Common Position (EC) No 7/2002 of 29 October 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC (Text with EEA relevance)
Date: 2001-10-29
Institutions: Council of the European Union
Subjects: European standard, marketing standard, motor vehicle, road safety, two-wheeled vehicle, vehicle parts

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C 45 E/1

I

(Information)

COUNCIL

COMMON POSITION (EC) No 7/2002

adopted by the Council on 29 October 2001

with a view to adopting Directive 2002/. . ./EC of the European Parliament and of the Council
of . . . relating to the type-approval of two or three-wheel motor vehicles and repealing Council
Directive 92/61/EEC

(2002/C 45 E/01)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

of two or three-wheel motor vehicles (5) allows the type-
approval procedure to be applied in full.

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of
Committee (2),

the Economic and Social

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1) Council Directive 92/61/EEC of 30 June 1992 relating to
the type-approval of two or three-wheel motor vehicles (4),
laid down the procedure for Community type-approval of
two or three-wheel motor vehicles, of components and of
separate technical units produced in conformity with the
technical requirements set out in separate directives.

(2) All the separate directives, provided for in the exhaustive
list of systems, components and separate technical units to
be regulated at Community level, have been adopted.

(3) The

commencement of

application of Directive
the
97/24/EC of the European Parliament and of the Council
of 17 June 1997 on certain components and characteristics

(1) OJ C 307 E, 26.10.1999, p. 1.
(2) OJ C 368, 20.12.1999, p. 1.
(3) Opinion of the European Parliament of 27 October 1999 (OJ C 154,
5.6.2000, p. 50), Council Common Position of 29 October 2001
and Decision of the European Parliament of . . . (not yet published
in the Official Journal).

(4) OJ L 225, 10.8.1992, p. 72. Directive as last amended by Directive
2000/7/EC of the European Parliament and of the Council (OJ L
106, 3.5.2000, p. 1).

(4) It

in order that

is clearly necessary,

the type-approval
system may work properly, to clarify certain administrative
instructions and to supplement the norms contained in the
Annexes to Directive 92/61/EEC. With this in view, it is
necessary to introduce harmonised norms concerning, in
particular, the numbering of type-approval certificates as
well as exemptions
for end-of-series vehicles and for
vehicles, components and separate technical units incor-
porating technologies which are not yet covered by
Community
the
analogous norms of 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 (6).

arrangements,

the manner

of

in

(5) Account being taken of currently established technologies,
examination of the components and characteristics of the
said vehicles has resulted in the retention only of those set
out in Annex I to this Directive since all others are inap-
propriate for regulatory purposes. However,
in view of
progress and developments in technology, it will be appro-
priate to examine any further components and charac-
teristics,
in particular those relating to secondary safety,
to be added to those already listed in the said Annex I.

the

(6) The Community approval procedure is intended to enable
each Member State to confirm that each type of vehicle has
undergone
separate
checks provided for
directives and has been issued with a type-approval
certificate. It is also intended to enable manufacturers to
all vehicles
prepare
conforming to the type that has been approved. When a
vehicle is accompanied by this certificate it may be placed
on the market, sold and registered for use throughout the
Community.

conformity for

certificate of

in the

a

(5) OJ L 226, 18.8.1997, p. 1.
(6) OJ L 42, 23.2.1970, p. 1. Directive

Directive 2000/40/EC of
Council (OJ L 203, 10.8.2000, p. 9).

as
the European Parliament and of

amended by
the

last

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the measures proposed,

(7) Since the objectives of improving the functioning of the
system of Community vehicle approval according to type
cannot be sufficiently achieved by the Member States indi-
vidually and can therefore, given the scale and the impact
at
of
Community level, the Community may adopt measures in
accordance with the principle of subsidiarity as set out in
Article 5 of the Treaty. In accordance with the principle of
proportionality as set out in that Article, this Directive does
not go beyond what is necessary in order to achieve those
objectives.

be better

achieved

(8) The measures necessary for the implementation of

this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (1).

for

(h) cycles with pedal assistance which are equipped with an
auxiliary electric motor having a maximum continuous
rated power of 0,25 kilowatts, of which the output
is
progressively reduced and finally cut off as the vehicle
the cyclist
reaches a speed of 25 km/h, or sooner,
stops pedalling,

if

nor to the components or technical units thereof unless they
are intended to be fitted to vehicles covered by this Directive.

It does not apply to the approval of single vehicles except that
Member States granting such approvals shall accept any type-
approval of components and separate technical units granted
under this Directive instead of under the relevant national
requirements.

(9) For reasons of clarity it

is advisable to repeal Council

Directive 92/61/EEC and replace it by this Directive,

The vehicles

2.
subdivided into:

referred to in paragraph 1 shall be

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

This Directive applies to all two or three-wheel motor
intended to
twin-wheeled or otherwise,
separate

1.
vehicles, whether
travel on the road, and to the components or
technical units of such vehicles.

This Directive does not apply to the following vehicles:

(a) vehicles with a maximum design speed not exceeding

6 km/h,

(b) vehicles intended for pedestrian control,

(a) mopeds,

i.e.

two-wheel

L1e) or
three-wheel vehicles
(category L2e) with a maximum
design speed of not more than 45 km/h and characterised
by:

(category

vehicles

(i) in the case of the two-wheel type, an engine whose:

(cid:151) cylinder capacity does not exceed 50 cm3 in the

case of the internal combustion type, or

(cid:151) maximum continuous rated power is no more than

4 kW in the case of an electric motor;

(ii) in the case of the three-wheel type, an engine whose:

(cid:151) cylinder capacity does not exceed 50 cm3 if of the

spark (positive) ignition type, or

(c) vehicles intended for use by the physically handicapped,

(cid:151) maximum net power output does not exceed 4 kW
in the case of other internal combustion engines, or

(d) vehicles intended for use in competition, on roads or in

off-road conditions,

(e) vehicles already in use before the application date of

Directive 92/61/EEC,

(f)

tractors and machines, used for agricultural or similar
purposes,

(g) vehicles designed primarily for off-road leisure use having
wheels arranged symmetrically with one wheel at the front
of the vehicle and two at the rear,

(1) OJ L 184, 17.7.1999, p. 23.

(cid:151) maximum continuous rated power does not exceed

4 kW in the case of an electric motor;

(b) motorcycles,

i.e.

two-wheel vehicles without a sidecar
fitted
(category L3e) or with a sidecar (category L4e),
with an engine having a cylinder capacity of more than
50 cm3 if of the internal combustion type, and/or having
a maximum design speed of more than 45 km/h,

(c) motor

i.e. vehicles with three symmetrically
tricycles,
arranged wheels
fitted with an engine
(category L5e)
having a cylinder capacity of more than 50 cm3 if of the
internal combustion type and/or a maximum design speed
of more than 45 km/h.

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This Directive shall also apply to quadricycles, i.e. motor
3.
vehicles with four wheels having the following characteristics:

2.

(cid:145)variant(cid:146) means either a vehicle or a group of vehicles
(versions) being of the same type where:

(a)

light quadricycles whose unladen mass is not more than
the
350 kg (category L6e), not
batteries in case of electric vehicles, whose maximum
design speed is not more than 45 km/h and

including the mass of

(i) whose engine cylinder capacity does not exceed

50 cm3 for spark (positive) ignition engines, or

(a)

they have the same shape of bodywork (basic charac-
teristics);

(b) within the group of vehicles (versions) the difference in
the mass in running order between the lowest value
and the highest value does not exceed 20 % of the
lowest value;

(ii) whose maximum net power output does not exceed
internal combustion

4 kW in the case of other
engines, or

(c) within the group of vehicles (versions) the difference in
the maximum permissible mass between the lowest
value and the highest value does not exceed 20 % of
the lowest value;

(iii) whose maximum continuous rated power does not

exceed 4 kW in the case of an electric motor.

These vehicles
requirements
applicable to three-wheel mopeds of category L2e unless
specified differently in any of the separate directives;

technical

fulfil

shall

the

(b) quadricycles, other than those referred to in point

(a),
whose unladen mass is not more than 400 kg (category
L7e) (550 kg for vehicles intended for carrying goods), not
including the mass of batteries in the case of electric
vehicles, and whose maximum net engine power does
not exceed 15 kW. These vehicles shall be considered to
technical
fulfil
shall
tricycles
be motor
tricycles of category
requirements applicable to motor
L5e unless specified differently in any of
the separate
directives.

and

the

Article 2

For the purposes of this Directive:

(d) they have the same operating cycle (two or four stroke,

spark ignition or compression ignition);

(e) within the group of vehicles (versions) the difference in
the cylinder capacity of the power unit (in the case of
an internal combustion unit) between the lowest value
and the highest value does not exceed 30 % of the
lowest value;

(f) have the same number and arrangement of cylinders;

(g) within the group of vehicles (versions) the difference in
the power output of
the power unit between the
lowest value and the highest value does not exceed
30 % of the lowest value;

(h) have the same operating mode (of electric motors);

(i) have the same type of gearbox (manual, automatic,

etc.);

1.

(cid:145)type of vehicle(cid:146) means either a vehicle or a group of
vehicles (variants) which:

(a) belong to a single category (two-wheel moped L1e,
three-wheel moped L2e, etc., as defined in Article 1);

3.

(cid:145)version(cid:146) means a vehicle of the same type and variant but
which may incorporate any of the equipment, components
or systems listed in the Information Document in Annex II
provided that there is only:

(b) are constructed by the same manufacturer;

(a) one value quoted for:

(c) have the same chassis, frame, sub-frame, floor pan or
structure to which major components are attached;

(i) the mass in running order;

(ii) the maximum permissible mass;

(d) have a power unit with the same principle of operation

(internal combustion, electric, hybrid, etc.);

(iii) the power output of the power unit;

(e) have the same type designation given by the manu-

(iv) the cylinder capacity of the power unit, and:

facturer.

A type of vehicle may include variants and versions;

VII;

(b) one set of test results quoted in accordance with Annex

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4.

5.

6.

7.

(cid:145)system(cid:146) means any vehicle system such as brakes, emission
control
the
requirements laid down in any of the separate directives;

etc. which is

equipment,

subject

to

exhaust

system silencer,

such as a
(cid:145)separate technical unit(cid:146) means a device,
replacement
to the
requirements of a separate directive, intended to be part
of a vehicle, which may be type-approved separately but
only in relation to one or more specified types of vehicles,
where the separate directive makes express provision for so
doing;

subject

(cid:145)component(cid:146) means a device, such as a lamp, subject to the
requirements of a separate directive, intended to be part of
a vehicle, which may be type-approved independently of a
vehicle, where
express
provision for so doing;

separate directive makes

the

(cid:145)type-approval(cid:146) means the procedure whereby a Member
State certifies that a type of vehicle, system, separate
technical unit or
technical
requirements set out
in this Directive or the separate
directives and the checks on the correctness of the manu-
facturer’s data, as provided for in the exhaustive list set out
in Annex I;

component

satisfies

the

8.

(cid:145)twinned wheels(cid:146) means two wheels mounted on the same
axle, the distance between the centres of their areas of
contact with the ground being less
than 460 mm.
Twinned wheels shall be considered as one wheel;

9.

(cid:145)twin-propulsion vehicles(cid:146) means
vehicles with two
different systems of propulsion, for example an electric
system and a thermic system;

10.

(cid:145)manufacturer(cid:146) means the person or body responsible to
the approval authority for all aspects of the type-approval
process and for ensuring conformity of production. It is
not essential that the person or body is directly involved in
all stages of the construction of the vehicle, component or
separate technical unit covered by the approval process;

11.

(cid:145)technical service(cid:146) means the organisation or body that has
been appointed as a testing laboratory to carry out tests or
inspections on behalf of
the approval authority of a
Member State. This function may also be carried out by
the approval authority itself.

CHAPTER II

PROCEDURES FOR GRANTING TYPE-APPROVAL

Article 3

Applications for type-approval shall be submitted by the manu-
facturer to the approval authority of a Member State. They

type-approval purposes of

for vehicle type-approval purposes,
and,

shall be accompanied by an information document, a model
is set out in
of which,
Annex II
systems,
for
separate technical units or components,
is contained in an
Annex or Appendix to the relevant system, separate technical
unit or component directive, and also by the other documents
referred to in the information document. Applications for a
given type of vehicle,
separate technical unit or
system,
component may be submitted to one Member State only.

Article 4

Each Member State shall grant type-approval to all types
1.
of vehicle, systems, separate technical units or components if
these meet the following conditions:

(a) the type of vehicle meets the technical requirements of the
separate directives and is as described by the manufacturer
in accordance with the data provided for in the exhaustive
list set out in Annex I;

(b) the system, separate technical unit or component meets the
technical requirements of
the relevant separate directive
and is as described by the manufacturer in accordance
with the data provided for in the exhaustive list set out
in Annex I.

Before conducting type-approval,

2.
the competent auth-
orities in the Member State which carry out these operations
shall take all necessary steps to ensure, if necessary in coop-
eration with the competent authorities in the Member State
where manufacturing takes place or the product is brought
there is compliance with the
into the Community,
the new vehicles,
in order
provisions of Annex VI
systems, separate technical units or components manufactured,
placed on the market, offered for sale or put into service,
conform to the approved type.

that

that

3.
The competent authorities referred to in paragraph 2
shall ensure, if necessary in cooperation with the competent
authorities in the Member State where manufacturing takes
place or the product is brought into the Community, that
the provisions of Annex VI continue to be observed.

is

for a type of
4. Where an application for type-approval
vehicle
type-approval
accompanied by one or more
certificates of a system, separate technical or component unit
the Member State
issued by one or more Member States,
conducting type-approval
for a type of vehicle shall be
obliged to accept them and shall not perform, in respect of
the systems, separate technical units and/or components which
have been type-approved, the checks required by paragraph
1(b).

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Each Member State shall be responsible for the type-
5.
approval of a system, separate technical unit or component
that it grants. The competent authorities in the Member State
which grant type-approval for a type of vehicle shall check
conformity of production, where necessary in cooperation
with those competent authorities in the other Member States
which have issued type-approval certificates
systems,
separate technical unit or components.

for

6.
However, if a Member State finds that a vehicle, system,
separate technical unit or component which complies with the
provisions of paragraph 1 is nevertheless a serious risk to road
safety,
shall
forthwith inform the other Member States and the Commission
thereof, stating the reasons on which its decision is based.

it may refuse to grant

the type-approval.

It

vehicle produced in conformity with the type that has been
approved. Such a certificate shall accompany each vehicle.
least
However, Member States may request, after giving at
three months’
other
to
Member States, for reasons of vehicle taxation or in order to
draw up the vehicle registration document, that the certificate
of conformity shall contain details other than those mentioned
in Annex IV(A), provided that
those details are explicitly
included in the information document.

the Commission

notice

and

The certificate of conformity shall be made in such a way as to
prevent any forgery. For this purpose, the printing shall be
made on paper protected either by coloured graphics or water-
marked with the vehicle manufacturer’s identification mark.

Article 5

1.
The competent authority in a Member State shall
complete the type-approval form contained in Annex III for
all types of vehicles in respect of which it conducts type-
approval, and in addition shall enter the test results under
the relevant headings on the form attached to the vehicle
approval form, the model for which is given in Annex VII.

2.
A certificate of conformity, a model of which is shown in
Annex IV(B), shall be completed by the manufacturer for each
non-original
separate technical unit or component manu-
factured in conformity with the approved type. That certificate
is not
separate technical units or
components.

required for original

The competent authority in a Member State shall
2.
complete the type-approval form contained in an Annex or
for each
an Appendix to each relevant separate directive,
type of system, separate technical unit or component
in
respect of which it conducts type-approval.

3.
Type-approval certificates of a system, separate technical
unit or component shall be numbered in accordance with the
method described in Annex V(A).

Article 6

The competent authority in each Member State shall
1.
forward to those of
the other Member States, within one
month, a copy of the type-approval certificate, together with
the annexes for each type of vehicle that they type-approve or
refuse to type-approve.

2.
The competent authority in each Member State shall send
monthly to the competent authorities of the other Member
the type-approvals of a system, separate
States, a list of
technical unit or component, which it has granted or refused
to grant during that month.

In addition, at the request of a competent authority of another
Member State,
the type-
approval certificate together with the annexes for each type
of system, separate technical unit or component.

it shall send forthwith a copy of

Article 7

1.
A certificate of conformity, a model of which is shown in
Annex IV(A), shall be completed by the manufacturer for each

can be verified only when that

3. Where the separate technical unit or component to be
type-approved performs its function or displays a specific char-
acteristic only in conjunction with other components of the
vehicle and for this reason compliance with one or more
requirements
separate
technical unit or component
to be approved functions in
conjunction with other vehicle components whether real or
that separate
simulated,
technical unit or component must be restricted accordingly.
The type-approval certificate for a separate technical unit or
component shall then set out any restrictions on use and any
instructions for fitting it. Compliance with these restrictions
and requirements shall be verified when the vehicle is type-
approved.

the type-approval of

the scope of

4. Without prejudice to paragraph 2, the holder of a type-
approval for a separate technical unit or component that has
been granted under Article 4 shall be obliged to affix to each
such separate technical unit or component manufactured in
trade
factory or
conformity with the approved type, his
mark, a statement of the type and,
if the separate directive
so requires, the type-approval mark referred to in Article 8.
In this latter case, he is not required to complete the certificate
provided for in paragraph 2.

Any holder of a type-approval certificate for a separate
5.
technical unit or component which, under paragraph 3,
contains restrictions on use, must supply detailed information
on those restrictions and must give fitting instructions, where
appropriate, with each separate technical unit or component
manufactured.

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Any holder of a type-approval certificate for a separate
6.
technical unit of non-original equipment, issued in connection
with one or more types of vehicle, must with each such unit
supply detailed information allowing those vehicles to be
identified.

Article 8

Any vehicle produced in conformity with the type which
1.
has been type-approved shall bear a type-approval mark
composed in accordance with section 1,
section 3 and
section 4 of the type-approval number, set out in Annex V(A).

2.
Any separate technical unit and any component produced
in conformity with the type having been type-approved shall
include, if the relevant separate directive so provides, a type-
approval mark which meets the requirements set out in Annex
listed in Annex V(B),
V(B). The
paragraph 1.2 shall be composed in accordance with section
4 of the type-approval number set out in Annex V(A).

type-approval number

The information contained in the type-approval mark may
be supplemented by further
information enabling certain
characteristics which are specific to the separate technical
unit or component at
further
information shall, where appropriate, be specified in the
separate
units
those
or components.

issue to be identified. That

directives

technical

separate

on

Article 9

1.
The manufacturer shall be responsible for the manu-
facture of each vehicle or the production of each system,
separate technical unit or component in compliance with the
approved type. The final cessation of production or any
changes to the information contained in the information
document must be notified by the type-approval holder to
the competent authorities in the Member State which issued
that type-approval.

2.
If the competent authorities of the Member State referred
to in paragraph 1 consider that a change of this type does not
involve any change to the existing type-approval certificate, or
the drawing up of a new type-approval certificate, they shall
inform the manufacturer accordingly.

If the competent authorities in the Member State referred
3.
to in paragraph 1 confirm that a change in the information set
out in the information document justifies new checks or new
tests, they shall inform the manufacturer accordingly and shall
involve
perform those tests. Should the checks or
amendments to the existing type-approval certificate or the
drawing up of a new certificate, the authorities shall inform
the competent authorities of
the other Member States in
accordance with Article 6.

tests

4. Where the particulars appearing in the information
document for vehicle approval have changed, the manufacturer
shall issue revised pages to the Approval Authority showing
clearly the nature of the change and the date of reissue. Only

the

information document
changes made to the
where
necessitate the amendment of one or more of
the entries
given in the Certificate of Conformity in Annex IV (except
items 19.1 and 45 to 51 inclusive),
the reference
number on the information document be changed.

shall

5. Where a type-approval certificate ceases to have effect as
a result of final cessation of production of the type of vehicle
which has been approved or of the system or of the separate
technical unit or component which has been type-approved,
the competent authorities in the Member State which have
carried out that type-approval shall inform the competent auth-
orities in the other Member States within one month.

Article 10

separate

that vehicles,

If the Member State which has conducted type-approval
1.
technical units or
finds
systems,
components do not conform to the approved type,
it shall
take the necessary measures to ensure that the production of
any item that has been type-approved is again in conformity.
The competent authorities in that Member State shall inform
the authorities in the other Member States of the measures
taken which may, where necessary, extend to the withdrawal
of type-approval.

2.
If a Member State finds that vehicles, systems, separate
technical units or components do not conform to the approved
type, it may request the Member State which has conducted the
type-approval to verify the irregularities found. Any Member
State which has conducted type-approval shall conduct
the
necessary check within six months following the date of
receipt of that request. Should a failure to conform be estab-
lished, the competent authorities in the Member State which
has conducted type-approval shall take the measures set out in
paragraph 1.

The competent authorities in the Member States shall
3.
inform each other, within one month, of the withdrawal of
any type-approval granted and of the reasons for such measure.

If

the Member State which has granted type-approval
4.
disputes the failure to conform notified to it,
the Member
States involved shall endeavour to resolve the matter. The
informed and, where necessary,
Commission shall be kept
to reach a
shall hold appropriate consultations
settlement.

in order

Article 11

acknowledge

from the
Acting by a qualified majority on a proposal
Commission,
equivalence
the Council may
between the conditions or provisions for type-approval of
vehicles, systems, separate technical units and components
established by this Directive together with the separate
directives, and the procedures established by international regu-
lations or
in the
framework of multilateral agreements or bilateral agreements
between the Community and non-member countries.

regulations of non-member

countries

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Article 12

CHAPTER III

systems,

that vehicles,

If a Member State finds
technical units or
components
hazard, even though they are of an approved type,
for a maximum period of
territory the sale, entry into service or use thereof.
forthwith
Commission, giving reasons for its decision.

separate
a road safety
it may,
six months, prohibit on its
It shall
the

other Member

inform the

constitute

States

and

Article 13

Any decision concerning the refusal or withdrawal of type-
approval, a ban on the sale or use of a vehicle, separate
technical unit or component taken pursuant to the provisions
adopted in implementation of this Directive shall state in detail
the reasons on which it is based. It shall be notified to the
party concerned, who shall, at the same time, be informed of
the remedies available under the laws in force in the Member
States and of the time limits allowed for the exercise of such
remedies.

CONDITIONS
PROVISIONAL

ATTACHED
TO
ARRANGEMENTS,

FREE
EXEMPTIONS

MOVEMENT,
AND

ALTERNATIVE PROCEDURES

Article 15

the placing on the
1. Member States shall not prohibit
market,
sale, entry into service or use of new vehicles
complying with this Directive. Only vehicles complying with
this Directive may be presented for initial registration.

the placing on the
2. Member States shall not prohibit
market, sale or use of new separate technical units or new
components complying with this Directive. Only separate
technical
this
components
Directive may be placed on the market and sold for the first
time for use in the Member States.

complying with

units

and

3.

By way of derogation from paragraphs 1 and 2:

Article 14

1. Member States shall notify the Commission and the other
Member States of the names and addresses of:

(a) Member States may exempt vehicles, systems, separate

technical units and components intended:

(a) the type-approval authorities and, if applicable, the discip-

lines for which the authorities are responsible;

(b) the technical services which they have approved, specifying
for which test procedures each of these services has been
approved. The notified services must satisfy the harmonised
standards on the operation of
testing laboratories (EN
45001) subject to the following provisos:

(i) a manufacturer may not be approved as a technical
service except where the separate directive makes
express provisions for doing so;

(ii) for the purpose of this Directive it is not considered
exceptional for a technical service to use equipment
from an outside source, subject to the agreement of
the approval authority.

2.
A notified service shall be presumed to satisfy the
harmonised standard but, where appropriate, the Commission
may ask Member States to provide supporting evidence.

Non-member country services may not be notified as approved
technical services other than in the framework of bilateral
agreements
the
Community and non-member countries.

or multilateral

agreements

between

(i) either

for production in small

series of up to a
maximum of 200 units a year per type of vehicle,
per system, per component or per separate technical
unit,

(ii) or for the armed forces, law enforcement agencies, civil
defence services, fire brigades or public-works bodies,

from compliance with any of
separate directives.

the requirements of

the

these
The other Member States shall be informed of
exemptions within one month of
their being granted.
Within three months these Member States shall decide
whether they accept the type-approval for vehicles to be
registered within their territory. The certificate of such
type-approval may not bear the heading (cid:145)EC type-approval
certificate(cid:146);

(b) type-approval certificates issued at national level before 17
June 1999 shall remain valid within the Member States
issuing them for a period of four years from the date on
which national
laws are required to comply with the
relevant directives.

The same period is also extended to types of vehicles,
systems, components or technical entities conforming to
national requirements of Member States applying other
legislative systems than those for type-approval
in force
before the implementation of the relevant directives.

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Vehicles covered by the latter exemption may be placed on
the market, sold and entered into service during this period
with no time limit on their use.

CHAPTER IV

PROCEDURE FOR ADAPTATION TO TECHNICAL PROGRESS

Article 17

The placing on the market, sale and use of systems,
separate
these
technical units
vehicles shall carry no time limit.

and components

for

to lay down,

in accordance with the Treaty,

This Directive shall not affect the right of the Member
4.
States
the
requirements which they consider necessary to ensure the
protection of users during the use of
in
question, provided that this does not entail modification to
the vehicles.

the vehicles

Any amendments needed for the purposes of adapting to
technical progress
the
provisions of the separate directives referred to in Annex I
shall be adopted in accordance with the procedure set out in
Article 18(2).

to this Directive or

the Annexes

Article 18

1.
The Commission shall be assisted by the Committee for
Adaptation to Technical Progress, set up by Article 13 of
Directive
(cid:145)the
Committee(cid:146)).

70/156/EEC (hereinafter

referred

to

as

Article 16

By way of derogation from Article 15(1) and (2), and
1.
within the limits set out in Annex VIII, Member States may,
for a limited period, register and permit the sale or entry into
service of new vehicles conforming to a type of vehicle whose
type-approval is no longer valid. This option shall be limited to
a period of 12 months as from the date on which the type-
approval lost its validity.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
is set at three months.

3.

The Committee shall adopt its rules of procedure.

The first subparagraph shall apply only to vehicles which were
in the territory of the Community and were accompanied by a
valid certificate of conformity which had been issued when the
type-approval of the vehicle in question was still valid, but
which had not been registered or put into service before the
said type-approval lost its validity.

Before paragraph 1 may be applied to one or more types
2.
of a given category, the manufacturer shall submit a request to
the competent authority of each Member State concerned by
the entry into service of such types of vehicle. The request shall
specify the technical and/or economic reasons justifying it.

Within three months such Member States shall decide whether,
and for how many units, they will accept the vehicle type
concerned for registration in their territory. Each Member
State concerned by the entry into service of such types of
vehicle shall be responsible for ensuring that the manufacturer
complies with the provisions of Annex VIII. Member States
of
send
shall
exemptions granted.

Commission

every

year

the

list

a

3.
As regards vehicles, components or separate technical
units incorporating technologies or concepts which cannot,
due to their specific nature, comply with one or more of the
requirements of one or more of the separate directives, point
(c) of Article 8(2) of Directive 70/156/EEC shall apply.

CHAPTER V

FINAL PROVISIONS

Article 19

Council Directive 92/61/EEC shall be repealed with effect from
. . .
(*). References made to Directive 92/61/EEC shall be
construed as references to this Directive and read according
to the correlation table in Annex IX.

Article 20

1. Member States shall bring into force before . . . (**) the
laws, regulations and administrative provisions necessary to
comply with this Directive. They shall forthwith inform the
Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such
reference on the occasion of
their official publication.
Methods of making such reference shall be laid down by
Member States.

2. Member States shall apply the provisions referred to in
paragraph 1, first subparagraph, as from . . . (*). However, at
the request of the manufacturer the previous model of the
certificate of conformity may still be used for 12 months
thereafter.

(*) Eighteen months after the date of entry into force of this Directive.
(**) Twelve months after the date of entry into force of this Directive.

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From . . . (*) Member States shall not prohibit the first
3.
entry into service of vehicles complying with this Directive.

4. 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.

order to facilitate registration and taxation in their territory.
Member States may also request
the Certificate of
Conformity be supplemented by the national code number.

that

Article 23

Article 21

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

This Directive shall not invalidate any approvals granted before
. . . (**), nor prevent extension of such approvals under the
the Directive under which they were originally
terms of
granted. However, as
from (***) certificates of conformity
issued by the manufacturer shall comply with the model
specified in Annex IV.

Article 22

Article 24

This Directive is addressed to the Member States.

Done at . . .

Pending the harmonisation of registration and taxation systems
in the Member States in relation to vehicles covered by this
Directive, Member States may use national code systems in

For the European Parliament

The President

For the Council

The President

(*) Twelve months after the date of entry into force of this Directive.
this
(**) Eighteen months after

the date of entry into force of

Directive.

(***) Thirty months after the date of entry into force of this Directive.

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ANNEX I

LIST OF REQUIREMENTS FOR THE PURPOSE OF VEHICLE TYPE-APPROVAL

The vehicle components and characteristics on the exhaustive list below are followed by (cid:145)CONF(cid:146) if their conformity with
the manufacturer’s data has to be checked or by (cid:145)SD(cid:146) if their conformity with requirements laid down in Community
legislation has to be checked.

(As appropriate, taking account of the scope and latest amendment to each of the separate Directives listed below)

Heading
No

Subject

Term

Directive No (if applicable)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

Make

Type/variant/version

Name and address of vehicle manufacturer

CONF

CONF

CONF

Name
representative, if any

and address of

Category of vehicle (*)

vehicle manufacturer’s

authorised

CONF

CONF

2001/. . ./EC

Number of wheels and their position in case of three-wheel
vehicle

Outline drawing of frame

Name and address of engine manufacturer (if different from
vehicle manufacturer)

Make and description of engine

Type of engine ignition

Engine operating cycle (**)

Type of engine cooling

Type of engine lubrication (**)

Number and configuration of cylinders or stators (in the case of
rotary-piston engine) in the engine (**)

stroke, cylinder capacity or volume of combustion
Bore,
chambers (in the case of rotary-piston engine) in the engine (**)

Full diagram of the engines induction system (**)

Engine compression ratio (**)

CONF

CONF

CONF

CONF

CONF

CONF

CONF

CONF

CONF

CONF

CONF

CONF

Maximum torque and maximum net power of engine, whether
this is:

SD

95/1/EC

(cid:151) of the spark-ignition or compression-ignition type,

CONF

or

(cid:151) electric

Anti-tampering measures for mopeds and motorcycles

Fuel tank (**)

Traction battery(ies)

Carburettor or other engine fuel supply system (type and
make) (**)

Electric system (nominal voltage)

Generator (type and maximum output) (**)

97/24/EC C7

97/24/EC C6

SD

SD

SD

CONF

CONF

CONF

CONF

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Heading
No

Subject

Term

Directive No (if applicable)

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

Maximum design speed of the vehicle

Masses and dimension

Coupling devices and their attachment

Anti-air pollution measures (**)

Tyres

Transmission

Braking system

Installation of lighting and light-signalling devices on the vehicle

Lighting and light-signalling devices on the vehicle
the
mandatory or optional presence of which is laid down in the
installation requirements under heading No 32

Audible warning device

Position for the mounting of rear registration plate

Electromagnetic compatibility

Sound level and exhaust system (**)

Rear-view mirror(s)

External projections

Stand (except in case of vehicles having three or more wheels)

Devices to prevent unauthorised use of the vehicle

Windows; windscreen wipers; windscreen washers; devices for
deicing and demisting for three-wheel mopeds, motor tricycles
and quadricycles with bodywork

Passenger hand-hold for two-wheel vehicles

Anchorage points
three-wheel mopeds, motor
bodywork

for

safety belts

for
tricycles and quadricycles with

and safety belts

Speedometer

Identification of controls, tell-tales and indicators

Statutory inscriptions (content, location and method of affixing)

SD

SD

SD

SD

SD

CONF

SD

SD

SD

SD

SD

SD

SD

SD

SD

SD

SD

SD

SD

SD

SD

SD

SD

95/1/EC

93/93/EEC

97/24/EC C10

97/24/EC C5

97/24/EC C1

93/14/EEC

93/92/EEC

97/24/EC C2

93/30/EEC

93/94/EEC

97/24/EC C8

97/24/EC C9

97/24/EC C4

97/24/EC C3

93/31/EEC

93/33/EEC

97/24/EC C12

93/32/EEC

97/24/EC C11

2000/7/EC

93/29/EEC

93/34/EEC

(*) In the case of twin-propulsion vehicles, if the two systems of propulsion are such that the vehicle falls within the definition either of

a moped or of a motorcycle, motor tricycle or quadricycle, the latter definitions shall apply to it.

(**) Electrically-propelled vehicles are not subject to the requirements relating to this heading. This does not apply to twin-propulsion

vehicles in which one of the systems of propulsion is electric and the other thermic.

Note: The separate directives will lay down specific requirements for low-performance mopeds, i.e. mopeds with pedals, with an auxiliary
engine of power not exceeding 1 kW and a maximum design speed not exceeding 25 km/h. These specific characteristics will apply
in particular to the components and characteristics covered by heading Nos 18, 19, 29, 32, 33, 34, 41, 43 and 46 of this Annex.

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ANNEX II

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ANNEX III

______

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ANNEX IV

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ANNEX V

NUMBERING AND MARKING

A. TYPE-APPROVAL CERTIFICATE NUMBERING SYSTEM

(Article 5(3))

1. The type-approval number shall consist of

(cid:151) four sections for vehicle type-approvals and

(cid:151) five sections for system, component, and separate technical unit approvals, as detailed below. In all cases, the

sections shall be separated by the (cid:145)*(cid:146) character.

Section 1: the lower case letter (cid:145)e(cid:146) followed by the distinguishing code (number) of the Member State issuing

the type-approval:

1 for Germany; 2 for France; 3 for Italy; 4 for the Netherlands; 5 for Sweden; 6 for Belgium; 9 for
Spain; 11 for the United Kingdom; 12 for Austria; 13 for Luxembourg; 17 for Finland; 18 for
Denmark; 21 for Portugal; 23 for Greece; 24 for Ireland.

Section 2: the number of the base Directive.

Section 3: the number of the latest amending Directive applicable to the type-approval.

In the case of vehicle type-approvals, this means the latest Directive amending an Article (or
Articles) of this Directive.

In the case of system, component and separate technical unit type-approvals, this means the latest
separate Directive containing the actual provisions with which the system, component or technical
unit conforms.

However, if a base Directive has not been amended, its number is retaken in section 3.

Should a Directive contain different
technical
standards, an alphabetical character shall be added to specify to which standard the approval
was granted.

referring to different

implementation dates

Where system, component or separate technical unit type-approvals are possible according to
chapters or sections of the same separate Directive, the number of the separate Directive shall be
followed by the number of the Chapter (1), Annex (2) and Appendix (3) in order to indicate the
subject of the type-approval. In all cases, these numbers shall be separated by the (cid:145)/(cid:146) character.

Section 4: a four-digit sequential number (with leading zeros as applicable) to denote the base type-approval

number. The sequence shall start from 0001 for each base Directive.

Section 5: a two-digit sequential number (with leading zeros if applicable) to denote the extension. The

sequence shall start from 00 for each base type-approval number.

2. In the case of EC type-approval for a whole vehicle, section 2 shall be omitted.

3. On the vehicle’s statutory plate only, Section 5 shall be omitted.

4. Example of the second type-approval granted by the Netherlands according to Directive 97/24/EC, Chapter 5,

Annex II:

e4*97/24*97/24/5/II*0002*00

5. Example of the third type-approval (extension 1) granted by Italy according to Directive 95/1/EC, Annex I:

e3*95/1*95/1/I*0003*01

(1) In Arabic characters.
(2) In Roman characters.
(3) In Arabic characters and capital letters where applicable.

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6. Example of

the ninth type-approval
93/29/EEC as amended by Directive 2000/74/EC:

(extension 4) granted by the United Kingdom according to Directive

e11*93/29*2000/74*0009*04

7. Example of the fourth vehicle type-approval (extension 2) granted by Germany according to Directive 92/61/EEC:

e1*92/61*0004*02

8. Example of the vehicle type-approval number stamped on the vehicle’s statutory plate:

e1*92/61*0004

B. TYPE-APPROVAL MARK

1.

The type-approval mark of a component or separate technical unit consists of:

1.1. a rectangle surrounding a lower case letter (cid:145)e(cid:146), followed by the distinguishing number of the Member State which

has issued type-approval, i.e.:

(cid:151) 1 for Germany

(cid:151) 2 for France

(cid:151) 3 for Italy

(cid:151) 4 for the Netherlands

(cid:151) 5 for Sweden

(cid:151) 6 for Belgium

(cid:151) 9 for Spain

(cid:151) 11 for the United Kingdom

(cid:151) 12 for Austria

(cid:151) 13 for Luxembourg

(cid:151) 17 for Finland

(cid:151) 18 for Denmark

(cid:151) 21 for Portugal

(cid:151) 23 for Greece

(cid:151) 24 for Ireland.

1.2. The four-digit number from Section 4 of the type-approval number, as given on the type-approval form
completed for the separate technical unit or component concerned. The number is entered below and close
to the rectangle referred to in point 1.1. The figures making up the number are entered on the same side of the
letter (cid:145)e(cid:146) and face the same direction. In order to avoid any confusion with other symbols, Roman numerals must
not be used in the type-approval number.

2.

The type-approval mark is affixed to the separate technical unit or component in such a way as to be indelible
and clearly legible, even when the separate technical unit or component is fitted to the vehicle.

3. An example of a type-approval mark is contained in the Appendix to this Annex.

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Appendix

Example of a type-approval mark

Legend: The above type-approval of a component or a separate technical unit was issued by Ireland (e 24) under No 0676.

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PROVISIONS RELATING TO CHECKING THE CONFORMITY OF PRODUCTION

ANNEX VI

1.

In order to check that vehicles, systems, separate technical units and components are produced in such a way as
to conform to the type which has been type-approved, the following provisions apply.

1.1.

The holder of the type-approval certificate is obliged to:

1.1.1. ensure that there are procedures for the effective monitoring of product quality;

1.1.2. have access to the monitoring equipment necessary for checking the conformity of each type of vehicle or each

type of system, separate technical unit or component which has been type-approved;

1.1.3. ensure that the data concerning test results are recorded and the attached documents are kept for a period of 12

months after the cessation of production;

1.1.4. analyse the results of each type of test in order to monitor and ensure the consistency of the characteristics of the

product, with due regard for the variations permissible within industrial manufacture;

1.1.5. take steps to ensure that the tests prescribed in the relevant separate Directive are performed for each type of

product;

1.1.6. take steps to ensure that any taking of samples or test-pieces which give evidence of non-conformity for the type
of test under consideration is followed by a fresh taking of samples and a new test. All necessary measures must
be taken to re-establish the conformity of the corresponding production.

1.2.

The competent authorities, which have issued the type-approval certificate, may check at any time the methods
used for checking conformity in each production unit.

1.2.1. At the time of each inspection the test and production records must be conveyed to the inspector.

1.2.2. The inspector may select at random samples to be tested in the manufacturer’s laboratory. The minimum number

of samples may be determined in accordance with the results of the manufacturer’s own checks.

1.2.3. Where the quality level appears unsatisfactory or where it seems necessary to check the validity of tests performed
in accordance with 1.2.2, the inspector must take samples which will be sent to the technical body which has
performed the tests for type-approval.

1.2.4. The competent authorities may perform all the tests prescribed in the separate Directive(s) applying to the

product(s) concerned.

1.2.5. The competent authorities must authorise one inspection per year.

If a different number of inspections is
necessary, it will be specified in each of the separate Directives. If negative results are noted during an inspection,
the competent authority must ensure that all necessary measures are taken to re-establish conformity of
production as soon as possible.

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ANNEX VII

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ANNEX VIII

END-OF-SERIES VEHICLES

(Article 16(1) and (2))

The maximum number of vehicles put into service in each Member State under the procedure laid down in Article 16(2)
shall be restricted in one of the following ways to be chosen by the Member State:

either

(a) the maximum number of vehicles of one or more types may not exceed 10 % of the vehicles of all types concerned
put into service in that Member State during the previous year. Should 10 % be less than 100 vehicles, then the
Member State may allow the putting into service of a maximum of 100 vehicles, or

(b) the number of vehicles of any one type shall be restricted to those for which a valid certificate of conformity was
issued on or after the date of manufacture and which remained valid for at least three months after its date of issue
but subsequently lost its validity because of coming into force of a separate directive.

A special entry shall be made on the certificate of conformity of the vehicles put into service under this procedure.

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ANNEX IX

CORRELATION TABLE PROVIDED FOR IN ARTICLE 19

Directive 92/61/EEC

This Directive

CHAPTER I

Article 1

Article 2

CHAPTER II

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9(1)

Article 9(2)

Article 9(3)

(cid:151)

Article 9(4)

Article 10

Article 11

Article 12

Article 13

Article 14

CHAPTER III

Article 15

(cid:151)

CHAPTER IV

Article 16

Article 17

(cid:151)

(cid:151)

CHAPTER V

Article 18

(cid:151)

(cid:151)

(cid:151)

Article 19

ANNEX I

ANNEX II

ANNEX III

ANNEX IV

ANNEX V

ANNEX VI

(cid:151)

(cid:151)

(cid:151)

(cid:151)

CHAPTER I

Article 1

Article 2

CHAPTER II

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9(1)

Article 9(2)

Article 9(3)

Article 9(4)

Article 9(5)

Article 10

Article 11

Article 12

Article 13

Article 14

CHAPTER III

Article 15

Article 16

CHAPTER IV

Article 17

(cid:151)

Article 18

Article 19

CHAPTER V

Article 20

Article 21

Article 22

Article 23

Article 24

ANNEX I

ANNEX II

ANNEX III

ANNEX IV

ANNEX V

ANNEX VI

ANNEX VI

ANNEX VII

ANNEX VIII

ANNEX IX

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STATEMENT OF THE COUNCIL’S REASONS

I. INTRODUCTION

1. On 25 June 1999, the Commission submitted a proposal (1) based on Article 95 of the Treaty.

2. The Economic and Social Committee delivered its opinion (2) on 21 October 1999.

3. The European Parliament adopted its opinion (3) at first reading on 27 October 1999, approving

the proposal without amendments.

4. On 29 October 2001, the Council adopted its Common Position in accordance with Article 251 of

the Treaty.

II. OBJECTIVE

5. The proposal aims to ensure the effective operation of whole-vehicle type-approval for two and
three-wheel motor vehicles across the internal market. The proposed Directive clarifies certain
type-approvals, and introduces
requirements,
harmonised provisions in the field of administration and documentation. It also caters for new
areas, such as end-of-series vehicles and new technologies.

including the length of validity of national

III. ANALYSIS OF THE COMMON POSITION

6. The proposal has been examined by the Council under several Presidencies and it has undergone
some modifications which, however, do not change its overall orientation. The main changes are as
follows:

7. The Council has amended the provisions concerning the comitology procedure in the light of

Council Decision 1999/468/EC (recital 6 and Article 18).

8. The Council has clarified the definition of electrically assisted bicycles (Article 1(1) (2)(h)).

The Council has modified the categories defining different classes of two and three-wheel vehicle.
(Article 1(2) and (3)). The new text accommodates two-wheel mopeds fitted with an electric motor
and three-wheel mopeds equipped with an electric motor or a diesel engine. A system of codes has
also been introduced for administrative purposes (see also Annex II,
Information Document,
footnote (c)).

9. The definitions of type of vehicle, variant and version have been clarified (Article 2(1) (2) and (3)).
In order to align the text with the framework motor vehicle legislation laid down in Directive
70/156/EEC, the concept of a system has been added (Article 2(4)).

10. A new provision has been added allowing Member States to refuse to grant type-approval on safety

grounds (Article 4(6)).

11. The administrative provisions concerning type-approval numbers have been adjusted (Article 8 and

Annex V).

(1) OJ C 307 E, 26.10.1999, p. 1.
(2) OJ C 368, 20.12.1999, p. 1.
(3) OJ C 154, 5.6. 2000, p. 23.

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12. Provisions were added allowing Member States to use national code systems to facilitate regis-

tration and taxation pending further harmonisation in these fields (Article 22).

13. A new column was added to the table listing requirements for the purpose of vehicle type-
in order to point users to the separate directives that regulate certain aspects of

approval,
vehicle design (Annex I).

14. To ensure that complete information is provided to the type-approval authorities, a list of separate

directive approval numbers was added to the Information Document (Annex II, Part 2).

15. Letter codes were introduced in the certificate of conformity to facilitate the use of computerised

documentation systems (Annex IV, footnotes).

16. A large number of small technical adjustments and clarifications were also introduced to the text.

IV. CONCLUSION

17. The Council considers that by approving the bulk of the Commission proposal while also intro-
ducing a large number of detailed amendments it has arrived at a practicable solution which
addresses the needs arising from new technologies and ensures a high level of road safety.