COMMISSION DIRECTIVE 98/90/EC of 30 November 1998 adapting to technical progress Council Directive 70/387/EEC relating to the doors of motor vehicles and their trailers (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 type-approval of motor vehicles and their trailers (1), as last amended by Commission Directive 98/14/EC (2), and in particular Article 13(2) thereof,
Having regard to Council Directive 70/387/EEC of 27 July 1970 on the approximation of the laws of the Member States relating to the doors of motor vehicles and their trailers (3), as amended by the Act of Accession of Denmark, Ireland and the United Kingdom, and in particular Article 3 thereof,
Whereas Directive 70/387/EEC is one of the separate Directives of the EC type-approval procedure 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 the present Directive;
Whereas it is possible further to adapt Directive 70/387/EEC to technical progress by improving safety of persons entering and leaving the driver's compartment of some heavy goods vehicles;
Whereas, in particular, Article 3(4) and Article 4(3) of Directive 70/156/EEC necessitate that each separate Directive has attached to it an information document incorporating the relevant items referred to in Annex I to that Directive and also a type-approval certificate based on Annex VI thereto in order that type-approval may be computerised;
Whereas with a view to the practical application of Directive 70/387/EEC, it is necessary to ensure that uniform provisions exist in all Member States;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the adaption to technical progress established by Directive 70/156/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 70/387/EEC is amended as follows:
1. In Article 1, the words 'agricultural tractors` are replaced by 'agricultural and forestry tractors` and the words 'machinery and public works vehicles` are replaced by 'all mobile machinery`.
2. The Annexes are amended in accordance with the Annex to this Directive.
Article 2
1. With effect from l January 1999 Member States may not on grounds relating to vehicle doors:
- refuse, in respect of a type of vehicle, to grant EC type-approval or national type-approval,
or
- prohibit the sale, registration, entry into service of vehicles,
if the vehicles comply with the requirements of Directive 70/387/EEC, as amended by this Directive.
2. With effect from l October 2000 Member States:
- shall no longer grant EC type-approval,
and
- may refuse to grant national type-approval
for a new type of vehicle on grounds relating to vehicle doors if the requirements of Directive 70/387/EEC, as amended by this Directive, are not fulfilled.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1998 at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 4
This Directive shall enter into force on the seventh day following that of its publication in the Official Journal of the European Communities.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 30 November 1998.