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 a proposal for a European Parliament and Council Directive on the approximation of the laws of the Member States relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat and amending Council Directive 70/156/EEC

1997/0176 (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 a proposal for a European Parliament and Council Directive on the approximation of the laws of the Member States relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat and amending Council Directive 70/156/EEC

1. BACKGROUND

-Date of transmission of the proposal to the EP and the Council [COM(1997) 276 final - 1997/0176 (COD)]: 18.6.1997

-Date of the opinion of the European Parliament on first reading: 18.11.1998

-Date of the opinion of the Economic and Social Committee: 25.2.1998

-Date of adoption of the common position: 28.9.2000

2. AIM OF THE COMMISSION PROPOSAL

The aim of this proposal is to establish a European system for type-approval of vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat (buses and coaches). Like other separate directives relating to EC-type approval of vehicles (except vehicle of category M1 i.e. passenger cars), this Directive will be based on optional harmonisation; manufacturers may either ask for an EC type-approval of their vehicles or opt for the different type-approvals under national legislation. At a later stage, the Commission intends to put forward a proposal with a view to making EC type-approval mandatory.

The proposal is closely aligned with the international regulations drawn up by the United Nations Economic Commission for Europe (UN/ECE).

3. COMMENTS ON THE COMMON POSITION

3.1 Brief general comments on the common position

In its common position, on the key issues of internal market and of transport and social policies, the Council has not made any change of substance to the Commission's initial proposal.

3.2 Action taken on the European Parliament's amendments on first reading: After a long discussion and the consideration of a list of more than one hundred amendment proposals, the European Parliament has opted for a radical approach proposing the cancellation of all technical annexes and the creation of a working party responsible for developing technical standards on the subject. The Commission was unable to support the approach and in consequence, did not amend its original proposal.

3.3 Commission position on new provisions introduced by the Council

The Council unanimously could not accept the radical approach proposed by the Parliament and used the Commission proposal as the basis for the common position. The Commission considers that its proposal has not been altered in substance. It must be noted that internal market matters have been strengthened by the lifting of some derogations previously permitted in the proposal.

3.4 On the subject of the adaptation to technical progress, an amended Article containing the new commitology procedure resulting from the entry into force of the Amsterdam Treaty now replaces the Article on the former procedure. In the technical annexes, after thorough discussions between the experts of the Member States, some parameters were slightly adapted to match the market state of the art. The Commission proposed also a number of statements attached to the Council common position with a view to paving the way for future development of this Directive to meet the fast pace of technological change of buses and coaches.

4. CONCLUSION

The Commission supports the common position.

5. STATEMENTS ATTACHED TO THE COUNCIL COMMON POSITION

5.1 Concerning buses for schoolchildren - Statement by the Commission

"The Commission declares that it will prepare as soon as possible an amendment to this Directive with a view to introducing special provisions on vehicles designed for the carriage of schoolchildren." (see Annex I, paragraph 1.2.4)

5.2 Concerning vehicles listed in Annex I paragraph 1.2. - Statement by the Commission

"As long as the vehicles listed in paragraph 1.2. of Annex I are excluded from the scope of this Directive, Member States can continue to apply national legislation."

5.3 Concerning engine compartments - statement by the Council and the Commission

"The Council and the Commission are of the opinion that Directive 95/28/EC relating to the burning behaviour of materials used in the interior construction of certain categories of motor vehicles and Directive 70/221/EEC relating to liquid fuel tanks and rear underrun protection of motor vehicles and their trailers are to be adjusted as soon as possible with a view to improving fire safety provisions". (see Annex I, paragraph 7.5.1)

5.4 Concerning side-facing seats - Statement by the Council and the Commission

"In the present state of this Draft Directive, seats that are not front- or rear facing are permitted in Class III and B vehicles. Pending the conclusions of a study to be undertaken by the Commission on the safety aspects of such seating, including the question as to whether restraint devices (i.e. seatbelts) could make it safer, it will be decided at a future stage whether side-facing seats should be forbidden. (see Annex I point 7.7.8.7).

5.5 Concerning the ergonomic configuration of controls and commands for the driver - Statement by the Commission

"In this Draft Directive, there are no provisions regarding the ergonomic configuration of controls and commands for the driver. The Commission will propose to extend the scope of the relevant Motor Vehicle Directive relating to the accessibility of controls and commands to cover the driver cab area of vehicles of category M2 and M3."

5.6 Concerning "superstructure" - statement by the Commission

"The Commission declares its intention to prepare an amendment to this Directive as soon as possible with a view to introducing requirements relating to the strength of superstructure that would be applicable to all Class II and III vehicles, including double-deck vehicles and with a view to permitting EC type approval of the superstructure as a separate technical unit and aligning the provisions of this Directive with those of UN/ECE Regulation n°66."

5.7 Concerning "masses and dimensions" - statement by the Commission

"The Commission declares that it intends to ensure consistency as soon as possible between the definitions and the technical requirements in this Directive and Directive 97/27/EC relating to masses and dimensions of certain categories of motor vehicles and their trailers."