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Home› Transport & Mobility› Two- or Three-Wheel Vehicles Type-Approval Regulation

Chapter XII · SAFEGUARD CLAUSES › Article 50

Placing on the market and entry into service of parts or equipment that may pose a serious risk to the correct functioning of essential systems

1.   Parts or equipment that may pose a serious risk to the correct functioning of systems that are essential for the safety of the vehicle or for its environmental performance shall not be placed on the market, registered or enter into service and shall be prohibited, unless they have been authorised by an approval authority in accordance with Article 51(1) and (4).

2.   In order to ensure the uniform application of paragraph 1, the Commission may adopt implementing acts to draw up a list of such parts or equipment on the basis of available information, and in particular information communicated by the Member States, regarding:

(a)

the seriousness of the risk to the safety or environmental performance of vehicles fitted with the parts or equipment in question;

(b)

the possible effect on consumers and after-market manufacturers of the imposition under this Article of a possible authorisation requirement for parts or equipment.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73(2).

3.   Paragraph 1 shall not apply to original parts or equipment and to parts or equipment that are type-approved in accordance with any of the acts listed in Annex II, except where the approval relates to aspects other than those covered in paragraph 1.

Paragraph 1 shall not apply to parts or equipment exclusively produced for racing vehicles not intended for use on public roads. If parts or equipment included in a list established by an implementing act referred to in paragraph 2 have a dual use for racing and on the road, these parts or equipment may not be made available to the general public for use in on-road vehicles unless they comply with the requirements of this Article. Where appropriate, the Commission shall adopt provisions for identifying the parts or equipment referred to in this paragraph.

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 75 concerning the requirements which the parts and equipment referred to in paragraph 1 of this Article shall fulfil.

These requirements may be based on the acts listed in Annex II or may consist of a comparison of the parts or equipment with the environmental or safety performance of the original vehicle, or of any of its parts, as appropriate. In either case the requirements shall ensure that the parts or equipment do not impair the functioning of those systems that are essential for the safety of the vehicle or its environmental performance.

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