28.7.2010 EN Official Journal of the European Union L 196/5 COMMISSION REGULATION (EU) No 672/2010 of 27 July 2010 concerning type-approval requirements for windscreen defrosting and demisting systems of certain motor vehicles and implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (1), and in particular Article 14(1)(a) thereof, Whereas: (1) Regulation (EC) No 661/2009 is a separate Regulation for the purposes of the type-approval procedure provided for by Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (2). (2) Regulation (EC) No 661/2009 repeals Council Directive 78/317/EEC of 21 December 1977 on the approximation of the laws of the Member States relating to the defrosting and demisting systems of glazed surfaces of motor vehicles (3). The requirements set out in that Directive should be carried over to this Regulation and, where necessary, amended in order to adapt them to the development of scientific and technical knowledge, in particular to take into account the specific characteristics of hybrid and electrical vehicles. (3) The scope of this Regulation is in line with that of Directive 78/317/EEC and thus limited to vehicles of category M1. (4) Regulation (EC) No 661/2009 lays down fundamental provisions on requirements for the type-approval of motor vehicles with regard to windscreen defrosting and demisting systems. Therefore, it is necessary to also set out the specific procedures, tests and requirements for such type-approval. (5) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles, HAS ADOPTED THIS REGULATION: Article 1 Scope This Regulation applies to motor vehicles of category M1, as defined in Annex II to Directive 2007/46/EC, which are fitted with a windscreen. Article 2 Definitions For the purposes of this Regulation, the following definitions shall apply: 1. ‘vehicle type with regard to the windscreen defrosting and demisting systems’ means vehicles which do not differ in such essential respects as: — the characteristics of the defrosting and demisting systems, — the external and internal forms and arrangements within the 180° forward field of vision area of the driver which may affect visibility, — the shape, size, thickness and characteristics of the windscreen and its mounting, — the maximum number of seating positions; 2. ‘engine’ means a combustion engine running on either liquid or gaseous fuel; 3. ‘defrosting system’ means the system intended to eliminate frost or ice on the outside surface of the windscreen; 4. ‘defrosted area’ means the area of the windscreen having a dry outside surface or an outside surface covered with melted or partially melted wet frost which can be removed by the vehicle’s windscreen wiper system; 5. ‘demisting system’ means the system intended to remove mist on the inside surface of the windscreen; 6. ‘mist’ means a film of condensate on the inside face of the glazed surface of the windscreen; 7. ‘demisted area’ means the area of the windscreen having a dry inside surface, without any drops or traces of water, after previously being covered by mist; 8. ‘vision area A’ means test area A as defined in paragraph 2.2 of Annex 18 of UN-ECE Regulation 43 (4); 9. ‘vision area B’ means reduced test area B as defined in paragraph 2.4 of Annex 18 of UN-ECE Regulation 43, without the exclusion of the area defined in paragraph 2.4.1 thereof; 10. ‘design torso angle’ means the angle measured between a vertical line through the R-point or seating reference point and the torso line in a position which corresponds to the design position of the seat-back as declared by the vehicle manufacturer; 11. ‘R-point’ or seating reference point means the design point defined by the vehicle manufacturer for each seating position with respect to the three-dimensional reference system; 12. ‘three-dimensional reference system’ means a reference grid which consists of a vertical longitudinal plane X-Z, a horizontal plane X-Y and a vertical transverse plane Y-Z in accordance with the provisions of Appendix 2 of Annex II; 13. ‘primary reference marks’ means holes, surfaces, marks or other identification signs on the vehicle body or chassis of which the X, Y and Z coordinates within the three-dimensional reference grid are specified by the vehicle manufacturer; 14. ‘vehicle master control switch’ means the device by which the vehicle’s on-board electronics system is brought from being switched off, as is the case when a vehicle is parked without the driver being present, to normal operation mode. Article 3 Provisions for EC type-approval of a vehicle with regard to windscreen defrosting and demisting systems 1. The manufacturer or his representative shall submit to the type-approval authority the application for EC type-approval of a vehicle with regard to windscreen defrosting and demisting systems. 2. The application shall be drawn up in accordance with the model of the information document set out in Part 1 of Annex I. 3. If the relevant requirements set out in Annex II are met, the approval authority shall grant an EC type-approval and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC. A Member State may not assign the same number to another vehicle type. 4. For the purposes of paragraph 3, the type-approval authority shall deliver an EC type-approval certificate established in accordance with the model set out in Part 2 of Annex I. Article 4 Validity and extension of approvals granted under Directive 78/317/EEC National authorities shall permit the sale and entry into service of vehicles type-approved before the date referred to in Article 13, paragraph 2 of Regulation (EC) No 661/2009 and continue to grant extension of approvals to those vehicles under the terms of Directive 78/317/EEC. Article 5 Entry into force This Regulation shall enter into force on the 20th day following 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 Brussels, 27 July 2010. For the Commission The President José Manuel BARROSO (1) OJ L 200, 31.7.2009, p. 1. (2) OJ L 263, 9.10.2007, p. 1. (3) OJ L 81, 28.3.1978, p. 27. (4) Hasn’t been published yet. Will be published by August 2010. ANNEX I Administrative documents for EC type-approval of motor vehicles with regard to windscreen defrosting and demisting systems PART 1 Information document MODEL Information document No … relating to the EC type-approval of a motor vehicle with regard to windscreen defrosting and demisting systems. The following information shall be supplied in triplicate and include a list of contents. Any drawings shall be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, shall show sufficient detail. If the systems, components or separate technical units referred to in this annex have electronic controls, information concerning their performance shall be supplied. 0. GENERAL 0.1. Make (trade name of manufacturer): … 0.2. Type: … 0.2.1. Commercial name(s) (if available): … 0.3. Means of identification of type, if marked on the vehicle (1): … 0.3.1. Location of that marking: … 0.4. Category of vehicle (2): … 0.5. Name and address of manufacturer: … 0.8. Name(s) and address(es) of assembly plant(s): … 0.9. Name and address of the manufacturer’s representative (if any): … 1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE 1.1. Photographs and/or drawings of a representative vehicle: … 1.6. Position and arrangement of the engine: … 1.8. Hand of drive: left/right (3). 3. POWER PLANT (4) 3.1. Manufacturer of the engine: … 3.1.1. Manufacturer’s engine code (as marked on the engine or other means of identification): … 3.2. Internal combustion engine 3.2.1. Specific engine information 3.2.1.1. Working principle: positive ignition/compression ignition (3) Cycle: four stroke/two stroke/rotary (3) 3.2.1.2. Number and arrangement of cylinders: … 3.2.1.3. Engine capacity (5): …cm3 3.2.1.6. Normal engine idling speed (6): … min–1 3.2.1.8. Maximum net power (7): …kW at … min–1 (manufacturer’s declared value) 3.2.2. Fuel 3.2.2.1. Light-duty vehicles: Diesel/Petrol/LPG/NG or Biomethane/Ethanol (E85)/Biodiesel/Hydrogen (3) (8) 3.2.5. Electrical system 3.2.5.1. Rated voltage: … V, positive/negative ground (3) 3.2.5.2. Generator 3.2.5.2.1. Type: … 3.2.5.2.2. Nominal output: …VA 3.2.7. Cooling system: liquid/air (3) 3.2.7.1. Nominal setting of the engine temperature control mechanism: … 3.2.7.2. Liquid 3.2.7.2.1. Nature of liquid: … 3.2.7.2.2. Circulating pump(s): yes/no (3) 3.2.7.2.3. Characteristics: … or 3.2.7.2.3.1. Make(s): … 3.2.7.2.3.2. Type(s): … 3.2.7.2.4. Drive ratio(s): … 3.2.7.2.5. Description of the fan and its drive mechanism: … 3.2.7.3. Air 3.2.7.3.1. Fan: yes/no (3) 3.2.7.3.2. Characteristics: … or 3.2.7.3.2.1. Make(s): … 3.2.7.3.2.2. Type(s): … 3.3. Electric motor 3.3.1. Type (winding, excitation) … 3.3.1.1. Maximum hourly output: … kW 3.3.1.2. Operating voltage: … V 3.3.2. Battery 3.3.2.1. Number of cells: … 3.3.2.2. Mass: … kg 3.3.2.3. Capacity: … Ah (Amp-hours) 3.3.2.4. Position: … 3.4. Engine or motor combination 3.4.1. Hybrid electric vehicle: yes/no (3) 3.4.2. Category of hybrid electric vehicle: off-vehicle charging/not off-vehicle charging: (3) 3.4.3. Operating mode switch: with/without (3) 3.4.3.1. Selectable modes 3.4.3.1.1. Pure electric: yes/no (3) 3.4.3.1.2. Pure fuel consuming: yes/no (3) 3.4.3.1.3. Hybrid modes: yes/no (3) (if yes, short description): … 3.4.4. Description of the energy storage device: (battery, capacitor, flywheel/generator) 3.4.4.1. Make(s): … 3.4.4.2. Type(s): … 3.4.4.3. Identification number: … 3.4.4.4. Kind of electrochemical couple: … 3.4.4.5. Energy: … (for battery: voltage and capacity Ah in 2 h, for capacitor: J, …) 3.4.4.6. Charger: on board/external/without (3) 3.6. Temperatures permitted by the manufacturer 3.6.1. Cooling system 3.6.1.1. Liquid cooling, maximum temperature at outlet: … K 3.6.1.2. Aircooling 3.6.1.2.1. Reference point: … 3.6.1.2.2. Maximum temperature at reference point: … K 3.6.2. Maximum outlet temperature of the inlet intercooler: … K 3.6.3. Maximum exhaust temperature at the point in the exhaust pipe(s) adjacent to the outer flange(s) of the exhaust manifold or turbocharger: … K 9. BODYWORK 9.1. Type of bodywork using the codes defined in Part C of Annex II of Directive 2007/46/EC: … 9.2. Materials used and methods of construction: … 9.3. Occupant doors, latches and hinges 9.3.1. Door configuration and number of doors: … 9.4. Field of vision 9.4.1. Particulars of the primary reference marks in sufficient detail to enable them to be readily identified and the position of each in relation to the others and to the R-point to be verified: … 9.4.2. Drawing(s) or photograph(s) showing the location of component parts within the 180° forward field of vision: … 9.5. Windscreen and other windows 9.5.1. Windscreen 9.5.1.1. Materials used: … 9.5.1.2. Method of mounting: … 9.5.1.3. Angle of inclination: … 9.5.1.4. Type-approval number(s): … 9.5.1.5. Windscreen accessories and the position in which they are fitted together with a brief description of any electrical/electronic components involved: … 9.6. Windscreen wiper(s) 9.6.1. Detailed technical description (including photographs or drawings): … 9.7. Windscreen washer 9.7.1. Detailed technical description (including photographs or drawings) or, if approved as separate technical unit, type-approval number: … 9.8. Defrosting and demisting 9.8.1. Detailed technical description (including photographs or drawings): … 9.8.2. Maximum electrical consumption: …kW 9.10. Interior arrangement 9.10.1. Interior protection for occupants 9.10.1.1. Layout drawing or photographs showing the position of the attached sections or views: … 9.10.1.3. Photographs, drawings and/or an exploded view of the interior fittings, showing the parts in the passenger compartment and the materials used (with the exception of interior rear view mirrors), arrangement of controls, roof and opening roof, backrest, seats and the rear part of seats: … 9.10.3. Seats 9.10.3.1. Number of seating positions (9): … 9.10.3.1.1. Location and arrangement: … 9.10.3.5. Coordinates or drawing of the R-point 9.10.3.5.1. Driver’s seat: … 9.10.3.6. Design torso angle 9.10.3.6.1. Driver’s seat: … Explanatory notes PART 2 EC type-approval certificate MODEL Format: A4 (210 × 297 mm) EC TYPE-APPROVAL CERTIFICATE Communication concerning: — EC type-approval (10) — extension of EC type-approval (10) — refusal of EC type-approval (10) — withdrawal of EC type-approval (10) of a type of vehicle with regard to windscreen defrosting and demisting systems with regard to Regulation (EU) No 672/2010, as last amended by Regulation (EU) No …/… (10) 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) (if available): … 0.3. Means of identification of type, if marked on the vehicle (11): … 0.3.1. Location of that marking: … 0.4. Category of vehicle (12): … 0.5. Name and address of manufacturer: … 0.8. Name(s) and address(es) of assembly plant(s): … 0.9. Name and address of the manufacturer’s representative (if any): … SECTION II 1. Additional information: see Addendum. 2. Technical service responsible for carrying out the tests: … 3. Date of test report: … 4. Number of test report: … 5. Remarks (if any): see Addendum. 6. Place: … 7. Date: … 8. Signature: … Attachments : Information package Test report (1) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??). (2) Classified according to the definitions set out in Directive 2007/46/EC Part A of Annex II. (3) Delete where not applicable. (4) 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. In the case of non-conventional engines and systems, particulars equivalent to those referred to here shall be supplied by the manufacturer. (5) This value shall be calculated (π = 3,1416) and rounded off to the nearest cm3. (6) Specify the tolerance. (7) Determined in accordance with the requirements of Council Directive 80/1269/EEC (OJ L 375, 31.12.1980, p. 46). (8) Vehicles can be fuelled with both petrol and a gaseous fuel but, where the petrol system is fitted for emergency purposes or starting only and of which the petrol tank cannot contain more than 15 litres of petrol, will be regarded for the test as vehicles which can only run a gaseous fuel. (9) The number of seating positions to be mentioned shall be the one when the vehicle is in motion. A range can be specified in case of modular arrangement. (10) Delete where not applicable. (11) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??). (12) As defined in Directive 2007/46/EC, Annex II, Section A. Addendum to EC type-approval certificate No … 1. Additional information: 1.1. Brief description of the vehicle type as regards its structure, dimensions, lines and constituent materials: … 1.2. Description of the defrosting and demisting systems: … 1.3. Description of the interior arrangements or fittings that might affect the tests: … 1.4. Maximum number of seating positions: … 1.5. Characteristics of the windscreen: … thickness of component parts (mm): … 1.6. Rated voltage of the electrical installation (V): … 2. Hand of drive: left/right (1) 3. Power plant: positive ignition/compression ignition/electric/hybrid electric/ … (1) 4. Defrost test temperature: – 8 °C/– 18 °C (1) 5. Remarks: … (1) Delete where not applicable ANNEX II Requirements for windscreen defrosting and demisting systems 1. SPECIFIC REQUIREMENTS 1.1. Windscreen defrosting 1.1.1. Every vehicle shall be equipped with a system for removing frost and ice from the exterior glazed surface of the windscreen. The windscreen defrosting system shall be effective enough to ensure adequate visibility through the windscreen in cold weather. 1.1.2. The efficiency of the system shall be verified by determining the defrosted area of the windscreen periodically after starting, the vehicle having been kept in a cold chamber for a certain amount of time. 1.1.3. The requirements of paragraphs 1.1.1 and 1.1.2 shall be checked using the method set out in paragraph 2.1 of this Annex. 1.1.4. The following requirements shall be satisfied: 1.1.4.1. 20 minutes after the start of the test period, vision area A, as determined in accordance with Appendix 3 to Annex II, shall be 80 % defrosted; 1.1.4.2. 25 minutes after the start of the test period, the defrosted area of the windscreen on the passenger side shall be comparable to that specified in paragraph 1.1.4.1 for the driver’s side; 1.1.4.3. 40 minutes after the start of the test period, vision area B, as determined in accordance with Appendix 3 to Annex II, shall be 95 % defrosted. 1.2. Windscreen demisting 1.2.1. Every vehicle shall be equipped with a system for removing mist from the interior glazed surface of the windscreen. 1.2.2. The demisting system shall be effective enough to restore visibility through the windscreen in case it is fogged up with mist. Its efficiency shall be verified by the procedure described in paragraph 2.2 of this Annex. 1.2.3. The following requirements shall be satisfied: 1.2.3.1. Vision area A, as determined in accordance with Appendix 3 to Annex II, shall be 90 % demisted in 10 minutes; 1.2.3.2. Vision area B, as determined in accordance with Appendix 3 to Annex II, shall be 80 % demisted in 10 minutes. 2. TEST PROCEDURE 2.1. Windscreen defrosting 2.1.1. The test shall be carried out at a temperature of – 8 ± 2 °C or – 18 ± 3 °C, as selected by the manufacturer. 2.1.2. The test shall be carried out in a cold chamber large enough to contain the complete vehicle and equipped to maintain one of the temperatures mentioned in paragraph 2.1.1 in the chamber throughout the test and to circulate cold air. The cold chamber shall be maintained at or below the specified test temperature for not less than 24 hours before the start of the period during which the vehicle is exposed to cold. 2.1.3. Before the test, the inner and outer surfaces of the windscreen shall be thoroughly degreased by means of methylated spirit or an equivalent degreasing agent. After drying, a solution of ammonia of not less than 3 % and not more than 10 % shall be applied. The surface shall be allowed to dry again and then be wiped with a dry cotton cloth. 2.1.4. The vehicle shall be switched off and shall be kept at the test temperature for not less than 10 hours prior to commencement of the test. 2.1.4.1. If it is possible to check whether the vehicle’s engine coolant and lubricant are stabilized at the test temperature, this period may be shortened. 2.1.5. Following the exposure period prescribed in paragraph 2.1.4, an even layer of ice of 0,044 g/cm2 shall be applied over the entire outside surface of the windscreen by means of a water spray gun working at 3,5 ± 0,2 bar operating pressure. 2.1.5.1. The spray nozzle, adjusted to full fan pattern and maximum flow, shall be held perpendicular to and at a distance of between 200 and 250 mm from the glazed surface, and so directed as to form an even layer of ice right across the windscreen from one side to the other. 2.1.5.1.1. A spray gun having a nozzle of 1,7 mm diameter and a liquid flow rate of 0,395 l/min, and capable of producing a fan pattern of 300 mm diameter on the glazed surface at a distance 200 mm from that surface, may be used to satisfy the requirements of paragraph 2.1.5. Any other device by which the requirements can be satisfied shall also be permitted. 2.1.6. After the ice has been formed on the windscreen, the vehicle shall be kept in the cold chamber for an additional period of not less than 30 minutes and not more than 40 minutes. 2.1.7. After the period prescribed in paragraph 2.1.6 has elapsed, one or two observers shall enter the vehicle, subsequently the vehicle master operation control may be switched to the on position and any engine can be started, if necessary by some external means. The test period shall commence as soon as the vehicle master control switch has been activated. 2.1.7.1. If the vehicle is fitted with an engine, the engine speeds may be adjusted according to manufacturer’s specification recommended for warming up when starting in cold weather, during the first five minutes of the test period. 2.1.7.2. During the final 35 minutes of the test period (or during the entire test period if the five-minute warming-up procedure is not followed): 2.1.7.2.1. The engine, if fitted, shall run at a speed not exceeding 50 % of the speed corresponding to its maximum power output. However, if this is proven not to be practicable due to specific engine control strategies, for instance in the case of electric hybrid vehicles, a realistic worst case scenario shall be determined. The scenario shall take into account the engine speeds, periodical absence or complete absence of a running engine during normal driving conditions at an ambient temperature of – 8 °C or – 18 °C, whichever has been selected by the manufacturer as the designated test temperature. If the system can meet the defrosting requirements without a running engine, the engine does not have to run at all. 2.1.7.3. All batteries shall be fully charged at the start of the test. 2.1.7.4. During the test, the voltage at the terminals of the defrosting device may be not more than 20 % above the nominal rating of the system. 2.1.7.5. The temperature in the test chamber shall be measured at the level of the centre of the windscreen, at a point not significantly affected by heat from the vehicle under test. 2.1.7.6. The horizontal component of the speed of the air cooling the chamber, measured immediately prior to the test, in the median plane of the vehicle at a point 300 mm forward of the base of the windscreen and at a level half-way between the base and the top of the windscreen, shall be as low as possible and in any event less than 8 km/h. 2.1.7.7. If fitted, the engine bonnet, roof, all doors, windows and vents, except the intakes and outlets of the heating and ventilating system, shall be closed; one or two windows may be opened for a total vertical distance of 25 mm if the vehicle manufacturer so requests. 2.1.7.8. The vehicle’s defrosting system controls shall be set as recommended by the vehicle manufacturer for the test temperature. 2.1.7.9. The windscreen wipers may be used during the test, but this shall be done without any manual assistance apart from the operation of any controls in the interior of the vehicle. 2.1.8. The observer(s) shall outline the defrosted area on the inside surface of the windscreen, at five-minute intervals from the start of the test period. 2.1.9. On completion of the test, the pattern of the defrosted area outlined on the inner face of the windscreen as required by paragraph 2.1.8 shall be noted and marked to identify windscreen vision areas A and B. 2.2. Windscreen demisting 2.2.1. Before the test, the inside surface of the windscreen shall be thoroughly degreased by means of methylated spirit, or an equivalent degreasing agent. After drying, a solution of ammonia of not less than 3 % and not more than 10 % shall be applied. The surface shall be allowed to dry again and then be wiped with a dry cotton cloth. 2.2.2. The test shall be carried out in an environmental chamber large enough to take the complete vehicle and capable of producing and maintaining a test temperature of – 3 ± 1 °C throughout the test period. 2.2.2.1. The temperature in the test chamber shall be measured at the level of the centre of the windscreen, at a point not significantly affected by heat from the vehicle under test. 2.2.2.2. The horizontal component of the speed of the air cooling the chamber, measured immediately prior to the test, in the median plane of the vehicle at a point 300 mm forward of the base of the windscreen and at a level half-way between the base and the top of the windscreen, shall be as low as possible and in any event less than 8 km/h. 2.2.2.3. If fitted, the engine bonnet, roof, all doors, windows and vents, except the intakes and outlets of the heating and ventilation system, shall be closed; one or two windows may be opened from the beginning of the demisting test for a total vertical distance of 25 mm if the vehicle manufacturer so requests. 2.2.3. The mist shall be produced by means of the steam generator described in Appendix 4 of Annex II. The generator shall contain enough water to generate at least 70 ± 5 g/h of steam for each seating position designated by the manufacturer, in an ambient temperature of – 3 °C. 2.2.4. The inside surface of the windscreen shall be cleaned as prescribed in paragraph 2.2.1 after the vehicle is placed in the environmental chamber. The ambient air temperature shall be lowered and stabilized at – 3 ± 1 °C. The vehicle shall be switched off and shall be kept at the test temperature for not less than 10 hours prior to commencement of the test. If it is possible to check whether the vehicle’s engine coolant and lubricant are stabilized at the test temperature, this period may be shortened. 2.2.5. The steam generator shall be placed with its outlets in the median longitudinal plane of the vehicle at a height of 580 ± 80 mm above the R-point or seating reference point of the driver’s seat. It shall normally be placed immediately behind the front seat backrests, with the seats in the manufacturer’s declared design positions and the seat-backs set in accordance with design torso angles. Where the design of the vehicle precludes this, the generator shall be placed in front of the backrests, in the nearest convenient position to that mentioned above. 2.2.6. After the generator has been operating for five minutes inside the vehicle, one or two observers shall quickly enter the vehicle, opening any access doors for a total duration not exceeding 8 seconds, and be seated on the front seating position(s), the output of the generator being then reduced by 70 ± 5 g/h for each observer. 2.2.7. One minute after the observer(s) have entered the vehicle, the vehicle master operation control may be switched to the on position and any engine can be started, if necessary by some external means. The test period shall commence as soon as the vehicle master control switch has been activated. 2.2.7.1. If the vehicle is fitted with an engine, it shall run at a speed not exceeding 50 % of the speed corresponding to its maximum power output. However, if this is proven not to be practicable due to specific engine control strategies, for instance in the case of electric hybrid vehicles, a realistic worst case scenario shall be determined. The scenario shall take into account the engine speeds, periodical absence or complete absence of a running engine during normal driving conditions at an ambient temperature of – 1 °C. If the system can meet the demisting requirements without a running engine, the engine does not have to run at all. 2.2.7.2. The vehicle’s demisting system controls shall be set as recommended by the vehicle manufacturer for the test temperature. 2.2.7.3. All batteries shall be fully charged at the start of the test. 2.2.7.4. The voltage at the terminals of the demisting device may be not more than 20 % above the nominal rating of the system. 2.2.8. At the end of the test, the demist pattern shall be recorded, noted and marked to identify windscreen vision areas A and B. Appendix 1 Procedure for verification of the R-point or seating reference point The R-point or seating reference point is established in accordance with the provisions laid down in Annex 3 of UN-ECE Regulation 17 (1). (1) OJ L 373, 27.12.2006, p. 1. Appendix 2 Procedure for determining primary reference marks in the three-dimensional reference system The dimensional relationships between primary reference marks on drawings and their position on the actual vehicle are established in accordance with the provisions laid down in Annex 4 of UN-ECE Regulation 125 (1). (1) Hasn’t been published yet. Will be published by August 2010. Appendix 3 Procedure for determining vision areas on windscreens of vehicles The vision areas A and B are established in accordance with the provisions laid down in Annex 18 of UN-ECE Regulation 43. Appendix 4 Requirements for the steam generator 1. CHARACTERISTICS 1.1. The steam generator used for the test shall have the following general characteristics: 1.1.1. The water container shall have a capacity of at least 2,25 litres. 1.1.2. The heat loss at boiling point shall not exceed 75 W in an ambient temperature of – 3 ± 1 °C. 1.1.3. The fan shall have a capacity of 0,07 to 0,10 m3/min at 0,5 mbar static pressure. 1.1.4. Six steam outlet holes shall be positioned at the top of the generator, around the perimeter spaced at equal distances (see Figure 1): 1.1.5. The generator shall be calibrated at – 3 ± 1 °C to give reading for each 70 ± 5 g/h output up to a maximum of n times this figure, where n is the maximum number of seating positions designated by the manufacturer. Figure 1 Diagram of steam generator 1.2. The specified parts shall have the following dimensional and material characteristics: 1.2.1. Nozzle 1.2.1.1. Dimensions: 1.2.1.1.1. Length 100 mm. 1.2.1.1.2. Inside diameter 15 mm. 1.2.1.2. Material: 1.2.1.2.1. Brass. 1.2.2. Dispersion chamber 1.2.2.1. Dimensions: 1.2.2.1.1. Pipe outside diameter 75 mm. 1.2.2.1.2. Wall thickness 0,38 mm. 1.2.2.1.3. Length 115 mm. 1.2.2.1.4. Six evenly spaced holes of 6,3 mm in diameter, 25 mm above the bottom of the dispersion chamber. 1.2.2.2. Material: 1.2.2.2.1. Brass.

Summary: Windscreen defrosting and demisting systems for motor vehicles Windscreen defrosting and demisting systems for motor vehicles SUMMARY OF: Regulation (EU) No 672/2010 — type-approval requirements for windscreen defrosting and demisting systems of certain motor vehicles WHAT IS THE AIM OF THE REGULATION? It defines EU type-approval requirements for windscreen defrosting* and demisting* systems of category M1 motor vehicles. This category covers vehicles with a maximum of 9 seats. It implements Regulation (EC) No 661/2009 on type approval for motor vehicles and trailers. KEY POINTS Requirements for windscreen defrosting and demisting systems Every M1 category vehicle must be equipped with: a system for removing frost and ice from the exterior glazed surface of the windscreen. The driver of the vehicle must have adequate visibility through the windscreen in cold weather. a system for removing mist from the interior glazed surface of the windscreen. The efficiency of windscreen defrosting and demisting systems must be verified by tests carried out on the vehicle at a temperature of -8 °C or -18 °C to defrost the ice that has formed on the outside of the windscreen, and a temperature of -3 °C for mist that has formed on the interior of the windscreen. Rules for EU type-approval The vehicle manufacturer must submit an application for EU type-approval to the competent authority. The application must contain certain information, including: the make and type of vehicle; the characteristics of the windscreen defrosting and demisting system on the display panel; the characteristics of the vehicle motor heating the system. If the competent authority considers that the vehicle satisfies all the requirements for windscreen demisting and defrosting systems, it shall grant an EC type-approval and issue a type-approval number in accordance with the numbering system set out in Directive 2007/46/EC. FROM WHEN DOES THE REGULATION APPLY? It has applied since 17 August 2010. BACKGROUND For more information, see: Directives and regulations on motor vehicles, their trailers, systems and components (European Commission). KEY TERMS Defrosting system: a system intended to eliminate frost or ice on the outside surface of the windscreen. Demisting system: a system intended to remove mist on the inside surface of the windscreen. MAIN DOCUMENT Commission Regulation (EU) No 672/2010 of 27 July 2010 concerning type-approval requirements for windscreen defrosting and demisting systems of certain motor vehicles and implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 196, 28.7.2010, pp. 5-20) RELATED DOCUMENTS Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, pp. 1-24) Successive amendments to Regulation (EC) No 661/2009 have been incorporated into the original document. This consolidated version is of documentary value only. Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, pp. 1-160) See consolidated version. last update 02.05.2019


10.2.2010 EN Official Journal of the European Union L 37/13 COMMISSION REGULATION (EU) No 115/2010 of 9 February 2010 laying down the conditions for use of activated alumina for the removal of fluoride from natural mineral waters and spring waters (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 (1), on the exploitation and marketing of natural mineral waters, and in particular Article 4(1)(c) and Article 12 (d) thereof, Having regard to the opinion of the European Food Safety Authority, Whereas: (1) Commission Directive 2003/40/EC of 16 May 2003 establishing the list, concentration limits and labelling requirements for the constituents of natural mineral waters and the conditions for using ozone-enriched air for the treatment of natural mineral waters and spring waters (2) sets a maximum limit for fluoride in natural mineral waters. As regards spring water, such a limit is fixed by Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (3). (2) To allow operators to comply with those Directives, a treatment to remove fluoride from natural mineral waters and spring waters by using activated alumina (hereinafter ‘the fluoride removal treatment’) should be authorised. (3) The fluoride removal treatment should not add residues to the treated water at concentrations which may pose a risk to public health. (4) The fluoride removal treatment should be notified to the competent authorities to allow those authorities to exercise the controls necessary to ensure correct application of the treatment. (5) The use of a fluoride removal treatment should be indicated on the label of treated water. (6) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health and neither the European Parliament nor the Council has opposed them, HAS ADOPTED THIS REGULATION: Article 1 1. The treatment of natural mineral waters and spring waters with activated alumina in order to remove fluoride, hereinafter ‘the fluoride removal treatment’, shall be allowed. Natural mineral waters and spring waters together are referred to hereinafter as ‘water’. 2. The fluoride removal treatment shall be performed in accordance with the technical requirements as set out in the Annex. Article 2 The release of residues into the water as a result of the fluoride removal treatment shall be as low as technically feasible according to the best practices and shall not pose a risk to public health. To ensure this, the operator shall implement and monitor the critical processing steps set in the Annex. Article 3 1. The application of a fluoride removal treatment shall be notified to the competent authorities at least three months prior to use. 2. With the notification the operator shall communicate to the competent authorities relevant information, documentation and analytical results on the treatment which show that it complies with the Annex. Article 4 The label on water which has been the subject of a fluoride removal treatment shall include, in proximity to the statement of the analytical composition, the indication ‘water subjected to an authorised adsorption technique’. Article 5 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Products which were placed on the market by 10 August 2010 and which do not comply with Article 4, may continue to be marketed until 10 August 2011. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 9 February 2010. For the Commission The President José Manuel BARROSO (1) OJ L 164, 26.6.2009, p. 45. (2) OJ L 126, 22.5.2003, p. 34. (3) OJ L 330, 5.12.1998, p. 32. ANNEX Technical requirements for the use of activated alumina for the removal of fluoride from natural mineral waters and spring waters The following critical processing steps shall be implemented and monitored appropriately: 1. Before the activated alumina is used for the treatment of water it shall be subjected to an initialisation procedure which includes the use of acidic or alkaline chemicals to remove any residues and a backwash treatment to remove fine particles. 2. A regeneration procedure shall be applied at intervals ranging from one to four weeks depending on the water quality and throughput. It shall include the use of appropriate chemicals to remove the adsorbed ions in order to restore the adsorption capacity of the activated alumina, and to remove any possibly formed biofilms. This procedure shall be done in the following three stages: — Treatment with sodium hydroxide to remove fluoride ions and replace them with hydroxide ions. — Treatment with an acid to remove residual sodium hydroxide and activate the medium. — Rinsing with drinking or demineralised water and conditioning with the water as the final step in order to ensure that the filter has no impact on the overall mineral content of the treated water. 3. The chemicals and reagents used for the initialisation and regeneration procedures shall comply with the relevant European standards (1) or applicable national standards relating to the purity of the chemical reagents used for treatment of water intended for human consumption. 4. The activated alumina shall comply with the European standard for leaching tests (EN 12902) (2) to ensure that no residues are released into the water resulting in concentrations exceeding the limits set in Directive 2003/40/EC or in the absence of limits in that Directive, the limits set in Directive 98/83/EC or in applicable national legislation. The total amount of aluminium ions in the treated water as it results after the release of aluminium, the main component of activated alumina, shall not exceed 200microg/L, as established in Directive 98/83/EC. This amount shall be checked regularly in accordance with the Council Directive. 5. The processing steps shall be subject to good manufacturing practices and HACCP principles set out in Regulation (EC) No 852/2004 of the European Parliament and of the Council on food hygiene (3). 6. The operator shall establish a monitoring programme in order to ensure the proper functioning of the processing steps in particular as regards the maintenance of the essential characteristics of the water and its fluoride content. (1) European Standards developed by the European Committee for Standardisation (CEN). (2) European Standard EN 12902 (2004): Products used for treatment of water intended for human consumption. Inorganic supporting and filtering materials. (3) OJ L 139, 30.4.2004, p. 1.

Summary: Using alumina to remove fluoride from mineral waters Using alumina to remove fluoride from mineral waters SUMMARY OF: Regulation (EU) No 115/2010 — use of activated alumina for fluoride removal from mineral waters WHAT IS THE AIM OF THE REGULATION? It sets out rules for the use of activated alumina* to remove fluoride* from mineral and spring waters, to comply with EU directives on the quality of drinking water. KEY POINTS The use of activated alumina to remove fluoride in natural mineral waters and spring waters is permitted, under the following conditions: The release of residues into the water as a result of the treatment must be as low as technically possible and not be a risk to public health. The use of the treatment must be notified to the competent authorities at least 3 months in advance, with documentation and data to show that it complies with the regulation. All chemicals used in the treatment must comply with standards applicable to the treatment of drinking water. The activated alumina must comply with European standards to ensure that no excess residues are released into the water. Before use, the activated alumina must be treated to remove residues and fine particles. Filters must be rinsed as a final step to ensure that they do not affect the mineral content of the treated water. The activated alumina must be regenerated at appropriate intervals to restore its effectiveness. The operator must monitor processes to ensure that the essential characteristics of the water are maintained. The use of a fluoride removal treatment should be indicated on the label of treated water, close to the composition list, in the form: ‘water subjected to an authorised adsorption technique’. FROM WHEN DOES THE REGULATION APPLY? It has applied since 2 March 2010. BACKGROUND Directive 2009/54/EC sets out the EU’s rules on the permitted methods for treatment of natural mineral waters and spring waters. It authorises the European Commission to lay down the conditions for use of treatments following consultation with the European Food Safety Authority. Commission Directive 2003/40/EC sets a limit for fluoride in natural mineral waters. The limit for spring water is fixed by Council Directive 98/83/EC. Chemical processing is subject to the good manufacturing practices and the principles set out in Regulation (EC) No 852/2004 of the European Parliament and of the Council on food hygiene. For more information, see: Natural Mineral Waters and Spring Water (European Commission). KEY TERMS Activated alumina: highly porous form of aluminium oxide with a large surface area. It can be used as a filter to remove fluoride from drinking water. Fluoride: a naturally occurring element in water supplies. Concentrations vary widely from one EU country to another. MAIN DOCUMENT Commission Regulation (EU) No 115/2010 of 9 February 2010 laying down the conditions for use of activated alumina for the removal of fluoride from natural mineral waters and spring waters (OJ L 37, 10.2.2010, pp. 13–15) RELATED DOCUMENTS Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (Recast) (OJ L 164, 26.6.2009, pp. 45–58) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, pp. 1–54). Text published in corrigendum (OJ L 226, 25.6.2004, pp. 3-21). Successive amendments to Regulation (EC) No 852/2004 have been incorporated into the basic text. This consolidated version is of documentary value only. Commission Directive 2003/40/EC of 16 May 2003 establishing the list, concentration limits and labelling requirements for the constituents of natural mineral waters and the conditions for using ozone-enriched air for the treatment of natural mineral waters and spring waters (OJ L 126, 22.5.2003, pp. 34–39) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, pp. 32–54) See consolidated version. last update 28.09.2017


21.12.2011 EN Official Journal of the European Union L 338/2 DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2011 on the European protection order THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(1)(a) and (d) thereof, Having regard to the initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Estonia, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Hungary, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Finland and the Kingdom of Sweden, After transmission of the draft legislative act to the national parliaments, Acting in accordance with the ordinary legislative procedure (1), Whereas: (1) The European Union has set itself the objective of maintaining and developing an area of freedom, security and justice. (2) Article 82(1) of the Treaty on the Functioning of the European Union (TFEU) provides that judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions. (3) According to the Stockholm Programme — An open and secure Europe serving and protecting citizens (2), mutual recognition should extend to all types of judgments and decisions of a judicial nature, which may, depending on the legal system, be either criminal or administrative. It also calls on the Commission and the Member States to examine how to improve legislation and practical support measures for the protection of victims. The programme also points out that victims of crime can be offered special protection measures which should be effective within the Union. This Directive forms part of a coherent and comprehensive set of measures on victims’ rights. (4) The resolution of the European Parliament of 26 November 2009 on the elimination of violence against women calls on Member States to improve their national laws and policies to combat all forms of violence against women and to act in order to tackle the causes of violence against women, not least by employing preventive measures and calls on the Union to guarantee the right to assistance and support for all victims of violence. The resolution of the European Parliament of 10 February 2010 on equality between women and men in the European Union 2009 endorses the proposal to introduce the European protection order for victims. (5) In its Resolution of 10 June 2011 on a Roadmap for strengthening the rights and protection of victims, in particular in criminal proceedings, the Council stated that action should be taken at the level of the Union in order to strengthen the rights and protection of victims of crime and called on the Commission to present appropriate proposals to that end. In this framework, a mechanism should be created to ensure mutual recognition among Member States of decisions concerning protection measures for victims of crime. According to that Resolution, this Directive, which concerns the mutual recognition of protection measures taken in criminal matters, should be complemented by an appropriate mechanism concerning measures taken in civil matters. (6) In a common area of justice without internal borders, it is necessary to ensure that the protection provided to a natural person in one Member State is maintained and continued in any other Member State to which the person moves or has moved. It should also be ensured that the legitimate exercise by citizens of the Union of their right to move and reside freely within the territory of Member States, in accordance with Article 3(2) of the Treaty on European Union (TEU) and Article 21 TFEU, does not result in a loss of their protection. (7) In order to attain these objectives, this Directive should set out rules whereby the protection stemming from certain protection measures adopted according to the law of one Member State (‘the issuing State’) can be extended to another Member State in which the protected person decides to reside or stay (‘the executing State’). (8) This Directive takes account of the different legal traditions of the Member States as well as the fact that effective protection can be provided by means of protection orders issued by an authority other than a criminal court. This Directive does not create obligations to modify national systems for adopting protection measures nor does it create obligations to introduce or amend a criminal law system for executing a European protection order. (9) This Directive applies to protection measures which aim specifically to protect a person against a criminal act of another person which may, in any way, endanger that person’s life or physical, psychological and sexual integrity, for example by preventing any form of harassment, as well as that person’s dignity or personal liberty, for example by preventing abductions, stalking and other forms of indirect coercion, and which aim to prevent new criminal acts or to reduce the consequences of previous criminal acts. These personal rights of the protected person correspond to fundamental values recognised and upheld in all Member States. However, a Member State is not obliged to issue a European protection order on the basis of a criminal measure which does not serve specifically to protect a person, but primarily serves other aims, for example the social rehabilitation of the offender. It is important to underline that this Directive applies to protection measures which aim to protect all victims and not only the victims of gender violence, taking into account the specificities of each type of crime concerned. (10) This Directive applies to protection measures adopted in criminal matters, and does not therefore cover protection measures adopted in civil matters. For a protection measure to be executable in accordance with this Directive, it is not necessary for a criminal offence to have been established by a final decision. Nor is the criminal, administrative or civil nature of the authority adopting a protection measure relevant. This Directive does not oblige Member States to amend their national law to enable them to adopt protection measures in the context of criminal proceedings. (11) This Directive is intended to apply to protection measures adopted in favour of victims, or possible victims, of crimes. This Directive should not therefore apply to measures adopted with a view to witness protection. (12) If a protection measure, as defined in this Directive, is adopted for the protection of a relative of the main protected person, a European protection order may also be requested by and issued in respect of that relative, subject to the conditions laid down in this Directive. (13) Any request for the issuing of a European protection order should be treated with appropriate speed, taking into account the specific circumstances of the case, including the urgency of the matter, the date foreseen for the arrival of the protected person on the territory of the executing State and, where possible, the degree of risk for the protected person. (14) Where information is to be provided under this Directive to the protected person or to the person causing danger, this information should also, where relevant, be provided to the guardian or the representative of the person concerned. Due attention should also be paid to the need for the protected person, the person causing danger or the guardian or representative in the proceedings, to receive the information provided for by this Directive, in a language that that person understands. (15) In the procedures for the issuing and recognition of a European protection order, competent authorities should give appropriate consideration to the needs of victims, including particularly vulnerable persons, such as minors or persons with disabilities. (16) For the application of this Directive, a protection measure may have been imposed following a judgment within the meaning of Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (3), or following a decision on supervision measures within the meaning of Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (4). If a decision was adopted in the issuing State on the basis of one of those Framework Decisions, the recognition procedure should be followed accordingly in the executing State. This, however, should not exclude the possibility to transfer a European protection order to a Member State other than the State executing decisions based on those Framework Decisions. (17) In accordance with Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, the person causing danger should be provided, either during the procedure leading to the adoption of a protection measure or before issuing a European protection order, with the possibility of being heard and challenging the protection measure. (18) In order to prevent a crime being committed against the victim in the executing State, that State should have the legal means for recognising the decision previously adopted in the issuing State in favour of the victim, while also avoiding the need for the victim to start new proceedings or to produce evidence in the executing State again, as if the issuing State had not adopted the decision. The recognition of the European protection order by the executing State implies, inter alia, that the competent authority of that State, subject to the limitations set out in this Directive, accepts the existence and validity of the protection measure adopted in the issuing State, acknowledges the factual situation described in the European protection order, and agrees that protection should be provided and should continue to be provided in accordance with its national law. (19) This Directive contains an exhaustive list of prohibitions and restrictions which, when imposed in the issuing State and included in the European protection order, should be recognised and enforced in the executing State, subject to the limitations set out in this Directive. Other types of protection measures may exist at national level, such as, if provided by national law, the obligation on the person causing danger to remain in a specified place. Such measures may be imposed in the issuing State in the framework of the procedure leading to the adoption of one of the protection measures which, according to this Directive, may be the basis for a European protection order. (20) Since, in the Member States, different kinds of authorities (civil, criminal or administrative) are competent to adopt and enforce protection measures, it is appropriate to provide a high degree of flexibility in the cooperation mechanism between the Member States under this Directive. Therefore, the competent authority in the executing State is not required in all cases to take the same protection measure as those which were adopted in the issuing State, and has a degree of discretion to adopt any measure which it deems adequate and appropriate under its national law in a similar case in order to provide continued protection to the protected person in the light of the protection measure adopted in the issuing State as described in the European protection order. (21) The prohibitions or restrictions to which this Directive applies include, among others, measures aimed at limiting personal or remote contacts between the protected person and the person causing danger, for example by imposing certain conditions on such contacts or imposing restrictions on the contents of communications. (22) The competent authority of the executing State should inform the person causing danger, the competent authority of the issuing State and the protected person of any measure adopted on the basis of the European protection order. In the notification to the person causing danger, due regard should be taken of the interest of the protected person in not having that person’s address or other contact details disclosed. Such details should be excluded from the notification, provided that the address or other contact details are not included in the prohibition or restriction imposed as an enforcement measure on the person causing danger. (23) When the competent authority in the issuing State withdraws the European protection order, the competent authority in the executing State should discontinue the measures which it has adopted in order to enforce the European protection order, it being understood that the competent authority in the executing State may — autonomously, and in accordance with its national law — adopt any protection measure under its national law in order to protect the person concerned. (24) Given that this Directive deals with situations in which the protected person moves to another Member State, issuing or executing a European protection order should not imply any transfer to the executing State of powers relating to principal, suspended, alternative, conditional or secondary penalties, or relating to security measures imposed on the person causing danger, if the latter continues to reside in the State that adopted the protection measure. (25) Where appropriate, it should be possible to use electronic means with a view to putting into practice the measures adopted in application of this Directive, in accordance with national laws and procedures. (26) In the context of cooperation among the authorities involved in ensuring the protection of the protected person, the competent authority of the executing State should communicate to the competent authority of the issuing State any breach of the measures adopted in the executing State with a view to executing the European protection order. This communication should enable the competent authority of the issuing State to promptly decide on any appropriate response with respect to the protection measure imposed in its State on the person causing danger. Such a response may comprise, where appropriate, the imposition of a custodial measure in substitution of the non-custodial measure that was originally adopted, for example, as an alternative to preventive detention or as a consequence of the conditional suspension of a penalty. It is understood that such a decision, since it does not impose ex novo a penalty in relation to a new criminal offence, does not interfere with the possibility that the executing State may, where applicable, impose penalties in the event of a breach of the measures adopted in order to execute the European protection order. (27) In view of the different legal traditions of the Member States, where no protection measure would be available in the executing State in a case similar to the factual situation described in the European protection order, the competent authority of the executing State should report any breach of the protection measure described in the European protection order of which it is aware to the competent authority of the issuing State. (28) In order to ensure the smooth application of this Directive in each particular case, the competent authorities of the issuing and the executing States should exercise their competencies in accordance with the provisions of this Directive, taking into account the principle of ne bis in idem. (29) The protected person should not be required to sustain costs related to the recognition of the European protection order which are disproportionate to a similar national case. When implementing this Directive, Member States should ensure that, after recognition of the European protection order, the protected person is not required to initiate further national proceedings to obtain from the competent authority of the executing State, as a direct consequence of the recognition of the European protection order, a decision adopting any measure that would be available under its national law in a similar case in order to ensure the protection of the protected person. (30) Bearing in mind the principle of mutual recognition upon which this Directive is based, Member States should promote, to the widest extent possible, direct contact between the competent authorities when they apply this Directive. (31) Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States should consider requesting those responsible for the training of judges, prosecutors, police and judicial staff involved in the procedures aimed at issuing or recognising a European protection order to provide appropriate training with respect to the objectives of this Directive. (32) In order to facilitate the evaluation of the application of this Directive, Member States should communicate to the Commission relevant data related to the application of national procedures on the European protection order, at least with regard to the number of European protection orders requested, issued and/or recognised. In this respect, other types of data, such as, for example, the types of crimes concerned, would also be useful. (33) This Directive should contribute to the protection of persons who are in danger, thereby complementing, but not affecting, the instruments already in place in this field, such as Framework Decision 2008/947/JHA and Framework Decision 2009/829/JHA. (34) When a decision relating to a protection measure falls within the scope of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (5), Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (6), or the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children (7), the recognition and enforcement of that decision should be carried out in accordance with the provisions of the relevant legal instrument. (35) Member States and the Commission should include information about the European protection order, where it is appropriate, in existing education and awareness-raising campaigns on the protection of victims of crime. (36) Personal data processed when implementing this Directive should be protected in accordance with Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (8) and with the principles laid down in the 1981 Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. (37) This Directive should respect the fundamental rights guaranteed by the Charter of Fundamental Rights of the European Union and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, in accordance with Article 6 TEU. (38) When implementing this Directive, Member States are encouraged to take into account the rights and principles enshrined in the 1979 United Nations Convention on the elimination of all forms of discrimination against women. (39) Since the objective of this Directive, namely to protect persons who are in danger, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. 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 that objective. (40) In accordance with Article 3 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Directive. (41) In accordance with Articles 1 and 2 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Directive and is not bound by it or subject to its application. (42) In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Directive and is not bound by it or subject to its application, HAVE ADOPTED THIS DIRECTIVE: Article 1 Objective This Directive sets out rules allowing a judicial or equivalent authority in a Member State, in which a protection measure has been adopted with a view to protecting a person against a criminal act by another person which may endanger his life, physical or psychological integrity, dignity, personal liberty or sexual integrity, to issue a European protection order enabling a competent authority in another Member State to continue the protection of the person in the territory of that other Member State, following criminal conduct, or alleged criminal conduct, in accordance with the national law of the issuing State. Article 2 Definitions For the purposes of this Directive the following definitions shall apply: (1) ‘European protection order’ means a decision, taken by a judicial or equivalent authority of a Member State in relation to a protection measure, on the basis of which a judicial or equivalent authority of another Member State takes any appropriate measure or measures under its own national law with a view to continuing the protection of the protected person; (2) ‘protection measure’ means a decision in criminal matters adopted in the issuing State in accordance with its national law and procedures by which one or more of the prohibitions or restrictions referred to in Article 5 are imposed on a person causing danger in order to protect a protected person against a criminal act which may endanger his life, physical or psychological integrity, dignity, personal liberty or sexual integrity; (3) ‘protected person’ means a natural person who is the object of the protection resulting from a protection measure adopted by the issuing State; (4) ‘person causing danger’ means the natural person on whom one or more of the prohibitions or restrictions referred to in Article 5 have been imposed; (5) ‘issuing State’ means the Member State in which a protection measure has been adopted that constitutes the basis for issuing a European protection order; (6) ‘executing State’ means the Member State to which a European protection order has been forwarded with a view to its recognition; (7) ‘State of supervision’ means the Member State to which a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA, has been transferred. Article 3 Designation of competent authorities 1. Each Member State shall inform the Commission which judicial or equivalent authority or authorities are competent under its national law to issue a European protection order and to recognise such an order, in accordance with this Directive, when that Member State is the issuing State or the executing State. 2. The Commission shall make the information received available to all Member States. Member States shall inform the Commission of any change to the information referred to in paragraph 1. Article 4 Recourse to a central authority 1. Each Member State may designate a central authority or, where its legal system so provides, more than one central authority, to assist its competent authorities. 2. A Member State may, if it is necessary as a result of the organisation of its internal judicial system, make its central authority or authorities responsible for the administrative transmission and reception of any European protection order, as well as for all other official correspondence relating thereto. As a consequence, all communications, consultations, exchanges of information, enquiries and notifications between competent authorities may be dealt with, where appropriate, with the assistance of the designated central authority or authorities of the Member State concerned. 3. Member States wishing to make use of the possibilities referred to in this Article shall communicate to the Commission information relating to the designated central authority or authorities. These indications shall be binding upon all the authorities of the issuing State. Article 5 Need for an existing protection measure under national law A European protection order may only be issued when a protection measure has been previously adopted in the issuing State, imposing on the person causing danger one or more of the following prohibitions or restrictions: (a) a prohibition from entering certain localities, places or defined areas where the protected person resides or visits; (b) a prohibition or regulation of contact, in any form, with the protected person, including by phone, electronic or ordinary mail, fax or any other means; or (c) a prohibition or regulation on approaching the protected person closer than a prescribed distance. Article 6 Issuing of a European protection order 1. A European protection order may be issued when the protected person decides to reside or already resides in another Member State, or when the protected person decides to stay or already stays in another Member State. When deciding upon the issuing of a European protection order, the competent authority in the issuing State shall take into account, inter alia, the length of the period or periods that the protected person intends to stay in the executing State and the seriousness of the need for protection. 2. A judicial or equivalent authority of the issuing State may issue a European protection order only at the request of the protected person and after verifying that the protection measure meets the requirements set out in Article 5. 3. The protected person may submit a request for the issuing of a European protection order either to the competent authority of the issuing State or to the competent authority of the executing State. If such a request is submitted in the executing State, its competent authority shall transfer this request as soon as possible to the competent authority of the issuing State. 4. Before issuing a European protection order, the person causing danger shall be given the right to be heard and the right to challenge the protection measure, if that person has not been granted these rights in the procedure leading to the adoption of the protection measure. 5. When a competent authority adopts a protection measure containing one or more of the prohibitions or restrictions referred to in Article 5, it shall inform the protected person in an appropriate way, in accordance with the procedures under its national law, about the possibility of requesting a European protection order in the case that that person decides to leave for another Member State, as well as of the basic conditions for such a request. The authority shall advise the protected person to submit an application before leaving the territory of the issuing State. 6. If the protected person has a guardian or representative, that guardian or representative may introduce the request referred to in paragraphs 2 and 3, on behalf of the protected person. 7. If the request to issue a European protection order is rejected, the competent authority of the issuing State shall inform the protected person of any applicable legal remedies that are available, under its national law, against such a decision. Article 7 Form and content of the European protection order The European protection order shall be issued in accordance with the form set out in Annex I to this Directive. It shall, in particular, contain the following information: (a) the identity and nationality of the protected person, as well as the identity and nationality of the guardian or representative if the protected person is a minor or is legally incapacitated; (b) the date from which the protected person intends to reside or stay in the executing State, and the period or periods of stay, if known; (c) the name, address, telephone and fax numbers and e-mail address of the competent authority of the issuing State; (d) identification (for example, through a number and date) of the legal act containing the protection measure on the basis of which the European protection order is issued; (e) a summary of the facts and circumstances which have led to the adoption of the protection measure in the issuing State; (f) the prohibitions or restrictions imposed, in the protection measure underlying the European protection order, on the person causing danger, their duration and the indication of the penalty, if any, in the event of the breach of any of the prohibitions or restrictions; (g) the use of a technical device, if any, that has been provided to the protected person or to the person causing danger as a means of enforcing the protection measure; (h) the identity and nationality of the person causing danger, as well as that person’s contact details; (i) where such information is known by the competent authority of the issuing State without requiring further inquiry, whether the protected person and/or the person causing danger has been granted free legal aid in the issuing State; (j) a description, where appropriate, of other circumstances that could have an influence on the assessment of the danger that confronts the protected person; (k) an express indication, where applicable, that a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA, has already been transferred to the State of supervision, when this is different from the State of execution of the European protection order, and the identification of the competent authority of that State for the enforcement of such a judgment or decision. Article 8 Transmission procedure 1. Where the competent authority of the issuing State transmits the European protection order to the competent authority of the executing State, it shall do so by any means which leaves a written record so as to allow the competent authority of the executing State to establish its authenticity. All official communication shall also be made directly between those competent authorities. 2. If the competent authority of either the executing State or the issuing State is not known to the competent authority of the other State, the latter authority shall make all the relevant enquiries, including via the contact points of the European Judicial Network referred to in Council Decision 2008/976/JHA of 16 December 2008 on the European Judicial Network (9), the National Member of Eurojust or the National System for the coordination of Eurojust of its State, in order to obtain the necessary information. 3. When an authority of the executing State which receives a European protection order has no competence to recognise it, that authority shall, ex officio, forward the European protection order to the competent authority and shall, without delay, inform the competent authority of the issuing State accordingly by any means which leaves a written record. Article 9 Measures in the executing State 1. Upon receipt of a European protection order transmitted in accordance with Article 8, the competent authority of the executing State shall, without undue delay, recognise that order and take a decision adopting any measure that would be available under its national law in a similar case in order to ensure the protection of the protected person, unless it decides to invoke one of the grounds for non-recognition referred to in Article 10. The executing State may apply, in accordance with its national law, criminal, administrative or civil measures. 2. The measure adopted by the competent authority of the executing State in accordance with paragraph 1, as well as any other measure taken on the basis of a subsequent decision as referred to in Article 11, shall, to the highest degree possible, correspond to the protection measure adopted in the issuing State. 3. The competent authority of the executing State shall inform the person causing danger, the competent authority of the issuing State and the protected person of any measures adopted in accordance with paragraph 1, as well as of the possible legal consequence of a breach of such measure provided for under national law and in accordance with Article 11(2). The address or other contact details of the protected person shall not be disclosed to the person causing danger unless such details are necessary in view of the enforcement of the measure adopted in accordance with paragraph 1. 4. If the competent authority in the executing State considers that the information transmitted with the European protection order in accordance with Article 7 is incomplete, it shall without delay inform the competent authority of the issuing State by any means which leaves a written record, assigning a reasonable period for it to provide the missing information. Article 10 Grounds for non-recognition of a European protection order 1. The competent authority of the executing State may refuse to recognise a European protection order in the following circumstances: (a) the European protection order is not complete or has not been completed within the time limit set by the competent authority of the executing State; (b) the requirements set out in Article 5 have not been met; (c) the protection measure relates to an act that does not constitute a criminal offence under the law of the executing State; (d) the protection derives from the execution of a penalty or measure that, according to the law of the executing State, is covered by an amnesty and relates to an act or conduct which falls within its competence according to that law; (e) there is immunity conferred under the law of the executing State on the person causing danger, which makes it impossible to adopt measures on the basis of a European protection order; (f) criminal prosecution, against the person causing danger, for the act or the conduct in relation to which the protection measure has been adopted is statute-barred under the law of the executing State, when the act or the conduct falls within its competence under its national law; (g) recognition of the European protection order would contravene the ne bis in idem principle; (h) under the law of the executing State, the person causing danger cannot, because of that person’s age, be held criminally responsible for the act or the conduct in relation to which the protection measure has been adopted; (i) the protection measure relates to a criminal offence which, under the law of the executing State, is regarded as having been committed, wholly or for a major or essential part, within its territory. 2. Where the competent authority of the executing State refuses to recognise a European protection order in application of one of the grounds referred to in paragraph 1, it shall: (a) without undue delay, inform the issuing State and the protected person of this refusal and of the grounds relating thereto; (b) where appropriate, inform the protected person about the possibility of requesting the adoption of a protection measure in accordance with its national law; (c) inform the protected person of any applicable legal remedies that are available under its national law against such a decision. Article 11 Governing law and competence in the executing State 1. The executing State shall be competent to adopt and to enforce measures in that State following the recognition of a European protection order. The law of the executing State shall apply to the adoption and enforcement of the decision provided for in Article 9(1), including rules on legal remedies against decisions adopted in the executing State relating to the European protection order. 2. In the event of a breach of one or more of the measures taken by the executing State following the recognition of a European protection order, the competent authority of the executing State shall, in accordance with paragraph 1, be competent to: (a) impose criminal penalties and take any other measure as a consequence of the breach, if that breach amounts to a criminal offence under the law of the executing State; (b) take any non-criminal decisions related to the breach; (c) take any urgent and provisional measure in order to put an end to the breach, pending, where appropriate, a subsequent decision by the issuing State. 3. If there is no available measure at national level in a similar case that could be taken in the executing State, the competent authority of the executing State shall report to the competent authority of the issuing State any breach of the protection measure described in the European protection order of which it is aware. Article 12 Notification in the event of breach The competent authority of the executing State shall notify the competent authority of the issuing State or of the State of supervision of any breach of the measure or measures taken on the basis of the European protection order. Notice shall be given using the standard form set out in Annex II. Article 13 Competence in the issuing State 1. The competent authority of the issuing State shall have exclusive competence to take decisions relating to: (a) the renewal, review, modification, revocation and withdrawal of the protection measure and, consequently, of the European protection order; (b) the imposition of a custodial measure as a consequence of revocation of the protection measure, provided that the protection measure has been applied on the basis of a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or on the basis of a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA; 2. The law of the issuing State shall apply to decisions adopted in accordance with paragraph 1. 3. Where a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA, has already been transferred, or is transferred after the issuing of the European protection order, to another Member State, subsequent decisions, as provided for by those Framework Decisions, shall be taken in accordance with the relevant provisions of those Framework Decisions. 4. When the protection measure is contained in a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA which has been transferred or is transferred after the issuing of the European protection order to another Member State, and the competent authority of the State of supervision has made subsequent decisions affecting the obligations or instructions contained in the protection measure in accordance with Article 14 of that Framework Decision, the competent authority of the issuing State shall renew, review, modify, revoke or withdraw without delay the European protection order accordingly. 5. The competent authority of the issuing State shall inform the competent authority of the executing State without delay of any decision taken in accordance with paragraph 1 or 4. 6. If the competent authority in the issuing State has revoked or withdrawn the European protection order in accordance with point (a) of paragraph 1 or with paragraph 4, the competent authority in the executing State shall discontinue the measures adopted in accordance with Article 9(1) as soon as it has been duly notified by the competent authority of the issuing State. 7. If the competent authority in the issuing State has modified the European protection order in accordance with point (a) of paragraph 1 or with paragraph 4, the competent authority in the executing State shall, as appropriate: (a) modify the measures adopted on the basis of the European protection order, acting in accordance with Article 9; or (b) refuse to enforce the modified prohibition or restriction when it does not fall within the types of prohibitions or restrictions referred to in Article 5, or if the information transmitted with the European protection order in accordance with Article 7 is incomplete or has not been completed within the time limit set by the competent authority of the executing State in accordance with Article 9(4). Article 14 Grounds for discontinuation of measures taken on the basis of a European protection order 1. The competent authority of the executing State may discontinue the measures taken in execution of a European protection order: (a) where there is clear indication that the protected person does not reside or stay in the territory of the executing State, or has definitively left that territory; (b) where, according to its national law, the maximum term of duration of the measures adopted in execution of the European protection order has expired; (c) in the case referred to in Article 13(7)(b); or (d) where a judgment within the meaning of Article 2 of Framework Decision 2008/947/JHA, or a decision on supervision measures within the meaning of Article 4 of Framework Decision 2009/829/JHA, is transferred to the executing State after the recognition of the European protection order. 2. The competent authority of the executing State shall immediately inform the competent authority of the issuing State and, where possible, the protected person of such decision. 3. Before discontinuing measures in accordance with point (b) of paragraph 1 the competent authority of the executing State may invite the competent authority of the issuing State to provide information as to whether the protection provided for by the European protection order is still needed in the circumstances of the case in question. The competent authority of the issuing State shall, without delay, reply to such an invitation. Article 15 Priority in recognition of a European protection order A European protection order shall be recognised with the same priority which would be applicable in a similar national case, taking into consideration any specific circumstances of the case, including the urgency of the matter, the date foreseen for the arrival of the protected person on the territory of the executing State and, where possible, the degree of risk for the protected person. Article 16 Consultations between competent authorities Where appropriate, the competent authorities of the issuing State and of the executing State may consult each other in order to facilitate the smooth and efficient application of this Directive. Article 17 Languages 1. A European protection order shall be translated by the competent authority of the issuing State into the official language or one of the official languages of the executing State. 2. The form referred to in Article 12 shall be translated by the competent authority of the executing State into the official language or one of the official languages of the issuing State. 3. Any Member State may, either when this Directive is adopted or at a later date, state in a declaration that it shall deposit with the Commission that it will accept a translation in one or more other official languages of the Union. Article 18 Costs Costs resulting from the application of this Directive shall be borne by the executing State, in accordance with its national law, except for costs arising exclusively within the territory of the issuing State. Article 19 Relationship with other agreements and arrangements 1. Member States may continue to apply bilateral or multilateral agreements or arrangements which are in force upon the entry into force of this Directive, in so far as they allow the objectives of this Directive to be extended or enlarged and help to simplify or facilitate further the procedures for taking protection measures. 2. Member States may conclude bilateral or multilateral agreements or arrangements after the entry into force of this Directive, in so far as they allow the objectives of this Directive to be extended or enlarged and help to simplify or facilitate the procedures for taking protection measures. 3. By 11 April 2012, Member States shall notify the Commission of the existing agreements and arrangements referred to in paragraph 1 which they wish to continue applying. Member States shall also notify the Commission of any new agreements or arrangements referred to in paragraph 2 within three months of the signing thereof. Article 20 Relationship with other instruments 1. This Directive shall not affect the application of Regulation (EC) No 44/2001, Regulation (EC) No 2201/2003, the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, or the 1980 Hague Convention on the Civil Aspects of International Child Abduction. 2. This Directive shall not affect the application of Framework Decision 2008/947/JHA or Framework Decision 2009/829/JHA. Article 21 Implementation 1. Member States shall bring into force the laws, regulations and administrative provisions to comply with this Directive by 11 January 2015. They shall forthwith inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 22 Data collection Member States shall, in order to facilitate the evaluation of the application of this Directive, communicate to the Commission relevant data related to the application of national procedures on the European protection order, at least on the number of European protection orders requested, issued and/or recognised. Article 23 Review By 11 January 2016, the Commission shall submit a report to the European Parliament and to the Council on the application of this Directive. That report shall be accompanied, if necessary, by legislative proposals. Article 24 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 25 Addressees This Directive is addressed to the Member States in accordance with the Treaties. Done at Strasbourg, 13 December 2011. For the European Parliament The President J. BUZEK For the Council The President M. SZPUNAR (1) Position of the European Parliament of 14 December 2010 (not yet published in the Official Journal) and position of the Council at first reading of 24 November 2011 (not yet published in the Official Journal). Position of the European Parliament of 13 December 2011 (not yet published in the Official Journal). (2) OJ C 115, 4.5.2010, p. 1. (3) OJ L 337, 16.12.2008, p. 102. (4) OJ L 294, 11.11.2009, p. 20. (5) OJ L 12, 16.1.2001, p. 1. (6) OJ L 338, 23.12.2003, p. 1. (7) OJ L 48, 21.2.2003, p. 3. (8) OJ L 350, 30.12.2008, p. 60. (9) OJ L 348, 24.12.2008, p. 130. ANNEX I EUROPEAN PROTECTION ORDER referred to in Article 7 of DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 13 DECEMBER 2011 ON THE EUROPEAN PROTECTION ORDER The information contained in this form is to be treated with appropriate confidentiality ANNEX II FORM referred to in Article 12 of DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 13 DECEMBER 2011 ON THE EUROPEAN PROTECTION ORDER NOTIFICATION OF A BREACH OF THE MEASURE TAKEN ON THE BASIS OF THE EUROPEAN PROTECTION ORDER The information contained in this form is to be treated with appropriate confidentiality

Summary: European protection order — supporting crime victims EU-wide European protection order — supporting crime victims EU-wide SUMMARY OF: Directive 2011/99/EU — European protection order SUMMARY WHAT DOES THE DIRECTIVE DO? It allows victims of violence, notably domestic violence and stalking, to continue to enjoy protection from offenders when they move to another EU country. It sets out rules allowing a judge or equivalent authority in one EU country to issue a European protection order when the protected person moves to another EU country. It works in tandem with Regulation (EU) No 606/2013 which introduces a simple process of certification so that an order issued in one EU country can be quickly and easily recognised in another. KEY POINTS To issue a European protection order, there must be an existing national protection measure in place in that EU country that imposes one or more of the following bans or restrictions on the person causing the protected person danger: a ban on entering certain places or defined areas where the protected person lives or visits, a ban or a limit on contact, in any form, with the protected person, including by phone, electronic or ordinary mail, fax or any other means; or a ban or restriction on approaching the protected person closer than a set distance. Issuing an order There are several conditions including that: the protected person decides to live or stay, or already lives or stays, in another EU country, the protected person themselves requests the order, the person causing danger has the right to be heard and to challenge the protection measure, if they did not have the right to do so before the adoption of the original protection measure. The order can be requested in either the EU country where the protected person currently lives or stays (executing country) or the one in which the order will be issued (issuing country). Non-recognition of an order The executing country can refuse to recognise an order for a number of reasons including: the order is not complete or has not been completed within the time-frame set out by the executing country, the protection measure relates to an act which is not a criminal offence in the executing country, the protection measure does not impose one or more of the bans or restrictions set out above If the executing country refuses to recognise the order they must: inform promptly the protected person and the issuing country that the order has not been recognised and told the reasons why, inform the protected person about the possibility of requesting a protection measure under its national law, inform the protected person of any grounds of appeal against the decision under its national law. Enforcing an order The executing country is responsible for taking and enforcing measures to carry out the order. If the order is breached it can: impose criminal penalties and any other measure if the breach is a criminal offence in that country, take any non-criminal decisions related to the breach, take any urgent and temporary measure to end the breach prior to any subsequent decision by the issuing country. FROM WHEN DOES THE DIRECTIVE APPLY? It entered into force on 10 January 2012. EU countries had to incorporate it into their national law by 11 January 2015. BACKGROUND See ‘Victims’ on the European Commission's Justice website. ACT Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order (OJ L 338, 21.12.2011, pp. 2–18) RELATED ACTS Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters (OJ L 181, 29.6.2013, pp. 4–12) last update 25.01.2016