COMMISSION DIRECTIVE of 25 July 1975 adapting to technical progress Council Directive No 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and of their trailers (75/524/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Directive No 70/156/EEC (1) 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, as amended by the Act (2) annexed to the Treaty concerning the accession of the new Member States to the EEC and EAEC signed in Brussels on 22 January 1972, and in particular to Articles 11, 12 and 13 thereof;
Having regard to Council Directive No 71/320/EEC (3) of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and of their trailers, as amended by the Act (4) annexed to the Treaty concerning the accession of new Member States to the EEC and EAEC signed in Brussels on 22 January 1972, and in particular to Article 5 thereof;
Whereas in Directive No 74/132/EEC (5) of 11 February 1974, the Commission adopted provisions adapting to technical progress the Council Directive of 26 July 1971 mentioned above ; whereas these provisions solely relate to braking-pressure distributors and not, therefore, to conditions of compatibility ; whereas in order to avoid certain combinations of vehicles (drawing and drawn vehicles) which are not likely to be able to provide every guarantee of safety from the point of view of braking, these provisions should be subject to conditions of compatibility between drawing and drawn vehicles ; whereas technical progress now enables provisions on compatibility not only to be adopted but also enables them to be correctly implemented;
Whereas the laying down of provisions on the conditions of compatibility necessitates amendments to the provisions relating to the device which enables the braking pressure to be matched to the load and which are set out in the Annex to Council Directive No 74/132/EEC;
Whereas the provisions relating to wheel anti-locking systems will be adopted at a later date ; whereas, until the entry into force of these provisions, it is consequently necessary to subject vehicles of all categories, with the exception of those in categories O1 and O2, to the provisions of this Directive, even if they are fitted with wheel anti-locking devices;
Whereas this Directive provides for an earlier date of entry into force of the amended provisions and whereas it is therefore no longer justified to retain the provisions of paragraphs 2 and 3 of Article 2 of Commission Directive No 74/132/EEC;
Whereas the provisions of this Directive are in accordance with the Opinion of the Committee on the Adaptation to Technical Progress of the Directives aimed at the Removal of Technical Barriers to Trade in the Motor-Vehicle Sector, (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 73, 27.3.1972, pp. 115 and 157. (3)OJ No L 202, 6.9.1971, p. 37. (4)OJ No L 73, 27.3.1972, pp. 118, 119 and 158. (5)OJ No L 74, 19.3.1974, p. 7.
HAS ADOPTED THIS DIRECTIVE:
Article 1
Paragraphs 2 and 3 of Article 2 of Commission Directive No 74/132/EEC of 11 February 1974 adapting to technical progress the Council Directive of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and of their trailers are rescinded with effect from the date of adoption of this Directive.
Article 2
1. Annexes I, II and IX to Council Directive No 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers, as amended by Commission Directive No 74/132/EEC of 11 February 1974, are amended as shown in the Annex to this Directive.
2. Pending the entry into force of special requirements on wheel anti-locking systems, vehicles of categories M1, M2, M3, N1, N2, N3, O3 and O4 which are fitted with these systems are submitted to the prescriptions of this Directive.
Article 3
1. With effect from 1 January 1976 no Member State may on grounds relating to the braking devices: - refuse in respect of a type of vehicle to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Council Directive No 70/156/EEC of 6 February 1970, or to grant national type-approval ; or
- prohibit the entry into service of vehicles, if the braking devices of such type of vehicle or of such vehicles comply with the provisions of Council Directive No 71/320/EEC of 26 July 1971, as last amended by this Directive.
2. With effect from 1 October 1976 Member States: - may no longer issue the document referred to in the last indent of Article 10 (1) of Council Directive No 70/156/EEC of 6 February 1970 in respect of a type of vehicle of which the braking devices do not comply with the provisions of Council Directive No 71/320/EEC of 26 July 1971 as last amended by this Directive;
- may refuse to grant national type-approval in respect of a type of vehicle of which the braking devices do not comply with the provisions of Council Directive No 71/320/EEC of 26 July 1971 as last amended by this Directive.
3. With effect from 1 October 1976 Member States may prohibit the entry into service of vehicles of which the braking devices do not comply with the provisions of Council Directive No 71/320/EEC of 26 July 1971 as last amended by this Directive.
4. The Member States shall adopt and publish the provisions necessary in order to comply with this Directive not later than 1 January 1976 and shall forthwith inform the Commission thereof.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 25 July 1975.