Commission Directive 2006/20/EC of  17 February 2006  amending, for the purposes of its adaptation to technical progress, Council Directive 70/221/EEC concerning fuel tanks and rear underrun protection of motor vehicles and their trailers   (Text with EEA relevance)
Date: 2006-02-17
Institutions: European Commission
Subjects: Community certification, commercial vehicle, motor vehicle, safety device

L 48/16

EN

Official Journal of the European Union

18.2.2006

COMMISSION DIRECTIVE 2006/20/EC

of 17 February 2006

amending, for the purposes of its adaptation to technical progress, Council Directive 70/221/EEC
concerning fuel tanks and rear underrun protection 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

(4)

(5)

Directive 70/221/EEC should therefore be amended
accordingly.

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

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 the second indent of Article 13(2)
thereof,

HAS ADOPTED THIS DIRECTIVE:

Having regard to Council Directive 70/221/EEC of 20 March
1970 on the approximation of the laws of the Member States
relating to liquid fuel tanks and rear underrun protection of
motor vehicles and their trailers (2), and in particular Article 3
thereof,

Whereas:

(1)

(2)

(3)

Directive 70/221/EEC is one of the separate Directives in
the context of the Community type-approval procedure
laid down in Directive 70/156/EEC. The provisions of
Directive 70/156/EEC relating to systems, components
and separate technical units for vehicles therefore apply
to Directive 70/221/EEC.

In order to increase the level of protection, rear underrun
protection devices
should be required to withstand
increased force levels, and account should be taken of
vehicles using air suspension units.

In view of technical progress, and the advances made in
vehicle use with regard to the installation of vehicle
platform lifts, it is appropriate that account be taken of
platform lifts in the context of the installation of rear
underrun protection devices.

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

the European Parliament and of

2005/64/EC of
(OJ L 310, 25.11.2005, p. 10).

(2) OJ L 76, 6.4.1970, p. 23. Directive as last amended by the 2003 Act

of Accession.

Article 1

Annex II to Directive 70/221/EEC is amended in accordance
with the Annex to this Directive.

Article 2

1. With effect from 11 September 2007, if the requirements
laid down in Directive 70/221/EEC, as amended by this
Directive, are not complied with, a Member State, on grounds
related to rear underrun protection:

(a) shall refuse to grant EC type-approval or national type-

approval of a type of vehicle;

(b) shall refuse to grant EC type-approval or national type-
approval of a rear underrun protection device, as a
separate technical unit,

2. With effect from 11 March 2010, if the requirements laid
down in Directive 70/221/EEC, as amended by this Directive,
are not complied with, a Member State, on grounds related to
rear underrun protection:

(a) shall refuse the registration or prohibit the sale or entry into

service of new vehicles;

(b) shall prohibit

the sale or entry into service of a rear

underrun protection device, as a separate technical unit.

18.2.2006

EN

Official Journal of the European Union

L 48/17

Article 3

Article 4

the latest,

1. Member States shall adopt and publish, before 11 March
2007 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.

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 5

They shall apply those provisions from 11 March 2007.

This Directive is addressed to the Member States.

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.

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

Done at Brussels, 17 February 2006.

For the Commission

Günter VERHEUGEN
Vice-President

L 48/18

EN

Official Journal of the European Union

18.2.2006

ANNEX

Annex II to Directive 70/221/EEC is amended as follows:

1. the following section 5.1a is inserted:

‘5.1a. The vehicle shall be tested under the following conditions:

— it must be at rest on a level, flat, rigid and smooth surface,

— the front wheels must be in the straight-ahead position,

— tyres must be inflated to the pressure recommended by the vehicle manufacturer,

— the vehicle may, if necessary to achieve the test forces required, be restrained by any method specified by the

vehicle manufacturer,

— if the vehicle is equipped with hydropneumatic, hydraulic or pneumatic suspension or a device for automatic
levelling according to load, it must be tested with the suspension or device in the normal running condition
specified by the manufacturer.’;

2. point 5.4.5.2 is replaced by the following:

‘5.4.5.2. A horizontal force corresponding to 25 % of the maximum technically permissible mass of the vehicle but

not exceeding 5 × 104N must be applied successively to both points P1 and to point P3;’

3. the following section 5.4a is inserted:

‘5.4a.

For vehicles fitted with a platform lift the fitting of the underrun device may be interrupted for the purposes of
the mechanism. In such cases, the following must apply:

5.4a.1. the lateral distance between the fitting elements of the underrun device and the elements of the platform lift,

which make the interruption necessary, may amount to no more than 2,5 cm;

5.4a.2. the individual elements of the underrun protection device must, in each case, have an effective surface area of

at least 350 cm2;

5.4a.3. the individual elements of the underrun protection device must be of sufficient dimensions to comply with the
requirements of paragraph 5.4.5.1, whereby the relative positions of the test points are determined. If the
points P1 are located within the interruption area mentioned in 5.4a, the points P1 to be used will be located
in the middle of any lateral section of the rear underrun protection device;

5.4a.4. for the area of interruption of the underrun device and for the purposes of the platform lift, point 5.4.1. need

not apply.’