Considerations on COM(1999)276 - Amendment of Council Directive 92/61/EEC relating to the type-approval of two or three-wheel motor vehicles

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(1) Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles(4), laid down the procedure for Community type-approval of two or three-wheel motor vehicles, of components and of separate technical units produced in conformity with the technical requirements set out in separate directives.

(2) All the separate directives, provided for in the exhaustive list of systems, components and separate technical units to be regulated at Community level, have been adopted.

(3) The commencement of the application of Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel motor vehicles(5) allows the type-approval procedure to be applied in full.

(4) It is clearly necessary, in order that the type-approval system may work properly, to clarify certain administrative instructions and to supplement the norms contained in the annexes to Directive 92/61/EEC. With this in view, it is necessary to introduce harmonised norms concerning, in particular, the numbering of type-approval certificates as well as exemptions for end-of-series vehicles and for vehicles, components and separate technical units incorporating technologies which are not yet covered by Community arrangements, in the manner of the analogous norms of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(6).

(5) Account being taken of currently established technologies, examination of the components and characteristics of the said vehicles has resulted in the retention only of those set out in Annex I to this Directive since all others are inappropriate for regulatory purposes. However, in view of progress and developments in technology, it will be appropriate to examine any further components and characteristics, in particular those relating to secondary safety, to be added to those already listed in the said Annex I.

(6) The Community approval procedure is intended to enable each Member State to confirm that each type of vehicle has undergone the checks provided for in the separate directives and has been issued with a type-approval certificate. It is also intended to enable manufacturers to prepare a certificate of conformity for all vehicles conforming to the type that has been approved. When a vehicle is accompanied by this certificate it may be placed on the market, sold and registered for use throughout the Community.

(7) Since the objectives of improving the functioning of the system of Community vehicle approval according to type cannot be sufficiently achieved by the Member States individually and can therefore, given the scale and the impact of the measures proposed, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(8) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).

(9) For reasons of clarity it is advisable to repeal Council Directive 92/61/EEC and replace it by this Directive.