Proposal for a European Parliament and Council Directive relating to motor vehicles and their trailers with regard to the transport of dangerous goods by road and amending Directive 70/156/EEC in respect of the type-approval of motor vehicles and their trailers (97/C 29/05) (Text with EEA relevance) COM(96) 555 final - 96/0267(COD)

(Submitted by the Commission on 10 December 1996)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article 189b of the Treaty,

Having regard to the opinion of the Economic and Social Committee,

Having regard to Council Directive 94/55/EC (1) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road,

Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured;

Whereas total harmonization regarding the technical requirements for vehicles intended for the transport of dangerous goods by road is necessary in order to achieve that objective fully;

Whereas the technical requirements for motor vehicles and their trailers, pursuant to national laws relating to the transport of dangerous goods by road, must be fulfilled; whereas these requirements differ from one Member State to another,

Whereas these different procedures and requirements create technical barriers to trade regarding the provisions for vehicles intended for the transport of dangerous goods by road;

Whereas in order to eliminate technical barriers to trade regarding the provisions for vehicles intended for the transport of dangerous goods by road and to allow the market organizations in questions to operate smoothly;

Whereas it is therefore necessary in the context of the internal market to harmonize the standards for means of transport of dangerous goods by road;

Whereas it is necessary to harmonize the approval procedures in the Member States;

Whereas this Directive will be one of the separate directives which must be fulfilled in order to comply with the EC type-approval procedure which has been established by Council Directive 70/156/EEC (2), as last amended by Directive 95/54/EC (3);

Whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive;

Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC necessitate that each separate Directive has attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval certificate based on Annex VI thereto in order that type-approval may be computerized;

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to vehicles of categories 'N` and 'O` intended for the transport of dangerous goods by road within or between Member States.

Article 2

For the purposes of this Directive:

- 'vehicle` shall mean any motor vehicle, other than those of category M, and its trailers as defined in Annex IIA to Directive 70/156/EEC.

- 'ADR` shall mean the European Agreement as defined in Article 2 to Directive 94/55/EC

- 'dangerous goods` shall mean substances and articles as defined in Article 2 to Directive 94/55/EC

- 'transport` shall mean road transport operation as defined in Article 2 to Directive 94/55/EC

Article 3

Directive 70/156/EEC shall be amended by the addition of items in Part I of Annex IV as follows:

'Part I

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Article 4

Member States may not

- refuse, in respect of a type of vehicle, to grant EC type-approval or to grant national type-approval, or

- prohibit the registration, sale or entry into service or use of vehicles

on grounds relating to the transport of dangerous goods if the requirements of the Annexes to this Directive are fulfilled.

Article 5

Any amendments necessary to adapt the requirements of the Annexes to this Directive to technical progress shall be adopted in accordance with the procedures laid down in Article 13 of Directive 70/156/EEC.

Article 6

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive on or before [1 January 1997]. They shall forthwith inform the Commission thereof.

When the Member States adopt these provisions they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.

Member States shall communicate to the Commission the texts of the main provisions of the national law which they adopt in the field governed by this Directive.

Article 7

Member States shall apply these provisions from [1 January 1997].

Article 8

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 9

This Directive is addressed to the Member States.

(1) OJ No L 319, 12. 12. 1994, p. 7.

(2) OJ No L 42, 23. 2. 1970, p. 1.

(3) OJ No L 266, 8. 11. 1995, p. 1.

ANNEX I

1. Scope

1.1. This Directive shall apply to a chassis-cab vehicle, a tractor for semi-trailer or trailer-chassis or a trailer with self-supporting body intended for the transport of dangerous goods by road (see marginal 220 200 (1) of Annex B to Directive 94/55/EC).

2. Definition

2.1. For the purposes of categories N1, N2, N3, O1, O2, O3 and O4 'type` shall consist of vehicles which do not differ in at least the following essential aspects:

- manufacturer,

- manufacturer's type designation,

- category,

- essential aspects of construction and design,

- chassis/floor pan (obvious and fundamental differences),

- number of axles,

- power plant (internal combustion/electric/hybrid).

3. Classification

3.1. The vehicles are classified according to marginal 220 301 of Annex B to Directive 94/55/EC as follows:

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4. Requirements

4.1. The requirements regarding the construction of vehicles intended for the carriage of dangerous goods by road including the provisions for their type-approval, where appropriate, laid down in marginals 220 500 to 220 540 of Annex B to Directive 94/55/EC shall be fulfilled.

ANNEX II

ADMINISTRATIVE PROVISIONS FOR TYPE-APPROVAL

1. Application for EC type-approval

1.1. The application for EC type-approval pursuant to Article 3 (4) of Directive 70/156/EEC of a vehicle type with regard to the transport of dangerous goods by road shall be submitted by the manufacturer.

1.2. A model of the information document is given in Appendix 1.

1.3. A vehicle representative of the vehicle type to be approved shall be submitted to the technical service responsible for conducting the type-approval tests.

1.4. The manufacturer shall be entitled to present any data and results of tests carried out which make it possible to establish that compliance with the requirements can be achieved with a sufficient degree of confidence.

2. Granting of EC type-approval

2.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4 (3) and, if applicable 4 (4) of Directive 70/156/EEC shall be granted.

2.2. A model of the EC type-approval certificate is given in Appendix 2.

2.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of vehicle approved. The same Member State shall not assign the same number to another type of vehicle.

2.4. In case of doubt, account shall be taken, when verifying the compliance of the vehicle with the requirements of this Directive, of any data or test results provided by the manufacturer which can be taken into consideration in validating the approval test carried out by the approval authority.

3. Modification of the type and amendments to approvals

3.1. In the case of modification of a vehicle type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.

3.2. A partial test as defined by the technical service in relation to the modifications made may be carried out.

4. Conformity of production

Measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.

Appendix 1

Information document No: . . . pursuant to Annex I of Council Directive 70/156/EEC relating to the EC type-approval of a vehicle intended for the transport of dangerous goods by road

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The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.

If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.

0. General

0.1. Make (trade name of manufacturer):

0.2. Type of vehicle:

0.2.1. Commercial name(s) (if applicable)

0.3. Means of identification of type, if marked on the vehicle (b) (*):

(*) The item numbers and footnotes used in this information document correspond to those set out in Annex I to Directive 70/156/EEC. Items not relevant for the purpose of this Directive are omitted.

0.3.1. Location of that marking:

0.4. Category of vehicle (c):

0.4.1. Classification(s) according to the dangerous goods which the vehicle is intended to transport

0.5. Name and address of manufacturer:

0.8. Address(es) of assembly plant(s):

1. General construction characteristics of the vehicle

1.1. Photographs and/or drawings of a representative vehicle:

1.6. Position and arrangement of the engine:

2. Masses and dimensions (e) (in kg and mm)

2.4.2. For chassis with bodywork

2.4.2.1. Length (j):

2.4.2.2. Width (k):

2.4.2.2.1. Width of the bodywork of a refrigerator vehicle (k)

2.4.2.3. Height (unladen) (l) (for suspensions adjustable for height, indicate normal running position)

2.8. Technically permissible maximum laden mass stated by the manufacturer (y) (maximum and minimum):

3. Power plant (q)

3.2. Internal combustion engine

3.2.1.1. Working principle:

positive ignition/compression ignition, four stroke/two stroke (1)

8. Brakes

8.11. Particulars of the type(s) of endurance braking system(s):

9. Bodywork

9.1. Type of bodywork:

9.2. Materials used and method of construction:(1) Delete where not applicable.

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Appendix 2

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MODEL

(maximum format: A4 (210 × 297 mm))

EC TYPE-APPROVAL CERTIFICATE

Stamp of Administration

Communication concerning the:

- type-approval (1)

- extension of type-approval (¹)

- refusal of type-approval (¹)

- withdrawal of type-approval (¹)

of a type of vehicle/component/separate technical unit (¹) with regard to Directive . ./. . ./EC

Type-approval number:

Reason for extension:

SECTION I

0.1. Make (trade name of manufacturer):

0.2. Type of vehicle:

0.2.1. Commercial name(s) (if applicable)

0.3. Means of identification of type, if marked on the vehicle/component/separate technical unit (2):

0.3.1. Location of that marking:

0.4. Category of vehicle (1) (3):

0.5. Name and address of manufacturer:

0.8. Address(es) of assembly plant(s):

(1) Delete where not applicable.

(2) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this type-approval certificate, such characters shall be represented in the documentation by the symbol '?` (e.g. ABC??123???).

(3) As defined in Annex IIA to Directive 70/156/EEC.

SECTION II

1. Additional information (where applicable) (see Addendum)

2. Technical service responsible for carrying out the tests:

3. Date of test report:

4. Number of test report:

5. Remarks (if any) (see Addendum)

6. Place:

7. Date:

8. Signature:

9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.

Addendum to EC type-approval certificate No: . . .

concerning the type-approval of a vehicle with regard to Directive . ./. . ./EC

1. Additional information

1.1. Classification:

1.2. Brief description of the vehicle type as regards its structure, dimensions, and constituent materials:

1.4. Site of engine forward/rear/central (1)

1.5. Drive: front-wheel/rear-wheel (¹)

1.6. Mass of vehicle submitted for testing

Front axle: . . . kg

Rear axle: . . . kg

Total: . . . kg

5. Remarks: (e.g., valid for left-hand drive and right-hand drive vehicles):(1) Delete where not applicable.

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