DIRECTIVE 2009/80/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 July 2009
on the identification of controls, tell-tales and indicators for two or three-wheel motor vehicles
(Codified version)
(Text with EEA relevance)
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,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
Council Directive 93/29/EEC of 14 June 1993 on the identification of controls, tell-tales and indicators for two- or three-wheel motor vehicles (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified.
(2)
Directive 93/29/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles as replaced by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (5) and lays down technical prescriptions concerning the design and construction of two or three-wheel motor vehicles as regards the identification of controls, tell-tales and indicators. These technical prescriptions concern the approximation of the laws of the Member States to allow for the EC type-approval procedure provided for in Directive 2002/24/EC to be applied in respect of each type of vehicle. Consequently the provisions laid down in Directive 2002/24/EC relating to vehicle systems, components and separate technical units apply to this Directive.
(3)
In order to facilitate access to the markets of non-Community countries an equivalence should exist between the requirements of this Directive and those of Regulation No 60 of the United Nations Economic Commission for Europe (6) (UNECE).
(4)
This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex III, Part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
This Directive applies to the identification of controls, tell-tales and indicators for all types of vehicles as referred to in Article 1 of Directive 2002/24/EC.
Article 2
The procedure for the granting of EC component type-approval in respect of the identification of controls, tell-tales and indicators for a type of two or three-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Chapters II and III of Directive 2002/24/EC.
Article 3
1. In accordance with the provisions of Article 11 of Directive 2002/24/EC, equivalence between the requirements laid down in this Directive and those laid down in UNECE Regulation No 60 is hereby acknowledged.
2. The authorities of the Member States which grant EC component type-approval shall accept approvals granted in accordance with the requirements of the UNECE Regulation referred to in paragraph 1 as well as component type-approval marks as an alternative to the corresponding approvals granted in accordance with the requirements of this Directive.
Article 4
This Directive may be amended in accordance with the procedure referred to in Article 18(2) of Directive 2002/24/EC in order to:
(a)
take into account any amendments to the UNECE Regulation referred to in Article 3;
(b)
adapt Annexes I and II to technical progress.
Article 5
1. Member States shall not, on grounds relating to the identification of controls, tell-tales and indicators:
-
refuse to grant EC type-approval for a type of two or three-wheel motor vehicle, or,
-
prohibit the registration, sale or entry into service of two or three-wheel motor vehicles,
if the identification of controls, tell-tales and indicators complies with the requirements of this Directive.
2. Member States shall refuse to grant EC type-approval for any new type of two or three-wheel motor vehicle on grounds relating to the identification of controls, tell-tales and indicators if the requirements of this Directive are not fulfilled.
3. 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 6
Directive 93/29/EEC, as amended by the Directive listed in Annex III, Part A, is repealed without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex III, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex IV.
Article 7
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 13 July 2009.