COUNCIL DIRECTIVE 92/22/EEC of 31 March 1992 on safety glazing and glazing materials on 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 measures should be adopted with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;
Whereas the total-harmonization method will be essential in order fully to achieve the single market;
Whereas this method will have to be used at the time of the revision of the entire EEC type-approval procedure, taking account of the spirit of the Council resolution of 7 May 1985 concerning a new approach to the question of technical harmonization and standardization;
Whereas the requirements relating to safety glazing differ from one Member State to another; whereas it is consequently necessary for the same requirements to be adopted by all of the Member States, either in addition to or in place of the existing rules, in order, in particular, to permit implementation, for each type of vehicle, of the EEC type-approval procedure covered by 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 (4), as last amended by Directive 87/403/EEC (5);
Whereas any rules on safety glazing shall contain not only requirements relating to its structure but also to its fitting to vehicles;
Whereas by means of a harmonized procedure for the component type-approval of safety glazing, each Member State shall be able to confirm compliance with common requirements relating to manufacture and testing and to inform the other Member States of any such confirmation by forwarding a copy of the component type-approval certificate drawn up for each type of safety glazing; whereas the affixing of an EEC component type-approval mark to any type of safety glazing that conforme to the type that has been component type-approved means that the official testing of that type of glazing in other Member States is no longer justified;
Whereas the safety aspect of windscreens is especially important since, more than in the case of other types of glazing, they are likely to be subjected to violent impact either as a result of collisions or where there are external shocks and can thus be the cause of serious bodily injury; whereas, while aiming at the approximation of the laws of the Member States, the differences between which raise barriers to trade, the solution to be adopted must take account of the safety requirements of road traffic and the need to improve same,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States shall type-approve any type of safety glazing within the scope defined in Section 1 of Annex I that meets the structural and testing requirements.
2. Member States shall grant whole-vehicle type approval to any vehicle that complies with the fitting requirements laid down in Annex III.
3. The Member State which has granted EEC component type-approval shall take the necessary measures to verify, insofar as is necessary and if need be in cooperation with the competent authorities of the other Member States, that production models conform to the approved type.
Article 2
All applications for EEC component type-approval shall be made by the manufacturer or his authorized representative in a Member State. That Member State shall issue to the manufacturer or his authorized representative an EEC component type-approval mark in compliance with items 4.4 to 4.7 of Annex II for each type of safety glazing that it type-approves in pursuance of Article 1.
Member States shall take all necessary measures to prevent the use of any marks liable to create confusion between items of safety glazing that have already been component type-approved pursuant to Article 1.
Article 3
The competent authorities in each Member State shall, within one month, send to the competent authorities of the other Member States a copy of the component type-approval certificate drawn up for each type of safety glazing and with regard to its fitting, for each type of vehicle to which they grant whole-vehicle type-approval.
Article 4
No Member State may prohibit the marketing or use of safety glazing on grounds relating to its construction where that glazing bears the EEC component type-approval mark.
Article 5
1. If the Member State which has granted EEC component type-approval finds that a number of items of safety glazing bearing the same component type-approval mark do not conform to the approved type, it shall take the necessary measures to ensure that production models do so conform. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may, where necessary, extend to withdrawal of EEC component type-approval. The said authorities shall take like measures if they are informed by the competent authorities of another Member State of such failure to conform.
2. The competent authorities of the Member States shall inform each other, within one month, of any withdrawal of EEC component type-approval, and of the reasons for such a measure.
3. If the Member State which has granted EEC component type-approval disputes the failure to conform notified to it, the Member States concerned shall endeavour to settle the dispute. The Community shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.
Article 6
Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw component type-approval, or prohibit sale and use, shall state in detail the reasons on which it is based. Such decision 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 7
No Member State may refuse EEC whole-vehicle type-approval or national type-approval of a type of vehicle, or refuse or prohibit the sale, entry into service or use of a vehicle, on grounds relating to its safety glazing if this bears the EEC component type-approval mark and if it has been fitted in accordance with the requirements set out in Annex III.
Article 8
For the purposes of this Directive, 'vehicle' means any motor vehicle intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h as well as its trailer, with the exception of vehicles which run on rails, agricultural and forestry tractors or machinery, and construction plant and equipment.
The international classification of these vehicles shall be as set out in Note (b) of Annex I to Directive 70/156/EEC.
Article 9
Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 10
1. Member States shall adopt and publish the provisions necessary to comply with this Directive before 1 July 1992 and shall forthwith inform the Commission thereof.
When Member States adopt these measures, 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 a reference shall be laid down by the Member States.
They shall apply these provisions from 1 October 1992.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 11
This Directive is addressed to the Member States.
Done at Brussels, 31 March 1992.