51998AP0495

A4-0495/98

Proposal for a European Parliament and Council Directive amending Council Directive 70/221/EEC on the approximation of the laws of the Members States relating to liquid-fuel tanks and rear underrun protection of motor vehicles and their trailers (COM(98)0097 - C4-0257/98 - 98/0071(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2a (new)

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(2a) Whereas the accidental spillage of fuel (especially diesel) onto the road is an important hazard to the riders of two-wheel motor vehicles and pedal cycles;

(Amendment 2)

ARTICLE 1(5)

Article 3 (Directive 70/221/EEC)

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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.

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Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the

following procedure:

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1. Where the procedure laid down in this Article is to be followed, matters shall be referred to the committee below by the Chairman, either on his own initiative or at the request of the representative of a Member State.

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2. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.

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The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

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3. (a) The Commission shall adopt measures which shall apply immediately.

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(b) However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission may defer application of the measures which it has decided for a period of not more than one month from the date of such communication.

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(c) The Council, acting by a qualified majority, may take a different decision within the time-limit referred to in the previous subparagraph.

(Amendment 3)

ARTICLE 2 (1), (2) and (3) introduction

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1. With effect from [1 October 1998], Member States must accept compliance with the requirements of Directive 70/221/EEC, as amended by this Directive, for the purpose of Articles 4(1) and 7(1) of Directive 70/156/EEC.

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1.

With effect from 1 April 1999, Member States must accept compliance with the requirements of Directive 70/221/EEC, as amended by this Directive, for the purpose of Articles 4(1) and 7(1) of Directive 70/156/EEC.

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2. With effect from [1 October 1999], Member States:

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2.

With effect from 1 October 2000 Member States:

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- shall no longer grant EC type-approval in accordance with Article 4(1) of Directive 70/156/EEC, and

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-

shall no longer grant EC type-approval in accordance with Article 4(1) of Directive 70/156/EEC, and

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- may refuse national type-approval,

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-

may refuse national type-approval,

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for a new type of vehicle on grounds related to its liquid-fuel tanks if it fails to comply with the provisions of Directive 70/221/EEC, as amended by this Directive.

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for a new type of vehicle on grounds related to its liquid-fuel tanks if it fails to comply with the provisions of Directive 70/221/EEC, as amended by this Directive.

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3. With effect from [1 October 2000], Member States

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3.

With effect from 1 October 2001, Member States0

(Amendment 4)

ANNEX (2)

Annex I (2.3) (Directive 70/221/EEC)

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2. 3. 'Unladen mass¨ means the mass of the vehicle with bodywork, and with coupling device in the case of a towing vehicle of a category other than M1 in running order, or the mass of the chassis with cab if the manufacturer does not fit the bodywork and/or coupling device (including coolant, oils, fuel, 100% other liquids except used waters, tools, spare wheel and driver, and, for buses and coaches, the mass of the crew member (75 kg) if there is a crew seat in the vehicle).

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2. 3.

'Unladen mass¨ means the mass of the vehicle in running order as defined in item 2.6 of Annex I to Directive 70/156/EEC.

(Amendment 7)

ANNEX (2)

Annex I (5.9) 2nd subparagraph and (5.9.1) and (5.9.2) (new) (Directive 70/221/EEC)

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In the case of a vehicle that is fuelled by diesel or other fuel of low volatility, the following additional requirements must be met:

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5.9.1. The tank cap must be fixed to the filler pipe: the seal must be retained securely in place, the cap must latch securely in place against the seal and filler pipe when closed, and a warning light must signal to the driver if the cap is not latched and closed.

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If other means of preventing the escape of fuel through the tank cap are adopted, they must afford at least equivalent security against the events of a faulty closure of the tank cap, a failure to replace the cap, a displaced, damaged or missing seal, or a failure to utilise the cap because it has been misplaced, lost or stolen.

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5.9.2. The fuel must not escape through the devices provided to compensate excess pressure or any other openings into or out of the tank, with the tank filled to 100% of physical capacity, under the combinations of cornering speed, acceleration or deceleration, and attitude that may arise in the foreseeable course of operation of the vehicle.

(Amendment 8)

ANNEX (2)

Annex I (6.3.2) (Directive 70/221/EEC)

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The tank must, under the conditions prescribed in Section 6.1 be tested for leaks and for rigidity of shape. The tank and all its accessories must be mounted onto a test fixture in a manner corresponding to the mode of installation on the vehicle for which the tank is intended. Water at 326 K (53° C) must be used as the testing fluid and must fill the tank to its capacity. The tank must be subjected to a relative internal pressure equal to double the working pressure and in any case to not less than 0.3 bar at a temperature of 326 K +- 2 K (53° C +- 2° C) for a period of five hours. During the test the tank and its accessories must not leak or crack; however, it may be permanently deformed.

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The tank must, under the conditions prescribed in Section 6.1 be tested for leaks and for rigidity of shape. The tank must be mounted onto a test fixture in a manner corresponding to the mode of installation on the vehicle for which the tank is intended. Water at 326 K (53° C) must be used as the testing fluid and must fill the tank to its capacity. The tank must be subjected to a relative internal pressure equal to double the working pressure and in any case to not less than 0.3 bar at a temperature of 326 K

+- 2 K (53° C +- 2° C) for a period of five hours. During the test the tank must not leak or crack; however, it may be permanently deformed.

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Directive amending Council Directive 70/221/EEC on the approximation of the laws of the Members States relating to liquid-fuel tanks and rear underrun protection of motor vehicles and their trailers (COM(98)0097 - C4-0257/98 - 98/0071(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(98)0097 - 98/0071(COD) ((OJ C 164, 29.5.1998, p. 16.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0257/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinion of the Committee on Transport and Tourism (A4-0495/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

5. Instructs its President to forward this opinion to the Council and Commission.