title: Commission Directive 2006/119/EC of 27 November 2006 amending for the purposes of adapting to technical progress Directive 2001/56/EC of the European Parliament and of the Council concerning heating systems for motor vehicles and their trailers   (Text with EEA relevance)

text:
               28.11.2006

               EN

               Official Journal of the European Union

               L 330/12

         COMMISSION DIRECTIVE 2006/119/EC
   of 27 November 2006
   amending for the purposes of adapting to technical progress Directive 2001/56/EC of the European Parliament and of the Council concerning heating systems for 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) and in particular Article 13(2) thereof,
   Whereas:

               (1)

               Directive 2001/56/EC of the European Parliament and of the Council (2) is one of the separate directives under the EC type-approval procedure which has been established by Directive 70/156/EEC. Directive 2001/56/EC lays down requirements for the type-approval of vehicles fitted with combustion heaters and of combustion heaters as components.

               (2)

               United Nations ECE Regulation No 122 concerning the approval of vehicles of categories M, N and O with regard to their heating systems entered into force on 18 January 2006. Since this regulation is applicable to the Community, it is necessary to provide equivalence between the requirements laid down in Directive 2001/56/EC and those laid down in United Nations ECE Regulation No 122. Therefore, the specific requirements set out in Annex 9 to United Nations ECE Regulation No 122, concerning the heating systems of vehicles transporting dangerous goods, shall be introduced in Directive 2001/56/EC.

               (3)

               Directive 2001/56/EC should therefore be amended accordingly.

               (4)

               The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established under Article 13 of Directive 70/156/EEC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Amendment to Directive 2001/56/EC
   Directive 2001/56/EC is amended in accordance with the text set out in the Annex to this Directive.
   Article 2
   Transitional provisions
   1.   With effect from 1 October 2007, in respect of a type of vehicle fitted with an LPG fuelled heating system which complies with the requirements laid down in Directive 2001/56/EC as amended by this Directive, Member States may not, on grounds relating to heating systems take either of the following measures:

               (a)

               refuse to grant EC type-approval or national type-approval;

               (b)

               prohibit the registration, sale or entry into service of a vehicle of that type.

         2.   With effect from 1 October 2007, in respect of a type of LPG fuelled combustion heater as a component which complies with the requirements laid down in Directive 2001/56/EC as amended by this Directive, Member States may not take either of the following measures:

               (a)

               refuse to grant EC type-approval or national type-approval;

               (b)

               prohibit the sale or entry into service of a component of that type.

         3.   With effect from 1 April 2008, in respect of a type of vehicle fitted with an LPG fuelled heating system, or a type of LPG fuelled combustion heater as a component, which does not comply with the requirements laid down in Directive 2001/56/EC as amended by this Directive, Member States shall refuse to grant EC type-approval and may refuse to grant national type-approval.
   Article 3
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 2007 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 4
   Entry into force
   This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
   Article 5
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 27 November 2006.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2006/40/EC of the European Parliament and of the Council (OJ L 161, 14.6.2006, p. 12).

      (2)  OJ L 292, 9.11.2001, p. 21. Directive as last amended by the Commission Directive 2004/78/EC (OJ L 231, 30.6.2004, p. 69).

      ANNEX
      Directive 2001/56/EC is amended as follows:

                  1.

                  The following line is added at the end of the ‘list of Annexes’:

                              ‘Annex IX

                           Additional provisions applicable to certain vehicles as defined in Directive 94/55/EC’

                  2.

                  Annex VIII is amended as follows:

                              (a)

                              The title of section 1 is replaced by the following:‘1.   LPG HEATING SYSTEMS FOR ROAD USE IN MOTOR VEHICLES’

                              (b)

                              Point 1.1.6.2 is replaced by the following:

                                          ‘1.1.6.2.

                                          no uncontrolled release due to an accidental disconnection can occur. Means shall be provided to stop the flow of LPG by installing a device directly after, or in, a cylinder or container mounted regulator, or, if the regulator is mounted remote from the cylinder or container, a device shall be installed directly before the hose or pipe from the cylinder or container and an additional device shall be installed in, or after, the regulator.’

                              (c)

                              The title of Section 2 is replaced by the following:‘2.   LPG HEATING SYSTEMS FOR STATIONARY USE ONLY IN MOTOR VEHICLES AND THEIR TRAILERS’

                  3.

                  The following Annex IX is added:

                     ‘ANNEX IX
                     ADDITIONAL PROVISIONS APPLICABLE TO CERTAIN VEHICLES AS DEFINED IN DIRECTIVE 94/55/EC (1)

                     1.   SCOPE
                     This annex applies to vehicles to which specific requirements concerning combustion heaters and their installation laid down in Directive 94/55/EC apply.
                     2.   DEFINITIONS
                     For the purpose of this Annex, the definitions of the vehicle designations EX/II, EX/III, AT, FL and OX set out in Chapter 9.1 of Annex B to Directive 94/55/EC apply.
                     3.   TECHNICAL PROVISIONS
                     3.1.   General (EX/II, EX/III, AT, FL and OX vehicles)
                     3.1.1.   The combustion heaters and their exhaust gas routing shall be designed, located, protected or covered so as to prevent any unacceptable risk of heating or ignition of the load. This requirement shall be considered as fulfilled if the fuel tank and the exhaust system of the appliance conform to the provisions set out in the points 3.1.1.1 and 3.1.1.2. Compliance with those provisions shall be verified on the completed vehicle.
                     3.1.1.1.   Any fuel tanks for supplying the appliance shall meet the following requirements:

                                 (a)

                                 in the event of any leakage, the fuel shall drain to the ground without coming into contact with hot parts of the vehicle or the load;

                                 (b)

                                 fuel tanks containing petrol shall be equipped with an effective flame trap at the filler opening or with a closure enabling the opening to be kept hermetically sealed.

                           3.1.1.2.   The exhaust system as well as the exhaust pipes shall be so directed or protected to avoid any danger to the load through heating or ignition. Parts of the exhaust system situated directly below the fuel tank (diesel) shall have a clearance of at least 100 mm or be protected by a thermal shield.
                     3.1.2.   The combustion heater shall be switched on manually. Programming devices shall be prohibited.
                     3.2.   EX/II and EX/III vehicles
                     Combustion heaters using gaseous fuels are not permitted.
                     3.3.   FL vehicles
                     3.3.1.   The combustion heaters shall be put out of operation by at least the following methods:

                                 (a)

                                 intentional manual switching off from the driver’s cab;

                                 (b)

                                 stopping of the vehicle engine; in this case the heating device may be restarted manually by the driver;

                                 (c)

                                 start-up of a feed pump on the motor vehicle for the dangerous goods carried.

                           3.3.2.   After running is permitted after the combustion heaters have been put out of operation. For the methods set out in points (b) and (c) of paragraph 3.3.1 the supply of combustion air shall be interrupted by suitable measures after an after-running cycle of not more than 40 seconds. Only heaters for which proof has been furnished that the heat exchanger is resistant to the reduced after-running cycle of 40 seconds for the time of their normal use shall be used.

                     (1)  OJ L 319, 21.12.1994 p. 7.’"


Avis juridique important

|

31989L0459

Council Directive 89/459/EEC of 18 July 1989 on the approximation of the laws of the Member States relating to the tread depth of tyres of certain categories of motor vehicles and their trailers

Official Journal L 226 , 03/08/1989 P. 0004 - 0004 Finnish special edition: Chapter 7 Volume 3 P. 0181  Swedish special edition: Chapter 7 Volume 3 P. 0181

COUNCIL DIRECTIVE of 18 July 1989 on the approximation of the laws of the Member States relating to the tread depth of tyres of certain categories of motor vehicles and their trailers (89/459/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Council and the Representatives of the Governments of the Member States, meeting within the Council on 19 December 1984, adopted a resolution on road safety (4) inviting the Commission to submit proposals in this connection to the Council in  this context;  Whereas rules on the minimum tread depth of tyres, despite being an individual and specific problem, are among the objectives and the work scheduled for 1986, which was Road Safety Year in the Community;  Whereas the European Parliament passed a resolution on 18 February 1986 on the Commission's programme for Road Safety Year 1986 (5) which included the tread depth of tyres as one of the Commission provisions to be adopted as soon as possible;  Whereas provisions of this kind must ensure a higher degree of safety;  Whereas national requirements governing minimum tread depth vary from one Member State to another and whereas such differences cause problems with regard to compliance with road law by motorists who use their cars in the territories of different Member  States;  Whereas harmonization of these requirements will facilitate the free movement of vehicles and individual travel between Member States and help to remove barriers to trade and distortions of competition,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Member States shall take all necessary steps to ensure that, throughout their service life on the road, tyres for category M1, N1, 01 and 02 vehicles as defined in Annex I 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 (6), as last amended by Directive 87/403/EEC (7), have a tread depth in the main grooves of the tread surface of at least 1,6 mm.  ´Main grooves' means the broad grooves in the central part of the tread surface, which covers about three-quarters of the width of the tread surface.  Article 2 After consulting the Commission, Member States may exclude from the scope of this Directive, or make special provisions for, vehicles which are declared to be of historical interest and, originally equipped with tyres, whether pneumatic or  other, which, when new, had a tread depth of less than 1,6 mm, provided that they are equipped with such tyres, are used in exceptional conditions and are never, or hardly ever, used on public roads.  Article 3 After consulting the Commission, Member States shall adopt and publish before 1 June 1991 the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1992. Member States shall inform the  Commission of the texts of the provisions they adopt to implement this Directive.  Article 4 This Directive is addressed to the Member States.   Done at Brussels, 18 July 1989.  For the Council The President R. DUMAS   (1) OJ No C 279, 17. 10. 1987, p. 5. (2) OJ No C 47, 27. 2. 1989, p. 185. (3) OJ No C 80, 28. 3. 1988, p. 22. (4) OJ No C 341, 21. 12. 1984, p. 1. (5) OJ No C 68, 24. 3. 1986, p. 35. (6) OJ No L 42, 23. 2. 1970, p. 1. (7) OJ No L 220, 8. 8. 1987, p. 44.


title: Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products  (Text with EEA relevance )

text:
               18.6.2010

               EN

               Official Journal of the European Union

               L 153/1

         DIRECTIVE 2010/30/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 19 May 2010
   on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products
   (recast)
   (Text with EEA relevance)
   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 194(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After having consulted the Committee of the Regions,
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances (3) has been substantially amended (4). Since further amendments have to be made, it should be recast in the interests of clarity.

               (2)

               The scope of Directive 92/75/EEC is restricted to household appliances. The Commission Communication of 16 July 2008 on the Sustainable Consumption and Production and Sustainable Industrial Policy Action Plan has shown that the extension of the scope of Directive 92/75/EEC to energy-related products which have a significant direct or indirect impact on energy consumption during use could reinforce potential synergies between existing legislative measures, and in particular Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy related products (5). This Directive should not prejudice the application of Directive 2009/125/EC. Together with that Directive and other Union instruments, this Directive forms part of a broader legal framework and, in the context of a holistic approach, brings about additional energy savings and environmental gains.

               (3)

               The Presidency conclusions of the European Council of 8 and 9 March 2007 emphasised the need to increase energy efficiency in the Union so as to achieve the objective of saving 20 % of the Union’s energy consumption by 2020, set targets for the EU-wide development of renewable energies and the reduction of greenhouse gas emissions and called for a thorough and rapid implementation of the key areas identified in the Commission Communication of 19 October 2006 entitled ‘Action Plan for Energy Efficiency: Realising the Potential’. The action plan highlighted the enormous energy savings opportunities in the products sector.

               (4)

               Improving the efficiency of energy-related products through informed consumer choice benefits the EU economy overall.

               (5)

               The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products should influence the end-user’s choice in favour of those products which consume or indirectly result in consuming less energy and other essential resources during use, thus prompting manufacturers to take steps to reduce the consumption of energy and other essential resources of the products which they manufacture. It should also, indirectly, encourage the efficient use of these products in order to contribute to the EU’s 20 % energy efficiency target. In the absence of this information, the operation of market forces alone will fail to promote the rational use of energy and other essential resources for these products.

               (6)

               It should be recalled that Union and national legislation exists which gives certain rights to consumers with respect to purchased products, including compensation or exchange of the product.

               (7)

               The Commission should provide a priority list of energy-related products that could be covered by a delegated act under this Directive. Such a list could be included in the Working Plan referred to in Directive 2009/125/EC.

               (8)

               Information plays a key role in the operation of market forces and it is therefore necessary to introduce a uniform label for all products of the same type, to provide potential purchasers with supplementary standardised information on those products’ costs in terms of energy and the consumption of other essential resources and to take measures to ensure that potential end-users who do not see the product displayed, and thus have no opportunity to see the label, are also supplied with this information. In order to be efficient and successful, the label should be easily recognisable to end-users, simple and concise. To this end the existing layout of the label should be retained as the basis to inform end-users about the energy efficiency of products. Energy consumption of and other information concerning the products should be measured in accordance with harmonised standards and methods.

               (9)

               As pointed out in the Commission’s Impact Assessment accompanying its proposal for this Directive, the energy labelling scheme has been followed as a model in different countries around the world.

               (10)

               Member States should regularly monitor compliance with this Directive, and include the relevant information in the report that they are obliged to submit every four years to the Commission under this Directive, with special regard to the responsibilities of suppliers and dealers.

               (11)

               Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (6) contains general provisions on market surveillance relating to the marketing of products. In order to achieve its aims, this Directive provides for more detailed provisions in this respect. Those provisions are consistent with Regulation (EC) No 765/2008.

               (12)

               A completely voluntary scheme would lead to only some products being labelled, or supplied with standard product information, with the risk that this might result in confusion or even misinformation for some end-users. The present scheme should therefore ensure that for all the products concerned, the consumption of energy and other essential resources is indicated by labelling and standard product fiches.

               (13)

               Energy-related products have a direct or indirect impact on the consumption of a wide variety of forms of energy during use, electricity and gas being the most important. This Directive should therefore cover energy-related products having a direct or indirect impact on the consumption of any form of energy during use.

               (14)

               Energy-related products which have a significant direct or indirect impact on consumption of energy or, where relevant, of essential resources during use and which afford adequate scope for increased efficiency should be covered by a delegated act, when provision of information through labelling may stimulate end-users to purchase more efficient products.

               (15)

               In order to meet the Union climate change and energy security objectives, and given that the total energy consumed by products is expected to continue to rise in the longer term, the delegated acts under this Directive could, where relevant, also highlight on the label the high total energy consumption of the product.

               (16)

               A number of Member States have public procurement policies in place which require contracting authorities to procure energy efficient products. A number of Member States also have put in place incentives for energy efficient products. The criteria for products to be eligible for public procurement or incentives can substantially differ from one Member State to another. To refer to performance classes as levels for particular products, as set out in delegated acts under this Directive, may reduce fragmentation of public procurement and incentives and facilitate the uptake of efficient products.

               (17)

               Incentives which Member States may provide for the promotion of efficient products might constitute State aid. This Directive does not prejudice the outcome of any future State aid procedure that may be undertaken in accordance with Articles 107 and 108 of the Treaty on the Functioning of the European Union (TFEU) in respect of such incentives and should not cover taxation and fiscal matters. Member States are free to decide on the nature of such incentives.

               (18)

               The promotion of energy efficient products through labelling, public procurement and incentives should not be to the detriment of the overall environmental performance and the functioning of such products.

               (19)

               The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of labelling and standard product information of the consumption of energy and other essential resources by energy-related products during use. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

               (20)

               The Commission should regularly submit to the European Parliament and the Council a synthesis, covering the EU and each Member State separately, of the reports on enforcement activities and the level of compliance submitted by Member States under this Directive.

               (21)

               The Commission should be responsible for adapting the label classifications with the aim of ensuring predictability for the industry and comprehension for consumers.

               (22)

               To a varying extent according to the product concerned, technological development and the potential for additional significant energy savings could make further product differentiation necessary and justify a review of the classification. Such review should include in particular the possibility of rescaling. This review should be carried out as expeditiously as possible in the case of products which, due to their very innovative characteristics, can make a significant contribution to energy efficiency.

               (23)

               When the Commission reviews progress and reports on the implementation of the Sustainable Consumption and Production and Sustainable Industrial Policy Action Plan in 2012, it will in particular analyse whether further action to improve the energy and environmental performance of products is needed, including, inter alia the possibility to provide consumers with information on the carbon footprint of products or the products’ environmental impact during their life cycle.

               (24)

               The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with Directive 92/75/EEC. The obligation to transpose the provisions which are unchanged arises under the Directive 92/75/EEC.

               (25)

               When Member States implement the provisions of this Directive, they should endeavour to refrain from adopting measures that could impose unnecessarily bureaucratic and unwieldy obligations on the market participants concerned, in particular small and medium-sized enterprises.

               (26)

               This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of Directive 92/75/EEC.

               (27)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (7), Member States are encouraged to draw up, for themselves and in the interest of the Union, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Scope
   1.   This Directive establishes a framework for the harmonisation of national measures on end-user information, particularly by means of labelling and standard product information, on the consumption of energy and where relevant of other essential resources during use, and supplementary information concerning energy-related products, thereby allowing end-users to choose more efficient products.
   2.   This Directive shall apply to energy-related products which have a significant direct or indirect impact on the consumption of energy and, where relevant, on other essential resources during use.
   3.   This Directive shall not apply to:

               (a)

               second-hand products;

               (b)

               any means of transport for persons or goods;

               (c)

               the rating plate or its equivalent affixed for safety purposes to products.

         Article 2
   Definitions
   For the purpose of this Directive:

               (a)

               ‘energy-related product’ or ‘product’ means any good having an impact on energy consumption during use, which is placed on the market and/or put into service in the Union, including parts intended to be incorporated into energy-related products covered by this Directive which are placed on the market and/or put into service as individual parts for end-users and of which the environmental performance can be assessed independently;

               (b)

               ‘fiche’ means a standard table of information relating to a product;

               (c)

               ‘other essential resources’ means water, chemicals or any other substance consumed by a product in normal use;

               (d)

               ‘supplementary information’ means other information concerning the performance and features of a product which relate to, or are helpful in evaluating, its use of energy or other essential resources based on measurable data;

               (e)

               ‘direct impact’ means the impact of products that actually consume energy during use;

               (f)

               ‘indirect impact’ means the impact of products that do not consume energy, but contribute to energy conservation during use;

               (g)

               ‘dealer’ means a retailer or other person who sells, hires, offers for hire-purchase or displays products to end-users;

               (h)

               ‘supplier’ means the manufacturer or its authorised representative in the Union or the importer who places or puts into service the product on the Union market. In their absence, any natural or legal person who places on the market or puts into service products covered by this Directive shall be considered a supplier;

               (i)

               ‘placing on the market’ means making a product available for the first time on the Union market with a view to its distribution or use within the Union, whether for reward or free of charge and irrespective of the selling technique;

               (j)

               ‘putting into service’ means the first use of a product for its intended purpose in the Union;

               (k)

               ‘unauthorised use of the label’ means the use of the label, other than by Member State authorities or EU institutions, in a manner not provided for in this Directive or a delegated act.

         Article 3
   Responsibilities of Member States
   1.   Member States shall ensure that:

               (a)

               all suppliers and dealers established in their territory fulfil the obligations laid down in Articles 5 and 6;

               (b)

               with respect to products covered by this Directive, the display of other labels, marks, symbols or inscriptions which do not comply with the requirements of this Directive and of the relevant delegated acts is prohibited, if such display is likely to mislead or confuse end-users with respect to the consumption of energy or, where relevant, other essential resources during use;

               (c)

               the introduction of the system of labels and fiches concerning energy consumption or conservation is accompanied by educational and promotional information campaigns aimed at promoting energy efficiency and more responsible use of energy by end-users;

               (d)

               appropriate measures are taken in order to encourage the relevant national or regional authorities responsible for implementing this Directive to cooperate and provide each other and the Commission with information in order to assist the application of this Directive. The administrative cooperation and exchange of information shall take the utmost advantage of electronic means of communication, shall be cost-effective and may be supported by relevant EU programmes. Such cooperation shall guarantee the security and confidentiality of processing and the protection of sensitive information provided during that procedure, where necessary. The Commission shall take appropriate measures in order to encourage and contribute to the cooperation between Member States referred to in this point.

         2.   Where a Member State ascertains that a product does not comply with all the relevant requirements set out in this Directive and its delegated acts for the label and the fiche, the supplier shall be obliged to make the product compliant with those requirements under effective and proportionate conditions imposed by the Member State.
   Where there is sufficient evidence that a product may be non-compliant, the Member State concerned shall take the necessary preventive measures and measures aimed at ensuring compliance within a precise time-frame, taking into account the damage caused.
   Where non-compliance continues, the Member State concerned shall take a decision restricting or prohibiting the placing on the market and/or putting into service of the product in question or ensuring that it is withdrawn from the market. In cases of withdrawal of the product from the market or prohibition on placing the product on the market, the Commission and the other Member States shall be immediately informed.
   3.   Every four years, the Member States shall submit a report to the Commission including details about their enforcement activities and the level of compliance in their territory.
   The Commission may specify the details of the common content of these reports, through the setting of guidelines.
   4.   The Commission shall regularly provide a synthesis of those reports to the European Parliament and the Council for information.
   Article 4
   Information requirements
   Member States shall ensure that:

               (a)

               information relating to the consumption of electric energy, other forms of energy and where relevant other essential resources during use, and supplementary information is, in accordance with delegated acts under this Directive, brought to the attention of end-users by means of a fiche and a label related to products offered for sale, hire, hire-purchase or displayed to end-users directly or indirectly by any means of distance selling, including the Internet;

               (b)

               the information referred to in point (a) is provided in respect of built-in or installed products only where required by the applicable delegated act;

               (c)

               any advertisement for a specific model of energy-related products covered by a delegated act under this Directive includes, where energy-related or price information is disclosed, a reference to the energy efficiency class of the product;

               (d)

               any technical promotional material concerning energy-related products which describes the specific technical parameters of a product, namely, technical manuals and manufacturers’ brochures, whether printed or online, is provided to end-users with the necessary information regarding energy consumption or shall include a reference to the energy efficiency class of the product.

         Article 5
   Responsibilities of suppliers
   Member States shall ensure that:

               (a)

               suppliers placing on the market or putting into service products covered by a delegated act supply a label and a fiche in accordance with this Directive and the delegated act;

               (b)

               suppliers produce technical documentation which is sufficient to enable the accuracy of the information contained in the label and the fiche to be assessed. That technical documentation shall include:

                           (i)

                           a general description of the product;

                           (ii)

                           where relevant, the results of design calculations carried out;

                           (iii)

                           test reports, where available, including those carried out by relevant notified organisations as defined under other Union legislation;

                           (iv)

                           where values are used for similar models, the references allowing identification of those models.

                     To this end suppliers may use documentation already established in accordance with requirements laid down in relevant Union legislation;

               (c)

               suppliers make the technical documentation available for inspection purposes for a period ending five years after the last product concerned was manufactured.
               Suppliers make available an electronic version of the technical documentation on request to the market surveillance authorities of the Member States and to the Commission within 10 working days on receipt of a request by the competent authority of a Member State or the Commission;

               (d)

               in respect of labelling and product information, suppliers provide the necessary labels free of charge to dealers.
               Without prejudice to the suppliers’ choice of system for delivery of labels, suppliers promptly deliver labels on request from dealers;

               (e)

               in addition to the labels, suppliers provide a product fiche;

               (f)

               suppliers include a product fiche in all product brochures. Where product brochures are not provided by the supplier, the supplier provides fiches with other literature provided with the product;

               (g)

               suppliers are responsible for the accuracy of the labels and fiches that they supply;

               (h)

               suppliers are considered to have given consent to the publication of the information provided on the label or in the fiche.

         Article 6
   Responsibilities of dealers
   Member States shall ensure that:

               (a)

               dealers display labels properly, in a visible and legible manner, and make the fiche available in the product brochure or other literature that accompanies products when sold to end-users;

               (b)

               whenever a product covered by a delegated act is displayed, dealers attach an appropriate label, in the clearly visible position specified in the applicable delegated act, and in the relevant language version.

         Article 7
   Distance selling and other forms of selling
   Where products are offered for sale, hire or hire-purchase by mail order, by catalogue, through the Internet, telemarketing or by any other means which imply that the potential end-user cannot be expected to see the product displayed, delegated acts shall make provision to ensure that potential end-users are provided with the information specified on the label for the product and in the fiche before buying the product. Delegated acts shall, where appropriate, specify the way in which the label or the fiche or the information specified on the label or in the fiche shall be displayed or provided to the potential end-user.
   Article 8
   Free movement
   1.   Member States shall not prohibit, restrict or impede the placing on the market or putting into service, within their territories, of products which are covered by and comply with this Directive and the applicable delegated act.
   2.   Unless they have evidence to the contrary, Member States shall consider labels and fiches as complying with the provisions of this Directive and the delegated acts. Member States shall require suppliers to provide evidence within the meaning of Article 5 concerning the accuracy of the information supplied on their labels or fiches when they have reason to suspect that such information is incorrect.
   Article 9
   Public procurement and incentives
   1.   Where a product is covered by a delegated act, contracting authorities which conclude public works, supply or service contracts as referred to in Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (8), which are not excluded by virtue of Articles 12 to 18 thereof, shall endeavour to procure only such products which comply with the criteria of having the highest performance levels and belonging to the highest energy efficiency class. Member States may also require the contracting authorities to procure only products fulfilling those criteria. Member States may make the application of those criteria subject to cost-effectiveness, economical feasibility and technical suitability and sufficient competition.
   2.   Paragraph 1 shall apply to contracts having a value equal to or greater than the thresholds laid down in Article 7 of Directive 2004/18/EC.
   3.   Where Member States provide any incentives for a product covered by a delegated act they shall aim at the highest performance levels including the highest class of energy efficiency laid down in the applicable delegated act. Taxation and fiscal measures do not constitute incentives for the purpose of this Directive.
   4.   Where Member States provide incentives for products, both for end-users using highly efficient products and for industries which promote and produce such products, they shall express the performance levels in terms of classes as defined in the applicable delegated act, except where they impose higher performance levels than the threshold for the highest energy efficiency class in the delegated act. Member States may impose higher performance levels than the threshold for the highest energy efficiency class in the delegated act.
   Article 10
   Delegated acts
   1.   The Commission shall lay down details relating to the label and the fiche by means of delegated acts in accordance with Articles 11 to 13, relating to each type of product in accordance with this Article.
   Where a product meets the criteria listed in paragraph 2, it shall be covered by a delegated act in accordance with paragraph 4.
   Provisions in delegated acts regarding information provided on the label and in the fiche on the consumption of energy and other essential resources during use shall enable end-users to make better informed purchasing decisions and shall enable market surveillance authorities to verify whether products comply with the information provided.
   Where a delegated act lays down provisions with respect to both energy efficiency and consumption of essential resources of a product, the design and content of the label shall emphasise the energy efficiency of the product.
   2.   The criteria referred to in paragraph 1 are the following:

               (a)

               according to most recently available figures and considering the quantities placed on the Union market, the products shall have a significant potential for saving energy and, where relevant, other essential resources;

               (b)

               products with equivalent functionality available on the market shall have a wide disparity in the relevant performance levels;

               (c)

               the Commission shall take into account relevant Union legislation and self-regulation, such as voluntary agreements, which are expected to achieve the policy objectives more quickly or at lesser expense than mandatory requirements.

         3.   In preparing a draft delegated act, the Commission shall:

               (a)

               take into account those environmental parameters set out in Annex I, Part 1, to Directive 2009/125/EC which are identified as significant in the relevant implementing measure adopted under Directive 2009/125/EC and which are relevant for the end-user during use;

               (b)

               assess the impact of the act on the environment, end-users and manufacturers, including small and medium-sized enterprises (SMEs), in terms of competitiveness including on markets outside the Union, innovation, market access and costs and benefits;

               (c)

               carry out appropriate consultation with stakeholders;

               (d)

               set implementing date(s), any staged or transitional measures or periods, taking into account in particular possible impacts on SMEs or on specific product groups manufactured primarily by SMEs.

         4.   The delegated acts shall specify in particular:

               (a)

               the exact definition of the type of products to be included;

               (b)

               the measurement standards and methods to be used in obtaining the information referred to in Article 1(1);

               (c)

               the details of the technical documentation required pursuant to Article 5;

               (d)

               the design and content of the label referred to in Article 4, which as far as possible shall have uniform design characteristics across product groups and shall in all cases be clearly visible and legible. The format of the label shall retain as a basis the classification using letters from A to G; the steps of the classification shall correspond to significant energy and cost savings from the end-user perspective.
               Three additional classes may be added to the classification if required by technological progress. Those additional classes will be A+, A++, and A+++ for the most efficient class. In principle the total number of classes will be limited to seven, unless more classes are still populated.
               The colour scale shall consist of no more than seven different colours from dark green to red. The colour code of only the highest class shall always be dark green. If there are more than seven classes, only the red colour can be duplicated.
               The classification shall be reviewed in particular when a significant proportion of products on the internal market achieves the two highest energy efficiency classes and when additional savings may be achieved by further differentiating products.
               Detailed criteria for a possible reclassification of products are, where appropriate, to be determined on a case-by-case basis in the relevant delegated act;

               (e)

               the location where the label shall be fixed to the product displayed and the manner in which the label and/or information are to be provided in the case of offers for sale as covered by Article 7. Where appropriate, the delegated acts may provide for the label to be attached to the product or printed on the packaging, or for the details of the labelling requirements for printing in catalogues, for distance selling and Internet sales;

               (f)

               the content and, where appropriate, the format and other details concerning the fiche or further information specified in Article 4 and Article 5(c). The information on the label shall also be included on the fiche;

               (g)

               the specific content of the label for advertising, including, as appropriate, the energy class and other relevant performance level(s) of the given product in a legible and visible form;

               (h)

               the duration of label classification(s), where appropriate, in accordance with point (d);

               (i)

               the level of accuracy in the declarations on the label and fiches;

               (j)

               the date for the evaluation and possible revision of the delegated act, taking into account the speed of technological progress.

         Article 11
   Exercise of the delegation
   1.   The powers to adopt the delegated acts referred to in Article 10 shall be conferred on the Commission for a period of five years beginning on 19 June 2010. The Commission shall make a report in respect of the delegated powers not later than six months before the end of the five-year period. The delegation of powers shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 12.
   2.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
   3.   The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 12 and 13.
   Article 12
   Revocation of the delegation
   1.   The delegation of powers referred to in Article 10 may be revoked by the European Parliament or by the Council.
   2.   The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.
   3.   The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
   Article 13
   Objections to delegated acts
   1.   The European Parliament or the Council may object to the delegated act within a period of two months from the date of notification.
   At the initiative of the European Parliament or the Council that period shall be extended by two months.
   2.   If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and enter into force on the date stated therein.
   The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period, if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
   3.   If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
   Article 14
   Evaluation
   Not later than 31 December 2014, the Commission shall review the effectiveness of this Directive and of its delegated acts and submit a report to the European Parliament and the Council.
   On that occasion, the Commission shall also assess:

               (a)

               the contribution of Article 4(c) to the aim of this Directive;

               (b)

               the effectiveness of Article 9(1);

               (c)

               in the light of technical evolution and the understanding by consumers of the label layout, the need for amending Article 10(4)(d).

         Article 15
   Penalties
   Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and its delegated acts, including unauthorised use of the label, and shall take the necessary measures to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The Member States shall notify these provisions to the Commission by 20 June 2011 and shall notify the Commission without delay of any subsequent amendment affecting those provisions.
   Article 16
   Transposition
   1.   Member States shall bring into force, by 20 June 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   They shall apply those provisions from 20 July 2011.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement to the effect that references in existing laws, regulations and administrative provisions to Directive 92/75/EEC shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 17
   Repeal
   Directive 92/75/EEC, as amended by the Regulation indicated in Annex I, Part A, is repealed with effect from 21 July 2011, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of that Directive set out in Annex I, Part B.
   References to Directive 92/75/EEC shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
   Article 18
   Entry into force
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Points (d), (g) and (h) of Article 5 shall apply from 31 July 2011.
   Article 19
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 19 May 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         D. LÓPEZ GARRIDO

      (1)  OJ C 228, 22.9.2009, p. 90.

      (2)  Position of the European Parliament of 5 May 2009 (not yet published in the Official Journal), position of the Council at first reading of 14 April 2010 (not yet published in the Official Journal), position of the European Parliament of 18 May 2010 (not yet published in the Official Journal).

      (3)  OJ L 297, 13.10.1992, p. 16.

      (4)  See Annex I Part A.

      (5)  OJ L 285, 31.10.2009, p. 10.

      (6)  OJ L 218, 13.8.2008, p. 30.

      (7)  OJ C 321, 31.12.2003, p. 1.

      (8)  OJ L 134, 30.4.2004, p. 114.

      ANNEX I
      PART A

         Repealed Directive with its successive amendment

         (referred to in Article 17)

                  Council Directive 92/75/EEC
                  (OJ L 297, 13.10.1992, p. 16).

                  Regulation (EC) No 1882/2003
                  (OJ L 284, 31.10.2003, p. 1).

                  Only point (32) of Annex III

            PART B

         List of time-limits for transposition into national law

         (referred to in Article 16)

                  Directive

                  Deadline for transposition

                  92/75/EEC

                  1 January 1994

      ANNEX II

         Correlation Table

                  Directive 92/75/EEC

                  This Directive

                  Article 1(1), introductory wording, first sentence

                  Article 1(1)

                  Article 1(1), introductory wording, second sentence

                  Article 1(2)

                  Article 1(1), first to seventh indent

                  —

                  Article 1(2)

                  —

                  —

                  Article 1(3) points (a) and (b)

                  Article 1(3)

                  Article 1(3) point (c)

                  —

                  Article 2 points (a) and (b)

                  Article 1(4), first and second indents

                  Article 2 points (g) and (h)

                  Article 1(4), third indent

                  —

                  Article 1(4), fourth indent

                  Article 2 point (c)

                  Article 1(4), fifth indent

                  Article 2 point (d)

                  —

                  Article 2 points (e), (f), (i), (j) and (k)

                  Article 1(5)

                  —

                  Article 2(1)

                  Article 4 point (a)

                  —

                  Article 4 points (b), (c) and (d)

                  Article 2(2)

                  —

                  Article 2(3)

                  Article 5 point (b)

                  Article 2(4)

                  Article 5 points (b) and (c)

                  Article 3(1)

                  Article 5 point (a)

                  Article 3(2)

                  Article 5 points (e) and (f)

                  Article 3(3)

                  Article 5 point (g)

                  Article 3(4)

                  Article 5 point (h)

                  —

                  Article 6 point (a)

                  Article (4) point (a)

                  Article 6 point (b)

                  Article (4) point (b)

                  Article 5 point (d)

                  Article 5

                  Article 7

                  Article 6

                  —

                  Article 7 point (a)

                  Article 3(1) point (a)

                  Article 7 point (b)

                  Article 3(1) point (b)

                  Article 7 point (c)

                  Article 3(1) point (c)

                  —

                  Article 3(1) point (d)

                  —

                  Article 3(2), (3) and (4)

                  Article 8(1)

                  Article 8(1)

                  Article 8(2)

                  Article 8(2)

                  Article 9

                  —

                  —

                  Article 9

                  Article 10

                  —

                  —

                  Article 10(1), (2) and (3)

                  Article 11

                  —

                  Article 12 point (a)

                  Article 10(4) point (a)

                  Article 12 point (b)

                  Article 10(4) point (b)

                  Article 12 point (c)

                  Article 10(4) point (c)

                  Article 12 point (d)

                  Article 10(4) point (d)

                  Article 12 point (e)

                  Article 10(4) point (e)

                  Article 12 point (f)

                  Article 10(4) point (f)

                  Article 12 point (g)

                  —

                  —

                  Article 10(4) points (g), (h), (i) and (j)

                  —

                  Articles 11 to 15

                  Article 13

                  Article 17

                  Article 14

                  Article 16

                  —

                  Article 18

                  Article 15

                  Article 19

                  —

                  Annex I

                  —

                  Annex II


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31983L0646

Council Directive 83/646/EEC of 13 December 1983 amending Directives 64/432/EEC and 72/461/EEC as regards certain measures relating to foot-and-mouth disease and swine vesicular disease

Official Journal L 360 , 23/12/1983 P. 0044 - 0044 Finnish special edition: Chapter 3 Volume 17 P. 0026  Swedish special edition: Chapter 3 Volume 17 P. 0026

*****COUNCIL  DIRECTIVE  of 13 December 1983  amending Directives 64/432/EEC and 72/461/EEC as regards certain measures relating to foot-and-mouth disease and swine vesicular disease  (83/646/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas Directive 64/432/EEC (2), as last amended by Directive 82/893/EEC (3), lays down the conditions to be met, as regards health, by live cattle and pigs intended for intra-Community trade;  Whereas Directive 72/461/EEC (4), as last amended by Directive 82/893/EEC, lays down the conditions to be met, as regards health, by animals whose meat is intended for intra-Community trade;  Whereas, pending the introduction of definitive Community arrangements for the control of foot-and-mouth disease and without prejudice to the final solution to be adopted, it is appropriate that the Community measures provided for in Articles 4a and 4b of Directive 64/432/EEC and in Article 13 of Directive 72/461/EEC be retained for an additional period as an interim protective measure in order to maintain traditional trade flows,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 64/432/EEC is hereby amended as follows:  1. In the first paragraph of Article 4a, '31 December 1983' is replaced by '30 June 1984'.  2. In the first and second paragraphs of Article 4b, '31 December 1983' is replaced by '30 June 1984'.  Article 2  In Article 13 of Directive 72/461/EEC, '31 December 1983' is hereby replaced by '30 June 1984'.  Article 3  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1984.  Article 4  This Directive is addressed to the Member States.  Done at Brussels, 13 December 1983.  For the Council  The President  C. SIMITIS  (1) OJ No C 13, 17. 1. 1983, p. 211.  (2) OJ No 121, 29. 7. 1964, p. 1977/64.  (3) OJ No L 378, 31. 12. 1982, p. 57.  (4) OJ No L 302, 31. 12. 1972, p. 24.


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31985L0346

Council Directive 85/346/EEC of 8 July 1985 amending Directive 83/181/EEC determining the scope of Article 14 (1) (d) of Directive 77/388/EEC as regards exemption from value added tax on the final importation of certain goods

Official Journal L 183 , 16/07/1985 P. 0021 - 0021 Finnish special edition: Chapter 9 Volume 1 P. 0123  Spanish special edition: Chapter 09 Volume 2 P. 0003  Swedish special edition: Chapter 9 Volume 1 P. 0123  Portuguese special edition Chapter 09 Volume 2 P. 0003

*****COUNCIL  DIRECTIVE  of 8 July 1985  amending Directive 83/181/EEC determining the scope of Article 14 (1) (d) of Directive 77/388/EEC as regards exemption from value added tax on the final importation of certain goods  (85/346/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 99 and 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 Directive 83/181/EEC (4) laid down the minimum quantity of fuel contained in the fuel tanks of commercial motor vehicles which must be exempted from value added tax on admission;  Whereas, in order to facilitate passage at the internal frontiers of the Community, the said quantity should be increased, in an initial stage, for vehicles designed for, and capable of, the transport of persons and travelling between Member States; whereas, in a second stage, the Council is to decide, on a proposal from the Commission, on the increase of the said quantity applicable to vehicles travelling between Member States and designed for, and capable of, the transport of goods,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 83/181/EEC is hereby amended as follows:  1. Article 83 is replaced by the following:  'Article 83  Member States may limit the application of the exemption for fuel contained in the standard fuel tanks of commercial motor vehicles:  (a) when the vehicle comes from a third country, to 200 litres per vehicle and per journey;  (b) when the vehicle comes from another Member State:  - to 200 litres per vehicle and per journey in the case of vehicles designed for, and capable of, the transport, with or without remuneration, of goods,  - to 600 litres per vehicle and per journey in the case of vehicles designed for, and capable of, the transport, with or without remuneration, of more than nine persons, including the driver.  Acting in accordance with the procedures provided for by the Treaty on this point, the Council shall decide, on a proposal from the Commission, before 1 July 1986, on the increase of the quantity of fuel admitted duty-free and contained in the standard fuel tanks of the vehicles referred to in the first indent of (b) of the first subparagraph.'  2. Article 84 (a) is replaced by the following:  '(a) commercial motor vehicles engaged in international transport coming from third countries to their frontier zone, to a maximum depth of 25 kilometres as the crow flies, where such transport consists of journeys made by persons residing in that zone;'.  Article 2  Member States shall take the necessary measures to conform with this Directive by 1 October 1985 at the latest. They shall forthwith inform the Commission thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 8 July 1985.  For the Council  The President  J. SANTER  (1) OJ No C 95, 6. 4. 1984, p. 3.  (2) OJ No C 172, 2. 7. 1984, p. 15.  (3) OJ No C 248, 17. 9. 1984, p. 13.  (4) OJ No L 105, 23. 4. 1983, p. 38.


Avis juridique important

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31998L0002

Commission Directive 98/2/EC of 8 January 1998 amending Annex IV to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

Official Journal L 015 , 21/01/1998 P. 0034 - 0036

COMMISSION DIRECTIVE 98/2/EC of 8 January 1998 amending Annex IV to Council Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), as last amended by Commission Directive 97/14/EC (2), and in particular Article 13, second subparagraph, fourth indent thereof,Whereas some provisions for protective measures aimed at protection against the introduction, on citrus fruit, of Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus), which are not present in the Community or in certain Citrus growing zones thereof, should be modified, to have a better protection for the Community against these harmful organisms which are already listed in Council Directive 77/93/EEC;Whereas therefore the relevant Annex to Directive 77/93/EEC should be amended accordingly;Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 77/93/EEC is hereby amended as indicated in the Annex to this Directive.Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from 1 May 1998. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this directive or shall be accompanied by such reference on the occasion of their official publication. The procedure for such a reference shall be adopted by the Member States.2. The Member States shall immediately communicate to the Commission the essential provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 3 This Directive shall enter into force on the day following its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 8 January 1998.For the CommissionFranz FISCHLERMember of the Commission(1) OJ L 26, 31. 1. 1977, p. 20.(2) OJ L 87, 2. 4. 1997, p. 17.ANNEX In Annex IV, part A, section I, the points 16.1, 16.2 and 16.3 are replaced by the following:>TABLE>


title: Directive 2006/94/EC of the European Parliament and of the Council of 12 December 2006 on the establishment of common rules for certain types of carriage of goods by road (codified version)   (Text with EEA relevance)

text:
               27.12.2006

               EN

               Official Journal of the European Union

               L 374/5

      DIRECTIVE 2006/94/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 12 December 2006
   on the establishment of common rules for certain types of carriage of goods by road
   (codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,
   Having regard to the proposal from the Commission,
   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 procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               The First Council Directive of 23 July 1962 on the establishment of certain common rules for international transport (carriage of goods by road for hire or reward) (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               A common transport policy involves inter alia laying down common rules for the international carriage of goods by road to or from the territory of a Member State or passing across the territory of one or more Member States. Those rules must be laid down in such a way as to contribute to the smooth operation of the internal transport market.

               (3)

               It is necessary to ensure a progressive expansion of the international carriage of goods by road, bearing in mind developments in trade and movement of goods within the Community.

               (4)

               A certain number of types of carriage were exempt from any quota and carriage authorisation system. Within the framework of the organisation of the market introduced by Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (5), a system of exemption from Community authorisation and from any other carriage authorisation should be maintained for some of those types of transport, because of their special nature.

               (5)

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

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   1.   Under the conditions laid down in paragraph 2, Member States shall liberalise the types of international carriage of goods by road for hire or reward and on own account listed in Annex I where such carriage is performed to or from or in transit through their territory.
   2.   The types of carriage and unladen journeys made in conjunction with the carriage listed in Annex I shall be exempted from Community authorisation and from any carriage authorisation.
   Article 2
   This Directive shall not affect the conditions under which any Member State authorises its own nationals to engage in the activities mentioned in this Directive.
   Article 3
   The First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.
   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 4
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 5
   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)  OJ C 241, 28.9.2004, p. 19.

      (2)  Opinion of the European Parliament of 21 April 2004 (OJ C 104 E, 30.4.2004, p. 545) and Council Decision of 14 November 2006.

      (3)  OJ L 70, 6.8.1962, p. 2005/62. Directive as last amended by Regulation (EEC) No 881/92 (OJ L 95, 9.4.1992, p. 1).

      (4)  See Annex II, Part A.

      (5)  OJ L 95, 9.4.1992, p. 1. Regulation as last amended by the 2003 Act of Accession.

      ANNEX I
      Types of carriage to be exempted from any Community authorisation and from any carriage authorisation

                  1.

                  Carriage of mail as a public service.

                  2.

                  Carriage of vehicles which have suffered damage or breakdown.

                  3.

                  Carriage of goods in motor vehicles the permissible laden weight of which, including that of trailers, does not exceed six tonnes or the permissible payload of which, including that of trailers, does not exceed 3,5 tonnes.

                  4.

                  Carriage of goods in motor vehicles provided the following conditions are fulfilled:

                              (a)

                              the goods carried must be the property of the undertaking or must have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;

                              (b)

                              the purpose of the journey must be to carry the goods to or from the undertaking or to move them, either inside the undertaking or outside for its own requirements;

                              (c)

                              motor vehicles used for such carriage must be driven by employees of the undertaking;

                              (d)

                              the vehicles carrying the goods must be owned by the undertaking or have been bought by it on deferred terms or hired provided that in the latter case they meet the conditions of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road (1).
                              This provision shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used;

                              (e)

                              carriage must be no more than ancillary to the overall activities of the undertaking.

                  5.

                  Carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters.

         (1)  OJ L 33, 4.2.2006, p. 82.

      ANNEX II
      PART A
      Repealed Directive with its successive amendments

                  First Council Directive of 23 July 1962 on the establishment of certain common rules for international transport (carrying of goods by road for hire or reward)
                  (OJ 70, 6.8.1962, p. 2005/62)

                  Council Directive 72/426/EEC
                  (OJ L 291, 28.12.1972, p. 155)

                  Council Directive 74/149/EEC
                  (OJ L 84, 28.3.1974, p. 8)

                  Council Directive 77/158/EEC
                  (OJ L 48, 19.2.1977, p. 30)

                  Council Directive 78/175/EEC
                  (OJ L 54, 25.2.1978, p. 18)

                  Council Directive 80/49/EEC
                  (OJ L 18, 24.1.1980, p. 23)

                  Council Directive 82/50/EEC
                  (OJ L 27, 4.2.1982, p. 22)

                  Council Directive 83/572/EEC
                  (OJ L 332, 28.11.1983, p. 33)

                  only Article 2

                  Council Directive 84/647/EEC
                  (OJ L 335, 22.12.1984, p. 72)

                  only Article 6

                  Council Regulation (EEC) No 881/92
                  (OJ L 95, 9.4.1992, p. 1)

                  only Article 13

            PART B
      List of time-limits for transposition into national law and application (referred to in Article 3)

                  Directive

                  Time-limit for transposition

                  Date of application

                  First Council Directive of 23 July 1962 on the establishment of certain common rules for international transport (carrying of goods by road for hire or reward)

                  31 December 1962

                  72/426/EEC

                  __

                  74/149/EEC

                  __

                  1 July 1974

                  77/158/EEC

                  1 July 1977

                  78/175/EEC

                  1 July 1978

                  80/49/EEC

                  __

                  1 July 1980

                  82/50/EEC

                  1 January 1983

                  83/572/EEC

                  1 January 1984

                  84/647/EEC

                  30 June 1986

      ANNEX III
      CORRELATION TABLE

                  First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road

                  This Directive

                  Article 1

                  Article 1

                  Article 2

                  __

                  Article 3

                  Article 2

                  __

                  Article 3

                  __

                  Article 4

                  Article 4

                  Article 5

                  Annex

                  Annex I

                  __

                  Annex II

                  __

                  Annex III


Avis juridique important

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31988L0297

Council Directive 88/297/EEC of 3 May 1988 amending Directive 74/150/EEC on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors

Official Journal L 126 , 20/05/1988 P. 0052 - 0052 Finnish special edition: Chapter 13 Volume 17 P. 0062  Swedish special edition: Chapter 13 Volume 17 P. 0062

*****COUNCIL  DIRECTIVE  of 3 May 1988  amending Directive 74/150/EEC on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors  (88/297/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 in Annex II to Directive 74/150/EEC (4), as last amended by Directive 82/890/EEC (5), contains a list of parts or characteristics with the indication 'SD', which signifies that Community Directives have been or must be adopted; whereas it has become superfluous to adopt Community rules for some of those parts or characteristics because they are now used less and less frequently in tractor manufacturing or have been replaced by other devices which have since become obligatory;  Whereas, among the Community rules governing the granting of EEC type-approval in respect of tractors, those concerning the parts or characteristics in question can be replaced by the specification that they conform to the particulars and information provided by the manufacturer,  HAS ADOPTED THIS DIRECTIVE:  Article 1  In Annex II to Directive 74/150/EEC the abbreviation 'SD' shown against items 7.3.4, 7.5 and 7.6.3 are replaced by the abbreviation 'CONF'.  Article 2  1. Member States shall bring into force the provisions necessary in order to comply with this Directive not later than 31 December 1988. They shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 3 May 1988.  For the Council  The President  M. BANGEMANN  (1) OJ No C 88, 3. 4. 1987, p. 10.  (2) OJ No C 156, 15. 6. 1987, p. 190, and OJ No C 94, 11. 4. 1988, p. 66.  (3) OJ No C 180, 8. 7. 1987, p. 15.  (4) OJ No L 84, 28. 3. 1974, p. 10.  (5) OJ No L 378, 31. 12. 1982, p. 45.