Commission Directive 2003/77/EC
of 11 August 2003
amending Directives 97/24/EC and 2002/24/EC of the European Parliament and of the Council relating to the type-approval 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,
Having regard to 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), as amended by Directive 2002/51/EC(3), and in particular Article 7 thereof,
Whereas:
(1) Directive 97/24/EC is one of the separate Directives for the purposes of the EC type-approval procedure laid down by Council Directive 92/61/EEC(4), which is to be repealed by Directive 2002/24/EC with effect from 9 November 2003.
(2) Directive 2002/51/EC of the European Parliament and of the Council of 19 July 2002 on the reduction of the level of pollutant emissions from two- and three-wheel motor vehicles and amending Directive 97/24/EC introduced new emission limit values for two-wheel motorcycles. Those limit values are applicable in two stages, the first stage with effect from 1 April 2003 for any type of vehicle and the second stage with effect from 1 January 2006 for new types. For the second stage, the measurement of pollutant emissions from two-wheel motorcycles is based on the use of the elementary urban test cycle laid down in UN-ECE Regulation No 40 and the extra-urban driving cycle laid down in Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by gases from motor vehicles(5), as last amended by Commission Directive 2002/80/EC(6).
(3) Directive 97/24/EC, as amended by Directive 2002/51/EC, specified the Type I test cycle for measuring pollutant emissions from two- and three-wheel motor vehicles. That test cycle should be completed by the Commission, through the Committee for Adaptation to Technical Progress established by Article 13 of Directive 70/156/EEC, and should be applicable from 2006.
(4) It is necessary to clarify certain aspects of the Type II test data for annual roadworthiness testing, as required by Directive 2002/51/EC, and to provide for the recording of that test data in Annex VII to Directive 2002/24/EC.
(5) Directives 97/24/EC and 2002/24/EC should therefore be amended accordingly.
(6) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex II to Chapter 5 of Directive 97/24/EC is amended in accordance with Annex I to this Directive.
Article 2
Annex VII to Directive 2002/24/EC is amended in accordance with Annex II to this Directive.
Article 3
1. Member States shall adopt and publish, by 4 September 2004 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 4 September 2004.
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 that of its publication in the Official Journal of the European Union.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 11 August 2003.