Council Directive 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of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (70/156/EEC) (repealed)

Council Directive

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

(70/156/EEC) (repealed)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;

Having regard to the proposal from the Commission;

Having regard to the Opinion of the European Parliament(1);

Having regard to the Opinion of the Economic and Social Committee(2);

Whereas in each Member State motor vehicles intended for the carriage of goods or passengers must comply with certain mandatory technical requirements; whereas such requirements differ from one Member State to another and consequently hinder trade within the European Economic Community;

Whereas such hindrances to the establishment and proper functioning of the common market can be reduced and even eliminated if all Member States adopt the same requirements, either in addition to or in place of their existing laws;

Whereas it is the established practice of the Member States to check that vehicles comply with the relevant technical requirements before they are placed on the market; whereas this check is carried out on vehicle types;

Whereas the harmonised technical requirements applicable to individual parts and characteristics of a vehicle should be specified in separate Directives;

Whereas at Community level it is necessary to introduce a Community type-approval procedure for each vehicle type in order that compliance with the above requirements can be checked and that each Member State may recognise checks carried out by other Member States;

Whereas that procedure must enable each Member State to ascertain whether a vehicle type has been submitted to the checks laid down by separate Directive and listed in a type approval certificate; whereas that procedure must enable manufacturers to complete a certificate of conformity for all vehicles which conform to an approved type; whereas a vehicle accompanied by such a certificate must be considered by all Member States as conforming to their own laws; whereas each Member State should inform the other Member States of its findings by sending a copy of the type approval certificate completed for each vehicle type which has been approved;

Whereas, as a transitional measure, it must be possible to grant type approval on the basis of Community requirements as and when separate Directives relating to the various vehicle parts and characteristics enter into force, national requirements remaining applicable in respect of parts and characteristics still not covered by such Directives;

Whereas, without prejudice to Articles 169 and 170 of the Treaty, it is advisable, within the framework of co-operation between the competent authorities of the Member States, to lay down provisions to help resolve disputes of a technical nature regarding the conformity of production models to an approved type;

Whereas a vehicle may conform to an approved type but nevertheless have certain features which are potential road safety hazards; whereas it is therefore advisable to prescribe an appropriate procedure to preclude such hazards;

Whereas technical progress requires prompt adjustment of the technical requirements specified in the separate Directives; whereas, in order to facilitate implementation of the measures required for this purpose, a procedure should be prescribed for establishing close co-operation between the Member States and the Commission within the Committee on the Adjustment to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Motor Vehicle Sector;

HAS ADOPTED THIS DIRECTIVE:

(1)

OJ No C 160, 18.12.1969, p. 7.

(2)

OJ No C 48, 16.4.1969, p. 14.