No 1. 188/38 Official Journal of the European Communities 29.7.93 COUNCIL DIRECTIVE 93/34/EEC of 14 June 1993 on statutory markings for two- or three-wheel motor vehicles THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard of the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles (1), Having regard to the proposal from the Commission (2), In cooperation with the Euroepan Parliament (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas measures necessary to that end should be adopted; Whereas, with regard to their statutory markings, in each Member State two- or three-wheel motor vehicles must 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 a barrier to trade within the Community; Whereas those obstacles to the establishment and operation of the internal market may be removed if the same requirements are adopted by all Member States in place of their national rules; Whereas it is necessary to draw up harmonized requirements concerning statutory markings for two- or three-wheel motor vehicles in order to enable the type-approval and component type-approval procedures laid down in Directive 92/61/EEC to be applied for each type of such vehicle; Whereas, given the scale and impact of the action proposed in the sector in question, the Community measures covered by this Directive are necessary, indeed essential, to achieve the aim in view, which is to establish Community vehicle type-approval; whereas that aim cannot be adequately achieved by the Member States individually; (') O No L 225, 10. 8. 1992, p. 72. (*) O] No C 293, 9.11.1992, p. 43. () O] No C 337, 21.12.1992, p. 103 and 0] No C 176, 28. 6. 1993. () O] No C 73, 15. 3.1993, p. 22. Whereas, with regard to the statutory markings applicable to two- or three-wheel motor vehicles, this Directive does not prevent certain Member States from retaining, on a non-discriminatory basis, specific mandatory provisions for the purposes of applying traffic regulations, provided that such specific requirements concern the use of these vehicles and do not involve any modifications in their construction likely to create an obstacle to Community type-approval of this type of vehicle, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive applies to the statutory markings for all types of vehicles as defined in Article 1 of Directive 92/61/EEC. Article 2 The procedure for the granting of component type-approval in respect of the statutory markings for a type of two- or three-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Chapters II and IIl of Directive 92/61/EEC. Article 3 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 (°). Article 4 1. Member States shall adopt and publish the provisions necessary to comply with this Directive not later than 14 December 1994. They shall forthwith inform the Commission thereof. When the Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. From the date mentioned in the first subparagraph Member States may not, for reasons connected with (*) OJ No L 42, 23. 2. 1970, p. 1; Directive as last amended by Directive 92/53/EEC (O] No L 225, 10. 8. 1992, p. 1).