Amended proposal for a Directive of the European Parliament and of the Council on the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Recast version) (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2004-10-29
Institutions: European Commission
Subjects: approximation of laws, commercial vehicle, motor vehicle, technical regulations, technical standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.10.2004 
COM(2004) 738 final 

2003/0153 (COD) 

. 

Amended proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the approval of motor vehicles and their trailers, and of systems, components 
and separate technical units intended for such vehicles 

(Recast version) 

(presented by the Commission pursuant to  
Article 250 (2) of the EC Treaty) 

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2003/0153 (COD) 

Amended proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the approval of motor vehicles and their trailers, and of systems, components 
and separate technical units intended for such vehicles 

(Recast version) 

(Text with EEA relevance) 

1. 

HISTORY OF THE PROPOSAL 

Commission’s adoption of the proposal :  

14 July 2003 

Transmission of the proposal to the European Parliament and 
to the Council 
COM(2003)418 – 2003/0153 (COD) – C5-0320/2003 in 
accordance with Article 95 of the EC Treaty : 

14 July 2003 

Opinion of the European Parliament – 1st Reading : 

11 February 2004 

Opinion of the European Economic and Social Committee : 

28 January 2004 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

This proposal constitutes the second and last stage of the recasting of the framework 
Directive  70/156/EEC 1  on  the  approximation  of  the  laws  of  the  Member  States 
relating to the type-approval of motor vehicles and their trailers. The first stage of the 
recasting, which consisted of the codification of the technical annexes, was achieved 
by the adoption of Commission Directive 2001/116/EC 2. The second stage consists 
of the recasting of the enacting part of the directive. 

Since  1970,  Directive  70/156/EEC  has  been  the  main  legal  instrument  at  the 
disposition  of  the  European  Community  to  implement  the  single  market  in  the 
automotive  sector.  Under  Directives  92/53/EEC 3,  2002/24/EC 4  and  2003/37/EC 5, 

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2 

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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 of 23.2.1970, p. 1. 
Commission  Directive  2001/116/EC  of  20  December  2001  adapting  to  technical  progress  Council 
Directive 70/156/EEC – OJ° L 018 of 21.1.2002, p. 1. 
Council  Directive  92/53/EEC  of  18 
OJ L 225 of 10.8.1992, p. 1. 
Directive  2002/24/CE  of  the  European  Parliament  and  of  the  Council  of  18  March  2002  relating  to 
the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC – 
OJ L 124 of 9.5.2002, p. 1. 

amending  Directive  70/156/CEE 

June  1992 

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the single market has been established for all vehicle categories , with the exception 
of commercial vehicles, including buses and coaches. 

In  the  frame  of  this  recasting,  the  Commission  is  proposing  to  extend  to  those 
vehicles the principles of the Community approval. From the date of entry into force 
of  the  Directive  (scheduled  for  1st  January  2006),  a  manufacturer  will  be  able  to 
apply  for  one  Community  approval  instead  of  the  25  national  approvals  currently 
required. From a later date, he will have to put on the market only vehicles built in 
conformity with the Community technical provisions. 

Independently from these technical aspects, the proposal for a Directive includes the 
necessary provisions regarding the introduction of a new legislative approach aiming 
to ease the adoption of technical requirements in the automotive sector.  

3. 

COMMISSION OPINION ON THE AMENDMENTS ADOPTED BY THE PARLIAMENT 

During its session from 9 to 12 February 2004,  the European  Parliament adopted a 
resolution (P5_TA-PROV(2004) 0087) based on the Report A5-0025/2004 prepared 
by Mr. Giuseppe GARGANI, containing 34 amendments.  

3.1. 

Amendment accepted by the Commission (Amendment 20 - Article 41(2)) 

In the initial proposal, the Member States were invited to report to the Commission 
concerning the practical application of the EC type-approval before 1st April 2007. 
By means of Amendment 20, the Parliament wishes that the Commission produces a 
report of the gathered information and communicates it to the Parliament and to the 
Council by 1 October 2007. 

3.2. 

Amendments  partially  accepted  or  accepted  in  principle  by  the  Commission 
(Amendments 3, 6, 7, 8, 9, 10, 12, 21, 22) 

3.2.1.  Amendment 3 - Article 2(2) and (3) 

By  means  of  Amendment 3,  the  Parliament  wishes  to  permit  the  type-approval  or 
individual  approval  of  special  vehicles  on  an  optional  basis.  The  Commission  can 
accept  only  partially  Amendment 3.  The  Commission  believes  that  special  vehicles 
can only be granted individual approvals for the reason that there exists no specific 
separate  directive  covering  those  categories  of  vehicles  (this  is  truly  the  case  for 
armoured vehicles intended for the army or tracked vehicles). The Commission can 
accept Amendment 3, subject to the following redrafting of paragraph 3: 

(3) Individual approval under this Directive is optional for the following vehicles  

a) vehicles designed and constructed for use principally on construction sites or in 
quarries, port or airport facilities; 

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Directive 2003/37/CE of the European Parliament and of the Council of 26 May 2003 on type-approval 
of  agricultural  or  forestry  tractors,  their  trailers  and  interchangeable  towed  machinery,  together  with 
their  systems,  components  and  separate  technical  units  and  repealing  Directive  74/150/EEC  - 
OJ L 171 of 9.7.2003, p. 1. 

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b) armoured vehicles designed and constructed for use by the army, civil defence and 
forces responsible for maintaining public order; 

c) mobile machinery; 

d) tracked vehicles; 

e) vehicles intended exclusively for racing on roads; 

f) prototypes of vehicles used on the road under the responsibility of a manufacturer 
to perform a specific test programme. 

3.2.2.  Amendment 6 – Article 17(8) 

The  Commission  acknowledges  that  the  identification  of  end-of-series  vehicles  by 
means of the certificate of conformity would create a number of practical issues. It 
agrees  therefore  with  the  deletion  of  the  first  subparagraph  of  Article 17(8). 
However, the Commission considers that the number of vehicles which benefit from 
the ‘end-of-series’ provisions must be effectively monitored by the Member States, 
therefore, 
the  second  subparagraph  of 
paragraph 8.  In  order  to  ensure  the  consistency  of  the  whole  text,  the  second 
subparagraph has been redrafted and moved to Article 26. 

the  Commission  wants 

to  maintain 

Amendment 6 is redrafted as follows : 

New Article 26(5) 

“ The Member States shall apply appropriate measures to ensure that the number of 
vehicles to be registered or put into service in the framework of the procedure under 
paragraphs 1 to 4 is effectively monitored ”. 

3.2.3.  Amendment 7 – Article 22(3) 

Article 22(2)  aims  to  allow  Member  States  to  lay  down  specific  provisions  with 
respect  to  national  type-approval  of  vehicles  produced  in  small  series.  The 
Commission  in  its  initial  proposal  requested  that  national  provisions  laid  down  in 
application  of  Article  22  could  not  be  prejudicial  to  the  main  orientations  taken  by 
the Community. Amendment 7 has, as objective, to restrict these orientations to the 
road  safety  and  protection  of  the  environment  aspects.  The  Commission,  while 
agreeing with the Parliament’s views, believes that a level of ‘satisfactory’ protection 
cannot  be  assessed  objectively,  and  therefore  proposes  to  replace  it  by  the  word 
‘equivalent’.  The  Commission  can  accept  Amendment 7  subject  to  the  following 
redrafting : 

“ (3) A waiver pursuant to paragraph 1 shall only be granted where an equivalent 
level of protection of road safety and the environment is provided. ” 

3.2.4.  Amendment 8 – Article 22(5a) 

Through Amendment 8, the Parliament wishes to establish the conditions of a mutual 
recognition of the national approvals granted  by a Member State. The Commission 
agrees  to  specify  these  conditions  in  Article 22.  The  Commission  can  accept  this 

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amendment subject to the following redrafting, aiming to better reflect the substance 
of Articles 28 and 30 of the EC Treaty : 

Insert a new Article 22(6) 

“ With  regard  to  a  vehicle  which  has  been  type-approved  by  a  Member  State  in 
accordance with the provisions of this Article, another Member State may not refuse 
its  registration,  or  prohibit  its  sale  or  entry  into  service,  unless  that  Member  State 
can prove that, despite the documentation supplied by the manufacturer, the vehicle 
constitutes a risk to public health, in particular with regard to road safety, or to the 
environment. ” 

3.2.5.  Amendment 9 – Article 23(1) 

The Commission can accept in principle Amendment 9 in so far as a unique vehicle 
would  also  be  covered  by  an  individual  approval  even  if  it  complies  with  all  the 
provisions of the Community legislation. The Commission can accept Amendment 9 
subject to its redrafting as follows : 

Insert a new Article 23(4) 

“ At the request of the manufacturer or of the owner of the vehicle, Member States 
shall grant an individual approval to a vehicle which complies with the provisions of 
this Directive and with the regulatory acts listed in Annex IV or XI. ” 

3.2.6.  Amendment 10 – Article 23(1) 

Amendment 10  is  similar  to  Amendment 9  and  can  be  accepted  in  principle,  with 
respect to the coverage of vehicles that are really unique. However, the Commission 
believes  that  a  ‘satisfactory’  level  cannot  be  assessed  objectively  and  therefore 
proposes  to  replace  it  by  the  word  ‘equivalent’.  The  Commission  can  accept 
Amendment 10, subject to the following redrafting : 

“ (1)  Member States  may exempt a particular vehicle, whether unique or not, from 
compliance with one or more of the provisions of this Directive or with one or more 
of the regulatory acts listed in Annex IV or XI, provided that they impose comparable 
national requirements based on those measures which ensure an equivalent level of 
environmental protection and road safety. ” 

As a result of this modification, the definition of ‘individual approval’ in Article 3(5) 
(ex 4) 6 is adapted accordingly: 

“(5)  ‘individual  approval’  means  the  procedure  whereby  a  Member  State  certifies 
that a particular vehicle, whether unique or not, satisfies the relevant administrative 
provisions and technical requirements;” 

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See also amendments included in point 6.2. 3. 

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3.2.7.  Amendment 12 – Article 23(2) 

Amendment 12  has  the  objective  to  establish  the  conditions  for  the  mutual 
recognition  of  individual  approvals  granted  by  a  Member  State.  The  Commission 
agrees  that  it  is  appropriate  to  specify  these  conditions  in  Article 23,  subject  to  the 
following  redrafting  aiming  to better  reflect the principles laid down in Articles 28 
and 30 of the EC Treaty : 

Insert a new Article 23(5) 

“ With  regard  to  a  vehicle  which  has  been  granted  an  individual  approval  by  a 
Member  State  in  accordance  with  the  provisions  of  this  Article,  another  Member 
State may not refuse its registration, or prohibit its sale or entry into service, unless 
that  Member  State  can  prove  that,  despite  the  documentation  supplied  by  the 
applicant, the vehicle constitutes a risk to public health, in particular with regard to 
road safety or to the environment. ” 

3.2.8.  Amendments 21 and 22 – Annex XII, Tables A1 and A2  

The Commission can accept in principle Amendments 21 and 22 relating to vehicles 
produced in small series. However, the Commission believes that the simplification 
of the administrative procedure and the simplification of the tests to be undergone, in 
case  of  small  series  type-approval,  should  be  restricted  to  manufacturers  which 
produce mainly small series vehicles. Consequently, the Commission does not want 
to extend the limits for small series beyond what is really necessary to favour SME’s. 
The  Commission  can  accept  Amendments  21  and  22  subject  to  the  following 
changes : 

Annex XII Table A1 : 

1000 

Annex XII Table A2 : 

75 

3.3. 

Amendments rejected by the Commission (Amendments 1, 2, 4, 5, 11, 13, 14, 15, 
16, 17, 18, 19, 23 to 34) 

3.3.1.  Amendment 1 – New recital 10a 

With this new Recital, the Parliament wishes to establish a link with the legislative 
work  pursued  in  WP.29  in  Geneva.  However,  Amendment  1  relates  to  provisions 
which  are  already  laid  down  in  Council  Decision  97/836/EC 7.  It  is  therefore  not 
necessary to include such a new recital in this Directive. 

3.3.2.  Amendments 2, 5, 17, 18 – New Recital 13a, Article 3 point(24a), Article 34 

These four amendments aim to include, in the proposed Directive, provisions which 
require  manufacturers  to  give  independent  operators  access  to  any  technical 

7 

Council  Decision  of  27  November  1997  with  a  view  to  accession  by  the  European  Community  to 
the  Agreement  of  the  United  Nations  Economic  Commission  for  Europe  concerning  the  adoption  of 
uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or 
be  used  on  wheeled  vehicles  and  the  conditions  for  reciprocal  recognition  of  approvals  granted  - 
OJ L 346 of 17.12.1997, p. 78. 

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information held by the manufacturers, in order to ensure proper repair and servicing 
of  vehicles.  Similar  provisions  are  already  laid  down  in  Commission  Regulation 
(EC) 1400/2002 8 and it is not necessary to copy them in this Directive. 

3.3.3.  Amendment 4 – Article 3(13) 

With respect to the definition of ‘mobile machinery’, Amendment 4 is inappropriate 
because  it  would  refer  to  the  existing  definition  of  ‘non-road  mobile  machinery’, 
which  has  been  laid  down  in  Directive  97/68/EC 9  on  pollutant  emissions  from 
engines  to  be  installed  in  machinery.  The  Commission  believes  that,  in  respect  of 
vehicle type-approval, the scope of the definition must be limited around the concept 
of ‘vehicle’. 

3.3.4.  Amendment 11 – Article 23(2) 

According to Article 3(24), the term ‘manufacturer’ must be understood as indicating 
either the manufacturer or his representative. Therefore the Commission rejects this 
amendment because it considers it superfluous. 

3.3.5.  Amendment 13 – Article 25 

Through Amendment 13, the Parliament wishes to impose the manufacturer to stamp 
several  VIN  markings  at  different  places  in  a  vehicle.  The  stamping  of  these 
additional VIN markings would serve to facilitate the identification of vehicles. The 
Commission  believes  that  these  provisions  would  enter  in  conflict  with  other 
provisions  contained  in  Directive  76/114/EEC 10,  specifically  devoted  to  VIN 
markings, which is of compulsory application for certain categories of vehicles. 

3.3.6.  Amendment 14 – Article 26(3) 

In  application  of  Point 4  of  the  ‘Interinstitutionnal  Agreement 11 ’  on  the  recasting 
technique for legal acts, the Commission rejects Amendment 14 which concerns the 
codification part of Directive 70/156/EEC as it does not constitute a new provision. 

3.3.7.  Amendments 15 and 16 – Article 30(1) and 30(2) 

Amendments 15 and 16 aim to extend the link established between the Directive on 
‘product  safety 12 ’  and  the  Directive  on  ‘type-approval’  to  the  life  expectancy  of 
certain  vehicle  components.  These  amendments  are  incompatible  with  the  scope  of 

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10 

11 

12 

Commission  Regulation  (EC)  No  1400/2002  of  31  July  2002  on  the  application  of  Article  81(3)  of 
the  Treaty  to  categories  of  vertical  agreements  and  concerted  practices  in  the  motor  vehicle  sector  - 
OJ L 203 of 1.8.2002, p. 30. 
Directive  97/68/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  1997  on 
the  approximation  of  the  laws  of  the  Member  States  relating  to  measures  against  the  emission  of 
gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile 
machinery - OJ L 59 of 27.2.1998, p. 1. 
Council Directive 76/114/EEC of 18 December 1975 on the approximation of the laws of the Member 
States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location 
and method of attachment - OJ L 24 of 30.1.1976, p. 1. 
Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique 
for legal acts - OJ° C 077 of 28.3.2002, p. 1. 
Council Directive 92/59/EEC of 29 June 1992 on general product safety- OJ L 228 of 11.8.1992, p. 24. 

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the Directive on product safety and the type-approval Directive, which only concern 
road  safety,  environmental  protection  and  public  health.  Therefore  it  cannot  be 
accepted by the Commission. 

3.3.8.  Amendment 19 – Article 40(3) 

Amendment 19 is  linked to Amendment 3. Its objective is to not require the use of 
the  certificate  of  conformity  for  registration  purposes  where  the  Community  type-
approval  is  only  optional.  Taking  account  of  the  position expressed  with  respect  to 
Amendment 3, the Commission can only reject Amendment 19. 

3.3.9.  Amendments 23 to 34 – Annex XVI 

These  amendments  aim  to  postpone  by  several  years  the  application  of  the  EC 
approval  for  commercial  vehicles,  including  buses  and  coaches.  The  Commission 
rejects  these  amendments  which  would  delay  unnecessarily  the  application  of  the 
Community  approval  in  an  essential  industrial  sector.  The  delay  would  be 
detrimental to the interests of the manufacturers who are the major beneficiaries of 
the  approximation  of  the  administrative  and  technical  provisions  regarding  vehicle 
approval. 

4. 

INTRODUCTION OF REGULATIONS AS ALTERNATIVE TO SEPARATE DIRECTIVES 

With  a  view  to  simplifying  the  administrative  process  leading  to  the  application  of 
EC type-approval legislation at national level (that is, transposition of directives and 
notification of the national legislation to the Commission), and in view of the precise 
and  detailed  character  of  such  legislation,  the  possibility  of  using  regulations  as 
legislative  instruments  instead  of  directives  should  be  foreseen.  This  is  totally  in 
accordance  with  the  status  of  the  Community  type-approval  which  will  become 
obligatory for all categories of vehicles, when the proposed Directive will have been 
adopted. 

Since the original Commission proposal only refers to separate directives, the word 
‘regulations’ has to be added where appropriate in the text after the words ‘separate 
directives’. The necessary amendments are as follows : 

4.1. 

Amendments to articles 

1) In Article 3, Definition (29)(ex 28),  

i) the words ‘or regulation’ shall be added after the words ‘separate directive’ ; 

ii) the words ‘listed in Annex IV, Part II or Part III, ’ shall be replaced by the words 
‘listed in Annex IV, Part I or Part II,’. 

2) In Article 3, Definition (32)(ex 31), the words ‘or regulation’ shall be added after 
the words ‘separate directive’. 

3) In Articles 7(2) and 7(4), the words ‘or regulations’ shall be added after the words 
‘separate directives’. 

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4)  In  Articles  10(1)  and  10(2),  the  words  ‘or  regulation’  shall  be  added  after  the 
words ‘separate directive’. 

5) In Article 18(1), the words ‘or regulation’ shall be added after the words ‘separate 
Directive’. 

6)  In  Article  20(1),  the  words  ‘or  regulations’  shall  be  added  after  the  words 
‘separate directives’. 

7) In Article 36, the title shall be amended to read : ‘Implementation measures and 
amendments to this Directive, the separate directives and regulations.’ 

8) In Article 36(1), the words ‘or regulation’ shall be added after the word ‘directive’ 
(two times). 

9) In Article 36(2) 1st subparagraph, the words ‘or regulations’ shall be added after 
the words ‘separate Directives’. 

10)  In  Article  36(6)(ex  4)  the  words  ‘or  regulation’  shall  be  added  after  the  words 
‘separate Directive’. 

4.2. 

Amendment to the annexes 

1) In the heading, 1st paragraph of Annex I, the words ‘or regulations’ shall be added 
after the words ‘separate Directives’. 

2)  In  the  first  subparagraph  of  Annex IV  Part II,  the  words  ‘or  regulation’ shall  be 
added after the words ‘separate Directive’ (two times). 

3)  In  the  endnote  (1)  associated  to  the  table  in  Annex IV  Part II,  the  words  ‘or 
regulations’ shall be added after the words ‘separate Directives’. 

4)  In  Annex  VI  Model  B  and  Model  C,  sixth  sentence,  a  slash  and  the  word 
‘Regulation (1)’ including a cross-reference to footnote (1) shall be added, both after 
the word ‘with regard to Directive’ and ‘as last amended by Directive’ (four times). 

5) In the addendum to Section II to Annex VI Model B, item 2, the word ‘EC’ shall 
be  deleted  and  the  words  ‘or  regulation’  shall  be  added  after  the  words  ‘this 
Directive’. 

6) In Annex VII, the words ‘or regulation’ shall be added after the word ‘Directive’ 
in  the  following  paragraphs :  paragraph  1,  section  2 ;  paragraph  1,  section  3  first 
sentence ;  paragraph  1,  section  3,  3rd  and  4th  indent ;  paragraph  1,  section  4  (six 
times). 

7) In paragraph 1.2. of Appendix 1 to Annex VII, the words ‘or regulation’ shall be 
added after the words ‘separate Directive’. 

8) In paragraph 1.3. of Appendix 1 to Annex VII and in the Legend of the addendum 
to  Appendix 1,  the  words  ‘or  regulations’  shall  be  added  after  the  words  ‘separate 
Directives’. 

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9)  In  the  heading  of  Annex  IX  Part  I,  Side  2  related  to  complete  or  completed 
vehicles  of  category  M1,  and  to  complete  or  completed  vehicles  of  category  N1,  N2 
and  N3,  the  term  ‘EC’  in  ‘EC  type-approval  documentation’  shall  be  deleted  (two 
times). 

10)  In  the  heading  of  Annex  IX  Part  II,  Side  2  related  to  incomplete  vehicles  of 
category M1, the term ‘EC’ in ‘EC type-approval documentation’ shall be deleted. 

11)  In  Annex  X,  paragraph  1.2.2.,  the  associated  footnote  (2),  paragraphs  2.1.  and 
3.3., the words ‘or regulation’ shall be added after the word ‘Directive’ (five times). 

12) In Annex X, paragraphs 2.2. and 2.3.5., the words ‘or regulations’ shall be added 
after the words ‘separate Directives’. 

5. 

CLARIFICATION  OF  MEMBER  STATES’  OBLIGATIONS  WITH  REGARD  TO  THE  FREE 
MOVEMENT  OF  APPROVED  VEHICLES,  COMPONENTS  AND  SEPARATE  TECHNICAL 
UNITS 

In order to ensure that the provisions on the approval of motor vehicles laid down in 
this  Directive  and  in  the  separate  regulatory  acts  are  not  undermined  by  the 
imposition  of  national  construction  and  functioning  requirements  on  vehicles  after 
they have been sold, registered and/or put into service, a free circulation clause has 
been  introduced  in  the  third  paragraph  of  Article  4.  In  addition,  in  the  second 
paragraph  of  Article  1  (concerning  the  subject  matter)  it  has  been  clarified  that  the 
technical  requirements  for  the  approval  of  vehicles  concern  their  construction  and 
functioning. 

5.1. 

Amendment to Article 4.3: 

At the end of Article 4.3, the following sentence shall be added: 

‘They shall not prohibit, restrict or impede the registration, sale, entry into service 
or  circulation  on  the  road  of  vehicles,  components  or  separate  technical  units,  on 
grounds related to their construction and functioning, if they satisfy the requirements 
of this Directive.’ 

5.2. 

Amendment to Article 1: 

In the second paragraph of Article 1, the words ‘concerning the construction and the 
functioning  of  vehicles’  shall  be  added  after  the  words  ‘Specific  technical 
requirements’. 

6. 

INCLUSION  OF  UN/ECE  REGULATIONS  WITHIN  THE  EC  VEHICLE  TYPE-APPROVAL 
SYSTEM 

By  Council  Decision  97/836/EC,  the  European  Community  has  acceded  to  the 
Revised  1958  Agreement  of  the  Economic  Commission  for  Europe  of  the  United 
Nations. 

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Up to now, these UN/ECE regulations were considered as alternatives to the separate 
Directives  having  the  same  scope.  In  addition,  in  many  occasions,  the  text  of  the 
UN/ECE regulations was incorporated in separate directives. 

In  view  of  the  parallelism  between  separate  directives  and  UN/ECE  regulations 
resulting  from  this  practice,  the  UN/ECE  regulations  to  which  the  Community  has 
acceded  shall  be  made  mandatory  where  appropriate for the purpose  of EC  vehicle 
type-approval.  This  possibility  is  already  foreseen  in  Article 4(4)  of  Council 
Decision 97/836/EC. 

To  that  end,  Chapter XIII  has  been  reworked.  The  initially  proposed  Article 32  has 
been divided in two, the first one concerning UN/ECE regulations which are added 
as new  requirements for EC vehicle type-approval, and the second one, concerning 
the conditions of equivalence. 

The necessary amendments to the proposed Directive are as follows. 

6.1. 

Amendments to Recitals 

The last sentence of Recital 10 shall be amended to read : 

[should  be  incorporated  within  the]  ‘Community  type-approval  procedure  either  as 
requirements  for  EC  vehicle  type-approval,  or  as  alternatives  to  the  existing 
Community law. In particular, where the Community decides, by means of a Council 
decision, that a UN/ECE regulation shall become part of the EC whole vehicle type-
approval procedure and replace existing Community law, the necessary adaptations 
should  be  made  to  this  Directive  by  the  regulatory  procedure  provided  in  Council 
Decision 1999/468/EC.’ 

6.2. 

Amendments to Articles 

6.2.1.  Amendments to Article 20 

A new subparagraph shall be added to Article 20(1) to read : 

‘Where  the  exemption  pursuant  to  Article 19  relates  to  a  UN/ECE  regulation,  the 
Commission  shall  propose  an  amendment  to  the  relevant  UN/ECE  regulation  in 
accordance with the procedure applicable under the 1958 Agreement.’ 

6.2.2.  Amendments to Chapter XIII 

The title of Chapter XIII shall be replaced by the following title : 

‘ CHAPTER XIII 

INTERNATIONAL REGULATIONS’ 

6.2.3.  Amendments to Article 32 

1) Article 32 shall be replaced by the following text : 

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‘Article 32 

UN/ECE regulations required for EC type-approval 

1.  UN/ECE  regulations  to  which  the  Community  has  acceded  and  which  are 
listed  in  Annex IV  Part I  and  in  Annex  XI  are  part  of  the  EC  vehicle  type-
approval under the same terms as the separate directives or regulations. They 
shall  apply  to  the  categories  of  vehicles  listed  in  the  relevant  columns  in  the 
table of Annex IV Part I and Annex XI. 

2.  When the Community has decided to apply on a compulsory basis a UN/ECE 
regulation  for  the  purposes  of  EC  vehicle  type-approval  in  accordance  with 
Article 4(4)  of  Decision  97/836/EC,  the  annexes  to  this  Directive  shall  be 
amended  as  appropriate  in  accordance  with  the  procedure  referred  to  in 
Article 37(2) of this Directive. The act amending the annexes to this Directive 
shall  also  specify  the  dates  of  compulsory  application  of  the  UN/ECE 
regulation  or  of  its  amendments.  Member  States  shall  repeal  or  adapt  any 
national  legislation  that  is  incompatible  with  the  UN/ECE  regulation  in 
question. 

Where  such  a  UN/ECE  regulation  replaces  an  existing  separate  directive  or 
regulation,  the  concerned  entry  in  Annex IV  Part I  and  in  Annex  XI shall  be 
replaced by the number of the UN/ECE regulation and the corresponding entry 
in Annex IV Part II shall be deleted in accordance with the same procedure. 

3. 

In  the  case  referred  to  in  the  second  subparagraph  of  paragraph 2,  the 
separate  directive  or  regulation  replaced  by  the  UN/ECE  regulation  shall  be 
repealed in accordance with the procedure referred to in Article 37(2). 

Where  a  separate  directive  is  repealed,  Member  States  shall  repeal  any 
national legislation that was adopted for the transposition of that directive.’ 

2)  A new Article 32a shall be inserted between Article 32 and Article 33 to read : 

‘Article 32a 

‘Equivalence of UN/ECE regulations with directives or regulations 

1. 

The UN/ECE regulations listed in part II of Annex IV are recognised as being 
equivalent to the corresponding separate directives or regulations in as much 
as they share the same scope and subject matter. 

The approval authorities of the Member States shall accept approvals granted 
in  accordance  with  those  UN/ECE  regulations  and,  where  applicable,  the 
pertaining  approval  marks,  in  lieu  of  the  corresponding  approvals  and 
approval  marks  granted  in  accordance  with  the  equivalent  separate  directive 
or regulation. 

2.  Where the Community has decided to apply, for the purposes of paragraph 1, a 
new  UN/ECE  regulation  or  a  UN/ECE  regulation  as  amended,  Annex IV 

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Part II  to  this  Directive  shall  be  updated  as  appropriate,  in  accordance  with 
the procedure referred to in Article 37(2).’ 

6.3. 

Amendments to Annexes 

1)  In  the  title  of  Part III  of  Annex III,  the  words  ‘Separate  Directive  EC’  shall  be 
deleted.  

2) In the heading of the second column of the table in Part III of Annex III, the words 
‘EC’ shall be deleted.  

3)  The  heading  of  the  third  column  of  the  table  in  Part III  of  Annex III  shall  be 
replaced by the following ‘Member State or Contracting Party (+) issuing the type-
approval (++)’. Two footnotes shall be associated to read : ‘(+) Contracting Parties to 
the  Revised  1958  Agreement’  and  ‘(++)  To  be  indicated  if  not  obtainable  from  the 
type-approval number’. 

4)  In  the  heading  of  Part I  of  Annex IV,  a  new  sentence  shall  be  added  after  the 
words  ‘listed  below’  to  read :  ‘In  respect  of  regulations  of  the  United  Nations 
Economic  Commission  for  Europe,  the  reference  of  the  regulatory  act  shows  the 
relevant  series  of  amendments  of  the  regulation  to  which  the  Community  has 
acceded.’ 

5) Part III to Annex IV shall be deleted. 

6) A new paragraph shall be added to Annex VII to read :  

‘9.  Annex VII  does  not  apply  to  UN/ECE  regulations  listed  in  Annex IV  of  this 
Directive.  Type-approvals  granted  in  accordance  with  UN/ECE  regulations 
shall  continue  to  use  the  appropriate  numbering  system  provided  for  in  the 
respective regulations.’ 

7. 

EDITORIAL CHANGES RESULTING FROM AMENDMENTS REFERRED TO IN SECTIONS 4 
AND 5. 

For  the  sake  of  simplification,  each  time  where  the  terms  ‘separate  directive’, 
‘regulation’  and/or  ‘UN/ECE  regulation’  are  referred  to  collectively,  they  shall  be 
replaced  by  the  term  ‘regulatory  act’.  This  last  term  is  defined  in  a  new  entry  in 
Article 3 of the proposed directive. 

The necessary amendments are as follows : 

7.1. 

Amendments to Recitals 

In  Recital (3),  the  words  ‘in  separate  directives’  and  ‘Those  Directives’  shall  be 
replaced respectively by ‘in regulatory acts’ and ‘Those regulatory acts’. 

7.2. 

Amendments to Articles 

1) In Article 1, the second subparagraph shall be amended to read : 

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‘Specific technical requirements shall be laid down in application of this Directive in 
separate  regulatory  acts,  the  exhaustive  list  of  which  is  set  out  in  Annex IV  to  this 
Directive’. 

2) In Article 3, 1st paragraph, the words ‘the regulatory acts’ shall replace the words 
‘the directives’. 

3)  In  Article 3,  a  new  definition  shall  be  added,  bearing  reference  number  (1)  to 
read : 

‘Regulatory  act’  means  a  separate  directive,  a  regulation  or  a  UN/ECE 

‘(1) 
regulation annexed to the Revised 1958 Agreement ;’. 

4)  In  Article 3,  the  former  reference  numbers  (1)  to  (34)  of  the  definitions  are 
renumbered (2) to (35). 

5) In Article 3, definition (4)(ex 3), the words ‘the regulatory acts’ shall replace the 
words ‘the separate directives and/or UN/ECE regulations’. 

6) In Article 3, definition (31)(ex 30), the words ‘all applicable regulatory acts’ shall 
replace the words ‘all applicable separate directives and UN/ECE regulations’. 

7) In Article 6(2), the words ‘the applicable regulatory acts’ shall replace the words 
‘the applicable separate directives or UN/ECE regulations’ (two times). 

8)  In  Article 6(3),  the  words  ‘the  regulatory  acts’  shall  replace  the  words  ‘the 
separate directives or UN/ECE regulations’. 

9) In Article 9(1)(a), 9(1)b and Article 9(2), the words ‘the relevant regulatory acts’ 
shall replace the words ‘the relevant separate directives or UN/ECE regulations’. 

10)  In  Article 9(4),  the  words  ‘the  regulatory  acts’  shall  replace  the  words  ‘the 
separate directives’. 

11)  In  Article 9(6),  the  words  ‘regulatory  acts’  shall  replace  the  words  ‘separate 
directives or UN/ECE regulations’. 

12)  In  Article 9(7),  the  words  ‘regulatory  acts’  shall  replace  the  words  ‘separate 
directives and UN/ECE regulations’. 

13) In Article 10(3), the words ‘the relevant regulatory act’ shall replace the words 
‘the relevant separate directive’. 

14)  In  Article 11(2)  2nd  subparagraph,  the  words  ‘regulatory  acts’  shall  replace  the 
words  ‘separate  directives  and  UN/ECE  regulations’  and  ‘separate  directives  or 
UN/ECE regulations’. 

15) In Article 13(2)(c) and Article 14(2)(c), the words ‘regulatory acts’ shall replace 
the words ‘separate directives or UN/ECE regulations’. 

16) In Article 16(1)(a) and Article 17(5), the words ‘regulatory act’ shall replace the 
words ‘separate directive or UN/ECE regulation’. 

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17)  In  Article 19(1),  the  words  ‘regulatory  acts  listed  in  Annex IV  Part I’  shall 
replace the words ‘separate directives’. 

18)  In  Article 20(2)  1st  and  2nd  subparagraph,  the  words  ‘regulatory  acts’  shall 
replace the words ‘separate directives’. 

19) In Article 22(1) and  Article 23(1), the words ‘regulatory  acts’ shall  replace  the 
words ‘separate directives or UN/ECE regulations’. 

20)  In  Article 27(1),  the  words  ‘relevant  regulatory  acts’  shall  replace  the  words 
‘relevant separate directives and/or UN/ECE regulations’. 

21) In Article 27(2), the words ‘a regulatory act’ shall replace the words ‘a separate 
directive’. 

22)  In  Article 29(2)  2nd  subparagraph,  the  words  ‘relevant  regulatory  acts’  shall 
replace the words ‘relevant separate directives or UN/ECE regulations’. 

23) In Article 30(1), the words ‘a regulatory act’ shall replace the words ‘a separate 
directive’. 

24)  In  Article 34(1),  the  words  ‘regulatory  acts’  shall  replace  the  words  ‘separate 
directives or UN/ECE regulations’. 

25)  In  Article 34(2),  Article 35(1)  1st  subparagraph,  Article 35(2)  2nd  subparagraph 
the words ‘a regulatory act’ shall replace the words ‘a separate directive’. 

26) In Article 38(2), the words ‘a regulatory act’ shall replace the words ‘a separate 
directive or equivalent UN/ECE Regulation’. 

7.3. 

Amendments to the List of Annexes 

1) In item Annex VI, Appendix 1, the words ‘the regulatory acts’ shall replace the 
words ‘the separate Directives and UN/ECE Regulations’. 

2)  In  item  Annex  XIII,  the  words  ‘separate  Directives’  shall  be  replaced  by  the 
words ‘regulatory acts’. 

7.4. 

Amendments to the annexes 

1)  In  the  heading  of  Part I  of  Annex IV,  the  words  ‘separate  Directives’  shall  be 
replaced by the words ‘regulatory acts’ (two times).  

2)  The  heading  of  the  second  column  of  the  table  in  Part I  of  Annex IV  shall  be 
replaced by the following heading ‘Regulatory act reference’. 

3)  In  the  first  endnote  quoted  ‘X’  under  the  table  in  Part I  of  Annex IV,  the  words 
‘Directive applicable’ shall be replaced by the words ‘Regulatory act applicable’. 

4)  In  the  heading  of  Appendix 1  to  Part I  of  Annex IV,  the  words  ‘separate 
Directives’ shall be replaced by the words ‘regulatory acts’.  

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5) The heading of the third column of the table in Appendix 1 to Part I of Annex IV 
shall be replaced by the following ‘Regulatory act reference’. 

6) In the five endnotes referred to as ‘Key’ under the table in Appendix 1 to Part I of 
Annex IV,  the  words  ‘directive’  and  ‘separate  directive’  shall  be  replaced  by  the 
words ‘regulatory act’ (six times). 

7) In Annex V, paragraph 1(a) shall be replaced by the following text : 

‘(a) verify that all EC type-approval certificates issued pursuant to the regulatory acts 
which are applicable for vehicle type-approval cover the vehicle type and correspond 
to the prescribed requirements ;’ 

8) In Annex V, paragraph 1(b) 

i)  the  words  ‘and/or  the  approval  certificates  of  the  relevant  separate  Directive 
approvals’ shall be replaced by the words ‘and in the EC type-approval certificates, 
in respect of the relevant regulatory acts,’; 

ii) the words  ‘of  any of  the  separate  Directives’ shall be replaced  by the words  ‘of 
any of the regulatory acts,’. 

9) In Annex V, paragraph 1(c), the words ‘all separate Directive EC type-approvals’ 
shall be replaced by the words ‘of the relevant EC type-approval certificates’. 

10)  In  Annex V,  paragraph 3  1st  sentence,  paragraphs 3(a)  and  3(b),  the  words 
‘relevant  separate  Directives’  shall  be  replaced  by  the  words  ‘relevant  regulatory 
acts’. 

11) In Annex VI Model A, Section II items 1 and 2, the words ‘separate Directives’ 
shall be replaced by the words ‘the regulatory acts’. 

12)  In  Annex VI  Model A,  Side 2,  last  paragraph  before  the  tables,  the  words  ‘the 
separate Directives’ shall be replaced by the words ‘the regulatory acts’. 

13) In Annex VI Model A, Side 2, the heading in the two tables ‘Directive number’ 
shall be replaced by ‘Regulatory act reference’. In the endnote under the first table, 
the words ‘separate Directive’ shall be deleted. 

14) In the title of Appendix 1 to Annex VI Model A, the words ‘List of Directives’ 
shall be replaced by the words ‘List of regulatory acts’. 

15)  The  heading  of  the  second  column  of  the  table  in  Appendix 1  to  Annex VI 
Model A shall be replaced by ‘Regulatory act reference’ and the endnote under the 
table shall be deleted. 

16) In the footnote (1) related to the title of Annex VII, the words ‘regulatory acts’ 
shall replace the words ‘separate Directive’. 

17)  In  Annex VIII,  paragraph  2  Results  of  the  exhaust  emission  test,  the  text  from 
‘Base Directive(1)’ to ‘diesel smoke’ shall be deleted. 

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18)  In  Annex VIII,  paragraph  2.1.  shall  be  amended  to  read :  ‘2.1.  Emissions  from 
motor vehicles’. 

19)  In  Annex VIII,  paragraph  2.2.  shall  be  amended  to  read :  ‘2.2.  Emissions  from 
engines for use in vehicles’. 

20) In Annex VIII, paragraph 2.3. shall be amended to read : ‘2.3. Diesel smoke’. 

21) In Annex VIII as amended under the aforementioned items, the word ‘Directive’ 
shall be replaced by the words ‘regulatory act’ (eleven times). 

22)  In  Annex IX  Part I  and  Part II,  the  word  ‘Directive’  and  ‘Directives’  shall  be 
replaced  respectively  by  the  words  ‘regulatory  act’  (eighteen  times)  or  ‘regulatory 
acts’ (thirty-eight times). 

23) In the tables referred to Appendix 1, 2, 3 and 4 to Annex XI, the heading of the 
third column shall be amended to read :‘Regulatory act reference’. 

24) In the first two endnotes (quoted X and N/A) under the tables in Annex XI, the 
words  ‘separate  Directive’  and  ‘Directive’,  respectively,  shall  be  replaced  by  the 
words ‘regulatory act’. 

25)  In  Annex XII,  Section B,  last  indent,  the  words  ‘separate  Directive’  shall  be 
replaced by the words ‘regulatory act’. 

26) In the title of Annex XIII, the words ‘separate Directives’ shall be replaced by 
the words ‘regulatory acts’. 

27) In Annex XIV, paragraph 1.1., the words ‘separate Directives’ shall be replaced 
by the words ‘regulatory instruments’. 

28) In Annex XIV Section 2, paragraph (a) shall be replaced by the following text : 

‘(a)  verify  that  all  EC  type-approval  certificates  issued  pursuant  to  the  regulatory 
acts which are applicable for vehicle type-approval cover the vehicle type at its state 
of completion and correspond to the prescribed requirements ;’ 

29) In Annex XIV Section 2, paragraph (c) 

i)  the  words  ‘and/or  the  approval  certificates  of  the  relevant  separate  Directive 
approvals’ shall be replaced by the words ‘and in the EC type-approval certificates, 
in respect of the relevant regulatory acts,’; 

ii) the words ‘of  any of the separate  Directives’ shall be replaced  by the words  ‘of 
any of the regulatory acts,’. 

30)  In  Annex XIV  Section  2,  paragraph  (d),  the  words  ‘all  relevant  separate 
Directives  EC  type-approvals’  shall  be  replaced  by  the  words  ‘the  relevant 
regulatory acts’. 

31) In Annex XV,  

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i)  the  last  sentence  above  the  table,  the  word  ‘Directives’  shall  be  replaced  by  the 
words ‘regulatory acts’. 

ii)  the  heading  of  the  second  column  of  the  table  shall  be  amended  to 
read :‘Regulatory act reference’.  

iii)  the  heading  of  the  third  column  shall  be  amended  to  read  ‘Type-approval 
number’. 

iv) the heading of the fourth column of the table shall be replaced by the following 
‘Member  State  or  Contracting  Party (+)  issuing  the  type-approval  (++)’.  Two 
footnotes  shall  be  associated  to  read :  ‘(+)  Contracting  Parties  to  the  Revised  1958 
Agreement’  and  ‘(++)  To  be  indicated  if  not  obtainable  from  the  type-approval 
number’. 

8. 

AMENDMENTS TO CHAPTER XII (SAFEGUARD CLAUSES) 

Chapter  XII  dealing  with  safeguard  clauses  does  not  entail  the  possibility  for 
Member States to refuse the registration, sale or entry into service in the Community 
of  vehicles,  systems,  components  or  separate  technical  units  which,  albeit  type-
approved or marked according to the UN/ECE regulations, present serious risks for 
the customers. In so far as those regulations will be part of the EC type-approval, it is 
necessary to rework Article 28.  

Article 28  includes  provisions  to  allow  the  Commission  to  present  appropriate 
measures to remedy such situations. 

The necessary amendments are as follows : 

8.1. 

Amendments to Article 28 

1)  In  Article 28(1),  the  last  sentence  shall  form  a  new  paragraph  and  shall  be 
amended to read : 

‘In  such  cases,  the  Member  State  concerned  shall  immediately  notify  the 
manufacturer, the other Member States and the Commission accordingly, stating the 
reasons on which its decision is based and, in particular, whether it is the result of : 

– 

– 

shortcomings in the relevant regulatory acts, or 

incorrect application of the relevant requirements.’ 

2) Paragraph (2) in Article 28 shall be deleted. 

3) In Article 28, three new paragraphs shall be added to read : 

‘2.  The Commission shall consult the parties concerned as soon as possible and, 
in particular, the approval authority that granted the type-approval in order to 
prepare the decision. 

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3.  Where the measures referred to in paragraph 1 are attributed to shortcomings 
in  the  relevant  regulatory  acts,  the  Commission  shall  propose  appropriate 
measures as follows : 

– 

– 

where separate directives or regulations are concerned, the Commission 
shall  propose  amendments  for  adoption,  in  accordance  with  the 
procedure referred to in Article 37(2) ; 

where  UN/ECE  regulations  are  concerned,  the  Commission  shall 
propose  the  necessary  draft  amendments  to  the  relevant  UN/ECE 
regulations in accordance with the procedure applicable under the 1958 
Agreement. 

4.  Where  the  measures  referred  to  in  paragraph  1  are  attributed  to  incorrect 
application  of  the  relevant  requirements,  the  Commission  shall  take  the 
appropriate measures to ensure compliance with such requirements.’ 

9. 

AMENDMENTS TO CHAPTER XV (IMPLEMENTATION MEASURES AND AMENDMENTS) 

Experience  has  shown  that  in  some  cases,  there  is  a  need  for  the  Commission  to 
amend very rapidly the provisions of separate directives or regulations with a view to 
ensure  a  better  protection  of  road  users.  Such  amendments  do  not  necessarily  form 
part of the adaptation of a directive or a regulation to the development of scientific 
and  technical  knowledge  but  are  required  to  compensate  to  shortcomings  in  the 
legislation with a view to covering risks that have been identified. 

In  addition,  it  is  also  necessary  to  allow  the  Commission  to  amend  directives  or 
regulations 
legislation.  These 
amendments  are  of  pure  administrative  nature  and  shall  be  adopted  through 
‘comitology’ procedure. 

the  coherence  of 

the  Community 

to  ensure 

The necessary amendments are as follows : 

9.1. 

Amendments to recitals 

9.1.1.  Amendments to Recital 14 and 15 

Recitals 14 and 15 shall be merged within a new Recital 14 to read : 

(14)  ‘With  the  aim  of  simplifying  and  accelerating  the  procedure,  measures 
implementing  the  separate  directives  or  regulations  as  well  as  measures  for 
adapting  the  annexes  to  this  Directive  and  the  separate  directives  or 
regulations,  in  particular  to  the  development  of  scientific  and  technical 
knowledge  should  be  adopted 
in  accordance  with  Council  Decision 
1999/468/EC of 28 June 1999 laying down the procedures for the exercise of 
implementing powers conferred on the Commission 13.’ 

13 

OJ L 184, 17.7.1999, p. 23. 

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9.1.2.  A new Recital 15 shall be added  

(15)  ‘Experience  shows  that  appropriate  measures  may  have  to  be  taken  without 
delay  with  a  view  to  ensuring  a  better  protection  of  road  users,  where 
shortcomings have been identified in the existing legislation. For such urgent 
cases,  the  necessary  amendments  to  the  separate  directives  or  regulations 
should be adopted in accordance with Decision 1999/468/EC.’ 

9.2. 

Amendments to Article 36 

1) A new paragraph (3) shall be added to read : 

‘3.  When the Commission becomes aware of serious risks to road users or to the 
environment,  which  require  urgent  measures,  the  provisions  of  the  separate 
directives  or  regulations  listed  in  Annex IV  Part I  may  be  amended  in 
accordance with the procedure referred to in Article 37(2).’ 

2) A new paragraph (4) shall be added to read : 

‘4.  Amendments which are necessary in the interest of good administration and in 
particular  those  needed  to  ensure  the  coherence  of  the  separate  directives  or 
regulations listed in Annex IV, Part I either amongst themselves or with other 
pieces of Community law, shall be adopted in accordance with the procedure 
referred to in Article 37(2).’ 

3) Former paragraphs (3) and (4) shall be renumbered, respectively (5) and (6). 

10. 

AMENDMENTS RELATED TO THE ENLARGEMENT OF THE COMMUNITY TO THE NEW 
MEMBER STATES 

On 1st May 2004, ten new Member States joined the European Union. It is necessary 
therefore,  in  order  to  permit  the  proper  implementation  of  the  type-approval 
procedures, to update the relevant annexes of the proposed Directive. 

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10.1.  Amendments to Annex VII 

In Section 1, the table shall be replaced by the following table : 

‘ 

1 

2 

3 

4 

5 

6 

7 

8 

9 

for Germany; 

for France; 

for Italy; 

for the Netherlands; 

for Sweden; 

for Belgium; 

for Hungary; 

for the Czech Republic; 

for Spain; 

11 

for the United Kingdom; 

12 

for Austria; 

13 

for Luxembourg; 

17 

for Finland; 

18 

for Denmark; 

20 

for Poland; 

21 

for Portugal; 

23 

for Greece; 

24 

for Ireland; 

26 

for Slovenia; 

27 

for Slovakia; 

29 

for Estonia; 

32 

for Latvia; 

36 

for Lithuania; 

49 

for Cyprus; 

50 

for Malta.’ 

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10.2.  Amendment to Annex VII, Appendix 1 

In paragraph 1, the table shall be replaced by the following table : 

‘1 

For Germany 

For France 

For Italy 

For the Netherlands 

For Sweden 

For Belgium 

For Hungary 

For the Czech Republic 

18 

20 

21 

23 

24 

26 

27 

29 

For Denmark  

For Poland  

For Portugal  

For Greece  

For Ireland  

For Slovenia  

For Slovakia 

For Estonia  

For Spain 

32  

For Latvia 

11 

For the United Kingdom 

For Austria 

36 

49 

For Lithuania 

For Cyprus 

For Luxembourg 

50  

For Malta’ 

2 

3 

4 

5 

6 

7 

8 

9 

12 

13 

17 

For Finland 

10.3.  Amendment to Annex IX 

In  Annex  IX,  side  2,  the  different  tables  under  item  47  shall  be  replaced  by  the 
following table : (eight times) 

‘Belgium: ........................ 

Czech Republic: ..............  Denmark: ........................  

Germany:......................... 

Estonia:............................  Greece:............................  

Spain: ..............................  

France: ............................. 

Ireland:............................  

Italy: ................................ 

Cyprus: ............................  Latvia: .............................  

Lithuania: ........................ 

Luxembourg: ...................  Hungary: .........................  

Malta: .............................. 

Netherlands:.....................  Austria: ...........................  

Poland: ............................ 

Portugal: ..........................  Slovenia: .........................  

Slovakia:.......................... 

Finland:............................  Sweden:...........................  

United Kingdom:............’ 

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11. 

CRITERIA  FOR  TECHNICAL  SERVICES  AND  BODIES  OPERATING  QUALITY  SYSTEM 
CERTIFICATION 

The technical services and bodies who are entrusted by their national authorities with 
specific  activities  in  the  field  of  type-approval  have  to  show  appropriate 
competences. 

They must demonstrate that they operate for themselves a high quality system. The 
appropriate  requirements  for  such  purposes  are  included  in  several  EN  and  ISO 
standards  which  are  under  constant  evolution.  With  a  view  to  managing  updating, 
their references are moved from Article 38 to Appendix 1 to Annex V. 

11.1.  Amendments to Article 38(4) 

1) The subparagraphs (a), (b) and (c) shall be deleted. 

2)  In  the  remaining  paragraph (4),  the  words  ‘with  the  following  standards  with 
respect to’ shall be replaced by the words ‘with the standards listed in Appendix 1 to 
Annex V with respect to’. 

11.2.  Amendments to the ‘LIST OF ANNEXES’ 

A new entry shall be introduced in the ‘LIST OF ANNEXES’ under the title ‘Annex 
V’ to read : 

“Appendix 1 

List  of  standards  with  which  the  technical  services  and  bodies 
referred to in Article 38 have to comply”. 

11.3.  Amendments to the annexes 

A new Appendix 1 to Annex V shall be added to read : 

“Appendix 1 

List of standards with which the technical services and bodies 
 referred to in Article 38 have to comply 

1. 

2. 

3. 

EN  ISO  17025 : 2000  on  general  requirements  for  the  competence  of  testing 
and calibration laboratories. 

EN  45004 : 1995  or  ISO/IEC  17020 : 1998  on  the  general  criteria  for  the 
operation of various types of bodies performing inspection as regards the test 
witnessing activities, tests and checks related to the conformity of production. 

EN  45012 : 1989  or  ISO/IEC  Guide  62 1996  on  the  general  criteria  for 
certification  bodies  operating  quality  system  certification  as  regards  the 
management systems implemented by a manufacturer.” 

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12. 

ADDITIONAL CHANGES 

For the sake of clarity and simplification or with a view to giving a broader meaning 
to certain concepts, a few amendments must be made to the initial text. 

12.1.  Amendments to recitals 

The text of Footnote (4) associated to Recital (1) shall be amended to read : ‘OJ L 42, 
23.2.1970, p.1.’ 

12.2.  Amendments to articles 

12.2.1.  Article 3 

1) In Article 3, definitions (7), (8), (9)(ex 6, 7, 8), the word ‘procedure’ in the terms 
‘step-by-step  approval  procedure’,  ‘single-step  approval  procedure’  and  ‘mixed 
approval procedure’ shall be deleted. 

2) In Article 3, definition (13)(ex 12), shall be amended to read : 

‘13)  ‘hybrid  vehicle’  means  any  motor  vehicle  fitted,  in  order  to  ensure  its 
propulsion,  with  at  least  two  different  energy  converters  and  two  different 
sources of stored energy. When one source is electrical energy, the vehicle is 
called hybrid electric vehicle ;’ 

3) In Article 3, definition (14)(ex 13), the words ‘off the road or to perform specific 
work in agriculture or forestry’ shall be deleted. 

4)  In  Article 3,  definition (16)(ex  15),  the  word  ‘complete  or  incomplete’  shall  be 
deleted. 

5)  In  Article 3,  definition (21)(ex  20),  the  words  ‘a  set  of’  shall  be  replaced  by  the 
words ‘an assembly of’. 

6)  In  Article 3,  definition (31)(ex  30),  the  words  ‘it  being  permissible  […]  of 
registration’ shall be deleted. 

12.2.2.  Article 6 

1) In Article 6(2), the word ‘EC’ in the sentence ‘In the case of the EC type-approval 
of a system’ shall be deleted. 

2) In Article 6(5)(b), the word ‘incomplete’ shall be deleted (two times). 

12.2.3.  Article 8 

In Article 8(3), the comma and the words ‘in the context of the prevention of waste 
from vehicles, seriously harms’ shall be deleted. 

12.2.4.  Articles 9 and 15 

In  Article 9(3)(c),  Article 15(1)  and  15(2),  the  word  ‘unjustified’  shall  be  inserted 
between the words ‘without delay’. 

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12.2.5.  Article 12 

In Article 12(1), the words ‘in agreement with the manufacturer’ shall be replaced by 
the words ‘in consultation with the manufacturer’ 

12.2.6.  Articles 13 and 14 

In Article 13(2)(a) and in Article 14(2)(a), the word ‘or fresh tests’ shall be inserted 
after the words ‘further inspections’. 

12.2.7.  Article 16 

In  Article 16(1)(a),  the  words  ‘enter  into  force’  shall  be  replaced  by  the  words 
‘become compulsory’. 

12.2.8.  Article 17 

1)  In  Article 17(7),  the  words  ‘the  year  of  production  and’  shall  be  inserted  before 
the words ‘a sequential number’. 

2) In Article 17, a new paragraph 8 shall be added to read : 

‘8.  Without  prejudice  to  the  provisions  of  paragraph  1,  the  manufacturer  may 
transmit  data  or  information  contained  in  the  certificate  of  conformity  by 
electronic means to the registration authority of the Member State’. 

12.2.9.  Article 19 

1) In the English version, the last subparagraph of  Article 19(3) shall be numbered 
(4). Hence, the figure “4” at the end of the third subparagraph shall be deleted. 

2) A new paragraph (4) shall be inserted to read : 

‘4.  Pending  the  decision,  other  Member  States  may  accept  the  provisional 
approval  referred  to  in  paragraph  2  and  authorise  the  registration,  sale  and 
entry into service of vehicles in their territories.’ 

3) Former Paragraph (4) shall be renumbered (5) [this applies to all versions]. 

4)  In  Article 19(5)(ex  4),  the  words  ‘Paragraphs  1,  2  and  3  shall  not  be  invoked’ 
shall be replaced by the words ‘Paragraphs 1 to 4 need not be invoked’ 

12.2.10. Article 22 

In Article 22(5), the words ‘or by electronic mail’ shall be added after the words ‘by 
registered mail’. 

12.2.11. Article 23 

In  Article 23(2)  3rd  subparagraph,  the  words  ‘except  where  all  the  requirements  of 
Annex IV or XI are met’ shall be added after the words ‘that granted the approval’. 

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12.2.12. Article 28 

In Article 28(1), the comma and the words ‘in the context of the prevention of waste 
from vehicles, seriously harms’ shall be deleted. 

12.2.13. Article 30 

1)  In  Article 30(2),  a  new  sentence  shall  be  added  after  the  first  sentence  to  read : 
‘The  approval  authority  shall  communicate  the  proposed  measures  to  the  other 
authorities without delay.’ 

2) In Article 30(2), the former last sentence shall constitute a new subparagraph. 

12.2.14. Article 31 

In the second subparagraph, the words ‘the Member States’ shall be replaced by the 
words : ‘the Member State’. 

12.2.15. Amendments to Article 34(1) 

The  last  words  ‘approved  by  the  Member  States’  shall  be  replaced  by  the 
words : ‘approved by the approval authority’. 

12.3.  Amendments to the annexes 

12.3.1.  Amendments to Annexes I, III and VI 

In Annex I, Annex III, Annex VI section I Model A, B and C, a new entry 0.9 shall 
be added to read (five times) :  

‘0.9.  Name and address of the manufacturer’s representative (if any) :…………. ’ 

12.3.2.  Amendment to Annex IV 

1) In Annex IV, Part I, Appendix 1, the entry ‘X’ in the fifth column with regard to 
entry 50 (Couplings) shall be replaced by the entry :  

X (2) 
C (4) 

2) In the end-note ‘Key’ to Annex IV, Part I, Appendix 1, the word ‘general’ shall be 
replaced by the word ‘essential’. 

12.3.3.  Amendment to Annex VI 

In Annex VI, model A, the references to Directive 70/156/EEC shall be replaced by 
the words ‘Directive [This Directive…]’ and a cross-reference to footnote (1) shall be 
added after the words ‘by Directive…/…/EC.’ 

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12.3.4.  Amendment to Annex X 

In  Annex X,  Section 0,  first  subparagraph,  the  last  part  of  the  sentence,  from  [to 
ensure  that]  shall  be  amended  to  read :  ‘each  produced  vehicle,  system,  component 
and technical separate unit is in conformity with the approved type.’ 

13. 

AMENDED PROPOSAL 

Having  regard  to  Article  250(2)  of  the  EC  Treaty,  the  Commission  amends  its 
proposal as indicated above. 

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