Commission Directive 2002/41/EC
of 17 May 2002
adapting to technical progress Directive 95/1/EC of the European Parliament and of the Council on the maximum design speed, maximum torque and maximum net engine power of two- or three-wheel motor vehicles
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(1), as last amended by European Parliament and Council Directive 2000/7/EC(2) and in particular Article 16 thereof,
Having regard to Directive 95/1/EC of the European Parliament and of the Council of 2 February 1995 on the maximum design speed, maximum torque and maximum net engine power of two- or three-wheel motor vehicles(3), and in particular Article 4 thereof,
Whereas:
(1) Directive 95/1/EC is one of the separate directives under the Community type-approval procedure introduced by Directive 92/61/EEC. The provisions of Directive 92/61/EEC relating to systems, components and separate technical units for vehicles therefore apply to Directive 95/1/EC.
(2) In order to enable the full type-approval system to function properly, it is necessary to clarify or supplement certain requirements of Directive 95/1/EC.
(3) To that end, it is necessary to specify the values to be entered in the test report to ensure the consistent application of Directive 95/1/EC in the case of mopeds, motorcycles and tricycles with spark-ignition engines and two- or three-wheel motor vehicles with compression-ignition engines.
(4) Directive 95/1/EC should therefore be amended accordingly.
(5) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress set up under Article 13 of Council Directive 70/156/EEC(4), as last amended by Commission Directive 2001/116/EC(5),
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annexes to Directive 95/1/EC are amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 July 2003, Member States may not, on grounds relating to the maximum design speed, maximum torque and maximum net engine power:
- refuse to grant EC type-approval for a type of two- or three-wheel motor vehicle, or
- prohibit the registration, sale or entry into service of two- or three-wheel motor vehicles;
if the maximum design speed, maximum torque and maximum net engine power of the vehicles comply with the requirements of Directive 95/1/EC, as amended by this Directive.
2. With effect from 1 January 2004, Member States shall refuse to grant EC type-approval for any new type of two- or three-wheel motor vehicle on grounds relating to the maximum design speed, maximum torque and maximum net engine power if the requirements of Directive 95/1/EC, as amended by this Directive, are not fulfilled.
Article 3
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2003 at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the main provisions of national law that they adopt in the field covered by this Directive.
Article 4
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 17 May 2002.