COMMISSION DIRECTIVE 96/20/EC of 27 March 1996 adapting to technical progress Council Directive 70/157/EEC relating to the permissible sound level and the exhaust system of motor vehicles (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 (1), as last amended by Commission Directive 95/54/EC (2) and in particular Article 13 (2) thereof,
Having regard to Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (3), as last amended by Directive 92/97/EEC (4), and in particular Article 3 thereof,
Whereas Directive 70/157/EEC is one of the separate Directives of the EC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive;
Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC necessitate that each separate Directive has attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval certificate based on Annex VI thereto in order that type-approval may be computerized;
Whereas, the recent developments in engine technology make it necessary to define more explicitly the testing process, particularly in the case of heavy vehicles, insofar as the feasibility and the repetition of such tests is concerned;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The Articles of Directive 70/157/EEC shall be amended as follows:
- Article 1 to read at the end: '. . . rails and of agricultural and forestry tractors and all mobile machinery.`,
- in Article 2, second indent, and Article 2a, paragraph 2, replace 'Article 9a` by 'Article 2`,
- in Article 3, replace 'the Annex` by 'the Annexes`.
2. The Annexes to Directive 70/157/EEC shall be amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 October 1996 Member States may not, on grounds relating to the permissible sound level or the exhaust system:
- refuse, in respect of a type of vehicle or a type of exhaust system, to grant EC type-approval or national type-approval, or
- prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of exhaust systems,
if the vehicles or exhaust systems comply with the requirements of Directive 70/157/EEC, as amended by this Directive.
2. With effect from 1 January 1997 Member States:
- shall no longer grant EC type-approval, and
- shall refuse to grant national type-approval,
for a type of vehicle on grounds relating to its permissible sound level and for a type of exhaust system, if the requirements of Directive 70/157/EEC, as amended by this Directive, are not fulfilled.
3. Notwithstanding paragraph 2, 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 exhaust systems in accordance with previous versions of Directive 70/157/EEC provided that such exhaust systems:
- are intended to be fitted to vehicles already in use, and
- comply with the requirements of that Directive which were applicable when the vehicles were first registered.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 October 1996. They shall forthwith inform the Commission thereof.
2. When the 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.
3. 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.
Article 4
This Directive shall enter into force the twentieth day after its publication in the Official Journal of the European Communities.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 27 March 1996.