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31981L0602

Council Directive 81/602/EEC of 31 July 1981 concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action

Official Journal L 222 , 07/08/1981 P. 0032 - 0033 Finnish special edition: Chapter 3 Volume 13 P. 0214  Spanish special edition: Chapter 03 Volume 23 P. 0038  Swedish special edition: Chapter 3 Volume 13 P. 0214  Portuguese special edition Chapter 03 Volume 23 P. 0038

COUNCIL DIRECTIVE of 31 July 1981 concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action (81/602/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 (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, due to the residues that they leave in meat, certain substances with a thyrostatic, oestrogenic, androgenic or gestagenic action may be dangerous for consumers ; whereas these substances may also affect the quality of the meat;  Whereas, in the interest of the consumer, the administering to any animal of stilbenes and thyrostatic substances and the marketing of these substances must be prohibited and the use of the other substances must be regulated;  Whereas, in particular, if the use of certain substances may be authorized for therapeutic purposes, this must be controlled;  Whereas, moreover, the harmless or harmful effects of the use of Oestradiol 17/ß, Progesterone, Testosterone, Trenbolone and Zeranol still have to be examined in detail ; whereas, pending the adoption of a decision relating to these substances, the current measures governing them should be maintained as a precautionary measure with due regard for the general provisions of the Treaty;  Whereas provision should be made for the effective control of the application of the provisions deriving from this Directive,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. For the purposes of this Directive, the definitions of meat and meat products contained in Directives 64/433/EEC (4), 71/118/EEC (5) and 77/99/EEC (6) shall apply.  2. In addition, the following definitions shall apply:  - farm animals : domestic animals of the bovinespecies, swine, sheep, goats, solipeds and poultry,and wild animals of these species and wild ruminantswhich have been raised on a holding,   - therapeutic treatment : the administering to a farmanimal of any of the substances referred to inArticle 4 (1) to treat a pathological state diagnosed,on examination, by a veterinarian.  (1) OJ No C 305, 22.11.1980, p. 2. (2) OJ No C 50, 9.3.1981, p. 87. (3) OJ No C 138, 9.6.1981, p. 29. (4) OJ No 121, 29.7.1964, p. 2012/64. (5) OJ No L 55, 8.3.1971, p. 23. (6) OJ No L 26, 31.1.1977, p. 85.       Article 2 Subject to Articles 4 and 5, Member States shall ensure that the following are prohibited:  (a) the administering to a farm animal, by any meanswhatsoever, of substances having a thyrostaticaction or substances having an oestrogenic, androgenicor gestagenic action;   (b) the placing on the market or slaughtering of farmanimals to which the abovementioned substanceshave been administered;   (c) the placing on the market of meat of the farmanimals referred to in (b);   (d) processing of the meat referred to in (c) and theplacing on the market of meat products preparedfrom or with such meat.      Article 3 From the date laid down in Article 9 (a), Member States shall prohibit the placing on the market of stilbenes, stilbene derivatives, their salts and esters and thyrostatic substances for administering to animals of all species.   Article 4 1. Notwithstanding Article 2, Member States may authorize the administering to farm animals of substances with oestrogenic, androgenic or gestagenic action approved in accordance with the Directives on veterinary medicinal products other than the substances referred to in Article 3, for therapeutic use, synchronization of oestrus, termination of unwanted gestation, the improvement of fertility and the preparation of donors and recipients for the implantation of embryos.  2. The administering of the substances referred to in paragraph 1 shall be effected by a veterinarian. However, Member States may allow the synchronization of oestrus and the preparation of donors and recipients for the implantation of embryos to be effected not by the veterinarian but under his direct responsibility.   Article 5 The Council, acting unanimously on a proposal from the Commission shall take a decision as soon as possible on the administering to farm animals of oestradiol 17/ß, Progesterone, Testosterone, Trenbolone and Zeranol for fattening purposes.  Pending adoption of this decision, the national regulations in force and the arrangements made by Member States concerning these substances shall continue to apply while complying with the general provisions of the Treaty and without prejudice to measures adopted in accordance with a Community procedure designed for their approximation.  Member States may not authorize the use of new substances during this transitional period.   Article 6 Member States shall ensure that, pending adoption of relevant Community rules, their national provisions applying to products imported from third countries are not more favourable than those applying to intra-Community trade pursuant to this Directive.   Article 7 Member States shall ensure that farm animals, the meat of such animals and the meat products obtained therefrom are subjected to controls.  The detailed rules for carrying out such controls and the financing thereof shall be laid down by the Council acting unanimously on a proposal from the Commission.   Article 8 Not later than 1 July 1984, the Commission shall submit to the Council a report on the experience acquired and scientific developments, accompanied, if necessary, by proposals which take these developments into account.   Article 9 Member States shall bring into force the measures necessary to comply with:  (a) the provisions of Article 3 no later than twomonths after the date of notification of this Directive;   (b) the other Articles of this Directive not later than12 months after the date of notification of thisDirective.     They shall forthwith inform the Commission thereof.   Article 10 This Directive is addressed to the Member States.     Done at Brussels, 31 July 1981.  For the Council  The President  P. WALKER


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31979L0830

Council Directive 79/830/EEC of 11 September 1979 on the approximation of the laws of the Member States relating to hot-water meters

Official Journal L 259 , 15/10/1979 P. 0001 - 0009 Finnish special edition: Chapter 13 Volume 10 P. 0109  Greek special edition: Chapter 13 Volume 9 P. 0003  Swedish special edition: Chapter 13 Volume 10 P. 0109  Spanish special edition: Chapter 13 Volume 10 P. 0219  Portuguese special edition Chapter 13 Volume 10 P. 0219

COUNCIL DIRECTIVE  of 11 September 1979  on the approximation of the laws of the Member States relating to hot-water meters  (79/830/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas in the Member States the construction and the methods of control of hot-water meters are subject to mandatory provisions which differ from one Member State to another and consequently hinder trade in such instruments ; whereas it is therefore necessary to approximate these provisions;  Whereas Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (3), as amended by the Act of Accession (4), laid down the EEC pattern approval and EEC initial verification procedures ; whereas, in accordance with that Directive, the technical requirements for the design and functioning of hot-water meters should be laid down ; whereas such requirements must be met, and the controls must be carried out, and the appropriate signs and marks affixed, before these instruments can be freely imported, marketed and used,  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply to hot-water meters intended for the continuous determination of the volume of hot water passing through them. Such meters shall be provided with a measuring device linked to an indicating device. For the purpose of this Directive, "hot water" shall be water the temperature of which exceeds 30 ºC but does not exceed 90 ºC.  Hot-water meters for incorporation in circulatory systems for the transfer of thermal energy are excluded from the scope of this Directive.   Article 2 Hot-water meters to which the EEC marks and signs may be affixed are described in the Annex to this Directive. They shall be subject to EEC pattern approval and shall be submitted for EEC initial verification.  (1)OJ No C 131, 5.6.1978, p. 85. (2)OJ No C 269, 13.11.1978, p. 44. (3)OJ No L 202, 6.9.1971, p. 1. (4)OJ No L 73, 27.3.1972, p. 14.    Article 3 No Member State may refuse, prohibit or restrict the placing on the market or entry into service of hot-water meters bearing the EEC pattern approval sign and the EEC initial verification mark, on the grounds of their metrological properties.   Article 4 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1982 and shall forthwith inform the Commission thereof.  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 5 This Directive is addressed to the Member States.     Done at Brussels, 11 September 1979.  For the Council  The President  Ray Mac SHARRY     ANNEX 1. TERMINOLOGY AND DEFINITIONS    1.0. This Annex applies only to hot-water meters, hereinafter referred to as "the meter", which operate throughout on mechanical principles. Such meters either use volumetric chambers with moving boundaries or use the action of the velocity of the water on a bladed rotor (radial or axial turbine). This Annex does not apply to hot-water meters fitted with electronic devices.       1.1. Flowrate  The flowrate is the volume of water passing through the meter per unit of time.       1.2. Volume delivered  The volume delivered is the total volume of water which has passed through the meter in a given time.       1.3. Maximum flowrate (Qmax)  The maximum flowrate, Qmax, is the highest flowrate at which the meter must be able to function over limited periods without damage, and without exceeding the maximum permissible errors and the maximum permissible value for loss of pressure.       1.4. Nominal flowrate (Qn)  The nominal flowrate Qn, is equal to half the maximum flowrate, Qmax. It is expressed in cubic metres per hour and is used to designate the meter.  At the nominal flowrate, Qn, the meter must be able to function in normal use, i.e., in continuous and intermittent operating conditions, without the maximum permissible errors being exceeded.       1.5. Minimum flowrate (Qmin)  The minimum flowrate, Qmin, is the flowrate above which the maximum permissible errors must not be exceeded, and is fixed as a function of Qn.       1.6. Flowrate range  The flowrate range of the meter is bounded by the maximum and minimum flowrates, Qmax and Qmin. It is divided into two regions, termed upper and lower, with different maximum permissible errors.       1.7. Transitional flowrate (Qt)  The transitional flowrate, Qt, is the flowrate which divides the upper and lower regions of the flowrate range and the flowrate at which the maximum permissible errors become discontinuous.       1.8. Maximum permissible error  The maximum permissible error is the limit of the error permitted by this Directive for EEC pattern approval and EEC initial verification of the meter.       1.9. Loss of pressure  Loss of pressure means the loss which is caused by the presence of the meter in the pipeline.         II. METROLOGICAL CHARACTERISTICS    2.1. Maximum permissible errors  The maximum error permitted in the lower region, from Qmin inclusive to Qt non-inclusive, is ± 5 %.   The maximum error permitted in the upper region from Qt inclusive to Qmax inclusive, is ± 3 %.       2.2. Metrological classes  Meters are divided, according to the values of Qmin and Qt defined above, into the four metrological classes in the following table: >PIC FILE= "T0015270">          III. TECHNOLOGICAL CHARACTERISTICS    3.1. Construction - general provisions  The meter must be constructed in such a way as to:      - give long service and guarantee proof against fraud,           - conform with the provisions of this Directive,             under normal conditions of use.  Where meters may be subjected to an accidental reversal of flow they must be capable of withstanding it without any deterioration or adverse effect on their metrological properties, and at the same time record such a reversal.       3.2. Materials  The meter must be made of materials of adequate strength and stability for the purpose for which it is to be used. It must be constructed throughout of materials which are resistant to internal and normal external corrosion and if necessary be protected by applying a suitable surface treatment. Water temperature variations within the temperature range 0 to 110 ºC must not adversely affect the materials used in the construction of the meter.       3.3. Soundness - pressure tightness and temperature resistance  The meter must be able to withstand indefinitely, without malfunction, leakage, seepage through walls or permanent deformation, a continuously applied water temperature of 90 ºC and the continuously applied pressure for which it is designed, termed the maximum operating pressure. The minimum value for this pressure is 10 bar.       3.4. Loss of pressure  The value of the loss of pressure is ascertained during EEC pattern approval tests ; it must not exceed 0 725 bar at the nominal flowrate or 1 bar at the maximum flowrate.   On the basis of the test results, meters are classified into four groups according to whether their pressure loss at maximum flowrate does not exceed one of the following values : 1, 0 76, 0 73 and 0 71 bar. The group value must be entered on the EEC pattern approval certificate.       3.5. Indicating device  The indicating device must allow, by simple juxtaposition of its various constituent elements, a reliable, easy and unambiguous reading of the volume of water measured, expressed in cubic metres. The volume must be given either by:      (a) the position of one or more pointers on circular scales;           (b) the display of a row of in-line consecutive digits in one or more apertures;           (c) a combination of these two systems.    The cubic metre and its multiples are indicated in black, and submultiples of a cubic metre in red.  The actual or apparent height of the digits must not be less than 4 mm.  On digital indicators (types (b) and (c)) visible displacement of all digits must be vertically upwards. The advance of a digit of any particular decade must be completed during the time that the next less significant decade changes from 9 to 0. The roller showing the least significant digits may move continuously in the case of type (c). The whole number of cubic metres must be clearly indicated.  Indicators with pointers (types (a) and (c)) must rotate in a clockwise direction. The value in cubic metres for each scale division must be expressed as 10n where n is a positive or negative whole number or zero, thereby establishing a system of consecutive decades. Data such as the following must be shown near each part of the scale : × 1 000 - × 100 - × 10 - × 1 - × 0 71 - × 0 701 - × 0 7001.  In both cases (dial and digital indicators):        - the unit symbol m3 must be shown either on the dial or in the immediate vicinity of the digital indication,               - the fastest-moving and visually readable graduated element - "the control element" - must move continuously ; its scale interval is known as the verification scale interval. This control element may be permanent or may be fitted temporarily by adding detachable parts. These parts must not have any significant influence on the metrological properties of the meter.                 The length of the verification scale interval must be not less than 1 mm and not more than 5 mm. The scale must consist:        - either of lines of equal thickness not exceeding one quarter of the distance between the axes of two consecutive lines and differing only in length,               - or of contrasting bands of a constant width equal to the length of the verification scale interval.                  3.6. Number of figures and values of the verification scale interval  It must be possible for the indicating device to record a volume, expressed in cubic metres, corresponding to at least 1 999 hours' operation at the nominal flowrate, without returning to zero.  The size of the verification scale division must be based on the formula 1 × 10n or 2 × 10n or 5 × 10n. During verification, it must be small enough to ensure a measurement inaccuracy of not more than 0 75 % (allowing for a possible reading error of not more than half the length of the smallest scale interval) and small enough so that at the minimum flowrate the test does not take more than 1 1/2 hours.  A supplementary device (star, disc with a reference mark, etc.) may be added in order to show the movement of the measuring device before this becomes clearly visible on the indicating device.        3.7. Adjustment device  The meter may be fitted with an adjustment device with which it is possible to alter the relationship between the volume indicated and the volume actually passed. This device is compulsory for meters which make use of the action of the velocity of the water on a bladed rotor.       3.8. Accelerating device  The use of an accelerating device for increasing the speed of the meter below Qmin is prohibited.       3.9. Additional devices  The meter may include a pulse-generating device provided that such a device does not appreciably affect its metrological properties.  The EEC pattern approval certificate may provide for the addition of special fixed or detachable devices to permit automatic verification of the meter.         IV. MARKS AND INSCRIPTIONS    4.1. Identification inscriptions  The meter must bear, in a legible and indelible manner, either separately or grouped together on the meter casing, on the indicator dial or on the information plate, the following items of information:      (a) the manufacturer's name or trade name or his trademark;           (b) the metrological class and nominal flowrate Qn in cubic metres per hour;           (c) the year of manufacture and the individual serial number;           (d) one or two arrows showing the direction of flow;           (e) the EEC pattern approval sign;           (f) the maximum operating pressure in bar, if this can exceed 10 bar;           (g) the maximum operating temperature in the form : 90 ºC;           (h) the letter "V" or "H" if the meter can operate properly only in the vertical (V) or horizontal (H) position.                  4.2. Placing of verification marks  Space for the EEC verification marks must be provided on an essential part (normally the meter casing), which is visible without dismantling.       4.3. Sealing  The meter must be fitted with protective devices which can be sealed in such a way as to ensure, both before and after the meter has been properly installed, that neither the meter itself nor its adjusting device can be dismantled or altered without damaging the protective devices.         V. EEC PATTERN APPROVAL    5.1. Procedure  The EEC pattern approval procedure is as described in Directive 71/316/EEC.       5.2. Pattern tests  When it has been ascertained from the application file that the pattern conforms to the requirements of this Directive, the competent service must carry out laboratory tests under the following conditions:       5.2.1. Number of meters to be tested  The number of meters to be submitted by the manufacturer is as shown in the following table: >PIC FILE= "T0015271">   Depending on how the tests progress the competent services may:        - decide not to carry out tests on all the meters submitted, or               - request additional meters from the manufacturers in order to continue tests.                          5.2.2. Pressure  For the metrological tests provided for in 5.2.4 the pressure at the meter outlet must be sufficiently high to prevent cavitation.           5.2.3. Test equipment  In general, meters must be tested individually and, in all cases, in such a way as to demonstrate accurately the individual characteristics of each.  The metrological service of the Member State must take all necessary steps to ensure that the relative inaccuracy in measuring the volume of water delivered does not exceed 0 73 % after allowance is made for the various causes of error in installation.  The maximum permissible inaccuracy is 5 % in the case of measurement of pressure and 2 75 % in the case of measurement of loss of pressure.  During each test, the relative variation in the flowrates must not exceed 2 75 % between Qmin and Qt and 5 % between Qt and Qmax.  The maximum permissible inaccuracy in the measurement of temperature is 1 ºC.  The equipment must be approved by the metrological service of the Member State concerned regardless of where these tests are carried out.           5.2.4. Tests        5.2.4.1. Test procedure  The tests comprise the following operations, carried out in the order shown:          1. pressure tightness test;                   2. Determination of the error curves on the basis of the flowrate by ascertaining the effect of the pressure and temperature and subject to the normal installation conditions (straight sections of piping upstream and downstream of the meter, constrictions, obstacles, etc.) stipulated by the manufacturer for this type of meter;                   3. determination of pressure losses;                   4. accelerated endurance test;                   5. A thermal shock resistance test for meters with a nominal flowrate Qn of not more than 10 m3/h.    5.2.4.2. Description of tests  The tests must be carried out as follows.   - The pressure tightness test is conducted in two parts at 85 (± 5) ºC:            (a) each meter must withstand without leakage, or seepage through the walls, a pressure of 1 76 times the maximum operating pressure, applied for a period of 15 minutes (see 4.1 (f));                       (b) each meter must withstand without damage, or jamming, a pressure of twice the maximum operating pressure, applied for a period of one minute (see 4.1 (f)).                   - The results of the error curves and loss of pressure tests must provide a sufficient number of points to enable the curves to be plotted with confidence throughout the range.                           - The accelerated endurance test is carried out as set out in the table below: >PIC FILE= "T0015272">   Before the first test and after each series of tests the measuring errors must be determined, under the same conditions, as a minimum requirement at the following flowrates:  Qmin - Qt - 0 75 Qn - Qmax  In each test, the volume of water passed through the meter must be sufficient to rotate the pointer or the roller on the verification scale through one or more complete revolutions and to eliminate the effects of cyclic distortion.                     - The thermal shock resistance test comprises 25 cycles to be carried out as follows : >PIC FILE= "T0015273">        5.2.5. Conditions for EEC pattern approval  A meter pattern is approved if:              (a) it conforms with the administrative, technical and metrological requirements of this Directive and its Annex;                           (b) tests 1, 2 and 3 under 5.2.4.1 show that it conforms to Parts II and III of this Annex as regards metrological and technological characteristics;                         (c) after each accelerated endurance test and after the thermal shock resistance test, no variation in relation to the initial curve greater than 1 75 % between Qt and Qmax or greater than 3 % between Qmin and Qt has been observed.                 5.3. EEC pattern approval certificate  The EEC pattern approval certificate may provide for the possibility of the accuracy test being carried out with cold water during initial verification.  This possibility is permitted only if, during the EEC pattern approval examination, study of the hot water/cold water rules of equivalence has enabled a cold water accuracy test to be  established and has shown that a meter passing this test also complies with the maximum permissible errors laid down in 2.1.  In this case the EEC pattern approval certificate must include a description of this test and the relevant requirements, in particular those regarding the permissible errors and the test flowrates.     VI. EEC INITIAL VERIFICATION The EEC initial verification procedure is as described in Council Directive 71/316/EEC.    6.1. Verification methods  EEC initial verification must be carried out in a place approved by the metrological service of the Member State.  The layout of the premises and the test equipment must be such that verification may be carried out in safe, reliable conditions, and with no loss of time for the person responsible for the tests. The requirements of 5.2.3 must be complied with, except with respect to temperatures where the tests are carried out with cold water in accordance with such provisions as may be laid down in the EEC pattern approval certificate. Arrangements may be made at the test centre to enable the meters to be tested in series. The exit pressure of all the meters must always be sufficient to prevent cavitation and special measures may be required to prevent interaction between meters.  The complete unit may include automatic devices, by-pass valves, flow-restrictors, etc., provided that each test circuit between the meters to be verified and the control tanks is clearly defined and that it is possible to check the internal pressure tightness of the circuits at any time.  Any type of water supply system may be used, but if several test circuits are operated in parallel, there must be no interaction incompatible with the requirements of 5.2.3.  If a control tank is divided into several chambers, the separating walls must be sufficiently rigid to ensure that the volume of a chamber does not vary by more than 0 72 % according to whether the adjacent chambers are full or empty.       6.2. Test procedure  The meters must conform to an approved pattern.  EEC initial verification comprises pressure tightness and accuracy tests.      6.2.1. Pressure tightness test  The pressure tightness test may be carried out with cold water. It must be carried out for one minute at 16 times the maximum operating pressure. During the test, there must be no leakage, or seepage through the walls of the meter.           6.2.2. Accuracy test        6.2.2.1. Accuracy test with hot water  The accuracy test is normally conducted with hot water at a temperature of 50 (± 5) ºC at three flowrates at least:          (a) between 0 79 Qmax and Qmax;                   (b) between Qt and 1 71 Qt;                   (c) between Qmin and 1 71 Qmin.    During this test the meter must comply with the maximum permissible errors stipulated in 2.1.  If all the errors are found to lie in one direction, the meter must be adjusted so that not all the errors exceed one half of the maximum permissible error.               6.2.2.2. Accuracy test with cold water  If the EEC pattern approval certificate so provides, the accuracy test may be carried out with cold water. In this case the test is carried out in accordance with the procedures laid down in the certificate.


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32000L0035

Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions

Official Journal L 200 , 08/08/2000 P. 0035 - 0038

Directive 2000/35/EC of the European Parliament and of the Councilof 29 June 2000on combating late payment in commercial transactionsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 4 May 2000,Whereas:(1) In its resolution on the integrated programme in favour of SMEs and the craft sector(4), the European Parliament urged the Commission to submit proposals to deal with the problem of late payment.(2) On 12 May 1995 the Commission adopted a recommendation on payment periods in commercial transactions(5).(3) In its resolution on the Commission recommendation on payment periods in commercial transactions(6), the European Parliament called on the Commission to consider transforming its recommendation into a proposal for a Council directive to be submitted as soon as possible.(4) On 29 May 1997 the Economic and Social Committee adopted an opinion on the Commission's Green Paper on Public procurement in the European Union: Exploring the way forward(7).(5) On 4 June 1997 the Commission published an action plan for the single market, which underlined that late payment represents an increasingly serious obstacle for the success of the single market.(6) On 17 July 1997 the Commission published a report on late payments in commercial transactions(8), summarising the results of an evaluation of the effects of the Commission's recommendation of 12 May 1995.(7) Heavy administrative and financial burdens are placed on businesses, particularly small and medium-sized ones, as a result of excessive payment periods and late payment. Moreover, these problems are a major cause of insolvencies threatening the survival of businesses and result in numerous job losses.(8) In some Member States contractual payment periods differ significantly from the Community average.(9) The differences between payment rules and practices in the Member States constitute an obstacle to the proper functioning of the internal market.(10) This has the effect of considerably limiting commercial transactions between Member States. This is in contradiction with Article 14 of the Treaty as entrepreneurs should be able to trade throughout the internal market under conditions which ensure that transborder operations do not entail greater risks than domestic sales. Distortions of competition would ensue if substantially different rules applied to domestic and transborder operations.(11) The most recent statistics indicate that there has been, at best, no improvement in late payments in many Member States since the adoption of the recommendation of 12 May 1995.(12) The objective of combating late payments in the internal market cannot be sufficiently achieved by the Member States acting individually and can, therefore, be better achieved by the Community. This Directive does not go beyond what is necessary to achieve that objective. This Directive complies therefore, in its entirety, with the requirements of the principles of subsidiarity and proportionality as laid down in Article 5 of the Treaty.(13) This Directive should be limited to payments made as remuneration for commercial transactions and does not regulate transactions with consumers, interest in connection with other payments, e.g. payments under the laws on cheques and bills of exchange, payments made as compensation for damages including payments from insurance companies.(14) The fact that the liberal professions are covered by this Directive does not mean that Member States have to treat them as undertakings or merchants for purposes not covered by this Directive.(15) This Directive only defines the term "enforceable title" but does not regulate the various procedures of forced execution of such a title and the conditions under which forced execution of such a title can be stopped or suspended.(16) Late payment constitutes a breach of contract which has been made financially attractive to debtors in most Member States by low interest rates on late payments and/or slow procedures for redress. A decisive shift, including compensation of creditors for the costs incurred, is necessary to reverse this trend and to ensure that the consequences of late payments are such as to discourage late payment.(17) The reasonable compensation for the recovery costs has to be considered without prejudice to national provisions according to which a national judge can award to the creditor any additional damage caused by the debtor's late payment, taking also into account that such incurred costs may be already compensated for by the interest for late payment.(18) This Directive takes into account the issue of long contractual payment periods and, in particular, the existence of certain categories of contracts where a longer payment period in combination with a restriction of freedom of contract or a higher interest rate can be justified.(19) This Directive should prohibit abuse of freedom of contract to the disadvantage of the creditor. Where an agreement mainly serves the purpose of procuring the debtor additional liquidity at the expense of the creditor, or where the main contractor imposes on his suppliers and subcontractors terms of payment which are not justified on the grounds of the terms granted to himself, these may be considered to be factors constituting such an abuse. This Directive does not affect national provisions relating to the way contracts are concluded or regulating the validity of contractual terms which are unfair to the debtor.(20) The consequences of late payment can be dissuasive only if they are accompanied by procedures for redress which are rapid and effective for the creditor. In conformity with the principle of non-discrimination contained in Article 12 of the Treaty, those procedures should be available to all creditors who are established in the Community.(21) It is desirable to ensure that creditors are in a position to exercise a retention of title on a non-discriminatory basis throughout the Community, if the retention of title clause is valid under the applicable national provisions designated by private international law.(22) This Directive should regulate all commercial transactions irrespective of whether they are carried out between private or public undertakings or between undertakings and public authorities, having regard to the fact that the latter handle a considerable volume of payments to business. It should therefore also regulate all commercial transactions between main contractors and their suppliers and subcontractors.(23) Article 5 of this Directive requires that the recovery procedure for unchallenged claims be completed within a short period of time in conformity with national legislation, but does not require Member States to adopt a specific procedure or to amend their existing legal procedures in a specific way,HAVE ADOPTED THIS DIRECTIVE:Article 1ScopeThis Directive shall apply to all payments made as remuneration for commercial transactions.Article 2DefinitionsFor the purposes of this Directive:1. "commercial transactions" means transactions between undertakings or between undertakings and public authorities which lead to the delivery of goods or the provision of services for remuneration,"public authority" means any contracting authority or entity, as defined by the Public Procurement Directives (92/50/EEC(9), 93/36/EEC(10), 93/37/EEC(11) and 93/38/EEC(12)),"undertaking" means any organisation acting in the course of its independent economic or professional activity, even where it is carried on by a single person;2. "late payment" means exceeding the contractual or statutory period of payment;3. "retention of title" means the contractual agreement according to which the seller retains title to the goods in question until the price has been paid in full;4. "interest rate applied by the European Central Bank to its main refinancing operations" means the interest rate applied to such operations in the case of fixed-rate tenders. In the event that a main refinancing operation was conducted according to a variable-rate tender procedure, this interest rate refers to the marginal interest rate which resulted from that tender. This applies both in the case of single-rate and variable-rate auctions;5. "enforceable title" means any decision, judgment or order for payment issued by a court or other competent authority, whether for immediate payment or payment by instalments, which permits the creditor to have his claim against the debtor collected by means of forced execution; it shall include a decision, judgment or order for payment that is provisionally enforceable and remains so even if the debtor appeals against it.Article 3Interest in case of late payment1. Member States shall ensure that:(a) interest in accordance with point (d) shall become payable from the day following the date or the end of the period for payment fixed in the contract;(b) if the date or period for payment is not fixed in the contract, interest shall become payable automatically without the necessity of a reminder:(i) 30 days following the date of receipt by the debtor of the invoice or an equivalent request for payment; or(ii) if the date of the receipt of the invoice or the equivalent request for payment is uncertain, 30 days after the date of receipt of the goods or services; or(iii) if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services, 30 days after the receipt of the goods or services; or(iv) if a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place, 30 days after this latter date;(c) the creditor shall be entitled to interest for late payment to the extent that:(i) he has fulfilled his contractual and legal obligations; and(ii) he has not received the amount due on time, unless the debtor is not responsible for the delay;(d) the level of interest for late payment ("the statutory rate"), which the debtor is obliged to pay, shall be the sum of the interest rate applied by the European Central Bank to its most recent main refinancing operation carried out before the first calendar day of the half-year in question ("the reference rate"), plus at least seven percentage points ("the margin"), unless otherwise specified in the contract. For a Member State which is not participating in the third stage of economic and monetary union, the reference rate referred to above shall be the equivalent rate set by its national central bank. In both cases, the reference rate in force on the first calendar day of the half-year in question shall apply for the following six months;(e) unless the debtor is not responsible for the delay, the creditor shall be entitled to claim reasonable compensation from the debtor for all relevant recovery costs incurred through the latter's late payment. Such recovery costs shall respect the principles of transparency and proportionality as regards the debt in question. Member States may, while respecting the principles referred to above, fix maximum amounts as regards the recovery costs for different levels of debt.2. For certain categories of contracts to be defined by national law, Member States may fix the period after which interest becomes payable to a maximum of 60 days provided that they either restrain the parties to the contract from exceeding this period or fix a mandatory interest rate that substantially exceeds the statutory rate.3. Member States shall provide that an agreement on the date for payment or on the consequences of late payment which is not in line with the provisions of paragraphs 1(b) to (d) and 2 either shall not be enforceable or shall give rise to a claim for damages if, when all circumstances of the case, including good commercial practice and the nature of the product, are considered, it is grossly unfair to the creditor. In determining whether an agreement is grossly unfair to the creditor, it will be taken, inter alia, into account whether the debtor has any objective reason to deviate from the provisions of paragraphs 1(b) to (d) and 2. If such an agreement is determined to be grossly unfair, the statutory terms will apply, unless the national courts determine different conditions which are fair.4. Member States shall ensure that, in the interests of creditors and of competitors, adequate and effective means exist to prevent the continued use of terms which are grossly unfair within the meaning of paragraph 3.5. The means referred to in paragraph 4 shall include provisions whereby organisations officially recognised as, or having a legitimate interest in, representing small and medium-sized enterprises may take action according to the national law concerned before the courts or before competent administrative bodies on the grounds that contractual terms drawn up for general use are grossly unfair within the meaning of paragraph 3, so that they can apply appropriate and effective means to prevent the continued use of such terms.Article 4Retention of title1. Member States shall provide in conformity with the applicable national provisions designated by private international law that the seller retains title to goods until they are fully paid for if a retention of title clause has been expressly agreed between the buyer and the seller before the delivery of the goods.2. Member States may adopt or retain provisions dealing with down payments already made by the debtor.Article 5Recovery procedures for unchallenged claims1. Member States shall ensure that an enforceable title can be obtained, irrespective of the amount of the debt, normally within 90 calendar days of the lodging of the creditor's action or application at the court or other competent authority, provided that the debt or aspects of the procedure are not disputed. This duty shall be carried out by Member States in conformity with their respective national legislation, regulations and administrative provisions.2. The respective national legislation, regulations and administrative provisions shall apply the same conditions for all creditors who are established in the European Community.3. The 90 calendar day period referred to in paragraph 1 shall not include the following:(a) periods for service of documents;(b) any delays caused by the creditor, such as periods devoted to correcting applications.4. This Article shall be without prejudice to the provisions of the Brussels Convention on jurisdiction and enforcement of judgments in civil and commercial matters(13).Article 6Transposition1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 8 August 2002. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States may maintain or bring into force provisions which are more favourable to the creditor than the provisions necessary to comply with this Directive.3. In transposing this Directive, Member States may exclude:(a) debts that are subject to insolvency proceedings instituted against the debtor;(b) contracts that have been concluded prior to 8 August 2002; and(c) claims for interest of less than EUR 5.4. 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.5. The Commission shall undertake two years after 8 August 2002 a review of, inter alia, the statutory rate, contractual payment periods and late payments, to assess the impact on commercial transactions and the operation of the legislation in practice. The results of this review and of other reviews will be made known to the European Parliament and the Council, accompanied where appropriate by proposals for improvement of this Directive.Article 7Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 8AddresseesThis Directive is addressed to the Member States.Done at Luxembourg, 29 June 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentM. Marques da Costa(1) OJ C 168, 3.6.1998, p. 13, andOJ C 374, 3.12.1998, p. 4.(2) OJ C 407, 28.12.1998, p. 50.(3) Opinion of the European Parliament of 17 September 1998 (OJ C 313, 12.10.1998, p. 142), Council Common Position of 29 July 1999 (OJ C 284, 6.10.1999, p. 1) and decision of the European Parliament of 16 December 1999 (not yet published in the Official Journal). Decision of the European Parliament of 15 June 2000 and Decision of the Council of 18 May 2000.(4) OJ C 323, 21.11.1994, p. 19.(5) OJ L 127, 10.6.1995, p. 19.(6) OJ C 211, 22.7.1996, p. 43.(7) OJ C 287, 22.9.1997, p. 92.(8) OJ C 216, 17.7.1997, p. 10.(9) OJ L 209, 24.7.1992, p. 1.(10) OJ L 199, 9.8.1993, p. 1.(11) OJ L 199, 9.8.1993, p. 54.(12) OJ L 199, 9.8.1993, p. 84.(13) Consolidated version in OJ C 27, 26.1.1998, p. 3.


Avis juridique important

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31980L0233

Commission Directive 80/233/EEC of 21 November 1979 adapting to technical progress Council Directive 76/756/EEC on the approximation of the laws of the Member States relating to the installation of the lighting and light-signalling devices on motor vehicles and their trailers

Official Journal L 051 , 25/02/1980 P. 0008 - 0018 Finnish special edition: Chapter 13 Volume 10 P. 0192  Greek special edition: Chapter 13 Volume 9 P. 0108  Swedish special edition: Chapter 13 Volume 10 P. 0192  Spanish special edition: Chapter 13 Volume 11 P. 0010  Portuguese special edition Chapter 13 Volume 11 P. 0010

COMMISSION DIRECTIVE  of 21 November 1979  adapting to technical progress Council Directive 76/756/EEC on the approximation of the laws of the Member States relating to the installation of the lighting and light-signalling devices on motor vehicles and their trailers  (80/233/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (1), as last amended by Directive 78/547/EEC (2), and in particular Articles 11, 12 and 13 thereof,  Having regard to Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (3),  Whereas in the light of the experience gained and the present state of the art it is now possible to amplify certain requirements and bring them more into line with actual test conditions;  Whereas these amendments are to be followed by further amendments at present being examined, the effect of which will be to render certain requirements more stringent with a view to increasing the safety both of the occupants of the vehicles and of other road users;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of Directives for the Removal of Technical Barriers to Trade in Motor Vehicles,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 76/756/EEC is hereby amended as follows:    1. Articles 2 and 3 are replaced by a new Article 2 as follows:  "Article 2  1. With effect from 1 May 1980, no Member State may, on grounds relating to the installation of the lighting and light-signalling devices, whether mandatory or optional, listed in items 1.5.7 to 1.5.20 of Annex I:      - refuse, in respect of a type of vehicle, to grant EEC type approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type approval, or           - prohibit the entry into service of vehicles,             if the installation of the said lighting and light-signalling devices on this type of vehicle or on these vehicles complies with the provisions of this Directive.  2. With effect from 1 January 1981, Member States:   -  may no longer issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle in  (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 168, 26.6.1978, p. 39. (3)OJ No L 262, 27.9.1976, p. 1.  which the installation of the said lighting and light-signalling devices does not comply with the provisions of this Directive,   -  may refuse to grant national type approval in respect of a type of vehicle in which the installation of the said lighting and light-signalling devices does not comply with the provisions of this Directive.   3. With effect from 1 October 1982, Member States may prohibit the entry into service of vehicles in respect of which a certificate pursuant to Article 10 of Directive 70/156/EEC concerning the installation of the said lighting and light-signalling devices was issued after 1 October 1979, where the installation of these devices does not comply with the provisions of this Directive."   2. Articles 4, 5, 6 and 7 become Articles 3, 4, 5 and 6 respectively.   3.  Annexes I and II are amended in accordance with the Annex to this Directive.          Article 2 Member States shall bring into force the provisions necessary in order to comply with this Directive by 30 April 1980 and shall forthwith inform the Commission thereof.   Article 3 This Directive is addressed to the Member States.     Done at Brussels, 21 November 1979.  For the Commission  Étienne DAVIGNON  Member of the Commission     ANNEX Amendments to the Annexes to Directive 76/756/EEC  ANNEX I : INSTALLATION OF LIGHTING AND LIGHT-SIGNALLING DEVICES Item 1.3 is hereby amended as follows:  "1.3. Unladen vehicle  "Unladen vehicle" means the vehicle in running order, as defined in item 2.6 of Annex I, model information document, to Directive 70/156/EEC, but without driver."  Item 1.5.3 is hereby amended as follows:  "1.5.3. Grouped lamps  "Grouped lamps" means devices having separate lenses or separate parts of lenses, separate light sources, but a common lamp body."  Item 1.5.4 is hereby amended as follows:  "1.5.4. Combined lamps  "Combined lamps" means devices having separate lenses or separate parts of lenses, but a common light source and a common lamp body."  Item 1.5.20 is hereby amended as follows:  "1.5.20. Reflex reflector  "Reflex reflector" means a device used to indicate the presence of a vehicle by the reflection of light emanating from a light source not connected to the vehicle, the observer being situated near the source.  For the purposes of this Directive the following are not considered as reflex reflectors:    - retro-reflecting nunber plates,       - the retro-reflecting signals mentioned in the ADR (European Agreement concerning the international carriage of dangerous goods by road),       - other retro-reflecting plates and signals which must be used to comply with a Member State's specifications for use as regards certain categories of vehicles or certain methods of operation."         Item 1.6.1 is hereby amended as follows:  "1.6.1. Illuminating surface of a lighting device  "Illuminating surface of a lighting device" (1.5.7 to 1.5.10) means the orthogonal projection of the full aperture of the reflector in a transverse plane. If the lighting device has no reflector, the definition of item 1.6.2 shall be applied. If the lamp glass (or glasses) extend(s) over part only of the full aperture of the reflector, then the projection of that part only is taken into account.  In the case of a dipped-beam headlamp, the illuminating surface is limited by the apparent trace of the cut-off on to the lens. If the reflector and glass are adjustable relative to one another, the mean adjustment should be used."  Item 1.6.4 is hereby amended as follows:  "1.6.4. Apparent surface  "Apparent surface", for a defined direction of observation, means the orthogonal projection of the light-emitting surface in a plane perpendicular to the direction of observation (see drawing in Appendix 2) and tangential to the most exterior point of the lens."  After item 1.6.4 the following new item 1.6.5 shall be added:  1.6.5. Light-emitting surface  "Light-emitting surface" means all or part of the exterior surface of the transparent lens that encloses the lighting and light-signalling device and allows compliance with photometric and colorimetric requirements."  Item 1.8 is hereby amended as follows:  "1.8. Centre of reference  "Centre of reference" means the intersection of the axis of reference with the light-emitting surface. This centre of reference is to be specified by the manufacturer of the lamp."  Item 1.9 is hereby amended as follows:  "1.9. Angles of geometric visibility >PIC FILE= "T0013382">   If measurements are taken closer to the lamp, the direction of observation must be shifted parallel to achieve the same accuracy.  On the inside of the angles of geometric visibility no account is taken of obstacles, if they were already presented when the lamp was type-approved.  If, when the lamp is installed, any part of the apparent surface of the lamp is hidden by any further parts of the vehicle, proof shall be furnished that the part of the lamp not hidden by obstacles still conforms to the photometric values prescribed for the approval of the device as an optical unit (see figure below)."  >PIC FILE= "T0013217">   Item 1.12 is hereby amended as follows:  "1.12. A single lamp  "A single lamp" also means any combination of two or more lamps, whether identical or not, having the same function and emitting light of the same colour, if it comprises devices, the projection of whose aggregate illuminating surfaces in a given transverse plane occupies 60 % or more of the area of the smallest rectangle circumscribing the projections of those illuminating surfaces, provided that such combination is, where approval is required, approved as a single lamp.  This possible combination does not apply to main-beam headlamps, dipped-beam headlamps and front fog lamps."  Item 1.14 is hereby amended as follows:  "1.14. Distance between two lamps  "Distance between two lamps" which face in the same direction means the shortest distance between the orthogonal projections in a plane perpendicular to the axes of reference of the outlines of the two illuminating surfaces as defined according to the case mentioned in 1.6. The distance between two lamps may, however, be measured without determining the outlines of the illuminating surfaces exactly, where the distance is clearly in excess of the minimum requirements of the Directive."  After item 1.17 the following new item 1.18 shall be added:  "1.18. Ground  "Ground" means the surface on which the vehicle stands which should be substantially horizontal."  Item 2.2.2 is hereby amended as follows:  "2.2.2. a list of devices prescribed by the manufacturer for the lighting and light-signalling assembly. The list may include several types of device for each operation. Each type must be duly identified (component type-approval mark, name of manufacturer, etc.);"  Item 2.2.4 is hereby amended as follows:  "2.2.4. layout drawing(s) for each individual lamp showing the illuminating surfaces as defined in 1.6, the axis of reference as defined in 1.7 and the centre of reference as defined in 1.8."  Item 3.5.1 is hereby amended as follows:  "3.5.1. be fitted to the vehicle symmetrically in relation to the median longitudinal plane (this estimate to be based on the exterior geometrical form of the lamp and not on the edge of its illuminating surface referred to in 1.6);"  Item 3.5.2 is hereby amended as follows:  "3.5.2. be symmetrical to one another in relation to the median longitudinal plane ; this requirement is not valid with regard to the interior structure of the lamp;"  Item 3.8 is hereby amended as follows:  "3.8. The maximum height above ground shall be measured from the highest point and the minimum height from the lowest point of the illuminating surface.  In the case of dipped headlamps, the minimum height in relation to the ground is measured from the lowest edge of the reflector."  After item 3.8 the following new item 3.8.1 shall be added:  "3.8.1. The position, as regards width, will be determined from the edge of the illuminating surface which is the furthest from the median longitudinal plane of the vehicle when referred to the overall width, and from the inner edges of the illuminating surfaces when referred to the distance between the lamps."  Item 3.10 is hereby amended as follows:  "3.10. No red light emitted from a lamp as defined in 1.5 shall be visible towards the front and no white light emitted from a lamp as defined in 1.5 other than from the reversing lamp shall be visible towards the rear. Lamps used to illuminate the vehicle's interior shall not be taken into consideration in this respect.  This requirement is considered to have been met if:"  Item 3.10.1 is hereby amended as follows:  "3.10.1. for the visibility of a red light towards the front : there must be no direct visibility of a light-emitting surface of a red lamp if viewed by an observer moving within Zone 1 in a transverse plane situated 25 m in front of the vehicle (see Appendix 3, figure 1);"  Item 3.10.2 is hereby amended as follows:  "3.10.2. for the visibility of a white light towards the rear : there must be no direct visibility of a light-emitting surface of a white lamp if viewed by an observer moving within Zone 2 in a transverse plane situated 25 m behind the vehicle (see Appendix 3, figure 2)."  Item 3.11 is hereby amended as follows:  "3.11. The electrical connections must be such that the front and rear position (side) lamps, the end-outline marker lamps if they exist, and the rear registration plate lamp can only be switched on and off simultaneously.  This is not valid when using front and rear position (side) lamps as parking lamps."  Item 3.15.3 is hereby amended as follows:  "3.15.3. In the event of a defect in the concealment control or other defects referred to in points 3.15.2.1 and 3.15.2.2, a concealed lighting device shall be capable of being moved into the position of use without the aid of tools."  Item 3.15.6 is hereby amended as follows:  "3.15.6. When the concealment device has a temperature of - 30 to + 50 ºC the headlamp must be capable of reaching the fully-open position within three seconds of initial operation of the control."  After item 3.15.6 the following new item 3.16 shall be added:  "3.16. Number of lamps  The number of lamps mounted on the vehicle shall be equal to the number(s) specified in subparagraph 2 of 4.1 to 4.17."  Item 4.1.4.3 is hereby amended as follows:  "4.1.4.3. Length:  at the front of the vehicle and fitted in such a way that the light emitted does not cause discomfort to the driver either directly or indirectly through the rear-view mirrors and/or other reflecting surfaces of the vehicles."  Item 4.1.5 is hereby amended as follows:  "4.1.5. Geometric visibility  The visibility of the illuminating surface, including its visibility in areas which do not appear to be illuminated in the direction of observation considered, must be ensured within a divergent space defined by generating lines based on the perimeter of the illuminating surface and forming an angle of not less than 5º with the axis of reference of the headlamp. The origin of the angles of geometric visibility is the perimeter of the projection of the illuminating surface on a transverse plane tangent to the foremost part of the lens of the headlamp."  Item 4.1.11 is hereby amended as follows:  "4.1.11. Tell-tale  Circuit-closed tell-tale mandatory."  Item 4.2.5 is hereby amended as follows:  "4.2.5. Geometric visibility >PIC FILE= "T0013383">    Since the photometric values required for dipped-beam headlamps do not cover the full geometric field of vision, a minimum value of 1 cd in the space remaining is required for type-approval purposes. The presence of panels or other items of equipment near the light must not give rise to secondary effects causing discomfort to other road users."  Item 4.2.11 is hereby amended as follows:  "4.2.11. Tell-tale  Tell-tale optional."  Item 4.3.11 is hereby amended as follows:  "4.3.11. Tell-tale  Tell-tale optional."  Item 4.4.11 is hereby amended as follows:  "4.4.11. Tell-tale  Tell-tale optional."  Item 4.5.3 is hereby amended as follows:  "4.5.3. Arrangement    A : Two front direction-indicator lamps (category 1).  Two rear direction-indicator lamps (category 2).  Two side repeating direction-indicator lamps (category 5).  Where lamps combining the functions of front direction-indicator lamps (category 1) and side repeating direction-indicator lamps (category 5) are fitted, two additional side repeating direction-indicator lamps (category 5) may be fitted to meet the visibility requirements of 4.5.5.   B :  Two rear direction-indicator lamps (category 2)."  Item 4.5.4.1 is hereby amended as follows:  "4.5.4.1. Width:  The edge of the illuminating surface furthest from the median longitudinal plane of the vehicle must not be more than 400 mm from the extreme outer edge of the vehicle.  The distance between the inner edges of the two illuminating surfaces shall be not less than 600 mm. Where the vertical distance between the rear direction-indicator lamp and the corresponding rear position (side) lamp is not more than 300 mm, the distance between the extreme outer edge of the vehicle and the outer edge of the illuminating surface of the rear direction-indicator lamp must not exceed by more than 50 mm the distance between the extreme outer edge of the vehicle and the outer edge of the illuminating surface of the corresponding rear position (side) lamp.  For front direction-indicator lamps the illuminating surface must not be less than 40 mm from the illuminating surface of the dipped-beam headlamps or front fog lamps, if any. A smaller distance is permitted if the luminous intensity in the reference axis of the direction-indicator lamp is equal to at least 400 cd.  Item 4.5.8 is hereby amended as follows:  "4.5.8. May not be combined  with another lamp. May be combined only with direction-indicator lamps of another category."  Item 4.5.11 is hereby amended as follows:  "4.5.11. Tell-tale  Operational tell-tale mandatory for front and rear direction-indicator lamps. It may be optical or auditory or both. If it is optical, it shall be a flashing light which, at least in the event of the malfunction of any of the front or rear direction-indicator lamps, is either extinguished, or remains alight without flashing, or shows a marked change of frequency. If it is entirely auditory it shall be clearly audible and shall show a marked change of frequency, at least in the event of the malfunction of any of the front or rear direction-indicator lamps.  If a motor vehicle is equipped to draw a trailer, it must be fitted with a special optical operational tell-tale for the direction-indicator lamps on the trailer unless the tell-tale of the drawing vehicle allows the failure of any one of the direction-indicator lamps on the vehicle combination thus formed to be detected."  Item 4.6.10 is hereby amended as follows:  "4.6.10. Electrical connections  The signal shall be operated by means of a separate control enabling all the direction-indicator lamps to flash in phase."  Item 4.6.11 is hereby amended as follows:  "4.6.11. Tell-tale  Circuit-closed tell-tale mandatory. Flashing warning light, which can operate in conjunction with the tell-tale(s) specified in 4.5.11."  Item 4.7.11 is hereby amended as follows:  "4.7.11. Tell-tale  Tell-tale optional. Where fitted, this tell-tale must be an operational tell-tale consisting of a non-flashing warning light which comes on in the event of the malfunctioning of the stop lamps."  Appendix 2 : the drawing is replaced by the following drawing: >PIC FILE= "T0013218">      ANNEX II Item 15 is hereby amended as follows:  "15. The following documents, bearing the type-approval number indicated above, are annexed to this type-approval certificate:  ... List(s) of devices presented by the manufacturer for the lighting and light-signalling assembly ; for each device the manufacturer's mark and the component type-approval mark are indicated."  If expressly requested, these documents must be supplied to the competent authorities of the other Member States.


Important legal notice

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32003L0069

Commission Directive 2003/69/EC of 11 July 2003 amending the Annex to Council Directive 90/642/EEC as regards maximum residue levels for chlormequat, lambda-cyhalothrin, kresoxim-methyl, azoxystrobin and certain dithiocarbamates (Text with EEA relevance)

Official Journal L 175 , 15/07/2003 P. 0037 - 0044

Commission Directive 2003/69/ECof 11 July 2003amending the Annex to Council Directive 90/642/EEC as regards maximum residue levels for chlormequat, lambda-cyhalothrin, kresoxim-methyl, azoxystrobin and certain dithiocarbamates(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on products of plant origin, including fruit and vegetables(1), as last amended by Council Regulation (EC) No 2003/806(2), and in particular Article 7 thereof,Whereas:(1) In the case of products of plant origin including fruit and vegetables, residue levels reflect the use of minimum quantities of pesticides necessary to achieve effective protection of plants, applied in such a manner that the amount of residue is as low as is practicable and toxicologically acceptable, having regard, in particular to the protection of the environment and the estimated dietary intake of consumers. Community maximum residue levels (MRLs) represent the upper limit of the amount of such residues that might be expected to be found in commodities when good agricultural practices have been respected.(2) MRLs for pesticides are kept under review and changed to take account of new information and data. MRLs are fixed at the lower limit of analytical determination where authorised uses of plant protection products do not result in detectable levels of pesticide residue in or on the food product, or where there are no authorised uses, or where uses which have been authorised by Member States have not been supported by the necessary data, or where uses in third countries resulting in residues in or on food products which may enter into circulation in the Community market have not been supported by the necessary data.(3) In the case of chlormequat, Member States and stakeholders informed the Commission that contamination of pears due to the background levels of chlormequat in the environment originating from earlier use continues to be significant. Monitoring data show that the decline of the residues is so slow that the temporary MRL provided for in Directive 90/642/EEC needs to remain in place for three more years.(4) In the case of lambda-cyhalothrin, kresoxim-methyl, azoxystrobin and mancozeb applications for new or changed uses were submitted to the Rapporteur Member States. Those uses were evaluated and it was concluded that they would not result in unacceptable consumer exposure.(5) For mancozeb it is not possible with the current method of routine analysis to distinguish it from other dithiocarbamates (maneb, mancozeb, metiram, propineb and zineb (sum expressed as CS2)), therefore the residue definition covers the whole group of dithiocarbamates.(6) The Commission concluded that it is prudent to modify some of the MRLs in view of the possible risks to consumers. It is important that additional risk management measures should be taken by the Member States to adequately protect the consumer.(7) The lifetime and short term exposure of consumers to the pesticides referred to in this Directive via food products has been reassessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation(3). It is calculated that the MRLs fixed in this Directive will not lead to unacceptable consumer exposure.(8) Where relevant, the acute exposure of consumers to those pesticides via each of the food products that may contain residues has been assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation. It is concluded that the presence of pesticide residues at or below the MRLs proposed in this Directive will not cause acute toxic effects.(9) Through the World Trade Organisation, the Community's trading partners have been consulted about the MRLs proposed in this Directive and their comments on these levels have been taken into account.(10) The opinions of the Scientific Committee for Plants have been taken into account, in particular its advice and recommendations concerning the methodology to be followed for the protection of consumers of agricultural products treated with pesticides.(11) The Annex to Directive 90/642/EEC should therefore be amended accordingly.(12) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1Annex II to Directive 90/642/EEC is amended as follows:1. in the entry for kresoxim-methyl on strawberries "0,2 (p) mg/kg" is replaced by "1 (p) mg/kg";2. in the entry for the dithiocarbamates: "Maneb, mancozeb, metiram, propineb and zineb (sum expressed as CS2)" on radishes "0,2 mg/kg" is replaced by "2 mg/kg", on spring onions "0,05* mg/kg" is replaced by "1 mg/kg";3. in the entry for chlormequat on pears the footnote (t) is replaced by the following:"(t) A temporary MRL of 0,3 mg/kg shall apply until 31 July 2006.";4. the entries for azoxystrobin and lambda-cyhalothrin are replaced by the entries in Annex to this Directive.Article 2Member States shall adopt and publish the provisions necessary to comply with this Directive by 31 July 2003 at the latest. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 August 2003.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.Article 3This Directive shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.Article 4This Directive is addressed to the Member States.Done at Brussels, 11 July 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 350, 14.12.1990, p. 71.(2) OJ L 122, 16.5.2003, p. 1.(3) Guidelines for predicting dietary intake of pesticide residues (revised), prepared by the GEMS/Food Programme in collaboration with the Codex Committee on Pesticide Residues, published by the World Health Organisation 1997 (WHO/FSF/FOS/97.7).ANNEX">TABLE>"


title: Commission Directive 2006/82/EC of 23 October 2006 adapting Directive 91/321/EEC on infant formulae and follow-on formulae and Directive 1999/21/EC on dietary foods for special medical purposes, by reason of the accession of Bulgaria and Romania

text:
               20.12.2006

               EN

               Official Journal of the European Union

               L 362/94

      COMMISSION DIRECTIVE 2006/82/EC
   of 23 October 2006
   adapting Directive 91/321/EEC on infant formulae and follow-on formulae and Directive 1999/21/EC on dietary foods for special medical purposes, by reason of the accession of Bulgaria and Romania
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,
   Whereas:

               (1)

               Pursuant to Article 56 of the Act of Accession, where acts which remain valid beyond 1 January 2007 require adaptation by reason of accession, and the necessary adaptations have not been provided for in the Act of Accession or its Annexes, the necessary adaptations are to be adopted by the Commission in all cases where the Commission adopted the original act.

               (2)

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

               (3)

               Commission Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae (1) and Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes (2) should therefore be amended accordingly,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Directives 91/321/EEC and 1999/21/EC are amended as set out in the Annex.
   Article 2
   1.   Member States shall adopt and publish, by the date of accession of Bulgaria and Romania to the European Union at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from the date of accession of Bulgaria and Romania to the European Union.
   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 fields covered by this Directive.
   Article 3
   This Directive shall enter into force subject to, and on the date of, the entry into force of the Treaty of Accession of Bulgaria and Romania.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 23 October 2006.

            For the Commission

         Olli REHN

            Member of the Commission

      (1)  OJ L 175, 4.7.1991, p. 35.

      (2)  OJ L 91, 7.4.1999, p. 29.

      ANNEX
      FREE MOVEMENT OF GOODS
      FOODSTUFFS

                  1.

                  31991 L 0321: Commission Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae (OJ L 175, 4.7.1991, p. 35), as amended by:

                              —

                              11994 N: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

                              —

                              31996 L 0004: Commission Directive 96/4/EC of 16.2.1996 (OJ L 49, 28.2.1996, p. 12),

                              —

                              31999 L 0050: Commission Directive 1999/50/EC of 25.5.1999 (OJ L 139, 2.6.1999, p. 29),

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

                              —

                              32003 L 0014: Commission Directive 2003/14/EC of 10.2.2003 (OJ L 41, 14.2.2003, p. 37).

                              (a)

                              In Article 7(1), the following is added after the words ‘počiatočná dojčenská výživa’ and ‘následná dojčenská výživa’:

                                          ‘—

                                          in Bulgarian:
                                          “храни за кърмачета” and “преходни храни”,

                                          —

                                          in Romanian:
                                          “preparate pentru sugari” and “pentru copii de vârstă mică”.’;

                              (b)

                              In Article 7(1), the following is added after the words ‘počiatočná dojčenská mliečna výživa’ and ‘následná dojčenská mliečna výživa’:

                                          ‘—

                                          in Bulgarian:
                                          “млека за кърмачета” and “преходни млека”,

                                          —

                                          in Romanian:
                                          “lapte pentru sugari” and “pentru copii de vârstă mică”. ’.

                  2.

                  31999 L 0021: Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes (OJ L 91, 7.4.1999, p. 29), as amended by:

                              —

                              12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33).

                        In Article 4(1), the list starting with ‘in Spanish’ and ending with ‘medicinska ändamål’, is replaced by the following list:

                              ‘—

                              in Bulgarian:
                              “Диетични храни за специални медицински цели”

                              —

                              in Spanish:
                              “Alimento dietético para usos médicos especiales”

                              —

                              in Czech:
                              “Dietní potravina určená pro zvláštní lékařské účely”

                              —

                              in Danish:
                              “Levnedsmiddel/Levnedsmidler til særlige medicinske formål”

                              —

                              in German:
                              “Diätetisches/Diätetische Lebensmittel für besondere medizinische Zwecke (Bilanzierte Diäten)”

                              —

                              in Estonian:
                              “Toit meditsiinilisel näidustusel kasutamiseks”

                              —

                              in Greek:
                              “Διαιτητικά τρόφιμα για ειδικούς ιατρικούς σκοπούς”

                              —

                              in English:
                              “Food(s) for special medical purposes”

                              —

                              in French:
                              “Aliment(s) diététique(s) destiné(s) à des fins médicales spéciales”

                              —

                              in Italian:
                              “Alimento dietetico destinato a fini medici speciali”

                              —

                              in Latvian:
                              “Diētiskā pārtika cilvēkiem ar veselības traucējumiem”

                              —

                              in Lithuanian:
                              “Specialios medicininės paskirties maisto produktai”

                              —

                              in Hungarian:
                              “Speciális – gyógyászati célra szánt – tápszer”

                              —

                              in Maltese:
                              “Ikel dijetetiku għal skopijiet mediċi speċifiċi”

                              —

                              in Dutch:
                              “Dieetvoeding voor medisch gebruik”

                              —

                              in Polish:
                              “Dietetyczne środki spożywcze specjalnego przeznaczenia medycznego”

                              —

                              in Portuguese:
                              “Produto dietético de uso clínico”

                              —

                              in Romanian:
                              “Alimente dietetice pentru scopuri medicale speciale”

                              —

                              in Slovak:
                              “dietetická potravina na osobitné lekárske účely”

                              —

                              in Slovenian:
                              “Dietno (dietetično) živilo za posebne zdravstvene namene”

                              —

                              in Finnish:
                              “Kliininen ravintovalmiste/kliinisiä ravintovalmisteita”

                              —

                              in Swedish:
                              “Livsmedel för speciella medicinska ändamål” ’.