Directive 2001/85/EC of the European Parliament and of the Council (repealed)Show full title

Directive 2001/85/EC of the European Parliament and of the Council

of 20 November 2001

relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat, and amending Directives 70/156/EEC and 97/27/EC (repealed)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission(1) ,

Having regard to the opinion of the Economic and Social Committee(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), in the light of the joint text approved by the Conciliation Committee on 25 June 2001,

Whereas:

(1) The internal market comprises an area without internal frontiers, in which the free movement of goods, persons, services and capital is ensured. It is important to adopt measures to that end.

(2) The technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat.

(3) Those requirements differ from one Member State to another.

(4) Owing to differences in technical prescriptions, these vehicles have been prevented from being put on to the Community market. The adoption of harmonised requirements by all of the Member States in place of their national regulations should facilitate the proper functioning of the internal market for these vehicles.

(5) 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, in particular, to allow the EC type-approval procedure which is the subject of 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 their trailers(4) to be applied in respect of each type of vehicle.

(6) This Directive is one of the separate Directives of the EC type-approval procedure, which was established by Directive 70/156/EEC.

(7) To acknowledge advances already made in order to improve accessibility for persons of reduced mobility to vehicles of Classes I and II, existing types of vehicle should be permitted to have a steeper slope in parts of the gangway than new types of vehicle.

(8) Since the objectives of the proposed action, namely the avoidance of barriers to trade within the Community through the application of EC vehicle type-approval for such vehicles, cannot be sufficiently achieved by the Member States on account of the scale and impact of the action proposed in the sector in question, and can therefore be better attained at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(9) In order to distinguish between existing and new types of vehicle, it is necessary to refer to Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers(5).

(10) It is desirable to take account of the existing technical requirements adopted by the UN Economic Commission for Europe (UN/ECE) in its Regulation No 36 (‘Uniform Provisions concerning the Approval of Large Passenger Vehicles with regard to their General Construction’), its Regulation No 52 (‘Uniform Provisions concerning the Construction of Small-Capacity Public Service Vehicles’), its Regulation No 66 (‘Uniform Provisions Concerning the Approval of Large Passenger Vehicles with regard to the Strength of their Superstructure’) and its Regulation No 107 (‘Uniform Provisions concerning the Approval of Double-Deck Large Passenger Vehicles with regard to their General Construction’), which are annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions for approval and reciprocal recognition of approval for motor vehicle equipment and parts.

(11) While the principal aim of this Directive is to guarantee the safety of passengers, it is also necessary to provide technical prescriptions to allow accessibility for persons of reduced mobility to the vehicles covered by the Directive, in accordance with the Community transport and social policies. Every effort must be made to improve access to these vehicles. To this end, accessibility for persons of reduced mobility can be achieved either by technical solutions applied to the vehicle, as covered by this Directive, or by combining them with appropriate local infrastructure to guarantee access for wheelchair users.

(12) As a result of the foregoing, it is necessary to amend Directive 70/156/EEC and Directive 97/27/EC of the European Parliament and of the Council of 22 July 1997 relating to the masses and dimensions of certain categories of motor vehicles and their trailers(6).

(13) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7),

HAVE ADOPTED THIS DIRECTIVE:

(1)

OJ C 17, 20.1.1998, p. 1.

(2)

OJ C 129, 27.4.1998, p. 5.

(3)

Opinion of the European Parliament of 18 November 1998 (OJ C 379, 7.12.1998, p. 80) confirmed on 27 October 1999 (OJ C 154, 5.6.2000, p. 47), Council Common Position of 26 September 2000 (OJ C 370, 22.12.2000, p. 1) and Decision of the European Parliament of 14 February 2001 (OJ C 276, 1.10.2001, p. 124). Decision of the European Parliament of 3 October 2001 and Council Decision of 8 October 2001.

(4)

OJ L 42, 23.2.1970, p. 1. Directive as last amended by European Parliament and Council Directive 98/91/EC (OJ L 11, 16.1.1999, p. 25).

(5)

OJ L 262, 27.9.1976, p. 1. Directive as last amended by Commission Directive 97/28/EC (OJ L 171, 30.6.1997, p. 1).

(6)

OJ L 233, 25.8.1997, p. 1.

(7)

OJ L 184, 17.7.1999, p. 23.