COUNCIL DECISION
of 13 March 2006
amending Decisions 2001/507/EC and 2001/509/EC with a view to making United Nations Economic Commission for Europe (UN/ECE) Regulation Nos 109 and 108 on retreaded tyres compulsory
(2006/443/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (“Revised 1958 Agreement”) (1), and in particular Article 3(3), the second indent of Article 4(2) and Article 4(4) thereof,
Having regard to the proposal from the Commission,
Having regard to the assent of the European Parliament (2),
Whereas:
(1)
The UN/ECE Regulation Nos 109 and 108 lead to harmonised requirements for the retreading of tyres and to a high level of safety and environmental protection. They enable the free circulation of retreaded tyres.
(2)
By Decision 97/836/EC the Community became a Contracting Party to the UN/ECE Revised 1958 Agreement. By Decisions 2001/507/EC (3) and 2001/509/EC (4) the Community acceded to UN/ECE Regulations 109 and 108, respectively. By acceding to those Regulations, the Community committed to accept them as alternatives to Community legislation, in accordance with the provisions of Articles 2 and 3 of the Revised 1958 Agreement. However, in order to apply those Regulations on a compulsory basis, a provision to that end should be laid down in Community law pursuant to Article 4(4) of Decision 97/836/EC.
(3)
In view of the limited scope of the needed regulatory action, it is not appropriate to provide for the compulsory application of both Regulations by adopting a Directive as envisaged in Decisions 2001/507/EC and 2001/509/EC.
(4)
Decisions 2001/507/EC and 2001/509/EC should be amended accordingly,
HAS DECIDED AS FOLLOWS:
Article 1
Decision 2001/507/EC is amended as follows:
1.
The sole Article is replaced by the following:
“Sole Article
The European Community shall accede to Regulation 109 of the United Nations Economic Commission for Europe concerning the approval for the production of retreaded pneumatic tyres for commercial vehicles and their trailers.
As from 13 September 2006 the provisions of Regulation 109 as set out in the Annex shall apply as a compulsory condition for the placing on the market in the Community of retreaded tyres falling under the scope of that Regulation.”
2.
The text of UN/ECE Regulation 109 attached to Decision 2001/507/EC is replaced by the text set out in Annex I of this Decision.
Article 2
Decision 2001/509/EC is amended as follows:
1.
The sole Article is replaced by the following:
“Sole Article
The European Community shall accede to Regulation 108 of the United Nations Economic Commission for Europe concerning the approval for the production of retreaded pneumatic tyres for motor vehicles and their trailers.
As from 13 September 2006 the provisions of Regulation 108 as set out in the Annex shall apply as a compulsory condition for the placing on the market in the Community of retreaded tyres falling under the scope of that Regulation.”
2.
The text of UN/ECE Regulation 108 attached to Decision 2001/509/EC is replaced by the text set out in Annex II of this Decision.
Done at Brussels, 13 March 2006.