L 327/8 Official Journal of the European Communities 4.12.2002 DIRECTIVE 2002/85/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 November 2002 amending Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 71 thereof, Having regard to the proposal from the Commission (!), Having regard to the opinion of the Economic and Social Committee (%), Following consultation of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (), Whereas: (1)  Transport safety and environmental issues connected with transport are vital in ensuring sustainable mobility. (2)  The use of speed limitation devices for heaviest-motor vehicle categories has had a positive effect on the improvement of road safety. It has also contributed to environmental protection. (3)  Council Directive 92/6/EEC (%) provides that, depending on technical possibilities and experiences in Member States, the requirements on installation and use of speed limitation devices could subsequently be extended to light goods vehicles. (4)  The extension of the scope of Directive 92/6/EEC to vehicles of more than 3,5 tonnes designed for trans- porting goods or passengers was one of the measures advocated by the Council in its resolution of 26 June 2000 on the improvement of road safety (°), in accor- dance with the Commission communication of 20 March 2000 on priorities in EU road safety. (5)  The scope of Directive 92/6/EEC should be extended to motor vehicles of category M2, to vehicles of category M3 having a maximum mass of more than 5 tonnes but not exceeding 10 tonnes and to vehicles of category N2. (6)  Since the objectives of the proposed action, namely the introduction of modifications to the Community-wide arrangements for the installation and use of speed limita- tion devices on certain heavy vehicle categories, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of () O] C 270 E, 25.9.2001, p. 77. () O] C 48, 21.2.2002, p. 47. (*) Opinion of the European Parliament of 7 February 2002 (not yet published in the Official Journal), Council Common Position of 25 June 2002 (O] C 228 E, 25.9.2002, p. 14) and decision of the European Parliament of 24 September 2002 (not yet published in the Official Journal). () OJ L 57, 2.3.1992, p. 27. () O] € 218, 31.7.2000, p. 1. subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives. (7)  Directive 92/6/EEC should therefore be amended accordingly, HAVE ADOPTED THIS DIRECTIVE: Atrticle 1 Directive 92/6/EEC is hereby amended as follows: 1. Articles 1 to 5 shall be replaced by the following: ‘Article 1 For the purposes of this Directive, “motor vehicle” means any power-driven vehicle falling within category M2, M3, N2 or N3, intended for use on the road and having at least four wheels and a maximum design speed exceeding 25 kmjh. Categories M2, M3, N2 and N3 shall be understood to be those defined in Annex II to Directive 70/156/EEC (¥). Atticle 2 Member States shall take the necessary measures to ensure that motor vehicles of categories M2 and M3 referred to in Article 1 may be used on the road only if equipped with a speed limitation device set in such a way that their speed cannot exceed 100 kilometres per hour. Category M3 vehicles registered before 1 January 2005 with a maximum mass exceeding 10 tonnes may continue to be equipped with devices on which the maximum speed is set at 100 kilometres per hour. Atticle 3 1. Member States shall take the necessary measures to ensure that motor vehicles of categories N2 and N3 may be used on the road only if equipped with a speed limitation device set in such a way that their speed cannot exceed 90 kilometres per hour. 2. Member States shall be authorised to require that the speed limitation device in vehicles registered in their terri- tory and used exclusively for the transport of dangerous goods is set in such a way that those vehicles cannot exceed a maximum speed of less than 90 kilometres per hour.