Directive 1992/53 - Council Directive 92/53/EEC amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1992/53
Original proposal	COM(1991)279
CELEX number i	31992L0053

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Council Directive No 92/53/EEC of 18 June 1992 amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers

Official Journal L 225 , 10/08/1992 P. 0001 - 0062

Finnish special edition: Chapter 13 Volume 23 P. 0086

Swedish special edition: Chapter 13 Volume 23 P. 0086

COUNCIL DIRECTIVE No 92/53/EEC of 18 June 1992 amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

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

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

In cooperation with the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;

Whereas Directive 70/156/EEC (4) laid down the Community type-approval procedure for vehicles, components and separate technical units built in compliance with the technical requirements set out in separate Directives and also the complete list of vehicle systems, components and separate technical units covered by these Directives;

Whereas in the interest of the establishment and operation of the internal market of the Community it appears appropriate to replace the existing type-approval systems of the Member States by the Community type-approval procedure;

Whereas, in order that the said type-approval procedure may achieve its objective in the most effective manner it appears necessary to make its administrative provisions more precise and comprehensive; whereas this implies, inter alia, that these provisions allow for the type-approval of a whole vehicle to be established by compilation of approvals of its constituent systems, components and separate technical units, if the manufacturer so desires, and in the case of vehicles built in several stages involving several manufacturers, by compilation of the approvals of the different stages of completion;

Whereas a vehicle may comply with the provisions of this Directive but nevertheless have certain features which demonstrably present a potential risk for road safety; whereas it is therefore desirable to allow the Member States to refuse to approve such vehicle types as well as to prohibit the sale and entry into service and refuse registration of the said vehicles; whereas for the latter case appropriate conditions are established;

Whereas the mandatory nature of the Community type-approval procedure makes it necessary to allow for exemptions and lay down alternative procedures for vehicles either designed for special purposes or built in small series or incorporating new technologies not yet covered by the provisions of the separate Directives;

Whereas in order to facilitate the access to the markets of countries outside the Community it appears appropriate to allow, under certain conditions, for the acceptance of system, component and separate technical unit approvals based on equivalent international and third-country regulations; whereas equivalence of such regulations is to be established in application of the relevant provisions of the Treaty;

Whereas in order to ensure the necessary transparancy of the Community type-approval procedures it is necessary to lay down provisions according to which the Member States shall notify each other and the Commission of their approval authorities and technical services as well as provisions on the quality criteria with which the latter have to comply;

Whereas since the Annexes to the...

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