PROCEDURE FOR DETERMINING THE " H " POINT AND THE ACTUAL SEATBACK ANGLE AND FOR VERIFYING THE RELATIVE POSITIONS OF THE R AND H POINTS AND THE RELATIONSHIP BETWEEN THE DESIGN SEATBACK ANGLE AND THE ACTUAL SEATBACK ANGLE

After receiving and recording the proposals and verifying their eligibility, the Commission shall evaluate them with the assistance of the relevant Advisory Group referred to in point 2.2(g), and, if necessary, independent experts;

TO ANNEX IV PROCEDURE FOR DETERMINING THE H POINT AND THE ACTUAL SEAT-BACK ANGLE AND FOR VERIFYING THE RELATIVE POSITIONS OF THE R AND H POINTS AND THE RELATIONSHIP BETWEEN THE DESIGN SEAT-BACK ANGLE AND THE ACTUAL SEAT-BACK ANGLE

BRAKING SYSTEMS INCORPORATING THE DEVICES REFERRED TO IN ITEM 7.2 SHALL BE FITTED WITH PRESSURE TEST CONNECTIONS WHICH CONFORM WITH ISO STANDARD 3583/1975 IN THE PRESSURE LINE UPSTREAM AND DOWNSTREAM OF THE DEVICE.

2.1.3.6.To check compliance with the requirements of Annex I, item 2.2.1.2.4, a Type O test must be carried out with the engine disconnected at the initial speed specified in item 2.1.2.4 for the relevant vehicle category.

9.2.When the conformity of a tractor taken from the series is being verified, production shall be deemed to conform to the requirements of this Directive if the levels measured do not exceed by more than 25 % the limits prescribed in 6.2.2.

The requirements of point 5.3.2 below shall apply to control handles, levers and knobs and to any other protruding objects not referred to in points 5.1 and 5.2 above (see also under 5.3.2.2).

This is the initial flow rate setting, which may need further optimisation depending on the results of the hydrocarbon response factor and the oxygen interference check according to sections 1.9.2 and 1.9.3.

The checking system referred to in point 4 must provide for CFIA inspectors to undertake monitoring at the facilities referred to in point 1 and occasional pre-shipment inspections to monitor, in particular, compliance with points 3 and 6.

Where the front position (side) lamp and another lamp are mutually incorporated, the illuminating surface of the other lamp must be used to verify compliance with the positioning requirements (items 4.9.4.1 to 4.9.4.3).'

During the tests to verify conformity of production the power shall be measured at two engine speeds S1 and S2 corresponding respectively to the measurement points of maximum power and maximum torque accepted for type approval.

The importing Member States shall provide the Commission and the other Member States, before 30 August 1998, with information on the amounts imported pursuant to this Decision and with a detailed technical report on the official examination referred to in point 3 of the Annex.

Notwithstanding the requirements of item 2.1.1 of Annex III, the technical department responsible for checking conformity of production may, with the consent of the manufacturer, carry out tests of Types I, II and III on vehicles which have been driven less than 3 000 km."

In order to provide for minor variations in the level of the reference plane or test area, it will be necessary to measure the deviations from ground zero along both the X and Y scales at intervals of 250 mm and to record the readings obtained so that corrections can be made when checking the vehicle.

Whereas, if the checking system is to function smoothly there must be an approval procedure and border inspection posts must be inspected and there should by exchanges of officials empowered to carry out checks on live animals coming from third countries;

The checking of the relationship between the two points shall be considered satisfactory for the seating position in question, provided that the H point coordinates lie within a longitudinal rectangle whose horizontal and vertical sides are 30 mm and 20 mm respectively, and whose diagonals intersect at the R point.

Where, on the basis of the checks carried out at the point where the animals are marketed, a competent authority of a Member State considers that this Directive is not being complied with at a border inspection post of another Member State, it shall contact the competent national authority of that Member State without delay.

If the application for EEC type-approval for a type of tractor is introduced at the same time as the request for EEC component type-approval for a type of protection structure intended to be mounted on the type of tractor for which EEC type-approval is requested, the checks laid down in 2 and 3 will not be made.

The points to be taken into account when checking the safety components will be defined by joint agreement between all the notified bodies responsible for this procedure, taking into consideration the essential characteristics of the safety components referred to in Annex IV.

The procedure described in this Annex is used to establish the "H'' point location and the actual torso angle for one or several seating positions in a motor vehicle and to verify the relationship of measured data to design specifications given by the vehicle manufacturer (1)

If the application for EEC type-approval for a type of tractor is introduced at the same time as the request for EEC component type-approval for a type of roll-over protection structure intended to be mounted on the type of tractor for which EEC type-approval is requested, the checks laid down in 2 and 3 will not be made.

In verifying whether any strategy or measure should be considered a defeat device or an irrational emission control strategy according to the definitions given in sections 2.28 and 2.30, an additional margin of 10 %, related to the appropriate NOx limit value, shall be accepted.

to verify compliance with the forward-vision requirement on the opposite half of the windscreen, three additional datum points, symmetrical to the points defined in 5.1.1.1 to 5.1.1.3 in relation to the median longitudinal plane of the vehicle, are obtained.

In the case referred to in point 6.3 or when verification cannot be carried out because the vehicle manufacturer has failed to provide data on the position of the R point, the average result of the three determinations of the H point may be used and considered applicable in all cases where the R point is mentioned in this Directive.

1.1.3.In verifying compliance with the requirements of items 1.2.1, 1.2.2 and 2.1 below, the brakes shall be adjusted as closely as possible and, for item 1.2.1, the rate of full-stroke actuations must be such as to provide an interval of at least one minute between each actuation.

In particular, when checks are carried out in accordance with Appendix 1 to Annex V in order to check the conformity of production, if the noise level of the tyre tested does not exceed the limit values set out in section 4.2. of Annex V by more than 1 dB(A), the production shall be deemed to conform to the requirements of section 4 of the abovementioned Annex V.

The competent authorities of the Member States shall take all necessary steps to ensure the checks needed in order to verify in particular the identity and volume of the product used to increase the alcoholic strength and compliance with Annex V, points C and D, to Regulation (EC) No 1493/1999.

Where, following a detailed examination of the costs of the checks referred to in point 1 (a) for a given product in its territory, a Member State considers that the actual costs cannot be covered by collecting fees in accordance with point 1 (b), it shall be authorized to lay down arrangements for levying fees by the hour worked for that product.

It is also desirable, in order effectively to apply the Dublin Convention, and in particular points (c) and (e) of Article 10(1) thereof, to allow each Member State to check whether an alien found illegally present on its territory has applied for asylum in another Member State.

If the applicant for type-approval is able to demonstrate to the type-approval authority or technical service that the replacement catalytic converter is of a type indicated in section 1.10 of the Appendix to Annex X to this Directive, the granting of a type-approval certificate shall not be dependent on verification of compliance with the requirements specified in section 6.".

Where, following a detailed examination of the costs of the checks referred to in point 2 (a) for a given product in its territory, a Member State considers that the actual costs cannot be covered by collecting fees in accordance with point 2 (b) in a given establishment, it shall be authorized to lay down arrangements for levying fees by the hour worked for establishments handling that product.

Contact points will be agreed between the Parties to permit competent authorities and manufacturers to inform the authorities of the other Party with the appropriate speed in case of quality defect, batch recalls, counterfeiting and other problems concerning quality, which could necessitate additional controls or suspension of the distribution of the batch.

After verification of the general specifications (section 6 of Annex 0) and the specifications of shape and dimensions (Annex VI), the 10 samples shall be examined as to their colorimetric characteristics (Annex VII) and CIL (Annex VIII) for an angle of divergence of 20' and an illumination angle V = H = 0o or if necessary, in the position defined in VIII.4 and VIII.4.1.

-the critical dimensions and the position of the seat and steering wheel relative to the protection structure, and the position relative to the protection structure of the points deemed rigid and taken into consideration for the purpose of verifying that the zone of clearance is protected, are such that the zone of clearance continues to be protected by the structure after the latter has undergone the deformation resulting from the various tests.

At the initiative of the Commission or on a request from any Member State, the question of whether a national technical measure implemented by a Member State complies with the provisions of paragraph 1 may be referred to the Management Committee for examination in accordance with Article 17 of Regulation (EEC) No 3760/92, and a decision may be taken in accordance with the procedure laid down in Article 18 of that Regulation.

A quality control plan must be drawn up in writing and implemented, to include, in particular, checks on the critical points in the manufacturing process, sampling procedures and frequencies, methods of analysis and their frequency, compliance with the specifications - and destination in the event of non-compliance - for carrier substances, additives and premixtures ('products').

A quality control plan must be drawn up in writing and implemented, to include, in particular, checks on the critical points in the manufacturing process, sampling procedures and frequencies, methods of analysis and their frequency, compliance with the specifications - and destination in the event of non-compliance - for raw materials, premixtures and compound feedingstuffs 'products'.

A quality control plan must be drawn up in writing and implemented, to include, in particular, checks on the critical points in the manufacturing process, sampling procedures and frequencies, methods of analysis and their frequency, compliance with the specifications - and the destination in the event of non-compliance - of raw materials, active substances, carrier substances and 'products'.

If the situation described in 6.4 arises, or if verification is not possible because the vehicle manufacturer has failed to supply information regarding the position of the R point or regarding the design seat-back angle, the average of the results of the three tests may be used and be regarded as applicable in all cases where the R point or the design seat-back angle is referred to in this Directive.

Consignments intended for import into one of the territories listed in Annex I which arrive at one border inspection post but are intended for import via another border inspection post situated in the same territory, or situated in the territory of another Member State, shall be subject to an identity check and a physical check at the border inspection post of destination, provided that the transport takes place by sea or air.

For verifying the relative positions of the R point and the H point and the relationship between the design seat-back angle and the actual seat-back angle in a series-produced vehicle, the rectangle referred to in point 6.2 shall be replaced by a square of 50 mm side and the actual seat-back angle shall not differ by more than 5o from the design seat-back angle.

A quality control plan shall be drawn up in writing and implemented, to include, in particular, checks on the critical points in the manufacturing process, sampling procedures and frequencies, methods of analysis and their frequency, compliance with the specifications - and destination in the event of non-compliance - for raw materials, including those with high levels of undesirable substances and products, and compound feedingstuffs.

The specification for the system should be such that it can be implemented even where performance does not need to be determined for a certain characteristic, because at least one Member State has no legal requirement at all for such a characteristic (see Article 2.1 of Directive 89/106/EEC, and, where applicable, point 1.2.3. of the Interpretative Documents).

Each consignment of products referred to in the first and third indents of paragraph 1 and destined for another Member State shall undergo the documentary, identity and physical checks laid down in Article 4(3) and (4) at the border inspection post situated in the territory of the Member State where the products are introduced, to verify in particular whether the products concerned comply with the Community rules applicable to the Member State or area of destination.

To verify whether any strategy or measure should be considered a defeat device or an irrational emission control strategy according to the definitions given in sections 2.28 and 2.30, the type-approval authority and/or the technical service may additionally request a NOx screening test using the ETC which may be carried out in combination with either the type-approval test or the procedures for checking the conformity of production

If the situation described in point 6.4 arises, or if verification is not possible because the vehicle manufacturer has failed to supply information regarding the position of the R point or regarding the design seat-back angle, the average of the results of the three tests may be used and be regarded as applicable in all cases where the R point or the design seat-back angle is referred to in this Directive.

Whereas Regulations (EEC) No 3690/86 (4) and (EEC) No 4283/88 (5) simplified formalities in respect of goods crossing an internal frontier of the Community under cover of a TIR or ATA carnet, a Community movement carnet or NATO form 302 by providing for the introduction of common border posts, thus ensuring that the same checks are not repeated on both sides of the frontier and that the sole administrative operation takes place at the office of entry in the Member State into which the goods are brought;

To verify specific dimensions on or within a vehicle submitted for type-approval in accordance with this Directive, the relationship between the coordinates of the three-dimensional reference grid, defined in 2.3 of Annex I, which has been laid out at the initial vehicle-design stage, and the positions of the primary reference marks defined in 2.4 of Annex I, must be established accurately so that specific points on the vehicle manufacturer's drawings can be identified on an actual vehicle produced from those drawings.

Where the subsystem meets the requirements of the Directive 96/48/EC and of the TSI, the notified body must then, based on the tests, verifications and checking carried out on all serial products as indicated in point 7 and required in the TSI and in the European specifications referred to in Article 10, draw up the certificate of EC verification intended for the adjudicating entity or its authorised representative established within the Community, which in turn draws up the EC declaration of verification intended for the supervisory authority in the Member State where the subsystem is located and/or operates.

If the results of at least two of the three operations described in item 3.2.4 above do not satisfy the requirements of item 3.2.2 above, or if the verification cannot take place because the vehicle manufacturer has failed to supply information regarding the position of the "R'' point or regarding the design torso angle, the centroid of the three measured points or the average of the three measured angles shall be used and be regarded as applicable in all cases where the "R'' point or the design torso angle is referred to in this Directive.