Commission Directive 2006/28/EC of  6 March 2006  amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC of  20 June 1972  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: 2006-03-06
Institutions: European Commission
Subjects: approximation of laws, electronic equipment, motor car, remote sensing, waveband

7.3.2006

EN

Official Journal of the European Union

L 65/27

COMMISSION DIRECTIVE 2006/28/EC

of 6 March 2006

amending, for the purposes of their adaptation to technical progress, Council Directive 72/245/EEC
of 20 June 1972 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,

(3)

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,

Having regard to Council Directive 72/245/EEC of 20 June
1972 relating to the radio interference (electromagnetic compat-
ibility) of vehicles (2), and in particular Article 4 thereof,

Whereas:

(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
automotive
the
Commission has harmonised the use of
two radio
spectrum frequency bands 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).

short-range
and

Commission

equipment

radar

by

In accordance with Decision 2005/50/EC, the use of 24
GHz automotive short-range radar equipment is time-
limited and Member States have to set up a monitoring
system aiming to quantify the number of vehicles
equipped with 24 GHz short-range radar equipment
registered in their territory.

Directive 72/245/EEC, as amended by Commission
Directive 2005/49/EC (5), provided Member States with
the appropriate means to carry out
this monitoring.
Directive 70/156/EEC was amended accordingly by that
Directive.

the way to
Since then it has become obvious that
provide these data can be simplified for 24 GHz short-
range radar equipment and that it is unnecessary for
monitoring purposes to require information about the
use of 79 GHz short-radar equipment in the Certificate
in addition to the information
of Conformity (CoC)
about the 24 GHz short range radar equipment, since
the 79 GHz band does not interfere with other appli-
cations and its use is not restricted. It is therefore appro-
priate to modify requirements related to the use of 24
GHz
delete
requirements related to the use of 79 GHz short-range
radar equipment in Directive 72/245/EEC. This Directive
does not affect
the validity of existing approvals for
vehicles not fitted with 24 GHz short range radars.

short-range

equipment

radar

and

given in Annex

Only Technical Services issue attestations according to
the model
III C of Directive
72/245/EEC. No further authority or administration is
additional
involved in this process. Therefore,
stamping of
required is
the
dispensable and shall be removed.

attestation presently

the

(4)

(5)

(6)

(7)

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

(1) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive
2005/64/EC of the European Parliament and of the Council
(OJ
L 310, 25.11.2005, p. 10).

(2) OJ L 152, 6.7.1972, p. 15. Directive as

last amended by
Commission Directive 2005/83/EC (OJ L 305, 24.11.2005, p. 32).

(8)

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

to Directive 72/245/EEC have an
therefore

is

It

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

(5) OJ L 194, 26.7.2005, p. 12.

L 65/28

EN

Official Journal of the European Union

7.3.2006

(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,

HAS ADOPTED THIS DIRECTIVE:

Article 1

(b) Point 12.7.2 is deleted.

2. Annex III, Part I, Section A is amended as follows:

(a) Point 12.7.1 is replaced by the following:

Amendment to Directive 72/245/EEC

Directive 72/245/EEC is amended as follows:

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

1. In Annex I, point 2.1.14 is deleted.

2. Annex II A is amended as follows:

(a) Point 12.7.1 is replaced by the following:

(b) Point 12.7.2 is deleted.

3. Annex IX, on side two of all models of the Certificate of

Conformity (COC), is amended as follows:

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

(a) Point 50 is replaced by the following and a footnote is

added as follows:

(b) Point 12.7.2 is deleted.

3. The appendix to Annex III A is amended as follows:

(a) Point 1.3.1 is replaced by the following:

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

(b) Point 1.3.2 is deleted.

4. In Annex III C,

the words

‘Stamp of administration’

including the surrounding box are deleted.

Article 2

Amendment to Directive 70/156/EEC

Directive 70/156/EEC is amended as follows:

1. Annex I is amended as follows:

(a) Point 12.7.1 is replaced by the following:

‘50. Remarks (1):
___________
(1) If the vehicle is equipped with 24 GHz short-range
radar equipment according to Decision 2005/50/EC,
“Vehicle
the manufacturer must
equipped with 24 GHz short-range radar equipment”.’

indicate here:

(b) Points 50.1, 50.2 and 50.3 are deleted.

Article 3

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.

They shall apply those provisions from 1 July 2006.

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.

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

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.

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Official Journal of the European Union

L 65/29

Article 4

Entry into force

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

Article 5

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 6 March 2006.

For the Commission

Günter VERHEUGEN
Vice-President