CELEX: 51970FC0388
Language: en
Date: 2007-03-21
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] on audible warning devices for 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 audible warning devices for 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 70/388/EEC of 27 July 1970 on  the  approximation  of  the
       laws of the Member States relating to audible warning devices for 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 70/388/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 IV to the codified Directive.

                                            ê 70/388/EEC (adapted)

                                                                  Proposal for a

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

                                                                      of […]

                                                  on audible warning devices for 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 70/388/EEC of 27 July 1970 on the approximation of the laws of the Member States relating to audible warning devices  for
      motor vehicles[7] laid down technical prescriptions concerning the design and construction of motor vehicles  as  regards  audible  warning
      devices for 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
      70/388/EEC has been substantially amended several times[9]. In the interests of clarity  and  rationality  the  said  Directive  should  be
      codified.

                                            ê 70/388/EEC recital 2 (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 .

   3) 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 III, Part C,

                                            ê 70/388/EEC

HAVE ADOPTED THIS DIRECTIVE:

                                            ê 70/388/EEC Art. 8

                                                                    Article 1

For the purposes of this Directive, «vehicle» means any motor vehicle intended for use on the road, with or without  bodywork,  having  at  least
four wheels and a maximum design speed exceeding 25 km/h, with  the  exception  of  vehicles  which  run  on  rails,  agricultural  tractors  and
machinery, and public works vehicles.

                                            ê 70/388/EEC (adapted)

                                                                    Article 2

1. Each Member State shall approve any type of audible warning device which satisfies the construction and  testing  requirements  laid  down  in
Ö point Õ 1 of Annex I.

2. The Member State which has granted Ö EC Õ type-approval shall take the necessary measures to verify, in so far as is necessary and if need  be
in co-operation with the competent authorities in  the  other  Member  States,  that  production  models  conform  to  the  approved  type.  Such
verification shall be limited to spot checks.

                                                                    Article 3

Member States shall issue to the manufacturer, or to his authorised representative, an EC type-approval mark which shall  conform  to  the  model
shown in Ö point Õ 1.4 of Annex I, for each type of audible warning device which they approve pursuant to Article 2.

Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between audible  warning  devices  which
have been type approved pursuant to Article 2 and other devices.

                                                                    Article 4

1. No Member State may prohibit audible warning devices from being Ö placed on the market Õ on grounds relating to their construction  or  method
of operation if those devices bear the EC Ö type-approval Õ mark.

This provision shall not prevent a Member State from taking such measures in respect of audible warning devices bearing the EC  Ö type-approval Õ
mark which, by their design, do not conform to the approved prototype.

That State shall inform the other Member States and the Commission forthwith of the measures taken, specifying the reasons for its decision.

The provisions of Article 6 shall also apply.

Ö 2. Õ There shall be failure to conform to the approved prototype, within the meaning of the first subparagraph, where the upper or lower  limit
specified in Ö point Õ 1.2.1.6 of Annex I is not observed.

                                                                    Article 5

The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States a copy of  the
EC type-approval certificate Ö as set out in Annex II Õ for each type of audible warning device which they approve or refuse to approve.

                                                                    Article 6

1. If the Member State which has granted EC Ö type-approval Õ finds that a number of audible warning devices bearing the  same  Ö type-approval Õ
mark do not conform to the type which it has approved, it shall take the necessary measures to ensure  that  production  models  conform  to  the
approved type.

The competent authorities of that State shall advise those of the other Member States of the measures taken, which may, where  necessary,  extend
to withdrawal of EC Ö type-approval Õ .

Ö Those Õ authorities shall take the same measures if they are informed by the competent authorities of another Member State of such  failure  to
conform.

2. The competent authorities of the Member States shall within one month inform each other of any withdrawal of  EC  type-approval,  and  of  the
reasons for such measures.

3. If the Member State which has granted EC type-approval disputes the failure to conform notified to  it,  the  Member  States  concerned  shall
endeavour to settle the dispute. The Commission shall be kept informed and  shall,  where  necessary,  hold  appropriate  consultations  for  the
purpose of reaching a settlement.

                                                                    Article 7

All decisions taken pursuant to the rules adopted in implementation of this Directive and refusing or withdrawing  EC  Ö type-approval Õ  for  an
audible warning device or prohibiting its Ö placing on the market Õ or use shall state in detail the reasons on which they are based. A  decision
shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in  the
Member States and of the time limits allowed for the exercise of such remedies.

                                                                    Article 8

No Member State may refuse to grant EC type-approval or national type-approval of a vehicle on grounds relating to its audible warning device  if
that device bears the EC Ö type-approval Õ mark and if it is fitted in accordance with the requirements laid down in Ö point Õ 2 of Annex I.

                                            ê 1972 Act of Accession, Art. 29 and Annex I, p. 116 (adapted)

                                                                    Article 9

No Member State may refuse Ö registration Õ or prohibit the sale, entry into service or use of a vehicle  on  grounds  relating  to  its  audible
warning device if that device bears the EC Ö type-approval Õ mark and if it is fitted in accordance with the requirements laid down in  Ö point Õ
2 of Annex I.

                                            ê 70/388/EEC (adapted)

                                                                    Article 10

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

                                                                    Article 11

Ö 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. Õ

                                            ê .

                                                                    Article 12

Directive 70/388/EEC, as amended by the acts listed in Annex III, 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 III, Part C.

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 IV.

                                                                    Article 13

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 70/388/EEC

                                                                    Article 14

This Directive is addressed to the Member States.

Done at Brussels, […]

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

                                            ê 70/388/EEC (adapted)
                                            è1 Corrigendum 70/388/EEC (OJ L 999, 1.1.1973, p. 77)
                                            è2 1985 Act of Accession, Art. 26 and Annex I, p. 212
                                            è3 87/354/EEC Art. 1 and Annex pt. 2
                                            è4 1994 Act of Accession, Art. 29 and Annex I, p. 201
                                            è5 2003 Act of Accession, Art. 20 and Annex II, pt. 1(A)(5), p. 55

                                                                     ANNEX I

1.    EC TYPE-APPROVAL OF AN AUDIBLE WARNING DEVICE

1.1   The warning device shall emit a continuous sound.

1.2   The warning device shall have acoustic characteristics  (frequency  spectrum  of  the  sound,  level  of  sound  pressure)  and  mechanical
       characteristics such that it can satisfy the following tests, in the order indicated.

1.2.1 Measurement of sound level

1.2.1.1     The warning device shall be tested in a sufficiently silent and open area[10] (ambient noise and wind noise at least 10 db (A)  below
       the noise being measured) or in an anechoic chamber; the microphone of the measuring instrument shall be located in the direction in which
       the subjective sound level is at a maximum and 2 m from the front surface of the device, the microphone and the device being positioned at
       a height of 1·20 m above ground level.

1.2.1.2     The measurements shall be made on the «A» weighting scale of the IEC (International Electrotechnical Commission) standard,  by  means
       of sound-level meters conforming to the type described in  Publications  179,  1st  ed.  (1965),  of  the  International  Electrotechnical
       Commission.

1.2.1.3     The device shall be supplied with a voltage of 6·5, 13 or 26 volts measured  at  the  terminal  of  the  source  of  electric  power,
       corresponding respectively to a rated voltage of 6, 12 or 24 volts.

1.2.1.4     The resistance of the connecting leads, including the resistance of the terminals and contacts, must be:

      0·05 ohms for a 6 volt circuit

      0·10 ohms for a 12 volt circuit

      0·20 ohms for a 24 volt circuit

1.2.1.5     The device shall be rigidly mounted, using the part or parts provided by the manufacturer, on a support whose mass is  at  least  ten
       times that of the device and not less than 15 kg.

1.2.1.6     Under the above conditions, the subjective sound pressure level must be not more than 118 dB (A) and not less than 105 dB (A).

1.2.1.7     The time lapse between the moment of activation and the moment at which the sound reaches the minimum level laid  down  in  Ö point Õ
       1.2.1.6 may not exceed 0·2 seconds, measured in an ambient temperature of 20 ± 5 °C.

      This provision shall apply in particular to pneumatically or electro-pneumatically operated devices.

1.2.1.8     Devices which are pneumatically or electro-pneumatically operated must, with the pneumatic circuit arranged in  accordance  with  the
       manufacturer's specification, have the same acoustic performance as that required for electrically operated audible warning devices.

1.2.2 Endurance tests

1.2.2.1     The warning device must be supplied with one of the rated voltages specified in Ö point Õ 1.2.1.3 , through connecting  leads  having
       one of the resistances as specified in Ö point Õ 1.2.1.4 , and be operated 50 000 times, each time for a period of one second, followed by
       a four-second break. During the test, the device must be ventilated by an air current having a speed of approximately 10 m/s.

1.2.2.2     If the test is carried out in an anechoic chamber, the latter must be of sufficient volume to allow  normal  dispersal  of  the  heat
       emitted by the device during the endurance test.

1.2.2.3     The ambient temperatures è1 in the test room must be between ç + 15 and + 30 °C.

1.2.2.4     If, after 25 000 operations, the sound level of the device has changed in relation to the sound level before  the  test,  the  device
       may be adjusted. After 50 000 operations and if necessary further adjustment the device must pass the test described in Ö point Õ 1.2.1 .

1.2.3 Acoustic tests

1.2.3.1     The spectrum of the sound emitted by the device, measured at a distance of 2 m, must show a sound pressure higher than  that  of  any
       frequency component above 3550 Hz in the 1800 to 3550 Hz frequency band, and in no case less than 105 dB (A).

1.2.3.2     The requirements stated in Ö point Õ 1.2.3.1 must be satisfied by a warning device which has been submitted to the test described  in
       Ö point Õ 1.2.2 and which is supplied with a voltage of between 115 % and 95 % of its rated voltage.

1.2.3.3     The effective voltage shall be that laid down in Ö point Õ 1.2.1 .

1.2.3.4     The resistance of the connecting leads, including the resistance of the battery  and  the  contacts,  shall  be  that  laid  down  in
       Ö point Õ 1.2.1 .

1.2.3.5     Both the device being tested and the microphone shall be placed at the same height; the microphone  must  be  positioned  facing  the
       front surface of the warning device in the direction in which the subjective sound level is at a maximum.

1.2.3.6     The device shall be rigidly mounted, using the part or parts provided by the manufacturer, on a support whose mass is  at  least  ten
       times that of the device and in any event not less than 30 kg.

1.2.3.7     The above test shall be made in an anechoic chamber.

1.3   EC type-approval tests

1.3.1 The EC type-approval tests shall be carried out on two samples of each type submitted by the manufacturer for approval;  both  the  samples
       shall be subjected to all the tests and must conform to the technical specifications laid down in this Annex.

1.4   EC type-approval mark

1.4.1 The EC type-approval mark shall be made up of a rectangle, within which shall be placed the  letter  «e»  followed  by  the  distinguishing
       number of the country which has granted the EC Ö type-approval Õ è2 (1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, è4 5
       for Sweden, ç 6 for Belgium, è5 7 for Hungary, 8 for the Czech Republic, ç 9 for Spain, 11 for the United Kingdom, è4 12 for Austria, ç 13
       for Luxembourg, è4 17 for Finland, ç 18 for Denmark, è5 20 for Poland, ç 21 for Portugal, 23 è3 for Greece ç, 24 for  Ireland,  è5 26  for
       Slovenia, 27 for Slovakia, 29 for Estonia, 32 for Latvia, 36 for Lithuania, 49 for Cyprus, 50 for Malta ç). ç  At  any  point  within  the
       immediate proximity of this rectangle there shall be placed an EC type-approval number corresponding to the number of the EC type-approval
       certificate completed for the prototype.

1.4.2 The EC Ö type-approval Õ mark (symbol and number) mentioned above shall be shown on the main body of the audible warning device in  such  a
       way that it is clearly visible from the outside after the warning device has been fitted on the vehicle.

1.4.3 The various marks must be clearly legible and indelible.

1.4.4 The dimensions of the EC Ö type-approval Õ mark drawn below are expressed in millimetres; they are minimum dimensions. The  ratios  between
       the dimensions must be maintained.

                                                                      [pic]

2.    CHARACTERISTICS OF THE AUDIBLE WARNING DEVICE WHEN FITTED TO THE VEHICLE

2.1   Acoustic tests

      When a vehicle is type approved, the characteristics of the warning device fitted to that type of vehicle shall be tested as follows:

2.1.1 The sound pressure level of the device when fitted to the vehicle shall be measured at a point 7 m in front of the vehicle at a site  which
       is open and as level as possible. The engine of the vehicle shall be stopped. The effective voltage shall be that laid down  in  Ö point Õ
       1.2.1 .

2.1.2 Measurements shall be made on the «A» weighting scale of the IEC (International Electrotechnical Commission) standard.

2.1.3 The maximum sound pressure level shall be determined at a height of between 0·5 and 1·5 m above ground level.

2.1.4 That maximum must be not less than 93 dB (A).

                                                                 _______________

                                            ê 70/388/EEC (adapted)

                                                                     ANNEX II

                                                         Ö EC Õ TYPE-APPROVAL CERTIFICATE

|Name of appropriate administration                                                                               |
|Notification concerning the approval, refusal or withdrawal of                                                   |
|Ö EC type- Õapproval of a type of audible warning device                                                         |
|…………………………………………………                                                                                              |
|…………………………………………………                                                                                              |
|…………………………………………………                                                                                              |
|…………………………………………………                                                                                              |
|………………………………………………… Ö EC type- Õ approval No: …….…………….                                                          |
|1. Trade name or mark ……………………………….…………………………………….                                                               |
|2. Type (electro-pneumatic, warning device, electro-magnetic warning device with resonator plate,                |
|electro-magnetic hooter, etc.)                                                                                   |
|…………………………………………………………………………..………………….                                                                           |
|3. Name and address of manufacturer ……………………………………………………...                                                      |
|4. If applicable, name and address of manufacturer’s authorised representative ……………                             |
|5. Supply voltage …………………………………………………………………….. volts                                                             |
|6. Nominal frequency(ies)/nominal operating pressure(1)………………………….…………. …………………………………………………………………………..……Hz/kg/cm2|
|(1)                                                                                                              |
|7. Submitted for Ö type- Õ approval on ………………………………………………………….                                                   |
|8. Test laboratory ……………………………………………………………………………                                                                 |
|9. Date and number of laboratory report ……………………………………………………                                                     |
|10. Date of approval/refusal/withdrawal of Ö EC type- Õ approval(1) ……………………………….                                |
|11. Place ……………………………………………………………………………………..                                                                     |
|12. Date ………………………………………………………………………………………                                                                       |
|13. The following documents, bearing the Ö EC type- Õ approval number shown above, are annexed to this Ö EC      |
|type- Õ approval certificate: ………………………………… drawings, diagrams and plans of the warning device.                  |
|14. Remarks ………………………………………………………………………………..                                                                     |
|…………………………………                                                                                                    |
|                          |                                               |Signature                             |
|(1) Delete Ö where Õ not applicable.                                                                             |

                                                                  _____________

                                            é

                                                                    ANNEX III

                                                                      Part A

                                                      Repealed Directive with its amendment
                                                           (referred to in Article 12)

|Council Directive 70/388/EEC                                                         |                                              |
|(OJ L 176, 10.8.1970, p. 12)                                                         |                                              |
|Council Directive 87/354/EEC                                                |Point 2 of the Annex only                            |
|(OJ L 192, 11.7.1987, p. 43)                                                |                                                     |

                                                                      Part B

                                                        Non-repealed successive amendments
                                                           (referred to in Article 12)

|1972 Act of Accession                                                                                                                    |
|1979 Act of Accession                                                                                                                    |
|1985 Act of Accession                                                                                                                    |
|1994 Act of Accession                                                                                                                    |
|2003 Act of Accession                                                                                                                    |

                                                                      Part C

                                             List of time-limits for transposition into national law
                                                           (referred to in Article 12)

|Directive                                                       |Time-limit for transposition                                           |
|70/388/EEC                                                      |28 January 1972                                                        |
|87/354/EEC                                                      |31 December 1987                                                       |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

|Directive 70/388/EEC                                                 |This Directive                                                       |
|Article 1                                                            |Article 2                                                            |
|Article 2                                                            |Article 3                                                            |
|Article 3(1)                                                         |Article 4(1), first subparagraph                                     |
|Article 3(2), first subparagraph                                     |Article 4(1), second subparagraph                                    |
|Article 3(2), second subparagraph, first sentence                    |Article 4(1), third subparagraph                                     |
|Article 3(2), second subparagraph, second sentence                   |Article 4(1), fourth subparagraph                                    |
|Article 3(2), third subparagraph                                     |Article 4(2)                                                         |
|Article 4                                                            |Article 5                                                            |
|Article 5                                                            |Article 6                                                            |
|Article 5(1), first subparagraph, first sentence                     |Article 6(1), first subparagraph                                     |
|Article 5(1), first subparagraph, second sentence                    |Article 6(1), second subparagraph                                    |
|Article 5(1), first subparagraph, third sentence                     |Article 6(1), third subparagraph                                     |
|Article 5(2)                                                         |Article 6(2)                                                         |
|Article 5(3)                                                         |Article 6(3)                                                         |
|Article 6                                                            |Article 7                                                            |
|Article 7                                                            |Article 8                                                            |
|Article 7a                                                           |Article 9                                                            |
|Article 8                                                            |Article 1                                                            |
|Article 9                                                            |Article 10                                                           |
|Article 10(1)                                                        |-                                                                    |
|Article 10(2)                                                        |Article 11                                                           |
|-                                                                    |Article 12                                                           |
|-                                                                    |Article 13                                                           |
|Article 11                                                           |Article 14                                                           |
|Annexes I and II                                                     |Annexes I and II                                                     |
|-                                                                    |Annex III                                                            |
|-                                                                    |Annex IV                                                             |

                                                                  _____________

                                                             -----------------------
[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  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex III, Parts A and B of this proposal.
[5]   OJ C
[6]   OJ C
[7]   OJ L 176, 10.8.1970, p. 12. Directive as last amended by the 2003 Act of Accession.
[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 III, Parts A and B.
[10]  The aforementioned area may take the form, for instance, of an open space of 50 m radius having a central part  of  at  least  20 m  radius
      which is practically level, surfaced with concrete, asphalt or similar material, and not covered with powdery snow, tall grass, light  soil
      or ashes. Measurements shall be carried out in fine weather. No person other than the observer taking the readings from the  apparatus  may
      remain near the audible warning device or the microphone, as the presence of spectators near  either  the  device  or  the  microphone  may
      considerably affect the readings from the apparatus. Fluctuations of the pointer which appear to be unrelated to the characteristics of the
      general sound level shall be ignored in taking readings.