1979L0490 — EN — 25.04.1979 — 000.001 — 1
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►B COMMISSION DIRECTIVE
of 18April 1979
adapting to technical progress Council Directive 70/221/EEC on the approximation of the laws of
the Member States relating to the liquid fuel tanks and rear underrun protection of motor vehicles
and their trailers
(79/490/EEC)
(OJ L 128, 26.5.1979, p. 22)
Corrected by:
►C1Corrigendum, OJ L 188, 26.7.1979, p. 54 (79/490)
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COMMISSION DIRECTIVE
of 18April 1979
adapting to technical progress Council Directive 70/221/EEC on the
approximation of the laws of the Member States relating to theliquid fuel tanks and rear underrun protection of motor vehicles
and their trailers
(79/490/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on
the approximationof the laws of the Member States relatin g to thetype-approval of motor vehicles and their trailers(
1), as last amended by
Directive 78/547/EEC (2), and in particular Articles 11, 12 and 13
thereof,
Having regard to Council Directive 70/221/EEC of 20 March 1970 on
the approximationof the laws of the Member States relatin g to theliquid fuel tanks and rear underrun protection of motor vehicles andtheir trailers(
3),
Whereas, in view of experience gained and of the state of the art, it is
now possible to make requirements more stringent and to match themmore closely to actual test conditions;
Whereas devices for rear underrun protection are already marketed both
separately and after being fitted to a vehicle; whereas if it is possible tocheck them before they are fitted to a vehicle, their free movement maybe facilitated by the introduction of EEC type-approval for such devicesconsidered as separate technical units within the meaning of Article 9aof Directive 70/156/EEC;
Whereas the provisions of this Directive are in accordance with the
opin ionof the Committee onthe Adaptationto Techn ical Progress ofthe Directives Aimed at the Removal of Technical Barriers to Trade inthe Motor Vehicle Sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 70/221/EEC is amended as follows:
1. Articles 2 and 2a are replaced by the following:
‘Article 2
1. No Member State may, on grounds relating to its liquid fuel
tanks, refuse to grant EEC type-approval or national type-approvalfor a vehicle if such vehicle satisfies the requirements set out in theAnnex concerning liquid fuel tanks.
2. No Member State may, on grounds relating to rear underrun
protection, refuse to grant EEC type-approval or national type-approval for a vehicle if such vehicle satisfies the requirements setout in the Annex concerning rear underrun protection or if suchvehicle is fitted with a rear underrun protective device which hasbeen granted type-approval as a technical unit within the meaning ofArticle 9a of Directive 70/156/EEC and installed in accordance withthe requirements of item II.5 of the Annex.
(1) OJ No L 42, 23. 2. 1970, p. 1.
(2) OJ No L 168, 26. 6. 1978, p. 39.
(3) OJ No L 76, 6. 4. 1970, p. 23and OJ No L 65, 15. 3. 1979, p. 42.
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3. No Member State may refuse to grant EEC type-approval ornational type-approval for a rear underrun protective device if suchdevice, considered as a technical unit within the meaning of Article9a of Directive 70/156/EEC, satisfies the relevant requirements setout in the Annex.
Article 2a
1. No Member State may, on grounds relating to its liquid fuel
tanks, refuse or prohibit the sale, registration, entry into service oruse of a vehicle if such a vehicle satisfies the requirements set out inthe Annex concerning liquid fuel tanks.
2. No Member State may, on grounds relating to its rear underrun
protection, refuse or prohibit the sale, registration, entry into serviceor use of a vehicle if such a vehicle satisfies the requirements set outin the Annex concerning rear underrun protection or if the vehicle isfitted with a rear un derrunprotective device which has beengran tedtype-approval as a technical unit within the meaning of Article 9a ofDirective 70/156/EEC and installed in accordance with the require-ments set out in item II.5 of the Annex.
3. No Member State may prohibit the placing on the market of
any rear underrun protective device considered as a technical unitwithin the meaning of Article 9a of Directive 70/156/EEC if itconforms to a type which has been granted type-approval within themeaning of Article 2 (3).'
2. The following Article is inserted:
‘Article 2b
A Member State which carries out type-approval shall take the
measures necessary to ensure that it is informed of any modificationto a part or characteristic referred to initems II.2.1 an d II.2.2 of theAnnex. The competent authorities of that Member State shall deter-mine whether fresh tests should be carried out on the modified typeand a fresh report drawn up. Where such tests reveal that the require-ments of this Directive have not been complied with, the modifica-tionshall n ot be authorized.'
3. The Annex to Council Directive 70/221/EEC shall be amended in
accordance with the Annex to this Directive.
Article 2
1. As from 1 January 1980, no Member State may, on grounds relating
to the rear underrun protection of vehicles:
— refuse, inrespect of a type of vehicle, to gran t EEC type-approval, or
issue the copy of the certificate provided for in the last indent ofArticle 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
— prohibit the entry into service of vehicles,
if the parts providing rear underrun protection for such type of vehicle
or such vehicles comply with the provisions of Directive 70/221/EEC,as last amended by this Directive.
2. With effect from 1 October 1980, a Member State:
— shall no longer issue the copy of the certificate provided for in the
last indent of Article 10 (1) of Directive 70/156/EEC of 6 February1970 inrespect of a type of vehicle of which the parts providin g rearunderrun protection do not comply with the provisions of Directive70/221/EEC, as last amended by this Directive,
—►
C1may◄refuse to grant national type-approval of a type of
vehicle of which the parts providing rear underrun protection do notcomply with the provisions of Directive 70/221/EEC, as lastamended by this Directive.
3. As from 1 October 1981, Member States may prohibit the entry into
service of vehicles of which the parts providing rear underrun protectiondo not comply with the provisions of Directive 70/221/EEC, as lastamended by this Directive.
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Article 3
Before 1 January 1980, Member States shall bring into force the provi-
sions necessary to comply with this Directive, and shall forthwithinform the Commission thereof.
Article 4
This Directive is addressed to the Member States.
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ANNEX
The wording of item II is replaced by the following:‘II. REAR UNDERRUN PROTECTIONII.1. General
Vehicles covered by this Directive must be designed so as to
provide effective protection against underrunning from the rear byvehicles of categories M
1and N1(1).
II.2. Definitions
II.2.1. Vehicle type for the purposes of rear underrun protection
The term “vehicle type for the purposes of rear underrun protection”
means vehicles which do not differ with respect to the followingmaincharacteristics:
II.2.1.1. Width of the rear axle, structure, dimensions, shape and materials of
the rear part of the vehicle inso far as they have a bearin g ontherequirements of items II.5.1 to II.5.4.5.5;
II.2.1.2. Suspension characteristics in so far as they have a bearing on the
requirements of items II.5.1 to II.5.4.5.5.
II.2.2. Type of rear underrun protective device
The term “type of rear underrun protective device” means devices
which do not differ with respect to the following main characteris-tics:
II.2.2.1. shape,II.2.2.2. dimensions,II.2.2.3. attachment,II.2.2.4. materials.
II.3. Application for EEC type-approval
II.3.1. Applicationfor EEC type-approval of a vehicle type with respect to
rear underrun protection.
II.3.1.1. The applicationfor EEC type-approval of a vehicle type with
respect to the rear underrun protection must be submitted by thevehicle manufacturer or his authorized representative.
II.3.1.2. It must be accompanied by the undermentioned documents in tripli-
cate and the following information:
II.3.1.2.1. A description of the vehicle from the standpoint of the criteria
referred to in item 11.2.1, together with dimensional drawings andeither a photograph or anexploded view of the rear of the vehicle.The numbers and/or symbols identifying the vehicle type must bequoted;
II.3.1.2.2. A technical description of the parts providing rear underrun protec-
tion together with sufficiently detailed information.
II.3.1.2.3. A vehicle representative of the type to be approved must be
submitted to the technical service responsible for the type-approvaltests.
II.3.2. Applicationfor EEC type-approval inrespect of a rear un derrun
protective device considered to be a technical unit.
II.3.2.1. The applicationfor EEC type-approval inrespect of a rear un derrun
protective device considered to be a technical unit within themeaning of Article 9a of Directive 70/156/EEC must be submittedby the vehicle manufacturer or the manufacturer of the rear
(1) Categories under the international classification set out in Note (b) of Annex I to
Council Directive 70/156/EEC of 6 February 1970 on the approximation of the lawsof the Member States relating to the type-approval of motor vehicles and their trai-lers.
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underrun protective device or by their respective authorized repre-
sentatives.
II.3.2.2. For each type of rear underrun protective device, the application
must be accompanied by:
II.3.2.2.1. Documen tationintriplicate givin g a descriptionof the techn ical
characteristics of the device;
II.3.2.2.2. A sample of the type of device. If the competent authority deems it
to be necessary, it may request a further sample. The samples mustbe clearly and indelibly marked with the applicant’s trade name ormark and the type designation.
II.4. EEC type-approval
II.4.1. The EEC type-approval certificate for a vehicle type must be
provided with an Annex drawn up in conformity with one of thefollowing models:
II.4.1.1. Inthe case of the applicationreferred to initem II.3.1, the model
showninAppen dix 1;
II.4.1.2. Inthe case of the applicationreferred to initem II.3.2, the model
showninAppen dix 2.
II.5. Specifications
II.5.1. All vehicles must be so constructed and/or equipped as to offer
effective protection over their whole width against underrunningfrom the rear by vehicles of categories M
1and N1(1).
II.5.2. Any vehicle in one of the categories M1,M2,M3,N1,O1or O2(1)
will be deemed to satisfy the con ditionset out initem II.5.1 if theground clearance of the entire rear width of the chassis or the mainparts of the body does not exceed 55 cm.
This requirement must be satisfied over a distance of 45 cm meas-
ured from the rear extremity of the vehicle.
II.5.3. Any vehicle in one of the categories N
2,N3,O3or O4(1) will be
deemed to satisfy the con ditionset out initem II.5.1 provided that:
— the vehicle is equipped with a special rear underrun protective
device in accordance with the requirements of item II.5.4, or
— the vehicle is so designed and/or equipped at the rear that, by
virtue of their shape and characteristics, its component parts canbe regarded as replacing the rear underrun protective device.Components whose combined function satisfies the requirementsset out in item II.5.4 are considered to form a rear underrunprotective device.
II.5.4. A device for protection against underrunning from the rear, herein-
after referred to as “device”, generally consists of a cross-memberand linking components connected to the chassis side-members or towhatever replaces them.
It must have the following characteristics:
II.5.4.1. The device must be fitted as close to the rear of the vehicle as
possible. Whenthe vehicle is un laden (
2), the lower edge of the
device must at no point be more than 55 cm above the ground;
II.5.4.2. The width of the device must at no point exceed the width of the
rear axle measured at the outermost points of the wheels, excludingthe bulging of the tyres close to the ground, nor must it be morethan10 cm shorter oneither side. Where there is more thanon e rearaxle, the width to be considered is that of the widest rear axle;
II.5.4.3. The sectionheight of the cross-member must be n ot less than10 cm.
The lateral extremities of the cross-member must not bend to therear or have a sharp outer edge; this con ditionis fulfilled whenthelateral extremities of the cross-member are rounded on the outsideand have a radius of curvature of not less than 2 ·5m m
(1) Categories under the international classification set out in Note (b) of Annex I to
Council Directive 70/156/EEC of 6 February 1970 on the approximation of the lawsof the Member States relating to the type-approval of motor vehicles and their trai-lers.
(
2) As defined in item 2.6 of Annex I to Directive 70/156/EEC.
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II.5.4.4. The device may be so designed that its position at the rear of the
vehicle canbe varied. Inthis even t, there must be a guaran teedmethod of securing it in the service position so that any uninten-tional change of position is precluded. It must be possible for theoperator to vary the position of the device by applying a force notexceeding 40 daN;
II.5.4.5. The device must offer adequate resistance to forces applied parallel
to the longitudinal axis of the vehicle, and be connected, when inthe service position, with the chassis side-members or whateverreplaces them.
This requirement will be satisfied if it is shown that both during and
after the application the horizontal distance between the rear of thedevice and the rear extremity of the vehicle does not exceed 40 cmat any of the points P1, P2 and P3. In measuring this distance, anypart of the vehicle which is more than3 m above the groun d whenthe vehicle is unladen must be excluded;
II.5.4.5.1. Points P1 are located 30 cm from the longitudinal planes tangential
to the outer edges of the wheels onthe rear axle; poin ts P2, whichare located on the line joining points P1, are symmetrical to themedian longitudinal plane of the vehicle at a distance from eachother of 70 to 100 cm inclusive, the exact position being specifiedby the manufacturer. The height above the ground of points P1 andP2 must be defined by the vehicle manufacturer within the lines thatbound the device horizontally. The height must not, however,exceed 60 cm when the vehicle is unladen. P3 is the centre-point ofthe straight line joining points P2;
II.5.4.5.2. A horizontal force equal to 12 ·5 % of the maximum technically
permissible weight of the vehicle but not exceeding 2 ·5×1 0
4N
must be applied successively to both points P1 and to point P3;
II.5.4.5.3. A horizontal force equal to 50 % of the maximum technically
permissible weight of the vehicle but not exceeding 10 × 104N must
be applied successively to both points P2;
II.5.4.5.4. The forces specified initems II.5.4.5.2 an d II.5.4.5.3 above must be
applied separately. The order inwhich the forces are applied may bespecified by the manufacturer;
II.5.4.5.5. Whenever a practical test is performed to verify compliance with the
abovementioned requirements, the following conditions must befulfilled:
II.5.4.5.5.1. The device must be connected to the chassis side-members of the
vehicle or to whatever replaces them;
II.5.4.5.5.2. The specified forces must be applied by rams which are suitably
articulated (e.g. by means of universal joints) and must be parallel tothe median longitudinal plane of the vehicle via a surface not morethan25 cm inheight (the exact height must be in dicated by themanufacturer) and 20 cm wide, with a radius of curvature o f5±1
mm at the vertical edges; the centre of the surface is placed succes-sively at points P1, P2 and P3.
II.5.5. By way of derogation from the abovementioned requirements,
vehicles of the following categories need not comply with therequirements of this Annex as regards rear underrun protection:
— tractors for semi-trailers;
— “slung” trailers and other similar trailers for the transport of logs
or other very long items;
— vehicles for which rear un derrunprotectionis in compatible with
their use.'
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APPENDIX 1
MODEL
(Maximum format: A4 (210 × 297 mm)

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APPENDIX 2
MODEL
(Maximum format: A4 (210 × 297 mm)