RESTRICTEDWORLD TRADE
ORGANIZATIONG/TBT/W/107
8 March 1999
(99-0916)
Committee on Technical Barriers to Trade Original:  English
RESPONSE FROM THE EUROPEAN COMMISSION TO COMMENTS BY INDONESIA
ON PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
AMENDING COUNCIL DIRECTIVE 92/23/EEC RELATING TO TYRES FOR
MOTOR VEHICLES AND THEIR TRAILERS AND TO THEIR FITTING
(Notification G/TBT/Notif.98.343)
Communication from the European Commission
The following communication, dated 19 February 1999, has been received from the European
Commission with the request that it be circulated to Members of the Committee.
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1. The requirements relating to the test site, the test track and the surface of the test track
specified in item 2.1 of Appendix 1 to the above-mentioned proposal are in line with the requirements
for sound emission testing according to Directive 70/157/EEC, as amended, as well as according to
UN/ECE Regulation No. 51.
2. For the purpose of EC type-approval, sound emission testing as well as tyre rolling noise
testing are of the competence of the technical services designated by the EC Member States and are
performed on test sites made available by the Member States.
3. The application for EC type-approval of a tyre is to be submitted by the tyre manufacturer.
This is in line with the requirements of Article 3 of the framework directive 70/156/EEC, as amended
by Directive 92/53/EEC, which lays down that "Applications for vehicle type-approval shall be
submitted by the manufacturer to the approval authority of a Member State".
4. The framework Directive 70/156/EEC, as amended, lays down a clear definition of
'manufacturer':  "the person or body who is responsible to the approval authority for all aspects of the
type-approval process and for ensuring conformity of production.  It is not essential that the person or
body is directly involved in all stages of the construction of the vehicle, system, component or
separate technical unit which is the subject of the approval process".
CONCLUSION
5. Having regard to the above considerations, there seems to be no reason for assuming that the
proposal contained in document COM(97) 680 fina l 97/0348 (COD) would create technical barriers to
trade.
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