Motor vehicles

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Motor vehicles
  This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents   ► B DIRECTIVE 2007/46/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 5 September 2007establishing 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)  (Text with EEA relevance)  (OJ L 263, 9.10.2007, p. 1)Amended by:Official Journal No page date ► M1 Commission Regulation (EC) No 1060/2008 of 7 October 2008 L 292 1 31.10.2008 ► M2 Regulation (EC) No 78/2009 of the European Parliament and of theCouncil of 14 January 2009L 35 1 4.2.2009 ► M3 Regulation (EC) No 79/2009 of the European Parliament and of theCouncil of 14 January 2009L 35 32 4.2.2009 ► M4 Commission Regulation (EC) No 385/2009 of 7 May 2009 L 118 13 13.5.2009 ► M5 Regulation (EC) No 595/2009 of the European Parliament and of theCouncil of 18 June 2009L 188 1 18.7.2009 ► M6 Regulation (EC) No 661/2009 of the European Parliament and of theCouncil of 13 July 2009L 200 1 31.7.2009 ► M7 Commission Directive 2010/19/EU of 9 March 2010 L 72 17 20.3.2010 ► M8 amended by Commission Decision 2011/415/EU of 14 July 2011 L 185 76 15.7.2011 ► M9 Commission Regulation (EU) No 371/2010 of 16 April 2010 L 110 1 1.5.2010 ► M10 Commission Regulation (EU) No 183/2011 of 22 February 2011 L 53 4 26.2.2011 ► M11 Commission Regulation (EU) No 582/2011 of 25 May 2011 L 167 1 25.6.2011 ► M12 Commission Regulation (EU) No 678/2011 of 14 July 2011 L 185 30 15.7.2011 ► M13 Commission Regulation (EU) No 65/2012 of 24 January 2012 L 28 24 31.1.2012 ► M14 Commission Regulation (EU) No 1229/2012 of 10 December 2012 L 353 1 21.12.2012 ► M15 Commission Regulation (EU) No 1230/2012 of 12 December 2012 L 353 31 21.12.20122007L0046 — EN — 10.01.2013 — 009.001 — 1  DIRECTIVE 2007/46/EC OF THE EUROPEAN PARLIAMENTAND OF THE COUNCILof 5 September 2007establishing a framework for the approval of motor vehicles andtheir trailers, and of systems, components and separate technicalunits intended for such vehicles(Framework Directive)  (Text with EEA relevance)  THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THEEUROPEAN UNION,  Having regard to the Treaty establishing the European Community, andin particular Article 95 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and SocialCommittee (  1  ),Acting in accordance with the procedure referred to in Article 251 of the Treaty (  2  ),Whereas:  (1) Council Directive 70/156/EEC of 6 February 1970 on theapproximation of the laws of the Member States relating to thetype-approval of motor vehicles and their trailers (  3  ), has beensubstantially amended several times. Since further amendmentsare to be made, it should be recast in the interests of clarity.  (2) For the purposes of the establishment and operation of theinternal market of the Community, it is appropriate to replacethe Member States’ approval systems with a Communityapproval procedure based on the principle of total harmonisation.  (3) The technical requirements applicable to systems, components,separate technical units and vehicles should be harmonised andspecified in regulatory acts. Those regulatory acts should primarily seek to ensure a high level of road safety, health protection, environmental protection, energy efficiency and protection against unauthorised use.   ▼ B  2007L0046 — EN — 10.01.2013 — 009.001 — 2  (  1  ) OJ C 108, 30.4.2004, p. 29.(  2  ) Opinion of the European Parliament of 11 February 2004 (OJ C 97 E,22.4.2004, p. 370), Council Common Position of 11 December 2006 (OJC 64 E, 20.3.2007, p. 1), Position of the European Parliament of 10 May2007 (not yet published in the Official Journal) and Council Decision of 23 July 2007.(  3  ) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Regulation (EC) No 715/2007 of the European Parliament and of the Council (OJ L 171,29.6.2007, p. 1).   (4) Council Directive 92/53/EEC of 18 June 1992 amendingDirective 70/156/EEC on the approximation of the laws of theMember States relating to the type-approval of motor vehiclesand their trailers (  1  ) limited application of the Communitywhole vehicle type-approval procedure to the vehicle categoryM  1  . However, in order to complete the internal market and toensure that it functions properly, the scope of the presentDirective should cover all categories of vehicles, enabling manu - facturers to benefit from the advantages of the internal market bymeans of the Community type-approval.  (5) In order to enable manufacturers to adapt to the new harmonised procedures, a sufficient lead-time should be allowed beforeCommunity vehicle type-approval becomes compulsory for vehicles belonging to categories other than M  1  that are built inone stage. A longer lead-time is required for vehicles of categories other than M  1  that require a multi-stage approval,since that procedure will involve body-builders, who will needto gain sufficient experience in that field so that the necessary procedures can be implemented properly. However, due to theimportance of safety for vehicles of category M  2  and M  3  , duringthe transitional period when national type approval is still valid inorder to allow manufacturers to get experience with EC vehicletype approval, it is necessary that those vehicles comply with thetechnical requirements of the harmonised directives.  (6) Until now, manufacturers who produce vehicles in small serieshave been partially excluded from the benefits of the internalmarket. Experience has shown that road safety and protectionof the environment could be significantly improved if smallseries vehicles were totally integrated into the Communityvehicle type-approval system, starting with category M  1  .  (7) In order to prevent abuse, any simplified procedure for smallseries vehicles should be restricted to cases of very limited production; it is therefore necessary to define more preciselythe concept of small series in terms of the number of vehicles produced.  (8) It is important to lay down measures enabling vehicles to beapproved on an individual basis, in order to allow sufficientflexibility in the multi-stage approval system; however, pendingthe establishment of harmonised, specific Community provisions,Member States should continue to be allowed to grant individualapprovals in accordance with their national rules.   ▼ B  2007L0046 — EN — 10.01.2013 — 009.001 — 3  (  1  ) OJ L 225, 10.8.1992, p. 1.   (9) Pending application of the Community vehicle type-approval procedures to categories of vehicles other than M  1  , Member States should be allowed to continue to grant vehicle type-approvals on a national basis, and transitional provisions should be laid down accordingly.  (10) The measures necessary for the implementation of thisDirective should be adopted in accordance with CouncilDecision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferredon the Commission (  1  ).  (11) By Council Decision 97/836/EC (  2  ), the Community acceded tothe Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts whichcan be fitted to and/or used on wheeled vehicles and theconditions for reciprocal recognition of approvals granted onthe basis of these prescriptions (Revised 1958 Agreement).Consequently, United Nations Economic Commission for Europe(UNECE) Regulations to which the Community accedes, in appli - cation of that Decision, and amendments to UNECE Regulationsto which the Community has already acceded should be incor  -  porated within the Community type-approval procedure either asrequirements for EC vehicle type-approval, or as alternatives toexisting Community law. In particular, where the Communitydecides, by means of a Council decision, that a UNECE Regu - lation shall become part of the EC vehicle type-approval procedure and replace existing Community law, the Commissionshould be empowered to make the necessary adaptations to thisDirective. Since those measures are of general scope and aredesigned 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 Decision1999/468/EC.  (12) For the purposes of better regulation and simplification and inorder to avoid having to constantly update existing Communitylegislation on issues of technical specifications, it should be possible for this Directive or for separate directives and regu - lations to make references to existing international standardsand regulations without reproducing them in the Communitylegal framework.  (13) In order to ensure that the procedure for monitoring conformityof production, which is one of the cornerstones of theCommunity type-approval system, has been correctly imple - mented and functions properly, manufacturers should beregularly checked by the competent authority or by an appro -  priately qualified technical service appointed for that purpose.   ▼ B  2007L0046 — EN — 10.01.2013 — 009.001 — 4  (  1  ) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC(OJ L 200, 22.7.2006, p. 11).(  2  ) OJ L 346, 17.12.1997, p. 78.
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