Commission Directive 2010/19/EU of 9 March 2010 amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council (Text with EEA relevance)

• Published date: 16 July 2011
• Subject Matter: Approximation of laws,Technical barriers,Transport
• Official Gazette Publication: Official Journal of the European Union, L 72, 20 March 2010

2010L0019 — EN — 16.07.2011 — 001.001

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B COMMISSION DIRECTIVE 2010/19/EU of 9 March 2010 amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council (Text with EEA relevance) (OJ L 072, 20.3.2010, p.17)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION DECISION of 14 July 2011	L 185	76	15.7.2011

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▼B

COMMISSION DIRECTIVE 2010/19/EU

of 9 March 2010

amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) ( 1 ), and in particular Article 39(2) thereof,

Whereas:

(1) Council Directive 91/226/EEC of 27 March 1991 on the approximation of the laws of the Member States relating to the spray-suppression systems of certain categories of motor vehicles and their trailers ( 2 ) is one of the separate directives in the context of the EC type-approval procedure established under Directive 2007/46/EC. The provisions of Directive 2007/46/EC relating to systems, components and separate technical units for vehicles therefore apply to Directive 91/226/EEC.

(2) In view of the mandatory application of the EC type-approval procedure to all vehicle categories covered by Directive 2007/46/EC, it is necessary to provide harmonised requirements with regard to spray suppression for all vehicle categories covered by Directive 91/226/EEC. Furthermore, it is necessary to clarify that those requirements are not mandatory for off-road vehicles. Finally, in view of the experience gained, it is necessary to adapt Directive 91/226/EEC and, consequently, Annex IV to Directive 2007/46/EC to technical progress.

(3) Directives 91/226/EEC and 2007/46/EC should therefore be amended accordingly.

(4) The measures provided for in this Directive are in accordance with the opinion of the Technical Committee — Motor Vehicles,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 91/226/EEC shall be amended as follows:

1. the list of Annexes and Annexes I, II and III are amended in accordance with Annex I to this Directive;

2. the unnumbered Annex entitled ‘Figures’ is replaced by the text set out in Annex II to this Directive.

▼M1 —————

▼B

Article 3

1. With effect from 9 April 2011 Member States shall not, on grounds related to spray suppression, refuse to grant an EC or national type-approval to a vehicle and a component complying with the requirements laid down in Directive 91/226/EEC as amended by this Directive.

2. With effect from 9 April 2011 Member States shall, on grounds related to spray suppression, refuse to grant an EC or national type-approval to a vehicle and a component not complying with the requirements laid down in Directive 91/226/EEC as amended by this Directive.

3. When applying for EC whole vehicle type-approval under Directive 2007/46/EC, vehicle types which were granted a national or EC type-approval covering spray-suppression, shall not have to comply with the spray-suppression requirements set out in Directive 91/226/EEC.

Article 4

1. Member States shall adopt and publish, by 8 April 2011 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from 9 April 2011.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 6

This Directive is addressed to the Member States.

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ANNEX I

1. The list of Annexes to Directive 91/226/EEC is amended as follows:

(a) the title relating to Appendix 3 of Annex II is replaced by the following:

‘Information document for EC component type-approval’;

(b) the title relating to Annex III is replaced by the following:

‘Annex III : Requirements relating to the EC type approval of a vehicle with regard to the fitting of spray suppression systems Appendix 1 : Information document for EC vehicle type-approval Appendix 2 : Model for EC vehicle type-approval certificate’;

(c) the line ‘FIGURES: (1 to 9)’ is replaced by the following:

‘Annex V : Figures 1 to 9’.

2. Annex I to Directive 91/226/EEC is amended as follows:

(a) points 9, 10 and 11 are replaced by the following:

‘9. Retractable axle

“Retractable axle” means an axle as defined in Annex I point 2.15 to Directive 97/27/EC.

10. Unladen vehicle

“Unladen vehicle” means a vehicle in running order as defined in point 2.6 of Annex I to Directive 2007/46/EC of the European Parliament and of the Council ( 3 ).

11. Tread

“Tread” is the part of the tyre as defined in point 2.8 of Annex II to Directive 92/23/EEC.

(b) the following points 13, 14 and 15 are added:

‘13. Semitrailer towing vehicle

“Semitrailer towing vehicle” means a towing vehicle as defined in point 2.1.1.2.2 of Annex I to Directive 97/27/EC.

14. Technically permissible maximum laden mass

“Technically permissible maximum laden mass” means the maximum mass of the vehicle as defined in point 2.6 of Annex I to Directive 97/27/EC.

15. Type of vehicle

“Type of vehicle” means, in relation to spray suppression complete, incomplete or completed vehicles, which do not differ with respect to the following aspects:

— type of spray suppression device (installed on the vehicle),

— manufacturer’s spray suppression system type designation.’

3. Annex II to Directive 91/226/EEC is amended as follows:

(a) points 2 to 3.4.3 are replaced by the following:

‘2. Application for EC component type-approval

2.1. The application for EC component type-approval pursuant to Article 7 of Directive 2007/46/EC of a type of spray-suppression device shall be submitted by the manufacturer.

2.2. A model for the information document is set out in Appendix 3.

2.3. The following shall be submitted to the technical service responsible for conducting the type-approval tests: Four samples: three of which for tests and a fourth to be kept by the laboratory for any subsequent verification. The test laboratory may require further samples.

2.4. MarkingsEach sample must be clearly and indelibly marked with the trade name or mark and an indication of the type and include a space that is large enough for the EC component type-approval mark.

3. Granting of EC component type-approval

3.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 10 of Directive 2007/46/EC shall be granted.

3.2. A model for the EC type-approval certificate is set out in Appendix 4.

3.3. An approval number in accordance with Annex VII to Directive 2007/46/EC shall be assigned to each type of spray-suppression device approved. The same Member State shall not assign the same number to another type of spray-suppression device.

3.4. Any spray-suppression device in conformity with a type approved pursuant to this Directive shall bear an EC component type-approval mark, so affixed as to be indelible and easily legible even when the device is fitted to the vehicle.

3.5. A symbol “A” for devices of the energy-absorption type or “S” for devices of the air/water separator type shall be added to the approval mark in accordance with point 1.3 of the Appendix of Annex VII to Directive 2007/46/EC.’;

(b) Appendices 1 to 4 are replaced by the following:

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‘Appendix 1

Tests on spray-suppression devices of the energy-absorber type

1. Principle

The aim of this test is to quantify the ability of a device to retain the water directed against it by a series of jets. The test assembly is intended to reproduce the conditions under which the device is to function when fitted to a vehicle as regards the volume and speed of the water thrown up from the ground by the tyre tread.

2. Equipment

See Figure 8 in Annex V for a description of the test assembly.

3. Test conditions

3.1. The tests must be carried out in a closed room with a still-air environment.

3.2. The ambient temperature and the temperature of the test pieces must be 21 (± 3) °C.

3.3. De-ionized water is to be used.

3.4. The test pieces must be prepared for each test by wetting.

4. Procedure

4.1. Secure a 500 (+ 0/– 5) mm wide 750 mm high sample of the equipment to be tested to the vertical plate of the testing equipment, making sure that the sample lies well...