COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(92) 120 final •* 
Brussels, 24 March 1992 
Wta Amended proposal for a 
COUNCIL PIRECTIVE 
AMENDING DIRECTIVE 70/156/EEC 
ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES 
RELATING TO THE TYPE-APPROVAL OF MOTOR VEHICLES 
AND THEIR TRAILERS 
US (presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
wmm 
- 1 _ 
EXPLANATORY MEMORANDUM 
A. On 2 August 1991, the Commission sent to the Council a proposal for a 
Directive amending Directive 70/156/EEC on the approximation of the laws 
of the Member States relating to the type-approval of motor vehicles and 
their trailers. 
On 29 January 1992, the Economic and Social Committee adopted its opinion 
which supports the Commission in the principle and the objectives of the 
proposed Directive subject to comments on some practical difficulties. 
On 12 February 1992, the European Parliament approved the proposal in the 
first reading, subject to an amendment containing three different 
requests. 
As far as the opinion of the Economic and Social Committee is concerned, 
the Commission accepts one of the major suggestions relating to the 
transitional provisions of the Directive. As far as the opinion of the 
European Parliament is concerned the Commission accepts two of the three 
requests contained in the proposed amendment. 
B. The Commission therefore proposes to amend its proposal as follows: 
1. The Commission shares the concern of the Economic and Social 
Committee that the provisions of Article 2 (4) as presently drafted 
would impose a heavy workload on industry and the national 
administrations at the end of 1997. At this date, all existing 
national type-approvals to vehicles, components and separate 
technical units actually cease to be valid. If the manufacturers wish 
to continue to put those vehicles, components and separate technical 
units on the market within the EEC, they would then have to undergo 
the complete EEC type-approval procedure laid down by the present 
Directive. The commission accepts the proposal of the Economic and 
Social Committee that approvals granted to separate Directives on 
which such national type-approvals are based remain valid after 19 97 
until either the standards of the concerned Directive change or main 
features of the type of vehicle, component or technical unit are 
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modified. Thus, such approvals could be carried over from the 
existing national into a new EEC type-approval by an administrative 
act not requiring fresh tests. 
A corresponding complement to the existing wording of Article 2 (4) 
is proposed. 
The Commission agrees with the European Parliament that it would be 
useful to establish, after two years of experience with the EEC type-
approval system, a report on the operation of the system and the 
effects of total harmonisation. On the basis of such a report 
practical adaptations could be made to the system, if necessary, 
before it enters in the actual mandatory phase on 1 January 1996. 
Furthermore, the Commission deems it useful to consolidate, for this 
date, the "framework directive" establishing the EEC type-approval 
procedure and all the separate Directives which are part of this 
procedure. Such a consolidation would contribute to the transparency 
of the EEC procedures and would thus be beneficial to industry and to 
national administrations which have to apply these procedures. 
For institutional reasons, the Commission cannot accept the 
commitment suggested by the European Parliament to examine whether, 
at this stage, it would be appropriate to transform the present 
Directive into a Regulation. 
It is proposed to include the above mentioned accepted amendments 
into the Directive in the form of a new Article 3. 
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Amendment proposal for a 
COUNCIL DIRECTIVE 
AMENDING DIRECTIVE 70/156/EEC 
ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES 
RELATING TO THE TYPE-APPROVAL OF MOTOR VEHICLES 
AND THEIR TRAILERS 
1. Article 2, paragraph 4 
The following sentence is added: 
"Approvals granted according to separate Directives which are part of the 
national type-approval mentioned above shall remain valid after 31 
December 1997 unless one of the conditions of Article 5 (3), second 
indent, apply." 
2. After Article 2, the following new Article 3 is added: 
1. The Commission shall report, on the basis of relevant informations to 
be made available by the approval authorities of the Member States by 
31 December 1994, on the operation of the system and the effects of 
the total harmonisation. 
2. The Commission shall by 31 December 1995 submit to the Council a 
proposal for the consolidation of the Directives enumerated in 
Annex IV. 
3. The existing Article 3 becomes Article 4 
* 
ISSN 0254-1475 
COM(92) 120 final 
DOCUMENTS 
EN 06 07 
Catalogue number : CB-CO-92-132-EN-C 
ISBN 92-77-42387-0 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg