No C 263/56 Official  Journal  of the European  Communities 17.11.  75 
Opinion  on the proposal  for a Council  Directive  on the approximation  of the laws  of 
the Member  States  relating  to the  type-approval  of motorcycles 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 40 of 20 February  1975,  page  18. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 15 January  1975,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Comrtiittee  under  Article  100  of the  Treaty  establishing  the  European 
Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 131st  plenary  session, 
held in Brussels  on 25 and  26 June  1975. 
The Opinion  is published  below. 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the request  of 16 January  1975,  by 
the Council  of the  European  Communities,  for  an 
Opinion  on the proposal  for a Council  Directive  on 
the approximation  of the  laws  of the  Member 
States  relating  to the  type-approval  of motorcycles; 
Having  regard  to  Article  100  of  the  Treaty 
establishing  the European  Economic  Community; 
Having  regard  to the  decision  taken  by its Bureau, 
entrusting  the  Section  for  Industry,  Commerce, 
Crafts  and  Services  with  the  preparation  of an 
Opinion  and  a report  on the  matter  (decision  of 
28 January  1975); 
Having  regard  to the  Opinion  delivered  by the 
Section  for Industry,  Commerce,  Crafts  and  Services 
at its meeting  on 4 June  1975; 
Having  regard  to the  report  submitted  by  the 
Rapporteur,  Mr Masprone; 
Having  regard  to the  discussions  at its meeting  on 
25 June  1975  (131st  plenary  session  of 25 and 
26 June  1975), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Committee  approves  the  proposal  for  a 
Directive,  subject  to the following  comments: 1. General  comments 
1.1. The  Council  resolution  of 17 December  1973 
on industrial  policy  (*) stipulates  that  a proposal  on 
the type-approval  of motorcycles  is to be submitted 
to the  Council  before  1 January  1975.  The 
Committee  is pleased  that  this  deadline  has  been 
respected  and  trusts  that  the  initial  implementing 
Directives  will  be submitted  by the  Commission  by 
1 January  1976  as stipulated  in the resolution.  These 
Directives  should  cover,  above  all,  safety  devices 
(braking),  audible  warning  devices,  pollution  and  the 
exhaust  system. 
1.2. In  view  of the  special  nature  of motorcycles 
as means  of transport,  the  Committee  requests  that 
the Council,  when  it adopts  the Directives,  urge  the 
Member  States  to enforce  the provisions  with  due 
severity. 
1.3. The  Commission  proposes  optional 
harmonization.  This  enables  enterprises  whose 
market  does  not extend  beyond  the Member  State  in 
which  they  operate  to continue  production  on the 
basis  of the  regulations  in force  in that  Member 
State.  The  Committee  is aware  of the advantages  to 
the motorcycle  industry  of such  a solution  but points 
out that  it has repeatedly  come  out in favour  of total 
harmonization.  Optional  harmonization,  the 
Committee  feels,  is admissible  only  as a temporary 
(x) OJ  No C 117,  31. 12. 1973,  p. 1. 
17.11.  75 Official  Journal  of the European  Communities No C 263/57 
expedient  and  on the condition  that  a deadline  is 
fixed  after  which  total  harmonization  must  be 
applied. 
1.4. The  maximum  cylinder  capacity  and  design 
speed  have  been  selected  in the light  of the figures 
laid down  by the Commission  in its draft  Directive 
on mopeds  on which  the Committee  delivered  an 
Opinion  on 26 June  1973  (1). 45 km/h  and  50 cm3 
therefore  constitute  the dividing  line between  mopeds 
and motorcycles. 
1.5. But  although  the draft  Directives  on mopeds 
and motorcycles  inevitably  have  points  in common, 
they are distinct  instruments  and  can  therefore  be 
adopted  separately  by the Council  of Ministers. 156/EEC  on the type-approval  of motor  vehicles  (2), 
which  are defined  as four-wheeled  vehicles. 
1.7. The  Committee,  therefore,  asks  the 
Commission  to look  into  this  matter  and,  where 
appropriate,  submit  suitable  proposals. 
2. Specific  comments 
2.1. Article  8 
2.1.1.  The  procedure  laid  down  in Article  8 
should  be more  precisely  specified  and  in particular 
it should  be stipulated  what  number  of supposedly 
type-approved  motorcycles  have  to fail  to conform 
before  a Member  State  has  to take  'the  necessary 
measures  to ensure  that  the  production  models 
conform  to the approved  type'. 
2.1.2.  The  Committee  lays  great  stress  on this 
comment  which  it has already  made  in its Opinions 
on other  draft  Directives  without  obtaining  any 
tangible  results. 
1.6. Furthermore,  the Committee  notes  that  three-
wheeled  vehicles  having  an unladen  weight  exceeding 
400 kg fall  within  neither  the scope  of the present 
draft  Directive  nor that  of Council  Directive  No 70/ 
(*) OJ No C 100,  22. 11. 1973,  p. 10. Done  at Brussels,  25 June  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
(2) OJ No L 42, 23. 2. 1970,  p. 1. 
Opinion  on the proposal  for a Council  Directive  on the approximation  of the laws 
of the Member  States  relating  to head  restraints  of seats  of motor  vehicles 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 82 of 14 April  1975,  page  74. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 14 January  1975,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  under  Article  100  of the  Treaty  establishing  the European 
Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 131st  plenary  session, 
held in Brussels  on 25 and 26 June  1975. 
The Opinion  is published  below.