Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

A. General points

Current situation

Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community [1] was adopted on 10 February 1992. This Directive laid down rules requiring speed limitation devices for category M3 vehicles having a maximum weight exceeding 10 metric tonnes and for category N3 vehicles, categories M3 and N3 as defined in Annex II to Directive 70/156/EEC [2]. In the preamble to Directive 92/6/EEC it was stated that, as a first step, requirements should be introduced in the case only of the heaviest categories of motor vehicles which are most involved in international transport. Thereafter, depending on technical possibilities and experiences in Member States, these requirements could be extended to lighter categories of motor vehicles.

[1] OJ L 057, 2.3.1992, p. 27.

[2] Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (OJ No L 42, 23. 2. 1970, p. 1) as amended.

As a result of the Directive the mandatory installation and use of speed limitation devices throughout the EU was introduced in three phases:

* from 1 January 1994 for new vehicles,

* from 1 January 1995 for vehicles registered between 1 January 1988 and 1 January 1994, performing international journeys, and

* from 1 January 1996 for all vehicles registered on or after 1 January 1988.

Article 2 of the Directive requires the installation of speed limitation devices with a maximum set speed of 100 km/h for category M3 vehicles and Article 3 requires the installation for category N3 vehicles of speed limitation devices set in such a way that maximum speed of 90 km/h cannot be exceeded.

Derogations were laid down in Article 6 of the Directive, where it was stated that the requirements of Articles 2 and 3 do not apply for motor vehicles used by armed forces, civil defence, fire and other emergency services and forces responsible for maintaining public order or for motor vehicles which:

- by their construction, cannot drive faster than the limits provided for in Articles 2 and 3,

- are used for scientific tests on roads,

- are used only for public services in urban areas.

The technical requirements for type approval of speed limitation devices were laid down in Council Directive 92/24/EEC of 31 March 1992 relating to speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles [3].

[3] OJ L 129, 14.5.1992, p. 154.

The Commission has made a report to the European Parliament and to the Council on the implementation of Directive 92/6/EEC. This report is based on studies and the experience of the Member States.

This report examines various issues connected with speed limitation devices. One of these is the enlargement of the scope of Directive 92/6/EEC to include lighter vehicle categories.

B. Justification of Community action

I. Subsidiarity

(a) What are the objectives of the planned action in relation to the obligations of the Community-

The objective of this amendment of Directive 92/6/EEC is to extend its scope by introducing speed limitation devices for vehicles of categories M2 and M3 having a maximum weight of less than 10 tonnes (buses and coaches) and category N2 (lorries with a maximum weight in excess of 3.5 tonnes).

(b) Does the envisaged action relate to an exclusive competence of the Community or a competence shared with the Member States-

Shared competence: Article 71(1)(c).

(c) What is the Community dimension of the problem (for instance, how many Member States are involved and which is the solution so far)-

Directive 92/6/EEC is addressed to all the Member States.

(d) Which solution is most efficient in comparison between Community measures and measures of the Member State-

Community legislation already exists. Therefore amending Community legislation is the most efficient way.

(e) What is the specific value of the envisaged Community action and what would be the cost of inaction-

Introduction of speed limitation devices would benefit both road safety and environmental protection. This may not be obtained in a harmonised way if left to the Member States.

Inaction would mean loss of these benefits and unequal competition between the operators from different Member States.

(f) What forms of action are available to the Community (recommendations, financial support, regulation, mutual recognition, etc.)-

Amending a Directive is the sole means to deal with the extension of the scope of a Directive in force.

(g) Is it necessary to have a uniform regulation or is a Directive setting out the general objectives sufficient, leaving implementation to the Member States-

Amending an existing Directive is sufficient to deal with the extension of the scope of a Directive.

II. Harmonisation of conditions

Amending Directive 92/6/EEC does not entail amending the level of harmonisation established in the Community for road transport.

III. Coherence with other Community policies

Amending Directive 92/6/EEC has no impact on other Community policies.

C. Objective of the proposal

This proposal for amending Directive 92/6/EEC is intended to introduce speed limitation devices for vehicles of categories M2 and M3 having a maximum weight of less than 10 tonnes (buses and coaches) and category N2 (lorries with a maximum weight in excess of 3.5 tonnes).

The proposal aims to further promote road safety and environmental protection and it is in line with the report from the Commission to the European Parliament and to the Council on the implementation of Directive 92/6/EEC as well as with the Commission Road Safety Communication [4], the Council Resolution of 26 June 2000 on the improvement of road safety [5] and the Resolution of 18 January 2001 of the European Parliament on the Road Safety Communication [6].

[4] Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions - Priorities in EU road safety - Progress Report and ranking of actions, COM(2000) 125 final of 17.3.2000, not yet published.

[5] OJ C 218, 31.7.2000, p.1.

[6] OJ C [...], [...], p. [...].

D. Contents of the proposal

Article 1 sets out the proposed amendments to Directive 92/6/EEC.

Paragraph 1 extends the scope to include all vehicles in categories M2, M3, N2 and N3.

Paragraph 2 includes all category M2 and M3 vehicles with a maximum set speed of 100 km/h

Paragraph 3 includes all category N2 vehicles with a maximum speed of 90 km/h.

Paragraph 4 sets the stepwise introduction of speed limitation devices for the new vehicle categories starting with new vehicles from 1.1.2004 and the retrospective fitting of devices by 1.1.2006 on vehicles registered after 1.1.2001.

Articles 2, 3 and 4 contain provisions concerning transposition by the Member States and the entry into force of this act amending Directive 92/6/EEC.

2001/aaaa (COD)

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission [7],

[7] OJ C , , p. .

Having regard to the opinion of the Economic and Social Committee [8],

[8] OJ C , , p. .

Having regard to the opinion of the Committee of the Regions [9],

[9] OJ C , , p. .

Acting in accordance with the procedure laid down in Article 251 of the Treaty [10],

[10] OJ C , , p. .

Whereas:

(1) Transport safety and environmental issues connected with transport are vital in ensuring sustainable mobility.

(2) Speed limitation devices for heavy motor vehicle categories have proven to have a positive effect both on transport safety and environmental protection.

(3) Research results show that further improvement in these areas will be achieved if the installation and use of speed limitation devices is made mandatory as well for lighter motor vehicle categories.

(4) In Council Directive 92/6/EEC it was foreseen that depending on technical possibilities and experiences in Member States, the requirements on installation and use of speed limitation devices could be extended to lighter motor vehicle categories.

(5) In the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on priorities in EU road safety [11] the extension of the scope of Directive 92/6/EEC towards lighter categories of motor vehicles was stated as one of the priorities.

[11] COM(2000) 125 final of 17.3.2000, not yet published.

(6) The present state of technology permits a technical tolerance of less than 5 km/h for speed limitation devices. In setting speed limitation devices, regard should be had to the margins of technical accuracy which are currently attainable, allowance being made for a degree of measuring error.

(7) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of this Directive, namely the introduction of modifications to the Community-wide arrangements for the installation and use of speed limitation devices on certain heavy vehicle categories cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved by the Community. This Directive confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose.

(8) Directive 92/6/EEC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 92/6/EEC is hereby amended as follows:

1. Article 1 is replaced by the following:

"Article 1

For the purpose of this Directive, "motor vehicle" means any power-driven vehicle falling within category M2, M3, N2 or N3, intended for use on the road and having at least four wheels and a maximum design speed exceeding 25 km/h.

Categories M2, M3, N2 and N3 shall be understood to be those defined in Annex II to Council Directive 70/156/EEC [12]."

[12] OJ L 42, 23.2.1970, p. 1, Annex II as laid down in Council Directive 92/53/EEC, OJ L 225, 10.8.1992, p. 1.

2. In Article 2 the words "category M3" are replaced by "categories M2 and M3".

3. Paragraph 1 of Article 3 is replaced by the following:

"1. Member States shall take the necessary measures to ensure that motor vehicles of categories N2 and N3 shall be used on the road only if equipped with a device set in such a way that their speed cannot exceed 90 km/h. The maximum speed on this device shall be set at 85 km/h when the technical tolerance is of the permitted maximum of 5 km/h; if the technical tolerance is less than 5 km/h, the maximum speed on this device shall be set at such value as shall ensure that the actual speed does not exceed 90 km/h."

4. Article 4 is replaced by the following:

"Article 4

1. Articles 2 and 3 shall be applicable to motor vehicles of category M3 having a maximum weight exceeding 10 metric tonnes and to motor vehicles of category N3 registered as from 1 January 1994.

2. Articles 2 and 3 shall be applicable to other motor vehicles registered as from 1 January 2004.

3. Articles 2 and 3 shall be applicable at the latest from 1 January 1995, to motor vehicles of category M3 having a maximum weight exceeding 10 metric tonnes and to motor vehicles of category N3 registered between 1 January 1988 and 1 January 1994.

4. Articles 2 and 3 shall be applicable at the latest from 1 January 2005 to other motor vehicles registered between 1 January 2001 and 1 January 2004.

5. However, where vehicles are used exclusively for national transport operations, Articles 2 and 3 may be applied at the latest from 1 January 1996 as regards motor vehicles of category M3 having a maximum weight exceeding 10 metric tonnes and motor vehicles of category N3, and from 1 January 2006 as regards other motor vehicles."

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2003 at the latest. They shall forthwith inform the Commission thereof.

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.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President