Opinion of the Economic and Social Committee on the "Proposal for a European Parliament and Council Directive amending Council Directive 92/61/EEC relating to the type-approval of two or three-wheel motor vehicles"

(1999/C 368/01)

On 8 October 1999, the Council decided to consult the Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

Section for the Single Market, Production and Consumption, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 7 October 1999. The rapporteur was Mr Barros Vale.

At its 367th plenary session (meeting of 21 October 1999), the Economic and Social Committee adopted the following opinion by 93 votes to three with seven abstentions.

1. Introduction

1.1. The main aim of the proposal is to update and clarify Directive 92/61/EEC.

1.2. The proposal is justified by the nature of the amendments, which involve more than the simple adaptation of Directive 92/61/EEC to technical progress.

2. General comments

2.1. The proposal stems from the need to clarify some existing requirements, such as the length of validity of national approvals, and to add new requirements, such as the numbering of type-approval certificates and exemptions for end-of-series vehicles and "new technologies". This is in keeping with what has already been done for the rest of the motor vehicles sector.

2.2. A series of amendments to the existing directive and to the documentation for the whole type-approval procedure are therefore proposed.

2.3. The Committee considers that although it is necessary to move towards type-approval systems which make it possible to apply uniform criteria, not all Member States are equipped with the technical and administrative infrastructure needed to implement type-approval procedures that are as detailed and wide-ranging as the ones in the proposal. This means that many producers are obliged to turn to type-approval bodies in third countries, an exercise which is more time-consuming and more costly and involves more work and which also amounts to a distortion of competition. The Commission must therefore urge all Member States to create their own type-approval machinery.

3. Specific comments

3.1. The Committee welcomes the proposal to improve the framework directive governing the type-approval of two or three-wheel motor vehicles. The aim is greater harmonisation of the whole system, which is to be achieved by aligning the requirements that have to be met.

3.2. The Committee also welcomes the Commission's decision to consult various relevant bodies and representatives of the sector when drawing up its proposal.

3.3. Bearing in mind the environmental and other advantages associated with a new category of pedal-operated vehicles equipped with auxiliary electric motors, the Committee thinks that the last indent of Article 1(1)(a) of the proposal should be replaced by the following:

- cycles with pedal assistance which are equipped with an auxiliary electric motor, the output of which is progressively reduced as the vehicle speed increases, being cut off altogether at a speed of 35 km/h, and which cannot be propelled solely by means of such motor.

3.4. Bearing in mind the specific nature and limitations of the sector referred to below, the Committee proposes that the number of vehicles constituting a small series be increased from 200 to 300 so that the sector can develop and adapt to the constant changes on the market. This increase will enable producers to be more active on the market thanks to the greater and more reliable feedback they receive, and will also make the sector more dynamic.

3.5. The Committee thinks that point (a) in Annex VIII regarding end-of-series vehicles should be reworded so that it is clearer and not open to differing interpretations.

3.6. Given the specific nature of the sector and the differences, for example, between this sector and the automobile sector (in terms of resources and size), the Committee thinks that notwithstanding the need for harmonisation and clarification, the directive does not perhaps need to lay down such detailed and stringent requirements and be so inflexible with regard to the substitution of some components.

3.6.1. The Committee therefore proposes that a mechanism be studied for assigning responsibility to the producer and/or the person empowered to sign certificates of conformity so that minor alterations to type-approved vehicles may be acceptable without the need to go through a new type-approval procedure. However, these alterations should not affect the safety of the vehicles or its structural parts.

4. Conclusion

4.1. The Committee once again welcomes the Commission initiative and work on harmonising and standardising Member States' methods and procedures for the benefit of a true European Union.

4.2. The Committee also agrees with all the changes and additions made by the Commission proposal. However, the Commission should take account of the suggestions made above and make the necessary adjustments/additions to its document.

Brussels, 21 October 1999.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI