CELEX: 51978FC0316
Language: en
Date: 2007-03-21
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] on the interior fittings of motor vehicles (identification of controls, tell-tales and indicators) (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

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

                                                                      of […]

                        on the interior fittings of motor vehicles (identification of controls, tell-tales and indicators)

                                                                (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 78/316/EEC of 21 December 1977  on  the  approximation  of
       the laws of the Member States  relating  to  the  interior  fittings  of  motor  vehicles  (identification  of  controls,  tell-tales  and
       indicators)[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 bringing  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 78/316/EEC  and
       the instrument 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 VIII to the codified Directive.

                                            ê 78/316/EEC (adapted)

                                                                  Proposal for a

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

                                                                      of […]

                        on the interior fittings of motor vehicles (identification of controls, tell-tales and indicators)

                                                            (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 78/316/EEC of 21 December 1977 on the approximation of the laws of the Member States relating to the interior fittings of
      motor vehicles (identification of controls, tell-tales and indicators)[7] laid down  technical  prescriptions  concerning  the  design  and
      construction of motor vehicles as regards the identification of controls, tell-tales and indicators  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  78/316/EEC  has  been  substantially
      amended[9]. In the interests of clarity and rationality the said Directive should be codified.

                                            ê 93/91/EEC recital 1 (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  should  apply  to  this
      Directive. Õ

                                            ê 78/316/EEC recital 4 (adapted)

   3) Ö This EC type approval procedure should entail reciprocal recognition by Member States of the checks carried out by each of  them  on  the
      basis of the common requirements. 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 of the Directives set out in Annex VII, Part B,

                                            ê 78/316/EEC
                                            è1 93/91/EEC Art. 1(1)

HAVE ADOPTED THIS DIRECTIVE:

                                                                    Article 1

For the purposes of this Directive, «vehicle» means any motor vehicle intended for use on the road, having at least four  wheels  and  a  maximum
design speed exceeding 25 km/h, with the exception of vehicles which run on è1 rails and of agricultural and forestry  tractors  and  all  mobile
machinery. ç

                                                                    Article 2

                                            ê 78/316/EEC (adapted)

No Member State may refuse to grant EC type-approval or national type-approval of  a  vehicle  on  grounds  relating  to  the  identification  of
controls, tell-tales and indicators, if these satisfy the requirements laid down in Annexes I to IV.

                                            ê 78/316/EEC (adapted)

                                                                    Article 3

No Member State may refuse Ö registration Õ or prohibit the sale, entry  into  service  or  use  of  any  vehicle  on  grounds  relating  to  the
identification of controls, tell-tales and indicators if these satisfy the requirements laid down in Annexes I to IV.

                                                                    Article 4

                                            ê 78/316/EEC (adapted)

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

                                            ê 78/316/EEC (adapted)

                                                                    Article 5

Ö Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in  the  field  covered  by
this Directive. Õ

                                            ê .

                                                                    Article 6

Directive 78/316/EEC, as amended by the Directive listed in Annex VII, Part A, is repealed without prejudice to the  obligations  of  the  Member
States relating to the time-limits for transposition into national law of the Directives set out in Annex VII, Part B.

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 VIII.

                                                                    Article 7

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 78/316/EEC Art. 6

                                                                    Article 8

This Directive is addressed to the Member States.

Done at Brussels, […]

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

                                            ê 78/316/EEC (adapted)
                                            è1 93/91/EEC Art. 1(2) and Annex

                                                                 LIST OF ANNEXES

|Annex I:          |Scope, definitions, application for EC type-approval, EC type-approval, specifications                             |
|Annex II:         |Controls, tell-tales and indicators for which, when fitted, identification is mandatory, and symbols to be used for|
|                  |that purpose                                                                                                       |
|Annex III:        |Controls, tell-tales and indicators for which, when fitted, identification is optional, and symbols which must be  |
|                  |used if they are to be identified                                                                                  |
|Annex IV:         |Construction of the basic pattern for the symbols shown in Annexes II and III                                      |
|Annex V:          |è1 Information document ç                                                                                          |
|è1 Annex VI: ç    |è1 Model: EC type-approval certificate. ç                                                                          |
|Ö Annex VII Õ     |Ö Part A: Repealed Directive with its amendment Õ                                                                  |
|                  |Ö Part B: List of time-limits for transposition into national law Õ                                                |
|Ö Annex VIII Õ    |Ö Correlation table Õ                                                                                              |

                                                                     ANNEX I

                                            ê 78/316/EEC (adapted)

                              SCOPE, DEFINITIONS, APPLICATION FOR EC TYPE-APPROVAL, EC TYPE-APPROVAL, SPECIFICATIONS

                                            ê 78/316/EEC
                                            è1 93/91/EEC Art. 1(2) and Annex

1.    SCOPE

      This Directive applies to motor vehicles with regard to the identification of manual controls, tell-tales and indicators.

2.    DEFINITIONS

è1 2.1. ç   Vehicle type

      «Vehicle type» means motor vehicles which do not differ in respect of the internal arrangements which  may  affect  the  identification  of
       symbols for controls, tell-tales and indicators.

è1 2.2. ç   Control

      «Control» means that part of a device which enables the driver to bring about a change in the state or functioning of a vehicle.

è1 2.3. ç   Indicator

      «Indicator» means a device which presents information on the functioning or situation of a system or part of a system, for example a  fluid
       level.

è1 2.4. ç   Tell-tale

      «Tell-tale» means an optical signal which indicates the actuation of a device, correct or defective functioning or  condition,  or  failure
       to function.

è1 2.5. ç   Symbol

      «Symbol» means a diagram identifying a control, a tell-tale or an indicator.

                                            ê 93/91/EEC Art. 1(2) and Annex

2.6.  Information display device

      «Information display device» means a display device capable of displaying more than one type of information or message.

                                            ê 78/316/EEC (adapted)

3.    APPLICATION FOR EC TYPE-APPROVAL

                                            ê 93/91/EEC Art. 1(2) and Annex (adapted)

3.1.  The application for EC type-approval pursuant to  [Article  3  (4)  of  Directive  70/156/EEC]  of  a  vehicle  type  with  regard  to  its
       identification of controls, tell-tales and indicators shall be submitted by the manufacturer.

3.2.  A model for the information document is given in Annex V.

                                            ê 78/316/EEC

3.3.  A vehicle representative of the type to be approved or such part or parts of the vehicle as are considered to  be  necessary  for  carrying
       out the checks and tests prescribed by this Directive must be submitted to the technical service  responsible  for  conducting  the  type-
       approval tests.

                                            ê 93/91/EEC Art. 1(2) and Annex (adapted)

4.    GRANTING OF EC TYPE-APPROVAL

4.1.  If the relevant requirements are satisfied, EC type-approval pursuant to [Article 4 (3) of Directive 70/156/EEC] shall be granted.

4.2.  A model for the EC type-approval certificate is given in Annex VI.

4.3.  An approval number in accordance with [Annex VII to Directive 70/156/EEC] shall be assigned to each type  of  vehicle  approved.  The  same
       Member State shall not assign the same number to another type of vehicle.

                                            ê 78/316/EEC
                                            è1 93/91/EEC Art. 1(2) and Annex

5.    SPECIFICATIONS

5.1.  General specifications

5.1.1.      è1 Where fitted, the controls, tell-tales and indicators listed in Annex II must be identified by symbols. ç The symbols must  be  in
       conformity with those indicated in the said Annex.

                                            ê 93/91/EEC Art. 1(2) and Annex

5.1.2.      If symbols are used for identifying the controls, tell-tales and indicators listed in Annex III, such symbols must be  in  conformity
       with those indicated in the said Annex.

5.1.3.      Symbols other than those shown in Annexes II and III may be used to identify controls, tell-tales and indicators,  other  than  those
       listed in this Directive, provided that there is no danger of confusion with those shown in the said Annexes.

                                            ê 78/316/EEC

5.1.4.      «Conformity» means having proportional dimensional characteristics.

                                            ê 93/91/EEC Art. 1(2) and Annex

5.1.5.      An information display device may be used to display messages from any source meeting the following requirements:

5.1.5.1.    the brake, main-beam and direction-indicator tell-tales shall not appear in the same information display device;

5.1.5.2.    the tell-tales and indicators in an information display device must provide relevant information whenever the situation  that  causes
       them to operate arises;

5.1.5.3.    if two or more messages are given, they must either be repeated automatically in sequence or be indicated in such a manner as  to  be
       visible to and identifiable by the driver;

5.1.5.4.    the requirements of Annex III regarding colour do not apply to tell-tales and indicators appearing in an information display device.

                                            ê 78/316/EEC

5.2.  Characteristics of the symbols

5.2.1.      The symbols prescribed in point 5.1.1 shall be identifiable, from his seat, by a driver with normal eyesight.

5.2.2.      The symbols prescribed in points 5.1.1 and 5.1.2 must be on or close to the controls, tell-tales and indicators.

                                            ê 93/91/EEC Art. 1(2) and Annex

5.2.3.      The symbols must stand out clearly against the background.

5.2.4.      The colours used for tell-tales must be those prescribed in Annexes II and III.

5.2.5.      Where a control, an indicator or a tell-tale are combined, a common symbol may be used for such a combination.

6.    AMENDMENTS TO APPROVALS

                                            ê 93/91/EEC Art. 1(2) and Annex (adapted)

      In the case of amendments to approvals granted pursuant to this Directive, the provisions of [Article  5  of  Directive  70/156/EEC]  shall
       apply.

                                            ê 93/91/EEC Art. 1(2) and Annex

7.    CONFORMITY OF PRODUCTION

                                            ê 93/91/EEC Art. 1(2) and Annex (adapted)

      Measures to ensure the conformity of production shall be taken in accordance with the provisions laid down  in  [Article  10  of  Directive
       70/156/EEC].

                                            ê 78/316/EEC

                                                                     ANNEX II

         CONTROLS, TELL-TALES AND INDICATORS FOR WHICH, WHEN FITTED, IDENTIFICATION IS MANDATORY, AND SYMBOLS TO BE USED FOR THAT PURPOSE

                                            ê 93/91/EEC Art. 1(2) and Annex

(Symbols are in accordance with International Standard ISO 2575, fourth edition — 1982-11-15.)

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                            ê 78/316/EEC

                                                                    ANNEX III

     CONTROLS, TELL-TALES AND INDICATORS FOR WHICH, WHEN FITTED, IDENTIFICATION IS OPTIONAL, AND SYMBOLS WHICH MUST BE USED IF THEY ARE TO BE
                                                                    IDENTIFIED

                                            ê 93/91/EEC Art. 1(2) and Annex

(Symbols are in accordance with International Standard ISO 2575, fourth edition 1982-11-15).

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                            ê 78/316/EEC

                                                                     ANNEX IV

                                  CONSTRUCTION OF THE BASIC PATTERN FOR THE SYMBOLS SHOWN IN ANNEXES II AND III

                                                                      [pic]

                                                                     Figure 1

                                                                  Basic pattern

The basic pattern comprises:

1.    a basic square of side 50 mm; this dimension is equal to the nominal dimension, «a», of the basic pattern;

2.    a basic circle of 56 mm diameter having approximately the same area as the basic square (1);

3.    a second circle of 50 mm diameter, being the inscribed circle of the basic square (1);

4.    a second square whose corners touch the basic circle (2) and whose sides are parallel to those of the basic square (1);

5 and 6.    two rectangles having the same area as the basic square (1); they are mutually perpendicular, each  being  drawn  to  cross  opposite
       sides of the basic square symmetrically;

7.    a third square whose sides pass through the points of intersection of the basic square (1) and the basic circle (2) and are at an angle  of
       45°, giving the largest horizontal and vertical dimensions of the basic pattern;

8.    an irregular octagon, formed by lines at an angle of 30° to the sides of the square (7).

The basic pattern is superimposed on a 12·5 mm grid which coincides with the basic square (1).

                                            ê 93/91/EEC Art. 1(2) and Annex

                                                                     ANNEX V

                                                         INFORMATION DOCUMENT No ... (*)

                                            ê 93/91/EEC Art. 1(2) and Annex (adapted)

      pursuant to [Annex I to Council Directive 70/156/EEC] relating to EC type-approval of a vehicle with respect to the interior fittings
                                 (identification of controls, tell-tales and indicators) (Directive [78/316/EEC])

The following information, if applicable, must be supplied in triplicate and include a list  of  contents.  Any  drawings  must  be  supplied  in
appropriate scale and in sufficient detail on size A 4 or on a folder of A 4 format. Photographs, if any, must show sufficient detail.

If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.

0.    GENERAL

0.1.  Make (trade name of manufacturer):

0.2.  Type and general commercial description(s):

0.3.  Means of identification of type, if marked on the vehicle (b):

0.3.1.      Location of that marking:

0.4.  Category of vehicle (c):

0.5.  Name and address of manufacturer:

0.8.  Address(es) of assembly plant(s):

1.    GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE

1.1.  Photographs and/or drawings of a representative vehicle:

9.    BODYWORK

9.10. Interior fittings

9.10.2.     Arrangement and identification of controls, tell-tales and indicators

9.10.2.1.   Photographs and/or drawings of the arrangement of symbols and controls, tell-tales and indicators:

9.10.2.2.   Photographs and/or drawings of the identification of controls, tell-tales and indicators  and  of  the  vehicle  parts  mentioned  in
       Ö this Õ Directive where relevant:

9.10.2.3.   Summary table:

       The vehicle is equipped with the following controls, indicators and tell-tales pursuant to Annexes II and III to Ö this Õ Directive :

____________

(*) The item numbers and footnotes used in this Information Document correspond to those set out in [Annex I to  Directive  70/156/EEC,  as  last
amended by Ö Commission Õ Directive Ö 2004/78/EC Õ ].
Items not relevant for the purpose of this Directive are omitted.

                                            ê 93/91/EEC Art. 1(2) and Annex

                                                                      [pic]

                                                                      [pic]

                                                                     ANNEX VI

                                                                      MODEL

                                                       (maximum format: A4 (210 x 297 mm))

                                                           EC TYPE-APPROVAL CERTIFICATE

                                                                                                                                            [pic]

Communication concerning the

     – EC type-approval (1)

     – extension of EC type-approval (1)

     – refusal of EC type-approval (1)

     – withdrawal of EC type-approval (1)

of a type of vehicle/component/separate technical unit (1) with regard to Directive [78/316/EEC]

Type-approval number :

Reason for extension :

                                                                    SECTION I

0.1.  Make (trade name of manufacturer):

0.2.  Type and general commercial description(s):

0.3.  Means of identification of type if marked on the vehicle/component/separate technical unit (1) (2):

0.3.1.      Location of that marking:

0.4.  Category of vehicle (3):

0.5.  Name and address of manufacturer:

0.7.  In the case of components and separate technical units, location and method of affixing of the EC type-approval mark:

0.8.  Name(s) and address(es) of assembly plant(s):

                                                                    SECTION II

1.    Additional information (where applicable): see Appendix

2.    Technical service responsible for carrying out the tests:

3.    Date of test report:

4.    Number of test report:

5.    Remarks (if any): see Appendix

6.    Place:

7.    Date:

8.    Signature:

9.    The index to the information package lodged with the approval authority, which may be obtained on request, is attached.

___________

(1) Delete where not applicable.
(2) If the means of identification of the type contains characters not relevant to describe the vehicle, component  or  separate  technical  unit
types covered by this information document/type-approval certificate such characters shall be represented in the documentation by the symbol  ‘?’
(e.g. ABC??123??).
(3) As defined in Part A of Annex II to Directive 70/156/EEC.

                                                                     Appendix

                                            ê 93/91/EEC Art. 1(2) and Annex (adapted)

                                                      to EC type-approval certificate No ...

                                 concerning the type-approval of a vehicle with regard to Directive [78/316/EEC]

1. Additional information

Not applicable

5. Remarks:

(e.g. valid for both left-hand drive and right-hand drive vehicles)

                                                                  _____________

                                            é

                                                                    ANNEX VII

                                                                      Part A

                                                      Repealed Directive with its amendment
                                                            (referred to in Article 6)

|Council Directive 78/316/EEC                                                  |(OJ L 81, 28.3.1978, p. 3)                           |
|Commission Directive 93/91/EEC                                                 |(OJ L 284, 19.11.1993, p. 25)                        |

                                                                      Part B

                                             List of time-limits for transposition into national law
                                                            (referred to in Article 6)

|Directive                                                            |Time-limit for transposition                                        |
|78/316/EEC                                                           |30 June 1979                                                        |
|93/91/EEC                                                            |30 March 1994 (*)                                                   |

(*) In conformity with Article 2 of Directive 93/91/EEC:

1. With effect from 1 April 1994 Member States may not, on grounds relating to interior fittings  (identification  of  controls,  tell-tales  and
indicators):

     – refuse, in respect of a type of motor vehicle, to grant EEC type-approval, or to grant national type-approval,

       or

     – prohibit the registration, sale or entry into service of vehicles

if the interior fittings (identification of controls, tell-tales and indicators) comply with the requirements of Directive 78/316/EEC as  amended
by this Directive.

2. With effect from 1 October 1995 the Member States:

     – shall no longer grant EEC type-approval for a type of vehicle,

     – may refuse to grant national type-approval for a type of vehicle, and

     – may refuse the registration, sale and entry into service of new vehicles which are not accompanied  by  a  certificate  of  conformity  in
       accordance with Directive 70/156/EEC

on grounds relating to interior fittings (identification of controls, tell-tales and indicators) if the requirements of Directive 78/316/EEC,  as
amended by this Directive, are not fulfilled.

                                                                  _____________

                                                                    ANNEX VIII

                                                                Correlation Table

|Directive 78/316/EEC                                                 |This Directive                                                       |
|Articles 1 - 4                                                       |Articles 1 – 4                                                       |
|Article 5(1)                                                         |-                                                                    |
|Article 5(2)                                                         |Article 5                                                            |
|-                                                                    |Article 6 and 7                                                      |
|Article 6                                                            |Article 8                                                            |
|Annex I                                                              |Annex I                                                              |
|Annex I, points 1 to 5                                               |Annex I, points 1 to 5                                               |
|Annex I, points 6 and 6.1                                            |Annex I, point 6                                                     |
|Annex I, points 7 and 7.1                                            |Annex I, point 7                                                     |
|Annexes II to VI                                                     |Annexes II to VI                                                     |
|-                                                                    |Annex VII                                                            |
|-                                                                    |Annex VIII                                                           |

                                                                  _____________

                                                             -----------------------
[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 VII, Part A of this proposal.
[5]   OJ C
[6]   OJ C
[7]   OJ L 81, 28.3.1978, p. 3. Directive as amended by Commission Directive 93/91/EEC (OJ L 284, 19.11.1993, p. 25.
[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 VII, Part A.