Directive 2001/56/EC of the European Parliament and of the Council
of 27 September 2001
relating to heating systems for motor vehicles and their trailers, amending Council Directive 70/156/EEC and repealing Council Directive 78/548/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) Council Directive 78/548/EEC of 12 June 1978 on the approximation of the laws of the Member States relating to heating systems for the passenger compartment of motor vehicles(4) was adopted as 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 vehicle systems, components and separate technical units apply to Directive 78/548/EEC.
(2) In particular, under Article 3(4) and Article 4(3) of Directive 70/156/EEC each separate directive is to be accompanied by 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 thereto in order that type-approval may be computerised.
(3) In the light of technical progress, combustion heaters, usually fuelled by diesel, petrol or liquefied petroleum gas, are now fitted to many types of vehicle in order to provide heat for the passenger compartment (e.g. of buses), the load area (e.g. of trucks and trailers) or the sleeping compartment (e.g. of trucks and motor caravans) so that heat can be provided efficiently and without the noise and gaseous emissions associated with running the propulsion engine when the vehicle is parked. For reasons of safety, it is necessary to extend the scope to include requirements for combustion heaters, and for their installation. Such requirements should correspond to the highest standards consistent with current technology.
(4) It is necessary to provide for type-approval for combustion heaters as components and for vehicles in which a combustion heater is installed.
(5) It will be necessary to supplement this Directive with additional safety requirements for liquefied petroleum gas (LPG) combustion heaters by the addition of an Annex.
(6) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).
(7) For reasons of clarity it is advisable to repeal Directive 78/548/EEC and replace it by this Directive,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive, "vehicle" means any vehicle to which Directive 70/156/EEC applies.
Article 2
No Member State may refuse to grant EC type-approval or national type-approval of a type of vehicle or of a type of heating system on grounds relating to the heating system for the passenger compartment or load area if the system satisfies the requirements set out in the Annexes.
Article 3
No Member State may refuse or prohibit the sale, registration, entry into service or use of any vehicle or the sale, entry into service or use of any heating system on grounds relating to the heating system for the passenger compartment or load area if the system satisfies the requirements set out in the Annexes.
Article 4
1. With effect from 9 May 2003 Member States may not, on grounds relating to heating systems:
- refuse, in respect of a type of vehicle or heating system, to grant EC type-approval or national type-approval, or
- prohibit the sale, registration, or entry into service of vehicles, or the sale or entry into service of heating systems,
if the heating system complies with the requirements of this Directive.
2. With effect from 9 May 2004 Member States:
- shall no longer grant EC type-approval, and
- may refuse to grant national type-approval,
for a type of vehicle on grounds relating to heating systems, or for a type of combustion heater, if the requirements of this Directive are not fulfilled.
3. With effect from 9 May 2005 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 sale, registration and entry into service of new vehicles,
on grounds relating to heating systems if the requirements of this Directive are not fulfilled.
This paragraph shall not apply to vehicle types equipped with a waste-heat heating system, using water as the transfer medium.
4. With effect from 9 May 2005 the requirements of this Directive relating to combustion heaters as components shall apply for the purposes of Article 7(2) of Directive 70/156/EEC.
Article 5
No later than 9 November 2002 the Commission shall examine additional safety requirements with respect to liquefied petroleum gas (LPG) fuelled heating systems of motor vehicles, and, if appropriate, amend this Directive in accordance with the procedure referred to in Article 6(2).
Article 6
1. The Commission shall be assisted by the Committee for Adaptation to Technical Progress, set up by Article 13 of Directive 70/156/EEC, hereinafter referred to as "the Committee".
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.
Article 7
Directive 70/156/EEC is hereby amended as follows:
1. Item 36 in Part 1 of Annex IV shall be replaced by the following:
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2. In Annex XI:
(a) Item 36 in Appendix 1 shall be replaced by the following:
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(b) Item 36 in Appendix 2 shall be replaced by the following:
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Article 8
Directive 78/548/EEC shall be repealed with effect from 9 May 2004. References made to Directive 78/548/EEC shall be construed as references to this Directive.
Article 9
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 9 May 2003, and shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a 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 covered by this Directive.
Article 10
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 11
This Directive is addressed to the Member States.
Done at Brussels, 27 September 2001.