaptation of some of the requirements laid down in Annex I. In order to facilitate the introduction of the measures required for this purpose, a procedure should be laid down establishing close cooperation between the Member States and the Commission. Such cooperation should take place in the Committee on Adaptation to Technical and Scientific Progress set up by Article 13(1) of Directive 2006/44/EC of the European Parliament and of the Council of 6 September 2006 on the quality of fresh waters needing protection or improvement in order to support fish life (5).

               (10)

               This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives, as set out in Part B of Annex II,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   This Directive concerns the quality of shellfish waters and applies to those coastal and brackish waters designated by the Member States as needing protection or improvement in order to support shellfish (bivalve and gasteropod molluscs) life and growth and thus to contribute to the high quality of shellfish products directly edible by man.
   Article 2
   The parameters applicable to the waters designated by the Member States are listed in Annex I.
   Article 3
   1.   Member States shall, for the designated waters, set values for the parameters listed in Annex I, in so far as values are given in column G or I. They shall comply with the comments contained in both columns.
   2.   Member States shall not set values less stringent than those given in column I of Annex I and shall endeavour to observe the values in column G, while taking into account the principle set out in Article 8.
   3.   For discharges of effluents falling within parameters ‘organohalogenated substances’ and ‘metals’, the emission standards laid down by the Member States pursuant to Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (6) shall be applied at the same time as the quality objectives and the other obligations arising from this Directive, in particular those relating to sampling.
   Article 4
   1.   Member States shall designate shellfish waters and may subsequently make additional designations.
   2.   Member States may revise the designation of certain waters owing in particular to factors unforeseen at the time of designation, taking into account the principle set out in Article 8.
   Article 5
   Member States shall establish programmes in order to reduce pollution and to ensure that designated waters conform, within six years following designation in accordance with Article 4, to both the values set by the Member States in accordance with Article 3 and the comments contained in columns G and I of Annex I.
   Article 6
   1.   For the purposes of implementing Article 5, the designated waters shall be deemed to conform to the provisions of this Directive if samples of such waters, taken at the minimum frequency specified in Annex I, at the same sampling point and over a period of 12 months, show that they conform to both the values set by the Member States in accordance with Article 3 and the comments contained in columns G and I of Annex I, as regards:

               (a)

               100 % of the samples for the parameters ‘organohalogenated substances’ and ‘metals’;

               (b)

               95 % of the samples for the parameters ‘salinity’ and ‘dissolved oxygen’;

               (c)

               75 % of the samples for the other parameters listed in Annex I.

         If, in accordance with Article 7(2), the sampling frequency for all the parameters in Annex I except ‘organohalogenated substances’ and ‘metals’ is lower than that indicated in Annex I, the values and comments referred to in the first subparagraph of this paragraph shall be complied with in the case of all the samples.
   2.   Instances in which the values set by Member States in accordance with Article 3 or the comments contained in columns G and I of Annex I are not respected shall not be taken into consideration in the calculation of the percentages provided for in paragraph 1 when such instances are the result of a disaster.
   Article 7
   1.   The competent authorities in the Member States shall carry out sampling operations, the minimum frequency of which is laid down in Annex I.
   2.   Where the competent authority records that the quality of designated waters is appreciably higher than that which would result from the application of the values set in accordance with Article 3 and the comments contained in columns G and I of Annex I, the frequency of the sampling may be reduced. Where there is no pollution and no risk of deterioration in the quality of the waters, the competent authority concerned may decide that no sampling is necessary.
   3.   If sampling shows that a value set in accordance with Article 3 or a comment contained in columns G or I of Annex I is not respected, the competent authority shall establish whether this is the result of chance, a natural phenomenon or pollution and shall adopt appropriate measures.
   4.   The exact sampling point, the distance from this point to the nearest point where pollutants are discharged and the depth at which the samples are to be taken shall be fixed by the competent authority of each Member State on the basis of local environmental conditions in particular.
   5.   The reference methods of analysis to be used for calculating the value of the parameters concerned are set out in Annex I. Laboratories which employ other methods shall ensure that the results obtained are equivalent or comparable to those specified in Annex I.
   Article 8
   Implementation of the measures taken pursuant to this Directive may on no account lead, either directly or indirectly, to increased pollution of coastal and brackish waters.
   Article 9
   Member States may at any time set more stringent values for designated waters than those laid down in this Directive. They may also lay down provisions relating to parameters other than those provided for in this Directive.
   Article 10
   Where a Member State considers designating shellfish waters in the immediate vicinity of a frontier with another Member State, these States shall consult each other in order to determine the stretches of such waters to which this Directive might apply and the consequences to be drawn from the common quality objectives; these consequences shall be determined, after formal consultations, by each Member State concerned. The Commission may participate in these deliberations.
   Article 11
   The Member States may derogate from this Directive in the event of exceptional weather or geographical conditions.
   Article 12
   Such amendments as are necessary for adapting to technical and scientific progress the G values for the parameters and the methods of analysis contained in Annex I shall be adopted by the Committee set up by Article 13(1) of Directive 2006/44/EC in accordance with the procedure referred to in Article 13(2) thereof.
   Article 13
   1.   For the purpose of applying this Directive, Member States shall provide the Commission with information concerning:

               (a)

               the waters designated in accordance with Article 4(1), in summary form;

               (b)

               the revision of the designation of certain waters in accordance with Article 4(2);

               (c)

               the provisions laid down in order to establish new parameters in accordance with Article 9.

         2.   Where a Member State applies the provisions of Article 11, it shall forthwith notify the Commission thereof, stating its reasons and the periods anticipated.
   3.   More generally, Member States shall provide the Commission, on a reasoned request from the latter, with any information necessary for the application of this Directive.
   Article 14
   At intervals of three years, and for the first time for the period from 1993 to 1995 inclusive, the Member States shall send information to the Commission on the implementation of this Directive, in the form of a sectoral report which shall also cover other pertinent Community Directives. This report shall be drawn up on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure referred to in Article 6(2) of Council Directive 91/692/EEC of 23 December 1991 standardising and rationalising reports on the implementation of certain Directives relating to the environment (7). The questionnaire or outline shall be sent to the Member States six months before the start of the period covered by the report. The report shall be sent to the Commission within nine months of the end of the three-year period covered by it.
   The Commission shall publish a Community report on the implementation of this Directive within nine months of receiving the reports from the Member States.
   Article 15
   Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
   Article 16
   Directive 79/923/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives, as set out in Part B of Annex II.
   References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex III.
   Article 17
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 18
   This Directive is addressed to the Member States.

      Done at Strasbourg, 12 December 2006.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         M. PEKKARINEN

      (1)  Opinion of the European Parliament delivered on 12 October 2006 (not yet published in the Official Journal) and Council Decision delivered on 30. November 2006.

      (2)  OJ L 281, 10.11.1979, p. 47. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48).

      (3)  See Annex II, Part A.

      (4)  OJ L 242, 10.9.2002, p. 1.

      (5)  OJ L 264, 25.9.2006, p. 20.

      (6)  OJ L 64, 4.3.2006, p. 52.

      (7)  OJ L 377, 31.12.1991, p. 48. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      ANNEX I
      QUALITY OF SHELLFISH WATERS

                  Parameter

                  G

                  I

                  Reference methods of analysis

                  Minimum sampling and measuring frequency

                  1.

                  pH
                  pH unit

                  7 — 9

                              —

                              Electrometry
                              Measured in situ at the time of sampling

                  Quarterly

                  2.

                  Temperature °C

                  A discharge affecting shellfish waters must not cause the temperature of the waters to exceed by more than 2 °C the temperature of waters not so affected

                              —

                              Thermometry
                              Measured in situ at the time of sampling

                  Quarterly

                  3.

                  Coloration (after filtration) mg Pt/l

                  A discharge affecting shellfish waters must not cause the colour of the waters after filtration to deviate by more than 10 mg Pt/l from the colour of waters not so affected

                              —

                              Filter through a 0·45 µm membrane
                              Photometric method, using the platinum/cobalt scale

                  Quarterly

                  4.

                  Suspended solids mg/l

                  A discharge affecting shellfish waters must not cause the suspended solid content of the waters to exceed by more than 30 % the content of waters not so affected

                              —

                              Filtration through a 0·45 µm membrane, drying at 105 °C and weighing

                              —

                              Centrifuging (for at least five minutes, with mean acceleration 2 800 to 3 200 g), drying at 105 °C and weighing

                  Quarterly

                  5.

                  Salinity ‰

                  12 to 38 ‰

                  ≤ 40 ‰
                  Discharge affecting shellfish waters must not cause their salinity to exceed by more than 10 % the salinity of waters not so affected

                  Conductimetry

                  Monthly

                  6.

                  Dissolved oxygen
                  (Saturation %)

                  ≥ 80 %

                  ≥ 70 % (average value)
                  Should an individual measurement indicate a value lower than 70 %, measurements shall be repeated
                  An individual measurement may not indicate a value of less than 60 % unless there are no harmful consequences for the development of shellfish colonies

                  Winkler's method
                  Electrochemical method

                  Monthly, with a minimum of one sample representative of low oxygen conditions on the day of sampling. However, where major daily variations are suspected, a minimum of two samples in one day shall be taken

                  7.

                  Petroleum hydrocarbons

                  Hydrocarbons must not be present in the shellfish water in such quantities as to:

                              —

                              produce a visible film on the surface of the water and/or a deposit on the shellfish,

                              —

                              have harmful effects on the shellfish

                  Visual examination

                  Quarterly

                  8.

                  Organohalogenated substances

                  The concentration of each substance in shellfish flesh must be so limited that it contributes, in accordance with Article 1, to the high quality of shellfish products

                  The concentration of each substance in the shellfish water or in shellfish flesh must not reach or exceed a level which has harmful effects on the shellfish and larvae

                  Gas chromatography after extraction with suitable solvents and purification

                  Half-yearly

                  9.

                     Metals

                  The concentration of each substance in shellfish flesh must be so limited that it contributes in accordance with Article 1, to the high quality of shellfish products

                  The concentration of each substance in the shellfish water or in the shellfish flesh must not exceed a level which gives rise to harmful effects on the shellfish and their larvae
                  The synergic effects of these metals must be taken into consideration

                  Spectrometry of atomic absorption preceded, where appropriate, by concentration and/or extraction

                  Half-yearly

                  Silver

                  Ag

                  Arsenic

                  As

                  Cadmium

                  Cd

                  Chromium

                  Cr

                  Copper

                  Cu

                  Mercury

                  Hg

                  Nickel

                  Ni

                  Lead

                  Pb

                  Zinc

                  Zn

                  mg/l

                  10.

                  Faecal coliforms/100 ml

                  ≤ 300 in the shellfish flesh and intervalvular liquid

                  Method of dilution with fermentation in liquid substrates in at least three tubes in three dilutions. Subculturing of the positive tubes on a confirmation medium. Count according to MPN (most probable number). Incubation temperature 44 °C ± 0,5 °C

                  Quarterly

                  11.

                  Substances affecting the taste of the shellfish

                  Concentration lower than that liable to impair the taste of the shellfish

                  Examination of the shellfish by tasting where the presence of one of these substances is presumed

                  12.

                  Saxitoxin (produced by dinoflagellates)

                  Abbreviations:

                              G

                              =

                              guide

                              I

                              =

                              mandatory

      ANNEX II
      PART A
      Repealed Directive with its amendment

                  Council Directive 79/923/EEC
                  (OJ L 281, 10.11.1979, p. 47)

                  Council Directive 91/692/EEC
                  (OJ L 377, 31.12.1991, p. 48)

                  Only Annex I, point (e)

            PART B
      List of time-limits for transposition into national law

         (referred to in Article 16)

                  Directive

                  Time-limit for transposition

                  79/923/EEC

                  6 November 1981

                  91/692/EEC

                  1 January 1993

      ANNEX III
      CORRELATION TABLE

                  Directive 79/923/EEC

                  This Directive

                  Article 1

                  Article 1

                  Article 2

                  Article 2

                  Article 3

                  Article 3

                  Article 4(1) and (2)

                  Article 4(1)

                  Article 4(3)

                  Article 4(2)

                  Article 5

                  Article 5

                  Article 6(1), first subparagraph, introductory sentence

                  Article 6(1), first subparagraph, introductory sentence

                  Article 6(1), first subparagraph, first indent

                  Article 6(1), first subparagraph, point (a)

                  Article 6(1), first subparagraph, second indent

                  Article 6(1), first subparagraph, point (b)

                  Article 6(1), first subparagraph, third indent

                  Article 6(1), first subparagraph, point (c)

                  Article 6(1), second subparagraph

                  Article 6(1), second subparagraph

                  Article 6(2)

                  Article 6(2)

                  Article 7

                  Article 7

                  Article 8

                  Article 8

                  Article 9

                  Article 9

                  Article 10

                  Article 10

                  Article 11

                  Article 11

                  Article 12

                  Article 12

                  Article 13, first paragraph, introductory sentence

                  Article 13(1), introductory sentence

                  Article 13, first paragraph, first indent

                  Article 13(1), point (a)

                  Article 13, first paragraph, second indent

                  Article 13(1), point (b)

                  Article 13, first paragraph, third indent

                  Article 13(1), point (c)

                  Article 13, second paragraph

                  Article 13(2)

                  Article 13, third paragraph

                  Article 13(3)

                  Article 14

                  Article 14

                  Article 15(1)

                  —

                  Article 15(2)

                  Article 15

                  —

                  Article 16

                  —

                  Article 17

                  Article 16

                  Article 18

                  Annex

                  Annex I

                  —

                  Annex II

                  —

                  Annex III