CELEX: 51974FC0483
Language: en
Date: 2007-03-21
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] on external projections of motor vehicles (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                        NOT FOR PUBLICATION

                                                                  Proposal for a

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

                                                                      of […]

                                                    on external projections 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 74/483/EEC of 17 September 1974 on  the  approximation  of
       the laws of the Member States relating to the external projections 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 74/483/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 VI to the codified Directive.

                                            ê 74/483/EEC (adapted)

                                                                  Proposal for a

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

                                                                      of […]

                                                    on external projections 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 74/483/EEC of 17 September 1974 on the approximation  of  the  laws  of  the  Member  States  relating  to  the  external
      projections of motor vehicles[7] laid down technical prescriptions concerning the design and construction of motor vehicles as  regards  to
      the external projections 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 74/483/EEC has been substantially amended several times[9]. In  the  interests  of  clarity  and  rationality  the  said
      Directive should be codified.

                                            ê 74/483/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 74/483/EEC recital 3 (adapted)

   3) Ö It is desirable to take into account the technical requirements adopted by  the  UN  Economic  Commission  for  Europe  (UN/ECE)  in  its
      corresponding Regulation annexed to the Agreement of the United Nations Economic Commission for Europe concerning the adoption  of  uniform
      technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions
      for reciprocal recognition of approvals granted on the basis of these prescriptions, (Revised 1958 Agreement)[10]. Õ

                                            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 and application of the Directives set out in Annex V, Part C,

                                            ê 74/483/EEC

HAVE ADOPTED THIS DIRECTIVE:

                                                                    Article 1

For the purposes of this Directive, «vehicle» means any motor vehicle of class M1 (defined in [Annex I of  Directive  70/156/EEC])  designed  for
use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.

                                            ê 79/488/EEC Art. 1 pt. 1

                                                                    Article 2

No Member State may, on grounds relating to external projections, refuse to  grant  EC  type-approval  or  national  type-approval  for  a  motor
vehicle, or for luggage racks, ski racks or radio receiving or transmitting aerials considered as separate technical units, if:

(a)   the vehicle complies with the provisions of Annexes I and II as regards external projections,

                                            ê 79/488/EEC Art. 1 pt. 1 (adapted)

(b)   the luggage racks, ski racks or radio receiving or transmitting aerials considered as  separate  technical  units  within  the  meaning  of
       Article [ Ö 2 Õ of Directive 70/156/EEC] comply with the provisions of Annex I.

                                                                    Article 3

1. No Member State may, on grounds relating to external projections, refuse Ö registration Õ or prohibit the sale, entry into service or  use  of
a vehicle Ö if such Õ external projections comply with the provisions of Annexes I and II.

2. No Member State may, on grounds relating to external projections, prohibit the placing on the market of any luggage rack, ski  rack  or  radio
receiving or transmitting aerial considered as separate technical units within the meaning of Article [ Ö 2 Õ  of  Directive  70/156/EEC]  if  it
conforms to a type for which EC type-approval has been granted within the meaning of Article 2 Ö of this Directive Õ .

                                            ê 79/488/EEC Art. 1 pt. 1

                                                                    Article 4

A Member State which has granted EC type-approval shall take the necessary measures to ensure that it is informed of any modification of  a  part
or characteristic referred to in point 2.2 of Annex I.

The competent authorities of that Member State shall determine whether fresh tests should be carried out on the modified type and a fresh  report
drawn up.

Where such tests reveal that the requirements of this Directive have not been complied with, the modification shall not be authorized.

                                            ê 74/483/EEC (adapted)

                                                                    Article 5

Ö The amendments necessary to adapt the requirements of Annexes I to IV 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 6

                                            ê 74/483/EEC (adapted)

As soon as this Directive has been notified, the Member States shall ensure that any draft laws, regulations or administrative  provisions  which
they intend to adopt in the field covered by this Directive are communicated to the Commission in sufficient time for the  Commission  to  submit
its comments thereon.

                                            ê 87/354/EEC Art. 2(2) (adapted)

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 7

Directive 74/483/EEC, as amended by the acts listed in Annex V, is repealed without prejudice to the obligations of the  Member  States  relating
to the time-limits for transposition into national law and application of the Directives set out in Annex V, 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 in Annex VI.

                                                                    Article 8

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 74/483/EEC

                                                                    Article 9

This Directive is addressed to the Member States.

Done at Brussels, […]

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

                                            ê 74/483/EEC (adapted)

                                                                     ANNEX I

    GENERAL DEFINITIONS, APPLICATIONS FOR EC TYPE-APPROVAL, EC TYPE-APPROVAL, GENERAL SPECIFICATIONS, PARTICULAR SPECIFICATIONS, CONFORMITY OF
                                                               PRODUCTION Ö [11] Õ

1.    GENERAL

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

1.1.  The provisions of this Annex do not apply to exterior rear-view mirrors or to the ball of towing devices.

                                            ê 74/483/EEC
                                            è1 79/488/EEC Art. 1 pt. 2 and Annex

1.2.  The purpose of these provisions is to reduce the risk or seriousness of bodily injury to a person hit by the bodywork or  brushing  against
       it in the event of a collision. è1 This is valid both when the vehicle is stationary and in motion. ç

2.    DEFINITIONS

      For the purposes of this Directive:

2.1.  «EC type-approval of a vehicle» means the approval of a vehicle type with regard to its external projections;

2.2.  «vehicle type as regards its external projections» means a category of motor vehicles not differing in such essential respects as shape  or
       materials of the external surface;

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex (adapted)
                                            è1 1985 Act of Accession, Art. 26 and Annex I, p. 212
                                            è2 87/354/EEC Art. 1 and Annex, pt. 5
                                            è3 1994 Act of Accession, Art. 29 and Annex I, p. 201
                                            è4 2003 Act of Accession, Art. 20 and Annex II, pt.1(A)(12), p. 57

2.3.  «external surface» means the outside of the vehicle including the bonnet, the lid of the luggage compartment, the  doors,  the  wings,  the
       roof, the lighting and light-signalling devices and the visible strengthening components;

2.4.  «floor line» means the line determined as follows:

      successively position round a laden vehicle a cone with a vertical axis the height of which is not defined, and with a half  angle  of  30°
       in such a way that it contacts, constantly and as low as possible, the external surface of the vehicle. The floor line  is  the  geometric
       trace of these points of contact. In determining the floor line, the jacking points, exhaust pipes or  wheels  shall  not  be  taken  into
       consideration. The gaps of the wheel arches are assumed to be filled in by an imaginary surface  forming  a  smooth  continuation  of  the
       surrounding external surface. At both ends of the vehicle the bumper shall be taken into consideration when establishing the  floor  line.
       Dependent upon the particular vehicle the floor line trace may occur at the bumper section extremity  or  at  the  body  panel  below  the
       bumper. Where two or more points of contact occur simultaneously, the lower point of contact shall be used to determine the floor line;

2.5.  «radius of curvature» means the radius of the  arc  of  a  circle  which  comes  closest  to  the  rounded  form  of  the  component  under
       consideration;

2.6.  «laden vehicle» means the vehicle laden to the maximum permitted technical  mass.  Vehicles  equipped  with  hydropneumatic,  hydraulic  or
       pneumatic suspension or a device for automatic levelling according to load shall be tested with the vehicle in  the  most  adverse  normal
       running condition specified by the manufacturer;

2.7.  «extreme outer edge» of the vehicle means, in relation to the sides of the vehicle, the plane parallel to the median longitudinal plane  of
       the vehicle coinciding with its outer lateral edge, and, in relation to the front and rear ends, the perpendicular transverse plane of the
       vehicle coinciding with its outer front and rear edges, account not being taken of the projection:

2.7.1.      of tyres near their point of contact with the ground, and connections for tyre pressure gauges;

2.7.2.      of any anti-skid devices which may be mounted on the wheels;

2.7.3.      of rear-view mirrors;

2.7.4.      of side direction indicator lamps, end outline marker lamps, front and rear position (side) lamps and parking lamps;

2.7.5.      in relation to the front and rear ends, of parts mounted on the bumpers, of towing devices and of exhaust pipes;

2.8.  «the dimension of the projection» of a component mounted on a panel means the dimension determined by the method described in  point  2  of
       Annex II;

2.9.  «the nominal line of a panel» means the line passing through the two points represented by the position of the centre of a sphere when  its
       surface makes its first and last contact with a component during the measuring procedure described in point 2.2 of Annex II.

3.    APPLICATION FOR EC TYPE-APPROVAL

3.1.  Application for EC type-approval of a vehicle type in respect of its external projections

3.1.1.      The application for EC type-approval of a vehicle type in respect of its external projections  shall  be  submitted  by  the  vehicle
       manufacturer or by his authorized representative.

3.1.2.      It shall be accompanied by the undermentioned documents in triplicate:

3.1.2.1.    photographs of the front, rear, and side parts of the vehicle taken at an angle of 30° to 45° to  the  vertical  longitudinal  median
       plane of the vehicle;

3.1.2.2.    drawings of the bumpers;

3.1.2.3.    where appropriate, drawings of specific external projections and, if necessary, of certain sections of the external surface  referred
       to in point 6.9.1.

3.1.3.      A vehicle representative of the type of vehicle to be approved shall be submitted to the technical service responsible for  EC  type-
       approval. At the request of the technical service, the specific components or samples of the materials used shall likewise be submitted.

3.2.  Application for EC type-approval in respect of luggage racks, ski racks or  radio  receiving  or  transmitting  aerials  considered  to  be
       separate technical units

3.2.1.      Applications for EC type-approval in respect of luggage racks, ski racks or radio receiving or transmitting aerials considered to  be
       separate technical units within the meaning of Article [ Ö 2 Õ of Directive 70/156/EEC] shall be submitted by the vehicle manufacturer  or
       the manufacturer of the aforementioned separate technical units, or by their authorized representative.

3.2.2.      For every type of any one of the devices referred to in point 3.2.1 , the application shall be accompanied by the following:

3.2.2.1.    triplicate copies of documents specifying the technical characteristics of the separate technical unit and the assembly  instructions
       to be supplied with every separate technical unit sold;

3.2.2.2.    a specimen of the type of separate technical unit. Should the responsible authority consider it necessary, it may request  a  further
       specimen. The specimens shall be clearly and indelibly inscribed with the mark specified in Article [ Ö 6(3) Õ of  Directive  70/156/EEC].
       As far as luggage racks and ski racks are concerned, provision shall be made for the subsequent compulsory display of the EC type-approval
       number. The EC type-approval number shall be preceded by the Ö distinguishing number Õ of the country granting such EC type-approval[12].

                                            ê 74/483/EEC (adapted)

4.    EC TYPE-APPROVAL

(4.1.)

(4.2.)

(4.3.)

(4.4.)

(4.4.1.)

(4.4.2.)

(4.5.)

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

4.6.1.      When approval is granted for an application under point 3.1, a form conforming to the model in Annex III shall be attached to the  EC
       type-approval certificate.

4.6.2.      When approval is granted for an application under point 3.2, a form conforming to the model in Annex IV shall be issued.

4.6.3.      Where reference is made in an application under point 3.1 to a form of the type illustrated in Annex IV, the  scope  of  the  vehicle
       test shall be reduced accordingly in respect of the external projections. In such cases, the EC type-approval certificate for the  vehicle
       shall be accompanied by a copy of the EC type-approval certificate for the separate technical unit.

                                            ê 74/483/EEC

5.    GENERAL SPECIFICATIONS

5.1.  The provisions of this Annex shall not apply to those parts of the external surface which, with the vehicle in the  laden  condition,  with
       all doors, windows and access lids etc., in the closed position, are either:

5.1.1.      at a height of more than 2 m; or

5.1.2.      below the floor line; or

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

5.1.3.      so located that, in their static condition as well as when in operation, they cannot be contacted by a sphere 100 mm in diameter.

                                            ê 74/483/EEC

5.2.  The external surface of vehicles shall not exhibit, directed outwards, any pointed or  sharp  parts  or  any  projections  of  such  shape,
       dimensions, direction or hardness as to be likely to increase the risk or seriousness of bodily injury to a person  hit  by  the  external
       surface or brushing against it in the event of a collision.

5.3.  The external surface of vehicles shall not exhibit, directed outwards, any  parts  likely  to  catch  on  pedestrians,  cyclists  or  motor
       cyclists.

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

5.4.  No protruding part of the external surface shall have a radius of curvature less than 2·5 mm. This requirement shall not apply to parts  of
       the external surface which protrude less than 5 mm, but the outward facing angles of such parts shall be blunted, save  where  such  parts
       protrude less than 1·5 mm.

                                            ê 74/483/EEC
                                            è1 79/488/EEC Art. 1 pt. 2 and Annex

5.5.  Protruding parts of the external surface, made of a material of hardness not exceeding 60 shore A, may have  a  radius  of  curvature  less
       than 2·5 mm.è1 The hardness measurement shall be taken with the component as installed on the vehicle. Where it is impossible to carry out
       a hardness measurement by the Shore A procedure, comparable measurements shall be used for evaluation. ç

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

5.6.  The provisions of the points 5.1 to 5.5 shall apply in addition to the particular specifications of the following  point  6,  except  where
       these particular specifications expressly provide otherwise.

                                            ê 74/483/EEC
                                            è1 79/488/EEC Art. 1 pt. 2 and Annex

6.    PARTICULAR SPECIFICATIONS

6.1.  Ornaments

6.1.1.      Added ornaments which project more than 10 mm from their support shall retract, become detached or bend over under a force of  10 daN
       exerted at their most salient point in any direction in a plane approximately parallel to the surface on which  they  are  mounted.  These
       provisions shall not apply to ornaments on radiator grilles, to which only the general requirements of point 5 shall  apply.  è1 To  apply
       the 10 daN force a flat-ended ram of not more than 50 mm diameter shall be used. Where this is not possible, an equivalent method shall be
       used. After the ornaments are retracted, detached or bent over, the remaining  projections  shall  not  project  more  than  10 mm.  These
       projections shall in any case satisfy the provisions of point 5.2. If the ornament is  mounted  on  a  base,  this  base  is  regarded  as
       belonging to the ornament and not to the supporting surface. ç

6.1.2.      Protective strips or shielding on the external surface shall not be subject to the requirements of point 6.1.1 . However, they  shall
       be firmly secured to the vehicle.

6.2.  Headlights

6.2.1.      Projecting visors and rims shall be permitted on headlights, provided that their projection, as measured in relation to the  external
       transparent surface of the headlight does not exceed 30 mm and their radius of curvature is at least 2·5 mm throughout. è1 In the case  of
       a headlight mounted behind an additional transparent surface, the projection shall be measured from the outermost transparent surface. The
       projections shall be determined according to the method described in point 3 of Annex II. ç

6.2.2.      Retracting headlights shall meet the requirements of point 6.2.1 in both the operative and retracted positions.

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

6.2.3.      The provisions of point 6.2.1 do not apply to headlights which are sunk into the bodywork or which are «overhung»  by  the  bodywork,
       if the latter complies with the requirements of point 6.9.1.

                                            ê 74/483/EEC

6.3.  Grilles and gaps

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

6.3.1.      The requirements of point 5.4 shall not apply to gaps between fixed or movable elements, including those forming part of  air  intake
       or outlet grilles and radiator grilles, provided that the distance between consecutive elements does not exceed 40 mm  and  provided  that
       the grilles and gaps have a functional purpose. For gaps of between 40 mm and 25 mm the radii of curvature shall be 1 mm or more. However,
       if the distance between two consecutive elements is equal to or less than 25 mm, the radii of curvature of external faces of the  elements
       shall not be less than 0·5 mm. The distance between two consecutive elements of grilles and gaps shall  be  determined  according  to  the
       method described in point 4 of Annex II.

                                            ê 74/483/EEC

6.3.2.      The junction of the front with the side faces of each element forming a grille or gap shall be blunted.

6.4.  Windscreen wipers

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

6.4.1.      The windscreen wiper fittings shall be such that the wiper shaft is furnished  with  a  protective  casing  which  has  a  radius  of
       curvature meeting the requirements of point 5.4 and an end surface area of not less than 150 mm2. In the case  of  rounded  covers,  these
       shall have a minimum projected area of 150 mm2 when measured not more than 6·5 mm from the point projecting furthest.  These  requirements
       shall also be met by rear window wipers and headlight wipers.

6.4.2.      Point 5.4 shall not apply to the wiper blades or to any supporting members. However, these units shall be  so  made  as  to  have  no
       sharp angles or pointed or cutting parts.

                                            ê 74/483/EEC

6.5.  Bumpers

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

6.5.1.      The ends of the bumpers shall be turned in towards the external surface in order to minimize the risk of  fouling.  This  requirement
       is considered to be satisfied if either the bumper is recessed or integrated within the bodywork or the end of the bumper is turned in  so
       that it is not contactable by a 100 mm sphere and the gap between the bumper end and the surrounding bodywork does not exceed 20 mm.

                                            ê 74/483/EEC

6.5.2.      The components of the bumper shall be so designed that all rigid surfaces facing outwards have  a  minimum  radius  of  curvature  of
       5 mm.

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

6.5.3.      The requirement of point 6.5.2 shall not apply to parts on or of the bumper or to bumper insets which have a projection of less  than
       5 mm, with special reference to joint covers and jets for headlight washers; but the outward facing angles of such parts shall be blunted,
       save where such parts protrude less than 1·5 mm.

6.6.  Handles, hinges and push-buttons of doors, luggage compartments and bonnets; fuel tank filler caps and covers

6.6.1.      The projection shall not exceed 40 mm in the case of door or luggage compartment handles and 30 mm in all other cases.

6.6.2.      If lateral door handles rotate to operate, they shall meet one or other of the following requirements:

6.6.2.1.    In the case of handles which rotate parallel to the plane of the door the open end of handles must be directed towards the rear.  The
       end of such handles shall be turned back towards the plane of the door and fitted into a protective surround or be recessed.

6.6.2.2.    Handles which pivot outwards in any direction which is not parallel to the plane of the door shall, when in the closed  position,  be
       enclosed in a protective surround or be recessed. The open end shall face either rearwards or downwards.

      Nevertheless, handles which do not comply with this last condition may be accepted if:

         – they have an independent return mechanism,

         – should the return mechanisms fail, they cannot project more than 15 mm,

         – they comply, in such opened position, with the provisions of point 5.4,

       and

         – their end surface area, when measured not more than 6·5 mm from the point projecting furthest, is not less than 150 mm2.

6.7.  Wheels, wheel nuts, hub caps and wheel discs

                                            ê 74/483/EEC

6.7.1.      The requirements of point 5.4 shall not apply.

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

6.7.2.      The wheels, wheel nuts, hub caps and wheel discs shall not exhibit any pointed or sharp projections that extend beyond  the  external
       plane of the wheel rim. Wing nuts shall not be allowed.

                                            ê 74/483/EEC
                                            è1 79/488/EEC Art. 1 pt. 2 and Annex

6.7.3.      When the vehicle is travelling in a straight line, no part of the wheels other than the tyres, situated above  the  horizontal  plane
       passing through their axis of rotation shall project beyond the vertical projection, in a horizontal plane, of  the  external  surface  or
       structure. However, if functional requirements so warrant, wheel discs which cover wheel and hub nuts  may  project  beyond  the  vertical
       projection of the external surface or structure on condition that the radius of curvature of the surface of the  projecting  part  is  not
       less than 30 mm and that the projection beyond the vertical projection of the external surface or structure in no case exceeds 30 mm.

6.8.  Sheet-metal edges

6.8.1.      Sheet-metal edges, such as gutter edges and the rails of sliding doors shall not be permitted unless they  are  folded  back  or  are
       fitted with a shield meeting the requirements of this Annex which are applicable to it.è1 An unprotected edge shall be  considered  to  be
       folded back either if it is folded back by approximately 180°, or if it is folded towards the bodywork in such a manner that it cannot  be
       contacted by a sphere having a diameter of 100 mm. ç

6.9.  Body panels

6.9.1.      Folds in body panels may have a radius of curvature of less than 2·5 mm, provided that it is not less than one-tenth  of  the  height
       «H» of the projection, measured in accordance with the method described in è1 point 1 of Annex II. ç

6.10. Lateral air or rain deflectors

6.10.1.     Lateral deflectors shall have a radius of curvature of at least 1 mm on edges capable of being directed outwards.

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

6.11. Jacking brackets and exhaust pipes

6.11.1.     The jacking brackets and exhaust pipe(s) shall not project more than 10 mm beyond the vertical projection of  the  floor  line  lying
       vertically above them. As an exception to this requirement an exhaust pipe may project more than 10 mm beyond the vertical  projection  of
       the floor line, so long as it terminates in rounded edges, the minimum radius of curvature being 2·5 mm.

6.12. Air intake and outlet flaps

6.12.1.     Air intake and outlet flaps shall meet the requirements of points 5.2, 5.3 and 5.4 in all positions of use.

6.13. Roof

6.13.1.     Opening roofs shall be considered only in the closed position.

6.13.2.     Convertible vehicles shall be examined with the hood in both the raised and lowered positions.

6.13.2.1.   With the hood lowered, no examination shall be made of the vehicle inside an imaginary surface formed by the hood when in the  raised
       position.

6.13.2.2.   Where a cover for the linkage of the hood when folded is provided as standard equipment, the  examination  shall  be  made  with  the
       cover in position.

6.14. Windows

6.14.1.     Windows which move outwards from the external surface of the vehicle shall comply with the following provisions in all  positions  of
       use:

6.14.1.1.   no exposed edge shall face forwards;

6.14.1.2.   no part of the window shall project beyond the extreme outer edge of the vehicle.

6.15. Registration plate brackets

6.15.1.     Supporting brackets provided by the vehicle manufacturer for registration plates shall comply with the requirements of point  5.4  if
       they are contactable by a 100 mm diameter sphere when a registration plate  is  fitted  in  accordance  with  the  vehicle  manufacturer's
       recommendation.

6.16. Luggage racks and ski racks

6.16.1.     Luggage racks and ski racks shall be so attached to the vehicle that positive locking exists in  at  least  one  direction  and  that
       horizontal, longitudinal and transverse forces can be transmitted which are at least equal to the vertical load-bearing  capacity  of  the
       rack as specified by its manufacturer. For the test of the luggage rack or ski rack fixed to the vehicle according to  the  manufacturer's
       instructions, the test loads shall not be applied at one point only.

6.16.2.     Surfaces which, after installation of the rack, can be contacted by a sphere of 165 mm diameter shall not have parts  with  a  radius
       of curvature less than 2·5 mm, unless the provisions of point 6.3 can be applied.

6.16.3.     Fastening elements such as bolts that are tightened or loosened without tools shall not project more than 40 mm beyond  the  surfaces
       referred to in point 6.16.2, the projection being determined according to the method prescribed in point 2 of Annex II, but using a sphere
       of 165 mm diameter in those cases where the method prescribed in point 2.2 of that Annex is employed.

6.17. Radio receiving or transmitting aerials

6.17.1.     Radio receiving or transmitting aerials shall be fitted to the vehicle in such a way that if their unattached end is  less  than  2 m
       from the road surface in any position of use specified by the manufacturer of the aerial, it shall be  inside  the  zone  bounded  by  the
       vertical planes which are 10 cm inside the extreme outer edge of the vehicle as defined in point 2.7.

6.17.2.     Furthermore, aerials shall be so fitted to the vehicle, and if necessary their unattached ends so restricted, that  no  part  of  the
       aerials protrude beyond the extreme outer edge of the vehicle as defined in point 2.7.

6.17.3.     Shafts of aerials may have radii of curvature of less than 2·5 mm. However, the unattached ends shall be fitted with fixed  cappings,
       the radii of curvature of which are not less than 2·5 mm.

6.17.4.     The bases of aerials shall not project more than 30 mm when determined according to the procedure of point 2 of  Annex  II.  However,
       in the case of aerials with amplifiers built into the base, these bases may project up to 40 mm.

6.18. Assembly instructions

6.18.1.     Luggage racks, ski racks and radio receiving or transmitting aerials that have been type-approved as  separate  technical  units  may
       not be offered for sale, sold or purchased unless accompanied by assembly instructions. The assembly instructions shall contain sufficient
       information to enable the approved components to be mounted on the vehicle in a manner that  complies  with  the  relevant  provisions  of
       points 5 and 6. In particular, the positions of use must be indicated for telescopic aerials.

                                            ê 74/483/EEC

(7.)

(7.1.)

(7.1.1.)

(7.1.2.)

(7.2.)

8.    CONFORMITY OF PRODUCTION

(8.1.)

8.2.  In order to verify conformity with the approved type, a sufficient number  of  random  checks  shall  be  performed  on  serially  produced
       vehicles.

(9.)

(9.1.)

(9.2.)

(10.)

                                                                     ANNEX II

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

                                          METHODS OF DETERMINING THE DIMENSIONS OF PROJECTIONS AND GAPS

1.    METHOD OF DETERMINING THE HEIGHT OF THE PROJECTION OF FOLDS IN BODY PANELS

                                            ê 74/483/EEC
                                            è1 79/488/EEC Art. 1 pt. 2 and Annex

è1 1.1 ç    The height H of a projection is determined graphically by reference to the circumference of  a  165 mm  diameter  circle,  internally
       tangential to the external outline of the external surface at the section to be checked.

è1 1.2 ç    H is the maximum value of the distance, measured along a straight line passing through the centre  of  the  165 mm  diameter  circle,
       between the circumference of the aforesaid circle and the external contour of the projection (see Fig. 1).

è1 1.3 ç    In cases where it is not possible for a 100 mm diameter circle to contact externally part of the external  outline  of  the  external
       surface at the section under consideration, the surface outline in this area will be assumed to be that formed by the circumference of the
       100 mm diameter circle between its tangent points with the external outline (see Fig. 2).

è1 1.4 ç    Drawings of the necessary sections through the external surface shall be provided by the manufacturer to  allow  the  height  of  the
       projections referred to above to be measured.

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

2.    METHOD OF DETERMINING THE DIMENSION OF THE PROJECTION OF A COMPONENT MOUNTED ON THE EXTERNAL SURFACE

2.1.  The dimension of the projection of a component which is mounted on a convex surface may be determined either directly or by reference to  a
       drawing of an appropriate section of this component in its installed condition.

2.2.  If the dimension of the projection of a component which is mounted  on  a  surface  other  than  convex  cannot  be  determined  by  simple
       measurement, it shall be determined by the maximum variation of the distance of the centre of a 100 mm diameter sphere  from  the  nominal
       line of the panel when the sphere is moved over and is in constant contact with that component. Figure 3 shows an example of  the  use  of
       this procedure.

3.    METHOD OF DETERMINING THE PROJECTION OF HEADLIGHT VISORS AND RIMS

3.1.  The projection from the external surface of the headlight shall be measured horizontally from the point of contact  of  a  100 mm  diameter
       sphere as shown in Figure 4.

4.    METHOD OF DETERMINING THE DIMENSION OF A GAP OR THE SPACE BETWEEN ELEMENTS OF A GRILLE

4.1.  The dimension of a gap or space between elements of a grille shall be determined by the distance between two  planes  passing  through  the
       points of contact of the sphere and perpendicular to the line joining those points of contact. Figures 5 and 6 show examples of the use of
       this procedure.

                                            ê 74/483/EEC

                                                                      [pic]

                                                                     Figure 1

                                                                      [pic]

                                                                     Figure 2

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex

                                                                      [pic]

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex (adapted)

                                                                    ANNEX III

                                                                      MODEL

|                                                                                               |Name of administration               |

                                  ANNEX TO THE EC TYPE-APPROVAL CERTIFICATE WITH REGARD TO EXTERNAL PROJECTIONS

   [(Article 10 of 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)]

                                            ê 74/483/EEC

                                                                      [pic]

                                            ê 79/488/EEC Art. 1 pt. 2 and Annex (adapted)

                                                                     ANNEX IV

                                                                      MODEL

                                                        (Maximum format: A4 (210 × 297 mm)

|                                                                                               |Name of administration               |

                                            EC TYPE-APPROVAL CERTIFICATE FOR A SEPARATE TECHNICAL UNIT

  [(Article Ö 2 Õ of 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)]

|Separate technical unit: type of luggage rack, ski rack radio receiving or transmitting aerial (1)                                       |
| EC type-approval number for the separate technical unit......................................................................           |
|1.         |Trade name or mark ……………………………………………………………………………………                                                                          |
|2.         |Type …………………………………………………………………………………………………….                                                                                 |
|3.         |Manufacturer’s name and address ………………………………………………………………………                                                                  |
|           |………………………………………………………………………………………………………….                                                                                    |
|4.         |Name and address of manufacturer’s authorized representative, if any ……………………………….                                           |
|           |…………………………………………………………………………………………………………                                                                                     |
|5.         |Characteristics of the separate technical unit ………………………………………………………….                                                       |
|           |…………………………………………………………………………………………………………..                                                                                   |
|6.         |Limitations of use, if any, and assembly instructions ………………………………………………….                                                   |
|           |…………………………………………………………………………………………………………..                                                                                   |
|7.         |Specimen required for EC type-approval of a separate technical unit submitted on …….                                         |
|8.         |Technical service ……………………………………………………………………………………….                                                                         |
|9.         |Date of test report issued by that service ……………………………………………………………….                                                         |
|10.        |Number test report issued by that service ………………………………………………………………                                                           |
|11.        | EC type-approval for separate technical units has been granted/refused (1) in respect of the luggage rack(s), ski rack(s),  |
|           |radio receiving or transmitting aerial(s) (1)                                                                                |
|12.        |Place …………………………………………………………………………………………………….                                                                                |
|13.        |Date ……………………………………………………………………………………………………..                                                                                |
|14.        |Signature ……………………………………………………………………………………………….                                                                              |
|15.        |The following documents, bearing the abovementioned EC type-approval number for a separate technical unit, are annexed to    |
|           |this certificate: ……………….. (give details where appropriate)                                                                  |
|16.        |Remarks ………………………………………………………………………………………………..                                                                               |
|(1) Delete as appropriate.       |                                                                                                        |

                                                                  _____________

                                            é

                                                                     ANNEX V

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                            (referred to in Article 7)

|Council Directive 74/483/EEC                                                         |                                              |
|(OJ L 266, 2.10.1974, p. 4)                                                          |                                              |
|Commission Directive 79/488/EEC                                             |                                                     |
|(OJ L 128, 26.5.1979, p. 1)                                                 |                                                     |
|Council Directive 87/354/EEC                                                |Point 5 of the Annex only                            |
|(OJ L 192, 11.7.1987, p. 43)                                                |                                                     |

                                                                      Part B

                                                        Non-repealed successive amendments
                                                            (referred to in Article 7)

|1985 Act of Accession                                                                                                                    |
|1994 Act of Accession                                                                                                                    |
|2003 Act of Accession                                                                                                                    |

                                                                      Part C

                                     List of time-limits for transposition into national law and application
                                                            (referred to in Article 7)

|Directive                                 |Time-limit for transposition                   |Date of application                            |
|74/483/EEC                                |1 June 1975                                    |1 October 1975                                 |
|79/488/EEC                                |31 December 1979(*)                            |-                                              |
|87/354/EEC                                |31 December 1987                               |-                                              |

(*) In conformity with Article 2(1), (2) and (3) of Directive 79/488/EEC:

1. As from 1 January 1980, Member States shall not, on grounds relating to external projections:

     – refuse, in respect of a type of motor vehicle, to grant EEC type-approval, or to issue the copy of the certificate  provided  for  in  the
       last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or

     – refuse to grant EEC type-approval for luggage racks, ski  racks  or  radio  receiving  or  transmitting  aerials  considered  as  separate
       technical units within the meaning of Article 9a of Directive 70/156/EEC, or

     – prohibit the entry into service of vehicles,

where the external projections of such type of vehicle or of such vehicles or of the aforementioned separate  technical  units  comply  with  the
provisions of Directive 74/483/EEC, as last amended by this Directive.

2. As from 1 October 1981 Member States:

     – shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect  of
       a type of vehicle if its external projections do not comply with  the  provisions  of  Directive  74/483/EEC,  as  last  amended  by  this
       Directive,

     – may refuse national type-approval of a type of motor vehicle if its external projections do not comply with the  provisions  of  Directive
       74/483/EEC, as last amended by this Directive.

3. As from 1 October 1983, Member States may prohibit the entry into service of any vehicle if its external projections do not  comply  with  the
provisions of Directive 74/483/EEC, as last amended by this Directive.

                                                                  _____________

                                                                     ANNEX VI

                                                                Correlation Table

|Directive 74/483/EEC                                                 |This Directive                                                       |
|Article 1                                                            |Article 1                                                            |
|Article 2, introductory phrase                                       |Article 2, introductory phrase                                       |
|Article 2, first indent                                              |Article 2, point (a)                                                 |
|Article 2, second indent                                             |Article 2, point (b)                                                 |
|Article 3                                                            |Article 3                                                            |
|Article 4, first sentence                                            |Article 4, first paragraph                                           |
|Article 4, second sentence                                           |Article 4, second paragraph                                          |
|Article 4, third sentence                                            |Article 4, third paragraph                                           |
|Article 5                                                            |Article 5                                                            |
|Article 6(1)                                                         |-                                                                    |
|Article 6(2)                                                         |Article 6                                                            |
|-                                                                    |Article 7                                                            |
|-                                                                    |Article 8                                                            |
|Article 7                                                            |Article 9                                                            |
|Annexes I to IV                                                      |Annexes I to IV                                                      |
|-                                                                    |Annex V                                                              |
|-                                                                    |Annex VI                                                             |

                                                                  _____________

                                                             -----------------------
[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 V, Parts A and B of this proposal.
[5]   OJ C
[6]   OJ C
[7]   OJ L 266, 2.10.1974, p. 4. Directive as last amended by 2003 Act of Accession.
[8]   [OJ L 42, 23. 2. 1970, p. 1, as last amended by Commission Directive 2004/78/EC (OJ L 153, 30.4.2004, p. 103).]
[9]   See Annex V, Parts A and B.
[10]  Published as Annex I to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the  Agreement
      of the United Nations Economic Commission for Europe concerning the adoption of  uniform  technical  prescriptions  for  wheeled  vehicles,
      equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal  recognition  of  approvals
      granted on the basis of these prescriptions (“Revised 1958 Agreement”), OJ L 346, 17.12.1997, p. 78.
[11]  The text of the Annexes is basically similar to that of Regulation No 26 of the Economic Commission for Europe of the  United  Nations.  In
      particular the subdivision of the sections is the same. Where a point of Regulation No 26 has no corresponding point in  the  Annexes,  the
      number is none the less given for the record in brackets.
[12]  è1 1 for Germany, 2 for France, 3 for Italy, 4 for the Netherlands, è3 5 for Sweden, ç 6 for Belgium, è4 7 for Hungary,  8  for  the  Czech
      Republic, ç 9 for Spain, 11 for the United Kingdom, è3 12 for Austria, ç 13 for Luxembourg, è3 17 for Finland, ç 18 for Denmark, è4 20  for
      Poland, ç 21 for Portugal, è2 23 for Greece, ç 24 for Ireland, è4 26 for Slovenia, 27 for Slovakia, 29 for Estonia, 32 for Latvia,  36  for
      Lithuania, 49 for Cyprus, 50 for Malta. ç ç