Proposal for a Directive of the European Parliament and of the Council amending Directive 2000/14/EC on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors
Date: 2005-08-11
Institutions: European Commission
Subjects: European standard, approximation of laws, machinery, noise level, noise protection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.08.2005 
COM(2005) 370 final 

2005/0149(COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2000/14/EC on the approximation of the laws of the Member States 
relating to the noise emission in the environment by equipment for use outdoors 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This  proposal  provides  for  an  amendment  to  European  Parliament  and  Council 
Directive  2000/14/EC  of  8  May  2000  on  the  approximation  of  the  laws  of  the 
Member  States  relating  to  the  noise  emission  in  the  environment  by  equipment  for 
use outdoors ("Noise Directive").1 

The Noise Directive became applicable on a voluntary basis on 3 July 2001. Since 3 
January  2002  the  fifty-seven  types  of  equipment  within  scope  must  satisfy  the 
requirements  of  the  Noise  Directive  before  being  placed  on  the  market  or  put  into 
service within the European Community. 

The  objective  of  the  Noise  Directive  is  to  guarantee  the  free  movement  of  the 
equipment within scope whilst reducing permissible noise levels for such equipment 
in order to protect the health and well-being of citizens as well as the environment. In 
parallel,  it  also  has  the  objective  of  providing  information  to  citizens  on  noise 
emissions  of  such  equipment  thereby  improving  customer  choice.  It  sets  maximum 
permissible sound power levels and mandatory noise emission labelling for twenty-
two  types  of  equipment  and  mandatory  noise  emission  labelling  for  the  remaining 
thirty-five types of equipment. 

For those types of equipment where permissible sound power levels apply there are 
two stages of application. The first came into force on 3 January 2002 (“stage I”); the 
second  series  of  reduced  limits  is  due  to  come  into  operation  on  3  January  2006 
(“stage II”). This proposal pursues the following objectives: 

–  To allow certain types of equipment (for which clear evidence has been provided 
that the stage II limits are not presently technically feasible) to be placed on the 
market and/or put into service in the European Community from 3 January 2006; 

–  To provide the Commission with sufficient time to fulfil its obligations at Articles 

16 and 20 of the Noise Directive; 

–  To  allow  for  the  incorporation  of  the  Report  foreseen  at  Article  20(3)  into  the 

Report foreseen at Article 20(1) of the Noise Directive. 

The stage II provisions were designed to provide the EU industry with challenging 
environmental noise limits that were considered, at the time they were set by the co-
legislators,  as  achievable  in  view  of  the  available  technical  knowledge,  of  the 
expected progress in the area of noise reduction and of the lead time provided for in 
the Directive. With respect to the majority of the machines to which such limits are 
to be applied this has been the case. 

1 

OJ L 162, 3.7.2000, p. 1. 

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•  General context 

Technical issues emerging from the application of the Noise Directive to some types 
of equipment 

During  the  sixth  meeting  of  the  Noise  Steering  Group  on  16  May  2003,  the 
Commission gave to the Working Group on Outdoor Equipment, often referred to as 
"WG7",  the  task  to  advise  on  the  technical  aspects  of  the  comments  and  requests 
presented by industry and Member States in respect of the application of the Noise 
Directive. 

The  members  of  WG7  are  expert  representatives  of  six  Member  States,  four 
stakeholder  European  associations  and  a  representative  from  CEN  (European 
Committee  for  Standardisation).  The  Commission  Services  (DG  Environment  and 
DG Enterprise and Industry) attend the meetings as observers. 

As a first step towards providing a Report to cover the provisions foreseen at Article 
20(1) of the Noise Directive, the position paper issued by the WG7 on 8 July 2004 
covered the technical feasibility of the stage II limits amongst other aspects that may, 
in the future, be the subject of further review. 

The members agreed that, for a number of types of equipment, the measured sound 
power levels to be applied under stage II would be technically impossible to achieve. 

In particular, substantive concerns were raised with respect to: 

–  Dozers (steel tracked); 

–  Loaders (steel tracked > 55 kW); 

–  Compacting screed paver finishers; 

–  Vibratory plates; 

–  Vibratory rammers; 

–  Walk behind vibratory rollers; 

–  Industrial lift trucks >10 t. 

In  addition,  other  concerns  were  expressed  relating  to  classification  and  potential 
amendment to test codes for hand-held internal combustion engine concrete breakers 
and picks and rough terrain lift trucks.  

The Commission’s obligations under Articles 16 and 20 of the Noise Directive 

Pursuant to Article 16 of the Noise Directive, the manufacturer of equipment, or his 
authorised  representative  in  the  Community,  is  required  to  send  copies  of  the  EC 
declarations of conformity containing information on sound power levels to both the 
Commission  and  the  Member  State  where  he  resides  or  where  he  places  such 
equipment on the market or puts it into service. On the basis of this information the 

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Commission  is  required  to  publish  the  information  received,  preferably  annually, 
according to the format specified in Article 16(4). 

Article  20  of  the  Noise  Directive  requires  the  Commission  to  submit  two  separate 
Reports to the European Parliament and the Council, as follows: 

–  a  Report  concerning  the  Commission’s  experience  in  the  implementation  and 
administration  of  the  Directive  (paragraph  1).  This  report  was  due  by  3  January 
2005  and  was  to  include  a  review,  on  the  basis  of  the  information  collected  in 
accordance with Article 16 and other relevant data, of the stage II limits as well as 
of the list of equipment subject to the requirements of Articles 12 and 13 of the 
Directive; 

–  a  Report  concerning  whether  and  to  what  extent  technical  progress  allows  a 
reduction of limit values to the indicative sound power levels shown for stage II 
for  lawnmowers,  lawn  trimmers/  lawn  edge  trimmers.  This  report  was  due  by  3 
July 2002. 

Both  reports  may  include  a  recommendation  as  to  whether  the  stage  II  limits  are 
achievable  and,  if  appropriate,  a  proposal  to  amend  the  Directive  in  this  and  other 
respects.  

The  experience  of  the  first  five  years  of  application  of  the  Noise  Directive  has 
demonstrated  that  the  obligations  foreseen  at  Article  16  and  Article  20  require 
additional  time  to  fulfil.  In  light  of  the  above,  it  is  therefore  proposed  that  both 
Reports be prepared as a single document by 3 January 2007 and that Article 20 be 
amended accordingly. 

•  Existing provisions in the area of the proposal 

European  Parliament  and  Council  Directive  2000/14/EC  of  8  May  2000  on  the 
approximation of the laws of the Member States relating to the noise emission in the 
environment by equipment for use outdoors. 

•  Consistency with other policies and objectives of the Union 

The  Noise  Directive  was  developed  following  the  Fifth  Environmental  Action 
Programme  attached  to  the  Council  Resolution  of  1  February  19932  and  the  Green 
Paper  on  Future  Noise  Policy  (COM(96)  540  final),  which  identified  noise  in  the 
environment as one of the main local environmental problems in Europe. The Noise 
Directive is based on the principles and concepts on the new approach to technical 
harmonisation  and  standards  as  set  out  in  Council  Resolution  of  7  May  19853  and 
Council Decision 93/465/EEC of 22 July 1993.4 

This  proposal  is  consistent  with  the  current  Community  environmental  policy  and 
objectives  as  detailed  in  the  Sixth  Environmental  Action  Programme  (COM(2001) 
31  final),  which  lists  reduction  of  noise  pollution  as  a  priority  objective  to  be 

2 
3 
4 

OJ C 138, 17.5.1993, p. 1. 
OJ C 136, 4.6.1985, p. 1. 
OJ L 220, 30.8.1993, p. 23. 

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inter  alia,  by  enforcing  product-specific  noise 

attained, 
limits.  The  Sixth 
Environmental  Action  Programme  defines  a  policy  making  method  based  on 
participation and sound knowledge, according to which: 

“Broad involvement of stakeholders will be central to the successful implementation 
of  the  Sixth  Programme,  and  in  every  stage  of  the  policy  process  from  agreeing 
targets to putting measures into practice. Sound scientific knowledge and economic 
assessments, reliable and up to-date data and information and the use of indicators 
will  underpin  the  drawing-up,  implementation  and  evaluation  of  environmental 
policy” 

The  delay  of  the  stage  II  limits  laid  down  in  the  Noise  Directive  where  these  have 
been found to be technically impossible by all stakeholders with a view to a further 
review, impact assessment and potential amendment is fully aligned with this method 
of policy making. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Consultation  of  the  Noise  Committee  in  accordance  with  Article  19(c)  of  the 
Directive and of the Noise Experts Working Group at the meetings held on 21 March 
2005. A five-week open consultation period expiring on 22 April 2005 allowed for 
all Member States and interested parties to submit additional comments in writing. In 
addition,  the  Noise  Steering  Group  was  also  advised  and  given  the  opportunity  to 
provide input. 

Member States and stakeholders were consulted on the draft amendment text in May 
2005 and given two weeks for submitting written observations. 

Summary of responses and how they have been taken into account 

Of the eighteen Member States who provided a response, all support the need for a 
legal solution to the issue of those stage II limits which are technically impossible to 
meet. This has either been by means of directly accepting the recommendation of the 
Commission  services  on  a  proposal  to  amend  or  agreement  to  the  WG7  position 
paper  findings  and  recommendations.  Where  an  opinion  has  been  provided,  it  has 
also  accepted  that  the  delay  should  be  a  temporary  measure  until  a  suitable 
amendment (if necessary) is carried out following the Report foreseen in Article 20. 

The  responses  from  the  national  authorities  have  also  provided  further  evidence  to 
allow for additional refining of the list for which delay is proposed. 

A number of industry organisations have also expressed a view. It is considered that 
this  view  is  a  representative  one  from  the  whole  of  industry  given  that  those 
responding  account  for  more  than  70%  of  EU  industry  in  the  sectors  identified. 
These  responses  have  almost  without  exception  been  in  line  with  the  view  of  the 
Member  States.  They  have  also  given  a  very  clear  estimation  of  the  size  of  the 
affected sector and the potential repercussions should a solution not be found.  

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It  was  pointed  out  by  a  number  of  Member  States  as  well  as  industry  that  the 
concerns  relating  to  hand-held  internal  combustion  engine  concrete  breakers  and 
picks  and  rough  terrain  lift  trucks  also  required  delay  to  the  application  of  the 
relevant  stage  II  limits  for  technical  reasons  only.  While  the  WG7  Report  did  not 
explicitly  recommend  this  course  of  action,  the  technical  impossibility  of  meeting 
stage II limits for these types of equipment has since been verified with the members 
of the WG7.  

In respect of hand-held internal combustion engine concrete breakers and picks the 
WG7 recommended to include such breakers and picks into the category “not smaller 
than  30  kg”  as  this  amendment  would  bring  the  Noise  Directive  in  line  with 
Directive 84/537/EEC that it superseded and replaced. This is considered impossible 
as  such  breakers  and  picks  are  intended  to  be  “hand-held”,  so  less  than  30  kg.  An 
amendment to the categorisation of equipment would therefore be required. Prior to 
any assessment and potential proposal following the Report at Article 20 this is not 
an option. It has therefore been confirmed during the public consultation that if this is 
not an option such concrete breakers and picks cannot for technical reasons meet the 
stage II limit foreseen and as such this type of equipment shall be added to the list for 
which  a  delay  is  proposed.  This  categorisation  has  been  further  refined  following 
discussion with stakeholders to the effect that only such equipment of mass between 
15 kg and 30 kg are to be included. 

As  regards  rough  terrain  lift  trucks  the  WG7  Report  also  foresees  that  technical 
difficulties  in  meeting  stage  II  limits  could  be  addressed  by  amending  the  relevant 
test code as set out in Annex III to the Noise Directive. However, this is impossible 
given that Article 19(b) of the Noise Directive requires that adaptation to technical 
progress of the test codes laid down in Annex III should not have any direct impact 
on the measured sound power levels of equipment listed in Article 12. Stakeholders 
therefore support the need for the reference to “industrial lift trucks > 10 t” in the list 
of  equipment  for  which  a  delay  in  the  application  of  the  stage  II  is  proposed  to  be 
expanded  to  “combustion-engine  driven  counterbalanced  lift  trucks”  in  order  to 
include  rough  terrain  lift  trucks,  thus  in  effect  all  lift  trucks  currently  falling  under 
Article 12. 

During  the  open  consultation  it  was  also  identified  by  both  Member  States  and 
industry  that  vibratory  plates  <3kW  can  meet  the  stage  II  limits.  The  list  of 
equipment under consideration has been amended accordingly. 

Finally, it should be clarified that, with respect to  paver finishers under Article  12, 
the delay in application of the stage II limits only applies to compacting screed paver 
finishers and not also to pre-compacting screed paver finishers. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

Noise emission  

Main organisations/experts consulted 

WG7 

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Noise Committee  

Experts Working Group established under the Noise Committee  

Noise Steering Group 

Means used to make the expert advice publicly available 

Publication on Europa's website 

•  Impact assessment 

Given the nature of the amendment i.e. the delay in application of Community law 
provisions  which  have  proven  impossible  to  apply,  an  impact  assessment  is  not 
necessary. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

It is proposed that footnote (2) to the table at Article 12 be amended to include the 
following types of equipment in addition to those already listed (lawnmowers, lawn 
trimmers/lawn edge trimmers): 

–  Walk behind vibratory rollers; 

–  Vibratory plates (>3kW); 

–  Vibratory rammers; 

–  Dozers (steel tracked); 

–  Loaders (steel tracked > 55 kW); 

–  Combustion-engine driven counterbalanced lift trucks; 

–  Compacting screed paver finishers; 

–  Hand-held internal combustion engine concrete breakers and picks (15<m<30). 

The proposed amendment will make the stage II permissible sound power levels for 
the above equipment indicative only.  Definitive figures  will depend  on amendment 
of the Noise Directive following the report foreseen in Article 20.  

It  is  also  proposed  that  Article  20  be  amended  to  provide  the  Commission  with 
sufficient  time  to  fulfil  its  obligations  at  Articles  16  and  20  and  to  allow  for  the 
incorporation  of  the  Report  foreseen  at  Article  20(3)  into  the  Report  foreseen  at 
Article 20(1). 

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•  Legal basis 

In  line  with  Directive  2000/14/EC,  this  proposal  is  based  on  Article  95  of  the  EC 
Treaty. 

•  Subsidiarity principle 

The objectives of the proposed action, namely, to ensure the ongoing functioning of 
the internal market by requiring equipment used outdoors to comply with harmonised 
environmental  noise  provisions  cannot  be  sufficiently  achieved  by  Member  States 
acting alone and can therefore, by reason of their scale and effects, be better achieved 
at Community level. 

This proposal therefore complies with the subsidiarity principle as set out in Article 5 
of the Treaty. 

•  Proportionality principle 

The  proposed  amendment  does  not  go  beyond  what  is  necessary  to  achieve  the 
objectives set out above. 

Member State experts and stakeholders concur that the stage II limits for the list of 
equipment covered by the proposed amendment are not technically feasible. Severe 
disruption to  the internal  market  for  such equipment  in  the Community would thus 
result if the entry into force of the relevant stage II limits were not delayed.  

Even  though  strong  economic  arguments  have  been  made  by  industry  for  the 
inclusion of other types of equipment in the list proposed for an increased transition 
period, these have not been included. The proposal therefore describes the absolute 
essential  amendments  considered  necessary  to  ensure  an  appropriate  balance  of 
burdens on industry alongside ensuring that the environmental objectives, wherever 
possible, have been met. 

This  proposal  therefore  complies  with  the  proportionality  principle  as  set  out  in 
Article 5 of the Treaty. 

•  Choice of instruments 

Proposed instruments: directive. 

Other  means  would  not  be  adequate  for  the  following  reason:  amendment  to  an 
existing Directive. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

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5. 

ADDITIONAL INFORMATION 

•  European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the 
European Economic Area. 

•  Future steps 

The proposal is to be considered in the light of ongoing work to provide the report 
foreseen at Article 20(1) of Directive 2000/14/EC which is to include a full review of 
the  provisions  of  the  Directive  including  the  limits  under  scrutiny.  If  further 
amendment is considered appropriate a full and extended impact assessment shall be 
undertaken to ensure the necessary balance between setting challenging noise limits 
in  the  future  alongside  providing  the  time  required  for  the  necessary  technical 
progress. 

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2005/0149(COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2000/14/EC on the approximation of the laws of the Member States 
relating to the noise emission in the environment by equipment for use outdoors 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
95 thereof, 

Having regard to the proposal from the Commission5, 

Having regard to the opinion of the European Economic and Social Committee6, 

Having regard to the opinion of the Committee of the Regions7, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty, 

Whereas: 

(1) 

(2) 

(3) 

Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 
on the approximation of the laws of the Member States relating to the noise emission 
in the environment by equipment for use outdoors8 has been the subject of a review by 
a group of experts set up by the Commission services, the Working Group on Outdoor 
Equipment. 

In its report dated 8 July 2004, the Working Group on Outdoor Equipment concluded 
that a number of the stage II limits due to be mandatorily applied as from 3 January 
2006  were  not  technically  feasible.  However,  the  intention  was  never  to  restrict  the 
placing on the market or putting into service of equipment solely based on technical 
feasibility. 

It is therefore necessary to provide that certain types of equipment listed in Article 12 
of  Directive  2000/14/EC,  which  would  not  be  able  to  meet  the  stage  II  limits  by  3 
January 2006 solely for technical reasons, can still be placed on the market and/or put 
into service by that date.  

5 
6 
7 
8 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 162, 3.7.2000, p.1 

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(4) 

(5) 

(6) 

The  experience  of  the  first  five  years  of  application  of  Directive  2000/14/EC  has 
demonstrated that more time is needed to fulfil the provisions under Articles 16 and 20 
thereof  and  also  the  need  to  review  the  Directive  with  a  view  to  its  possible 
amendment,  in  particular  with  respect  to  the  stage  II  limits  referred  to  therein.  It  is 
therefore necessary to extend the deadline for submission of the report to the European 
Parliament and to the Council on the Commission’s experience in implementing and 
administering Directive 2000/14/EC as referred to in Article 20(1) of that Directive by 
two years.  

Article  20(3)  of  Directive  2000/14/EC  provides  for  the  submission,  by  the 
Commission,  of  a  report  to  the  European  Parliament  and  to  the  Council  on  whether, 
and  to  what  extent,  technical  progress  allows  a  reduction  of  limit  values  for 
lawnmowers  and  lawn  trimmers/lawn-edge  trimmers.  In  view  of  the  fact  that  the 
obligations contained at Article 20(1) are more prescriptive than those at Article 20(3) 
and  in  order  to  avoid  duplication  of  effort  it  is  appropriate  to  include  these  types  of 
equipment  in  the  general  report  provided  for  in  Article  20(1)  of  the  Directive. 
Consequently the separate reporting obligation in Article 20(3) of the Directive should 
be deleted.  

Since the objectives of those amendments, namely, to ensure the ongoing functioning 
of  the  internal  market  by  requiring  equipment  used  outdoors  to  comply  with 
harmonised  environmental  noise  provisions,  cannot  be  sufficiently  achieved  by 
Member States acting alone and can therefore, by reason of their scale and effects, be 
better  achieved  at  Community  level,  the  Community  may  adopt  measures,  in 
accordance  with  the principle of subsidiarity as set out in Article 5 of  the Treaty. In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  these 
amendments do not go beyond what is necessary in order to achieve those objectives 
by  limiting  their  scope  to  those  types  of  equipment  for  which  compliance  with  the 
stage II limits is presently impossible for technical reasons.  

(7) 

Directive 2000/14/EC should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE: 

Directive 2000/14/EC is amended as follows: 

Article 1 

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(1) 

The table in Article 12 is replaced by the following 

Permissible sound power level 

in dB/1 pW  

Type of equipment 

Net installed power P (in 
kW) 

Electric power  

Pel (1) in kW 

Mass of appliance  

m in kg 

Cutting width  

L in cm 

Stage I 

Stage II 

as from 3 January 2002  

as from 3 January 2006 

Compaction  machines 
(vibrating 

rollers,  vibratory  plates, 
vibratory 

P ≤ 8 

8 < P ≤ 70 

108 

109 

105(2) 

106(2) 

rammers) 

P > 70 

89 + 11 lg P 

86 + 11 lg P(2) 

P ≤ 55 

P > 55 

P ≤ 55 

106 

103 (2) 

 87 + 11 lg P 

 84 + 11 lg P(2) 

104 

101(2) 

P > 55 

 85 + 11 lg P 

 82 + 11 lg P(2) 

Tracked  dozers,  tracked 
loaders, 

tracked excavator-loaders 

Wheeled dozers, wheeled 
loaders, 
wheeled 
excavator-loaders, 

dumpers, 

graders, 

loader-type 
landfill 
compactors,  combustion-
engine  

driven  counter-balanced 
lift trucks, mobile cranes, 
compaction 
machines 
rollers), 
(non-vibrating 
paver-finishers,  hydraulic 
power packs 

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Excavators,  

P ≤ 15 

96 

93 

builders’  hoists  for  the 
transport of 

goods,  

construction winches,  

P > 15 

 83 + 11 lg P 

 80 + 11 lg P 

motor hoes 

Hand-held concrete- 

m ≤ 15 

107 

105 

breakers and picks 

15 < m < 30 

94 + 11 lg m  

92 + 11 lg m(2) 

m > 30 

96 + 11 lg m 

94 + 11 lg m 

Tower cranes 

Welding and power  

generators 

Compressors 

Lawnmowers,  

Pel ≤ 2 

2 < Pel ≤ 10 

10 > Pel 

P ≤ 15 

P > 15 

L ≤50 

lawn trimmers/lawn- 

50 < L ≤ 70 

edge trimmers 

70 < L ≤ 120 

L > 120 

98 + lg P 

97 + lg Pel 

98 + lg Pel 

97 + lg Pel 

99 

96 + lg P 

95 + lg Pel 

96 + lg Pel 

95 + lg Pel  

97 

97 + 2 lg P 

95 + 2 lg P 

96 

100 

100 

105 

94(2) 

98 

98(2) 

103(2) 

(1) 

(2) 

Pel for welding generators: conventional welding current multiplied by the conventional load voltage 
for the lowest value of the duty factor given by the manufacturer. 
Pel for power generators: prime power according to ISO 8528-1:1993, clause 13.3.2 
The figures for stage II are indicative only for the following types of equipment: 
- Walk- behind vibrating rollers; 
- Vibratory plates (>3kW); 
- Vibratory rammers; 
- Dozers (steel tracked); 
- Loaders (steel tracked > 55 kW); 
- Combustion-engine driven counterbalanced lift trucks; 
- Compacting screed paver-finishers; 
- Hand-held internal combustion-engine concrete-breakers and picks (15<m<30) 
- Lawnmowers, lawn trimmers/lawn-edge trimmers. 

Definitive figures will depend on amendment of the Directive following the report required in Article 
20(1). In the absence of any such amendment, the figures for stage I will continue to apply for stage 
II. 

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The permissible sound power level shall be rounded up or down to the nearest whole number (less than 0.5, 
use lower number; greater than or equal to 0.5, use higher number) 

(2) 

Article 20 is amended as follows: 

(a)  Paragraph 1 is amended as follows: 

In the first sentence, the words “Not later than 3 January 2005” are replaced by “Not 
later than 3 January 2007”; 

(b)  Paragraph 3 is deleted. 

Article 2 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  31  December  2005  at  the 
latest.  They  shall  forthwith  communicate  to  the  Commission  the  text  of  those 
provisions and a correlation table between those provisions and this Directive. 

They shall apply those provisions from 3 January 2006. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

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  

This  Directive  shall  enter  into  force  on  the  twentieth  day  of  its  publication  in  the  Official 
Journal of the European Union.  

Article 3 

Article 4 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

14 

   EN