COUNCIL DIRECTIVE No 92/53/EEC of 18 June 1992 amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers
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 Directive 70/156/EEC (4) laid down the Community type-approval procedure for vehicles, components and separate technical units built in compliance with the technical requirements set out in separate Directives and also the complete list of vehicle systems, components and separate technical units covered by these Directives;
Whereas in the interest of the establishment and operation of the internal market of the Community it appears appropriate to replace the existing type-approval systems of the Member States by the Community type-approval procedure;
Whereas, in order that the said type-approval procedure may achieve its objective in the most effective manner it appears necessary to make its administrative provisions more precise and comprehensive; whereas this implies, inter alia, that these provisions allow for the type-approval of a whole vehicle to be established by compilation of approvals of its constituent systems, components and separate technical units, if the manufacturer so desires, and in the case of vehicles built in several stages involving several manufacturers, by compilation of the approvals of the different stages of completion;
Whereas a vehicle may comply with the provisions of this Directive but nevertheless have certain features which demonstrably present a potential risk for road safety; whereas it is therefore desirable to allow the Member States to refuse to approve such vehicle types as well as to prohibit the sale and entry into service and refuse registration of the said vehicles; whereas for the latter case appropriate conditions are established;
Whereas the mandatory nature of the Community type-approval procedure makes it necessary to allow for exemptions and lay down alternative procedures for vehicles either designed for special purposes or built in small series or incorporating new technologies not yet covered by the provisions of the separate Directives;
Whereas in order to facilitate the access to the markets of countries outside the Community it appears appropriate to allow, under certain conditions, for the acceptance of system, component and separate technical unit approvals based on equivalent international and third-country regulations; whereas equivalence of such regulations is to be established in application of the relevant provisions of the Treaty;
Whereas in order to ensure the necessary transparancy of the Community type-approval procedures it is necessary to lay down provisions according to which the Member States shall notify each other and the Commission of their approval authorities and technical services as well as provisions on the quality criteria with which the latter have to comply;
Whereas since the Annexes to the present Directive are complete only for vehicles of category M1, the Directive applies only to the type-approval of such vehicles; whereas it appears advisable that pending the completion of the Annexes by provisions relating to vehicles of all other categories, Member States should be allowed to continue to operate their national approval systems in relation to such vehicles in accordance with Article 10 of Directive 70/156/EEC;
Whereas, in order to allow for an adequate transition, both from the technical and administrative points of view, from the present optional regime of Community requirements to the mandatory type-approval procedure established by the present Directive, it appears appropriate to leave the manufacturers the option between the application of the procedure of the present Directive and that provided for in Article 10 of Directive 70/156/EEC for a period of three years; whereas approvals granted in application of the latter procedure should remain valid until 31 December 1997;
Whereas the aforementioned transitional provisions are not intended to allow the Member States to derogate from the provisions of separate Directives which are based on total harmonization,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 70/156/EEC is hereby amended as follows:
1. Articles 1 to 16 are replaced by the following Articles:
'Article 1
Scope
This Directive applies to the type-approval of motor vehicles and their trailers built in one or more stages, of systems, components and separate technical units intended for use on such vehicles and trailers.
It does not apply to:
- the approval of single vehicles except that Member States granting such approvals shall accept any valid system, component, separate technical unit or incomplete vehicle approval granted under this Directive instead of the relevant national requirement,
- 'quadricycles' whithin the meaning of Article 1 (3) of Council Directive 92/61/EEC relating to the type-approval of two- oder three-wheel motor vehicles (5)().
(6)() OJ No 225, 10. 8. 1992, p. 72.
Article 2
Definitions
For the purpose of this Directive:
- type-approval means the procedure whereby a Member State certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant technical requirements of this Directive or a separate Directive contained in the exhaustive list set out in Annex IV or XI,
- multi-stage type-approval means the procedure whereby one or more Member States certify that, depending on the state of completion, an incomplete or completed vehicle type satisfies the relevant technical requirements of this Directive,
- vehicle means any motor vehicle intended for use on the road, being complete or incomplete, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery,
- base vehicle means any incomplete vehicle, the vehicle identification number of which is retained during subsequent stages of the multi-stage type-approval process,
- incomplete vehicle means any vehicle which still needs completion in at least one further stage in order to meet all the relevant requirements of this Directive,
- completed vehicle means a vehicle resulting from the process of multi-stage type-approval which meets all the relevant requirements of this Directive,
- type of vehicle means vehicles of one category which do not differ in at least the essential respects specified in Annex II.B. A type of vehicle may contain variants and versions (see Annex II.B),
- system means any vehicle system such as brakes, emission control equipment, interior fittings, etc. which is subject to the requirements in any of the separate Directives,
- component means a device, such as a lamp, subject to the requirements of a separate Directive, intended to be part of a vehicle, which may be type-approved independently of a vehicle where the separate Directive makes express provisions for so doing,
- separate technical unit means a device, such as a rear protective device, subject to the requirements of a separate Directive, intended to be part of a vehicle, which may be type-approved separately but only in relation to one or more specified types of vehicle, where the separate Directive makes express provisions for so doing,
- manufacturer means the person or body who is responsible to the approval authority for all aspects of the type-approval process and for ensuring conformity of production. It is not essential that the person or body is directly involved in all stages of the construction of the vehicle, system, component or separate technical unit which is the subject of the approval process,
- approval authority means the competent authority of a Member State which is responsible for all aspects of type-approval of a type of vehicle, system, component or separate technical unit, to issue and (if appropriate) to withdraw approval certificates, to serve as the contact point with the approval authorities of the other Member States and which is responsible for verifying the manufacturer's conformity of production arrangements,
- technical service means the organization or body that has been appointed as a testing laboratory to carry out tests or inspections on behalf of the approval authority of a Member State. This function may also be carried out by the approval authority itself,
- information document means the document set out in Annex I or Annex III to this Directive or the corresponding Annex to a separate Directive that prescribes the information to be supplied by an applicant,
- information folder means the total folder or file of data, drawings, photographs, etc. supplied by the applicant to the technical service or the approval authority as prescribed in the information document,
- information package means the information folder plus any test reports or other documents that the technical service or the approval authority has added to the information folder in the course of carrying out their functions.
- index to the information package means the document in which is listed the contents of the information package suitably numbered or otherwise marked to clearly identify all pages.
Article 3
Application for type-approval
1. Applications for vehicle type-approval shall be submitted by the manufacturer to the approval authority of a Member State. An application shall be accompanied by an information folder containing the information required by Annex III, and by the approval certificates for each of the applicable separate Directives as required by Annex IV or XI; also, the information package in respect of each separate Directive shall be made available to the approval authority throughout the period up to the date when the approval is either issued or refused.
2. By way of derogation from paragraph 1, in the case where no approval certificates for any of the relevant separate Directives are available, the documents accompanying an application shall comprise an information folder containing the relevant information required by Annex I in relation to the separate Directives specified in Annex IV or XI and, where applicable, Part II of Annex III.
3. In the case of multi-stage type-approval the information to be supplied shall consist of:
- at stage 1: those parts of the information folder and the approval certificates as required for a complete vehicle which are relevant to the state of completion of the base vehicle,
- at the second and subsequent stages: those parts of the information folder and the approval certificates which are relevant to the current stage of construction and a copy of the approval certificate for the incomplete vehicle issued at the previous stage of build. In addition, the manufacturer shall supply full details of the changes and additions carried out by him to the incomplete vehicle.
4. Applications for system component or separate technical unit type-approval shall be submitted by the manufacturer to the approval authority of a Member State. An application shall be accompanied by an information folder, the contents of which is given in the information document in the relevant separate Directive.
5. No application in respect of one type of vehicle, system, component or separate technical unit may be submitted to more than one Member State. A separate application shall be submitted for each type to be approved.
Article 4
The type-approval process
1. Each Member State shall grant:
(a) vehicle type-approval to:
- vehicle types which conform to the particulars in the information folder and which meet the technical requirements of all the relevant separate Directives as prescribed in Annex IV,
- special-purpose vehicle types mentioned in Annex XI which conform to the particulars in the information folder and which meet the technical requirements of the separate Directives as denoted in the relevant column of Annex XI.
This process shall be satisfied by the procedures described in Annex V;
(b) multi-stage type-approval to base, incomplete or completed vehicle types which conform to the particulars in the information folder and which meet the technical requirements of the relevant separate Directives as prescribed in Annex IV or XI taking account of the state of completion of the vehicle type.
This process shall be satisfied by the procedures described in Annex XIV;
(c) system type-approval to vehicle types which conform to the particulars in the information folder and which meet the technical requirements of a relevant separate Directive;
(d) component or separate technical unit type-approval to all types of component or separate technical unit which conform to the particulars in the information folder and which meet the technical requirements contained in the relevant separate Directive which makes express provision for so doing.
2. However, if a Member State finds that a vehicle, system, component or separate technical unit which complies with the provisions of paragraph 1 is nevertheless, a serious risk to road safety, it may refuse to grant the type-approval. It shall forthwith inform the other Member States and the Commission thereof, stating the reasons on which its decision is based.
3. Each Member State shall complete all applicable sections of a type-approval certificate (models for which are given in Annex VI to this Directive and in an Annex to each of the separate Directives) for each type of vehicle, system, component or separate technical unit which it approves and, in addition, shall complete the relevant sections of the test results attachment to the vehicle approval certificate (the model for which is given in Annex VIII) and shall compile or verify the contents of the index to the information package. Approval certificates shall be numbered in accordance with the method described in Annex VII. The completed certificate and its attachments shall be delivered to the applicant.
4. Where the component or the separate technical unit to be approved fulfils its function or offers a specific feature only in conjunction with other parts of the vehicle and for this reason compliance with one or more requirements can be verified only when the component or separate technical unit to be approved operates in conjunction with other vehicle parts, whether real or simulated, the scope of the type-approval of the component or the separate technical unit must be restricted accordingly. The type-approval certificate for a component or a separate technical unit shall then include any restrictions on its use and shall indicate any conditions for fitting it. Observance of these restrictions and conditions shall be verified at the time of type-approval of the vehicle.
5. The approval authority of each Member State shall, within one month, send to the approval authorities of the other Member States a copy of the vehicle type-approval certificate (together with its attachments) for each vehicle type which it has approved or refused to approve or withdrawn.
6. The approval authority of each Member State shall send monthly to the approval authorities of the Member States a list (containing the particulars shown in Annex XIII) of the system, component or separate technical unit approvals it has granted, refused to grant or withdrawn during that month; in addition, on receiving an application from the approval authority of another Member State, it shall send forthwith a copy of the system, component or separate technical unit type-approval certificate and/or information package for each type of system, component or separate technical unit which it has approved or refused to approve or withdrawn.
Article 5
Amendments to approvals
1. The Member State which has granted type-approval must take the necessary measures to ensure that it is informed of any change in the particulars appearing in the information package.
2. The application for the amendment or extension of a type-approval shall be submitted exclusively to the Member State which granted the original type-approval.
3. In the case of system, component or separate technical unit approval, if particulars appearing in the information package have changed, the approval authority of the Member State in question shall:
- issue revised page(s) of the information package as necessary, marking each revised page to show clearly the nature of the change and the date of re-issue. On any occasion when revised pages are issued the index to the information package (which is attached to the approval certificate) shall also be amended to show the latest dates of revised pages, and
- issue a revised approval certificate (denoted by an extension number) if any information on it (excluding its attachments) has changed or if the requirements of the Directive have changed since the date currently on the approval. The revised certificate shall show clearly the reason for revision and the date of re-issue.
If the approval authorities of the Member State in question find that an amendment to an information package warrants fresh tests or checks it shall inform the manufacturer thereof and issue the documents mentioned above only after the conduct of successful fresh tests or checks.
4. In the case of vehicle approval, if particulars appearing in the information package have changed, the approval authority of the Member State in question shall:
- issue revised page(s) of the information package as necessary, marking each revised page to show clearly the nature of the change and the date of re-issue. On any occasion when revised pages are issued the index to the information package (which is attached to the approval certificate) shall also be amended to show the latest dates of revised pages, and
- issue a revised approval certificate (denoted by an extension number) if either further inspections are required or any information on the approval certificate (excluding its attachments) has changed or if the requirements of any of the separate Directives applicable to the date from which first entry into service is prohibited have changed since the date currently on the vehicle approval. The new certificate shall show clearly the reason for extension and the date of re-issue.
If the approval authority of the Member State in question finds that an amendment to an information package warrants fresh inspections it shall inform the manufacturer thereof and issue the documents mentioned above only after the conduct af successful fresh inspections. Any revised documents shall be sent to all other approval authorities within one month.
5. Where a vehicle type-approval is no longer valid because one or more of the separate Directive approvals referred to in its information package is no longer valid the approval authority of the Member State which granted that approval shall, within one month, communicate that fact to the approval authorities of the other Member States together with an indication of the relevant date or the vehicle identification number of the last vehicle produced in conformity with the old certificate.
Article 6
Certificate of conformity
1. The manufacturer, in his capacity as the holder of a vehicle type-approval, shall issue a certificate of conformity (models for which are given in Annex IX), which shall accompany each vehicle, whether complete or incomplete, manufactured in conformity with the approved vehicle type. In the case of an incomplete or completed vehicle type, the manufacturer shall complete only those items on side 2 of the certificate of conformity which have been added or changed at the current stage of approval and, if applicable, shall attach to this certificate all certificates of conformity delivered at the previous stage(s).
2. However, Member States may, for purposes of vehicle taxation or registration, after giving at least three months' notice to the Commission and the other Member States, request particulars not mentioned in Annex IX to be added to the certificate provided that such particulars are explicitly stated in the information package or can be derived from it by a simple calculation.
Member States may also request that the certificate of conformity contained in Annex IX be completed in such a way as to highlight the data necessary and sufficient for the purposes of taxation and registration by the national competent authorities.
3. The manufacturer, in his capacity as the holder of a type-approval for a component or separate technical unit shall affix to each component or unit manufactured in conformity with the approved type the trade name or mark, the type and/or, if the separate Directive so provides, the type-approval mark or number. However, in the latter case, the manufacturer may choose not to affix the trade name or mark and type.
4. The manufacturer, in his capacity as the holder of a type-approval certificate, which in accordance with the provisions of Article 4 (4) includes restrictions on its use, shall deliver with each component or unit manufactured detailed information on these restrictions and shall indicate any conditions for fitting it.
Article 7
Registration and entry into service
1. Each Member State shall register, permit the sale or entry into service of new vehicles on grounds relating to their construction and functioning if, and only if, they are accompanied by a valid certificate of conformity. In the case of incomplete vehicles, each Member State shall permit the sale of such vehicles but may refuse their permanent registration and entry into service so long as they are not completed.
2. Each Member State shall permit the sale or entry into service of components or separate technical units if, and only if, they comply with the requirement of the relevant separate Directive and the requirements referred to in Article 6 (3) provided that this shall not apply to components and separate technical units intended for use on vehicles which are fully or partially exempt from or not covered by this Directive.
3. If a Member State finds that vehicles, components or separate technical units of a particular type are a serious risk to road safety although they are accompanied by a valid certificate of conformity or are properly marked, then that State may, for a maximum period of six months, refuse to register such vehicles or may prohibit the sale or entry into service in its territory of such vehicles, components or separate technical units. It shall forthwith notify the other Member States and the Commission thereof, stating the reasons on which its decision is based. If the Member State which granted type-approval disputes the risk to road safety notified to it the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.
Article 8
Exemptions and alternative procedures
1. The requirements of Article 7 (1) do not apply to:
- vehicles intended for use by the armed services, civil defence, fire services and forces responsible for maintaining public order,
- vehicles approved in accordance with paragraph 2.
2. Each Member State may, at the request of the manufacturer, exempt from one or more of the provisions of one or more of the separate Directives:
(a) Vehicles produced in small series
In this case, the number of vehicles of a family of types per year registered, sold or entering service in that Member State shall be limited to not more than the number of units shown in Annex XII. Each year the Member States shall send to the Commission a list of such approvals. The Member State granting such an approval shall send a copy of the approval certificate and its attachments to the approval authorities of the other Member States designated by the manufacturer, stating the nature of exemptions which have been granted. Within three months these Member States shall decide whether, and for which number of units, they accept the type-approval for vehicles to be registered within their territory. For the purposes of approvals granted in accordance with this point (a), the requirements of Articles 3, 4, 5, 6, 10 and 11 shall apply only in so far as they are deemed to be relevant by the approval authority. Where an exemption is granted in accordance with this point (a) the Member State may require a relevant alternative provision;
(b) End-of-series vehicles
1. Within the quantitative limits contained in Annex XII, section B and for a limited period Member States may register and permit the sale or entry into service of new vehicles conforming to a type of vehicle whose type-approval is no longer valid under Article 5 (5).
This provision shall apply only to vehicles which:
- were in the territory of the European Community, and
- were accompanied by a valid certificate of conformity which had been issued
when the type-approval of the vehicle in question was still valid, but which had not been registered or put into service before the said type-approval lost its validity.
This option shall be limited to a period of 12 months for complete vehicles and 18 months for vehicles completed as from the date on which the type-approval lost its validity.
2. For paragraph 1 to be applied to one or more vehicle types of a given category, the manufacturer must submit a request to the competent authorities of the Member State which approved the corresponding type(s) of vehicle before the entry into force of the separate Directives or of the amendments thereto.
The request must specify the technical and/or economic reasons on which it is based.
If the request is accepted by the Member State, the latter must, within a month, send the competent authorities of the other Member States particulars of and reasons for the exemptions granted to the manufacturer together with the information provided for in Article 5 (5).
Each Member State concerned by the entry into service of such types of vehicle shall be responsible for ensuring that the manufacturer complies with the provisions of Annex XII B.
Member States shall each year send the Commission a list of exemptions granted and the reasons therefor.
(c) Vehicles, components or separate technical units incorporating technologies or concepts which cannot, due to their specific nature, comply with one or more of the requirements of one or more of the separate Directives
In this case, the Member State granting such an approval shall, within one month, send a copy of the approval certificate and its attachments to the approval authorities of the other Member States and shall forthwith send to the Commission a report containing:
- the reason why the technologies or concepts in question prevent the vehicle, component or separate technical unit from complying with the requirements of one or more of the relevant separate Directives,
- a description of the areas of safety and environmental protection concerned and the measures taken,
- a description of the tests and their results that demonstrate at least an equivalent level of safety and environmental protection as is provided by the requirements of one or more of the relevant separate Directives.
- proposals for amendments to the relevant separate Directives or new separate Directive(s) as applicable.
The Commission shall, in accordance with the procedure laid down in Article 13, decide within three months whether or not to approve the report.
If the Commission approves the report, the Member State may issue a type-approval in accordance with this Directive and the Commission will take the necessary steps to adapt the separate Directive(s) to which the derogation was granted. The validity of such type-approval is restricted to 24 months, but may be extended by the Commission upon request of the Member State which has granted the type-approval.
3. Approval certificates issued in accordance with paragraph 2, the models for which are shown in Annex VI, may not carry the heading 'EEC Vehicle Type-Approval Certificate', except in the case mentioned in 2 (c) where the Commission has approved the report.
Article 9
Acceptance of equivalent approvals
1. The Council may, acting by a qualified majority on a proposal from the Commission, acknowledge the equivalence between the conditions or provisions for type-approval of systems, components and separate technical units established by the present Directive and the procedures established by international regulations or regulations of third countries, in the framework of multilateral or bilateral agreements between the Community and third countries.
2. The equivalence of the international regulations listed in Part II of Annex IV with the corresponding separate Directives shall be recognized. The approval authorities of the Member States shall accept approvals according to those regulations and, where applicable, the pertaining approval marks, in lieu of the corresponding approvals and/or approvals marks according to the equivalent separate Directives. The listed international regulations shall be published in the Official Journal of the European Communities.
Article 10
Conformity of production arrangements
1. A Member State granting type-approval shall take the necessary measures in accordance with Annex X in relation to that approval to verify, if need be in cooperation with the approval authorities of the other Member States, that adequate arrangements have been made to ensure that production vehicles, systems, components or separate technical units, as the case may be, conform to the approved type.
2. A Member State which has granted a type approval shall take the necessary measures in accordance with Annex X in relation to that approval to verify, if need be in cooperation with the approval authorities of the other Member States, that the arrangements referred to in paragraph 1 continue to be adequate and that production vehicles, systems, components or separate technical units, as the case may be, continue to conform to the approved type. Verification to ensure that products conform to the approved type shall be limited to the procedures set out in section 2 of Annex X and in those separate Directives that contain specific requirements.
Article 11
Nonconformity with the approved type
1. There shall be failure to conform to the approved type where deviations from the particulars in the type-approval certificate and/or the information package are found to exist und where these deviations have not been authorized under Article 5 (3) or (4), by the Member State which granted the type-approval. A vehicle shall not be considered to deviate from the approved type where tolerances are permitted by separate Directives and these tolerances are respected.
2. If a Member State which has granted type-approval finds that vehicles, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the type it has approved, it shall take the necessary measures to ensure that production vehicles, components or separate technical units, as the case may be, again conform to the approved type. The approval authorities of that Member State shall advise those of the other Member States of the measures taken which may, where necessary, extend to withdrawal of type-approval.
3. If a Member State demonstrates that vehicles, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type it may request the Member State which granted the type-approval to verify that vehicles, components or separate technical units, as the case may be, in production conform to the approved type. Such action shall be taken as soon as possible and in any case within six months of the date of the request.
4. In the case of:
- vehicle type-approval where the nonconformity of a vehicle arises exclusively from the nonconformity of a system, component or separate technical unit, or
- multi-stage type-approval where the nonconformity of a completed vehicle arises exclusively from the nonconformity of a system, component or separate technical unit being part of the incomplete vehicle, or of the incomplete vehicle itself,
the vehicle-approval authority shall request the Member State(s) which granted any relevant system, component, separate technical unit or incomplete vehicle type-approval(s) to take the necessary action to ensure that vehicles in production again conform to the approved type. Such action shall be taken as soon as possible and in any case within six months of the date of the request, if necessary in conjunction with the Member State making the request. Where a failure to conform is established, the approval authorities of the Member State which granted the system, component or separate technical unit type-approval or the approval of the incomplete vehicle shall take the measures set out in paragraph 2.
5. The approval authorities of the Member States shall inform each other within one month of any withdrawal of type-approval and of the reasons for such a measure.
6. If the Member State which granted type-approval disputes the failure to conform notified to it the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.
Article 12
Notification of decisions and remedies available
All decisions taken pursuant to the provisions adopted in implementation of this Directive and refusing or withdrawing type-approval, or refusing registration or prohibiting sale, shall state in detail the reasons on which they are based. Any decisions 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 allowed for the exercise of such remedies.
Article 13
Adaptation of the Annexes
1. A Committee for Adaptation to Technical Progress hereinafter called 'the Committee', is hereby set up; it shall consist of representatives of the Member States with a representative of the Commission as Chairman.
2. All the amendments necessary for adapting:
- the Annexes to this Directive, or
- the provisions of the separate Directives, save as otherwise provided therein,
shall be adopted in accordance with the procedure laid down in paragraph 3. This procedure shall also apply to the introduction of provisions on the type-approval of separate technical units into the separate Directives.
3. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Regulation shall be weighted in the manner set out in that Article. The Chairman shall not vote.
The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.
If the measures envisaged are not in accordance with the opinion of the Committee or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.
4. Should the Council, acting on a proposal from the Commission, adopt a new separate Directive, it shall on the basis of that same proposal adopt appropriate amendments to the relevant Annexes to this Directive.
Article 14
Notification of approval authorities and technical services
1. The Member States shall notify to the Commission and to the other Member States the names and addresses of:
- the type-approval authorities and, if applicable, the disciplines for which the authorities are responsible, and
- the technical services which they have appointed, specifying for which test procedures each of these services has been appointed. The notified services must satisfy the harmonized standards on the operation of testing laboratories (EN 45001) subject to the following provisos:
(i) a manufacturer cannot be accredited as a technical service except where the separate Directives make express provision;
(ii) for the purposes of this Directive it is not considered exceptional for a technical service to use outside equipment, subject to the agreement of the approval authority.
2. A notified service shall be presumed to satisfy the harmonized standard but, where appropriate, the Commission may request Member States to provide supporting evidence.
Third country services may only be notified as an appointed technical service in the framework of a bilateral or multilateral agreement between the Community and the third country.';
2. Annexes I to III are replaced by the Annexes to this Directive.
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on or before 31 December 1992. They shall forthwith inform the Commission thereof. They shall apply these provisions from 1 January 1993.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. As far as vehicle type-approval is concerned, Member States shall apply this Directive only for vehicles of category M1 equipped with an internal combustion engine pending an amendment of the Annexes in accordance with Article 13 of Directive 70/156/EEC, as amended by this Directive, in order to include vehicles of category M1 powered by engines other than internal combustion engines and other vehicles categories. In the meantime, the provisions of Article 10 of Directive 70/156/EEC, as amended by Directive 87/403/EEC, shall be applicable to vehicle type-approval of the other vehicle categories.
3. Until 31 December 1995 for complete vehicles and until 31 December 1997 for completed vehicles following multi-stage type-approval, Member States shall apply Article 4 (1) of Directive 70/156/EEC, as amended by this Directive, only at the request of the manufacturer. In the meantime Member States shall grant national type-approval to, and permit registration, sale and entry into service of vehicles, components and separate technical units in accordance with the provisions of Article 10 of Directive 70/156/EEC, as amended by Directive 87/403/EEC.
4. Until 31 December 1997 for complete vehicles and until 31 December 1999 for completed vehicles following multi-stage type-approval, Article 7 (1) and (2) of Directive 70/156/EEC, as amended by this Directive, shall not apply to vehicles, components and separate technical units belonging to a type for which a national type-approval has been granted before 1 January 1996 or 1 January 1998 or to a type which a Member State has registered, permitted the sale or entry into service of before 1 January 1996 or 1 January 1998.
Approvals forming part of the national type-approval procedure referred to above which have been granted pursuant to the separate Directives shall remain in force after 31 December 1997 for complete vehicles, and after 31 December 1999 for vehicles completed following multi-stage type-approval, unless one of the conditions laid down in the second subparagraph of Article 5 (3) of Directive 70/156/EEC as amended by this Directive should apply.
5. Subject to Article 8 (2) (a) and (b) of Directive 70/156/EEC as amended by this Directive, paragraphs 3 and 4 shall not permit Member States to derogate from any provisions of a separate Directive which lays down requirements based on total harmonization in respect of the type-approval and initial entry into service of a vehicle, component or separate technical unit.
Article 3
Not later than 31 December 1994, on the basis of the relevant information communicated by the competent authorities, the Commission shall draw up a report on the application of the European type-approval procedures, paying particular attention to the derogations in Article 8 of Directive 70/156/EEC as amended by this Directive, and on the impact of the new principle of harmonization in the various Member States and where appropriate shall propose the amendments required to improve the type-approval arrangements, including the adaptation of the separate Directives to the new principle of harmonization, and to facilitate the entry into service of the vehicles in the Member States, which amendments shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC as amended by this Directive.
Article 4
This Directive is addressed to the Member States.
Done at Luxembourg, 18 June 1992.