9.12.2009 EN Official Journal of the European Union L 322/3
DIRECTIVE 2009/139/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 November 2009
on statutory markings for two- or three-wheel motor vehicles
(codified version)
(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 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) Council Directive 93/34/EEC of 14 June 1993 on statutory markings for two- or three-wheel motor vehicles (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.
(2) Directive 93/34/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles, as replaced by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (5), and lays down technical prescriptions concerning the design and construction of two- or three-wheel motor vehicles as regards the statutory markings. Those technical prescriptions concern the approximation of the laws of the Member States to allow for the EC type-approval procedure provided for in Directive 2002/24/EC to be applied in respect of each type of vehicle. Consequently, the provisions laid down in Directive 2002/24/EC relating to vehicle systems, components and separate technical units apply to this Directive.
(3) With regard to the statutory markings applicable to two- or three-wheel motor vehicles, this Directive should not prevent certain Member States from retaining, on a non-discriminatory basis, specific mandatory provisions for the purposes of applying traffic regulations, provided that such specific requirements concern the use of these vehicles and do not involve any modifications in their construction likely to create an obstacle to Community type-approval of this type of vehicle.
(4) This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex II, Part B,
This Directive applies to the statutory markings for all types of vehicle as referred to in Article 1 of Directive 2002/24/EC.
The procedure for the granting of EC component type-approval in respect of the statutory markings for 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 2002/24/EC.
The amendments necessary to adapt to technical progress the requirements of Annex I shall be adopted in accordance with the procedure referred to in Article 18(2) of Directive 2002/24/EC.
1.   With respect to two- or three-wheel vehicles which comply with the provisions laid down in this Directive, Member States shall not, on grounds relating to statutory markings, refuse to grant EC type-approval or prohibit the registration, sale or entry into service of such a vehicle.
2.   Member States shall refuse, on grounds relating to statutory markings, to grant EC type-approval to any new type of two- or three-wheel motor vehicle which does not comply with the provisions laid down in this Directive.
3.   Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Directive 93/34/EEC, as amended by the Directives listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex II, 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 set out in Annex III.
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 June 2010.
This Directive is addressed to the Member States.