CELEX: 51976PC0702
Language: en
Date: 1976-12-23
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO HEATING SYSTEMS FOR THE PASSENGER COMPARTMENT OF MOTOR-VEHICLES PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE WHEEL GUARDS OF MOTOR VEHICLES (submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 702
Vol. 1976/0208
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM(76 ) 702 final
                                       Brussels , 23 December 1976
                                 PROPOSAL
                          FOR A COUNCIL DIRECTIVE
                     ON THE APPROXIMATION OF THE LAWS OP
             THE MEMBER STATES RELATING TO HEATING SYSTEMS FOR
             .  THE PASSENGER COMPARTMENT OF MOTOR-VEHICLES
                                 PROPOSAL
                          FOR A COUNCIL DIRECTIVE
                     ON THE APPROXIMATION OF THE LAWS OF
                      THE MEMBER STATES RELATING TO THE
                       WHEEL GUARDS OF MOTOR VEHICLES
                ( submitted by the Commission to the Council )
 COM(76 ) 702 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
 I. General
 The procedure for the Community type approval of motor vehicles and
  their trailers , covered by the Council Directive 70/156/EEC of 6
  February 1970 ( 1 ), did not mention hitherto the heating of the inte­
  rior and the wheel guards of motor vehicles . However , since this
  Directive was adopted , some Member States considered it necessary
  to adopt , on a national level , requirements concerning those parts of
  vehinles .
  Some of these national requirements concern more particularly vehi­
   cles of category        , i.e. private motor vehicles and other vehicles
   used for the transport of passengers and having no more than 9 seats . .
   For-ythis reason , the Commission , in agreement with the experts of the
   Member States , considered it advisable to include , from the present
   moment , in the modification to this Directive which will soon be
   proposed to the Council , the 5tems " heating of the interior " and
 " wheel guards " for which reference will be made to particular direct
    tives .
   This measure will complete the Community type approval procedure and
    ensure the implementation of this procedure in the near future , at
   least for this category of vehicles .
   This document relates to the Commission proposals concerning the
   above-mentioned directives® These proposals provide for the compul­
    sory fitting of vehicles covered by their field of application with
    a heating device and with parts covering their wheels . The annexes of
    the proposed directives set out the necessary requirements for an ap­
    propriate design of these parts of the concerned vehicles , in order
    to ensure , in the case of the heating of the interior , the safety
    and comfort of passengers and , in the case of wheel guards , to pro­
    tect other persons in the traffic , against the possible throwing up
    of stones , mud , water , etc ...
                                                                   « • «/ 9 •
(1 ) 0J N° L *f2 of 23.2.1970
 ---pagebreak---                                      - 2 -
    II . Comments on the proposal for a Directive
   Its scope is restricted to motor vehicles falling within category M1
   (private motor vehicles and any other vehicle intended to transport
  persons and having no more than ? seats ) intended for use on the road
jrWha(AmSef1K "h'elS and a maxiïïlum desiSn speed in excees of
     rticle 2 incorporates in the EEC procedure for type approval the re­
    quirements relating to the heating of interior and whell guards for
   vehicles specified in Article 1 .
   Since at the moment some nev* Member States do not operate their own
   type approval procedure it is necessary to lay down provisions ena­
   bling vehicles complying with the requirements of the Directive
   (Article 3 ) ( 1 ) to be used in those Member States .
  Article k lays down the procedure for adapting the requirements set
   out in the annexes to technical progress . This procedure is set out
   in Article 13 of the Council Directive of 6 February 1970 on the type
  approval of motor vehicles and of their trailers .
  Article 5 provides for two deadlines : before expiry of the first
  deadline the Member States have to adopt and publish the measures
  necessary in order to comply with the Directive .      The second dead­
  line determines the date on which all ;: of the Member States must
 simultaneously implement the common rules (Article 6 , (1 ) ).
 Finally , the Commission must be informed , within reasonable time ,
 of any draft provision drawn up by the Member States in the field
 covered by the Directive , since such information will enable the
 Commission to prepare any comments on the draft considered neces­
 sary (Article 5 , ( 2 ) ).
         –«
Co N° L ,.'3 of 27 March 1972 "Documents concerning the accession to
 ♦ be European Communities of the Kingdom of Denmark , Ireland , the
"United Kingdom and Northern Ireland".
Act concerning the* conditions of accession and the adjustments to the
Treati ?G - Annex I , Title 'x .
 ---pagebreak---                                 - 3 -
II . CONSULTATION OF THE EUROPEAN PARLIAMENT AND OF THE ECONOMIC
     AND SOCIAL COMMITTEE
The opinion of both these bodies is required as laid down in the pro­
visions of Article 100 . ( 2 ),
 ---pagebreak---                   PROPOSAL TOR A
             COUNCIL  DIRECTIVE
        on the approximation of the laws of
the Member States relating to heating systems for
   the bassencer compartment , of motor-vehicles
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 100 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
Having regard to the Opinion of the Economic and Social Committee ,
Whereas the technical requirements which motor vehicles must satisfy
pursuant to national laws relate inter alia to heating systems for the
passenger compartment of motor-vehicles ;
Whereas those requirements differ from one Member State to another ;
 whereas it is therefore necessary that all Member States adopt the sa­
 me requirements either in addition to or in place of their existing
 rules , in order , in particular , to allow the EEC type-approval proce­
 dure, which was the subject of Council Directive 70/156/EEC of 6 Fe­
 bruary 1970 on the approximation of the laws of the Member States re­
 lating to the type-approval of motor vehicles and their trailers ( 1 );
 to be introduced in respect of each type of vehicle ;
Whereas the approximation of     national laws relating to motor vehicles
entails the mutual recognition by the Member States of the inspections
 carried out by each of them on the basis of the common requirements ; whereas ,
 for it to operate effectively, such a system calls for the implementation of
 these requirements by all Member States with effeot from the same date ,
 HAS ADOPTED THIS DIRECTIVE t
 OJ N * L 42 , 23.2.1970 , p. 1
 ---pagebreak---                                  Article 1
For the purpose of this Directive , "vehicle " means any motor vehicle
in category       ( defined ia Annex I of Directive 70/156/EEC ) designed
for use on the road , having at least four wheels and a Maximum design
speed exceeding 2.5 km/h , with the exception of Vehicles which run on
rails , agricultural or forestry tractors and machinery and public
works vehicles *
                                 Article 2
No Member. State may refuse to grant EEC type-approval or national
type-approval of a vehicle on grounds relating to the heating sys­
tem for the passenger compartment if the latter satisfies the
 requirements laid down in Annex I *
                                 Article 3
No Member State may refuse to register or may prohibit the sale , entry
into service or use of any vehicle on grounds relating to the heating
system for the passenger compartment if the latter satisfies the
 requirements laid down in Annex I *
                                 Article k
Any     amendments           necessary to adapt the provisions of the
Annexes to take account of technical progress shall be adopted in
accordance with the procedure laid down in Article 13 of
Directive      7O/156 /EEC .
                                 Article 5
• • Member States shall adopt and publish the provisions necessary to com­
    ply with this Directive by 1 June 1978 and shall im­
    mediately inform the Commission thereof * They shall apply these
    provisions from 1      January 1979 *
 ---pagebreak---                                   - 3 -
2 . As soon as this Directive has "been notified,    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 latter to make its comments thereon *
                                 Article 6
This Directive is addressed to the Member States .
 ---pagebreak---                                 ANNEX I
 1.        Definition
           For the purpose of this Directive "Heating system for the
          passenger compartment of the vehicle " means any system which
           can raise the temperature in the space reserved for the oc­
           cupants of the vehicle and which uses heat from the engine
           for this purpose .
2.         Spécifications
2.1 .     All vehicles must Tie fitted with a device for heating the
           the passenger compartment .
2.2 .     The device must Tie designed in such a way that :
2.2.1 .    the heated air entering the passenger compartment is not
          polluted by exhaust gases ;
2.2.2 .   the occupants of the vehicle cannot come into contact with
          any parts of this device which are liable to reach tempe­
          ratures in excess of 70*0 }
2.2.3 .   the hot air entering the passenger compartment must not reach
          temperatures which are liable to cause burns to the occupants .
2.3 .     The requirements set out in section 2.2.1 . are fulfilled in
          respect of heating systems which collect heat from the ex­
          haust gases and / or cooling air from the engine , provided
          that the following conditions are met :
2.3.1 .   the heat exchanger in the device must be leaktight at a
          pressure of at least 2 bar .
2.3-2 .   the component of the heat exchanger through which the heated
          air passes must not include any detachable components *
2.3.3 .   The part of the exhaust-gas heat exchanger wall , where the
          heat exchange takes place , must be at least 2 mm thick if
          made of non-alloyed steels .
2.3-3»1 • in cases where other materials are used ( including compo­
          site or coated materials ) the thickness of the wall must be
          such as to ensure that the wall has the same service life
          as the complete device *
2.3.3.2 . if the part of the exchanger where the heat transfer takes
          place is enamelled , the wall . where such enamel is must be
          at least 1 nm thick . This coating must be durable and
          leak- tight , and must not be porous . .
                                                             ♦ • «/• » *
 ---pagebreak---                                       - 2 -                Annex I P « 2
            The   pipe conducting the exhaust gases must
             at least 50 mm long in which any corrosion "kich may
                                                                      * o^ur°*
             should take placet this section must be situ ated di         y
             downstream of the heat exchanger . It must always
             vered and easily accessible .
2 3 .l+. 1 . The wall of this section must not be thicker than the pipes
              for the exhaust gases situated inside the heat exchange
              and the materials and surface properties of this sect Q
              nust be comparable with those of these pipes .
 2.3 . 2 . Ifexhaust
                   the t s^.^ncer
                            nt exchanger forms a single unit with the vehicle
                                   , the external wall of the latter mus ®
               considered as the section where any corrosion which may oc­
               cur should take place , in compliance with item 2.3 *^*^«
  2.3«5 *            there are any welds in the walls of the heat exchanger ,
                ts-ch welds must be able to withstand any stresses occurring
                dur:..-^ operation of the exchanger and must not affect the
                servii' ..- life of c>e exchanger .
   3.            APPLICATION FOR ESC TYPE-APPROVAL
   ;>•»          The application for EEC approval with regard to the pas­
                  senger compartment heating system of a vehicle type shall
                  *><- submitted by the vehicle manufacturer or his represen­
                  tative ..
    3.2 .         It shall be accompanied by the following documents in tri­
                  plicate , and by the following particulars :
    3*2.1 .       a detailed description of th® vehicle type with regard to
                  the heating system for the passenger compartment ; the
                  engine type must be stated ;
    3°2.2 »       - layout drawing of the heating system , showing its posi­
                      tion in the vehicle .
    3.3 .         In the case of a heating system as defined in item 2.3 »»
                  the technical authority may require a sample of the heat
                  exchanger used in this type of system and / or any other
                  component needed to prove that the exchanger complies
                  with the requirements in the above item .
    3 - t*»       A vehicle representative of the type of vehicle to be ap­
                  proved must be submitted to th® technical authority res­
                  ponsible for conducting type-approval tests .
 ---pagebreak---                                         ANNEX II
                      ( Maximaux foratat 5 Â«f ( 210 x 297 mm )
                                                                  Name of
                                                               administration
  Annex to the EEC type-approval certificate for a vehicle type with
  regard to the heating system for the passenger compartment ( Articles
  ^( 2 ) and 10 ( 2 ) of Council Directive 70/156/ESC on the approximation
  of the laws of the Member States relating to the type-approval of mo­
  tor vehicles and their trailers )
  Type-approval N *.. •                        .
  1 . Make ( trade name )
  2 . Vehicle type              ............
  3 . Manufacturer * s name and address
        If applicable , name and address of manufacturer 's representative
  5 . General description of the type of vehicle with regard to the
        heating system                                          .
  6 . Vehicle submitted for approval on
  7 . Technical service conducting the EEC type-approval tests
  8 . Date of report issued by that service
  9 * Number of report issued by that service
                                                                      . , ^
  10 . EEC type-approval with regard to heating system is granted/re- \
         fused (*)            ^       1 . . . ........... . • *
  11 . Place ... ....... .......... ...........c ............ .............
  12 . Date
  13 > Signature
   1*f . The following documents , bearing the type-approval number given
                are annexed to this type-approval certificate 1
                                     detailed daeeriptiona and asseasbly drawing
            the beating syaisiE aaa of aay parts of the vehicle regarded aa
               of Asterast in «e«aeetleB vitfc tfeis Directive *
'* J          where * aattBliaa'!#!®-
 ---pagebreak---              PROPOSAL FOR A
         COUNCIL DIRECTIVE
on the approximation of the laws
 the Member States relating to th
  wheel guards of motor vehicles .
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 100 thereof ,
                                    i
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the    European Parliament ,
Having regard to the Opinion of the Economic and Social Committee ,
Whereas the technical requirements which motor vehicles must satisfy
pursuant to national laws relate inter alia to their wheel guards {
Whereas those requirements differ from one Member State to another ;
whereas it is therefore necessary that all Member States adopt the
same requirements either in addition to or in place of their existing
rules in order , in particular , to allow the EEC type-approval pro­
cedure^ which was the subject of Council Directive 70/156/EEC of 6
February 1970 on the approximation of the laws of the Member State® re­
lating to the type-approval of motor vehicles and their trailers ( 1 ),
to be applied in respect of each type of vehicle ;
Whereas the approximation of national laws relating to motor vehicles
involves the mutual recognition of Member States of the inspections
carried out by each of them on the basis of common provisions ;
whereas , for it to operate effectively , such a system calls for the
implementation of these requirements by all          Member States
with effect from the same date ,
HAS ADOPTED THIS DIRECTIVE
( 1 ) OJ N° L k2 , 23.2.1970 , p , 1
 ---pagebreak---                                  Article 1
For the purpose of this Directive , " vehicle " means any motor vehicle
in category       ( 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 , with the exception of vehicles which run on
rails , agricultural or forestry tractors and machinery and public
works vehicles .
                                 Article 2
No Member State may refuse to grant EEC type-approval or national
type-approval of a vehicle on grounds relating to the vheel guards
if they satisfy the requirements laid dovm in Annex I.
                                 Article 3
No Member State may refuse to register or may prohibit the sale , entry
 into service or use of any vehicle on grounds relating to the wheel
 guards if they satisfy the requirements laid down in Annex I.
                                 Article H-
Any      amendments          necessary to adapt the provisions of the
 Annexes to take account of technical progress shall be adopted in
 accordance with the procedure laid down in Article 13 of
 Directive      7O/156/EEC .
                                 Article 5
 1 ■ Member States ^hall adopt and publish the provisions necessary to
     comply with this Directive by 1 June 1978 and shall im­
     mediately inform the Commission thereof .     They shall apply these
     provisions from 1      January 1979 »
 ---pagebreak--- 2 . As soon as this Directive has been notified ,      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 latter to make its comments thereon .
                              Article 6
This Directive is addressed to the Member States .
 ---pagebreak---                                    ANNEX I
1 .           Presence
1.1           The motor vehicles must be provided with wheel guards
              ( parts of the bodywork , mudguards , dirt traps ) which cover
              their wheels in order to protect the other road users
              against the throwing up of stones , wind , ice , snow , water
              etc .
2.            Spécifications
2.1 .         The wheel guards must meet the following requirements when
              the vehicle is unladen and the wheels are in the dead
              ahead position :
2.1.1 .       Their width(s ) must be such as to cover the total width
              of the tyres ( b ) or , in case of twin wheels , the total
              width of the two tyres ( t ) ( see figure 1 )
 2.1 . 2 . '  They must be as close as possible to the tyre and their
              outer edge ( with respect to the vehicle ) must be turned
               down in such a manner that :
 2.1.2.1 . the depth ( p ) of the edge is at least 1 /5 of the maximum
             tyre width ( b ) but in no case less than 3 cm ( see figure 1 )
 2.1.2.-2 . the distance ( c ) between this edge and the center of the
             wheels is not more than 2 times the outer radius ( r ) of the
             tyres ( see figure 2 )
2 . 1.3      The rearmost edge of the wheel guard may terminate up to
             150 mm above the horizontal wheel centre-line . The fore-
             most edge of the wheel guard must be positioned in such a
             way that a r adial plane passing through the edge forms an
             angle ( v ) of at least 30° with the vertical plane passing
             the centre o f the wheels and perpendicular to the median
             longitudinal plane of the vehicle . This angle shall be
             measured in a direction forward of that vertical plane
              ( see figure 2 ).
                      Fig . 1                                Fig . 2
                 ΓΤ              Η
                               ry
                   6       U
                           ww
 ---pagebreak--- 2.2 .   Wheel guards may consist of several components if these are
        closely linked together .
2.3 .   Wheel guards must be firmly attached . They may , however ,
        be detachable either as a unit or in parts .
3.      Application for EEC type-approval
3.1 .   Applications for EEC type-approval in respect of vehicle
        wheel guards are to be submitted by the vehicle manufacturer
        or his authorised representative .
3.2 .   Applications should be accompanied by the documents mentioned
        ( in triplicate ), together with the following particulars :
3.2.1 . detailed description of the vehicle type with reference to
        the wheel guards .
3.2.2 . sketch of the wheel guards and their position on the vehicle .
3.3 *   A vehicle representative of the type of vehicle for which
        type-approval is sought should be delivered to the techni­
        cal service responsible for carrying out the approval tests .
 ---pagebreak---                                       ANNEX II
                          ( Maximum format : Ah ( 210 x 297 mm )
                                            c    I Name of administration!
 Annex to the EEC vehicle type-approval certificate with regard to the wheel
 guards ( Article 4 ( 2 ) and Article 10 of the Council 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 ).
 Type approval N°
 1 . Trade name or mark of the vehicle
 2 . Vehicle type
 3 . Manufacturer 's name and address
 4 . Where applicable , name and address of manufacturer 's authorized
      representative
 5 . Brief description of the vehicle with regard to the wheel guards ......
 6 . Date on which vehicle submitted for type-approval
  7 . Technical service conducting type-approval tests
  8 . Date of test report issued by that service
  9 . Number of test report issued by that service
10 . Type-approval in respect of wheel guards granted/ refused (*)
11 . Place
12 . Date
13 . Signature
14 . The following documents are annexed to this communication : a detailed
      description and a sketch of the wheel guards as well as of other parts
      of the vehicle which are of interest with respect to the present
      directive .
* Delete as appropriate