Common Position (EC) No 49/2002 of 20 June 2002 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 amending Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community
Date: 2002-06-25
Institutions: Council of the European Union
Subjects: commercial vehicle, motor vehicle, road safety, road transport, safety device, speed control, vehicle parts

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COMMON POSITION (EC) No 49/2002

adopted by the Council on 25 June 2002

with a view to adopting Directive 2002/. . ./EC of the European Parliament and of the Council . . .
amending Council Directive 92/6/EEC on the installation and use of speed limitation devices for
certain categories of motor vehicles in the Community

(2002/C 228 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 71 thereof,

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

Having regard to the opinion of the Economic and Social
Committee (2),

Following consultation of the Committee of the Regions,

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

(5) The scope of Directive 92/6/EEC should be extended to
motor vehicles of category M2, to vehicles of category
M3 having a maximum mass of more than 5 tonnes but
not exceeding 10 tonnes and to vehicles of category N2.

(6) Since the objectives of the proposed action, namely the
introduction of modifications
to the Community-wide
arrangements for the installation and use of speed limi-
tation devices on certain heavy vehicle categories, cannot
be sufficiently achieved by the Member States and can
therefore, by reason of the scale or effects of the action,
be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of
In
subsidiarity as set out
accordance with the principle of proportionality, as set
out
this Directive does not go beyond
what is necessary to achieve those objectives.

in Article 5 of

in that Article,

the Treaty.

Whereas:

(7) Directive

92/6/EEC

should

therefore

be

amended

accordingly,

(1) Transport safety and environmental issues connected with

HAVE ADOPTED THIS DIRECTIVE:

transport are vital in ensuring sustainable mobility.

(2) The use of speed limitation devices for heaviest motor
categories has had a positive effect on the
It has also contributed to

vehicle
improvement of road safety.
environmental protection.

Article 1

Directive 92/6/EEC is hereby amended as follows:

(3) Council Directive 92/6/EEC (4) provides that, depending on
technical possibilities and experiences in Member States,
the requirements on installation and use of speed limitation
devices could subsequently be extended to light goods
vehicles.

(4) The extension of

the scope of Directive 92/6/EEC to
vehicles of more than 3,5 tonnes designed for transporting
goods or passengers was one of the measures advocated by
in its resolution of 26 June 2000 on the
the Council
improvement of road safety (5),
in accordance with the
Commission communication of 20 March 2000 on
priorities in EU road safety.

(1) OJ C 270 E, 25.9.2001, p. 77.
(2) OJ C 48, 21.2.2002, p. 47.
(3) Opinion of the European Parliament of 7 February 2002 (not yet
published in the Official
Journal), Council Common Position of
25 June 2002 and Decision of the European Parliament of . . .
(not yet published in the Official Journal).

(4) OJ L 57, 2.3.1992, p. 27.
(5) OJ C 218, 31.7.2000, p. 1.

1. Articles 1 to 5 shall be replaced by the following:

‘Article 1

For the purposes of this Directive, “motor vehicle” means
any power-driven vehicle falling within category M2, M3,
N2 or N3, intended for use on the road and having at least
four wheels and a maximum design speed exceeding
25 km/h.

Categories M2, M3, N2 and N3 shall be understood to be
those defined in Annex II to Directive 70/156/EEC (1).

Article 2

Member States shall take the necessary measures to ensure
that motor vehicles of categories M2 and M3 referred to in
Article 1 may be used on the road only if equipped with a
speed limitation device set in such a way that their speed
cannot exceed 100 kilometres per hour.

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registered before . . . (*) with a
Category M3 vehicles
maximum mass exceeding 10 tonnes may continue to be
equipped with devices on which the maximum speed is set
at 100 kilometres per hour.

Article 3

1. Member States shall take the necessary measures to
ensure that motor vehicles of categories N2 and N3 may
be used on the road only if equipped with a speed limi-
tation device set in such a way that their speed cannot
exceed 90 kilometres per hour.

2. Member States shall be authorised to require that the
registered in their
speed limitation device in vehicles
territory
transport of
the
for
dangerous goods is set in such a way that those vehicles
cannot exceed a maximum speed of less than 90 kilometres
per hour.

and used exclusively

Article 4

1.
For motor vehicles of category M3 having a maximum
mass of more than 10 tonnes and motor vehicles of
category N3, Articles 2 and 3 shall be applied:

(a) to vehicles registered as from 1 January 1994, from

1 January 1994;

(b) to vehicles registered between 1 January 1988 and

1 January 1994:

(i) from 1 January 1995, in the case of vehicles used

for both national and international transport;

(ii) from 1 January 1996, in the case of vehicles used

exclusively for national transport.

2.
For motor vehicles of category M2, vehicles of
category M3 having a maximum mass of more than 5
tonnes but not exceeding 10 tonnes and vehicles of
category N2, Articles 2 and 3 shall apply at the latest:

(ii) from . . . (***) in the case of vehicles used solely for

national transport operations.

3.
For a period of no more than three years from . . . (*),
from the provisions of
any Member State may exempt
Articles 2 and 3 category M2 vehicles and category N2
vehicles with a maximum mass of more than 3,5 tonnes
but not exceeding 7,5 tonnes, registered in the national
register and not
travelling on the territory of another
Member State.

Article 5

1.
The speed limitation devices referred to in Articles 2
and 3 must satisfy the technical requirements laid down in
the Annex to Directive 92/24/EEC (3). However, all vehicles
covered by this Directive and registered before . . . (*) may
continue to be equipped with speed limitation devices
which satisfy the technical requirements laid down by the
competent national authorities.

Speed

2.
workshops or bodies approved by the Member States.

limitation devices

shall be

installed by

___________
(1) 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 (OJ L 42, 23.2.1970, p. 1). Directive as
last amended by Commission Directive 2001/116/EC
(OJ L 18, 21.1.2002, p. 1).

(2) Council Directive 88/77/EEC of 3 December 1987 on
the approximation of the laws of the Member States
relating to the measures
the
emission of gaseous pollutants from diesel engines for
use in vehicles (OJ L 36, 9.2.1988, p. 33). Directive as
last amended by Commission Directive 2001/27/EC (OJ
L 107, 18.4.2001, p. 10).

to be taken against

(3) Council Directive 92/24/EEC of 31 March 1992 relating
to speed limitation devices or similar speed limitation
on-board systems of
certain categories of motor
vehicles (OJ L 129, 14.5.1992, p. 154).’

2. The following Article shall be inserted:

(a) to vehicles registered as from . . . (*), from . . . (*);

‘Article 6a

(b) to vehicles complying with the limit values set out in
Directive 88/77/EEC (2) registered between 1 October
2001 and . . . (*):

(i) from . . . (**) in the case of vehicles used for both
national and international transport operations;

(*) The first day of the month following the end of the second year

after Directive 2002/. . ./EC enters into force.

As part of the road safety action programme for the period
2002 to 2010, the Commission shall assess the road safety
and road traffic implications of adjusting the speed limi-
tation devices used by category M2 vehicles and by
category N2 vehicles with a maximum mass of 7,5 tonnes
or less to the speeds laid down by this Directive.

If necessary,
proposals.’

the Commission shall

submit appropriate

(**) The first day of the month following the end of the third year

(***) The first day of the month following the end of the fourth year

after Directive 2002/. . ./EC enters into force.

after Directive 2002/. . ./EC enters into force.

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Article 2

Article 4

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

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

This Directive is addressed to the Member States.

Done at . . .

Article 3

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

For the European Parliament

The President

For the Council

The President

(*) The first day of the month following the end of the second year

after this Directive enters into force.

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STATEMENT OF THE COUNCIL'S REASONS

INTRODUCTION

On 14 June 2001, the Commission submitted a proposal (1) amending Council Directive 92/6/EEC (2) on
the installation and use of speed limitation devices for certain categories of motor vehicles in the
Community. In the framework of the codecision procedure (Article 251/EC) the Council reached on
25 June 2002 a common position on this proposal.

In taking its position, the Council took account of the opinion of the European Parliament in its first
reading on 7 February 2002 (3).

The Economic and Social Committee delivered its opinion on 28 November 2001 (4). The Committee of
the Regions decided not to deliver an opinion (5).

The proposal is a follow-up initiative by the Commission to its communication on road safety of March
2000 and the positive reception by the European Parliament and the Council in their respective resolutions
who identified speed limitation devices as one of the most cost-effective measures for road safety. Against
this background, the Commission submitted the aforementioned proposal for a Directive, together with a
report on the implementation of Directive 92/6/EEC.

In its report, the Commission states that an analysis of the effects of using speed limitation devices was,
generally speaking, very positive as regards improvement of road safety and protection of the environment.

The Commission therefore proposed extending the scope of Directive 92/6/EEC to category M2 motor
vehicles, to category M3 vehicles with a maximum mass in excess of 5 tonnes but not exceeding 10
tonnes, and to category N2 vehicles.

ANALYSIS OF THE COMMON POSITION

In its resolution of 26 June 2000 on the improvement of road safety, the Council considered that it was
essential to achieve progress, inter alia, on a series of legislative measures, including the extension of the
scope of Directive 92/6/EEC on speed limitation devices to goods or passenger vehicles weighing over 3,5
tonnes taking into account
the evaluation report by the Commission on the experience gained in
implementing that directive. Against the background of this resolution, and in light of the findings of
the Commission's evaluation, the Council fully supports the overall thrust of the proposal, i.e. to extend
the scope of application of Directive 92/6/EEC to category M2 motor vehicles, to category M3 vehicles
with a maximum mass in excess of 5 tonnes but not exceeding 10 tonnes, and to category N2 vehicles.

Nevertheless, the Council in adopting its Common Position decided on a number of modifications towards
the Commission proposal which can be summarised as follows;

— the setting of the speed limitation devices has been harmonised for all vehicles falling within the scope
of the directive; hence, the speed limitation devices for all motor vehicles of categories M2, M3, N2 and
N3 should be set in a way that the speed of the vehicle cannot exceed the maximum speeds of
100 km/h for the M2 and M3 categories and 90 km/h for N2 and N3 vehicles,

— the Directive should be applied two years after its entry into force, rather than on 1 January 2004,

(1) OJ C 270 E, 25.9.2001, p. 77.
(2) OJ L 57, 2.3.1992, p. 27.
(3) Not yet published in the Official Journal.
(4) OJ C 48, 21.2.2002, p. 47.
(5) Letter of 30 October 2001.

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— the ‘retrofitting’ of vehicles is being limited to vehicles complying with the limit values set out in

Directive 88/77/EEC (EURO 3 emission norms) registered as from 1 October 2001,

— Member States may, for a period of no more than three years following the deadline for transposing
the Directive into national law, exempt vehicles of category M2 and N2 with a maximum mass of
more than 3,5 tonnes but not exceeding 7,5 tonnes inasmuch as these vehicles are registered in their
territory and do not travel on the territory of another Member State,

— the Commission has also been requested to assess, as part of the road safety action programme for the
period 2002 to 2010, the road safety and road traffic implications of adjusting the limitation devices
used by category M2 vehicles and by category N2 vehicles with a maximum mass of 7,5 tonnes or less
to the speeds laid down by the Directive. According to its initiative rights, the Commission shall submit
appropriate proposals,

— the Member States are also allowed to require that speed limitation devices in vehicles N2 and N3
registered in their territory and for the exclusive use of dangerous goods can be set in such a way that
those vehicles cannot exceed a maximum speed of less than 90 km/h.

The Council's Common Position also includes, as to their substance, the large majority of amendments
adopted by the European Parliament in its first reading of the proposal. In this context one should in
particular mention the following amendments which the Council accepted:

— Amendment 4 on the possibility that Member States may require speed limitation devices to be set, in
vehicles N2 and N3 registered in their territory, at maximum speeds of less than 90 km/h for the
exclusive transport of dangerous goods,

— Amendment 5 on the dates of application of the Directive for the different categories of vehicles whilst
making a distinction between national and international transport (accepted with changes in dates),

— Amendment 6 on the possibility for Member States to grant a temporary exemption, for a period of no
longer than three years following the deadline for the transposition of the directive in national law, for
vehicles M2 and N2 registered on their territory and having a weight of more than 3,5 tonnes but less
than 7,5 tonnes. However, the Council added the condition that the transport in question can only
occur in the territory of a Member State.

The Council rejected Amendments 1, 2 and 3: the editorial improvements sought by these amendments
are no longer necessary in view of the thrust of the Council's Common Position. Furthermore, the Council
could not accept Parliament's Amendment 8. The possibility of exceeding the maximum speed on a strictly
time-limited basis for overtaking slow vehicles — the desirability and the technical feasibility of which the
Commission is invited to review in virtue of this amendment — would pose problems in its practical
application and is deemed to be incompatible with the overall principles and concepts underlying Council's
Common Position.