# EUR-Lex - 52012PC0381 - EN

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# 52012PC0381

**Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 1999/37/EC on the registration documents for vehicles /* COM/2012/0381 final - 2012/0185 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

·
Grounds for and objectives of the proposal

The objective of the 'Roadworthiness
Package' is to support and to enforce roadworthiness testing of motor vehicles
and their trailers with a view to enhance road safety and environmental
protection.

The proposal aims at contributing to reach
the target of a reduction of road fatalities by the half until 2020 as laid
down in the Policy Orientations on Road Safety 2011-2020[1]. It will also contribute to the
reduction of emissions in road transport linked to poor maintenance of
vehicles.

In this context the proposal aims at
improving the enforcement of the roadworthiness testing and roadside inspection
regime, notably in the case where the technical condition of a vehicle creates
an imminent risk to road safety, through measures such as temporary withdrawal
or permanent cancellation of the vehicle's registration.

·
General context

Before a vehicle is allowed to be put on
the market, it has to fulfil all the relevant type or individual approval
requirements guaranteeing an optimal level of safety and environmental
standards. Every Member State has the obligation to register for the first time
any vehicle that received the European type-approval on the basis of the “Certificate
of Conformity” issued by the vehicle manufacturer. This registration is the
official authorisation for the use on public roads and enforces the different
introduction dates of different vehicles' requirements.

Following this approval, cars on the road
have to be regularly submitted to periodic roadworthiness tests. The aim of
these tests is to ensure that cars on the road remain roadworthy, safe and do
not pose any danger to the driver and other road users. Cars are therefore
checked for compliance with certain requirements, such as those for safety and
environmental protection, as well as for retrofitting requirements. Because of
their regular and intensive use mainly for commercial purposes, vehicles used
for the professional transport of goods with a laden mass above 3.5 tonnes and for
the professional transport of passengers of more than 8 passengers are
additionally subject to ad hoc technical roadside inspections by which their compliance
with environmental and technical requirements is verified at anytime and
anywhere in the EU.

During a vehicle's lifetime it may be
subject to re-registration, due to a change of ownership, or a transfer to
another Member State for permanent use. Provisions on a vehicle registration
procedure should be similarly introduced to ensure that vehicles which
constitute an immediate risk to road safety are not used on roads.

The goal of vehicle registration is to
authorise the entry into service – the use – of a vehicle in road traffic. This
authorisation is rendered visible by the attachment of the registration number
plate to the vehicle and the issuing of a registration certificate.

·
Existing provisions in the area of the proposal

The proposal will amend the existing
requirements laid down in the existing legislative framework related to the registration
documents for vehicles[2].

Compared to the existing act, the proposal provides
for more precise definitions on the place of registration of vehicles,
withdrawal and cancellation of registrations. The proposal also lays down new
requirements on electronic vehicle registration registers and the follow up of
notifications related to roadworthiness test results, re-registration and
destruction of vehicles.

·
Consistency with the other policies and
objectives of the Union

The proposal is consistent with the EU
objective to make roads safer as outlined in the White Paper on Transport[3] and aims at implementing the
specific strategy related to safer vehicles within the Road Safety Orientations
2011-2020.

Finally, the proposal is consistent with
the recommendations related to the re-launch of the Single Market policy as
provided by the Monti Report of May 2010[4]
in the field of reduction of administrative obstacles for cross-border movement
of second hand cars.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

·
Consultation of interested parties

Consultation methods

In developing the proposal of the
roadworthiness package the Commission has consulted stakeholders in a number of
ways:

–
There was a general internet consultation,
covering all aspects of the proposal

–
Experts and stakeholders have been consulted
within workshops

–
A study on future options for roadworthiness
enforcement in the European Union has been carried out to identify possible
measures and to elaborate a cost benefit analysis tool related to the effects
of roadworthiness testing

Summary of responses and how they have been
taken into account

During the internet consultation, several
issues were raised by stakeholders. The impact assessment that accompanies this
proposal provides a full account of the substantive issues raised and discusses
how they have been taken into consideration.

An open consultation was conducted over the
internet from 29/7/2010 to 24/9/2010.The Commission received 9,653 responses
from citizens, Member State authorities, equipment suppliers, test centres,
garage associations and vehicle manufacturers.

The results are available on http://ec.europa.eu/transport/road_safety/take-part/public-consultations/pti_en.htm.

·
Collection and use of expertise

Scientific/expertise domains concerned

The proposal required the assessment of
different policy options as well as the associated economic, societal and
environmental impacts.

Methodology used

A study on the impacts of the different
policy options has been performed by an external consultant (Europe Economics)
using several scientific and evaluation reports, notably as sources of models and
data for the monetization of the costs and benefits of the different policy
options. Most extensively used studies include the following:

–
The Report from the Commission to the Council
and the European Parliament on the application by the Member States of
Directive 2000/30/EC of the European Parliament and of the Council of
6 June 2000 on the technical roadside inspections of the
roadworthiness of commercial vehicles circulating in the community - Reporting
periods 2005–2006 and 2007–2008 (COM(2010) 754 final,

–
AUTOFORE (2007)

–
"MOT Scheme Evidence-base" Department
of Transport (UK, 2008),

–
DEKRA Road Safety Report 2008 – Strategies for
preventing accidents on Europe's roads,

–
DEKRA Road Safety Report on Trucks 2009,

–
DEKRA Motorcycle road safety report 2010,

–
TÜV Reports 2009 / 2010.

Means used to make the expert advice
publicly available

All completed and approved research reports
are or will be available on the DG Mobility and Transport website

·
Impact assessment

For the main aspects of the proposal the
following options were considered:

(a)
The 'No policy change' approach provides the reference case against which the effects of other
policy options are compared. Within this option, the present EU legal framework
for would be maintained. Also, there would be no short-term adaptation of the
technical annex of Directive 2009/40/EC, since the annex has been recently
amended through comitology (with Directive 2010/48/EU). The scope and frequency
of roadworthiness tests will therefore not change, and no further measures
related to the exchange of information will be adopted. The absence of a
framework for exchanging data will persist.

(b)
The "Soft law approach" would consist
in a better implementation and better monitoring of the application of existing
legislation. This option would not introduce new legislation, but there would
be new and increased efforts by the Commission to improve the standards of
testing and enforcement, as well as actions to incentivise the exchange of
data.

(c)
The "Legislative approach" would be
based on two components.

–
In order to meet the specific objective to
enhance the safety of vehicles on the road, the first component is to revise
upwards the minimum EU standards for periodic roadworthiness tests (PTI) and
unexpected roadside inspections (RSI) and define mandatory standards. This is
essential to avoid that gaps in the system reduce the effectiveness of
roadworthiness enforcement as a whole.

–
In order to meet the specific objective of
making the necessary data for and from roadworthiness testing available, a
second component of the overall regime would include, in a second phase, the
possible establishment of an EU harmonised data exchange system linking the
existing databases with a view to improve the efficiency of the implementation
of the EU roadworthiness package.

3.           LEGAL ELEMENTS OF THE PROPOSAL

·
Summary of the proposed action

The proposal defines the withdrawal and
cancellation of registrations.

This measure ensures that vehicles which
constitute an immediate risk to road safety due to dangerous defects are not
allowed on the road by withdrawing their registration until another
roadworthiness test has been passed successfully. To reduce administrative
burden, it should not be necessary to go through the process of registration
when the withdrawal is lifted again.

Furthermore the proposal introduces a
degree of automatism whereby the original registration of vehicles which have
been re-registered in another Member State are automatically cancelled. This
avoids the existence parallel registrations per vehicle in different Member
States. The obligation to perform periodical roadworthiness tests is linked to
the Member State of registration. Therefore the existence of parallel
registrations per vehicle in different Member States would result in an
obligation to undergo roadworthiness tests in these different Member States.

Registrations of vehicles that following a
periodic roadworthiness test would need to be scrapped and those notified as
'end of life vehicle' shall be cancelled following its notification.

The proposal also introduces the
establishment of electronic registration registers containing all information
related to the vehicle registration. This information will be made accessible
for the purpose of roadworthiness testing as only a part of this information is
printed on the registration certificates. The register provides for the
follow-up to be taken after notification of roadworthiness test results,
re-registration and destruction of a vehicle.

The Commission shall be empowered to update
the annexes taking into account the evolution of the EU type-approval
legislation in relation with the content of certificates of conformity as well
as technical progress via delegated acts.

·
Legal basis

The legal basis of the proposal is Article
91 of the Treaty on the Functioning of the European Union.

·
Subsidiarity principle

The subsidiarity principle applies insofar
as the proposal does not fall under the exclusive competence of the Union.

The objectives of the proposal cannot be
sufficiently achieved by the Member States for the following reason: existing
requirements are implemented in different way by Member States with a high
discrepancy in enforcement of the roadworthiness testing and roadside
inspection regime with negative impacts both on road safety but also on the
internal market. A future seamless flow of information between Member States on
vehicle registration requires the existence of registration registers with a
harmonised content in all Member States.

The proposal therefore complies with the
subsidiarity principle.

·
Proportionality principle

The proposal complies with the
proportionality principle for the following reasons.

As showed in the impact assessment, the
proposal complies with the proportionality principle because it does not go beyond
what is necessary in order to achieve the objectives related to the increase of
road safety and environmental protection by enforcing a roadworthiness regime
and creation of the appropriate framework for seamless flow of information.

·
Choice of instrument

Proposed instruments: Amendment of existing
Directive.

The use of an amendment to the existing
Directive is considered to be appropriate.

4.           BUDGETARY IMPLICATION

The proposal has no implication on the
Union budget.

2012/0185 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Council Directive 1999/37/EC on
the registration documents for vehicles

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 91 thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[5],

Having regard to the opinion of the
Committee of the Regions[6],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       Roadworthiness testing is
a part of a wider regime ensuring that vehicles are kept in a safe and environmentally
acceptable condition during their use. This regime should cover periodic
roadworthiness tests for all vehicles and roadside technical inspection for
vehicles used for commercial road transport activities as well as provisions on
a vehicle registration procedure to ensure that vehicles which constitute an
immediate risk to road safety are not used on roads.

(2)       Registration of a vehicle
provides for its use on public roads. Directive 1999/37/EC of 29 April 1999 on
the registration documents for vehicles[7]
only applies to the granting of a registration for vehicles. Nevertheless, especially
in cases where the use of the vehicle on public roads would create a risk, due
to the technical situation of the vehicle, it should be possible to withdraw
the registration for a certain period of time. To reduce the administrative
burden resulting from a withdrawal of the registration, it should not be
necessary to go through the process of registration when the withdrawal is
lifted again.

(3)       The possibility of cancelling
a registration of a vehicle in cases where inter alia a vehicle has been
re-registered in another Member State or dismantled and scrapped should be
introduced.

(4)       To reduce administrative
burdens and ease the exchange of information between Member States, vehicle
related information should be kept in national registers.

(5)       In cases where dangerous
deficiencies have been found during a roadworthiness test, the registration
should be withdrawn by the competent authorities until the vehicle has passed a
new roadworthiness test.

(6)       In order to supplement
this Directive with further technical details, the power to adopt acts in
accordance with Article 290 of the Treaty on the Functioning of the European
Union should be delegated to the Commission with a view to update the annexes,
taking into account the evolution of the EU type-approval legislation in
relation to the content of certificates of conformity as well as technical
progress. It is of particular importance that the Commission carry out appropriate
consultations during its preparatory work, including at expert level. The
Commission, when preparing and drawing up delegated acts, should ensure
simultaneous, timely and appropriate transmission of relevant documents to the
European Parliament and to the Council.

(7)       In accordance with the
Joint Political Declaration of Member States and the Commission on explanatory
documents of 28 September 2011, Member States have undertaken to accompany, in
justified cases, the notification of their transposition measures with one of
more documents explaining the relationship between the components of a
directive and the corresponding parts of national transposition instruments.
With regard to this Directive, the legislator considers the transmission of
such documents to be justified.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 1999/37/EC is amended as follows:

1. The provisions of paragraph 1 of
Article 1 are replaced by the following :

"This Directive shall apply to the
registration documents for vehicles used by the Member States".

2. The following points are added to
Article 2:

"(e) 'withdrawal of a registration':
shall mean a limited period of time in which the vehicle is not authorised to
be used in road traffic, not involving a new process of registration;

(f)      'cancellation of a registration':
shall mean a permanent cancellation of the authorisation for the vehicle to be
used in road traffic, involving a new process of registration."

3.         The following paragraph is added
to Article 3:

"4.     Member States shall keep the data
on all vehicles registered on their territory in an electronic register. The
data in this register shall contain all elements in accordance with Annex I as
well as the results of mandatory roadworthiness tests in accordance with
Regulation XX/XX/XX [on periodic roadworthiness tests]. They shall make the
technical data on vehicles available to the competent authorities or testing
centres involved in roadworthiness testing."

3.           The following Article is
inserted:

"Article 3a

1.      In case that a Member States
registration authority receives a notification of a roadworthiness test showing
that the vehicle has been assessed with dangerous deficiencies in accordance
with Article 7 of Regulation XX/XX/XX [on periodic roadworthiness tests], the
registration shall be withdrawn and an additional roadworthiness test shall be carried
out.

The withdrawal shall be effective until the
vehicle has passed a new roadworthiness test. On successful completion of the
roadworthiness test, the registration authority shall without delay re-authorise
the use of the vehicle in road traffic.

2.      In case that a Member State
registration authority receives a notification that a vehicle has been treated
as an end-of-life vehicle in accordance with Directive 2000/53/EC[8] the registration shall be
cancelled and this information shall be added to its electronic register."

4.           The following paragraph is
added to Article 5:

"3.     In case that a Member States
receives a notification that a vehicle has been re-registered in an other Member
State, it shall cancel the registration of this vehicle on its territory."

5.           Article 6 and 7 are
replaced by the following :

"Article 6
Delegated acts

The Commission shall be empowered to adopt
delegated acts in accordance with Article 7 with a view to adapt the Annexes in
the light of technical progress.

Article 7
Exercise of delegation

1.           The power to adopt
delegated acts is conferred on the Commission subject to the conditions laid
down in this Article.

2.           The delegation of power
referred to in Article 6 shall be conferred for an indeterminate period of time
from the date of entry into force of this Regulation.

3.           The delegation of powers
referred to in Article 6 may be revoked at any time by the European Parliament
or by the Council. A revocation decision shall put an end to the delegation of
the power specified in that decision. It shall take effect the day following
the publication of the decision in the Official Journal of the European Union
or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.

4.           As soon as it adopts a
delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.

5.           A delegated act adopted
pursuant to Article 6 shall enter into force only if no objection has been
expressed by either the European Parliament or the Council within a period of 2
months of notification of that act to the European Parliament and the Council
or if, before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the European
Parliament or the Council."

Article 2
Transposition

1.           Member States shall adopt
and publish, by [XXXX] at the latest, the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall without delay communicate
to the Commission the text of those provisions.

They shall apply those provisions [36 months
after the entry into force of this Directive].

When Member States adopt those provisions, they
shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall
determine how such reference is to be made.

2.           Member States shall
communicate to the Commission the text of the main provisions of national law
which they adopt in the field covered by this Directive.

Article 3
Entry into force

This Directive shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

Article4
Addressees

This
Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

[1]               COM(2010)389 final.

[2]               Council Directive 1999/37/EC
of 29 April 1999 on the registration documents for vehicles, as amended.

[3]               COM(2011)144 final.

[4]               http://ec.europa.eu/internal_market/strategy/docs/monti_report_final_10_05_2010_en.pdf.

[5]               OJ C, p.

[6]               OJ C, p.

[7]               OJ L 138 of 1.6.1999, p.57.

[8]               OJ L 269 of 21.10.2000, p. 34.