EUR-Lex - 31999L0092 - EN Avis juridique important | 31999L0092 Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) Official Journal L 023 , 28/01/2000 P. 0057 - 0064 DIRECTIVE 1999/92/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 16 December 1999on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 137 thereof,Having regard to the proposal from the Commission(1), submitted after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work and the Safety and Health Commission for the Mining and Other Extractive Industries,Having regard to the opinion of the Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure referred to in Article 251 of the Treaty, in the light of the joint text approved by the Conciliation Committee on 21 October 1999(3),Whereas:(1) Article 137 of the Treaty provides that the Council may adopt, by means of Directives, minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the health and safety of workers;(2) Under the terms of that Article, those Directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;(3) The improvement of occupational safety, hygiene and health is an objective which should not be subordinated to purely economic considerations;(4) Compliance with the minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres is essential if workers' safety and health protection is to be ensured;(5) This Directive is an individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(4); therefore, the provisions of the said Directive, in particular those relating to worker information, to the consultation and participation of workers and to the training of workers, are also fully applicable to cases in which workers are potentially at risk from explosive atmospheres, without prejudice to more restrictive or specific provisions contained in this Directive;(6) This Directive constitutes a practical step towards the achievement of the social dimension of the internal market;(7) Directive 94/9/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres(5) states that it is intended to prepare an additional Directive based on Article 137 of the Treaty covering, in particular, explosion hazards which derive from a given use and/or types and methods of installation of equipment;(8) Explosion protection is of particular importance to safety; whereas explosions endanger the lives and health of workers as a result of the uncontrolled effects of flame and pressure, the presence of noxious reaction products and consumption of the oxygen in the ambient air which workers need to breathe;(9) The establishment of a coherent strategy for the prevention of explosions requires that organisational measures complement the technical measures taken at the workplace; Directive 89/391/EEC requires the employer to be in possession of an assessment of the risks to workers' health and safety at work; this requirement is to be regarded as being specified by this Directive in that it provides that the employer is to draw up an explosion protection document, or set of documents, which satisfies the minimum requirements laid down in this Directive and is to keep it up to date; the explosion protection document includes the identification of the hazards, the evaluation of risks and the definition of the specific measures to be taken to safeguard the health and safety of workers at risk from explosive atmospheres, in accordance with Article 9 of Directive 89/391/EEC; the explosion protection document may be part of the assessment of the risks to health and safety at work required by Article 9 of Directive 89/391/EEC;(10) An assessment of explosion risks may be required under other Community acts; whereas, in order to avoid unnecessary duplication of work, the employer should be allowed, in accordance with national practice, to combine documents, parts of documents or other equivalent reports produced under other Community acts to form a single "safety report";(11) The prevention of the formation of explosive atmospheres also includes the application of the substitution principle;(12) Coordination should take place when workers from several undertakings are present at the same workplace;(13) Preventive measures must be supplemented if necessary by additional measures which become effective when ignition has taken place; maximum safety can be achieved by combining preventive measures with other additional measures limiting the detrimental effects of explosions on workers;(14) Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(6) is fully applicable, in particular to places immediately contiguous to hazardous areas, where smoking, crosscutting, welding and other activities introducing flames or sparks may interact with the hazardous area;(15) Directive 94/9/EC divides the equipment and protective systems which it covers into equipment groups and categories; this Directive provides for a classification by the employer of the places where explosive atmospheres may occur in terms of zones and determines which equipment and protective systems groups and categories should be used in each zone,HAVE ADOPTED THIS DIRECTIVE:SECTION IGENERAL PROVISIONSArticle 1Object and scope1. This Directive, which is the 15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC, lays down minimum requirements for the safety and health protection of workers potentially at risk from explosive atmospheres as defined in Article 2.2. This Directive shall not apply to:(a) areas used directly for and during the medical treatment of patients;(b) the use of appliances burning gaseous fuels in accordance with Directive 90/396/EEC(7);(c) the manufacture, handling, use, storage and transport of explosives or chemically unstable substances;(d) mineral-extracting industries covered by Directive 92/91/EEC(8) or Directive 92/104/EEC(9);(e) the use of means of transport by land, water and air, to which the pertinent provisions of the international agreements (e.g. ADNR, ADR, ICAO, IMO, RID), and the Community Directives giving effect to those agreements, apply. Means of transport intended for use in a potentially explosive atmosphere shall not be excluded.3. The provisions of Directive 89/391/EEC and the relevant individual Directives are fully applicable to the domain referred to in paragraph 1, without prejudice to more restrictive and/or specific provisions contained in this Directive.Article 2DefinitionFor the purposes of this Directive, "explosive atmosphere" means a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture.SECTION IIOBLIGATIONS OF THE EMPLOYERArticle 3Prevention of and protection against explosionsWith a view to preventing, within the meaning of Article 6(2) of Directive 89/391/EEC, and providing protection against explosions, the employer shall take technical and/or organisational measures appropriate to the nature of the operation, in order of priority and in accordance with the following basic principles:- the prevention of the formation of explosive atmospheres, or where the nature of the activity does not allow that,- the avoidance of the ignition of explosive atmospheres, and- the mitigation of the detrimental effects of an explosion so as to ensure the health and safety of workers.These measures shall where necessary be combined and/or supplemented with measures against the propagation of explosions and shall be reviewed regularly and, in any event, whenever significant changes occur.Article 4Assessment of explosion risks1. In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC the employer shall assess the specific risks arising from explosive atmospheres, taking account at least of:- the likelihood that explosive atmospheres will occur and their persistence,- the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective,- the installations, substances used, processes, and their possible interactions,- the scale of the anticipated effects.Explosion risks shall be assessed overall.2. Places which are or can be connected via openings to places in which explosive atmospheres may occur shall be taken into account in assessing explosion risks.Article 5General obligationsTo ensure the safety and health of workers, and in accordance with the basic principles of risk assessment and those laid down in Article 3, the employer shall take the necessary measures so that:- where explosive atmospheres may arise in such quantities as to endanger the health and safety of workers or others, the working environment is such that work can be performed safely,- in working environments where explosive atmospheres may arise in such quantities as to endanger the safety and health of workers, appropriate supervision during the presence of workers is ensured in accordance with the risk assessment by the use of appropriate technical means.Article 6Duty of coordinationWhere workers from several undertakings are present at the same workplace, each employer shall be responsible for all matters coming under his control.Without prejudice to the individual responsibility of each employer as provided for in Directive 89/391/EEC, the employer responsible for the workplace in accordance with national law and/or practice shall coordinate the implementation of all the measures concerning workers' health and safety and shall state, in the explosion protection document referred to in Article 8, the aim of that coordination and the measures and procedures for implementing it.Article 7Places where explosive atmospheres may occur1. The employer shall classify places where explosive atmospheres may occur into zones in accordance with Annex I.2. The employer shall ensure that the minimum requirements laid down in Annex II are applied to places covered by paragraph 1.3. Where necessary, places where explosive atmospheres may occur in such quantities as to endanger the health and safety of workers shall be marked with signs at their points of entry in accordance with Annex III.Article 8Explosion protection documentIn carrying out the obligations laid down in Article 4, the employer shall ensure that a document, hereinafter referred to as the "explosion protection document", is drawn up and kept up to date.The explosion protection document shall demonstrate in particular:- that the explosion risks have been determined and assessed,- that adequate measures will be taken to attain the aims of this Directive,- those places which have been classified into zones in accordance with Annex I,- those places where the minimum requirements set out in Annex II will apply,- that the workplace and work equipment, including warning devices, are designed, operated and maintained with due regard for safety,- that in accordance with Council Directive 89/655/EEC(10), arrangements have been made for the safe use of work equipment.The explosion protection document shall be drawn up prior to the commencement of work and be revised when the workplace, work equipment or organisation of the work undergoes significant changes, extensions or conversions.The employer may combine existing explosion risk assessments, documents or other equivalent reports produced under other Community acts.Article 9Special requirements for work equipment and workplaces1. Work equipment for use in places where explosive atmospheres may occur which is already in use or is made available in the undertaking or establishment for the first time before 30 June 2003 shall comply from that date with the minimum requirements laid down in Annex II, Part A, if no other Community Directive is applicable or is so only partially.2. Work equipment for use in places where explosive atmospheres may occur which is made available in the undertaking or establishment for the first time after 30 June 2003 shall comply with the minimum requirements laid down in Annex II, Parts A and B.3. Workplaces which contain places where explosive atmospheres may occur and which are used for the first time after 30 June 2003 shall comply with minimum requirements set out in this Directive.4. Where workplaces which contain places where explosive atmospheres may occur are already in use before 30 June 2003, they shall comply with the minimum requirements set out in this Directive no later than three years after that date.5. If, after 30 June 2003, any modification, extension or restructuring is undertaken in workplaces containing places where explosive atmospheres may occur, the employer shall take the necessary steps to ensure that these comply with the minimum requirements set out in this Directive.SECTION IIIMISCELLANEOUS PROVISIONSArticle 10Adjustments to the annexesPurely technical adjustments to the annexes made necessary by:- the adoption of Directives on technical harmonisation and standardisation in the field of explosion protection, and/or- technical progress, changes in international regulations or specifications, and new findings on the prevention of and protection against explosions,shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.Article 11Guide of good practiceThe Commission shall draw up practical guidelines in a guide of good practice of a non-binding nature. This guide shall address the topics referred to in Articles 3, 4, 5, 6, 7 and 8, Annex I and Annex II, Part A.The Commission shall first consult the Advisory Committee on Safety, Hygiene and Health Protection at Work in accordance with Council Decision 74/325/EEC(11).In the context of the application of this Directive, Member States shall take the greatest possible account of the abovementioned guide in drawing up their national policies for the protection of the health and safety of workersArticle 12Information to undertakingsMember States shall, on request, endeavour to make relevant information available to employers in accordance with Article 11, with particular reference to the guide of good practiceArticle 13Final provisions1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 June 2003. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.2. Member States shall communicate to the Commission the text of the provisions of domestic law which they have already adopted or adopt in the field governed by this Directive.3. Member States shall report to the Commission every five years on the practical implementation of the provisions of this Directive, indicating the points of view of employers and workers. The Commission shall inform thereof the European Parliament, the Council, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work.Article 14This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 15This Directive is addressed to the Member States.Done at Brussels, 16 December 1999.For the European ParliamentThe PresidentN. FONTAINEFor the CouncilThe PresidentK. HEMILÄ(1) OJ C 332, 9.12.1995, p. 10 and OJ C 184, 17.6.1997, p. 1.(2) OJ C 153, 28.5.1996, p. 35.(3) Opinion of the European Parliament of 20 June 1996 (OJ C 198, 8.7.1996, p. 160) confirmed on 4 May 1999 (OJ C 279, 1.10.1999, p 55), Council Common Position of 22 December 1998 (OJ C 55, 25.2.1999, p. 45), Decision of the European Parliament of 6 May 1999 (OJ C 279, 1.10.1999, p. 386). Decision of the European Parliament of 2 December 1999 and Council Decision of 6 December 1999.(4) OJ L 183, 29.6.1989, p. 1.(5) OJ L 100, 19.4.1994, p. 1.(6) OJ L 245, 26.8.1992, p. 23.(7) OJ L 196, 26.7.1990, p. 15. Directive as amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).(8) OJ L 348, 28.11.1992, p. 9.(9) OJ L 404, 31.12.1992, p. 10.(10) OJ L 393, 30.12.1989, p. 13. Directive as amended by Directive 95/63/EC (OJ L 335, 30.12.1995, p. 28).(11) OJ L 185, 9.7.1974, p. 15. Decision as last amended by the 1994 Act of Accession.ANNEX ICLASSIFICATION OF PLACES WHERE EXPLOSIVE ATMOSPHERES MAY OCCURPreliminary noteThe following system of classification must be applied to places where precautions in accordance with Articles 3, 4, 7 and 8 are taken.1. Places where explosive atmospheres may occurA place in which an explosive atmosphere may occur in such quantities as to require special precautions to protect the health and safey of the workers concerned is deemed to be hazardous within the meaning of this Directive.A place in which an explosive atmosphere is not expected to occur in such quantities as to require special precautions is deemed to be non-hazardous within the meaning of this Directive.Flammable and/or combustible substances are considered as materials which may form an explosive atmosphere unless an investigation of their properties has shown that in mixtures with air they are incapable of independently propagating an explosion.2. Classification of hazardous placesHazardous places are classified in terms of zones on the basis of the frequency and duration of the occurrence of an explosive atmosphere.The extent of the measures to be taken in accordance with Annex II, Part A, is determined by this classification.Zone 0A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is present continuously or for long periods or frequently.Zone 1A place in which an explosive atmosphere consisting of a mixture with air or flammable substances in the form of gas, vapour or mist is likely to occur in normal operation occasionally.Zone 2A place in which an explosive atmosphere consisting of a mixture with air of flammable substances in the form of gas, vapour or mist is not likely to occur in normal operation but, if it does occur, will persist for a short period only.Zone 20A place in which an explosive atmosphere in the form of a cloud of combustable dust in air is present continously, or for long periods or frequently.Zone 21A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is likely to occur in normal operation occasionally.Zone 22A place in which an explosive atmosphere in the form of a cloud of combustible dust in air is not likely to occur in normal operation but, if it does occur, will persist for a short period only.Notes:1. Layers, deposits and heaps of combustible dust must be considered as any other source which can form an explosive atmosphere.2. "Normal operation" means the situation when installations are used within their design parameters.ANNEX IIA. MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH PROTECTION OF WORKERS POTENTIALLY AT RISK FROM EXPLOSIVE ATMOSPHERESPreliminary noteThe obligations laid down in this Annex apply to:- places classified as hazardous in accordance with Annex I whenever required by the features of workplaces, workstations, the equipment or substances used or the danger caused by the activity related to the risks from explosive atmospheres,- equipment in non-hazardous places which is required for, or helps to ensure, the safe operation of equipment located in hazardous places.1. Organisational measures1.1. Training of workersThe employer must provide those working in places where explosive atmospheres may occur with sufficient and appropriate training with regard to explosion protection.1.2. Written instructions and permits to workWhere required by the explosion protection document:- work in hazardous places must be carried out in accordance with written instructions issued by the employer,- a system of permits to work must be applied for carrying out both hazardous activities and activities which may interact with other work to cause hazards.Permits to work must be issued by a person with responsibility for this function prior to the commencement of work.2. Explosion protection measures2.1. Any escape and/or release, whether or not intentional, of flammable gases, vapours, mists or combustible dusts which may give rise to explosion hazards must be suitably diverted or removed to a safe place or, if that is not practicable, safely contained or rendered safe by some other suitable method.2.2. If an explosive atmosphere contains several types of flammable and/or combustible gases, vapours, mists or dusts, protective measures shall be appropriate to the greatest potential risk.2.3. Prevention of ignition hazards in accordance with Article 3 must also take account of electrostatic discharges, where workers or the working environment act as charge carrier or charge producer. Workers must be provided with appropriate working clothes consisting of materials which do not give rise to electrostatic discharges that can ignite explosive atmospheres.2.4. Plant, equipment, protective systems and any associated connecting devices must only be brought into service if the explosion protection document indicates that they can be safely used in an explosive atmosphere. This applies also to work equipment and associated connecting devices which are not regarded as equipment or protective systems within the meaning of Directive 94/9/EC if their incorporation into an installation can in itself give rise to an ignition hazard. Necessary measures must be taken to prevent confusion between connecting devices.2.5. All necessary measures must be taken to ensure that the workplace, work equipment and any associated connecting device made available to workers have been designed, constructed, assembled and installed, and are maintained and operated, in such a way as to minimise the risks of an explosion and, if an explosion does occur, to control or minimise its propagation within that workplace and/or work equipment. For such workplaces appropriate measures must be taken to minimise the risks to workers from the physical effects of an explosion.2.6. Where necessary, workers must be given optical and/or acoustic warnings and withdrawn before the explosion conditions are reached.2.7. Where required by the explosion protection document, escape facilities must be provided and maintained to ensure that, in the event of danger, workers can leave endangered places promptly and safely.2.8. Before a workplace containing places where explosive atmospheres may occur is used for the first time, its overall explosion safety must be verified. Any conditions necessary for ensuring explosion protection must be maintained.Such verification must be carried out by persons competent in the field of explosion protection as a result of their experience and/or professional training.2.9. Where the risk assessment shows it is necessary:- it must be possible, where power failure can give rise to the spread of additional risks, to maintain equipment and protective systems in a safe state of operation independently of the rest of the installation in the event of power failure,- manual override must be possible in order to shut down the equipment and protective systems incorporated within automatic processes which deviate from the intended operating conditions, provided that this does not compromise safety. Only workers competent to do so may take such action,- on operation of the emergency shutdown, accumulated energy must be dissipated as quickly and as safely as possible or isolated so that it no longer constitutes a hazard.B. CRITERIA FOR THE SELECTION OF EQUIPMENT AND PROTECTIVE SYSTEMSIf the explosion protection document based on a risk assessment does not state otherwise, equipment and protective systems for all places in which explosive atmospheres may occur must be selected on the basis of the categories set out in Directive 94/9/EC.In particular, the following categories of equipment must be used in the zones indicated, provided they are suitable for gases, vapours or mists and/or dusts as appropriate:- in zone 0 or zone 20, category 1 equipment,- in zone 1 or zone 21, category 1 or 2 equipment,- in zone 2 or zone 22, category 1, 2 or 3 equipment.ANNEX IIIWarning sign for places where explosive atmospheres may occur, pursuant to Article 7(3):Place where explosive atmospheres may occur>PIC FILE= "L_2000023EN.006402.EPS">Distinctive features:- triangular shape,- black letters on a yellow background with black edging (the yellow part to take up at least 50 % of the area of the sign).Member States may add other explanatory data if they wish.

Summary: Risk of explosive atmospheres Risk of explosive atmospheres SUMMARY OF: Directive 1999/92/EC — minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres WHAT IS THE AIM OF THE DIRECTIVE? It establishes minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres*. It is the fifteenth individual directive within the meaning of Directive 89/391/EEC which introduces general rules to encourage improvements in the health and safety of workers at work. KEY POINTS The directive requires employers to: take technical and/or organisational measures to: prevent the formation of explosive atmospheres,avoid the ignition of explosive atmospheres,mitigate the effects of an explosion in a way that ensures the health and safety of workers. ensure that an ‘explosion protection document’, describing explosion protection measures and satisfying the requirements of Directive 89/391/EEC, is prepared and kept up to date; inform workers and/or their representatives of all the measures to be taken for their safety and health at work; take the necessary steps to ensure that workers potentially at risk from explosive atmospheres receive appropriate training; ensure that work equipment for use in places where explosive atmospheres may occur must comply with the minimum requirements laid down in the annex to the directive. Workplaces which were already in use before 30 June 2003 and which contained places in which explosive atmospheres could occur had to comply with its minimum requirements within 3 years after that date. The directive contains 3 annexes which concern: the classification of places where explosive atmospheres may occur; the minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres and criteria for the selection of equipment and protective systems; the warning sign for places where explosive atmospheres may occur. In 2003, the European Commission issues a non-mandatory guide to good practice in implementing the directive. It is being used alongside the directive concerning equipment and protective systems intended for use in potentially explosive atmospheres. EU countries should ensure that relevant information is made available to employers and refer them to this guide on good practice. Directive 2007/30/EC simplified the requirements on reporting to the Commission concerning the implementation of Directive 89/391/EEC and its various individual directives. EU countries now have to prepare a single report every 5 years covering the implementation of all of these directives. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 28 January 2000 and had to become law in the EU countries by 30 June 2003. BACKGROUND For more information, see: Directive 99/92/EC — risks from explosive atmospheres (European Agency for Safety and Health at Work). KEY TERMS Explosive atmosphere: a mixture with air, under atmospheric conditions of flammable substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture. MAIN DOCUMENT Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 23, 28.1.2000, pp. 57-64) Successive amendments to Directive 1999/92/EC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) (OJ L 96, 29.3.2014, pp. 309-356) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, pp. 1-8) See consolidated version. last update 26.11.2018


EUR-Lex - 31999L0062 - EN Avis juridique important | 31999L0062 Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures Official Journal L 187 , 20/07/1999 P. 0042 - 0050 DIRECTIVE 1999/62/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 17 June 1999on the charging of heavy goods vehicles for the use of certain infrastructuresTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 71(1) and 93 thereof,Having regard to the proposal from the Commission(1),Having regard to the Opinion of the Economic and Social Committee(2),Having regard to the Opinion of the Committee of the Regions(3)Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) The elimination of distortions of competition between transport undertakings in the Member States calls for both the harmonisation of levy systems and the establishment of fair mechanisms for charging infrastructure costs to hauliers;(2) These objectives can be achieved only in stages;(3) A degree of harmonisation of levy systems has already been achieved through the adoption of Council Directive 92/81/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oils(5) and Council Directive 92/82/EEC of 19 October 1992 on the approximation of the rates of excise duties on mineral oils(6);(4) By judgment of 5 July 1995 in Case C-21/94 European Parliament v. Council(7) the Court of Justice of the European Communities annulled Council Directive 93/89/EEC of 25 October 1993 on the application by Member States of taxes on certain vehicles used for the carriage of goods by road and tolls and user charges for the use of certain infrastructures(8), while preserving the effects of that Directive until the Council had adopted a new Directive; therefore, Directive 93/89/EEC is replaced by this Directive;(5) Under present circumstances the adjustment of national levy systems should be confined to commercial vehicles of more than a certain gross laden weight;(6) For this purpose minimum rates should be set for the vehicle taxes currently applied by the Member States or any which might succeed them;(7) The use of road-friendly and less polluting vehicles should be encouraged through differentiation of taxes or charges, provided that such differentiation does not interfere with the functioning of the internal market;(8) It is appropriate that certain Member States may be granted a period of derogation from the minima to facilitate adaptation to the levels required by this Directive;(9) Certain local domestic transport operations with little impact on the Community transport market are at present subject to reduced rates of vehicle tax; in order to ensure smooth transition, Member States should be authorised to lay down temporary derogations from minimum rates;(10) Member States should be permitted to apply reduced rates or exemptions of vehicle taxes in the case of vehicles whose use is not liable to affect the Community transport market;(11) In order to make allowance for certain special situations, a procedure should be laid down whereby Member States may be permitted to maintain further exemptions or reductions;(12) Existing distortions of competition cannot be eliminated solely by harmonising taxes or fuel excise duties; however, until technically and economically more appropriate forms of levy are in place, such distortions may be attenuated by the possibility of retaining or introducing tolls and/or user charges for the use of motorways; in addition Member States should be allowed to levy charges for the use of bridges, tunnels and mountain passes;(13) In view of the specific conditions on certain Alpine routes, it may be appropriate for a Member State to disapply a user charge system from a well defined section of its motorway network in order to permit application of an infrastructure related charge;(14) Tolls and user charges should not be discriminatory nor entail excessive formalities or create obstacles at internal borders; therefore, adequate measures should be taken to permit the payment of tolls and user charges at any time and with different means of payment;(15) The rates of user charges should be based on the duration of the use made of the infrastructure in question and be differentiated in relation to the costs caused by the road vehicles;(16) Reduced rates of user charges should be applied temporarily for vehicles registered in Greece to take account of difficulties due to its geopolitical position;(17) In order to ensure that user charges and tolls are applied homogeneously, certain rules for determining their manner of application should be laid down, such as the characteristics of the infrastructure to which they are applicable, the maximum levels of certain rates and other general conditions that will have to be complied with; weighted average tolls should be related to the costs of construction, operating and developing the infrastructure network concerned;(18) Member States should be able to attribute to environmental protection and the balanced development of transport networks a percentage of the amount of the user charge or of the toll, provided that this amount is calculated in accordance with the provisions of this Directive;(19) The amounts in this Directive expressed in the national currency units of Member States adopting the euro were fixed on 1 January 1999 when the value of the euro was determined in accordance with Council Regulation (EC) No 2866/98 of 31 December 1998 on the conversion rates between the euro and the currencies of the Member States adopting the euro(9); it is appropriate that Member States not adopting the euro should review annually the amounts in this Directive in national currencies and adjust them where appropriate to take account of changes in the exchange rates; annual adjustments in national currencies may not be compulsory if the change resulting from the application of the new exchange rates is below a certain percentage level;(20) The principle of territoriality should be applied; two or more Member States may cooperate for the purpose of introducing a common system of user charges, subject to compliance with some additional conditions;(21) In accordance with the principle of proportionality, this Directive limits itself to the minimum required for the attainment of the objectives under the third paragraph of Article 5 of the Treaty;(22) A strict timetable should be set for reviewing the provisions of this Directive and considering adjustments to them, if necessary, with the aim of developing a more territorial levy system,HAVE ADOPTED THIS DIRECTIVE:CHAPTER IGeneral provisionsArticle 1This Directive applies to vehicle taxes, tolls and user charges imposed on vehicles as defined in Article 2.This Directive shall not affect vehicles carrying out transport operations exclusively in the non-European territories of the Member States.It shall also not affect vehicles registered in the Canary Islands, Ceuta and Melilla, the Azores or Madeira and carrying out transport operations exclusively in those territories or between those territories and, respectively, mainland Spain and mainland Portugal.Article 2For the purposes of this Directive:(a) "motorway" means a road specially designed and built for motor traffic, which does not serve properties bordering on it, and which:(i) is provided, except at special points or temporarily, with separate carriageways for the two directions of traffic, separated from each other either by a dividing strip not intended for traffic or, exceptionally, by other means;(ii) does not cross at grade with any road, railway or tramway track, or footpath;(iii) is specifically designated as a motorway;(b) "toll" means payment of a specified amount for a vehicle travelling the distance between two points on the infrastructures referred to in Article 7(2); the amount shall be based on the distance travelled and the type of the vehicle;(c) "user charge" means payment of a specified amount conferring the right for a vehicle to use for a given period the infrastructures referred to in Article 7(2);(d) "vehicle" means a motor vehicle or articulated vehicle combination intended exclusively for the carriage of goods by road and having a maximum permissible gross laden weight of not less than 12 tonnes;(e) "EURO I vehicle" means a vehicle having the characteristics set out in line A of the table in Section 8.3.1.1 of Annex I to Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from diesel engines for use in vehicles(10);(f) "EURO II vehicle" means a vehicle having the characteristics set out in line B of the table in section 8.3.1.1 of Armex I to Directive 88/77/EEC.CHAPTER IIVehicle taxationArticle 31. The vehicle taxes referred to in Article are as follows:- Belgium:taxe de circulation sur les véhicules automobiles/ /verkeersbelasting op de autovoertuigen,- Denmark:vaegtafgift of motorkeretrajer m.v.,- Germany:Kraftfahrzeugsteuer,- Greece:Τέλη κυκλοφορίας- Spain:(a) impuesto sobre vehiculos de traccion mecanica;(b) impuesto sobre actividades economicas (solely as regards the amount of the levies charged for motor vehicles),- France:(a) taxe spéciale sur certains véhicules routiers;(b) taxe différentielle sur les véhicules a moteur,- Ireland:vehicle excise duty,- Italy:(a) tassa automobilistica;(b) addizionale del 5 % sulfa tassa automobilistica,- Luxembourg:taxe sur les véhicules automoteurs,- Netherlands:motorrijtuigenbelasting,- Austria:Kraftfahrzeugsteuer,- Portugal:(a) imposto de camionagem;(b) imposto de circulaçao,- Finland:varsinainen ajoneuvovero//egentlig fordonsskatt,- Sweden:fordonsskatt,- United Kingdom:(a) vehicle excise duty;(b) motor vehicles licence.2. Member States which replace any tax listed in paragraph l with another tax of the same kind shall notify the Commission, which shall make the necessary amendments.Article 4Procedures for levying and collecting the taxes referred to in Article 3 shall be determined by each Member State.Article 5As regards vehicles registered in the Member States, the taxes referred to in Article 3 shall be charged solely by the Member State of registration.Article 61. Whatever the structure of the taxes referred to in Article 3, Member States shall set the rates so as to ensure that the tax rate for each vehicle category or subcategory referred to in Annex I is not lower than the minimum laid down in that Annex.Until two years after entry into force of the Directive, Greece, Italy, Portugal and Spain shall be authorised to apply rates that are lower than, but not less than, 65 % of the minima laid down in Annex I.2. Member States may apply reduced rates or exemptions for:(a) vehicles used for national or civil defence purposes, by fire and other emergency services and by the police, and vehicles used for road maintenance;(b) vehicles which travel only occasionally on the public roads of the Member State of registration and are used by natural or legal persons whose main occupation is not the carriage of goods, provided that the transport operations carried out by these vehicles do not cause distortions of competition, and subject to the Commission's agreement.3. (a) The Council, acting unanimously on a proposal from the Commission, may authorise a Member State to maintain further exemptions from or reductions in taxes on vehicles on the grounds of specific policies of a socio-economic nature or linked to that State's infrastructure. Such exemptions or reductions may apply only to vehicles registered in that Member State which carry out transport operations exclusively inside a well-defined part of its territory.(b) Any Member State wishing to maintain such an exemption or reduction shall inform the Commission thereof and shall also forward to it all necessary information. The Commission shall inform the other Member States of the proposed exemption or reduction within one month.The Council shall be deemed to have authorised maintenance of the proposed exemption or reduction if, within a period of two months from the date on which the other Member States were informed in accordance with the first subparagraph, neither the Commission nor any Member State has requested that the matter be examined by the Council.4. Without prejudice to the second subparagraph of paragraph l and to paragraphs 2 and 3 of this Article or to Article 6 of Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States(11), Member States may not grant any exemption from, or any reduction in, the taxes referred to in Article 3 which would render the chargeable tax lower than the minimum referred to in paragraph l of this Article.CHAPTER IIITolls and user chargesArticle 71. Member States may maintain or introduce tolls and/or user charges under the conditions set out in paragraphs 2 to 10.2. (a) Tolls and user charges shall be imposed only on users of motorways or other mufti-lane roads with characteristics similar to motorways, or users of bridges, tunnels and mountain passes.However, in a Member State where no general network of motorways or dual carriageways with similar characteristics exists, tolls and user charges may be imposed in that State on users of the highest category of road from the technical point of view.(b) Following consultations with the Commission, and in accordance with the procedure laid down in the Council Decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States(12),(i) tolls and user charges may also be imposed on users of other sections of the primary road network, particularly- where there are safety reasons for doing so,- in a Member State where no coherent network of motorways or dual carriageways with similar characteristics exists in the major part of the State, in that part of the country, but only on roads used for international and interregional heavy goods transport, provided that the traffic demand and population density do not economically justify the construction of motorways or of dual carriageway roads with similar characteristics;(ii) special arrangements for border areas may be made by the Member States concerned;(iii) Austria may exempt from the Austrian user charge the stretch of motorway between Kufstein and Brenner.3. Tolls and user charges may not both be imposed at the same time for the use of a single road section. However, Member States may also impose tolls on networks where user charges are levied for the use of bridges, tunnels, and mountain passes.4. Tolls and user charges may not discriminate, directly or indirectly, on the grounds of the nationality of the haulier or the origin or destination of the vehicle.5. Tolls and user charges shall be applied and collected and their payment monitored in such a way as to cause as little hindrance as possible to the free flow of traffic and avoid any mandatory controls or checks at the Community's internal borders. To this end, Member States shall cooperate in establishing methods for enabling hauliers to pay user charges 24 hours a day, at least at the major sales outlets, using all common means of payment, inside and outside the Member States in which they are applied. Member States shall provide adequate facilities at the points of payment for tolls and user charges so as to maintain normal road-safety standards.6. A Member State may provide that vehicles registered in that Member State shall be subject to user charges for the use of the whole road network in its territory.7. User charges, including administrative costs, for all vehicle categories shall be set by the Member State concerned at a level which is not higher than the maximum rates laid down in Annex II.On 1 July 2002 and every second year thereafter these maximum rates shall be reviewed. When necessary, the Commission shall make proposals for appropriate adjustments and the European Parliament and the Council shall act on them, in accordance with the conditions laid down in the Treaty.Member States applying a user charge shall, until two years after entry into force of this Directive, apply a 5O % reduction in the rates of user charges for vehicles registered in Greece because of its geopolitical position. The Commission may decide to authorise an extension of this reduction by these Member States from year to year.8. User-charge rates shall be in proportion to the duration of the use made of the infrastructure.A Member State may apply only annual rates for vehicles registered in that State.9. The weighted average tolls shall be related to the costs of constructing, operating and developing the infrastructure network concerned.10. Without prejudice to the weighted average tolls referred to in paragraph 9, Member States may vary the rates at which tolls are charged according to:(a) vehicle emission classes, provided that no toll is more than 5O % above the toll charged for equivalent vehicles meeting the strictest emission standards;(b) time of day, provided that no toll is more than 100 % above the toll charged during the cheapest period of the day.Any variation in tolls charged with respect to vehicle emission classes or the time of day shall be proportionate to the objective pursued.Article 81. Two or more Member States may cooperate in introducing a common system for user charges applicable to their territories as a whole. In that case, those Member States shall ensure that the Commission is closely involved therein and in the system's subsequent operation and possible amendment.2. A common system shall be subject to the following conditions in addition to those in Article 7:(a) the common user-charge rates shall be set by the participating Member States at levels that are not higher than the maximum rates referred to in Article 7(7);(b) payment of the common user charge shall give access to the network as defined by the participating Member States in accordance with Article 7(2);(c) other Member States may join the common system;(d) a scale shall be worked out by the participating Member States whereby each of them shall receive a fair share of the revenues accruing from the user charge.CHAPTER IVFinal provisionsArticle 91. This Directive shall not prevent the application by Member States of:(a) specific taxes or charges:- levied upon registration of the vehicle, or- imposed on vehicles or loads of abnormal weights or dimensions;(b) parking fees and specific urban traffic charges;(c) regulatory charges specifically designed to combat time and place-related traffic congestion.2. Neither shall this Directive prevent the Member States from attributing to environmental protection and the balanced development of transport networks a percentage of the amount of the user charge, or of the toll, provided that this amount is calculated in accordance with Article 7(7) and (9).Article 101. For the purpose of this Directive, the rates of exchange between the euro and the national currencies of the Member States which have not adopted the euro shall be those in force on the first working day of October and published in the Official Journal of the European Communities; they shall have effect from 1 January of the following calendar year.2. Member States which have not adopted the euro may maintain the amounts in force at the time of the annual adjustment made pursuant to paragraph 1 if the conversion of the amounts expressed in euro would result in a change of less than 5 % when expressed in national currencies.Article 111. By the dates referred to in the second subparagraph of Article 7(7), the Commission shall present a report to the European Parliament and the Council on the implementation of this Directive, taking account of developments in technology and traffic congestion.2. Member States shall forward the necessary information to the Commission no later than six months before the dates referred to in paragraph 1 in order to enable the Commission to draw up the above report.3. Member States introducing electronic toll and/or user-charging systems shall cooperate with the aim of achieving an appropriate level of interoperability.Article 121. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by l July 2000. They shall forthwith inform the Commission thereof.When Member States adopt such measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such a reference shall be adopted by Member States.2. Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.Article 13This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 14This Directive is addressed to the Member States.Done at Luxembourg, 17 June 1999.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentF. MÜNTEFERING(1) OJ C 59, 26.2.1997, p. 9.(2) OJ C 206, 7.7.1997, p. 17.(3) Opinion delivered on 3 June 1999 (not yet published in the Official Journal).(4) Opinion of the European Parliament of 17 July 1997 (OJ C 286, 22.9.1997, p. 217), Council Common Position of 18 January 1999 (OJ C 58, 1.3.1999, p. 1) and Decision of the European Parliament of 7 May 1999 (not yet published in the Offcial Journal).(5) OJ L 316, 31.10.1992, p. 12. Directive as last amended by Directive 94/74/EC (OJ L 365, 31.12.1994, p. 46).(6) OJ L 316, 31.10.1992, p. 19. Directive as amended by Directive 94/74/EC. [1995] ECR I-1827.(7) OJ L 36, 9.2.1988, p. 33. Directive as last amended by Directive 96/1/EC (OJ L 40, 17.2.1996, p. 1).(8) OJ L 279, 12.11.1993, p. 32.(9) OJ L 359, 31.12.1998, p. 1.(10) OJ L 36, 9.2.1988, p. 33. Directive as last amended by Directive 96/1/EC (OJ L 40, 17.2.1996, p. 1).(11) OJ L 368, 17.12.1992, p. 38.(12) OJ 23, 3.4.1962, p. 720/62. Decision as last amended by Decision 73/402/EEC (OJ L 347, 17.12.1973, p. 48).ANNEX IMINIMUM RATES OF TAX TO BE APPLIED TO VEHICLES>TABLE>>TABLE>ANNEX IIMAXIMUM AMOUNTS IN EURO OF USER CHARGES, INCLUDING ADMINISTRATIVE COSTS, REFERRED TO IN ARTICLE 7(7)Annual>TABLE>Monthly and weeklyMaximum monthly and weekly rates are in proportion to the duration of the use made of the infrastructure.DailyThe daily user charge is equal for all vehicle categories and amounts to EUR 8.

Summary: Charging of heavy goods vehicles: Eurovignette Directive Charging of heavy goods vehicles: Eurovignette Directive Most EU countries charge hauliers for using their transport infrastructure, notably roads. The EU has introduced the Eurovignette with the aim of recovering construction, maintenance, repair and environmental costs, ensuring fair competition and preventing discrimination. ACT Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures. SUMMARY WHAT DOES THE DIRECTIVE DO? It replaces earlier legislation - Directive 93/89/EEC - which had been annulled by the European Court of Justice in 1995. It harmonises the conditions under which national authorities may apply taxes, tolls and user charges on goods carried by road. KEY POINTS Financial charges initially only applied to vehicles with a maximum gross laden weight of 12 tonnes. From 2012, this was extended to vehicles over 3.5 tonnes. They may be levied on motorways, bridges, tunnels, mountain passes and certain other categories of roads. Charges may not discriminate between the haulier’s nationality or the vehicle’s origin or destination. Mandatory controls at internal EU borders are forbidden. Charges may vary depending on emissions produced or the time the road infrastructure is used. National authorities may levy other taxes in specific circumstances, such as registration, abnormal loads and parking or to avoid congestion. Charges do not apply to vehicles registered in the Canaries, Ceuta and Melilla, the Azores or Madeira operating in those territories or between them and Spain and Portugal. Directive 2003/96/EC sets minimum tax levels for all motor fuels. Countries with road user charges may apply a reduced rate for gas oil used by those vehicles. WHEN DOES THE DIRECTIVE APPLY? From 20 July 1999. BACKGROUND In 2014, the Commission adopted a strategy to reduce fuel consumption and CO2 emissions from transport. This emphasised the contributions new technology, including alternative fuels, and a shift to other forms of transport could make. For more information, see the European Commission’s road charging website. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 1999/62/EC 20.7.1999 1.7.2000 OJ L 187 of 20.7.1999, pp. 42-50 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Directive 2006/38/EC 10.6.2006 10.6.2008 OJ L 157 of 9.6.2006, pp. 8-23 Council Directive 2006/103/EC 1.1.2007 1.1.2007 OJ L 363 of 20.12.2006, pp. 344-351 Directive 2011/76/EU 15.10.2011 16.10.2013 OJ L 269 of 14.10.2011, pp. 1-16 Council Directive 2013/22/EU 1.7.2013 1.7.2013 OJ L 158 of 10.6.2013, pp. 356-361 RELATED ACTS Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283 of 31.10.2003, pp. 51-70). Communication from the Commission to the Council and the European Parliament - Strategy for reducing heavy-duty vehicles’ fuel consumption and CO2 emissions (COM(2014) 285 final of 21.5.2014). last update 30.04.2015