it * COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 03.11.1995 
COM(95) 493 final - COD 470 
Amended proposal for a European Parliament 
and Council Directive on certain components 
or characteristics of two or three-wheeled motor vehicles 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
In the light of the European Parliament opinion1 of 18 May 1995 on the proposal for a European 
Parliament and Council Directive on certain components or characteristics of two or three-wheeled 
motor vehicles2 and in accordance with Article 189a(2) of the EC Treaty, the Commission has 
decided to amend that proposal 
The Commission has accepted the substance of the following amendments: 
- a further reduction in the limit values for the sound level and polluting emissions (amendment 
i); 
- a prohibition on manufacturing, importing and selling replacement parts which make it possible 
to circumvent the provisions of the Directive, and a report to the national parliaments, the 
European Parliament and the Council on the effectiveness of this prohibition (amendments 2, 7 
and 24); 
- stricter adherence to the size specification of the tyres with which some vehicle models are 
fitted, thus restricting the application of the standard tolerances (amendments 4 and 8); 
- limitation of restrictions on tampering to measures which significantly alter vehicle 
performance, polluting emissions and noise, so as not to hinder owner servicing and 
maintenance (amendments 21 and 22); 
- drafting of proposals, based upon research and a cost-effectiveness assessment, providing for a 
further stage of noise and air pollution standards (amendment 23); 
- a clarification concerning the vehicles in categories-A and B where anti-tampering measures are 
concerned (amendment 25); 
- further details concerning anti-tampering measures, but without limiting them to vehicles in 
categories A and B (amendments 26,27 and 28). 
Hoc. PE 1X4 074 
OJ No CI 77, 29.A.IW4.P I 
The Commission has rejected the amendments aimed at: 
- amending the procedure for adaptation to technical progress (amendments 3 and 6). The 
Commission prefers to stick to the Decision of 13 July 1987 laying down the procedures for the 
exercise of implementing powers conferred on the Commission. However a recital referring to 
the modus vivendi adopted on 20 December 1994 would be acceptable; 
- deleting most of the provisions concerning anti-tampering measures for vehicles in category C 
and D (amendments 11,12 and 16). The Commission considers that these amendments would 
adversely affect road safety and environmental protection. In addition, they run counter to the 
Council's unanimous decision taken when adopting Directive 92/61/EEC, with the agreement of 
the Commission and the European Parliament, aimed at extending to motorcycles the anti-
tampering measures originally envisaged only for mopeds; 
- increasing very significantly the sound level limit values for mopeds and motorcycles 
(amendment 18). The Commission would point out that that amendment would considerably 
reduce the effectiveness of its proposal and would not be consistent with its environmental 
protection policy. 
s --*** 
3-
Amended proposal for a European Parliament 
and Council Directive on certain components 
or characteristics of two or three-wheeled motor vehicles 
Initial text Amended text 
Recital 4a (new) 
Whereas in the light of their design 
specifications some models of two- and three-
wheel motor vehicles may require stricter 
adherence to the size specifications of the tyres 
they are fitted with, thus restricting the 
application of the standard tolerances as laid 
down in Chapter 1 of the Annex to this 
Directive; whereas in this respect the 
amendments which would prove to be 
necessary shall be introduced in conformity 
with the procedure laid down in Article 6; 
Recital 5 
Whereas, with regard to the aspects 
concerning the protection of the environment, 
i.e. atmospheric and noise pollution, it is 
necessary to pursue the aim of constantly 
improving the environment; whereas for this 
purpose limit values for pollutants and sound 
level, laid down for the fastest possible 
application, must be reduced yel further; 
whereas that subsequent reduction may only 
be opted for on the basis of studies and 
research to be undertaken or pursued into the 
available or conceivable technological 
potential and into an analysis of their 
cost/benefit ratios in order to permit 
production, on an industrial scale, of vehicles 
which are able to meet those more stringent 
limits; whereas the decision on that 
subsequent reduction must be taken by the 
European Parliament and the Council at least 
three years before their entry into force in 
order to enable the industry to make the 
necessary arrangements whereby their 
products may, by the intended date, comply 
with the new Community measures; whereas 
the European Parliament and Council Decision 
will be based on proposals which the 
Commission will have to send them in good 
time; Whereas, with regard to the aspects 
concerning the protection of the environment, 
i.e. atmospheric and noise pollution, it is 
necessary to pursue the aim of constantly 
improving the environment; whereas for this 
purpose limit values for pollutants and sound 
level must be laid down for the fastest possible 
application; whereas subsequent reductions in 
limit values and amendments to the test 
procedure may only be opted for on the basis 
of studies and research to be undertaken or 
pursued into the available or conceivable 
technological potential and into an analysis of 
their cost/benefit ratios in order to permit 
production, on an industrial scale, of vehicles 
which are able to meet those more stringent 
limits; whereas the decision on that 
subsequent reduction must be taken by the 
European Parliament and the Council at least 
three years before their entry into force in 
order to enable the industry to make the 
necessary arrangements whereby their 
products may, by the intended date, comply 
with the new Community measures; whereas 
the European Parliament and Council Decision 
will be based on proposals which the 
Commission will have to send them in good 
time; 
Recital 5a (new) 
Whereas, in conformity with Article 15 (2) of 
Directive 92/61/EEC, the provisions of this 
Directive, which refers to the manufacturing of 
vehicles, should not be circumvented by the 
use of replacement parts permitting non­
compliance therewith; whereas it is essential 
that all necessary measures be taken to ensure 
that the placing on the market, the sale and the 
use of exhaust systems which do not comply 
with the requirements laid down in this 
Directive should be strictly forbidden; 
whereas these measures shall be the subject of 
a report from the Commission to the European 
Parliament and to the Council, not later than 
three years after the entry into force of this 
Directive, and of furthuer reports every three 
years thereafter; 
Recital 5b (new) 
Whereas safety or environmental requirements 
call for restrictions on tampering with certain 
two- or three-wheel vehicles; whereas, in 
order not to restrict the legitimate practice of 
owner servicing and maintenance, such 
restrictions must be confined to cover 
tampering which significantly alters the 
vehicle's performance and its noise and 
pollutant emissions; 
5-
Article 4 
1. The European Parliament and the Council, 
acting in accordance with the conditions set 
out in the Treaty, shall, before 
I January 1997, state their opinion on a 
Commission proposal laying down a 
subsequent stage providing for measures that 
are aimed to make the limit values for 
pollutants and the sound level of the vehicles 
concerned, as laid down respectively in 
Chapter 5, Annex II, Tables I and II and 
Chapter 9. Annex I, more stringent. 1. The Commission shall submit to the 
European Parliament and the Council before 
I January 1997 a proposal based upon 
research and on a cost/benefit evaluation 
deriving from more stringent limit values, 
laying down a subsequent stage providing for 
measures that are aimed to make the limit 
values for pollutants and the sound level of the 
vehicles concerned, as laid down respectively 
in Chapter 5, Annex II, Tables I and II and 
Chapter 9, Annex I, more stringent. The 
proposal shall take account of and evaluate the 
cost effectiveness of different measures to 
reduce pollution and shall contain measures 
which are proportional and reasonable in the 
light of the intended aims. 
Chapter 7, Annex, point 2.1.1 
2.1.1. For any vehicle in categories A or B, 
the interchangeability of the following 
components : 
a) for two-stroke vehicles : cylinder/piston, 
carburettor, intake pipe, exhaust system; 
b) for four-stroke vehicles : cylinder head, 
camshafts, cylinder/piston, carburettor, intake 
pipe, exhaust system. 
between that vehicle and any other vehicle 
from the same manufacturer shall not be 
permitted if such interchangeability results in 
the vehicle's power exceeding the limits for its 
category in the case of category A vehicle or 
the vehicle's maximum design speed increasing 
by more than 10% in the case of category B 
vehicles. 2.1 
the For any vehicle in categories A or B, 
interchangeability of the following 
components : 
a) for two-stroke vehicles : cylinder/piston, 
carburettor, intake pipe, exhaust system; 
b) for four-stroke vehicles : cylinder head, 
camshafts, cylinder/piston, carburettor, intake 
pipe, exhaust system, 
between that vehicle and any other vehicle 
from the same manufacturer shall not be 
permitted if such interchangeability results in 
the vehicle's maximum design speed increasing 
by more than 5 km/h in the case of category A 
vehicles or the vehicle's power increasing by 
more than 10% in the case of category B 
vehicles. In no case shall the maximum design 
speed or maximum net engine power of the 
relevant category be exceeded. 
-6 
Chapter 7, Annex, point 2.2 
2.2. The manufacturer shall declare that 
modification of the following characteristics 
shall not increase the maximum power of a 
motorcycle by more than 10% or increase the 
maximum speed of a moped by more than 
5 km/h : 
-ignition (advance, etc.), fuel feed system. 2.2. The manufacturer shall declare that 
modification of the following characteristics 
shall not increase the maximum power of a 
motorcycle by more than 10% or increase the 
maximum speed of a moped by more than 
5 km/h and that in no case shall the maximum 
design speed or maximum net engine power of 
the relevant category be exceeded : 
-ignition (advance, etc.), fuel feed system. 
Chapter 7, Annex, point 2.3 
Motorcycles shall comply with the 2.3. Motorcycles shall comply with the 
the 2.3. j rv _ ...... j„„ _...rv „.». „.„ 
requirements of one of the following items requirements of one of the following items 
2.3.1. or 2.3.2. or 2.3.3 : 2.3.1. or 2.3.2. or 2.3.3 and with 
requirements of items 2.3.4. and 2.3.5 
Chapter 7, Annex, point 3, Title 
SPECIFIC REQUIREMENTS SPECIFIC REQUIREMENTS 
The specifications in this section are 
mandatory only in cases where they prove 
necessary to impede tampering resulting in the 
vehicle's maximum design speed increasing by 
more than 5 km/h in the case of category A 
vehicles or the vehicle's power increasing by 
more than 10% in the case of category B, C or 
D vehicles. In no case shall the maximum 
design speed or maximum net engine power of 
the relevant category be exceeded. 
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ISSN 0254-1475 
COM(95) 493 final 
DOCUMENTS 
EN 07 
Catalogue number : CB-CO-95-533-EN-C 
ISBN 92-77-94583-4 
Office for Official Publications of the European Communities 
L-2985 Luxembourg