COMMISSION DIRECTIVE of 13 April 1981 adapting to technical progress Council Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (81/334/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community,
Having regard to 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 (1), as last amended by Directive 80/1267/EEC (2), and in particular Article 13 thereof,
Having regard to Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (3), as last amended by Directive 77/212/EEC (4), and in particular Article 3 thereof,
Whereas, as a result of experience gained in this field, and bearing in mind the present state of the art, it is now possible to amend the requirements relating to the method of measuring the noise of moving and stationary vehicles in order to bring them more into line with real operating conditions;
Whereas the provisions of Article 3 of Directive 70/157/EEC exclude the modification of the limit values from the procedure of adaptation to technical progress ; whereas it is appropriate to insert, for information, in this Directive the limit values such as they appear in Directive 77/212/EEC ; whereas, however, it is planned to lower those values, in due time, in conformity with the procedure provided for this matter;
Whereas both exhaust systems and certain components thereof are marketed separately as spare parts ; whereas, in so far as they can also be checked before being fitted to a vehicle, their free movement could be facilitated by the establishment of an EEC type-approval procedure in respect of these separate systems considered as separate technical units within the meaning of Article 9a inserted into Directive 70/156/EEC by Directive 78/315/EEC (5);
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives aimed at the Removal of Technical Barriers to Trade in the Motor Vehicles Sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 70/157/EEC is hereby amended as follows: 1. Article 2 shall be replaced by the following:
"Article 2
No Member State may, on grounds relating to the permissible sound level and the exhaust system, refuse to grant EEC or national type-approval in respect of a type of motor vehicle or type of exhaust system or component of such a system regarded as a separate technical unit, - if the vehicle satisfies the requirements of Annex I as regards the sound level and exhaust system,
- if the exhaust system or any component thereof, considered as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC satisfies the requirements of Annex II."
2. Article 2a shall be replaced by the following:
"Article 2a
1. No Member State may, on grounds relating to the permissible sound level and the exhaust system, (1) OJ No L 42, 23.2.1970, p. 1. (2) OJ No L 375, 31.12.1980, p. 34. (3) OJ No L 42, 23.2.1970, p. 16. (4) OJ No L 66, 12.3.1977, p. 33. (5) OJ No L 81, 28.3.1978, p. 1. refuse or prohibit the sale, registration, entry into service or use of any vehicle in which the sound level and the exhaust system satisfy the requirements of Annex I.
2. No Member State may, on grounds relating to the permissible sound level and the exhaust system, prohibit the placing on the market of an exhaust system or any component thereof considered as a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC if, within the meaning of Article 2, it is of a type in respect of which a type-approval has been granted."
3. In Article 3, "items I.1 and I.4.1.4" shall be replaced by "items 5.2.2.1 and 5.2.2.5 of Annex I".
4. The Annex shall be replaced by Annexes I, II, III and IV to this Directive.
Article 2
1. With effect from 1 January 1982, no Member State may, on grounds relating to the permissible sound level and the exhaust system: - refuse to grant EEC type-approval, to issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC or to grant national type-approval, in respect of a type of motor vehicle, or
- prohibit the entry into service of vehicles,
if the sound level and the exhaust system of this type of vehicle, or the vehicles concerned, comply with the provisions of Directive 70/157/EEC, as amended by the present Directive.
2. With effect from 1 October 1984, a Member State: - shall no longer issue the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of motor vehicle in which the sound level and exhaust system do not comply with the provisions of Directive 70/157/EEC, as amended by the present Directive,
- may refuse to grant national type-approval in respect of a type of motor vehicle in which the sound level and exhaust system do not comply with the provisions of Directive 70/157/EEC, as amended by the present Directive.
3. With effect from 1 October 1985, Member States may prohibit the entry into service of vehicles in which the sound level and exhaust system do not comply with the provisions of Directive 70/157/EEC, as amended by the present Directive.
Article 3
By 1 January 1982, Member States shall apply the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 13 April 1981.