Directive 2001/85/EC of the European Parliament and of the Council
of 20 November 2001
relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat, and amending Directives 70/156/EEC and 97/27/EC
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 Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 25 June 2001,
Whereas:
(1) The internal market comprises an area without internal frontiers, in which the free movement of goods, persons, services and capital is ensured. It is important to adopt measures to that end.
(2) The technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat.
(3) Those requirements differ from one Member State to another.
(4) Owing to differences in technical prescriptions, these vehicles have been prevented from being put on to the Community market. The adoption of harmonised requirements by all of the Member States in place of their national regulations should facilitate the proper functioning of the internal market for these vehicles.
(5) 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 EC type-approval procedure which is the subject of 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(4) to be applied in respect of each type of vehicle.
(6) This Directive is one of the separate Directives of the EC type-approval procedure, which was established by Directive 70/156/EEC.
(7) To acknowledge advances already made in order to improve accessibility for persons of reduced mobility to vehicles of Classes I and II, existing types of vehicle should be permitted to have a steeper slope in parts of the gangway than new types of vehicle.
(8) Since the objectives of the proposed action, namely the avoidance of barriers to trade within the Community through the application of EC vehicle type-approval for such vehicles, cannot be sufficiently achieved by the Member States on account of the scale and impact of the action proposed in the sector in question, and can therefore be better attained 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, this Directive does not go beyond what is necessary in order to achieve those objectives.
(9) In order to distinguish between existing and new types of vehicle, it is necessary to refer to Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers(5).
(10) It is desirable to take account of the existing technical requirements adopted by the UN Economic Commission for Europe (UN/ECE) in its Regulation No 36 ("Uniform Provisions concerning the Approval of Large Passenger Vehicles with regard to their General Construction"), its Regulation No 52 ("Uniform Provisions concerning the Construction of Small-Capacity Public Service Vehicles"), its Regulation No 66 ("Uniform Provisions Concerning the Approval of Large Passenger Vehicles with regard to the Strength of their Superstructure") and its Regulation No 107 ("Uniform Provisions concerning the Approval of Double-Deck Large Passenger Vehicles with regard to their General Construction"), which are annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions for approval and reciprocal recognition of approval for motor vehicle equipment and parts.
(11) While the principal aim of this Directive is to guarantee the safety of passengers, it is also necessary to provide technical prescriptions to allow accessibility for persons of reduced mobility to the vehicles covered by the Directive, in accordance with the Community transport and social policies. Every effort must be made to improve access to these vehicles. To this end, accessibility for persons of reduced mobility can be achieved either by technical solutions applied to the vehicle, as covered by this Directive, or by combining them with appropriate local infrastructure to guarantee access for wheelchair users.
(12) As a result of the foregoing, it is necessary to amend Directive 70/156/EEC and Directive 97/27/EC of the European Parliament and of the Council of 22 July 1997 relating to the masses and dimensions of certain categories of motor vehicles and their trailers(6).
(13) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7),
HAVE ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive:
- "vehicle" shall mean any motor vehicle of category M2 or M3, as defined in Annex II, Part A, of Directive 70/156/EEC,
- "bodywork" shall mean a separate technical unit as defined in Article 2 of Directive 70/156/EEC,
- "class of vehicle" shall mean a vehicle which complies with the class description given in Annex I to this Directive.
Article 2
1. With effect from 13 August 2003 Member States may not refuse EC type-approval or national type approval:
- of a vehicle,
- of a bodywork,
- of a vehicle the bodywork of which has already been type-approved as a separate technical unit,
or refuse or prohibit the sale, registration or entry into service of a vehicle or of a bodywork as a separate technical unit, on grounds relating to the provisions for vehicles used for the carriage of passengers and comprising more than eight seats in addition to the driver's seat, if the requirements of this Directive and the Annexes thereto are satisfied.
2. Paragraph 1 shall also apply to low-floor vehicles of Class I or II, type-approved before 13 August 2002 pursuant to Directive 76/756/EEC, benefiting from the 12,5 % gangway slope specified in paragraph 7.7.6.2 of Annex 1.
3. Subject to the provisions of paragraph 4 below, with effect from 13 February 2004, Member States:
- shall no longer grant EC type-approval for a type of vehicle and a type of bodywork as a separate technical unit,
- may refuse the registration, sale or entry into service of new vehicles and new bodyworks as separate technical units,
on grounds relating to the provisions for vehicles used for the carriage of passengers and comprising more than eight seats in addition to the driver's seat, if the requirements of this Directive and the Annexes thereto are not complied with.
4. With effect from 13 February 2005, Member States may refuse the registration, sale or entry into service of new vehicles and new bodyworks as separate technical units which have been type-approved according to the provisions of paragraph 2.
Article 3
1. Vehicles of Class I shall be accessible for people with reduced mobility including wheelchair users according to the technical provisions laid down in Annex VII.
2. Member States shall be free to choose the most appropriate solution to achieve improved accessibility in vehicles other than those of Class I. However, if vehicles other than those of Class I are equipped with devices for people with reduced mobility and/or wheelchair users, they shall comply with the relevant requirements of Annex VII.
Article 4
Directive 70/156/EC shall be amended as follows:
1. in Annex I:
(a) the following items shall be added to item 0.2:
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(b) the following items shall be added to item 0.3:
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(c) the following items shall be added to item 0.3.1:
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(d) the following item shall be added to item 2.4.2:
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(e) the following item shall be inserted:
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(f) item 13 shall be replaced by the following:
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2. the following item shall be inserted in Part I of Annex III:
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3. in Annex IV:
(a) in Part I, item 52 shall be replaced by the following:
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(b) in Part II, the following shall be inserted as item 52:
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Article 5
Annex I to Directive 97/27/EC shall be amended as follows:
1. paragraphs 2.1.2.1 to 2.1.2.2.1.4 shall be deleted;
2. the following paragraph shall be inserted: "2.1.2.1. 'Bus or coach' means a vehicle defined in paragraph 1 of Annex I to Directive .../.../EC.
2.1.2.2. 'Class' of bus or coach means a vehicle of a Class defined in paragraphs 2.1.1 and 2.1.2 of Annex I to Directive .../.../EC.
2.1.2.3. 'Articulated bus or coach' means a vehicle defined in paragraph 2.1.3 of Annex I to Directive .../.../EC.
2.1.2.4. 'Double-deck bus or coach' means a vehicle defined in paragraph 2.1.6 of Annex I to Directive .../.../EC."
Article 6
The measures necessary for the adaptation to technical progress of this Directive shall be adopted in accordance with the procedure set out in Article 7(2).
Article 7
1. The Commission shall be assisted by the Committee for Adaptation to Technical Progress set up by Article 13 of Directive 70/156/EEC (hereinafter referred to as "the Committee").
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.
Article 8
1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before 13 August 2003. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 9
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 10
This Directive is addressed to the Member States.
Done at Brussels, 20 November 2001.