CELEX: 51987PC0026
Language: en
Date: 1987-02-02
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 70/156/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE TYPE-APPROVAL OF MOTOR VEHICLES AND THEIR TRAILERS

No C 48/4                               Official Journal of the European Communities                                  25.2.87
                                                                II
                                                        (Preparatory Acts)
                                                  COMMISSION
              Proposal for a Council Directive amending Directive 70/156/EEC on the approximation of the
                laws of the Member States relating to the type-approval of motor vehicles and their trailers
                                                        COM(87) 26 final
                               (Submitted by the Commission to the Council on 6 February 1987)
                                                          (87/C 48/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            facturer to ensure that vehicles, separate technical units
                                                                    or components in production conform to the approved
                                                                    type;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100
thereof,
                                                                    Whereas, to reduce the amount of documentation now
                                                                    in circulation between Member States, the type-approval
Having regard to the proposal from the Commission,                  certificate, either in accordance with the relevant
                                                                    separate Directive or the partially-completed type-
                                                                    approval certificate as annexed to Directive 70/156/EEC,
Having regard to the opinion of the European Parlia-                should satisfy the normal information requirements of
ment,                                                               Member States, which have the option of requesting a
                                                                    more complete body of technical information;
Having regard to the opinion of the Economic and
Social Committee,
                                                                    Whereas the administrative procedures governing the
                                                                    relationships between Member States, where one
Whereas Council Directive 70/156/EEC ('), as last                   Member State demonstrates to the type-approving
amended by the Act of Accession of Spain und Portugal,              Member State that a number of vehicles do not conform
laid down the EEC type-approval procedure for vehicles              to the approved type and that there is therefore reason to
built in compliance with the technical requirements set             believe that production conformity has not been
out in specific Directives and also the list of vehicle parts       adequately ensured, need to be clarified;
and characteristics covered by those Directives;
                                                                    Whereas, in cases where the separate Directives provide
Whereas, in order to eliminate the possibility of
                                                                    that a separate technical unit must bear the type-approval
ministerpretation arising from the wording of certain
                                                                    number, it should not be mandatory that each unit be
Articles of that Directive it is necessary that minor
                                                                    accompanied by a certificate of conformity; whereas a
corrections be made;
                                                                    manufacturer of a separate technical unit should in any
                                                                    case be required to provide information concerning any
                                                                    restrictions on its use and conditions relating to the
Whereas, in order that the said type-approval procedure             fitting of the unit;
may by comprehensive in its application it is necessary
that it cover components as well as separate technical
units and that each concept should be accurately
defined;                                                            Whereas the separate Directives provided for by
                                                                    Directive 70/156/EEC form part of the measures
                                                                    intended to complete the internal market; whereas, it is
Whereas, in order to apply the said type-approval                   therefore necessary, in order to ensure the speed and
procedure correctly, control of the conformity of                   efficiency of the decision-making process, that the
production     should     include   verification     of   the       necessary measures be taken by the Commission so that
arrangements which have been made by the manu-                      the provisions of the separate Directives may be adapted
                                                                    to technical progress in accordance with the advisory
O OJ No L 42, 23. 2. 1970, p. 1.                                    committee procedure;
 ---pagebreak--- 25. 2. 87                                Official Journal of the European Communities                               No C 48/5
HAS ADOPTED THIS DIRECTIVE:                                                  approval certificate, the model of which is given
                                                                             in Annex II, and, where applicable, completed by
                                                                             the annex to the type-approval certificate as
                            Article 1                                        contained in the appropriate separate Directives.'
Directive 70/156/EEC is hereby amended as follows:
                                                                    2. Articles 4 and 5 are replaced by the following:
1. Articles 1 and 2 are replaced by the following:
                                                                        'Article 4
    'Article 1
                                                                       1.      A Member State shall approve all vehicle types
   For the purposes of this Directive:
                                                                       which satisfy the following conditions:
   — "vehicle" means any motor vehicle intended for
                                                                       (a) the vehicle type must conform to the particulars in
        use on the road, with or without bodywork,
                                                                           . the information document;
        having at least four wheels and a maximum design
        speed exceeding 25 km/h, and its trailers, with the
        exception of vehicles which run on rails and of                (b) the vehicle type must satisfy the checks listed in
        agricultural tractors and machinery;                                 the model, referred to in Article 2 (b), of type-
                                                                             approval certificate.
   — "separate technical unit" means a device intended
        to be part of a vehicle which may be type-                     2.      A Member State granting type-approval shall
        approved separately but only in relation to one or             take the necessary measures to verify, in so far as is
        more specified type's of vehicles subject to the               necessary and if need be in cooperation with the
        requirements of a separate Directive;                          competent authorities of the other Member States,
                                                                       that adequate arrangements have been made to ensure
   — "component" means a device intended to be part                    that vehicles in production conform to the approved
        of a vehicle which may be type-approved                        type.
        independently of a vehicle subject to the
        requirements of a separate Directive.                          3.      A Member State which has granted type-
                                                                       approval shall take the necessary measures to verify,
   Article 2                                                           in so far as is necessary and if need be in cooperation
                                                                       with the competent authorities of the other Member
                                                                       States, that the arrangements referred to in paragraph
   For the purposes of this Directive:
                                                                       2 continue to be adequate and that production models
                                                                       conform to the approved type. Verification that
    (a) "national type approval" means the administrative
                                                                       production models conform to the approved type shall
         procedure known as:                                           be limited to spot checks.
         — "agreation par type"/"typegoedkeuring" in
             Belgian law;                                              4.      Each Member State shall complete all the
         — "standardtypegodkendelse" in Danish law;                    sections of a type-approval certificate for each vehicle
         — "allgemeine      Betriebserlaubnis"   in   German           type which it approves.
             law;
         — "6yKpiOT| timou" in Greek law;                              Article 5
         — "homologacion de tipo" in Spanish law;
                                                                        1.     The competent authorities of each Member State
         — "reception par type" or "homologation" in
                                                                        shall send within one month to the competent auth-
             French law;                                                orities of the other Member States a copy of the type-
         — "type approval" in Irish law;                                approval certificate for each vehicle type which they
         — "omologazione del tipo" in Italian law;                      approve or refuse to approve.
         — "agreation" in Luxembourg law;
                                                                        2.     Member States may, however, request from a
         — "typegoedkeuring" in Netherlands law;                        Member State which has granted the type-approval or
         — "aprovacao        de    marca   e    modelo"     in          the manufacturer or his authorized representative,
             Portuguese law;                                            further information contained in the technical
         — "type approval" in United Kingdom law.                       documents listed in the type-approval certificate.
     (b) "EEC type-approval" means the procedure                        3.     The manufacturer or his authorized represen-
         whereby a Member State certifies that a vehicle                tative in the country of registration shall complete a
         type, separate technical unit or component                     certificate of conformity, the model of which is given
         satisfies the technical requirements of the separate           in Annex III, for each vehicle manufactured in
         directives and the checks listed in the EEC type-              conformity with the approved type.
 ---pagebreak--- ^od^BD                                                  Official journal of the European Communities                                                    ^ ^ ^
   ^.       member states may, however, for purposes of                               W h e r e a f a i l u r e toconformhasbeenestablished the
   ta^ationof a v e h i c l e o r c o m p l e t i o n o f itsre^istration             authority of the Aiember ^tate which wanted type
   documents, ask for particulars not mentioned in                                    approval shall take the measures outlined in
   Anne^ IN to be ^iven on the certificate of conformity,                             para^raphP
   providedthatsuchparticulars are explicitly statedon
   the typeapproval certificate or can be derived                                     ^.     The competent authorities of the member states
   therefrom byastrai^htforwardcalculationB                                           shall inform each other within one month of any
                                                                                      withdrawal of EEC^typeapproval, and of the reasons
                                                                                      for such measure.
3. The following is deleted from A r t i c l e D ^ ^
                                                                                      ^.     If the Aiember ^tate w h i c h ^ r a n t e d E E C type
   5 . . and shall send the competent authorities of the                              approval disputes the failure to conform notified to it,
   other member states, in periodic batches, copies of                                the member states concerned shall endeavour to
   amendments to information documents which have                                     settle the dispute.
   already been distributedB                                                          The commission shall be kept informed and shall,
                                                                                      where necessary, hold appropriate consultations for
                                                                                      the purpose of reachin^asettlementB
^. A r t i c l e ^ t ^ i s replaced by the following
                                                                                   D. Article ^a is replaced by the following
   ^.        nevertheless, this certificate shall not preventa
   member ^tate from taking such measures in respect
   of vehicles which do not conform to the approved
   type
   There shall be failure to conform to the approved                                  P      Where the separte directives make express
   type where deviations from the particulars in the type                             provisionfor so d o i n ^ , E E C typeapprovalmay also
   approval certificate are found to e^ist and where these                            be granted to types of systems or parts of vehicles
   deviations have not been authorised under Article D                                which form a separate technical unit and to
   ^ or ^ by the Iviember ^tate which granted the                                     components in accordance with the provisions of
   type^approval. A vehicle shall not be considered to                                Articles^to^andt^.
   deviatefromthe approved type where tolerances are
   permittedbyseparatefoirectivesand thesetolerances                                  ^.     Where the separate technical unit to be approved
   arerespectedB                                                                      fulfilsitsfunction o r o f f e r s a s p e c i f i c f e a t u r e o n l y i n
                                                                                      conjunction with other components of the vehicle and
                                                                                      for this reason compliance with one or more
^. Article^is replaced by the followin^^                                              requirements can be verified only when the separate
                                                                                      technicalunittobeapprovedoperatesinconiunction
                                                                                      with other vehicle components, whether real or
                                                                                      simulated,the scope of t h e E E C t y p e a p p r o v a l of the
                                                                                      separate technicalunit must be restricted accordingly.
   t        Ifalviember^tate which has granted EEC type                               The EEC typeapproval certificate for a separate
   approval finds t h a t a n u m b e r of vehicles accompanied                       technical unit shall then include any restrictions on its
   by acertificateof conformitydo not conform to the                                  use and shall indicate any conditions for fitting it.
   type which it has approved, it shall take the necessary                            (Observance of these restrictions and conditions shall
   measures to ensure that production models conform                                  be verified a t t h e time of EEC^ typeapproval of the
   to the approved type. The competent authorities of                                 vehicle.
   that ^tate shall advise those of the other member
   states of the measures taken, which may, where                                     ^      However, the holder of EEC typeapproval fora
   necessary, extend to withdrawal of EEC type                                        separate technical unit granted in accordance with this
   approval.                                                                          Article shall complete the certificate provided for in
                                                                                      Article ^ ^ and affi^ to each unit manufactured in
   ^.       If a member ^tate demonstrates that a number                              conformity withthe approved type the trade name or
   of vehicles accompanied byacertificate of conformity                               mark, the type and, if the separate Mirective so
   d o n o t c o n f o r m t o t h e a p p r o v e d t y p e i t may request          provides,the type approval number. I n t h e l a t t e r case
   the member ^tate which granted the EEC type                                        there shall be no obligation to complete the certificate
   approval to verify that production models conform to                               provided for in Article ^ ^
   the approved tvpe.The^dember^tate responsible for
   t h e ^ r a n t i n ^ o f t h e E E C typeapprovalshallconduct                     ^.     T h e h o l d e r o f anEEC^typeapprovalcertificate
   therequestedconformityofproductioncheck,within                                     which, in accordance with the provisions of paragraph
   a p e r i o d o f s i ^ months from the date of request,with,                      ^, includes restrictions on its use, shall deliver with
   if it is considered necessary, the cooperation of the                              eachunit manufactured detailed information on these
   member ^tate which requested that such a c h e c k b e                             restrictions and shall indicate any conditions for
   conducted.                                                                         fitting itB
 ---pagebreak--- 25.2.87                                         Official Journal of the European Communities                                    No C 48/7
7. Article 10 (1), third          indent,     is replaced    by    the       9. Article 13 is replaced by the following:
   following:
                                                                                  'Article 13
                                                                                 When the procedure laid down in this Article is
         on application by a manufacturer or his auth-
                                                                                 followed, the Committee shall discuss matters on
         orized representative and on submission of the
                                                                                 which the Commission has requested an opinion.
         information required by the separate Directive,
                                                                                 When seeking the opinion of the Committee, the
         the Member State concerned shall complete the
                                                                                 Commission may set a time-limit within which such
         type-approval certificate in accordance with the
                                                                                 opinion shall be given.
         relevant separate Directive. A copy of this certi-
         ficate shall be issued to the applicant. With                           No vote shall be taken.
         respect to vehicles of the same type, other                             However, any member of the Committee may
         Member States shall accept this copy as proof                           demand that his views be set down in the minutes.'
         that the requisite tests have been carried out.'
                                                                                                         Article 2
8. Article 11 is replaced by the following:                                  The documents listed in the Annex are considered to be
                                                                             equivalent to the type-approval certificate to which
                                                                             reference is made in Article 10 (1), third indent, of
    'Article 11                                                              Directive 70/156/EEC.
   Any changes which are necessary in order to adapt:                                                    Article 3
   — Annexes I, II and III to this Directive, or                             1.     Member States shall bring into force the laws, regu-
                                                                             lations and administrative provisions necessary to comply
   — the provision contained in the separate Directives                      with this Directive by 1 October 1988. They shall
        referred to in Annex II and specified in each of                     forthwith inform the Commission thereof.
        those Directives,
                                                                             2.     As soon as this Directive has been notified,
   to take account of technical progress shall be adopted                    Member States shall ensure that the Commission is
   by the Commission in accordance with the procedure                        informed, in sufficient time for it to submit its comments,
   laid down in Article 13.                                                  of any draft laws, regulations or administrative
                                                                             provisions which they intend to adopt in the field
                                                                             covered by this Directive.
   This procedure shall also apply for the purpose of
   introducing provisions relating to EEC type-approval                                                  Article 4
   for separate technical units into the separate
   Directives.'                                                              This Directive is addressed to the Member States.
                                                                      ANNEX
               Either one of the following:
               — EEC type-approval certificate in respect of a separate technical unit;
               — EEC type-approval certificate for a technical unit;
               — EEC type-approval certificate of a separate technical unit;
               — Model EEC component type-approval certificate;
               — Model EEC type-approval certificate;
               — Annex to the EEC vehicle type-approval certificate . . .;
               — Annex to the EEC type-approval certificate . . .;
               — Communication concerning the type-approval . . .;
               — Communication concerning the approval . . .;
                or, the partially filled in type-approval certificate for a motor vehicle, the model of which is given in Annex
                II of Directive 70/156/EEC.