Opinion on the proposal for a European Parliament and Council Directive on certain components or characteristics of two or three-wheel motor vehicles (94/C 195/23)

On 20 December 1993 the Council decided to consult the Economic and Social Committee, under Article 100a of the Treaty establishing the European Economic Community, on the abovementioned proposal.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 15 April 1994. The Rapporteur was Mr Bagliano.

At its 315th Plenary Session (meeting of 28 April 1994) the Economic and Social Committee adopted the following Opinion with no votes against and five abstentions.

Foreword

This proposal contains an 'annex' made up of 12 'chapters', each of which deals with a vehicle component or characteristic subject to type approval.

Unlike its previous approach, when 12 separate directives were proposed, the Commission has opted for a simpler layout consisting of a single directive plus an 'annex' subdivided into the following 12 'chapters':

Chapter 1: Tyres for two or three-wheel motor vehicles;

Chapter 2: Lighting and light-signalling devices for two- or three-wheel motor vehicles;

Chapter 3: External projections from two- or three-wheel motor vehicles;

Chapter 4: Rear-view mirrors for two-or three-wheel motor vehicles;

Chapter 5: Measures to counter atmospheric pollution caused by two- or three-wheel motor vehicles;

Chapter 6: Fuel tanks for two- or three wheel motor vehicles;

Chapter 7: Measures to counter tampering with mopeds and motorcycles;

Chapter 8: Electromagnetic compatibility of two- or three-wheel motor vehicles;

Chapter 9: Permissible sound level and exhaust system of two- or three-wheel motor vehicles;

Chapter 10: Trailer coupling devices for two- or three-wheel motor vehicles and motorcycle side-car attachments;

Chapter 11: Safety belt anchorages and safety belts for bodied three-wheel mopeds, tricycles and quadricycles

Chapter 12: Glazing, windscreen wipers washers, de-icers and demisters for bodied three-wheel mopeds, tricycles and quadricycles.

1. General Comments

1.1. The Economic and Social Committee welcomes this proposal for a directive to implement Directive 92/61/EEC of 30 June 1992 on the type approval of two or three-wheel motor vehicles, although it would like to make some suggestions and criticisms.

1.2. The Committee recognizes first of all that the prime aim of such standards, as in the case of the preceding 12 directives is:

- to improve personal and traffic safety; and

- to harmonize technical standards and procedures so as to remove barriers to trade in a true single market.

The present proposal's provisions are particularly vital to achieving the aim of EU type approval for two or three-wheel motor vehicles. Such aims cannot be attained through national legislation and so the problem of 'subsidiarity' is resolved through consistency.

1.3. The ESC appreciates the fact that the Commission has taken full account of the provisions of the United Nations Economic Commission for Europe (UNO/ECE) in Geneva where these exist, which take the form of:

- ECE Regulations (No 75 on tyres; No 14 on the procedures for testing safety belt anchorages; No 16 on safety belts; Nos 37, 50, 56, 57, 72 and 82 on lighting and light-signalling devices); or

- ECE Recommendations (external projections on two-wheel vehicles).

For other matters the Commission has based itself on previous EEC Directives (80/780 on rear-view mirrors for two-wheel vehicles; 78/1015 and successive amendments on motorcycle noise) and on rules in force in some Member States, re-drafting them where appropriate and extending their scope to include all two or three-wheel vehicles.

1.4. The Commission has also stressed the particular importance of the chapters on emissions (chapter 5) and sound levels (chapter 9).

As regards noise and pollutants and their impact on environmental protection, it has been decided to adopt a gradualist approach (Article 7):

- the first stage will come into force with the directive in 1997;

- the second stage will start four years later, so as to allow industry time to adapt products to more stringent standards.

1.4.1. The Commission's strategy for protecting the environment from pollution and noise in fact seeks to:

- lay down realistic limits which can come into force as soon as possible; and

- at the same time begin a joint EU/industry research programme to propose future limits on the basis of the results obtained.

1.5. As regards the planned entry into force of the directive on 1 January 1997, (the date from which vehicles submitted for type approval must comply with the requirements of the directive) the ESC recommends that any prolongation of the discussions on some of the chapters in the annex should not hold up implementation of the standards in the other chapters.

1.6. The ESC therefore supports the planned possibility of granting 'tax incentives' for vehicles which comply with the new noise and pollution standards before the scheduled entry into force of the directive. It hopes that these incentives will not be limited to the moment of purchase only, but will be granted annually so that their effectiveness is more lasting.

1.7. As regards the amendments necessary to adapt the standards contained in the various chapters of the annex to technical progress, the ESC notes that the Commission refers (in Article 6) to the committee for adaptation to technical progress set up by Article 13 of Directive 70/156/EEC but with a different procedure which provides simply for the consultation of the Member States, without a vote being taken. The ESC, however, wishes to express once again its preference for the 'regulatory committee' which already exists in the motor vehicles and agricultural tractors sectors.

1.8. The ESC also draws the Commission's attention to the fact that at such a critical time for the world economy in general and the European economy in particular the laying down of limits, restrictions or regulations must generally be considered as a delicate operation involving great responsibility because of its impact on European industrial production and job levels in the Member States.

1.8.1. It is therefore desirable, especially as regards the standards for pollution and noise, that the planned subsequent stage takes proper account of the results of the joint EU/industry research programme which is already on the point of being started (see points 2.5 and 2.9 below).

2. Comments on the individual chapters in the annex

2.1. Chapter 1 - Tyres for two or three-wheel motor vehicles and on their fitting

To accommodate users' demands the Commission lays down standards aimed at ensuring interchangeability between tyre types of different makes but with the same 'design' (i.e. diameter, width and cross-section) so as not to cause fitting or vehicle safety problems.

The ESC agrees with these rules and the tests required for the purposes of tyre safety.

2.2. Chapter 2 - Lighting and light-signalling devices for two or three-wheel motor vehicles

The ESC realises that the extreme technical detail in the text is necessary in order to guarantee maximum visibility to the driver without disturbing other road users and ensure that the driver's intentions are not misinterpreted by other road users.

Such rules are essential to safety.

2.3. Chapter 3 - External projections from two or three-wheel motor vehicles

This stabilises the different rules for two and three-wheel bodied vehicles with a view to preventing physical injuries to the driver or to other road users in the event of contact with the motor vehicle.

Here too the safety requirements are fully satisfactory.

2.4. Chapter 4 - Rear-view mirrors for two or three-wheel motor vehicles

This chapter contains specific rules for rear view mirrors and the way they are installed on vehicles. The ESC appreciates the possibility of mounting type-approved components on two or three-wheel motor vehicles.

2.5. Chapter 5 - Measures to be taken against atmospheric pollution caused by two or three-wheel motor vehicles

The ESC considers this matter very critical from the economic and technical point of view, since rules which are too severe may:

- either lead to two or three-wheel vehicles in their present form being redesigned, causing excessive cost increases to users;

- or lead to changes in the way such vehicles are used, maintained, etc.

with the result that they may no longer be 'interesting' in the eyes of users. It cannot be ruled out that the implementation of the standards in this chapter 5 may have some of the negative effects referred to above.

The ESC points out that:

- as regards motorcycles and three-wheel motor vehicles, the limits and the date of application for stage 2 have not yet been decided;

- as regards mopeds, the limits and the date of application for stage 2 have been decided (1999) and such limits are lower than those already in force for cars, which are already very low indeed.

At any event, the ESC recommends that when the European Parliament and the Council draw up the limits for the second stage, to apply in 2001 (see points 1.4.1 and 1.8.1 above) they should pay due attention to the results of the planned joint EU/industry study and possibly providing for solutions in specific cases which do not oblige the use of sophisticated and costly materials or technologies.

2.6. Chapter 6 - Fuel tanks for two or three-wheel motor vehicles

This chapter contains precise standards which regulate specific resistance tests for tanks in non-metallic materials so as to ensure the safety of vehicles even in the event of accidents or breakdown.

2.7. Chapter 7 - Anti-tampering measures for mopeds and motorcycles

The ESC is puzzled by the request for non-interchangeability of the main engine components of similar vehicles which belong to different vehicle categories: this rule is inconsistent with the industrial logic behind modular components and the economies of scale of mass production.

As the standard requires, at the same time, the marking of the main components of both the engine and the transmission, it can be accepted that this already permits the easy identification of any non-approved or non-original components on the vehicle in the event of any checks.

The ESC feels that the design criteria for engines necessary to comply with the rules proposed in this chapter are needlessly design restrictive and cannot be reasonably justified in pursuance of the goal intended.

To safeguard the interests of the European vehicle industry, there should at least be a derogation (from the request for non-interchangeability of engine components between vehicles of different categories) for a limited number of mass-produced vehicles, per type and per year, destined for the Member States.

Looking at this problem from the user's point of view, thought could be given to limiting the scope of this chapter to vehicles up to 125 c.c. (categories A and B).

2.8. Chapter 8 - Electromagnetic compatibility of two or three-wheel motor vehicles

The ESC notes that the testing procedures laid down in this chapter are very complex. They require sophisticated and expensive instrumentation and even the place where the tests must be carried out must comply with many restrictive rules.

However, the ESC appreciates the possibility of carrying out, at the choice of the manufacturer, type approval of either the complete vehicle or individual electric/electronic components (as is already permitted for the type approval of motor vehicles).

Account will also have to be taken of the fact that the general Directive 89/336 harmonizing legislation on electromagnetic compatibility enters into force on 1 January 1996. The entry into force of 'chapter 8' should therefore be brought forward to that date.

In addition, the ESC agrees with the Commission that the rules on vehicle immunity to electromagnetic radiation (i.e. operating capability in an environment of electromagnetic interference) should come into force 3 years later than those on electromagnetic compatibility (i.e. the vehicle's ability not to emit electromagnetic interference above a prescribed limit).

2.9. Chapter 9 - Permissible sound level and exhaust system of two or three-wheel motor vehicles

This chapter contains:

- rules for measuring noise from both stationary and moving vehicles;

- rules for the type approval of non-original exhaust systems to tackle the problem of original exhaust systems being replaced by other, noisier systems;

- noise limits for mopeds and motorcycles.

As regards the noise limits for mopeds, while the ESC agrees with the need to move towards lower limits, the figure of 71 dB (A) scheduled for 1 January 1997 seems rather strict when compared with that in force for cars - 74 dB (A) - which make up the vast majority of vehicle traffic in city centres.

Anyway, this lower noise level for mopeds compared with that for cars would not be noticed by the other persons in city traffic.

From an economic point of view, one cannot disregard the technical difficulties involved - the higher costs which would ultimately be reflected in retail prices.

It therefore seems reasonable to recommend that the Council show greater flexibility on limit values and implementation dates.

At any event, the ESC, well aware of the social problems arising from high noise levels in city centres, thinks that one effective measure could be to ban the sale of non-type approved exhaust systems (silencers).

Finally, in line with the hopes expressed in paragraphs 1.4.1, 1.8.1 and 2.5, the ESC would repeat to the European Parliament and the Council its recommendation that the results of the planned joint EU/industry study be borne in mind when deciding on the limits for the second stage.

2.10. Chapter 10 - Trailer couplings and side-car attachments

This chapter contains rules on designing and manufacturing devices for coupling vehicles and trailers so as to ensure the mobility and resistance necessary in traffic and the vertical, transverse and longitudinal strength of motorcycle side-car attachments.

The ESC appreciates the Commission's proposal, which seeks in particular to ensure passenger and vehicle safety in road traffic.

2.11. Chapter 11 - Safety belts and safety belt anchorages

The scope of the provisions contained in this chapter is obviously limited to vehicles fitted with a body which encloses the driver and any passengers.

The ESC agrees with the Commission that, as regards the safety belt anchorages for three-wheel mopeds, tricycles and quadricycles, the rules are different depending on the weight of the vehicle when empty.

The ESC stresses that, in the light of the experience acquired with cars, it has been possible to keep the same testing procedure for mopeds etc. as for cars while allowing the possibility of applying lower testing loads than for cars, since mopeds are lighter, have a lower maximum speed and are lower-powered; in this way a synergy between standards has been obtained which the ESC feels is not something to be overlooked.

The ESC also agrees with the Commission that the safety belts fitted on mopeds etc. should be the same as those designed for cars.

2.12. Chapter 12 - Glazing, windscreen wipers and washers, de-icers and de-misters

Here too the scope of the provisions contained in this chapter is obviously limited to vehicles fitted with a body which encloses the driver and any passengers.

The ESC agrees that the testing procedure for this equipment - which is especially essential to traffic safety during the winter months, when road and weather conditions are far from ideal - should be the same as those laid down for cars but appropriately simplified for lighter vehicles, showing that the Commission recognises that they are less dangerous both for their drivers and passengers and for other road users.

Done at Brussels, 28 April 1994.

The Chairman

of the Economic and Social Committee

Susanne TIEMANN