THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC(1), and in particular Article 12 thereof,
Whereas:
(1) Regulation (EC) No 79/2009 is a separate Regulation for the purposes of the Community type-approval procedure provided for by Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)(2).
(2) Regulation (EC) No 79/2009 lays down fundamental provisions on requirements for the type-approval of motor vehicles with regard to hydrogen propulsion, for the type-approval of hydrogen components and hydrogen systems and for the installation of such components and systems.
(3) From entry into force of the present Regulation manufacturers should be able to apply for the EC whole-vehicle type-approval of hydrogen-powered vehicles on a voluntary basis. However, some of the separate Directives in the context of the Community type-approval procedure under Directive 2007/46/EC or some of their requirements should not apply to hydrogen-powered vehicles, since the technical characteristics of hydrogen-powered vehicles differ significantly from conventional ones, for which those type-approval Directives were essentially designed. Pending the amendment of those Directives to include specific provisions and test procedures on hydrogen-powered vehicles, it is necessary to set out transitional provisions in order to exempt hydrogen-powered vehicles from those Directive or some of their requirements.
(4) Adopting harmonised rules on hydrogen receptacles, including receptacles designed to use liquid hydrogen, is necessary in order to ensure that hydrogen vehicles can be refuelled throughout the Community in a safe and reliable manner.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles,
HAS ADOPTED THIS REGULATION: