Avis juridique important

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31992L0086

Fifteenth Commission Directive 92/86/EEC of 21 October 1992 adapting to technical progress Annexes II, III, IV, V, VI and VII of Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products

Official Journal L 325 , 11/11/1992 P. 0018 - 0022 Finnish special edition: Chapter 13 Volume 23 P. 0199  Swedish special edition: Chapter 13 Volume 23 P. 0199

FIFTEENTH COMMISSION DIRECTIVE  92/86/EECof 21 October 1992 adapting to technical progress Annexes II, III, IV, V, VI and VII of  Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to  cosmetic products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of  the Member States relating to cosmetic products  (1), as last amended by Commission Directive  92/8/EEC  (2), and in particular Article 8 (2) thereof, Whereas, on the basis of the available information, certain provisionally permitted colouring  agents, substances, preservatives and ultraviolet filters may be definitively permitted, whilst  others must be definitively prohibited or be permitted for a further specified period; Whereas, in order to protect public health, it is necessary to prohibit the use of 1,2-epoxybutane,  CI 15585, strontium lactate, strontium nitrate, strontium polycarboxylate, pramocaine,  4-ethoxy-m-phenylenediamine and its salts, 2,4-diaminophenylethanol and its salts, catechol,  pyrogallol, nitrosamines and dialkanolamines; Whereas, on the basis of the latest scientific and technical research, the use of strontium  chloride, strontium acetate, fatty acid dialkanolamides, monoalkanolamines, trialkanolamines and  hydrated magnesium silicate may be permitted subject to certain restrictions and conditions and the  obligatory inclusion of health warnings on the label; Whereas, on the basis of the latest scientific and technical research, 3-iodo-2-propynylbutyl  carbamate and sodium hydroxymethylaminoacetate may be used as preservatives in cosmetic products up  to 30 June 1993 subject to certain restrictions and conditions; Whereas the measures provided for in this Directive are in accordance with the opinion of the  Committee on the Adaptation to Technical Progress of the Directives on the Removal of Technical  Barriers to Trade in the Cosmetic Products Sector, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 76/768/EEC is hereby amended as  follows: 1.  the following numbers are added to Annex II: '400.  1,2-epoxybutane 401.  Colouring agent CI 15585 402.  Strontium lactate 403.  Strontium  nitrate 404.  Strontium polycarboxylate 405.  Pramocaine 406.  4-ethoxy-m-phenylenediamine and  its salts 407,  2,4-diaminophenylethanol and its salts 408.  Catechol 409.  Pyrogallol 410.   Nitrosamines 411.  Secondary dialkanolamines`; 2.  in Annex III, Part 1: (a)  the following reference numbers are added: >TABLE>(b)  reference number 20 is deleted; (c)  'sensitivity test advisable before use` in column f (a) and (b) in reference numbers 8, 9 and  10 is deleted; (d)  refence number 12 is replaced by the following number: >TABLE>3.  in Annex III, Part  2, reference number 2 is deleted; 4.  in Annex IV, Part 1: (a)  the following number is added: >TABLE>(b)  'see Annex IV, Part 2` in the column  'other limitations and requirements` is deleted in numbers CI 73900 and CI 74180; 5.  in Annex IV, Part 2, colouring agents CI 26100, CI 73900, CI 74180, CI 15585 and Solvent Yellow  98 are deleted; 6.  in Annex V, reference number 5 is replaced by the following: '5.  Strontium and its compounds, with the exception of strontium lactate, strontium nitrate and  strontium polycarboxylate listed in Annex II, strontium sulphide, strontium chloride and strontium  acetate, under the conditions laid down in Annex III, Part 1, and of strontium lakes, pigments and  salts of the colouring agents listed with reference (3) in Annex IV, Part 1.`; 7.  in Annex VI, Part 1: (a)  the limitation 'not to be used in cosmetic sunscreen products` in reference number 36 is  replaced by 'not to be used in cosmetic sunscreen products at a concentration exceeding 0,025  %`; (b)  the following substance is added: >TABLE>8.  in, Annex VI, Part 2: (a)  '30. 6. 1992` in reference numbers 2, 21, 26, 27 is replaced by '30. 6. 1993`; (b)  '31. 12. 1992` in reference number 28 is replaced by '30. 6. 1993`; (c)  reference number 20 is deleted; (d)  reference number 15 is replaced by the following: >TABLE>(e)  reference number 16 is  replaced by the following: >TABLE>(f)  the following reference numbers are added: >TABLE  POSITION>9.  in Annex VII, Part 2: (a)  the following reference numbers are deleted: 1, 4 and 16; (b)  '30. 6. 1992` is replaced by '30. 6. 1993` for the following reference numbers: 2, 5, 6, 12,  13, 17, 24, 25, 26, 28, 29, 31 and 32. Article 2 1.  Notwithstanding the dates referred to in  Article 1, Member States shall take all the necessary measures to ensure that as from 1 July 1993  for the substances referred to in Article 1, neither manufacturers nor importers established in the  Community shall place on the market products which do not comply with the requirements of this  Directive. 2.  Member States shall take the necessary measures to ensure that the products referred to in  paragraph 1 containing the substances referred to in Article 1 shall not be sold or otherwise  disposed of to the final consumer as from 1 July 1994 if they do not comply with the requirements  of this Directive. Article 3 1.  Member States shall bring into force the laws, regulations and  administrative provisions needed to comply with this Directive no later than 30 June 1993. They  shall forthwith inform the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this Directive or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference shall be adopted by Member States. 2.  Member States shall communicate to the Commission the provisions of national law which they  adopt in the field covered by this Directive. Article 4 This Directive is addressed to the Member  States. Done at Brussels, 21 October 1992. For the Commission Karel VAN MIERT  Member of the Commission


title: Directive 2009/66/EC of the European Parliament and of the Council of 13 July 2009 on the steering equipment of wheeled agricultural or forestry tractors (Codified version) (Text with EEA relevance)

text:
               1.8.2009

               EN

               Official Journal of the European Union

               L 201/11

      DIRECTIVE 2009/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 13 July 2009
   on the steering equipment of wheeled agricultural or forestry tractors
   (Codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 75/321/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to the steering equipment of wheeled agricultural or forestry tractors (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Directive 75/321/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to type-approval of wheeled agricultural or forestry tractors, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units (5) and lays down technical prescriptions concerning the design and construction of wheeled agricultural or forestry tractors as regards the steering equipment. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

               (3)

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

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   1.   ‘Tractor’ (agricultural or forestry) means any motor vehicle fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.
   2.   This Directive shall apply only to tractors defined in paragraph 1 which are equipped with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h.
   Article 2
   1.   No Member State may refuse to grant EC type-approval, to issue the document provided for in Article 2(u) of Directive 2003/37/EC, or to grant national type-approval in respect of a type of tractor on grounds relating to its steering equipment, if this satisfies the requirements set out in Annex I.
   2.   Member States may no longer issue the document referred to in Article 2(u) of Directive 2003/37/EC for any type of tractor that does not meet the requirements of this Directive.
   Member States may refuse to grant national type-approval in respect of a type of tractor that does not meet the requirements of this Directive.
   Article 3
   No Member State may refuse registration or prohibit the sale, initial entry into service or use of tractors on grounds relating to the steering equipment if this satisfies the requirements set out in Annex I.
   Article 4
   Any amendments necessary to adapt to technical progress the requirements of Annex I shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.
   Article 5
   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 6
   Directive 75/321/EEC, as amended by the Directives listed in Part A of Annex II, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
   Article 7
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2010.
   Article 8
   This Directive is addressed to the Member States.

      Done at Brussels, 13 July 2009.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         E. ERLANDSSON

      (1)  OJ C 161, 13.7.2007, p. 38.

      (2)  Opinion of the European Parliament of 19 June 2007 (OJ C 146 E, 12.6.2008, p. 73) and Council Decision of 22 June 2009.

      (3)  OJ L 147, 9.6.1975, p. 24.

      (4)  See Annex II, Part A.

      (5)  OJ L 171, 9.7.2003, p. 1.

      ANNEX I
      1.   DEFINITIONS
      1.1.   ‘Steering equipment’

      ‘Steering equipment’ means all the equipment the purpose of which is to alter the direction of movement of the tractor.
      The steering equipment may be considered to include:

                  —

                  the steering control,

                  —

                  the steering gear,

                  —

                  the steered wheels,

                  —

                  where applicable, special equipment to produce additional or independent power,

            1.1.1.   Steering control

      ‘Steering control’ means the part directly operated by the driver in order to steer the tractor.
      1.1.2.   Steering gear

      ‘Steering gear’ means all the components between the steering control and the steered wheels, with the exception of the special equipment defined in point 1.1.4. The steering gear may be mechanical, hydraulic, pneumatic, electric or a combination of any of these.
      1.1.3.   Steered wheels

      ‘Steered wheels’ means:

                  —

                  the wheels the alignment of which may be altered directly or indirectly in relation to that of the tractor in order to obtain a change in the direction of movement of the tractor,

                  —

                  all wheels of articulated tractors,

                  —

                  wheels on the same axle, the speed of which may be varied in order to obtain a change in the direction of movement of the tractor,

            Self-tracking castor wheels are not steered wheels.
      1.1.4.   Special equipment

      ‘Special equipment’ means that part of the steering equipment by which additional or independent power is produced. Additional or independent power may be produced by any mechanical, hydraulic, pneumatic or electrical system, or by any combination of these (for example by an oil pump, air pump or battery, etc.).
      1.2.   ‘Different types of steering equipment’

                  1.2.1.

                  Depending on the source of power which is necessary for the deflection of the steered wheels, the following types of steering equipment are identified:

                              1.2.1.1.

                                 Manual steering equipment, in which the steering power is provided solely by the muscular power of the driver;

                              1.2.1.2.

                                 Assisted steering equipment, in which the steering power is provided both by the muscular power of the driver and by the special equipment defined in point 1.1.4;
                              Steering equipment where the steering power is normally provided solely by the special equipment defined in point 1.1.4, but which in the event of failure of the special equipment enables the muscular power of the driver to be used for steering, shall be considered as ‘assisted steering equipment’.

                              1.2.1.3.

                                 Servo-steering equipment, in which the steering power is provided solely by the special equipment defined in point 1.1.4.

            1.3.   Steering effort

      ‘Steering effort’ means the force exerted by the driver on the steering control in order to steer the tractor.
      2.   CONSTRUCTION, FITTING AND INSPECTION REQUIREMENTS
      2.1.   General requirements

                  2.1.1.

                  The steering equipment must ensure easy and safe handling of the tractor and must comply with the detailed requirements set out in point 2.2.

            2.2.   Detailed requirements

      2.2.1.   Steering control

                  2.2.1.1.

                  The steering control must be easy to use and grip. It must be designed in such a way as to permit gradual deflection. The direction of movement of the steering control must correspond to the desired change in the direction of the tractor.

                  2.2.1.2.

                  The steering effort required to achieve a turning circle of 12 m radius, starting from the straight ahead position, must not exceed 25 daN. In the case of assisted steering equipment that is not connected to other equipment, if the auxiliary power supply fails the steering effort required must not exceed 60 daN.

                  2.2.1.3.

                  In order to check compliance with the requirement in point 2.2.1.2, the tractor shall describe a spiral movement at a speed of 10 kilometres per hour, starting from the straight ahead position, on a dry, flat road surface offering good tyre adhesion. The steering effort on the steering control shall be noted until it reaches the position corresponding to the tractor entering a turning circle of 12 m radius. The duration of the manoeuvre (time between the moment when the steering control is first operated and the moment when it reaches the position where the measurements are taken) must not exceed five seconds in normal cases and eight seconds if the special equipment fails. One manoeuvre must be made to the left and one to the right.
                  For the test, the tractor must be loaded to its technically permissible maximum weight; tyre pressures and weight distribution between the axles must conform to the manufacturer’s instructions.

            2.2.2.   Steering gear

                  2.2.2.1.

                  The steering equipment may not include either electrical or wholly pneumatic steering gear.

                  2.2.2.2.

                  The steering gear must be so designed as to meet any operational requirements. It must be easily accessible for maintenance and inspection.

                  2.2.2.3.

                  In the case of steering gear which is not wholly hydraulic, it must be possible to drive the tractor even in the event of failure of the hydraulic or pneumatic components of the steering gear.

                  2.2.2.4.

                  Steering gear which is operated purely hydraulically and the special equipment defined in point 1.1.4 must meet the following requirements:

                              2.2.2.4.1.

                              One or more pressure limitation devices must protect the whole or part of the circuit against excess pressure;

                              2.2.2.4.2.

                              The pressure limitation devices must be set so as not to exceed a pressure T equal to the maximum operating pressure stated by the manufacturer;

                              2.2.2.4.3.

                              The characteristics and dimensions of the pipe work must be such that the pipes withstand four times the pressure T (permitted by the pressure limitation devices), and must be protected in places and arranged in such a way that the risks of damage by impact or interference are reduced to a minimum, and the risks of damage by rubbing can be considered negligible.

            2.2.3.   Steered wheels

                  2.2.3.1.

                  All the wheels may be steered wheels.

            2.2.4.   Special equipment

                  2.2.4.1.

                  The special equipment defined in point 1.1.4, used in the types of steering equipment defined in points 1.2.1.2 and 1.2.1.3, shall be acceptable in the following circumstances:

                              2.2.4.1.1.

                              If the tractor is equipped with assisted steering equipment as defined in point 1.2.1.2, it must be possible to drive it even in the event of failure of the special equipment as already stated in point 2.2.1.2. If the assisted steering equipment does not have its own source of power, it must be fitted with a power reservoir. This power reservoir may be replaced by a self-contained device providing power supply to the steering equipment with priority over the other systems which are linked to the common energy source. Without prejudice to the provisions of Council Directive 76/432/EEC of 6 April 1976 on the approximation of the laws of the Member States relating to the braking devices of wheeled agricultural or forestry tractors (1), if there is a hydraulic connection between the hydraulic steering equipment and the hydraulic braking equipment, and if both are supplied from the same energy source, the force required to activate the steering equipment shall not exceed 40 daN if either of the systems should fail. If the source of power is compressed air, the air reservoir must be protected by a non-return valve.
                              Where the steering power is normally provided solely by the special equipment defined in point 1.1.4, the assisted steering equipment must be fitted with a device such that if, in the event of failure of the special equipment, the steering effort exceeds 25 daN, a visual or acoustic signal must give warning of such failure.

                              2.2.4.1.2.

                              If the tractor is fitted with servo-steering equipment as defined in point 1.2.1.3, and provided that such equipment has a wholly hydraulic steering gear, it must be possible, should the special device or motor fail, to carry out the two manoeuvres specified in point 2.2.1.3 using a special additional device. The special additional device may be a compressed air or gas reservoir. An oil pump or compressor may be used as the special additional device if that device is worked by the rotation of the tractor wheels and cannot be disconnected from them. In the event of failure of the special equipment, a visual or acoustic signal must give warning of such failure.

                                          2.2.4.1.2.1.

                                          If the special device is pneumatic, it must be fitted with a compressed air reservoir protected by a non-return valve. The capacity of the compressed air reservoir must be calculated so that at least seven complete turns (from lock to lock) are possible before the reservoir pressure falls to half its operating pressure; the test must be carried out with the steered wheels off the ground.

         (1)  OJ L 122, 8.5.1976, p. 1.

      ANNEX II
      PART A

         Repealed Directive with its successive amendments

         (referred to in Article 6)

                  Council Directive 75/321/EEC
                  (OJ L 147, 9.6.1975, p. 24).

                  Council Directive 82/890/EEC
                  (OJ L 378, 31.12.1982, p. 45).

                  Only as regards the references to Directive 75/321/EEC in Article 1(1)

                  Commission Directive 88/411/EEC
                  (OJ L 200, 26.7.1988, p. 30).

                  Directive 97/54/EC of the European Parliament and of the Council
                  (OJ L 277, 10.10.1997, p. 24).

                  Only as regards the references to Directive 75/321/EEC in the first indent of Article 1

                  Commission Directive 98/39/EC
                  (OJ L 170, 16.6.1998, p. 15).

            PART B

         List of time-limits for transposition into national law and application

         (referred to in Article 6)

                  Directive

                  Time-limit for transposition

                  Date of application

                  75/321/EEC

                  22 November 1976

                  —

                  82/890/EEC

                  22 June 1984

                  —

                  88/411/EEC

                  30 September 1988 (1)

                  —

                  97/54/EC

                  22 September 1998

                  23 September 1998

                  98/39/EC

                  30 April 1999 (2)

                  —

         (1)  In conformity with Article 2 of Directive 88/411/EEC:

         ‘1.   From 1 October 1988 no Member State may:

                     —

                     refuse, in respect of a type of tractor, to grant EEC type-approval, to issue the document referred to in Article 10(1), final indent, of Directive 74/150/EEC, or to grant national type approval, or,

                     —

                     prohibit the entry into service of tractors,

               if the steering equipment of this type of tractor or tractors complies with the provisions of this Directive.
         2.   From 1 October 1989 Member States:

                     —

                     shall no longer issue the document referred to in Article 10(1), final indent, of Directive 74/150/EEC for a type of tractor the steering equipment of which does not comply with the provisions of this Directive,

                     —

                     may refuse to grant national type approval for a type of tractor, the steering equipment of which does not comply with the provisions of this Directive.’,

         (2)  In conformity with Article 2 of Directive 98/39/EC:

         ‘1.   From 1 May 1999 no Member State may:

                     —

                     refuse, in respect of a type of tractor, to grant EC type-approval, to issue the document referred to in the third indent of Article 10(1) of Directive 74/150/EEC, or to grant national type-approval, or,

                     —

                     to prohibit the entry into service of tractors,

               if these tractors meet the requirements of Directive 75/321/EEC, as amended by this Directive.
         2.   From 1 October 1999, Member States:

                     —

                     may no longer issue the document referred to in the third indent of Article 10(1) of Directive 74/150/EEC for any type of tractor that does not meet the requirements of Directive 75/321/EEC, as amended by this Directive,

                     —

                     may refuse to grant national type-approval in respect of a type of tractor that does not meet the requirements of Directive 75/321/EEC, as amended by this Directive.’

      ANNEX III

         Correlation table

                  Directive 75/321/EEC

                  Directive 98/39/EC

                  This Directive

                  Article 1

                  Article 1

                  Article 2

                  Article 2

                  Articles 3 and 4

                  Articles 3 and 4

                  Article 5(1)

                  —

                  Article 5(2)

                  Article 5

                  —

                  Article 6

                  —

                  Article 7

                  Article 6

                  Article 8

                  Annex

                  Annex I

                  —

                  Annex II

                  —

                  Annex III


title: Commission Directive 2004/86/EC of 5 July 2004 amending, for the purposes of adapting to technical progress, Council Directive 93/93/EEC on the masses and dimensions of two or three-wheel motor vehicles

text:
               7.7.2004

               EN

               Official Journal of the European Union

               L 236/12

         COMMISSION DIRECTIVE 2004/86/EC
   of 5 July 2004
   amending, for the purposes of adapting to technical progress, Council Directive 93/93/EEC on the masses and dimensions of two or three-wheel motor vehicles
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 93/93/EEC of 29 October 1993 on the masses and dimensions of two or three-wheel motor vehicles (1), and in particular Article 3 thereof,
   Having regard to Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC (2), and in particular Article 17 thereof,
   Whereas:

               (1)

               Directive 93/93/EEC is one of the separate directives in the context of the Community type-approval procedure according to Directive 2002/24/EC. The provisions of Directive 2002/24/EC relating to systems, components and separate technical units for vehicles therefore apply to Directive 93/93/EEC.

               (2)

               In order to enable the full type-approval system to function properly, it is necessary to clarify and supplement certain requirements in Directive 93/93/EEC.

               (3)

               To that end, it is necessary to specify that the masses of exchangeable superstructures for quadricycles of categories L6e and L7e, intended for transportation of goods, have to be considered as part of the payload rather than included in the unladen mass.

               (4)

               Directive 93/93/EEC should therefore be amended accordingly.

               (5)

               The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress set up pursuant to Article 13 of Council Directive 70/156/EEC (3),

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   The Annex to Directive 93/93/EEC is amended in accordance with the Annex to this Directive.
   Article 2
   1.   With effect from 1 January 2005, in the case of two or three-wheel motor vehicles whose masses and dimensions comply with the requirements of Directive 93/93/EEC, as amended by this Directive, Member States shall not, on grounds relating to the masses and dimensions:

               (a)

               refuse, in respect of such a vehicle to grant EC type-approval or national type-approval; or

               (b)

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

         2.   With effect from 1 July 2005, if the requirements of Directive 93/93/EEC, as amended by this Directive, are not fulfilled for any new type of two or three-wheel motor vehicle, by reason of its masses or dimensions, Member States shall refuse to grant EC type-approval.
   Article 3
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive.
   Article 4
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 5 July 2004.

            For the Commission

         Erkki LIIKANEN

            Member of the Commission

      (1)  OJ L 311, 14.12.1993, p. 76. Directive as amended by Commission Directive 2001/78/EC (OJ L 285, 29.10.2001, p. 1).

      (2)  OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission Directive 2003/77/EC (OJ L 211, 21.8.2003, p. 24).

      (3)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2004/3/EC of the European Parliament and of the Council (OJ L 49, 19.2.2004, p. 36).

      ANNEX
      Point 1.5 of the Annex to Directive 93/93/EEC is replaced by the following:

         1.5.   “unladen mass” means the mass of vehicle ready for normal use and equipped as follows:

                     —

                     additional equipment required solely for the normal use under consideration,

                     —

                     complete electrical equipment, including the lighting and light-signalling devices supplied by the manufacturer,

                     —

                     instruments and devices required by the laws under which the unladen mass of the vehicle has been measured,

                     —

                     the appropriate amounts of liquids in order to ensure the proper operation of all parts of the vehicle.

               1.5.1.   In the case of vehicles of categories L6e and L7e intended for carrying goods and designed to be equipped with exchangeable superstructures, the total mass of these superstructures shall not be taken into account for the calculation of the unladen mass and shall be considered to be part of the payload.
         In this case, the following additional conditions shall be fulfilled:

                     (a)

                     the basic type of vehicle (chassis cab), on which the abovementioned superstructures are designed to be fitted, shall fulfil all the prescriptions established for category L6e and L7e quadricycles for transportation of goods, (including the limit of 350 kg unladen mass for category L6e vehicles and the limit of 550 kg unladen mass for category L7e vehicles);

                     (b)

                     a superstructure is considered to be exchangeable if it can be easily removed from the chassis cab without the use of tools;

                     (c)

                     as far as the superstructure is concerned, the vehicle manufacturer shall provide in the information document, a model of which is set out in Annex II to Directive 2002/24/EC, the maximum permitted dimensions, the mass, the limits for the position of the centre of gravity and a drawing with the position of fixing devices.

            NB: the fuel and the fuel/oil mixture are not included in the measurement, but components such as the battery acid, the hydraulic fluid, the coolant and the engine oil must be included.’.


Avis juridique important

|

31980L1263

First Council Directive 80/1263/EEC of 4 December 1980 on the introduction of a Community driving licence

Official Journal L 375 , 31/12/1980 P. 0001 - 0015 Finnish special edition: Chapter 7 Volume 2 P. 0171  Greek special edition: Chapter 13 Volume 10 P. 0089  Swedish special edition: Chapter 7 Volume 2 P. 0171  Spanish special edition: Chapter 07 Volume 2 P. 0259  Portuguese special edition Chapter 07 Volume 2 P. 0259

FIRST COUNCIL DIRECTIVE  of 4 December 1980  on the introduction of a Community driving licence  (80/1263/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 (1) (c) 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, for the purposes of the common transport policy, as a contribution to improving road traffic safety, and to assist the movement of persons settling in a Member State other than that in which they have passed a driving test, or moving within the Community, it is desirable that a Community driving licence be introduced;  Whereas the introduction of a Community driving licence presupposes the harmonization of existing national driving test arrangements, which can only be achieved gradually ; whereas the first stage of this harmonization could culminate in the establishment of a Community model national licence and the mutual recognition by Member States of national driving licences and the exchange of licences by holders transferring their place of residence or place of employment from one Member State to another;  Whereas the Community model national licence should be based on that defined by the Final Act of the Convention on Road Traffic drawn up in Vienna in November 1968 by the United Nations Road Traffic Conference;  Whereas the mutual recognition of driving licences issued by the different Member States and the exchange of a licence by a holder moving from one Community country to reside or work in another will only be possible further to an initial harmonization of the regulations governing the issue and validity of licences;  Whereas, without prejudice to the final provisions to be adopted by the Council on vehicle categories, it is necessary to establish common standards in respect of the validity of the licence for driving the different categories of vehicles, so that the Community model licence can be issued throughout the Community under comparable conditions;  Whereas, however, at this initial harmonization stage and pending the introduction of the final system, Member States should be allowed to lay down the conditions with regard to age and the period of validity of licences arid also, under certain specific conditions, to derogate from the categories, speeds and conditions of validity laid down by this (1)OJ No C 238, 11.10.1976, p. 43. (2)OJ No C 197, 23.8.1976, p. 32.   Directive ; and, where appropriate, to check the additional conditions laid down for the exchange of driving licences of certain categories of vehicles;  Whereas it is desirable that the standards for testing drivers and issuing licences should be further harmonized as soon as possible,  HAS ADOPTED THIS DIRECTIVE:    Article 1 The Member States shall introduce a national driving licence based on the Community model provided for in Article 2. A Community model driving licence shall, subject to Article 8, entitle the holder to drive, both on national and international journeys, vehicles of the categories for which it has been granted.  Community model driving licences shall be issued by the Member States in accordance with this Directive.   Article 2 The driving licence provided for in Article 1 shall conform to the model in Annex I.  The oval on page 1 of the model shall contain the distinguishing sign of the State issuing the licence.  After consulting the Commission, Member States may adapt the model in the Annex in any way necessary to enable them to:    - process the driving licence by computer,       - enter in the licence any categories of vehicle which, pursuant to Article 9, differ from those provided for in Article 3.         Member States shall take all necessary steps to avoid any risk of forgery of driving licences.   Article 3 1. Without prejudice to the final provisions to be adopted by the Council concerning vehicle categories, the driving licence provided for in Article I shall authorize the driving on public roads of vehicles in the following categories:  category A : motorcycles with or without side-car;  category B : motor vehicles, other than those in category A, with a permissible maximum weight not exceeding 3 500 kg and not more than eight seats in addition to the driver's seat;  category C : motor vehicles used for the carriage of goods and whose permissible maximum weight exceeds 3 500 kg;  category D : motor vehicles used for the carriage of passengers, with more than eight seats in addition to the driver's seat:  category E : combinations of vehicles of which the tractor vehicle is in a category or categories for which the driver is licensed (B and/or C and/or D), but which are not themselves in that category or categories.  2. For the purposes of paragraph 1:    (a) a trailer with a permissible maximum weight not exceeding 750 kg may be coupled to a motor vehicle in category B above ; a trailer with a permissible maximum weight exceeding 750 kg may likewise be coupled to such vehicle, provided that the following two conditions are fulfilled:      - the permissible maximum weight of the trailer does not exceed the unladen weight of the motor vehicle, and           - the total permissible maximum weight of the combination of vehicles does not exceed 3 500 kg;                  (b) a motor vehicle in category C or D may be coupled to a trailer the permissible maximum weight of which does not exceed 750 kg.         3. For the purposes of this Article:    - "motorcycle" means any two or three-wheeled vehicle with a maximum design speed exceeding 50 kph (33 mph) or, if it is powered by a heat propulsion engine, with a cylinder capacity exceeding 50 cc. In addition, in the case of a three-wheeled vehicle, the unladen weight shall not exceed 400 kg;       - "power-driven vehicle" means any self-propelled vehicle running on a road, other than a railborne vehicle;        - "motor vehicle" means any power-driven vehicle, other than a motorcycle, which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods. This term shall include trolley buses, i.e. vehicles connected to an electric conductor and not rail borne. It shall not include agricultural or forestry tractors;       - "agricultural or forestry tractor" means any power-driven vehicle running on wheels or tracks, having at least two axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage or persons or goods is only a secondary function.          Article 4 1. The validity of the driving licence provided for in Article 1 shall be determined as follows:    (a) licences granted for categories C and D shall also be valid for the driving of vehicles in category B;       (b) licences granted for category E shall, without prejudice to the provisions of (c), be valid for the driving of combinations of vehicles;       (c) licences for category E shall be granted only to drivers already entitled to drive vehicles in category B, C or D.         2. Licences issued to disabled drivers shall specifically mention the conditions under which such drivers are entitled to drive.   Article 5 1. Without prejudice to Article 5 of Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport (1), Member States shall fix the minimum age at which driving licences may be issued.  2. Member States may refuse to recognize the validity on their territory of driving licences issued to drivers under the age of 18 years.   Article 6 1. A driving licence shall, moreover, be issued only to those applicants:    (a) who have passed a practical and theoretical test and who meet medical standards, the minimum requirements of which may not be substantially less stringent than those set out in Annexes II and III;       (b) who have their normal residence in the territory of the Member State issuing the licence, if the legislation of the Member State concerned so requires.         2. Member States may apply to the issue of driving licences the provisions of their national legislation relating thereto which are concerned with conditions other than those referred to in paragraph 1.   Article 7 Without prejudice to the provisions which may be adopted by the Council in this regard, each Member State shall retain the right to fix, on the basis of national criteria, the period of validity of the driving licences (Community model) which it issues or exchanges pursuant to Article 8.   Article 8 1. The Member States shall provide that, if the holder of a valid national driving licence or valid Community model licence issued by a Member State takes up normal residence in another Member State his licence shall remain valid there for up to a maximum of a year following the taking up of residence At the request of the holder within that period, and against surrender of his licence, the State in which he has taken up normal residence shall issue him with a driving licence (Community model) for the corresponding category or categories without subjecting him to the conditions laid down in Article 6. However, that Member State may refuse to exchange the licence if its national regulations, including medical standards, preclude the issue of the licence.  The exchange must be preceded by the submission of a statement by the applicant to the effect that his  (1)OJ No L 77, 29.3.1969, p. 49.  driving licence is currently valid. It shall be for the Member State effecting the exchange to check the veracity of his statement if necessary. The Member State effecting the exchange shall return the old licence to the authorities of the Member State which issued it.  2. Member States which, pursuant to Article 9, do not apply categories C, D and E as defined in Article 3 (1) may:    - exchange category C, D and E driving licences in accordance with paragraph 1 of this Article or,       - require the applicant to furnish proof of driving experience and in this case issue a licence entitling him to drive vehicles in the national category in respect of which he furnished proof of adequate experience, or vehicles in a lower category.         In any event, such States shall issue to the applicant at least a licence to drive vehicles in the lowest of the national categories corresponding to categories C, D and E as defined in Article 3 (1).  During the year following the taking up of residence by drivers who have not applied for a licence exchange, such States shall recognize such drivers' licences as being equivalent at least to licences for the lowest relevant national category.  3. Where a Member State exchanges a licence, issued by a third country, for a Community model driving licence, such exchange shall be recorded in the licence, as shall any subsequent renewal or replacement of that licence. In the event of subsequent exchange of the said licence, Member States shall not be obliged to apply paragraph 1. A Community model driving licence may in any event be issued only if the licence issued by the third country has been surrendered to the competent authorities of the Member State issuing the Community licence.   Article 9 After consulting the Commission, Member States may, pending introduction of the final system and provided that the fact is recorded on the licence, derogate from:    - the categories defined in Article 3 (1);       - the speeds indicated in the first indent of Article 3 (3), provided that the speeds which they prescribe are lower;       - the conditions of validity provided for in Article 4.         Furthermore, Member States shall, pursuant to the procedure laid down in Article 12, establish equivalent definitions in so far as their national categories differ.   Article 10 The Council, acting on a proposal from the Commission, shall carry out as soon as possible a more detailed harmonization of the standards for driving tests and licensing with a view to inter alia subsequent improvements in road safety throughout the Community.   Article 11 The Member States shall determine the arrangements for replacing currently valid national driving licences issued by them with Community model driving licences for the corresponding category or categories. This operation shall take place without the need for the tests provided for under Article 6, on submission of and in exchange for the old licences.   Article 12 1. After consulting the Commission, Member States shall, in good time and at the latest by 30 June 1982, adopt the laws, regulations or administrative provisions necessary for the implementation of this Directive from 1 January 1983.  2. However, a Member State may, without prejudice to the application of the other provisions in this Directive, decide not to issue Community model driving licences until a later date, which may not be later than 1 January 1986.  3. Member States shall assist one another in the implementation of this Directive.   Article 13 This Directive is addressed to the Member States.     Done at Brussels, 4 December 1980.  For the Council  The President  J. BARTHEL     ANNEX I >PIC FILE= "T0014238">Comments on the model driving licence shown on page 1    1. The colour of the Community driving licence shall be pink.       2. On the cover page:      - mention of the name of the Member State issuing the licence shall be optional,           - the distinguishing sign of the Member State issuing the licence shall be entered in the oval,           - the words "driving licence" shall be printed in large type in the language or languages of the Member State issuing the licence. They shall appear, alter a suitable space, in small type in the other languages of the European Communities,           - the words "European Communities model" shall be printed in the language or languages of the Member State issuing the licence.                  3. The printed entries on the other pages shall be in the language or languages of the Member State issuing the licence.       4. The page entitled "Additional information" is designed for details of any restriction or extension of the conditions governing the validity of the licence. This page may also be used for showing the period of validity of the licence where this varies. >PIC FILE= "T0014239">        5. Other comments may be entered on the remaining blank pages. Where appropriate, Member States may enter on them categories of vehicles not covered by this Directive or may subdivide categories A, B, C, D and E in the corresponding page.       6. Member States shall have the right to:      - dispense with the photograph requirement;           - replace the permanent place of residence by the postal address;           - delete the date of issue and indicate the date of commencement of validity of the licence.              SPECIMEN COMMUNITY MODEL LICENCE : BELGIAN LICENCE  (FOR INFORMATION) >PIC FILE= "T0014240">     ANNEX II MINIMUM REQUIREMENTS FOR DRIVING TESTS  THEORETICAL TEST  Form    1. The form chosen shall be such as to establish whether the candidate has the required knowledge and understanding of the subjects listed in paragraphs 2 and 3 of this Annex.  Content       2. Knowledge and understanding of the regulations, and more especially of the rules applicable to the use of vehicles of the category corresponding to the type of licence applied for:      2.1. Knowledge and understanding of traffic rules and regulations, signs, signals and road markings and of their meaning;           2.2. Basic knowledge and understanding of the technical regulations relating to vehicle safety in traffic;           2.3. Knowledge and understanding of rules relating to the driver, in so far as they concern road safety, including, for drivers of category C and D vehicles only, rules relating to hours of work and rest periods;           2.4. Knowledge and understanding of the rules on what a driver should do in the event of an accident.                  3. Knowledge and understanding of other subjects:      3.1. Adequate knowledge and understanding of the importance of road safety matters, and especially of the following accident factors:        3.1.1. Driving hazards, such as the danger of overtaking, misjudgement of speed (effects on braking and safety distances), influence of the weather (snow, rain, fog, side-winds, aquaplaning), behaviour of other road users, and in particular of elderly people and children;               3.1.2. Factors likely to reduce the driver's vigilance and his physical and mental fitness to drive, such as fatigue, illness, alcohol and other drugs, etc.;               3.1.3. Safety factors relating to vehicle loading and to passengers carried.                          3.2. Category A and B vehicles only : basic knowledge of those items of the vehicle which are vital to the protection of its occupants and to road safety, such as brakes, tyres, oil levels, safety belts, etc.;  Category C, D and E vehicles only : knowledge of the function and simple maintenance of the items mentioned above and of all other vehicle parts and devices of particular importance to safety;           3.3. Knowledge of the action which may be required in order to assist road accident victims.   PRACTICAL TEST  The vehicle and its equipment      4. If a candidate takes the test on a vehicle with automatic transmission, this shall be recorded on any licence issued on the basis of such a test;      - Category C vehicles : the permissible maximum weight shall be not less than 7 000 kg;           - Category D vehicles : the vehicle shall have not less than 28 seats and shall be not less than 7 m in length;           - Category E vehicles : when the towing vehicle belongs to category C, and except in the case of a semi-trailer, the trailer shall have at least two axles, the distance between which shall be greater than 1 m.             Contents       5. The principal manoeuvres to be carried out to check the candidate's ability to control the vehicle are as follows:      5.1. Starting on upgrades;           5.2. Category B, C, D and E vehicles only : reversing and reverse turning:           5.3. Braking and stopping at various speeds, including emergency stops if road and traffic conditions permit;           5.4. Category B, C, D and E vehicles only : oblique parking, parking on upgrades and down-grades;           5.5. Turning in a restricted space;           5.6. Category A vehicles only : riding at a slow speed.                  6. Behaviour in traffic  The main checks to which the candidate will be subjected are:      6.1. Correct positioning on the carriageway;           6.2. Proper negotiation of right and left-hand bends;           6.3. Correct execution of the manoeuvres of changing lanes and turning off at junctions;           6.4. Alertness to other traffic;           6.5. Correct behaviour at intersections, taking due account of all movements of other road users, with special regard to right-of-way;           6.6. Driving at appropriate speeds;           6.7. Use of rear-view mirrors;           6.8. Correct signalling of intended manoeuvres;           6.9. Correct operation of vehicle lighting and warning devices and other ancillary controls;           6.10. Driving with due care and consideration for pedestrians and other road users;           6.11. Correct behaviour with regard to public transport vehicles;            6.12. Compliance with traffic-light signals and instructions given by authorized officials on point duty;           6.13. Appropriate reaction to legally specified signals given by other road users;           6.14. Observance of traffic signs and signals, road markings and pedestrian crossings;           6.15. Observance of appropriate following and lateral distances;           6.16. Correct overtaking;           6.17 Correct use of safety belts if national legislation requires that they be fitted to the vehicle.  Sequence of the parts of the test    7. Whenever possible, the part of the test described in paragraph 5 should be carried out before the part described in paragraph 6.  Duration of the test       8. The duration of the test and the distance covered shall be sufficient for the checks prescribed in paragraphs 5 and 6 to be carried out. The duration of the part of the test described in paragraph 6 should be more than 30 minutes, but shall not in any case be less than 20 minutes.  Location of the test       9. The part of the test described in paragraph 5 may be conducted on a special testing ground, in which case precise criteria should be laid down for measuring objectively the candidate's ability to handle the vehicle. The part of the test described in paragraph 6 shall, wherever possible, be conducted on roads outside built-up areas and on motorways as well as in urban traffic.          ANNEX III MINIMUM STANDARDS OF PHYSICAL AND MENTAL FITNESS  DEFINITIONS     1. For the purpose of this Annex, drivers are classified into two groups:      1.1. Group 1 : drivers of vehicles of categories A and B;           1.2. Group 2 : drivers of vehicles of categories C, D and E.                  2. Similarly, applicants for a first driving licence or for the renewal of a driving licence are classified in the group to which they will belong once the licence has been granted or renewed.  MEDICAL EXAMINATIONS       3. Group 1 : applicants shall be required to undergo a medical examination if it becomes apparent, when the necessary formalities are being completed or during the tests which they have to undergo prior to obtaining a driving licence, that they have one or more of the medical disabilities mentioned in this Annex in respect of this group.       4. Group 2 : applicants shall undergo a medical examination before a driving licence is first granted to them and thereafter drivers shall undergo such periodic examinations as may be prescribed by national laws.  Eyesight       5. An examination conducted by suitably trained personnel shall be undergone by all applicants for a driving licence. In doubtful cases the applicant shall be referred to a competent medical authority. At the medical examination, attention should be paid to visual acuity, field of vision, night vision, progressive eye diseases, etc. When the wearing of corrective lenses is recognized by the issuing authority as necessary for driving, this shall be recorded on the driving licence.       6. Group 1 : drivers in this group should have their eyesight tested not later than at the age of 70 and preferably earlier, and thereafter at appropriate intervals. If applicants or drivers aged 40 years or more have sub-normal vision after correction but nevertheless meet the minimum requirements given in paragraphs 6.1 and 6.2 below, the cause of loss of vision shall be investigated before driving licences are granted or renewed. Where a disease of the eye is discovered or suspected, the periodic tests should be frequent.      6.1. Applicants for a driving licence or for the renewal of such a licence shall have a visual acuity, with corrective lenses if necessary, of at least 0 74, and preferably of a higher standard in the better eye or of at least 0 75 in both eyes together and, on medical examination, of at least 0 72 in the worse eye. Driving licences shall not be granted or renewed if, on examination, it is shown that there is more than 20º loss in the temporal part of the applicant's or the driver's field of vision, or if the applicant or driver has diplopia or defective binocular vision.           6.2. Applicants or drivers with sight only in one eye may obtain a driving licence or the renewal of such a licence if the monocular vision is certified by a competent medical authority as having existed for sufficient time to allow adaptation and the visual acuity, with corrective lenses if necessary, is at least 0 78. Such persons must have unrestricted field of vision in their good eye.                   7. Group 2 : applicants or drivers in this group shall have their eyesight tested on application for a driving licence and preferably periodically thereafter. If applicants or drivers aged 40 years or more have sub-normal vision after correction but nevertheless meet the minimum requirements given in paragraph 7.1 below, the cause of visual loss shall be investigated before driving licences are granted or renewed.      7.1. Applicants for a driving licence or for the renewal of such a licence must have binocular vision with a visual acuity, with corrective lenses if necessary, of at least 0 775 in the better eye and of at least 0 75 in the worse eye. If corrective lenses are used, the uncorrected vision must not be less than 0 71 and the correction must be tolerated. Driving licences shall not be granted or renewed if the applicant or driver has a restricted field of vision or if he has diplopia or defective binocular vision.           7.2. The use of contact lenses by drivers in this group may be permitted if approved by a competent medical authority.  Hearing      8. Driving licences shall not be granted or renewed for applicants or drivers in group 2 if their hearing is so bad that it interferes with the proper discharge of their duties.  General physique and physical disabilities       9. Group 1 : unrestricted driving licences shall not be granted or renewed for physically disabled applicants or drivers, unless a driving test has established their ability to operate vehicles with conventional controls.      9.1. Restricted driving licences may be granted or renewed for physically disabled applicants or drivers if the vehicles they drive are adapted to suit the requirements of their disablement. Any restriction on the driving licence shall state the adaptation required on the vehicle.           9.2. In cases of doubt, a practical test shall be made of driving abilities after medical examination by a competent authority and, where appropriate, a driving licence for a limited duration may be issued so as to keep a case under observation. The assessment of physical disablement shall primarily be based on mechanical considerations which make it possible to ascertain whether the disablement is likely to interfere for prolonged periods with efficient and rapid manoeuvring and the handling of controls under all driving conditions, especially in an emergency.                  10. Group 2 : driving licences shall not be granted or renewed for applicants or drivers who have any disablement which is likely to prevent proper and safe control of a vehicle.      10.1. Medical examination of applicants or drivers shall cover the full range of body movements - strength, control and coordination - and, in particular, movements of the upper and lower limbs.           10.2. If disablement which is likely to hinder proper and safe control of a vehicle occurs after a driving licence has been granted, the disabled person must give up driving and undergo an examination by a competent medical authority.            Cardiovascular diseases     11. Driving licences shall not be granted or renewed for applicants or drivers with cardiovascular diseases unless their request is supported by authorized medical opinion.       12. With regard to applicants or drivers in group 2, the competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.   Endocrine disorders       13. In cases of severe endocrine disorders other than diabetes, appropriate provisions in respect of the granting or renewal of driving licences shall be established by the laws of the Member States.       14. Group 1 : driving licences shall not be granted or renewed for applicants or drivers suffering from diabetes who are affected by ocular, nervous or cardiovascular complications or uncompensated acidosis.      14.1. Driving licences may be granted or renewed for a restricted period for applicants or drivers suffering from diabetes who are not affected by any of the complications mentioned in paragraph 14 above, subject to their remaining under authorized medical supervision.                  15. Group 2 : driving licences shall not be granted or renewed for applicants or drivers who are diabetics needing insulin treatment.  Diseases of the nervous system       16. Driving licences shall not be granted or renewed for applicants or drivers suffering from      (a) encephalitis, multiple sclerosis, myasthenia gravis or hereditary diseases of the nervous system associated with progressive muscular atrophy and congenital myotonic disorders;           (b) diseases of the peripheral nervous system ; or           (c) trauma of the central or peripheral nervous system,  unless their application is supported by authorized medical opinion and they are able to handle the controls of a vehicle safely and to comply with traffic regulations. Such cases shall be reviewed at regular intervals.          17. Group 1 : driving licences shall not be granted or renewed for applicants or drivers suffering from epilepsy. National legislation may provide that, subject to authorized medical opinion, licences be granted to persons who have suffered from epilepsy in the past but who have been free from attacks for a long time (e.g. two years).      17.1. Driving licences shall not be granted or renewed for applicants or drivers suffering from cerebrovascular diseases, unless their application is supported by authorized medical opinion and provided that, where necessary, the controls of the vehicle they drive are suitably re-arranged or modified, or that suitable special types of vehicles are used. The duration of the validity of driving licences granted or renewed in such cases shall be limited in accordance with authorized medical opinion.           17.2. Driving licences shall not be granted or renewed for applicants or drivers who have suffered a lesion with damage to the spinal cord and resultant paraplegia unless the vehicle they drive is fitted with special controls.                  18. Group 2 : driving licences shall not be granted or renewed for applicants or drivers who suffer or have suffered in the past from epilepsy, a cerebrovascular disease or a lesion with damage to the spinal cord and resulting paraplegia.  Mental disorders       19. Driving licences shall not be granted or renewed for applicants or drivers who:      (a) suffer from mental disturbance due to disease or trauma of, or operations upon, the central nervous system;           (b) suffer from severe mental retardation;           (c) suffer from psychosis, which in particular has caused general paralysis ; or            (d) suffer from psychoneurosis or personality disorders.  unless their application is supported by authorized medical opinion.        20. With regard to applicants or drivers in group 2, the authorized medical authority shall give due consideration to the additional risks and dangers involved in driving the vehicles covered by this group.  Alcohol       21. Driving licences shall not be granted or renewed for applicants or drivers who suffer from chronic alcoholism. If the application is supported by an authorized medical opinion, driving licences may be granted or renewed for a limited period for applicants or drivers who suffered from chronic alcoholism in the past. Such cases shall be reviewed at regular intervals.       22. With regard to applicants or drivers in group 2, the authorized medical authority shall give due consideration to the additional risks and dangers involved in driving the vehicles covered by this group.  Drugs and medicaments       23. Drug abuse : driving licences shall not be granted or renewed for applicants or drivers who are dependant on psycho-active drugs.       24. Drugs or medicaments taken on a regular basis : driving licences shall not be granted or renewed for applicants or drivers who regularly take drugs or medicaments which can hamper the ability to drive safely, unless their application is supported by authorized medical opinion.      24.1. With regard to applicants or drivers in group 2, the authorized medical authority shall give due consideration to the additional risks and dangers involved in driving the vehicles covered by this group.  Diseases of the blood            25. Driving licences shall not be granted or renewed for applicants or drivers suffering from serious diseases of the blood unless the application is supported by authorized medical opinion.  Diseases of the genito-urinary system       26. Driving licences shall not be granted or renewed for applicants or drivers suffering from severe renal deficiency.  WITHDRAWAL OF DRIVING LICENCES       27. National laws shall include provisions to the effect that, subject to authorized medical opinion, a driving licence shall be withdrawn where the authorities concerned have become aware that the holder's state of health is such that his application for a licence or for its renewal would have been refused.   OTHER PROVISIONS      (i) The provisions of the Annex shall not prevent a Member State from providing that a driver who has obtained a driving licence before 1 January 1983 under less stringent conditions than those provided for herein may have this licence regularly renewed under the conditions pertaining when he obtained it.           (ii) Member States may derogate from the provisions of the Annex where the development of medical science makes such derogations fully compatible with the standards laid down herein. These derogations shall apply only to applicants who have undergone a medical examination and whose application is supported by authorized medical opinion.


title: Commission Directive 2008/5/EC of 30 January 2008 concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 2000/13/EC of the European Parliament and of the Council (Codified version) (Text with EEA relevance )

text:
               31.1.2008

               EN

               Official Journal of the European Union

               L 27/12

      COMMISSION DIRECTIVE 2008/5/EC
   of 30 January 2008
   concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 2000/13/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   (Codified version)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (1), and in particular Article 4(2) thereof,
   Having regard to Directive 94/35/EC of the European Parliament and of the Council of 30 June 1994 on sweeteners for use in foodstuffs (2), and in particular Article 6 thereof,
   Whereas:

               (1)

               Commission Directive 94/54/EC of 18 November 1994 concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Council Directive 79/112/EEC (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               In order to ensure that consumers receive adequate information, it is necessary to provide for compulsory indication, for certain foodstuffs, of other particulars in addition to those provided for in Article 3 of Directive 2000/13/EC.

               (3)

               Packaging gases used in packaging certain foodstuffs should not be regarded as ingredients for the purposes of Article 6(1) of Directive 2000/13/EC and therefore should not be included in the list of ingredients on the label.

               (4)

               However, consumers should be informed of the use of such gases inasmuch as this information enables them to understand why the foodstuff they have purchased has a longer shelf life than similar products packaged differently.

               (5)

               With a view to providing adequate consumer information, the labelling of foodstuffs which contain sweeteners should bear details to that effect.

               (6)

               Moreover, warnings should also be given on the labelling of foodstuffs containing certain categories of sweetener.

               (7)

               Furthermore, it is necessary to provide labelling which gives the consumers clear information on the presence of glycyrrhizinic acid or its ammonium salt in confectionery and beverages. In the case of high contents of glycyrrhizinic acid or its ammonium salt in those products, the consumers, and in particular those suffering from hypertension, should in addition be informed that excessive intake should be avoided. To ensure a good understanding of such information by the consumers, the well known term ‘liquorice’ should be preferably used.

               (8)

               The measures provided for in this Directive are in conformity with the opinion of the Standing Committee on the Food Chain and Animal Health.

               (9)

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

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Without prejudice to the provisions of Article 3 of Directive 2000/13/EC, the labelling of the foodstuffs listed in Annex I to this Directive shall include additional particulars, as set out in that Annex.
   Article 2
   Directive 94/54/EC, as amended by the Directives listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.
   Article 3
   This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 30 January 2008.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 109, 6.5.2000, p. 29. Directive as last amended by Commission Directive 2007/68/EC (OJ L 310, 28.11.2007, p. 11).

      (2)  OJ L 237, 10.9.1994, p. 3. Directive as last amended by Directive 2006/52/EC (OJ L 204, 26.7.2006, p. 10).

      (3)  OJ L 300, 23.11.1994, p. 14. Directive as last amended by Directive 2004/77/EC (OJ L 162, 30.4.2004, p. 76).

      (4)  See Annex II, Part A.

      ANNEX I
      List of foodstuffs for which the labelling must include one or more additional particulars

                  Type or category of foodstuff

                  Particulars

                  Foodstuffs whose durability has been extended by means of packaging gases authorised pursuant to Council Directive 89/107/EEC (1)

                  ‘Packaged in a protective atmosphere’

                  Foodstuffs containing a sweetener or sweeteners as authorised by Directive 94/35/EC

                  ‘with sweetener(s)’
                  That particular shall accompany the name under which the product is sold, as laid down in Article 5 of Directive 2000/13/EC

                  Foodstuffs containing both an added sugar or sugars and a sweetener or sweeteners as authorised by Directive 94/35/EC

                  ‘with sugar(s) and sweetener(s)’
                  That particular shall accompany the name under which the product is sold as laid down in Article 5 of Directive 2000/13/EC

                  Foodstuffs containing aspartame

                  ‘contains a source of phenylalanine’

                  Foodstuffs containing more than 10 % added polyols

                  ‘excessive consumption may produce laxative effects’

                  Confectionery or beverages containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra, at concentration of 100 mg/kg or 10 mg/l or above.

                  The terms ‘contains liquorice’ shall be added immediately after the list of ingredients, unless the term ‘liquorice’ is already included in the list of ingredients or in the name under which the product is sold. In the absence of a list of ingredients, the particular shall be placed near the name under which the product is sold.

                  Confectionery containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra at concentrations of 4 g/kg or above.

                  The following message must be added after the list of ingredients: ‘contains liquorice – people suffering from hypertension should avoid excessive consumption’. In the absence of a list of ingredients, the particular shall be placed near the name under which the product is sold.

                  Beverages containing glycyrrhizinic acid or its ammonium salt due to the addition of the substance(s) as such or the liquorice plant Glycyrrhiza glabra at concentrations of 50 mg/l or above, or of 300 mg/l or above in the case of beverages containing more than 1,2 % by volume of alcohol (2).

                  The following message must be added after the list of ingredients: ‘contains liquorice – people suffering from hypertension should avoid excessive consumption’. In the absence of a list of ingredients, the particular shall be placed near the name under which the product is sold.

         (1)  OJ L 40, 11.2.1989, p. 27.

         (2)  The level shall apply to the products as proposed ready for consumption or as reconstituted according to the instructions of the manufacturers.

      ANNEX II
      PART A
      Repealed Directive with list of its successive amendments

         (referred to in Article 2)

                  Commission Directive 94/54/EC

                  (OJ L 300, 23.11.1994, p. 14)

                  Council Directive 96/21/EC

                  (OJ L 88, 5.4.1996, p. 5)

                  Commission Directive 2004/77/EC

                  (OJ L 162, 30.4.2004, p. 76)

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

         (referred to in Article 2)

                  Directive

                  Time-limit for transposition

                  94/54/EC

                  30 June 1995 (1)

                  96/21/EC

                  30 June 1996 (2)

                  2004/77/EC

                  20 May 2005 (3)

         (1)  In accordance with the first paragraph of Article 2 of Directive 94/54/EC:

         ‘Member States shall, where necessary, amend their laws, regulations and administrative provisions by 30 June 1995 in such a way so as to:

                     —

                     permit trade in products complying with this Directive no later than 1 July 1995,

                     —

                     prohibit trade in products not complying with this Directive with effect from 1 January 1997; however, trade in products placed on the market or labelled before that date and not conforming with this Directive may continue until stocks run out.’

         (2)  In accordance with the first paragraph of Article 2 of Directive 96/21/EC:

         ‘Member States shall, where necessary, amend their laws, regulations and administrative provisions before 1 July 1996 so as to:

                     —

                     allow trade in products complying with this Directive by 1 July 1996 at the latest;

                     —

                     prohibit trade in products not complying with this Directive from 1 July 1997. However, products placed on the market or labelled before that date which do not comply with this Directive may be marketed until stocks are exhausted.’

         (3)  In accordance with Article 2 of Directive 2004/77/EC:

         ‘1.   The Member States shall permit trade in products which comply with this Directive from 20 May 2005 at the latest.
         2.   The Member States shall prohibit trade in products which do not comply with this Directive from 20 May 2006.
         However, products which do not comply with this Directive and which were labelled before 20 May 2006 shall be authorised while stocks last.’

      ANNEX III
      Correlation table

                  Directive 94/54/EC

                  This Directive

                  Article 1

                  Article 1

                  Article 2

                  —

                  —

                  Article 2

                  Article 3

                  Article 3

                  —

                  Article 4

                  Annex

                  Annex I

                  —

                  Annex II

                  —

                  Annex III