WRITTEN QUESTION E-1693/00 by Jonas Sjöstedt (GUE/NGL) to the Commission. Rules governing tyres under whole vehicle type approval.
Date: 2000-05-29
Institutions: European Parliament, Provisional data
Subjects: Community certification, Sweden, application of EU law, competence of the Member States, motor car, pneumatic tyre, recycled product

C 53 E/176

Official Journal of the European Communities

EN

20.2.2001

to deal with litigation on validity and infringement of Community patents. An integrated jurisdictional
system that provides maximum legal certainty for the unitary Community title is one of the most essential
requirements for the success of the Community patent. The Commission is still evaluating the different
options available to ensure that the Community patent system will be as accessible and affordable as
possible.

(2001/C 53 E/229)

WRITTEN QUESTION E-1693/00

by Jonas Sj(cid:246)stedt (GUE/NGL) to the Commission

(29 May 2000)

Subject: Rules governing tyres under whole vehicle type approval

Numerous questions have been raised in Sweden concerning tyres in connection with whole vehicle type
approval, such as whether remoulded tyres are a (cid:145)repaired original part(cid:146) and therefore authorised under
whole vehicle type approval. A more important question, however, is whether the narrow winter tyres
granted an exemption for use in Sweden are authorised under whole vehicle type approval. The Swedish
National Road Administration considers them to be safer and more effective in the Swedish climate but is
this view consistent with whole vehicle type approval? What happens if Swedes take their cars with
narrow winter tyres to Germany? Are they then breaking the law?

Answer given by Mr Liikanen on behalf of the Commission

(23 June 2000)

A remoulded tyre is a tyre which has been reconditioned by repairing a worn tyre, replacing the used tread
with new material.

In the Community, rules in this area are, for the present, based solely on national provisions. However, it
is planned in the short term that Regulations 108 and 109 of the United Nations Economic Commission
for Europe, which lay down the rules for approval of this type of tyre, will be made compulsory.

It will therefore be possible in Europe to obtain type-approval for remoulded tyres, the use of which will
also be specified in order to make the distinction, according to vehicle type, between first and second
fitting. It is the first fitting that is affected by vehicle type-approval.

Winter tyres, more commonly referred to as (cid:145)snow tyres(cid:146), are tyres whose tread and structure are primarily
designed to ensure better performance than an ordinary tyre (for road use) in mud and in fresh or melting
snow. They are type-approved in Europe in accordance with Council Directive 92/23/EEC of 31 March
1992 relating to tyres for motor vehicles and their trailers and to their fitting (1) or Regulations 30 and 54
of the United Nations Economic Commission for Europe, and they must bear the letters M + S or M. S. or
M and S.

At present there are rules governing the use of winter tyres, generally for a period determined by each
Member State. Member States may grant certain derogations, as is the case in Sweden.

When a resident of a Member State goes to another Member State, either passing through or on holiday,
the Vienna Convention allows initial derogations to be retained in line with the free movement of vehicles.
However, for longer periods of time it is necessary to comply with the national provisions in force.

(1) OJ L 129, 14.5.1992.