DIRECTIVE 95/1/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 2 February 1995 on the maximum design speed, maximum torque and maximum net engine power of two or three-wheel motor vehicles
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,
Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles (),
Having regard to the proposal from the Commission (),
Having regard to the opinion of the Economic and Social Committee (),
Acting in accordance with the procedure referred to in Article 189b of the Treaty (),
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 measures required for that purpose need to be adopted;
Whereas the methods of measuring the maximum design speed, maximum torque and net engine power of two or three-wheel motor vehicles differ from one Member State to another; whereas as a result of their differences, such methods constitute barriers to trade within the Community;
Whereas the barriers to the operation of the internal market may be removed if the same requirements are adopted by all Member States in place of their national rules;
Whereas it is necessary to draw up harmonized requirements for methods of measuring the maximum design speed, maximum torque and maximum net engine power of two or three-wheel motor vehicles in order to enable the type-approval and component type-approval procedures laid down in Directive 92/61/EEC to be applied for each type of such vehicle,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
This Directive applies to the methods of measuring the maximum design speed, maximum engine torque and the net maximum engine power of all the types of vehicle defined in Article 1 of Council Directive 92/61/EEC.
Article 2
The procedure for the granting of component type-approval in respect of the maximum design speed, maximum engine torque and the maximum net engine power (measuring methods) of a type of two or three-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Directive 92/61/EEC.
Article 3
Within two years of the adoption of this Directive the Commission shall carry out a comprehensive new study to establish whether there is a link between accidents and maximum engine power above 74 kW. The study shall collate and evaluate the latest scientific research findings and carry out appropriate new research with a view to establishing definitive policy recommendations on this subject. On the basis of the study's conclusions, the Commission shall, if necessary, propose new legislative measures.
Article 4
Any amendments necessary to adapt the requirements of Annexes I and II to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC ().
Article 5
1. Member States shall adopt and publish the provisions necessary to comply with this Directive not later than 2 August 1996. They shall forthwith inform the Commission thereof.
When the Member States adopt such provisions, 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.
From the date mentioned in the first subparagraph Member States may not prohibit the initial entry into service of vehicles which conform to this Directive.
They shall apply these provisions as from 2 February 1997.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.
Article 6
National legislation may permit Member States to refuse the initial registration and any subsequent registration within their territory of vehicles with a maximum net power of more than 74 kW.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 2 February 1995.