Avis juridique important

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31996L0002

Commission Directive 96/2/EC of 16 January 1996 amending Directive 90/388/EEC with regard to mobile and personal communications

Official Journal L 020 , 26/01/1996 P. 0059 - 0066

COMMISSION DIRECTIVE 96/2/EC of 16 January 1996 amending Directive 90/388/EEC with regard to mobile and personal communicationsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 90 (3) thereof,Whereas:(1) In its communication on the consultation on the Green Paper on mobile and personal communications of 23 November 1994, the Commission set out the major actions required for the future regulatory environment necessary to exploit the potential of this means of communication. It emphasized the need for the abolition, as soon as possible, of all remaining exclusive and special rights in the sector through full application of Community on competition rules and with the amendment of Commission Directive 90/388/EEC of 28 June 1990 competition in the markets for telecommunications services (1), as last amended by Directive 95/51/EC (2), where required. Moreover, the communication considered removing restrictions on the free choice of underlying facilities used by mobile network operators for the operation and development of their networks for those activities which are allowed by the licences or authorizations. Such a step was seen as essential in order to overcome current distortions of fair competition and, in particular, to allow such operators control over their cost base.(2) The Council Resolution of 29 June 1995 on the further development of mobile and personal communications in the European Union (3) gave general support to the actions required, as set out in the Commission's communication of 23 November 1994, and considered as one of the major goals the abolition of exclusive or special rights in this area.(3) The European Parliament, in its Resolution of 14 December 1995 concerning the draft Commission Directive amending Directive 90/388/EEC with regard to mobile and personal communications (4), welcomed this Directive in both its principles and its objectives.(4) Several Member States have already opened up certain mobile communications services to competition and introduced licensing schemes for such services. Nevertheless, the number of licences granted is still restricted in many Member States on the basis of discretion or, in the case of operators competing with telecommunications organizations subject to technical restrictions such as a ban on using infrastructure other than those provided by the telecommunications organization. Many Member States, for example, have still not granted licences for DCS 1800 mobile telephony.In addition, some Member States have maintained exclusive rights for the provision of certain mobile and personal communications services granted to the national telecommunications organization.(5) Directive 90/388/EEC provides for the abolition of special or exclusive rights granted by Member States in respect of the provision of telecommunications services. However, the Directive does not as yet apply to mobile services.(6) Where the number of undertakings authorized to provide mobile and personal communications services is limited by Member States through the existence of special rights and a fortiori exclusive rights, these constitute restrictions which would be incompatible with Article 90 in conjunction with Article 59 of the Treaty whenever such limitation is not justified under specific Treaty provisions or the essential requirements, since these rights prevent other undertakings from supplying the services concerned, to and from other Member States. In the case of mobile and personal communication networks and services, the applicable essential requirements encompass the effective use of the frequency spectrum and the avoidance of harmful interference between radio-based, space-based or terrestrial technical systems. Consequently, provided that the equipment used to offer the services also satisfies these essential requirements, the current special rights and a fortiori exclusive rights on the provision of mobile services are not justified and therefore should be treated in the same way as the other telecommunications services already covered by Directive 90/388/EEC. The scope of application of that Directive should accordingly be extended so as to include mobile and personal communications services.(7) When opening the markets for mobile and personal communications to competition Member States should give preference to the use of Pan-European standards in the area, such as GSM, DCS 1800, DECT and ERMES, in order to allow development and transborder provision of mobile and personal communications services.(8) Certain Member States have currently granted licences for digital mobile radio-based services making use of frequencies in the 1 700 to 1 900 Mhz band, according to the DCS 1800 standard. The Commission communication of 23 November 1994 established that DCS 1800 is to be seen as part of the GSM system family. The other Member States have not authorized such services even where frequencies are available in this band, thereby preventing the cross-border provision of such services. This is also incompatible with Article 90 in conjunction with Article 59. To remedy this situation, Member States which have not yet established a procedure for granting such licences should do so within a reasonable time-frame. In this context, due account should be taken of the requirement to promote investments by new entrants in these areas. Member States should be able to refrain from granting a licence to existing operators, for example to operators of GSM systems already present on their territory, if it can be shown that this would eliminate effective competition in particular by the extension of a dominant position. In particular, where a Member State grants or has already granted DCS 1800 licences, the granting of new or supplementary licences for existing GSM or DCS 1800 operators may take place only under conditions ensuring effective competition.(9) Digital European cordless telecommunications (DECT) services are also an essential element for the development towards personal communications. DECT provides an alternative to the current local loop access to the public switched telephone network. On 3 June 1991, the Council, by Directive 91/287/EEC, designated coordinated frequency bands for the introduction of DECT into the Community (5) to be implemented not later than 31 December 1991. Certain Member States are, however, preventing the use of these frequencies for such services by refusing to grant licences to companies which intend to start offering DECT services. Where telecommunications organizations were granted exclusive rights for the establishment of the public switched telephone network, the effect of such refusals is to strengthen their dominant position and also to delay the emergence of personal communications services and therefore restricts technical progress at the expense of the users contrary to Article 90 of the Treaty in conjunction with point (b) of Article 86. To remedy this situation Member States which have not yet established a procedure for granting such licences should also do so within a reasonable time-frame.(10) Even where licences were granted to competing mobile operators, Member States have in certain cases granted to one of them, in a discretionary manner, special legal advantages which were not granted to others. In such a situation, these advantages may be counterbalanced by special obligations and do not, necessarily, preclude the latter from entering and competing in the market. The compatibility of these advantages with the Treaty must therefore be assessed on a case-by-case basis taking into account their impact on the effective freedom of other entities to provide, in an efficient manner, the same telecommunications service and their possible justifications regarding the activity concerned.(11) The exclusive rights that currently exist in the mobile communications field were generally granted to organizations which already enjoyed a dominant position in creating the terrestrial networks, or to one of their subsidiaries. In such a situation, these rights have the effect of extending the dominant position enjoyed by those organizations and therefore strengthening that position, which, according to the case-law of the Court of Justice, constitutes an abuse of a dominant position contrary to Article 86 of the Treaty. The exclusive rights granted in the mobile and personal communications field are consequently incompatible with Article 90 read in conjunction with Article 86. These exclusive rights should consequently be abolished.(12) Moreover, as regards new mobile services, given the difficulty of ensuring that telecommunications organizations in those Member States with less developed networks which would qualify for a transitional time period for the abolition of the exclusive rights for the establishment and use of infrastructures required for a given mobile service, would not use this position to extend it to the market of the relevant mobile service, the Member States should, in order to prevent abuses of dominant positions contrary to the Treaty, abstain from granting such telecommunications organization, or any associated organization, a licence for this mobile service. Where telecommunications organization, do not or no longer enjoy exclusive rights for the establishment and the provision of the public network infrastructure, they should, however, not a priori be excluded from such licensing procedures.(13) Exclusive rights not only limit access to the market, but they also have the effect of restricting or preventing, to the disadvantage of users, the use of mobile and personal communications on offer, thereby holding back technical progress in this area. The telecommunications organizations have, in particular, maintained higher tariffs for mobile radiophony in comparison with fixed voice telephony which hinders competition at the expense of their main source of revenues.Where investment decisions are taken by undertakings in areas where they enjoy exclusive rights, these undertakings are in a position whereby they can decide to give priority to fixed network technologies, whereas new entrants may exploit mobile and personal technology even to compete with fixed services, in particular as regards the local loop. Thus, the exclusive rights imply that there is a restriction on the development of mobile and personal communications and this is incompatible with Article 90, read in conjunction with Article 86.(14) In order to establish the conditions under which mobile and personal communications systems are to be provided, Member States may introduce licensing or declaration procedures to ensure compliance with the applicable essential requirements and public service specifications in the form of trade regulations, subject to the proportionality principle. Public service specifications in the form of trade regulations relate to conditions of permanence, availability, and quality of the service. Such conditions may include the obligation to give service providers access to airtime on terms at least as favourable as those available to a service provision business owned by, or with ownership links to, a mobile network. This framework is without prejudice to the harmonization of the framework for licensing in the Community.The number of licences may be limited only in the case of scarcity of the frequency resources. Conversely, licensing is not justified when a mere declaration procedure would suffice to attain the relevant objective.As regards airtime resale and other mere provision of services by independent service providers or directly by mobile network operators on already authorized mobile systems, none of the applicable essential requirements would justify the introduction or maintenance of licensing procedures, given that such services do not consist of the provision of telecommunications services or the operation of a mobile communications network, but of the retail of authorized services, the provision of which is likely to be subject to conditions ensuring compliance with essential requirements or public service specifications in the form of trade regulations.They could therefore, besides the application of national fair trade rules concerning all similar retail activities, only be subject to a requirement of a declaration of their activities to the National Regulatory Authority of the Member States where they choose to operate. Mobile network operators could on the other hand refuse to allow service providers to distribute their services, in particular where these service providers did not adhere to a code of conduct for service providers in conformity with the competition rules of the Treaty, as far as such code exists.(15) In the context of mobile and personal communications systems radiofrequencies are a crucial bottleneck resource. The allocation of radiofrequencies for mobile and personal communications system by Member States according to criteria other than those which are objective, transparent and non-discriminatory constitutes a restriction incompatible with Article 90 in conjunction with Article 59 of the Treaty to the extent that operators from other Member States are disadvantaged in these allocation procedures. The development of effective competition in the telecommunications sector may be an objective justification to refuse the allocation of frequencies to operators already dominant in the geographical market.Member States should ensure that the procedure for allocation of radiofrequencies is based on objective criteria and without discriminatory effects. In this context Member States should, with regard to future designation of frequencies for specific communications services, publish the frequency plans as well as the procedures to be followed by operators to obtain frequencies within the designated frequency bands. Current frequency allocation should be reviewed by the Member States at regular intervals. In cases where the number of licences was limited on the basis of spectrum scarcity, Member States should also review whether advances in technology would allow spectrum to be made available for additional licences. Possible fees for the use of frequencies should be proportional and levied according to the number of channels effectively granted.(16) Most Member States currently oblige mobile operators to use the leased line capacity of telecommunications organizations for both internal network connections and for the routing of long distance portions of calls. As the charges for leased line rental represent a substantial proportion of the mobile operator's cost base, this requirement gives the supplying telecommunications organization, i.e. in many cases its direct competitor, a considerable influence on the commercial viability and cost structure of mobile operators. In addition, restrictions on the self-provision of infrastructure and the use of third party infrastructure is slowing down the development of mobile services, in particular because effective pan-European roaming for GSM relies on the widespread availability of addressed signalling systems, a technology which is not yet universally offered by telecommunications organizations throughout the Community.Such restrictions on the provision and use of infrastructures constrain the provision of mobile and personal communications services by operators from other Member States and are thus incompatible with Article 90 in conjunction with Article 59 of the Treaty. To the extent that the competitive provision of mobile voice services is prevented because the telecommunications organization is unable to meet the mobile operator's demand for infrastructures or will only do so on the basis of tariffs which are not oriented towards the costs of the leased line capacity concerned, these restrictions inevitably favour the telecommunications organization's offering of fixed telephony services, for which most Member States still maintain exclusive rights. The restriction on the provision and use of infrastructure thus infringes Article 90, in conjunction with Article 86 of the Treaty. Accordingly, Member States must lift these restrictions and grant, if requested, the relevant mobile operators on a non-discriminatory basis access to the necessary scarce resources to set up their own infrastructure including radiofrequencies.(17) Currently, the direct interconnection between mobile communications systems as well as between mobile communications systems and fixed telecommunications networks within a single Member State or between systems located in different Member States is restricted in mobile licences granted by many Member States without any technical justification. Furthermore, restrictions exist for the interconnection of such networks via networks other than the public telecommunications networks. In the Member States concerned, mobile operators are required to interconnect with other mobile operators via the telecommunications organization's fixed network. Such requirements result in additional costs and thus impede, in particular, the development of transborder provision of mobile communication services in the Community and therefore infringe Article 90, in conjunction with Article 59.As in most Member States exclusive rights for the provision of voice telephony and public fixed network infrastructure are maintained, potential abuses of the relevant telecommunications organization's dominant position can be prevented only if Member States ensure that interconnection of public mobile communications systems is made possible at defined interfaces with the public telecommunications network of those telecommunications organizations and that the interconnection conditions are based on objective criteria, justified by the cost of providing the interconnection service, are transparent, non-discriminatory, published in advance and allow the necessary tariff flexibility, including the application of off-peak rates. In particular, transparency is required in respect of cost-accounting of operators providing both fixed networks and mobile telecommunications networks. Special and exclusive rights in respect of the establishment of cross-border infrastructure for voice telephony are not affected by this Directive.In order to be able to ensure the full application of this Directive as regards interconnection, information on interconnection agreements must be available to the Commission on request.The drawing up of such national procedures for licensing and interconnection, is without prejudice to the harmonization of the latter at Community level by European Parliament and Council Directives, in particular within the framework of Directives on open network provision (ONP).(18) Article 90 (2) of the Treaty provides for an exception to the Treaty rules, and in particular to Article 86, in cases where the application of the latter would obstruct the performance, in law or in fact, of the particular tasks assigned to the telecommunications organizations. Pursuant to that provision, Directive 90/388/EEC allows exclusive rights to be maintained for a transitional period in respect of voice telephony.Voice telephony is defined in Article 1 of Directive 90/388/EEC as the commercial provision for the public of the direct transport and switching of speech in real time between public switched network termination points, enabling any user to use equipment connected to such a network termination point in order to communicate with another termination point. The direct transport and switching of speech via mobile and personal communications networks is not implemented between two public switched termination points and is therefore not voice telephony within the meaning of Directive 90/388/EEC.On the basis of Article 90 (2) of the Treaty, public service specifications in the form of trade regulations applicable to all authorized operators of mobile telecommunications services provided to the public, are, however, justified to ensure the fulfilment of objectives of general economic interest, such as ensuring geographical coverage or the implementation of Community-wide standards.(19) In its assessment of current restrictions imposed on mobile operators concerning the establishment and use of their own infrastructure and/or the use of third party infrastructures, the Commission will further consider the need for additional transition periods for Member States with less developed networks as called for in the Council's Resolution of 22 July 1993 on the review of the situation in the telecommunications sector and the need for further development in that market (6) in addition to the Council's Resolution of 22 December 1994 on the principles and timetable for the liberalization of telecommunications infrastructures (7). Although not covered by these resolutions there should be the possibility of requesting an additional transition period as regards the direct interconnection of mobile networks. The Member States which may request such an exception are Spain, Ireland, Greece and Portugal. However, only certain of these Member States do not allow GSM mobile operators to use own and/or third party infrastructures. A specific procedure should be provided in order to assess the possible justification for the maintenance of that regime for the provision of mobile and personal communications services for a transitional time period as set out in the said Council resolutions.(20) This Directive does not prevent measures being adopted in accordance with Community law and existing international obligations so as to ensure that nationals of Member States are afforded equivalent treatment in third countries,HAS ADOPTED THIS DIRECTIVE:Article 1 Directive 90/388/EEC is amended as follows:1. Article 1 (1) is amended as follows:(a) the following indents are inserted after the ninth indent:'- "mobile and personal communications services" means services other than satellite services whose provision consists, wholly or partly, in the establishment of radiocommunications to a mobile user, and makes use wholly or partly of mobile and personal communications systems,- "mobile and personal communications systems" means systems consisting of the establishment and operation of a mobile network infrastructure whether connected or not to public network termination points, to support the transmission and provision of radiocommunications services to mobile users,`;(b) the thirteenth indent is replaced by the following:'- "essential requirements" means the non-economic reasons in the public interest which may cause a Member State to impose conditions on the establishment and/or operation of telecommunications networks or the provision of telecommunications services. These reasons are the security of network operations, maintenance of network integrity, and where justified, interoperability of services, data protection, the protection of the environment and town and country planning objectives as well as the efficient use of the frequency spectrum and the avoidance of harmful interference between radio-based telecommunications systems and other space-based or terrestrial technical systems.Data protection may include protection of personal data, the confidentiality of information transmitted or stored as well as the protection of privacy.`2. Article 1 (2) is replaced by the following:'2. This Directive shall not apply to telex.`3. The following Articles 3a to 3d are inserted:'Article 3aIn addition to the requirements set out in the second paragraph of Article 2 Member States shall, in attaching conditions to licences or general authorizations for mobile and personal communications systems, ensure the following:(i) licensing conditions must not contain conditions other than those justified on the grounds of the essential requirements and, in the case of systems for use by the general public, public service requirements in the form of trade regulation within the meaning of Article 3;(ii) licensing conditions for mobile network operators must ensure transparent and non-discriminatory behaviour between fixed and mobile network operators in common ownership;(iii) licensing conditions should not include unjustified technical restrictions. Member States may not, in particular, prevent combination of licences or restrict the offer of different technologies making use of distinct frequencies, where multistandard equipment is available.As far as frequencies are available, member States shall award licences according to open, non-discriminatory, and transparent procedures.Member States may limit the number of licences for mobile and personal communications systems to be issued only on the basis of essential requirements and only where related to the lack of availability of frequency spectrum and justified under the principle of proportionality.Licence award procedures may consider public service requirements in the form of trade regulation within the meaning of Article 3, provided the solution which least restricts competition is chosen. The relevant conditions related to trade regulations may be attached to the licences granted.Member States which are granted an additional implementation period to abolish the restrictions with regard to infrastructure as provided for in Article 3c, shall not during that period grant any further mobile or personal communications licence to telecommunications organizations in such Member States do not or no longer enjoy exclusive or special rights, within the meaning of points (b) and (c) of the first paragraph of Article 2, for the establishment and the provision of the public network infrastructure, they shall not a priori be excluded from such licensing procedures.Article 3bThe designation of radiofrequencies for specific communication services must be based on objective criteria. Procedures must be transparent and published in an appropriate manner.Member States shall publish every year or make available on request, the allocation scheme of frequencies reserved for mobile and personal communications services, according to the scheme set out in the Annex, including the plans for future extension of such frequencies.This designation must be reviewed by Member States at regular appropriate intervals.Article 3cMember States shall ensure that all restrictions on operators of mobile and personal communications systems with regard to the establishment of their own infrastructure, the use of infrastructures provided by third and the sharing of infrastructure, other facilities and sites, subject to limiting the use of such infrastructures to those activities provided for in their licence or authorization, are lifted.Article 3dWithout prejudice to the future harmonization of national interconnection rules in the context of ONP, Member States shall ensure that direct interconnection between mobile communications systems, as well as between mobile communications systems and fixed telecommunications networks, is allowed. In order to achieve this, restrictions on interconnection shall be lifted.Member States shall ensure that operators of mobile communications systems for the public have the right to interconnect their systems with the public telecommunications network. To this end, Member States shall guarantee access to the necessary number of points of interconnection to the public telecommunications network in the licences for mobile services. Member States shall ensure that the technical interfaces offered at such points of interconnection are the least restrictive interfaces available as regards the features of the mobile services.Member States shall ensure that interconnection conditions with the public telecommunications network of the telecommunications organizations are set on the basis of objective criteria, are transparent and non-discriminatory, and compatible with the principle of proportionality. They shall ensure that, in case of appeal, full access to interconnection agreements is given to National Regulatory Authorities and that such information is made available to the Commission on request.`4. In the first sentence of Article 4 the word 'fixed` is inserted before the words 'public telecommunications networks`.Article 2 1. Without prejudice to Article 2 of Directive 90/388/EEC, and subject to the provision set out in paragraph 4 of this Article, Member States shall not refuse to allocate licences for operating mobile systems according to the DCS 1800 standard at the latest after adoption of a decision of the European Radiocommunications Committee on the allocation of DCS 1800 frequencies and in any case by 1 January 1998.2. Member States shall, subject to the provision set out in paragraph 4, not refuse to allocate licences for public access/Telepoint applications, including systems operation on the basis of the DECT standard as from the entry into force of this Directive.3. Member States shall not restrict the combination of mobile technologies or systems, in particular where multistandard equipment is available. When extending existing licences to cover such combinations Member States shall ensure that such extension is justified in accordance with the provisions of paragraph 4.4. Member States shall adopt, where required, measures to ensure the implementation of this Article taking account of the requirement to ensure effective competition between operators competing in the relevant markets.Article 3 Member States shall supply to the Commission, not later than nine months after this Directive has entered into force, such information as will allow the Commission to confirm that Article 1 as well as Article 2 (2) have been complied with.Member States shall supply to the Commission, not later than 1 January 1998, such information as will allow the Commission to confirm that Article 2 (1) has been complied with.Article 4 Member States with less developed networks may request at the latest three months from the entry into force of this Directive an additional implementation period of up to five years, in which to implement all or some of the conditions set out in Article 3c and in Article 3d (1) of Directive 90/388/EEC, to the extent justifiable by the need to achieve the necessary structural adjustments. Such a request must include a detailed description of the planned adjustments and a precise assessment of the timetable envisaged for their implementation. The information provided shall be made available to any interested party on demand.The Commission will assess such requests and take a reasoned decision within a time period of three months on the principle, implications and maximum duration of the additional period to be granted.Article 5 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 6 This Directive is addressed to the Member States.Done at Brussels, 16 January 1996.For the CommissionKarel VAN MIERTMember of the Commission(1) OJ No L 192, 24. 7. 1990, p. 10.(2) OJ No L 256, 26. 10. 1995, p. 49.(3) OJ No C 188, 22. 7. 1995, p. 3.(4) Resolution A4-0306/95.(5) OJ No L 144, 8. 6. 1991, p. 45.(6) OJ No C 213, 6. 8. 1993, p. 2.(7) OJ No C 379, 31. 12. 1994, p. 4.ANNEX 1. Frequency bands allocated to mobile systems.(specifying the number of channels, the service to which it is allocated and the review date of the allocation)2. Frequency bands which will be made available for mobile systems during the next year.3. Procedures envisaged to assign these frequencies to existing or new operators.


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32004L0077

Commission Directive 2004/77/EC of 29 April 2004 amending Directive 94/54/EC as regards the labelling of certain foods containing glycyrrhizinic acid and its ammonium salt (Text with EEA relevance)

Official Journal L 162 , 30/04/2004 P. 0076 - 0077

Commission Directive 2004/77/ECof 29 April 2004amending Directive 94/54/EC as regards the labelling of certain foods containing glycyrrhizinic acid and its ammonium salt(Text with EEA relevance)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,After consulting the Scientific Committee on Food,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 Directive 2000/13/EC(2) contains a list of foodstuffs for which the labelling must include one or more additional particulars.(2) The purpose of this Directive is to supplement that list with regard to certain foods containing glycyrrhizinic acid and its ammonium salt.(3) Glycyrrhizinic acid naturally occurs in the liquorice plant Glycyrrhiza glabra while its ammonium salt is manufactured from aqueous extracts of liquorice plant Glycyrrhiza glabra. Glycyrrhizinic acid and its ammonium salt are included in the Community register of flavouring substances laid down by Commission Decision 1999/217/EC of 23 February 1999 adopting a register of flavouring substances used in or on foodstuffs drawn up in application of Regulation (EC) No 2232/96 of the European Parliament and of the Council of 28 October 1996(3). Exposure to glycyrrhizinic acid and its ammonium salt occur mostly via consumption of liquorice confectionery, including chewing gum, herbal teas and other beverages.(4) The Scientific Committee on Food, in its opinion of 4 April 2003 on glycyrrhizinic acid and its ammonium salt, concluded that an upper limit for regular ingestion of 100 mg/day provides a sufficient level of protection for the majority of the population, consumption above this level may give rise to hypertension. However the Committee noted that within the human population there are subgroups for which this upper limit might not offer sufficient protection. These subgroups comprise people with medical conditions related to disturbed water- and electrolyte homeostasis.(5) These findings make it 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 these 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 these information by the consumers, the well known term "liquorice extracts" should be preferably used.(6) Directive 94/54/EC should therefore be amended accordingly.(7) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1Annex to Directive 94/54/EC is amended in accordance with the text set out in the Annex to this Directive.Article 21. 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.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 20 May 2005 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Article 4This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 5This Directive is addressed to the Member States.Done at Brussels, 29 April 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 109, 6.5.2000, p. 29. Directive as amended by Directive 2003/89/EC of the European Parliament and of the Council of 10 November 2003 (OJ L 308, 25.11.2003, p. 15).(2) OJ L 300, 23.11.1994, p. 14. Directive as amended by Council Directive 96/21/EC (OJ L 88, 5.4.1996, p. 5).(3) OJ L 84, 27.3.1999, p. 1. Decision as amended by Decision 2002/113/EC (OJ 49, 20.2.2002, p. 1).ANNEXIn Annex to Directive 94/54/EC, the following text is added:>TABLE>


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31975L0349

Commission Directive 75/349/EEC of 26 May 1975 on detailed rules concerning equivalent compensation and prior exportation under inward processing arrangements

Official Journal L 156 , 26/05/1975 P. 0025 Greek special edition: Chapter 02 Volume 2 P. 0078  Spanish special edition: Chapter 02 Volume 3 P. 0020  Portuguese special edition Chapter 02 Volume 3 P. 0020

++++( 1 ) OJ NO L 58 , 9 . 3 . 1969 , P . 1 .  ( 2 ) OJ NO L 73 , 26 . 3 . 1972 , P . 14 .  ( 3 ) OJ NO L 73 , 26 . 3 . 1972 , P . 5 .  COMMISSION DIRECTIVE OF 26 MAY 1975 ON DETAILED RULES CONCERNING EQUIVALENT COMPENSATION AND PRIOR EXPORTATION UNDER INWARD PROCESSING ARRANGEMENTS  ( 75/349/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ( 1 ) ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING , AS LAST AMENDED BY THE ACT ( 2 ) , ANNEXED TO THE TREATY ( 3 ) ON THE ACCESSION OF THE NEW MEMBER STATES TO THE EUROPEAN ECONOMIC COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY , SIGNED AT BRUSSELS ON 22 JANUARY 1972 , AND IN PARTICULAR ARTICLE 28 THEREOF ;  WHEREAS BY VIRTUE OF ARTICLE 24 OF THE SAID DIRECTIVE , WHERE THE CIRCUMSTANCES SO WARRANT , THE COMPETENT AUTHORITIES MAY , BY WAY OF DEROGATION FROM ARTICLE 2 ( 3 ) OF THIS DIRECTIVE , TREAT AS COMPENSATING PRODUCTS , PRODUCTS DERIVED FROM PROCESSING GOODS OF THE SAME KIND AND QUALITY AND HAVING THE SAME TECHNICAL CHARACTERISTICS AS THOSE OF THE IMPORTED GOODS ( SYSTEM OF EQUIVALENT COMPENSATION ) ,  WHEREAS BY VIRTUE OF ARTICLE 25 OF THE SAID DIRECTIVE , IN CASES COMING WITHIN ARTICLE 24 OF THIS DIRECTIVE , WHERE THE CIRCUMSTANCES SO WARRANT , PRODUCTS TREATED AS COMPENSATING PRODUCTS MAY , UNDER CONDITIONS DETERMINED BY THE COMPETENT AUTHORITIES , BE EXPORTED PRIOR TO THE IMPORTATION OF GOODS COVERED BY INWARD PROCESSING ARRANGEMENTS , AND ANY SUCH PRIOR EXPORTATION SHALL BE TREATED IN THE SAME WAY AS AN EXPORT WITHIN THE MEANING OF ARTICLE 2 ( 1 ) OF THE SAID DIRECTIVE ;  WHEREAS THE OPERATION OF THE SYSTEM OF EQUIVALENT COMPENSATION MAY VARY FROM ONE MEMBER STATE TO ANOTHER , AND IN ORDER TO AVOID SUCH DIFFERENCES INCOMPATIBLE WITH THE CONCEPT OF A CUSTOMS UNION IT IS DESIRABLE TO LAY DOWN CERTAIN MEASURES OF IMPLEMENTATION FOR COMPLEMENTARY HARMONIZATION IN THIS SPHERE ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS DIRECTIVE ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON INWARD PROCESSING ,  HAS ADOPTED THIS DIRECTIVE :  ARTICLE 1  1 . PRODUCTS OBTAINED FROM GOODS WHICH REPLACE GOODS WHICH HAVE BEEN OR ARE TO BE IMPORTED UNDER INWARD PROCESSING ARRANGEMENTS , IN SO FAR AS THEY SATISFY THE CONDITIONS OF ARTICLE 2 OF THIS DIRECTIVE , SHALL BE TREATED AS COMPENSATING PRODUCTS WITHIN THE MEANING OF ARTICLES 24 AND 25 OF THE COUNCIL DIRECTIVE OF 4 MARCH 1969 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN RESPECT OF INWARD PROCESSING , HEREINAFTER CALLED " THE BASIC DIRECTIVE " .  2 . FOR THE PURPOSES OF APPLICATION OF THIS DIRECTIVE GOODS WHICH REPLACE GOODS WHICH HAVE BEEN OR ARE TO BE IMPORTED UNDER INWARD PROCESSING ARRANGEMENTS , SHALL BE CALLED " COMPENSATION GOODS " , AND GOODS WHICH THEY REPLACE SHALL BE CALLED " IMPORT GOODS " .  3 . IN THIS DIRECTIVE :  - " EQUIVALENT COMPENSATION " MEANS THE SYSTEM PROVIDED FOR IN ARTICLE 24 OF THE BASIC DIRECTIVE ;  - " PRIOR EXPORTATION " MEANS THE SYSTEM PROVIDED FOR IN ARTICLE 25 OF THE BASIC DIRECTIVE .  ARTICLE 2  1 . COMPENSATION GOODS MUST EITHER :  - FULFIL THE CONDITIONS OF ARTICLES 9 AND 10 OF THE TREATY IN THE MEMBER STATE WHERE EQUIVALENT COMPENSATION TAKES PLACE , OR  - BE TAKEN INTO THE COMMUNITY UNDER INWARD PROCESSING ARRANGEMENTS GRANTED BY MEANS OF AN AUTHORIZATION OTHER THAN THAT GOVERNING IMPORT GOODS .  2 . COMPENSATION GOODS MUST FALL WITHIN THE SAME TARIFF SUBHEADING , BE OF THE SAME COMMERCIAL QUALITY AND POSSESS THE SAME TECHNICAL CHARACTERISTICS AS IMPORT GOODS .  HOWEVER , THE COMPETENT AUTHORITIES MAY ALLOW COMPENSATION GOODS , IN RELATION TO IMPORT GOODS , TO BE IN THE CATEGORY OF INTERMEDIATE PRODUCTS , AS DEFINED IN ARTICLE 15 ( 1 ) ( B ) OF THE BASIC DIRECTIVE , IN SO FAR AS COMPENSATION GOODS UNDERGO , AT THE PREMISES OF THE HOLDER OF THE AUTHORIZATION UNDER THE ARRANGEMENTS , THE ESSENTIAL PART OF THE PROCESSING OPERATIONS FOR WHICH THE SYSTEM WAS REQUESTED .  ARTICLE 3  THE COMPETENT AUTHORITIES SHALL ALLOW EQUIVALENT COMPENSATION OR PRIOR EXPORTATION EITHER :  - UNDER THE INWARD PROCESSING AUTHORIZATION REFERRED TO IN ARTICLE 4 ( 2 ) OF THE BASIC DIRECTIVE , OR  - ON A LATER APPLICATION BY THE HOLDER OF THE AUTHORIZATION .  ARTICLE 4  THE COMPETENT AUTHORITIES SHALL REFUSE THE BENEFIT OF EQUIVALENT COMPENSATION OR PRIOR EXPORTATION WHEN THE USE OF THESE WOULD LEAD TO AN UNJUSTIFIED ADVANTAGE IN REGARD TO RELIEF FROM CUSTOMS DUTIES , CHARGES HAVING EQUIVALENT EFFECT , AGRICULTURAL LEVIES AND OTHER CHARGES LAID DOWN WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY , OR OF A SPECIFIC SYSTEM APPLICABLE UNDER ARTICLE 235 OF THE TREATY TO CERTAIN GOODS WHICH RESULT FROM PROCESSING OF AGRICULTURAL PRODUCTS .  ARTICLE 5  1 . COMPENSATION GOODS BY THEIR SUBSTITUTION FOR IMPORT GOODS SHALL , FOR CUSTOMS PURPOSES , TAKE THE SAME STATUS AS THE LATTER , IN THE SAME WAY THAT IMPORT GOODS ON SUBSTITUTION SHALL , FOR CUSTOMS PURPOSES , TAKE THE SAME STATUS AS COMPENSATION GOODS .  2 . THE COMPETENT AUTHORITIES SHALL DETERMINE THE TIME WHEN THE SUBSTITUTION IS CONSIDERED AS HAVING TAKEN PLACE .  3 . PROCESSING OF COMPENSATION GOODS SHALL BE CARRIED OUT UNDER THE CONDITIONS OF AND IN ACCORDANCE WITH THE CRITERIA LAID DOWN IN THE DECISION OF THE COMPETENT AUTHORITIES REFERRED TO IN ARTICLE 3 .  ARTICLE 6  WITHOUT PREJUDICE TO THE CONDITIONS LAID DOWN IN ARTICLES 2 AND 4 , EQUIVALENT COMPENSATION MAY BE CONSIDERED AS JUSTIFIED BY THE COMPETENT AUTHORITIES WHEN THE KIND AND/OR CONDITION OF COMPENSATING PRODUCTS DOES NOT ALLOW A DISTINCTION TO BE MADE AS TO WHETHER THEY HAVE BEEN DERIVED FROM IMPORT GOODS OR FROM COMPENSATION GOODS .  ARTICLE 7  THE COMPETENT AUTHORITIES MAY CONSIDER THAT CIRCUMSTANCES WARRANT RECOURSE TO PRIOR EXPORTATION IN PARTICULAR WHEN :  ( A ) THERE IS THE RISK OF BEING UNABLE TO FULFIL STIPULATED TERMS OF DELIVERY BECAUSE OF THE TIME WHICH IT WOULD TAKE TO IMPORT THE GOODS TO BE PROCESSED AND , WHERE APPROPRIATE , TO OBTAIN COMPENSATING PRODUCTS ;  ( B ) RESTRICTIVE MEASURES IN RESPECT OF COMPENSATING PRODUCTS ARE EXPORTED FROM THE COUNTRY OF DESTINATION ;  ( C ) TRANSPORT PROBLEMS COULD ARISE ( TRANSPORT STRIKE , BOYCOTT , ETC . ) ;  ( D ) IMPORT GOODS ARE CONSIGNED TO A FIRM WITH A LIMITED EXPORT VOLUME IN RELATION TO ITS TOTAL OUTPUT ;  ( E ) FOR SEASONAL REASONS IMPORT GOODS CAN BE SUPPLIED ONLY DURING CERTAIN PERIODS .  ARTICLE 8  WHEN , AS IN THE SECOND INDENT OF ARTICLE 3 , PRIOR EXPORTATION IS SPECIALLY REQUESTED , THE PERSON CONCERNED MUST MAKE APPLICATION BEFORE THE EXPORTATION OF COMPENSATING PRODUCTS AND ESTABLISH , TO THE SATISFACTION OF THE COMPETENT AUTHORITIES , THE RELATIONSHIP BETWEEN THE EXPORTATION AND THE CORRESPONDING IMPORTATION TRANSACTION .  THE REQUEST SHALL SPECIFY , IN PARTICULAR :  - THE NATURE , QUANTITY AND VALUE OF THE COMPENSATING PRODUCTS IN RESPECT OF WHICH APPLICATION FOR ANTICIPATED EXPORTATION IS MADE ,  - THE NATURE , TARIFF SUBHEADING , COMMERCIAL QUALITY AND QUANTITY OF THE GOODS TO BE SUBSEQUENTLY IMPORTED .  ARTICLE 9  1 . THE COMPETENT AUTHORITIES SHALL PRESCRIBE THE TIME LIMIT WITHIN WHICH THE IMPORTATION OF IMPORT GOODS CORRESPONDING TO A PRIOR EXPORTATION OF COMPENSATING PRODUCTS MUST TAKE PLACE .  2 . SUBJECT TO PARTICULAR PROVISIONS ADOPTED WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY THIS TIME LIMIT SHALL :  - BE OF THREE MONTHS MAXIMUM FOR GOODS WHICH ARE SUBJECT TO A PRICE-REGULATING MECHANISM UNDER THE PROVISIONS OF THE ABOVEMENTIONED COMMON AGRICULTURAL POLICY ,  - BE FIXED CASE BY CASE FOR GOODS REFERRED TO IN ARTICLE 7 ( E ) IN THE LIGHT OF SPECIFIC NEEDS , WITHOUT IT EXCEEDING A MAXIMUM PERIOD OF THREE MONTHS FOR GOODS REFERRED TO IN THE PRECEDING INDENT .  3 . FOR ALL OTHER GOODS THE TIME LIMIT SHALL ALSO BE FIXED CASE BY CASE IN THE LIGHT OF SPECIFIC NEEDS WITHOUT IT EXCEEDING SIX MONTHS . HOWEVER THIS TIME LIMIT MAY BE EXTENDED IF THE HOLDER OF AN AUTHORIZATION PRODUCES A DULY JUSTIFIED REQUEST ACCEPTABLE TO THE COMPETENT AUTHORITIES , PROVIDED THAT THE TOTAL PERIOD SHALL NOT EXCEED 12 MONTHS .  4 . THESE TIME LIMITS SHALL BE CALCULATED FROM THE DATE OF ACCEPTANCE BY THE COMPETENT AUTHORITIES OF THE EXPORT DOCUMENTS FOR COMPENSATING PRODUCTS .  ARTICLE 10  IN CASES WHERE COMPENSATING PRODUCTS SUBJECT TO PRIOR EXPORTATION WOULD BE LIABLE TO AN AGRICULTURAL LEVY OR OTHER TAXES UNDER THE PROVISIONS OF THE COMMON AGRICULTURAL POLICY , OR UNDER THOSE OF A SPECIFIC SYSTEM APPLICABLE UNDER ARTICLE 235 OF THE TREATY TO CERTAIN GOODS WHICH RESULT FROM PROCESSING OF AGRICULTURAL PRODUCTS , IF THEY WERE NOT EXPORTED AT THE TERMINATION OF AN INWARD PROCESSING OPERATION , THE COMPETENT AUTHORITIES SHALL TAKE SUCH MEASURES AS ARE NECESSARY TO ENSURE THE RECOVERY OF THIS CHARGE , IN THE EVENT OF THE IMPORTATION OF IMPORT GOODS NOT HAVING BEEN CARRIED OUT WITHIN THE PRESCRIBED TIME LIMIT .  ARTICLE 11  1 . IMPORTATION OF IMPORT GOODS MAY BE CARRIED OUT ONLY BY THE HOLDER OF THE AUTHORIZATION OF PRIOR EXPORTATION , OR ON HIS BEHALF .  2 . THE COMPETENT AUTHORITIES MAY PRESCRIBE IN THE AUTHORIZATION THAT THE EXPORT AND IMPORT TRANSACTIONS MUST BE CARRIED OUT AT THE SAME CUSTOMS OFFICE .  ARTICLE 12  THE MEMBER STATES SHALL BRING INTO FORCE , NOT LATER THAN 1 JANUARY 1976 , THE MEASURES NECESSARY TO COMPLY WITH THIS DIRECTIVE .  ARTICLE 13  AUTHORIZATIONS ISSUED BEFORE THE DATE PROVIDED FOR IN ARTICLE 12 MUST BE ADJUSTED TO THE PROVISIONS OF THIS DIRECTIVE WITH EFFECT FROM THAT DATE .  ARTICLE 14  EACH MEMBER STATE SHALL NOTIFY THE COMMISSION OF THE PROVISIONS IT MAKES TO IMPLEMENT THIS DIRECTIVE .  THE COMMISSION SHALL COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 15  THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .  DONE AT BRUSSELS , 26 MAY 1975 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


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32004L0047

Commission Directive 2004/47/EC of 16 April 2004 amending Directive 95/45/EC as regards mixed carotenes (E 160 a (i)) and beta-carotene (E 160 a (ii)) (Text with EEA relevance)

Official Journal L 113 , 20/04/2004 P. 0024 - 0027

Commission Directive 2004/47/ECof 16 April 2004amending Directive 95/45/EC as regards mixed carotenes (E 160 a (i)) and beta-carotene (E 160 a (ii))(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption(1), and in particular Article 3(3)(a) thereof,After consulting the Scientific Committee for Food,Whereas:(1) Commission Directive 95/45/EC of 26 July 1995 laying down specific purity criteria concerning colours for use in foodstuffs(2) sets out the purity criteria for the colours mentioned in Directive 94/36/EC of the European Parliament and of the Council of 30 June 1994 on colours for use in foodstuffs(3).(2) It is necessary, in the light of technical progress, to amend the purity criteria set out in Directive 95/45/EC for mixed carotenes (E 160 a (i)) and beta-carotene (E 160 a (ii)).(3) It is necessary to take into account the specifications and analytical techniques for additives as set out in the Codex Alimentarius as drafted by the Joint FAO/WHO Expert Committee on Food Additives (JECFA).(4) Directive 95/45/EC should therefore be amended accordingly.(5) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE:Article 1The Annex to Directive 95/45/EC is amended in accordance with the Annex to this Directive.Article 21. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 April 2005 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 shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.Article 3Products on the market or labelled before 1 April 2005 which do not comply with this Directive may be marketed until stocks are exhausted.Article 4This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Article 5This Directive is addressed to the Member States.Done at Brussels, 16 April 2004.For the CommissionDavid ByrneMember of the Commission(1) OJ L 40, 11.2.1989, p. 27. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).(2) OJ L 226, 22.9.1995, p. 1. Directive as last amended by Directive 2001/50/EC (OJ L 190, 12.7.2001, p. 14).(3) OJ L 237, 10.9.1994, p. 13. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).ANNEXIn the Annex, the text concerning mixed carotenes (E 160 a (i)) and beta-carotene (E 160 a (ii)) is replaced by the following:"E 160 a (i) MIXED CAROTENES1. Plant carotenes>TABLE>2. Algal carotenes>TABLE>E 160 a (ii) BETA-CAROTENE1. Beta-carotene>TABLE>2. Beta-carotene from Blakeslea trispora>TABLE>"


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31996L0020

Commission Directive 96/20/EC of 27 March 1996 adapting to technical progress Council Directive 70/157/EEC relating to the permissible sound level and the exhaust system of motor vehicles (Text with EEA relevance)

Official Journal L 092 , 13/04/1996 P. 0023 - 0035

COMMISSION DIRECTIVE 96/20/EC of 27 March 1996 adapting to technical progress Council Directive 70/157/EEC relating to the permissible sound level and the exhaust system of 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 70/156/EEC of 6 February 1970, on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Commission Directive 95/54/EC (2) and in particular Article 13 (2) thereof,Having regard to Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (3), as last amended by Directive 92/97/EEC (4), and in particular Article 3 thereof,Whereas Directive 70/157/EEC is one of the separate Directives of the EC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive;Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC necessitate that each separate Directive has attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval certificate based on Annex VI thereto in order that type-approval may be computerized;Whereas, the recent developments in engine technology make it necessary to define more explicitly the testing process, particularly in the case of heavy vehicles, insofar as the feasibility and the repetition of such tests is concerned;Whereas the provisions of this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1 1. The Articles of Directive 70/157/EEC shall be amended as follows:- Article 1 to read at the end: '. . . rails and of agricultural and forestry tractors and all mobile machinery.`,- in Article 2, second indent, and Article 2a, paragraph 2, replace 'Article 9a` by 'Article 2`,- in Article 3, replace 'the Annex` by 'the Annexes`.2. The Annexes to Directive 70/157/EEC shall be amended in accordance with the Annex to this Directive.Article 2 1. With effect from 1 October 1996 Member States may not, on grounds relating to the permissible sound level or the exhaust system:- refuse, in respect of a type of vehicle or a type of exhaust system, to grant EC type-approval or national type-approval, or- prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of exhaust systems,if the vehicles or exhaust systems comply with the requirements of Directive 70/157/EEC, as amended by this Directive.2. With effect from 1 January 1997 Member States:- shall no longer grant EC type-approval, and- shall refuse to grant national type-approval,for a type of vehicle on grounds relating to its permissible sound level and for a type of exhaust system, if the requirements of Directive 70/157/EEC, as amended by this Directive, are not fulfilled.3. Notwithstanding paragraph 2, for the purposes of replacement parts, Member States shall continue to grant EC type-approval, and to permit the sale and entry into service, of exhaust systems in accordance with previous versions of Directive 70/157/EEC provided that such exhaust systems:- are intended to be fitted to vehicles already in use, and- comply with the requirements of that Directive which were applicable when the vehicles were first registered.Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 October 1996. They shall forthwith inform the Commission thereof.2. When the Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.3. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.Article 4 This Directive shall enter into force the twentieth day after its publication in the Official Journal of the European Communities.Article 5 This Directive is addressed to the Member States.Done at Brussels, 27 March 1996.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 42, 23. 2. 1970, p. 1.(2) OJ No L 266, 8. 11. 1995, p. 1.(3) OJ No L 42, 23. 2. 1970, p. 16.(4) OJ No L 371, 19. 12. 1992, p. 1.ANNEX A list of Annexes shall be inserted between the Articles and Annex I to read:'List of AnnexesANNEX I: EC type-approval in respect of the sound level of a type of motor vehicleAppendix 1: Information documentAppendix 2: Type-approval certificateANNEX II: EC type-approval of exhaust systems as separate technical unitsAppendix 1: Information documentAppendix 2: Type-approval certificateAppendix 3: Model for the EC type-approval markANNEX III: Checks on conformity of productionANNEX IV: Test track specifications`.Amendments to Annex I:The footnote to item 1.1.7. shall be amended to read:'(1) In accordance with the definitions given in Annex II A to Directive 70/156/EEC.`Item 2.1. shall be amended to read:'2.1. The application for EC type-approval pursuant to Article 3 (4) of Directive 70/156/EEC of a vehicle type with regard to its sound level shall be submitted by the vehicle manufacturer.`Item 2.2. shall be amended to read:'2.2. A model for the information document is given in Appendix 1.`Items 2.2.1. to 2.2.4. inclusive shall be deleted.In item 2.3. the words 'or his authorized representative` shall be deleted.Item 2.5. shall be deleted.Item 4. shall be amended to read:'4. Granting of EC type-approval4.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4 (3) and, if applicable, 4 (4) of Directive 70/156/EEC shall be granted.4.2. A model for the EC type-approval certificate is given in Appendix 2.4.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each vehicle type approved. The same Member State shall not assign the same number to another vehicle type.`In item 5.2.1.2. 'Annex III` shall read 'Appendix 2`.In item 5.2.2.3.1. 'Annex VI` shall read 'Annex IV`.In item 5.2.2.3.4. the text of the second paragraph shall read:'The tyres used for the test are selected by the vehicle manufacturer and shall comply with commercial practice and be available on the market; they shall correspond to one of the tyre-size designations (see item 2.17. of Annex II to Council Directive 92/23/EEC (*)) indicated for the vehicle by the vehicle manufacturer according to item 1.5. of the Addendum to Appendix 2 and in the case of vehicles of categories M1 and N1 meet the requirements of Directive 89/459/EEC regarding the minimum tread depth; for vehicles of other categories, the minimum tread depth specified in Directive 89/459/EEC will be applied as if the vehicles were within the scope of that Directive. The tyres must be inflated to the appropriate pressure(s) for the test mass of the vehicle(*) OJ No L 129, 14. 5. 1992, p. 95.`In item 5.2.2.4.3.3.1.1. at the end of the third paragraph, it shall be added:'If the engine speed "S" is still attained with an approach engine speed corresponding to the idle speed, then the test will be performed only in third gear and the relevant results have to be evaluated.`In item 5.2.2.4.3.3.1.2. it shall be added at the end:'However, the vehicle is deemed representative of its type also, if, on the applicant's request, the tests are extended over more ratios than foreseen, and the highest sound level is obtained between the extreme ratios tested.`In items 5.2.3.1. and 5.2.3.5.1. 'Annex III` shall read 'Appendix 2`.In items 5.3.2. 'Article 8 (3)` shall read 'Article 11 (2) or 11 (3)`.Item 6. shall read:'6. Modifications of the type and amendments of approval6.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.`The sub-items of item 7. shall read:'7.1. Measures to ensure the conformity of production shall be taken in accordance with the requirements laid down in Article 10 of Directive 70/156/EEC.7.2. Special provisions:7.2.1. The tests referred to in item 2.3.5. of Annex X to Directive 70/156/EEC are those laid down in Annex III (I) to this Directive.7.2.2. The frequency of inspections referred to in item 2.4. of Annex X to Directive 70/156/EEC is normally one every two years.`After figure 4 the following Appendices 1 and 2 shall be added:'Appendix 1>START OF GRAPHIC>Information document No . . . pursuant to Annex I of Council Directive 70/156/EEC (*) relating to EC type-approval of a vehicle with respect to the permissible sound level and the exhaust system (Directive 70/157/EEC, as last amended by Directive . . . /. . . /EC)The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.0. General0.1. Make (trade name of manufacturer):0.2. Type and general commercial description(s):0.3. Means of identification of type, if marked on the vehicle (b):0.3.1. Location of that marking:0.4. Category of vehicle (c):0.5. Name and address of manufacturer:0.8. Address(es) of assembly plant(s):(*) The item numbers and footnotes used in this information document correspond to those set out in Annex I to Directive 70/156/EEC. Items not relevant for the purpose of this Directive are omitted.1. General construction characteristics of the vehicle1.1. Photographs and/or drawings of a representative vehicle:1.3.3. Powered axles (number, position, interconnection):1.6. Position and arrangement of the engine:2. Masses and dimensions (e) (in kg and mm) (Refer to drawing where applicable)2.4. Range of vehicle dimensions (overall)2.4.1. For chassis without bodywork2.4.1.1. Length (j):2.4.1.2. Width (k):2.4.2. For chassis with bodywork2.4.2.1. Length (j):2.4.2.2. Width (k):2.6. Mass of the vehicle with bodywork in running order, or mass of the chassis with cab if the manufacturer does not fit the bodywork (with standard equipment, including coolant, oils, fuel, tools, spare wheel and driver) (o) (maximum and minimum):3. Power plant (q)3.1. Manufacturer:3.1.1. Manufacturer's engine code: (As marked on the engine, or other means of identification)3.2. Internal combustion engine3.2.1.1. Working principle: positive ignition /compression ignition, four stroke/two stroke (1)3.2.1.2. Number and arrangement of cylinders:3.2.1.2.3. Firing order:3.2.1.3. Engine capacity (s): .......... cm33.2.1.8. Maximum net power (t): .......... kW at .......... min-1 (manufacturer's declared value)3.2.4. Fuel feed3.2.4.1. By carburettor(s): yes/no (1)3.2.4.1.2. Type(s):3.2.4.1.3. Number fitted:3.2.4.2. By fuel injection (compression ignition only): yes/no (1)3.2.4.2.2. Working principle: Direct injection/pre-chamber/swirl chamber (1)3.2.4.2.4. Governor3.2.4.2.4.1. Type:3.2.4.2.4.2.1. Cut-off point under load: .......... min -13.2.4.3. By fuel injection (positive ignition only): yes/no (1)3.2.4.3.1. Working principle: Intake manifold (single-/multi-point (1))/direct injection/other (specify) (1)(1) Delete where not applicable.3.2.8. Intake system3.2.8.4.2. Air filter, drawings: ..........; or3.2.8.4.2.1. Make(s):3.2.8.4.2.2. Type(s):3.2.8.4.3. Intake silencer, drawings: .........., or3.2.8.4.3.1. Make(s):3.2.8.4.3.2. Type(s):3.2.9. Exhaust system3.2.9.2. Description and/or drawing of the exhaust system:3.2.9.4. Exhaust silencer(s):For front, centre, rear silencer: construction, type, marking; where relevant for exterior noise: reducing measures in the engine compartment and on the engine:3.2.9.5. Location of the exhaust outlet:3.2.9.6. Exhaust silencer containing fibrous materials:3.2.12.2.1. Catalytic convertor: yes/no (1)3.2.12.2.1.1. Number of catalytic convertors and elements:3.3. Electric motor3.3.1. Type (winding, excitation):3.3.1.1. Maximum hourly output: .......... kW3.3.1.2. Operating voltage:.......... V3.4. Other engines or motors or combinations thereof (particulars regarding the parts of such engines or motors):4. Transmission (v)4.2. Type (mechanical, hydraulic, electric, etc.):4.6. Gear ratiosGear / Internal gearbox ratios (ratios of engine to gearbox output shaft revolutions) / Final drive ratio(s) (ratio of gearbox output shaft to driven wheel revolutions / Total gear ratiosMaximum for CVT (*)123. . .Minimum for CVT (*)Reverse(*) Continuously variable transmission(1) Delete where not applicable.4.7. Maximum vehicle speed (and gear in which this is achieved) (in km/h) (w):6. Suspension6.6. Tyres and wheels6.6.2. Upper and lower limits of rolling radii6.6.2.1. Axle 1:6.6.2.2. Axle 2:6.6.2.3. Axle 3:6.6.2.4. Axle 4:etc.9. Bodywork (not applicable for vehicles of category M1)9.1. Tpe of bodywork:9.2. Materials used and method of constriction12. Miscellaneous12.5. Details of any non-engine devices designed to reduce noise (if not covered by other items):Additional information in the case of off-road vehicles1.3. Number of axles and wheels:2.4.1. For chassis without bodywork2.4.1.4.1. Approach angle (na): .......... degrees2.4.1.5.1. Departure angle (nb): .......... degrees2.4.1.6. Ground clearance (as defined in point 4.5 of section A of Annex II to Directive 70/156/EEC)2.4.1.6.1. Between the axles:2.4.1.6.2. Under the front axle(s):2.4.1.6.3. Under the rear axle(s):2.4.1.7. Ramp angle (nc): .......... degrees2.4.2. For chassis with bodywork2.4.2.4.1. Approach angle (na): .......... degrees2.4.2.5.1. Departure angle (nb): .......... degrees2.4.2.6. Ground clearance (as defined in point 4.5 of section A of Annex II to Directive 70/156/EEC)2.4.2.6.1. Between the axles:2.4.2.6.2. Under the front axle(s):2.4.2.6.3. Under the rear axle(s):2.4.2.7. Ramp angle (nc): .......... degrees2.15. Hill-starting ability (solo vehicle): .......... percent4.9. Differential lock: yes/no/optional (1)Date, File(1) Delete where not applicable.>END OF GRAPHIC>Appendix 2>START OF GRAPHIC>MODELEC TYPE-APPROVAL CERTIFICATE(Maximum Format: A4 (210 × 297 mm))Stamp of administrationCommunication concerning the- type-approval (1)- extension of type-approval (1)- refusal of type-approval (1)- withdrawal of type-approval (1)of a type of a vehicle/component/separate technical unit (1) with regard to Directive . . . /. . . /EEC, as last amended by Directive . . . /. . . /EC.Type-approval number:Reason for extension:SECTION I0.1. Make (trade name of manufacturer):0.2. Type and general commercial description(s):0.3. Means of identification of type if marked on the vehicle/component/separate technical unit (1) (2)0.3.1. Location of that marking:0.4. Category of vehicle (3):0.5. Name and address of manufacturer:0.7. In the case of components and separate technical units, location and method of affixing of the EC approval mark:0.8. Address(es) of assembly plant(s)SECTION II1. Additional information (where applicable): See Addendum2. Technical service responsible for carrying out the tests:3. Date of test report:4. Number of test report:5. Remarks (if any): See Addendum6. Place:7. Date:8. Signature:9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.Addendum to EC type-approval certificate No . . .concerning the type-approval of a vehicle with regard to Directive 70/157/EEC as last amended by Directive . . .1. Additional information:1.1. If necessary, list of vehicles covered by item 5.2.2.4.3.3.1.2. of Annex I:1.2. Engine1.2.1. Manufacturer:1.2.2. Type:1.2.3. Model:1.2.4. Rated maximum power .................... kW at .................... min - 1(1) Delete where not applicable.(2) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this type-approval certificate such characters shall be represented in the documentation by the symbol:"?" (e.g. ABC??123??).(3) As defined in Annex II A to Directive 70/156/EEC.1.3. Transmission: non-automatic gearbox/automatic gearbox (1)1.3.1. Number of gears:1.4. Equipment1.4.1. Exhaust silencer1.4.1.1. Manufacturer:1.4.1.2. Model:1.4.1.3. Type:.................... in accordance with drawing No: ....................1.4.2. Intake silencer1.4.2.1. Manufacturer:1.4.2.2. Model:1.4.2.3. Type: .................... in accordance with drawing No: ....................1.5. Tyre size:1.5.1. Description of tyre type used for type-approval testing:1.6. Measurements1.6.1. Sound level of moving vehicle:Measurement results	Left-hand side dB (A) (2) / Right-hand side dB (A) (2) / Position of gear leverfirst measurementsecond measurementthird measurementfourth measurementTest result: dB (A)/E (3)1.6.2. Sound level of stationary vehicle:dB (A) / Engine speedfirst measurementsecond measurementthird measurementTest result dB (A)/E (3)1.6.3. Sound level of compressed air noise:Measurement resultsLeft-hand side dB (A) (2) / Right-hand side dB (A) (2)first measurementsecond measurementthird measurementfourth measurementTest result dB (A)5. Remarks:`(1) Delete where inapplicable.(2) The measurement values are given with the 1 dB (A) deduction in accordance with provisions of item 5.2.2.5.1. of Annex I.(3) 'E` indicates that the measurements in question were conducted in accordance with this Directive.>END OF GRAPHIC>Amendments to Annex IIIn item 0. 'Article 9a` shall be replaced by 'Article 2`.Item 2.1. shall be amended to read:'2.1. The application of EC type-approval pursuant to Article 3 (4) of Directive 70/156/EEC in respect of a replacement exhaust system or component thereof as a separate technical unit shall be submitted by the vehicle manufacturer or the manufacturer of the separate technical unit in question.`Item 2.2. shall be amended to read:'2.2. A model for the information document is given in Appendix 1.`Item 2.2.1. to 2.2.3. inclusive, 2.4. and 3.1.3. shall be deleted.Footnote (1) to items 2.3.3. and 5.2.1. shall be amended to read:'(1) As prescribed in the version of this Directive which was applicable to the type-approval of the vehicle.`Items 3., 3.1., 3.1.1., 3.1.2. and 3.2. shall be renumbered 2.4., 2.4.1., 2.4.1.1., 2.4.1.2. and 2.4.2., respectively.Item 4. shall be renumbered 3. and shall be amended to read:'3. Granting of EC type-approval3.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4 (3) and, if applicable, Article 4 (4) of Directive 70/156/EEC shall be granted.3.2. A model for the EC type-approval certificate is given in Appendix 2.3.3. A type-approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of replacement exhaust system or component thereof approved as a separate technical unit; section 3 of the type-approval number shall indicate the number of the amending Directive which was applicable at the time of the vehicle type-approval. The same Member State shall not assign the same number to another type of replacement exhaust system or component thereof.`A new item 4. shall be added to read:'4. EC type-approval mark4.1. Every replacement exhaust system or component thereof, excluding fixing hardware and pipes, conforming to a type approved under this Directive shall bear an EC type-approval mark.4.2. The EC type-approval mark shall consist of a rectangle surrounding the lower case letter "e" followed by the distinguishing letter(s) or number of the Member State which has granted the approval:"1" for Germany"2" for France"3" for Italy"4" for the Netherlands"5" for Sweden"6" for Belgium"9" for Spain"11" for the United Kingdom"12" for Austria"13" for Luxembourg"17" for Finland"18" for Denmark"21" for Portugal"23" for Greece"IRL" for IrelandIt must also include in the vicinity of the rectangle the "base approval number" contained in section 4 of the type-approval number referred to in Annex VII to Directive 70/156/EEC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to Council Directive 70/157/EEC which was applicable at the time of the vehicle type-approval. For Directive 70/157/EEC, the sequence number is 00; for Directive 77/212/EEC the sequence number is 01; for Directive 84/424/EEC the sequence number is 02; for Directive 92/97/EEC the sequence number is 03.4.3. The mark must be clearly legible and indelible even when the replacement exhaust system or component thereof is fitted to the vehicle.4.4. An example of the EC type-approval mark is shown in Appendix 3.`Item 6. shall be replaced by the following new items 6. and 7.:'6. Modification of the type and amendments to approvals6.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.7. Conformity of production7.1. Measures to ensure the conformity of production shall be taken in accordance with the requirements laid down in Article 10 to Directive 70/156/EEC.7.2. Special provisions:7.2.1. The tests referred to item 2.3.5. of Annex X to Directive 70/156/EEC are those prescribed in Annex III (II) to this Directive.7.2.2. The frequency of inspections referred to in item 2.4. of Annex X to Directive 70/156/EEC is normally one every two years.`After Figure 3 the following Appendices 1, 2 and 3 shall be added:'Appendix 1>START OF GRAPHIC>Information Document No . . . relating to EC type-approval as separate technical unit of exhaust systems for motor vehicles (Directive 70/157/EEC, as last amended by Directive . . . /. . . /EC)The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.0. General0.1. Make (trade name of manufacturer):0.2. Type and general commercial description(s):0.5. Name and address of manufacturer:0.7. In the case of components and separate technical units, location and method of affixing of the EC approval mark:0.8. Address(es) of assembly plant(s):1. Description of the vehicle for which the device is intended (if the device is intended to be fitted to more than one vehicle type the information requested under this point shall be supplied for each type concerned)1.1. Make (trade name of manufacturer):1.2. Type and general commercial description(s):1.3. Means of identification of type, if marked on the vehicle:1.4. Category of vehicle:1.5. EC type-approval number with regard to sound level:1.6. All the information mentioned in items 1.1. to 1.5. of the type-approval certificate concerning the vehicle (Annex I, Appendix 2 to this Directive):2. Description of the device2.1. A description of the replacement exhaust system indicating the relative position of each system component, together with mounting instructions:2.2. Detailed drawings of each component, so that they can be easily located and identified, and reference to the materials used. These drawings must indicate the place provided for the compulsory affixing of the EC type-approval mark:Date, File>END OF GRAPHIC>Appendix 2>START OF GRAPHIC>MODELEC TYPE-APPROVAL CERTIFICATE(Maximum Format: A4 (210 × 297 mm))Stamp of administrationCommunication concerning the- type-approval (1)- extension of type-approval (1)- refusal of type-approval (1)- withdrawal of type-approval (1)of a type of a vehicle/component/separate technical unit (1) with regard to Directive . . ./. . ./EEC, as last amended by Directive . . ./. . ./EC.Type-approval number:Reason for extension:SECTION I0.1. Make (trade name of manufacturer):0.2. Type and general commercial description(s):0.3. Means of identification of type if marked on the vehicle/component/separate technical unit (1) (2):0.3.1. Location of that marking:0.4. Category of vehicle (3)0.5. Name and address of manufacturer:0.7. In the case of components and separate technical units, location and method of affixing of the EC approval mark:0.8. Address(es) of assembly plant(s):SECTION II1. Additional information (where applicable): See Addendum2. Technical service responsible for carrying out the tests:3. Date of test report:4. Number of test report:5. Remarks (if any): See Addendum6. Place:7. Date:8. Signature:9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.Addendum to EC type-approval certificate No . . .concerning the separate technical unit type-approval of exhaust systems for motor vehicles with regard to Directive 70/157/EEC as last amended by Directive . . .1. Additional information1.1. Composition of the separate technical unit:(1) Delete where not applicable.(2) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by the type-approval certificate such characters shall be represented in the documentation by the symbol: "?" (e.g. ABC??123??).(3) As defined in Annex II A to Directive 70/156/EEC.1.2. Trademark or trade name of the type(s) of motor vehicle to which the silencer is to be fitted (1):1.3. Type(s) of vehicle and its/their type-approval number(s):1.4. Engine1.4.1. Type (positive ignition, diesel):1.4.2. Cycles: two-stroke, four-stroke:1.4.3. Total cylinder capacity:1.4.4. Rated maximum engine power .................... kW at .................... min-11.5. Number of gear ratios:1.6. Gear ratios employed:1.7. Drive-axle ratios(s):1.8. Sound-level values:- moving vehicle: .................... dB (A), speed stabilized before acceleration at .................... km/h;- stationary vehicle: .................... dB (A), at .................... min-11.9. Variation in back pressure:1.10. Any restrictions in respect of use and mounting requirements:>END OF GRAPHIC>5. Remarks:Appendix 3MODEL FOR THE EC TYPE-APPROVAL MARK>REFERENCE TO A FILM>The exhaust system or component thereof bearing the above EC type-approval mark is a device which has been approved in Spain (e 9) pursuant to Directive 92/97/EEC (03) under the base approval number 0148.The figures used are only indicative.(1) If several types are indicated, items 1.3. to 1.10. inclusive must be completed in respect of each type.`Amendments to Annexes III, IV, V and VI:Annexes III and IV shall be deleted.Annex V shall be renumbered Annex III.In Annex III (1), item 2 shall read:'2. Testing proceduresThe methods of testing, conditions and measurements, measuring instruments and interpretation of results shall be those described in Annex I. The vehicle(s) under test shall be subject to the test for measurement of noise of vehicle in motion as described in item 5.2.2. of Annex I.`Annex VI shall be renumbered Annex IV.


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31985L0479

Commission Directive 85/479/EEC of 14 October 1985 amending Directive 77/794/EEC laying down detailed rules for implementing certain provisions of Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties

Official Journal L 285 , 25/10/1985 P. 0065 - 0067 Finnish special edition: Chapter 2 Volume 4 P. 0067  Spanish special edition: Chapter 02 Volume 14 P. 0098  Swedish special edition: Chapter 2 Volume 4 P. 0067  Portuguese special edition Chapter 02 Volume 14 P. 0098

*****COMMISSION  DIRECTIVE  of 14 October 1985  amending Directive 77/794/EEC laying down detailed rules for implementing certain provisions of Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties  (85/479/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties, and in respect of value added tax (1), as last amended by Directive 79/1071/EEC (2), and in particular Article 22 (1) thereof,  Whereas detailed rules for implementing certain provisions of Directive 76/308/EEC were laid down by Commission Directive 77/794/EEC (3); whereas the title of Directive 76/308/EEC was amended by Directive 79/1071/EEC; whereas the title of Directive 77/794/EEC must be amended accordingly;  Whereas Article 20 (2) of Directive 77/794/EEC provides that no request for assistance may be made if the amount of the relevant claim or claims is less than 750 ECU;  Whereas Article 12 (2) of Council Regulation (EEC) No 3/84 of 19 December 1983 introducing arrangements for movement within the Community of goods sent from one Member State for temporary use in one or more other Member States (4) provides for mutual assistance between Member States for the recovery of charges due as a result of an irregularity committed in one of them; whereas, however, it is stipulated that the Member State which is recovering the debt may alternatively apply the provisions of Directive 76/308/EEC;  Whereas Article 22 (5) of Commission Regulation (EEC) No 2364/84 of 31 July 1984 laying down detailed implementing provisions for the arrangements for movement within the Community of goods sent from one Member State for temporary use in one or more other Member States (5), provides that Article 12 (2) of Regulation (EEC) No 3/84 shall not apply where the amount to be recovered is less than 200 ECU;  Whereas, in order to allow, in accordance with Article 12 (2) of Regulation (EEC) No 3/84, the provisions adopted in accordance with Directive 76/308/EEC to be applied in cases where the amount to be recovered is 200 ECU or more, it is necessary to derogate from the principle that no request or assistance may be made under that Directive if the amount of the relevant claim or claims is less than 750 ECU;  Whereas Annex I to Directive 77/794/EEC, which contains the form to be used for requesting the information mentioned in Article 4 of Directive 76/308/EEC contains a material error which requires correcting;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee on Recovery,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Directive 77/794/EEC is hereby amended as follows:  1. The title is replaced by the following:  'Commission Directive of 4 November 1977 laying down detailed rules for implementing certain provisions of Council Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties, and in respect of value added tax'.  2. Article 20 (2) is replaced by the following:  '2. No request for assistance may be made if the amount of the relevant claim or claims is less than 750 ECU. This amount shall be reduced to 200 ECU if the request relates to the recovery of a claim payable as a result of an irregularity committed in the course of or in connection with an operation carried out under arrangements for movement of goods within the Community introduced by Council Regulation (EEC) No 3/84.'  3. Annex I is replaced by the Annex to this Directive.  Article 2  1. Member States shall take the measures necessary to comply with this Directive not later than 1 January 1986. They shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the measures which it takes in the field governed by this Directive. The Commission shall inform the other Member States thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 14 October 1985.  For the Commission  COCKFIELD  Vice-President  (1) OJ No L 73, 19. 3. 1976, p. 18.  (2) OJ No L 331, 27. 12. 1979, p. 10.  (3) OJ No L 333, 24. 12. 1977, p. 11.  (4) OJ No L 2, 4. 1. 1984, p. 1.  (5) OJ No L 222, 20. 8. 1984, p. 1.  ANNEX  'ANNEX I  DIRECTIVE 76/308/EEC  (Article 4)  1.2 // (Description of the applicant authority, address, telephone, telex and bank account numbers, etc. . . .)  //  //   // (Place and date of sending request)  //   // (File reference of applicant authority)  //   //   // To  // (Space reserved for the authority to whom the request is sent)  // (Name of the authority to whom the request is sent, Post Box, place, etc.)  //   //  //  REQUEST FOR INFORMATION  1.2.3 // I, the undersigned,  //  // acting as the agent duly authorized by the applicant authority  //   // (Name and official capacity)  //  indicated above, hereby request the following information to be obtained in accordance with Article 4 of Directive 76/308/EEC:  1.2.3 //   //   //   // Information relating to the person concerned (1)  // Information relating to the claim(s)  // Information requested  //   //   //   // (a) Name and { known (*) address assumed (*)  // - Amount of the relevant claim or claims (including possible interest and costs)  //  // (b) Other relevant information concerning the above person  // - Exact nature of the claim(s)  //   // - principal debtor  //   //   // - co-debtor  // - Other information  //   // - third party holding assets  //   //   //   //   //   //  // Other requested authorities  //   //   //   //   //   //  // (Signature)  //   //   // (Official stamp)  //   //   //  (*) Delete as appropriate.  (1) Natural or legal person.'


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31976L0117

Council Directive 76/117/EEC of 18 December 1975 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres

Official Journal L 024 , 30/01/1976 P. 0045 - 0048 Finnish special edition: Chapter 13 Volume 4 P. 0217  Greek special edition: Chapter 13 Volume 3 P. 0188  Swedish special edition: Chapter 13 Volume 4 P. 0217  Spanish special edition: Chapter 13 Volume 4 P. 0228  Portuguese special edition Chapter 13 Volume 4 P. 0228

COUNCIL DIRECTIVE  of 18 December 1975  on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres  (76/117/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 national legislation in force to ensure the safety of electrical equipment for use in potentially explosive atmospheres differs from one Member State to another, thus constituting a barrier to trade;  Whereas such differences may be eliminated if electrical equipment for use in potentially explosive atmospheres is required to comply with harmonized technical standards;  Whereas, however, the possibility should be borne in mind that certain types of equipment may offer an equivalent degree of safety to that of the harmonized standards although not complying with these standards;  Whereas provision should be made for an approved body to check that such equipment complies with the harmonized standards or offers a degree of safety which is at least equivalent ; whereas inspections must cover not only the documentation but also the construction and assembly of the equipment;  Whereas certificates and marks recognized in all Member States must be used to certify that the equipment has passed these inspections;  Whereas the technical specifications prescribed in the Directives concerning electrical equipment for use in potentially explosive atmospheres need to be promptly adapted in line with technical progress ; whereas, to facilitate the implementation of the appropriate necessary measures, a procedure should be laid down for close cooperation between the Member States and the Commission within a Committee on the adaptation to technical progress of the Directives on the removal of technical barriers to trade in electrical equipment for use in potentially explosive atmospheres;  Whereas it is possible that equipment for use in potentially explosive atmospheres, even though it has been certified and marked for free movement, may represent a safety risk ; whereas a procedure should therefore be laid down to obviate this risk,  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive shall apply to electrical equipment capable of use in a potentially explosive atmosphere with the exception of equipment designed for work underground in mines susceptible to fire damp and of medical equipment.   Article 2 For the purposes of this Directive'electrical equipment'means any constituent part of an electrical installation or any other electrical device.   Article 3 A "potentially explosive atmosphere" exists in spaces in which dangerous quantities of flammable substances may occur in the form of gas, vapour, haze or dust capable of combining with air to form potentially explosive mixtures.  (1)OJ No C 87, 2.9.1971, p. 4. (2)OJ No C 41, 29.4.1971, p. 6.     Article 4 1. Member States may not, on grounds of safety requirements for the design and manufacture of electrical equipment for use in a potentially explosive atmosphere, prohibit the sale or free movement or the use, for its proper purpose, of the electrical equipment referred to in Articles 1 and 2:    - if its conformity with the harmonized standards is attested by the certificate of conformity referred to in Article 8 validated by the affixing of the distinctive mark provided for in Article 10;       - if it differs from harmonized standards but a special inspection of its fabrication has established that it offers a degree of safety at least equivalent to that of the standards in question, and this is attested by an inspection certificate issued under the conditions laid down in Article 9, and validated by the affixing of the distinctive mark provided for in Article 10.         2. For the purposes of this Article, use for its proper purpose means the use of equipment in conjunction with gases, vapours, hazes or dusts capable of combining with air to form potentially explosive mixtures, as provided for in the harmonized standards of fabrication and as recorded in the certificates of conformity or inspection.  National laws, regulations and administrative provisions governing installation conditions may not result in discrimination in the use of electrical equipment covered by this Directive, manufactured in other Member States.  3. Where they are not subject to other Community provisions, installation conditions shall remain subject to the laws, regulations and administrative provisions of the country of destination.  4. For the purposes of this Directive harmonized standards are those to which reference will subsequently be made in specific Council Directives.  5. The specific Directives referred to in paragraph 4 may, in the case of certain equipment with simplified protection designed for use solely in spaces where the danger is limited, stipulate that conformity with the relevant harmonized standards may be attested by means of a less complex procedure, which may simply consist of the issue by the manufacturer of a declaration of conformity.   Article 5 1. Any amendments required to adapt to technical progress the provisions of the specific Directives, which provisions will be expressly indicated in each of those Directives, shall be adopted in accordance with the procedure in Article 7.  2. Any question relating to the inspection certificates referred to in the second indent of Article 4 (1) and issued under the conditions in Article 9 may also be examined under this procedure.   Article 6 1. A committee on the adaptation to technical progress of the Directives on the removal of technical barriers to trade in electrical equipment for use in potentially explosive atmospheres, hereinafter called "the committee", is hereby set up ; it shall be composed of representatives of the Member States under the chairmanship of a representative of the Commission.  2. The committee shall establish its own rules of procedure.   Article 7 1. If recourse is had to the procedure defined in this Article, the matter shall be placed before the committee by its chairman, on his own initiative or at the request of the representative of a Member State.  2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a period which may be fixed by the chairman according to the urgency of the matter. At least 41 votes in favour shall be required before it can deliver its opinion, 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 in accordance with the opinion of the committee.       (b) Where the proposed measures are not in accordance with the opinion of the committee or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall act by a qualified majority.       (c) If the Council has not acted within three months of the date on which the proposal was submitted, the Commission shall adopt the proposed measures.          Article 8 1. The certificate of conformity referred to in the first indent of Article 4 (1) shall be issued by one of the approved bodies referred to in Article 14. It shall attest that the type of equipment complies with the harmonized standards.  A copy of the main points in the certificate of conformity shall be forwarded to the Member States within one month of the issue of the certificate.  The approved body which has examined the equipment shall draw up a report which shall be at the disposal of the Member States.  2. The approved body which issues the certificate of conformity may withdraw this certificate if it finds that it should not have been issued or that the conditions stipulated by the approved body have not been met within a reasonable specified period. Furthermore, it may withdraw the certificate of conformity if the manufacturer distributes electrical equipment which is not in conformity with the approved prototype.   Article 9 1. The inspection certificate referred to in the second indent of Article 4 (1) shall be issued by one of the approved bodies referred to in Article 14. It shall attest that the type of equipment offers a degree of safety at least equivalent to that of the harmonized standards.  2. Before issuing the inspection certificate the approved body which has inspected the equipment, shall send the specifications of the equipment, the inspection records and the draft inspection certificates to the other Member States and/or to their approved supervisory bodies, which, within four months of receiving this information, may submit comments, ask for additional inspections and where appropriate refer the matter to the committee in accordance with Article 7. This correspondence shall be confidential.  3. If no Member State requests that the matter be referred to the committee by the end of the stipulated period, after considering the comments submitted in accordance with the procedure in paragraph 2, the approved body shall issue the inspection certificate if the result of any additional inspections is satisfactory.  4. If the matter is referred to the committee in accordance with the procedure provided for in Article 7, and if the committee's opinion is favourable, the approved body shall issue the inspection certificate.  5. A copy of the main points in the inspection certificate shall be forwarded to the Member States within one month of the issue of the certificate.  6. The approved body which issues the inspection certificate may withdraw the certificate if it finds that it should not have been issued or that conditions stipulated by the approved body have not been met within a reasonable specified period. Furthermore, it may withdraw the inspection certificate if the manufacturer distributes electrical equipment which is not in conformity with the approved prototype.   Article 10 1. The distinctive mark affixed to the equipment by the manufacturer shall be taken to mean that such equipment corresponds to the type which has received a certificate of conformity or an inspection certificate, that it has undergone any individual tests prescribed by the harmonized standards and meets the conditions mentioned in Articles 8 (2) and 9 (6).  The Member States shall take adequate measures to ensure that the aforesaid markings are affixed by the manufacturer only if he possesses a certificate of conformity or an inspection certificate.  2. Where required by the certificate of conformity or the inspection certificate, the equipment must be accompanied by instructions defining the special conditions governing its use.   Article 11 Member States shall make all necessary arrangements to ensure adequate surveillance of the manufacture of equipment covered by this Directive.   Article 12 1. If a Member State determines, on the basis of a substantive justification, that equipment, although  complying with the requirements of the relevant Directives, represents a hazard to safety, it may provisionally prohibit the sale of the equipment in its territory or subject it to special conditions. It shall immediately inform the other Member States and the Commission thereof, stating the grounds for its decision.  2. The Commission shall, within six weeks, consult the Member States concerned, following which it shall deliver its opinion without delay and take the appropriate steps.  3. If the Commission is of the opinion that technical adaptations to the Directive are necessary, such adaptations shall be adopted by either the Commission or the Council in accordance with the procedure laid down in Article 7. In that case, the Member State having adopted safeguard measures may maintain them until the entry into force of the adaptations.   Article 13 The standard form of the marks and certificates used by the Member States shall be published for information in the Official Journal of the European Communities.   Article 14 Each Member State shall forward to the other Member States and the Commission a list of the bodies approved by it to inspect the equipment and/or issue the certificates of conformity and the inspection certificates, and the addresses for the correspondence referred to in Articles 8 (1) and 9 (2) and (5). It shall also report any change in these lists.  The above notification shall commence not later than three months after notification of this Directive.   Article 15 Member States shall take all necessary preparatory measures for the entry into force of this Directive within 18 months of notification of the first specific Directive.   Article 16 This Directive is addressed to the Member States.     Done at Brussels, 18 December 1975.  For the Council  The President  M. TOROS