30.9.2005 EN Official Journal of the European Union L 255/1 REGULATION (EC) No 1552/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 September 2005 on statistics relating to vocational training in enterprises (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof, Having regard to the proposal from the Commission, Acting in accordance with the procedure laid down in Article 251 of the Treaty (1), Whereas: (1) At the Lisbon European Council on 23 and 24 March 2000 the European Union set the strategic goal of becoming the most competitive and dynamic knowledge-based economy in the world, capable of sustained economic growth with more and better jobs and greater social cohesion. (2) The employability, adaptability and mobility of citizens are vital for the Union to maintain its commitment to becoming the most competitive and dynamic knowledge-based economy in the world. (3) Lifelong learning is a key element in developing and promoting a skilled, trained and adaptable workforce. (4) The Council Conclusions of 5 May 2003 on reference levels of European average performance in education and training (Benchmarks) (2) adopted the following benchmark for lifelong learning: ‘Therefore, by 2010, the European Union average level of participation in Lifelong Learning should be at least 12,5 % of the adult working age population (25 to 64 age group)’. (5) The Lisbon European Council confirmed lifelong learning as a basic component of the European social model. (6) The new European Employment Strategy confirmed by Council Decision 2003/578/EC of 22 July 2003 on guidelines for the employment policies of the Member States (3) aims to contribute better to the Lisbon strategy and to implement coherent and comprehensive strategies for lifelong learning. (7) When applying this Regulation, account should be taken of the notion of ‘people at a disadvantage in the labour market’ given in the guidelines for the employment policies of the Member States. (8) Particular attention should be given to training at the workplace and during working hours, both these aspects being crucial dimensions of lifelong learning. (9) Comparable statistical information at Community level, with specific respect to vocational training in enterprises, is essential for the development of lifelong learning strategies and for the monitoring of progress in their implementation. (10) The production of specific Community statistics is governed by the rules set out in Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (4). (11) The transmission of data subject to statistical confidentiality is governed by the rules set out in Regulation (EC) No 322/97 and in Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (5). (12) Commission Regulation (EC) No 831/2002 of 17 May 2002 implementing Council Regulation (EC) No 322/97 on Community Statistics, concerning access to confidential data for scientific purposes (6) established the conditions under which access to confidential data transmitted to the Community authority may be granted. (13) Since the objective of this Regulation, namely the creation of common statistical standards that permit the production of harmonised data on vocational training in enterprises, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. (14) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7). These measures should take into account the capacities available in the Member States for data collection and processing. (15) The Statistical Programme Committee has been consulted in accordance with Article 3 of Council Decision 89/382/EEC, Euratom of 19 June 1989 establishing a Committee on the Statistical Programmes of the European Communities (8), HAVE ADOPTED THIS REGULATION: Article 1 Subject matter This Regulation establishes a common framework for the production of Community statistics on vocational training in enterprises. Article 2 Definitions For the purpose of this Regulation, the following definitions shall apply: 1. ‘enterprise’ means the enterprise as defined in Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community (9); 2. ‘NACE Rev. 1.1’ means the common statistical classification of economic activities within the European Community, as established by Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (10). Article 3 Data to be collected 1. The data shall be collected by the Member States with a view to producing Community statistics for the analysis of continuing vocational training in enterprises in the following fields: (a) training policy and training strategies of enterprises in developing the skills of their workforce; (b) management, organisation and forms of continuing vocational training in enterprises; (c) the role of social partners in ensuring all aspects of continuing vocational training in the workplace; (d) access to continuing vocational training, its volume and content, especially in the context of economic activity and enterprise size; (e) specific continuing vocational training measures of enterprises to improve the ICT skills of their workforce; (f) chances for employees in small and medium-sized enterprises (SMEs) to access continuing vocational training and to acquire new skills, and the particular needs of SMEs in the provision of training; (g) the effects of public measures on continuing vocational training in enterprises; (h) equal opportunities to access continuing vocational training in enterprises for all employees, with respect to gender and specific age groups in particular; (i) specific continuing vocational training measures for people at a disadvantage in the labour market; (j) continuing vocational training measures geared to different types of employment contract; (k) expenditure on continuing vocational training: funding levels and funding resources, incentives for continuing vocational training; and (l) evaluation and monitoring procedures of enterprises as regards continuing vocational training. 2. Specific data shall be collected by the Member States with respect to initial vocational training in enterprises on: (a) participants in initial vocational training; and (b) total expenditure on initial vocational training. Article 4 Scope of statistics The statistics on vocational training in enterprises shall cover at least all economic activities defined in sections C to K and O of the NACE Rev. 1.1. Article 5 Statistical units 1. For the collection of the data, the enterprise active in one of the economic activities referred to in Article 4 and employing 10 or more employees shall be used as a statistical unit. 2. Having regard to the specific national size distribution of enterprises and the evolution of policy needs, Member States may extend the definition of the statistical unit in their country. The Commission may also decide to extend this definition in accordance with the procedure referred to in Article 14(2), if such extension would enhance substantially the representativeness and the quality of the result of the survey in the Member States concerned. Article 6 Data sources 1. Member States shall acquire the required data using either a survey in enterprises or a combination of a survey in enterprises and other sources, applying the principles of reduced burden on respondents and of administrative simplification. 2. Member States shall lay down the modalities for enterprises to reply to the survey. 3. Through the survey the enterprises shall be called upon to give correct and complete data within the prescribed deadlines. 4. Other sources, including administrative data, could be used to complete the data to be collected where these sources are appropriate in terms of relevance and timeliness. Article 7 Survey characteristics 1. The survey shall be a sample survey. 2. Member States shall take the necessary measures to ensure that the data they transmit reflect the structure of the population of the statistical units. The survey shall be conducted in such a way as to permit a breakdown of the results at Community level in at least the following categories: (a) economic activities pursuant to NACE Rev. 1.1; and (b) size of the enterprises. 3. Sampling and precision requirements, the sample sizes needed to meet these requirements, and the detailed specifications of the NACE Rev. 1.1 and size categories into which the results can be broken down shall be determined in accordance with the procedure referred to in Article 14(2). Article 8 Survey approach 1. In order to reduce the burden on respondents the survey approach shall permit the data collection to be customised with respect to: (a) training and non-training enterprises; and (b) different forms of vocational training. 2. The specific data to be collected with respect to training and non-training enterprises and to the different forms of vocational training shall be determined in accordance with the procedure referred to in Article 14(2). Article 9 Quality control and reports 1. Member States shall take the necessary measures to ensure the quality of the data they transmit. 2. No later than 21 months after the end of each reference period referred to in Article 10, Member States shall submit to the Commission (Eurostat) a quality report containing all the information and data requested for it to verify the quality of the data transmitted. The report shall specify possible breaches of the methodological requirements. 3. On the basis of the reports referred to in paragraph 2, the Commission (Eurostat) shall assess the quality of the data transmitted with particular regard to ensuring the comparability of the data between Member States. 4. The quality requirements for the data to be collected and transmitted for Community statistics on vocational training in enterprises, the structure of the quality reports referred to in paragraph 2 and any measures necessary for assessing or improving the quality of the data shall be determined in accordance with the procedure referred to in Article 14(2). Article 10 Reference period and periodicity 1. The reference period to be covered by the data collection shall be one calendar year. 2. The Commission shall determine the first reference year for which the data are to be collected in accordance with the procedure referred to in Article 14(2). 3. Member States shall collect the data every five years. Article 11 Transmission of data 1. Member States and the Commission, within their respective fields of competence, shall promote the conditions for increased use of electronic data collection, electronic data transmission and automatic data processing. 2. Member States shall transmit to the Commission (Eurostat) the individual data on enterprises in accordance with the existing Community provisions on transmission of data subject to statistical confidentiality as set out in Regulations (EC) No 322/97 and (Euratom, EEC) No 1588/90. Member States shall ensure that the transmitted data do not permit the direct identification of the statistical units. 3. Member States shall transmit the data in electronic form, in conformity with the appropriate technical format and the interchange standard to be determined in accordance with the procedure referred to in Article 14(2). 4. Member States shall transmit the complete and correct data no later than 18 months after the end of each reference year. Article 12 Report on implementation 1. By 20 October 2010 and after consultation of the Statistical Programme Committee, the Commission shall transmit a report to the European Parliament and the Council on the implementation of this Regulation. In particular, this report shall: (a) assess the benefits accruing to the Community, the Member States and the users of the statistics produced in relation to the burden on the respondents; and (b) identify areas for potential improvement and amendments considered necessary in the light of the results obtained. 2. Following the report, the Commission may propose measures to improve the implementation of this Regulation. Article 13 Implementing measures The measures necessary for the implementation of this Regulation, including measures to take account of economic and technical developments concerning the collection, transmission and processing of the data, shall be adopted in accordance with the procedure referred to in Article 14(2). Article 14 Committee procedure 1. The Commission shall be assisted by the Statistical Programme Committee. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. Article 15 Financing 1. For the first reference year for which the Community statistics provided for in this Regulation are produced, the Commission shall make a financial contribution to the Member States to help cover the costs incurred by them in collecting, processing and transmitting the data. 2. The amount of the financial contribution shall be fixed as part of the relevant annual budgetary procedure. The budget authority shall determine the appropriation available. 3. In implementing this Regulation, the Commission may have recourse to experts and to technical assistance organisations, the financing of which may be provided for within the overall financial framework for this Regulation. The Commission may organise seminars, colloquia or other meetings of experts as are likely to facilitate the implementation of this Regulation, and undertake appropriate information, publication and dissemination actions. Article 16 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 7 September 2005. For the European Parliament The President J. BORRELL FONTELLES For the Council The President C. CLARKE (1) Opinion of the European Parliament of 23 February 2005 (not yet published in the Official Journal) and Council Decision of 27 June 2005. (2) OJ C 134, 7.6.2003, p. 3. (3) OJ L 197, 5.8.2003, p. 13. (4) OJ L 52, 22.2.1997, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). (5) OJ L 151, 15.6.1990, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003. (6) OJ L 133, 18.5.2002, p. 7. (7) OJ L 184, 17.7.1999, p. 23. (8) OJ L 181, 28.6.1989, p. 47. (9) OJ L 76, 30.3.1993, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003. (10) OJ L 293, 24.10.1990, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003.

Summary: Statistics related to vocational training Statistics related to vocational training SUMMARY OF: Regulation (EC) No 1552/2005 — statistics relating to vocational training in enterprises WHAT IS THE AIM OF THIS REGULATION? It lays down the rules and methods for collecting European statistics on vocational training in enterprises*. KEY POINTS Data to be collected in enterprises EU countries must collect data on the following: enterprises’ training policy and training strategies to develop workforce skills; management, organisation and forms of continuing vocational training in enterprises; the role of social partners in ensuring all aspects of continuing vocational training in the workplace; access to continuing vocational training, its volume and content, especially in the context of economic activity and enterprise size; specific measures of enterprises to improve their workforce’s skills in information and communication technologies; chances for employees in small and medium-sized enterprises (SMEs) to access continuing vocational training and to acquire new skills, and specific SME needs in the provision of training; the effects of public measures on this form of training in enterprises; equal opportunities to access training in enterprises for all employees (and with respect to gender and specific age-groups in particular); specific measures for people at a disadvantage in the labour market, for example, older people and people from minorities; measures geared to different types of employment contract; expenditure on continuing vocational training: funding levels and funding resources, incentives for continuing vocational training; and evaluation and monitoring procedures of enterprises as regards continuing vocational training. As regards, initial vocational training in the workplace, EU countries should collect data on: participants in training of this type; and total expenditure on training of this type. Scope The statistics cover training in enterprises involved in economic activities falling into sections B to N and R to S of the EU’s NACE classification*. Statistical units As a general rule, data are gathered only in relation to enterprises employing 10 or more people. Data sources EU countries may collect the data by means of surveys in enterprises or a combination of surveys in enterprises and other sources, in order to minimise the burden on respondents and keep administration simple. EU countries lay down the procedures for enterprises to reply to the survey by the prescribed deadlines. Other sources of data may be used where deemed appropriate in terms of timeliness and relevance. Survey characteristics and approach EU countries must ensure that the data they transmit accurately reflect the structure of the population of the statistical units. The survey must be conducted in such a way as to permit a breakdown of the results at EU level of at least the following categories: economic activities size of enterprise. The European Commission (Eurostat) decides on the sampling requirements, the sample sizes to meet those requirements and the detailed specifications of the NACE and size categories into which the results can be broken down. The Commission also decides on the specific data to be collected with respect to training* and non-training enterprises* and to the different forms of vocational training. Quality control EU countries are responsible for ensuring the quality of the data they transmit to Eurostat. After each reference period of 1 calendar year, they must, within 21 months, submit a quality report to Eurostat containing all the information and data requested. The report should also mention whether there have been any breaches in the methodological requirements. On the basis of these reports, Eurostat assesses the quality of the data transmitted in order to ensure its comparability. Periodicity EU countries must collect the data every 5 years. Transmission of data EU countries send the individual data on enterprises to Eurostat in accordance with the EU legislation on data transmission, subject to statistical confidentiality, as set out in Regulation (EC) No 223/2009. They must ensure that the data sent do not permit the direct identification of the statistical units. Transmission is in an electronic form and in accordance with specifications agreed by the European Statistical System Committee, a committee that assists and advises Eurostat comprising representatives from EU countries and chaired by the Commission . EU countries must transmit the complete and correct data no later than 18 months after the end of each reference year. FROM WHEN DOES THE REGULATION APPLY? It has applied since 20 October 2005. BACKGROUND For more information, see: Vocational education and training statistics (Eurostat) Continuing vocational training survey (Eurostat). KEY TERMS Enterprise: the statistical unit used by Eurostat for observing and analysing the EU’s production system. NACE classification: abbreviation for the EU’s classification of economic activities, from the French Nomenclature statistique des activités économiques. Training enterprises: enterprises covered by the sampling that supply training services. Non-training enterprises: enterprises covered by the sampling but whose business is not to supply training services. MAIN DOCUMENT Regulation (EC) No 1552/2005 of the European Parliament and of the Council of 7 September 2005 on statistics relating to vocational training in enterprises (OJ L 255, 30.9.2005, pp. 1-5) Successive amendments to Regulation (EC) No 1552/2005 have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, pp. 164-173) See consolidated version. last update 13.11.2017


27.7.2005 EN Official Journal of the European Union L 195/15 COUNCIL DIRECTIVE 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 139(2) thereof, Having regard to the proposal from the Commission, Whereas: (1) This Directive complies with the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union and is designed to ensure full compliance with Article 31 thereof, which provides that all workers have the right to healthy, safe and dignified working conditions, to a limit on their maximum working time and to weekly and daily rest periods and an annual period of paid holidays. (2) The social partners may, in accordance with Article 139(2) of the Treaty, jointly request that Agreements concluded at Community level be implemented by a Council Decision on a proposal from the Commission. (3) The Council adopted Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (1). Rail transport was one of the sectors of activity excluded from the scope of that Directive. The European Parliament and the Council adopted Directive 2000/34/EC (2) amending Directive 93/104/EC in order to cover the sectors and activities which had previously been excluded. (4) The European Parliament and the Council adopted Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time (3), which codified and repealed Directive 93/104/EC. (5) Directive 2003/88/EC provides for derogations from Articles 3, 4, 5, 8 and 16 thereof in the case of persons working in the rail transport sector on board trains. (6) The Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) have informed the Commission of their desire to enter into negotiations in accordance with Article 139(1) of the Treaty. (7) On 27 January 2004 those organisations concluded an Agreement on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services, hereinafter referred to as ‘the Agreement’. (8) The Agreement included a joint request for the Commission to implement the Agreement by a Council Decision on a proposal from the Commission in accordance with Article 139(2) of the Treaty. (9) Directive 2003/88/EC applies to mobile workers engaged in interoperable cross-border services, except where more specific provisions are contained in this Directive and in the Agreement annexed thereto. (10) For the purposes of Article 249 of the Treaty, the appropriate instrument for implementing the Agreement is a Directive. (11) Since, in the light of completion of the internal market in the rail transport sector and the competition in the sector, the objectives of this Directive, which is intended to protect health and safety, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives. (12) The development of the European railways sector requires close monitoring of the role of current and new actors, in order to ensure harmonious development throughout the Community. The European social dialogue in this field should be able to reflect this development and to take it into account as far as possible. (13) This Directive leaves the Member States free to define those terms of the Agreement that it does not specify in accordance with national legislation and practice, as is the case for other Directives on social policy matters using similar terms, as long as the definitions used are compatible with the Agreement. (14) The Commission has prepared its proposal for a Directive in accordance with its Communication of 20 May 1998 entitled ‘Adapting and promoting social dialogue at Community level’, taking into account the representative status of the contracting parties and the legality of each clause of the Agreement; the signatories are sufficiently representative of the mobile railway workers assigned to interoperable cross-border services run by the railway companies. (15) The Commission has drawn up its proposal for a Directive in accordance with Article 137(2) of the Treaty, which provides that Directives in the social domain shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. (16) This Directive and the Agreement lay down minimum standards; the Member States and/or the social partners should be able to maintain or introduce more favourable provisions. (17) The Commission has informed the European Parliament, the European Economic and Social Committee and the Committee of the Regions by sending them the proposal for a Directive for implementing the Agreement. (18) The European Parliament adopted a resolution on the Agreement of the social partners on 26 May 2005. (19) Implementing the Agreement will contribute to achieving the aims set out in Article 136 of the Treaty. (20) In accordance with paragraph 34 of the Interinstitutional agreement on better law-making (4), Member States will be encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and the transposition measures and to make them public, HAS ADOPTED THIS DIRECTIVE: Article 1 The purpose of this Directive is to implement the Agreement concluded on 27 January 2004 between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services. The text of the Agreement is annexed to this Directive. Article 2 1. Member States may maintain or introduce more favourable provisions than those laid down by this Directive. 2. The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive. This shall be without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided always that the minimum requirements laid down in this Directive are complied with. Article 3 Without prejudice to the provisions of the Agreement on the follow-up and evaluation by the signatories, the Commission shall, after consulting management and labour at European level, report to the European Parliament and the Council on the implementation of this Directive in the context of the development of the railways sector, before 27 July 2011. Article 4 Member States shall determine what penalties are applicable when national provisions enacted pursuant to this Directive are infringed and shall take all necessary measures to ensure that they are implemented. The penalties must be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission by 27 July 2008 and any subsequent amendments thereto in good time. Article 5 Member States shall, after consultation with the social partners, bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 27 July 2008 or shall ensure that the social partners have adopted the necessary provisions by means of an Agreement by that date. They shall immediately forward the text of the provisions to the Commission. Member States shall take all necessary measures to enable them to guarantee at any time the outcome required by this Directive and shall inform the Commission thereof immediately. 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 Member States. Article 6 This Directive shall enter into force on the date of its publication in the Official Journal of the European Union. Article 7 This Directive is addressed to the Member States. Done at Brussels, 18 July 2005. For the Council The President M. BECKETT (1) OJ L 307, 13.12.1993, p. 18. Directive as amended by Directive 2000/34/EC. (2) OJ L 195, 1.8.2000, p. 41. (3) OJ L 299, 18.11.2003, p. 9. (4) OJ C 321, 31.12.2003, p. 1. AGREEMENT concluded by the European Transport Workers' Federation (ETF) and the Community of European Railways (CER) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services HAVING REGARD TO: — the development of rail transport, which requires the modernisation of the system and the development of trans-European traffic and thus interoperable services; — the need to develop safe cross-border traffic and protect the health and safety of the mobile workers engaged in interoperable cross-border services; — the need to avoid competition based solely on differences in working conditions; — the importance of developing rail transport within the European Union; — the idea that these aims will be met by creating common rules on minimum standard working conditions for mobile workers engaged in interoperable cross-border services; — the conviction that the number of such workers will increase over the coming years; — the Treaty establishing the European Community, and in particular Articles 138 and 139(2) thereof; — Directive 93/104/EC (amended by Directive 2000/34/EC), and in particular Articles 14 and 17 thereof; — the Convention on the law applicable to contractual obligations (Rome, 19 June 1980); — the fact that Article 139(2) of the Treaty provides that agreements concluded at European level may be implemented at the joint request of the signatories by a Council decision on a proposal from the Commission; — the fact that the signatories hereby make such a request, THE SIGNATORIES HAVE AGREED AS FOLLOWS: Clause 1 Scope This Agreement shall apply to mobile railway workers assigned to interoperable cross-border services carried out by railway undertakings. The application of this Agreement is optional for local and regional cross-border passenger traffic, cross-border freight traffic travelling no further than 15 kilometres beyond the border, and for traffic between the official border stations listed in the Annex. It is also optional for trains on cross-border routes which both start and stop on the infrastructure of the same Member State and use the infrastructure of another Member State without stopping there (and which can therefore be considered national transport operations). As regards mobile workers engaged in interoperable cross-border services, Directive 93/104/EC shall not apply to those aspects for which this Agreement contains more specific provisions. Clause 2 Definitions For the purposes of this Agreement, the following definitions apply: 1. ‘interoperable cross-border services’: cross-border services for which at least two safety certificates as stipulated by Directive 2001/14/EC are required from the railway undertakings; 2. ‘mobile worker engaged in interoperable cross-border services’: any worker who is a member of a train crew, who is assigned to interoperable cross-border services for more than one hour on a daily shift basis; 3. ‘working time’: any period during which the worker is at work, at the employer's disposal and carrying out his or her activities or duties, in accordance with national laws and/or practice; 4. ‘rest period’: any period which is not working time; 5. ‘night time’: any period of not less than seven hours, as defined by national law, and which must include in any case the period between midnight and 5 a.m.; 6. ‘night shift’: any shift of at least three hours' work during the night time; 7. ‘rest away from home’: daily rest which cannot be taken at the normal place of residence of the mobile worker; 8. ‘driver’: any worker in charge of operating a traction unit; 9. ‘driving time’: the duration of the scheduled activity where the driver is in charge of the traction unit, excluding the scheduled time to prepare or shut down that traction unit, but including any scheduled interruptions when the driver remains in charge of the traction unit. Clause 3 Daily rest at home Daily rest at home must be a minimum of 12 consecutive hours per 24-hour period. However, it may be reduced to a minimum of nine hours once every seven-day period. In that case, the hours corresponding to the difference between the reduced rest and 12 hours will be added to the next daily rest at home. A significantly reduced daily rest shall not be scheduled between two daily rests away from home. Clause 4 Daily rest away from home The minimum daily rest away from home shall be eight consecutive hours per 24-hour period. A daily rest away from home must be followed by a daily rest at home (1). It is recommended that attention should be paid to the level of comfort of the accommodation offered to staff resting away from home. Clause 5 Breaks (a) Drivers If the working time of a driver is longer than eight hours, a break of at least 45 minutes shall be taken during the working day. Or When the working time is between six and eight hours, this break shall be at least 30 minutes long and shall be taken during the working day. The time of day and the duration of the break shall be sufficient to ensure an effective recuperation of the worker. Breaks may be adapted during the working day in the event of train delays. A part of the break should be given between the third and the sixth working hour. Clause 5(a) shall not apply if there is a second driver. In that case, the conditions for granting the breaks shall be regulated at national level. (b) Other on-board staff For other on-board staff, a break of at least 30 minutes shall be taken if the working time is longer than six hours. Clause 6 Weekly rest period Any mobile worker engaged in interoperable cross-border services is entitled, per seven-day period, to a minimum uninterrupted weekly rest period of 24 hours plus the 12 hours' daily rest period referred to in Clause 3 above. Each year, every mobile worker shall have 104 rest periods of 24 hours, including the 24-hour periods of the 52 weekly rest periods, including: — 12 double rest periods (of 48 hours plus a daily rest of 12 hours) including Saturday and Sunday, and — 12 double rest periods (of 48 hours plus a daily rest of 12 hours) without the guarantee that this will include a Saturday or Sunday. Clause 7 Driving time The driving time, as defined in Clause 2, shall not exceed nine hours for a day shift and eight hours for a night shift between two daily rest periods. The maximum driving time over a two-week period is limited to 80 hours. Clause 8 Checks A record of daily working hours and rest periods for the mobile workers shall be kept to allow monitoring of compliance with the provisions of this Agreement. Information on actual working hours must be available. This record shall be kept in the undertaking for at least one year. Clause 9 Non-regression clause The implementation of this Agreement shall not constitute in any case valid grounds for reducing the general level of protection afforded to mobile workers engaged in interoperable cross-border services. Clause 10 Follow-up to the Agreement The signatories shall follow up the implementation and application of this Agreement in the framework of the Sectoral Dialogue Committee for the railways sector, established in accordance with Commission Decision 98/500/EC. Clause 11 Evaluation The parties shall evaluate the provisions of this Agreement two years after its signing in the light of initial experience in the development of interoperable cross-border transport. Clause 12 Review The parties shall review the above provisions two years after the end of the implementation period laid down in the Council Decision putting this Agreement into effect. Brussels, 27 January 2004. On behalf of the CER Giancarlo CIMOLI President Johannes LUDEWIG Executive Director Francesco FORLENZA Chairman of the Group of Human Resources Directors Jean-Paul PREUMONT Social Affairs Adviser On behalf of the ETF Norbert HANSEN Chairman of the Railway Section Jean-Louis BRASSEUR Vice-Chairman of the Railway Section Doro ZINKE General Secretary Sabine TRIER Political Secretary (1) The parties agree that negotiations on a second consecutive rest away from home as well as compensation for rest away from home could take place between the social partners at railway undertaking or national level as appropriate. At European level, the question of the number of consecutive rests away from home as well as compensation for the rest away from home will be renegotiated two years after signature of this Agreement. ANNEX List of the official border stations located beyond the 15 km limit and for which the agreement is optional RZEPIN (PL) TUPLICE (PL) ZEBRZYDOWICE (PL) DOMODOSSOLA (IT)

Summary: Cross-border train crews — working conditions Cross-border train crews — working conditions SUMMARY OF: Directive 2005/47/EC on the agreement on certain aspects of the working conditions of workers engaged in interoperable cross-border rail services WHAT IS THE AIM OF THE DIRECTIVE? The aim of the directive is to give effect to the agreement on certain aspects of the working conditions of mobile workers* assigned to interoperable cross-border services*. The agreement was concluded between the social partners in the railways sector, namely the Community of European Railways and the European Transport Workers’ Federation. KEY POINTS The agreement strikes a balance between: the need to ensure adequate protection of the health and safety of mobile workers in interoperable cross-border rail services; and the need for flexibility in running rail transport enterprises in an integrated European Union (EU) railway network. The agreement grants workers a daily rest period of 12 consecutive hours and breaks of between 30 and 45 minutes. It limits daily driving time to 9 hours on a day shift and 8 hours on a night shift. The agreement also gives employers greater flexibility because, under exceptional circumstances, they can shorten the daily rest periods to 9 hours instead of to 11 as provided for in Directive 2003/88/EC on the organisation of working time. EU countries may keep or introduce more favourable rules than those laid down in this directive. The directive may not be used to justify a lower level of protection for workers where better protection is given under existing national legislation. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 27 July 2005. EU countries had to incorporate it into national law by 27 July 2008. BACKGROUND This directive is part of the overall framework for interoperability of EU rail systems. A better-integrated rail network will enable the EU to cut down on road transport and reduce its harmful side effects. By involving social partners it seeks to ensure satisfactory working conditions for workers in interoperable rail services. * KEY TERMS Mobile worker: any member of a train crew who is assigned to interoperable cross-border services for more than one hour on a daily shift basis. Interoperable cross-border service: operation of trains belonging to one country over the tracks of another country. MAIN DOCUMENT Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector (OJ L 195, 27.7.2005, pp. 15-17) RELATED DOCUMENTS Communication from the Commission to the Council — Economic and social impact of the Agreement appended to Directive 2005/47/EC concluded on 27 January 2004 between the social partners on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector (COM(2008), 855 final, 15.12.2008) Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, pp. 9-19) last update 06.09.2016


25.11.2005 EN Official Journal of the European Union L 310/10 DIRECTIVE 2005/64/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure referred to in Article 251 of the Treaty (2), Whereas: (1) In accordance with Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (3), appropriate provisions should be laid down to ensure that type-approved vehicles belonging to category M1, and those belonging to category N1, may be put on the market only if they are reusable and/or recyclable to a minimum of 85 % by mass and are reusable and/or recoverable to a minimum of 95 % by mass. (2) Reusability of component parts, recyclability and recoverability of materials constitute a substantial part of the Community strategy for waste management. Therefore vehicle manufacturers and their suppliers should be requested to include those aspects at the earliest stages of the development of new vehicles, in order to facilitate the treatment of vehicles at the time when they reach the end of their life. (3) This Directive constitutes one of the separate directives within the framework of the Community whole vehicle type-approval system established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (4). (4) That whole vehicle type-approval system is currently compulsory for vehicles belonging to category M1 and will be extended, in the near future, to all categories of vehicle. It is therefore necessary to include in the whole vehicle type-approval system those measures concerning the re-usability, recyclability and recoverability of vehicles. (5) Accordingly, it is necessary to lay down provisions to take into account the fact that N1 vehicles are not yet covered by the whole vehicle type-approval system. (6) The manufacturer should make available to the approval authority all relevant technical information as regards constituent materials and their respective masses in order to permit verification of the manufacturer's calculations in accordance with the standard ISO 22628: 2002. (7) The manufacturer's calculations can be properly validated at the time of the vehicle type-approval only if the manufacturer has put in place satisfactory arrangements and procedures to manage all information he receives from his suppliers. Before any type-approval can be granted, the competent body should carry out a preliminary assessment of those arrangements and procedures and should issue a certificate indicating that they are satisfactory. (8) The relevance of the different inputs in the calculations of the recyclability and recoverability rates has to be assessed in accordance with the processes for treatment of end-of-life vehicles. The manufacturer should therefore recommend a strategy for the treatment of end-of-life vehicles and should provide details thereof to the competent body. This strategy should be based on proven technologies, which are available or in development at the time of applying for the vehicle approval. (9) Special-purpose vehicles are designed to perform a specific function and require special bodywork arrangements which are not entirely under the control of the manufacturer. Consequently, the recyclability and recoverability rates cannot be calculated properly. Those vehicles should therefore be excluded from the requirements concerning calculation. (10) Incomplete vehicles constitute a significant proportion of N1 vehicles. The manufacturer of the base vehicle is not in a position to calculate the recyclability and recoverability rates for completed vehicles because the data concerning the later stages of construction are not available at the design stage of the base vehicles. It is therefore appropriate to require only the base vehicle to comply with this Directive. (11) The market shares of vehicles produced in small series are very limited, so that there will be little benefit to the environment if they have to comply with this Directive. It is therefore appropriate to exclude them from certain provisions of this Directive. (12) In accordance with Directive 2000/53/EC, appropriate measures should be taken, in the interests of road safety and protection of the environment, to prevent the reuse of certain component parts which have been removed from end-of-life vehicles. Such measures should be restricted to the reuse of parts in the construction of new vehicles. (13) The provisions set out in this Directive will impose on manufacturers the supply of new data relating to type-approval and therefore these particulars should be reflected in Directive 70/156/EEC, which establishes the exhaustive list of data to be submitted for type-approval. It is therefore necessary to amend that Directive accordingly. (14) The measures necessary for the adaptation to scientific and technical progress of this Directive should be adopted in accordance with the regulatory procedure provided for in Article 13(3) of Directive 70/156/EEC. (15) Since the objective of this Directive, namely to minimise the impact of end-of-life vehicles on the environment by requiring that vehicles be designed from the conception phase with a view to facilitating reuse, recycling and recovery, cannot be sufficiently achieved by the Member States acting alone and can, therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective. (16) In accordance with paragraph 34 of the Interinstitutional Agreement on better law-making (5), Member States will be encouraged to draw up, for themselves and in the interest of the Community, their own tables which will, as far as possible, illustrate the correlation between this Directive and the transposition measures and to make them public, HAVE ADOPTED THIS DIRECTIVE: Article 1 Subject matter This Directive lays down the administrative and technical provisions for the type-approval of vehicles covered by Article 2, with a view to ensuring that their component parts and materials can be reused, recycled and recovered in the minimum percentages set out in Annex I. It lays down specific provisions to ensure that the re-use of component parts does not give rise to safety or environmental hazards. Article 2 Scope This Directive shall apply to vehicles belonging to categories M1 and N1, as defined in Part A of Annex II to Directive 70/156/EEC, and to new or reused component parts of such vehicles. Article 3 Exemptions Without prejudice to the application of the provisions of Article 7, this Directive shall not apply to: (a) special purpose vehicles as defined in part A, point 5, of Annex II to Directive 70/156/EEC; (b) multi-stage built vehicles belonging to category N1, provided that the base vehicle complies with this Directive; (c) vehicles produced in small series, referred to in Article 8(2)(a) of Directive 70/156/EEC. Article 4 Definitions For the purposes of this Directive, the following definitions shall apply: 1. ‘vehicle’ means a motor vehicle; 2. ‘component part’ means any part or any assembly of parts which is included in a vehicle at the time of its production. It also covers components and separate technical units as defined in Article 2 of Directive 70/156/EEC; 3. ‘vehicle type’ means the type of a vehicle as defined in part B, points 1 and 3, of Annex II to Directive 70/156/EEC; 4. ‘end-of-life vehicle’ means a vehicle as defined in point 2 of Article 2 of Directive 2000/53/EC; 5. ‘reference vehicle’ means the version within a type of vehicle, which is identified by the approval authority, in consultation with the manufacturer and in accordance with the criteria laid down in Annex I, as being the most problematic in terms of reusability, recyclability and recoverability; 6. ‘multi-stage built vehicle’ means a vehicle resulting from a multi-stage construction process; 7. ‘base vehicle’ means a vehicle as defined in Article 2, fourth indent of Directive 70/156/CEE, which is used at the starting stage of a multi-stage construction; 8. ‘multi-stage construction’ means the process by which a vehicle is produced in several stages by adding component parts to a base vehicle or by modifying those component parts; 9. ‘reuse’ means reuse as defined in point 6 of Article 2 of Directive 2000/53/EC; 10. ‘recycling’ means recycling as defined in the first sentence of point 7 of Article 2 of Directive 2000/53/EC; 11. ‘energy recovery’ means energy recovery as defined in the second sentence of point 7 of Article 2 of Directive 2000/53/EC; 12. ‘recovery’ means recovery as defined in point 8 of Article 2 of Directive 2000/53/EC; 13. ‘reusability’ means the potential for reuse of component parts diverted from an end-of-life vehicle; 14. ‘recyclability’ means the potential for recycling of component parts or materials diverted from an end-of-life vehicle; 15. ‘recoverability’ means the potential for recovery of component parts or materials diverted from an end-of-life vehicle; 16. ‘recyclability rate of a vehicle (Rcyc)’ means the percentage by mass of a new vehicle, potentially able to be reused and recycled; 17. ‘recoverability rate of a vehicle (Rcov)’ means the percentage by mass of a new vehicle, potentially able to be reused and recovered; 18. ‘strategy’ means a large-scale plan consisting of coordinated actions and technical measures to be taken as regards dismantling, shredding or similar processes, recycling and recovery of materials to ensure that the targeted recyclability and recoverability rates are attainable at the time a vehicle is in its development phase; 19. ‘mass’ means the mass of the vehicle in running order as defined in point 2.6 of Annex I to Directive 70/156/EEC, but excluding the driver, whose mass is assessed at 75 kg; 20. ‘competent body’ means an entity, e.g. a technical service or another existing body, notified by a Member State to carry out preliminary assessment of the manufacturer and to issue a certificate of compliance, in accordance with the prescriptions of this Directive. The competent body may be the type-approval authority, provided its competence in this field is properly documented. Article 5 Type-approval provisions 1. Member States shall grant, as appropriate, EC type-approval or national type-approval, with regard to reusability, recyclability and recoverability, only to such vehicle types that satisfy the requirements of this Directive. 2. For the application of paragraph 1, the manufacturer shall make available to the approval authority the detailed technical information necessary for the purposes of the calculations and checks referred to in Annex I, relating to the nature of the materials used in the construction of the vehicle and its component parts. In cases where such information is shown to be covered by intellectual property rights or to constitute specific know-how of the manufacturer or of his suppliers, the manufacturer or his suppliers shall supply sufficient information to enable those calculations to be made properly. 3. With regard to reusability, recyclability and recoverability, the Member States shall ensure that the manufacturer uses the model of the information document set out in Annex II to this Directive, when submitting an application for EC vehicle type-approval, pursuant to Article 3(1) of Directive 70/156/EEC. 4. When granting an EC type-approval pursuant to Article 4(3) of Directive 70/156/EEC, the type-approval authority shall use the model of the EC type-approval certificate set out in Annex III to this Directive. Article 6 Preliminary assessment of the manufacturer 1. Member States shall not grant any type approval without first ensuring that the manufacturer has put in place satisfactory arrangements and procedures, in accordance with point 3 of Annex IV, to manage properly the reusability, recyclability and recoverability aspects covered by this Directive. When this preliminary assessment has been carried out, a certificate named ‘Certificate of Compliance with Annex IV’ (hereinafter the certificate of compliance) shall be granted to the manufacturer. 2. In the framework of the preliminary assessment of the manufacturer, Member States shall ensure that the materials used for the construction of a vehicle type comply with the provisions of Article 4(2)(a) of Directive 2000/53/EC. The Commission shall, in accordance with the procedure referred to in Article 9, establish the detailed rules necessary to verify compliance with this provision. 3. For the purpose of paragraph 1, the manufacturer shall recommend a strategy to ensure dismantling, reuse of component parts, recycling and recovery of materials. The strategy shall take into account the proven technologies available or in development at the time of the application for a vehicle type-approval. 4. Member States shall appoint a competent body, in accordance with point 2 of Annex IV, to carry out the preliminary assessment of the manufacturer and to issue the certificate of compliance. 5. The certificate of compliance shall include the appropriate documentation and describe the strategy recommended by the manufacturer. The competent body shall use the model set out in the Appendix to Annex IV. 6. The certificate of compliance shall remain valid for no less than two years from the date of deliverance of the certificate before new checks shall be conducted. 7. The manufacturer shall inform the competent body of any significant change that could affect the relevance of the certificate of compliance. After consultation with the manufacturer, the competent body shall decide whether new checks are necessary. 8. At the end of the period of validity of the certificate of compliance, the competent body shall, as appropriate, issue a new certificate of compliance or extend its validity for a further period of two years. The competent body shall issue a new certificate in cases where significant changes have been brought to the attention of the competent body. Article 7 Reuse of component parts The component parts listed in Annex V shall: (a) be deemed to be non-reusable for the purposes of calculating the recyclability and recoverability rates; (b) not be reused in the construction of vehicles covered by Directive 70/156/EEC. Article 8 Amendments to Directive 70/156/EEC Directive 70/156/EEC shall be amended in accordance with Annex VI to this Directive. Article 9 Amendments Amendments to this Directive which are necessary to adapt it to scientific and technical progress shall be adopted by the Commission in accordance with the regulatory procedure referred to in Article 13(3) of Directive 70/156/EEC. Article 10 Implementation dates for type-approval 1. With effect from 15 December 2006, Member States shall not, in respect of a type of vehicle which complies with the requirements of this Directive: (a) refuse to grant EC or national type-approval, (b) prohibit the registration, sale or entry into service of new vehicles. 2. With effect from 15 December 2008, Member States shall, in respect of a type of vehicle which does not comply with the requirements of this Directive: (a) refuse to grant EC type-approval; (b) refuse to grant national type-approval. 3. With effect from 15 July 2010, Member States shall, if the requirements of this Directive are not met: (a) consider certificates of conformity which accompany new vehicles as no longer valid for the purposes of Article 7(1) of Directive 70/156/EEC; (b) refuse the registration, sale or entry into service of new vehicles, save where Article 8(2)(b) of Directive 70/156/EEC applies. 4. Article 7 shall apply with effect from 15 December 2006. Article 11 Transposition 1. Member States shall adopt and publish, not later than 15 December 2006, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures. They shall apply those measures from 15 December 2006. When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 12 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 13 Addressees This Directive is addressed to the Member States. Done at Strasbourg, 26 October 2005. For the European Parliament The President J. BORRELL FONTELLES For the Council The President D. ALEXANDER (1) OJ C 74, 23.3.2005, p. 15. (2) Opinion of the European Parliament of 14 April 2005 (not yet published in the Official Journal) and Council Decision of 6 October 2005. (3) OJ L 269, 21.10.2000, p. 34. Directive as last amended by Council Decision 2005/673/EC (OJ L 254, 30.9.2005, p. 69). (4) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2005/49/EC (OJ L 194, 26.7.2005, p. 12). (5) OJ C 321, 31.12.2003, p. 1. ANNEX LIST OF ANNEXES Annex I: Requirements Annex II: Information document for EC vehicle type-approval Annex III: Model of the EC type-approval certificate Annex IV: Preliminary assessment of the manufacturer Appendix: model of the certificate of compliance Annex V: Component parts deemed to be non reusable Annex VI: Amendments to Directive 70/156/EEC ANNEX I REQUIREMENTS 1. Vehicles belonging to category M1 and those belonging to category N1 shall be so constructed as to be: — reusable and/or recyclable to a minimum of 85 % by mass, and — reusable and/or recoverable to a minimum of 95 % by mass, as determined by the procedures laid down in this Annex. 2. For the purposes of type-approval, the manufacturer shall submit a data presentation form duly completed, established in accordance with Annex A to the standard ISO 22628: 2002. It shall include the materials breakdown. It shall be accompanied by a listing of the dismantled component parts, declared by the manufacturer with respect to the dismantling stage, and the process he recommends for their treatment. 3. For the application of points 1 and 2, the manufacturer shall demonstrate to the satisfaction of the approval authority that the reference vehicles meet the requirements. The calculation method prescribed in Annex B to the standard ISO 22628: 2002 shall apply. However, the manufacturer must be in a position to demonstrate that any version within the vehicle type complies with the requirements of this Directive. 4. For the purposes of the selection of the reference vehicles, account shall be taken of the following criteria: — the type of bodywork, — the available trim levels (1), — the available optional equipment (1) which can be fitted under the manufacturer's responsibility. 5. Should the type-approval authority and the manufacturer fail jointly to identify the most problematic version within a type of vehicle, in terms of reusability, recyclability and recoverability, one reference vehicle shall be selected, within: (a) each ‘type of bodywork’, as defined in point 1 of part C of Annex II to Directive 70/156/EEC in the case of M1 vehicles; (b) each ‘type of bodywork’, i.e. van, chassis-cab, pick-up, etc., in the case of N1 vehicles. 6. For the purposes of calculations, tyres shall be considered as recyclable. 7. Masses shall be expressed in kg with one decimal place. The rates shall be calculated in percent with one decimal place, then rounded as follows: (a) if the figure following the decimal point is between 0 and 4, the total is rounded down; (b) if the figure following the decimal point is between 5 and 9, the total is rounded up. 8. For the purposes of checking the calculations referred to in this Annex, the approval authority shall ensure that the data presentation form referred to in point 2 is coherent with the recommended strategy annexed to the certificate of compliance referred to in Article 6(1) of this Directive. 9. For the purposes of checks of the materials and masses of component parts, the manufacturer shall make available vehicles and component parts as deemed necessary by the type-approval authority. (1) i.e. leather upholstery, in-car radio equipment, air-conditioning, alloy wheels, etc. ANNEX II INFORMATION DOCUMENT FOR EC VEHICLE TYPE-APPROVAL in accordance with Annex I to Council Directive 70/156/EEC (1) relating to EC type-approval of a vehicle with regard to its reusability, recyclability and recoverability The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail. 0. GENERAL 0.1. Make (trade name of manufacturer):… 0.2. Type:… 0.2.0.1. Chassis:… 0.2.1. Commercial name(s) (if available):… 0.3. Means of identification of type, if marked on the vehicle (b):… 0.3.1. Location of that marking:… 0.4. Category of vehicle (c):… 0.5. Name and address of manufacturer:… 0.8. Address(es) of assembly plant(s):… 1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE 1.1. Photographs and/or drawings of a representative vehicle:… 1.2. Dimensional drawing of the whole vehicle:… 1.3. Number of axles and wheels:… 1.3.1. Number and position of axles with double wheels:… 1.3.3. Powered axles (number, position, interconnection):… 1.7. Driving cab (forward control or bonneted)(z):… 3. POWER PLANT (q) (In the case of a vehicle that can run either on petrol, diesel, etc., or also in combination with another fuel, items shall be repeated (+)) 3.1. Manufacturer:… 3.2. Internal combustion engine 3.2.1. Specific engine information 3.2.1.1. Working principle: positive ignition/compression ignition, four-stroke/two stroke (1) 3.2.1.2. Number and arrangement of cylinders:… 3.2.1.3. Engine capacity (s):…cm3 3.2.2. Fuel: diesel oil/petrol/LPG/NG/ethanol: (1) 4. TRANSMISSION (v) 4.2. Type (mechanical, hydraulic, electric, etc.):… 4.5. Gearbox 4.5.1. Type (manual/automatic/CVT (continuously variable transmission)) (1) 4.9. Differential lock: yes/no/optional (1) 9. BODYWORK 9.1. Type of bodywork:… 9.3.1. Door configuration and number of doors:… 9.10.3. Seats 9.10.3.1. Number:… 15. REUSABILITY, RECYCLABILITY and RECOVERABILITY 15.1. Version to which the reference vehicle belongs:… 15.2. Mass of the reference vehicle with bodywork or mass of the chassis with cab, without bodywork and/or coupling device if the manufacturer does not fit the bodywork and/or coupling device (including liquids, tools, spare wheel, if fitted) without driver:… 15.3. Masses of materials of the reference vehicle 15.3.1. Mass of material taken into account at the pre-treatment step (##):… 15.3.2. Mass of material taken into account at the dismantling step (##):… 15.3.3. Mass of material taken into account at the non-metallic residue treatment step, considered as recyclable (##): 15.3.4. Mass of material taken into account at the non-metallic residue treatment step, considered as energy recoverable (##):… 15.3.5. Materials breakdown (##):… 15.3.6. Total mass of materials, which are reusable and/or recyclable:… 15.3.7. Total mass of materials, which are reusable and/or recoverable:… 15.4. Rates 15.4.1. Recyclability rate ‘Rcyc ( %)’:… 15.4.2. Recoverability rate ‘Rcov ( %)’:… (1) The item numbers and footnotes used in this information document correspond to those set out in Annex I to Directive 70/156/EEC. Items not relevant for the purpose of this Directive are omitted. ANNEX III MODEL OF EC TYPE-APPROVAL CERTIFICATE Maximum format: A4 (210 x 297 mm) EC TYPE-APPROVAL CERTIFICATE Stamp of EC type-approval authority Communication concerning: — EC type-approval (1) of a type of vehicle — extension of EC type-approval (1) — refusal of EC type-approval (1) with regard to Directive 2005/64/EC EC type-approval number: Reason for extension: SECTION I 0.1. Make (trade name of manufacturer):… 0.2. Type:… 0.2.1. Commercial name(s) (2): 0.3. Means of identification of type, if marked on the vehicle:… 0.3.1. Location of that marking:… 0.4. Category of vehicle (3):… 0.5. Name and address of manufacturer:… 0.8. Name(s) and address(es) of assembly plant(s):… […] SECTION II 1. Additional information:… Recyclability rate(s) of the reference vehicle(s):… Recoverability rate(s) of the reference vehicle(s):… 2. Technical service responsible for carrying out the tests:… 3. Date of test report:… 4. Reference of test report:… 5. Remarks (if any):… 6. Attachments: the index and information package 7. The vehicle meets/does not meet (4) the technical requirements of this Directive:… … (Place) (Signature) (Date) Attachments: Information package. (1) Delete where not applicable. (2) If not available at the time of granting the EC type-approval, this item shall be completed at the latest when the vehicle is introduced on the market. (3) As defined in part A of Annex II to Directive 70/156/EEC. (4) Delete where not applicable. ANNEX IV PRELIMINARY ASSESSMENT OF THE MANUFACTURER 1. Purpose of this Annex This Annex describes the preliminary assessment that must be carried out by the competent body to ensure that the manufacturer has put in place the necessary arrangements and procedures. 2. Competent body The competent body shall comply with standard EN 45012: 1989 or ISO/IEC Guide 62: 1996 on the general criteria for certification bodies operating quality system certification as regards the management systems implemented by the manufacturer. 3. Checks to be performed by the competent body 3.1. The competent body shall ensure that the manufacturer has taken the necessary measures to: (a) collect appropriate data through the full chain of supply, in particular the nature and the mass of all materials used in the construction of the vehicles, in order to perform the calculations required under this Directive; (b) keep at his disposal all the other appropriate vehicle data required by the calculation process such as the volume of the fluids, etc.; (c) check adequately the information received from suppliers; (d) manage the breakdown of the materials; (e) be able to perform the calculation of the recyclability and recoverability rates in accordance with the standard ISO 22628: 2002; (f) mark the component parts made of polymers and elastomers in accordance with Commission Decision 2003/138/EC of 27 February 2003 establishing component and material coding standards for vehicles pursuant to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (1); (g) verify that no component part listed in Annex V is reused in the construction of new vehicles. 3.2. The manufacturer shall provide the competent body with all relevant information, in documentary form. In particular, recycling and recovery of materials shall be properly documented. (1) OJ L 53, 28.2.2003, p. 58. Appendix to Annex IV MODEL OF CERTIFICATE OF COMPLIANCE ANNEX V COMPONENT PARTS DEEMED TO BE NON-REUSABLE 1. Introduction This Annex addresses the component parts of vehicles belonging to category M1 and those belonging to category N1 which must not be reused in the construction of new vehicles. 2. List of component parts — All airbags (1), including cushions, pyrotechnic actuators, electronic control units and sensors — Automatic or non-automatic seat belt assemblies, including webbing, buckles, retractors, pyrotechnic actuators — Seats (only in cases where safety belt anchorages and/or airbags are incorporated in the seat) — Steering lock assemblies acting on the steering column — Immobilisers, including transponders and electronic control units — Emission after-treatment systems (e.g. catalytic converters, particulate filters) — Exhaust silencers. (1) When the airbag is inserted inside the steering wheel, the steering wheel itself. ANNEX VI AMENDMENTS TO DIRECTIVE 70/156/EEC Directive 70/156/EEC is amended as follows: 1. the following points shall be added in Annex I: ‘15. REUSABILITY, RECYCLABILITY and RECOVERABILITY 15.1. Version to which the reference vehicle belongs: 15.2. Mass of the reference vehicle with bodywork or mass of the chassis with cab, without bodywork and/or coupling device if the manufacturer does not fit the bodywork and/or coupling device (including liquids, tools, spare wheel, if fitted) without driver: 15.3. Mass of materials of the reference vehicle 15.3.1. Mass of material taken into account at the pre-treatment step (1): 15.3.2. Mass of material taken into account at the dismantling step (1): 15.3.3. Mass of material taken into account at the non-metallic residue treatment step, considered as recyclable (1): 15.3.4. Mass of material taken into account at the non-metallic residue treatment step, considered as energy recoverable (1): 15.3.5. Materials breakdown (1): 15.3.6. Total mass of materials, which are reusable and/or recyclable: 15.3.7. Total mass of materials, which are reusable and/or recoverable: 15.4. Rates 15.4.1. Recyclability rate “Rcyc ( %)”: 15.4.2. Recoverability rate “Rcov ( %)”: 2. the following item shall be added in Part I of Annex IV: Subject Directive No Official Journal reference Applicability M1 M2 M3 N1 N2 N3 O1 O2 O3 O4 ‘59. Recyclability 2005/64/EC L 310, 25 November 2005, p. 10 X — — X — — ’ 3. Annex XI is amended as follows: (a) the following item shall be added in Appendix 1: Item Subject Directive No M1 ≤ 2 500 (1) kg M1 > 2 500 (1) kg M2 M3 ‘59 Recyclability 2005/64/EC N/A N/A — —’ (b) the following item shall be added in Appendix 2: Item Subject Directive number M1 M2 M3 N1 N2 N3 O1 O2 O3 O4 ‘59 Recyclability 2005/64/EC N/A — — N/A — — — — — —’ (c) the following item shall be added in Appendix 3: Item Subject Directive number M2 M3 N1 N2 N3 O1 O2 O3 O4 ‘59 Recyclability 2005/64/EC — — N/A — — — — — —’ (1) These terms are defined in the standard ISO 22628: 2002.’;

Summary: Re-use, recycling and recovery of vehicle parts and materials Re-use, recycling and recovery of vehicle parts and materials Manufacturers must design vehicles so that minimum thresholds of parts and materials may be reused, recycled or recovered once the vehicle comes to the end of its natural life. The aim is to reduce waste from what are known as end-of-life vehicles. ACT Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC SUMMARY WHAT DOES THE DIRECTIVE DO? It lays down administrative and technical rules to ensure that a vehicle’s parts and materials may ultimately be reused, recycled and recovered as much as possible. It makes sure that the reused components do not cause any safety or environmental risks. KEY POINTS This European Union (EU) legislation applies to new models and models already being produced of cars, station wagons, people carriers and light commercial vehicles (e.g. vans). New vehicles may only be sold in the EU if they may be reused and/or recycled to a minimum of 85 % by mass or reused and/or recovered to a minimum of 95 % by mass. Manufacturers must have strategies in place to properly manage the reusability, recyclability and recoverability requirements of the legislation. If national authorities consider these strategies satisfactory, the manufacturer receives a certificate of compliance. This is valid for at least 2 years. The reuse of certain component parts, such as airbags, seat belts and steering locks, is banned and may not be used in new vehicles since they could present safety and environmental risks. The legislation does not apply to special purpose vehicles such as armoured cars and ambulances or vehicles produced in small series defined as fewer than 500 vehicles of one family of types sold per year in each EU country. Separate legislation sets out measures to prevent and limit waste from end-of-life vehicles and their components and ensures that wherever possible this is reused, recycled or recovered. BACKGROUND Every year, end-of-life vehicles create between 8 and 9 million tonnes of waste in the EU. For more information, see end-of-life vehicles on the European Commission’s website. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 2005/64/EC 15.12.2005 15.12.2006 OJ L 310 of 25.11.2005, pp. 10-27 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Directive 2009/1/EC 3.2.2009 - OJ L 9 of 14.1.2009, pp. 31-32 last update 25.08.2015