Amended Proposal for a Directive of the European Parliament and of the Council on passenger hand-holds on two-wheel motor vehicles (codified version) (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2006-06-02
Institutions: European Commission
Subjects: approval, codification of EU law, marketing standard, safety device, two-wheeled vehicle

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.6.2006 
COM(2006) 265 final 

2003/0058 (COD) 

Amended Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on passenger hand-holds on two-wheel motor vehicles 

(Codified Version) 

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

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EXPLANATORY MEMORANDUM 

1. 

2. 

On 27 March 2003 the Commission presented a proposal for a European Parliament 
and  Council  Directive  codifying  Council  Directive  93/32/EEC  of  14  June  1993  on 
passenger hand-holds on two-wheel motor vehicles 1. 

In its opinion of 26 June 2003 the Consultative Working Party of the legal services 
set up under the Interinstitutional Agreement of 20 December 1994 on an accelerated 
working method for official codification of legislative texts2 has stated that the above 
proposal  does  indeed  confine  itself  to  straightforward  codification,  without  any 
substantive changes to the acts covered by it. 

In view of the work already carried out in the Council on the proposal referred to at 
point 1, the Commission has decided to present – in accordance with Article 250(2) 
of the EC Treaty – an amended proposal for codification of the Directive in question. 

This amended proposal also takes account of the purely formal or editorial changes 
proposed  by  the  Consultative  Working  Party  of  Legal  Services,  where  these  are 
considered 
to 
Directive 93/32/EEC4. 

justified3.  This  amended  proposal  also 

includes  corrigenda 

3. 

The changes made in this amended proposal, compared with the initial proposal, are 
the following: 

Recital 1 is replaced by the following: 

“Council  Directive  93/32/EEC  of  14  June  1993  on  passenger  hand-holds  on  two-
wheel  motor  vehicles*  laid down technical prescriptions concerning  the  design and 
construction  of  two-wheel  motor  vehicles  as  regards  their  passenger  hand-holds. 
These  technical  prescriptions  concerned  the  approximation  of  the  laws  of  the 
Member  States  to  allow  for  the  EC  type-approval  procedure  provided  for  in 
Directive 2002/24/EC 
type  of  vehicle. 
Directive 93/32/EEC  has  been  substantially  amended**.  In  the  interests  of  clarity 
and rationality the said Directive should be codified.” 

in  respect  of  each 

to  be  applied 

Recitals 2, 3 and 4 are deleted. 

Recital 5 is replaced by the following: 

“This  Directive  is  one  of  the  separate  Directives  of  the  EC  type-approval  system 
provided  for  in  Directive  2002/24/EC.  Consequently  the  provisions  laid  down  in 
Directive 2002/24/EC relating to vehicle systems, components and separate technical 
units apply to this Directive.” 

1 
2 
3 

4 

COM(2003) 145 final of 27 March 2003. 
OJ C 102, 4.4.1996, p. 2. 
Opinion transmitted to the European Parliament, to the Council, to the Commission and to the European 
Economic and Social Committee on 30 June 2003. 
The corrigenda apply only to the English, Finnish and Swedish versions. 

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Recital 6 is replaced by the following: 

“Since the objective of the action to be taken, namely the granting of EC component 
type-approval  in  respect  of  passenger  hand-holds  on  a  type  of  two-wheel  motor 
vehicle, cannot be sufficiently achieved by the Member States and can therefore, by 
reason of the scale and effects of the action, be better achieved at Community level, 
the Community may adopt measures, in accordance with the principle of subsidiarity 
as  set  out  in  Article  5  of  the  Treaty.  In  accordance  with  the  principle  of 
proportionality, as set out in that Article, this Directive does not go beyond what is 
necessary in order to achieve that objective.” 

Article 6, second paragraph, is added, which reads as follows: 

“It shall apply from […].” 

Annex I, point 1.2, fourth subparagraph: The corrigendum applies only to the Finnish 
version. 

Annex II, Part B: Concerning Directive 93/32/EEC the second column is corrected to 
read “14 December 1994”5. 

4. 

To  facilitate  reading  and  examination,  the  full  text  of  the  amended  proposal  for 
codification is attached hereto. 

5 

OJ L 239, 9.7.2004, p. 36. 

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(cid:208) 93/32/EEC 

2003/0058 (COD) 

Amended Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on passenger hand-holds on two-wheel motor vehicles 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 95 thereof, 

Having  regard  to  Directive  2002/24/EC  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/EEC6, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee7, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty8, 

Whereas: 

(cid:208)  

(1) 

Council Directive 93/32/EEC of 14 June 1993 on passenger hand-holds on two-wheel 
motor  vehicles9  laid  down  technical  prescriptions  concerning  the  design  and 
construction of two-wheel motor vehicles as regards their passenger hand-holds. These 
technical prescriptions concerned the approximation of the laws of the Member States 
to allow for the EC type-approval procedure provided for in Directive 2002/24/EC to 
be  applied  in  respect  of  each  type  of  vehicle.  Directive  93/32/EEC  has  been 

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7 
8 
9 

OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission Directive 2005/30/EC (OJ L 106, 
27.4.2005, p. 17) 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  188,  29.7.1993,  p.  28.  Directive  as  amended  by  Commission  Directive  1999/24/EC  (OJ  L  104, 
21.4.1999, p. 16). 

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substantially  amended10.  In  the  interests  of  clarity  and  rationality  the  said  Directive 
should be codified. 

(2)  ⌦ This  Directive  is  one  of  the  separate  Directives  of  the  EC  type-approval  system 
provided  for  in  Directive  2002/24/EC.  Consequently  the  provisions  laid  down  in 
Directive 2002/24/EC relating to vehicle systems, components and separate technical 
units apply to this Directive. ⌫  

(cid:208) 93/32/EEC Recital 4 (adapted) 

(cid:208) 93/32/EEC Recital (5) 
(adapted) 

(3)  ⌦ Since the objective of the action to be taken, namely the granting of EC component 
type-approval  in  respect  of  passenger  hand-holds  on  a  type  of  two-wheel  motor 
vehicle,  cannot  be  sufficiently  achieved  by  the  Member  States  and  can  therefore,  by 
reason of the scale and effects of the action, be better achieved at Community level, 
the Community may adopt measures, in accordance with the principle of subsidiarity 
as  set  out  in  Article  5  of  the  Treaty.  In  accordance  with  the  principle  of 
proportionality,  as  set  out  in  that  Article,  this  Directive  does  not  go  beyond  what  is 
necessary in order to achieve that objective. ⌫  

(4) 

This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Annex II, Part B, 

(cid:208)  

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 93/32/EEC 

(cid:208) 93/32/EEC (adapted) 

Article 1 

This  Directive  shall  apply  to  passenger  hand-holds  of  all  types  of  two-wheel  ⌦ motor ⌫ 
vehicles as defined in Article 1 of Directive 2002/24/EC. 

10 

See Annex II, Part A. 

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(cid:208) 93/32/EEC 

Article 2 

The  procedure  for  the  granting  of  EC  component  type-approval  in  respect  of  passenger 
hand-holds  on  a  type  of  two-wheel  motor  vehicle  and  the  conditions  governing  the  free 
in  Chapters  II  and  III  of 
movement  of  said  vehicles  shall  be  as 
Directive 2002/24/EC. 

laid  down 

Article 3 

⌦ The ⌫ amendments necessary to adapt the requirements of Annex I to ⌦ this Directive 
to  take  account  of ⌫  technical  progress  shall  be  adopted  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article [⌦ 13(3) ⌫ of Council Directive 70/156/EEC11]. 

(cid:208) 93/32/EEC (adapted) 

(cid:208) 93/32/EEC 

Article 4 

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. 

(cid:208)  

Article 5 

Directive  93/32/EEC,  as  amended  by  the  Directive  listed  in  Annex  II,  Part  A,  is  repealed 
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for 
transposition into national law and application of the Directives set out in Annex II, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex III. 

11 

OJ L 42, 23.2.1970, p. 1. 

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Article 6 

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

It shall apply from […]. 

(cid:208) 93/32/EEC Art. 5 

Article 7 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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(cid:208) 93/32/EEC Annex 

ANNEX I 

1. 

GENERAL REQUIREMENTS 

Where provision is made for carriage of a passenger, the vehicle must be fitted with a 
passenger hand-hold system, which. must take the form of a strap or a hand-grip or 
hand-grips. 

1.1. 

Strap 

(cid:208) 1999/24/EC Art. 1 

The strap must be fitted to the seat or to other parts connected to the frame in such a 
way that it may easily be used by the passenger. The strap and its attachment must be 
designed  in  such  a  way  that  they  withstand,  without  snapping,  a  vertical  traction 
force  of  2 000 N  applied  statically  to  the  centre  of  the  surface  of  the  strap  at  a 
maximum pressure of 2 Mpa. 

1.2. 

Hand-grip 

(cid:208) 93/32/EEC Annex 

If a hand-grip is used it must be close to the saddle and symmetrical to the median 
longitudinal plane of the vehicle. 

This hand-grip must be designed in such a way that it is able to withstand, without 
snapping,  a  vertical  traction  force  of  2 000 N  applied  statically  to  the  centre  of  the 
surface of the hand-grip at a maximum pressure of 2 MPa. 

If  two  hand-grips  are  used  they  must  be  fitted  one  on  each  side  in  a  symmetrical 
manner. 

These  hand-grips  must  be  designed  in  such  a  way  that  each  is  able  to  withstand, 
without snapping, a vertical traction force of 1 000 N applied statically to the centre 
of the surface of the hand-grip at a maximum pressure of 1 MPa. 

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Appendix 1 

Information document in respect of passenger hand-holds on a type of two-wheel motor 
vehicle 

(to be attached to the application for EC component type-approval if this is submitted 
separately from the application for EC vehicle type-approval) 

Order No (assigned by the applicant): ......................................................................................... 

The  application  for  EC  component  type-approval  in  respect  of  passenger  hand-holds  on  a 
two-wheel motor vehicle must contain the information set out under the following points in 
Annex II to Directive 2002/24/EC: 

– 

Part A, sections: 

– 

– 

– 

0.1 

0.2 

0.4 to 0.6; 

– 

Part B, sections: 

– 

1.4 to 1.4.2. included. 

(cid:208) 1999/24/EC Art. 1 

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(cid:208) 93/32/EEC 

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(cid:207)  

ANNEX II 

Part A 

Repealed Directive with its amendment 
(referred to in Article 5) 

Council Directive 93/32/EEC 

(OJ L 188, 29.7.1993, p. 28) 

Commission Directive 1999/24/EC 

(OJ L 104, 21.4.1999, p. 16) 

Part B 

List of the time-limits for transposition into national law and application 
(referred to in Article 5) 

Directive 

Time-limit for transposition 

Date of application  

93/32/EEC 

14 December 1994 

14 June 1995(*) 

1999/24/EC 

31 December 1999 

1 January 2000(**) 

_____________ 

(*) 

In conformity with the third subparagraph of Article 4(1) of Directive 93/32/EEC: 

"From  the  date  mentioned  in  the  first  subparagraph  Member  States  may  not,  for 
reasons  connected  with  the  passenger  hand-holds,  prohibit  the  initial  entry  into 
service of vehicles which conform to this Directive". 

(**) 

In conformity with Article 2 of Directive 1999/24/EC: 

"1. With effect from 1 January 2000, Member States shall not, on grounds relating to 
passenger hand-holds: 

– 

– 

refuse, in respect of a type of two-wheel vehicle or a type of passenger hand-
hold, to grant EC type-approval, 

prohibit the registration, sale or entry into service of two-wheel motor vehicles 
or the sale or entry into service of passenger hand-holds, 

if 
the  passenger  hand-holds  comply  with 
Directive 93/32/EEC, as amended by this Directive. 

the 

requirements  of  Council 

2.  With  effect  from  1  July  2000,  Member  States  shall  refuse  to  grant  EC 
type-approval  for  any  type  of  two-wheel  motor  vehicle  on  grounds  relating  to 
passenger  hand-holds  or  any  type  of  passenger  hand-hold,  if  the  requirements  of 
Directive 93/32/EEC, as amended by this Directive, are not fulfilled." 

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ANNEX III 

CORRELATION TABLE 

Directive 93/32/EEC 

This Directive 

Articles 1, 2 and 3 

Articles 1, 2 and 3 

Article 4(1) 

Article 4(2) 

– 

– 

Article 5 

Annex 

Appendix 1 

Appendix 2 

– 

– 

– 

Article 4 

Article 5 

Article 6 

Article 7 

Annex I 

Appendix 1 

Appendix 2 

Annex II 

Annex III 

_____________ 

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