23.4.91 Official Journal of the European Communities No L 103/5 COUNCIL DIRECTIVE 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 (91/226/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 pfoposal 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 certain categories of motor vehicles and their trailers must satisfy pursuant to national laws relate, inter alia, to the spray-suppression systems of such motor vehicles; Whereas these requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements in order, in particular, to allow the implementation for each type of vehicle of 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 (%); Whereas, with a view to improving road safety, it is important that all commercial vehicles in higher weight categories and with a certain minimum design speed should be equipped with efficient spray-suppression systems in order to retain water; . Whereas it is desirable to establish a single performance test for systems of this type on fitting to the various types of vehicles as a means of markedly improving the situation; (1) OJ No C 203, 14. 8. 1990, p. 16. (2) OJNoC 96,17.4.1990, p. 92 and Decision of 13 March 1991 (not yet published in the Official Journal). (3) O] No C62,12. 3. 1990, p. 2. (%) OJ No L 42, 23.2..1970, p. 1. (5) OJ No L 220, 8. 8. 1987, p. 44. whereas for the EEC component type-approval of devices of this type account has been taken of the two types of devices currently on the marked, i.e. the energy-absorption type and the air/ water separator type; whereas it has been necessary to provide for two different tests depending on the type. of device to be approved; Whereas, in the light of the studies, research and tests currently in progress, a performance test on the types of vehicles fitted with these devices will be established as soon as possible; Whereas Member States should pay attention to the fact that the formation of spray depends also on the characteristics of the road surface, the tyre-tread configuration and the speed and aerodynamic characteristics of the vehicle; Whereas the approximation of national laws relating to motor vehicles entails the mutual recognition by Member States of the inspections carried out by each of them on the basis of common requirements, - HAS ADOPTED THIS DIRECTIVE: Article 1 1.  Member States shall grant EEC component type-approval for any type of device, hereinafter referred to as ‘spray-suppression device’, intended to reduce the projection of spray from ‘tyres of moving vehicles, if it satisfies the requirements regarding design and testing set out in Annex II and taking into account the definitions given in Annex L. 2. A Member State which has granted EEC component type-approval shall take the measures required to verify, in so far as is necessary and, if need be, in cooperation with the competent authorities of the other Member States, that production models conform to the approved type. For this purpose the Member State shall apply the requirements of - Annex IV. Article 2 Member States shall, for each spray-suppression device which they approve pursuant to Article 1, issue to the