Commission Directive 1999/23/EC of 9 April 1999 adapting to technical progress Council Directive 93/33/EEC on protective devices intended to prevent the unauthorised use of two- or three-wheel motor vehicles (Text with EEA relevance)
Date: 1999-04-09
Institutions: European Commission
Subjects: motor vehicle, road safety, technological change, transport safety, two-wheeled vehicle, vehicle parts

21. 4. 1999

EN

Official Journal of the European Communities

L 104/13

COMMISSION DIRECTIVE 1999/23/EC

of 9 April 1999

adapting to technical progress Council Directive 93/33/EEC on protective devices
intended to prevent the unauthorised use of two- or three-wheel motor vehicles

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Directive 92/61/EEC of 30
June 1992 relating to the type-approval of two- or three-
wheel motor vehicles (1), as amended by the Act of Acces-
sion of Austria, Finland and Sweden, and in particular
Article 16 thereof,

Having regard to Council Directive 93/33/EEC of 14
June 1993 on protective devices intended to prevent the
unauthorised use of two- or three-wheel motor vehicles (2),
and in particular Article 4 thereof,

(1) Whereas Directive 93/33/EEC is one of the separate
Directives of the Community type-approval procedure
introduced by Directive 92/61/EEC; whereas
the
provisions of Directive 92/61/EEC relating to vehicle
systems, components and technical units therefore
apply to that Directive;

(2) Whereas developments in technology now permit an
adaptation of Council Directive 93/33/EEC to tech-
nical progress; whereas in order to ensure the proper
functioning of the type-approval system as a whole, it
is therefore necessary to clarify or complete certain
provisions of the Directive concerned;

(3) Whereas to this end it is necessary to adapt the provi-
sions relating to the locking angle of the steering of
quadricycles and those relating to the removal of the
key from type-3 devices designed to be fitted to
tricycles and quadricycles; whereas, moreover,
it is
deemed appropriate to allow two- and three-wheel
motor vehicles to be fitted with protective devices
against unauthorised use which are approved for four-
wheel motor vehicles;

(4) Whereas the measures provided for in this Directive
are in accordance with the opinion of the Committee
for adaptation to technical progress set up by Article
13 of Council Directive 70/156/EEC (3),
last
as
amended by Directive 98/91/EC of
the European
Parliament and of the Council (4),

(1) OJ L 225, 10.8.1992, p. 72.
(2) OJ L 188, 29.7.1993, p. 32.
(3) OJ L 42, 23.2.1970, p. 1.
(4) OJ L 11, 16.1.1999, p. 25.

Annex I to Directive 93/33/EEC is hereby amended in
accordance with the Annex to this Directive.

Article 2

1. With effect from 1 January 2000, Member States
shall not, on grounds
relating to protective devices
intended to prevent unauthorised use:

(cid:190) refuse, in respect of a type of two- or three-wheel
vehicle or a type of protective device intended to
prevent unauthorised use, to grant EC type-approval,
(cid:190) prohibit the registration, sale or entry into service of
two- or three-wheel motor vehicles, or the sale or
entry into service of protective devices intended to
prevent unauthorised use,

if the protective devices intended to prevent unauthorised
use comply with the requirements of Directive 93/
33/EEC as amended by this Directive.

2. With effect from 1 July 2000, Member States shall
refuse to grant EC type-approval for any type of two- or
three-wheel motor vehicle on grounds relating to protec-
tive devices intended to prevent unauthorised use or any
type of protective device intended to prevent unauthor-
ised use if the requirements of Directive 93/33/EEC, as
amended by this Directive, are not fulfilled.

Article 3

1. Member States shall adopt and publish, no later than
31 December 1999, the provisions necessary to comply
with this Directive. They shall
forthwith inform the
Commission thereof.

They shall apply those provisions from 1 January 2000.

When Member States adopt those provisions, they shall
contain a reference to this Directive or be accompanied
by such a reference on the occasion of their official publi-
cation. Member States shall determine how such reference
is to be made.

2. Member States shall communicate to the Commis-
sion the texts of the main provisions of national law that
they adopt in the field governed by this Directive.

L 104/14

EN

Official Journal of the European Communities

21. 4. 1999

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

Article 4

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 9 April 1999.

For the Commission

Martin BANGEMANN

Member of the Commission

21. 4. 1999

EN

Official Journal of the European Communities

L 104/15

ANNEX

1. In Point 3.1, the following new text is added:

‘Protective devices intended to prevent unauthorised use approved for motor vehicles in categories M1
N1

and
in conformity with Directive 74/61/EEC may also be fitted to two- or three-wheel motor vehicles.'

2. Point 3.11 is replaced by the following:

‘3.11.

If it is of type 1, 2 or 3 the protective device must be designed in such a way that the steering can
only be locked at an angle of at least 20(cid:176) to the left and/or right in relation to the straight-ahead
position, with the exception of devices designed to be fitted to tricycles and quadricycles.'

3. Point 4.1.2. is replaced by the following:

‘4.1.2. In the case of type 3 protective devices it must not be possible to preload the catch via action on the
part of the vehicle user combined or added to a turning of the key. Apart from the conditions
provided for in Point 3.2.3 and except in the case of tricycles and quadricycles, it shall not be
possible to remove the key once the catch has been preloaded.'