5.5.89 Official Journal of the European Communities No'L 124/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 13 April 1989 on the approximation of the laws of the Member States relating to the lateral protection (side guards) of certain motor vehicles and their trailers (89/297/EEC) 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 it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas the- technical - requirements which vehicles must satisfy pursuant to national laws relate inter alia to the side guards of motor vehicles and their trailers; 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, in particular, to allow the:EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the (1) OJ No C 265, 5. 10. 1987, p: 21. (2) O] No C 94, 11. 4. 1988, p. 23. (*) OJ No C 80, 28. 3. 1988, p. 17. 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, in order to increase road safety, it is necessary to fit side guards to all vehicles in higher weight categories in order to offer unprotected road users (pedestrians, cyclists, motorcyclists) efficient protection against the risk of falling under the sides of such vehicles; Whereas, for practical reasons, it is felt necessary to provide for different periods of application for new type-approvals and for all new vehicles; Whereas the approximation of the-national laws relating to motor vehicles includes the mutual recognition by the Member States of the checks carried out by each of them on the basis of common requirements, HAS ADOPTED THIS DIRECTIVE: Article 1. For the purposes of this Directive, ‘vehicle’ means any motor vehicle in categories N, and N and trailer in categories 0 and 0,, as defined in-Annex 1 to Directive 70/156/EEC, designed for use on the road, with or without bedywork and with a maximum design speed exceeding 25 km/h. () OJ No L 42, 23. 2. 1970, p. 1. (*) O] No L 220, 8. 8.1987, p. 44.