COUNCIL DIRECTIVE  93/33/EEC
of 14 June 1993
on protective devices intended to prevent the unauthorized use of two- or  three-wheel motor vehicles
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article  100a thereof,
Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two-  or three-wheel motor vehicles (1),
Having regard to the proposal from the Commission (2),
In cooperation with the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas the internal market comprises an area without internal frontiers in which the free movement  of goods, persons, services and capital is ensured; whereas measures necessary to that end should  be adopted;
Whereas, with regard to their protective devices intended to prevent unauthorized use, in each  Member State two- or three-wheel motor vehicles must display certain technical characteristics laid  down by mandatory provisions which differ from one Member State to another; whereas, as a result of  their differences, such provisions constitute a barrier to trade within the Community;
Whereas those obstacles to the establishment and operation of the internal market may be removed if  the same requirements are adopted by all Member States in place of their national rules;
Whereas it is necessary to draw up harmonized requirements concerning the protective devices  intended to prevent the unauthorized use of two- or three-wheel motor vehicles in order to enable  the type-approval and component type-approval procedures laid down in Directive 92/61/EEC to be  applied for each type of such vehicle;
Whereas, given the scale and impact of the action proposed in the sector in question, the Community  measures covered by this Directive are necessary, indeed essential, to achieve the aim in view,  which is to establish Community vehicle type-approval; whereas that aim cannot be adequately  achieved by the Member States individually;
Whereas in order to facilitate access to the markets of non-Community countries it would seem  necessary to establish equivalence between the requirements of this Directive and those of  Regulation No 62 of the United Nations Economic Commission for Europe,
This Directive and its Annexes apply to the protective devices  intended to prevent the unauthorized use of all types of vehicle as defined in Article 1 of  Directive 92/61/EEC.
The procedure for the granting of component type-approval in respect of the protective  device intended to prevent the unauthorized use of a type of two- or three-wheel motor vehicle and  the conditions governing the free movement of such vehicles shall be as laid down in Chapters II  and III of Directive 92/61/EEC.
In accordance with Article 11 of Directive 92/61/EEC, equivalence between the  requirements laid down in this Directive and those laid down in United Nations ECE Regulation No 62  (E/ECE/TRANS/505 - Add. 61 / Amend. 1) is hereby acknowledged.
The authorities of the Member States which grant component type-approval shall accept approvals  granted in accordance with the requirements of the abovementioned Regulation No 62 as well as  component type-approval marks as an alternative to the corresponding approvals granted in  accordance with this Directive.
This Directive may be amended in accordance with Article 13 of Directive 70/156/EEC (5)  in order to:
- take into account any amendments to the United Nations ECE Regulation referred to in Article 3,
- adapt the Annexes to technical progress.
1. Member States shall adopt and publish the provisions necessary to comply with this  Directive not later than 14 December 1994. They shall forthwith inform the Commission thereof.
When the Member States adopt these provisions, they shall contain a reference to this Directive or  shall be accompanied by such a reference on the occasion of their official publication. The methods  of making such a reference shall be laid down by the Member States.
From the date mentioned in the first subparagraph Member States may not, for reasons connected with  the protective device intended to prevent unauthorized use, prohibit the initial entry into service  of vehicles which conform to this Directive.
They shall apply the provisions referred to in the first subparagraph as from 14 June 1995.
2. Member States shall communicate to the Commission the texts of the provisions of national law  which they adopt in the field governed by this Directive.
This Directive is addressed to the Member States.