Amended 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
Date: 1992-03-24
Institutions: European Commission
Subjects: approximation of laws, commercial vehicle, marketing standard, motor vehicle, technical standard, vehicle registration

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(92) 120  final 

•* 

Brussels, 24  March  1992 

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 

(presented  by  the Commission  pursuant  to Article  149(3) 
of  the  EEC-Treaty) 

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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 
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