Commission Directive 2004/104/EC
of 14 October 2004
adapting to technical progress Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles and amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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 , and in particular Article 13(2) thereof,
Having regard to Council Directive 72/245/EEC of 20 June 1972 relating to the radio interference (electromagnetic compatibility) of vehicles , and in particular Article 4 thereof,
Whereas:
(1)
Directive 72/245/EEC is one of the separate directives under the type-approval procedure established by Directive 70/156/EEC.
(2)
Since 1995, when Directive 72/245/EEC was amended, there has been a considerable increase in the number of electrical and electronic components fitted to motor vehicles. Such components now control not only comfort, information and entertainment devices but even certain safety-relevant functions.
(3)
In the light of the experience gained since the amendment to Directive 72/245/EEC, it is no longer necessary for after-market equipment unrelated to safety functions to be regulated by a Directive specifically concerning electromagnetic compatibility (EMC) in the automobile sector. For such equipment it is sufficient to obtain a Declaration of Conformity in accordance with the procedures laid down in Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility and in Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity .
(4)
The EMC requirements and test provisions for electrical and electronic equipment have constantly been updated through the standardisation work of the International Special Committee on Radio Interference (CISPR) and the International Organisation for Standardisation (ISO). It is therefore appropriate to refer in this Directive to the test procedures outlined in the recent editions of the relevant standards.
(5)
Directive 72/245/EEC should therefore be amended accordingly.
(6)
The amendments to Directive 72/245/EEC have an impact on Directive 70/156/EEC. It is therefore necessary to amend that directive accordingly.
(7)
The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,
HAS ADOPTED THIS DIRECTIVE:
OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/78/EC (OJ L 153, 30.4.2004, p. 103).
OJ L 152, 6.7.1972, p. 15. Directive as last amended by Directive 95/54/EC of the European Parliament and of the Council (OJ L 266, 8.11.1995, p. 1).
OJ L 139, 23.5.1989, p. 19. Directive as last amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).
OJ L 91, 7.4.1999, p. 10.