No L 225/72 Official Journal of the European Communities 10. 8. 92 COUNCIL DIRECTIVE 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles 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 which are intended gradually to establish the internal market within 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 in each Member State two or three-wheel motor vehicles have to display certain technical characteristics laid down by mandatory provisions which differ from one Member State to another; whereas, as a result of their differences, such provisions constitute barriers to trade within the Community; Whereas these barriers to the establishment and operation of the internal market may be removed if the same requirements are adopted by all of the Member States in place of their national rules; Whereas the Member States have traditionally monitored compliance with technical requirements before the vehicles to which they apply are placed on the market; whereas that monitoring covers different types of such vehicles; Whereas it is necessary to draw up precisely and uniformly the definitions applying to these vehicles (mopeds, motorcycles, motor tricycles and quadricycles) and more particularly the definition of a moped since there are 15 different definitions of this type of vehicle in the 12 Member States; whereas such a large number of definitions, which in practice mean the same number of vehicle categories, raise major barriers to trade since products need to be tailored to their markets, and thus constitute a fragmentation of the moped market; Whereas, account- being taken of currently established technologies, examination of the components and characteristics of the said vehicles has resulted in the retention only of those set out in Annex I since all others are () O] No C 110, 25. 4. 1991, p. 3. () O] No C13, 20. 1. 1992, p.13; and O] No C 176, 13.7.1992. (3) O] No C 14, 20. 1. 1992, p. 31. inappropriate for regulatory purposes; whereas in view of progress and developments in technology, it will be appropriate to examine any further components and characteristics to be added, if necessary, to those already listed in Annex I Whereas in view of technological innovation and development it will be appropriate, three years at the latest after implementation of this Directive, to examine any further components and characteristics, in particular those relating to secondary safety, to be added to those already listed in Annex I; Whereas the harmonized technical requirements applying to the various components and characteristics of such vehicles will be brought together in separate directives; whereas monitoring of compliance with those requirements and recognition by each Member State of the checks carried out by other Member States require the implementation of a Community approval procedure for each type of such vehicles; Whereas this procedure is intended to enable each Member State to confirm that each type of vehicle has undergone the checks provided for in the separate directives and has been issued with a type-approval certificate; whereas it is also intended to enable manufacturers to prepare a certificate of conformity for all vehicles conforming to the type that has been approved; whereas, when a vehicle is accompanied by this certificate it may be placed on the market, sold and registered for use throughout the Community; Whereas without prejudice to Article 169 of the Treaty and as part of the cooperation between the competent authorities in the Member States, provisions should be laid down which make it easier to resolve any technical disputes arising from the conformity of products with the type that has been approved; Whereas, although it may conform to the type approved, a vehicle may nevertheless prove to incorporate features which are likely to be a risk to road safety; whereas provision should therefore be made for a suitable procedure in order to reduce that risk; Whereas technical progress requires prompt adjustment of the technical requirements specified in the separate Directive; whereas, in order to facilitate implementation of the measures required for this purpose, a procedure should be prescribed for establishing close cooperation between the Member States and the Commission within the Committee on the Adjustment to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Motor Vehicle Sector; Whereas procedures similar to those intended for such vehicles must be applied to their components and to their separate technical units;