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 the adoption of a European Parliament and Council Directive relating to the type-approval of two or three-wheel motor vehicles, repealing Council Directive 92/61/EEC

1. Background

- Date of transmission of the proposal to the EP and the Council, (COM(1999) 276 final - 1999/0117 COD): 25.6.1999

- Date of the opinion of the Economic and Social Committee: 21.10.1999

- Date of the opinion of the European Parliament of first reading: 27.10.1999

- Date of adoption of the common position: 29.10.2001

2. Aim of the commission proposal

The objective of the proposal is to facilitate the effective operation of the whole vehicle type-approval for two- and three-wheel motor vehicles and the uniform application by all Member States of the administrative and technical requirements relating to the type approval. The experience gained since framework directive 92/61/EEC relating to the type-approval of two or three-wheel motor vehicles entered into force has shown that certain requirements need to be clarified, in particular as regards the numbering of type-approval certificates, special provisions for end-of-series vehicles and for vehicles, components and separate technical units incorporating new technologies. Where possible the proposal aligns its provisions for type-approval and issuing the Certificate of Conformity with the requirements of Council Directive 70/156/EEC relating to the type-approval of motor vehicles and their trailers.

3. Comments on the common position

3.1. Brief general comments

From a juridical point of view, the Council's common position involves the conversion of the Commission's proposal, which was initially set up as an amendment to Council Directive 92/61/EEC, into a new Directive and repealing the existing one. This change is introduced for reasons of juridical transparency, more specifically the fact that the proposal amends or replaces almost all Articles and the Annexes of the Directive. The Council therefore found it more appropriate to replace the existing Directive altogether.

Furthermore, the Council's common position involves several changes to the Commission's initial proposal but does not change its overall orientation. Among the amendments included in the common position the following are of main importance:

- The recital and the Article concerning the comitology procedure has been amended to include a reference to the new comitology procedures as defined in Council Decision 1999/468/EC, laying down the procedures for the exercise of implementing powers conferred on the Commission.

- The definition of electrically assisted bicycles has been amended for further clarification.

- In Article 1 the different categories of two and three-wheel vehicles have been amended by taking into consideration mopeds with an electric motor or a diesel engine and introducing a system of codes similar to the one used in Directive 70/156/EEC relating to motor vehicles and their trailers.

- The last paragraph in Article 1 has become obsolete as the whole vehicle type-approval scheme is deemed to be complete.

- In Article 2 the definitions of vehicle type, variants and versions have been amended for clarification. For further alignment with Directive 70/156/EEC the concept of a system has been added while the redundant definition of component type-approval has been removed.

- A new paragraph to Article 4 has been added allowing Member States to refuse type-approval in cases of serious risks to road safety.

- A new Article has been added giving Member States the possibility to use national code systems in order to facilitate registration and taxation pending further harmonisation of registration and taxation.

- Annex I has been modified updating the list of requirements for vehicle type-approval.

- Annex II has been amended introducing a list of separate directive approval numbers for existing approvals of systems, separate technical units or components to be provided to type-approval authorities.

- The Certificate of Conformity now contains a letter code instead of full descriptions to facilitate the use of electronic data systems for Member States and industry.

- Furthermore a large number of modifications and clarification have been introduced to the text.

3.2. European Parliament amendments on first reading

The European Parliament approved the proposal without amendments.

4. Conclusions

The Commission supports the Council's common position.