COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251, 2 of the EC Treaty concerning the common position of the Council on the adoption of a European Parliament and Council Directive relating to heating systems for motor vehicles and their trailers, amending Council Directive 70/156/EEC and repealing Council Directive 78/548/EEC

1998/0277 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251, 2 of the EC Treaty concerning the common position of the Council on the adoption of a European Parliament and Council Directive relating to heating systems for motor vehicles and their trailers, amending Council Directive 70/156/EEC and repealing Council Directive 78/548/EEC

1. Background

-Date of transmission of the proposal to the EP and the Council, (COM(1998)526 final - 1998/0277 COD): 28.9.1998

-Date of the opinion of the European Parliament of first reading: 13.4.1999

-Date of the opinion of the Economic and Social Committee: 27.1.1999

-Date of adoption of the common position: 17.11.2000

2. Aim of the commission proposal

The objective of the proposal is to extend the scope of Council Directive 78/548/EEC to include not only M1 vehicles (passenger cars) but all vehicle categories M, N, O (vehicles for the carriage of passengers, goods, and trailers). Additionally, new provisions for combustion heaters, which work independently of the propulsion engine, are introduced. The requirements assure that these devices comply with a high safety and environmental standard, consistent with current technology. Finally, the proposal aligns the administrative provisions of this Directive to those of the framework Directive establishing the type-approval procedure for motor vehicles and trailers (Council Directive 70/156/EEC, as amended).

3. Comments on the common position

3.1. Brief general comments

From a juridical point of view, the Council's common position involves the conversion of the Commission's proposal, which was initially set up as an amendment to Council Directive 78/548/EEC, into a new Directive and repealing the existing one. This change is introduced for reasons of juridical transparency, more specifically the fact that the proposal amends or replaces almost all articles and the entire Annex of the Directive. The Council therefore found it more appropriate to replace the existing Directive all together.

Furthermore, the Council's common position involves no changes of substance to the Commission's initial proposal. However, among the amendments included in the common position are the following:

-A new Article has been added, requesting the Commission to examine the issue of safety requirements for LPG fuelled heating systems and, if appropriate, to come forward with new amendments no later than 12 months after the entry into force of this Directive. Accordingly, all requirements to allow type approval of such devices have been deleted from the text.

-The Article concerning the comitology procedure has been amended to include a reference to the new comitology procedures as defined in Council Decision 1999/468/EC, laying down the procedures for the exercise of implementing powers conferred on the Commission.

-A new Article has been added to update relevant references in the framework Directive 70/156/EEC.

-The dates laid down for the transposition and mandatory application of the requirements have been amended so as to leave an adequate time interval for the orderly completion of the administrative and technical procedures.

-In Annex V, item 2. and 3.2, the maximum temperature for uncoated metals is decreased from 80°C to 70°C.

-In Annex VII, a new item 2.8 has been added concerning the automatic switch-off of combustion heaters

3.2. European Parliament amendments on first reading

The European Parliament adopted 11 amendments.

The Commission has accepted 9 amendments, 6 of them mainly constituting clarifications to the initial text (amendment no. 1, 2, 3, 5, 6 and 8). The 3 other accepted amendments (amendment no. 4, 9 and 11) relate to specific safety issues:

-An amendment saying that not only the driver but also the passengers should not be able to come into contact with parts of the vehicle or heated air liable to cause burns.

-An amendment concerning gaseous fuel combustion heaters equipped with an automatic flame supervision device and introducing a reduced ignition and switching time for the supply of fuel in case of emergency.

-An amendment, stating that, in the case a notice at the fuelling point is not suitable, such notice should fixed at the drivers door area, warning users of combustion heaters that the heater must be shut down during refuelling.

The first 8 amendments are implemented in the Council's common position, in some cases with minor changes. The ninth amendment has been adapted, in the sense that a notice at the fuelling point is made mandatory, thereby making a notice at the drivers door area redundant.

The Commission has rejected 2 amendments:

-Requesting the Commission to draw up proposal for tests on the efficiency of combustion heaters by 1 October 2001 (amendment no. 7). The Commission has the opinion that in this issue, market forces will ensure a high level of efficiency and that there is no need for regulatory action. Also, the compliance of combustion heaters with the requirements of the Directive will ensure a high level of safety and environmental protection, consistent with current technology. If, in the future, particular problems or innovations would change this situation, the Commission will be informed by the national approval authorities in the established working groups and will act subsequently.

-Introducing alternative prescriptions for the conditions in which a combustion heater may be positioned in the passenger compartment of M2 and M3 vehicles. The proposed wording is representing an analogous or maybe even lower safety level to the provisions which are proposed in the Commission proposal. In particular, it is not sure that the proposed wording will have the same level of safety with regards to risks of fire. Furthermore, the amendment is more design restrictive without any need.

Neither of these 2 amendments were taken up in the Council's common position.

4. Conclusions

The Commission supports the Council's common position.