Opinion of the Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the type-approval of mirrors and supplementary systems for indirect vision and of vehicles equipped with these devices and amending Directive 70/156/EEC" (COM(2001) 811 final — 2001/0317 (COD))
Date: 2002-04-24
Institutions: European Economic and Social Committee
Subjects: approximation of laws, harmonisation of standards, member country, motor vehicle, safety device

21.6.2002

EN

Official Journal of the European Communities

C 149/5

Opinion of the Economic and Social Committee on the ‘Proposal for a Directive of the European
Parliament and of the Council on the approximation of the laws of the Member States relating to
the type-approval of mirrors and supplementary systems for indirect vision and of vehicles
equipped with these devices and amending Directive 70/156/EEC’

(COM(2001) 811 final — 2001/0317 (COD))

(2002/C 149/02)

On 21 March 2002 the Council decided to consult the Economic and Social Committee, under Article 95
of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing
the Committee’s work on the subject, adopted its opinion on 8 April 2002. The rapporteur was
Mr Colombo.

At its 390th plenary session (meeting of 24 April 2002), the Economic and Social Committee adopted
the following opinion by 94 votes to none with two abstentions.

1. Content of the proposal

2. Objectives of the proposal

The purpose of the draft directive is to introduce
1.1.
harmonised requirements for rear-view mirrors and sup-
plementary systems for vehicles of categories M (vehicles for
the carriage of passengers) and N (vehicles for the carriage of
goods).

2.1.
The aim is clearly to harmonise the various approaches
adopted by individual Member States and to introduce uniform
requirements applicable throughout the European Union. It is
therefore proposed to repeal Directive 71/127/EEC two years
after the draft directive comes into force.

1.2.
The proposal amends and replaces Directive 71/127/
EEC (1) of 1 March 1971, adopted as one of the separate
directives under the EC type-approval procedure established
by Directive 70/156/EEC (2) on the approximation of the laws
of the Member States relating to the type-approval of motor
vehicles and their trailers.

1.3.
Article 95 of the EC Treaty is the legal basis. While
partly maintaining the original structure of Directive 71/127/
EEC, its content is altered significantly.

1.4.
The proposal sets out to reduce the risks arising from
incomplete vision to the side and rear of the vehicle, by
increasing the field of vision through innovative vehicle
component features and the introduction of new technologies.
The aim is to improve the safety of road users.

The most significant aspect

1.5.
is to make the type-
approval system under Directive 71/127/EC mandatory rather
than voluntary for all light and heavy vehicles covered by the
modification.

(1) OJ L 68, 1.3.1971.
(2) OJ L 42, 23.2.1970.

2.2.
The main areas of change, other than making the
directive mandatory, are the mounting of additional mirrors
and modification of certain of their characteristics in order to
extend the field of indirect vision, together with the possibility
of replacing current mirrors with camera/monitor systems.

3. General comments

3.1.
In assessing the text proposed by the Commission, the
Committee’s starting point has been that the safety issue
prevails over possible problems in implementing the planned
new elements.

The Committee supports the general thrust of the
3.1.1.
proposal:
it has always welcomed legislative measures to
improve safety standards which, as well as protecting vehicles,
focus specifically on the safety of the most vulnerable users
(pedestrians, cyclists, motorcyclists, etc.).

The Committee considers that although it entails
3.1.2.
some technical problems, which will be discussed in the
general and specific comments below, the shift from the
‘voluntary’ arrangements under Directive 71/127/EEC to the
is an
‘mandatory’ approach under the present proposal
important factor for progressive harmonisation of the require-
ments governing type-approval systems.

C 149/6

EN

Official Journal of the European Communities

21.6.2002

3.1.3.
Full implementation of the proposal will introduce
into the EU mandatory requirements and quality standards for
indirect vision systems for motor vehicles of categories M and
N. This comes in advance of the framework directive on the
entire field of goods vehicles, currently under discussion by
the Commission, which should do away with the arrangements
under which the Member States are entitled to maintain their
own regulations.

The Committee regrets that

3.1.4.
the draft proposal’s
economic evaluation is incomplete, in that there is no mention
of the necessary impact assessment regarding the introduction
of additional mirrors.

4. Specific comments

4.1.

Implementation deadlines

For the reasons set out above, the Committee is
4.1.1.
concerned that
the planned dates for implementing the
proposal may be too tight, failing to allow for the technical
difficulties which vary in line with the complexity of the
devices which are to be fitted.

4.1.2. More specifically, while the timescales laid down in
Article 2(1) and (2) seem appropriate, the implementation
deadline for newly-registered vehicles (first registration) under
Article 2(3) could be too tight.

5.2.
The Committee realises that seeking to eliminate this
negative factor may involve some technical difficulties relating,
for example, to distorted vision, but welcomes the general
introduction of all devices which can provide greater safety.

5.3.
The Committee believes that the difficulty in using
aspherical mirrors hinges largely upon the need for users to
adapt to them. Adaptation will however be facilitated by the
process of compulsory and universal uniformisation of such
devices.

The Committee hopes that the safety systems set out
5.4.
in the directive will also be fitted to vehicles which are not
subject to Community legislation, but which use roads within
the Union’s territory.

6. Annex III — applicability to vehicles of category M1

6.1.
The new fields for main rear-view mirrors Class III, set
out in point 5.3 of Annex III, require road-level vision for
mirrors on both the driver’s and the passenger’s side of four
metres from the ocular points.

6.2. While the Committee acknowledges that obtaining this
field of vision will require increasing mirror size, with some
loss of aerodynamic performance, it nevertheless favours the
introduction of such devices, which it considers to represent a
significant factor in increasing the safety of the most vulnerable
road users.

5. Annex II — aspherical mirrors

7. Conclusions

5.1.
Points 3.1 and 3.3.3 of Annex II stipulate that an
additional aspherical mirror must be fitted to the driver and
passenger sides of M1 and N1 category vehicles in order to
eliminate blind spots.

7.1.
The Committee supports and approves the general
thrust of the proposal, subject to the comments made. It also
hopes that the planned framework directive on type-approval
of goods vehicles will come into being soon, providing a key
element at Community level for type-approvals in the sector.

Brussels, 24 April 2002.

The President

of the Economic and Social Committee

Göke FRERICHS