Legal provisions of COM(1997)680 - Amendment of Council Directive 92/23/EEC relating to tyres for motor vehicles and their trailers and to their fitting - Main contents
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| dossier | COM(1997)680 - Amendment of Council Directive 92/23/EEC relating to tyres for motor vehicles and their trailers and to their fitting. |
|---|---|
| document | COM(1997)680  |
| date | June 27, 2001 |
Article 1
1. 'EEC component type-approval', 'EEC type-approval' and 'EEC approval' shall be replaced in every instance by the term 'EC type-approval';
2. in Article 1, the first indent, shall read as follows: "- tyre means any new pneumatic tyre including a winter tyre with holes for studs, in the form of original equipment or of a replacement, intended to be fitted to vehicles to which Directive 70/156/EEC applies. This definition does not cover winter tyres with studs;"
3. the following Article shall be inserted: "Article 1a
1. The requirements set out in Annex V shall apply to tyres intended to be fitted to vehicles first used on or after 1 October 1980.
2. The requirements set out in Annex V shall not apply to:
(a) tyres whose speed rating is less than 80 km/h;
(b) tyres whose nominal rim diameter does not exceed 254 mm (or code 10) or is 635 mm or more (code 25);
(c) T type temporary use spare tyres as defined in 2.3.6 of Annex II;
(d) tyres designed only to be fitted to vehicles registered for the first time before 1 October 1980.";
4. Article 2 shall be replaced by the following: "Article 2
1. Member States shall grant EC type-approval, under the conditions laid down in Annex I, to all types of tyres meeting the requirements of Annex II, and shall allocate to these an approval number as specified in Annex I.
2. Member States shall grant EC type-approval, under the conditions laid down in Annex I, to all types of tyres meeting the requirements of Annex V and shall allocate to these an approval number as specified in Annex I.
3. Member States shall grant EC type-approval to all vehicles in respect of their tyres under the conditions laid down in Annex III, where those tyres (including spare tyres, where appropriate) meet the requirements of Annex II and the requirements concerning vehicles laid down in Annex IV, and shall allocate to any such vehicle an approval number as specified in Annex III".
5. the List of Annexes and the Annexes shall be amended in accordance with the Annex to this Directive;
6. the following Article shall be inserted: "Article 10a
1. As from 4 February 2003, Member States may not:
(a) refuse to grant EC type-approval or national approval for a type of vehicle or type of tyre, or
(b) prohibit the registration, sale or entry into service of vehicles, and the sale or entry into service or use of tyres,
for reasons relating to the tyres and their fitting to new vehicles, if the vehicles or tyres comply with the requirements laid down in this Directive, as amended by Directive 2001/43/EC(8).
2. As from 4 August 2003, Member States may no longer grant EC type-approval, and shall refuse to grant national type-approval for those types of tyre which fall within the scope of this Directive and which do not meet the requirements of this Directive, as amended by Directive 2001/43/EC.
3. As from 4 February 2004, Member States may no longer grant EC type-approval or national approval for a type of vehicle, for reasons relating to its tyres or their fitting, if the requirements of this Directive, as amended by Directive 2001/43/EC, are not met.
4. As from 4 February 2005, Member States shall:
(a) consider certificates of conformity accompanying new vehicles in accordance with the provisions of Directive 70/156/EEC as being no longer valid for the purposes of Article 7(1) of the said Directive, if the requirements of this Directive, as amended by Directive 2001/43/EC, are not met, and
(b) refuse the registration or prohibit the sale or entry into service of new vehicles which do not meet the requirements of this Directive, as amended by Directive 2001/43/EC.
5. As from 1 October 2009, the provisions of this Directive, as amended by Directive 2001/43/EC, shall apply for the purposes of Article 7(2) of Directive 70/156/EC, to all tyres which fall within the scope of this Directive, with the exception of tyres of classes C1d and C1e, to which they shall apply as from 1 October 2010 and 1 October 2011 respectively."
Article 2
They shall apply these provisions from 4 February 2003 at the latest.
2. When Member States adopt the measures referred to in paragraph 1, 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.
3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
2. In the light of the experience gained from the introduction of limit values for tyre noise, the Commission shall, within 36 months after the entry into force of this Directive, submit to the European Parliament and the Council a report concerning whether and to what extent technical progress would, without compromising safety, allow the introduction of the limit values indicated in Annex V, section 4.2.1., columns B and C, of Directive 92/23/EEC, as amended by this Directive. On the basis of this report, the Commission shall within 12 months propose an amendment of Directive 92/23/EEC, with a view to introducing provisions relating to safety, environmental and rolling resistance aspects.
Article 4
2. Where reference is made to this paragraph Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.