DIRECTIVE 95/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 October 1995
relating to the burning behaviour of materials used in the interior construction of certain categories of motor vehicle
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 100a 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 189b of the Treaty (3),
Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas it is important to adopt measures to that end;
Whereas the technical requirements which certain vehicle categories must satisfy pursuant to national law relate, inter alia, to the burning behaviour of materials used in the interior construction of certain categories of motor vehicle;
Whereas these requirements differ from one Member State to another;
Whereas 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 EEC type-approval procedure which was 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 further implemented;
Whereas this Directive will be one of the separate Directives of the EEC 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 shall apply for the purposes of this Directive;
Whereas it is appropriate to refer to Council Directive 77/649/EEC (5), which contains the procedure for determining the position of the seating reference point (the ‘R-point’);
Whereas, with a view to ensuring occupant and road safety, it is important that the materials used in the construction of the inside of bus and coach bodywork satisfy minimum requirements in order to avoid or at least retard development of flames such that it allows occupants to evacuate the vehicle in the event of fire;
Whereas it is desirable to introduce alternative routes for the type-approval of vehicles as systems pursuant to this Directive, i. e. either on the basis of tests of the burning behaviour of the interior materials used in motor vehicles or on the basis of an EEC component type-approval for each material and/or equipment such as seats, curtains, etc. to be fitted in the interior construction of these vehicles whereby the correct installation of such approved materials and/or equipment has to be checked,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive:
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‘vehicle’: means any vehicle as defined in Article 2 of Directive 70/156/EEC,
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‘component’: means a device as defined in Article 2 of Directive 70/156/EEC.
Article 2
Member States may not refuse:
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EEC type-approval or national type-approval for a vehicle or refuse or prohibit the sale, registration, entry into service or use of a vehicle on grounds relating to the burning behaviour of materials used in the interior construction of its bodywork,
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EEC type-approval or national type-approval for a component used in the interior construction of the vehicle bodywork or prohibit its sale or use on grounds relating to the burning behaviour of the materials used in its construction,
if the relevant requirements set out in Annexes I, IV, V and VI to this Directive are satisfied.
Article 3
1. Member States shall adopt and publish the laws, regulations are administrative provisions necessary to comply with this Directive within 18 months of the date of its adoption. They shall forthwith inform the Commission thereof.
From the abovementioned date, Member States may no longer prohibit the initial entry into service of vehicles or the sale or use of components complying with this Directive.
They shall apply these provisions 48 months following the date of adoption of this Directive.
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 method of making such reference shall be laid down by Member States.
Article 4
This Directive is addressed to the Member States.
Done at Luxembourg, 24 October 1995.