Amended proposal for a European Parliament and Council Directive amending Council Directive 70/221/EEC on the approximation of the laws of the Member States relating to liquid-fuel tanks and rear underrun protection of motor vehicles and their trailers
Date: 1999-05-04
Institutions: European Commission
Subjects: approximation of laws, motor fuel, motor vehicle, safety device, technical standard

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 04.05.1999
COM(1999) 217 final

98/0071 (COD)

Amended proposal for a

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE

amending Council Directive 70/221/EEC on the approximation of the laws of the
Member States relating to liquid-fuel tanks and rear underrun protection of
motor vehicles and their trailers

(presented by the Commission pursuant to Article 250 (2)
of the EC-Treaty)

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EXPLANATORY MEMORANDUM

In the light of the European Parliaments opinion1 of the 9 February 1999 on the
proposal for a European Parliament and Council directive on liquid-fuel tanks of
motor vehicles2 and in accordance with Article 250(2) of the EC Treaty,
the
Commission has decided to amend that proposal.

The objective of the initial proposal is to introduce new provisions for fuel tanks made
of plastic materials for passenger cars and to extend the title and scope of Directive
70/221/EEC to tanks for fuels other than liquid fuels, i e gaseous fuels. Gaseous fuels
are of increasing interest for the propulsion of motor vehicles, in particular, for
environmental reasons.

In order to take account of technical progress in the construction of fuel tanks for
passenger cars which has occurred since the relevant provisions of Directive
70/221/EEC have been adopted, it is advisable to align this Directive to the technical
requirements adopted by the United Nations Economic Commission for Europe in its
Regulation No 34 relating to the approval of vehicles with regard to the prevention of
fire risk, in particular, to the provisions for fuel tanks, made of a plastic material, for
vehicles of category M1.

Amendments 5 and 6 in the rapporteur’s report were rejected by the European
Parliament.

The Commission has accepted in principle the following amendments:

– the changes in the timetable in order to bring the implementation of the measures
in line with the circumstances and to make the proposed Directive more
compatible with existing legislation. However the target dates here mentioned are
no longer valid and should be re-established after the opinion of the Member States
(amendment 3);

– the reference to definition of “unladen mass” as correctly defined in item 2.6 of
Annex I to Directive 70/156/EEC. This means that any change to the definition in
the master document will apply to the present proposal as well (amendment 4).

The Commission has rejected the amendments aimed at:

– introducing requirements related to avoid fuel spillage, which may be a serious
hazard to cyclists and motor cyclists. The Commission fully agrees that this is a
serious problem from both safety and environmental points of view but
the
wording and the specific technical requirements are not acceptable. The tests and
procedures need to be very clearly defined. Moreover the Commission is of the
opinion that the problem of diesel spillage might be better dealt with in the future
Commission Proposal for a European Parliament and Council Directive on OBD

1 Doc PE A4-495/98
2 COM(1998) 97 final

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(On board diagnostics), as foreseen in the “auto/oil” Directive 98/69/EC
(amendments 1 and 7);

– changing the comitology arrangements, which is a general, horizontal issue. In the
automotive sector the regulatory legislation is based on the framework Directive
70/156/EEC on type approval of motor vehicles and their
trailers. The
corresponding provisions of a specific directive like the proposed one cannot
deviate from those of the framework directive (amendment 2);

– excluding the accessories of the tank from mechanical strength testing. The
proposed amendment is less severe than the Commission proposal - it is of great
importance that not only the tank, but also its accessories are leakproof.
(amendment 8).

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Amended proposal for a

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE

amending Council Directive 70/221/EEC on the approximation of the laws of the
Member States relating to liquid-fuel tanks and rear underrun protection of
motor vehicles and their trailers

(Text with EEA relevance)

Initial text

Amended text

Article 2 (1), (2), and (3)

the

1. With effect
from 1 October 1998,
Member States must accept compliance
of Directive
with
70/221/EEC,
this
by
Directive, for the purposes of Article 4
(1) and 7 (1) of Directive 70/156/EEC.

requirements

amended

as

the

1. With effect
from 1 April 1999,
Member States must accept compliance
of Directive
with
70/221/EEC,
this
by
Directive, for the purposes of Article 4
(1) and 7 (1) of Directive 70/156/EEC.

requirements

amended

as

2. With effect
Member States:

from 1 October 1999,

2. With effect
Member States:

from 1 October 2000,

-shall no longer grant EC type-approval
in accordance with Article 4 (1) of
Directive 70/156/EEC, and

-shall no longer grant EC type-approval
in accordance with Article 4 (1) of
Directive 70/156/EEC, and

-may refuse national type-approval,

-may refuse national type-approval,

for a new type of vehicle on grounds
related to its liquid fuel tanks if it fails to
comply with the provisions of Directive
70/221/EEC,
this
Directive.

amended

by

as

for a new type of vehicle on grounds
related to its liquid fuel tanks if it fails to
comply with the provisions of Directive
70/221/EEC,
this
Directive.

amended

by

as

3.With effect
Member States:

from 1 October 2000,

3.With effect
Member States:

from 1 October 2001,

-shall consider certificates of conformity
in
which

new vehicles

accompany

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-shall consider certificates of conformity
in
which

new vehicles

accompany

the

of
accordance with
Directive 70/156/EEC as no longer valid
for the purposes of Article 7 (1) of that
Directive; and

provisions

the

of
accordance with
Directive 70/156/EEC as no longer valid
for the purposes of Article 7 (1) of that
Directive; and

provisions

-may refuse the registration, sale or entry
into service of new vehicles which are
not accompanied by a certificate of
conformity in accordance with Directive
70/156/EEC, except where the provisions
of Article 8 (2) of Directive 70/156/EEC
are invoked,

-may refuse the registration, sale or entry
into service of new vehicles which are
not accompanied by a certificate of
conformity in accordance with Directive
70/156/EEC, except where the provisions
of Article 8 (2) of Directive 70/156/EEC
are invoked,

on grounds relating to the liquid fuel
if the requirements of Directive
tanks,
this
amended
70/221/EEC,
Directive, are not fulfilled.

by

as

on grounds relating to the liquid fuel
if the requirements of Directive
tanks,
this
amended
70/221/EEC,
Directive, are not fulfilled.

by

as

4. This Directive will not invalidate any
approval previously granted to vehicles
having metal liquid fuel tanks nor prevent
extensions of such approvals under the
terms of the Directive under which they
were originally granted.

4. This Directive will not invalidate any
approval previously granted to vehicles
having metal liquid fuel tanks nor prevent
extensions of such approvals under the
terms of the Directive under which they
were originally granted.

Annex 1, item 2.3

2.3 “Unladen mass” means the mass of
the vehicle in running order as defined in
to Directive
item 2.6 of Annex I
70/156/EEC.

2.3 “Unladen mass” means the mass of
the vehicle with bodywork, and with
coupling device in the case of a towing
vehicle of a category other than M1 in
running order, or the mass of the chassis
with cab if the manufacturer does not fit
the bodywork and/or coupling device
(including coolant, oils, fuel, 100% other
liquids except used waters, tools, spare
wheel and driver, and for buses and
coaches, the mass of the crew member
(75 kg) if there is a crew seat
in the
vehicle).

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