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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189b of the Treaty (3) in the light of the joint text approved by the Conciliation Committee on 4 February 1997,
(1) Whereas it is necessary to adopt measures that are intended to ensure the operation of the internal market;
(2) Whereas, in each Member State, two or three-wheel motor vehicles must, in respect of the components and characteristics covered by this Directive, satisfy certain mandatory technical requirements which differ from one Member State to another; whereas, owing to those differences, such requirements constitute barriers to trade within the Community; whereas those barriers to the operation of the internal market may be removed if the same requirements are adopted by all of the Member States in place of their national regulations;
(3) Whereas the drawing-up of harmonized requirements concerning those components and characteristics of two and three-wheel motor vehicles is necessary in order to enable the type-approval and component type-approval procedures covered by Council Directive 92/61/EEC of30 June 1992 relating to the type-approval of two or three-wheel vehicles (4) to be implemented in respect of each type of the aforesaid vehicles;
(4) Whereas, in order to facilitate access to markets in third countries, it appears necessary to establish equivalence between the requirements of Chapters 1 (tyres), 2 (lighting and light-signalling devices), 4 (rear-view mirrors) and 11 (safety belts) of the Annex to this Directive and those of United Nations ECE Regulations Nos 30, 54, 64 and 75 in respect of tyres, 3, 19, 20, 37, 38, 50, 56, 57, 72 and 82 in respect of lighting and light-signalling devices, 81 in respect of rear-view mirrors and 16 in respect of safety belts;
(5) Whereas, with regard to the aspects concerning the protection of the environment, namely atmospheric and noise pollution, it is necessary to pursue the aim of constantly improving the environment; whereas, for this purpose, limit values for pollutants and sound level must be laid down for the fastest possible application; whereas subsequent reductions in the limit values and changes in the testing procedure may be decided upon only on the basis of studies and research to be undertaken or pursued into the available or conceivable technological potential and into an analysis of their cost/benefit ratios in order to permit production, on an industrial scale, of vehicles which are able to meet these more stringent limits; whereas the decision on that subsequent reduction must be taken by the European Parliament and the Council at least three years before these limit values enter into force in order to enable the industry to take the necessary measures whereby their products may, by the intended date, comply with the new Community provisions; whereas the Decision of the European Parliament and of the Council will be based on proposals to be submitted by the Commission in due course;
(6) Whereas, pursuant to the provisions of Directive 92/61/EEC, the components and characteristics covered by this Directive may not be placed on the market and sold in the Member States unless they comply with the provisions of this Directive;whereas the Member States must take all the necessary measures to ensure fulfilment of the obligations resulting from this Directive.
(7) Whereas Member States should be enabled, by granting tax incentives, to promote the marketing of vehicles which, in advance, meet the requirements adopted at Community level concerning measures to counter pollutant and noise emissions;
(8) Whereas the methods of measuring the immunity of vehicles and separate technical units to electromagnetic radiation in order to check compliance with the provisions concerning electromagnetic compatibility (Chapter 8) require complex and costly installations; whereas, in order to enable Member States to provide such installations, provision should be made for deferring application of these measuring methods by three years from the entry into force of this Directive;
(9) Whereas, given the scale and impact of the action proposed in the sector in question, the Community measures which are the subject of this Directive are necessary, or even indispensable, to attain the objectives set, namely Community vehicle type approval; whereas these objectives cannot be adequately achieved by the Member States individually;
(10) Whereas technical progress requires rapid adaptation of the technical requirements set out in the Annex to this Directive; whereas, with the exception of the limit values for pollutants and sound level, this task should be assigned to the Commission in order to simplify and speed up the procedure; whereas, in all cases where the European Parliament and the Council confer upon the Commission authority to implement rules laid down in the two or three-wheel motor vehicle sector, it is appropriate to provide for a procedure for prior consultation between the Commission and Member States within a committee;
(11) Whereas safety or environmental requirements call for restrictions on tampering with certain types of two or three-wheel vehicle; whereas, if they are not to prove an obstacle to owner servicing and maintenance, such restrictions must be strictly limited to tampering which significantly modifies the vehicle's performance and pollutant and noise emissions;
(12) Whereas, a long as vehicles conform to the requirements of this Directive, no Member State may refuse registration or use of them; whereas the object of the requirements of this Directive should not be to oblige those Member States which do not allow two or three-wheel motor vehicles in their territory to tow a trailer to amend their rules,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
This Directive and its Annex shall apply to:
- tyres,
- lighting and light-signalling devices,
- external projections,
- rear-view mirrors,
- measures to counter air pollution,
- fuel tanks,
- measures to counter tampering,
- electromagnetic compatibility,
- permissible sound level and exhaust systems,
- coupling devices and attachments,
- safety belt anchorages and safety belts,
- glazing, windscreen wipers and washers and de-icing and demisting devices,
for all types of vehicles as defined in Article 1 of Directive 92/61/EEC.
Article 2
Within three years following the date referred to in the third subparagraph of Article 8 (1), the Commission shall carry out a detailed study to ascertain whether the anti-tampering measures for vehicles, particularly those in categories A and B referred to in Chapter 7 of the Annex to this Directive, can be considered appropriate, inadequate or too extreme in light of the intended aims. In the basis of the conclusions of the study, the Commission will, if necessary, propose new legislative measures.
Article 3
1. The procedures governing the granting of component type-approval in respect of tyres, lighting and light-signalling devices, rear-view mirrors, fuel tanks, exhaust systems, safety belts and glazing for a type of two or three-wheel motor vehicle and the component type approval of a type of tyre, lighting and light-signalling device, rear-view mirror, fuel tank, exhaust system, safety belt and glazing, in the form of components, and the conditions applying to the free movement of such vehicles and for the free placing on the market of components shall be those set out in Chapters II and III respectively of Directive 92/61/EEC.
2. The procedure governing the granting of component type-approval in respect of external projections, measures to counter air pollution, measures to counter tampering, electromagnetic compatibility, permissible sound level, coupling devices for trailers and sidecar attachments, safety belt anchorages, windscreen wipers and washers and de-icing and demisting devices for a type of two or three-wheel motor vehicle, and the conditions applying to the free movement of such vehicles, shall be those set out in Chapters II and III respectively of Directive 92/61/EEC.
Article 4
1. In accordance with the provisions of Article 11 of Directive 92/61/EEC, the equivalence shall be recognized of the requirements of Chapters 1 (tyres), 2 (lighting and light-signalling devices), 4 (rear-view mirrors) and 11 (safety belts) of the Annex to this Directive and those of United Nations ECE Regulations Nos 30 (5), 54 (6), 64 (7) and 75 (8) in respect of tyres, 3 (9), 19 (10), 20 (11), 37 (12), 38 (13), 50 (14), 56 (15), 57 (16), 72 (17) and 82 (18) in respect of lighting and light-signalling devices, 81 (19) in respect of rear-view mirrors, and 16 (20) in respect of safety belts, in the version in force on the date on which this Directive is adopted.
For the purposes of applying the equivalence provided for in the first subparagraph, the installation requirements in Chapters 1 and 11 shall also apply to devices approved in accordance with the corresponding United ECE Regulations.
2. The Member States' authorities granting component type approval shall accept component type approvals issued in accordance with the requirements of the Regulations referred to in paragraph 1, and component type-approval marks, instead of the corresponding component type approvals and componenttype-approval marks issued in accordance with the requirements of this Directive.
Article 5
1. Within 24 months from the date of adoption of this Directive, the Commission shall submit to the European Parliament and to the Council a proposal prepared on the basis of research and an assessment of the costs and benefits deriving from the application of tightened-up limit values and laying down a subsequent stage during which measures will be adopted aimed at further tightening of the limit values for pollutants and the sound level of the vehicles concerned, as laid down respectively in Chapter 5, Annex II, Tables I and II and Chapter 9, Annex I. In its proposal, the Commission shall take into account and assess the cost-effectiveness of the various measures for reducing pollutant and noise emissions and shall present proportionate and reasonable measuring having regard to the intended aims.
2. The Decision of the European Parliament and of the Council, adopted on the basis of the Commission proposal referred to in paragraph 1, which shall be adopted by 1 January 2001, shall take account of the need to incorporate factors other than simply limit values which have been tightened up. The costs and benefits deriving from the implementation of the measures provided for in the said Decision shall be researched and assessed, jointly with interested parties such as industry, users and groups representing consumers or the public and these shall be proportionate and reasonable in the light of the intended aims.
Article 6
1. Member States may make provision for tax incentives only for motor vehicles conforming to the air-pollution and noise-pollution measures laid down in Chapter 5, Annex I, section 2.2.1.1.3 and Annex II, Tables I and II and Chapter 9, Annex I respectively of this Directive.
2. The incentives referred to in paragraph 1 must be in line with the provisions of the Treaty and meet the following conditions:
- they shall be valid for all new vehicles placed on the market of a Member State which, in advance, comply with the requirements of this Directive referred to in paragraph 1,
- they shall cease upon the mandatory implementation of the measures referred to in paragraph 1,
- they shall, for each type of motor vehicle, involve lower amounts than the extra cost of the technical solutions applied and of their incorporation into the motor vehicle to enable the values laid down to be met.
3. The Commission shall be informed in good time of any intentions to introduce or alter any of the tax incentives referred to in paragraph 1, so that it can submit its comments.
Article 7
The changes needed:
- to take into account any amendments to the United Nations ECE Regulations referred to in Article 4,
- to adapt the Annex to technical progress - apart from the limit values for air and noise pollution set out in Chapter 5, Annex I, section 2.2.1.1.3, and Annex II, Tables I and II, and in Chapter 9, Annex I respectively,
shall be adopted in accordance with the procedure laid down in Article 13 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 (21).
Article 8
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 18 December 1998. They shall forthwith inform the Commission thereof.
From the date referred to in the first subparagraph, Member States may no longer prohibit the first entry into service of vehicles complying with the provisions of this Directive or of certain of its chapters.
They shall apply these provisions from 17 June 1999.
However, the implementation of certain provisions in Chapters 5, 8 and 9 shall be deferred as specified in the said chapters.
2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
Article 9
1. Council Directive 80/780(EEC of 22 July 1980 on the approximation of the laws of the Member States relating to rear-view mirrors for two-wheeled motor vehicles with or without a side-car and to their fitting on such vehicles (22) shall be repealed when this Directive becomes applicable.
2. However, components for which approvals as laid down in Annex I to the Directive referred to in paragraph 1 have been granted may continue to be used.
3. Council Directive 78/1015/EEC of 23 November 1978 on the approximation of the laws of the Member States on the permissible sound level and exhaust system of motorcycles (23) shall be repealed on the date referred to the first subparagraph of Article 8.
4. Until the date referred to in the first subparagraph of Article 8 (1), approvals as referred to in Directive 78/1015/EEC may be granted for type approvals of vehicles referred to in Directive 92/61/EEC. The limit values laid down for noise levels in Annex I, section 2.2.1 of Directive 78/1015/EEC shall apply.
Article 15 (4) (c) of Directive 92/61/EEC shall therefore apply when such vehicles are first put into service.
5. On the entry into force of this Directive, the provisions of Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility (24) shall cease to apply to vehicles covered by this Directive.
Article 10
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 11
This Directive is addressed to the Member States.
Done at Brussels, 17 June 1997.