Community acceptance or EC acceptance
LexInter | October 25, 2003 | 0 Comments

Community acceptance or EC acceptance

Article R321-6

   Community type-approval, known as EC type-approval, is intended to verify that a type of vehicle, system or equipment meets the technical requirements required for its entry into service.
The technical rules drawn up in application of the Community directives relating to the approval of vehicles, systems or equipment are set by order of the Minister responsible for transport.

Article R321-7

   The Minister responsible for transport is the competent authority for the application of the rules provided for in matters of EC type-approval.

Article R321-8

   CE approvals are made by delegation from the Minister in charge of transport, by the regional directorates for industry, research and the environment designated by joint order of the minister in charge of transport and the minister in charge of industry.

Article R321-9

   The manufacturer sends the application for EC type-approval of a type of vehicle, system or equipment to the Minister responsible for transport.
The request is accompanied by a manufacturer’s file which contains all the details necessary to check the conformity of the type of vehicle, system or equipment with the technical requirements required for its entry into service. The application for type-approval of a vehicle type is also accompanied by all the EC type-approval forms which have been granted to systems or equipment of the type of vehicle concerned.
The Minister in charge of transport verifies, if necessary in cooperation with the competent approval authorities of other States, that the necessary measures have been taken to guarantee the conformity of the vehicles or equipment produced to the type approved.
When the Minister responsible for transport ascertains that the type of vehicle, system or equipment meets the requirements of Community legislation, he issues an EC type-approval certificate.
However, if the Minister responsible for transport considers that a type of vehicle, system or equipment, although in conformity with the requirements of Community legislation, seriously compromises road safety, he may refuse to issue the EC type-approval certificate. This decision must be justified and notified to the manufacturer concerned, to the competent approval authorities in other States and to the European Commission.
The manufacturer gives each vehicle conforming to a type which has been the subject of EC type-approval an identification number. He gives the vehicle purchaser a copy of the EC type-approval form for the vehicle type as well as a certificate of conformity certifying that the vehicle delivered is fully compliant with the type approved.
The manufacturer, holder of an EC type-approval certificate for a type of equipment, affixes to each item of equipment manufactured in accordance with the type approved its trade name or mark, the indication of the type or, if the Community directive applicable to the The equipment in question provides for it, the number or the approval mark.
The Minister in charge of transport fixes by decree the procedures for examining EC type-approval applications and the standard model to which the manufacturer’s file, the type-approval form and the certificate of conformity must comply.

Article R321-10

   When the Minister responsible for transport has granted EC type-approval to a type of vehicle, system or equipment, he may at any time have his services verify the conformity control methods applied in the production establishments of the type approved. If an audit reveals unsatisfactory results, the Minister responsible for transport ensures, if necessary in cooperation with the competent approval authorities of other States, that the necessary measures are taken to restore the conformity of the production in the shortest possible time.
If the Minister responsible for transport finds that vehicles, systems or equipment accompanied by a certificate of conformity or bearing the appropriate mark do not conform to the type to which he has granted EC type-approval, he shall take the necessary measures to ensure that the vehicles, systems or equipment return to conformance to the type approved. The measures taken, which may go as far as withdrawal of approval, are brought to the attention of the competent approval authorities of other States.
Any decision withdrawing an approval must be preceded by a request for explanations addressed to the manufacturer on the complaints with which he is accused. The decision is motivated and notified to the manufacturer with an indication of the means and time limits for appeal.
If the non-compliance of a vehicle stems exclusively from the non-compliance of a system or equipment, the Minister in charge of transport asks the competent authority of the State which granted the approval of the system or the ” equipment to take the necessary measures so that the vehicles produced again conform to the type approved.
The same applies if the non-conformity stems exclusively from the non-conformity of an incomplete version of the vehicle, to which another Member State has granted EC type-approval.

Article R321-11

   Any vehicle whose type has received EC type-approval and which has a valid certificate of conformity may be freely marketed and put into service.
An order of the Minister in charge of transport defines the types of incomplete vehicles which, although provided with a valid certificate of conformity, can only be registered after a new acceptance of the completed vehicle.
The certificate of conformity necessary for obtaining the registration of a vehicle whose type has received EC type-approval must be drawn up in French.
The Minister in charge of transport can specify by decree the additions to be made so as to reveal the data necessary for the registration of vehicles.

Article R321-12

   Any equipment or system the type of which has been the subject of EC or equivalent type-approval and bearing the appropriate mark may be marketed freely.

Article R321-13

   If it is established that vehicles, systems or equipment accompanied by a certificate of conformity or bearing the appropriate mark do not conform to the type approved, the Minister responsible for transport asks the competent authorities in matters of approval of the State having carried out EC type-approval to verify whether the vehicles, systems or equipment produced conform to the type approved.

 

Article R321-14

   If it is established that vehicles, systems or equipment of a type which have received EC type-approval seriously endanger road safety when accompanied by a valid certificate of conformity or when they bear a valid approval mark, the Minister responsible for transport may, for a period of six months at most, refuse to register these vehicles or prohibit the sale or entry into service of these vehicles, systems or equipment. It immediately informs the competent reception authorities of other States and the European Commission, giving reasons for its decision. The decision must also be notified to the manufacturer concerned and indicate the means and time limits for appeal.

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