Amended proposal for a COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ROADWORTHINESS TESTS FOR MOTOR VEHICLES AND THEIR TRAILERS
Date: 1996-04-18
Institutions: European Commission
Subjects: approximation of laws, commercial vehicle, motor vehicle, road safety, roadworthiness tests

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  18.04 1996 
COM(96)  159 final 

95/0226  (SYN) 

Amended  proposal  for  a 

COUNCIL  DIRECTIVE 

ON THE APPROXIMATION  OF THE LAWS OF THE MEMBER  STATES 

RELATING  TO 

ROADWORTHINESS  TESTS FOR MOTOR  VEHICLES 

AND THEIR  TRAILERS 

(presented  by the Commission  pursuant  to  Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

On 8 September  1995, the Commission  sent to the Council a proposal  for  a Directive 

on the approximation of the laws of the Member  States relating to roadworthiness  tests 

for  motor  vehicles  and  their  trailers  (COM(95)415  final  - 95/0226  (SYN)). 

On  22  November  19951,  the  Economic  and  Social  Committee  adopted  its  opinion 

which  is  supportive  of  all  the  objectives  of  the  proposed  Directive  (consolidation 

with  amendments,  in  particular  the  proposal  for  the  testing  of  speed  limitation 

devices). 

On  29 February  19962,  the  European  Parliament  approved  the  proposal  at  its  first 

reading. 

The  Commission  accepted  three  of  the  seven  requests. 

Furthermore,  the Commission could not accept the other amendments proposed by the 

Parliament  for  the  following  reasons  : 

Amendment  which  adds  a recital  la  : 

makes 

reference 

to 

the  Parliament's 

resolution  on  codification  and 

the 

Inter-institutional  Agreement  on  the  accelerated  working  method  for  official 

codification.  As  this  proposal's  main  purpose  lies  in the  inclusion  of  speed  limiter 

testing, the Commission cannot accept the recital which suggests that only  codification 

is the main  reason  for  the proposal. 

OJ  No C  39 of  12.02.1996,  p.  24. 

OJ  N* C 

-2 

Amendment  which  adds  a recital  32a  : 

wants the Commission to study the feasibility  of extending roadworthiness  tests to two 

and  three-wheeled  vehicles.  The  Commission  saw  no  reason  to  carry  out  such  a 

feasibility  study  as  it  was  already  prepared  to  accept  another  amendment  aiming  at 

extension  of the scope of the directive  to two and three-wheeled  vehicles.  However, 

this  amendment  was  rejected  in the  Plenary. 

Amendment  to  Annex  I.  point  5 : 

requests  to  increase  the  minimum  frequency  of  testing  of  light  commercial  vehicles 

and passenger cars from  a first  test after  the vehicles are four  years old and  thereafter 

every  two years  (4,2,2,2)  to a first  test  after  they  are three years  old  and then every 

year  thereafter  (3,1,1,1).  The  Commission  cannot  accept  an  increase  in the  testing 

of light commercial vehicles and passenger cars because some Member States are still, 

with major  efforts,  in the process of implementation of the minimum frequency  testing 

scheme  provided  for  by  the  Directive.  However,  the  Directive  setting  only  a 

minimum  testing  scheme,  several  other  Member  States  already  carry  out  tests  at  a 

higher  frequency  than  that provided  for  by  the  Directive. 

Amendment  to Annex  II.  point  8.2.  : 

introduces  a cold start petrol emission test for  pre catalyst cars and vans.  This is not 

acceptable  as cold  start  testing  is not  included  in the  vehicle's  original  approval  and 

so the roadworthiness  test could not be more severe in relation to what the vehicle was 

originally  designed  to  meet. 

B.  The  Commission  therefore  amends  its proposal  as  follows: 

Amendment  n°  1  adds  a  new  recital  (12a)  to  ensure  that  testing  is  'conducted 

methodically  and to  a high  standard'. 

3-

Amendment  n°  2  adds a new  recital  (12b)  to call  on the Commission  to report  on the 

'practical  application of  this Directive'. 

Amendment  n*  3  modifies  article  2  of  the  proposal  in  the  sense  that  it  provides  the 

obligation for  Member  States to establish  authorization  and control  systems  that ensure 

an acceptable  quality  standard  for testing  centres,  particularly  where they have the dual 

role of  roadworthiness  testing  and repair. 

-4 

Amended  proposal  for  a 

COUNCIL  DIRECTIVE 

ON  THE APPROXIMATION  OF THE LAWS  OF THE MEMBER  STATES 

RELATING  TO 

ROADWORTHINESS  TESTS  FOR MOTOR  VEHICLES 

AND THEIR  TRAILERS 

The  proposal  from  the Commission  forming  the  subject  of document  COM(95)415  final 
95/0226  (SYN)1  is hereby  amended  as  follows  : 

Initial  text  proposed  by  the  Commission 

Amended  text 

Amendment  n°  1 

Recital  12a (new) 

Whereas  each Member  State must 

ensure,  within  its own area  of 

jurisdiction,  that  roadworthiness  tests 

are  conducted  methodically  and  to a 

high  standard; 

Initial  text proposed  by  the  Commission 

Amended  text 

Amendment  n°  2 

Recital  12b (new) 

Whereas  the Commission  must  monitor 

the practical  application  of  this 

directive  and  report  to the  European 

Parliament  and  the  Council  at  regular 

interval  on  its  findings; 

OJ  N*  C 

5 -

Initial  text  proposed  by  the  Commission 

Amended  text 

Amendment  n°  3 

Article  2 

Roadworthiness  tests  within  the 

Roadworthiness  tests  within the 

meaning  of  this  Directive  shall  be 

meaning  of  this  Directive  shall  be 

carried  out  by  the  State  or  by bodies  or 

carried  out  by  the  State,  or  by  public 

establishments  designated  and  directly 

organizations  entrusted  with the  task, 

supervised  by  the  State. 

or  by bodies  or  establishments 

designated  and  directly  supervised  by 

the  State,  including  duly  authorized 

private  bodies.  In particular,  when 

establishments  designated  as  vehicle 

testing  centres  also  operate  as  motor 

vehicle  repair  workshops,  the  Member 

States  shall  ensure  the  objectivity  and 

high quality  of  vehicle  testing. 

Remainder  unchanged 

Done  at  Brussels 

For  the  Council 

6-

ISSN  0254-1475 

COM(96) 159  final 

DOCUMENTS 

EN 

06  07 

Catalogue number  : CB-CO-96-171-EN-C 

ISBN 92-78-02646-8 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

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