DIRECTIVE 94/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 1994 relating to the mechanical coupling devices of motor vehicles and their trailers and their attachment to those vehicles

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission, (1) Having regard of the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),

Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas it is important to adopt measures to that end;

Whereas the technical requirements which motor vehicles and their trailers must satisfy pursuant to national laws relate, inter alia, to the mechanical couplings of such vehicles;

Whereas these requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to, or in place of, their existing rules in order to allow, in particular, the EEC type-approval procedure which was the subject of Council Directive 70/156/EC of 6 February 1970 on the approximation of the laws of Member States relating to the type-approval of motor vehicles and their trailers (4), to be implemented;

Whereas this Directive will be one of the separate directives of the EEC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units shall apply to this Directive;

Whereas, with the view of improving road safety and facilitating the interchangeability of motor vehicles and trailers in international traffic, it is considered important that all kinds of vehicles forming a road train or being an articulated vehicle shall be equipped with standardized and harmonized mechanical coupling systems;

Whereas it is desirable to follow the technical requirements of the ECE (Economic Commission for Europe of the United Nations) Regulation No 55 relating to the uniform provisions concerning mechanical coupling components of combinations of vehicles; whereas Regulation No 55 is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts;

Whereas mainly international standards (ISO) have been taken into consideration for uniform dimensions of mechanical coupling systems to ensure interchangeability of the individual vehicles forming road trains or articulated vehicles and to guarantee free movement of goods the Member States,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

For the purpose of this Directive:

- 'vehicle` means any motor vehicle as defined in Article 2 of Directive 70/156/EEC, intended for use on the road, being complete or incomplete, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery,

- 'mechanical coupling type` means a mechanical coupling device for which type-approval of a component within the meaning of Article 2 of Directive 70/156/EEC may be granted.

Article 2

Member States may not refuse:

- EEC type-approval or national type-approval for a vehicle, or refuse or prohibit the sale, registration, entry into service or use of a vehicle on grounds relating to its optional equipment with mechanical coupling devices,

- EEC component type-approval or national component type-approval for a mechanical coupling, or prohibit the sale or use of a mechanical coupling device,

if the requirements of the Annexes are satisfied.

Article 3

Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of the date of its adoption. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The method of making such a reference shall be laid down by the Member States.

They shall apply these provisions 18 months following the date of adoption of this Directive.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 30 May 1994.

For the European Parliament The President E. KLEPSCH For the Council The President Th. PANGALOS

(1) OJ No C 134, 25. 5. 1992, p. 36.

(2) OJ No C 313, 30. 11. 1992, p. 10.

(3) Opinion of the European Parliament of 29 October 1992 (OJ No C 305, 23. 11. 1992, p. 115). Council common position of 27 September 1993 (not yet published in the Official Journal). Decision of the European Parliament of 9 March 1994 (not yet published in the Official Journal).

(4) OJ No L 42, 23. 2. 1970, p. 1. Direcitve as last amended by Directive 92/53/EEC (OJ No L 225, 10. 8. 1992, p. 1).