EN Official Journal of the European Union CE 88/627

(2004/C 88 E/0645)

WRITTEN QUESTION E-2660/03

by Elisabeth Jeggle (PPE-DE) to the Commission

(10 September 2003)

Subject: Checks on invalid MOT (road worthiness inspection) disks in EU Member States

It has come to light that many Greek-owned private cars in Greece are still being run on German registration plates with expired MOT disks.

This state of affairs prompts the following questions:

— What rules and provisions must be taken into account when a car is sold within the EU?

— For how long may Greek nationals continue to run German-registered cars?

— What implications does it have if a German-registered car with an expired MOT disk is being driven on the roads in Greece?

Answer given by Mr Bolkestein on behalf of the Commission

(5. November 2003)

Concerning the rules and the provisions which apply when a used passenger car, with a certificate of conformity corresponding to a vehicle type for which EC type-approval has been granted, registered in that Member State, is transferred for use in another Member State it is important to note that the carrying out of checks on registration by the authorities of the Member State of destination is no longer justified. The passenger car should be registered on the basis of EC type-approval, which is valid in all Member States.

If the vehicle has been granted a certificate of conformity on the basis of national type-approval, Member States may not object to the type-approval and registration of that vehicle, for reasons relating to technical characteristics, unless there are reasons regarding the protection of human health and life or of the environment, in which case they must state them in detail and substantiate them. The fact that a vehicle type-approved and registered in another Member State does not correspond to a type approved in the Member State of destination or that its technical characteristics differ from those laid down in the law of that State does not of itself constitute adequate grounds for refusing the type-approval and registration of the vehicle concerned.

Roadworthiness tests on the physical condition of the vehicle are permissible provided that they are necessary and non-discriminatory, that is, they are based on the same conditions and procedures as are applied to vehicles previously registered in the Member State of destination.

A new or a used passenger car moved permanently to Greece has to be registered there if the private individual who is the owner of the car has his normal residence in Greece. Under Community legislation (1) normal residence means the place where a person usually lives, for at least 185 days in each calendar year, because of personal and occupational ties. The Member State concerned (in this case, Greece) will fix the period needed for such registration to take place (normally, it will have to be done within a short period). This also applies when a car registered in Germany is permanently transferred into Greece following the transfer of the normal residence of its owner to that Member State.

A passenger car with German plates can be moved temporarily to Greece for the private use of a private individual who has his normal residence in a Member State different from Greece. In this case, the Community provisions in force (2) provide for a number of conditions to be fulfilled which include the respect of the temporary character of the move which, generally, should not exceed six months in any 12 months.

Directive 1996/96/EC (3) on roadworthiness tests introduces a number of minimum rules, including a first compulsory roadworthiness test once the vehicle is four years old and at least every two years thereafter. Member States have the option, however, of laying down stricter standards than these minimum rules. Greece and Germany apply the Directive's minimum requirement of a test every two years. Checks on the validity of certificates and penalties for offenders are covered by the subsidiarity principle.

(1) Council Directive 83/183/EEC of 28 March 1983 on tax exemptions applicable to permanent imports from a Member State of the personal property of individuals, as amended and now valid, OJ L 105, 23.4.1983.

(2) Council Directive 83/182/EEC of 28 March 1983 on tax exemptions within the Community for certain means of transport temporarily imported into one Member State from another, as amended and now valid, OJ L 105, 23.4.1983.

(3) Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers, OJ L 46, 17.2.1997.