COUNCIL DIRECTIVE of 17 December 1973 on the approximation of the laws of the Member States relating to devices to prevent the unauthorized use of motor vehicles (74/61/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social Committee (2);
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to devices to prevent the unauthorized use of such vehicles;
Whereas those requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements, either in addition to or in place of their existing rules, in order in particular to allow the EEC type approval procedure which was the subject of the Council Directive of 6 February 1970 (3) on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers to be applied in respect of each type of vehicle;
Whereas as regards the technical requirements it is advisable to follow basically those adopted by the UN Economic Commission for Europe in its Regulation No 18 (4) ("Uniform provisions concerning the approval of vehicles with regard to their protection against unauthorized use"), which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails, agricultural tractors and machinery and engineering plant.
Article 2
No Member State may refuse to grant EEC type approval or national type approval of a vehicle on grounds relating to the device to prevent unauthorized use if such device meets the requirements set out in Annex I.
Article 3
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle on grounds relating to the device to prevent unauthorized use if such device meets the requirements set out in Annex I.
Article 4
The Member State which has granted type approval shall take the necessary measures to be informed of any modification of a part or characteristic referred to in item 2.2. of Annex I. The competent authorities of that State shall determine whether fresh tests should be carried out on the modified vehicle and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved. (1)OJ No C 112, 27.10.1972, p. 16. (2)OJ No C 60, 26.7.1973, p. 12. (3)OJ No L 42, 23.2.1970, p. 1. (4)EEC, Geneva, E/ECE/324 - E/ECE/TRANS/505/Rev. Add. 17.
Article 5
The amendments necessary for- adjusting the requirements of Annexes I and II so as to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive of 6 February 1970 on the harmonization of the laws of the Member States relating to the type-approval of motor vehicles and their trailers.
Article 6
1. Member States shall put into force the provisions needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 17 December 1973.