Common Position (EC) No 40/2001

adopted by the Council on 27 September 2001

with a view to adopting Directive 2001/.../EC of the European Parliament and of the Council of ... amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic

(2001/C 360/01)

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(1),

Having regard to the opinion of the Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

(1) Directive 96/53/EC(5) established, in the framework of the common transport policy, harmonised maximum vehicle dimensions for the circulation of road vehicles transporting goods.

(2) There is a need for harmonised maximum authorised vehicle dimensions for the circulation of road vehicles transporting passengers. Differences between standards in force in the Member States with regard to the dimensions of passenger road vehicles could have an adverse effect on the conditions of competition and constitute an obstacle to traffic between Member States.

(3) Since the objective of the harmonisation of the maximum authorised vehicle dimensions for road vehicles transporting passengers cannot be sufficiently achieved by the Member States and can therefore by reason of the scale or effects of the proposed action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(4) In the implementation of the internal market, the scope of Directive 96/53/EC should be extended to national transport in so far as it concerns characteristics that significantly affect the conditions of competition in the transport sector and in particular the values relating to the maximum authorised length and width of vehicles intended for the carriage of passengers.

(5) Harmonised rules on maximum weights and dimensions of vehicles should remain stable in the long term. Thus, the amendments laid down in this Directive should not create a precedent for the maximum authorised weights and dimensions of buses and other categories of motor vehicle.

(6) For reasons of road safety, buses should meet performance criteria as regards their manoeuvrability.

(7) For reasons of road safety linked to the state of their infrastructure Portugal and the United Kingdom should be authorised, for a transitional period, to refuse the use on their territory of buses which do not satisfy certain manoeuvrability criteria.

(8) Buses which were registered or put into circulation before the date of implementation of this Directive and which do not comply with the dimension characteristics laid down in this Directive, owing to previously differing national provisions or methods of measurement, should be allowed for a transitional period to continue to provide transport services within the Member State in which the vehicle is registered or put into circulation.

(9) Directive 96/53/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 96/53/EC is amended as follows:

1. in Article 1:

(a) paragraph 1(a) shall be replaced by the following: "(a) the dimensions of motor vehicles in categories M2 and M3 and their trailers in category O and motor vehicles in categories N2 and N3 and their trailers in categories O3 and O4, as defined in Annex II to 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(6);";

(b) the following paragraph shall be added: "3. This Directive shall not apply to articulated buses comprising more than one articulated section.";

2. in Article 3(1), the second indent shall be replaced by the following: "- in national traffic, of vehicles registered or put into circulation in any other Member State for reasons relating to their dimensions;";

3. Article 4 shall be amended as follows:

(a) paragraphs 1 and 2 shall be replaced by the following: "1. Member States shall not authorise the normal circulation within their territories:

(a) of vehicles or vehicle combinations for the national transport of goods which are not in conformity with the characteristics set out in points 1.1, 1.2, 1.4, 1.5, 1.6, 1.7, 1.8, 4.2 and 4.4 of Annex I;

(b) of vehicles for national passenger transport, which are not in conformity with the characteristics set out in points 1.1, 1.2, 1.4a, 1.5 and 1.5a of Annex I.

2. Member States may none the less authorise the circulation within their territories:

(a) of vehicles or vehicle combinations for the national transport of goods which are not in conformity with the characteristics set out in points 1.3, 2, 3, 4.1 and 4.3 of Annex I;

(b) of vehicles for national passenger transport, which are not in conformity with the characteristics set out in points 1.3, 2, 3, 4.1 and 4.3 of Annex I";

(b) paragraph 4 shall be amended as follows:

(i) in the first subparagraph, the terms "vehicles or vehicle combinations used for goods transport which ..." shall be replaced by "vehicles or vehicle combinations used for transport which ...";

(ii) in the third subparagraph, the terms "the circulation in its territory, in national goods transport operations, of vehicles ..." shall be replaced by "the circulation in its territory, in national transport operations, of vehicles ...";

(c) the following paragraph shall be added: "7. Until 31 December 2020 Member States may authorise buses that were registered or put into circulation before the implementation of this Directive but the dimensions of which exceed those laid down in points 1.1, 1.2, 1.5 and 1.5a of Annex I to circulate within their territories.";

4) Article 7 shall be replaced by the following: "Article 7

This Directive shall not preclude the application of road traffic provisions in force in each Member State which permit the weight and/or dimensions of vehicles on certain roads or civil engineering structures to be limited, irrespective of the State of registration of such vehicles or State where such vehicles were put into circulation.

This includes the possibility to impose local restrictions on maximum authorised dimensions and/or weights of vehicles that may be used in specified areas or on specified roads, where the infrastructure is not suitable for long and heavy vehicles, such as city centres, small villages or places of special natural interest.";

5. the following Article shall be inserted: "Article 8a

Portugal and the United Kingdom may refuse or prohibit the use on their territory until ....(7) of the buses referred to in point 1.1 of Annex I unless they satisfy the following manoeuvrability criteria:

- when the bus is stationary and has its steered wheels so directed that if the vehicle moved, its outermost forward point would describe a circle of 12,50 m in radius, a vertical plane tangential to the side of the vehicle which faces outwards from the circle must be established by marking a line on the ground. In the case of an articulated bus the two rigid portions must be aligned with the plane,

- when the bus moves forward on either side following the circle of 12,50 m in radius, no part of it may move outside the vertical plane by more than 0,80 m in the case of a rigid bus of up to 12 m in length or by more than 1,20 m in the case of either a rigid bus of over 12 m in length or an articulated bus.";

6. the following Article shall be inserted: "Article 10a

With regard to Annex I, point 1.5a, the Commission shall, by ....(8) at the latest, present a report on the feasibility of reducing the value of 0,60 m referred to in the second subparagraph of this point to improve the safety conditions related to the manoeuvrability of long buses. If appropriate, the report shall be accompanied by a legislative proposal to amend this Directive accordingly."

7) Annex I is amended as follow:

a) Point 1.1 is replaced by the following text: "1.1. maximum length:

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(b) the following point shall be inserted: "1.4a. If any removable attachments such as ski-boxes are fitted to a bus, its length, including the attachments, must not exceed the maximum length laid down in point 1.1";

(c) the following point shall be inserted: "1.5a. Additional requirements for buses

With the vehicle stationary, a vertical plane tangential to the side of the vehicle and facing outwards from the circle shall be established by marking a line on the ground. In the case of an articulated vehicle, the two rigid portions shall be aligned with the plane.

When the vehicle moves from a straight line approach into the circular area described in point 1.5, no part of it shall move outside of that vertical plane by more than 0,60 m.".

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...(9) at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate the provisions of national law which they adopt in the field covered by this Directive to the Commission.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(1) OJ C 274 E, 26.9.2000, p. 32.

(2) OJ C 123, 25.4.2001, p. 76.

(3) OJ C 144, 16.5.2001, p. 15.

(4) Opinion of the European Parliament of 3 October 2000 (OJ C 178, 22.6.2001, p. 60), Council Common Position of 27 September 2001 and Decision of the European Parliament of ... (not yet published in the Official Journal).

(5) OJ L 235, 17.9.1996, p. 59.

(6) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive of the European Parliament and of the Council 2000/40/EC (OJ L 203, 10.8.2000, p. 9).

(7) Three years after the entry into force of this Directive.

(8) Three years after the entry into force of this Directive.

(9) Two years after the entry into force of this Directive.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 23 March 2000 the Commission submitted a proposal for a Directive of the European Parliament and of the Council, amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic(1).

This proposal is based on Article 71 of the EC Treaty.

The European Parliament delivered its opinion on the Commission proposal on 3 October 2000(2). The Economic and Social Committee delivered its opinion on 24 January 2001(3). The Committee of the Regions delivered its opinion on 13 December 2000(4).

The Council adopted its Common Position on 27 September 2001, in accordance with Article 251 of the Treaty.

II. AIMS OF THE PROPOSAL

1. At present:

- Annex I, point I.1 of the current Directive 96/53/EC(5) sets the maximum authorised length in international traffic at 12 m for motor vehicles and therefore also for rigid buses, and at 18 m for articulated buses.

A Member State may therefore authorise maximum dimensions greater than those laid down in the Directive for buses in circulation within its territory, but only buses complying with the Directive may circulate freely throughout the Community,

- the maximum authorised length of buses in national traffic varies considerably.

2. The Commission proposal seeks to harmonise the maximum authorised length of buses in both international and national traffic, notably with a view to enabling the free circulation in practice of buses on Community territory and eliminating distortions of competition on the cabotage market in the passenger transport sector.

The proposal provides for a maximum authorised length of 12 m for buses with two axles, 15 m for buses with more than two axles, and 18,75 m for buses with trailers.

The proposal therefore requires that buses over 12 m in length be equipped with at least three axles so as not to damage the road infrastructure. The maximum length of 15 m for buses includes ski-boxes. The proposal also provides, on road safety grounds, for Directive 96/53/EC to impose the same requirements as Directive 97/27/EC(6) with regard to admissible movement beyond the vertical plane during a swerving manoeuvre.

The Commission believes that increasing the maximum authorised length of buses throughout the Community will help reduce the number of road journeys and have a positive impact on the environment and transport costs. It also considers that setting manoeuvrability criteria for buses will ensure a uniform level of safety for vulnerable road users.

III. ANALYSIS OF THE COMMON POSITION

1. The Council accepted, to the letter or in spirit, the three amendments put forward by the European Parliament:

- Article 1(3)(c) (Article 4, new paragraph 7 of Directive 96/53/EC), amendment 1.

The Commission proposal sets 31 December 2009 as the end of the transitional period during which the Member States may authorise the circulation, on their territory, of buses the dimensions of which do not comply with the requirements of the new Directive.

The European Parliament is proposing the extension of this transitional period until 31 December 2015 in order to avoid extremely negative economic consequences for companies which registered or put into circulation non-compliant buses before the implementation of the Directive.

The Council, which shares the European Parliament's concerns, has provided that the transitional period will end on 31 December 2020,

- Article 1(7)(a) (Annex I, new point 1.1 of Directive 96/53/EC), amendments 2 and 6.

The Council did not, however, adopt the part of amendment 2 proposing to use the term "rigid bus" to refer to buses other than articulated buses; the Council preferred to retain the term "bus" proposed by the Commission.

2. Below are the other main amendments to the Commission proposal contained in the Council's Common Position:

(a) Article 1(7)(c) of the Council's Common Position adds a new point 1.5a on manoeuvrability criteria for buses, to Annex I to Directive 96/53/EC.

The Commission proposal sets these criteria in accordance with the standards laid down in Annex I, point 7.6 of Directive 97/27/EC.

The Council's Common Position, on the other hand, adopts as manoeuvrability criteria the standards resulting from the work on amending Directive 97/27/EC under way within the Commission which, on this point, takes into account the latest standards adopted by the UN Economic Commission for Europe. However, the Council grants Portugal and the United Kingdom the possibility of temporarily derogating from the manoeuvrability criteria (see point 2(c)).

The Council's Common Position also makes provision, in Article 1(6), for the addition to Directive 96/53/EC of an Article 10a on the abovementioned manoeuvrability criteria. This Article provides that within three years of the Directive's entry into force, the Commission will present a report, accompanied, if appropriate, by a legislative proposal to amend the Directive, on the feasibility of reducing the value of the manoeuvrability standard laid down in the new point 1.5a in Annex I to Directive 96/53/EC, i.e. the possibility of laying down new rules on the rear-end outswing of long buses, to improve safety conditions.

(b) Article 1(4) of the Common Position adds a provision to Article 7 of Directive 96/53/EC authorising the Member States to impose local restrictions on maximum authorised dimensions and/or weights of vehicles, to take account of road infrastructure.

(c) Article 1(5) of the Common Position adds an Article 8a to Directive 96/53/EC giving Portugal and the United Kingdom the right to refuse or prohibit the use on their territory, for a period of three years after the entry into force of the Directive, of buses satisfying manoeuvrability criteria other than those established by the current Directive 97/27/EC. By way of justification for the derogation, recital 7 mentions reasons of road safety linked to the state of the infrastructure of these two Member States.

3. The Council considers that the amendments to the Commission proposal provided for in the Common Position satisfy the aims of the proposal. The Commission agreed to the amendments incorporated by the Council.

(1) OJ C 274 E, 26.9.2000, p. 32.

(2) OJ C 178, 22.6.2001, p. 60.

(3) OJ C 123, 25.4.2001, p. 76.

(4) OJ C 144, 16.5.2001, p. 15.

(5) OJ L 235, 17.9.1996, p. 59.

(6) Directive 97/27/EC of the European Parliament and of the Council of 22 July 1997 relating to the masses and dimensions of certain categories of motor vehicles and their trailers and amending Directive 70/156/EEC (OJ L 233, 25.8.1997, p. 1).