COUNCIL DIRECTIVE of 13 March 1989 amending Directive 78/1015/EEC on the approximation of the laws of the Member States on the permissible sound level and exhaust systems of motorcycles (89/235/EEC)
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 shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;
Whereas Directive 78/1015/EEC (4), as last amended by Directive 87/56/EEC (5), lays down limits for the sound level of motorcycles and provisions governing exhaust systems fitted as original equipment to motorcycles;
Whereas replacement exhaust systems very frequently differ from original equipment; whereas this situation therefore
has, among other things, adverse effects on the sound emissions of motorcycles; whereas an EEC type-approval procedure for such replacement devices, making it possible to
establish that a type of device meets the technical requirements and checks laid down at Community level, is likely to be an adequate means of reducing the sound level of motorcycles in use and of affording the population additional protection against noise nuisances caused by such vehicles;
Whereas, to that end, Directive 78/1015/EEC should be amended by including provisions on exhaust systems as separate technical units to be marketed and used as replacement parts, so that such equipment may be regulated by Community requirements for ensuring effective protection against noise nuisances,
HAS ADOPTED THIS DIRECTIVE:
Article 1 Directive 78/1015/EEC is hereby amended as follows:
1. Article 2 is replaced by the following:
´Article 2
For the purposes of this Directive:
(a) ´´national type-approval'' means the administrative procedure known as:
- ´´agréation par type'' and ´´aanneming'', in Belgian law,
- ´´standardtypegodkendelse'', in Danish law,
- ´´allgemeine Betriebserlaubnis'', in German law,
- ´´egkrioh tzpoz'' in Greek law,
- ´´homologación de tipo'', in Spanish law,
- ´´réception par type'', in French law,
- ´´type-approval'', in Irish law,
- ´´omologazione'' or ´´approvazione del tipo'', in Italian law,
- ´´agréation'', in Luxembourg law,
- ´´typegoedkeuring'', in Dutch law,
- ´´aprovaçao de marca e modelo'', in Portuguese law,
- ´´type-approval'', in United Kingdom law;
(b) ´´EEC type-approval of replacement exhaust systems or components thereof as separate technical units'' means the measure whereby a Member State established that a type of replacement exhaust system or type of component thereof meets the technical requirements and successfully undergoes the checks set out in Annex II.'
2. In the second subparagraph of Article 3 (1), the reference to Annex II is replaced by a reference to
Annex III.
3. The following Article is inserted:
´Article 6a
Articles 3 to 6 shall apply mutatis mutandis to the EEC type-approval of replacement exhaust systems or components thereof as separate technical units as defined in Article 2 (b).
In such cases, the model certificate referred to in Article 3 shall be replaced by the model EEC type-approval certificate set out in Annex IV and the modification of one of the components or characteristics mentioned in Annex I, section 1.1, as referred to in Article 6, shall be replaced by the modification of one of the characteristics referred to in Annex I, section 1.3.'
4. The Annexes are amended and supplemented in accordance with the Annex hereto.
Article 2 1. As from 1 October 1989:
(a) no Member State may, on grounds concerning the permissible sound level and the original equipment exhaust system, refuse national type-approval for a type of motorcycle or EEC type-approval or national type-approval for a type of replacement exhaust system or type of component of such a system where such systems or components are regarded as separate technical units:
- if the motorcycle complies with the requirements of Annex I to Directive 78/1015/EEC, as amended by
this Directive, regarding the sound level and original equipment exhaust system,
- if the replacement exhaust system or components thereof as separate technical units comply with
the requirements of Annex II to Directive 78/1015/EEC, as amended by this Directive;
(b) no Member State may, on grounds concerning the permissible sound level and the original equipment exhaust system, refuse or prohibit the sale, registration, putting into service or use of motorcycles, or refuse or prohibit the placing on the market or use of replacement exhaust systems or components thereof as separate technical units:
- if the motorcycles comply with the requirements of Annex I to Directive 78/1015/EEC, as amended by this Directive, regarding the sound level and original equipment exhaust system,
- if the replacement exhaust systems or components thereof as separate technical units comply with
the requirements of Annex II to Directive 78/1015/EEC, as amended by this Directive.
2. As from 1 October 1990:
(a) Member States may no longer issue the certificate provided for in Article 3 (1) of Directive 78/1015/EEC for a type of motorcycle regarding the permissible sound level and original equipment exhaust system, nor the certificate provided for mutatis mutandis in that same paragraph of the Directive concerned, for a type of replacement exhaust system or component thereof as separate technical units, if they do not comply with the provisions of Directive 78/1015/EEC, as amended by this Directive;
(b) - Member States may, on grounds concerning the permissible sound level and original equipment exhaust system, refuse national type-approval for a type of motorcycle or type of replacement exhaust system or type of component of such a system as separate technical units, if they do not comply with the provisions of Directive 78/1015/EEC, as amended by this Directive,
- Member States may, on grounds concerning the permissible sound level and the original equipment exhaust system, refuse or prohibit the sale, registration, putting into service or use of motorcycles, or the placing on the market and use of replacement exhaust systems or components thereof as separate technical units, if they do not comply with the provisions of Directive 78/1015/EEC, as amended by this Directive.
3. As from 1 October 1991, Member States may prohibit the initial putting into service of motorcycles the sound level
and original equipment exhaust system of which do not comply with the provisions of Annex I to Directive 78/1015/EEC, as amended by this Directive.
Article 3 By 1 October 1989, Member States shall adopt and publish the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.
They shall apply those provisions from 1 October 1989.
Article 4 This Directive is addressed to the Member States.
Done at Brussels, 13 March 1989.