Commission Directive 2005/11/EC of 16 February 2005 amending, for the purposes of its adaptation to technical progress, Council Directive 92/23/EEC relating to tyres for motor vehicles and their trailers and to their fittingText with EEA relevance
Date: 2005-02-16
Institutions: European Commission
Subjects: Community certification, industrial research, pneumatic tyre, research body, testing

L 46/42

EN

Official Journal of the European Union

17.2.2005

COMMISSION DIRECTIVE 2005/11/EC

of 16 February 2005

amending, for the purposes of its adaptation to technical progress, Council Directive 92/23/EEC
relating to tyres for motor vehicles and their trailers and to their fitting

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to 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 (1), and in particular Article 13(2) thereof,

(5)

(6)

Having regard to Council Directive 92/23/EEC of 31 March
1992 relating to tyres for motor vehicles and their trailers
and to their fitting (2), and in particular Article 10 thereof,

In line with the development of superior tyres due to
technical progress, the related test procedures need to
be more and more sophisticated. There is currently no
test capacity outside that of
tyre manufacturers that
would be able to cope with the high number of tests
needed.

Directive 92/23/EEC should therefore be
accordingly.

amended

The measures provided for
in this Directive are in
accordance with the opinion of the Committee for Adap-
tation to Technical Progress established by Article 13(1)
of Directive 70/156/EEC,

Whereas:

(1)

(2)

(3)

Directive 92/23/EEC is one of the separate Directives of
the EC type-approval procedure established by Directive
70/156/EEC.

as

amended

92/23/EEC

Directive
by Directive
2001/43/EC provides the possibility for type-approval
authorities to accept tyre manufacturers’ laboratories as
approved test laboratories until 31 December 2005. The
experience with this provision has been very positive and
therefore the possibility should be continued and that
deadline should be removed.

Technical progress in the tyre-producing sector is very
fast. Due to strong demand from consumers and the car
industry, the production cycles of tyres become faster
and the variety of tyre types is constantly increasing.
This situation is expected to become even more critical
in the future since very expensive or unique test instal-
lations and expertise will be required. In order to be able
to bring the newly developed products on to the market
without delay, a sufficient number of test facilities, which
can be used in a flexible manner, is indispensable.

HAS ADOPTED THIS DIRECTIVE:

Article 1

Point 1.3 of Annex I to Directive 92/23/EEC is replaced by the
following:

‘1.3. The approval authority may accept the laboratories of
laboratories

the tyre manufacturers as approved test
pursuant to Article 14(1) of Directive 70/156/EEC.’

Article 2

the latest,

1. Member States shall adopt and publish, by 31 December
2005 at
the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

They shall apply those provisions from 1 January 2006.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

(1) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission

Directive 2004/104/EC (OJ L 337, 13.11.2004, p. 13).

(2) OJ L 129, 14.5.1992, p. 95. Directive as last amended by Directive
2001/43/EC of the European Parliament and of the Council
(OJ
L 211, 4.8.2001, p. 25).

2. 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.

17.2.2005

EN

Official Journal of the European Union

L 46/43

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of
the European Union.

Article 3

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 16 February 2005.

For the Commission

Günter VERHEUGEN
Vice-President