10.11.2010 EN Official Journal of the European Union L 292/21
COMMISSION REGULATION (EU) No 1009/2010
of 9 November 2010
concerning type-approval requirements for wheel guards of certain motor vehicles and implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor
(Text with EEA relevance)
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (1), and in particular Article 14 (1)(a) thereof,
Whereas:
(1) Regulation (EC) No 661/2009 is a separate Regulation for the purposes of the type-approval procedure provided for by Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (2).
(2) Regulation (EC) No 661/2009 repeals Council Directive 78/549/EEC of 12 June 1978 on the approximation of the laws of the Member States relating to the wheel guards of motor vehicles (3). The requirements set out in that Directive should be carried over to this Regulation and, where necessary, amended in order to adapt them to the development of scientific and technical knowledge.
(3) The scope of this Regulation should be in line with that of Directive 78/549/EEC and thus limited to vehicles of category M1.
(4) Regulation (EC) No 661/2009 lays down fundamental provisions on requirements for the type-approval of certain motor vehicles with regard to wheel guards. Therefore it is necessary to also set out the specific procedures, tests and requirements for such type-approval.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles,
Scope
This Regulation applies to motor vehicles of category M1, as defined in Annex II to Directive 2007/46/EC.
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(1) ‘vehicle type with regard to wheel guards’ means vehicles which do not differ in such essential respects as the characteristics of the wheel guards or the minimum and maximum tyre and wheel sizes suitable for fitment, taking into account the applicable tyre envelopes, rim sizes and wheel off-sets;
(2) ‘tyre envelope’ means the maximum section width and outer-diameter of a tyre, including tolerances, as permitted and specified according to its component approval;
(3) ‘snow traction device’ means a snow chain or other equivalent device providing traction in snow, which shall be able to be mounted onto the vehicle's tyre/wheel combination and which is not a snow tyre, winter tyre, all-season tyre or any other tyre by itself.
Provisions for EC type-approval of a vehicle with regard to wheel guards
1.   The manufacturer or his representative shall submit to the type-approval authority the application for EC type-approval of a vehicle with regard to wheel guards.
2.   The application shall be drawn up in accordance with the model of the information document set out in Part 1 of Annex I.
3.   If the relevant requirements set out in Annex II to this Regulation are met, the approval authority shall grant an EC type-approval and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.
A Member State may not assign the same number to another vehicle type.
4.   For the purposes of paragraph 3, the type-approval authority shall deliver an EC type-approval certificate established in accordance with the model set out in Part 2 of Annex I.
Validity and extension of approvals granted under Directive 78/549/EEC
National authorities shall permit the sale and entry into service of vehicles type-approved before the date referred to in Article 13(2) of Regulation (EC) No 661/2009 and continue to grant extension of approvals to those vehicles under the terms of Directive 78/549/EEC.
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.