Council Directive 92/22/EEC of 31 March 1992 on safety glazing and glazing materials on motor vehicles and their trailers
COUNCIL DIRECTIVE 92/22/EEC
of 31 March 1992
on safety glazing and glazing materials on motor vehicles and their trailers
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission ( 1 ),
In cooperation with the European Parliament ( 2 ),
Having regard to the opinion of the Economic and Social Committee ( 3 ),
Whereas measures should be adopted with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;
Whereas the total-harmonization method will be essential in order fully to achieve the single market;
Whereas this method will have to be used at the time of the revision of the entire EEC type-approval procedure, taking account of the spirit of the Council resolution of 7 May 1985 concerning a new approach to the question of technical harmonization and standardization;
Whereas the requirements relating to safety glazing differ from one Member State to another; whereas it is consequently necessary for the same requirements to be adopted by all of the Member States, either in addition to or in place of the existing rules, in order, in particular, to permit implementation, for each type of vehicle, of the EEC type-approval procedure covered by 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 ), as last amended by Directive 87/403/EEC ( 5 );
Whereas any rules on safety glazing shall contain not only requirements relating to its structure but also to its fitting to vehicles;
Whereas by means of a harmonized procedure for the component type-approval of safety glazing, each Member State shall be able to confirm compliance with common requirements relating to manufacture and testing and to inform the other Member States of any such confirmation by forwarding a copy of the component type-approval certificate drawn up for each type of safety glazing; whereas the affixing of an EEC component type-approval mark to any type of safety glazing that conforme to the type that has been component type-approved means that the official testing of that type of glazing in other Member States is no longer justified;
Whereas the safety aspect of windscreens is especially important since, more than in the case of other types of glazing, they are likely to be subjected to violent impact either as a result of collisions or where there are external shocks and can thus be the cause of serious bodily injury; whereas, while aiming at the approximation of the laws of the Member States, the differences between which raise barriers to trade, the solution to be adopted must take account of the safety requirements of road traffic and the need to improve same,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States shall grant EC type-approval to any safety glazing and glazing materials for motor vehicles and their trailers that meet the structural and testing requirements set out in the Annexes.
2. Member States shall grant whole-vehicle type approval to any vehicle that complies with the fitting requirements laid down in Annex III.
3. The Member State which has granted EEC component type-approval shall take the necessary measures to verify, insofar as is necessary and if need be in cooperation with the competent authorities of the other Member States, that production models conform to the approved type.
Article 2
All applications for EC component type-approval shall be made by the manufacturer or his authorised representative in a Member State. The Member States shall issue to the manufacturer or to his authorised representative an EC component type-approval mark conforming to the model set out in Annex II A, for each type of safety glazing and each glazing material for motor vehicles and their trailers that they type-approve pursuant to Article 1.
Member States shall take all necessary measures to prevent the use of any marks liable to create confusion between items of safety glazing that have already been component type-approved pursuant to Article 1.
Article 3
The competent authorities in each Member State shall, within one month, send to the competent authorities of the other Member States a copy of the component type-approval certificate drawn up for each type of safety glazing and with regard to its fitting, for each type of vehicle to which they grant whole-vehicle type-approval.
Article 4
No Member State may prohibit the marketing or use of safety glazing on grounds relating to its construction where that glazing bears the EEC component type-approval mark.
The competent authorities of the Member States shall inform each other, by means of the procedure specified in Article 4(6) of Directive 70/156/EEC, of each component type-approval which they have granted, refused or withdrawn pursuant to this Directive.
Article 5
1. If the Member State which has granted EEC component type-approval finds that a number of items of safety glazing bearing the same component type-approval mark do not conform to the approved type, it shall take the necessary measures to ensure that production models do so conform. The competent authorities of that State shall advise those of the other Member States of the measures taken, which may, where necessary, extend to withdrawal of EEC component type-approval. The said authorities shall take like measures if they are informed by the competent authorities of another Member State of such failure to conform.
2. The competent authorities of the Member States shall inform each other, within one month, of any withdrawal of EEC component type-approval, and of the reasons for such a measure.
3. If the Member State which has granted EEC component type-approval disputes the failure to conform notified to it, the Member States concerned shall endeavour to settle the dispute. The Community shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.
Article 6
Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw component type-approval, or prohibit sale and use, shall state in detail the reasons on which it is based. Such decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time-limits allowed for the exercise of such remedies.
Article 7
No Member State may refuse EEC whole-vehicle type-approval or national type-approval of a type of vehicle, or refuse or prohibit the sale, entry into service or use of a vehicle, on grounds relating to its safety glazing if this bears the EEC component type-approval mark and if it has been fitted in accordance with the requirements set out in Annex III.
Article 8
For the purposes of this Directive, ‘vehicle’ means any motor vehicle intended for use on the road, with or without bodywork, 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, agricultural and forestry tractors, and mobile machinery.
Article 9
Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 10
1. Member States shall adopt and publish the provisions necessary to comply with this Directive before 1 July 1992 and 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 methods of making such a reference shall be laid down by the Member States.
They shall apply these provisions from 1 October 1992.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 11
This Directive is addressed to the Member States.
LIST OF ANNEXES
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ANNEX I: |
Administrative provisions for EC type-approval |
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Appendix 1: |
Information document relating to a type of safety glazing |
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Appendix 2: |
EC type-approval certificate relating to a type of safety glazing |
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Appendix 3: |
Information document relating to a type of vehicle |
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Appendix 4: |
EC type-approval certificate relating to a type of vehicle |
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ANNEX II: |
Scope and definitions |
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ANNEX II A: |
EC component type-approval marks |
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Appendix 1: |
Examples of component type-approval marks |
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ANNEX II B: |
General and individual specifications, tests and technical requirements |
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ANNEX III: |
Vehicles: Requirements concerning the fitting of windscreens, and of glazing other than windscreens, to vehicles |
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ANNEX I
Administrative provisions for EC type-approval
1. APPLICATION FOR EC COMPONENT TYPE-APPROVAL
1.1. All applications under Article 3(4) of Directive 70/156/EEC for glazing type-approval are to be submitted by the safety glazing manufacturer.
1.2. The model information document is reproduced in Appendix 1 to this Annex.
1.3. The technical department responsible for conducting the type-approval tests must be provided with:
1.3.1. a sufficient number of test pieces or samples of the finished glass panes of the models considered, where necessary the number being determined by agreement with the technical department responsible for conducting the tests.
2. APPLICATION FOR EC VEHICLE TYPE-APPROVAL
2.1. All applications under Article 3(4) of Directive 70/156/EEC for vehicle type-approval with regard to safety glazing are to be submitted by the vehicle manufacturer.
2.2. The model information document is reproduced in Appendix 3 to this Annex.
2.3. The technical department responsible for conducting the type-approval tests must be provided with:
2.3.1. a vehicle representative of the type, the vehicle being if necessary determined by agreement with the technical department responsible for conducting the tests.
3. GRANTING OF EC SAFETY GLAZING OR VEHICLE TYPE-APPROVAL
3.1. Once the relevant requirements have been met, EC type-approval as indicated in Article 4(3) and, where appropriate, in Article 4(4) of Directive 70/156/EEC shall be granted.
3.2. The model EC tye-approval certificate and its addenda are reproduced in:
— Appendix 2 to this Annex in respect of applications under point 1.1,
— Appendix 4 to this Annex in respect of applications under point 2.1.
3.3. A type-approval number in accordance with Annex VII to Directive 70/156/EEC is assigned to each safety glazing or vehicle type. The same Member State must not assign the same number to another glazing or vehicle type.
4. TYPE MODIFICATIONS AND AMENDMENTS TO APPROVALS
4.1. Where type modifications are made to the type approved under this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.
5. CONFORMITY OF PRODUCTION
5.1. Measures to ensure conformity of production must be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.
Appendix 1
Appendix 2
EC type-approval certificates
MODEL
(maximum format: A4 (210 × 297 mm))
Appendix 3
Appendix 4
MODEL
(maximum format: A4 (210 × 297 mm))
ANNEX II
SCOPE AND DEFINITIONS
1. Scope
This Directive applies to safety glazing and glazing materials intended to be fitted as a windscreen or other glazing or as separating panels on motor vehicles and their trailers, and to their fitting, with the exception of glazing for lighting and light-signalling devices and for the dashboard, special glazing offering protection against attack, toughened glass and windscreens intended for vehicles used in extreme environments and having a maximum speed of 40 km/h.
2. Definition
The items in question are those laid down in Article 2 of Regulation No 43 of the United Nations Economic Commission for Europe, in the most recent version adopted by the European Community.
ANNEX II A
EC COMPONENT TYPE-APPROVAL MARKS
1. All safety-glass panes, including the samples and test pieces submitted for component type-approval, shall bear the trade name or mark of the manufacturer. The marking shall be clearly legible, indelible and visible.
2. In addition to the items listed in point 3.3 of Annex I, symbols shall be affixed in conformity with those laid down in Regulation No 43 of the United Nations Economic Commission for Europe, in the most recent version adopted by the European Community.
ANNEX II B
GENERAL AND INDIVIDUAL SPECIFICATIONS, TESTS AND TECHNICAL REQUIREMENTS
With the exception of the provisions applicable to toughened windscreens (not covered by this Directive), the provisions governing the general and individual specifications, tests and technical requirements are those set out in Regulation No 43 of the United Nations Economic Commission for Europe, in the most recent version adopted by the European Community.
ANNEX III
VEHICLES — REQUIREMENTS CONCERNING THE FITTING OF WINDSCREENS AND GLAZING OTHER THAN WINDSCREENS TO VEHICLES
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1. |
Windscreens and panes of glass other than windscreens shall be fitted in such a way that, despite the stresses to which the vehicle is submitted under normal operating conditions, they remain in position and continue to afford visibility and safety to the occupants of the vehicle. |
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2. |
For all motor vehicles in categories M and N, the following checks must be made:
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3. |
For all vehicles in category 0, a check must be made that glazing bears the EEC component type-approval mark specified in item 4.4 of Annex II following where appropriate, by the additional symbol provided for in item 4.5.2 of Annex II. |
( 1 ) OJ No C 95, 12. 4. 1990, p. 1.
( 2 ) OJ No C 284, 12. 11. 1990, p. 80 and Decision of 12. 2. 1992 (not yet published in the Official Journal).
( 3 ) OJ No C 225, 10. 9. 1990, p. 9.
( 4 ) OJ No L 42, 23. 2. 1970, p. 1.