Directive 2007/46 / EC

from Wikipedia, the free encyclopedia


European Union flag

Directive 2007/46 / EC (framework directive)

Title: Directive 2007/46 / EC of the European Parliament and of the Council of 5 September 2007 on the creation of a framework for the approval of motor vehicles and motor vehicle trailers as well as of systems, components and independent technical units for these vehicles
Designation:
(not official) 		Type approval directive
Scope: EEA
Release date: October 9, 2007
Last change by: u. a. in particular Regulation (EU) 678/2011 for the EC vehicle classes
To be
implemented in national law by: 		April 28, 2009
Reference: OJ L 263 of 9.10.2007, p. 1
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The directive establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles , even briefly [ EU / EC ] type [ s ] permit guideline called governs the EU type-approval system called common approach for type approval of most categories of road vehicles in the European Economic Area .

European Union flag

Regulation (EU) 2018/858

Title: Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and motor vehicle trailers as well as of systems, components and independent technical units for these vehicles, amending Regulation (EC) No. 715/2007 and (EC) No. 595/2009 and repealing Directive 2007/46 / EC
Come into effect: September 1, 2020
Replaces: RL 2007/46 / EG
To be
implemented in national law by: 		2018-2026
Reference: OJ L 151, June 14, 2018, pp. 1–218
Full text Basic version
Regulation has entered into force but is not yet applicable.
Please note the information on the current version of legal acts of the European Union !

It will be replaced on September 1, 2020 by the new Regulation (EU) 2018/858 of the same name , which introduces additional rules for market surveillance .

history

European Union flag

Directive 70/156 / EEC

Title: Council Directive 70/156 / EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and motor vehicle trailers
Replaced by: RL 2007/46 / EG
Reference: OJ L 42, February 23, 1970, pp. 1-15
Full text Basic version
Regulation has expired.
Please note the information on the current version of legal acts of the European Union !

The harmonization of the vehicle sector is one of the earliest agendas of the European Economic Community  (EEC) with regard to the common market (now known as the internal market). In 1970 the guideline of the council for the approximation of the legal regulations of the member states concerning the operating license for motor vehicles and motor vehicle trailers (RL 70/156 / EWG) came into force, at that time still for the EEA countries Belgium, Germany, France, Italy, Luxembourg, the Netherlands. The adaptation to rapid technical progress was carried out in the committee for the adaptation of the directives on the elimination of technical barriers to trade in motor vehicles to technical progress .

In 1997, the European Union became an independent contracting party to the Convention of the United Nations Economic Commission for Europe (UN ECE) of 1958 on the adoption of uniform technical regulations for wheeled vehicles, equipment and parts (in the 1995 version, amended Geneva Convention ), which previously most EU states had acceded individually (Council Decision 97/836 / EC). The majority of the attached regulations (UN / ECE regulations) have thus been adopted directly into EU law .

In 2007 the set of rules was reissued as a directive of the European Parliament and the Council to create a framework for the approval of motor vehicles and motor vehicle trailers as well as systems, components and independent technical units for these vehicles (RL 2007/46 / EC).

With Regulation (EC) No. 661/2009, the specific European type approval guidelines were repealed and replaced by the binding application of the corresponding UN regulations.

In 2013, an evaluation carried out by the European Commission found that, in addition to improving the type approval framework, measures such as complementary market surveillance and the specification of the recall procedures and protection against misapplication of the provisions are necessary.

In 2015, the revelations about illegal shutdown devices ( exhaust gas scandal ) showed that the approval regulations had become susceptible to abuse by modern technologies. On January 26, 2017, the Commission published guidelines for the assessment of additional emission strategies to help Member States identify defeat devices.

Therefore, in 2017 it was decided to reissue the type approval directive. The regulation of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and motor vehicle trailers as well as of systems, components and independent technical units for these vehicles (Regulation (EU) 2018/858) was signed on May 30, 2018 and June 14, 2018 released. It is valid from September 1, 2020, approvals according to the new procedure are possible from July 5, 2020.

With the new version (EU) 2018/858, the administrative work has been simplified again, the UN regulations and their changes have been included in the legal provisions for EU type approval. This means that a type approval using the UN regulations can be applied for immediately after this ordinance. In addition to the previous version, the new directive also regulates the obligations of economic actors in the supply chain , those of the enforcement authorities in the Member States, additional powers of the Commission to control, and the measures to be taken if there are deficiencies in relation to safety, environmental risks, consumer protection or the type approval itself can be determined on the market.

By 1 September 2026, the Commission will present an evaluation report to the European Parliament and the Council on the application and functioning of the newly introduced authorization review.

content

The guideline creates harmonized framework conditions with general technical and administrative requirements for the basic vehicle types of motor vehicles  (motor vehicles), namely passenger cars  (cars), delivery vans , lorries (trucks) and buses , as well as the trailers intended for such vehicles .

However, it does not apply to motorcycles (two or three-wheeled vehicles) and various four-wheeled [small] vehicles ( regulated in Regulation (EU) No. 168/2013 ), for agricultural or forestry vehicles ( Regulation (EU) No. 167 / 2013 ), and for tracked vehicles and for military equipment (Art. 2 Para. 2 lit. 1–3, now also lit. 4). Approvals of some special vehicles are optional.

Manufacturer and dealer site

The directive contains basic rules for the construction , sale and commissioning of vehicles and parts and equipment for vehicles. It applies to all economic actors involved, i.e. to manufacturers ( automobile manufacturers as well as automobile suppliers ), representatives of the manufacturers, importers from third countries , as well as dealers . The general obligations of manufacturers and dealers are clearly formulated here (Art. 5; now more detailed Art. 13–20). The special technical requirements and additional administrative provisions are set out in numerous special and additional regulations (list of these legal acts 2007/46 / EC, Annex 5; in future (EU) 2018/858 distributed over Annexes 1–8).

The criteria for new technologies or concepts that are incompatible with existing legal acts are also dealt with (Chapter VIII Art. 20-21; now Chapter VII Art. 39-40). Type approval has been made easier for manufacturers of small series vehicles (Chapter XI Art. 22–23; new Chapter VIII Art. 41–43) and custom-made products ( EU individual vehicle approval , Chapter X Art. 24–25; new Chapter. IX Art. 44–47), for which alternative type approval models are intended to provide adequate flexibility.

The obligation to provide the technical information for users as well as other manufacturers is expressly anchored (Chapter XIV Art. 37-38; new Chapter XIII Art. 59-60), especially with regard to the market competition for repair companies who are involved with Authorized dealers compete, and on vehicle repair and vehicle maintenance information services, but also for a central government system of market surveillance. The regulation of data protection is also new for the automotive industry (new Chapter XIV Art. 61–65; see below ).

Also newly anchored is the expiry of the validity of a type approval as a result of a re-examination by the approval authorities, or if it is established that the approval “is based on false declarations, falsified test results or that data has been withheld” (Art. 17; new Article 35, especially paragraph 2, letters b and f). The penal provisions have also been tightened (Art. 46; new Art. 84–85), in particular fines of up to € 30,000 can be imposed on manufacturers and importers for each non-compliant vehicle (new Art. 85 (1)).

State side

The basic obligations of the member states and their authorities are also laid down (Art. 4; new Art. 6-8). There are also guidelines on the type approval authorities and technical services (Chapter XVI Art. 41–45; now Chapter XV Art. 67–81).

The procedures for checking the legal conformity of an application for approval are regulated (in particular Art. 11; new Art. 30). Guidelines have been formulated on how to proceed in the member states and at Union level if there is a suspicion that vehicles, systems, components or independent technical units pose a serious risk or are not in conformity with the guidelines (Section XII, safeguard clauses 29-33 ; new Chapter XI Art. 51–56). This also includes assessing and checking a recall campaign (Art. 32) that has been reorganized (new various sources). Measures to ensure safety and the prevention of damage to public health and the environment should take place at national level, but if the problem could spread beyond the territory of a Member State, at Union level. In the future, member states will be obliged to carry out a minimum number of random checks on vehicles every year (one for every 40,000 vehicles newly registered in the previous year; at least five). At least 20% of these controls must be emissions-related tests under real driving conditions.

The review of compliance with the regulations as well as an assessment of the procedures of the national approval authorities by the Commission (new Art. 9-10) and rules for online data exchange (new Art. 12) have also been introduced. They are intended to ensure complementary market surveillance (four-eyes principle). The member states determine the sanctions against market participants and technical services in the event of a violation of this regulation (Art. 46; now Art. 84), the Commission imposes fines as an alternative (Art. 85, in particular Paragraph 1, 2nd sentence).

A forum for the exchange of information made up of representatives of the individual Member States was also set up for the purpose of the inspection, chaired by the Commission ( forum for the exchange of information on enforcement , new Article 11). It is also responsible for data protection issues ( forum for issues relating to access to vehicle information , new Art. 66).

Consumer side

The questions of the protection of personal data , which result from the information of the on-board diagnosis and in the case of vehicle repair and maintenance, are also basically regulated in this guideline (new chapter XIV Art. 61-65). On the one hand, technical progress, for example through remote access to vehicle information and software, even by economic actors independent of the manufacturer, should not be impaired; on the other hand, data protection standards should also be guaranteed in the vehicle electronics sector .

If remedial measures are taken to comply with the guideline, be it on the part of economic operators, or if they are ordered by the state, through to product recalls and the expiry of a type approval due to violations, “the owners of the registration of affected vehicles should not bear the costs of repairing their vehicles must, even if repairs were carried out at the expense of the approval holder before the remedial measure was taken. This should not preclude consumers from having recourse to legal remedies under contract law applicable under Union or national law. "

EU type approval system

European Union flag

Regulation (EU) No. 678/2011

Title: Regulation (EU) No. 678/2011 of the Commission of 14 July 2011 replacing Annex II and amending Annexes IV, IX and XI of Directive 2007/46 / EC […]
Scope: EEA
Reference: OJ L 185, July 15, 2011, pp. 30-56
Full text Basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The main part of the guideline comprises the procedure for EU type approval (Art. 6–17; new Chapter III – V Art. 22–35), the certificate of conformity (Art. 18; new Chapter VI Art. 36–37) and Marking (Art. 18–19; new Chapter VI Art. 38).

The reference to UN type approvals , in particular their equivalence, is explicitly emphasized (Art. 34–35; new Chapter XII International Regulations Art. 57–58).

A special point of the test are the virtual test methods (Annex XVI, new Annex VIII), which have gained increasing importance, but are also critical for manipulation.

Terms of vehicle classes and types

In particular, the directive also implements the system of EU vehicle classes for motor vehicles for passenger transport (class M) , for goods transport (N) , for trailers for motor vehicles (O) , and for off-road vehicles (sub-class G) , which systematises the numerous categories (vehicle types , Variants and versions, types of construction).

This is regulated in Annex II, which is currently in the version of Regulation (EU) No. 678/2011 - Part A for the classes, Part B for types, variants and versions; Part C for the type of construction; new (EU) 2018/858 Art. 4 classes, appendix 1 criteria for classes, and types, variants and versions, and Appendix 1 off-road vehicles, Appendix 2 types of bodies.

proof

  1. ↑ Directive 2007/46 / EC itself speaks of "EC type approval" (Art. 3 definition of terms, line 5); the new Regulation (EU) 2018/858 of "EU type approval" (Art. 3 Definitions Z. 2).
  2. ↑ a b c d e f For the innovations, see (EU) 2018/858 Annex XI Correspondence table .
  3. ↑ cf. Preamble to Regulation (EU) 2018/858 "Considering the following reasons".
  4. ↑ a b Preamble to Directive 70/156 / EEC.
  5. ↑ Convention of the United Nations Economic Commission for Europe of March 20, 1958 on the adoption of uniform technical regulations for wheeled vehicles, equipment and parts that can be installed and / or used in wheeled vehicles, and the conditions for the mutual recognition of permits issued in accordance with these regulations. Revision 3, OJ L 274, 11.10.2016, pp. 4–30 (German; EUR-Lex ).
  6. ↑ Decision 97/836 / EC of November 27, 1997 on the accession of the European Community to the Agreement of the Economic Commission for Europe of the United Nations on the adoption of uniform technical regulations for wheeled vehicles, items of equipment and parts that are installed in wheeled vehicles and / or can be used, and the conditions for the mutual recognition of authorizations granted under these Regulations (“Revised 1958 Convention”) OJ L 346 of December 17, 1997, p. 78 (eur-lex).
  7. ↑ a b c d Preamble to Regulation (EU) 2018/858, paras. 48–49.
  8. ↑ Harmonization of admission requirements: worldwide harmonization. Verband der Automobilindustrie, vda.de, undated (accessed December 16, 2019).
  9. ↑ Regulation (EC) No. 661/2009 of the European Parliament and of the Council of July 13, 2009 on the type approval of motor vehicles, motor vehicle trailers and of systems, components and independent technical units for these vehicles with regard to their general safety. OJ L 200 of July 31, 2009, p. 1 (eur-lex)
  10. ↑ a b c d e f Type approval and market surveillance for motor vehicles. consilium.europa.eu, as of December 6, 2018 (accessed December 15, 2019).
  11. ↑ Preamble to Regulation (EU) 2018/858, paras. 3–6.
  12. ↑ a b Preamble to Regulation (EU) 2018/858, para. 36.
  13. ↑ Guidelines for the evaluation of additional emission strategies and the presence of defeat devices with regard to the application of Regulation (EC) No. 715/2007 on the type approval of motor vehicles with regard to emissions from light passenger cars and commercial vehicles (Euro 5 and Euro 6). Commission notice, C (2017) 352 final, 26 January 2017 (pdf, europarl.europa.eu).
  14. ↑ a b EU type approval. Verband der Automobilindustrie, vda.de, undated (accessed December 16, 2019).
  15. ↑ a b Art. 91 (EU) 2018/858.
  16. ↑ a b Preamble to Regulation (EU) 2018/858, Paragraph 10.
  17. ↑ Art. 90 para. 1 (EU) 2018/858.
  18. ↑ "Vehicles that were designed and built exclusively for use by the armed forces or adapted for this purpose." ((EU) 167/2013 (2), 4)
  19. ↑ Type or individual approval: vehicles that are mainly designed and built for use on construction sites, in quarries , in ports or at airports ; Vehicles that are designed and built for use by the armed forces , civil protection, fire services and law enforcement agencies; self-propelled machines ; Individual approval possible as an option: vehicles that are intended exclusively for road races ; Prototypes ((EU) 167/2013 Art. 2 Para. 3–4).
  20. ↑ a b Art. 1 Subject 2007/46 / EC.
  21. ↑ Definitions Art. 3 Definitions (EU) 2018/858, lines 40–44.
  22. ↑ Preamble to Regulation (EU) 2018/858, para. 47.
  23. ↑ a b c Preamble to Regulation (EU) 2018/858, paras. 50–53.
  24. ↑ a b c Preamble to Regulation (EU) 2018/858, Para. 54.
  25. ↑ Technical service: "an organization or body that has been designated by the approval authority as a test laboratory for carrying out tests or as a conformity assessment body for carrying out the initial assessment and other tests or controls" (Art. 3 line 38 (EU) 678/201 ).
  26. ↑ Preamble to Regulation (EU) 2018/858, para. 45.
  27. ↑ Preamble to Regulation (EU) 2018/858, Paragraph 44.
  28. ↑ cf. Preamble to Regulation (EU) 2018/858, Paragraphs 58 and 59.
  29. ↑ Preamble to Regulation (EU) 2018/858, para. 35.
  30. ↑ Preamble to Regulation (EU) 2018/858, Paragraph 46.
  31. ↑ Certificate of Conformity: "The document issued by the manufacturer, which certifies that a manufactured vehicle complies with the approved vehicle type and all legal acts applicable at the time of its manufacture" (Art. 3, line 5 (EU) 678/201).
  32. ↑ The third country provision on multilateral or bilateral agreements (2007/46 / EC Art. 36) is no longer applicable with the new version.