CELEX: 51992PC0120
Language: en
Date: 1992-03-24
Title: Amended 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           C0M(92) 120 final      •*
                                           Brussels, 24 March 1992
                           Amended proposal for a
                              COUNCIL PIRECTIVE
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                          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
          (presented by the Commission pursuant to Article 149(3)
                             of the EEC-Treaty)
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 ---pagebreak---                                     - 1 _
                           EXPLANATORY MEMORANDUM
A. On 2 August 1991, the Commission sent to the Council a proposal for a
   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.
   On 29 January 1992, the Economic and Social Committee adopted its opinion
   which supports the Commission in the principle and the objectives of the
   proposed Directive subject to comments on some practical difficulties.
   On 12 February 1992, the European Parliament approved the proposal in the
   first reading, subject to an amendment containing three different
   requests.
   As far as the opinion of the Economic and Social Committee is concerned,
   the Commission accepts one of the major suggestions relating to the
   transitional provisions of the Directive. As far as the opinion of the
   European Parliament is concerned the Commission accepts two of the three
   requests contained in the proposed amendment.
B. The Commission therefore proposes to amend its proposal as follows:
   1.   The Commission shares the concern of the Economic and Social
        Committee that the provisions of Article 2 (4) as presently drafted
        would impose a heavy workload on industry and the national
        administrations at the end of 1997. At this date, all existing
        national type-approvals to vehicles, components and separate
        technical units actually cease to be valid. If the manufacturers wish
        to continue to put those vehicles, components and separate technical
        units on the market within the EEC, they would then have to undergo
        the complete EEC type-approval procedure laid down by the present
        Directive. The commission accepts the proposal of the Economic and
        Social Committee that approvals granted to separate Directives on
        which such national type-approvals are based remain valid after 19 97
        until either the standards of the concerned Directive change or main
        features of the type of vehicle, component or technical unit are
 ---pagebreak---                             - 2 -
modified. Thus, such approvals could be carried over from the
existing national into a new EEC type-approval by an administrative
act not requiring fresh tests.
A corresponding complement to the existing wording of Article 2 (4)
is proposed.
The Commission agrees with the European Parliament that it would be
useful to establish, after two years of experience with the EEC type-
approval system, a report on the operation of the system and the
effects of total harmonisation. On the basis of such a report
practical adaptations could be made to the system, if necessary,
before it enters in the actual mandatory phase on 1 January 1996.
Furthermore, the Commission deems it useful to consolidate, for this
date, the "framework directive" establishing the EEC type-approval
procedure and all the separate Directives which are part of this
procedure. Such a consolidation would contribute to the transparency
of the EEC procedures and would thus be beneficial to industry and to
national administrations which have to apply these procedures.
For institutional reasons, the Commission cannot accept the
commitment suggested by the European Parliament to examine whether,
at this stage, it would be appropriate to transform the present
Directive into a Regulation.
It is proposed to include the above mentioned accepted amendments
into the Directive in the form of a new Article 3.
 ---pagebreak---                                      - 3 -
                       Amendment         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
1. Article 2, paragraph 4
   The following sentence is added:
   "Approvals granted according to separate Directives which are part of the
   national type-approval mentioned above shall remain valid after 31
   December 1997 unless one of the conditions of Article 5 (3), second
   indent, apply."
2. After Article 2, the following new Article 3 is added:
   1.   The Commission shall report, on the basis of relevant informations to
        be made available by the approval authorities of the Member States by
        31 December 1994, on the operation of the system and the effects of
        the total harmonisation.
   2.   The Commission shall by 31 December 1995 submit to the Council a
        proposal for the consolidation of the Directives enumerated in
        Annex IV.
3. The existing Article 3 becomes Article 4
 ---pagebreak---            *
                                                                     ISSN 0254-1475
                                                              COM(92) 120 final
                                                      DOCUMENTS
EN                                                                         06 07
                                Catalogue number : CB-CO-92-132-EN-C
                                                             ISBN 92-77-42387-0
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