•ù -h 
•it -it COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 06.12.1996 
COM(96) 673 final 
95/0226 (SYN) 
OPINION OF THE COMMISSION 
on the amendments proposed by the European Parliament 
to the Council's Common Position 
on the 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 c (d) of the EC Treaty) 

1. BACKGROUND 
1.1. The objectives of the Commission's proposal are : 
• the further harmonization and improvement of the checks on motor vehicles; 
• the provision for the testing of speed limitation devices for lorries of over 
12 tonnes and buses and coaches of over 10 tonnes, with as a consequence 
the extension of the current test regarding tachographs; 
• a clarified situation with regard to the vehicles of historical interest, taxis and 
ambulances; 
• the provision for immediate removal from circulation of vehicles that do not 
meet minimum requirements regarding braking systems and emissions, and 
• the redrafting of the oft-amended Directive 77/143/EEC into a single clear 
consolidated text. 
1.2. The Commission approved and sent the proposal to Council and Parliament on 
8 September 1995'. 
1.3. The opinion of the Economic and Social Committee, which was delivered on 
22 November 19952, was totally favourable. 
1.4. The opinion of the European Parliament at its first reading was delivered on 
29 February 1996-1. 
The Parliament adopted seven amendments. 
Commission agreed on 3 amendments; their tenor, if not the wording, were 
taken into account by the Council in its Common Position. 
1 OJ NoC 193, 4.7.1996,p.5. 
2 OJ NoC 39, 12.2.19%. p. 24. 
3 OJ NoC 78, IX.3.1996, p. 27. 
1.5. The amended Commission proposal was forwarded on 18 April 19964. 
1.6. The common position (EC) No 38/96 was adopted by the Council on 
18 June 1996s. 
The common position corresponds in the main to the Commission proposal, as 
amended. However, the Council made a number of changes to both the articles 
and the Annex II. 
In particular : 
1.6.1. The option for the Member States of excluding from the scope of this 
Directive fire appliances and vehicles of historic interest which were 
manufactured before 1 January 1960; 
1.6.2. The fixing of the date of implementation of the Directive to one year 
after its entry into force(instead of before 1.1.1996); 
1.6.3. The addition of a new paragraph 3 in Article 11, replacing the fourth 
paragraph proposed by the Commission for the introduction to 
Annex II. This paragraph states that 'Member States must adopt the 
measures necessary to implement the system of tests laid down in this 
Directive and that the measures must be effective, proportionate and 
dissuasive'; 
1.6.4. The new text of the second indent of point 7.9. on tachographs in 
Annex II, with reading as follows : check, if in doubt, whether the 
nominal circumference or size of tyre matches the data given on the 
tachograph plate;'. 
1.7. Date of Commission response to the Common Position: on 2 July 19966. 
1.8. Date of announcement of receipt by the European Parliament: on 18 July 1996. 
2. POSITION QF THE EUROPEAN PARLIAMENT - SECOND REAPING 
On 24 October 19967 the European Parliament amended the common position adopted 
by the Council on 18 June 1996 on the above-mentioned proposal. The three adopted 
amendments, one of which was already rejected by the Commission and the Council 
following the first reading of the European Parliament, are at annex. 
4 OJ NoC 193, 4.7.1996, p. 31. 
5 OJ No C 248, 26.8.1996, p. 49. 
6 SEC(96) 1239 final - 95/0226(SYN). 
7 OJ NoC 347, 18.11.1996, p. 
3. COMMISSION POSITION 
Under Article 189 C, sub-paragraph (d) of the EC Treaty, the Commission has re­
examined its proposal and decided not to accept any of the amendments of the 
European Parliament at its second reading, for the following reasons : 
• Amendment 1 : 
The first amendment, extending the possibility of carrying out more stringent and 
more frequent tests to all standards, and not just to braking systems as at present, is 
considered by the Commission to be contrary to the Community long term goal 
which is to harmonise testing standards - of course at levels which guarantee both a 
high level of safety and environmental protection. 
Moreover, such a provision would create a possibility for Member Sates to set 
standards at the roadworthiness tests which are higher than the standards for which 
the vehicles originally were approved. 
Finally, the application of different standards by Member States would jeopardize 
the objective of the Directive which is to harmonize as far as is practicable the rules 
on roadworthiness tests in order to ensure that road traffic within the Community 
operate under the most favourable conditions as regards safety, environmental 
protection and competitive conditions applying to carriers in the various Member 
States. 
• Amendment 2 : 
This second amendment, requiring the reduction to three years and one year in the 
intervals between tests on vehicles weighing less than 3.5 tonnes which are used for 
the carriage of goods (category 5) and the extension of this category to vehicles 
used for the public transport of passengers (at present covered within category 6), 
is not sensible at a time when some Member States currently benefit from a 
derogation, accorded under Article 1 of Directive 91/328/EEC8, until 1.1.1998 for 
the public transport of passengers (part of category 6) from the present provisions. 
These Member States would find it too onerous to apply such a measure given the 
extra infrastructure that would be required. 
The third amendment, requiring the re-establishment of a ban on the use of vehicles 
which have not passed the braking system or exhaust gas tests (i.e. the fourth 
paragraph to the introductory note to Annex II of the draft Directive, which had 
been proposed by the Commission in its original proposal9) is now seen as being 
too rigid given that vehicles could fail the test with only minor defects. Such a 
measure could only be practical if a general agreement existed on the classification 
of deficiencies that, for instance, could justify an immediate ban, a short period to 
8 OJ No L 178, 6.9.1991, p. 29. 
9 OJ NoC 193,4.7.1996, p.5. 
repair, a longer period to repair or just a warning. 
Fherefore, the substituted text (Article 11.3 in the common position of the 
Council) indicating that 'Member States shall adopt the measures necessary to 
implement the system of tests laid down in this Directive and that the measures 
adopted must be effective proportionate and dissuassive', is more appropriate. 
Therefore the Commission endorsed the common position adopted by the CounciL 
Annex: 3 amendments of the Parliament. 
EUROPEAN PARLIAMENT 
15 October 1996 A4-0295/2 
AMENDMENT 2 
tabled by the Committee on Transport and Tourism 
RECOMMENDATION FOR SECOND READING (A4-0295/96) 
Rapporteur: Mr Bellerè 
ROADWORTHINESS TESTS FOR MOTOR VEHICLES 
Common position of the Council 
(C4-0369/96 - 95/0226(SYN) 
Common position of the Council Amendment 
.JT- (Amendment ^L) 
Recital 19 
(19) Whereas Member States may make (19) Whereas Member States may 
the brflkinq test more stringent introduce more stringent ££s_ts_ 
or increase the frequency Q£ or increase the frequency 
testing; thereof ; 
- Q- PE 252.713/2 
EUROPEAN PARLIAMENT 
15 October 1996 A4-0295/8 
AMENDMENT 8 
tabled by the Committee on Transport and Tourism 
RECOMMENDATION FOR SECOND READING 
Rapporteur: Mr Bellerè (A4-0295/96) 
ROADWORTHINESS TESTS FOR MOTOR VEHICLES 
Common position of the Council 
(C4-0369/96 - 95/0226(SYN) 
Common position of the Council Amendment 
(Amendment gU 
Annex 1(5) 
Categories Frequency 
of vehicle of tests 
5. Motor wahiclaa having at laaat four yaara aftar tha data on 
tour wh««la. acntllT uaad Cor tha which tha vwhlcla was first 
road carriage of oooda and with a uaad. and tharaaftar «vary 
•aw J a» «a parwlaalhla aut not two raar» 
a»o««i1inq 3 SOO ko. «•eluding 
agricultural tractor» and «achinsety Categories Frequency 
of vehicle of tests 
S. Motor vahiclaa having at laaat Thraa yaars attar ths data 
four whaala. noraally uaad Cor tha on which tha vahicla «u 
road caxrlaga of <jood» or for tha flrrt uaad. and tharaaftar 
public tranaport of paaaonocr» and «vary y»«r 
with a mmMimin paralaalbla aaaa not 
axcaadlng 3 SOO kg. «xcluding 
agricultural tractor a and Machinery 
- 1" PE 252.713/8 
EUROPEAN PARLIAMENT 
15 October 1996 A4 -0295/9 
AMENDMENT 9 
tabled by the Conuiiittee on Transport and Tourism 
RECOMMENDATION FOR SECOND READING (A4-0295/96) 
Rapporteur: Mr Bellerè 
ROADWORTHINESS TESTS FOR MOTOR VEHICLES 
Common position of the Council 
(C4-0369/96 - 95/0226(SYN) 
Common position of the Council Amendment 
(Amendment 3) 
Annex II, introduction, 3rd paragraph a (new) 
The Member States must nonetheless 
ensiiie. that vehicles which do not 
meet the minimum requirements 
relating to braking systems and 
exhaust gases are not used en the 
rûâsL. 
PE 252.713/9 
ISSN 0254-1475 
COM(96) 673 final 
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