PROPOSAL FOR A COUNCIL DIRECTIVE FIXING AN END DATE FOR THE DEROGATION ACCORDED TO IRELAND AND THE UNITED KINGDOM IN DIRECTIVE 89/.../EEC ON THE WEIGHTS AND DIMENSIONS AND CERTAIN OTHER TECHNICAL CHARACTERISTICS OF CERTAIN ROAD VEHICLES
Date: 1989-04-19
Institutions: European Commission
Subjects: Ireland, United Kingdom, derogation from EU law, harmonisation of standards, road transport, weight and size

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC89) 201 final 

Brussels, 19 April 1989 

Proposal  for a 

COUNCIL  DIRECTIVE 

fixing an end date for the derogation 

accorded  to Ireland  and the United Kingdom 

in directive 89/.../EEC 

on the weights and dimensions and  certain other 

technical  characteristics of certain  road vehicles 

(presented  by the  Commission) 

- 2 -

&wv  to* 

EXPLANATORY MEMORANDUM 

General Comments 

1. Directive 89/.../EEC  (1) amending Directive 85/3/EEC (2) 

lays down the maximum authorized weights for 2, 3 and 4 
axle vehicles and 4 axle combined vehicles intended for 
the transport of goods and of passengers. 

2. At the time of adoption of Directive 85/3/EEC regulating 

the maximum authorized weights and dimensions for 5 and 6 
axle vehicles, a temporary derogation was accorded to 
Ireland and the UK as regards certain provisions 
concerning weights of Directive 85/3/EEC. 

The reason given for this derogation was that certain 
portions of the road network in Ireland and the United 
Kingdom did not make it possible at that stage to apply 
all the provisions of this Directive. 

The Commission has submitted to the Council two reports 
on this issue and a proposal  (3) to fix the end date of 
this derogation at 31 December 1996. 

3. At the adoption of Directive 89/.../EEC on 14 March 1989 
a new temporary derogation was accorded to Ireland and 
the UK as regards certain maximum authorized weights for 
the 2, 3 and 4 axle vehicles and 4 axle combined 
vehicles• 

The reasons given for this new derogation are the same as 
for the derogation accorded in Directive 85/3/EEC. 

Therefore the Commission proposes on the basis of the 
above-mentioned reports to fix the end date for this new 
derogation also at 31 December 1996. 

2 

- 3 -

Contents of the Proposal 

4. In the recitals explicit reference is made to Directive 

89/.../EEC on which the proposal is based. 

The fifth and sixth recital refer to the reports and the 
proposal of the Commission concerning the similar 
derogations accorded in Directive 85/3/EEC. 

5. In Article 1 the end date for the derogation is fixed at 

31 December 1996. 

(1) ... 
(2) O.J. No. L 2, 3.01.1985, 
(3) COM(87)34 and COM(88)759 

3 

-  4 -

PROPOSAL 

FOR A COUNCIL 
DIRECTIVE FIXING AN END DATE FOR THE DEROGATION 
ACCORDED TO  IRELAND AND THE UNITED KINGDOM 
IN DIRECTIVE 89/.../EEC 
ON THE WEIGHTS AND DIMENSIONS AND CERTAIN OTHER 
TECHNICAL CHARACTERISTICS OF CERTAIN ROAD VEHICLES 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard  to the Treaty establishing  the European 
Economic Community, 

Having, regard to Council Directive 89/.../EEC on the weights and dimensions and 
certain other technical characteristics of certain road vehiclesO), and in 
particular Article 1(4) trereof, 

Having regard to the proposal  from the Commission, 

Whereas Directive 89/.../EEC  lays down maximum authorized 

weights and dimensions of certain road vehicles; 

Whereas the state of certain portions of the road network 
in Ireland and the United Kingdom did not make it possible 
at the stage of adoption of Directive 89/.../EEC to apply 
all the provisions of this Directive; 

Whereas the application of some of these provisions in 
those Member States was therefore temporarily deferred; 

Whereas  Article  1 (4) of  Directive  89/..*/EEC 'provides 
that  the  Council  shall  take a decision  before 
30 June 1989 and by qualified majority  on the date on 
which the  derogation  should  come  to an end;. 

(1) 

4-

- 5 -

Whereas the Commission transmitted two reports to the 

Council, on 4 February 1987 and  12 January  1989 

respectively, concerning the development of the 

circumstances which  justified  similar derogations  accorded 

to Ireland and the UK in the past; 

Whereas the information provided  in the 
abovementioned  reports leads to the conclusion that 
derogations under Directive 89/.../EEC would not be 
justified after  31 December 1996, 

HAS ADOPTED THIS DIRECTIVE : 

Article 1 

The derogation provided for Ireland and the United 

Kingdom  in the third indent  of  Article 1 (4) of Directive 
89/.../EEC shall  come to an end on 31 December 1996. 

Article 2 

Member  S t a t es  s h a ll  take  t he  measures  necessary  to 

comply  with  t h is  D i r e c t i ve  not  l a t er  than  31  December 
1995.  They  s h a ll  forthwith  inform  t he  Commission 

t h e r e o f. 

The  provisions  adopted  pursuant  to  the  f i r st  paragraph  shall 

make  express  reference  to  this  Directive. 

Member  States  shall  communicate  to  the  Commission  the  provisions 

of  national  law  which  they  adopt  in  the  f i e ld  governed  by  this  Directive. 

A r t i c le  3 

This  D i r e c t i ve 

is  addressed  to  the  Member  S t a t e s. 

Done  in  Brussels, 

For  the  Council 

S 

COMPETITIVE IMPACT STATEMENT 

The proposed Directive fixes the closing date for the 
derogation accorded to Ireland and the United Kingdom in 
Directive 89/.../EEC on 31 December 1996.  As from this date 
vehicles in the UK and Ireland may circulate with the same 
weights as in the rest of the Community. 

The impact on small and medium enterprises will be two fold : 

-  Enterprises in the UK and Ireland can operate under the 
same more economical conditions as in the other Member 
States. 

Lorries entering the territory of the UK and Ireland do 
not need to adapt their loading to the specific 
situation of these countries. 

In general the impact of this measure will be positive for 
enterprises involved in transport in the whole Community. 

Commission of the  European Communities 

COM(89)  201  final 

Proposal for a 

COUNCIL  DIRECTIVE 

fixing an end date for the derogation accorded to Ireland and the  United 
Kingdom  in  Directive  89/.../EEC  on  the  weights  and  dimensions  and 
certain other technical characteristics  of  certain road vehicles 

(presented by the  Commission) 

19.4.1989 

Office for  Official  Publications of the  European Communities 
L - 2985  Luxembourg 

Series:  DOCUMENTS 

1989 — 6 pp. — Format:  21.0 x 29.7 cm 

EN 

ISSN  0254-1475 

ISBN  92-77-48398-9 

Catalogue  number:  CB-CO-89-149-EN-C 

COM(89)  201  final 

ISSN 0254-1475 

DOCUMENTS 

Proposal for  a 

COUNCIL  DIRECTIVE 

fixing an  end  date  for  the  derogation  accorded  to 
Ireland  and the  United  Kingdom  in  Directive 
89/.../EEC  on the  weights  and  dimensions  and 
certain  other  technical  characteristics  of  certain  road 
vehicles 

(presented  by the  Commission) 

07 

06 

Catalogue  number:  CB-CO-89-149-EN-C 

ISBN  92-77-48398-9 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

19.4.1989