Commission Directive 2009/19/EC of 12 March 2009 amending, for the purposes of its adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles (Text with EEA relevance)
Date: 2009-03-12
Institutions: European Commission
Subjects: approximation of laws, electronic equipment, motor car, remote sensing, waveband

14.3.2009

EN

Official Journal of the European Union

L 70/17

COMMISSION DIRECTIVE 2009/19/EC

of 12 March 2009

amending, for the purposes of its adaptation to technical progress, Council Directive 72/245/EEC
relating to the radio interference (electromagnetic compatibility) of vehicles

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

(3)

the European
Having regard to Directive 2007/46/EC of
Parliament and of the Council of 5 September 2007 estab­
lishing a framework for the approval of motor vehicles and
and separate
their
(Framework
technical
Directive) (1), and in particular Article 39(2) thereof,

components
such vehicles

intended

systems,

and of

trailers,

units

for

Whereas:

(4)

(5)

before the end of the transition period, if that attestation
should still be required in addition to the Declaration of
Conformity.

to Directive
As foreseen in point 3.2.9 of Annex I
the
that
72/245/EEC and having regard to the fact
European Commission has not
received any reports
from Member States concerning cases of refusal of attes­
tation, it is now proposed to abolish the involvement of
the technical service in the case of components sold as
aftermarket equipment and intended for installation in
motor vehicles,
they are not related to immunity
related functions, and to no longer require the attestation
in accordance to the example given in Annex III C, as set
out in point 3.2.9 of Annex I.

if

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

The measures provided for
accordance with
Committee — Motor Vehicles,

the

in this Directive are in
Technical
the

of

opinion

(1)

(2)

Council Directive 72/245/EEC of 20 June 1972 relating
to the radio interference (electromagnetic compatibility)
of vehicles (2)
is one of the separate Directives in the
context of the EC type-approval procedure established
under 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 (3). The provisions of Directive 70/156/EEC
relating to systems, components and separate technical
to Directive
therefore
units
72/245/EEC.

vehicles

apply

for

According to point 3.2.9 of Annex I
to Directive
72/245/EEC components sold as aftermarket equipment
and intended for the installation in motor vehicles do not
need type-approval if they are not related to immunity
four years
related functions. A transition period of
is provided for, during
starting on 3 December 2004,
service has
which a technical
the
component
is immunity
to be placed on the market
to issue an attestation as
related or not and has
according to the example shown in Annex III C.
Member States are required to report any cases of
refusals on safety grounds to the European Commission.
That provision requires the Commission to decide, based
on the practical experience with that requirement and
submitted by Member States,
based on the reports

to determine if

(1) OJ L 263, 9.10.2007, p. 1.
(2) OJ L 152, 6.7.1972, p. 15.
(3) OJ L 42, 23.2.1970, p. 1.

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 72/245/EEC is amended as follows:

1. In the list of Annexes the following reference to Annex III C

is deleted:

‘ANNEX III C

Model of attestation with regard to
Annex I, 3.2.9.’

2. In Annex I,
deleted.

in point 3.2.9,

the second subparagraph is

3. Annex III C is deleted.

Article 2

1. Member States shall adopt and publish, by 1 October
2009, 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.

L 70/18

EN

Official Journal of the European Union

14.3.2009

They shall apply those provisions from 2 October 2009.

Article 3

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.

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 12 March 2009.

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.

For the Commission

Günter VERHEUGEN
Vice-President