(5) In order to enable manufacturers to adapt to the new harmonised procedures, a sufficient lead-time should be allowed before Community vehicle type-approval becomes compulsory for vehicles belonging to categories other than M1 that are built in one stage. A longer lead-time is required for vehicles of categories other than M1 that require a multi-stage approval, since that procedure will involve body-builders, who will need to gain sufficient experience in that field so that the necessary procedures can be implemented properly.

(5) In order to enable manufacturers to adapt to the new harmonised procedures, a sufficient lead-time should be allowed before Community vehicle type-approval becomes compulsory for vehicles belonging to categories other than M1 that are built in one stage. A longer lead-time is required for vehicles of categories other than M1 that require a multi-stage approval, since that procedure will involve body-builders, who will need to gain sufficient experience in that field so that the necessary procedures can be implemented properly.

However, due to the importance of safety for vehicles of category M2 and M3, during the transitional period when national type approval is still valid in order to allow manufacturers to get experience with EC vehicle type approval, it is necessary that those vehicles comply with the technical requirements of the harmonised directives.

Justification

For buses and coaches of category M2 and M3 the introduction dates of EC vehicle type approval are in contradiction with the present consideration because, for those categories of vehicles, a lead time before the mandatory application of EC vehicle type approval is not foreseen. In order to remove this contradiction, and to guarantee the safety of those vehicles by an early mandatory application of the safety standards, it is proposed to mandate the harmonised technical requirements also during the transitional period when national type approval is allowed.

Consequently, United Nations Economic Commission for Europe (UNECE) Regulations to which the Community accedes, in application of that Decision, and amendments to UNECE Regulations to which the Community has already acceded should be incorporated within the Community type-approval procedure either as requirements for EC vehicle type-approval, or as alternatives to existing Community law. In particular, where the Community decides, by means of a Council decision, that a UNECE Regulation shall become part of the EC vehicle type-approval procedure and replace existing Community law, the necessary adaptations should be made to this Directive by the regulatory procedure provided for in Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1.

Consequently, United Nations Economic Commission for Europe (UNECE) Regulations to which the Community accedes, in application of that Decision, and amendments to UNECE Regulations to which the Community has already acceded should be incorporated within the Community type-approval procedure either as requirements for EC vehicle type-approval, or as alternatives to existing Community law. In particular, where the Community decides, by means of a Council decision, that a UNECE Regulation shall become part of the EC vehicle type-approval procedure and replace existing Community law, the Commission should be empowered to make the necessary adaptations to this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive or to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.1

Justification

Reference should be made to the new regulatory procedure with scrutiny laid down in Article 5a of Council Decision 1999/468/EC, as amended by Decision 2006/512/EC.

(10a) For the purposes of better regulation and simplification and in order to avoid having to constantly update existing Community legislation on issues of technical specifications, it should be possible for this Directive or for separate directives and regulations to makereferences to existing international standards and regulations without reproducing them in the Community legal framework.

Justification

This recital supports the addition of a new paragraph 4 in Article 34. In an area of continuing technical innovation, it is desirable to create a close link between the evolution of the technical and scientific knowledge and the legislation in order to avoid a continuous process of updating Community technical legislation.

(13) These measures should only apply to a limited number of parts and equipment, the list of which should be established after having consulted the stakeholders and the regulatory Committee referred to in this Directive. Such measures should ensure that the parts or equipment in question do not impair the safety or environmental performance of the vehicle while at the same time preserving wherever possible competition in the aftermarket.

(13) These measures should only apply to a limited number of parts or equipment. The list of such parts or equipment and subsequent requirements should be established after having consulted stakeholders and the regulatory Committee referred to in this Directive. In establishing the list, the Commission shall consult stakeholders on the basis of a report and strive for a fair balance between the requirements of improving road safety and environmental protection, as well as the interests of consumers, manufacturers and distributors in preserving competition in the aftermarket.

Justification

Transparency of the whole regulatory Committee process should be ensured, not only the establishment of the list of parts, in line with the recommendations of the CARS 21 high level group on Better Regulation.

(14) The list of parts and equipment, the essential systems concerned as well as the testing and implementation measures should be determined in accordance with the procedure referred to in Article 40(2) of this Directive.

(14) The list of parts and equipment, the essential systems concerned as well as the testing and implementation measures should be determined in accordance with the procedure referred to in Article 40(2) of this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive or to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Justification

Reference should be made to the new regulatory procedure with scrutiny laid down in Article 5a of Council Directive 1999/468/EC; as amended by Decision 2006/512/EC.

(17a) It is equally important that manufacturers make information readily available to independent operators to ensure the servicing and repairing of vehicles in a fully competitive market.

These information requirements have so far been incorporated in Community legislation, and in particular in the proposal for a regulation on type approval of motor vehicles with respect to emissions (Euro 5 and 6) and on access to vehicle repair and maintenance information (COM(2005)0683), on the basis that the Commission will review, no later than four years after the date of entry into force of that Regulation, the effectiveness of these articles and may consequently consider whether it would be appropriate to consolidate all provisions governing access to vehicle repair and maintenance information within this Directive.

Justification

This amendment aims at making Recital 17a (new) consistent with the wording in the Euro 5 Regulation.

(18) With the aim of simplifying and accelerating the procedure, measures implementing the separate directives or regulations as well as measures for adapting the Annexes to this Directive and the separate directives or regulations, in particular to the development of scientific and technical knowledge should be adopted in accordance with Decision 1999/468/EC.

(18) With the aim of simplifying and accelerating the procedure, measures implementing the separate directives or regulations as well as measures for adapting the Annexes to this Directive and the separate directives or regulations, in particular to the development of scientific and technical knowledge should be adopted in accordance with Decision 1999/468/EC. Since those measures are of general scope and are designed to amend non-essential elements of this Directive or of the separate directives or regulations, or to supplement them by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. The same procedure should apply to adaptations needed for the type-approval of vehicles intended for persons with disabilities.

Justification

The possibility to amend the Framework Directive and the separate directives and regulations by comitology in order to allow the approval of vehicles adapted to the needs of persons with disabilities should be provided.Reference should be made to the new regulatory procedure with scrutiny laid down in Article 5a of Council Decision 1999/468/EC; as amended by Decision 2006/512/EC.

(19) Experience shows that appropriate measures may have to be taken without delay with a view to ensuring a better protection of road users, where shortcomings have been identified in the existing legislation. For such urgent cases, the necessary amendments to the separate directives or regulations should be adopted in accordance with Decision 1999/468/EC.

(19) Experience shows that appropriate measures may have to be taken without delay with a view to ensuring a better protection of road users, where shortcomings have been identified in the existing legislation. For such urgent cases, the necessary amendments to the separate directives or regulations should be adopted in accordance with Decision 1999/468/EC. Since those measures are of general scope and are designed to amend non-essential elements of the separate directives or regulations or to supplement them by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Justification

Reference should be made to the new regulatory procedure with scrutiny laid down in Article 5a of Council Decision 1999/468/EC, as amended by Decision 2006/512/EC.

(23a) The requirements of this Framework Directive are in accordance with the principles enshrined in the Action plan introducing a Strategy for further coordinated action to simplify the regulatory environment (COM(2002)0278).

It is of particular importance that future measures proposed on the basis of this Directive or procedures to be implemented in application of it should comply with these principles, which have been recalled in the Commission communication on a Competitive Automotive Regulatory framework for the 21st Century (COM(2007)0022).

Justification

It is appropriate for the key piece of automotive regulation to be set into the broader context of the integrated approach endorsed by Commission, Parliament and Council

3. Type-approval or individual approval under this Directive is optional for the following vehicles:

3. Type-approval or individual approval under this Directive is optional for the following vehicles:

(a) vehicles designed and constructed for use principally on construction sites or in quarries, port or airport facilities;

(a) vehicles designed and constructed for use principally on construction sites or in quarries, port or airport facilities;

(b) vehicles designed and constructed for use by the armed services, civil defence, fire services and forces responsible for maintaining public order;

(b) vehicles designed and constructed for use by the armed services, civil defence, fire services and forces responsible for maintaining public order; and

(c) mobile machinery,

(c) mobile machinery,

to the extent that these vehicles are able to fulfil the requirements of this Directive. Such optional approvals are without prejudice to the application of Directive 2006/42/EC.

30) “competent authority” in Article 42 means either the approval or designating authority or an accreditation body acting on their behalf;

30) “competent authority” in Article 42 means either the approval authority or a designated authority, or an accreditation body acting on their behalf respectively;

Justification

This small correction clarifies which are the authorities in the Member States empowered to assess the skills of the technical services.

The multi-stage type-approval shall apply also to complete vehicles converted or modified by another manufacturer.

Justification

As different opinions exist amongst the Member States on how to type-approve vehicles which are modified by another manufacturer before their first registration, the amendment is intended to clarify that converted or modified vehicles must be type-approved in accordance with the multi-stage procedure. As a consequence, not all tests have to be repeated on the converted or modified vehicles but only those which are affected by the modifications.

1. Member States may, on application by the manufacturer, grant an EC type-approval in respect of a type of system, component or separate technical unit that incorporates technologies or concepts which are incompatible with one or more regulatory acts listed in Part I of Annex IV, subject to authorisation being granted by the Commission in accordance with the procedure referred to in Article 40(2).

1. Member States may, on application by the manufacturer, grant an EC type-approval in respect of a type of system, component or separate technical unit that incorporates technologies or concepts which are incompatible with one or more regulatory acts listed in Part I of Annex IV, subject to authorisation being granted by the Commission in accordance with the procedure referred to in Article 40(2a).

Justification

The regulatory procedure laid down in Articles 5 and 7 of Decision 1999/468/EC should be followed for the adoption of individual decisions by the Commission (as opposed to measures of general scope, for which the regulatory procedure with scrutiny laid down in Article 5a of that Decision is foreseen).

The Commission shall decide, in accordance with the procedure referred to in Article 40(2), whether or not to allow the Member State to grant an EC type-approval in respect of that type of vehicle.

The Commission shall decide, in accordance with the procedure referred to in Article 40(2a), whether or not to allow the Member State to grant an EC type-approval in respect of that type of vehicle.

Justification

The regulatory procedure laid down in Articles 5 and 7 of Decision 1999/468/EC should be followed for the adoption of individual decisions by the Commission (as opposed to measures of general scope, for which the regulatory procedure with scrutiny laid down in Article 5a of that Decision is foreseen).

If the necessary steps to adapt the regulatory acts have not been taken, the validity of an exemption may be extended, at the request of the Member State which granted the approval, by another decision adopted in accordance with the procedure referred to in Article 40(2).

If the necessary steps to adapt the regulatory acts have not been taken, the validity of an exemption may be extended, at the request of the Member State which granted the approval, by another decision adopted in accordance with the procedure referred to in Article 40(2a).

Justification

The regulatory procedure laid down in Articles 5 and 7 of Decision 1999/468/EC should be followed for the adoption of individual decisions by the Commission (as opposed to measures of general scope, for which the regulatory procedure with scrutiny laid down in Article 5a of that Decision is foreseen).

1. If a Member State which has granted an EC type-approval finds that new vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the type it has approved, it shall take the necessary measures, including the withdrawal of type-approval, to ensure that production vehicles, systems, components or separate technical units, as the case may be, are brought into conformity with the approved type. The approval authority of that Member State shall advise the approval authorities of the other Member States of the measures taken.

1. If a Member State which has granted an EC type-approval finds that new vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the type it has approved, it shall take the necessary measures, including, where necessary, the withdrawal of type-approval, to ensure that production vehicles, systems, components or separate technical units, as the case may be, are brought into conformity with the approved type. The approval authority of that Member State shall advise the approval authorities of the other Member States of the measures taken.

Justification

To give type approval authorities the flexibility to take appropriate action as they consider fit

Parts and equipment which pose a significant risk to the correct functioning of essential systems

Sale and entry into service of parts or equipment which are capable of posing a significant risk to the correct functioning of essential systems

1. Member States shall prevent the sale, the offer for sale or entry into service of parts or equipment which are capable of posing a significant risk to the correct functioning of systems that are essential for the safety of the vehicle or for its environmental performance, unless they have been authorised by an approval authority in accordance with paragraphs 4 to 6.

1. Member States shall permit the sale, the offer for sale or entry into service of parts or equipment which are capable of posing a significant risk to the correct functioning of systems that are essential for the safety of the vehicle or for its environmental performance, only if those parts or equipment have been authorised by an approval authority in accordance with paragraphs 4 to 7.

A list of such parts or equipment shall be established in Annex XIII in accordance with the procedure referred to in Article 40(2), taking account of available information on:

1a. Parts or equipment subject to authorization in accordance with paragraph 1 shall be inserted in the list as established in Annex XIII in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

Such a decision shall be based on an impact assessment and strive for a fair balance between the following elements:

- the seriousness of the risk to the safety or environmental performance of vehicles fitted with parts and equipment under consideration; and

a) the existence of a serious risk to the safety or environmental performance of vehicles fitted with the parts or equipment under consideration; and

- the effect on consumers and manufacturers in the after-market of the imposition under this Article of a possible authorisation requirement on parts and equipment.

b) the effect on consumers and manufacturers in the after-market of the imposition under this Article of a possible authorisation requirement on parts or equipment.

Justification

Clearer statement of the listing procedure to be followed and the objectives to be achieved.

2. Paragraph 1 shall not apply to original parts and equipment and to parts or equipment which are type-approved in accordance with the provisions of one of the regulatory acts listed in Annex IV, except where the approval relates to aspects other than those covered in paragraph 1. However, provisions for identifying such parts and equipment when placed on the market may, where appropriate, be adopted in accordance with the procedure referred to in Article 40(2).

2. Paragraph 1 shall not apply to original parts or equipment which are covered by a system type-approval with respect to a vehicle and to parts or equipment which are type-approved in accordance with the provisions of one of the regulatory acts listed in Annex IV, except where those approvals relate to aspects other than those covered in paragraph 1. Paragraph 1 shall not apply to parts or equipment exclusively produced for racing vehicles not intended for use on public roads. If parts or equipment included in Annex XIII have a dual use for racing and on the road, these parts or equipment may not be sold or offered for sale to the general public for use in on-road vehicles unless they comply with the requirements of this Article. Provisions for identifying such parts or equipment when placed on the market may, where appropriate, be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

3. The list referred to in paragraph 1 may be updated and, to the extent necessary, the model and numbering system of the certificate referred to in paragraph 4 as well as aspects relating to the procedure, the requirements, the marking, packaging and the appropriate tests shall be established in accordance with the procedure referred to in Article 40(2). The requirements can be based on the regulatory acts listed in Annex IV or can consist of a comparison of the part or equipment with the performance of the original vehicle, or of any of its parts, as appropriate. In these cases, the requirements must ensure that the parts or equipment do not impair the functioning of those systems that are essential for the safety of the vehicle or its environmental performance

3. The procedure and the requirements of the authorisation process referred to in paragraph 1, and the provisions for the subsequent updating of the list, shall be established in accordance with the regulatory procedure with scrutiny referred to in Article 40(2), after consultation of stakeholders. Those requirements shall include prescriptions for safety, environmental protection and, where needed, for testing standards. They may be based on the regulatory acts listed in Annex IV, may be developed according to the relevant state of safety, environmental and testing technology, or, if these are not feasible, may consist of a comparison of the part or equipment with the environmental or safety performance of the original vehicle, or of any of its parts, as appropriate.

Justification

Clarifies the potential approval requirements for parts in this category.

4a. Each part or piece of equipment authorised in application of this Article shall be appropriately marked.

Marking and packaging requirements, as well as the model and numbering system of the certificate referred to in paragraph 4, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

Justification

Marking of authorised parts is essential for consumers’ information and for market surveillance. The Council text is not clear if authorised parts must be mandatory marked.

8. This Article shall not be applicable before the list referred to in paragraph 1 has been established. For any entry or group of entries in that list a reasonable transitional period shall be fixed during which the prohibition referred to in paragraph 1 shall be suspended in order to allow the manufacturer of the part or equipment to apply for and obtain an authorisation. At the same time a date may be fixed, where appropriate, to exclude parts and equipment designed for vehicles type-approved before that date from the application of this Article.

8. This Article shall not be applicable to a part or piece of equipment before it is listed in Annex XIII. For any entry or group of entries in Annex XIII a reasonable transitional period shall be fixed to allow the manufacturer of the part or equipment to apply for and obtain an authorisation. At the same time a date may be fixed, where appropriate, to exclude parts and equipment designed for vehicles type-approved before that date from the application of this Article.

Justification

Modified wording to align with the changes in Article 31(1)

9. As long as a decision as to whether or not a particular part or piece of equipment is to be included in the list referred to in paragraph 1 has not been taken, Member States may maintain national provisions dealing with parts and equipment which are capable of affecting the correct functioning of systems that are essential for the safety of the vehicle or its environmental performance.

9. As long as a decision as to whether or not a part or piece of equipment is to be included in the list referred to in paragraph 1 has not been taken, Member States may maintain national provisions dealing with parts or equipment which are capable of posing a significant risk to the correct functioning of systems that are essential for the safety of the vehicle or its environmental performance.

Once a positive or negative decision has been taken, the national provisions dealing with the parts or equipment in question shall cease to be valid.

Once such a decision has been taken, the national provisions dealing with the parts or equipment in question shall cease to be valid.

Justification

Clarifies the conditions under which national requirements will remain valid

9a. As from the date of entry into force of this Directive, Member States shall not adopt new provisions dealing with parts and equipment which can affect the correct functioning of systems that are essential for the safety of the vehicle or its environmental performance.

Justification

To avoid confusing situation after the entry into force of Article 31

3a. Direct references may be made in this Directive or in the separate directives or regulations to international standards and regulations without reproducing them in the Community legal framework.

Justification

In the interest of simplification, it is desirable that cross-references may be made in a directive or regulation to technical requirements included for example in a UNECE regulation. Where appropriate, such references may include automatically the latest amendments to such a regulation. This principle may also be applied to cross-references to international standards such as CEN, ISO, etc.

2. Amendments to the Annexes to this Directive or to the provisions of the separate directives or regulations listed in Part I of Annex IV, which are necessary to adapt them to the development of scientific and technical knowledge shall be adopted in accordance with the procedure referred to in Article 40(2).

2. Amendments to the Annexes to this Directive or to the provisions of the separate directives or regulations listed in Part I of Annex IV, which are necessary to adapt them to the development of scientific and technical knowledge or to the specific needs of persons with disabilities shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

Justification

The amendment aims at empowering the Commission to adopt the necessary adaptations to the Community legislation in order to ease type-approval of vehicles which have undergone specific technical modifications for persons with disabilities.

3. Amendments to this Directive which are necessary to apply the system of EC type-approval to vehicles other than those equipped with an internal combustion engine and to lay down technical requirements for small series vehicles, vehicles approved under the individual approval procedure and special purpose vehicles shall be adopted in accordance with the procedure referred to in Article 40(2).

3. Amendments to this Directive which are necessary to lay down technical requirements for small series vehicles, vehicles approved under the individual approval procedure and special purpose vehicles shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

7a. The annexes to this Directive may be amended by means of regulations.

Justification

In the interest of simplification, which is one of the corner-stones of “Better Regulation”, it is desirable that the technical aspects covered by the annexes of the Framework Directive could be made directly applicable in the Member States, thus avoiding unnecessary delays.

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

The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months.

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

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

Justification

Reference should be made to the new regulatory procedure with scrutiny laid down in Article 5a of Council Decision 1999/468/EC, as amended by Decision 2006/512/EC. There seems to be agreement between the institutions that the indication of the period in Article 5 (6) is no longer needed.

3a. At the request of the manufacturer, and until the dates specified in footnote 1 of Annex XIX, Member States shall continue to grant national type-approvals as an alternative to EC vehicle type-approval for the vehicle category M2 or M3 on the condition that the vehicles, their systems, components and separate technical units have been type-approved in accordance with the regulatory acts listed in Part I of Annex IV to this Directive.

Justification

Such provision will allow for an earlier application of the regulatory acts on a mandatory basis, and at the same time will ease the administrative burden on manufacturers in the changeover from national vehicle approval systems to the EC type-approval system.

4. As regards motor vehicles, paragraphs 1, 2 and 3 shall apply only to vehicles equipped with an internal combustion engine. For the purposes of those provisions, hybrid electric vehicles shall be deemed to be equipped with an internal combustion engine.

deleted

Justification

The deletion of this paragraph will allow type-approval of vehicles using technologies other than internal combustion engines, e.g. fuel-cell vehicles etc.

Member States shall determine the penalties applicable for infringement of the provisions of this Directive and of the regulatory acts listed in Part I of Annex IV and shall take all necessary measures for their implementation. The penalties determined shall be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission no later than …. * and shall notify any subsequent modifications thereof as soon as possible.

Member States shall determine the penalties applicable for infringement of the provisions of this Directive, and in particular of the prohibitions contained in or resulting from Article 31, and of the regulatory acts listed in Part I of Annex IV and shall take all necessary measures for their implementation. The penalties determined shall be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission no later than …. * and shall notify any subsequent modifications thereof as soon as possible.

Justification

Simpler drafting consistent with the modified art.31 (1).

5. "Special purpose vehicle" means a vehicle of category M, N or O for conveying passengers or goods and for performing a special function for which special body arrangements and/or equipment are necessary.

5. "Special purpose vehicle" means a vehicle intended to perform a function which requires special body arrangements and/or equipment. This category shall include wheel-chair accessible vehicles.

Justification

The amendment aims at including within the ‘special purpose vehicle category’ vehicles which are constructed or converted to accommodate wheel-chair users. It will thus be possible to lay down specific technical provisions for type-approving such vehicles at Community level. In addition, the definition has been simplified.

5.4a. "Wheel-chair accessible vehicle" means a vehicle of category M1 constructed or converted specifically so that it accommodates one or more person(s) seated in their wheel-chair(s) when travelling on the road.

Justification

The amendment provides for a clear definition of a vehicle converted for the purposes of transporting wheel-chair users seated in their own wheel-chairs. The definition together with the new Appendix to Annex XI will allow specific technical provisions for type-approving such vehicles to be laid down at Community level.

SGa Wheel-chair accessible vehicle (See Annex II, section A, item 5.4a.)

Justification

The amendment is related to the definition newly included in Annex II, section A, point 5.

31. Seat belts

31. Seat belts and restraint systems

Justification

The amendment aims at ensuring consistency with the introduction of a new obligation to type-approve child restraint systems under Directive 77/541/EEC.

This amendment should also apply to: Annex IV, Part I, Appendix, item 31 - Annex IV, Part II, item 31 - Annex VI, Appendix, item 31 - Annex XI, Appendix 1, item 31 - Annex XI, Appendix 2, item 31 - Annex XI, Appendix 3, item 31 - Annex XI, Appendix 4, item 31

10.1. The competent authority must, without undue delay, make the decision on whether to grant, confirm or extend designation of a technical service on the basis of the report(s) and any other relevant information.

10.1. The approval authority must, without undue delay, make the decision on whether to grant, confirm or extend designation of a technical service on the basis of the report(s) and any other relevant information.

10.2. The competent authority must provide a certificate to the technical service. This certificate must identify the following:

10.2. The approval authority must provide a certificate to the technical service. This certificate must identify the following:

a) the identity and logo of the competent authority;

a) the identity and logo of the approval authority;

19 for Romania;

34 for Bulgaria;

Justification

The amendment is related to the enlargement of the European Union.

19 For Romania

34 For Bulgaria

Justification

The amendment is related to the enlargement of the European Union.

: ... | Czech Republic: ...

Belgium: ..| Bulgaria: ..| Czech Republic:..

Poland: ... | Portugal: ...

Poland: ... | Portugal: ..| Romania: ..

Justification

The amendment is related to the enlargement of the European Union.

This amendment should apply for complete or completed vehicles of category M1, categories M2 and M3; categories N1, N2 and N3 and for categories O1, O2, O3 and O4.

: ... | Czech Republic: ...

Belgium: ..| Bulgaria: ..| Czech Republic:..

Poland: ... | Portugal: ...

Poland: ... | Portugal: ..| Romania: ..

Justification

The amendment is related to the enlargement of the European Union.

This amendment should apply for incomplete vehicles of category M1, categories M2 and M3; categories N1, N2 and N3 and for categories O1, O2, O3 and O4.

Appendix 2a

Wheel-chair Accessible Vehicles

Justification

The amendment provides for a list of decisions to be applied for type-approving vehicles constructed or converted for the purposes of transporting wheel-chair users seated in their own wheel-chairs. The list applies not only for vehicles constructed for such purposes but also for converted vehicles which have been subject to an EC vehicle type-approval. In the first case, the ‘normal’ type-approval regime applies whilst in the latter, the ‘multi-stage’ approval regime is applicable. In both cases, a letter ‘X’ means that no exemption to the Community legislation in force is permitted while a letter ‘W’ provides for a reference to specific provisions; 'G' means requirements according to the category of the base/incomplete vehicle.

W1 Requirements must be complied with, but modification in the exhaust system is permitted without any further test provided the emission control devices including particulate filters (if any) are not affected. No new evaporative test shall be required on the modified vehicle on condition that the evaporative control devices are kept as fitted by the manufacturer of the base vehicle.

An EC type approval issued to the most representative base vehicle remains valid irrespective of change in the reference mass.

W2 Requirements must be complied with, but modification of the routing, length of the refuelling duct, fuel hoses and fuel vapour pipes is permitted. Re-location of the original fuel tank is permitted.

W3 A wheel-chair location is considered as a seating position. For each wheel-chair sufficient space shall be provided. The longitudinal plane of the special area shall be parallel to the longitudinal plane of the vehicle.

Appropriate information shall be made available to the vehicle owner that a wheel-chair used as a seat in the vehicle must be capable of withstanding the forces transmitted by the tie-down mechanism during the various driving conditions.

Appropriate adaptations may be made to the seats of the vehicle provided that their anchorages, mechanisms and head restraints guarantee the same level of performance provided for in the Directive.

W4 Compliance with Directive shall be required for the boarding aids when in the resting position.

W5 Each wheel-chair location shall be fitted with an integrated restraint system which consists of a restraint system for the wheel-chair and a restraint system for the wheel-chair user.

Anchorages for restraint systems shall resist forces as prescribed in Directive 76/115/EEC and in Standard ISO 10542-1: 2001.

Webbings and hardware intended to secure the wheel-chair (tie-down mechanisms) shall meet the requirements of Directive 77/541/EEC and of the relevant part of Standard ISO 10542.

Tests shall be performed by the technical service which has been appointed for testing and checking in accordance with the Directives referred to above. The criteria are those included in these Directives. Tests shall be performed with the surrogate wheel-chair described in Standard ISO 10542.

W6. When, due to the conversion, anchorage points for the safety belts need to be moved outside the tolerance provided for in point 2.7.8.1. of Annex I to Directive 77/541/EEC, the technical service shall check whether the alteration constitutes a worst case or not. If that is the case, the test provided for in Annex VII to Directive 77/541/EEC shall be performed. Extension to the EC type-approval does not need to be issued.

W7. A new measurement relating to CO2 emissions does not need to be performed when, in application of the provisions under W1, no fresh tests have to be performed with regard to tail pipe emissions.

W8 For the purposes of calculations, the mass of the wheel-chair including the user shall be assumed to be 100 kg. The mass shall be concentrated at the H point of the three-dimensional machine.

The technical service shall also consider the possibility to use electric wheelchair(s), the mass of which, including the user, is assumed to be 250 kg. Any limitation in the passenger capacity resulting from the use of electric wheelchair(s) shall be recorded in the type-approval certificate and an appropriate language thereto shall be included in the certificate of conformity.

W9 No new test shall be required on the modified vehicle on condition that the front part of the chassis located in front of the R point of the driver is not affected by the conversion of the vehicle and no part of the supplementary restraint system (air-bag(s)) has been removed or deactivated.

W10 No new test shall be required on the modified vehicle on condition that the side reinforcements have not been altered and no part of the supplementary restraint system (side air-bag(s)) has been removed or deactivated.

Justification

The amendment provides for guidance for type-approving vehicles constructed or converted for the purposes of transporting wheel-chair users seated in their own wheel-chairs. This amendment completes the introduction of the new Appendix 2 a to Annex XI.

Council common position

Amendment by Parliament

Council common position

Amendment by Parliament