Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendment to the Council's common position regarding 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 amending the proposal of the Commission pursuant to Article 250(2) of the EC Treaty
Date: 2003-09-12
Institutions: European Commission
Subjects: approximation of laws, common transport policy, road safety, safety device, vehicle

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.9.2003
COM(2003) 547 final

2001/0317 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendment
to the Council's common position regarding 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

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250(2) of the EC Treaty

2001/0317 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendment
to the Council's common position regarding 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

(Text with EEA relevance)

1.

INTRODUCTION

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second
reading.  The  Commission sets out  its  opinion  below  on  the  one  amendment  adopted  by  the
Parliament.

2.

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BACKGROUND

On 7 January 2002, the  Commission transmitted  to the European  Parliament and  to
the Council its proposal for a Directive [COM(2001)811 final - 2001/0317 (COD)].

The  European  Economic  and  Social  Committee  delivered  an  opinion  on
24 April 2002.

In first reading on 9 April 2002 the European Parliament accepted the Commission
proposal without amendments according to the simplified procedure.

The Council adopted its Common Position on 7 April 2003.

The Commission made the following declaration in the Council:

“The Commission regrets that the transition period of thirty-six months prior to
the mandatory application of the requirements relating to the type-approval of
mirrors  and  supplementary  devices  for  indirect  vision  does  not  cover  all
categories  of  new  vehicles  and  components  and  that  a  transitional  period  of
seventy-two months was chosen by the Council for passenger cars, light vans
and their components.”

On  8 April 2003,  the  Commission  adopted  its  Communication  to  the  European
Parliament on the Council's Common Position, pursuant to the second subparagraph
of Article 251(2) of the Treaty.

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3.

On 1 July 2003 the European Parliament adopted, at the second reading, a resolution
containing 1 amendment to the Common Position.

PURPOSE OF THE PROPOSAL

The  proposal  aims  to  improve  road  user  safety  by  upgrading  the  performance  of  rear  view
mirrors  and  accelerating  the  introduction  of  new  technologies  that  increase  the  field  of
indirect vision for drivers of passenger cars, buses and lorries. As many severe road accidents
at  crossings,  junctions  or  roundabouts  are  caused  by  vehicle  drivers  who  are  unaware  that
other road users are very close to or already beside their vehicles.

“Blind  spot”  accidents  often  happen  when  vehicles  are  changing  direction.  When  larger
vehicles  such  as  trucks  or  buses  are  involved,  these  accidents  frequently  lead  to  serious
injuries  or  even  fatalities  of  vulnerable  road  users  like  pedestrians,  cyclists  or  drivers  of
smaller motor cycles. This proposal, based on studies and research that the Commission has
discussed with Member States, industry and other interested parties, would add specific blind
spot reduction requirements to the existing Directive on rear-view mirrors, as last amended in
1988. The key changes would entail:

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Mounting additional mirrors on certain vehicles (front mirrors on trucks, exterior rear
view  mirrors  on  the  passenger’s  side  of  cars,  aspherical  mirrors  on  passenger  cars
and small commercial vehicles);

Upgrading  technical  characteristics  of  mirrors  (e.g.  curvature  of  the  surface  now
1 200 mm  instead  of  1 800 mm  for  main  rear  view  mirrors)  in  line  with  technical
progress;

Replacing certain mirrors with other indirect vision systems, such as camera/monitor
systems.

This proposal introduces for the first time mandatory harmonised requirements for the type-
approval  of  mirrors  and  systems  for  indirect  vision  for  larger  motor  vehicles  within  the
European Union.

4.

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT

The European Parliament adopted one amendment to the Common Position of the Council at
the second reading.

The Amendment concerns the introduction of a new paragraph 7a in Article 2, requesting the
Commission  to  submit  a  proposal  to  the  United  Nations  Economic  Committee  for  Europe
with  the  aim  to  align  the  provisions  of  UN/ECE  Regulation  46  with  the  provisions  of  this
Directive.

The  Commission  can  accept  this  amendment  since  it  is  in  its  own  interest  to  contribute  to
establishing  a  high  level  of  protection  in  the  context  of  the  international  harmonisation  of
legislation by submitting a proposal to the UN/ECE as soon as possible after the adoption of
this Directive.

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CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out
above.

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