Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (presented by the Commission)

(Recast version)

EXPLANATORY MEMORANDUM

1. OBJECTIVE OF THE PROPOSAL

This proposal for a directive is the second stage of the recasting of Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the approval of motor vehicles and their trailers. Once adopted, it will repeal and replace Directive 70/156/EEC.

Since 1970, Directive 70/156/EEC has been the main legal instrument available to the European Community to implement the single market in the automobile sector. In a little over a quarter of a century, the single market has become an 'inevitable' reality, not only for passenger cars but also for motorcycles and mopeds [1]. To a large extent, agricultural tractors [2] also benefit from access to the internal market and most agricultural vehicles will shortly be included in this process thanks to the adoption of a new directive. Until now, commercial vehicles [3] have benefited only partially from the internal market. This has been by means of the type-approval of systems such as braking.

[1] The latter are covered by the framework Directive 92/61/EEC of 30 June 1992, OJ L 225, 10.8.1992, p. 72.

[2] Agricultural tractors are covered by the framework Directive 74/150/EEC of 4 March 1974, OJ L 84, 28.3.1974, p. 10.

[3] Light duty vehicles (up to 3.5 tonnes), trucks, trailers, semi-trailers, buses and coaches.

The Commission now believes that the time has come to take a further step forward and extend the principles hitherto developed for other categories of vehicles to include commercial vehicles as well.

Over time, Directive 70/156/EEC has undergone more than 18 amendments necessary to adapt it to a sector which is in a permanent state of flux. Consequently, it needs to be made more readable by being recast, now that the European Community is about to embrace new members, and in the light of the fact that a major global agreement [4] on the establishing of international technical regulations has been concluded in Geneva.

[4] Agreement concerning the Establishing of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles of 25 June 1998.

The first stage of the recasting entails consolidating the technical annexes to Directive 70/156/EEC in the form of a Commission directive; the second stage is a proposal for a directive of the European Parliament and of the Council which will recast the legislative provisions of that directive in their entirety.

The technical annexes to Directive 70/156/EEC have just been consolidated into a single document, which not only provides a synopsis of all the administrative and technical provisions governing type-approval procedures, but also lays down a set of specific measures for commercial vehicles.

This proposal incorporates most of the existing legislative provisions in a reworked form and puts in place the legislative instruments that are essential in order for the approval procedure to be extended to all categories of commercial vehicles; this procedure could be operational as early as 2007. It should be noted that Community type-approval has been compulsory for passenger cars from 1 January 1998, and for motorcycles and mopeds since 17 June 1999.

Besides all the technical aspects mentioned above, the proposed directive would lay down the necessary provisions concerning the introduction of a new 'split-level' approach to the regulatory work. If this approach is introduced, it can be assumed that the adoption of very complex pieces of legislation would be facilitated. Recent experiences have indeed shown that the inclusion of detailed, advanced technical provisions alongside the essential features in a single directive risks slowing down the adoption procedures.

Consequently, while it is for the European Parliament and the Council to decide on the essential requirements of a regulatory act, it is proposed that the Commission, assisted by a regulatory committee [5], be entrusted with establishing the detailed technical provisions and practical implementation measures.

[5] IN ACCORDANCE WITH ARTICLES 5 AND 8 OF COUNCIL DECISION 1999/468/EC, OJ L 184, 17.7.1999, P. 23.

2. LEGAL BASIS

The Directive is based on Article 95 of the Treaty establishing the European Community and on the principle of total harmonisation, the purpose of which is to replace national laws and procedures that are liable to create barriers to the free movement of goods by a single, binding set of Community rules and a single approval procedure.

3. BACKGROUND

Since the 1920s, when the automotive sector began to industrialise, government authorities have adopted national regulations laying down construction standards for motor vehicles, directed essentially at aspects of safety in use and signalling - audible warnings, lighting, etc.

Most of the major industrialised nations at that time already had an industry that was more than able to meet local needs. Given the protectionist ideas then in vogue, there was no obvious advantage in drawing up common standards; on the contrary, the whole purpose of standards was to serve national economic interests. At the end of the Second World War, the destruction of the means of production set in motion an opening-up of markets. The lack of harmonisation in the area of construction standards was bound to create technical barriers to the importation of vehicles [6]. This situation lasted until the end of the sixties.

[6] There are many examples illustrating such a situation.

In 1958, in Geneva, the countries which had founded the European Economic Community were amongst the first to conclude the first international agreement aimed at developing international rules for the approval of certain components intended for the motor vehicle sector [7]. The principle of mutual recognition of approval markings affixed to components, approval certificates issued by governments and inspection by independent testing laboratories was regarded by the contracting parties as the best guarantee of compliance with contractual obligations. This agreement has since given rise to over 100 UN/ECE Regulations, which have enabled spectacular progress to be made in the motor vehicle sector.

[7] Agreement concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts of 20 March 1958.

Building on this momentum, the six founding members of the European Economic Community set themselves the target of gradually eliminating all technical barriers to trade between Member States, by developing an approach based on the work done in Geneva and concentrating on motor vehicles rather than their components, the main objective being to increase the safety of vehicles in use and to protect vehicle occupants in collisions, while at the same time respecting the environment.

The appropriate legal framework was adopted in February 1970 in the form of Council Directive 70/156/EEC, which enabled the essential legal instruments to be put in place in order to frame the appropriate regulations. Two separate Directives were published as part of this process: the Directive on the permissible sound level of motor vehicles [8] and the Directive on measures to be taken against air pollution by emissions from motor vehicles [9].

[8] Directive 70/157/EEC, OJ L 42, 23.2.1970, p. 16.

[9] Directive 70/220/EEC, OJ L 76, 6.4.1970, p. 1.

Over 50 directives were subsequently adopted as part of this process.

Initially, the legislation provided only for optional implementation of Community rules, a situation which was to persist until 1992, when the Commission decided to adopt a policy of replacing national regulations by binding Community rules. The passenger car sector was the first to be tackled. Member States immediately subscribed to this idea, seeing it as a more effective means of reducing the steadily increasing number of road victims.

Thus, Council Directive 92/53/EEC of 18 June 1992 [10] fundamentally amended Directive 70/156/EEC by introducing mandatory Community type-approval for passenger cars from 1 January 1996 in respect of new types placed on the market, and from 1 January 1998 for passenger cars covered by earlier national type-approval.

[10] OJ L 225, 10.8.1992, p. 1.

Commission Directive 98/14/EC of 6 February 1998 [11] introduced specific technical provisions for the type-approval of particular passenger cars; it also made it possible for all the technical information essential for type-approval to be consolidated in a single computerised document, which was easier to use and which suited both the manufacturers and the administrative authorities.

[11] OJ L 91, 25.3.1998, p. 1.

Lastly, Commission Directive 20001/116/EC of 20 December 2001 [12], which embodies the first phase of the recasting, has put in place the necessary technical provisions to make type-approval for commercial vehicles operational.

[12] OJ L 18, 21.1.2002, p. 1.

As stated in the preamble, this proposal for a directive of the European Parliament and of the Council will repeal Directive 70/156/EEC. This will result in a more consistent, better-structured text, which will be very much to the advantage of manufacturers, Member States and candidate countries.

4. SUBSIDIARITY

The principles of 'subsidiarity' and 'proportionality' enshrined in Article 5 of the Treaty have been taken into account. The objective of this Directive, namely the elimination of barriers to trade within the Community through the application of EC vehicle type-approval for motor vehicles and their equipment, cannot properly be attained by the Member States on account of the scale and impact of the action proposed in the automotive sector and may therefore be attained more effectively at Community level. This Directive does not go beyond what is necessary to reach that objective.

5. INVOLVEMENT OF INTERESTED PARTIES

5.1. Position of the Member States

Member States' experts have been informed of the content of this proposal on a number of occasions via the Commission's Consultative Group, the Motor Vehicle Working Group - MVWG - which is made up of representatives of the Member States, the industry and non-governmental organisations.

In preparing its proposal, the Commission took account of the work done by the OTA [13] working party, which contributed actively to drafting the technical annexes to this Directive and made numerous pertinent recommendations as regards the reworking of the articles. To a large extent, the Commission also took into account the work of the TAAM [14] working party, which brought to the Commission's attention a number of practical interpretation issues relating to the application of the existing framework directive.

[13] Operationality of Type-Approval.

[14] Type-Approval Authorities Meeting, a working party that has met twice a year since the beginning of the 1990s.

The majority of government experts support the proposal. Some expressed reservations about how the directive should be applied to the type-approval of commercial vehicles - i.e. whether it should be optional or compulsory. Some argued that only minimal benefit for road safety or the environment could be expected from compulsory enforcement but that there would be an increased cost to manufacturers. Others supported the compulsory enforcement of the directive, but recommended a sufficiently long lead-time between optional and compulsory application. In any case, it is worth pointing out here that Directive 70/156/EEC has been compulsory for all passenger cars since 1998.

5.2. Impact of the industry

The impact of the automotive industry is enormous. The table below shows the quantitative long-term forecasts for the automotive industry. In terms of vehicles produced within Western Europe, there is no sign whatsoever of stagnation.

It is expected that the number of commercial vehicles in Western Europe will increase accordingly, from 24 829 000 vehicles in 2000 to 32 867 000 in 2014.

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5.3. Position of the industry

The automotive industry has been involved from the earliest stages of discussion and has been an important contributor to developing the concept of multi-stage type-approval procedures. Industry is generally supportive of the Commission's proposal, provided a sufficiently long lead-time is built in to allow all manufacturers, including body-builders, to comply with the requirements on type-approval.

6. BASIS AND CONTENT OF THE PROPOSAL

6.1. General

While the main objective of the legislation enacted since 1970 has been to bring about the single market, the road safety aspects have always been considered and the legislator has sought to guarantee, by means of construction standards based on sound scientific and technical knowledge, that all road users enjoy the highest possible level of safety, while ensuring protection of the environment.

Quite naturally, the main lines of approach which were adopted in 1970 when drawing up the framework directive are still to be found in this draft. They coexist however with fully new concepts :

- the directive is based on total harmonisation, which means that Community type-approval procedures will be compulsory and will replace the national requirements with which they have coexisted until now. There will be a long transitional period to enable all manufacturers in the new sectors concerned to adapt gradually to the new procedures;

- as before, the Directive includes legal and administrative provisions for the type-approval of systems such as braking system, components such as tyres, and separate technical units such as lateral protection, in line with the separate directives;

- the procedures will continue to authorise type-approval of a complete vehicle by combining the separate type-approvals issued for its constituent systems, components and technical units, even when partial type-approvals have been carried out in various Member States;

- instead of using the separate directives, type-approval of a complete vehicle can be based on the international regulations resulting from the 1958 Agreement [15], which are regarded as alternatives to the European Directives implementing Council Decision 97/836/EC [16] of 27 November 1997;

[15] Agreement concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions.

[16] OJ L 346, 17.12.1997, p. 78.

- a new method of type-approval - known as multi-stage type-approval - has been introduced in order to bring the situation into line with the manufacture of commercial vehicles. Naturally, vehicles for which the manufacturer assembles the chassis and bodywork can be type-approved using the time-honoured procedure, as is currently the case for passenger cars. The multi-stage procedure generally comprises two stages: in the first stage, the initial manufacturer carries out type-approval of a chassis - whether or not it is fitted with a cab - comprising the power unit, wheels, suspension, brakes, etc., and an EC type-approval certificate is issued; in the second stage, the second manufacturer, generally a body-builder, assembles the bodywork and then presents the vehicle thus completed for type-approval;

- passenger cars built in small series, which were not previously subject to the harmonised Community type-approval procedure, will now be included in the Community system under a flexible procedure. Formerly, these types of vehicles could be granted derogations on a discretionary basis by the Member States, provided they were registered in their territory. This situation was deemed to run counter to the principles of the internal market. Technical provisions were therefore drafted in order to codify the permitted derogations from the separate directives, which naturally still apply. The technical services and approval authorities will be able to verify a vehicle's conformity by means of simplified tests or by comparison with tests carried out on similar vehicles, without there being a need to undergo the entire type-approval procedure. In order to avoid abuse of these flexible arrangements, the Commission proposes to place strict limits on the number of vehicles that are likely to benefit from these provisions; the proposed figures have been chosen mainly by examining the production figures of European manufacturers of exclusive cars or of sports cars;

- at the request of Member States wishing nevertheless to maintain a simplified procedure allowing the approval of very small quantities of passenger cars, the possibility still remains of approving small series of 50 vehicles a year on a purely national basis, i.e. restricted to the territory of the Member State granting the approval;

- commercial vehicles will also be able to follow a European small-series procedure similar to that applied to passenger cars. However, more experience in the application of the complete procedures is needed before deciding on exactly how much latitude can be permitted. The case of commercial vehicles will therefore be dealt with at a later date; in the meantime, Member States may continue to apply their national rules to a limited number of vehicles according to the category to which they belong;

- the Commission has endorsed the opinion of those Member States wishing to include in the directive the individual approval of vehicles, known as the individual approval procedure. The practical arrangements will be laid down in a separate annex after consultation with the usual partners. This procedure will be applicable to the approval of vehicles following the multi-stage system.

The implementation of the principles set out in this Directive will significantly simplify type-approval operations for manufacturers; it will mean that only one Member State needs to type-approve the vehicle in order for all vehicles of this type to be able to be registered throughout the Community solely on the basis of their certificate of conformity.

Experience gained with passenger cars suggests that the transparency of these operations will also be guaranteed in the case of commercial vehicles.

Safeguard clauses are included to enable Member States, either at the time of type-approval or on registration, to refuse vehicles which, although they comply with all of the directives applicable, might prove dangerous for road safety. This principle has also been extended to cover environmental issues.

The principle of type-approval is vindicated by the manner in which motor vehicle manufacture is organised. Manufacturers in possession of a type-approval certificate have to issue a certificate of conformity for each vehicle manufactured, guaranteeing that it conforms to the type-approved type. In multi-stage manufacturing, each manufacturer involved in the manufacturing process has to complete the part of the certificate which corresponds to his particular stage.

Finally, one of the fundamental features of the type-approval system is the certainty that the manufacturer has a permanent system for supervising conformity of production. Each authority involved in the type-approval process must regularly verify that the manufacturer has complied with his obligations, is carrying out checks and is taking the necessary measures to rectify the situation in cases where deficiencies are found.

6.2. Content of the proposal

6.2.1. General administrative provisions (Chapters I to VII)

Articles 1 to 18 set out the general provisions relating to the type-approval process, including the submission of requests, amendment of applications, and granting or withdrawal of type-approval by Member States, regardless of the nature of type-approval or the category of vehicle.

Appropriate provisions cover the putting into service and registration of vehicles. In this respect, it has been deemed necessary to take account of the fact that vehicles, although complying with all applicable directives at the time of their production, may not have been registered by the date on which stricter requirements entered into force. The procedure referred to in Article 26 permits the registration of a limited number of vehicles, either calculated on grounds of a given percentage of the registration figures during the previous year, or restricted to those vehicles produced during a specified period preceding the date of enforcement of the stricter requirements.

Particular attention has been paid to Article 17 dealing with the certificate of conformity. This document is one of the cornerstones of the edifice. Its purpose is to enable the authority responsible for registration to verify that every vehicle meets the legal requirements in force in the European Community before it is put into service.

6.2.2. Conformity of production (Article 11 and Annex X)

The system of Community type-approval is based on the principle that a competent authority approves a vehicle type or a component type after verification and testing of representative prototypes by competent and independent technical services.

The system as a whole is only credible if the manufacturer can demonstrate to the authorities that he is manufacturing each individual vehicle or component in conformity with the approved type. Although the certificate of conformity and/or the approval mark is undeniably a statement of conformity, it is the regular checks organised in the manufacturing premises which nonetheless remain the decisive factor guaranteeing confidence in the system.

Under the procedure put in place the approval authorities have to 'audit' the manufacturer according to the procedures defined below. These measures are of two types:

- before being allowed to issue any type-approval, the competent authority must ensure that the manufacturer has an internal monitoring system enabling him to detect deficiencies in conformity and to take all necessary measures in order to remedy them. The competent authority delegates power to a technical service which has the necessary qualifications to conduct a preliminary evaluation of the system put in place by the manufacturer;

- throughout the production process, the competent authority or its technical service regularly monitors the operations carried out by the manufacturer so as to ensure that each vehicle or component conforms to the approved type. Where necessary, the authority may take sample vehicles or components in order to carry out its own tests, if it believes that the checks carried out by the manufacturer do not provide adequate guarantees.

6.2.3. Exemptions for new technologies or new concepts (Chapter VIII)

It is a well-known fact that the automotive industry is one of the most innovative. New technical concepts are sometimes launched on the market well before it has been possible to adapt the existing legislation to new situations. Moreover, for certain types of vehicles because of certain innovative features, it is even impossible to comply with all Community rules.

Thus, to meet these particular needs, provisions of the framework directive and of separate directives may be exempted, subject to approval by the Commission, assisted by a technical committee comprising experts from the Member States.

However, in order not to delay the launching of new technologies or new concepts, the approval authority may issue a provisional EC type-approval without being obliged to await the decision, provided it is restricted in validity to the territory of the Member State where the vehicles concerned are launched. Afterwards, when the exemption is approved at Community level, the EC type-approval will be extended to normal validity.

6.2.4. Vehicles produced in small series (Chapter IX)

Passenger cars built in small series can be type-approved at Community level as soon as the directive has entered into force. A specific annex lays down all the exemptions that are allowed. The concept of the European small-series procedure is based on a simplified administrative process, and not on a lowering of the safety or environmental aspects; the manufacturer may demonstrate, in a limited number of cases, compliance with the requirements of a regulatory instrument by himself producing evidence or test reports, subject to the agreement of the approval authority. The latter maintains the right to decide to entrust the testing to its own technical service.

Similar procedures will be implemented as regards other categories of vehicles but at a later stage. For the time being, due to the fact that the EC whole-vehicle type-approval has applied solely to passenger cars, the only available expertise relates to those particular vehicles. Vehicles belonging to other categories of vehicles produced in small series are therefore still covered by a non-harmonised procedure;

For passenger cars produced in a very limited quantity (a maximum of 50 vehicles a year), Member States are allowed to grant discretionary derogations from the normal procedure; in such a case, the approval will be valid only for the territory of the Member State granting the approval.

6.2.5. Individual approvals (Chapter X)

Similarly to what has been done for small-series production, administrative provisions based on the granting of exemptions allow the approval of particular vehicles on an individual basis. However, due to the need to develop appropriate rules at Community level, this opportunity is still restricted in validity to the territory of the Member State that grants the approval. Provisions will be harmonised within the Member States in a later stage in order to allow the free movement of those vehicles.

Almost 95% of commercial vehicles belonging to category N2 and N3 are chassis-cab, sold as such to road transport operators; these incomplete vehicles need, for completion, the addition of a superstructure (body-building) on the chassis as well as several additional fittings - lateral protection, anti-spray devices, etc. The approval procedure that has to be followed is the multi-stage procedure. It is a characteristic feature in the commercial vehicle business that superstructures and equipment are adapted to the needs of the road transport operators; consequently, production cannot be envisaged in a similar way to the production of passenger cars. To accommodate these particularities, the multi-stage approval system must be covered by the individual approval procedure, which should provide the necessary flexibility in order to avoid delays and excessive costs at the body-building stage.

6.2.6. Non-conformity with the approved type and notification of decisions (Chapter XII)

As already noted, the type-approval procedure as a whole is only credible if the manufacturer can demonstrate to the authorities that he is manufacturing each vehicle or component in conformity with the approved type. The initial assessment and regular audits of the existing control of conformity plans are performed by or on behalf of the approval authority.

Articles 28 and 29 define failure to conform to the approved type and the remedies and action to be undertaken to restore conformity, while Article 29 establishes how to notify any decision taken in application of Article 28.

6.2.7. Acceptance of equivalent regulations (Chapter XIII)

Community type-approval is essentially based on conformity with over 50 separate directives that have been adopted since 1970. However, the intention is that such type-approval should be possible on the basis of rules deemed to be equivalent by virtue of multilateral or bilateral agreements between the Community and non-member countries. These criteria are part of Community policy on external trade.

When this proposal was being drawn up, the Commission gave thorough consideration to the impact of the work in progress in Geneva on its own legislative measures following the accession by the Community on 27 November 1997 to the revised 1958 United Nations Agreement [17]. It therefore decided to accept, without any further action, any amendment made to the Geneva Regulations to which the Community was a party, once the technical committee had given its opinion.

[17] Council Decision of 27 November 1997, OJ L 346, 17.12.1997, p. 78.

Similarly, when the European Community accedes to a new UN/ECE Regulation, and provided that the Council, in formulating its decision, empowers the Commission accordingly, the Commission may - after consulting Member States and informing the European Parliament - include that regulation in the list of regulatory measures that are required at the time of type-approval by simply stating the category of vehicle concerned and the date of application. For this purpose, a third part is added to Annex IV, which has to be updated regularly.

6.2.8. Provision of technical information (Chapter XIV)

A number of separate directives recommend that the manufacturer should provide specific information on the operation of safety devices, e.g. child seats. The Commission believes that the nature of the obligations on the manufacturer needs to be specified in the framework directive.

It is also important that information intended for the public should not be at variance with the provisions of the separate directives. There have been cases of advertising which presents, in a tendentious way, certain information which could have a decisive influence on the consumer's choice at the time of purchasing a vehicle and thus may mislead consumers.

Experience has shown that non-original equipment manufacturers (non-OEM) sometimes have insuperable difficulties in gathering all the necessary technical information to design components or separate technical units intended for the after-sales market. Provisions are therefore laid down in Article 35 to allow these manufacturers access to technical information, including the vehicle-manufacturers' drawings. The information is restricted to that required to type-approve parts in accordance with the relevant separate directives.

6.2.9. Implementation measures and amendments to a directive - committee procedure (Chapter XV)

The Directive provides for the Commission to take steps to implement a Directive of the European Parliament and of the Council for which it has received a mandate under Article 211 of the Treaty.

It will be possible, if the need arises, to amend the technical annexes of any directive referring to the framework directive in the light of the advance of scientific and technical knowledge, so as to adapt to new situations. The automotive industry is one of the most innovative, and it is important that the provisions covered by type-approval should be able to be adapted quickly where the interest of the users so demands. The procedure adopted is in line with Council Decision 1999/468/EC [18] which provides for assistance from a 'Technical Committee' made up of experts from the Member States.

[18] OJ L 184, 17.7.1999, p. 23.

6.2.10. Notification of approval authorities and technical services (Chapter XVI)

Confidence in the type-approval system derives not only from the impartiality of the competent authorities but also from the independence and expertise of the technical services. Consequently, Member States will only be allowed to entrust type-approval testing and checks to bodies which have the necessary skilled personnel and suitable equipment. Similarly, evaluations of quality systems and checks necessary to ensure conformity of production will only be entrusted to bodies specialised in the inspection and assessment of quality systems. EN and ISO quality standards will be used as a reference.

Under the directive, the departments in question are notified officially not only to the Commission but also to the Member States, so as to ensure the transparency of the process.

Manufacturers are not authorised to carry out type-approval tests themselves. This is permitted only in a number of exceptional cases where, for example, very expensive testing installations are needed and/or endurance or life tests have to be carried out; in this very small number of cases, the manufacturer is allowed to draw up a test report under the supervision of the competent authority.

Technical services are allowed to carry out testing in the manufacturer's facilities, for example, for braking tests which require tracks several kilometres long. The technical services performing such testing must comply with the relevant international standards.

6.2.11. Transitional provisions, enforcement, entry into force (Chapter XVII)

To ensure that the Directive fully plays its role, the Commission is proposing that its provisions be transposed by the Member States 12 months after its adoption and implemented from that date.

Type-approval will continue to be compulsory for passenger cars and will gradually become compulsory for the other categories of vehicle. In cases where type-approval can be granted nationally, transitional provisions have been included to enable Member States to meet their obligations.

In line with the industry's wishes, the provisions on type-approval procedures will initially be implemented on an optional basis as soon as the Member States have transposed the directive into their national legislation.

It is planned that type-approval be implemented on a compulsory basis as from 1 January 2007 but in successive stages, allowing sufficiently long transitional periods so that administrations are not overwhelmed by a flood of type-approval applications all submitted on the same date. Similarly, in order to allow industry to adapt its current production to the new requirements, a two-year transitional period has been allowed, as is customary in this domain.

The proposed timetable for the different categories of vehicles is as follows:

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6.3. Annexes

6.3.1. General

The annexes have been taken over from Directive 2001/116/EC, which result from the consolidation of the various amendments brought over time to Directive 70/156/EEC.

They have been slightly amended with a view to aligning them with the newly added articles. These amendments are highlighted to make them easier to identify.

Besides that, three new annexes have been added:

- Annex XVI which contains the timetable for the enforcement of the type-approval process in respect of all categories of vehicles;

- Annex XVII which establishes the necessary link between the repealed directives, their transposition date and the present directive;

- Annex XVIII which contains a correlation table with the previous Articles of Directive 70/156/EEC, as consolidated by Directive 92/53/EC and amended by Directive 98/14/EC.

Finally, three new appendices specify the impact of Annex IV, Annex VI and Annex VII. The appendix relating to Annex IV contains the requirements concerning the EC type-approval of vehicles belonging to the category M1, produced in small series. The second one relates to Annex VI and constitutes the list of separate Directives and UN/ECE Regulations with which the vehicle complies, while the third concerns the model of the EC type-approval mark which, while already included in some separate Directives, has never been incorporated in the framework Directive.

6.3.2. Annexes I and III

Annex I is the compilation of the full set of information contained in the 56 separate directives listed in Annex IV. It is also the complete list of information for the purposes of vehicle type-approval. A manufacturer must provide an approval authority with a sub-set of this complete list as appropriate, with a view to obtaining a whole vehicle type approval, when he does not want to obtain an approval in accordance with the full set of separate Directives listed in Annex IV. Annex III, on the other hand, contains the necessary particulars that are required to type-approve the vehicle when all systems approvals are available.

It is worth noting that the complete information package is to be circulated to all approval authorities of the Member States as an attachment to the EC type-approval certificate, regardless of which approval procedure the manufacturer may have chosen (step-by-step, single-step or mixed).

6.3.3. Annex II

Annex II contains all the useful definitions necessary in the context of the whole vehicle type-approval. It includes general definitions of categories of vehicles, (similar to those used in the UN/ECE 1958 Agreement) and more specific definitions requested by the EC legislation.

The essential aspects to be used to define a new type of vehicle are described in Section B, allowing manufacturers and type-approval authorities to determine without doubt when a new approval has to be assigned to a vehicle type.

Lastly, Section C includes the definitions of a type of bodywork that are necessary for the classification of vehicles in relation to their design features or seating position arrangements.

6.3.4. Annexes IV and XI

Annex IV contains an exhaustive list of the requirements for granting a type-approval in respect of all categories of vehicles. It is subdivided into three parts.

- Part I relates to the vehicle approval itself and provides a list of 56 separate, compulsory directives ranging from braking systems to tail pipe emissions, etc., 48 of which concern category M1 vehicles, 41 category N1 vehicles, 43 category N2 vehicles and 21 category O4 vehicles.

- Part II is the list of the UN/ECE Regulations to which the Community has adhered as a Contracting Party to the United Nations Economic Commission for Europe for which there exists a corresponding EC Directive, while Part III covers the same Regulations for which there exists no equivalent Directive.

A new appendix has been added to Annex IV, which provides for the specific requirements for the type-approval of vehicles belonging to category M1 produced in small series. Four levels of decision are provided for, e.g. full compliance with the EC requirements (letter X), licence given to a manufacturer to demonstrate that his vehicle type fulfils the main provisions of a Directive (letter C) and so on.

Annex XI, similarly to Annex IV, provides for specific requirements in respect of special vehicles. Four appendices include all the variations permitted with respect to the complete list of Annex IV. The specific vehicles concerned are motor-caravans, ambulances, hearses, armoured vehicles, special purpose vehicles and mobile cranes.

6.3.5. Annexes V and XIV

Annex V is a kind of vade mecum that gives instructions to approval authorities about how to manage the whole vehicle type-approval procedures in the case of complete vehicles, while Annex XIV does the same for the multi-stage approval procedure.

6.3.6. Annexes VI, VIII and IX

Annex VI shows the template of the EC type-approval certificate to be used. The same certificate template has to be used when the authority is granting approvals restricted to its territory, except that the heading may not bear the words 'EC type-approval certificate'.

An appendix has been added to Annex VI, indicating the status of amendments to directives or regulations with which the vehicle complies, when the manufacturer does not apply for the complete set of system approvals.

Annex VIII contains a summary table showing all the environmental performances of a vehicle which has been granted EC type-approval, while the various templates of the certificate of conformity in respect of the categories of vehicles are shown in Annex IX.

6.3.7. Annex VII

This annex gives all the necessary information to type-approval authorities about the implementation of the approval numbering system.

6.3.8. Annex X

The procedures to be followed in respect of the conformity of production survey are described in the three sections of Annex X.

Section 1 sets out the procedure of initial assessment, which seeks to ensure that, before applying for any EC type-approval, a manufacturer has implemented control systems in respect of the conformity of production in each factory plant concerned.

Section 2 contains provisions with respect to product conformity arrangements in order to ensure that the manufacturer will effectively and efficiently control the production.

The continued verification arrangements, described in Section 3, provides provisions for periodical inspections to be conducted by the competent authority to verify that the manufacturer continues to perform the controls as agreed.

6.3.9. Annex XII

This annex determines the limits licensed for production in small series and registration of end-of-series vehicles, which, being in stock at the time of the enforcement of new requirements, cannot be modified to comply with these new requirements.

6.3.10. Annexes XIII and XV

Annex XIII gives the template of the form to be used for the circulation of information between Member States in respect of systems, components and separate technical units approvals each of them has granted.

The template of the certificate to be used in the case of multi-stage approval for which the base vehicle did not receive an EC whole vehicle approval is shown in Annex XV.

6.3.11. Annex XVI

This new Annex contains the timetable for the enforcement of the EC type-approval procedure:

- the first column relates to the application on an optional basis, 12 months after the date of adoption of the proposed directive,

- the second column relates to the implementation on a compulsory basis in respect of new types of vehicles,

- the third column relates to the implementation for existing types of vehicles, taking account of a two-year transitional period to allow industry to adapt its production to new requirements.

7. CONCLUSION

The Commission takes the view that the new directive it is proposing will make the administrative provisions and regulations in force clearer for all partners - be they manufacturers, Member States, candidate countries, approval authorities or technical services, in order to make Community type-approval operational for the various categories of vehicles and their components.

Moreover, by broadening the scope to include commercial vehicles, the directive will contribute measurably to the completion of the internal market in a sector in which the three major economic powers [19] produce 40 million vehicles per year - over 40% of which are from Western Europe alone - and which is showing no signs of slowing down.

[19] Western Europe, North America and Japan.

Replacing national approval procedures by a Community system based on harmonised technical requirements will, without any doubt, speed up and simplify all the administrative formalities that precede vehicle registration.

The Commission also believes that harmonisation of the requirements applicable to vehicles built in small series, initially in the case of passenger cars, will allow smaller manufacturers to gain access to the single market, while achieving a level of safety that matches or even exceeds previous levels.

Lastly, the Commission feels that the introduction of a 'split-level' approach to the regulatory work will help facilitate the adoption of future legislation in the automotive sector.

ê 70/156/EEC (adapted)

Ö Proposal for a Õ

Ö DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE Õ COUNCIL

on the approval of motor vehicles and their trailersÖ , and of systems, components and separate technical units intended for such vehicles Õ

Ö (Text with EEA relevance) Õ

Ö THE EUROPEAN PARLIAMENT AND Õ THE COUNCIL OF THE EUROPEAN Ö UNION Õ ,

Having regard to the Treaty establishing the European Community, and in particular Article Ö 95 Õ thereof , Õ

Having regard to the proposal from the Commission [20] , Õ

[20] OJ C

Having regard to the Opinion of the Ö European Õ Economic and Social Committee [21] , Õ

[21] OJ No C 48, 16.4.1969, p. 14.

Ö Acting in accordance with the procedure referred to in Article 251 of the Treaty [22], Õ

[22] OJ C

Ö Whereas: Õ

ò new

(1) 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 [23], has been substantially amended several times. Since further amendments are to be made, it should be recast in the interests of clarity.

[23] OJ L 42, 23.2.1970, p. 1. Directive as last amended by Regulation No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) For the purposes of the establishment and operation of the internal market of the Community, it is appropriate to replace the Member States' approval systems with a Community approval procedure based on the principle of total harmonisation.

(3) The technical requirements applicable to systems, components, separate technical units and vehicles should be harmonised and specified in separate directives. Those directives should primarily seek to ensure a high level of road safety, health protection, environmental protection, energy efficiency and protection against unauthorised use.

(4) Council Directive 92/53/EEC [24] limited application of the Community whole vehicle type-approval procedure to the vehicle category M1 but, in order to complete the internal market and to ensure that it functions properly, the scope of the present Directive should cover all categories of vehicles, enabling manufacturers to benefit from the advantages of the internal market by means of the Community type-approval.

[24] OJ L 225, 10.8.1992, p. 1.

(5) In order to enable manufacturers to adapt to the new harmonised procedures, a sufficient lead-time should be allowed before Community whole vehicle type-approval becomes compulsory for vehicles belonging to categories other than M1 that are built in one stage. A longer lead-time is required for vehicles of categories other than M1 that require a multi-stage approval, since that procedure will involve body-builders, who will need to gain sufficient experience in that field so that the necessary procedures can be implemented properly.

(6) Until now, manufacturers who produce vehicles in small series have been partially excluded from the benefits of the internal market. Experience has shown that road safety and protection of the environment could be significantly improved if small series vehicles were totally integrated into the Community whole vehicle type-approval system, starting with category M1.

(7) In order to prevent abuse, any simplified procedure for small series vehicles should be restricted to cases of very limited production; it is therefore necessary to define more precisely the concept of small series in terms of the number of vehicles produced.

(8) It is important to lay down measures enabling vehicles to be approved on an individual basis, in order to allow sufficient flexibility in the multi-stage approval system; however, pending the establishment of harmonised, specific Community provisions, Member States should continue to be allowed to grant individual approvals in accordance with their national rules.

(9) Pending application of the Community whole vehicle type-approval procedures to categories of vehicles other than M1, Member States should be allowed to continue to grant vehicle type-approvals on a national basis, and transitional provisions should be laid down accordingly.

(10) By Council Decision 97/836/EC [25], the Community has acceded to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions ('Revised 1958 Agreement'). Consequently, UN/ECE regulations to which the Community accedes, in application of that Decision, and amendments to UN/ECE regulations to which the Community has already acceded should be incorporated within the Community vehicle type-approval procedure either as alternatives to separate directives or as supplementary requirements; it is therefore appropriate to set out provisions in the present Directive to facilitate their effective application.

[25] OJ L 346, 17.12.1997, p. 78.

(11) In order to ensure that the procedure for monitoring conformity of production, which is one of the cornerstones of the Community type-approval system, has been correctly implemented and functions properly, manufacturers should be regularly checked by the competent authority or by an appropriately qualified technical service appointed for that purpose.

(12) It is important that manufacturers supply relevant information to vehicle owners in order to prevent misuse of safety devices. It is appropriate to include provisions thereon in this Directive.

(13) It is also important for equipment manufacturers to have access to certain information that is available only from the vehicle manufacturer, that is to say, the technical information, including drawings, required for the development of parts for the after-sales market.

(14) With the aim of simplifying and accelerating the procedure, the Commission should be entrusted with the task of adopting measures implementing the separate directives as well as measures for adapting the annexes to this Directive and those of the separate directives to the development of scientific and technical knowledge.

(15) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [26].

[26] OJ L 184, 17.7.1999, p. 23.

(16) Since the objectives of the proposed action, namely the achievement of the internal market through the introduction of a compulsory system of Community type-approval for all categories of vehicles, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary for that purpose.

(17) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

(18) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex XVII, Part B,

ê 70/156/EEC (adapted)

HA VE Õ ADOPTED THIS DIRECTIVE:

Ö chapter i Õ

Ö general provisions Õ

ò new

Article 1

Subject matter

This Directive lays down the administrative provisions and general technical requirements for approval of all new vehicles within its scope and of the systems, components and separate technical units intended for those vehicles, with a view to facilitating their registration, sale and entry into service within the Community.

Specific technical requirements shall be laid down in application of this Directive in separate directives, adopted in accordance with Article 95 of the Treaty, the exhaustive list of which is set out in Annex IV to this Directive.

ê 92/53/EEC Art. 1(1) (adapted)

ð new

Article Ö 2 Õ

Scope

Ö 1. Õ This Directive applies to the type-approval of Ö Õ vehicles ð designed and constructed ï in one or more stages ð for use on the road; ï, and of systems, components and separate technical units designed and constructed for such vehicles .

ð It also applies to the individual approval of such vehicles. ï2. This Directive Õ does not apply to ð the type-approval or individual approval of the following vehicles ï:

ð (a) agricultural or forestry tractors, as defined in Council Directive 74/150/EEC [27], and trailers designed and constructed specifically to be towed by them; ï

[27] OJ L 84, 28.3.1974, p. 10.

(b) quadricycles Ö as defined in Directive 2002/24/EC of the European Parliament and Council [28]; Õ

[28] OJ L 124, 9.5.2002, p. 1.

ò new

(c) vehicles designed and constructed for use principally on construction sites or in quarries, port or airport facilities;(d) armoured vehicles designed and constructed for use by the army, civil defence and forces responsible for maintaining public order;

(e) mobile machinery;

(f) tracked vehicles;

(g) vehicles intended exclusively for racing on roads;

(h) prototypes of vehicles used on the road under the responsibility of a manufacturer to perform a specific test programme.

3. The vehicles referred to in points (g) and (h) of paragraph 2 may be approved on an individual basis only for the specific purpose for which they have been designed and constructed.

ê 92/53/EEC Art. 1(1) (adapted)

ð new

Article Ö 3 Õ

Definitions

For the purposeÖ s Õ of this Directive ð and of the directives listed in Annex IV, save as otherwise provided therein: ï

(1) 'type-approval' means the procedure whereby a Member State certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant Ö administrative provisions and Õ technical requirements Ö ; Õ

ò new

(2) 'national type-approval' means a type-approval procedure laid down by the national law of a Member State, the validity of such approval being restricted to the territory of that Member State;

(3) 'EC type-approval' means the procedure whereby a Member State certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of this Directive and of the separate directives and/or UN/ECE regulations listed in Annex IV or XI;

(4) 'individual approval' means the procedure whereby a Member State certifies that a particular vehicle satisfies the relevant administrative provisions and technical requirements;

ê 92/53/EEC Art. 1(1) (adapted)

(5) 'multi-stage type-approval' means the procedure whereby one or more Member States certify that, depending on the state of completion, an incomplete or completed Ö type of Õ vehicle satisfies the relevant Ö administrative provisions and Õ technical requirements of this Directive ; Õ

ò new

(6) 'step-by-step approval procedure' means a vehicle approval procedure consisting in the step-by-step collection of the whole set of EC type-approval certificates for the systems, components and separate technical units relating to the vehicle, and which leads, at the final stage, to the approval of the whole vehicle;

(7) 'single-step approval procedure' means a procedure consisting in the approval of a vehicle as a whole by means of a single operation;

(8) 'mixed approval procedure' means a step-by-step approval procedure for which one or more system approvals are achieved during the final stage of the approval of the whole vehicle, without it being necessary to issue the EC type-approval certificates for those systems;

(9) 'motor vehicle' means any power-driven vehicle which is moved by its own means, having at least four wheels, being complete, completed or incomplete, with a maximum design speed exceeding 25 km/h;

(10) 'trailer' means any non-self-propelled vehicle which is designed and constructed to be towed by a motor vehicle;

ê 92/53/EEC Art. 1(1) (adapted)

(11) 'vehicle' means any motor vehicle or its trailer ; Õ

ò new

(12) 'hybrid motor vehicle' means any motor vehicle fitted, in order to ensure its propulsion, with at least an internal combustion engine and an electrical engine;

(13) 'mobile machinery' means any self-propelled vehicle which is designed and constructed specifically to perform work off the road or to perform specific work in agriculture or forestry and which, because of its construction characteristics, is not suitable for carrying passengers or for transporting goods. Machinery mounted on a motor vehicle chassis shall not be considered as mobile machinery;

ê 92/53/EEC Art. 1(1) (adapted)

ð new

(14) Ö 'type of vehicle' means vehicles of a particular category which do not differ in at least the essential respects specified in Annex II, Section B. A type of vehicle may contain variants and versions as defined in Annex II, Section B; Õ(15) 'base vehicle' means any ð complete or ï incomplete vehicle which is ð used at the initial ï stage of Ö a Õ multi-stage type-approval process ; Õ

(16) 'incomplete vehicle' means any vehicle which Ö must undergo at least one further stage of Õ completion in order to meet the relevant technical requirements of this Directive ; Õ

(17) 'completed vehicle' means a vehicle, resulting from the process of multi-stage type-approval, which meets the relevant technical requirements of this Directive ; Õ

ò new

(18) 'complete vehicle' means any vehicle which need not be completed in order to meet the relevant technical requirements of this Directive;

(19) 'end-of-series vehicle' means any vehicle that is part of a stock which cannot be registered or sold or entered into service owing to the entry into force of new technical requirements which, by virtue of its design, it cannot satisfy;

ê 92/53/EEC Art. 1(1) (adapted)

ê 92/53/EEC Art. 1(1) (adapted)

ð new

(20) 'system' means ð a set of devices combined to perform a specific function in a vehicle; ï

(21) 'component' means a device, intended to be part of a vehicle, which may be type-approved independently of a vehicle ; Õ

(22) 'separate technical unit' means a device, intended to be part of a vehicle, which may be type-approved separately but only in relation to one or more specified types of vehicleÖ Õ ; Õ

(23) 'manufacturer' means the Ö natural or legal Õ person responsible for the Ö design and Õ construction of Ö a Õ vehicle, system, component or separate technical unit ð with a view to placing it on the market under the name or make of that person or any natural or legal person who has designed and constructed a vehicle for his own use; ï

ò new

(24) 'manufacturer's representative' means any natural or legal person established in the Community who is duly appointed by the manufacturer to represent him before the competent authority and to act on his behalf in matters covered by this Directive, and where reference is made to the term 'manufacturer', it must be understood as indicating either the manufacturer or his representative;

ê 92/53/EEC Art. 1(1) (adapted)

ð new

(25) 'approval authority' means the authority of a Member State Ö with competence Õ for all aspects of Ö the Õ approval of a type of vehicle, system, component or separate technical unit Ö or of the individual approval of a vehicle; Õ Ö for issuing Õ andÖ , Õ if appropriate , Õ withdrawÖ ing Õ approval certificates ; Õ Ö for acting Õ as the contact point Ö for Õ the approval authorities of other Member StatesÖ ; Õ and for verifying the manufacturer's Ö arrangements for the Õ conformity of production ; Õ

(26) 'technical service' means Ö an Õ organisation or body appointed Ö by the approval authority of a Member State Õ as a testing laboratory to carry out testsÖ , Õ or as a conformity assessment body to carry out ð the initial assessment and other ï tests or inspections, Ö it being possible for Õ the approval authority itself Ö to carry out those functions Õ ð provided that its competence is properly documented; ï

ò new

(27) 'type-approval certificate' means the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is approved;

(28) 'EC type-approval certificate' means the certificate set out in Annex VI to this Directive or in the corresponding annex to a separate directive, the communication form set out in the relevant Annex to one of the UN/ECE Regulations listed in Annex IV, Part II or Part III, being deemed to be equivalent thereto;

(29) 'individual approval certificate' means the document whereby the approval authority or a duly appointed delegate officially certifies that a particular vehicle is approved;

(30) 'certificate of conformity' means the document set out in Annex IX, issued by the manufacturer and certifying that a vehicle belonging to the series of the type approved in accordance with this Directive complies with all applicable separate directives and UN/ECE regulations at the time of its production and stating that it may be registered or put into service in the Member States without any additional inspection, it being permissible to use the certificate of conformity for the purposes of registration;

ê 92/53/EEC Art. 1(1) (adapted)

ð new

(31) 'information document' means the document set out in Annex I or Annex III to this DirectiveÖ , Õ or Ö in Õ the corresponding a Õnnex to a separate directiveÖ , Õ that prescribes the information to be supplied by an applicant, ð it being permissible to supply the information document in the form of an electronic file; ï

(32) 'information folder' means the Ö complete Õ folderÖ , including the information document, Õ fileð , ï data, drawings, photographs, Ö and so on, Õ supplied by the applicantÖ , Õ ð it being permissible to supply the information folder in the form of an electronic file; ï

(33) 'information package' means the information folder Ö accompanied by the Õ test reports Ö and all Õ other documents Ö added by Õ the technical service or Ö by Õ the approval authority to the information folder in the course of carrying out their functions ð , it being permissible to supply the information package in the form of an electronic file; ï

(34) 'index to the information package' means the document list ing Õ the contents of the information packageÖ , Õ suitably numbered or otherwise marked Ö so as Õ to identify Ö clearly Õ all Ö the Õ pages , the format of that document being such as to present a record of the successive steps in the management of the EC type-approval, in particular the dates of the revisions and updating. ï

ò new

chapter ii

general obligations

Article 4

Obligations of the Member States

1. The Member States shall ensure that manufacturers applying for approval comply with their obligations under this Directive.

2. The Member States shall approve only such vehicles, systems, components or separate technical units as satisfy the requirements of this Directive.

3. The Member States shall register or permit the sale or entry into service only of such vehicles, components and separate technical units as satisfy the requirements of this Directive.

4. The Member States shall establish or appoint the authorities competent in matters concerning approval, and notify such establishment or appointment in accordance with Article 38.

Article 5

Obligations of the manufacturers

1. The manufacturer is responsible to the approval authority for all aspects of the approval process and for ensuring conformity of production, whether or not the manufacturer is directly involved in all stages of the construction of a vehicle, system, component or separate technical unit.

2. In the case of multi-stage type-approval, each manufacturer is responsible for the approval and conformity of production of the systems, components or separate technical units added at the stage of vehicle completion handled by him.

The manufacturer who modifies components or systems already approved at earlier stages shall be responsible for the approval and conformity of production of those components and systems.

3. For the purposes of this Directive, a manufacturer established outside the Community shall appoint a representative established in the Community to represent him before the approval authority.

ê 92/53/EEC Art. 1(1) (adapted)

Ö chapter iii Õ

Ö ec type-approval procedures Õ

Ö Article 6 Õ

Ö Procedures to be followed for the EC type-approval of vehicles Õ

ò new

1. The manufacturer may choose one of the following procedures:

(a) step-by-step approval;

(b) single-step approval;

(c) mixed approval.

ê 98/14/EC Art. 1(1) (adapted)

ð new Ö 2 Õ. AÖ n a Õpplication for ð step-by-step ï approval shall Ö consist in the Õ information folder containing the information required Ö under Õ Annex III and Ö shall be accompanied Õ by the Ö complete set of EC type- Õapproval certificates Ö required pursuant to Õ each of the applicable separate d Õirectives Ö or UN/ECE Regulations listed Õ in AnnexÖ es Õ IV or XI Ö . In the case of the EC type-approval of a Õ system Ö or Õ separate technical unitÖ , pursuant to the applicable Õ separate d ÕirectiveÖ s or UN/ECE Regulations, Õ the approval authority Ö shall have access to the related information package until such time as Õ the approval is either issued or refused.

ê 92/53/EEC Art. 1(1) (adapted)

ð new Ö 3 Õ. A Õn application ð for single-step approval ï shall Ö consist in the Õ information folder containing the relevant information required Ö under Õ Annex IÖ , Õ in relation to the separate d Õirectives Ö or UN/ECE Regulations Õ specified in Annex IV or XI and, where applicable, Ö in Õ Part II of Annex III.

Ö 4 Õ. In the case of ð a mixed approval procedure, the approval authority may exempt a manufacturer from the obligation to produce one or more EC system type-approval certificates, provided that the information folder is supplemented by the particulars, specified in Annex I, required for the approval of those systems during the vehicle approval phase, in which case each of the EC type-approval certificates thus waived shall be replaced by a test report. ï

Ö 5. Without prejudice to paragraphs 2, 3 and 4, the following information shall be supplied for the purposes of Õ multi-stage type-approval :

Ö (a) Õ at the first stage Ö , Õ those parts of the information folder and the Ö EC type- Õapproval certificates required for a complete vehicle which are relevant to the state of completion of the base vehicleÖ ; Õ

Ö (b) Õ at the second and subsequent stagesÖ , Õ those parts of the information folder and the Ö EC type- Õapproval certificates which are relevant to the current stage of constructionÖ , together with Õ a copy of the Ö EC type- Õapproval certificate for the incomplete vehicle issued at the Ö preceding Õ stage of Ö construction Õ; in addition, the manufacturer shall supply full details of Ö any Õ changes Ö or Õ additions Ö that he has made Õ to the incomplete vehicle.

Ö 6 Õ. T Õhe manufacturer Ö shall submit the application Õ to the approval authorityÖ . Only one application may be submitted in respect of a particular type of vehicle and it may be submitted in only one Õ Member State.

A separate application shall be submitted for each type to be approved.

ò new

7. The approval authority may, by reasoned request, call upon the manufacturer to supply any additional information needed to enable a decision to be taken on what tests are required or to facilitate the execution of those tests.

8. The manufacturer shall make available to the approval authority as many vehicles as are necessary to enable the type-approval procedure to be conducted satisfactorily.

ê 92/53/EEC Art. 1(1) (adapted)

Ö Article 7 Õ

Ö Procedure to be followed for the EC type-approval of systems, components or separate technical units Õ

Ö 1. The manufacturer shall submit the application to the approval authority. Only one application may be submitted in respect of a particular type of system, component or separate technical unit and it may be submitted in only one Member State. A separate application shall be submitted for each type to be approved. Õ

Ö 2. The application shall be accompanied by the information folder, the content of which is specified in the separate directives. Õ

ò new

3. The approval authority may, by reasoned request, call upon the manufacturer to supply any additional information needed to enable a decision to be taken on what tests are required or to facilitate the execution of those tests.

4. The manufacturer shall make available to the approval authority as many vehicles, components or separate technical units as are required under the relevant separate directives for the performance of the required tests.

ê 92/53/EEC Art. 1(1) (adapted)

Ö chapter iv Õ

Ö conduct of the ec type-approval procedures Õ

Ö Article 8 Õ

Ö General provisions Õ

ò new

1. The Member States may not grant any EC type-approval without first ensuring that the procedures referred to in Article 11 have been duly and satisfactorily implemented.

2. The Member States shall grant EC type-approvals in accordance with Articles 9 and 10.

ê 92/53/EEC Art. 1(1) (adapted)

ð new

Ö 3. If a Member State finds that a type of vehicle, system, component or separate technical unit, albeit in conformity with the required provisions, presents a serious risk to road safety Õ ð or seriously harms the environment or, in the context of the prevention of waste from vehicles, seriously harms public health ï, Ö it may refuse to grant EC type-approval. In this case, it shall immediately send the other Member States and the Commission a detailed file explaining the reasons for its decision Õ ð and setting out the evidence for its findings. ï

Ö 4. EC type-approval certificates shall be numbered in accordance with the method described in Annex VII. Õ

Ö 5. The approval authority shall, Õ ð within 20 working days, ï Ö send to the approval authorities of the other Member States a copy of the EC vehicle type-approval certificate, together with the attachments, for each type of vehicle which it has approved. Õ ð The hard copy may be replaced by an electronic file, provided that it is authenticated by means of an electronic signature or equivalent. ï

Ö 6. The approval authority shall Õ ð inform without delay ï Ö the approval authorities of the other Member States of its refusal or withdrawal of any vehicle approval Õ ð , together with the reasons for its decision. ï

Ö 7. The approval authority shall send Õ ð at three-monthly intervals ï Ö to the approval authorities of the other Member States a list of the system, component or separate technical unit EC type-approvals it has granted, Õ ð amended, ï Ö refused to grant or withdrawn during the preceding period. That list shall contain the particulars specified in Annex XIII. Õ

Ö 8. If so requested by another Member State, the Member State which has granted an EC type-approval shall, Õ ð within 20 working days of receiving that request, ï Ö send a copy of the EC type-approval certificate in question, together with the attachments. Õ ð An electronic file may replace the hard copy. ï

Ö Article 9 Õ

Ö Specific provisions concerning vehicles Õ

1. Ö The Õ Member StateÖ s Õ shall grant Ö an EC approval in respect of Õ:

(a) Ö a Õ type

Ö of Õ vehicle which conformÖ s Õ to the particulars in the information folder and which meetÖ s Õ the technical requirements Ö specified by Õ the relevant separate d Õirectives Ö or UN/ECE Regulations Õ Ö listed Õ in Annex IV ; Õ

Ö (b) Õ Ö a type of Õ special-purpose vehicle which conformÖ s Õ to the particulars in the information folder and which meetÖ s Õ the technical requirements Ö specified by Õ the Ö relevant Õ separate d Õirectives Ö or UN/ECE Regulations listed in Õ Annex XI.

The procedures described in Annex V Ö shall apply. Õ

Ö 2. The Member States shall grant a Õ multi-stage type-approval Ö in respect of a type of Õ incomplete or completed vehicle which conformÖ s Õ to the particulars in the information folder and which meetÖ s Õ the technical requirements Ö specified by Õ the relevant separate d Õirectives Ö or UN/ECE Regulations listed Õ in AnnexÖ es Õ IV or XIÖ , having regard to Õ the state of completion of the vehicle .

The procedures described in Annex XIV Ö shall apply. Õ

Ö 3. In respect of each type of vehicle, the approval authority shall: Õ

Ö (a) complete all the relevant sections of the EC type-approval certificate, including the test results sheet appended thereto, in accordance with the model set out in Annex VIII; Õ

Ö (b) compile or verify the index to the information package; Õ

Ö (c) issue the completed certificate, together with its attachments, to the applicant without delay. Õ

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4. In the case of an EC type-approval in relation to which, in accordance with Article 19, Article 21 or Annex XI, restrictions have been imposed as to its validity, or certain provisions of the separate directives have been waived, the EC type-approval certificate shall specify those restrictions or waivers.

5. Where particulars in the information folder specify provisions for special purpose vehicles as indicated in Annex XI, the EC type-approval certificate shall specify those provisions.

6. Where the manufacturer chooses the mixed approval procedure, the approval authority shall complete, in Part III of the information document, the model for which is set out in Annex III, the references for the test reports, established by separate directives or UN/ECE Regulations, for which no EC type-approval certificate is available.

7. Where the manufacturer chooses the single-step approval procedure, the approval authority shall establish the list of applicable separate directives and UN/ECE Regulations, the template of which is shown in Appendix 1 to Annex VI, and append that list to the EC type-approval certificate.

ê 92/53/EEC Art. 1(1) (adapted)

è1 98/14/EC Art. 1(2) pt. a

è2 98/14/EC Art. 1(2) pt. b

Ö Article 10 Õ

Ö Specific provisions concerning systems, components or separate technical units Õ

Ö 1. Õ Ö The Member States shall grant an EC Õ type-approval Ö in respect of a system Õ which conformÖ s Õ to the particulars in the information folder and which meetÖ s Õ the technical requirements Ö laid down in Õ è1 the relevant separate d ÕirectiveÖ , Õ as Ö prescribed Õ in Annex IV or XI ç.

Ö 2. The Member States shall grant a Õ component or separate technical unit Ö EC Õ type-approval Ö in respect Õ of Ö a Õ component or separate technical unit which conformÖ s Õ to the particulars in the information folder and which meetÖ s Õ the technical requirements Ö laid down Õ in è2 the relevant separate d ÕirectiveÖ , Õ as Ö prescribed Õ in Annex IV ç .

ò new

3. Where components or separate technical units, whether or not intended for repair, servicing or maintenance, are also covered by a system type-approval with respect to a vehicle, no additional component or separate technical unit approval shall be required unless provided for under the relevant separate directive.

ê 98/14/EC Art. 1(2) pt. c (adapted)

ê 92/53/EEC Art. 1(1) (adapted)

ð new

4. Where Ö a Õ component or separate technical unit fulfils its function or offers a specific feature only in conjunction with other parts of the vehicleÖ , thereby making it possible to verify Õ compliance with Ö the Õ requirements only when the component or separate technical unit Ö is operating Õ in conjunction with Ö those Õ other vehicle parts, the scope of the Ö EC Õ type-approval of the component or the separate technical unit must be restricted accordingly. Ö In such cases, Õ t Õhe Ö EC Õ type-approval certificate shall Ö specify Õ any restriction on its use and shall indicate Ö the special Õ conditions Ö for its mounting Õ. Ö When such a component or separate technical unit is fitted by the vehicle manufacturer, compliance with any applicable Õ restrictions Ö on use Õ or conditions Ö for mounting Õ shall be verified at the time Ö when Õ the vehicle Ö is approved Õ.

Ö Article 11 Õ

Ö Conformity of production arrangements Õ

Ö 1. The Member State which grants an EC type-approval shall take the necessary measures in accordance with Annex X to verify, if need be in co-operation with the approval authorities of the other Member States, that adequate arrangements have been made to ensure that production vehicles, systems, components or separate technical units, as the case may be, conform to the approved type. Õ

Ö 2. The Member State which has granted an EC type-approval shall take the necessary measures in accordance with Annex X in relation to that approval to verify, if need be in co-operation with the approval authorities of the other Member States, that the arrangements referred to in paragraph 1 continue to be adequate and that production vehicles, systems, components or separate technical units, as the case may be, continue to conform to the approved type.

Verification to ensure that products conform to the approved type shall be limited to the procedures set out in Annex X and in those separate directives and UN/ECE Regulations that contain specific requirements. Õ ð To that end, the approval authority of the Member State which has granted the EC type-approval may carry out any of the checks or tests prescribed in any of the separate directives or UN/ECE Regulations listed in Annex IV or Annex XI on samples taken in the premises of the manufacturer, including production facilities. ï

ê 98/14/EC Art. 1(3) (adapted)

ð new

Ö chapter v Õ

Ö amendments to ec type-approvals Õ

Ö Article 12 Õ

Ö General provisions Õ

1. The Ö manufacturer shall inform without delay the Õ Member State Ö that Õ granted Ö the EC Õtype- approval of any change in the particulars Ö recorded Õ in the information package. Ö That Member State shall decide, in accordance with the rules laid down in this Chapter, which procedure is to be followed. Õ ð Where necessary, the Member State may decide, in agreement with the manufacturer, that a new EC type-approval is to be granted. ï

2. Ö An Õ application for Ö the Õ amendment of Ö an EC Õ type-approval shall be submitted exclusively to the Member State Ö that Õ granted the original Ö EC type Õ -approval.

3.

If the Member State finds thatÖ , for the purposes of making Õ an amendmentÖ , fresh inspections or Õ fresh tests Ö are necessary Õ , it shall inform the manufacturer Ö accordingly. The procedures referred to in Articles 13 and 14 shall apply Õ only after the Ö requisite fresh inspections or Õ fresh tests Ö have been successfully carried out Õ.

Ö Article 13 Õ

Ö Specific provisions concerning vehicles Õ

1 Õ . If particulars Ö recorded Õ in the information package have changed, Ö the amendment shall be designated a 'revision'. Õ

Ö In such cases, Õ the approval authority shall issue Ö the Õ revised pages of the information package as necessary, marking each revised page to show clearly the nature of the change and the date of re-issue . A Õ consolidated, updated version of the information packageÖ , Õ accompanied by a detailed description of the changeÖ s, Õ shall be deemed to meet this requirement.

Ö 2. A revision shall be designated an 'extension' if, in addition to the provisions of paragraph 1: Õ

Ö (a) further inspections are required; Õ

Ö (b) any information on the EC type-approval certificate, with the exception of its attachments, has changed; Õ

Ö (c) new requirements under any of the separate directives or UN/ECE Regulations applicable to the approved vehicle type enter into force. Õ

Ö In such cases, the approval authority shall issue a revised EC type-approval certificate denoted by an extension number, Õ ð incremented in accordance with the number of successive extensions already granted. ï

Ö The approval certificate shall show clearly the reason for the extension and the date of re-issue. Õ

Ö 3. Whenever amended Õ pages or a consolidated, updated version are issued, the index to the information package attached to the approval certificate shall be amended Ö accordingly Õ to show the dates of Ö the most recent extension or revision, Õ or the date of the Ö most recent consolidation of the Õ updated version.

Ö 4. No amendment to the approval of a type of vehicle shall be required if the new requirements referred to in paragraph 2(c) are, from a technical point of view, irrelevant to that type of vehicle or concern categories of vehicle other than the category to which it belongs. Õ

Ö Article 14 Õ

Ö Specific provisions concerning systems, components or separate technical units Õ

Ö 1. If particulars specified in the information package have changed, the amendment shall be designated a 'revision'. Õ

Ö In such cases, the approval authority shall issue the revised pages of the information package as necessary, marking each revised page to show clearly the nature of the change and the date of re-issue. A consolidated, updated version of the information package, accompanied by a detailed description of the changes, shall be deemed to meet this requirement. Õ

Ö 2. The revision shall be designated an 'extension' if, in addition to the provisions of paragraph 1: Õ

Ö (a) further inspections are required; Õ

Ö (b) any information on the EC type-approval certificate, with the exception of its attachments, has changed; Õ

Ö (c) new requirements under any of the separate directives or UN/ECE Regulations applicable to the approved system, component or separate technical unit enter into force. Õ

Ö The approval authority shall issue a revised EC type-approval certificate, denoted by an extension number, Õ ð incremented in accordance with the number of successive extensions already granted. In cases where the amendment is necessitated by the application of paragraph 2(c), the third section of the approval number shall be updated. ï

Ö The approval certificate shall show clearly the reason for the extension and the date of re-issue. Õ

Ö 3. Whenever amended pages or a consolidated, updated version are issued, the index to the information package attached to the approval certificate shall be amended accordingly to show the dates of the most recent extension or revision or the date of the most recent consolidation of the updated version. Õ

Ö Article 15 Õ

Ö Issue and notification of amendments Õ

Ö 1. In the case of an extension, the approval authority shall update all relevant sections of the EC type-approval certificate, the attachments thereto, and the index to the information package. Õ ð The updated certificate and its attachments shall be issued to the applicant without delay. ï

Ö 2. In the case of a revision, the revised documents or the consolidated, updated version, as appropriate, including the revised index to the information package, Õ ð shall be issued by the approval authority to the applicant without delay. ï

Ö 3. The approval authority shall notify a Õny Ö amendment made to EC type-approvals Õ to Ö the Õ approval authorities Ö of the other Member States in accordance with the procedures referred to in Article 8 Õ .

Ö chapter vi Õ

Ö validity of an ec vehicle type-approval Õ

Ö Article 16 Õ

Ö Termination of validity Õ

ò new

1. An EC vehicle type-approval shall cease to be valid in any of the following cases:

(a) new requirements in any separate directive or UN/ECE Regulation applicable to the approved vehicle enter into force, and it is not possible to update the approval accordingly;

(b) production of the approved vehicle is definitively discontinued;

(c) the validity of the approval expires by virtue of a special restriction.

2. Where only one variant within a type or one version within a variant becomes invalid, the EC vehicle type-approval shall lose validity only in so far as the particular variant or version is concerned.

3. When production of a particular type of vehicle is definitively discontinued, the manufacturer shall notify the approval authority that granted the EC vehicle type-approval. Upon receiving such notification, that authority shall inform the approval authorities of the other Member States accordingly within 20 working days.

Article 26 shall apply only to discontinuation in the circumstances referred to in point (a) of paragraph 1 .

ê 98/14/EC Art. 1(3) (adapted)

4 Õ. WÖ ithout prejudice to paragraph 3, in cases w Õhere aÖ n EC Õ vehicle type-approval is Ö due Õ to become invalid , the Ö manufacturer shall notify the Õ approval authority Ö that Õ granted Ö the EC type- ÕapprovalÖ .

The approval authority Õ shall Ö without delay Õ communicate Ö all relevant information Õ to the approval authorities of the other Member States Ö so as to enable the application, where appropriate, of Article 26. That communication shall specify, in particular, the Õ date Ö of production and Õ the vehicle identification number of the last vehicle produced .

ê 92/53/EEC Art. 1(1) (adapted)

Ö chapter vii Õ

Ö certificate of conformity and markings Õ

Article Ö 17 Õ

Certificate of conformity

1. The manufacturer, in his capacity as the holder of an Ö EC Õ vehicle type-approval, shall Ö deliver Õ a certificate of conformity Ö to Õ accompany each vehicle, whether completeÖ , Õ incomplete Ö or completed, that is Õ manufactured in conformity with the approved vehicle type.

In the case of an incomplete or completed vehicle , the manufacturer shall complete only those items on side 2 of the certificate of conformity which have been added or changed at the current stage of approval and, if applicable, shall attach to Ö the Õ certificate all certificates of conformity delivered at the previous stages.

ò new

2. The certificate of conformity shall be drawn up in one of the official languages of the Community.

ê 98/14/EC Art. 1(4) (adapted)

Ö 3. Õ The certificate of conformity shall be Ö designed Õ to prevent forgery. Ö To that end, Õ the paper Ö used shall be Õ protected either by coloured graphics or Ö by a Õ watermark Ö in the form of Õ the manufacturer's identification mark.

ò new

4. A duplicate of the certificate of conformity may be issued only by the manufacturer. The word "duplicate" must be clearly visible on the face of any duplicate certificate.

5. The certificate of conformity shall be completed in its entirety and shall not contain restrictions as regards the use of the vehicle other than those provided for in a separate directive or UN/ECE Regulation.

6. The certificate of conformity for vehicles approved in accordance with Article 19 shall bear the additional statement "sale, entry into service and registration permitted in application of Article 19 of Directive [this Directive......]".

7. The certificate of conformity, as described in Annex IX, Part I, for vehicles type-approved in accordance with Article 21 shall display in the title thereof the phrase "For complete/completed 1 vehicles type-approved in small series", and in close proximity thereto a sequential number, between 1 and the limit indicated in the table set out in Annex XII, denoting, in respect of each year of production, the position of that vehicle within the production allocated for that year.

8. The certificate of conformity for vehicles approved in accordance with Article 26 shall, in the case of an end-of-series waiver, bear the additional statement "sale, entry into service and registration permitted in application of Article 26 of Directive [this Directive......]".

Member States may apply equivalent measures in so far as they enable the number of vehicles to be registered in the framework of that procedure to be effectively monitored.

ê 92/53/EEC Art. 1(1) (adapted)

ð new

Ö Article 18 Õ

Ö EC type-approval mark Õ

Ö 1 Õ. The manufacturer of a component or separate technical unitð , whether or not it is part of a system, ï shall affix to each component or unit manufactured in conformity with the approved type the Ö EC Õ type-approval markÖ required by the relevant separate Directive Õ . Ö 2. Where no EC type-approval mark is required, the manufacturer shall affix at least: Õ Ö his trade name or trade mark, Õ and Ö the type number and/or an identification number. Õ

ò new

3. The EC type-approval mark shall be composed in accordance with Appendix 1 to Annex VII.

ê 92/53/EEC Art. 1(1) (adapted)

ð newÖ chapter viii Õ

Ö new technologies or concepts incompatible with separate directives Õ

Ö Article 19 Õ

Ö Exemptions for new technologies or new concepts Õ

Ö 1. The Member States may, on application by the manufacturer, grant an EC type-approval in respect of a type of system, component or separate technical unit that incorporates technologies or concepts which are incompatible with one or more separate directives, subject to authorisation being granted by the Commission in accordance with the procedure referred to in Article 37(2). Õ

Ö 2. Pending the decision as to whether or not authorisation is granted, the Member State may grant Õ ð a provisional approval ï Ö , valid only in its territory, in respect of a type of vehicle covered by the exemption sought, provided that it informs the Commission and the other Member States thereof without delay by means of a file containing the following elements: Õ

Ö (a) the reasons why the technologies or concepts in question make the system, component or separate technical unit incompatible with the requirements; Õ

Ö (b) a description of the safety and environmental considerations concerned and the measures taken; Õ

Ö (c) a description of the tests, including their results, demonstrating that, by comparison with the requirements from which exemption is sought, at least an equivalent level of safety and environmental protection is ensured. Õ

Ö 3. The Commission shall decide, in accordance with the procedure referred to in Article 37(2), whether or not to allow the Member State to grant an EC type-approval in respect of that type of vehicle. Õ

Ö Where appropriate, the decision shall also specify whether its validity is subject to any restrictions, such as time-limits. In all cases, the validity of the approval shall not be less than thirty-six months. Õ

ò new

If the Commission decides to refuse authorisation, the Member State shall revoke the provisional type-approval referred to in paragraph 2 of this Article.4.

Paragraphs 1, 2 and 3 shall not be invoked where a system, component or separate technical unit complies with a UN/ECE Regulation to which the Community has acceded.

ê 92/53/EEC Art. 1(1) (adapted)

ð new

Ö Article 20 Õ

Ö Action required Õ

Ö 1. Where the Commission finds that there are sound grounds for granting an exemption pursuant to Article 19, it shall immediately take the necessary steps to adapt the separate directives concerned to technological developments, in accordance with the procedure referred to in Article 37(2). Õ

Ö 2. As soon as the relevant separate directives have been amended, Õ ð any restriction attaching to the exemption shall be lifted immediately. ï

Ö Where it is not possible to amend the separate directives, the validity of an exemption may be extended, at the request of the Member State which granted the approval, by another decision adopted in accordance with the procedure referred to in Article 37(2). Õ

Ö chapter ix Õ

Ö vehicles produced in small series Õ

ò new

Article 21

EC type-approval

1. At the request of the manufacturer and within the quantitative limits set out in Annex XII, Part A, Section 1, Member States shall grant, in accordance with the procedure referred to in Article 6(4), an EC type-approval in respect of a type of vehicle which satisfies at least the requirements listed in Annex IV, Part I, Appendix l.

2. Paragraph 1 shall not apply to special purpose vehicles.

3. EC type-approval certificates shall be numbered in accordance with the method described in Annex VII.

ê 92/53/EEC Art. 1(1) (adapted)

Ö Article 22 Õ

Ö National type-approval Õ

Ö 1. In the case of vehicles produced within the quantitative limits specified in Annex XII, Part A, Section 2, Member States may waive one or more of the provisions of one or more of the separate directives or UN/ECE regulations listed in Annex IV or Annex XI. Õ

ê 92/53/EEC Art. 1(1) (adapted)

ð new

Ö 2. Member States may, in the case of the vehicles referred to in paragraph 1, waive one or more of the provisions of this Directive Õ ð provided that they lay down ï Ö relevant alternative provisions. Õ

ò new

3. A waiver pursuant to paragraph 1 shall not be granted or maintained if it has, or is likely to have, an adverse effect on any other policy pursued by the Community.

4. The type-approval certificate shall specify the nature of the waivers granted pursuant to paragraph 1.

The type-approval certificate, the model for which is set out in Annex VI, shall not bear the heading 'EC vehicle type-approval certificate'. However, type-approval certificates shall be numbered in accordance with the method described in Annex VII.

ê 92/53/EEC Art. 1(1) (adapted)

ð new

Ö 5. If the manufacturer so requests, the approval authority shall send Õ ð by registered mail ï Ö a copy of the type-approval certificate and its attachments to the approval authorities of the Member States designated by the manufacturer. Õ

ð Within 20 working days of receipt ïÖ , such a Member State shall decide whether or not it accepts the type-approval and how many such vehicles may be registered, sold or put into service within its territory. It shall formally communicate that decision to the approval authority referred to in the first subparagraph, Õ ð failing which it shall be deemed to have refused the type-approval. ï

ò new

chapter x

individual approvals

Article 23

General provisions

1. Member States may exempt a particular vehicle from compliance with one or more of the provisions of this Directive or with one or more of the separate directives or UN/ECE regulations listed in Annex IV or XI, provided that they impose comparable national requirements based on those measures which ensure an equivalent level of environmental protection and road safety.

Member States shall accept any system, component, separate technical unit or incomplete vehicle EC type-approval instead of the relevant national requirements.

2. The application for individual approval shall be submitted by the manufacturer or by the owner of the vehicle.

A Member State shall grant an individual approval if the vehicle conforms to the description appended to the application and satisfies the technical requirements applicable.

The validity of an individual approval shall be restricted to the territory of the Member State that granted the approval.

The format of the individual approval certificate shall be established on the basis of this Directive and shall contain at least the information necessary to complete the application for registration provided for in Council Directive 1999/37/EC [29]. Individual approval certificates shall not bear the heading 'EC vehicle approval'.

[29] OJ L 138, 1.6.1999, p. 57.

An individual approval certificate shall bear the vehicle identification number of the vehicle concerned.

3. The approval authority may delegate responsibility for issuing individual approvals to a duly accredited representative. The other Member States and the Commission shall be notified thereof in accordance with Article 38.

Article 24

Specific provisions

1. The procedure provided for in Article 23 may apply to a particular vehicle during the successive stages of its completion in accordance with a multi-stage type-approval procedure.

2. The procedure provided for in Article 23 may not replace an intermediate stage within the normal sequence of a multi-stage type-approval procedure and may not apply for the purposes of obtaining the first-stage approval of a vehicle.

ê 92/53/EEC Art. 1(1) (adapted)

Ö chapter xi Õ

Ö registration, sale and entry into service Õ

Article Ö 25 Õ

RegistrationÖ , sale Õ and entry into service Ö of vehicles Õ

1. Ö Without prejudice to the provisions of Articles 28 and 29, the Õ Member StateÖ s Õ shall register, Ö and Õ permit the sale or entry into service ofÖ , Õ vehicles only if they are accompanied by a valid certificate of conformity Ö issued in accordance with Article 17 Õ.

In the case of incomplete vehicles Ö the Õ Member StateÖ s Õ shall permit the sale of such vehicles but may refuse their permanent registration and entry into service Ö for such time as the vehicles remain incomplete Õ.

ò new

2. Vehicles exempted from the requirement concerning a certificate of conformity may be registered, sold or put into service only if they satisfy the relevant technical requirements of this Directive.

ê 92/53/EEC Art. 1(1) (adapted)

ð new

Ö 3. As regards small-series vehicles, the number of vehicles registered, sold or entered into service in the course of a single year shall not exceed the number of units shown in Annex XII, Part A. Õ

Ö Article 26 Õ

Ö Registration, sale and entry into service of end-of-series vehicles Õ

Ö 1. Subject to the limits specified in Annex XII, Section B, and in respect only of a limited period of time, the Member States may register and permit the sale or entry into service of vehicles conforming to a type of vehicle whose EC type-approval is no longer valid. Õ

Ö The first subparagraph shall apply only to vehicles within the territory of the Community which were covered by a valid EC type-approval at the time of their production, but which had not been registered or put into service before that EC type-approval lost its validity. Õ

Ö 2. The option under paragraph 1 shall be available, in the case of complete vehicles, for a period of twelve months from the date on which validity of the EC type-approval expired and, in the case of completed vehicles, for a period of eighteen months from that date. Õ

Ö 3. A manufacturer who wishes to benefit from the opportunity available under paragraph 1 shall submit a request to the competent authority of each Member State concerned by the entry into service of the vehicles in question. The request must specify any technical or economic reasons Õ ð preventing those vehicles from complying with the new technical requirements ï .

Ö The Member States concerned shall decide, within three months of receiving such a request, whether and in what number to permit the registration of those vehicles within their territory. Õ

ò new

4. Paragraphs 1, 2 and 3 shall apply mutatis mutandis to vehicles which were covered by a national type-approval but which had not been registered or put into service before that approval ceased to be valid, in application of Article 40, owing to the compulsory enforcement of the EC type-approval procedure.

ê 92/53/EEC Art. 1(1) (adapted)

ð newÖ Article 27 Õ

Ö Sale and entry into service of components and separate technical units Õ Ö 1 Õ. Member StateÖ s Õ shall permit the sale or entry into service of components or separate technical units only if they comply with the requirementÖ s Õ of the relevant separate d Õirectives ð and/or UN/ECE Regulations ï and Ö are properly marked in accordance with Article 18 Õ .

Ö 2. Compliance with paragraph 1 shall be waived in cases where new components or separate technical units have been exempted from one or more provisions of a separate directive in application of Article 19 Õ ð or are intended for mounting on vehicles covered by exemptions under Articles 21, 22 or 23 ï.Ö 3. Member States shall waive the requirements under paragraph 1 in the case of new components or separate technical units Õ ð which are specifically constructed and designed for new vehicles not covered by this Directive ï.

Ö chapter xii Õ

Ö safeguard clauses Õ

Ö Article 28 Õ

Ö Vehicles, systems, components or separate technical units in compliance with this Directive Õ

Ö 1 Õ. If a Member State finds that Ö new Õ vehicles, Ö systems, Õ components or separate technical units Ö , albeit in compliance with the applicable requirements or properly marked, present Õ a serious risk to road safety , ð or seriously harm the envi