COMMISSION DIRECTIVE of 23 December 1985 adapting to technical progress Council Directive 71/320/EEC on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers (85/647/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 78/547/EEC(2), and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers(3), as last amended by Commission Directive 79/489/EEC(4),
Whereas, in view of experience gained and of the state of the art, it is now possible to make requirements more stringent and to match them more closely to actual test conditions;
Whereas it is now also possible to adopt provisions relating to braking systems with anti-lock devices; where such devices are fitted compliance with the corresponding provisions of this Directive is required;
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 Vehicle Sector;
Whereas the Commission in its two communications to the Council on Road Safety Year 1986(5) has included in its programme for legislative actions 'Improvements to the existing braking Directive' and whereas the provisions of this new Directive will contribute to the improvement of road safety,
HAS ADOPTED THIS DIRECTIVE
Article 1
Directive 71/320/EEC is amended as follows:
1.Article 2 is replaced by the following:
'Article 2 N° Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to its braking device if that vehicle is fitted with the devices specified in Annexes I to VIII and X to XII and if these devices satisfy the requirements set out therein.
2.Annexes I, II, III, IV, V, VII, VIII and IX to Directive 71/320/EEC are hereby amended and new Annexes X, XI and XII are added in accordance with the Annex to this Directive.'
Article 2
1. As from 1 October 1986 no Member State may, on grounds relating to braking devices:
-refuse, in respect of a type of vehicle, to grant EEC type-approval, or to issue the copy of the certificate provided for in the last indent of Articel 10 (1) of Directive 70/156/EEC, or to grant national type- approval, or -prohibit the entry into service of vehicles where the braking devices of such type of vehicle or of such vehicles comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.
2. As from 1 April 1987, Member States:
-shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive,
-may refuse to grant national type-approval of a type of vehicle of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.
3. As from 1 October 1988 Member States may prohibit the entry into service of vehicles of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.
Article 3
1. Before 1 October 1986, Member States shall bring into force the provisions necessary in order to comply with this Directive, and shall forthwith inform the Commission thereof.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 23 December 1985.