Directive 2000/4/EC of the European Parliament and of the Council
of 28 February 2000
amending Council Directive 74/60/EEC on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of controls, the roof or sliding roof, the backrest and rear part of the seats)
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),
Whereas:
(1) It is desirable to introduce into Council Directive 74/60/EEC(4), requirements concerning power-operated windows with the aim of eliminating the danger to children, which can occur when closing these windows; similar requirements should also apply to power-operated roof panel systems and partition systems; for this purpose the title and the scope of Directive 74/60/EEC should be amended accordingly.
(2) Directive 74/60/EEC is one of the separate directives of the EC type-approval procedure which has been established by 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(5); consequently, the provisions laid down in Directive 70/156/EEC relating to vehicles, vehicle systems, components and separate technical units apply to Directive 74/60/EEC.
(3) In particular, Articles 3(4) and 4(3) of Directive 70/156/EEC require that each separate Directive has attached to it an information document incorporating the relevant items of Annex I to Directive 70/156/EEC and also a type-approval certificate based on Annex VI to Directive 70/156/EEC in order that type-approval may be computerised.
(4) It is important that vehicles in categories other than M1, in particular those in categories M2 and N1, are able at the earliest opportunity to afford the driver and passengers, more particularly children, the level of safety provided by Directive 74/60/EEC; to that end it should be made possible for the scope of Directive 74/60/EEC to be extended to cover such vehicles in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
(5) The amendments to Directive 74/60/EEC relate only to its administrative provisions and to power-operated windows, roof panel and/or partition systems; it is not necessary therefore to invalidate existing approvals granted under Directive 74/60/EEC nor to prevent the registration, sale and entry into service of new vehicles, which are not fitted with power-operated windows, roof panel and/or partition systems and which are covered by such approvals.
(6) In accordance with the principle of proportionality as set out in the third paragraph of Article 5 of the Treaty, the measures contained in this Directive do not go beyond what is necessary to achieve the objectives of the Treaty,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 74/60/EEC is hereby amended as follows:
1. The title shall be replaced by the following:
"Council Directive 74/60/EEC of 17 December 1973 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles."
2. Articles 1, 2 and 3 shall be replaced by the following:
"Article 1
For the purpose of this Directive, 'vehicle' means any vehicle as defined in Article 2 of Directive 70/156/EEC.
Article 2
No Member State may refuse to grant EC type-approval or national type-approval of a vehicle on grounds relating to the interior fittings of the vehicles if these meet the requirements set out in the Annexes hereto.
Article 3
No Member State may refuse to register or prohibit the sale, entry into service or use of any vehicle on grounds relating to the interior fittings of the vehicles if these meet the requirements set out in the Annexes."
3. Articles 4 and 5 shall be deleted.
4. The Annexes shall be amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 8 April 2001, Member States may not, on grounds relating to the interior fittings of the motor vehicles,
- refuse, in respect of a type of vehicle, to grant EC type-approval or national type-approval, or
- prohibit the registration, sale or entry into service of vehicles,
if the vehicles comply with the requirements of Directive 74/60/EEC.
2. With effect from 8 April 2002, Member States shall no longer grant EC type-approval for a new type of vehicle on grounds relating to the interior fittings of the motor vehicles if the requirements of Directive 74/60/EEC are not complied with.
3. With effect from 8 April 2003, Member States:
- shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and
- may refuse the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity unless Article 8(2) of Directive 70/156/EEC is invoked,
on grounds relating to the interior fittings of motor vehicles if the vehicles are fitted with power-operated windows, roof panel and/or partition systems and the requirements of Directive 74/60/EEC, are not complied with.
4. This Directive will not invalidate any approval for types of vehicles which are not fitted with power-operated windows, roof panel and/or partition systems previously granted under Directive 74/60/EEC nor prevent extensions of such approvals under the terms of the Directive under which they where originally granted.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 8 April 2001 and shall forthwith inform the Commission thereof.
2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such 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 on the day of its publication in the Official Journal of the European Communities.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 28 February 2000.