COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 18.04 1996 
COM(96) 159 final 
95/0226 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES 
RELATING TO 
ROADWORTHINESS TESTS FOR MOTOR VEHICLES 
AND THEIR TRAILERS 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
On 8 September 1995, the Commission sent to the Council a proposal for a Directive 
on the approximation of the laws of the Member States relating to roadworthiness tests 
for motor vehicles and their trailers (COM(95)415 final - 95/0226 (SYN)). 
On 22 November 19951, the Economic and Social Committee adopted its opinion 
which is supportive of all the objectives of the proposed Directive (consolidation 
with amendments, in particular the proposal for the testing of speed limitation 
devices). 
On 29 February 19962, the European Parliament approved the proposal at its first 
reading. 
The Commission accepted three of the seven requests. 
Furthermore, the Commission could not accept the other amendments proposed by the 
Parliament for the following reasons : 
Amendment which adds a recital la : 
makes reference to the Parliament's resolution on codification and the 
Inter-institutional Agreement on the accelerated working method for official 
codification. As this proposal's main purpose lies in the inclusion of speed limiter 
testing, the Commission cannot accept the recital which suggests that only codification 
is the main reason for the proposal. 
OJ No C 39 of 12.02.1996, p. 24. 
OJ N* C 
-2 
Amendment which adds a recital 32a : 
wants the Commission to study the feasibility of extending roadworthiness tests to two 
and three-wheeled vehicles. The Commission saw no reason to carry out such a 
feasibility study as it was already prepared to accept another amendment aiming at 
extension of the scope of the directive to two and three-wheeled vehicles. However, 
this amendment was rejected in the Plenary. 
Amendment to Annex I. point 5 : 
requests to increase the minimum frequency of testing of light commercial vehicles 
and passenger cars from a first test after the vehicles are four years old and thereafter 
every two years (4,2,2,2) to a first test after they are three years old and then every 
year thereafter (3,1,1,1). The Commission cannot accept an increase in the testing 
of light commercial vehicles and passenger cars because some Member States are still, 
with major efforts, in the process of implementation of the minimum frequency testing 
scheme provided for by the Directive. However, the Directive setting only a 
minimum testing scheme, several other Member States already carry out tests at a 
higher frequency than that provided for by the Directive. 
Amendment to Annex II. point 8.2. : 
introduces a cold start petrol emission test for pre catalyst cars and vans. This is not 
acceptable as cold start testing is not included in the vehicle's original approval and 
so the roadworthiness test could not be more severe in relation to what the vehicle was 
originally designed to meet. 
B. The Commission therefore amends its proposal as follows: 
Amendment n° 1 adds a new recital (12a) to ensure that testing is 'conducted 
methodically and to a high standard'. 
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Amendment n° 2 adds a new recital (12b) to call on the Commission to report on the 
'practical application of this Directive'. 
Amendment n* 3 modifies article 2 of the proposal in the sense that it provides the 
obligation for Member States to establish authorization and control systems that ensure 
an acceptable quality standard for testing centres, particularly where they have the dual 
role of roadworthiness testing and repair. 
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Amended proposal for a 
COUNCIL DIRECTIVE 
ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES 
RELATING TO 
ROADWORTHINESS TESTS FOR MOTOR VEHICLES 
AND THEIR TRAILERS 
The proposal from the Commission forming the subject of document COM(95)415 final 
95/0226 (SYN)1 is hereby amended as follows : 
Initial text proposed by the Commission Amended text 
Amendment n° 1 
Recital 12a (new) 
Whereas each Member State must 
ensure, within its own area of 
jurisdiction, that roadworthiness tests 
are conducted methodically and to a 
high standard; 
Initial text proposed by the Commission Amended text 
Amendment n° 2 
Recital 12b (new) 
Whereas the Commission must monitor 
the practical application of this 
directive and report to the European 
Parliament and the Council at regular 
interval on its findings; 
OJ N* C 
5 -
Initial text proposed by the Commission Amended text 
Amendment n° 3 
Article 2 
Roadworthiness tests within the 
meaning of this Directive shall be 
carried out by the State or by bodies or 
establishments designated and directly 
supervised by the State. Roadworthiness tests within the 
meaning of this Directive shall be 
carried out by the State, or by public 
organizations entrusted with the task, 
or by bodies or establishments 
designated and directly supervised by 
the State, including duly authorized 
private bodies. In particular, when 
establishments designated as vehicle 
testing centres also operate as motor 
vehicle repair workshops, the Member 
States shall ensure the objectivity and 
high quality of vehicle testing. 
Remainder unchanged 
Done at Brussels For the Council 
6-
ISSN 0254-1475 
COM(96) 159 final 
DOCUMENTS 
EN 06 07 
Catalogue number : CB-CO-96-171-EN-C 
ISBN 92-78-02646-8 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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