COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT PURSUANT TO THE SECOND SUBPARAGRAPH OF ARTICLE 251 (2) OF THE EC TREATY CONCERNING THE COMMON POSITION OF THE COUNCIL ON THE ADOPTION OF A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL RELATING TO THE TYPE-APPROVAL OF MIRRORS AND SUPPLEMENTARY SYSTEMS FOR INDIRECT VISION AND OF VEHICLES EQUIPPED WITH THESE DEVICES AND AMENDING DIRECTIVE 70/156/EEC

2001/0317 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Directive of the European Parliament and of the Council relating to the type-approval of mirrors and supplementary systems for indirect vision and of vehicles equipped with these devices and amending Directive 70/156/EEC

1. Background

- Date of transmission of the proposal to the EP and the Council (COM(2001) 811 final - 2001/0317 (COD)): 7.1.2002

- Date of the opinion of the European Parliament of first reading: 9.4.2002

- Date of the opinion of the European Economic and Social Committee: 24.4.2002

- Date of adoption of the common position: 7.4.2003

2. Aim of the commission proposal

The proposal aims to improve road user safety by upgrading the performance of rear view mirrors and accelerating the introduction of new technologies that increase the field of indirect vision for drivers of passenger cars, buses and lorries. Many severe road accidents at crossings, junctions or roundabouts are caused by vehicle drivers who are unaware that other road users are very close to or already beside their vehicles.

"Blind spot" accidents often happen when vehicles are changing direction. When larger vehicles such as trucks or buses are involved accidents frequently lead to serious injuries or even fatalities of vulnerable road users like pedestrians, cyclists or drivers of smaller motor cycles. This proposal, based on studies and research that the Commission has discussed with Member States, industry and other interested parties, would add specific blind spot reduction requirements to the existing Directive on rear-view mirrors, as last amended in 1988. The key changes would entail:

- Mounting additional mirrors on certain vehicles (front mirrors on trucks, exterior rear view mirrors on the passenger's side of cars, aspherical mirrors on passenger cars and small commercial vehicles);

- Upgrading the technical characteristics of mirrors (e.g. curvature of the surface now 1 200 mm instead of 1 800 mm for main rear view mirrors) in line with technical progress;

- Replacing certain mirrors with other indirect vision systems, such as camera/monitor systems.

This proposal introduces for the first time mandatory harmonised requirements for the type-approval of mirrors and systems for indirect vision for larger motor vehicles within the EU. As the proposal modifies or replaces almost all articles of the existing directive on rear-view mirrors (71/127/EEC) it is proposed to replace and repeal this directive altogether.

3. Comments on the common position

3.1. Brief general comments

The Council's common position, which has been adopted unanimously, involves several changes to the Commission's initial proposal but does not change its overall orientation. Except for some technical modifications the Council also agreed on certain changes to the transition periods. Among the amendments included in the common position the following are of main importance:

3.1.1. Legal part

- In Article 2 in both paragraphs 2 and 3, a new paragraph has been added in order to postpone by 12 months the application of the directive concerning class VI front mirrors as components and their installation on vehicles.

- In Article 2 paragraph 4 the transition period for existing types of passenger cars (M1) and light commercial vehicles (N1) is extended from 36 to 72 months. The application dates for larger vehicles intended for the carriage of passengers and goods (M2, M3, N2, N3) have not been altered. The early application of the directive to the latter mentioned types is of major importance for the Commission as these vehicles are the main cause of accidents related to the blind spot, when drivers fail to detect other road users or pedestrians and was the main reason for the Commission to draft its proposal.

- The transition period in Article 2 paragraph 6 allowing Member States to grant type-approval for replacement parts intended for vehicles approved under the old regime has been extended by 12 months to 36 months.

- A new paragraph 7 to Article 2 has been introduced referring to special articulated vehicles composed of at least three articulated rigid parts as defined in Directive 2001/85/EC on buses.

- In accordance with the extension of the transition period the Commission study about the effects of the amendment to vulnerable road users shall now be carried out within 72 months instead of 4 years after entry into force of the directive.

- In Article 4 the proposed amendments to framework directive 70/156/EEC have been extended and clarified.

- In accordance with the extended transition periods in Article 2 the repealing of Directive 71/127/EEC will come into effect only 72 months after entry into force of the directive instead of 24 months.

3.1.2. Technical Annexes

- The presentation and the structure of certain Annexes and related Appendices has been modified. Appendices 1 and 3 to Annex I are new and concern the Information Document for type-approval of devices for indirect vision and of motor vehicles. The proposed Appendix 2 to Annex II and the first part of Appendix 1 to Annex III have been deleted.

- Some changes to the terminology have been introduced. The term "systems for indirect vision" has been replaced by "devices for indirect vision" and the definitions for different kinds of "systems" have been removed.

- In Annex II, item 3 the requirement that external rear-view mirrors of vehicles of categories M1 and N1 must be equipped with an additional aspherical part has been removed.

- The requirements in Annex III concerning the fitting of mirrors of classes IV, V and VI to vehicles of category N2 inferior or equal to 7.5 t have become optional instead of compulsory.

- In the same Annex the requirements regarding the mounting height of class V mirrors have been extended to class VI mirrors.

- In Annex III a new requirement has been introduced for vehicles of categories M2 and M3 as well as refuse collection vehicles of categories N2 superior to 7.5 t and N3, which concerns the required field of vision behind the vehicle.

- Furthermore a number of smaller modifications and clarifications have been introduced to the text.

3.2. European Parliament amendments in first reading

The European Parliament approved the proposal without amendments according to the simplified procedure.

4. Conclusions

Although the Commission regrets the extension of the proposed transition period the Commission supports the Council's Common Position in order to avoid any further delay with regard to the coming into force of the directive.

5. declaration of the Commission

The Commission made the following declaration in the Council.:

The Commission regrets that the transition period of 36 months prior to the mandatory application of the requirements relating to the type-approval of mirrors and supplementary devices for indirect vision does not cover all categories of new vehicles and components and that a transitional period of 72 months was chosen by the Council for passenger cars, light vans and their components.