Proposal for a Directive of the European Parliament and of the Council on statutory markings for two- or three-wheel motor vehicles (Codified version)
Date: 2008-05-26
Institutions: European Commission
Subjects: approval, codification of EU law, harmonisation of standards, motor vehicle, technical standard, transport regulations, two-wheeled vehicle, vehicle registration

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.5.2008 
COM(2008)318 final 

2008/0099 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on statutory markings for two- or three-wheel motor vehicles 

(Codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 93/34/EEC of 14 June 1993 on statutory markings for two- or three-wheel 
motor  vehicles3.  The  new  Directive  will  supersede 
the  various  Directives 
incorporated  in  it4;  their  content  is  fully  preserved,  and  they  are  brought  together 
with only such formal amendments as are required by the codification exercise itself. 

is 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council - Codification of the acquis communautaire, COM(2001) 645 final. 
Annex II, Part A of this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Directive  93/34/EEC  and  the  instruments  amending  it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex III to the codified Directive. 

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(cid:208) 93/34/EEC (adapted) 

2008/0099 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on statutory markings for two- or three-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 the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee1, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty2, 

Whereas: 

(1) 

Council Directive 93/34/EEC of 14 June 1993 on statutory markings for two- or three-
wheel motor vehicles3 has been substantially amended several times4. In the interests 
of clarity and rationality the said Directive should be codified. 

(cid:208)  

(cid:208) 1999/25/EC Recital 1 (adapted) 

(2)  ⌦ Directive  93/34/EEC  is  one  of  the  separate  Directives  of  the  EC  type-approval 
replaced  by 
system  provided 
Directive 2002/24/EC  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/EEC5  and  lays  down  technical  prescriptions 

in  Council  Directive  92/61/EEC,  as 
the  European  Parliament  and  of 

for 

1 
2 
3 

4 
5 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 188, 29.7.1993, p. 38. Directive as last amended by Commission Directive 2006/27/EC (OJ L 66, 
8.3.2006, p. 7). 
See Annex II, Part A. 
OJ  L  124,  9.5.2002,  p.  1.  Directive  as  last  amended  by  Council  Directive  2006/96/EC  (OJ  L  363, 
20.12.2006, p. 81). 

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the  statutory  markings.  These 

concerning  the  design  and  construction  of  two  or  three-wheel  motor  vehicles  as 
the 
regards 
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. Consequently the provisions laid down in Directive 2002/24/EC relating to 
vehicle systems, components and separate technical units apply to this Directive. ⌫ 

technical  prescriptions  concern 

(cid:208) 93/34/EEC Recital 6 

(3)  With  regard  to  the  statutory  markings  applicable  to  two-  or  three-wheel  motor 
vehicles, this Directive should not prevent certain Member States from retaining, on a 
non-discriminatory basis, specific mandatory provisions for the purposes of applying 
traffic  regulations,  provided  that  such  specific  requirements  concern  the  use  of  these 
vehicles and do not involve any modifications in their construction likely to create an 
obstacle to Community type-approval of this type of vehicle. 

(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) 93/34/EEC 

(cid:208) 93/34/EEC (adapted) 

Article 1 

This Directive applies to the statutory markings for all types of vehicle as defined in Article 1 
of Directive ⌦ 2002/24/EC ⌫. 

Article 2 

The  procedure  for  the  granting  of  EC  component  type-approval  in  respect  of  the  statutory 
markings  for  a  type  of  two-  or  three-wheel  motor  vehicle  and  the  conditions  governing  the 
free  movement  of  such  vehicles  shall  be  as  laid  down  in  Chapters  II  and  III  of  Directive  
⌦ 2002/24/EC ⌫. 

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Article 3 

⌦ The  amendments  necessary  to  adapt  the  requirements  of  Annex  I  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/EEC6]. ⌫ 

Article 4 

1. Member States may not, for reasons connected with statutory markings, prohibit the initial 
entry into service of vehicles which comply with 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. 

(cid:208) 

Article 5 

Directive  93/34/EEC,  as  amended  by  the  Directives  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 set out in Annex III. 

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 […]. 

6 

OJ L 42, 23.2.1970, p. 1. 

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(cid:208) 93/34/EEC 

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) 93/34/EEC (adapted) 

ANNEX I 

REQUIREMENTS CONCERNING STATUTORY MARKINGS FOR TWO- OR 
THREE-WHEEL MOTOR VEHICLES 

1. 

GENERAL 

1.1. 

All  vehicles  must  receive  a  plate  and  markings  as  described  below.  That  plate  and 
those markings must be affixed by the manufacturer or his authorised representative. 

2. 

MANUFACTURER'S DATA PLATE 

2.1. 

A  manufacturer's  data  plate,  ⌦ an  example ⌫  of  which  is  shown  in  Appendix  1 
must be firmly attached, at an easily accessible point, to a part which is normally not 
likely to be replaced during use; it must be easily legible and contain the following 
information in an indelible form, in the following order: 

2.1.1. 

name of manufacturer; 

2.1.2. 

type-approval mark as described in Article 8 of Directive ⌦ 2002/24/EC ⌫ ; 

2.1.3. 

the vehicle identification number (VIN); 

2.1.4. 

the static sound level: … dB(A) … min-1. 

(cid:208) 1999/25/EC Art. 1 and Annex 
pt. 1 

(cid:208) 93/34/EEC 

2.2. 

The type-approval mark as required by point 2.1.2., the static sound level value and 
the  number  of  rev/minute  as  required  by  point  2.1.4.  are  not  included  in  the  EC 
component 
those  pieces  of 
information  must  be  attached  to  all  vehicles  manufactured  in  conformity  with  the 
type that has been approved. 

type-approval  of  statutory  markings.  However, 

2.3. 

Manufacturers  may  affix  additional  information  below  or  to  one  side  of  the 
mandatory  markings,  outside  a  clearly  marked  rectangle  which  contains  only  the 
information required by points 2.1.1. to 2.1.4. (see Appendix 1). 

3. 

VEHICLE IDENTIFICATION NUMBER 

The vehicle identification number consists of a structured combination of characters 
assigned to each vehicle by their manufacturer. Its purpose is to enable any vehicle to 

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be identified unambiguously via its manufacturer — without any need for any other 
information — for a period of 30 years. The identification must meet the following 
requirements: 

3.1. 

the vehicle identification number must be entered on the manufacturer's data plate. It 
must also be hammered or punched in such a way as to avoid obliteration or change 
on the chassis or frame at a point such that it can easily be accessible, and it must be 
situated on the right half of the vehicle; 

3.1.1. 

the vehicle identification number must be in three parts as indicated hereafter: 

3.1.1.1.  the  first  part  consists  of  a  code  assigned  to  the  vehicle  manufacturer  enabling  that 
person  to  be  identified.  The  code  shall  consist  of  three  characters  (letters  or  digits) 
issued by the competent authorities in the country in which the manufacturer has his 
registered address in line with the practice of the international agency acting on the 
authorisation  of  the  International  Organization  for  Standardization  (ISO).  The  first 
character designates a geographical area, the second a country within a geographical 
area  and  the  third  character  a  particular  manufacturer.  Where  the  manufacturer 
produces less than 500 vehicles per year the third character is always a 9. In order to 
identify  that  manufacturer  the  authority  referred  to  above  shall  also  issue  the  third, 
fourth and fifth characters of the third part; 

(cid:208) 2006/27/EC Art. 2 and 
Annex II 

3.1.1.2.  the  second  part  consists  of  six  characters  (letters  or  digits)  for  the  purpose  of 
describing the general characteristics of the vehicle (type, variant, and in the case of 
mopeds, version); each characteristic may be represented by several characters. If its 
manufacturer does not use one or more of those characters the unused spaces must be 
filled  by  alphabetical  or  numerical  characters,  the  choice  being  left  to  the 
manufacturer; 

3.1.1.3.  the  third  part  consists  of  eight  characters,  the  last  four  of  which  are  required  to  be 
numerical  and,  in  combination  with  the  two  other  parts,  must  enable  a  particular 
vehicle to be clearly identified. Any unused position must be filled by a 0 in order to 
obtain the requisite total number of characters; 

(cid:208) 93/34/EEC 

(cid:208) 1999/25/EC Art. 1 and Annex 
pt. 3 

3.1.2. 

the vehicle identification number must, wherever possible, occupy a single line. The 
beginning  and  end  of  this  line  must  be  marked  by  a  symbol  which  is  neither  an 
Arabic numeral nor a capital Latin letter, nor must it be possible to confuse this with 
any such character. 

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By  way  of  an  exception  and  for  technical  reasons  it  may  also  occupy  two  lines. 
However, in this case there must be no breaks within any of the three parts and the 
beginning  and  end  of  each  line  must  be  marked  by  a  symbol  which  is  neither  an 
Arabic numeral nor a capital Latin letter, nor must it be possible to confuse this with 
any such character. 

The introduction of said symbol within a line between the three parts (point 3.1.1) is 
also authorised. 

There must be no spaces between the characters. 

(cid:208) 93/34/EEC 

4. 

CHARACTERS 

4.1. 

Latin letters and Arabic numerals must be used for all of the markings provided for 
in points 2 and 3. However, the Latin letters used for the information provided for in 
points 2.1.1, 2.1.3 and 3 must be capital letters. 

4.2. 

In the vehicle identification number: 

4.2.1. 

letters I, O and Q, or dashes, asterisks or other specific signs are prohibited; 

4.2.2. 

letters and figures shall have the following minimum heights: 

4.2.2.1.  4 mm in the case of characters entered directly on the chassis or frame or any other 

similar vehicle structure; 

4.2.2.2.  3 mm in the case of characters entered on the manufacturer's data plate. 

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Appendix 1 

Example of manufacturer's data plate 

The example below in no way affects the information actually set out on manufacturer's data 
plates, nor the dimensions of the plate itself, the figures or letters. It is given solely by way of 
an example. 

The additional information referred to in point 2.3 may be entered below or on one side of the 
information required in the following rectangle. 

Legend: 

In  the  above  example  of  a  plate  the  vehicle  concerned  has  been  made  by  “Stella  Fabbrica 
Motocicli” and type-approved in Italy (e3), under number 5364. 

The identification number (3GSKLM3AC8B120000) gives the following information: 

– 

first part (3GS): 

– 

– 

– 

3: 

G: 

S: 

geographical area (Europe); 

country within the geographical area (Germany); 

manufacturer (Stella Fabbrica Motocicli); 

– 

second part (KLM3AC): 

– 

KL: 

type of vehicle; 

–  M3: 

variant (vehicle bodywork); 

– 

AC: 

version (vehicle engine); 

– 

third part (8B120000): 

– 

8B12:  identification of the vehicle and combination of the two other parts of 

the identification number; 

– 

0000: unused positions that have been filled by a 0 in order to make up the total 

number of characters required. 

The static sound level is 80 dB(A) at 3 750 rev/min. 

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(cid:208) 93/34/EEC (adapted) 

Appendix 2 

Information document in respect of the statutory markings for a type of two or three-
wheel motor vehicle  

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

Order number (assigned by the applicant): …………………………………………………… 

The  application  for  an  EC  component  type-approval  in  respect  of  statutory  markings  for  a 
type  of  two  or  three-wheel  motor  vehicle  shall  contain  the  information  set  out  under  the 
following points in Part I, Section A of Annex II to Directive ⌦ 2002/24/EC ⌫ : 

– 

– 

– 

– 

0.1 

0.2 

0.4 to 0.6 

9.3.1 to 9.3.3. 

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(cid:208) 93/34/EEC 

Appendix 3 

Name of administration 

EC component type-approval certificate in respect of statutory markings for a 
type of two- or three-wheel motor vehicles 

MODEL 

Report No ............................ by technical service ........................... date .......................... 

EC component type-approval No: ........................... Extension No: .................................. 

1. 

2. 

3. 

Trade mark or name of vehicle: …………………………………………………. 

Type of vehicle: .............................................…………………………………… 

Manufacturer’s name and address: …………………………………………….... 

………………………………………………………………………………….. 

4. 

Name and address of manufacturer’s representative (if any): …………………… 

………………………………………………………………………………… 

Date vehicle submitted for test: ………………………………………………… 

EC component type-approval granted/refused1: 

Place: ………………………………………………………………………… 

Date: …………………………………………………………………………. 

Signature: ……………………………………………………………………… 

5. 

6. 

7. 

8. 

9. 

_________________ 
1 

Delete as appropriate. 

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(cid:207)  

ANNEX II 

Part A 

Repealed Directive with list of its successive amendments  
(referred to in Article 5) 

Council Directive 93/34/EEC 
(OJ L 188, 29.7.1993, p. 38) 

Commission Directive 1999/25/EC 
(OJ L 104, 21.4.1999, p. 19) 

Commission Directive 2006/27/EC 
(OJ L 66, 8.3.2006, p. 7) 

Article 2 and Annex II only 

Part B 

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

Directive 

Time-limit for 
transposition 

Date of application  

93/34/EEC 

1999/25/EC 

2006/27/EC 

14 December 1994 

14 June 1995 

31 December 1999 

1 January 2000(*) 

31 December 2006(**) 

1 January 2007 

(*) 

In conformity with Article 2 of Directive 1999/25/EC: 

“1.  With  effect  from  1  January  2000,  Member  States  shall  not,  on  grounds  relating  to  statutory 

markings: 

– 

– 

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

prohibit the registration, sale or entry into service of two- or three-wheel motor vehicles, 

if  the  statutory  markings  comply  with  the  requirements  of  Council  Directive 93/34/EEC  as 
amended by this Directive. 

2.  With effect from 1 July 2000, Member States shall refuse to grant EC type-approval for any 
type of two- or three-wheel motor vehicle on grounds relating to the statutory markings if the 
requirements of Directive 93/34/EEC, as amended by this Directive, are not fulfilled.” 

(**) 

In conformity with Article 5 of Directive 2006/27/EC: 

“1.  With effect from 1 January 2007, with respect to two- or three- wheel vehicles which comply 
with the provisions laid down in Directives [...], 93/34/EEC, [...] respectively, as amended by 
this  Directive,  Member  States  shall  not,  on  grounds  relating  to  the  subject  matter  of  the 

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Directive concerned, refuse to grant EC type-approval or prohibit the registration, sale or entry 
into service of such a vehicle. 

2.  With effect from 1 July 2007, Member States shall refuse, on grounds relating to the subject 
matter of the Directive concerned, to grant EC type-approval to any new type of two- or three-
wheel motor vehicle which does not comply with the provisions laid down in Directives [...], 
93/34/EEC, [...] respectively, as amended by this Directive.” 

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ANNEX III 

CORRELATION TABLE 

Directive 93/34/EEC 

This Directive 

Articles 1, 2 and 3 

Articles 1, 2 and 3 

Article 4(1), first and second subparagraphs  — 

Article 4(1), third subparagraph 

Article 4(1) 

Article 4(1), fourth subparagraph 

— 

Article 4(2) 

Article 4(2) 

— 

— 

Article 5 

Annex 

— 

— 

Article 5 

Article 6 

Article 7 

Annex I 

Annex II 

Annex III 

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