COMMISSION REGULATION (EC) No 1060/2008
of 7 October 2008
replacing Annexes I, III, IV, VI, VII, XI and XV to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (1), and in particular Article 39(2) thereof,
Whereas:
(1)
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 (2) was replaced by Directive 2007/46/EC in accordance with the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (3).
(2)
Since the process of adoption of Directive 2007/46/EC was initiated, new Directives and Regulations have entered into force which have introduced amendments to the Annexes to Directive 70/156/EEC. Those amendments could not be reflected in Directive 2007/46/EC. This is the case with Directive 2004/3/EC of the European Parliament and of the Council of 11 February 2004 amending Council Directives 70/156/EEC and 80/1268/EEC as regards the measurement of carbon dioxide emissions and fuel consumption of N1 vehicles (4), Directive 2004/11/EC of the European Parliament and of the Council of 11 February 2004 amending Council Directives 92/24/EEC relating to speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles (5), Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (6), Commission, Directive 2005/78/EC of 14 November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III, IV and VI thereto (7) Commission Directive 2004/104/EC of 14 October 2004 adapting to technical progress Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles and amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (8), Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC (9), Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 relating to the use of frontal protection systems on motor vehicles and amending Council Directive 70/156/EEC (10), Commission Directive 2006/28/EC of 6 March 2006 amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC of 20 June 1972 relating to the radio interference (electromagnetic compatibility) of vehicles and amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (11), Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air-conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (12) and its implementing act, Commission Directive 2007/37/EC of 21 June 2007 amending Annexes I and III to Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (13), Commission Regulation (EC) No 706/2007 of 21 June 2007 laying down, pursuant to Directive 2006/40/EC of the European Parliament and of the Council, administrative provisions for the EC type-approval of vehicles, and a harmonised test for measuring leakages from certain air-conditioning systems (14), Commission Directive 2007/34/EC of 14 June 2007 amending, for the purposes of its adaptation to technical progress, Council Directive 70/157/EEC concerning the permissible sound level and the exhaust system of motor vehicles (15), Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (16).
(3)
Since the process of adoption of Directive 2007/46/EC was initiated, the European Community has acceded to Regulations of the Economic Commission for Europe of the United Nations in Geneva (UNECE): Regulation No 112 (Headlamps), Regulation No 123 (Adaptative front-lighting systems), Regulation No 125 (Front forward field of vision), Regulation No 121 (Identification of controls, tell-tales and indicators), Regulation No 122 (Heating systems), Regulation No 102 (Close-coupling device), Regulation No 107 (Buses and coaches), Regulation No 105 (Vehicles for the transport of dangerous goods). In addition, a new series of amendments to Regulation No 83 (Emissions), Regulation No 34 (Fuel tanks), Regulation No 11 (Door latches and hinges), Regulation No 13 (Braking), Regulation No 18 (Anti-theft), Regulation No 97 (Vehicle alarm systems) Regulation No 17 (Seat strength and combined head restraints) Regulation No 26 (Exterior projection), Regulation No 14 (Seatbelt anchorages), Regulation No 48 (Installation of lighting and light signalling devices), Regulations No 1, No 8 and No 20 (Headlamps), Regulation No 44 (Child restraints), Regulation No 49 (Emissions heavy-duty vehicles), Regulation No 64 (Temporary-use spare wheels/tyres) to which the Community has already acceded entered into force. In accordance with Article 4(4) of Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe 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 (Revised 1958 Agreement) (17), the Community has decided that those UNECE Regulations are part of Community law. It is therefore necessary to modify Part II of Annex IV in order to include them in the list of equivalence as provided for in Article 35(2).
(4)
Furthermore, the development of scientific and technical knowledge allows for the application of Directive 2005/55/EC, Directive 2005/64/EC, Directive 2005/66/EC, Directive 2006/40/EC and Regulation (EC) No 715/2007 to vehicles belonging to category M1 produced in small series and to special purpose vehicles. Similarly, it allows for the application of Directive 2003/97/EC to special purpose vehicles. It is therefore necessary to modify the appendix to Part I of Annex IV and Appendix 1, 2, 3, 4 and 5 to Annex XI.
(5)
It is therefore appropriate in view of ensuring the proper operation of the Community type-approval process to update the Annexes to Directive 2007/46/EC in order to adapt them to the development of scientific and technical knowledge.
(6)
The Annexes I, III, IV, VI, VII, XI and XV to Directive 2007/46/EC should be replaced accordingly.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee - Motor Vehicles,
HAS ADOPTED THIS REGULATION:
Article 1
Directive 2007/46/EC is amended as follows:
1.
Annex I is replaced by Annex I to this Regulation.
2.
Annex III is replaced by Annex II to this Regulation.
3.
Annex IV is replaced by Annex III to this Regulation.
4.
Annex VI is replaced by Annex IV to this Regulation.
5.
Annex VII is replaced by Annex V to this Regulation.
6.
Annex XI is replaced by Annex VI to this Regulation.
7.
Annex XV is replaced by Annex VII to this Regulation.
Article 2
This Regulation shall enter into force on the 29 April 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 October 2008.