CELEX: 51995PC0493
Language: en
Date: 1995-11-03
Title: Amended proposal for a European Parliament and Council Directive on certain components or characteristics of two or three-wheeled motor vehicles

it *
           COMMISSION OF THE EUROPEAN COMMUNITIES
                                              Brussels, 03.11.1995
                                              COM(95) 493 final - COD 470
                Amended proposal for a European Parliament
                 and Council Directive on certain components
           or characteristics of two or three-wheeled motor vehicles
     (presented by the Commission pursuant to Article 189 a (2)
                             of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                   EXPLANATORY MEMORANDUM
 In the light of the European Parliament opinion1 of 18 May 1995 on the proposal for a European
 Parliament and Council Directive on certain components or characteristics of two or three-wheeled
motor vehicles2 and in accordance with Article 189a(2) of the EC Treaty, the Commission has
decided to amend that proposal
The Commission has accepted the substance of the following amendments:
- a further reduction in the limit values for the sound level and polluting emissions (amendment
     i);
- a prohibition on manufacturing, importing and selling replacement parts which make it possible
    to circumvent the provisions of the Directive, and a report to the national parliaments, the
     European Parliament and the Council on the effectiveness of this prohibition (amendments 2, 7
    and 24);
- stricter adherence to the size specification of the tyres with which some vehicle models are
    fitted, thus restricting the application of the standard tolerances (amendments 4 and 8);
- limitation of restrictions on tampering to measures which significantly alter vehicle
    performance, polluting emissions and noise, so as not to hinder owner servicing and
    maintenance (amendments 21 and 22);
- drafting of proposals, based upon research and a cost-effectiveness assessment, providing for a
    further stage of noise and air pollution standards (amendment 23);
- a clarification concerning the vehicles in categories-A and B where anti-tampering measures are
    concerned (amendment 25);
- further details concerning anti-tampering measures, but without limiting them to vehicles in
    categories A and B (amendments 26,27 and 28).
         Hoc. PE 1X4 074
         OJ No C I 77, 29.A.IW4.P I
 ---pagebreak--- The Commission has rejected the amendments aimed at:
-  amending the procedure for adaptation to technical progress (amendments 3 and 6). The
   Commission prefers to stick to the Decision of 13 July 1987 laying down the procedures for the
   exercise of implementing powers conferred on the Commission. However a recital referring to
  the modus vivendi adopted on 20 December 1994 would be acceptable;
-  deleting most of the provisions concerning anti-tampering measures for vehicles in category C
  and D (amendments 11,12 and 16). The Commission considers that these amendments would
  adversely affect road safety and environmental protection. In addition, they run counter to the
  Council's unanimous decision taken when adopting Directive 92/61/EEC, with the agreement of
  the Commission and the European Parliament, aimed at extending to motorcycles the anti-
  tampering measures originally envisaged only for mopeds;
-  increasing very significantly the sound level limit values for mopeds and motorcycles
  (amendment 18). The Commission would point out that that amendment would considerably
  reduce the effectiveness of its proposal and would not be consistent with its environmental
  protection policy.
                                                                                         s --***
                                                3-
 ---pagebreak---                            Amended proposal for a European Parliament
                            and Council Directive on certain components
                    or characteristics of two or three-wheeled motor vehicles
                Initial text                                        Amended text
                                         Recital 4a (new)
                                                   Whereas in the light of their design
                                                   specifications some models of two- and three-
                                                   wheel motor vehicles may require stricter
                                                   adherence to the size specifications of the tyres
                                                   they are fitted with, thus restricting the
                                                   application of the standard tolerances as laid
                                                   down in Chapter 1 of the Annex to this
                                                   Directive;     whereas in this respect the
                                                   amendments which would prove to be
                                                   necessary shall be introduced in conformity
                                                   with the procedure laid down in Article 6;
                                             Recital 5
Whereas, with regard to the aspects Whereas, with regard to the aspects
concerning the protection of the environment, concerning the protection of the environment,
i.e. atmospheric and noise pollution, it is i.e. atmospheric and noise pollution, it is
necessary to pursue the aim of constantly necessary to pursue the aim of constantly
improving the environment; whereas for this improving the environment; whereas for this
purpose limit values for pollutants and sound purpose limit values for pollutants and sound
level, laid down for the fastest possible level must be laid down for the fastest possible
application, must be reduced yel further; application; whereas subsequent reductions in
whereas that subsequent reduction may only limit values and amendments to the test
be opted for on the basis of studies and procedure may only be opted for on the basis
research to be undertaken or pursued into the of studies and research to be undertaken or
available    or   conceivable      technological pursued into the available or conceivable
potential and into an analysis of their technological potential and into an analysis of
cost/benefit ratios in order to permit their cost/benefit ratios in order to permit
production, on an industrial scale, of vehicles production, on an industrial scale, of vehicles
which are able to meet those more stringent which are able to meet those more stringent
limits;     whereas the decision on that limits;               whereas the decision on that
subsequent reduction must be taken by the subsequent reduction must be taken by the
European Parliament and the Council at least European Parliament and the Council at least
three years before their entry into force in three years before their entry into force in
order to enable the industry to make the order to enable the industry to make the
necessary    arrangements       whereby    their necessary       arrangements     whereby      their
products may, by the intended date, comply products may, by the intended date, comply
with the new Community measures; whereas with the new Community measures; whereas
the European Parliament and Council Decision the European Parliament and Council Decision
will be based on proposals which the will be based on proposals which the
Commission will have to send them in good Commission will have to send them in good
time;                                             time;
 ---pagebreak--- Recital 5a (new)
          Whereas, in conformity with Article 15 (2) of
          Directive 92/61/EEC, the provisions of this
          Directive, which refers to the manufacturing of
          vehicles, should not be circumvented by the
          use of replacement parts permitting non-
          compliance therewith; whereas it is essential
          that all necessary measures be taken to ensure
          that the placing on the market, the sale and the
          use of exhaust systems which do not comply
          with the requirements laid down in this
          Directive should be strictly forbidden;
          whereas these measures shall be the subject of
          a report from the Commission to the European
          Parliament and to the Council, not later than
          three years after the entry into force of this
          Directive, and of furthuer reports every three
          years thereafter;
Recital 5b (new)
         Whereas safety or environmental requirements
         call for restrictions on tampering with certain
         two- or three-wheel vehicles; whereas, in
         order not to restrict the legitimate practice of
         owner servicing and maintenance, such
          restrictions must be confined to cover
         tampering which significantly alters the
         vehicle's performance and its noise and
         pollutant emissions;
         5-
 ---pagebreak---                                              Article 4
  1. The European Parliament and the Council, 1. The Commission shall submit to the
 acting in accordance with the conditions set European Parliament and the Council before
 out    in    the    Treaty,     shall,   before I January 1997 a proposal based upon
 I January 1997, state their opinion on a research and on a cost/benefit evaluation
 Commission      proposal    laying down a deriving from more stringent limit values,
 subsequent stage providing for measures that laying down a subsequent stage providing for
 are aimed to make the limit values for measures that are aimed to make the limit
 pollutants and the sound level of the vehicles values for pollutants and the sound level of the
concerned, as laid down respectively in vehicles concerned, as laid down respectively
 Chapter 5, Annex II, Tables I and II and in Chapter 5, Annex II, Tables I and II and
 Chapter 9. Annex I, more stringent.                Chapter 9, Annex I, more stringent. The
                                                    proposal shall take account of and evaluate the
                                                    cost effectiveness of different measures to
                                                    reduce pollution and shall contain measures
                                                    which are proportional and reasonable in the
                                                    light of the intended aims.
                                  Chapter 7, Annex, point 2.1.1
2.1.1. For any vehicle in categories A or B,        2.1      For any vehicle in categories A or B,
the interchangeability of the following             the interchangeability of the following
components :                                        components :
a) for two-stroke vehicles : cylinder/piston,       a) for two-stroke vehicles : cylinder/piston,
carburettor, intake pipe, exhaust system;           carburettor, intake pipe, exhaust system;
b) for four-stroke vehicles : cylinder head,        b) for four-stroke vehicles : cylinder head,
camshafts, cylinder/piston, carburettor, intake    camshafts, cylinder/piston, carburettor, intake
pipe, exhaust system.                               pipe, exhaust system,
between that vehicle and any other vehicle          between that vehicle and any other vehicle
from the same manufacturer shall not be             from the same manufacturer shall not be
permitted if such interchangeability results in    permitted if such interchangeability results in
the vehicle's power exceeding the limits for its   the vehicle's maximum design speed increasing
category in the case of category A vehicle or      by more than 5 km/h in the case of category A
the vehicle's maximum design speed increasing      vehicles or the vehicle's power increasing by
by more than 10% in the case of category B         more than 10% in the case of category B
vehicles.                                          vehicles. In no case shall the maximum design
                                                   speed or maximum net engine power of the
                                                    relevant category be exceeded.
                                                 -6
 ---pagebreak---                                      Chapter 7, Annex, point 2.2
2.2. The manufacturer shall declare that            2.2. The manufacturer shall declare that
modification of the following characteristics        modification of the following characteristics
shall not increase the maximum power of a           shall not increase the maximum power of a
motorcycle by more than 10% or increase the         motorcycle by more than 10% or increase the
maximum speed of a moped by more than               maximum speed of a moped by more than
5 km/h :                                            5 km/h and that in no case shall the maximum
                                                    design speed or maximum net engine power of
-ignition (advance, etc.), fuel feed system.
                                                    the relevant category be exceeded :
                                                    -ignition (advance, etc.), fuel feed system.
                                     Chapter 7, Annex, point 2.3
2.3.     Motorcycles
                j       shall comply
                                   r v   with the_ ......
                                                    2.3. Motorcyclesj„„    shall _comply
                                                                                    ...rv   with  the
                                                                                             „.». „.„
requirements of one of the following items requirements of one of the following items
2.3.1. or 2.3.2. or 2.3.3 :                         2.3.1. or 2.3.2. or 2.3.3 and with the
                                                    requirements of items 2.3.4. and 2.3.5
                                  Chapter 7, Annex, point 3, Title
SPECIFIC REQUIREMENTS                               SPECIFIC REQUIREMENTS
                                                    The specifications in this section are
                                                    mandatory only in cases where they prove
                                                    necessary to impede tampering resulting in the
                                                    vehicle's maximum design speed increasing by
                                                    more than 5 km/h in the case of category A
                                                    vehicles or the vehicle's power increasing by
                                                    more than 10% in the case of category B, C or
                                                    D vehicles. In no case shall the maximum
                                                    design speed or maximum net engine power of
                                                    the relevant category be exceeded.
                                                  -7
 ---pagebreak---  ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(95) 493 final
                                              DOCUMENTS
EN                                                                             07
                                     Catalogue number : CB-CO-95-533-EN-C
                                                              ISBN 92-77-94583-4
Office for Official Publications of the European Communities
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