Commission Directive 2003/19/EC
of 21 March 2003
amending, for the purposes of adapting to technical progress, Directive 97/27/EC of the European Parliament and of the Council relating to the masses and dimensions of certain categories of motor vehicles and their trailers
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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(1), as last amended by Commission Directive 2001/116/EC(2), and in particular Article 13(2) thereof,
Whereas:
(1) Directive 97/27/EC of the European Parliament and of the Council of 22 July 1997 relating to the masses and dimensions of certain categories of motor vehicles and their trailers and amending Directive 70/156/EEC(3), as amended by Directive 2001/85/EC(4), is one of the separate Directives under the EC type-approval procedure established by Directive 70/156/EEC. The provisions of Directive 70/156/EEC relating to vehicle systems, components and separate technical units therefore apply to Directive 97/27/EC.
(2) In the light of experience gained with the application of Directive 97/27/EC, it is necessary to amend and to specify more precisely certain provisions contained therein in order to ensure uniform interpretation in all Member States.
(3) Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic(5), as amended by Directive 2002/7/EC of the European Parliament and of the Council(6), increases the authorised dimensions of certain motor vehicles and in particular the maximum length of buses and coaches. In order to allow the EC type-approval of vehicles reaching the maximum authorised length it is necessary to amend the requirements of Directive 97/27/EC accordingly.
(4) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes I to IV to Directive 97/27/EC are amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 October 2003, in the case of vehicles which comply with the requirements of Directive 97/27/EC, as amended by this Directive, Member States shall not, on grounds relating to the masses and dimensions:
(a) refuse, in respect of a type of motor vehicle of category M2, M3, N or O, to grant EC type-approval or national type-approval; or
(b) refuse, in respect of a type of motor vehicle of category M2, M3, N or O, to assign registration/in-service masses in accordance with Annex IV (where required); or
(c) prohibit the registration, sale or entry into service of such vehicles.
2. With effect from 1 October 2004, Member States shall not grant EC type-approval, and may refuse to grant national type-approval, for a type of vehicle of category M2, M3, N or O on grounds relating to its masses and dimensions, if the requirements of Directive 97/27/EC, as amended by this Directive, are not fulfilled.
Article 3
This Directive shall not invalidate any approvals granted pursuant to Directive 97/27/EC, nor prevent the extension of such approvals in accordance with the Directive under which they were granted.
Article 4
The United Kingdom and Portugal may, within their territory until 9 March 2005, refuse to grant national type-approval of a vehicle type, or refuse or prohibit the sale, registration, entry into service or use of a vehicle, or consider its certificate of conformity as not valid within the meaning of Article 7(1) of Directive 70/156/EEC if the vehicle does not comply with the manoeuvrability criteria specified in Article 8(a) of Directive 96/53/EC.
Article 5
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 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 reference on the occasion of their official publication. Member States shall determine how such reference is made.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 6
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 21 March 2003.