Legal provisions of COM(2009)348 - Labelling of tyres with respect to fuel efficiency and other essential parameters

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dossier COM(2009)348 - Labelling of tyres with respect to fuel efficiency and other essential parameters.
document COM(2009)348 EN
date June 30, 2009
DIRECTIVE:

Contents

Article 1 - Aim and subject matter

The aim of this Regulation Directive is to increase the safety, economic and environmental fuel-efficiency of road transport by promoting fuel-efficient, safe and low-noise tyres.

This Regulation Directive establishes a framework for the provision of harmonised information on tyre parameters through labelling, allowing consumers to make an informed choice when purchasing tyres.

Article 2 - Scope

1. This Regulation Directive shall apply to C1, C2 and C3 tyres.

2. By derogation from paragraph 1, this Regulation Directive shall not apply to:

(a) re-treaded tyres;

(b) off-road professional tyres;

(c) tyres designed to be fitted only to vehicles registered for the first time before 1. October 1990;

(d) T-type temporary-use spare tyres;

(e) tyres whose speed rating is less than 80 km/h;

(f) tyres whose nominal rim diameter does not exceed 254 mm or is 635 mm or more;

(g) tyres fitted with additional devices to improve traction properties, such as studded tyres.

Article 3 - Definitions

For the purpose of this Regulation Directive :

(1) ‘C1, C2 and C3 tyres’ means the tyre classes defined in Article 8 of [Regulation (EC) No …/… concerning type-approval requirements for the general safety of motor vehicles] ;

(2) ‘T-type temporary-use spare tyre’ means a temporary-use spare tyre designed for use at inflation pressures higher than those established for standard and reinforced tyres;

(3) ‘point of sale’ means a location where tyres are displayed, or stored or and offered for sale to end-users, including car show rooms as regards displayed tyres offered for sale to end-users which are not fitted on the vehicles;

(4) ‘technical promotional literature’ means technical manuals, brochures, leaflets and catalogues either all printed or in and electronic form as well as internet marketing, material used in the promotion marketing of tyres or vehicles and aimed at end-users or distributors which describes the specific parameters of a tyre, including technical manuals, brochures, Internet marketing, leaflets and catalogues;

(5) ‘technical documentation’ means information relating to tyres, including the manufacturer and brand of the tyre; description of the tyre type or the grouping of tyres determined for the declaration of the fuel efficiency class, wet grip class and external rolling noise measured value; test reports and testing accuracy.

(6) ‘manufacturer’ means any natural or legal person who manufactures a product, or has a product designed or manufactured and markets that product under his name or trademark;

(7) ‘importer’ means any natural or legal person established within the Community who places a product from a third country on the Community market;

(8) ‘supplier’ means the manufacturer or its authorised representative in the Community or the importer;

(9) ‘distributor’ means any natural or legal person in the supply chain, other than the supplier or the importer, who makes a tyre available on the market;

(10) ‘making available on the market’ means any supply of a product for distribution or use on the Community market in the course of a commercial activity, whether in return for payment or free of charge;

(11) ‘end-user’ means a consumer, including a fleet manager or road transport company that is buying or expected to buy a tyre;

(12) ‘essential parameter’ means a tyre parameter such as rolling resistance, wet grip or external rolling noise that has a notable impact on the environment, road safety or health during use.

Article 4 - Responsibilities of tyre suppliers

Member States shall ensure that tyre suppliers comply with the following provisions:

1.(1) Ssuppliers shall ensure that C1 and C2 tyres, which are delivered to distributors or end-users, are equipped with a sticker on the tyre tread displaying a label indicating the fuel efficiency class as set out in Annex I, Part A and the external rolling noise measured value as set out in Annex I, Part C.

C1 tyre labels shall also indicate the wet grip class as set out in Annex I, Part B.

2.(2) Tthe format of the sticker referred to in paragraph 1 shall be as prescribed in Annex II.

3.(3) Ssuppliers shall state the fuel efficiency class, wet grip class and the external rolling noise measured value and where applicable, the wet grip class, of C1, C2 and C3 tyres on technical promotional literature as set out in Annex I in the order specified in Annex III; for C2 and C3 tyres the measured rolling resistance coefficient shall also be stated.

4. Suppliers shall make the rolling resistance coefficient, the external rolling noise measured value and where applicable, the wet grip index, of C1, C2 and C3 tyres publicly available on their websites.

5.(4) Ssuppliers shall make technical documentation available to the authorities of Member States on request, for a period ending five years after the last tyre of a given tyre type has been made available on the market; the technical documentation shall be sufficiently detailed as to allow the authorities to verify the accuracy of information provided on the label on fuel efficiency, wet grip and external rolling noise.

Article 5 - Responsibilities of tyre distributors

Member States shall ensure that tyre distributors comply with the following provisions:

1.(1) Ddistributors shall ensure that tyres, at the point of sale, bear the sticker provided by suppliers in accordance with Article 4(1) in a clearly visible position.

2.(2) Wwhere tyres offered for sale are not visible to the end-user, distributors shall provide end-user with information on the fuel efficiency class, wet grip class and external rolling noise measured value of those tyres.

3.(3) Ffor C1, and C2 and C3 tyres, distributors shall provide state, the fuel efficiency class and, the external rolling noise measured value and where applicable, the wet grip class, as set out in Annex I on or with the bills delivered to end-users when they purchase tyres. For C1 tyres, the wet grip class shall also be provided.

Article 6 - Responsibilities of vehicle car suppliers and vehicle car distributors

Member States shall ensure that car suppliers and car distributors comply with the following provisions:

1.(1) car Vehicle suppliers and car vehicle distributors shall ensure that technical promotional literature provides information on tyres which are fitted on new vehicles; that information shall include the fuel efficiency class as set out in Annex I, Part A, the external rolling noise measured value as set out in Annex I, Part C and, for C1 tyres the wet grip class as set out in Annex I, Part B, in the order specified in Annex III. That information shall be included in at least the technical promotional literature in electronic form and shall be provided to end-users before the sale of the vehicle.

2.(2) Wwhere different tyre types may be fitted on a new vehicle, without end-users being offered a choice between them and end-users are not offered a choice between them, the information referred to in paragraph 1 shall state the lowest fuel efficiency class, wet grip class and the highest external rolling noise measured value of these tyre types shall be mentioned in the technical promotional literature in the order specified in Annex III.

3.(3) Wwhere end-users are offered a choice between different tyre types to be fitted on a new vehicle, car suppliers shall state the fuel efficiency class, wet grip class and external rolling noise measured value of these tyre types in the technical promotional literature in the order specified in Annex III the following shall apply:

(a) where end-users are offered a choice between different tyre rim sizes but not between other parameters of the tyre type, the information referred to in paragraph 1 shall mention for each tyre rim size, the lowest fuel efficiency class, wet grip class and the highest external rolling noise measured value;

(b) except in cases covered in point (a) of this paragraph the information referred to in paragraph 1 shall state the fuel efficiency class, wet grip class and external rolling noise measured value of all tyre types which may be chosen by the end-user.

(4) where end-users are offered a choice between different tyre types to be fitted on a new vehicle, car distributors shall provide information on the fuel efficiency class, wet grip class and external rolling noise measured value of these tyre types before sale.

Article 7 - Harmonised testing methods

The information to be provided under Articles 4, 5 and 6 on the fuel efficiency class, the external rolling noise measured value, and the wet grip class of tyres shall be obtained by applying the harmonised testing methods referred to in Annex I.

Article 8 - Verification procedure

Member States shall assess the conformity of the declared fuel efficiency and wet grip classes, within the meaning of Annex I, Parts A and B, and the declared external rolling noise measured value within the meaning of Annex I, Part C, in accordance with the procedure laid down in Annex IV.

For the conformity assessment, Member States may make use of the tyre type approval documentation provided in accordance with the Regulation (EC) No …/… [concerning type-approval requirements for the general safety of motor vehicles] in addition to technical documentation provided in accordance with Article 4 (5).

Article 9 - Internal market

1. Where the provisions of this Regulation Directive are satisfied, Member States shall neither prohibit nor restrict the making available of tyres on the market on grounds of product information covered by this Regulation Directive.

2. Unless they have evidence to the contrary, Member States shall consider that labels and product information comply with the provisions of this Regulation Directive. They may require suppliers to provide technical documentation, in accordance with Article 4 (5), in order to assess the accuracy of the declared values.

Article 10 - Incentives

Member States shall not provide incentives with regard to tyres below class C with respect to either fuel efficiency level or wet grip class C within the meaning of Annex I Parts A and B respectively.

Article 11 - Amendments and adaptations to technical progress

The following measures designed to amend non-essential elements of this Regulation Directive by, inter alia, supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13 (2):

(1) introduction of requirements with respect to wet grip grading of C2 and C3 tyres, provided that suitable harmonised testing methods are available;

(2) introduction of requirements with respect to other essential parameters insofar as those parameters affect the environment, health or safety, provided that suitable harmonised testing methods are available and provided that such requirements are cost-effective adaptation, where relevant, of the grip grading to the technical specificities of tyres primarily designed to achieve in ice conditions, in snow conditions, or both, a better performance than that of a normal tyre with regard to its ability to initiate or maintain vehicle motion;

(3) adaptation of Annexes I to IV to technical progress.

Article 12 - Enforcement

Member States shall ensure that the authorities responsible for market surveillance verify compliance with the requirements of this Regulation in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council, in particular in accordance with Article 41 of that Regulation laying down penalties.

Article 12 - Penalties

1. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take the measures necessary to ensure that they are implemented.

2. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission no later than eighteen months after the entry into force of this Directive and shall notify it without delay of any subsequent amendment affecting those provisions.

Article 13 - Committee

1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 14 - Review

1. Not later than 5 years after the date of application of this Regulation Directive, tThe Commission shall assess the need to review this Regulation, considering inter alia: the energy efficiency and wet grip classes as laid down in Annex I.

(a) the effectiveness of the label in terms of end-user awareness;

(b) whether the labelling scheme should be extended to include retreaded tyres;

(c) whether new tyre parameters should be introduced;

(d) the information on tyre parameters provided by vehicle suppliers and distributors to end-users.

2. The Commission shall present the result of this assessment to the European Parliament and the Council no later than 5 years after the date of application of this Regulation.

Article 15 - Transposition

1. Member States shall adopt and publish by 1 November 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 1 November 2012.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. 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 16 - 15 Entry into force

1. This Regulation Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2. This Regulation shall apply from 1 November 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Article 17

This Directive is addressed to the Member States.