CELEX: 51978FC0549
Language: en
Date: 2007-03-21
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] on wheel guards of motor vehicles (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                                        on wheel guards of motor vehicles

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    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.

2.    On 1 April 1987 the Commission therefore decided[1] 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.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       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.

4.    The purpose of this proposal is to undertake a codification of Council Directive 78/549/EEC of 12 June 1978 on  the  approximation  of  the
       laws of the Member States relating to the wheel  guards  of  motor  vehicles[3].  The  new  Directive  will  supersede  the  various  acts
       incorporated in it[4]; this proposal fully preserves the content of the acts being codified  and  hence  does  no  more  than  bring  them
       together with only such formal amendments as are required by the codification exercise itself.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of Directive 78/549/EEC  and
       the instrument 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 V to the codified Directive.

                                            ê 78/549/EEC (adapted)

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                                        on wheel guards of 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 Ö 95 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee[5],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[6],

Whereas:

                                            ê 

   1) Council Directive 78/549/EEC of 12 June 1978 on the approximation of the laws of the Member States relating to the wheel  guards  of  motor
      vehicles[7] laid down technical prescriptions concerning the design and construction of motor vehicles as regards the wheel guards of motor
      vehicles. These technical prescriptions concerned the approximation of the laws of the Member States to  allow  for  the  EC  type-approval
      procedure established by [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[8]] to be applied in respect of each type of vehicle. Directive 78/549/EEC has  been
      substantially amended[9]. In the interests of clarity and rationality the said Directive should be codified.

                                            ê 94/78/EC Recital 1 (adapted)

   2) Ö This Directive is one of the separate Directives of the EC type-approval system provided for in Directive [70/156/EEC]. Consequently, the
      provisions laid down in that Directive relating to vehicle systems, components and separate technical units apply to this Directive. Õ

                                            ê 78/549/EEC Recital 3

   3) The approximation of national laws relating to motor vehicles entails the mutual recognition by Member States of  the  inspections  carried
      out by each of them on the basis of the common requirements.

                                            ê 

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

                                            ê 78/549/EEC
                                            è1 94/78/EC Art. 1 pt. 1

HAVE ADOPTED THIS DIRECTIVE:

                                                                    Article 1

For the purposes of this Directive, ‘vehicle’ means any motor vehicle in category M1è1 (as defined in [Annex II  A  to  Directive  70/156/EEC]) ç
designed for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.

                                                                    Article 2

No Member State may refuse to grant EC type-approval or national type-approval of a vehicle on grounds relating  to  the  wheel  guards  if  they
satisfy the requirements laid down in Annex I.

                                            ê 78/549/EEC (adapted)

                                                                    Article 3

No Member State may refuse Ö registration Õ or prohibit the sale, entry into service or use of any vehicle  on  grounds  relating  to  the  wheel
guards if they satisfy the requirements laid down in Annex I.

                                                                    Article 4

                                            ê 78/549/EEC (adapted)

Ö The Õ amendments necessary to adapt the Ö requirements Õ of Annexes Ö I, II and III Õ to this Directive to take account of  technical  progress
shall be adopted in accordance with the procedure Ö referred to Õ in [Article Ö 13(3) Õ of Directive 70/156/EEC].

Article 5

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.

                                            ê 

                                                                    Article 6

Directive 78/549/EEC as amended by the Directive listed in Annex IV, Part A, is repealed without prejudice  to  the  obligations  of  the  Member
States relating to the time-limits for transposition into national law of the Directives set out in Annex IV, 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 V.

                                                                    Article 7

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 [...].

                                            ê 78/549/EEC Art. 6

                                                                    Article 8

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament  For the Council
The President    The President
[…]   […]

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 1 (adapted)

                                                                 LIST OF ANNEXES

|Annex I                    |General requirements, special requirements, use of chains, application for EC type-approval, granting of EC  |
|                           |type-approval, amendments to approvals, conformity of production                                             |
|Annex II                   |Ö Information document for the purposes of EC type-approval Õ                                                |
|Annex III                  |Ö Model of the EC type-approval certificate Õ                                                                |
|Ö Annex IV Õ               |Ö Part A: Repealed Directive with its amendment Õ                                                            |
|                           |Ö Part B: List of time-limits for transposition into national law Õ                                          |
|Ö Annex V Õ                |Ö Correlation table Õ                                                                                        |

                                            ê 78/549/EEC

                                                                     ANNEX I

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(a) (adapted)

     GENERAL REQUIREMENTS, SPECIAL REQUIREMENTS, USE OF CHAINS, APPLICATION FOR EC TYPE-APPROVAL, GRANTING OF EC TYPE-APPROVAL, AMENDMENTS TO
                                                       APPROVALS, CONFORMITY OF PRODUCTION

                                            ê 78/549/EEC

1.    GENERAL REQUIREMENTS

1.1.  The motor vehicle must be provided with wheel guards (parts of the bodywork, mudguards, etc.).

1.2.  The wheel guards must be so designed as to protect other road users, as far as possible, against  thrown-up  stones,  mud,  ice,  snow  and
       water and to reduce for those users the dangers due to contact with the moving wheels.

2.    SPECIAL REQUIREMENTS

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(b)

2.1.  The wheel guards shall meet the following requirements when the vehicle is in running order (see point 2.6 of Annex II)  and  carrying  one
       passenger in the front seat and the wheels are in the straight ahead position:

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(c)

2.1.1.      In the part formed by radial planes at an angle of 30° to the front and 50° to the rear of the centre of the wheels (see  Figure  1),
       the overall width (q) of the wheel guards shall be at least sufficient to cover the total type width (b) taking into account the  extremes
       of tyre/wheel combination as specified by the manufacturer and as indicated in point 1.3 of the Appendix to Annex III. In the case of twin
       wheels, the total width over the two tyres (t) shall be taken into account.

                                            ê 78/549/EEC

2.1.1.1.    For the purposes of determining the widths referred to in point 2.1.1, the labelling (marking) and decorations, protective  bands  or
       ribs on tyre walls are not taken into account.

2.1.2.      The rear of the wheel guards must not terminate above a horizontal plane 150 mm  above  the  axis  of  rotation  of  the  wheels  (as
       measured at the wheel centres) and furthermore the intersection of the edge of the wheel guard with this plane (point A,  figure  1)  must
       lie outside the median longitudinal plane of the tyre, or in the case of twin wheels the median longitudinal plane of the outermost tyre.

2.1.3.      The contour and location of the wheel guards shall be such that they are as close to the tyre as possible; and in  particular  within
       the part formed by the radial planes referred to in point 2.1.1, they shall satisfy the following requirements:

2.1.3.1.    the projection — situated in the vertical plane of the tyre axis — of the depth (p) of the outer edge of the wheel  guards,  measured
       in the vertical longitudinal plane passing through the centre of the tyre, must  be  at  least  30 mm.  This  depth  (p)  may  be  reduced
       progressively to zero at the radial planes specified in point 2.1.1;

2.1.3.2.    the distance (c) between the lower edges of the wheel guards and the axis passing through the centre of the wheels  must  not  exceed
       2r, ‘r’ being the static radius of the tyre.

2.1.4.      In the case of vehicles having adjustable suspension height, the abovementioned requirements must be met when the vehicle is  in  the
       normal running position specified by the vehicle manufacturer.

2.2.  The wheel guards may consist of several components, provided no gaps exist between or within the individual parts when assembled.

2.3.  The wheel guards must be firmly attached. However, they may be detachable either as a unit or in parts.

3.    USE OF CHAINS

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(d)

3.1.  In the case of vehicles where only two wheels are driven, the manufacturer shall certify that the vehicle is so designed that at least  one
       type of snow chain can be used on at least one of the types of wheel and tyre approved for the drive wheels of that type of  vehicle.  One
       chain/tyre/wheel combination that is suitable for the vehicle shall be specified by the manufacturer and indicated in  point  1.2  of  the
       Appendix to Annex III.

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(e)

3.2.  In the case of vehicles where four wheels are driven, including vehicles where one drive axle may be disengaged manually or  automatically,
       the manufacturer shall certify that the vehicle is so designed that at least one type of snow chain can be used on at  least  one  of  the
       types of wheel and tyre approved for at least one drive axle, which cannot be disengaged, of that type of  vehicle.  One  chain/tyre/wheel
       combination that is suitable for the vehicle and the drive wheels to  which  these  chains  may  be  fitted  shall  be  specified  by  the
       manufacturer and indicated in point 1.2 of the Appendix to Annex III.

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(e) (adapted)

3.3.  Instructions regarding the type or types of chains that may be used must accompany each vehicle falling within  the  series  conforming  to
       the EC type-approval vehicle.

                                            ê 78/549/EEC (adapted)

4.    APPLICATION FOR EC TYPE-APPROVAL

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(f) (adapted)

4.1.  The application for EC type-approval pursuant to [Article 3(4) of Directive 70/156/EEC] of a vehicle  type  with  regard  to  wheel  guards
       shall be submitted by the manufacturer.

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(g)

4.2.  A model for the information document is given in Annex II.

                                            ê 78/549/EEC

4.3.  A vehicle representative of the type of vehicle to be approved must be submitted to the technical service responsible for conducting  type-
       approval tests.

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(i) (adapted)

5.    GRANTING OF EC TYPE-APPROVAL

5.1.  If the relevant requirements are satisfied, EC type-approval pursuant to [Article 4(3) of Directive 70/156/EEC] shall be granted.

5.2.  A model for the EC type-approval certificate is given in Annex III.

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(i)

5.3.  An approval number in accordance with [Annex VII to Directive 70/156/EEC] shall be assigned to each type  of  vehicle  approved.  The  same
       Member State shall not assign the same number to another type of vehicle.

6.    MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(i) (adapted)

      In the case of modifications of the vehicle type  approved  pursuant  to  this  Directive,  the  provisions  of  [Article  5  of  Directive
       70/156/EEC] shall apply.

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(i)

7.    CONFORMITY OF PRODUCTION

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 2(i) (adapted)

      Measures to ensure the conformity of production shall be taken in accordance with the provisions laid down  in  [Article  10  of  Directive
       70/156/EEC].

                                            ê 78/549/EEC

                                                                      [pic]

                                                                     Figure 1

                                                                   ————————————

                                            ê 94/78/EC Art. 1 pt. 2 and Annex pt. 3 (adapted)

                                                                ANNEX II Ö [10] Õ

                                          Ö INFORMATION DOCUMENT FOR THE PURPOSES OF EC TYPE-APPROVAL Õ

Information document No …

pursuant to [Annex I of Council Directive 70/156/EEC] relating to EC type-approval of a vehicle with  respect  to  the  wheel  guards,  Directive
Ö [.../.../EC] Õ .

The following information, if applicable, must be supplied in triplicate and include a list  of  contents.  Any  drawings  must  be  supplied  in
appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.

If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.

0     GENERAL

0.1.  Make (trade name of manufacturer):

0.2.  Type and general commercial description(s):

0.3.  Means of identification of type, if marked, on the vehicle(b):

0.3.1 Location of that marking:

0.4.  Category of vehicle(c):

0.5.  Name and address of manufacturer:

0.8.  Address(es) of assembly plant(s):

1.    GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE

1.1.  Photographs and/or drawings of a representative vehicle.

1.3.  Number of axles and wheels:

1.3.1.      Number and position of axles with double wheels.

2.    MASSES AND DIMENSIONS (e)

       (in kg and mm) (refer to drawing where applicable)

2.4.  Range of vehicle dimensions (overall)

2.4.1.      For chassis without bodywork

2.4.1.3     Height (unladen)(l) (For suspension adjustable for height, indicate normal running position):

2.4.2.      For chassis with bodywork

2.4.2.3.    Height (unladen)(l) (For suspension adjustable for height, indicate normal running position):

2.6.  Mass of the vehicle with bodywork in running order, or mass of the chassis  with  cab  if  the  manufacturer  does  not  fit  the  bodywork
       (including coolant, oils, fuel, tools, spare wheel and driver)(o) (maximum and minimum for each version):

6.    SUSPENSION

6.6.  Tyres and wheels

6.6.1.      Tyre/wheel combination(s) (For tyres indicate size designation, minimum load capacity  index,  minimum  speed  category  symbol;  for
       wheels indicate rim size(s) and off-set(s))

6.6.1.1.    Axles

6.6.1.1.1. Axle 1:

6.6.1.1.2. Axle 2:

6.6.1.1.3. Axle 3:

6.6.1.1.4. Axle 4:

6.6.4.      Chain/tyre/wheel combination on the front and/or rear axle that  is  suitable  for  the  type  of  vehicle,  as  recommended  by  the
       manufacturer.

9.    BODYWORK

9.16. Wheel guards

9.16.1.     Brief description of the vehicle with regard to its wheel guards:

9.16.2.     Detailed drawings of the wheel guards and their position on the vehicle showing the dimension specified in Figure 1  of  Annex  I  to
       Directive [78/549/EEC] and taking account of the extremes of tyre/wheel combinations.

———————

Ö (1) Delete where not applicable. Õ

                                                                     ———————

                                            ê 94/78/EC Art. 1 pt. 3 and Annex pt. 4 (adapted)

                                                                    ANNEX III

                                                  Ö MODEL OF THE EC TYPE-APPROVAL CERTIFICATE Õ

MODEL

[maximum format: A4 (210 x 297 mm)]

EC TYPE-APPROVAL CERTIFICATE

Communication concerning the

     – EC type-approval(1)

     – extension of EC type-approval(1)

     – refusal of EC type-approval(1)

     – withdrawal of EC type-approval(1)

of a type of a vehicle/component/separate technical unit(1) with regard to Directive Ö [../../EC] Õ

EC type-approval number:

Reason for extension:

Section I

0.2.  Make (trade name of manufacturer):

0.2.  Type and general commercial description(s):

0.3.  Means of identification of type, if marked on the vehicle/component/separate technical unit(1) (2):

0.3.1.      Location of that marking:

0.4.  Category of vehicle(3):

0.5.  Name and address of manufacturer:

0.7.  In the case of components and separate technical units, location and method of affixing of the EC type-approval mark:

0.8.  Name(s) and address(es) of assembly plant(s):

Section II

1.    Additional information (where applicable): see Appendix

2.    Technical service responsible for carrying out the tests:

3.    Date of test report:

4.    Number of test report:

5.    Remarks, (if any): see Appendix

6.    Place:

7.    Date:

8.    Signature:

9.    The index to the information package lodged with the approval authority, which may be obtained on request, is attached.

———————

(1)   Delete where not applicable.
(2)   If the means of identification of type contains characters not relevant to describe the  vehicle,  component  or  separate  technical  unit
       types covered by this type-approval certificate such characters shall be represented  in  the  documentation  by  the  symbol:  ‘?’  (e.g.
       ABC??123??).
(3)   As defined in [Annex II A to Directive 70/156/EEC].

                                                                     Appendix

to EC type-approval certificate No. …

concerning the type-approval of a vehicle with regard to Directive Ö [.../.../EC] Õ

1.    Additional information

1.1.  Brief description of the vehicle with regard to the wheel guards:

1.2.  Chain/tyre/wheel size combination on the front and/or rear axle specified by the manufacturer:

1.3.  Tyre/wheel combination(s) including off-sets specified by the manufacturer:

5.    Remarks.

                                                                     ————————

                                            é

                                                                     ANNEX IV

                                                                      Part A

                                                      Repealed Directive with its amendment
                                                            (referred to in Article 6)

|Council Directive 78/549/EEC                                                  |(OJ L 168, 26.6.1978, p. 45)                         |
|Commission Directive 94/78/EC                                                  |(OJ L 354, 31.12.1994, p. 10)                        |

                                                                      Part B

                                             List of time-limits for transposition into national law
                                                            (referred to in Article 6)

|Directive                                                       |Time-limit for transposition                                           |
|78/549/EEC                                                      |15 December 1979                                                       |
|94/78/EC                                                        |30 June 1995 (*)                                                       |

(*) In conformity with Article 2 of Directive 94/78/EC:

“1. With effect from 1 July 1995 Member States may not, on grounds relating to wheel guards:

     – refuse, in respect of a type of motor vehicle, to grant EEC type-approval or to grant national type-approval, or

     – prohibit the registration, sale or entry into service of vehicles

if the wheel guards comply with the requirements of Directive 78/549/EEC, as amended by this Directive.

2. With effect from 1 January 1996 the Member States:

     – shall no longer grant EEC type-approval, and

     – may refuse to grant national type-approval

for a type of vehicle on grounds relating to the wheel guards if the requirements of Directive 78/549/EEC, as amended by this Directive, are  not
fulfilled.”

                                                                  _____________

                                                                     ANNEX V

                                                                Correlation Table

|Directive 78/549/EEC                                                 |This Directive                                                       |
|Articles 1 to 4                                                      |Articles 1 to 4                                                      |
|Article 5(1)                                                         |−                                                                    |
|Article 5(2)                                                         |Article 5                                                            |
|−                                                                    |Articles 6 and 7                                                     |
|Article 6                                                            |Article 8                                                            |
|Annexes I to III                                                     |Annexes I to III                                                     |
|−                                                                    |Annex IV                                                             |
|−                                                                    |Annex V                                                              |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]    Carried   out   pursuant   to   the   Communication   from   the   Commission   to   the   European   Parliament   and   the   Council   –
      Codi楦慣楴湯漠⁦桴⁥捁畱獩挠浯畭慮瑵楡敲‬佃⡍〲㄰ 㐶‵楦慮⹬ȍ匉敥䄠湮硥䤠ⱖ倠牡⁴⁁景琠楨⁳牰灯獯污മं䩏䌠嬠嶅‬蕛ⱝ瀠‮蕛⹝ȍ伉⁊⁃蕛ⱝ嬠嶅‬⹰嬠嶅മं䩏䰠ㄠ㠶‬fication
       of the Acquis communautaire, COM(2001) 645 final.
[4]   See Annex IV, Part A of this proposal.
[5]   OJ C […], […], p. […].
[6]   OJ C […], […], p. […].
[7]   OJ L 168, 26.6.1978, p. 45. Directive as amended by Commission Directive 94/78/EC (OJ L 354, 31.12.1994, p. 10).
[8]   [OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/104/EC (OJ L 337, 13.11.2004, p. 13).]
[9]   See Annex IV, Part A.
[10]  The item numbers and footnotes used in this Information document correspond to those set out in [Annex I to Directive 70/156/EEC].
      Items not relevant for the purpose of this Directive are omitted.