COUNCIL DIRECTIVE 92/21/EEC of 31 March 1992 on the masses and dimensions of motor vehicles of category M1
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 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 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 technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to their masses and dimensions;
Whereas those requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements, either in addition to or in place of their existing rules in order to allow, in particular, the EEC type-approval procedure which was the subject of 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), to be applied in respect of each type of vehicle;
Whereas this Directive will be supplemented by Directives relating to the masses and dimensions of all categories of motor vehicles and their trailers;
Whereas it is not necessary to lay down requirements concerning the dynamic stability of combinations of motor vehicles and trailers since the manufacturers of motor vehicles take this aspect into account when stating the maximum technically permissible towable mass,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive, 'vehicle' means any motor vehicle in category M1 as defined in Annex I to Directive 70/156/EEC, intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 2
No Member State may refuse EEC type-approval or national type-approval of a type of vehicle, or refuse or prohibit the sale, registration, entry into service or use of a vehicle on grounds relating to its masses and dimensions if these satisfy the requirements set out in Annex I.
Article 3
Any amendments necessary to adapt the requirements of the Annexes to this Directive to technical progress shall be adopted by the Commission in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 4
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 provisions, they shall contain a reference to this Directive or 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 domestic law which they adopt in the field covered by this Directive.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 31 March 1992.