Commission Directive 2005/49/EC of 25 July 2005 amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles and Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers Text with EEA relevance
Date: 2005-07-25
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, electromagnetic interference, electronic equipment, motor car, remote sensing, road safety, vehicle registration, waveband

L 194/12

EN

Official Journal of the European Union

26.7.2005

COMMISSION DIRECTIVE 2005/49/EC

of 25 July 2005

amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC
relating to the radio interference (electromagnetic compatibility) of vehicles and Council Directive
70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of
motor vehicles and their trailers

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

equipment the 79 GHz range radio spectrum band on
a non-interference and non-protected basis. However, the
technology in the 79 GHz range radio spectrum band is
still under development and is not immediately available
on a cost-effective basis.

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,

(4)

Having regard to Council Directive 72/245/EEC relating to the
radio interference (electromagnetic compatibility) of vehicles (2),
and in particular Article 4 thereof,

Whereas:

has

been

permitted

automotive

the 24 GHz range

time-limited use of

short-range
by

radio
The
radars
spectrum band for
equipment
Decision
2005/50/EC. The technology using this frequency band
is available in the short-term at a reasonable cost, which
will make it possible to quickly evaluate the effectiveness
of
the deployment of automotive short-range radar
equipment as regards road safety. However, the use of
radars of that technology has to be limited to avoid
interference with other
the
24 GHz range radio spectrum band.

applications

that use

(1)

(2)

Directive 72/245/EEC is one of the separate directives
under
established by
Directive 70/156/EEC.

type-approval procedure

the

radar

equipment,

short-range

In order to improve safety of vehicles by encouraging
development and deployment of technologies utilising
the
automotive
Commission has harmonised by Commission Decision
2004/545/EC of 8 July 2004 on the harmonisation of
radio spectrum in the 79 GHz range for the use of
in
automotive
the
Community (3)
Decision
2005/50/EC of 17 January 2005 on the harmonisation
of the 24 GHz range radio spectrum band for the time-
limited use by automotive short-range radar equipment
in the Community (4), the use of two radio spectrum
frequency bands.

short-range
and

Commission

equipment

radar

by

(3)

The 79 GHz range radio spectrum band has been iden-
tified as the most suitable band for long-term devel-
opment and deployment of automotive short-range
radar. Accordingly Decision 2004/545/EC designated
and made available for automotive short-range radar

(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 152, 6.7.1972, p. 15. Directive as last amended by Directive

2004/104/EC.

(3) OJ L 241, 13.7.2004, p. 66.
(4) OJ L 21, 25.1.2005, p. 15.

(5)

(6)

Decision 2005/50/EC permits the use of 24 GHz radar
equipment only when originally installed in new vehicles
or when replacing one so installed and for a period
ending 30 June 2013 at the latest. However, according
to Article 5 of Decision 2005/50/EC, that date may be
advanced.

In accordance with Decision 2005/50/EC, Member States
have to set up a monitoring system aiming to quantify
the number of vehicles equipped with 24 GHz short-
range radars equipment registered in their territory. It is
therefore necessary to provide Member States with the
appropriate means to carry out this monitoring.

(7)

Directive 72/245/EEC should therefore be amended
accordingly.

(8)

The amendments
impact on Directive 70/156/EEC.
is
necessary to amend that directive accordingly.

to Directive 72/245/EEC have an
therefore

It

26.7.2005

EN

Official Journal of the European Union

L 194/13

(9)

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

Article 2

Amendment to Directive 70/156/EEC

Directive 70/156/EEC is amended as follows.

HAS ADOPTED THIS DIRECTIVE:

Article 1

Amendment to Directive 72/245/EEC

Directive 72/245/EEC is amended as follows:

1. In Annex I, the following points are inserted after point

2.1.12.2:

‘2.1.13.

“24 GHz short-range radar equipment” means a
radar as defined in Article 2(2) of Commission
the
satisfying
Decision
performance requirements of Article 4 of
that
Decision.

2005/50/EC (*),

and

2.1.14.

“79 GHz short-range radar equipment” means a
radar as defined in Article 2(b) of Commission
the
Decision 2004/545/EC (**),
and satisfying
performance requirements of Article 3 of
that
Decision.

___________

(*) OJ L 21, 25.1.2005, p. 15.
(**) OJ L 241, 13.7.2004, p. 66.’

2. In Annex II A, the following points are inserted after point

12.2.7:

1. In Annexes I and III, the following points are inserted after

point 12.6.4:

‘12.7.1. vehicle equipped with a 24 GHz short-range radar
equipment: Yes/No (strike out which is not
applicable)

12.7.2.

vehicle equipped with a 79 GHz short-range radar
equipment: Yes/No (strike out which is not
applicable)’.

2. In Annex IX on Side 2 of all models of the Certificate of
conformity (COC), item 50 is replaced by the following:

‘50.

Remarks

50.1. vehicle equipped with a 24 GHz short-range radar
equipment: Yes/No (strike out which is not applicable)

50.2. vehicle equipped with a 79 GHz short-range radar
equipment: Yes/No (strike out which is not applicable)

50.3. Other remarks ...................................................................... ’.

Article 3

Transitional provisions

‘12.7.1. vehicle equipped with a 24 GHz short-range radar
equipment: Yes/No (strike out which is not
applicable)

1. With effect from 1 July 2006, if the provisions laid down
in Directive 72/245/EEC, as amended by this Directive, are not
fulfilled, Member States, on grounds related to electromagnetic
compatibility:

12.7.2.

vehicle equipped with a 79 GHz short-range radar
equipment: Yes/No (strike out which is not
applicable)’.

3. In the appendix to Annex III A the following points are

inserted after point 1.3:

(a) shall consider certificates of conformity which accompany
new vehicles in accordance with the provisions of Directive
70/156/EEC to be no longer valid for the purposes of
Article 7(1) of that Directive;

(b) may refuse the registration, sale or entry into service of new

vehicles.

‘1.3.1. vehicle equipped with a 24 GHz short-range radar
equipment: Yes/No (strike out which is not
applicable)

Existing approvals for vehicles not
79 GHz short-range radar equipment remain unchanged.

fitted with 24 GHz or

1.3.2.

vehicle equipped with a 79 GHz short-range radar
equipment: Yes/No (strike out which is not
applicable)’.

2. With effect
shall
prohibit the registration, sale or entry into service of vehicles
equipped with 24 GHz short-range radar equipment.

from 1 July 2013, Member States

L 194/14

EN

Official Journal of the European Union

26.7.2005

In case the reference date in Article 2(5) of Decision
3.
2005/50/EC is modified in accordance with Article 5 of that
Decision, Member States shall prohibit the registration, sale or
entry into service of vehicles equipped with 24 GHz short-
range radar equipment after the modified reference date.

Article 4

Transposition

1. Member States shall adopt and publish, by 30 June 2006
at the latest, 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.

2. Member States shall communicate to the Commission the
texts of the main provisions of national law, which they adopt
in the field governed by this Directive.

Article 5

Entry into force

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

Article 6

Addressees

This Directive is addressed to the Member States.

They shall apply those provisions from 1 July 2006.

Done at Brussels, 25 July 2005.

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

For the Commission

Günter VERHEUGEN
Vice-President