WRITTEN QUESTION E-2698/02

by Kurt Lechner (PPE-DE) to the Commission

(26 September 2002)

Subject: Free movement of persons

Is the Commission aware that some vehicles (cars, trailers) licensed in Germany and with current German MOT (TÜV) certificates are deemed to be illegal in the Netherlands because of technical details (in the case in point, an additional metal ring fitted to the trailer attachment), making their drivers liable to prosecution? Is the fact that national regulations of this kind, where they exist, give rise to far-reaching legal proceedings reconcilable with the principle of free movement of persons in the Union? Does the Commission see a possibility of providing uniform technical standards for vehicles (MOT/TÜV test) throughout the European single market? Are Member States obliged to inform the public of their technical regulations for vehicles?

Answer given by Mr Liikanen on behalf of the Commission

(30 October 2002)

Since 1 January 1998, category M1 motor vehicles (cars) have been subject to Community type-approval in application of Directive 70/156/EEC(1). To receive this, they have to comply with 45 technical provisions harmonised across the Community. As a result, the Member States may no longer demand that these vehicles have specific or additional equipment in accordance with national regulations. Trailers, on the other hand, are still subject to national legislation.

With regard to the braking device specifically concerned in this case, cars must comply with the technical provisions of Directive 71/320/EEC(2). Trailers only need to comply with it insofar as the Member States have made this compulsory through their national regulations.

Directive 71/320/EEC provides for specific technical provisions to ensure that vehicles are safe to use in the event of a trailer accidentally becoming separated from the tractor vehicle. In practice, the devices which make it possible to comply with these provisions are mounted on trailers.

Since 1970, the Commission has drawn up directives harmonising the technical prescriptions applicable to motor vehicles; these directives are enforced under the Community type-approval system. The Commission is currently drafting a revised version of Directive 70/156/EEC which will make it possible to extend Community type-approval to other categories of vehicles, and to trailers in particular.

Pending this total harmonisation, the Vienna Convention on road traffic of 8 November 1968 lays down the technical provisions which apply to combinations of light vehicles in international traffic. These provisions are such that they facilitate the free movement of vehicles within the Union, whilst ensuring the safety of their users.

The publication of technical provisions which apply within the territory of a Member State falls within the scope of Member States' national law.

(1) Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (OJ L 42, 23.2.1970), as amended by Council Directive 92/53/EEC of 18 June 1992 (OJ L 225, 10.8.1992).

(2) Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and of their trailers (OJ L 202, 6.9.1971).