WRITTEN QUESTION E-2830/01

by Bernd Lange (PSE) to the Commission

(11 October 2001)

Subject: Implementing provisions for Directive 98/69/EC

Complaints are increasingly reaching me of delays in transposing Directive 98/69/EC(1) in a number of Member States. These delays are affecting the inspection of vehicles already authorised (in use compliance), since that is where there are still no transposition standards.

The discussions held in this connection at the meeting of the European type approvals authorities on 6 and 7 June 2001 in Oslo had the effect if anything of further delaying the development of European transposition provisions rather than bringing it forward. Problems are said to have arisen in particular over efforts to draw up comparable arrangements in the different Member States.

Is the Commission aware of the delays in transposing Directive 98/69/EC?

If so, what action will it take?

Would the right approach not be for the Commission to draw up its own specific implementation provisions for the directive which could then be taken over by the Member States?

(1) OJ L 350, 28.12.1998, p. 1.

Answer given by Mr Liikanen on behalf of the Commission

(29 November 2001)

The Commission has been working steadily to complete the technical requirements of Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles(1), as specifically amended by Directive 98/69/EC of the Parliament and of the Council of 13 October 1998. All Member States have transposed Directive 98/69/EC.

In particular, the Commission services have been working to resolve the issues associated with in-use compliance checking of vehicles. However, finding a common position between Member States on the definition of what are termed an outlier vehicle (see section 3.1. of Appendix 4 to Annex I of Directive 98/69/EC) has been difficult. This is why this particular aspect of Directive 98/69/EC has not yet been implemented through an amending directive.

Earlier this year, the Commission presented a package of proposed amendments to Directive 70/220/EEC to the Committee for Adaptation to Technical Progress (CATP). Amongst other things, this package completed Appendices 3 and 4 of Annex I to that Directive, concerning in-use compliance checking. However, since there was no possibilty to complete an agreement on the definition of outlier vehicle, a decision on the proposal has been delayed. The Commission now hopes to resolve this issue in the next meeting of the CATP which is scheduled to be held in the third week of December 2001.

Regarding in-use compliance checking, one can reasonably understand that little, if any, in-use compliance checking has so far been carried out in Member States. This check applies to vehicles that entered into service after 1 January 2000 and authorities will wait to target vehicle types for which there are sufficient examples on the road that have accumulated quite some distance (up to 80,000 kilometer (km)).

The discussions between the European Type-Approval Authorities (TAAM) in Oslo on 7 June 2001 did discuss the technical content of Directive 98/69/EC, but it was in relation to an interpretation offered by the KBA (Kraftfahrt-Bundesamt) as to how in-use compliance checking should be carried out on the basis of the content of Directive 98/69/EC. Authorities are also discussing the procedures for rationalising in-use compliance checking to avoid duplicate testing of the same vehicle type being carried out in several Member States. The Member States have the responsibility to apply the Directives accurately and harmoniously. The meetings of the European Type-Approval Authorities remains a good forum to resolve problems relating to the common application of the Directives.

(1) OJ L 76, 6.4.1970.