IE
S.I. No. 421/2011 - European Communities (Motor Vehicles Type Approval) (Amendment) Regulations 2011.
Table of Provisions (31)
Statutory Text (31 Articles)
1. 5.2010
Corrigenda
OJ L 200, 31.7.2009, p. 52 (595/2009)
PART 2
DIRECTIVES APPLICABLE TO TWO-AND THREE-WHEELED VEHICLES
1 Council Directive 93/14/EEC of 5 April 1993 on braking of two-or three-wheel motor vehicles (O.J. L121 of 15.5.93, p. 1)
Amended by
Official Journal No.
page
date
Commission Directive 2006/27/EC of 3 March 2006
L 66
7
2. The European Communities (Motor Vehicles Type Approval) Regulations 2009 (
S.I. No.127 of 2009
) are amended—
(
a
) by substituting for Schedule 1, as inserted by Regulation 2(
d
) of the European Communities (Motor Vehicles Type Approval) Regulations 2010 (
S.I. No. 171 of 2010
), the following
“SCHEDULE 1
SCHEDULED DIRECTIVES
PART 1
DIRECTIVES APPLICABLE TO FOUR-WHEELED VEHICLES
1 Council Directive 70/157/EEC of 6 February 1970 on sound level and exhaust systems (O.J. L42 of 23.2.70, p. 16 (S.E. 1970(1))
Amended by
Official Journal No.
page
date
Act of Accession of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland
L73
14
3. 5.2000
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
L 236
33
4. 2.2009
Parliament and Council Regulation 385/2009 of 7 of May 2009
L 118
13
5. 7.1997
17 Council Directive 76/114/EEC of 18 December 1975 on location and attachment of statutory plates and inscriptions (O.J. L24 of 30.1.76, p. 1)
Amended by
Official Journal No.
page
date
Commission Directive 78/507/EEC of 19 May 1978
L 155
31
6. 12.1990
Corrigenda
OJ L 150, 6.6.1978, p. 6 (77/649/EEC)
32 Council Directive 78/316/EEC of 21 December 1977 on identification of controls, tell-tales and indicators (O.J. L81 of 28.3.78, p. 3)
Amended by
Official Journal No.
page
date
Commission Directive 93/91/EEC of 29 October 1993
L 284
25
7. 7.2004
Corrigenda
OJ L 75, 4.4.1995, p. 30 (93/93/EEC)
5 Directive 95/1/EC of the European Parliament and of the Council of 2 February 1995 on maximum design speed, maximum torque and maximum net engine power of two-or three-wheel motor vehicles (O.J. L52 of 8.3.95, p. 1)
Amended by
Official Journal No.
page
date
Commission Directive 2002/41/EC of 17 May 2002
L 133
17
8. 3.2006
Commission Directive 2006/72/EC of 18 August 2006
L 227
43
9. 4.1988
Commission Directive 89/491/EEC of 17 July 1989
L 238
43
11. 7.1987
Act of Accession of Austria, Sweden and Finland
C 241
21
12. 7.1988
Commission Directive 90/630/EEC of 30 October 1990
L 341
20
13. 5.2009
Parliament and Council Regulation 595/2009 of 18 June 2009
L 188
1
14. 1.2009
58 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 on emissions from air-conditioning systems (O.J. L161 of 14.6.2006, p. 12)
including the administrative procedures required by
Official Journal No.
page
date
Commission Regulation (EC) No. 706/2007 of 21 June 2007
L 161
33
15. 8.1989
Commission Directive 97/21/EC of 18 April 1997
L 125
31
16. 5.1997
Commission Directive 1999/99/EC of 15 December 1999
L 334
32
17. 2.2005
44 Council Directive 92/24/EEC of 31 March 1992 on speed limitation devices (O.J. L129 of 14.5.92, p. 154)
Amended by
Official Journal No.
page
date
Directive 2004/11/EC of the European Parliament and of the Council of 11 February 2004
L 44
19
18. 8.2009
Corrigenda
OJ L 244, 3.9.1998, p. 20 (97/24/EC)
OJ L 21, 26.1.2000, p. 44 (97/24/EC)
7 Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 on the type-approval of two-or three-wheel motor vehicles (O.J. L124 of 9.5.2002, p. 1)
Amended by
Official Journal No.
page
date
Commission Directive 2003/77/EC of 11 August 2003
L 211
24
19. 8.2006
Commission Directive 2009/108/EC of 17 August 2009
L213
10
20. 12.2006
Corrigenda
OJ L 49, 22.2.2003, p. 23 (2002/24/EC)
8 Directive 2002/51/EC of the European Parliament and of the Council of 19 July 2002 on pollutant emissions from two-and three-wheel motor vehicles (O.J. L252 of 20.9.2002, p. 20)
9 Directive 2009/62/EC of the European Parliament and of the Council of 13 July 2009 relating to the space for mounting the rear registration plate for two-or three-wheel motor vehicles (O.J. L198 of 30.7.2009, p. 20)
10 Directive 2009/67/EC of the European Parliament and of the Council of 13 July 2009 on the installation of lighting and light-signalling devices on two-or three-wheel motor vehicles (O.J. L222 of 25.8.2009, p. 1)
11 Directive 2009/78/EC of the European Parliament and of the Council of 13 July 2009 on stands for two-wheel motor vehicles (O.J. L231 of 3.9.2009, p. 8)
12 Directive 2009/79/EC of the European Parliament and of the Council of 13 July 2009 on passenger hand-holds on two-wheel motor vehicles (O.J. L201 of 1.8.2009, p. 29)
13 Directive 2009/80/EC of the European Parliament and of the Council of 13 July 2009 on the identification of controls, tell tales and indicators for two-or three-wheel motor vehicles (O.J. L202 of 4.8.2009, p. 16)
14 Directive 2009/139/EC of the European Parliament and of the Council of November 25, 2009 on statutory markings for two-or three-wheel motor vehicles (O.J. L 322 of 9.12.2009, p. 3)
”.
GIVEN under my Official Seal,
2 August 2011.
LEO VARADKAR,
Minister for Transport, Tourism and Sport.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The European Communities (Motor Vehicles Type Approval) Regulations 2009 (
S.I. No. 127 of 2009
), as amended by the European Communities (Motor Vehicles Type Approval) Regulations 2010 (
S.I. No. 171 of 2010
), implemented in Ireland those provisions of a number of European Community Directives which deal with the type approval of motor vehicles, their trailers and components, and two-and three-wheel vehicles including quadricycles. The relevant EC Directives are listed in Schedule 1 to
S.I. No. 127 of 2009
and Schedules 2 and 3 contain the relevant forms of Type Approval and Certificate of Conformity. These amending Regulations further update
S.I. No. 127 of 2009
by substituting a new Schedule 1 to take account of certain recently adopted type approval Directives and the administrative procedures required by several EC/EU Regulations.
Schedule 1 now includes amendments pursuant to the following
• Commission Directive 2010/19/EU amending Council Directive 91/226/EEC in the field of spray-suppression systems of certain categories of motor vehicles and their trailers. Directive 91/226/EEC relating to the spray-suppression systems is one of the separate directives in the context of the EC type-approval procedure established under Directive 2007/46/EC. Directive 2010/19/EU amends the scope of Directive 91/226/EC to mandate spray suppression devices for Category N vehicles with a Design Gross Vehicle Weight exceeding 7.5 tonnes and O3 and O4 trailers. The Directive clarifies that the requirements with regard to spray suppression devices do not apply to off road vehicles.
• Commission Regulation (EU) No. 371/2010 replacing Annexes V, X, XV and XVI to Council Directive 2007/46/EC. This EU Regulation allows a manufacturer to carry out tests in the capacity of a technical service for the purposes of approval to certain prescribed separate regulatory acts. In the process entitled “self-testing”, the list of the regulatory acts for which a manufacturer may be designated as a technical service, is specified in Annex XV to Directive 2007/46/EC. The EU Regulation also allows manufacturers to use computer-aided techniques instead of having to carry out physical tests for the purpose of certain prescribed tests in a process called ‘virtual testing’. The Regulation also amends Annex V in order to update the documents exchanged between technical services and the approval authority.
It must be noted that EC/EU Regulations do not need transposition into Irish law, as they are directly binding throughout the Member States of the European Union. Annex IV of Council Directive 2007/46/EC of 5 September 2007 (as amended) on the type approval of motor vehicles and their trailers (O.J. L263 of 9.10.2007, p. 1) provides a comprehensive applicable list of EC/EU Regulations for motor vehicles and their trailers.
21. 8.2003
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
L 236
33
22. 6.2007
59 Council Directive 2007/46/EC of 5 September 2007 on the type approval of motor vehicles and their trailers (O.J. L263 of 9.10.2007, p. 1)
including the administrative procedures required by
Official Journal No.
page
date
Commission Regulation 1060/2008 of 7 October 2008
L 292
1
23. 9.2003
Commission Directive 2005/30/EC of 22 April 2005
L 106
17
24. 11.2005
Commission Directive 2006/28/EC of 6 March 2006
L 65
27
25. 2.2000
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
L 236
33
26. 3.2003
Corrigenda
OJ L 125, 21.5.2003, p. 14 (2001/85/EC)
51 Directive 98/91/EC of the European Parliament and of the Council of 14 December 1998 relating to motor vehicles and their trailers intended for the transport of dangerous goods by road (OJ L 11, 16.1.1999, p. 25)
52 Directive 2000/40/EC of the European Parliament and of the Council of 26 June 2000 on the approximation of the laws of the Member States relating to the front underrun protection of motor vehicles (OJ L 203, 10.8.2000, p. 9)
Amended by
Official Journal No.
page
date
Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
L 236
33
27. 4.2005
Council Directive 2006/96/EC of 20 November 2006
L 363
81
28. 11.2006
Commission Directive 2006/27/EC of 3 March 2006
L 66
7
29. 11.2005
As amended by Commission Directive 2006/81/EC
L 362
92
30. 3.2005
Council Directive 2006/96/EC of 20 November 2006
L 363
81
31. 7.2009
Commission Regulation (EU) No 371/2010 of 16 April 2010
L 110
1
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
12
th August
, 2011.
I, LEO VARADKAR, Minister for Transport, Tourism and Sport in exercise of the power conferred on me by
section 3
of the
European Communities Act 1972
(No. 27 of 1972) as amended by the
European Communities Act 2007
(No. 18 of 2007), and for the purpose of giving effect to the Directives specified in the Schedule 1 and, as regards their required administrative procedures, to the Regulations therein specified, in so far as those Directives and Regulations apply to the type approval of motor vehicles and their trailers and two or three-wheel motor vehicles, and systems, components and separate technical units intended for such vehicles, hereby make the following regulations