title: Commission Directive 2006/28/EC of  6 March 2006  amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC of  20 June 1972  relating to the radio interference (electromagnetic compatibility) of vehicles and Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers   (Text with EEA relevance)

text:
               7.3.2006

               EN

               Official Journal of the European Union

               L 65/27

      COMMISSION DIRECTIVE 2006/28/EC
   of 6 March 2006
   amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC of 20 June 1972 relating to the radio interference (electromagnetic compatibility) of vehicles and Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), and in particular Article 13(2) thereof,
   Having regard to Council Directive 72/245/EEC of 20 June 1972 relating to the radio interference (electromagnetic compatibility) of vehicles (2), and in particular Article 4 thereof,
   Whereas:

               (1)

               Directive 72/245/EEC is one of the separate directives under the type-approval procedure established by Directive 70/156/EEC.

               (2)

               In order to improve safety of vehicles by encouraging development and deployment of technologies utilising automotive short-range radar equipment, the Commission has harmonised the use of two radio spectrum frequency bands by Commission Decision 2004/545/EC of 8 July 2004 on the harmonisation of radio spectrum in the 79 GHz range for the use of automotive short-range radar equipment in the Community (3) and by Commission Decision 2005/50/EC of 17 January 2005 on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the Community (4).

               (3)

               In accordance with Decision 2005/50/EC, the use of 24 GHz automotive short-range radar equipment is time-limited and Member States have to set up a monitoring system aiming to quantify the number of vehicles equipped with 24 GHz short-range radar equipment registered in their territory.

               (4)

               Directive 72/245/EEC, as amended by Commission Directive 2005/49/EC (5), provided Member States with the appropriate means to carry out this monitoring. Directive 70/156/EEC was amended accordingly by that Directive.

               (5)

               Since then it has become obvious that the way to provide these data can be simplified for 24 GHz short-range radar equipment and that it is unnecessary for monitoring purposes to require information about the use of 79 GHz short-radar equipment in the Certificate of Conformity (CoC) in addition to the information about the 24 GHz short range radar equipment, since the 79 GHz band does not interfere with other applications and its use is not restricted. It is therefore appropriate to modify requirements related to the use of 24 GHz short-range radar equipment and delete requirements related to the use of 79 GHz short-range radar equipment in Directive 72/245/EEC. This Directive does not affect the validity of existing approvals for vehicles not fitted with 24 GHz short range radars.

               (6)

               Only Technical Services issue attestations according to the model given in Annex III C of Directive 72/245/EEC. No further authority or administration is involved in this process. Therefore, the additional stamping of the attestation presently required is dispensable and shall be removed.

               (7)

               Directive 72/245/EEC should therefore be amended accordingly.

               (8)

               The amendments to Directive 72/245/EEC have an impact on Directive 70/156/EEC. It is therefore necessary to amend Directive 70/156/EEC accordingly.

               (9)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Amendment to Directive 72/245/EEC
   Directive 72/245/EEC is amended as follows:

               1.

               In Annex I, point 2.1.14 is deleted.

               2.

               Annex II A is amended as follows:

                           (a)

                           Point 12.7.1 is replaced by the following:

                                       ‘12.7.1.

                                       vehicle equipped with 24 GHz short-range radar equipment: Yes/No/Optional (strike out which is not applicable)’;

                           (b)

                           Point 12.7.2 is deleted.

               3.

               The appendix to Annex III A is amended as follows:

                           (a)

                           Point 1.3.1 is replaced by the following:

                                       ‘1.3.1.

                                       vehicle equipped with 24 GHz short-range radar equipment: Yes/No/Optional (strike out which is not applicable)’;

                           (b)

                           Point 1.3.2 is deleted.

               4.

               In Annex III C, the words ‘Stamp of administration’ including the surrounding box are deleted.

         Article 2
   Amendment to Directive 70/156/EEC
   Directive 70/156/EEC is amended as follows:

               1.

               Annex I is amended as follows:

                           (a)

                           Point 12.7.1 is replaced by the following:

                                       ‘12.7.1.

                                       vehicle equipped with 24 GHz short-range radar equipment: Yes/No/Optional (strike out which is not applicable)’;

                           (b)

                           Point 12.7.2 is deleted.

               2.

               Annex III, Part I, Section A is amended as follows:

                           (a)

                           Point 12.7.1 is replaced by the following:

                                       ‘12.7.1.

                                       vehicle equipped with 24 GHz short-range radar equipment: Yes/No/Optional (strike out which is not applicable)’;

                           (b)

                           Point 12.7.2 is deleted.

               3.

               Annex IX, on side two of all models of the Certificate of Conformity (COC), is amended as follows:

                           (a)

                           Point 50 is replaced by the following and a footnote is added as follows:

                                       ‘50.

                                       Remarks (6):

                           (b)

                           Points 50.1, 50.2 and 50.3 are deleted.

         Article 3
   Transposition
   1.   Member States shall adopt and publish, by 30 June 2006 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 1 July 2006.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field governed by this Directive.
   Article 4
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 5
   Addressees
   This Directive is addressed to the Member States.

      Done at Brussels, 6 March 2006.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2005/64/EC of the European Parliament and of the Council (OJ L 310, 25.11.2005, p. 10).

      (2)  OJ L 152, 6.7.1972, p. 15. Directive as last amended by Commission Directive 2005/83/EC (OJ L 305, 24.11.2005, p. 32).

      (3)  OJ L 241, 13.7.2004, p. 66.

      (4)  OJ L 21, 25.1.2005, p. 15.

      (5)  OJ L 194, 26.7.2005, p. 12.

      (6)  If the vehicle is equipped with 24 GHz short-range radar equipment according to Decision 2005/50/EC, the manufacturer must indicate here: “Vehicle equipped with 24 GHz short-range radar equipment”.’


Avis juridique important

|

31986L0188

Council Directive 86/188/EEC of 12 May 1986 on the protection of workers from the risks related to exposure to noise at work

Official Journal L 137 , 24/05/1986 P. 0028 - 0034 Finnish special edition: Chapter 5 Volume 4 P. 0076  Swedish special edition: Chapter 5 Volume 4 P. 0076

*****COUNCIL  DIRECTIVE  of 12 May 1986  on the protection of workers from the risks related to exposure to noise at work  (86/188/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, drawn up after consulting the Advisory Committee on Safety, Hygiene and Health Protection at Work (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 resolutions of 29 June 1978 and 27 February 1984 on action programmes of the European Communities on safety and health at work (4) provide for the implementation of specific harmonized procedures for the protection of workers exposed to noise; whereas the measures adopted in this field vary from State to State and it is recognized that they urgently need to be approximated and improved;  Whereas exposure to high noise levels is encountered in a large number of situations and therefore many workers are exposed to a potential safety and health hazard;  Whereas a reduction of exposure to noise reduces the risk of hearing impairment caused by noise;  Whereas, where the noise level at the workplace involves a risk for the health and safety of workers, limiting exposure to noise reduces that risk without prejudice to the applicable provisions on the limitation of noise emission;  Whereas the most effective way of reducing noise levels at work is to incorporate noise prevention measures into the design of installations and to choose materials, procedures and working methods which produce less noise; whereas the priority aim must be to achieve the said reduction at source;  Whereas the provision and use of personal ear protectors is a necessary complementary measure to the reduction of noise at source, where exposure cannot reasonably be avoided by other means;  Whereas noise is an agent to which Council Directive 80/1107/EEC of 27 November 1980 on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (5) applies; whereas Articles 3 and 4 of the said Directive provide for the possibility of laying down limit values and other special measures in respect of the agents being considered;  Whereas certain technical aspects must be defined and may be reviewed in the light of experience and progress made in the technical and scientific field;  Whereas the current situation in the Member States does not make it possible to fix a noise-exposure value below which there is no longer any risk to workers' hearing;  Whereas current scientific knowledge about the effects that exposure to noise may have on health, other than on hearing, does not enable precise safety levels to be set; whereas, however, reduction of noise will lower the risk of illnesses unrelated to auditory complaints; whereas this Directive contains provisions which will be reviewed in the light of experience and developments in scientific and technical knowledge in this field,  HAS ADOPTED THIS DIRECTIVE:  Article 1  1. This Directive, which is the third individual Directive within the meaning of Directive 80/1107/EEC, has as its aim the protection of workers against risks to their hearing and, in so far as this Directive expressly so provides, to their health and safety, including the prevention of such risks arising or likely to arise from exposure to noise at work.  2. This Directive shall apply to all workers, including those exposed to radiation covered by the scope of the EAEC Treaty, with the exception of workers engaged in sea transport and in air transport.  For the purpose of this Directive, the expression 'workers engaged in sea transport and in air transport' shall refer to personnel on board.  On a proposal from the Commission the Council shall examine, before 1 January 1990, the possibility of applying this Directive to workers engaged in sea transport and in air transport.  3. This Directive shall not prejudice the right of Member States to apply or introduce, subject to compliance with the Treaty, laws, regulations or administrative provisions ensuring, where possible, greater protection for workers and/or intended to reduce the level of noise experienced at work by taking action at source, particularly in order to achieve exposure values which prevent unnecessary nuisance.  Article 2  For the purposes of this Directive, the following terms shall have the meaning hereby assigned to them:  1. Daily personal noise exposure of a worker L EP, d  The daily personal noise exposure of a worker is expressed in dB (A) using the formula:  1.2.3 // L EP, d = LAeq, Te + 10 log10   // Te To   // where:  1.2.3.4.5.6.7.8.9.10.11.12 // LAeq, Te = 10 log10   // {  // 1 Te  // l   // Te o   // [   // pA (t ) po  // ]   // 2  // dt   // }   //  1.2 // Te =   // daily duration of a worker's personal exposure to noise,   // To =   // 8 h = 28 800 s,   // po =   // 20 mPa,   // pA =   // 'A'-weighted instantaneous sound pressure in pascals to which is exposed, in air at atmospheric pressure, a person who might or might not move from one place to another while at work; it is determined from measurements made at the position occupied by the person's ears during work, preferably in the person's absence, using a technique which minimizes the effect on the sound field.   //  // If the microphone has to be located very close to the person's body, appropriate adjustments should be made to determine an equivalent undisturbed field pressure.  The daily personal noise exposure does not take account of the effect of any personal ear protector used.  2. Weekly average of the daily values L EP, w  The weekly average of the daily values is found using the following formula:  1.2.3.4.5.6.7 // L EP, w = 10 log10   // [   // 1 5   // m S  k=1  // 100,1 ( L EP, d ) k   // ]    //  where (L EP, d ) k are the values of L EP, d for each of the m working days in the week being considered.  Article 3  1. Noise experienced at work shall be assessed and, when necessary, measured in order to identify the workers and workplaces referred to in this Directive and to determine the conditions under which the specific provisions of this Directive shall apply.  2. The assessment and measurement mentioned in paragraph 1 shall be competently planned and carried out at suitable intervals under the responsibility of the employers.  Any sampling must be representative of the daily personal exposure of a worker to noise.  The methods and apparatus used must be adapted to the prevailing conditions in the light, particularly, of the characteristics of the noise to be measured, the length of exposure, ambient factors and the characteristics of the measuring apparatus.  These methods and this apparatus shall make it possible to determine the parameters defined in Article 2 and to decide whether, in a given case, the values fixed in this Directive have been exceeded. 3. Member States may lay down that personal exposure to noise shall be replaced by noise recorded at the workplace. In that event the criterion of personal exposure to noise shall be replaced, for the purposes of Articles 4 to 10, by that of noise exposure during the daily work period, such period being at least eight hours, at the places where the workers are situated.  Member States may also lay down that, when the noise is measured, special consideration shall be given to impulse noise.  4. The workers and/or their representatives in the undertaking or establishment shall be associated, according to national law and practice, with the assessment and measurement provided for in paragraph 1. These shall be revised where there is reason to believe that they are incorrect or that a material change has taken place in the work.  5. The recording and preservation of the data obtained pursuant to this Article shall be carried out in a suitable form, in accordance with national law and practice.  The doctor and/or the authority responsible and the workers and/or their representatives in the undertaking shall have access to these data, in accordance with national law and practice.  Article 4  1. Where the daily personal exposure of a worker to noise is likely to exceed 85 dB (A) or the maximum value of the unweighted instantaneous sound pressure is likely to be greater than 200 Pa (1), appropriate measures shall be taken to ensure that:  (a) workers and/or their representatives in the undertaking or establishment receive adequate information and, when relevant, training concerning:  - potential risks to their hearing arising from noise exposure,  - the measures taken in pursuance of this Directive,  - the obligation to comply with protective and preventive measures, in accordance with national legislation,  - the wearing of personal ear protectors and the role of checks on hearing in accordance with Article 7;  (b) workers and/or their representatives in the undertaking or establishment have access to the results of noise assessments and measurements made pursuant to Article 3 and can be given explanations of the significance of those results.  2. At workplaces where the daily personal noise exposure of a worker is likely to exceed 85 dB (A), appropriate information must be provided to workers as to where and when Article 6 applies.  At workplaces where the daily personal noise exposure of a worker is likely to exceed 90 dB (A) or where the maximum value of the unweighted instantaneous sound pressure is likely to exceed 200 Pa, the information provided for in the first subparagraph must, where reasonably practicable, take the form of appropriate signs. The areas in question must also be delimited and access to them must be restricted, where the risk of exposure so justifies and where these measures are reasonably practicable.  Article 5  1. The risks resulting from exposure to noise must be reduced to the lowest level reasonably practicable, taking account of technical progress and the availability of measures to control the noise, in particular at source.  2. Where the daily personal noise exposure of a worker exceeds 90 dB (A), or the maximum value of the unweighted instantaneous sound pressure is greater than 200 Pa:  (a) the reasons for the excess level shall be identified and the employer shall draw up and apply a programme of measures of a technical nature and/or of organization of work with a view to reducing as far as reasonably practicable the exposure of workers to noise;  (b) workers and their representatives in the undertaking or establishment shall receive adequate information on the excess level and on the measures taken pursuant to subparagraph (a).  Article 6  1. Without prejudice to Article 5, where the daily personal noise exposure of a worker exceeds 90 dB (A) or the maximum value of the unweighted instantaneous sound pressure is greater than 200 Pa, personal ear protectors must be used.  2. Where the exposure referred to in paragraph 1 is likely to exceed 85 dB (A), personal ear protectors must be made available to workers.  3. Personal ear protectors must be supplied in sufficient numbers by the employer, the models being chosen in association, according to national law and practice, with the workers concerned.  The ear protectors must be adapted to the individual worker and to his working conditions, taking account of his safety and health. They are deemed, for the purposes of this Directive, suitable and adequate if, when properly worn, the risk to hearing can reasonably be expected to be kept below the risk arising from the exposure referred to in paragraph 1.  4. Where application of this Article involves a risk of accident, such risk must be reduced as far as is reasonably practicable by means of appropriate measures.  Article 7  1. Where it is not reasonably practicable to reduce the daily personal noise exposure of a worker to below 85 dB (A), the worker exposed shall be able to have his hearing checked by a doctor or on the responsibility of the doctor and, if judged necessary by the doctor, by a specialist.  The in which this check is carried out shall be established by the Member States in accordance with national law and practice.  2. The purpose of the check shall be the diagnosis of any hearing impairment by noise and the preservation of hearing.  3. The results of checks on workers' hearing shall be kept in accordance with national law and practice.  Workers shall have access to the results which apply to them in so far as national law and practice allow.  4. Member States shall take the necessary measures with a view to the doctor and/or the authority responsible giving, as part of the check, appropriate indications on any individual protective or preventive measures to be taken.  Article 8  1. Member States shall take appropriate measures to ensure that:  (a) the design, building and/or construction of new plant (new factories, plant or machinery, substantial extensions or modifications to existing factories or plant and replacement of plant or machinery) comply with Article 5 (1);  (b) where a new article (tool, machine, apparatus, etc.) which is intended for use at work is likely to cause, for a worker who uses it properly for a conventional eight-hour period, a daily personal noise exposure equal to or greater than 85 dB (A) or an unweighted instantaneous sound pressure the maximum value of which is equal to or greater than 200 Pa, adequate information is made available about the noise produced in conditions of use to be specified.  2. The Council shall establish, on a proposal from the Commission, requirements according to which, so far as is reasonably practicable, the articles referred to in paragraph 1 (b), when properly used, do not produce noise likely to constitute a risk to hearing.  Article 9  1. In the case of workplaces where the noise exposure of a worker varies markedly from one working day to the next, Member States may, for workers performing special operations, exceptionally grant derogations from Article 5 (2), Article 6 (1) and Article 7 (1), but only on condition that the average weekly noise exposure of a worker, as shown by adequate monitoring, complies with the value laid down in these provisions.  2. (a) In exceptional situations where it is not reasonably practicable, by technical measures or organization of work, to reduce daily personal noise exposure to below 90 dB (A) or to ensure that the personal ear protectors provided for in Article 6 of this Directive are suitable and adequate within the meaning of the second subparagraph of Article 6 (3), the Member States may grant derogations from this provision for limited periods, such derogations being renewable.  In such a case, however, personal ear protectors affording the highest degree of protection which is reasonably practicable must be used.  (b) In addition, for workers performing special operations, Member States may exceptionally grant derogations from Article 6 (1) if its application involves an increase in the overall risk to the health and/or safety of the workers concerned and if it is not reasonably practicable to reduce this risk by any other means.  (c) The derogations referred to in (a) and (b) shall be subject to conditions which, in view of the individual circumstances, ensure that the risks resulting from such derogations are reduced to a minimum. The derogations shall be reviewed periodically and be revoked as soon as is reasonably practicable.  (d) Member States shall forward to the Commission every two years an adequate overall account of the derogations referred to in (a) and (b). The Commission shall inform the Member States thereof in an appropriate manner.  Article 10  The Council, acting on a proposal from the Commission, shall re-examine this Directive before 1 January 1994, taking into account in particular progress made in scientific knowledge and technology as well as experience gained in the application of this Directive, with a view to reducing the risks arising from exposure to noise.  In the context of this re-examination, the Council, acting on a proposal from the Commission, shall endeavour to lay down indications for measuring noise which are more precise than those given in Annex I.  Article 11  Member States shall see to it that workers' and employers' organizations are consulted before the provisions for the implementation of the measures referred to in this Directive are adopted, and that where workers' representatives exist in the undertaking or establishments they can check that such provisions are applied or can be involved in their application. Article 12  1. For the measurement of noise and checking workers' hearing, any methods may be used which at least satisfy the provisions contained in Articles 3 and 7.  2. Indications for measuring noise and for checking workers' hearing are given in Annexes I and II.  Annexes I and II shall be adapted to technical progress in accordance with Directive 80/1107/EEC and under the procedure set out in Article 10 thereof.  Article 13  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1990. They shall forthwith inform the Commission thereof.  However, in the case of the Hellenic Republic and the Portuguese Republic the relevant date shall be 1 January 1991.  2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.  Article 14  This Directive is addressed to the Member States.  Done at Brussels, 12 May 1986.  For the Council  The President  W. F. van EEKELEN  (1) OJ No C 289, 5. 11. 1982, p. 1; OJ No C 214, 14. 8. 1984, p. 11.  (2) OJ No C 46, 20. 2. 1984, p. 130; OJ No C 117, 30. 4. 1984, p. 5.  (3) OJ No C 23, 30. 1. 1984, p. 36.  (4) OJ No C 165, 11. 7. 1978, p. 1; OJ No C 67, 8. 3. 1984, p. 2.  (5) OJ No L 327, 3. 12. 1980, p. 8.  (1) 140 dB in relation to 20 mPa.  If the maximum value of the 'A'-weighted sound pressure level, measured with a sound-level meter using the time characteristic I (according to IEC 651) does not exceed 130 dB (AI), the maximum value of the unweighted instantaneous sound pressure can be assumed not to exceed 200 Pa.  ANNEX I  INDICATIONS FOR MEASURING NOISE  A. 1. General  The quantities defined in Article 2 can be either:  (i) measured directly by integrating sonometers, or  (ii) calculated from measurements of sound pressure and exposure duration.  Measurements may be made at the work place(s) occupied by workers, or by using instruments attached to the person.  The location and duration of the measurements must be sufficient to ensure that exposure to noise during the working day can be recorded.  2. Instrumentation  2.1. If integrating averaging sonometers are used, they shall comply with IEC standard 804.  If sonometers are used, they shall comply with IEC standard 651. Instruments incorporating an overload indication are preferred.  If data are stored on tape as an intermediate step of the measurement procedure, potential errors caused by the process of sorting and replay shall be taken into account when analyzing the data.  2.2. An instrument used to measure directly the maximum (peak) value of the unweighted instantaneous sound pressure shall have an onset time constant not exceeding 100 ms.  2.3. All equipment shall be calibrated in a laboratory at suitable intervals.  3. Measurement  3.1. An on-site check shall be made at the beginning and end of each day of measurement.  3.2. Measurement of workplace sound pressure should preferably be made in the undisturbed sound field in the workplace (i. e. with the person concerned being absent) and with the microphone located at the position (s) normally occupied by the ear exposed to the highest value of exposure.  If it is necessary for the person to be present, either:  (i) the microphone should be located at a distance from the person's head which will reduce, as far as possible, the effects of diffraction and distance on the measured value (a suitable distance is 0,10 m), or  (ii) if the microphone must be located very close to the person's body, appropriate adjustments should be made to determine an equivalent undisturbed pressure field.  3.3. Generally, time weightings 'S' and 'F' are valid as long as the measurement time interval is long compared with the time constant of the weighting chosen, but they are not suitable for determining LAeq, Te when the noise level fluctuates very rapidly.  3.4. Indirect measurement of exposure  The result of the direct measurement of LAeq, Te can be approximated with a knowledge of the exposure time and the measurement of clearly distinguishable sound-pressure-level ranges; a sampling method and a statistical distribution may be useful.  4. Accuracy of measuring noise and determining the exposure  The type of the instrument and the standard deviation of the results influence the accuracy of measurement. For comparison with a noise limit, the measuring accuracy determines the range of readings where no decision can be made as to whether the value is exceeded; if no decision can be taken, the measurement must be repeated with a higher accuracy.  Measurements of the highest accuracy enable a decision to be taken in all cases. B. Short-term measurements with ordinary sonometers are quite satisfactory for workers performing, at a fixed location, repetitive activities which generate roughly the same levels of broad-band noise throughout the day. But when the sound pressure to which a worker is exposed shows fluctuations spread over a wide range of levels and/or of irregular time characteristics, determining the daily personal noise exposure of a worker becomes increasingly complex; the most accurate method of measurement is therefore to monitor exposure throughout the entire shift, using an integrating averaging sonometer.  When an integrating averaging sonometer conforming to IEC standard 804 (which is well suited for measurement of the equivalent continuous sound pressure level of impulse noise) complies at least with the specifications of type 1 and has recently been fully calibrated in a laboratory, and the microphone is properly located (see 3.2 above), the results make it possible, with certain exceptions to determine whether a given exposure has been exceeded (see 4) even in complex situations; that method is thus generally applicable, and is well suited for reference purposes.  ANNEX II  INDICATIONS FOR CHECKING WORKERS' HEARING  In the framework of checking workers' hearing the following points are taken into consideration:  1. The check should be carried out in accordance with occupational medical practice and should comprise:  - where appropriate, an initial examination, to be carried out before or at the beginning of exposure to noise,  - regular examinations at intervals which are commensurate with the seriousness of the risk and are determined by the doctor.  2. Each examination should consist of at least an otoscopy combined with an audiometric test including pure-tone airconduction threshold audiometry in accordance with 6 below.  3. The initial examination should include a medical history; the initial otoscopy and the audiometric test should be repeated within a period of 12 months.  4. The regular examination should be carried out at least every five years where the worker's daily personal noise exposure remains less than 90 dB (A).  5. The examinations should be carried out by suitably qualified persons in accordance with national law and practice and may be organized in successive stages (screening, specialist examination).  6. The audiometric test should comply with the specifications of ISO standard 6189-1983, supplemented as follows:  Audiometry also covers the frequency of 8 000 Hz; the ambient sound level enables a hearing-threshold level equal to 0 dB in relation to ISO standard 389-1975 to be measured.  However, other methods may be used if they give comparable results.


Avis juridique important

|

31976L0762

Council Directive 76/762/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to front fog lamps for motor vehicles and filament lamps for such lamps

Official Journal L 262 , 27/09/1976 P. 0122 - 0134 Finnish special edition: Chapter 13 Volume 5 P. 0151  Greek special edition: Chapter 13 Volume 4 P. 0097  Swedish special edition: Chapter 13 Volume 5 P. 0151  Spanish special edition: Chapter 13 Volume 5 P. 0161  Portuguese special edition Chapter 13 Volume 5 P. 0161

COUNCIL DIRECTIVE  of 27 July 1976  on the approximation of the laws of the Member States relating to front fog lamps for motor vehicles and filament lamps for such lamps  (76/762/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to their front fog lamps;  Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order, in particular, to allow the EEC type-approval procedure which was the subject of 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 (3), to be introduced in respect of each type of vehicle;  Whereas in Directive 76/756/EEC (4), the Council laid down the common requirements for the installation of lighting and light-signalling devices on motor vehicles and their trailers;  Whereas a harmonized type-approval procedure for front fog lamps makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of front fog lamp ; whereas the placing of an EEC component type-approval mark on all front fog lamps manufactured in conformity with the approved type obviates any need for technical checks on these front fog lamps in the other Member States:  Whereas it is desirable to take into account the technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 19 ("Uniform provisions concerning the approval of motor vehicle fog lights") (5), which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions for approval and reciprocal recognition of approval for motor vehicle equipment and parts;  Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. Each Member State shall grant EEC component type-approval for any type of front fog lamp which satisfies the construction and testing requirements laid down in Annexes 0, II, III, IV and V.  2. The Member State which granted EEC component type-approval shall take the measures required in order to verify that production models conform to the approved type, in so far as this is necessary and if need be in cooperation with the competent authorities in the other Member States. Such verification shall be limited to spot checks.  (1)OJ No C 55, 13.5.1974, p. 14. (2)OJ No C 109, 19.9.1974, p. 24. (3)OJ No L 42, 23.2.1970, p. 1. (4)See page 1 of this Official Journal. (5)>PIC FILE= "T0009506">     Article 2 Member States shall, for each type of front fog lamp which they approve pursuant to Article 1, issue to the manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex II.  Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between front fog lamps which have been type-approved pursuant to Article 1, and other devices.   Article 3 1. No Member State may prohibit the placing on the market of front fog lamps on grounds relating to their construction or method of functioning if they bear the EEC component type-approval mark.  2. Nevertheless, a Member State may prohibit the placing on the market of front fog lamps bearing the EEC component type-approval mark which consistently fail to conform to the approved type.  That State shall inform the other Member States and the Commission forthwith of the measures taken, specifying the reasons for its decision.   Article 4 The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of the component type-approval certificates, an example of which is given in Annex I, completed for each type of front fog lamp which they approve or refuse to approve.   Article 5 1. If the Member State which has granted EEC component type-approval finds that a number of front fog lamps bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken which may, where there is consistent failure to conform, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.  2. The competent authorities of Member States shall inform each other within one month of any withdrawal of EEC component type-approval, and of the reasons for such a measure.   Article 6 Any decision taken pursuant to the provisions adopted in implementation of this Directive, to refuse or withdraw EEC component type-approval for front fog lamps or prohibit their placing on the market or use shall set out in detail the reasons on which it is based. Such decisions shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.   Article 7 No Member State may refuse to grant EEC type-approval or national type-approval of any vehicle on grounds relating to its front fog lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.   Article 8 No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to its front fog lamps if these bear the EEC component type-approval mark and are fitted in accordance with the requirements laid down in Directive 76/756/EEC.   Article 9 For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails, agricultural tractors and machinery and public works vehicles.   Article 10 Any amendments necessary to adjust the requirements of the Annexes to take account of technical progress  shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEEC.   Article 11 1. Member States shall adopt and publish the provisions necessary in order to comply with this Directive before 1 July 1977 and shall forthwith inform the Commission thereof. They shall apply these provisions from 1 October 1977 at the latest.  2. Once this Directive has been notified, the Member States shall also ensure that the Commission is informed, in sufficient time for it to submit its comments, of any draft laws, regulations or administrative provisions which they propose to adopt in the field covered by this Directive.   Article 12 This Directive is addressed to the Member States.     Done at Brussels, 27 July 1976.  For the Council  The President  M. van der STOEL             List of Annexes  >PIC FILE= "T9000993">    ANNEX 0 DEFINITIONS, GENERAL SPECIFICATIONS, ILLUMINATION, CONFORMITY OF PRODUCTION    1. DEFINITIONS    1.1. Front fog lamp  "Front fog lamp" means the lamp used to improve the illumination of the road in case of fog, snowfall, rainstorms or dust clouds.       1.2. Type of front fog lamp "Type of front fog lamp" means front fog lamps which do not differ in such essential respects as:    1.2.1. the trade name or mark;       1.2.2. the characteristics of the optical system;       1.2.3. the inclusion of components capable of altering the optical effects by reflection, refraction or absorption ; and       1.2.4. the type of filament lamp.                 (2.)        (3.)        (4.)        5. GENERAL SPECIFICATIONS    5.1. Each sample submitted in accordance with 1.2.3 of Annex II shall conform to the specifications set forth in sections 6 and 7.       5.2. The front fog lamps shall be so designed and constructed that under normal conditions of use, notwithstanding any vibration to which they may be subjected during such use, their satisfactory operation remains assured and they retain the characteristics prescribed by this Directive. The correct position of the lens shall be clearly marked and the lens and reflector shall be so secured as to prevent any rotation during use.         5.3. Conformity with the requirements of this section shall be verified by visual inspection and, where necessary, by a trial fitting.              6. ILLUMINATION    6.1. Front fog lamps shall be so designed as to provide illumination with limited dazzle.       6.2. The illumination produced by the front fog lamp shall be determined by means of a vertical screen set up 25 m forward of the lens and at right angles to the axis of the front fog lamp. The point HV is the base of the perpendicular from the centre of the lamp to the screen. The line hh is the horizontal through HV (see Annex V).       6.3. In the case of a type of construction other than a sealed-beam type, a colourless standard filament lamp shall be used of the type specified by the manufacturer in accordance with the requirements of Annex IV, designed for a nominal voltage of 12 V and supplied by the manufacturer ; it shall be supplied with electric current at a voltage such that it produces the flux prescribed for the tests corresponding to its type. In the case of a sealed-beam type of construction, current shall be supplied at the test voltage (6 70 V, 12 70 V or 24 70 V as appropriate).       6.4. The beam shall produce on the screen, over a width of not less that 225 cm on both sides of the line vv, a horizontal cut-off which is sufficiently sharp to enable adjustment to be performed with its aid.       6.5. The front fog lamp shall be so directed that the cut-off on the screen is 50 cm below the line hh.       6.6. When so adjusted, the front fog lamp shall meet the requirements set out in 6.7.       6.7. The illumination produced on the screen (see Annex V) shall meet the following requirements: >PIC FILE= "T0009507">     The illumination shall be measured either in white light or in coloured light as prescribed by the manufacturer for use of the front fog lamp in normal service. No variations in illumination detrimental to satisfactory visibility shall exist in either of the Zones B and C.       6.8. The screen illumination referred to in 6.7 shall be measured by means of a photo-electric cell, the photo-sensitive area of which shall be contained within a square of side 65 mm.              7. COLOUR OF LIGHT EMITTED  EEC component type-approval may be obtained for a type of front fog lamp emitting either white or yellow (*) light. The colouring, if any, of the beam may be obtained either through the filament lamp glass envelope or through the lens of the front fog lamp or by any other suitable means.       (8.)        (9.)        10. CONFORMITY OF PRODUCTION  Every front fog lamp bearing an EEC component type-approval mark shall conform to the type approved and satisfy the photometric requirements set out in section 6.       (11.)        (12.)   (*)>PIC FILE= "T0009508">       ANNEX I MODEL EEC COMPONENT TYPE-APPROVAL CERTIFICATE  (Maximum format : A4 (210 × 297 mm))  >PIC FILE= "T0009509">     ANNEX II EEC COMPONENT TYPE-APPROVAL AND MARKING REQUIREMENTS    1. APPLICATION FOR EEC COMPONENT TYPE-APPROVAL      1.1. The application for EEC component type-approval shall be submitted by the holder of the trade name or mark or by his authorized representative.           1.2. For each type of front fog lamp, the application shall be accompanied by:        1.2.1. a brief technical specification. If the lamp is not of the sealed-beam type, the type of filament lamp shall be specified. This type must be one of those whose characteristics are specified in Annex III;               1.2.2. drawings (three copies) in sufficient detail to permit identification of the type of lamp, showing a front view of the lamp, with if necessary details of the pattern of the lens moulding and in cross section. The drawings shall show the intended position of the EEC component type-approval number and the additional symbol in relation to the rectangle containing the EEC component type-approval mark;               1.2.3. two samples of the type of front fog lamp.                                 2. MARKINGS      2.1. The samples of the type of front fog lamp submitted for EEC component type-approval must bear the applicant's trade name or mark, which must be dearly legible and indelible.           2.2. Each lamp shall include on both the lens and the lamp housing a space of sufficient size for the EEC component type-approval mark. This shall be indicated on the drawings referred to in 1.2.2.                  3. EEC COMPONENT TYPE-APPROVAL      3.1. If all the samples submitted in accordance with section 1 meet the requirements of sections 5, 6 and 7 of Annex 0, EEC component type-approval shall be granted and a component type-approval number issued.           3.2. This number shall not be assigned to any other type of front fog lamp except where EEC component type-approval is extended to another type of lamp differing only as to the colour.           3.3. Where EEC component type-approval is requested for a type of lighting and light-signalling device comprising a front fog lamp and other lamps, a single EEC component type-approval mark may be issued provided that the front fog lamp complies with the requirements of this Directive and each of the other lamps forming part of the type of lighting and light-signalling device for which EEC type-approval is requested, complies with the specific Directive applying to it.                  4. MARKS    4.1. Every front fog lamp conforming to a type approved under this Directive shall bear an EEC component type-approval mark.       4.2. This mark shall consist of a rectangle surrounding the lower case letter "e", followed by the distinguishing letter(s) or number of the Member State which has granted the type-approval:  1 for Germany,  2 for France,  3 for Italy,  4 for the Netherlands,  6 for Belgium,  11 for the United Kingdom,  13 for Luxembourg,  DK for Denmark,  IRL for Ireland.  It must also include the EEC component type-approval number which corresponds to the number of the EEC component type-approval certificate issued for the type of front fog lamp in question.       4.3. The EEC component type-approval mark shall be supplemented by an additional symbol "B".       4.4. The EEC component type-approval number must be placed in any convenient position near the rectangle surrounding the letter "e".       4.5. The EEC component type-approval mark and the additional symbol must be affixed to the lens of the lamp, or one of the lenses, in such a way as to be indelible and clearly legible even when the front fog lamps are fitted on the vehicle.       4.6. An example of the EEC component type-approval mark and the additional symbol is shown in the Appendix.       4.7. Where a single EEC type-approval number is issued, as under 3.3, for a type of lighting and light-signalling device comprising a front fog lamp and other lamps, one EEC component type-approval mark only may be affixed, consisting of:      - a rectangle surrounding the letter "e", followed by the distinguishing letter(s) or number of the Member State which has granted the type-approval,           - an EEC component type-approval number,           - the additional symbols required by the various Directives under which EEC component type-approval was granted.                  4.8. The dimensions of the various components of this mark must not be less than the largest of the minimum dimensions specified for individual markings by the various Directives under which the EEC component type-approval was granted.           Appendix  EXAMPLE OF AN EEC COMPONENT TYPE-APPROVAL MARK  >PIC FILE= "T0009510">   The device bearing the EEC component type-approval mark shown above is a front fog lamp EEC type-approved in the United Kingdom (e 11) under the number 1471.        >PIC FILE= "T0009511">     ANNEX IV STANDARD (REFERENCE FILAMENT LAMPS FOR FRONT FOG LAMPS >PIC FILE= "T0009512">     >PIC FILE= "T0009513">


Avis juridique important

|

31992L0102

Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals

Official Journal L 355 , 05/12/1992 P. 0032 - 0036 Finnish special edition: Chapter 3 Volume 46 P. 0090  Swedish special edition: Chapter 3 Volume 46 P. 0090

COUNCIL DIRECTIVE 92/102/EEC  of 27 November 1992  on the identification and registration of animalsTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas Article 3 (1) (c) of Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnicial checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (3),  states that animals for intra-Community trade must be identified in accordance with the requirements of Community rules and be registered in such a way that the original or transit holding, centre or organization can be traced, and that before 1 January  1993 these identification and registration systems are to be extended to the movements of animals with the territory of each Member State;  Whereas Article 14 of Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and  90/675/EEC (4), states that the identification and registration as provided for in Article 3 (1) (c) of Directive 90/425/EEC of such animals must, except in the case of animals for slaughter and registered equidae, be carried out after the said checks  have been made;  Whereas the management of certain Community aid schemes in the field of agriculture requires the individual identification of certain types of livestock; whereas the identification and registration system must, therefore, be suitable for the application  and control of such measures;  Whereas it is necessary to ensure the rapid and efficient exchange of information between Member States for the correct application of this Directive; whereas Community provisions have been established by Council Regulation (EEC) No 1468/81 of 19 May  1981 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters (5) and by Council Directive  89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters  (6);  Whereas keepers of animals must maintain up-to-date records of the animals on their holdings; whereas persons involved in the commerce of animals must keep records of their dealings; whereas the competent authority must have access to these records on  request;  Whereas in order to permit movements of animals to be traced rapidly and accurately, animals must be able to be identified; whereas the form and content of the mark, with respect to bovine animals, must be determined on a Community basis; whereas, with  regard to pigs, sheep and goats, a decision should be taken at a later date to determine the nature of the mark and, pending such decision, the national systems of identification should be maintained for movements restricted to the national market;  Whereas provision should be made for the possibility of waiving the requirements for marks in the case of animals moving directly from a farm to a slaughterhouse; whereas, however, these animals must in any case be identified so that their farm of  origin can be traced;  Whereas provision should be made for the possibility of waiving the obligation to register the keepers of animals kept for personal purposes and, in order to take into account certain particular cases, the procedures for keeping registers;  Whereas in the case of animals in which the mark has become illegible or been lost, a new mark enabling a link with the previous mark to be established must be applied;  Whereas this Directive must not affect specific requirements contained in Commission Decision 89/153/EEC of 13 February 1989 concerning the correlation of samples taken for residue examination with animals and their farms of origin (7) or any relevant  applicatory rules established in accordance with Directive 91/496/EEC;  Whereas provision must be made for a management committee procedure for the adoption of any necessary implementing rules for this Directive,  HAS ADOPTED THIS DIRECTIVE:  Article 1  This Directive sets out the minimum requirements for the identification and registration of animals, without prejudice to more detailed Community rules which may be established for disease eradication or control purposes.  It shall apply without prejudice to Decision 89/153/EEC and to implementing rules laid down in accordance with Directive 91/496/EEC, and taking account of Article 5 of Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated  administration and control system for certain Community aid schemes (8).  Article 2  For the purposes of this Directive:  (a) animal shall mean any animal of the species referred to in Directives 64/432/EEC (9) and 91/68/EEC (10);  (b) holding shall mean any establishment, construction or, in the case of an open-air farm, any place in which animals are held, kept or handled;  (c) keeper shall mean any natural or legal person responsible, even on a temporary basis, for animals;  (d) competent authority shall mean the central authority of a Member State competent to carry out veterinary checks or any authority to which it has delegated that competence for the purposes of implementing this Directive;  (e) trade shall mean trade as defined in Article 2 of Directive 90/425/EEC.  Article 3  1. Member States shall ensure that:  (a) the competent authority has an up-to-date list of all the holdings which keep animals covered by this Directive and are situated on its territory, specifying the species of animals kept and their keepers, such holdings to remain on the said list  until three consecutive years have elapsed with no animals on the holding. This list shall also include the mark or marks which permit the identification of the holding in accordance with Article 5 (2) (a) and (c), second subparagraph, and paragraph  (3), first subparagraph, and also Article 8;  (b) the Commission, the competent authority and any authority responsible for supervising application of Regulation (EEC) No 3508/92 can have access to all information obtained under this Directive.  2. Member States may be authorized under the procedure laid down in Article 18 of Directive 90/425/EEC to exclude from the list in paragraph 1 (a) natural persons who keep no more than three animals of the ovine or caprine species for which they do not  seek premiums or, to take account of particular circumstances, one pig and which are intended for their own use or consumption, provided that any such animals are the subject of the controls laid down in this Directive before any movement.  Article 4  1. Member States shall ensure that:  (a) any keeper of bovine or porcine animals listed in Directive 64/432/EEC and contained in the list provided for in Article 3 (1) (a) keeps a register stating the number of animals present on the holding.  This register shall include an up-to-date record of all births, deaths and movements (numbers of animals concerned by each entering and leaving operation) at least on the basis of aggregate movements, stating as appropriate their origin or destination,  and the date of such movements.  The identification mark applied in conformity with Articles 5 and 8 shall be stated in all cases.  However, for animals of the porcine species, it shall not be obligatory to include births and deaths.  In the case of pure-bred and hybrid pigs, which are entered in a herd book in accordance with Directive 88/661/EEC (11), an alternative registration system based on individual identification allowing the animals to be identified may be recognized by the  procedure laid down in Article 18 of Directive 90/425/EEC if it offers guarantees equivalent to a register;  (b) any keeper of sheep or goats whose holding is listed in accordance with Article 3 (1) (a) shall keep a register including at least the total number of sheep and goats present on the holding each year on a date to be determined by the competent  authority.  The register shall also include:  - an up-to-date statement of the number of live female sheep and goats which are over 12 months of age or which have given birth present on the holding;  - the movements (numbers of animals concerned by each entering or leaving operation) of sheep and goats on at least the basis of aggregate movements stating as appropriate their origin or destination, their mark and the date of such movements.  2. However, in accordance with the procedure laid down in Article 18 of Directive 90/425/EEC, a simplified registration procedure shall be established before 1 January 1993 for buffalo and before 1 October 1994 for sheep and goats in transhumance and  for all the abovementioned animals kept on common pasture or raised in regions which are isolated geographically.  3. Member States shall also ensure that:  (a) any keeper supplies the competent authority, upon request, with all information concerning the origin, identification and, where appropriate, the destination of animals which he has owned, kept, transported, marketed or slaughtered;  (b) any keeper of animals to be moved to or from a market or collection centre provides a document, setting out details of the animals including the identification numbers or marks of any bovine animals, to the operator, on the market or in the  collection centre, who is a keeper of the animals, on a temporary basis.  That operator may use the documents obtained in accordance with the first subparagraph to carry out the obligations laid down in paragraph 1 (a), third subparagraph.  (c) the registers and information are available on the holding and to the competent authority, upon request, for a minimum period to be determined by the competent authority but which may not be less than three years.  Article 5  1. Member States shall ensure that the following general principles are respected:  (a) identification marks must be applied before animals leave the holding of birth;  (b) no mark may be removed or replaced without the permission of the competent authority.  Where a mark has become illegible or has been lost, a new mark shall be applied in accordance with this Article;  (c) the keeper shall record any new mark in the register referred to in Article 4 in order to establish a link with the previous mark applied to the animal;  (d) the eartag provided for in paragraph 2 (a) shall be approved by the competent authority and shall be tamper-proof and easy to read for the animal's lifetime. It shall be incapable of re-use. It shall be such as to remain on the animal without  interfering with its well-being.  2. For bovine animals, Member States shall ensure that:  (a) all animals listed in Article 2 of Directive 64/432/EEC present on the holding are identified with an eartag bearing on alphanumeric code, which shall not exceed 14 characters, which make it possible to identify each animal individually along with  the holding on which it was born or, in the case of bulls intended for cultural and sporting events with the exception of fairs and exhibitions, by an identification system offering equivalent guarantees recognized by the Commission.   The eartags referred to in the first subparagraph must be applied no later than nine months after the date of adoption, in accordance with the procedure laid down in Article 18 of Directive 90/425/EEC of measures providing for the identification of the  Member State and the holding of origin. Animals identified before the end of this nine-month period must be marked either in accordance with the national systems provided for in the third subparagraph or with the eartag provided for in the first  subparagraph.  Under the procedure laid down in Article 18 of Directive 90/425/EEC such period shall be at the request of a Member State, be extended until 1 July 1994.  However, animals which have been identified before the expiry of the nine-month period in accordance with the national systems in force and notified to the Commission shall continue to be subject to control on that basis;  (b) the identification marks are allocated to the holding, distributed and applied to the animals in a manner determined by the competent authority;  (c) the identification marks are applied, at the latest, within thirty days of the birth of the animal.  However, the competent authority may defer the application of this mark until the animal has attained a maximum age of six months, if the animal is, before the age of 30 days, provided by the keeper with a provisional mark recognized by the competent  authority which makes it possible to identify each animal to the holding of birth, and provided that these animals may not leave the holding except for slaughter in a slaughterhouse situated in the territory of the competent authority which has  recognized the provisional mark, without passing through any other holding.  However, the competent authority may permit vealcalves intended for slaughter before the age of six months and which are moved before the age of 30 days in accordance with a national system of movement, recognized in accordance with the procedure laid  down in Article 18 of Directive 90/425/EEC, which provides at least for tracing back to the holding of origin, to be marked at the fattening holding, provided that the calves were transferred there directly from the holding of birth and that the calves  moved under such systems will not be eligible for premiums.  3. Animals other than bovine animals must be marked as soon as possible, and in any case before they leave the holding, with an eartag or tattoo making it possible to determine the holding from which they came and enabling reference to be made to any  accompanying document which must mention such eartag or tattoo and to the list referred to in Article 3 (1) (a).  Member States may, pending the decision provided for in Article 10 of this Decision and by derogation from the second paragraph of Article 3 (1) (c) of Directive 90/425/EEC, apply their national systems for the movement of animals other than bovine  animals for all movements of such animals in their territories. Such systems must enable the holding from which they came and the holding on which they were born to be identified. Member States shall notify the Commission of the systems which they  intend to introduce for this purpose, on 1 July 1993 for pigs and on 1 July 1994 for sheep and goats. In accordance with the procedure laid down in Article 18 of Directive 90/425/EEC, a Member State may be asked to make amendments to its system where it  does not fulfil the requirement referred to in the second sentence.  Animals bearing a temporary mark identifying a consignment must be accompanied throughout their movement by a document which enables the origin, ownership, place of departure and destination to be determined.  However, the competent authority may authorize the movement of sheep and goats without marks between holdings with the same health status in the same ownership and situated in that authority's territory, provided that each such movement occurs under a  national system which enables the animal to be traced back to the holding on which it was born. Member States must notify by 1 July 1994 the Commission of the systems which they intend introducing to this end. Pursuant to the procedure laid down in  Article 18 of Directive 90/425/EEC, a Member State may be requested to amend this system where it fails to meet the aforementioned requirement.  4. Point (e) of Article 3 (2) of Directive 64/432/EEC shall read:  '(e) be identified in accordance with Article 5 of 32.' Council Directive 92/102/EEC on the identification and registration of animals (*).   (*) OJ No L 355, 5. 12. 1992, p. 32.'  Article 6  1. Where the competent authority of the Member State of destination decides not to keep the identification mark allocated to the animal in the holding of origin all charges incurred as a result of replacing the mark shall be borne by that  authority. Where the mark has been so replaced, a link shall be established between the identification allocated by the competent authority of the Member State of dispatch and the new identification allocated by the competent authority of the Member  State of destination; that link shall be recorded in the register provided for in Article 4.  The option in the first subparagraph may not be invoked in the case of animals intended for slaughter which are imported under Article 8 without bearing a new mark in accordance with Article 5.  2. Where the animals have been traded, the competent authority of the Member State of destination may, for the purposes of Article 5 of Directive 90/425/EEC, have recourse to Article 4 of Directive 89/608/EEC in order to obtain the information relating  to the animals, their herd of origin and any movement to which they have been subject.  Article 7  Member States shall ensure that any information relating to movements of animals not accompanied by a certificate or a document required by veterinary or zootechnical legislation remains available to the competent authority, upon request, for  a minimum period to be set by the latter.  Article 8  Any animal imported from a third country which has passed the checks laid down by Directive 91/496/EEC and which remains within Community territory shall, within thirty days of undergoing the aforesaid checks, and, in any event, before their  movement, be identified by a mark complying with Article 5 unless the holding of destination is a slaughterhouse situated on the territory of the competent authority responsible for veterinary checks and the animal is actually slaughtered within that  30-day period.  A link shall be established between the identification established by the third country and the identification allocated to it by the Member State of destination. That link shall be recorded in the register provided for in Article 4.  Article 9  Member States shall adopt necessary administrative and/or penal measures to punish any infringement of Community veterinary legislation, where it is established that the marking or identification or the keeping of registers provided for in  Article 4 has not been carried out in conformity with the requirements of this Directive.  Article 10  Not later than 31 December 1996, acting on the basis of a report from the Commission, accompanied by any proposals, on which it will decide by a qualified majority the Council shall, in the light of experience gained, review the provisions  of this Directive with a view to defining a harmonized Community identification and registration system and shall decide on the possibility of introducing electronic identification arrangements in the light of progress achieved in this field by the  International Organization for Standardization (ISO).  Article 11  1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply wiht this Directive:  - for the requirements regarding bovine animals, so that:  (i) the bovine animals, as from 1 February 1993, are registered in accordance with existing national procedures complying with the requirements laid down in Article 4 and are identified in accordance with the existing rules referred to in Article 5 (2)  (a), second and third subparagraph;  (ii) the Community registration and identification systems laid down by this Directive are set up as from 1 October 1993,  - before 1 January 1994 for the requirements regarding porcine animals,  - before 1 January 1995 for the requirements regarding ovine and caprine animals.  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 a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.  3. The setting of the deadline for transposition into national law at 1 January 1994 and 1 January 1995 shall be without prejudice to the abolition of veterinary checks at frontiers provided for in Directive 90/425/EEC.  Article 12  This Directive is addressed to the Member States. Done at Brussels, 27 November 1992. For the Council  The President  J. PATTEN   (1) OJ No C 137, 27. 5. 1992, p. 7. (2) Opinion delivered on 19 November 1992 (not yet published in the Official Journal). (3) OJ No L 224, 18. 8. 1990, p. 29. (Last amended by Directive 91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56)). (4) OJ No  L 268, 24. 9. 1991, p. 56. (Amended by Regulation (EEC) No 91/628/EEC (OJ No L 340, 11. 12. 1991, p. 17)). (5) OJ No L 144, 2. 6. 1981, p. 1. (Amended by Regulation (EEC) No 945/87 (OJ No L 90, 2. 4. 1987, p. 3)). (6) OJ No L 351, 2. 12. 1989, p. 34.  (7) OJ No L 59, 2. 3. 1989, p. 33. (8) See page 1 of this Official Journal. (9) Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (OJ No 121, 29. 7. 1964, p. 1977). (Last  amended by Directive 91/687/EEC (OJ No L 377, 31. 12. 1991, p. 16)). (10) Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ No L 46, 19. 2. 1991, p. 19). (11)  Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species (OJ No L 382, 31. 12. 1988, p. 36).