Directive 97/24/EC of the European Parliament and of the Council (repealed)Show full title

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on certain components and characteristics of two or three-wheel motor vehicles (repealed)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Acting in accordance with the procedure laid down in Article 189b of the Treaty(3) in the light of the joint text approved by the Conciliation Committee on 4 February 1997,

(1) Whereas it is necessary to adopt measures that are intended to ensure the operation of the internal market;

(2) Whereas, in each Member State, two or three-wheel motor vehicles must, in respect of the components and characteristics covered by this Directive, satisfy certain mandatory technical requirements which differ from one Member State to another; whereas, owing to those differences, such requirements constitute barriers to trade within the Community; whereas those barriers to the operation of the internal market may be removed if the same requirements are adopted by all of the Member States in place of their national regulations;

(3) Whereas the drawing-up of harmonized requirements concerning those components and characteristics of two and three-wheel motor vehicles is necessary in order to enable the type-approval and component type-approval procedures covered by Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel vehicles(4) to be implemented in respect of each type of the aforesaid vehicles;

(4) Whereas, in order to facilitate access to markets in third countries, it appears necessary to establish equivalence between the requirements of Chapters 1 (tyres), 2 (lighting and light-signalling devices), 4 (rear-view mirrors) and 11 (safety belts) of the Annex to this Directive and those of United Nations ECE Regulations Nos 30, 54, 64 and 75 in respect of tyres, 3, 19, 20, 37, 38, 50, 56, 57, 72 and 82 in respect of lighting and light-signalling devices, 81 in respect of rear-view mirrors and 16 in respect of safety belts;

(5) Whereas, with regard to the aspects concerning the protection of the environment, namely atmospheric and noise pollution, it is necessary to pursue the aim of constantly improving the environment; whereas, for this purpose, limit values for pollutants and sound level must be laid down for the fastest possible application; whereas subsequent reductions in the limit values and changes in the testing procedure may be decided upon only on the basis of studies and research to be undertaken or pursued into the available or conceivable technological potential and into an analysis of their cost/benefit ratios in order to permit production, on an industrial scale, of vehicles which are able to meet these more stringent limits; whereas the decision on that subsequent reduction must be taken by the European Parliament and the Council at least three years before these limit values enter into force in order to enable the industry to take the necessary measures whereby their products may, by the intended date, comply with the new Community provisions; whereas the Decision of the European Parliament and of the Council will be based on proposals to be submitted by the Commission in due course;

(6) Whereas, pursuant to the provisions of Directive 92/61/EEC, the components and characteristics covered by this Directive may not be placed on the market and sold in the Member States unless they comply with the provisions of this Directive; whereas the Member States must take all the necessary measures to ensure fulfilment of the obligations resulting from this Directive.

(7) Whereas Member States should be enabled, by granting tax incentives, to promote the marketing of vehicles which, in advance, meet the requirements adopted at Community level concerning measures to counter pollutant and noise emissions;

(8) Whereas the methods of measuring the immunity of vehicles and separate technical units to electromagnetic radiation in order to check compliance with the provisions concerning electromagnetic compatibility (Chapter 8) require complex and costly installations; whereas, in order to enable Member States to provide such installations, provision should be made for deferring application of these measuring methods by three years from the entry into force of this Directive;

(9) Whereas, given the scale and impact of the action proposed in the sector in question, the Community measures which are the subject of this Directive are necessary, or even indispensable, to attain the objectives set, namely Community vehicle type approval; whereas these objectives cannot be adequately achieved by the Member States individually;

(10) Whereas technical progress requires rapid adaptation of the technical requirements set out in the Annex to this Directive; whereas, with the exception of the limit values for pollutants and sound level, this task should be assigned to the Commission in order to simplify and speed up the procedure; whereas, in all cases where the European Parliament and the Council confer upon the Commission authority to implement rules laid down in the two or three-wheel motor vehicle sector, it is appropriate to provide for a procedure for prior consultation between the Commission and Member States within a committee;

(11) Whereas safety or environmental requirements call for restrictions on tampering with certain types of two or three-wheel vehicle; whereas, if they are not to prove an obstacle to owner servicing and maintenance, such restrictions must be strictly limited to tampering which significantly modifies the vehicle's performance and pollutant and noise emissions;

(12) Whereas, a long as vehicles conform to the requirements of this Directive, no Member State may refuse registration or use of them; whereas the object of the requirements of this Directive should not be to oblige those Member States which do not allow two or three-wheel motor vehicles in their territory to tow a trailer to amend their rules,

HAVE ADOPTED THIS DIRECTIVE:

(1)

OJ No C 177, 29.6.1994, p. 1, and

OJ No C 21, 25.1.1996, p. 23.

(2)

OJ No C 195, 18.7.1994, p. 77.

(3)

Opinion of the European Parliament of 18 May 1995 (OJ No C 151, 19.6.1995, p. 184), common position of the Council of 23 November 1995 (OJ No C 190, 29.6.1996, p. 1) and Decision of the European Parliament of 19 June 1996 (OJ No C 198, 9.7.1996, p. 23). Decision of the European Parliament of 24 April 1997; Council Decision of 12 May 1997.

(4)

OJ No L 225, 10.8.1992, p. 72.