Directive 2000/40/EC of the European Parliament and of the Council
of 26 June 2000
on the approximation of the laws of the Member States relating to the front underrun protection of motor vehicles and amending Council Directive 70/156/EEC
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) By Decision 97/836/EC(4), the Council, with the assent of the European Parliament, authorised the Community to accede to the Agreement of the United Nations Economic Commission for Europe (ECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions, done at Geneva on 20 March 1958, as revised on 16 October 1995.
(2) Through its accession to the said Agreement, the Community subscribed to a defined list of Regulations established pursuant to that Agreement. This list includes UN/ECE Regulation No 93(5).
(3) In order to reduce the number of European road accident casualties, it is necessary to introduce without delay the measures established by UNE/ECE Regulation No 93 into the EC type-approval procedure set up by Council Directive 70/156/EEC(6), so as to improve the protection of the occupants of passenger cars and light vans from injury in the event of a collision with the front of heavy goods vehicles and to allow manufacturers of such devices and of vehicles equipped with such devices to obtain an EC type-approval if they meet the technical requirements of that Regulation.
(4) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of this Directive cannot be sufficiently achieved by the Member States on account of the scale and effect of the action proposed in the relevant sector, and can therefore be better achieved by the Community. This Directive does not go beyond what is necessary for the attainment of its objective, namely EC type-approval.
(5) This Directive is one of the separate directives which must be complied with in order to conform to the EC type-approval procedure. Consequently, the provisions laid down in Directive 70/156/EEC relating to vehicles, vehicle systems, components and separate technical units apply to this Directive.
(6) In view of the considerable number of road accidents involving commercial vehicles having a mass of more than 3,5 tonnes, and consequently in order to increase road safety, the provisions concerning such vehicles should be made mandatory by this Directive without awaiting any further supplements to EC type-approval for this category of vehicles.
(7) Directive 70/156/EEC should be amended in consequence,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive:
(a) "vehicle" means any motor vehicle as defined in Section A of Annex II to Directive 70/156/EEC;
(b) "front underrun protective device" means a front underrun protective device which is intended to be part of a vehicle and which can be approved as a separate technical unit in accordance with Article 2 of Directive 70/156/EEC.
Article 2
1. With effect from 10 August 2001 or, if the publication referred to in Article 3 is delayed beyond 10 February 2001, six months after the date of the said publication, Member States may not, on grounds relating to the front underrun protection of a vehicle:
(a) refuse, in respect of a type of vehicle, or a type of a front underrun protective device considered as a separate technical unit, to grant EC type-approval or national type-approval; or
(b) prohibit the registration, sale or entry into service of vehicles or front underrun protective devices considered as a separate technical unit;
if the vehicles or separate technical units comply with the requirements of this Directive.
2. With effect from 10 August 2003, Member States:
(a) shall no longer grant EC type-approval or national type-approval for a type of vehicle or a type of front underrun protective device as a separate technical unit;
(b) shall refuse the registration, sale or entry into service of new vehicles or new front underrun protective devices as separate technical units;
on grounds relating to the front underrun protection if the requirements of this Directive are not complied with.
3. The administrative provisions governing EC type-approval shall be as set out in Annex I.
The scope of this Directive, and the technical requirements to be fulfilled for the award of EC type-approval, shall be as laid down in Annex II.
Article 3
Regulation No 93 of the United Nations Economic Commission for Europe shall be published in the Official Journal of the European Communities before 10 February 2001.
Article 4
Directive 70/156/EEC is amended as follows:
1. Annex I shall be amended as follows:
(a) Item 2.3.4 shall be replaced by the following:
"2.3.4. Width of the foremost axle (measured at the outermost part of the tyres excluding the bulging of the tyres close to the ground): ...".
(b) The following items shall be inserted:
"9.22. Front underrun protection
9.22.1. Drawing of the vehicle parts relevant to the front underrun protection, i.e. drawing of the vehicle and/or chassis with position and mounting of the widest front axle, drawing of the mounting and/or fitting of the front underrun protection. If the underrun protection is no special device, the drawing must clearly show that the required dimensions are met: ...
9.22.2. In the case of special device, full description and/or drawing of the front underrun protection (including mountings and fittings), or, if approved as a separate technical unit, type-approval number: ...".
2. Annex V shall be amended as follows:
(a) In Part I, the following item shall be added:
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(b) In Part II, the following item shall be added:
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Article 5
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 10 August 2001. However, if the publication referred to in Article 3 is delayed beyond 10 February 2001, Member States shall fulfil this obligation within six months of the said publication. They shall forthwith inform the Commission thereof.
Member States shall apply these measures as from 10 August 2001 or, if the publication referred to in Article 3 is delayed beyond 10 February 2001, six months after the said publication.
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.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.
Article 6
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 7
This Directive is addressed to the Member States.
Done at Luxembourg, 26 June 2000.