Tag Archives: Codification of Community law

Application of certain EU competition rules to agricultural products

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Application of certain EU competition rules to agricultural products

Outline of the Community (European Union) legislation about Application of certain EU competition rules to agricultural products

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Agriculture > General framework

Application of certain EU competition rules to agricultural products

Document or Iniciative

Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules of competition to the production of and trade in certain agricultural products [See amending acts].

Summary

This regulation states that, except for certain exceptions detailed below, Articles 101 to 106 of the Treaty on the Functioning of the European Union (TFEU) (ex-Articles 81 to 86 of the Treaty Establishing the European Community (TEC)) apply to all agreements, decisions and practices referred to in Articles 101(1) and 102 TFEU (ex-Article 81(1) and 82 TEC) relating to the production of, or trade in, agricultural products.

There are three exceptions. These general rules do not apply to:

  • agreements, decisions and practices that form an integral part of a national market organisation;
  • agreements, decisions and practices that are necessary in order to attain the objectives of the common agricultural policy (CAP);
  • certain agreements, decisions and practices of farmers or farmers’ associations belonging to a single European Union (EU) country, provided such agreements do not introduce an obligation to charge identical prices, exclude competition or jeopardise the objectives of the CAP.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1184/2006

24.8.2006

–

OJ L 214, 24.6.2006
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1234/2007

23.11.2007

–

OJ L 299, 16.11.2007

Regulation (EC) No 361/2008

14.5.2008

–

OJ L 121, 7.5.2008

Regulation (EC) No 491/2009

24.6.2009

–

OJ L 154, 17.6.2009

Successive amendments and corrections to Regulation (EC) No 1184/2006 have been incorporated into the basic text. This consolidated versionis for reference only.

Exceptional trade measures

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Exceptional trade measures

Outline of the Community (European Union) legislation about Exceptional trade measures

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Enlargement > The stabilisation and association process: the western balkans

Exceptional trade measures

Document or Iniciative

Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union’s Stabilisation and Association process (codified version).

Summary

The Western Balkan countries benefit from exceptional trade measures for their imports into the European Union (EU). These countries and territories are part of the Stabilisation and Association process.

The exceptional trade measures shall apply until 31 December 2010.

Trade preferences

Products originating in Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo shall be imported into the European Union without customs duties * or charges having equivalent effect and without quantitative restrictions * or measures having equivalent effect.

In addition, these trade preferences shall apply to certain agricultural products.

Conditions for entitlement

To benefit from the preferential measures, countries and territories must:

  • comply with the definition of originating product provided for in Regulation (EEC) No 2454/93; the products must have been wholly manufactured or have undergone sufficient processing in the country or territory;
  • undertake not to increase the level of taxes or restrictions on products imported from the EU;
  • combat fraud by means of administrative cooperation with the EU.

Beneficiaries should also engage in effective economic reforms and in cooperation with other countries concerned by the Stabilisation and Association process, in particular through the creation of a regional free trade area.

The Commission may suspend the trade preferences in whole or in part if a country fails to comply with its obligations.

Agricultural and fishery products

The customs duties applicable to certain fishery products and certain wines shall be suspended, within the limits defined in Annex I.

The customs duties applicable to imports of veal (baby beef) originating in Bosnia and Herzegovina, Serbia and Kosovo are defined in Annex II. The volume of the total annual tariff quota * is 11 475 tonnes, distributed as follows:

  • 1 500 tonnes (carcass weight) for products originating in Bosnia and Herzegovina;
  • 9 175 tonnes (carcass weight) for products originating in the customs territories of Serbia and Kosovo.

Imports of sugar products originating in Bosnia and Herzegovina, Serbia and Kosovo shall be subject to annual tariff quotas:

  • 12 000 tonnes (net weight) for products originating in Bosnia and Herzegovina;
  • 180 000 tonnes (net weight) for products originating in the customs territories of Serbia and Kosovo.

Regulation (EC) No 1234/2007 establishes procedures for the implementation of tariff quotas in relation to these products.

The Commission may take protective measures if imports of agricultural and fishery products cause serious disturbance to the EU’s internal market.

Keywords
  • Customs duties: a duty which alters the price of an imported product, irrespective of its name or technique, which results in a restriction on the free movement of goods.
  • Quantitative restriction: any trade regulation which may have the effect of limiting imports of goods, in terms of quantity or value (e.g. import quota).
  • Tariff quota: a trade measure which permits the total or partial suspension of the duties normally paid on an imported product, during a period of time or for a limited volume.

References

Act Entry into force – expiry date Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1215/2009

4.1.2010 – 31.12.2010

–

OJ L 328 of 15.12.2009

Related Acts

Proposal for a Regulation of the European Parliament and of the Council on amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union’s Stabilisation and Association process [COM(2010) 54 final- Not published in the Official Journal].
This Proposal aims to extend the validity of the trade preferences granted to the Western Balkan countries until 2015.
Procedure: 2010/0036/COD

Protection of the aquatic environment against discharges of dangerous substances

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Protection of the aquatic environment against discharges of dangerous substances

Outline of the Community (European Union) legislation about Protection of the aquatic environment against discharges of dangerous substances

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Environment > Water protection and management

Protection of the aquatic environment against discharges of dangerous substances (until 2013)

Document or Iniciative

Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (Codified version).

Summary

This Directive lays down rules for protection against, and prevention of, pollution resulting from the discharge of certain substances into the aquatic environment. It applies to inland surface water, territorial waters and internal coastal waters.

Two lists of dangerous substances have been compiled to combat pollution:

  • discharge of substances in list I must be eliminated; while
  • discharge of substances in list II must be reduced.

Pursuant to Annex IX of the Water Framework Directive (Directive 2000/60/EC), quality objectives and emission limit values are established by the “daughter directives” of Directive 2006/11/EC. Moreover, emission limit values for pollutants must be based on the best available techniques in line with Article 10 of Framework Directive 2000/60/EC.

All discharges of substances included in list I require prior authorisation by the competent authority in the Member State concerned. The authorisation is granted for a limited period and lays down emission standards which may be more stringent than the thresholds set by Community legislation, particularly to take account of the toxicity or persistence of the substance in the environment into which it is discharged. It is up to the Member States to ensure compliance with the emission standards.

For the substances on list II, the Member States adopt and implement programmes to preserve and improve water quality. All discharges are subject to prior authorisation by the competent authority in the Member State concerned that lays down the emission standards.

The Member States draw up an inventory of the discharges into the waters covered by this Directive and may take more severe measures than those laid down by Community legislation to reduce or eliminate pollution caused by dangerous substances.

The Directive lays down a procedure for revising and adding to the lists or transferring specific substances from list II to list I.

Before 22 December 2012, Member States may carry out surveillance and notification pursuant to Articles 5, 8 and 15 of the Water Framework Directive.

Background

This Directive codifies and replaces Directive 76/464/EEC and its subsequent amendments. This codification leads to the clarification and rationalisation of legislation. It takes into account the adoption of the water framework Directive and the international conventions on the protection of water courses and the marine environment.

The Directive is repealed by the Water Framework Directive as from 22 December 2013.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2006/11/EC

24.4.2006

–

OJ L 64 of 4.4.2006

Related Acts

Environmental quality standards

Council Directive 82/176/EEC [Official Journal L 81 of 27.3.1982].

This Directive sets limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry].
See consolidated version .

Council Directive 83/513/EEC [Official Journal L 291 of 24.10.1983]
This Directive sets limit values and quality objectives for cadmium discharges in the aquatic environment.
See consolidated version .

Council Directive 84/156/EEC [Official Journal L 74 of 17.3.1984]

This Directive sets limit values and quality objectives for mercury discharges in sectors other than the chlor-alkali electrolysis industry.
See consolidated version .

Council Directive [Official Journal L 274 of 17.10.1984].
This Directive sets limit values and quality objectives for discharges of hexachlorocyclohexane in the aquatic environment.

See consolidated version .

Council Directive 86/280/EEC [Official Journal L 181 of 4.7.1986]. This Directive sets limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 2006/11/EC.

See consolidated version .

Directive 2008/105/CE of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water, amending and repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive [Official Journal L 348 of 24.12.2008].
This Directive establishes environmental quality standards (EQS) in the field of water. These quality standards aim to combat surface water pollution by 33 priority chemical substances (Annex II). This Directive provides in particular for:

  • an amendment of the list of priority substances and the corresponding EQS;
  • transparent criteria to designate so-called “mixing” zones, within which standards may be exceeded under certain conditions;
  • the preparation of an inventory of emissions, discharges and losses. This inventory will be used to prepare the Commission Report which will check progress achieved in reducing or ceasing emissions of pollutant substances by 2018.

The Directive supplements the legislative framework introduced by the Water Framework Directive. It allows decisions to be made at all levels of governance. Member States have until December 2009 to prepare plans for the management of hydrographical districts and programmes of measures relating thereto.

Improvement of information

Directive 91/692/EEC [Official Journal L 377 of 31.12.1991].

This Directive aims at rationalizing and improving on a sectoral basis the provisions on the transmission of information and the publication of reports concerning certain Community Directives on the protection of the environment.

Decision 92/446/EEC [Official Journal L 247 of 27.8.1992].

This Decision draws up the outlines of questionnaires needed to monitor the implementation of and compliance with the provisions of all Directives in the water sector, including Directives 76/464/EEC, 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC.

Transfer Register

Regulation (EC) No 166/2006 [Official Journal OJ L 33 of 4.2.2006].
The EU introduces a European Pollutant Release and Transfer Register to improve access by the public to information and, in the long term, contribute to preventing and reducing pollution.

Passenger restraint devices on two-wheel vehicles

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Passenger restraint devices on two-wheel vehicles

Outline of the Community (European Union) legislation about Passenger restraint devices on two-wheel vehicles

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Internal market > Motor vehicles > Technical implications of road safety

Passenger restraint devices on two-wheel vehicles

Document or Iniciative

Directive 2009/79/EC of the European Parliament and of the Council of 13 July 2009 on passenger hand-holds on two-wheel motor vehicles (Codified version) (Text with EEA relevance).

Summary

This Directive sets out requirements for passenger hand-holds for all types of two-wheel motor vehicles in Category L.

Types of vehicle concerned by the Directive

This Directive shall apply to:

  • mopeds: two-wheel vehicles (Category L1e) with a maximum design speed not exceeding 45 km/h;
  • motorcycles: two-wheel vehicles without sidecars (Category L3e) or with sidecars (Category L4e), with a cylinder capacity exceeding 50 cm3, for internal combustion engines, and/or the maximum design speed of which exceeds 45 km/h.

General prescriptions for passenger hand-holds

Two-wheel vehicles must be equipped with a passenger hand-hold system, composed of a strap or one or more hand-grips.

The strap must be fitted to the seat of the vehicle so that it may easily be used by the passenger. The strap and its attachment must withstand a vertical traction force of 2000 N with a maximum pressure of 2 MPa.

The hand-grip must be close to the saddle. Like the strap, it must withstand a vertical traction force of 2000 N with a maximum pressure of 2 MPa. If two handgrips are used, they must be fitted symmetrically.

Procedure for the granting of EC component type-approval

The manufacturer of the vehicle makes an application for EC type-approval to the type-approval authority of the Member State, using an information document.

The certificate of conformity is issued by the competent authority, which has a period of one month to inform the competent authorities of Member States.

In the event of non-compliance with the requirements of this Directive, Member States may refuse EC type-approval for any two-wheel motor vehicle for reasons relating to the passenger restraint device.

Context

This Directive repeals Directive 93/32/EC.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2009/79/EC

21.8.2009

–

OJ L 201 of 1.8.09

Motor vehicles and their trailers: roadworthiness test

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Motor vehicles and their trailers: roadworthiness test

Outline of the Community (European Union) legislation about Motor vehicles and their trailers: roadworthiness test

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Transport > Road transport

Motor vehicles and their trailers: roadworthiness test

Document or Iniciative

Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (Recast).

Summary

Motor vehicles registered in a European Union (EU) country and their trailers must undergo periodic roadworthiness tests. Annexes I and II to this directive detail the categories of vehicles to be tested, the frequency of the roadworthiness tests and the items which must be tested. The roadworthiness tests must be undertaken by the EU countries, or by a public body that has been entrusted with the task, or by bodies or establishments designated and directly supervised.

Annex I details the categories of motor vehicles that will be subject to roadworthiness tests and the required frequency of the tests for each category. The minimum testing frequency for the different categories of motor vehicles and their trailers is:

  • One year after the date on which the vehicle was first used, and thereafter annually for:
    • motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat;
    • motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg;
    • trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg;
    • taxis, ambulances;
  • Four years after the date on which the vehicle was first used, and thereafter every two years for:
    • motor vehicles having at least four wheels, normally used for the road carriage of goods and with a maximum permissible mass not exceeding 3 500 kg, excluding agricultural tractors and machinery;
    • motor vehicles having at least four wheels, used for the carriage of passengers and with not more than eight seats excluding the driver’s seat.

Annex II sets out which items must be compulsorily tested. The tests covered by Annex II should be undertaken using techniques and equipment available without the use of tools to disassemble or remove any part of the vehicle. Where the motor vehicle is found to be defective with regard to the test items below, the competent authority in the EU country concerned must set specific conditions under which the particular vehicle may be used before passing another roadworthiness test. The test must cover the items listed in the annex, provided that these are related to the equipment of the vehicle being tested in the EU country concerned. The compulsory test items include:

  • vehicle identification;
  • braking equipment;
  • steering;
  • visibility;
  • lighting equipment and parts of electric system;
  • axles, wheels, tyres and suspension;
  • chassis and chassis attachments;
  • other equipment – safety belts, fire extinguisher, locks and anti-theft device, warning triangle, first-aid kit, speedometer, etc;
  • nuisance – noise, exhaust emissions, etc;
  • supplementary tests for public transport vehicles – emergency exit(s), heating and ventilation systems, seat layout, interior lighting;

The vehicle operator or driver must be informed in writing of any defects, the result of the test and the legal consequences. EU countries will take the necessary measures to make it possible to prove that a vehicle has passed a roadworthiness test. Other EU countries and the Commission will be informed of these measures. All EU countries will mutually recognise the proof issued in another EU country showing that a vehicle registered in that other EU country, together with its trailer or semi-trailer, has passed a roadworthiness test in compliance with the provisions of this directive. EU countries will also implement all appropriate measures to establish that the brake performance of motor vehicles registered in their country complies with the requirements of this directive.

Exceptions

Notwithstanding the provisions of Annexes I and II, EU countries have the right to:

  • bring forward the date for the first compulsory roadworthiness test and, where appropriate, require the vehicle to be submitted for test prior to registration;
  • shorten the interval between two successive compulsory tests;
  • make the testing of optional equipment compulsory;
  • increase the number of items to be tested;
  • extend the periodic test requirement to other categories of vehicles;
  • prescribe special additional tests;
  • require vehicles registered on their territory to have higher minimum standards for braking efficiency than those specified in Annex II and include a test on vehicles with heavier loads, provided such requirements do not exceed those of the vehicle’s original type-approval.

EU countries also have the right to exclude vehicles belonging to the armed forces, the forces of law and order and the fire service from the scope of this directive. After consultation with the Commission, EU countries may exclude from the requirements of this directive certain motor vehicles operated or used in exceptional conditions, and motor vehicles which are never, or hardly ever, used on public highways. Following consultation with the Commission, EU countries also have the right to set their own testing standards for vehicles considered to be of historic interest.

The Commission will adopt all necessary directives to define the minimum standards and methods for testing the items listed in Annex II of this directive, as well as any amendments necessary to adapt to technical progress in these areas.

Within three years from the introduction of regular testing of speed limitation devices, the Commission will re-examine whether the tests laid down are sufficient to detect defective or manipulated speed limitation devices or whether the rules need to be modified.

This directive repeals Directive 96/96/EC.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2009/40/EC

26.6.2009

–

OJ L 141 of 6.6.2009

Successive amendments and corrections to Directive 2009/40/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Related Acts

Commission Recommendation 2010/378/EU of 5 July 2010 on the assessment of defects during roadworthiness testing in accordance with Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers [Official Journal L 173 of 8.7.2010].

Supplementary protection certificate for medicinal products

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Supplementary protection certificate for medicinal products

Outline of the Community (European Union) legislation about Supplementary protection certificate for medicinal products

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Internal market > Pharmaceutical and cosmetic products

Supplementary protection certificate for medicinal products

Document or Iniciative

Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (codified version) (Text with EEA relevance).

Summary

The purpose of the supplementary protection certificate for medicinal products is to remedy the disparities and shortcomings in national patenting systems for pharmaceutical research. It aims in particular to guarantee sufficient protection for the development of medicinal products in the European Union (EU).

Indeed, the period between the filing of a patent application for a new medicinal product * and authorisation to place it on the market constitutes one of the factors which actually reduces the effective protection afforded by the patent and can compromise the amortisation of investment in research. The lack of sufficient protection can also lead research centres based in the Member States to relocate to countries offering better protection.

In order to also guarantee the free movement of medicinal products, the supplementary certificate for the protection of medicinal products also aims to prevent the development of too many disparities in national legislation.

The certificate is issued if the product for which it was requested, as a medicinal product and at the time when the application was filed in a Member State, meets the following conditions:

  • the product * is protected by a basic patent * in force;
  • the product, as a medicinal product, has been granted a marketing authorisation;
  • the product has not already been the subject of a certificate;
  • the marketing authorisation is the first authorisation to place the product on the market as a medicinal product.

Furthermore, the certificate applies to the product in the same way as the patent from which it benefits. The Regulation also specifies the arrangements relating to application for and granting of the certificate and likewise the conditions for lapse, invalidity and publicity of the certificate.

The certificate cannot be granted for a period exceeding five years. Furthermore, the duration of protection afforded by a patent and by the certificate cannot exceed 15 years overall for the holder’s first marketing authorisation.

This Regulation codifies and repeals Regulation (EEC) No 1768/92.

Key terms in the Act
  • Medicinal product: any substance or combination of substances presented for treating or preventing disease in human beings or animals and any substance or combination of substances which may be administered to human beings or animals with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in humans or animals.
  • Product: the active ingredient or combination of active ingredients of a medicinal product.
  • Basic patent: a patent which protects a product, a process to obtain a product or an application of a product, and which is designated by its holder for the purpose of the procedure for grant of a certificate.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 469/2009

6.7.2009

–

OJ L152 of 16.6.2009

Civil liability insurance for motor vehicles

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Civil liability insurance for motor vehicles

Outline of the Community (European Union) legislation about Civil liability insurance for motor vehicles

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Internal market > Motor vehicles > Interactions between the automobile industry and specific policies

Civil liability insurance for motor vehicles

Document or Iniciative

Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (Text with EEA relevance).

Summary

This Directive lays down provisions concerning civil liability insurance in respect of the use of vehicles.

Vehicles concerned

This Directive applies to vehicles registered in one of the Member States, and in third countries.

Provisions concerning vehicles registered in a Member State

Role of the Member States

Member States should guarantee that the insurance covers:

  • civil liability relating to the use of vehicles;
  • damage to property and personal injury;
  • damage caused on the territory of other Member States;
  • loss or injury suffered by nationals of Member States during journeys between two territories.

Member States may, however, derogate from these provisions on condition that they draw up a list of persons or entities concerned and inform the European Commission and the other Member States thereof.

Role of national insurers’ bureaux *

Vehicles registered in other Member States will benefit from the provisions of this Directive under an agreement to be concluded between national insurance bureaux. This agreement must be recognised by the Commission.

If an accident involves a vehicle registered in another Member State, the national insurance bureaux of each Member State must collect the following information:

  • the origin of the vehicle;
  • the registration number;
  • details of the insurance of the vehicle.

This information must then be communicated to the Member State of origin of the vehicle.

Provisions concerning vehicles registered in third countries

Vehicles registered in third countries may only be used in EU territory if they are covered by insurance.

Vehicles registered in a third country must have a green card * or certificate of frontier insurance before entering the territory of a Member State.

Minimum amounts covered by compulsory insurance

Concerning personal injury, compulsory insurance must cover a minimum amount of EUR 1 million per victim or EUR 5 million per accident.

Concerning damage to property, cover must be a minimum of EUR 1 million per accident.

Member States may establish a transitional period for adapting these amounts.

Compensation for damage caused by an unidentified vehicle or a vehicle which is not compliant with the provisions of this Directive

Compensation for damage caused by an unidentified vehicle or a vehicle which is not compliant with the provisions of this Directive shall be managed by bodies created by each Member State. These bodies shall be responsible for providing compensation for damage to property or personal injury.

In the event of litigation between the bodies responsible for compensation and civil liability insurers, Member States shall designate the party responsible for compensating the victim.

Special categories of victim

Civil liability insurance of vehicles covers liability for:

  • personal injury caused to any passenger in a vehicle, except the driver;
  • personal injury and damage to property suffered by pedestrians, cyclists and other road users.

Settlement of claims

The injured party makes a claim to the insurance undertaking of the person who caused the accident or their claims representative *. Within three months of the claim being made, the insurance undertaking must make an offer of compensation or respond with a denial.

Then, the insurance undertaking shall present an offer of compensation or a reply explaining the reasons for denial of the claim if liability has not been established or if damages have not been entirely qualified.

To facilitate the claims of injured parties, each Member State shall create an information organisation responsible for collecting and providing information on the motor vehicles in circulation, insurance undertakings and the bodies responsible for compensating victims.

In the event of an accident in a Member State other than the State of residence, the injured party may send a claim to the compensation body of the Member State of residence if the insurance undertaking of the person having caused the accident has not dealt with their claim.

This Directive repeals Directives 72/166/EEC, 84/5/EEC, 90/232/EEC, 2000/26/EC and 2005/14/EC.

Key terms of the Act
  • National insurers’ bureau: a professional organisation which is constituted by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe and which groups together insurance undertakings which, in a State, are authorised to conduct the business of motor vehicle insurance against civil liability.
  • Green card: an international certificate of insurance issued on behalf of a national bureau by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe.
  • Claims representative: the person who is responsible for handling claims arising following an accident which occurs in a Member State other than the State of residence.

Reference

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2009/103/EC

27.10.2009

–

OJ L 263 of 7.10.2009

Elimination of controls at frontiers in road and inland waterway transport

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Elimination of controls at frontiers in road and inland waterway transport

Outline of the Community (European Union) legislation about Elimination of controls at frontiers in road and inland waterway transport

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Customs

Elimination of controls at frontiers in road and inland waterway transport

Document or Iniciative

Regulation (EC) No 1100/2008 of the European Parliament and of the Council of 22 October 2008 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (Text with EEA relevance).

Summary

This regulation eliminates frontier * controls * on road vehicles and inland waterway vessels travelling between European Union (EU) countries. Checks, inspections, verifications or formalities must no longer be performed as border controls within the EU, but simply as part of the normal control procedures applied in a non-discriminatory manner throughout the territory of an EU country.

The controls concerned are referred to in Annex I of this regulation. The Commission may propose amendments to this annex to take account of relevant technological developments. The annex refers to both EU and national legislation which provide for controls and inspections, including:

  • checks on the maximum authorised weights and dimensions of road vehicles;
  • checks on documentation showing roadworthiness of motor vehicles and their trailers;
  • inspections to verify that technical requirements for inland waterway vessels are fulfilled;
  • inspections of passenger lists on bus and coach services;
  • driving licence checks;
  • controls relating to the means of transport for dangerous goods;
  • controls relating to the means of transport for perishable foodstuffs.
Key terms used in the act
  • Frontier: either an internal frontier within the EU or an external frontier, where carriage between EU countries involves crossing a non-EU country.
  • Control: any check, inspection, verification or formality performed at the frontiers of EU countries by the national authorities which signifies a stop or a restriction on the free movement of the vehicles or vessels concerned.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1100/2008

4.12.2008

–

OJ L 304 of 14.11.2008

Electrical equipment designed for use within certain voltage limits

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Electrical equipment designed for use within certain voltage limits

Outline of the Community (European Union) legislation about Electrical equipment designed for use within certain voltage limits

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Internal market > Single Market for Goods > Construction

Electrical equipment designed for use within certain voltage limits

Document or Iniciative

Directive 2006/95/EC of the European Parliament and of the Council of 12 December 2006 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (codified version) (Text with EEA relevance).

Summary

This Directive aims at ensuring that electrical equipment may be placed on the market only if it does not, when installed and maintained, endanger the safety of persons, domestic animals or property, and at promoting the free movement of this equipment in the European Union.

Scope

This Directive applies to electrical equipment designed for use with a voltage rating of between 50 and 1000 Volts for alternating current and between 75 and 1500 Volts for direct current.

It does not apply to:

  • electrical equipment for use in an explosive atmosphere;
  • equipment for radiology and medical purposes;
  • electrical parts for goods and passenger lifts;
  • electricity meters;
  • plugs and socket outlets for domestic use;
  • electric fence controllers;
  • radio-electrical interference;
  • electrical equipment for use on ships, aircraft or railways;
  • electrical equipment intended for export to third countries.

Safety objectives

Electrical equipment may be placed on the market if it complies with the safety objectives laid down in Annex I to this Directive concerning:

  • general safety conditions applying to equipment;
  • hazards arising from electrical equipment;
  • hazards caused by external influences on electrical equipment.

The free movement of electrical equipment must not be hindered if it meets the safety objectives defined in the Directive. Manufacturers may choose how they comply with safety objectives.

Presumption of conformity

Electrical equipment which complies with the provisions of the harmonised standards should be subject to a presumption of conformity with the safety objectives established by this Directive and be able to move freely.

Standards shall be regarded as harmonised if they are drawn up by common agreement between the bodies notified by the Member States and published under national procedures. Their references shall be published in the Official Journal of the European Union.

If standards have not yet been harmonised, Member States should take measures to ensure that their competent administrative authorities regard electrical equipment as complying with the safety objectives of the Directive if the electrical equipment complies with the safety provisions of the International Commission on the Rules for the Approval of Electrical Equipment (CEEel) or of the International Electrotechnical Commission (IEC).

If harmonised standards or safety provisions do not yet exist, Member States shall take measures to ensure that their competent administrative authorities regard electrical equipment as complying with the safety objectives of the Directive if the electrical equipment is in accordance with the safety standards in force in the Member State of manufacture.

Placing on the market

Before placing electrical equipment on the market:

  • the manufacturer or his authorised representative established in the European Union must affix the “CE” marking to each product and draw up a written “EC” declaration of conformity;
  • the manufacturer must establish the technical documentation.

The “EC” declaration of conformity must contain:

  • the name and address of the manufacturer or his authorised representative established in the European Union;
  • a description of the electrical equipment;
  • a reference to the harmonised standards;
  • if required, references to the specifications with which conformity is declared;
  • identification of the signatory who has been empowered to enter into commitments on behalf of the manufacturer or his authorised representative established in the European Union;
  • the last two digits of the year in which the “CE” marking was affixed.

Safeguard

If, for safety reasons, a Member State prohibits the placing on the market of any electrical equipment or impedes its free movement, it shall inform the Commission and the other Member States concerned.

The Directive codifies and repeals Directive 73/23/EEC.

Reference

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2006/95/EC

16.1.2007

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OJ L374 of 27.12.2006

Appliances burning gaseous fuels

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Appliances burning gaseous fuels

Outline of the Community (European Union) legislation about Appliances burning gaseous fuels

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single Market for Goods > Construction

Appliances burning gaseous fuels

Document or Iniciative

Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels (Text with EEA relevance).

Summary

This Directive defines the rules applying to the following gas appliances and fittings:

  • appliances burning gaseous fuels used for cooking, heating, hot water production, refrigeration, lighting or washing and having a normal water temperature not exceeding 105 °C;
  • safety equipment, such as in particular safety devices, controlling devices and regulating devices.

These appliances must be designed and built in such a way as to operate safely and present no danger to persons, domestic animals or property.

When placed on the market, all appliances must be accompanied by:

  • technical instructions for the installer, giving details of the type of gas and supply pressure used, the flow of fresh air required, as well as the conditions for the dispersal of combustion products;
  • instructions for use and servicing intended for the user which give the information required for safe installation;
  • warnings indicating the type of gas, the supply pressure and any restrictions on use.

Manufacturers must guarantee the safety of the properties of materials.

The manufacturer must lodge an application for type-examination with the notified body * including:

  • the manufacturer’s name and address;
  • a written declaration;
  • design documentation.

Where the application satisfies the criteria laid down by this Directive, the notified body must issue an EC type-examination certificate to the applicant.

EC surveillance ensures that the manufacturer duly fulfils the obligations arising out of the approved quality system.

The manufacturer may also make an EC declaration of conformity to type *.

The gas appliance or installation must include the following inscriptions:

  • the manufacturer’s name or identification symbol;
  • the trade name of the appliance;
  • the type of electrical supply used;
  • the appliance category;
  • the last two digits of the year in which the “CE” marking was affixed.

This Directive repeals Directive 90/396/EC.

Key terms of the Act
  • Notified body: provides conformity assessment services under the conditions laid down by directives. This is a service to manufacturers in the public interest;
  • EC declaration of conformity to type: product quality assurance, a notified body assesses and checks the manufacturer’s quality systems.

Reference

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2009/142/EC

5.1.2010

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OJ L 330 of 16.12.2009

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.