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31976L0767

Council Directive 76/767/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods for inspecting them

Official Journal L 262 , 27/09/1976 P. 0153 - 0168 Finnish special edition: Chapter 13 Volume 5 P. 0182  Greek special edition: Chapter 13 Volume 4 P. 0127  Swedish special edition: Chapter 13 Volume 5 P. 0182  Spanish special edition: Chapter 13 Volume 5 P. 0192  Portuguese special edition Chapter 13 Volume 5 P. 0192

COUNCIL DIRECTIVE  of 27 July 1976  on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them  (76/767/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas in each Member State mandatory provisions determine the technical characteristics of construction, verification and/or the operation of pressure vessels ; whereas these requirements differ from one Member State to another ; whereas such differences hinder trade and may create unequal conditions of competition within the Community;  Whereas these hindrances to the establishment and functioning of the common market can be reduced or indeed eliminated if the same requirements apply in each of the Member States, either in addition to or in lieu of their existing laws;  Whereas a check on compliance with these technical requirements is necessary to provide effective protection for users and third parties ; whereas the existing inspection procedures differ from one Member State to another ; whereas in order to achieve free movement of pressure vessels within the common market and to avoid multiple inspections which are in effect barriers to the free movement of vessels, arrangements should be made for the mutual recognition of inspection procedures by the Member States;  Whereas, in order to facilitate the mutual recognition of inspection procedures, adequate EEC pattern approval and EEC verification procedures for vessels should be set up and the criteria for appointing the bodies responsible for carrying out verifications should be harmonized;  Whereas the presence on a pressure vessel of the EEC marks showing that it has undergone the appropriate inspections indicates that it satisfies the relevant technical requirements and therefore makes it unnecessary, on the importation and placing into service of the vessel, to repeat the inspections which have already been carried out;  Whereas national regulations on pressure vessels cover many categories of pressure vessels of widely varying uses, capacities and pressures ; whereas this Directive should lay down the general provisions dealing, in particular, with EEC pattern approval and verification procedures ; whereas separate Directives for each category of vessel will lay down the technical requirements as to the design and methods of inspection of such vessels and, where appropriate, the conditions under which Community technical requirements are to replace the previous national provisions;  Whereas the technical requirements of the Directives on pressure vessels must be adapted without delay to take account of technical progress ; whereas, in order to facilitate the implementation of the measures necessary for this purpose, provisions should be made for a procedure establishing close cooperation between the Member States and the Commission, within the Committee on the adaptation to technical progress of the Directives for removing technical barriers to intra-Community trade in pressure vessels;  (1)OJ No C 2, 9.1.1974, p. 64. (2)OJ No C 101, 23.11.1973, p. 25.   Whereas pressure vessels placed on the market might in certain cases represent a safety hazard although satisfying the requirements of the relevant separate Directive ; whereas provision should therefore be made for a procedure to reduce this hazard,  HAS ADOPTED THIS DIRECTIVE:    CHAPTER I  Definitions and basic principles  Article 1 1. For the purposes of this Directive, "pressure vessel" means any fixed or movable vessel or receptacle in which an effective pressure of more than 0.5 bar on a fluid (gas, steam or liquid) may obtain or develop.  2. The following are excluded:    - vessels specially designed for nuclear use, failure of which can cause an emission of radioactivity,       - vessels specifically intended for installation on, or for the propulsion of ships and aircraft,       - pipelines and pipeworks.          Article 2 1. Separate Directives shall lay down the design and construction requirements and inspection, testing and, where necessary, operating methods for the categories of pressure vessels to which they relate and, where appropriate, for ancillary equipment.  They shall specify, for each category of pressure vessels, whether the vessels are subject to EEC pattern approval and EEC verification or to either or neither of these procedures.  They may lay down:    - any conditions or time limits to which EEC pattern approval may be subject and any marks to be affixed to pressure vessels in such cases,       - the identification markings for each pressure vessel,       - the conditions which different models of an approved vessel must satisfy in order to receive the same pattern approval.         2. For the purposes of this Directive, an "EEC-type pressure vessel" means any vessel designed and manufactured in such a way that it satisfies the requirements of the separate Directive relating to its particular category.   Article 3 No Member State may, on grounds relating to the construction or inspection of a vessel within the meaning of this Directive and the separate Directive relating to it, refuse, prohibit or restrict the marketing and placing into service of an EEC-type pressure vessel which complies with the requirements of this Directive and the separate Directive relating to it.   Article 4 Member States shall attach the same value to EEC pattern approval and EEC verification as to any equivalent national procedures.   Article 5 The tasks of the administration issuing the EEC pattern approval certificate and of the inspection body carrying out the verification of the vessel shall be confined to examinations carried out in accordance with the requirements of the relevant separate Directives, and to the operations assigned to them by this Directive.  CHAPTER II  EEC pattern approval  Article 6 1. Where it is provided for in a separate Directive, EEC pattern approval shall be a preliminary to:    - EEC verification where this is required,       - marketing and placing into service where EEC verification is not required.         2. Member States shall, at the request of the manufacturer or his authorized agent established in the Community, grant EEC pattern approval to any type of pressure vessel which satisfies the requirements of the separate Directive relating to that particular category of pressure vessel.   3. An application for EEC pattern approval for a given type of pressure vessel may be submitted in only one Member State.  4. Member States shall grant, refuse or withdraw EEC pattern approval in accordance with the provisions of this Chapter and sections 1, 2 and 4 of Annex I.   Article 7 1. If the results of the examination provided for in section 2 of Annex I are satisfactory, the Member State which carried out the examination shall make out an EEC pattern approval certificate which shall be forwarded to the applicant concerned.  Where this approval relates to a vessel which is subject to EEC verification, the manufacturer must affix to it the approval mark referred to in 3.1 of Annex I before verification takes place.  2. The requirements relating to the certificate and approval mark are set out in sections 3 and 5 of Annex I.   Article 8 Where EEC pattern approval is not required for a category of pressure vessels which satisfies the requirements of a separate Directive, but an application has been made for EEC verification, the manufacturer shall, on his own responsibility, before verification takes place, affix to pressure vessels in this category the special mark described in 3.2 of Annex I.   Article 9 1. A Member State which has granted EEC pattern approval must withdraw it if any conditions laid down in a separate Directive pursuant to Article 2 (1) are not fulfilled.  2. If a Member State which has granted EEC pattern approval finds that pressure vessels of the type for which approval has been granted fail to conform to the pattern:    (a) it may maintain the approval where the differences established are minimal, or have no fundamental effect on the design of the vessel or on manufacturing methods and in no way present a safety hazard;       (b) it must withdraw the approval if the changes constitute a safety hazard;       (c) it shall request the manufacturer to make the appropriate manufacturing changes as soon as possible if it considers that the batch produced no longer corresponds to the approved pattern. It must withdraw the approval if the manufacturer fails to comply with this request.         3. The Member State which granted EEC pattern approval must also withdraw it if it finds that the approval should not have been granted.  4. Furthermore, if the said Member State is informed by another Member State of the existence of one of the cases referred to in paragraphs 1, 2 and 3, it shall, after consulting that State, act in accordance with the provisions of those paragraphs.  5. Where the advisability or necessity of withdrawing approval is the subject of dispute between the competent authorities of the Member State which has granted EEC pattern approval and those of another Member State, the Commission shall be kept informed. It shall where necessary, hold appropriate consultations in order to arrive at a solution.  6. Only that Member State which granted EEC pattern approval may decide to withdraw it. It shall forthwith notify the other Member States and the Commission of any such decision.   CHAPTER III  EEC verification  Article 10 EEC verification shall serve to establish whether a pressure vessel conforms with the requirements of the separate Directive relating to it ; it shall be attested by the EEC verification mark.   Article 11 1. When a pressure vessel is presented for EEC verification, the inspection body shall check whether:   (a) - the pressure vessel belongs to a category subject to EEC pattern approval and, if so, whether it corresponds to the approved pattern and bears the EEC pattern approval mark;   - the pressure vessel belongs to a category exempt from EEC pattern approval and, if so, whether it meets the requirements laid down in the separate Directive;         (b) - the pressure vessel satisfies the requirements of the separate Directive as regards the performance of the tests and the correct affixing of the statutory marks and inscriptions.      2. The manufacturer may not refuse the inspection body access to the place of manufacture where such access is essential if the body is to carry out properly the tasks entrusted to it.   Article 12 Annex III specifies the minimum criteria which the Member States must observe when appointing the inspection bodies pursuant to Article 13, without prejudice to their competence, to take such measures and lay down such conditions as they consider necessary at national level to ensure that the inspection bodies appointed operate in an efficient, coordinated and irreproachable fashion.   Article 13 1. Each Member State shall forward to the other Member States and the Commission the list of inspection bodies responsible for the functions of inspection and any subsequent amendments to this list, specifying whether these bodies are only allowed to carry out certain inspections.  2. A Member State which has appointed an inspection body must withdraw the appointment if it finds that it does not meet or has ceased to meet the criteria set out in Annex III. It shall immediately inform the Commission and the other Member States thereof and shall indicate whether the appointment has been withdrawn completely or only in respect of certain inspections.  3. Only that Member State which has appointed such an inspection body may withdraw or limit the appointment.   Article 14 1. After carrying out EEC verification of a pressure vessel under the conditions laid down in Article 11 and in the manner provided for in Annex II, the inspection body shall affix the EEC partial or final verification marks to the vessel in accordance with the arrangements laid down in section 3 of that Annex.  2. Annex II, section 3 contains the requirements as to the form and characteristics of the EEC verification marks.  3. If a separate Directive so provides, the inspection body shall issue a certificate indicating the inspections carried out and their results.   Article 15 When the separate Directive relating to a category of pressure vessels does not provide for EEC verification, the manufacturer shall, on his own responsibility, after verifying that each pressure vessel satisfies the requirements of the separate Directive and, if appropriate, conforms to the approved pattern, affix:    (a) either the special mark described in 5.3 of Annex I, where EEC pattern approval is necessary;       (b) or the special mark described in 5.4 of Annex I, where there is exemption from EEC pattern approval.         CHAPTER IV Provisions common to EEC pattern approval and EEC verification  Article 16 1. The marks prescribed by this Directive and any separate Directive relating to an appliance and its ancillary equipment must be visibly, legibly and indelibly affixed on each vessel and on such ancillary equipment.  2. Member States shall take all the necessary measures to prohibit the use on pressure vessels of marks or inscriptions liable to be confused with the EEC marks.  CHAPTER V Derogating clause  Article 17 1. The design of a pressure vessel and the methods used in its manufacture need not comply with all of the provisions of the separate Directives, without the vessel ceasing to be covered by Article 3, provided that the alterations made are such as to ensure an equivalent degree of safety.  2. Each of the separate Directives shall specify clearly the provisions from which such derogation is possible or the provisions from which there can be no derogation.   The following procedure should be observed in such cases:    (a) the Member State shall forward the documents giving the description of the vessel and the documents supporting its request for derogation, including the results of any tests carried out, to the other Member States, which shall have a period of four months to agree or disagree, submit any comments, questions, additional requirements, requests for further tests, or, if they wish, to refer the matter to the Committee for its view in accordance with the procedure laid down in Article 20. Copies of these documents shall be sent to the Commission. Such correspondence shall be confidential;       (b) if by the end of the statutory period, no Member State has disagreed or asked for the matter to be referred to the Committee, the Member State shall after dealing with all the requests submitted under the procedure set out in (a), grant the derogation requested and inform the other Member States and the Commission thereof.       (c) if a Member State has not replied by the end of the statutory period, it shall be regarded as having agreed ; however the State of origin must in this case ask the Commission to confirm that there has been no reply;       (d) if the matter has been referred to the Committee, and the Committee has decided in favour, the Member State may grant the derogation under any conditions that the Committee might propose;       (e) the relevant documents shall be submitted in the language or languages of the country of destination, or in another language acceptable to it.         CHAPTER VI Adaptation of the Directives to technical progress  Article 18 The amendments necessary to keep:    - Annexes I and II to this Directive, and       - those provisions of the separate Directives which are specifically indicated in each of them,         in line with technical progress shall be made in accordance with the procedure laid down in Article 20.   Article 19 1. A committee (hereinafter called "the Committee") is hereby set up to adapt to technical progress those Directives concerning the elimination of technical barriers to trade in pressure vessels. It shall consist of representatives of the Member States, with a Commission representative as chairman.  2. The Committee shall adopt its own rules of procedure.   Article 20 1. Where the procedure laid down in this Article is invoked, the Committee shall be convened by the chairman, either on his own initiative or at the request of the representative of a Member State.  2. The Commission representative shall submit a draft of the measures to be adopted to the Committee. The Committee shall give its view of the draft within a time limit set by the chairman having regard to the urgency of the matter. Decisions shall be taken on a majority of 41 votes, the votes of the Member States being weighted as provided in Article 148 (2) of the Treaty. The chairman shall not vote.  3.    (a) The Commission shall adopt the proposed measures if they are consistent with the view of the Committee.       (b) If the proposed measures do not conform to the view of the Committee, or if no view has been given, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall decide by a qualified majority.       (c) If, within three months of the proposal being submitted to it, the Council has not taken any decision, the proposed measures shall be adopted by the Commission.      CHAPTER VII Safeguard clause Article 21 1. Where a Member State has good grounds for believing that one or more pressure vessels constitute a safety hazard, although satisfying the requirements of this Directive and the separate Directives, it may temporarily prohibit the marketing of the vessel or  vessels on its territory or make it subject to special conditions. It shall immediately inform the Commission and the other Member States thereof, giving the reasons for its decision.  2. The Commission shall consult the Member States concerned within six weeks, then give its view without delay and take the appropriate steps.  3. Where the Commission considers that technical modifications to the Directive are necessary, such modifications shall be adopted, either by the Commission or the Council, in accordance with the procedure laid down in Article 20. In this event, the Member State which has taken the safeguard measures may retain them until such modifications come into force.  CHAPTER VIII Special provisions  Article 22 1. This Article shall apply to vessels falling within the scope of this Directive pursuant to Article 1, where these are not covered by a separate Directive.  2. In this case, the following rules shall apply:    (a) the competent administrative authorities of the Member State of destination shall regard pressure vessels which have been inspected and tested by an inspection body chosen in accordance with the procedure laid down in Annex IV as conforming to their national laws, administrative provisions and regulations relating to design;       (b) these tests and inspections must be carried out in accordance with the procedure described in Annex IV and using the methods in force in the Member State of destination or recognized as being equivalent by its administrative authorities.         The tests and inspections referred to above shall be all those which it is possible to carry out in the place where the vessels are manufactured.  3. The Member States shall attach the same value to reports and certificates issued by the inspection body in the country of origin of the pressure vessel as to the corresponding national documents.  CHAPTER IX  Final provisions   Article 23 Any decision by a Member State or an inspection body pursuant to this Directive and the separate Directives to refuse EEC pattern approval or to refuse to affix the EEC verification mark, to withdraw approval, or to prohibit the sale or use of EEC-type pressure vessels, shall state the exact grounds on which it is based. Such a decision shall be notified as soon as possible 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 State in question and of the time limits to which such remedies are subject.   Article 24 1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 25 This Directive is addressed to the Member States.     Done at Brussels, 27 July 1976.  For the Council  The President  M. van der STOEL     ANNEX I (1) EEC PATTERN APPROVAL    1. APPLICATION FOR EEC PATTERN APPROVAL      1.1. The application and the correspondence relating to it shall be drawn up in an official language of the State to which the application is made in accordance with the laws of that State. The Member State has the right to require that the annexed documents should also be drawn up in that same official language.           1.2. The application shall contain the following information:        - name and address of the manufacturer or firm, of his or its authorized representative or of the applicant, and the place or places of manufacture of the vessels,               - category of the vessel,               - intended use or prohibited uses,               - technical characteristics,               - trade name, if any, or type.                          1.3. The application shall be accompanied by two copies of the documents required and in particular:        1.3.1. A description including:          - the materials specifications, the methods of construction and the strength calculations for the vessel,                   - any safety devices fitted,                   - the places where the approval and verification marks specified in this Directive are to be affixed, as well as the other marks specified in the separate Directives.                      1.3.2. The general plans and, where appropriate, detailed drawings of important design features.   1.3.3. Any other information provided for in the separate Directives.    1.3.4. A statement certifying that no other application for EEC pattern approval has been submitted for the same pattern of vessel.                              2. EXAMINATION FOR EEC PATTERN APPROVAL      2.1. The examination for EEC pattern approval shall be carried out on the basis of the plans and, where appropriate, on sample vessels.  The examination shall entail:      (a) checking of the design calculations, method of manufacture, workmanship and materials;           (b) where appropriate, checking of the safety devices and measuring equipment and the methods of installation.                           3. EEC PATTERN APPROVAL CERTIFICATE AND MARK 3.1.  >PIC FILE= "T0009642">   - in the upper part, the serial number of the separate Directive allocated according to the chronological order of adoption, and the capital letter(s)  (1)See the Appendix to Annexes I and II.   identifying the State which has granted EEC pattern approval (B for Belgium, D for the Federal Republic of Germany, DK for Denmark, F for France, I for Italy, IRL for Ireland, L for Luxembourg, NL for the Netherlands, UK for the United Kingdom) and the year of EEC pattern approval ; the number of the separate Directive to which the EEC pattern approval refers will be allocated by the Council when it is adopted,   - in the lower part, the EEC pattern approval number.       An example of this mark is shown in 5.1.   3.2. >PIC FILE= "T0009643">    3.3. The mark mentioned in Article 15 (a) is the same as the EEC approval mark surrounded by a hexagon.  An example of this mark is shown in 5.3.   3.4. The mark mentioned in Article 15 (b) is the mark of exemption from EEC pattern approval surrounded by a hexagon.  An example of this mark is shown in 5.4.         4. PUBLICATION OF EEC PATTERN APPROVAL      4.1. EEC pattern approval certificates shall be published in the Official Journal of the European Communities.           4.2. At the same time as the party concerned is notified, copies of the EEC pattern approval certificate shall be sent by the Member State to the Commission and to the other Member States, which may also obtain copies of the definitive technical file on the vessel and of the reports on the examinations and tests it has undergone.           4.3. Withdrawal of EEC pattern approval shall be published in accordance with the procedure laid down in 4.1 and 4.2.           4.4. Any Member State refusing EEC pattern approval shall inform the other Member States and the Commission of such refusal.                  5. MARKS RELATING TO EEC PATTERN APPROVAL >PIC FILE= "T0009538">    >PIC FILE= "T0009539">         ANNEX II (1) EEC VERIFICATION    1. GENERAL      1.1. EEC verification may be carried out in one or more stages.           1.2. Subject to the requirements of the separate Directives:        1.2.1. EEC verification shall be carried out in one stage only on vessels which constitute a whole on leaving the factory, that is to say vessels which, theoretically, can be transferred to their place of installation without first having to be dismantled;               1.2.2. the verification of vessels not dispatched in one piece shall be carried out in two or more stages;               1.2.3. verification must in particular ensure that the vessel conforms to the approved pattern or, in the case of vessels exempt from EEC pattern approval, to the requirements laid down by the relevant separate Directive.                                 2. NATURE OF EEC VERIFICATION      2.1. Subject to the requirements of the separate Directives the verification shall entail:        - examination of the characteristics of the materials,               - checking of the design calculations, method of manufacture, workmanship and materials used,               - an internal examination consisting of a check on the internal parts and the welding,               - a pressure test,               - inspection of any safety devices and measuring equipment fitted,               - an external examination of the various parts of the vessel,               - a performance test where this is prescribed in the separate Directives.                                 3. EEC VERIFICATION MARKS    3.1. Description of EEC verification marks      3.1.1. Subject to the requirements of separate Directives, EEC verification marks which are affixed in accordance with 3.3 shall be as follows:        3.1.1.1. The EEC final verification mark shall be composed of two stamps:          3.1.1.1.1. The first consisting of a letter "e" containing:            - in the upper half, the capital letter(s) identifying the State in which the verification is carried out (B for Belgium, D for the Federal Republic of Germany, DK for Denmark, F for France, I for Italy, IRL for Ireland, L for Luxembourg, NL for the Netherlands and UK for the United Kingdom) together, where necessary, with one or two numbers identifying a territorial subdivision,                       - in the lower half, the mark of the inspection body affixed by the verifying agent, together with the mark of the verifying agent if appropriate;                                          3.1.1.1.2. the second stamp consisting of the date of verification in a hexagon described with the accuracy required by the separate Directives;  (1)See the Appendix to Annexes I and II.                                  3.1.1.2. The EEC partial verification mark shall consist solely of the first stamp (1).                                 3.2. Shape and dimensions of marks      3.2.1. An example of the stamps described in 3.1.1.1.1 and 3.1.1.1.2 is illustrated in figures 1 and 2 below.  The separate Directives may specify the placing and dimensions of the EEC verification marks.  Unless otherwise indicated in the separate Directives, the letters and numbers of each mark must be at least 5 mm high.           3.2.2. The inspection bodies of the Member States shall mutually exchange copies of the drawings of the EEC verification marks.                  3.3. Affixing the marks      3.3.1. The EEC final verification mark shall be affixed in the required position on the vessel when the latter has been finally verified and is recognized as conforming to EEC requirements.           3.3.2. Where verification is carried out in more than one stage, the EEC partial verification mark shall be affixed at the place of manufacture on the vessel or part of a vessel which is recognized as conforming to EEC requirements at that stage of the inspection procedure, and in the place specifically provided for the stamping place or in any other place specified in the separate Directives.     (1)Explanatory note on the EEC final verification mark and EEC partial verification mark If a vessel cannot be assembled at its place of manufacture, or if transporting it is likely to affect its characteristics, EEC verification shall be carried out as follows: - verification of the vessel at its place of manufacture by an inspection body of the country of origin which, providing the vessel conforms to EEC requirements, shall affix the "e" stamp described in 3.1.1.1.1 and known as the EEC partial verification mark, - final verification of the vessel at its place of installation by an inspection body of the country of destination which, providing the vessel conforms to EEC requirements, shall affix the stamp described in 3.1.1.1.2 which, together with the EEC partial verification mark, forms the EEC final verification mark.   >PIC FILE= "T0009540">      Appendix to Annexes I and II  Table illustrating the various possible combinations for EEC pattern approval or EEC verification >PIC FILE= "T0009541">      ANNEX III Minimum criteria to be taken into account by Member States when appointing inspection bodies to carry out EEC verification     1. The inspection body, its director and the staff responsible for carrying out the verification tests may not be the designer, manufacturer, supplier, installer of vessels or installations which they inspect, nor the authorized representative of any of those parties. They may not become directly involved in the design, construction, marketing, representation or maintenance of the vessels or installations, nor represent the parties engaged in these activities. This does not preclude the possibility of exchanges of technical information between the manufacturer and the inspection body.       2. The inspection body and its staff must carry out the verification tests with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of the inspection, especially from persons or groups of persons with an interest in the results of verifications.       3. The inspection body must have at its disposal the necessary staff and possess the necessary means for it to perform properly the administrative and technical tasks connected with verifications ; it must also have access to the equipment required for special verifications.       4. The staff responsible for inspection must have:      - sound technical and professional training,           - satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such tests,           - the ability to draw up the certificates, records and reports required to authenticate the performance of the tests.                  5. The impartiality of inspection staff must be guaranteed. Their remuneration must not depend on the number of tests carried out, nor on the results of such tests.       6. The inspection body must take out a third party insurance policy unless civil liability is assumed by the State in accordance with national law, or the Member State itself is directly responsible for the tests.       7. The staff of the inspection body shall be bound to observe professional secrecy with regard to all information gained in carrying out its tasks (except vis-à-vis the competent administrative authorities of the State in which its activities are carried out) under this Directive and the separate Directives or any provision of national law giving effect to them.          ANNEX IV DEFINITIONS  Country of origin : Member State where the pressure vessel was manufactured.  Recipient country : Member State into which a pressure vessel is to be imported, or in which it is to be marketed and/or placed into service.  Administration of origin : The competent administrative authorities of the country of origin.  Recipient administration : The competent administrative authorities of the recipient country.  PROCEDURE   1. Where a manufacturer wishes to export a pressure vessel, or more than one pressure vessel of a single type, he or his representative shall forward an application, directly or through the importer in the recipient country, to the recipient administration, citing Article 22 and asking for the verification tests to be carried out in accordance with the methods laid down in the recipient country by an inspection body other than those of the recipient country.  In his application, the manufacturer or his representative shall indicate which inspection body he has chosen. The choice must be made from the list sent in by the country of origin under Article 13. However, by way of exception to this procedure, in the case of vessels constructed specially to a single order in very small numbers or vessels designed for a complex installation manufactured in accordance with the information and specifications provided by the customer or a consultancy bureau appointed by him, an inspection body in the Member State of origin shall be chosen by the customer, whether or not included on the list referred to in Article 13, provided the recipient administration agrees to the choice.  The recipient administration shall inform the administration of origin of the decisions it had taken on the matter.  The name of the customer or importer, if known, must be shown in the application.  The application shall be accompanied by a file containing drawings and calculations relating to the vessel or pattern, specifications of the materials, information on the manufacturing processes involved, and details of the verification methods during manufacture, together with any other information which the manufacturer or his representative consider may help the recipient administration's decision as to whether a pressure vessel, or vessels of the same pattern, conforming to the plans, satisfies the statutory requirements for pressure vessels in the recipient country.  The documents shall be forwarded in quadruplicate in the language or languages of the recipient country or in another language acceptable to that country.    2.     2.1. The recipient administration shall acknowledge receipt of the file as soon as it is received.   2.2.    2.2.1. If the recipient administration considers that the file received contains all the information required under section 1, it shall have three months from the date of receipt of the file to conduct a substantive examination of the documents in the file.       2.2.2. If the recipient administration considers that the file received does not contain all the information required under section 1, it shall have one month from the date of receipt of the file to inform the applicant of the further details which should be supplied. On receipt of the file duly completed, the procedure in 2.2.1 shall be followed.       2.3.     2.3.1. If it is apparent from a substantive examination of the file that the vessel, or the vessels of a single type have been produced or are intended to be produced in accordance with the relevant documents, and satisfy the statutory requirements for pressure vessels in the recipient country or may be accepted if a derogation from these requirements is granted, the recipient administration shall notify the applicant accordingly within the period laid down in 2.2.1.  If the vessel, or the vessels of a single type, covered by the application are not subject to regulations in the recipient country, the recipient administration may require that the regulations governing pressure vessels in the country of origin are complied with.       2.3.2. If it is apparent from a substantive examination of the file that the vessel, or the vessels of a single type, have been produced or are intended to be produced in accordance with the relevant documents, but do not satisfy the statutory requirements for pressure vessels in the recipient country and may not be granted a derogation from these requirements, the recipient administration shall notify the applicant accordingly within the period laid down in 2.2.1, and shall indicate which provisions have not been complied with and which provisions must be complied with if the vessel, or the vessels of a single type are to be accepted. It shall also inform the applicant of the manufacturing requirements and the checks, tests and verifications required by the regulations on pressure vessels which are in force in the recipient country.  If the applicant is prepared to amend the design, manufacturing process and/or verification methods relating to the vessel, or the vessels of a single type, so as to satisfy the required conditions, he shall amend his file accordingly. On receipt of the amended file, the procedure outlined in 2.2.1 shall be followed, but the period for examination shall be reduced to two months.       2.3.3. The criteria used by the recipient administration for granting or refusing the derogations referred to in 2.3.1 and 2.3.2 shall be the same as those currently applied for manufacturers established in the recipient country.          2.4. The fees, taxes or other charges for the examination of the file shall be those laid down by the rules applying in the recipient country.      3. The inspection body chosen in accordance with section 1 shall carry out the operations required of it by the recipient administration.   4. After carrying out the checks, tests and verifications required by the recipient administration, and establishing that the results are satisfactory, the inspection body shall issue to the manufacturer or his representative, and to the recipient administration, the reports on these checks, tests and verifications, and certificates confirming that the checking, testing and verification methods used and the results obtained comply with the requirements of the recipient country.  If the results of the checks are not satisfactory, the inspection body shall inform the applicant and the recipient administration.  These documents must be drawn up in the language of the recipient country or in another language acceptable to it.   5. The fees, taxes or charges for carrying out these checks and tests shall be in accordance with the rules of the inspection body.   6. The recipient administration must ensure that all plans and documents forwarded to it remain confidential.


title: Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management

text:
               29.11.2008

               EN

               Official Journal of the European Union

               L 319/59

      DIRECTIVE 2008/96/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 19 November 2008
   on road infrastructure safety management
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               The trans-European road network defined in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (3), is of paramount importance in supporting European integration and cohesion as well as ensuring a high level of well-being. In particular, a high level of safety should be guaranteed.

               (2)

               In its White Paper of 12 September 2001‘European transport policy for 2010: time to decide’ the Commission expressed the need to carry out safety impact assessments and road safety audits, in order to identify and manage high accident concentration sections within the Community. It also set the target of halving the number of deaths on the roads within the European Union between 2001 and 2010.

               (3)

               In its Communication of 2 June 2003‘European Road Safety Action Programme, Halving the number of road accident victims in the European Union by 2010: A shared responsibility’ the Commission identified road infrastructure as the third pillar of road safety policy, which should make an important contribution to the Community’s accident reduction target.

               (4)

               In recent years, major advances have been made in vehicle design (safety measures and the development and application of new technologies) which have helped to reduce the number of people killed or injured in road accidents. If the target set for 2010 is to be achieved, action must be taken in other areas too. Managing the safety of road infrastructure offers plenty of scope for improvement, which must be used to advantage.

               (5)

               The setting up of appropriate procedures is an essential tool for improving the safety of road infrastructure within the trans-European road network. Road safety impact assessments should demonstrate, on a strategic level, the implications on road safety of different planning alternatives of an infrastructure project and they should play an important role when routes are being selected. The results of road safety impact assessments may be set out in a number of documents. Moreover, road safety audits should identify, in a detailed way, unsafe features of a road infrastructure project. It therefore makes sense to develop procedures to be followed in those two fields with the aim of increasing safety of road infrastructures on the trans-European road network, whilst at the same time excluding road tunnels which are covered by Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the trans-European road network (4).

               (6)

               Several Member States already possess well functioning road infrastructure safety management systems. These countries should be permitted to continue using their existing methods, in so far as they are consistent with the aims of this Directive.

               (7)

               Research is vital to improving safety on the roads within the European Union. Developing and demonstrating components, measures and methods (including telematics) and disseminating research results play an important part in increasing the safety of road infrastructure.

               (8)

               Safety performance of existing roads should be raised by targeting investments to the road sections with the highest accident concentration and/or the highest accident reduction potential. To be able to adapt their behaviour and increase compliance with traffic rules, in particular speed limits, drivers should be made aware of road sections with a high accident concentration.

               (9)

               Network safety ranking has a high potential immediately after its implementation. Once road sections with a high accident concentration have been treated and remedial measures have been taken, safety inspections as a preventive measure should assume a more important role. Regular inspections are an essential tool for preventing possible dangers for all road users, including vulnerable users, and also in case of roadworks.

               (10)

               Training and certification of safety personnel by means of training curricula and tools for qualification validated by the Member States should ensure that practitioners get the necessary up-to-date knowledge.

               (11)

               With a view to improving safety on the roads within the European Union, arrangements should be made for more frequent and more consistent exchanges of best practices among the Member States.

               (12)

               In order to ensure a high level of road safety on the roads within the European Union Member States should apply guidelines on infrastructure safety management. The notification of those guidelines to the Commission and regular reporting on their implementation should pave the way for the systematic improvement of infrastructure safety at Community level and provide a basis for the evolution towards a more effective system over time. The reporting on their implementation should, furthermore, allow other Member States to identify the most effective solutions, while the systematic collection of data from before/after studies should allow selecting the most effective measure for future action.

               (13)

               The provisions of this Directive which relate to investment in road safety should apply without prejudice to the Member States’ powers as regards investment in the upkeep of the road network.

               (14)

               Since the objective of this Directive namely the establishment of procedures to ensure a consistently high level of road safety throughout the trans-European road network cannot be sufficiently achieved by the Member States and can therefore, by reason of the effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (15)

               The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5).

               (16)

               In particular the Commission should be empowered to adopt the criteria necessary for the improvement of road safety management practices and the adaptation of the annexes to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (17)

               Sufficient roadside parking areas are very important not only for crime prevention but also for road safety. Parking areas enable drivers to take rest breaks in good time and continue their journey with full concentration. The provision of sufficient safe parking areas should therefore form an integral part of road infrastructure safety management.

               (18)

               In accordance with point 34 of the Interinstitutional Agreement on better law-making (6), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and their transposition measures, and to make them public,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Subject matter and scope
   1.   This Directive requires the establishment and implementation of procedures relating to road safety impact assessments, road safety audits, the management of road network safety and safety inspections by the Member States.
   2.   This Directive shall apply to roads which are part of the trans-European road network, whether they are at the design stage, under construction or in operation.
   3.   Member States may also apply the provisions of this Directive, as a set of good practices, to national road transport infrastructure, not included in the trans-European road network, that was constructed using Community funding in whole or in part.
   4.   This Directive shall not apply to road tunnels covered by Directive 2004/54/EC.
   Article 2
   Definitions
   For the purposes of this Directive, the following definitions shall apply:

               1.

               ‘trans-European road network’ means the road network identified in Section 2 of Annex I to Decision No 1692/96/EC;

               2.

               ‘competent entity’ means any public or private organisation set up at national, regional or local level, involved in the implementation of this Directive by reason of its competences, including bodies designated as competent entities which existed before the entry into force of this Directive, in so far as they meet the requirements of this Directive;

               3.

               ‘road safety impact assessment’ means a strategic comparative analysis of the impact of a new road or a substantial modification to the existing network on the safety performance of the road network;

               4.

               ‘road safety audit’ means an independent detailed systematic and technical safety check relating to the design characteristics of a road infrastructure project and covering all stages from planning to early operation;

               5.

               ‘ranking of high accident concentration sections’ means a method to identify, analyse and rank sections of the road network which have been in operation for more than three years and upon which a large number of fatal accidents in proportion to the traffic flow have occurred;

               6.

               ‘network safety ranking’ means a method for identifying, analysing and classifying parts of the existing road network according to their potential for safety development and accident cost savings;

               7.

               ‘safety inspection’ means an ordinary periodical verification of the characteristics and defects that require maintenance work for reasons of safety;

               8.

               ‘guidelines’ means measures adopted by Member States, which lay down the steps to be followed and the elements to be considered in applying the safety procedures set out in this Directive;

               9.

               ‘infrastructure project’ means a project for the construction of new road infrastructure or a substantial modification to the existing network which affects the traffic flow.

         Article 3
   Road safety impact assessment for infrastructure projects
   1.   Member States shall ensure that a road safety impact assessment is carried out for all infrastructure projects.
   2.   The road safety impact assessment shall be carried out at the initial planning stage before the infrastructure project is approved. In that connection, Member States shall endeavour to meet the criteria set out in Annex I.
   3.   The road safety impact assessment shall indicate the road safety considerations which contribute to the choice of the proposed solution. It shall further provide all relevant information necessary for a cost-benefit analysis of the different options assessed.
   Article 4
   Road safety audits for infrastructure projects
   1.   Member States shall ensure that road safety audits are carried out for all infrastructure projects.
   2.   When carrying out road safety audits the Member States shall endeavour to meet the criteria set out in Annex II.
   Member States shall ensure that an auditor is appointed to carry out an audit of the design characteristics of an infrastructure project.
   The auditor shall be appointed in accordance with the provisions of Article 9(4) and shall have the necessary competence and training provided for in Article 9. Where audits are undertaken by teams, at least one member of the team shall hold a certificate of competence as referred to in Article 9(3).
   3.   Road safety audits shall form an integral part of the design process of the infrastructure project at the stage of draft design, detailed design, pre-opening and early operation.
   4.   Member States shall ensure that the auditor sets out safety critical design elements in an audit report for each stage of the infrastructure project. Where unsafe features are identified in the course of the audit but the design is not rectified before the end of the appropriate stage as referred to in Annex II, the reasons shall be stated by the competent entity in an Annex to that report.
   5.   Member States shall ensure that the report referred to in paragraph 4 shall result in relevant recommendations from a safety point of view.
   Article 5
   Safety ranking and management of the road network in operation
   1.   Member States shall ensure that the ranking of high accident concentration sections and the network safety ranking are carried out on the basis of reviews, at least every three years, of the operation of the road network. In that connection, Member States shall endeavour to meet the criteria set out in Annex III.
   2.   Member States shall ensure that road sections showing higher priority according to the results of the ranking of high accident concentration sections and from network safety ranking are evaluated by expert teams by means of site visits guided by the elements referred to in point 3 of Annex III. At least one member of the expert team shall meet the requirements set out in Article 9(4)(a).
   3.   Member States shall ensure that remedial treatment is targeted at the road sections referred to in paragraph 2. Priority shall be given to those measures referred to in point 3(e) of Annex III paying attention to those presenting the highest benefit-cost ratio.
   4.   Member States shall ensure that appropriate signs are in place to warn road users of road infrastructure segments that are undergoing repairs and which may thus jeopardise the safety of road users. These signs shall also include signs which are visible during both day and night time and set up at a safe distance and shall comply with the provisions of the Vienna Convention on Road Signs and Signals of 1968.
   5.   Member States shall ensure that road users are informed of the existence of a high accident concentration section by appropriate measures. If a Member State decides to use signposting, this shall comply with the provisions of the Vienna Convention on Road Signs and Signals of 1968.
   Article 6
   Safety inspections
   1.   Member States shall ensure that safety inspections are undertaken in respect of the roads in operation in order to identify the road safety related features and prevent accidents.
   2.   Safety inspections shall comprise periodic inspections of the road network and surveys on the possible impact of roadworks on the safety of the traffic flow.
   3.   Member States shall ensure that periodic inspections are undertaken by the competent entity. Such inspections shall be sufficiently frequent to safeguard adequate safety levels for the road infrastructure in question.
   4.   Without prejudice to the guidelines adopted pursuant to Article 8, Member States shall adopt guidelines on temporary safety measures applying to roadworks. They shall also implement an appropriate inspection scheme to ensure that those guidelines are properly applied.
   Article 7
   Data management
   1.   Member States shall ensure that for each fatal accident occurring on a road referred to in Article 1(2) an accident report is drawn up by the competent entity. Member States shall endeavour to include in that report each of the elements listed in Annex IV.
   2.   Member States shall calculate the average social cost of a fatal accident and the average social cost of a severe accident occurring in its territory. Member States may choose to further differentiate the cost rates, which shall be updated at least every five years.
   Article 8
   Adoption and communication of guidelines
   1.   Member States shall ensure that guidelines, if they do not already exist, are adopted by 19 December 2011, in order to support the competent entities in the application of this Directive.
   2.   Member States shall communicate these guidelines to the Commission within three months of their adoption or amendment.
   3.   The Commission shall make them available on a public website.
   Article 9
   Appointment and training of auditors
   1.   Member States shall ensure that, if they do not already exist, training curricula for road safety auditors are adopted by 19 December 2011.
   2.   Member States shall ensure that where road safety auditors carry out functions under this Directive, they undergo an initial training resulting in the award of a certificate of competence, and take part in periodic further training courses.
   3.   Member States shall ensure that road safety auditors hold a certificate of competence. Certificates awarded before the entry into force of this Directive shall be recognised.
   4.   Member States shall ensure that auditors are appointed in compliance with the following requirements:

               (a)

               they have relevant experience or training in road design, road safety engineering and accident analysis;

               (b)

               from two years after the adoption by the Member States of the guidelines pursuant to Article 8, road safety audits shall only be undertaken by auditors or teams to which auditors belong, meeting the requirements provided for in paragraphs 2 and 3;

               (c)

               for the purpose of the infrastructure project audited, the auditor shall not at the time of the audit be involved in the conception or operation of the relevant infrastructure project.

         Article 10
   Exchange of best practices
   In order to improve the safety of roads within the European Union that are not part of the trans-European road network, the Commission shall establish a coherent system for the exchange of best practices between the Member States, covering, inter alia, existing road infrastructure safety projects and proven road safety technology.
   Article 11
   Continuous improvement of safety management practices
   1.   The Commission shall facilitate and structure the exchange of knowledge and best practices between Member States, making use of the experience gained in existing relevant international forums, with a view to achieving continuous improvement of safety management practices concerning road infrastructures in the European Union.
   2.   The Commission shall be assisted by the Committee referred to in Article 13. In so far as the adoption of specific measures is required, such measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
   3.   Where appropriate, relevant non-governmental organisations, active in the field of safety and management of road infrastructures, may be consulted on matters related to technical safety aspects.
   Article 12
   Adaptation to technical progress
   The Annexes to this Directive shall be adapted to take account of technical progress in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
   Article 13
   Committee procedure
   1.   The Commission shall be assisted by a Committee.
   2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
   3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   Article 14
   Transposition
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 December 2010. They shall forthwith communicate to the Commission the text of those provisions.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 15
   Entry into force
   This Directive shall enter into force on the 20th day following the day of its publication in the Official Journal of the European Union.
   Article 16
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 19 November 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J.-P. JOUYET

      (1)  OJ C 168, 20.7.2007, p. 71.

      (2)  Opinion of the European Parliament of 19 June 2008 (not yet published in the Official Journal), and Council Decision of 20 October 2008.

      (3)  OJ L 228, 9.9.1996, p. 1.

      (4)  OJ L 167, 30.4.2004, p. 39.

      (5)  OJ L 184, 17.7.1999, p. 23.

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

      ANNEX I
      ROAD SAFETY IMPACT ASSESSMENT FOR INFRASTRUCTURE PROJECTS

                  1.

                  Elements of a road safety impact assessment:

                              (a)

                              problem definition;

                              (b)

                              current situation and ‘do nothing’ scenario;

                              (c)

                              road safety objectives;

                              (d)

                              analysis of impacts on road safety of the proposed alternatives;

                              (e)

                              comparison of the alternatives, including cost-benefit analysis;

                              (f)

                              presentation of the range of possible solutions.

                  2.

                  Elements to be taken into account:

                              (a)

                              fatalities and accidents, reduction targets against ‘do nothing’ scenario;

                              (b)

                              route choice and traffic patterns;

                              (c)

                              possible effects on the existing networks (e.g. exits, intersections, level crossings);

                              (d)

                              road users, including vulnerable users (e.g. pedestrians, cyclists, motorcyclists);

                              (e)

                              traffic (e.g. traffic volume, traffic categorisation by type);

                              (f)

                              seasonal and climatic conditions;

                              (g)

                              presence of a sufficient number of safe parking areas;

                              (h)

                              seismic activity.

      ANNEX II
      ROAD SAFETY AUDITS FOR INFRASTRUCTURE PROJECTS

                  1.

                  Criteria at the draft design stage:

                              (a)

                              geographical location (e.g. exposure to landslides, flooding, avalanches), seasonal and climatic conditions and seismic activity;

                              (b)

                              types of and distance between junctions;

                              (c)

                              number and type of lanes;

                              (d)

                              kinds of traffic admissible to the new road;

                              (e)

                              functionality of the road in the network;

                              (f)

                              meteorological conditions;

                              (g)

                              driving speeds;

                              (h)

                              cross-sections (e.g. width of carriageway, cycle tracks, foot paths);

                              (i)

                              horizontal and vertical alignments;

                              (j)

                              visibility;

                              (k)

                              junctions layout;

                              (l)

                              public transport and infrastructures;

                              (m)

                              road/rail level crossings.

                  2.

                  Criteria for the detailed design stage:

                              (a)

                              layout;

                              (b)

                              coherent road signs and markings;

                              (c)

                              lighting of lit roads and intersections;

                              (d)

                              roadside equipment;

                              (e)

                              roadside environment including vegetation;

                              (f)

                              fixed obstacles at the roadside;

                              (g)

                              provision of safe parking areas;

                              (h)

                              vulnerable road users (e.g. pedestrians, cyclists, motorcyclists);

                              (i)

                              user-friendly adaptation of road restraint systems (central reservations and crash barriers to prevent hazards to vulnerable users).

                  3.

                  Criteria for the pre-opening stage:

                              (a)

                              safety of road users and visibility under different conditions such as darkness and under normal weather conditions;

                              (b)

                              readability of road signs and markings;

                              (c)

                              condition of pavements.

                  4.

                  Criteria for early operation: assessment of road safety in the light of actual behaviour of users.
                  Audits at any stage may involve the need to reconsider criteria from previous stages.

      ANNEX III
      RANKING OF HIGH ACCIDENT CONCENTRATION SECTIONS AND NETWORK SAFETY RANKING
      1.   Identification of road sections with a high accident concentration
      The identification of road sections with a high accident concentration takes into account at least the number of fatal accidents that have occurred in previous years per unit of road length in relation to the volume of traffic and, in case of intersections, the number of such accidents per location of intersections.
      2.   Identification of sections for analysis in network safety ranking
      The identification of sections for analysis in network safety ranking takes into account their potential savings in accident costs. Road sections shall be classified into categories. For each category of roads, road sections shall be analysed and ranked according to safety-related factors, such as accidents concentration, traffic volume and traffic typology.
      For each road category, network safety ranking shall result in a priority list of road sections where an improvement of the infrastructure is expected to be highly effective.
      3.   Elements of evaluation for expert teams’ site visits:

                  (a)

                  a description of the road section;

                  (b)

                  a reference to possible previous reports on the same road section;

                  (c)

                  the analysis of possible accident reports;

                  (d)

                  the number of accidents, of fatalities and of severely injured persons in the three previous years;

                  (e)

                  a set of potential remedial measures for realisation within different timescales considering for example:

                              —

                              removing or protecting fixed roadside obstacles,

                              —

                              reducing speed limits and intensifying local speed enforcement,

                              —

                              improving visibility under different weather and light conditions,

                              —

                              improving safety condition of roadside equipment such as road restraint systems,

                              —

                              improving coherence, visibility, readability and position of road markings (incl. application of rumble strips), signs and signals,

                              —

                              protecting against rocks falling, landslips and avalanches,

                              —

                              improving grip/roughness of pavements,

                              —

                              redesigning road restraint systems,

                              —

                              providing and improving median protection,

                              —

                              changing the overtaking layout,

                              —

                              improving junctions, including road/rail level crossings,

                              —

                              changing the alignment,

                              —

                              changing width of road, adding hard shoulders,

                              —

                              installing traffic management and control systems,

                              —

                              reducing potential conflict with vulnerable road users,

                              —

                              upgrading the road to current design standards,

                              —

                              restoring or replacing pavements,

                              —

                              using intelligent road signs,

                              —

                              improving intelligent transport systems and telematics services for interoperability, emergency and signage purposes.

      ANNEX IV
      ACCIDENT INFORMATION CONTAINED IN ACCIDENT REPORTS
      Accident reports include the following elements:

                  1.

                  precise as possible location of the accident;

                  2.

                  pictures and/or diagrams of the accident site;

                  3.

                  date and hour of accident;

                  4.

                  information on the road such as area type, road type, junction type incl. signalling, number of lanes, markings, road surface, lighting and weather conditions, speed limit, roadside obstacles;

                  5.

                  accident severity, including number of fatalities and injured persons, if possible according to common criteria to be defined in accordance with the regulatory procedure with scrutiny referred to in Article 13(3);

                  6.

                  characteristics of the persons involved such as age, sex, nationality, alcohol level, use of safety equipment or not;

                  7.

                  data on the vehicles involved (type, age, country, safety equipment if any, date of last periodical technical check according to applicable legislation);

                  8.

                  accident data such as accident type, collision type, vehicle and driver manoeuvre;

                  9.

                  whenever possible, information on the time elapsed between the time of the accident and the recording of the accident, or the arrival of the emergency services.


Avis juridique important

|

31979L0168

Council Directive 79/168/EEC of 5 February 1979 amending Directive 75/726/EEC on the approximation of the laws of the Member States concerning fruit juices and certain similar products

Official Journal L 037 , 13/02/1979 P. 0027 - 0028 Greek special edition: Chapter 03 Volume 24 P. 0054  Spanish special edition: Chapter 13 Volume 9 P. 0192  Portuguese special edition Chapter 13 Volume 9 P. 0192

****( 1 ) OJ NO C 261 , 6 . 11 . 1978 , P . 45 .  ( 2 ) OPINION DELIVERED ON 29/30 . 11 . 1978 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).  ( 3 ) OJ NO L 311 , 1 . 12 . 1975 , P . 40 .    COUNCIL DIRECTIVE   OF 5 FEBRUARY 1979   AMENDING DIRECTIVE 75/726/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING FRUIT JUICES AND CERTAIN SIMILAR PRODUCTS  ( 79/168/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 100 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),   WHEREAS COUNCIL DIRECTIVE 75/726/EEC OF 17 NOVEMBER 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING FRUIT JUICES AND CERTAIN SIMILAR PRODUCTS ( 3 ) DOES NOT PROVIDE FOR THE POSSIBILITY OF CORRECTING THE ACID CONTENT OF APPLE JUICES ;   WHEREAS IT HAS APPEARED NECESSARY , IN VIEW OF THE PRODUCTION CONDITIONS OBTAINING IN CERTAIN MEMBER STATES , TO MAKE IT POSSIBLE FOR SUCH MEMBER STATES TO AUTHORIZE THE ADDITION OF THREE GRAMS OF CITRIC ACID PER LITRE OF APPLE JUICE ;   WHEREAS THE ANNEX TO DIRECTIVE 75/726/EEC FIXES THE MINIMUM NATURAL ACID CONTENT FOR FRUIT NECTARS ;   WHEREAS THE INTRINSIC ANALYTIC CHARACTERISTICS OF SOME OF THE FRUIT PRODUCED IN LARGE QUANTITIES IN THE COMMUNITY DO NOT PERMIT COMPLIANCE WITH THE FIGURES THAT HAVE BEEN FIXED ;   WHEREAS , AS REGARDS THE PRODUCTION OF NON-PULPY NECTARS , THIS DIFFICULTY MAY BE OVERCOME BY LOWERING THE BOTTOM LIMIT OF THEIR NATURAL ACIDITY ;   WHEREAS , MOREOVER , IN THE CASE OF PULPY NECTARS OBTAINED FROM FRUITS WITH A LOW ACID CONTENT , IT IS NOT ALWAYS POSSIBLE FOR TECHNICAL REASONS TO INCREASE THE ACIDITY OF THE FINISHED PRODUCT BY USING A GREATER QUANTITY OF FRUIT ; WHEREAS THE CRITERION OF NATURAL ACIDITY SHOULD NOT THEREFORE BE APPLIED IN THIS CASE ;   WHEREAS THE SECOND INDENT OF THE SECOND SUBPARAGRAPH OF ARTICLE 18 ( 1 ) OF DIRECTIVE 75/726/EEC OBLIGES MEMBER STATES TO PROHIBIT TRADE IN THOSE PRODUCTS WHICH DO NOT COMPLY WITH THE DIRECTIVE THREE YEARS AFTER ITS NOTIFICATION ;   WHEREAS , BECAUSE OF POOR SALES IN 1977 , IT HAS NOT ALWAYS BEEN POSSIBLE TO DISPOSE OF EXISTING STOCKS BEFORE THE EXPIRY OF THIS TIME LIMIT ; WHEREAS THE MEMBER STATES SHOULD THEREFORE BE AUTHORIZED TO EXTEND THE TIME LIMIT IN QUESTION TO FOUR YEARS ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   DIRECTIVE 75/726/EEC SHALL BE AMENDED AS FOLLOWS :   1 . ARTICLE 16 ( 1 ) ( G ) SHALL BE REPLACED BY THE FOLLOWING :   ' ( G ) UP TO 3 G/L OF CRITIC ACID MAY BE ADDED TO :   -  GRAPE JUICE , WHERE SUCH ADDITION IS AUTHORIZED AT THE TIME OF NOTIFICATION OF THIS DIRECTIVE ;   -  APPLE JUICE ; '   2 . THE SECOND INDENT OF THE SECOND SUBPARAGRAPH OF ARTICLE 18 ( 1 ) SHALL READ AS FOLLOWS :   '  -  PROHIBIT TRADE IN THOSE PRODUCTS WHICH DO NOT COMPLY WITH THIS DIRECTIVE THREE YEARS AFTER NOTIFICATION . THIS TIME LIMIT MAY BE EXTENDED TO FOUR YEARS BY THE MEMBER STATES . '   3 . THE ANNEX SHALL BE REPLACED BY THE ANNEX HERETO .   ARTICLE 2   MEMBER STATES SHALL TAKE ALL NECESSARY STEPS TO COMPLY WITH THIS DIRECTIVE ,   -  WITH EFFECT FROM 19 NOVEMBER 1978 AS REGARDS ARTICLE 1  ( 2 ),   -  NOT LATER THAN 1 JULY 1980 AS REGARDS ARTICLE 1 ( 1 ) AND  ( 3 ).   ARTICLE 3   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 5 FEBRUARY 1979 .   FOR THE COUNCIL   THE PRESIDENT   P . MEHAIGNERIE ****    ANNEX   SPECIAL PROVISIONS RELATING TO FRUIT NECTARS    //   //   NECTARS MADE FROM  //  MINIMUM TOTAL ACID CONTENT EXPRESSED AS TARTARIC ACID ( G/L OF FINISHED PRODUCT ) //  MINIMUM JUICE AND/OR PUREE CONTENT  ( % BY WEIGHT OF FINISHED PRODUCT ) //  //   I . FRUITS WITH HIGHLY ACID JUICE INEDIBLE IN THEIR NATURAL STATE // GUAVAS //  6 //  25 // PASSION FRUIT ( PASSIFLORA EDULIS ) //  8 //  25 // BLACKCURRANTS //  8 //  25 // WHITECURRANTS //  8 //  25 // REDCURRANTS //  8 //  25 // GOOSEBERRIES //  9 //  30 // SALLOW-THORN BERRIES //  9 //  25 // SLOES //  8 //  30 // PLUMS //  6 //  30 // QUETSCHES //  6 //  30 // ROWANBERRIES //  8 //  30 // ROSE HIPS ( FRUITS OF ROSA SP .) //  8 //  40 // SOUR CHERRIES //  8 //  35 // OTHER CHERRIES //   6 ( 1 ) //  40 // BILBERRIES //  7 //  40 // ELDERBERRIES //  7 //  50 // RASPBERRIES //  7 //  40 // APRICOTS //   6 ( 1 ) //  40 // STRAWBERRIES //   5 ( 1 ) //  40 // MULBERRIES/BLACKBERRIES //  6 //  40 // CRANBERRIES //  9 //  30 // QUINCES //  7 //  50 // AZAROLES ( NEAPOLITAN MEDLARS ) //  8 //  30 // OTHER FRUITS BELONGING TO THIS CATEGORY //   -  //  25 // II . FRUITS WITH JUICE EDIBLE IN THEIR NATURAL STATE // APPLES //   3 ( 1 ) //  50 // PEARS //   3 ( 1 ) //  50 // PEACHES //   3 ( 1 ) //  45 // CITRUS FRUITS //  5 //  50 // OTHER FRUITS BELONGING TO THIS CATEGORY //   -  //  50 //  ( 1 ) LIMIT NOT APPLICABLE IN THE CASE OF THE PRODUCT REFERRED TO IN ARTICLE 3 ( 2 ) ( C ).