9.11.2010 EN Official Journal of the European Union L 291/22
COMMISSION REGULATION (EU) No 1003/2010
of 8 November 2010
concerning type-approval requirements for the space for mounting and the fixing of rear registration plates on motor vehicles and their trailers 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 70/222/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to the space for mounting and the fixing of rear registration plates on motor vehicles and their trailers (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) Regulation (EC) No 661/2009 lays down fundamental provisions on requirements for the type-approval of motor vehicles and their trailers with regard to the space for mounting and the fixing of rear registration plates. Therefore, it is necessary to also set out the specific procedures, tests and requirements for such type-approval.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles,
Definitions
For the purposes of this Regulation, the following definitions shall apply:
(1) ‘vehicle type with regard to the space for mounting and the fixing of rear registration plates’ means vehicles which do not differ in such essential respects as:
— the dimensions of the space for mounting and fixing of the rear registration plate;
— the location of the space for mounting and fixing of the rear registration plate;
— the shape of the surface for mounting and fixing of the rear registration plate.
(2) ‘virtually flat surface’ means a surface of solid material, which may also consist of patterned mesh or grille, with a radius of curvature of at least 5 000 mm.
(3) ‘surface of patterned mesh’ means a surface consisting of an evenly spread pattern of shapes such as round, oval, diamond, rectangular or square holes spread evenly at intervals not exceeding 15 mm.
(4) ‘surface of grille’ means a surface consisting of parallel bars which are spread evenly and have a mutual distance of not exceeding 15 mm.
(5) ‘nominal surface’ means the theoretical geometrically perfect surface without taking into account surface irregularities such as protrusions or indentations.
(6) ‘longitudinal median plane of the vehicle’ means the plane of symmetry of the vehicle or, if the vehicle is not symmetrical, the vertical longitudinal plane passing through the middle of the vehicle axles.
(7) ‘inclination’ means the degree of the angular deviation in relation to a vertical plane;
Provisions for EC type-approval of a motor vehicle or a trailer with regard to the space for mounting and the fixing of rear registration plates
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 the space for mounting and the fixing of rear registration plates on motor vehicles and their trailers.
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 70/222/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 70/222/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.