- WRITTEN QUESTION by Corien Wortmann-Kool (PPE‑DE)
to the Commission
Subject: Internal market problems with blind-spot mirrors
Directive 2007/38/EC(1) entered into force on 6 August 2007. Together with Directive 2003/97/EC(2) this directive requires the fitting of a blind-spot mirror to goods vehicles. There are several rear-view enhancement systems in the European Union, but there is an impression that not all of them are being applied on the European internal market in the same manner. The reason for this is the way in which Member States are implementing the above directives in their national law, giving preference to specific manufacturers.
1. Is the Commission aware that several European Union Member States (including France and Spain) do not approve view-enhancement systems on goods vehicles unless the original equipment manufacturer installs and tests the system?
2. Is the Commission aware that in addition to the solutions that original equipment manufacturers provide there are also systems that are for economic and road safety reasons better for both road hauliers and vulnerable road users?
3. How does the Commission view the fact that such systems are not permitted in some Member States, even though the systems do satisfy the European test mark required by the directive? What implications does this have for the operation of the internal market?
4. Is the Commission prepared to take steps to improve the operation of the internal market for mirrors in view-enhancement systems?
(1) OJ L 184, 14.7.2007, p. 25.
(2) OJ L 25, 29.1.2004, p. 1.
- Answer given by Mr Tajani on behalf of the Commission
1. The Commission is not aware that some Member States would refuse to grant approvals to certain devices which are not installed by an original equipment manufacturer (OEM). On the contrary, Directive 2007/38/EC(1) of Parliament and of the Council of 11 July 2007 on the retrofitting of mirrors to heavy goods vehicles provides for the possibility to check installation prescriptions of such devices at the time the vehicle has to undergo its periodical technical inspection in application of Directive 96/96/EC(2).
In respect of the heavy duty vehicles Directive 2003/97/EC(3) on type-approval includes provisions for the EC approval of OEM equipments, i.e.:
— approval of conventional rear-view mirrors;
— compliance with the provisions concerning the area of visibility on the ground of type-approved rear-view mirrors installed on vehicles.
2. It is true that technical solutions other than conventional mirrors do exist, which enable the elimination of the blind spots and which are not in the scope of Directive 2003/97/EC. This is the case, for example, for monitor-camera systems which are currently not subject to EC type-approval.
3. Rear-view mirrors which are type-approved in accordance with the provisions of Directive 2003/97/EC do not necessarily meet the provisions related to the required area of visibility. This is because the design and positioning of the mirrors might not be suitable for the actual vehicle concerned.
The Commission has discussed the issue of testing of the retrofitting of mirrors and other devices with Member State representatives and has outlined the following possible measures: establishment of mirror test areas, certificates of compliance and lists of permitted mirrors.
Rear-view mirrors which bear an approval number in application of Directive 2003/97/EC must be permitted for sale in all Member States. Any prohibition would be considered as an infringement to Community law.
4. Should the Commission be made aware of any market restriction for devices type-approved in accordance with Community law, it will immediately take the necessary steps.
(1) OJ L 184, 14.7.2007.
(2) OJ L 46, 17.2.1997.
(3) OJ L 25, 29.1.2004.
Source: European Parliament
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