EN Official Journal of the European Union L 121/1

COUNCIL DIRECTIVE 93/14/EEC

of 5 April 1993

on the braking of two or three-wheel motor vehicles

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 Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles (1),

Having regard to the proposal from the Commission (2),

In cooperation with the European Parliament (3),

Having regard to the opinion of the Economic and Social Committee (4),

Whereas measures should be adopted which are intended gradually to establish the internal market within a period expiring on 31 December 1992; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;

Whereas, with regard to braking, in each Member State two or three-wheel vehicles must display certain technical characteristics laid down by mandatory provisions which differ from one Member State to another; whereas, as a result of their differences, such provisions constitute barriers to trade within the Community;

Whereas these barriers to the establishment and operation of the internal market may be removed if the same requirements are adopted by all the Member States in place of their national rules;

Whereas it is necessary to draw up harmonized requirements concerning the braking 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;

Whereas in order to facilitate access to the markets of non-Community countries it is necessary to establish equivalence between the requirements of this Directive and those of United Nations ECE Regulation No 78,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive applies to the braking of all types of vehicle as defined in Article 1 of Directive 92/61/EEC.

Article 2

The procedure for the granting of component type-approval in respect of the braking 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 Chapters II and III of Directive 92/61/EEC.

Article 3

In accordance with Article 11 of Directive 92/61/EEC, equivalence between the requirements laid down in this Directive and those laid down in United Nations ECE Regulation No 78 (E/ECE/324 and E/ECE(TRANS/505 REV 1 ADD 77 of 20 October 1988) is hereby acknowledged.

The authorities of the Member States which grant component type-approval shall accept approvals granted in accordance with the requirements of the abovementioned Regulation No 78 as well as component type-approval marks as an alternative to the corresponding approvals and component type-approval marks granted in accordance with this Directive.

Article 4

This Directive may be amended in accordance with Article 13 of Directive 70/156/EEC (5) in order to:

— take into account any amendments to the ECE Regulation referred to in Article 3,

— adapt the Annex to technical progress.

Article 5

1. Member States shall adopt and publish the provisions necessary to comply with this Directive before 5 October 1994 and shall forthwith inform the Commission thereof.

When the Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such a 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, for reasons connected with braking, prohibit the initial entry into service of vehicles which conform to this Directive.

They shall apply the provisions referred to in the first suparagraph as from 5 April 1995.

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

This Directive is addressed to the Member States.

Done at Luxembourg, 5 April 1993. For the Council The President J. TRØJBERG

(1) OJ No L 225, 10. 8. 1992, p. 72.

(2) OJ No C 93, 13. 4. 1992, p. 24.

(3) OJ No C 305, 23. 11. 1992, p. 114; and

OJ No C 72, 15. 3. 1993.

(4) OJ No C 313, 30. 11. 1992, p. 7.

(5) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by Directive 92/53/EEC (OJ No L 225, 10. 8. 1992, p. 1).