EUR-Lex - 31986L0278 - EN Avis juridique important | 31986L0278 Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture Official Journal L 181 , 04/07/1986 P. 0006 - 0012 Finnish special edition: Chapter 15 Volume 7 P. 0127 Swedish special edition: Chapter 15 Volume 7 P. 0127 COUNCIL DIRECTIVE of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (86/278/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the European Parliament(2), Having regard to the opinion of the Economic and Social Committee(3), Whereas the aim of this Directive is to regulate the use of sewage sludge in agriculture in such a way as to prevent harmful effects on soil, vegetation, animals and man, while encouraging its correct use; Whereas the disparity between the Member States' provisions on the agricultural applications of sewage sludge might affect the functioning of the common market; whereas in this field the approximation of laws provided for under Article 100 of the Treaty should therefore be instigated; Whereas sewage sludge used in agriculture is not covered by Council Directive 75/442/EEC of 15 July 1975 on waste(4); Whereas the measures for which provision is made in Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste(5) also apply to sewage sludge containing or contaminated by substances or materials listed in the Annex to that Directive which are of such a nature or are present in such quantities or concentrations that they represent a hazard to human health or to the environment; Whereas special arrangements should be made to ensure that man, animals, plants and the environment are fully safeguarded against the harmful effects arising from the uncontrolled use of sludge; Whereas this Directive also aims at establishing certain initial Community measures in connection with soil protection; Whereas sludge can have valuable agronomic properties and it is therefore justified to encourage its application in agriculture provided it is used correctly; whereas the use of sewage sludge must not impair the quality of the soil and of agricultural products; Whereas some heavy metals may be toxic to plants and also to man through their presence in crops and whereas it is necessary to lay down mandatory limit values for these elements in the soil; Whereas the use of sludge should be prohibited when the concentration of these metals in the soil exceeds these limit values; Whereas, moreover, it is necessary to prevent these limit values from being exceeded as a result of the use of sludge; whereas, to this end, it is necessary to limit the amount of heavy metals added to cultivated soil either by setting maximum quantities for the amounts of sludge used per annum and ensuring that the limit values for the concentration of heavy metals in the sludge used are not exceeded or by seeking to ensure that limit values for the quantities of heavy metals that can be added to the soil on the basis of a 10-year average are not exceeded; Whereas sludge must be treated before being used in agriculture; whereas Member States may nevertheless authorize, on certain conditions, the use of untreated sludge, without risk to human or animal health, if it is injected or worked into the soil; Whereas a certain period must elapse between using the sludge and putting stock out to pasture or harvesting fodder crops or certain crops which are normally in direct contact with the soil and normally consumed raw; whereas the use of sludge on fruit and vegetable crops during the growing season, except for fruit-tree crops, must be prohibited; Whereas sludge should be used under conditions which ensure that the soil and the surface and ground water are protected, in accordance with Directives 75/440/EEC(1) and 80/68/EEC(2); Whereas to this end it is necessary to monitor the quality of sludges and of the soils on which they are used and hence to make analyses and to communicate certain results to the users; Whereas a certain amount of essential information should be kept to ensure better awareness of the use of sludge in agriculture and whereas such information should be forwarded in the form of periodic reports to the Commission; whereas, in the light of these reports, the Commission will if necessary draw up proposals to ensure greater protection for the soil and the environement; Whereas sludge from small sewage-treatment plants which treat primarily domestic waste water represents little danger to human, animal and plant health and to the environment and should therefore be exempt from some of the obligations laid down relating to information and analysis; Whereas Member States should be able to draw up more stringent provisions than those laid down in this Directive; whereas such provisions should be communicated to the Commission; Whereas technical and scientific progress may make necessary the rapid adaptation of certain of the requirements laid down in this Directive; whereas, in order to facilitate the introduction of the measures required for this purpose, a procedure should be laid down whereby close cooperation could be established between the Member States and the Commission; whereas such cooperation should take place within a Committee on Adaptation to Technical and Scientific Progress; Whereas the Treaty has not provided the necessary powers, other than those of Article 235, HAS ADOPTED THIS DIRECITVE: Article 1 The purpose of this Directive is to regulate the use of sewage sludge in agriculture in such a way as to prevent harmful effects on soil, vegetation, animals and man, thereby encouraging the correct use of such sewage sludge. Article 2 For the purposes of this Directive: (a)'sludge' means: (i)residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters; (ii)residual sludge from septic tanks and other similar installations for the treatment of sewage; (iii)residual sludge from sewage plants other than those referred to in (i) and (ii); (b)'treated sludge' means: sludge which has undergone biological, chemical or heat treatment, long-term storage or any other appropriate process so as significantly to reduce its fermentability and the health hazards resulting from its use; (c)'agriculture' means: the growing of all types of commercial food crops, including for stock-rearing purposes; (d)'use' means: the spreading of sludge on the soil or any other application of sludge on and in the soil. Article 3 1. The sludge referred to in Article 2 (a) (i) may only be used in agriculture in accordance with this Directive. 2. Without prejudice to Directives 75/442/EEC and 78/319/EEC: -the sludge referred to in Article 2 (a) (ii) may be used in agriculture subject to any conditions that the Member State concerned may deem necessary for the protection of human health and the environment, -the sludge referred to in Article 2 (a) (iii) may be used in agriculture only if its use is regulated by the Member State concerned. Article 4 Values for concentrations of heavy metals in soil to which sludge is applied, concentrations of heavy metals in sludge and the maximum annual quantities of such heavy metals which may be introduced into soil intended for agriculture are given in Annexes I A, I B and I C. Article 5 Without prejudice to Article 12: 1.Member States shall prohibit the use of sludge where the concentration of one or more heavy metals in the soil exceeds the limit values which they lay down in accordance with Annex I A and shall take the necessary steps to ensure that those limit values are not exceeded as a result of the use of sludge. 2.Member States shall regulate the use of sludge in such a way that the accumulation of heavy metals in the soil does not lead to the limit values referred to in paragraph 1 being exceeded. To achieve this, they shall apply one or other of the procedures provided for in (a) and (b) below: (a)Member States shall lay down the maximum quantities of sludge expressed in tonnes of dry matter which may be applied to the soil per unit of area per year while observing the limit values for heavy metal concentration in sludge which they lay down in accordance with Annex I B; or (b)Member States shall ensure observance of the limit values for the quantities of metals introduced into the soil per unit of area and unit of time as set out in Annex I C. Article 6 Without prejudice to Article 7: (a)sludge shall be treated before being used in agriculture. Member States may nevertheless authorize, under conditions to be laid down by them, the use of untreated sludge if it is injected or worked into the soil; (b)sewage-sludge producers shall regularly provide users with all the information referred to in Annex II A. Article 7 Member States shall prohibit the use of sludge or the supply of sludge for use on: (a)grassland or forage crops if the grassland is to be grazed or the forage crops to be harvested before a certain period has elapsed. This period, which shall be set by the Member States taking particular account of their geographical and climatic situation, shall under no circumstances be less than three weeks; (b)soil in which fruit and vegetable crops are growing, with the exception of fruit trees; (c)ground intended for the cultivation of fruit and vegetable crops which are normally in direct contact with the soil and normally eaten raw, for a period of 10 months preceding the harvest of the crops and during the harvest itself. Article 8 The following rules shall be observed when using sludge: -the sludge shall be used in such a way that account is taken of the nutrient needs of the plants and that the quality of the soil and of the surface and ground water is not impaired, -where sludge is used on soils of which the pH is below 6, Member States shall take into account the increased mobility and availability to the crop of heavy metals and shall, if necessary, reduce the limit values they have laid down in accordance with Annex I A. Article 9 Sludge and soil on which it is used shall be analyzed as outlined in Annexes II A and II B. The reference methods for sampling and analysis are indicated in Annex II C. Article 10 1. Member States shall ensure that up-to-date records are kept, which register: (a)the quantities of sludge produced and the quantities supplied for use in agriculture; (b)the composition and properties of the sludge in relation to the parameters referred to in Annex II A; (c)the type of treatment carried out, as defined in Article 2 (b); (d)the names and addresses of the recipients of the sludge and the place where the sludge is to be used. 2. The records shall be available to the competent authorities and shall provide a basis for the consolidated report referred to in Article 17. 3. Information on the methods of treatment and the results of the analyses shall be released upon request to the competent authorities. Article 11 Member States may exempt from Article 6 (b) and Article 10 (1) (b), (c) and (d) and paragraph 2, sludge from sewage treatment plants with a treatment capacity below 300 kg BOD5 per day, corresponding to 5 000 person equivalents, which are designed primarily for the treatment of domestic waste water. Article 12 Where conditions so demand, Member States may take more stringent measures than those provided for in this Directive. Any decision of this nature shall be communicated to the Commission in accordance with existing agreements. Article 13 Adaptation to technical and scientific progress, in accordance with the procedure referred to in Article 15, shall cover the provisions of the Annexes to the Directive, except for the parameters and values listed in Annexes I A, I B and I C, any factors likely to affect the evaluation of the values, and the parameters for analysis referred to in Annexes II A and II B. Article 14 1. A committee for adapting this Directive to technical and scientific progress (hereinafter called 'the Committee') is hereby set up. It shall consist of representatives of the Member States with a representative of the Commission as chairman. 2. The Committee shall draw up its own rules of procedure. Article 15 1. Where the procedure laid down in this Article is to be followed, matters shall be referred to the Committee by the chairman, either on his own initiative or at the request of the representative of a Member State. 2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a period to be determined by the chairman according to the urgency of the matter. It shall decide by a majority of 54 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote. 3.(a)The Commission shall adopt the measures envisaged where these are in accordance with the opinion of the Committee. (b)Where the measures envisaged are not in accordance with the opinion of the Committee or if no opinion has been given, the Commission shall forthwith propose to the Council the measures to be adopted. The Council shall act by a qualified majority. (c)If, within three months of the proposal being submitted to it, the Council has not acted, the measures proposed shall be adopted by the Commission. Article 16 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within three years of its notification. They shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive. Article 17 Five years after notification of this Directive, and every four years thereafter, Member States shall prepare a consolidated report on the use of sludge in agriculture setting out the quantities used, the criteria followed and any difficulties encountered; they shall forward this report to the Commission, which shall publish the information contained therein. In the light of that report, the Commission shall if necessary submit appropriate proposals for increased protection of the soil and the environment. Article 18 This Directive is addressed to the Member States. Done at Luxembourg, 12 June 1986. For the CouncilThe PresidentP. WINSEMIUS (1)OJ N° C 264, 8. 10. 1982, p. 3 and OJ N° C 154, 14. 6. 1984, p. 6. (2)OJ N° C 77, 19. 3. 1984, p. 136. (3)OJ N° C 90, 5. 4. 1983, p. 27. (4)OJ N° L 194, 25. 7. 1975, p. 39. (5)OJ N° L 84, 31. 3. 1978, p. 43; (1)OJ N° L 194, 25. 7. 1975, p. 26. (2)OJ N° L 20, 26. 1. 1980, p. 43. ANNEX I A>TABLE> ANNEX I B>TABLE> ANNEX II BSOIL ANALYSIS 1.Whenever sludge other than sludge from the treatment plants referred to in Article 11 is used, Member States must first ensure that the heavy metal content of the soil does not exceed the limit values laid down in accordance with Annex IA. For this purpose, Member States shall decide what analyses to carry out, taking account of available scientific data on soil characteristics and homogeneity. 2.Member States shall decide on the frequency of further analyses, taking account of the metal content of the soil prior to the use of sludge, the quantity and composition of the sludge used and any other relevant factors. 3.Analysis should cover the following parameters: -pH, -cadmium, copper, nickel, lead, zinc, mercury and chromium. ANNEX II CSAMPLING AND ANALYSIS METHODS 1.Soil sampling The representative soil samples for analysis should normally be made up by mixing together 25 core samples taken over an area not exceeding 5 hectares which is farmed for the same purpose. The samples must be taken to a depth of 25 cm unless the depth of the surface soil is less than that value; however, the sampling depth in the latter case must not be less than 10 cm. 2.Sludge sampling Sludge must be sampled after processing, but before delivery to the user, and should be representative of the sludge production. 3.Methods of analysis Analysis for heavy metals must be carried out following strong acid digestion. The reference method of analysis must be that of atomic absorption spectrometry and the limit of detection for each metal should be no greater than 10 % of the appropriate limit value.

Summary: Using sewage sludge in farming Using sewage sludge in farming SUMMARY OF: Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture WHAT IS THE AIM OF THE DIRECTIVE? It sets rules on how farmers can use sewage sludge* as a fertiliser to prevent it harming the environment and human health, by ensuring that the nutrient needs of the plants are considered and that the quality of the soil and of the surface and ground water is not impaired. To this end, it sets limit values on the concentrations allowed in soil of 7 heavy metals that may be toxic to plants and humans: cadmiumcoppernickelleadzincmercurychromium. It bans the use of sewage sludge that results in concentrations of these heavy metals in soil exceeding these limit values. In 2018, the directive was amended by Decision (EU) 2018/853 as regards procedural rules in the field of environmental reporting. In 2019, the directive was amended by Regulation (EU) 2019/1010 which aligns and streamlines the reporting requirements in environmental legislation. KEY POINTS The specific limit values are listed in the directive’s annexes: Annex IA — heavy metals in the soil,Annex IB — heavy metals in sludge,Annex IC — maximum annual quantities of heavy metals that may be added to the soil. Normally, sludge has to be treated* before being used in farming. However, in some EU countries farmers may be allowed to use untreated sludge if it is injected or worked into the soil. In certain situations, sludge may not be used at all in farming: on grassland that is going to be grazed by animals or on forage crops to be harvested, unless a minimum of 3 weeks has elapsed,on fruit and vegetable crops during the growing season. This rule does not include fruit trees,on soil used to grow fruit and vegetable crops that are usually in direct contact with the soil and eaten raw. This ban applies for 10 months before the harvest and during the harvest itself. Responsibility for ensuring farmers’ use of sludge does not exceed the legal limits lies with national authorities, who have to sample and analyse sludge and the soil it is used on and keep up-to-date records of: how much sludge is produced and used in farming,the composition and properties of sludge,how the sludge has been treated,where sludge is used and who uses it. Following the adoption of Regulation (EU) 2019/1010, from 1 January 2022, EU countries must additionally keep a record of any other information regarding the directive’s transposition and implementation that they provide to the European Commission. They must also present the information registered in those records in such a way that the digital data refer to a specific location or geographical area EU countries are required to send information to the Commission every 3 years on the implementation of this Directive, in the form of a sectoral report which shall also cover other pertinent directives, on the basis of the questionnaire outlined in Commission Decision 94/741/EC. Decision (EU) 2018/853 requires that these sectoral reports are drawn up on the basis of a questionnaire or outline adopted by the Commission in the form of an implementing act. The report must be sent to the Commission within 9 months of the end of the 3-year period covered by it. Regulation (EU) 2019/1010, whose changes to this directive will apply from 1 January 2022, simplifies the reporting process. It also seeks to ensure that EU countries are more transparent with regard to the information they provide and that the public can access the information as rapidly as possible. The records referred to above must be made available and easily accessible to the public for each calendar year, within 8 months of the end of the relevant calendar year, and must also be submitted to the Commission. The Commission publishes a regular report on sludge use in EU farming, which brings together the information reported by individual countries on this subject. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 18 June 1986 and it had to become law in the EU countries by 18 June 1989. BACKGROUND For more information, see: Sewage sludge (European Commission). KEY TERMS Sewage sludge: sludge from domestic or urban waste treatment plants, septic tanks and similar sewage treatment plants. Treated sludge: sludge that has undergone biological, chemical or heat treatment, long-term storage or any other appropriate process to make it significantly less likely to ferment (reducing its risk to health). MAIN DOCUMENT Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, pp. 6-12) Successive amendments to Directive 86/278/EEC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (OJ L 170, 25.6.2019, pp. 115-127) last update 19.06.2020


27.1.1987 EN Official Journal of the European Communities L 24/36 COUNCIL DIRECTIVE of 16 December 1986 on the legal protection of topographies of semiconductor products (87/54/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community and in particular Article 100 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas semiconductor products are playing an increasingly important role in a broad range of industries and semiconductor technology can accordingly be considered as being of fundamental importance for the Community's industrial development; Whereas the functions of semiconductor products depend in large part on the topographies of such products and whereas the development of such topographies requires the investment of considerable resources, human, technical and financial, while topographies of such products can be copied at a fraction of the cost needed to develop them independently; Whereas topographies of semiconductor products are at present not clearly protected in all Member States by existing legislation and such protection, where it exists, has different attributes; Whereas certain existing differences in the legal protection of semiconductor products offered by the laws of the Member States have direct and negative effects on the functioning of the common market as regards semiconductor products and such differences could well become greater as Member States introduce new legislation on this subject; Whereas existing differences having such effects need to be removed and new ones having a negative effect on the common market prevented from arising; Whereas, in relation to extension of protection to persons outside the Community, Member States should be free to act on their own behalf in so far as Community decisions have not been taken within a limited period of time; Whereas the Community's legal framework on the protection of topographies of semiconductor products can, in the first instance, be limited to certain basic principles by provisions specifying whom and what should be protected, the exclusive rights on which protected persons should be able to rely to authorize or prohibit certain acts, exceptions to these rights and for how long the protection should last; Whereas other matters can for the time being be decided in accordance with national law, in particular, whether registration or deposit is required as a condition for protection and, subject to an exclusion of licences granted for the sole reason that a certain period of time has elapsed, whether and on what conditions non-voluntary licences may be granted in respect of protected topographies; Whereas protection of topographies of semiconductor products in accordance with this Directive should be without prejudice to the application of some other forms of protection; Whereas further measures concerning the legal protection of topographies of semiconductor products in the Community can be considered at a later stage, if necessary, while the application of common basic principles by all Member States in accordance with the provisions of this Directive is an urgent necessity, HAS ADOPTED THIS DIRECTIVE: CHAPTER 1 Definitions Article 1 1. For the purposes of this Directive: (a) a ‘semiconductor product’ shall mean the final or an intermediate form of any product: (i) consisting of a body of material which includes a layer of semiconducting material; and (ii) having one or more other layers composed of conducting, insulating or semiconducting material, the layers being arranged in accordance with a predetermined three-dimensional pattern; and (iii) intended to perform, exclusively or together with other functions, an electronic function; (b) the ‘topography’ of a semiconductor product shall mean a series of related images, however fixed or encoded; (i) representing the three-dimensional pattern of the layers of which a semiconductor product is composed; and (ii) in which series, each image has the pattern or part of the pattern of a surface of the semiconductor product at any stage of its manufacture; (c) ‘commercial exploitation’ means the sale, rental, leasing or any other method of commercial distribution, or an offer for these purposes. However, for the purposes of Articles 3 (4), 4 (1), 7 (1), (3) and (4) ‘commercial exploitation’ shall not include exploitation under conditions of confidentiality to the extent that no further distribution to third parties occurs, except where exploitation of a topography takes place under conditions of confidentiality required by a measure taken in conformity with Article 223 (1) (b) of the Treaty. 2. The Council acting by qualified majority on a proposal from the Commission, may amend paragraph 1 (a) (i) and (ii) in order to adapt these provisions in the light of technical progress. CHAPTER 2 Protection of topographies of semiconductor products Article 2 1. Member States shall protect the topographies of semiconductor products by adopting legislative provisions conferring exclusive rights in accordance with the provisions of the Directive. 2. The topography of a semiconductor product shall be protected in so far as it satisfies the conditions that it is the result of its creator's own intellectual effort and is not commonplace in the semiconductor industry. Where the topography of a semiconductor product consists of elements that are commonplace in the semiconductor industry, it shall be protected only to the extent that the combination of such elements, taken as a whole, fulfils the abovementioned conditions. Article 3 1. Subject to paragraphs 2 to 5, the right to protection shall apply in favour of persons who are the creators of the topographies of semiconductor products. 2. Member States may provide that, (a) where a topography is created in the course of the creator's employment, the right to protection shall apply in favour of the creator's employer unless the terms of employment provide to the contrary; (b) where a topography is created under a contract other than a contract of employment, the right to protection shall apply in favour of a party to the contract by whom the topography has been commissioned, unless the contract provides to the contrary. 3. (a) As regards the persons referred to in paragraph 1, the right to protection shall apply in favour of natural persons who are nationals of a Member State or who have their habitual residence on the territory of a Member State. (b) Where Member States make provision in accordance with paragraph 2, the right to protection shall apply in favour of: (i) natural persons who are nationals of a Member State or who have their habitual residence on the territory of a Member State; (ii) companies or other legal persons which have a real and effective industrial or commercial establishment on the territory of a Member State. 4. Where no right to protection exists in accordance with other provisions of this Article, the right to protection shall also apply in favour of the persons referred to in paragraph 3 (b) (i) and (ii) who: (a) first commercially exploit within a Member State a topography which has not yet been exploited commercially anywhere in the world; and (b) have been exclusively authorized to exploit commercially the topography throughout the Community by the person entitled to dispose of it. 5. The right to protection shall also apply in favour of the successors in title of the persons mentioned in paragraphs 1 to 4. 6. Subject to paragraph 7, Member States may negotiate and conclude agreements or understandings with third States and multilateral Conventions concerning the legal protection of topographies of semiconductor products whilst respecting Community law and in particular the rules laid down in this Directive. 7. Member States may enter into negotiations which third States with a view to extending the right to protection to persons who do not benefit from the right to protection according to the provisions of this Directive. Member States who enter into such negotiations shall inform the Commission thereof. When a Member State wishes to extend protection to persons who otherwise do not benefit from the right to protection according to the provisions of this Directive or to conclude an agreement or understanding on the extension of protection with a non-Member State it shall notify the Commission. The Commission shall inform the other Member States thereof. The Member State shall hold the extension of protection or the conclusion of the agreement or understanding in abeyance for one month from the date on which it notifies the Commission. However, if within that period the Commission notifies the Member State concerned of its intention to submit a proposal to the Council for all Member States to extend protection in respect of the persons or non-Member State concerned, the Member State shall hold the extension of protection or the conclusion of the agreement or undestanding in abeyance for a period of two months from the date of the notification by the Member State. Where, before the end of this two-month period, the Commission submits such a proposal to the Council, the Member State shall hold the extension of protection or the conclusion of the agreement or understanding in abeyance for a further period of four months from the date on which the proposal was submitted. In the absence of a Commission notification or proposal or a Council decision within the time limits prescribed above, the Member State may extend protection or conclude the agreement or understanding. A proposal by the Commission to extend protection, whether or not it is made following a notification by a Member State in accordance with the preceding paragraphs shall be adopted by the Council acting by qualified majority. A Decision of the Council on the basis of a Commission proposal shall not prevent a Member State from extending protection to persons, in addition to those to benefit from protection in all Member States, who were included in the envisaged extension, agreement or understanding as notified, unless the Council acting by qualified majority has decided otherwise. 8. Commission proposals and Council decisions pursuant to paragraph 7 shall be published for information in the Official Journal of the European Communities. Article 4 1. Member States may provide that the exclusive rights conferred in conformity with Article 2 shall not come into existence or shall no longer apply to the topography of a semiconductor product unless an application for registration in due form has been filed with a public authority within two years of its first commercial exploitation. Member States may require in addition to such registration that material identifying or exemplifying the topography or any combination thereof has been deposited with a public authority, as well as a statement as to the date of first commercial exploitation of the topography where it precedes the date of the applciation for registration. 2. Member States shall ensure that material deposited in conformity with paragraph 1 is not made available to the public where it is a trade secret. This provision shall be without prejudice to the disclosure of such material pursuant to an order of a court or other competent authority to persons involved in litigation concerning the validity or infringement of the excusive rights referred to in Article 2. 3. Member States may require that transfers of rights in protected topographies be registered. 4. Member States may subject registration and deposit in accordance with paragraphs 1 and 3 to the payment of fees not exceeding their administrative costs. 5. Conditions prescribing the fulfilment of additional formalities for obtaining or maintaining protection shall not be admitted. 6. Member States which require registration shall provide for legal remedies in favour of a person having the right to protection in accordance with the provisions of this Directive who can prove that another person has applied for or obtained the registration of a topography without his authorization. Article 5 1. The exclusive rights referred to in Article 2 shall include the rights to authorize or prohibit any of the following acts: (a) reproduction of a topography in so far as it is protected under Article 2 (2); (b) commercial exploitation or the importation for that purpose of a topography or of a semiconductor product manufactured by using the topography. 2. Notwithstanding paragraph 1, a Member State pay permit the reproduction of a topography privately for non commercial aims. 3. The exclusive rights referred to in paragraph 1 (a) shall not apply to reproduction for the purpose of analyzing, evaluating or teaching the concepts, processes, systems or techniques embodied in the topography or the topography itself. 4. The exclusive rights referred to in paragraph 1 shall not extend to any such act in relation to a topography meeting the requirements of Article 2 (2) and created on the basis of an analysis and evaluation of another topography, carried out in conformity with paragraph 3. 5. The exclusive rights to authorize or prohibit the acts specified in paragraph 1 (b) shall not apply to any such act committed after the topography or the semiconductor product has been put on the market in a Member State by the person entitled to authorize its marketing or with his consent. 6. A person who, when he acquires a semiconductor product, does not know, or has no reasonable grounds to believe, that the product is protected by an exclusive right conferred by a Member State in conformity with this Directive shall not be prevented from commercially exploiting that product. However, for acts committed after that person knows, or has reasonable grounds to believe, that the semiconductor product is so protected, Member States shall ensure that on the demand of the rightholder a tribunal may require, in accordance with the provisions of the national law applicable, the payment of adequate remuneration. 7. The provisions of paragraph 6 shall apply to the successors in title of the person referred to in the first sentence of that paragraph. Article 6 Member States shall not subject the exclusive rights referred to in Article 2 to licences granted, for the sole reason that a certain period of time has elapsed, automatically, and by operation of law. Article 7 1. Member States shall provide that the exclusive rights referred to in Article 2 shall come into existence: (a) where registration is the condition for the coming into existence of the exclusive rights in accordance with Article 4, on the earlier of the following dates: (i) the date when the topography is first commercially exploited anywhere in the world; (ii) the date when an application or registration has been filed in due form; or (b) when the topography is first commercially exploited anywhere in the world; or (c) when the topography is first fixed or encoded. 2. Where the exclusive rights come into existence in accordance with paragraph 1 (a) or (b), the Member States shall provide, for the period prior to those rights coming into existence, legal remedies in favour of a person having the right to protection in accordance with the provisions of this Directive who can prove that another person has fraudulently reproduced or commercially exploited or imported for that purpose a topography. This paragraph shall be without prejudice to legal remedies made available to enforce the exclusive rights conferred in conformity with Article 2. 3. The exclusive rights shall come to an end 10 years from the end of the calendar year in which the topography is first commercially exploited anywhere in the world or, where registration is a condition for the coming into existence or continuing application of the exclusive rights, 10 years from the earlier of the following dates: (a) the end of the calendar year in which the topography is first commercially exploited anywhere in the world; (b) the end of the calendar year in which the application for registration has been filed in due form. 4. Where a topography has not been commercially exploited anywhere in the world within a period of 15 years from its first fixation or encoding, any exclusive rights in existence pursuant to paragraph 1 shall come to an end and no new exclusive rights shall come into existence unless an application for registration in due form has been filed within that period in those Member States where registration is a condition for the coming into existence or continuing application of the exclusive rights. Article 8 The protection granted to the topographies of semiconductor products in accordance with Article 2 shall not extend to any concept, process, system, technique or encoded information embodied in the topography other than the topography itself. Article 9 Where the legislation of Member States provides that semiconductor products manufactured using protected topographies may carry an indication, the indication to be used shall be a capital T as follows: T, ‘T’ [T], , T* or . CHAPTER 3 Continued application of other legal provisions Article 10 1. The provisions of this Directive shall be without prejudice to legal provisions concerning patent and utility model rights. 2. The provisions of this Directive shall be without prejudice: (a) to rights conferred by the Member States in fulfilment of their obligations under international agreements, including provisions extending such rights to nationals of, or residents in, the territory of the Member State concerned; (b) to the law of copyright in Member States, restricting the reproduction of drawing or other artistic representations of topographies by copying them in two dimensions. 3. Protection granted by national law to topographies of semiconductor products fixed or encoded before the entry into force of the national provisions enacting the Directive, but no later than the date set out in Article 11 (1), shall not be affected by the provisions of this Directive. CHAPTER 4 Final provisions Article 11 1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 7 November 1987. 2. Member States shall ensure that they communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. Article 12 This Directive is addressed to the Member States. Done at Brussels, 16 December 1986. For the Council The President G. HOWE (1) OJ No C 360, 31. 12. 1985, p. 14. (2) OJ No C 255, 13. 10. 1986, p. 249. (3) OJ No C 189, 28. 7. 1986, p. 5.

Summary: Legal protection: Topographies of semiconductor products Legal protection: Topographies of semiconductor products SUMMARY OF: Directive 87/54/EEC on the legal protection of topographies of semiconductor products WHAT IS THE AIM OF THE DIRECTIVE? The directive aims to provide a clear and harmonised system across the EU countries for the legal protection of topographies* (layout designs) of semiconductor products*. The purpose of this particular form of intellectual property right is to prevent original microchip or integrated circuit designs from being copied and subsequently commercialised, either as they are, or in any product in which they are incorporated. KEY POINTS Conditions for granting protection of topographies of semiconductor products EU countries: must adopt legislation to protect semiconductor topographies wheretheir design satisfies 2 conditions: they are the result of their creator’s own intellectual effort,they are not commonplace among in the semiconductor industry. Where the elements of the topography of a semiconductor product are commonplace within the industry, it can be protected only to the extent that the combination of such elements, taken as a whole, fulfils the above condition; must grant the right to protection to the person who creates the topography, if that person is an individual who is a national of an EU country or ordinarily resident there. However, they may specify to whom the right is granted where a topography is created in the course of the creator’s employment or under a contract other than a contract of employment; may, under certain conditions, grant protection to individuals, companies or other legal persons who first commercially exploit a topography: which has not previously been exploited commercially,who have been exclusively authorised to commercially exploit the topography throughout the EU by the person entitled to authorise it; may enter negotiations with non-EU countries to extend the right to protection to persons not covered by the directive. Where they do so, they must inform the European Commission; may refuse or remove protection in respect of the topography of a semiconductor product where an application for registration in due form has not been filed with a public authority within 2 years of its being commercially exploited for the first time; may require that material identifying or exemplifying the topography be deposited with public authorities. However, this material must not be made publicly available where it is a trade secret. Exclusive rights The rights granted are exclusive rights. These include: the right to authorise or prohibit reproduction of a protected topography; and the right to authorise or prohibit commercial exploitation or the import for that purpose of a topography or of a semiconductor product manufactured using the topography. The exclusive right to authorise or prohibit reproduction does not apply to reproduction: for private purposes for non-commercial aims; for the purpose of analysing, evaluating or teaching the concepts, processes, systems or techniques embodied in the topography or the topography itself. The protection granted to the topographies of semiconductor products does not extend to any concept, process, system, technique or encoded information embodied in the topography other than the topography itself. Registration Where registration of the topography is a condition for granting exclusive rights, those rights take effect either: on the date on which the application for registration is filed; oron the date on which the topography is first commercially exploited anywhere in the world, whichever comes first. Where registration is not a condition for granting exclusive rights, the rights take effect when the topography is first commercially exploited anywhere in the world or when it is first fixed or encoded. Expiry of rights The exclusive rights expire 10 years from the end of the calendar year in which the topography was first commercially exploited. Where registration is required, the 10-year period is calculated: from the end of the calendar year in which the application for registration was filed; or from the end of the calendar year in which the topography was first commercially exploited, whichever comes first. Extension of legal protection to non-EU countries Legal protection of topographies of semiconductor products has been extended to individuals, companies and other legal persons from: the United States (Decision 93/16/EEC), Canada (Decision 94/700/EC), a Member of the World Trade Organization (Decision 94/824/EC), and the Isle of Man (Decision 96/644/EC). Enforcement of IPR Regulation (EU) No 608/2013 on customs enforcement of intellectual property rights, which repealed Regulation (EC) No 1383/2003, extended the list of protected rights to also include topographies of semiconductor products from 1 January 2014. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 23 December 1986 and had to become law in the EU countries by 7 November 1987. BACKGROUND At international level, within the World Intellectual Property Organization, the Washington Treaty on Intellectual Property in Respect of Integrated Circuits was adopted in 1989. It provides protection for the topographies of integrated circuits. Although the treaty has not entered into force, its content was incorporated by reference into the Agreement on Trade-Related Aspects of Intellectual Property Rights (generally known as the TRIPS Agreement — see summary) signed under the World Trade Organization. For more information, see: The EU copyright legislation (European Commission). KEY TERMS Topography: in the case of a semiconductor product (see next key term), a series of related images, however fixed or encoded:representing the 3-dimensional pattern of the layers which make up a semiconductor product;each image in the series has the pattern, or part of the pattern, of a surface of the semiconductor product at any stage of its manufacture. Semi-conductor product: integrated circuits, also known as a microchips (or chips), are the final or intermediate form of any product:consisting of a body of material which includes a layer of semiconducting material; andhaving one or more other layers composed of conducting, insulating or semiconducting material, the layers being arranged in accordance with a predetermined 3-dimensional pattern; andintended to perform, exclusively or together with other functions, an electronic function.Chips are embedded in many consumer goods such as domestic appliances like washing machines or televisions, as well as in cars, mobile phones, computers, medical equipment and machines. MAIN DOCUMENT Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products (OJ L 24, 27.1.1987, pp. 36-40) RELATED DOCUMENTS Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, pp. 15-34) Agreement on the European Economic Area — Annex XVII — Intellectual property — List provided for in Article 65 (2) (OJ L 1, 3.1.1994, pp. 482-483) EXTENSION OF THE PROTECTION TO NON-EU COUNTRIES Council Decision 96/644/EC of 11 November 1996 on the extension of the legal protection of topographies of semiconductor products to persons from the Isle of Man (OJ L 293, 16.11.1996, pp. 18-19) Council Decision 94/824/EC of 22 December 1994 on the extension of the legal protection of topographies of semiconductor products to persons from a Member of the World Trade Organization (OJ L 349, 31.12.1994, pp. 201-202) Council Decision 94/700/EC of 24 October 1994 on the extension of the legal protection of topographies of semiconductor products to persons from Canada (OJ L 284, 1.11.1994, pp. 61-62) Council Decision 93/16/EEC of 21 December 1992 on the extension of the legal protection of topographies of semiconductor products to persons from the United States of America and certain territories (OJ L 11, 19.1.1993, pp. 20-21) Successive amendments to Decision 93/16/EEC have been incorporated into the original text. This consolidated version is of documentary value only. last update 04.11.2020


EUR-Lex - 31986H0666 - EN Avis juridique important | 31986H0666 86/666/EEC: Council Recommendation of 22 December 1986 on fire safety in existing hotels Official Journal L 384 , 31/12/1986 P. 0060 - 0068 COUNCIL RECOMMENDATION of 22 December 1986 on fire safety in existing hotels (86/666/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof, Having regard to the proposal from the Commission(1), Having regard to the opinion of the European Parliament(2), Having regard to the opinion of the Economic and Social Committee(3), Whereas rules governing fire safety in all hotels do not exist in all the Member States; whereas in many cases where they do exist the relevant provisions are incomplete and contained in several different texts and it is thus difficult to gain a clear picture; whereas they are not always fully observed; Whereas, with the rapid expansion of tourism and business travel, more and more people need to stay in hotels in Member States other than their countries of origin; whereas such persons are entitled to adequate protection in the host country and to be informed of the nature and extent of that protection; whereas the safety of guests must be compatible with the safety of staff at work; Whereas even allowing for any differences in type or construction in hotels in the Member States, it is possible to define a minimum standard of fire safety for all hotels; whereas their conformity with that minimum standard is essential for their continuing operation and whereas it is advisable to subject hotels to periodic inspections; Whereas for economic, technical, and architectural reasons it will take some time to introduce fire precautions fully in hotels; whereas for the objective in question to be attained the period allowed must be within reasonable limits; Whereas harmonized provisions regarding the use and application of materials from the point of view of fire protection do not exist at Community level; whereas this situation cannot justify the adoption by Member States of measures liable to aggravate technical barriers to trade; whereas, on the contrary, fire precautions in hotels based on a minimum standard of safety must help to prepare and promote harmonization work in progress elsewhere; Whereas, for economic reasons and from the standpoint of the safety of tourists and persons travelling for any other reason from one Member State to another, it is important to promote the circulation and dissemination of information regarding measures adopted at national level to protect hotels against the risks of fire; whereas the Commission is called upon to play an essential role in the provision and dissemination of this type of information, HEREBY RECOMMENDS MEMBER STATES: (1)to take all appropriate measures in so far as existing laws are not already sufficient to meet the requirements of this recommendation to ensure that fire precautions in existing hotels are subject to provisions based on the principles set out below. Aim and means of ensuring safety in existing hotels 1.The introduction of fire precautions in existing hotels is intended to: 1.1.reduce the risk of fire breaking out; 1.2.prevent the spread of flames and smoke; 1.3.ensure that all occupants can be evacuated safely; 1.4.enable the emergency services to take action. 2.In order to meet these objectives, all necessary precautions should be taken within the establishment so that: 2.1.safe escape routes are available, are clearly indicated and remain accessible and unobstructed; 2.2.the building's structural stability in the event of fire is guaranteed at least for as long as is needed for the occupants to evacuate the building safely; 2.3.the presence or use of highly flammable materials in wall, ceiling or floor coverings and interior decorations is carefully limited; 2.4.all technical equipment and appliances (electrical, gas, heating, etc.) operate safely; 2.5.appropriate systems are installed and maintained in proper working order for alerting the occupants; 2.6.safety instructions and a plan of the premises with an indication of the escape routes are displayed in each room normally occupied by guests or staff; 2.7.emergency fire-fighting equipment (ex- tinguishers, etc.) is provided and maintained in proper working order; 2.8.the staff is given suitable instruction and training. 3.In applying the above principles to existing commercially operated establishments which occupy all or part of a building and which, under the name of hotel, boarding house, inn, tavern, motel or other equivalent designation, can offer accommodation to at least 20 temporary paying guests, Member States should take into account the technical guidelines set out in the Annex. Member States may use different or more stringent measures than those specified in the Annex, if they achieve at least an equivalent result. In particular, if any of the provisions of the Annex cannot be implemented for economic, technical (including anti-seismic or architectural) reasons, the alternative solutions adopted must ensure the overall minimum safety standard which the provisions of that Annex are designed to establish. For establishments offering accommodation to less than 20 temporary paying guests, Member States should adopt the most appropriate measures in order to guarantee their safety in conformity with the principles set out under points 1 and 2 above, taking into account the size of the risk; (2)to subject hotels to periodic inspection of their conformity with the national provisions based on the principles set out above; (3)to inform the Commission of all national measures designed to ensure that hotels meet the requirements set out above and of the measures which they intend to take for this purpose within the next five years. The Commission will report to the Council, within a period of six months, on the measures taken or proposed. Done at Brussels, 22 December 1986. For the CouncilThe PresidentG. SHAW (1)OJ N° C 49, 21. 2. 1984, p. 7. (2)OJ N° C 262, 14. 10. 1985, p. 20; OJ N° C 36, 17. 2. 1986, p. 155. (3)OJ N° C 248, 17. 9. 1984, p. 4. ANNEX TECHNICAL GUIDELINES 1.ESCAPE ROUTES 1.1.General 1.1.1.The escape routes must be arranged and located in such a way as to lead independently into the street or into an open space large enough to allow people to move away from the building and to enable persons to evacuate the premises quickly and safely. 1.1.2.Doors, staircases, exits and routes thereto shall be indicated by standard safety signs visible day and night. For this purpose, use shall be made in particular of the symbols for public information laid down in ISO/DIS standard 6309.2 (11 December 1985). 1.1.3.Doors which must not be used by the public in the event of fire and which give direct access to escape routes must, unless they are normally locked, be kept closed or be self-closing and bear an appropriate standard sign. 1.2.Direction of opening of doors - obstruction of escape routes 1.2.1.As far as possible, doors located on escape routes must be capable of opening in the intended direction of evacuation. 1.2.2.It must always be possible for the final exit door of an escape route to be opened easily from the inside by a person escaping from the hotel. 1.2.3.A door opening in the intended direction of evacuation must be provided alongside a revolving or sliding door. 1.2.4.Obstacles (stores, furniture, etc.) which might impede movement and create a risk of fire spread must not be placed in escape routes. 1.2.5.Mirrors which might mislead occupants as to the direction of exits and stairways must not be hung in escape routes. 1.3.Minimum number of staircases 1.3.1.Various criteria may be used to determine whether an existing hotel has a sufficient number of staircases: 1.3.1.1.either the total number of persons that may be in the hotel, 1.3.1.2.or the distance to be covered to reach the staircases. 1.3.2.If the criterion used is the number of persons, hotels with two or more levels above the ground which can accommodate a total of more than 50 persons must have at least two staircases. 1.3.3.If the criterion used is the distance to be covered: 1.3.3.1.the length of blind passages must not exceed 10 metres, 1.3.3.2.when the hotel has two or more stair cases the distance to be covered from any point on an escape route to reach one of them must not exceed 35 metres. 1.3.4.An existing hotel in a building of more than three levels above the ground should generally be provided with at least two staircases. 1.3.5.The maximum lengths of 10 metres for blind passages and 35 metres for the distance to be covered to reach a staircase must be observed in all cases. 1.3.6.An outside staircase may be accepted as a second staircase, provided that it offers satisfactory conditions of safety. 1.3.7.In a hotel, the existing staircases must each be sufficiently wide to allow satisfactory evacuation of the persons likely to be on the premises. However, should it prove necessary to provide additional staircases to make an existing hotel safe, each of these new staircases shall have a minimum width of 0,80 metre. 2.CONSTRUCTION FEATURES 2.1.It must be ensured that the construction features of existing hotels are such that: 2.1.1.the fire resistance of the load-bearing components is adequate to ensure the structural stability of the whole for a sufficient length of time in the event of fire; 2.1.2.the compartmentation provides a barrier to the spread of fire and smoke adequate to keep the escape routes accessible and usable for a sufficient length of time; 2.1.3.in general, the situation must be assessed case by case on the basis of the minimum requirements set out below. 2.2.Building structures 2.2.1.In buildings having not more than three levels above the ground, with the exception of one-storey buildings without a basement, the fire resistance (R) of the structure of the building must be at least 30 minutes (R 30). 2.2.2.In buildings having more than three levels above the ground, the fire resistance (R) of the structure of the building must be at least 60 minutes (R 60). 2.3.Floors 2.3.1.In buildings having not more than three levels above the ground, the fire resistance (REI) of the floors must be at least 30 minutes (REI 30). 2.3.2.In buildings having more than three levels above the ground, the fire resistance (REI) of the floors must be at least 60 minutes (REI 60). 2.4.Staircase enclosures 2.4.1.In general, the staircases of existing hotels having more than two levels above the ground must be enclosed. 2.4.1.1.The wall of the stairwell must have a fire resistance (REI) of at least 30 minutes (REI 30). 2.4.1.2.The access door sets to the stairwells must have a fire resistance (RE) of at least 30 minutes (RE 30), and the doors must be self-closing and bear an appropriate sign indicating that they must be kept shut. 2.4.2.If the same staircase provides access both to levels accessible to the public and to the basement, its enclosure shall be designed so as to enable the basement to be isolated from the remainder of the stairwell. 2.4.3.The upper part of each stairwell must have a skylight or window glazed in the glass about 1 m2 in an area which, if it is not directly accessible, must be fitted with a device allowing it to be opened easily from the ground floor. 2.4.4.The protection of the service stairwells accessible only to the staff of the establishment shall be based on the same principles as those applicable to the stairwells to which the public have access. 2.5.Partitions 2.5.1.In general, floor-to-ceiling partitions separating bedrooms from escape routes must have a fire resistance (REI) of at least 30 minutes (REI 30); their access door sets must have a fire resistance (RE) of at least 15 minutes (RE 15). 2.5.2.In general, the structures (floors, floor-to ceiling partitions and ceilings) separating bedrooms and escape routes from areas presenting special fire hazards must have a fire resistance (REI) of at least 60 minutes (REI 60); their door sets must have a fire resistance (RE) of at least 60 minutes (RE 60) and the doors must be self-closing and bear an appropriate sign indicating that they must be kept shut. 3.COVERINGS AND DECORATIONS 3.1.The fire behaviour of the interior coverings and decorations of existing hotels shall be such that they do not constitute a particular hazard by contributing to fire spread and smoke production. 3.1.1.This requirement applies in particular to parts of the premises such as: 3.1.1.1.escape routes, especially corridors, staircases and open areas such as halls; 3.1.1.2.rooms accessible to the public and in particular to hotel guests, other than bedrooms. 3.1.2.In the areas referred to in 3.1.1 the coverings and decorations particularly concerned are: 3.1.2.1.floor coverings, 3.1.2.2.wall coverings and decorations, 3.1.2.3.ceiling coverings and decorations. 3.1.3.Since methods for testing and classifying materials as regards their reaction to fire have not as yet been harmonized, the minimum requirements to be met by interior coverings and decorations in existing hotels shall for the time being be expressed by reference to the national provisions on the subject. 3.2.Escape routes 3.2.1.The material classifications in the following table are regarded as corresponding to the minimum safety standard required for interior coverings and decorations in the escape routes of existing hotels: >TABLE> 3.2.2.The national provisions to which this table refers are as follows: (a)Federal Republic of Germany Standard DIN 4102, Part 1 Reaction to fire of construction components and materials. (b)Denmark 1977 construction code, Annex 3. (c)France Order of 4 June 1973 classifying construction components and materials by categories on the basis of their reaction to fire and specification of test methods (Journal Officiel de la République Française of 26 July 1973). (d)Italy Ministerial Decree of 26 June 1984. Classification of reaction to fire and approval of materials for the purpose of preventing fires (Gazzetta ufficiale della Repubblica italiana N° 234 of 25 August 1984). (e)Netherlands Standard NEN 3883. (f)United Kingdom Standard BS 476, part 6, 1981 Fire propagation tests for products. Standard BS 476, part 7, 1971 Surface spread of flame for materials. (g)Ireland 1.Standard BS 4790, 1972 Determination of the effect of a small source of ignition on textile floor coverings (hot metal nut method), evaluated in line with standard BS 5287, 1976). 2.Standard BS 5867, Part 2, 1980 Flammability requirements - specification for fabrics for curtains and drapes. 3.Standard BS 5852, Part 1, 1979 Standard BS 5852, Part 2, 1982 Methods of tests for the ignitability of upholstered composites for seating by flaming sources. 3.3.Rooms accessible to the public with the exception of bedrooms 3.3.1When the room complies with the provisions in 2.5.2 the interior coverings and decorations must comply with the national provisions in force, depending on the use to which the room is put. 3.3.2.When the room does not comply with the provisions in 2.5.2, the interior coverings and decorations must at least comply with the provisions laid down in 3.2 which apply to escape routes. 3.3.3.For rooms accessible to the public other than those covered by 3.1.1, independent escape routes must at least comply with all the provisions applicable to the escape routes from the hotel, adapted to circumstances in each case. 4.ELECTRIC LIGHTING 4.1.1.Principal lighting system 1.1.The principal lighting system of a hotel establishment must be an electric lighting system. 4.1.2.The electrical installation in an existing hotel must be designed and fitted in such a way as to prevent among other things the ignition and spread of fires. The installation must be earthed. 4.1.3.Point 4.1.2. shall also apply if the hotel's electricity supply comes from an independent source. 4.2.Emergency lighting system 4.2.1.All hotel establishments must be equipped with a suitable emergency lighting system which comes into operation when the principal lighting system fails. 4.2.2.The emergency lighting system of a hotel establishment must be capable of operating for a sufficient period to enable all occupants to be evacuated if the principal lighting system fails. 5.HEATING 5.1.General rule 5.1.1.Heating may be provided either by a central heating system or by fixed individual heaters. 5.1.2.The heating installations in an existing hotel must be designed and fitted in such a way as to prevent among other things the ignition and spread of fires. 5.2.Boiler room When the effective capacity of a combustion heater is such, and in any case when it is 70 kW or more, that the heater must be installed in a room separate from other rooms: 5.2.1.this room shall be designed and fitted out in accordance with the rules laid down in the relevant national legislation; 5.2.2.the walls of the boiler room must have a fire resistance (REI) of at least 60 minutes (REI 60) and the door sets must have a fire resistance (RE) of at least 60 minutes (RE 60); the doors must be self-closing and bear an appropriate sign indicating that they must be kept closed. 5.3.Liquid or gaseous fuel supply 5.3.1.Without prejudice to the provisions of 5.1.2, it must be possible to cut off the supply of liquid or gaseous fuel to the heating appliances by at least one manually controlled shut-off device. 5.3.1.1.In the case of fixed individual heaters, this shut-off device must be situated near the appliance. 5.3.1.2.For block heaters installed in a boiler room, this shut-off device must be located outside the boiler room in an easily accessible position and be clearly marked. 5.3.2.Where a gas supply pipe serves the entire building in which the hotel is situated, it shall have at least one manually operated shut-off-device located at the point at which the pipe enters the building and be clearly marked. 5.3.3.When liquid fuel is stored inside a room it must be designed so as to comply at least with the requirement of 2.2 and be capable of containing any fuel leaks. 5.3.4.Liquified petroleum gas must be stored outside. 5.4.Fixed individual heater 5.4.1.Without prejudice to the provisions of 5.1.2, when the use of fixed individual heaters is authorized in existing hotels they must be installed in such a way as to preclude any danger of fire and not to present a hazard for the occupants of the rooms in which they are located. 5.4.2.Fixed individual heaters must be suitably and regularly serviced and instructions for their use must be clearly posted. 6.VENTILATION SYSTEMS 6.1.Where an existing hotel is equipped with a ventilation system, measures must be taken to prevent among other things the spread of fire, hot gases and smoke through the supply ducts of such a system. 6.2.Ventilation systems must be equipped with a general shut-off device in an easily accessible and clearly marked position. 7.FIRE-FIGHTING, ALARM AND ALERTING EQUIPMENT 7.1.Emergency fire-fighting equipment 7.1.1.Emergency fire-fighting equipment is intended to fight the outbreak of a fire and must be distinguished from more powerful fire-fighting equipment intended to control an established fire and generally used by fire-fighting experts. 7.1.2.The emergency fire-fighting equipment shall consist of portable extinguishers and equivalent fixed devices. They shall be in accordance with the relevant national regulations or standards or, where appropriate, of the relevant European standards. 7.1.3.The emergency fire-fighting equipment must be located on every floor close to the access points to the stairways or exits, in the escape routes at intervals of not more than 25 m and close to areas of particular risk. 7.1.4.The emergency fire-fighting equipment must be easily accessible and kept in good working order. 7.2.Alarm 7.2.1.Hotels shall be equipped with a reliable acoustic alarm system, the noise of which must be distinguishable from that of the telephone system. 7.2.2.Irrespective of type, the operation of this system must be adapted to the structural features of the establishment and must be such as to provide a warning to all persons in the different parts of the hotel in good time in the event of an emergency. 7.3.Alerting 7.3.1.It must be possible to alert the emergency services easily either by the public telephone service or via a direct line or by any other suitable equivalent means. 7.3.2.The procedure for calling the emergency services shall be clearly posted in the immediate vicinity of any point from which a call may be made. Where the public telephone system is used, the telephone number and possibly the address of the emergency service shall be clearly posted near the hotel telephone. 7.4.Instructions for staff The hotel management must ensure that: 7.4.1.in the event of fire, the hotel staff are capable of correctly using the available emergency fire-fighting equipment and activating the alerting and alarm systems. 7.4.2.In the event of fire, the hotel staff must be able to: 7.4.2.1.apply the instructions drawn up for their guidance, 7.4.2.2.help in the efficient evacuation of all hotel occupants. 7.4.3.Hotel staff shall be required to participate, at least twice a year, in a manner compatible with the running and, where appropriate, seasonal operation of the hotel, in instruction and training sessions involving the operation of the emergency fire-fighting equipment and the alerting and alarm system and in evacuation exercises. 8.SAFETY INSTRUCTIONS 8.1.In the entrance hall of the hotel: 8.1.1.Precise instructions on action to be taken by the staff and the public in the event of fire must be prominently posted. 8.1.2.A plan of the hotel for the information of emergency teams shall indicate the location of: -staircases and escape routes, -available extinguishers, -gas and electricity supply shut-off devices, -where appropriate, the shut-off device for the ventilation system, -the control panel for the automatic detection and alarm system where appropriate, -installations and areas of particular risk where appropriate. 8.2.On each floor: A simplified layout plan located in the vicinity of the floor access point in hotels having two or more storeys above the ground. 8.3.In each bedroom: 8.3.1.Prominently posted and precise instructions shall indicate the action to be taken in the event of fire; in addition to the national languages, these instructions must be posted up in appropriate foreign languages depending on the origin of the hotel's usual guests. 8.3.2.These instructions shall be accompanied by a simplified floor plan showing schematically the location of the room in relation to escape routes, staircases and/or exits. 8.4.The instructions shall, in particular, draw attention to the fact that lifts must not be used in the event of fire, except for lifts reserved for the handicapped which are specially protected.

Summary: Fire safety in existing hotels Fire safety in existing hotels SUMMARY OF: Council Recommendation 86/666/EEC on fire safety in existing hotels WHAT IS THE AIM OF THE RECOMMENDATION? It seeks to define a minimum fire safety level for all hotels in EU countries. It recommends EU countries to take a series of actions to ensure that hotels meet these standards. KEY POINTS Precautions EU countries are recommended to introduce fire precautions in order to meet 4 objectives: minimise the risk of fire breaking out; prevent the spread of flames and smoke; ensure all occupants can be evacuated safely; enable the emergency services to take action. Principles EU countries are urged to take action to ensure that hotels are subject to rules based on a series of principles. These include: safe escape routes should be available, unobstructed and clearly marked; buildings should be structurally stable in the event of fire — at least for as long as necessary to allow occupants to evacuate safely; the presence or use of highly flammable materials in wall, ceiling and floor coverings and interior decoration is limited; warning systems should be installed and in full working order; staff should be given suitable instructions and training. Technical guidelines The annex to the recommendation contains technical guidelines. These relate in particular to: the location and signage of escape routes; the construction of the building; coverings and decoration; electricity, heating and ventilation systems; firefighting, alarm and alerting equipment; and safety instructions. Inspections Hotels should be inspected periodically. Report In 2001, as envisaged in the recommendation, the European Commission issued a report on the measures EU countries had introduced to apply it. It noted that the impact in the different EU countries depended on the level of protection already in place and on how national law has been transposed. In some countries, national laws already included or even went beyond the recommendation’s technical guidelines or minimum requirements; however, in others, it had only been partially implemented, being applied only to the construction of new hotels or work in existing establishments. Follow-up On a related issue, the Commission prepared a report in 2013 on the existing rules on the safety of certain services to consumers at national level across the EU and in Norway, Iceland and Liechtenstein. Among other things, this looked at their respective national rules on the safety of tourism accommodation services. A public consultation on the safety of tourism accommodation services was conducted by the Commission in 2014. Having processed the feedback, the Commission concluded that there was no connection between the existing rules across EU countries, the absence of EU-level regulation due to subsidiarity and risks to consumers. FROM WHEN DOES THE RECOMMENDATION APPLY? It has applied since 22 December 1986. ACT Council Recommendation 86/666/EEC of 22 December 1986 on fire safety in existing hotels (OJ L 384, 31.12.1986, pp. 60–68) RELATED ACTS Report from the Commission on application of the Council Recommendation of 22 December 1986 on fire safety in existing hotels (86/666/EEC) (COM(2001) 348 final of 27.6.2001) last update 27.06.2016