4.8.2001 Official Journal of the European Communities L211/25 DIRECTIVE 2001/43/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 June 2001 amending Council Directive 92/23/EEC relating to tyres for motor vehicles and their trailers and to their fitting THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure referred to in Article 251 of the Treaty (*), in the light of the joint text approved by the Conciliation Committee on 21 March 2001, Whereas: (1) Measures should be adopted for the purpose of ensuring the smooth functioning of the internal market. (2)  Council Directive 92/23/EEC of 31 March 1992 relating to tyres for motor vehicles and their trailers, and to their fitting (*) is one of the separate directives under the Community approval procedure introduced by 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 (°); the provisions of Directive 70/156/EEC concerning systems, components and separate technical units for motor vehicles will thus apply to this Directive. (3)  For the purposes of implementing in particular Article 3(4), and Article 4(3) of Directive 70/156/EEC, each separate Directive should contain, in an Annex thereto, an information document and an approval document drawn up in accordance with Annex VI to Directive 70/156/EEC for the purpose of computerising approval; the approval document set out in Directive 92/23/EEC must therefore be amended. (4)  Article 4(2) of Council Directive 92/97/EEC of 10 November 1992 amending Directive 70/157/EEC relating to the permissible noise level and exhaust system of motor vehicles (°), states that any subsequent action intended, in particular, to reconcile the safety requirements with the need to limit the noise arising from contact between tyres and road surfaces will be () O C 30, 28.1.1998, p. 8. () O] C 235, 27.7.1998, p. 24. (’) Opinion of the European Parliament of 18 February 1998 (O] C 80, 16.3.1998, p. 90), Council Common Position of 13 April 2000 (O] C 195, 11.7.2000, p. 16) and Decision of the European Parlia- ment of 7 September 2000 (O] C 135, 7.5.2001, p. 254). Decision of the European Parliament of 31 May 2001 and Decision of the Council of 5 June 2001. (*) OJ L 129, 24.5.1992, p. 95. Directive as amended by the 1994 Act of Accession. () O] L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2000/40/EC of the European Parliament and of the Council (O] L 203, 10.8.2000, p. 9). () OJ L 371, 19.12.1992, p. 1. adopted on the basis of a proposal from the Commis- sion which will take account of the studies and research to be conducted in connection with that source of noise. (5) A realistic, reproducible method enabling the noise arising from contact between tyres and road surfaces to be measured has been developed; on the basis of that new method of measurement, a study has been carried out in order to produce a numerical value for the sound level representing the tyre-road noise generated by various types of tyres fitted to various types of motor vehicle. (6) It is to be acknowledged, when setting tyre-rolling noise requirements, that tyres are designed taking into account parameters relating to safety and environment and that a constraint on one parameter can affect the other para- meters; it should also be acknowledged, when setting tyre-rolling noise requirements, that there is an ongoing development of international standards relating to road surface undertaken by the International Organisation for Standardisation (ISO) and to endurance and safety requirements relating to tyres undertaken by the United Nations Economic Commission for Europe. (7)  Directive 92/23/EEC should be amended accordingly. (8)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (), HAVE ADOPTED THIS DIRECTIVE: Article 1 Directive 92/23/EEC shall be amended as follows: 1. ‘EEC component type-approval, ‘EEC type-approval’ and ‘EEC approval’ shall be replaced in every instance by the term ‘EC type-approval’; 2. in Article 1, the first indent, shall read as follows: ‘— “tyre” means any new pneumatic tyre including a winter tyre with holes for studs, in the form of original equip- ment or of a replacement, intended to be fitted to vehicles to which Directive 70/156/EEC applies. This definition does not cover winter tyres with studs; () O] L 184, 17.7.1999, p. 23.