COMMISSION DIRECTIVE 2009/108/EC
of 17 August 2009
amending, for the purposes of adapting it to technical progress, Directive 97/24/EC of the European Parliament and of the Council on certain components and characteristics of two or three-wheel motor vehicles
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two and three-wheel motor vehicles and repealing Council Directive 92/61/EEC (1), and in particular Article 17 thereof,
Whereas:
(1)
Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel motor vehicles (2) is one of the separate Directives for the purposes of the two and three-wheel motor vehicles EC type-approval procedure laid down by Directive 2002/24/EC.
(2)
In order to take into account the specific behaviour of hybrid vehicles, the type-approval test procedure used for measuring gaseous pollutants from two and three-wheel vehicles should be adapted. For this purpose, it is appropriate to adopt a procedure similar to the one used in UNECE Regulation No 83 on Emission of pollutants according to engine fuel requirements.
(3)
To ensure that hybrid vehicles comply with the noise limits set out in Directive 97/24/EC in all their running modes it is also necessary to adapt the type-approval test procedure used for noise measurement set out in Directive 97/24/EC.
(4)
Directive 97/24/EC should therefore be amended accordingly.
(5)
The measures provided for this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 97/24/EC is amended as follows:
1.
Annex II of Chapter 5 of Directive 97/24/EC is amended in accordance with Annex I to this Directive;
2.
Annex III of Chapter 9 of Directive 97/24/EC is amended in accordance with Annex II to this Directive;
3.
Annex IV of Chapter 9 of Directive 97/24/EC is amended in accordance with Annex III to this Directive.
Article 2
1. With effect from 1 May 2010, Member States shall not, on grounds relating to measures to counter air pollution or noise emissions, refuse to grant EC type-approval or prohibit the registration, sale or entry into service of two or three-wheel vehicles which comply with Directive 97/24/EC as amended by this Directive.
2. With effect from 1 May 2010, Member States shall refuse, on grounds relating to measures to counter air pollution or noise emissions, to grant EC type-approval to any new type of two or three-wheel motor vehicle which does not comply with Directive 97/24/EC as amended by this Directive.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 April 2010 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
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 20th day following its publication in the Official Journal of the European Union.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 17 August 2009.