Directive 2003/97/EC of the European Parliament and of the Council
of 10 November 2003
on the approximation of the laws of the Member States relating to the type-approval of devices for indirect vision and of vehicles equipped with these devices, amending Directive 70/156/EEC and repealing Directive 71/127/EEC
(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 Commission(1),
Having regard to the opinion of the European Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Council Directive 71/127/EEC of 1 March 1971 on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles(4) was adopted as one of the separate directives of the EC type-approval procedure which was established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(5). Consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to Directive 71/127/EEC.
(2) Existing provisions, in particular in the case of categories N2, N3, M2 and M3 have proved inadequate as regards the exterior field of vision to the side, front and rear of the vehicle. In order to remedy this shortcoming, it is necessary to require an extension of the field of vision.
(3) In the light of the experience gained and the present state of the art, it is now possible to amplify certain requirements of Directive 71/127/EEC with a view to improving road safety and to permit the use of mirrors to be supplemented by other technologies.
(4) Taking into account the nature and the number of changes necessary to the requirements in force today, it is advisable to repeal andreplace Directive 71/127/EEC by this Directive. Since the type-approval and the conformity of production procedures are provided for in Directive 70/156/EEC, it is not necessary to repeat them in this Directive.
(5) The Annexes to Directive 70/156/EEC should be amended accordingly,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
The aim of this Directive is to harmonise rules relating to the type-approval of devices for indirect vision and of vehicles equipped with these devices.
These rules are contained in the Annexes to this Directive.
For the purpose of this Directive "vehicle" means any motor vehicle as defined in Section A of Annex II to Directive 70/156/EEC.
Article 2
1. With effect from 26 January 2005, Member States shall not, on grounds relating to devices for indirect vision,
- refuse to grant EC type-approval or national type-approval of a vehicle or a device for indirect vision,
- prohibit the sale, registration or entry into service of vehicles or devices for indirect vision,
if the vehicles or devices for indirect vision comply with the requirements of this Directive.
2. With effect from 26 January 2006, Member States shall refuse to grant EC type-approval for any new type of vehicle on grounds relating to the device for indirect vision or for any new type of device for indirect vision, if the requirements of this Directive are not fulfilled.
However, this date shall be postponed by 12 months as regards the requirements concerning a class VI front mirror as a component and its installation on vehicles.
3. With effect from 26 January 2006, Member States shall prohibit the national type-approval for any new type of vehicle on grounds relating to the device for indirect vision if the requirements of this Directive are not fulfilled.
However this date shall be postponed by 12 months as regards the requirements concerning a class VI front mirror as a component and its installation on vehicles.
4. With effect from 26 January 2010 for vehicles of categories M1 and N1, and with effect from 26 January 2007 for all vehicles of other categories, Member States:
- shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive,
- shall prohibit the sale, registration or entry into service of vehicles,
on grounds relating to the device for indirect vision if the vehicles do not comply with the requirements of this Directive.
5. With effect from 26 January 2010 for vehicles of categories M1 and N1, and with effect from 26 January 2007, for all vehicles of other categories, the requirements of this Directive relating to the device for indirect vision as a component shall apply for the purposes of Article 7(2) of Directive 70/156/EEC.
6. Notwithstanding paragraphs 2 and 5, for the purposes of replacement parts, Member States shall continue to grant EC type-approval and to permit the sale and entry into service of components or separate technical units intended for use on vehicle types which have been approved before 26 January 2007, pursuant to Directive 71/127/EEC and, where applicable, subsequent extensions to those approvals.
7. Notwithstanding paragraph 3, Member States may continue to grant national type-approval for any new type of articulated vehicle of category M2 and M3, class I, as defined in Annex I, point 2.1.1.1 to Directive 2001/85/EC(6), composed of at least three articulated rigid parts, which do not comply with the provisions of this Directive, provided that the requirements for the driver's field of vision are respected as referred in Annex III, point 5 to this Directive.
8. The provisions laid down in this Directive shall also contribute to establishing a high level of protection in the context of the international harmonisation of legislation in this area. Therefore, as soon as possible after the adoption of this Directive, the Commission shall submit a proposal to the United Nations Economic Commission for Europe with the aim of aligning the provisions of UNECE Regulation 46 with the provisions of this Directive.
Article 3
By 26 January 2010, the Commission shall carry out a detailed study to ascertain whether the amendments introduced by this Directive are having a positive effect on road safety, in particular as regards pedestrians, cyclists and other vulnerable road users. On the basis of those findings, the Commission shall, if necessary, propose additional legislative measures for further improvement of the field of indirect vision.
Article 4
Directive 70/156/EEC is hereby amended as follows:
1. in Annex I, point 9.9 is replaced by the following:
TABLE "
2. in Annex III, point 9.9 is replaced by the following:
TABLE "
3. Annex IV is hereby amended as follows:
- Part I, point 8 of the table shall be replaced by the following:
TABLE "
- in point 8 of Part I, the term "rear-view mirrors" shall be replaced by "devices for indirect vision",
- in point 8 of Part II, the term "rear-view mirrors" shall be replaced by "devices for indirect vision";
4. in point 8 of Appendices 1 and 2 to Annex XI, the term "rear-view mirrors" shall be replaced by "devices for indirect vision".
Article 5
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 24 January 2005. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or 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 6
Directive 71/127/EEC shall be repealed with effect from 24 January 2010.
References to the repealed Directive shall be construed as being made to this Directive and shall be read in accordance with the correlation table set out in Annex IV.
Article 7
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 10 November 2003.