No C 298/28 Official Journal of the European Communities 27. 11. 89 
Opinion on the proposal for a Council Directive amending Directive 77/143/EEC on the 
approximation of the laws of the Member States relating to roadworthiness tests for motor 
vehicles and their trailers (!) 
(89/C 298/08) 
On 9 March 1989 the Council decided to consult the Economic and Social Committee, 
under Article 75 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Transport and Communications, which was responsible for preparing the 
Committee's work on the subject, adopted its Opinion on 13 September 1989. The rapporteur 
was Mr Corell Ayora. 
At its 269th plenary session (meeting of 27 September 1989) the Economic and Social 
Committee adopted the following Opinion by a majority vote with one abstention. 
1. Information on the Commission proposal 
1.1. The Committee welcomes the Commission pro­
posal insofar as it seeks to tackle an issue which had 
already been highlighted in a previous Opinion (2), 
namely the need for the Directive to be enforced uni­
formly (point 2.8), thus helping to eliminate differences 
in application between the Member States (point 1.2). 
1.2. The setting-up of the Technical Com­
mittee (Articles 12 and 13 of Directive 70/156/EEC) (3) 
will make it possible to adjust test standards to technical 
progress and to align standards. More importantly, it 
will be possible to monitor the application of these 
standards and this will enhance road safety; this is all 
the more important given the constant increase in the 
number of vehicles. 
2. Specific content 
2.1. Firstly the draft Directive answers the Com­
mittees call (a) for all tests to be based on properly 
harmonized, objective standards (points 2.5 and 2.6 of 
the previous ESC Opinion) and (b) for them to be 
carried out with uniform frequency. 
2.2. Secondly it embodies the principle of adaptation 
to technical innovation by making provision for any 
necessary changes to Annexes 1 and 2 of Directive 77/ 
143/EEC(4). 
(') OJ No C 74, 22. 3. 1989, p. 14. 
(2) Opinion of 23 October 1986 on the proposal for a Council 
Directive amending Directive 77/143/EEC on the approxi­
mation of the laws of the Member States relating to road­
worthiness tests for motor vehicles and their trailers 
(OJ No C 333, 29. 12. 1986, p. 7). 
(3) OJ No L 42, 23. 2. 1979, p. 1. 
(4) OJ No L 47, 18. 2. 1977, p. 47. 2.3. It also lays down the procedure for amending 
these Annexes. 
2.4. Finally it sets up a Committee on the adaptation 
to technical progress of the Directives on standard 
roadworthiness tests of vehicles, comprising representa­
tives of the Member States and chaired by the Com­
mission representative. 
3. General comments 
3.1. The Committee understands the need for con­
trol and endorses the Commission proposal in principle; 
but wonders, however, whether an exhaustive report 
has been drawn up on the effectiveness and efficiency 
of the checks. 
3.2. In the case of fire extinguishers, for instance, 
Annex 2 of Directive 77/143/EEC makes no reference 
to their term of validity: in some countries they are 
checked annually, in others not. In the meantime gas 
escapes into the atmosphere and the Committee has 
doubts as to their effectiveness in the event of a fire. 
This is an important issue where dangerous goods are 
concerned because the extinction of a fire in the early 
stages may prevent hazards and damage on a larger 
scale. 
3.3. Bearing in mind that Directive 77/143/EEC is 
applied differently from one Member State to another, 
the Committee considers that it is vital to lay down 
uniform minimum technical standards so as to ensure 
that the tests are of an equivalent standard throughout 
the Community. These standards must be objective and 
applied according to the same criteria. 
3.4. If we really want an effective check on the 
condition of vehicles using the Community's roads, in 
order to guarantee equal safety levels, it is essential 
27. 11. 89 Official Journal of the European Communities No C 298/29 
to set up the Technical Committee. Furthermore, its 
members must be technically qualified and it must be 
allocated the requisite funds to carry out its duties 
properly. 
3.5. The objective of aligning standards for checks 
on used cars with those already in force for new cars 
can only result in greater clarity when standards are 
being laid down. 
3.6. Finally, bearing in mind that all these standards 
are designed to improve the level of road safety and 
hence to reduce as far as possible the burgeoning acci­
dent rate, the Committee wonders whether the Directive 
should not be extended to cover all vehicles, including 
private ones. 
4. Specific comments 
4.1. Article 1 (new Article 5b of Directive 77/143/ 
EEC): the Committee considers that it would be better 
to state that the Technical Committee 'shall consist of 
one technical representative from each Member State' 
rather than the more general 'representatives of the 
Done at Brussels, 27 September 1989. Member States'. This Committee could have the same 
structure as those already set up in the Member States 
for the type approval of new vehicles. Furthermore, the 
ESC feels that this Committee should submit periodic 
reports on its activities to the competent national auth­
orities and to the Commission. 
4.2. Article 2: in view of the protracted legislative 
process in some Member States, the deadline of 
1 January 1990 seems rather tight. If Directive 77/143/ 
EEC, as amended by Directive 88/449/EEC, and by the 
current proposal, is really to be applied effectively, the 
Section thinks that the present proposal should be split 
into (a) a Directive covering the procedural rules laid 
down in the various Articles, (b) a Regulation setting 
up the Technical Committee. 
In this way the Committee set up under the Regulation 
would be able to make immediate use of powers del­
egated to it and could speed up and adjust the 
implementation of the Directives on vehicle testing, at 
the same time ensuring technical harmonization. This 
would considerably enhance road safety, give a major 
boost to employment and significantly reduce accidents 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE