WRITTEN QUESTION E-2608/97 by Florus Wijsenbeek (ELDR) to the Commission (1 September 1997)

Subject: Transition periods for authorized dimensions for road-haulage vehicles

Is the Commission aware that whereas Community rules on dimensions and weights for road haulage vehicles will enter into force on 1 January 2007 in accordance with Directive 96/53/EC ((OJ L 235, 17.9.1996, p. 59. )), the transition periods for introducing these compulsory European dimensions for road haulage vehicles by that date could well vary in different EU Member States, since each Member State is effectively free to fix its own deadline for the transition?

Is the Commission further aware that such discrepancies in deadlines could well cause serious problems for road transport undertakings - which provide extensive cross-border services - in that the different Member States might well require such undertakings to comply with rules in force on the basis of the transition arrangements applicable in a given Member State at any one time?

That being so, situations might well arise where road transport undertakings were required to comply simultaneously with conflicting specifications for vehicle dimensions in different Member States, which would in turn distort competition as between road transport undertakings.

Does the Commission not therefore agree that in a Union where the free movement of persons, services and goods is not only possible but is of fundamental importance, the deadlines for complying with compulsory dimensions should not be subject to discrepancies and lack of harmonization such as to make it impossible for road transport undertakings - which by the very nature of their business frequently provide cross-border services - to operate efficiently owing to the effective loss of investment capital?

Can the Commission submit proposals to ensure that these deadlines will be harmonized in all Member States so as to preclude distortions of competition and ensure that firms in this sector are not subjected to requirements with which it is impossible to comply?

If so, how? If not, why not?

Answer given by Mr Kinnock on behalf of the Commission (18 September 1997)

The Commission is indeed aware of the differences that may occur in maximum vehicle dimensions when Member States allow differing transitional periods for existing vehicles - so called 'grandfather rights' - until 31 December 2006 in accordance with Article 4(6) of Directive 96/53/EEC.

However, it should be pointed out that the differences in vehicle dimensions are a heritage of the situation that existed before Directive 96/53/EEC came into force when each Member State could set its own rules for the maximum dimensions for domestic traffic.

In addition, a norm for vehicles used for international traffic has existed since 1985 as a result of Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles ((OJ L 2, 3.1.1985. )) (which was replaced by Directive 96/53/EEC).

The Commission views the problem as a diminishing one and the possibility of limited 'grandfather rights' is a pragmatic solution. An alternative solution of imposing the maximum dimensions of the Directive for all vehicles from the first day of implementation would have eliminated distortions in competition of the type highlighted by the Honourable Member, but would also have resulted in the immediate scrapping of many existing oversized vehicles.

The Commission therefore has no plans to submit further proposals on this matter.