COUNCIL DIRECTIVE of 27 March 1991 on the approximation of the laws of the Member States relating to the spray-suppression systems of certain categories of motor vehicles and their trailers (91/226/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;
Whereas the technical requirements which certain categories of motor vehicles and their trailers must satisfy pursuant to national laws relate, inter alia, to the spray-suppression systems of such motor vehicles;
Whereas these requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements in order, in particular, to allow the implementation for each type of vehicle of the EEC type-approval procedure which was the subject of 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 (4), as last amended by Directive 87/403/EEC (5);
Whereas, with a view to improving road safety, it is important that all commercial vehicles in higher weight categories and with a certain minimum design speed should be equipped with efficient spray-suppression systems in order to retain water;
Whereas it is desirable to establish a single performance test for systems of this type on fitting to the various types of vehicles as a means of markedly improving the situation;
whereas for the EEC component type-approval of devices of this type account has been taken of the two types of devices currently on the marked, i.e. the energy-absorption type and the air/water separator type; whereas it has been necessary to provide for two different tests depending on the type of device to be approved;
Whereas, in the light of the studies, research and tests currently in progress, a performance test on the types of vehicles fitted with these devices will be established as soon as possible;
Whereas Member States should pay attention to the fact that the formation of spray depends also on the characteristics of the road surface, the tyre-tread configuration and the speed and aerodynamic characteristics of the vehicle;
Whereas the approximation of national laws relating to motor vehicles entails the mutual recognition by Member States of the inspections carried out by each of them on the basis of common requirements,
HAS ADOPTED THIS DIRECTIVE: Article 1 1. Member States shall grant EEC component type-approval for any type of device, hereinafter referred
to as 'spray-suppression device', intended to reduce the projection of spray from tyres of moving vehicles, if it satisfies the requirements regarding design and testing set out in Annex II and taking into account the definitions given in Annex I.
2. A Member State which has granted EEC component type-approval shall take the measures required to verify, in so far as is necessary and, if need be, in cooperation with the competent authorities of the other Member States, that production models conform to the approved type. For this purpose the Member State shall apply the requirements of Annex IV. Article 2 Member States shall, for each spray-suppression device which they approve pursuant to Article 1, issue to the
manufacturer or to his authorized representative an EEC component type-approval mark conforming to the model in Annex II, Appendix 3.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between spray-suppression devices which have been approved pursuant to Article 1 and other devices. Article 3 No Member State may prohibit the placing on the market
of spray-suppression devices on grounds relating to their construction and performance if they bear the EEC component type-approval mark.
Nevertheless, this provision shall not prevent a Member State from taking such measures with regard to spray-suppression devices bearing the EEC component type-approval mark which consistently fail to conform to the approved type.
The Member State concerned shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reason for its decision. The provisions of Article 5 shall also apply.
Devices shall be deemed not to conform to the approved
type, within the meaning of the second paragraph, if the requirements of Annex II have not been respected. Article 4 The competent authorities of each Member State shall, within one month, send the competent authorities of the other Member States copies of the EEC component type-approval certificates issued for each type of spray-suppression device which they approve or refuse to approve. Article 5 1. If the competent authorities of a Member State which has granted EEC component type-approval find that spray-suppression devices accompanied by certificates of conformity to a single type do not conform to the type approved by that Member State, they shall take the necessary measures to ensure that the conformity of production models to the approved type is restored. They shall advise the competent authorities of the other Member States of the measures taken, which may extend to withdrawal of EEC component type-approval.
The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
2. The competent authorities of the Member State shall, within one month, inform each other of a withdrawal of EEC component type-approval, by forwarding a copy of the component type-approval certificate, signed and dated and bearing in large letters the words 'EEC TYPE-APPROVAL WITHDRAWN', and adducing reasons for any such measure.
3. If the Member State which has granted the EEC component type-approval challenges the alleged lack of conformity, the Member States concerned shall endeavour to settle the disagreement. The Commission shall be kept informed. Where necessary, it shall arrange for appropriate discussions with a view of arriving at a solution. Article 6 Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EEC component type-approval for spray-suppression devices or prohibit their placing on the market or use shall set out in detail the reason on which it is based. Such decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits laid down for availing himself of such remedies. Article 7 For the purposes of this Directive, 'vehicle' means any motor vehicle in category N and any trailer in category O as defined in Annex I to Directive 70/156/EEC. Article 8 No Member State may refuse to grant EEC type-approval or national type-approval for vehicles, or refuse or prohibit their sale, registration, placing in service or use on grounds relating to their spray-suppression system if these are fitted
in accordance with the requirements of Annex III and if
the spray-suppression devices with which the vehicles are equipped bear the EEC component type-approval mark. Article 9 Any amendments necessary in order to adapt the requirements of the Annexes to this Directive to take account of technical progress shall be adopted in accordance with
the procedure laid down in Article 13 of Directive 70/156/EEC. Article 10 1. Member States shall bring into force the provisions necessary in order to comply with this Directive by 10 April 1992. They shall forthwith inform the Commission thereof.
2. Member States shall communicate the main provisions of national law which they adopt in the field covered by this Directive to the Commission.
3. When Member States adopt the provisions referred
to in paragraph 1, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
Article 11
This Directive is addressed to the Member States.
Done at Brussels, 27 March 1991.