COUNCIL DIRECTIVE of 16 December 1980 on the approximation of the laws of the Member States relating to the fuel consumption of motor vehicles (80/1268/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the technical requirements which motor vehicles must satisfy pursuant to certain national laws relate inter alia to the method of measuring fuel consumption which must be used to indicate the fuel consumption of a vehicle type;
Whereas those requirements differ from one Member State to another ; whereas this results in technical barriers to trade which must be eliminated by all Member States adopting the same requirements either in addition to or in place of their existing rules, in order in particular to allow 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 80/1267/EEC (5), to be introduced in respect of each type of vehicle;
Whereas it is of paramount importance to establish a method of measuring fuel consumption by motor vehicles for inclusion in Community requirements;
Whereas a Community method of measuring fuel consumption is also necessary to ensure, in particular, that customers and users are supplied with objective and precise information;
Whereas the requirements of this Directive apply only to motor vehicles in international motor vehicle classification category M1 as set out in Directive 70/156/EEC ; whereas a method of measuring the fuel consumption of the other categories of motor vehicles will be established as soon as certain technical difficulties can be resolved,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purpose of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeeding 25 km/h, with the exception of vehicles which run on rails and of agricultural tractors and machinery.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval in respect of a vehicle, or refuse or prohibit the sale, registration, entry into service or use of a vehicle, on grounds relating to its fuel consumption if the consumption figures have been determined in accordance with Annexes I and II and are set out in a document given to the vehicle owner at the time of purchase in a manner and form decided on by each Member State.
Article 3
Any amendments necessary for adapting the requirements of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC. (1)OJ No C 104, 28.4.1980, p. 1. (2)OJ No C 265, 13.10.1980, p. 76. (3)OJ No C 182, 21.7.1980, p. 3. (4)OJ No L 42, 23.2.1970, p. 1. (5)See page 34 of this Official Journal.
Article 4
1. Member States shall bring into force the provisions necessary in order to comply with this Directive within 18 months of its notification. They shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 16 December 1980.