Commission Directive 1999/101/EC of 15 December 1999 adapting to technical progress Council Directive 70/157/EEC relating to the permissible sound level and the exhaust system of motor vehicles (Text with EEA relevance)
Date: 1999-12-15
Institutions: European Commission
Subjects: combustion gases, motor vehicle, motor vehicle pollution, noise level, noise pollution, technological change

28. 12. 1999

EN

Official Journal of the European Communities

L 334/41

COMMISSION DIRECTIVE 1999/101/EC

of 15 December 1999

adapting to technical progress Council Directive 70/157/EEC relating to the permissible sound level
and the exhaust system of motor vehicles

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

Having regard to the Treaty establishing the European
Community,

or

Having regard to Council Directive 70/156/EEC of 6 February
1970 on the approximation of the laws of the Member States
relating to the type-approval of motor vehicles and their
trailers (1), as
last amended by European Parliament and
Council Directive 98/91/EC (2), and in particular Article 13(2)
thereof,

Having regard to Council Directive 70/157/EEC of 6 February
1970 on the approximation of the laws of the Member States
relating to the permissible sound level and the exhaust system
of motor vehicles (3), as last amended by Commission Directive
96/20/EC (4), and in particular Article 3 thereof,

Whereas:

(1)

(2)

(3)

In the framework of the EC type-approval of exhaust
systems as separate technical units (replacement exhaust
systems), it appears to be extremely difficult to select a
vehicle which meets the current requirements. It is there-
fore necessary to adapt the definition of a representative
vehicle as to ensure that the submitted vehicle complies
with the conformity of production requirements relating
to the permissible sound level.

Certain references introduced by Council Directive 92/
97/EEC (5), amending Directive 70/157/EEC, require an
update.

The measures provided for in this Directive are in
the Committee for
accordance with the opinion of
Adaptation to Technical Progress set up under Directive
70/156/EEC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes
amended in accordance with the Annex to this Directive.

to Directive 70/157/EEC are hereby

II and III

Article 2

1. With effect from 1 April 2000, Member States may not,
on grounds relating to the permissible sound level or the
exhaust system:

(1) OJ L 42, 23.2.1970, p. 1.
(2) OJ L 11, 16.1.1999, p. 25.
(3) OJ L 42, 23.2.1970, p. 16.
(4) OJ L 92, 13.4.1996, p. 23.
(5) OJ L 371, 19.12.1992, p. 1.

— prohibit

the registration, sale or entry into service of
vehicles, or the sale or entry into service of exhaust
systems,

if the vehicles or exhaust systems meet the requirements of
Directive 70/157/EEC, as amended by this Directive.

2. With effect from 1 October 2000, Member States:

— shall no longer grant EC type-approval,

and

— shall refuse to grant national type-approval

for a type of vehicle and for a type of exhaust system, if the
requirements of Directive 70/157/EEC, as amended by this
Directive, are not fulfilled.

Notwithstanding paragraph 2,

3.
the purposes of
replacement parts, Member States shall continue to grant EC
type-approval, and to permit the sale or entry into service, of
exhaust systems in accordance with previous versions of
Directive 70/157/EEC, provided that such exhaust systems:

for

— are intended to be fitted to vehicles already in use,

and

— comply with the requirements of that Directive which were

applicable when the vehicles were first registered.

Article 3

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive no later than 31 March 2000. They shall forthwith
inform the Commission thereof.

They shall apply these provisions with effect from 1 April
2000.

those provisions,

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

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

L 334/42

EN

Official Journal of the European Communities

28. 12. 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, 15 December 1999.

For the Commission

Erkki LIIKANEN

Member of the Commission

1. Annex II to Directive 70/157/EEC is amended as follows:

(a) item 2.3.3 is replaced by the following:

ANNEX

‘2.3.3. A vehicle representative of the type to which the system is to be fitted, which meets the requirements of

item 4.1 of Annex III, part I.’;

(b) the following item 5.1.3 is added:

‘5.1.3. Exhaust systems shall be carefully installed on the vehicle. In particular, it shall be checked that the complete

exhaust system will not noticeably leak after installation.’

2. Annex III to Directive 70/157/EEC is amended as follows:

(a) in part I, item 1 the words: ‘pursuant to sections 7.3.5 and 7.4.3 of Annex I’ shall be replaced by ‘pursuant to item

7 of Annex I’;

(b) in part II, item 1 the words: ‘pursuant to sections 6.3.5 and 6.4.3 of Annex II’ shall be replaced by ‘pursuant to item

7 of Annex II’.