Council Directive 92/97/EEC of 10 November 1992 amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles
Date: 1992-11-10

num: Article 1
paragraphs: The Annexes to Directive 70/157/EEC are hereby replaced by the Annexes to this Directive.
num: Article 2
paragraphs: 1. With effect from 1 July 1993, Member States may not, on grounds relating to the permissible sound level and the exhaust system:
- refuse, in respect of a type of motor vehicle, to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval,
or
- prohibit the initial entry into service of vehicles,
if the sound level and the exhaust system of this type of vehicle or of these vehicles comply with the requirements of Directive 70/157/EEC as amended by this Directive.
2. With effect from 1 October 1995, Member States:
- may no longer grant EEC type-approval or issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle,
- must refuse to grant national type-approval in respect of a type of motor vehicle,
of which the sound level and the exhaust system do not comply with the requirements set out in the Annexes to Directive 70/157/EEC as amended by this Directive.
3. With effect from 1 October 1996, Member States shall prohibit the initial entry into service of motor vehicles of which the sound level and the exhaust systems do not comply with the requirements set out in the Annexes to Directive 70/157/EEC as amended by this Directive.
num: Article 3
paragraphs: Member States may make provision for tax incentives only in respect of motor vehicles which comply with this Directive. Such incentives must comply with the provisions of the Treaty and, in addition, must meet the following conditions:
- they must apply to all nationally-manufactured motor vehicles and all imported vehicles which are offered for sale on the market of a Member State and which meet, in advance, the requirements of this Directive due to be complied with in 1995,
- they shall be terminated with effect from the mandatory application of the sound level values laid down in Article 2 (3) for new motor vehicles,
- in respect of each type of motor vehicle, they must represent an amount substantially below the additional cost of the technical solutions introduced to ensure compliance with the established values and of their installation on the vehicle.
The Commission must be informed in good time of plans to institute or change tax incentives as referred to in the first subparagraph. The Commission must give its consent before such incentives are put into effect and must, in particular, take into account the impact of such incentives on the internal market.
num: Article 4
paragraphs: 1. Specific details on the conditions of measurement shall be supplied as soon as possible via the procedure referred to in Article 13 of Directive 70/156/EEC.
2. Subsequent measures intended, in particular, to reconcile safety requirements with the need to limit the noise arising from contact between tyres and the road surface shall be decided upon before 1 October 1995 by the Council acting by a qualified majority on the basis of a proposal from the Commission, which shall take account of the studies and research to be performed on this source of noise, and shall be presented by 31 March 1994.
3. Member States shall take the necessary measures to have the type-approval sound level values published in such a way as to make them widely accessible, before 1 October 1994. They shall inform the Commission before this date of the steps taken to comply with this requirement.
num: Article 5
paragraphs: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1993. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, 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 a reference shall be laid down by the Member States.
Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.