14.5.92 Official Journal of the European Communities No L 129/95 COUNCIL DIRECTIVE 92/23/EEC of 31 March 1992 relating to tyres for motor vehicles and their trailers and to their fitting 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 (%), : Whereas measures should be adopted in order gradually to ~establish the internal market during a period expiring on 31 December 1992; whereas the internal market comprises an entity without internal frontiers within which the free movement of goods, persons, services and capital shall be guaranteed; 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 technical requirements which motor vehicles and their trailers must satisfy pursuant to national laws relate, inter alia, to pneumatic tyres; Whereas these requirements differ from one Member State to another; whereas 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 to permit, in particular, the EEC type-approval procedure which was 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), as last amended by Directive 87/403/EEC (%), to be introduced in respect of each type of vehicle; Whereas rules on tyres should lay down common requirements concerning not only their characteristics, but also the requirements for the equipment of vehicles and their trailers with regard to their tyres; (*) OJ No C 95, 12. 4. 1990, p. 101. (2) O] No C 284, 12. 11. 1990, p. 81 and Decision of 12. 2. 1992 (not yet published in the Official Journal). (3) OJ No C 225, 10. 9. 1990, p. 9. (*) O] No L 42, 23. 2. 1970, p. 1. () OJ No L 220, 8. 8. 1987, p. 44. Whereas, consequently, a common procedure for granting an EEC mark to any tyre type complying with the common characteristics and test requirements should be established; whereas, at the Community level, to ensure the free movement of tyres, the conformity of the tyres with the common requirements is assured by the affixing on each tyre of an EEC mark which has been granted to the manufacturer in accordance with the abovementioned procedure; whereas any Member States may, in order to check the conformity of the tyres with the common requirements, carry out controls at any moment; whereas, in the case of a statement of non-conformity, the Member States need to take the necessary steps to ensure the conformity of the tyres with the requirements; whereas these measures may result in the withdrawal of the abovementioned EEC mark; Whereas it is desirable to take into account the technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 30 (‘Uniform provisions concerning the approval of pneumatic tyres for motor vehicles and their trailers’), as amended (¢), and in its Regulation No 54 (‘Uniform provisions concerning the approval of pneumatic tyres for commercial vehicles and their trailers’) () and in its Regulation No 64 (‘Uniform provisions concerning the approval of vehicles equipped with temporary-use spare wheels/tyres’) (8), 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; Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements, HAS ADOPTED THIS DIRECTIVE: Article 1 For the purposes of this Directive: — ‘tyre’ means any new pneumatic tyre designed for the equipment of vehicles ot which Council Directive 70/156/EEC applies; (¢) Economic Commission for Europe document E/ECE/324 =~ (E3/ECE/TRANS/505)REV 1 — ADD 29,1.4.1975 and its amendments 01, 02 and supplements. (?) Economic Commission for Europe document E/ECE /324 (E/ECE/TRANS/505) REV 1 — ADD 353 and supplements. (2) Economic Commission for Europe document E/ECE/324 (E/ECE/TRANS/505) REV 1 — ADD 63 and supplements.