COMMISSION DIRECTIVE 2005/30/EC
of 22 April 2005
amending, for the purposes of their adaptation to technical progress, Directives 97/24/EC and 2002/24/EC of the European Parliament and of the Council, relating to the type-approval of two or three-wheel motor vehicles
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 (1), and in particular Article 7 thereof,
Having regard to Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two and three-wheel motor vehicles and repealing Council Directive 92/61/EEC (2), and in particular Article 17 thereof,
Whereas:
(1)
Directive 97/24/EC is one of the separate Directives for the purposes of the EC type approval procedure laid down by Directive 2002/24/EC.
(2)
Technical measures for the type-approval, as separate technical units, of replacement catalytic converters should be introduced in order to ensure an appropriate emissions performance. Measures should be introduced in order to aid enforcement in Member States through the marking of replacement catalytic converters and their packaging.
(3)
The Member State type-approval code for Malta and Cyprus, in Annex V to Directive 2002/24/EC, should be updated.
(4)
Directives 97/24/EC and 2002/24/EC should be amended accordingly.
(5)
The measures provided for this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The text annexed to Directive 97/24/EC is amended in accordance with Annex I to this Directive.
Article 2
Annexes II and V to Directive 2002/24/EC are amended in accordance with Annex II to this Directive.
Article 3
1. With effect from 18 May 2006 Member States shall not, in respect of new replacement catalytic converters which are intended to be fitted on vehicles that have been type-approved in accordance with Directive 97/24/EC:
(a)
refuse to grant EC type-approval pursuant to Article 4(1) of Directive 2002/24/EC;
(b)
prohibit the sale or installation on a vehicle.
2. With effect from 18 May 2006, Member States shall, on grounds relating to the measures to be taken against air pollution, permissible sound level or anti-tampering measures, no longer grant EC type-approval pursuant to Article 4(1) of Directive 2002/24/EC in respect of a new replacement catalytic converter which fails to comply with Directive 97/24/EC, as amended by this Directive.
Article 4
1. Member States shall adopt and publish, by 17 May 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 18 May 2006.
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 text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 5
This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 22 April 2005.