COMMON POSITION (EC) No 38/96 adopted by the Council on 18 June 1996 with a view to adopting Directive 96/.../EC of the Council on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers
Date: 1996-06-18
Institutions: Council of the European Union
Subjects: approximation of laws, commercial vehicle, motor vehicle, roadworthiness tests, safety device, transport regulations













EUR-Lex - 51996AG0826(03) - EN






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51996AG0826(03)

COMMON POSITION (EC) No 38/96 adopted by the Council on 18 June 1996 with a view to adopting Directive 96/.../EC of the Council on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers  


Official Journal C 248 , 26/08/1996 P. 0049 





COMMON  POSITION (EC) No 38/96adopted by the Council on 18 June 1996with a view to adopting Directive  96/. . ./EC of the Council on the approximation of the laws of the Member States relating to  roadworthiness tests for motor vehicles and their trailers(96/C 248/03)THE  COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 75  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189c of the Treaty (3), (1) Whereas Council Directive 77/143/EEC of 29 December 1976 on the approximation of the laws of  the Member States relating to roadworthiness tests for motor vehicles and their trailers (4) has  been substantially amended on a number of occasions; whereas, now that it is to be further amended,  the Directive should, for reasons of clarity, be consolidated into a single text; (2) Whereas, within the framework of the common transport policy, certain road traffic within the  Community should operate under the most favourable circumstances as regards both safety and  competitive conditions applying to carriers in the Member States; (3) Whereas the growth of road traffic and the resultant increase in danger and nuisances present  all Member States with safety problems of a similar nature and seriousness; (4) Whereas the present standards and methods of testing vary from one Member State to another and  this situation affects the equivalence of safety and environmental performance levels of tested  vehicles operating in the Member States; whereas, moreover, this state of affairs is likely to  disturb the conditions governing competition between transport undertakings of the various Member  States; (5) Whereas it is therefore necessary to harmonize as far as is practicable the frequency of tests  and the compulsory items to be tested; (6) Whereas testing during the life cycle of a vehicle should be relatively simple, quick and  inexpensive; (7) Whereas the minimum Community standards and methods to be used for testing the items listed in  Annex II should therefore be defined in separate Directives; (8) Whereas, as a transitional measure, national standards remain applicable in respect of items  not covered by separate Directives; (9) Whereas it is necessary to adapt rapidly to technical progress the standards and methods laid  down in the separate Directives and, in order to facilitate implementation of the measures required  for this purpose, to establish a procedure for close cooperation between the Member States and the  Commission within a Committee on the Adaptation to Technical Progress of Roadworthiness Tests; (10) Whereas with regard to braking systems it would be premature to set values for air pressure  settings and build-up times, etc., given the variance in the equipment and methods within the  Community; (11) Whereas it is the intention to amend this Directive further so as to include a harmonious and  improved test methodology; (12) Whereas, until such time as there are harmonized test procedures and practices, Member States  may use their judgement as to the test procedure they use to establish whether the vehicles in  question meet the braking requirements; (13) Whereas each Member State must ensure, within its own area of jurisdiction, that  roadworthiness tests are conducted methodically and to a high standard; (14) Whereas the Commission should verify the practical application of this Directive and report to  the European Parliament and the Council at regular intervals on its findings; (15) Whereas it is recognized by all concerned with vehicle testing that the method of testing and,  in particular, whether the vehicle is tested in a laden, part-laden or unladen condition, can  influence the degree of confidence testers have as to the roadworthiness of the braking system; (16) Whereas the prescription of brake force reference values for various laden conditions for each  vehicle model would help restore that confidence; whereas this Directive enables testing under this  regime as an alternative to testing against minimum performance values for each vehicle category; (17) Whereas with regard to braking systems the scope of this Directive relates in the main to  vehicles which have been granted component type-approval in accordance with Directive 71/320/EEC  (1) although it is recognized that certain types of vehicle have been granted such approval in  accordance with national standards which may differ from the requirements of this Directive; (18) Whereas Member States may extend the scope of the braking test to include vehicles or test  items outside the scope of this Directive; (19) Whereas Member States may make the braking test more stringent or increase the frequency of  testing; (20) Whereas this Directive is intended to maintain emissions at a low level throughout the useful  life of a vehicle by means of regular exhaust emission tests and to ensure that vehicles which are  major polluters are withdrawn from service until they are brought to a proper state of  maintenance; (21) Whereas bad tuning and inadequate maintenance are detrimental not only to the engine but also  to the environment since they cause increased pollution and fuel consumption; whereas it is  important that environment-friendly transport be developed; (22) Whereas in the case of compression-ignition (diesel) engines measurement of the opacity of the  exhaust fumes is deemed to be an adequate indicator of the condition of the vehicle's state of  maintenance, with regard to emissions; (23) Whereas for positive-ignition (petrol) engines measurement of carbon monoxide emissions from  the exhaust pipe when the engine is idling is deemed to be an adequate indicator of the vehicle's  state of maintenance, with regard to emissions; (24) Whereas the failure rate in exhaust-emission tests for vehicles which have not been regularly  maintained may well be high; (25) Whereas in the case of petrol-engined vehicles for which the type-approval standards specify  that they must be equipped with advanced emission control systems such as three-way catalytic  converters which are lambda-probe controlled, the regular emission test standards must be more  stringent than for conventional vehicles; (26) Whereas Member States may, if appropriate, exclude from the scope of this Directive certain  vehicles that are considered to be of historic interest; whereas they may also establish their own  testing standards for such vehicles; whereas, however, such a right must not lead to the  application of stricter standards than those which the vehicles concerned were originally designed  to meet; (27) Whereas it must be possible to adapt this Directive from time to time to take account of  developments in vehicle construction which facilitate in-service testing and in test methods which  reflect more closely the actual conditions in which a vehicle is used; (28) Whereas Council Directive 92/6/EEC (2) requires the installation and use of speed limitation  devices in certain categories of road vehicles; (29) Whereas pending developments in the technology of speed-limitation devices which would make it  easier to monitor them, certain parts of such devices may nevertheless already undergo a series of  checks at the roadworthiness test where this is possible; (30) Whereas the correct functioning of speed limitation devices is currently left to Member States  to determine using whatever means they consider to be appropriate; whereas it is the intention to  harmonize the test methods and standards in due course; (31) Whereas the Commission should assess in-service checks on the correct functioning of  speed-limitation devices and submit a report to the Council; whereas the conclusions of that report  will form the basis of any further proposals for changes in the rules applicable to  speed-limitation devices; (32) Whereas technical requirements relating to taxis and ambulances are similar to those for  private cars; whereas the items to be checked may therefore be similar, although the frequency of  tests is different; (33) Whereas in view of the expected impact of this Directive on the sector in question and in the  light of the principle of subsidiarity, the Community measures provided for in this Directive are  necessary to achieve harmonization of the rules on roadworthiness tests, to prevent distortion of  competition between road hauliers and to guarantee that vehicles are properly checked and  maintained; whereas these aims could not be achieved in full by the Member States acting  individually; (34) Whereas this Directive makes no difference to the obligations of the Member States concerning  the deadlines for transposition into national law and for implementation of the Directives which  have been repealed, HAS ADOPTED THIS DIRECTIVE: CHAPTER I General provisions Article 1 1. In each Member State, motor  vehicles registered in that State and their trailers and semi-trailers shall undergo periodic  roadworthiness tests in accordance with this Directive and in particular its Annexes I and II. 2. The categories of vehicles to be tested, the frequency of the roadworthiness tests and the items  which must be tested are listed in Annexes I and II. Article 2 The roadworthiness tests provided for in this Directive shall be carried out by the  State, or by a public body entrusted with the task 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 perform motor vehicle  repairs, Member States shall make every effort to ensure the objectivity and high quality of the  vehicle testing. Article 3 1. Member States shall take such measures as they deem necessary to make it possible to  prove that a vehicle has passed a roadworthiness test complying with at least the provisions of  this Directive. These measures shall be notified to the other Member States and to the Commission. 2. Each Member State shall, on the same basis as if it had itself issued the proof, recognize the  proof issued in another Member State showing that a motor vehicle registered on the territory of  that other State, together with its trailer or semi-trailer, have passed a roadworthiness test  complying with at least the provisions of this Directive. 3. Member States shall apply suitable procedures to establish, as far as practicable, that the  brake performance of the vehicles registered in their territory meets the requirements specified in  this Directive.CHAPTER II Exceptions and derogations Article 4 1. Member States shall have the  right to exclude from the scope of this Directive vehicles belonging to the armed forces, the  forces of law and order and the fire service. 2. Member States may, after consulting the Commission, exclude from the scope of this Directive or  subject to special provisions, certain vehicles operated or used in exceptional conditions and  vehicles which are never, or hardly ever, used on public highways, including vehicles of historic  interest manufactured before 1 January 1960 or which are temporarily withdrawn from circulation. 3. Member States may, after consulting the Commission, set their own testing standards for vehicles  considered to be of historic interest. Article 5 Notwithstanding the provisions of Annexes I and II, Member States may: - bring forward the date for the first compulsory roadworthiness tests and, where appropriate,  submit the vehicle for testing prior to registration, - shorten the interval between two successive compulsory tests, - make the testing of optional equipment compulsory, - increase the number of items to be tested; - extend the periodic test requirement to other categories of vehicles, - prescribe special additional tests, - require for vehicles registered on their territory higher minimum standards for braking  efficiency than those specified in Annex II and may include a test on vehicles with heavier loads  provided such requirements do not exceed those of the vehicle's original type-approval. Article 6 1. By way of derogation from the provisions of Annexes I and II, and until 1 January  1993, Member States may: - postpone the date of the first compulsory roadworthiness test, - extend the interval between two successive compulsory roadworthiness tests, - reduce the number of items to be tested, - amend the categories of vehicles subject to compulsory roadworthiness tests. provided that all the light commercial vehicles referred to in section 5 of Annex I are required to  undergo roadworthiness tests in accordance with this Directive before that date. However, in Member States where there was no system of regular roadworthiness testing comparable to  that intended by this Directive for this category of vehicles as at 28 July 1988, paragraph 1 shall  apply until 1 January 1995. 2. With regard to the private cars referred to in section 6 of Annex I, paragraph 1 shall apply  until 1 January 1994. However, in Member States where there was no system of regular roadworthiness testing comparable to  that intended by this Directive for this category of vehicles as at 31 December 1991, paragraph 1  shall apply until 1 January 1998.CHAPTER III Final provisions Article 7 1. The Council, acting  by a qualified majority on a proposal from the Commission, shall adopt the separate Directives  necessary to define the minimum standards and methods for testing the items listed in Annex II. 2. Any amendments which are necessary to adapt the standards and methods defined in the separate  Directives to technical progress shall be adopted in accordance with the procedure laid down in  Article 8. Article 8 1. The Commission shall be assisted by a Committee on the Adaptation to Technical  Progress of the Directive on Roadworthiness Tests for motor vehicles and their trailers,  hereinafter referred to as the 'Committee`, which shall consist of representatives of the Member  States with a representative of the Commission in the chair. 2. The Committee shall adopt its own rules of procedure. 3. The representative of the Commission shall submit to the Committee a draft of the measures to be  taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman  may lay down according to the urgency of the matter. The opinion shall be delivered by the majority  laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required  to adopt on a proposal from the Commission. The votes of the representatives of the Member States  within the Committee shall be weighted in the manner set out in the abovementioned Article. The  chairman shall not vote. 4. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion  of the Committee. (b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no  opinion is delivered, the Commission shall, without delay, submit to the Council a proposal  relating to the measures to be taken. The Council shall act by a qualified majority. If, within three months of the submission of the proposal to the Council, the Council has not  acted, the proposed measures shall be adopted by the Commission. Article 9 1. The Commission shall, no later than 31 December 1998, submit a report to the Council  on the implementation of roadworthiness testing of private cars, accompanied by any proposal deemed  necessary, with particular reference to the frequency and content of tests. 2. No later than three years after the introduction of regular testing of speed limitation devices,  the Commission shall examine whether, on the basis of the experience gained, the tests laid down  are sufficient to detect defective or manipulated speed limitation devices or whether the rules  need to be amended. Article 10 The Directives listed in Annex III, Part A are hereby repealed as from the date  indicated in Article 11, without prejudice to the obligations of the Member States concerning the  deadlines for transposition and implementation set out in Annex III, Part B. References to the repealed Directives shall be construed as reference to this Directive and should  be read in accordance with the correlation tables set out in Annex IV. Article 11 1. Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive no later than [...] (*). They shall forthwith  inform the Commission thereof. When Member States adopt these provisions, they shall contain a reference to this Directive or be  accompanied by such reference at the time of their official publication. The methods of making such  reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the texts of the provisions of national law  which they adopt in the field governed by this Directive. 3. Member States shall adopt the measures necessary to implement the system of tests laid down in  this Directive. The measures adopted must be effective, proportionate and dissuasive. Article 12 This Directive shall enter into force on the twentieth day following that of its  publication in the Official Journal of the European Communities. Article 13 This Directive is addressed to the Member States. Done at Brussels . . . For the CouncilThe President(*) One year after the Directive enters into force. (1) OJ No C 193, 4. 7. 1996, p. 1 and 5 and amended proposal forwarded on 18 April  1996. (2) OJ No C 39, 12. 2. 1996, p. 24. (3) European Parliament opinion of 29 February 1996 (OJ No C 78, 18. 3. 1996, p. 27), Council  common position of . . . (not yet published in the Official Journal) and European Parliament  Decision of . . . (not yet published in the Official Journal). (4) OJ No L 47, 18. 2. 1977, p. 47. Directive as last amended by Commission Directive 94/23/EC (OJ  No L 147, 14. 6. 1994, p. 6). (1) 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 their trailers  (OJ No L 202, 6. 9. 1971, p. 37). As last amended by Directive 91/422/EEC (OJ No L 233, 22. 8.  1991, p. 21). (2) Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation  devices for certain categories of motor vehicles in the Community (OJ No L 57, 2. 3. 1992, p. 27). ANNEX I CATEGORIES OF VEHICLES SUBJECT TO ROADWORTHINESS TESTS AND FREQUENCY OF THE  TESTS >TABLE> ANNEX II ITEMS TO BE COMPULSORILY TESTED The test must cover at least the items listed  below, provided that these are related to the obligatory equipment of the vehicle being tested in  the Member State concerned. The tests covered by this Annex may be carried out visually without disassembly of vehicle parts. Where the vehicle is found to be defective with regard to the test items below, the competent  authorities in the Member States must adopt a procedure for setting the conditions under which the  vehicle may be used before passing another roadworthiness test. However, Member States should take care that vehicles not meeting the minimum provisions regarding  braking systems and emissions shall not circulate on roads. VEHICLES IN CATEGORIES 1, 2, 3, 4, 5 AND 61. Braking systemsThe following items are to be  included in the roadworthiness test of vehicle braking systems. The test results achieved during  the checks on the braking systems must be equivalent as far as is practicable to the technical  requirements of Directive 71/320/EEC (1). >TABLE>>TABLE>VEHICLES IN CATEGORIES 1, 2, 3, 4, 5 AND 68.2 Exhaust  emissions8.2.1 Motor vehicles equipped with positive-ignition (petrol) engines(a) Where the  exhaust emissions are not controlled by an advanced emission control system such as a three-way  catalytic converter which is lambda-probe controlled: 1. Visual inspection of the exhaust system in order to check that there are no leakages. 2. If appropriate, visual inspection of the emission control system in order to check that the  required equipment has been fitted. After a reasonable period of engine conditioning (taking account of the vehicle manufacturer's  recommendations) the carbon monoxide (CO) content of the exhaust gases is measured when the engine  is idling (no load). The maximum permissible CO content in the exhaust gases is that stated by the vehicle manufacturer.  Where this information is not available or where Member States' competent authorities decide not to  use it as a reference value, the CO content must not exceed the following: - for vehicles registered or put into service for the first time between the date from which Member  States required the vehicles to comply with Directive 70/220/EEC (1) and 1 October 1986: CO: 4,5 % vol, - for vehicles registered or put into service for the first time after 1 October 1986: CO: 3,5 % vol. (b) Where the exhaust emissions are controlled by an advanced emission control system such as a  three-way catalytic converter which is lambda-probe controlled: 1. Visual inspection of the exhaust system in order to check that there are no leakages and that  all parts are complete. 2. Visual inspection of the emission control system in order to check that the required equipment  has been fitted. 3. Determination of the efficiency of the vehicle's emission control system by measuring the lambda  value and the CO content of the exhaust gases in accordance with section 4 or with the procedures  proposed by the manufacturers and approved at the time of type-approval. For each of the tests the  engine is conditioned in accordance with the vehicle manufacturer's recommendations. 4. Exhaust pipe emissions - limit values- Measurement at engine idling speed: The maximum permissible CO content in the exhaust gases is that stated by the vehicle manufacturer.  Where this information is not available, the maximum CO content must not exceed 0,5 % vol. - Measurement at high idle speed, engine speed to be at least 2 000 min-1: CO content: maximum 0,3 % volLambda: 1 p 0,03 in accordance with the manufacturer's  specifications. 8.2.2 Motor vehicles equipped with compression ignition (diesel) enginesMeasurement of exhaust  gass opacity with free acceleration (no load from idling up to cut-off speed). The level of  concentration must not exceed the level recorded on the plate pursuant to Directive 72/306/EEC (2).  Where this information is not available or where Member States' competent authorities decide not to  use it as a reference, the limit values of the coefficient of absorption are as follows: Maximum coefficient of absorption for: - naturally aspirated diesl engines = 2,5 m-1, - turbo-charged diesel engines = 3,0 m-1or equivalent values where use is made of equipment of a  type different from that used for EC type-approval. Vehicles registered or put into service for the first time before 1 January 1980 are exempted from  these requirements. 8.2.3 Test equipementVehicle emissions are tested using equipment designed to establish accurately  whether the limit values prescribed or indicated by the manufacturer have been complied with. 8.2.4 Where, during EC type-approval, a type of vehicle is found not to have satisfied the limit  values laid down by this Directive, the Member States may lay down higher limit values for that  type of vehicle on the basis of proof supplied by the manufacturer. They must forthwith inform the  Commission thereof and it in turn must inform the other Member States. >TABLE>(1) 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  emissions from motor vehicles (OJ No L 76, 9. 3. 1970, p. 1) and corrigendum (OJ No L 81, 11. 4.  1970, p. 15), as last amended by European Parliament and Council Directive 94/12/EC (OJ No L 100,  19. 4. 1994, p. 42). (2) Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member  States relating to the measures to be taken against the emission of pollutants from diesel engines  for use in vehicles (OJ No L 190, 20. 8. 1972, p. 1), as last amended by Commission Directive  89/491/EEC (OJ No L 238, 15. 8. 1989, p. 43).  ANNEX III PART A Repealed Directives(referred to in Article 10)Council Directive  77/143/EEC of 29 December 1976 on the approximation of the laws of the Member states relating to  roadworthiness tests for motor vehicles and their trailers and the Directives amending that  Directive: - Council Directive 88/449/EEC, - Council Directive 91/225/EEC, - Council Directive 91/328/EEC, - Council Directive 92/54/EEC, - Council Directive 92/55/EEC, - Commission Directive 94/23/EEC. PART B >TABLE> ANNEX IV >TABLE>>TABLE>>TABLE> STATEMENT OF THE COUNCIL'S REASONS I. INTRODUCTION On 8 September 1995 the  Commission forwarded to the Council a proposal for a Directive based on Article 75 of the EC Treaty  on the approximation of the laws of the Member States relating to roadworthiness tests for motor  vehicles and their trailers (1). The European Parliament delivered its opinion on 29 February 1996 (2) and the Economic and Social  Committee delivered is opinion on 22 November 1995 (3). In the light of these opinions the Commission sent an amended proposal to the Council on 18 April  1996 (4). On 18 June 1996 the Council adopted its common position in accordance with Article 189c of the EC  Treaty. II. OBJECTIVE OF THE PROPOSAL The aim of the amended Commission proposal is to  extend the scope of Directive 77/143/EEC (5) in order to ensure that road traffic within the  Community operates under the most favourable conditions as regards both safety and competitive  conditions applying to carriers in the various Member States. It is also intended to combine  Directive 77/143/EEC and the Directives which have amended it in a single text. The amendments envisaged in the Commission proposal are as follows: (i) the Commission wants to include speed limitation devices in the framework of Community  roadworthiness testing to avoid distortions of competition between road hauliers arising from  differences in the roadworthiness tests carried out in the various Member States. In the absence of  common standards, speed limitation devices are either not tested or are tested on the basis of  national standards which vary from one Member State to another. More specifically, the proposal provides for the inclusion of speed limitation devices in the list  of compulsory test items contained in Annex II by adding a new point 7.10; (ii) given that speed limitation devices are generally connected to the tachograph fitted on  vehicles currently used by professional drivers, the proposal contains an amendment to point 7.9 in  Annex II, which currently reads as follows: '7.9 Tachograph (presence and seals)`. The aim of the  amendment is to add checks for the presence of the tachograph on the vehicle, checks on the  validity of the tachograph plate, checks, if required, whether tyre nominal circumference matches  the data given on the tachograph plate and, where practical, checks that the seals are intact; (iii) Article 4 (3) of the proposal makes provision for Member States to establish their own  testing standards for vehicles that are considered to be of historic interest, thus amending  Article 4 of Commission Directive 94/23/EC, which restricts that option to fixing the testing  standards for braking efficiency; (iv) in Annex II of the proposal, vehicle category 4 - taxis and ambulances - is transferred from  the left-hand column to the right-hand column to join vehicle categories 5 and 6, so that the  compulsory test items for taxis and ambulances are no longer the same as those applicable to  private cars, although the frequency of the technical test differs; (v) a fourth paragraph has been added to the introductory note to Annex II of the proposal,  stipulating that Member States shall make provision for immediate removal from circulation of  vehicles that do not meet minimum requirements regarding braking systems and emissions. III. ANALYSIS OF THE COMMON POSITION OF THE COUNCIL The common position of the  Council corresponds in the main to the Commission proposal. A number of amendments have, however,  been made to the Commission proposal. The amendments are: - the addition in Article 4 (1) of the option for the Member States of excluding vehicles belonging  to firemen from the scope of this Directive, - the addition in Article 4 (2) of the option for the Member States of excluding vehicles of  historic interest manufactured before 1 January 1960 from the scope of this Directive after  consulting the Commission, - fixing the date of implementation of the Directive, in Article 11 (1), as one year after its  entry into force, - the addition in Article 11 to the draft Directive of a new paragraph 3, replacing the fourth  paragraph proposed by the Commission for the introduction to Annex II. The paragraph states that  Member States must adopt the measures necessary to implement the system of tests laid down in this  Directive and that the measures must be effective, proportionate and dissuasive, - the amendment in Annex II to the draft Directive of the second indent of point 7.9 on  tachographs, with the new text reading as follows: '- check, if in doubt, whether the nominal circumference or size of type matches the data given on  the tachograph plate;`. IV. EUROPEAN PARLIAMENT AMENDMENTS 1. European Parliament amendments accepted  by the Commission and adopted by the CouncilThe Council followed the Commission proposal by  adopting the tenor if not the wording of the following European Parliament amendments: - in the 13th recital, Amendment 2 involving introduction of a new recital into the Directive  relating in particular to Article 2, the quality of roadworthiness tests and the arrangements for  those tests, - in the 14th recital, Amendment 3 involving introduction of a new recital into the Directive once  again aimed at ensuring the effectiveness of the tests and laying down that the Commission will  itself ensure the practical application of this Directive and report to the European Parliament and  the Council at regular intervals on the findings, - in Article 2, Amendment 8 which lays down that the Member States shall ensure the objectivity and  high quality of vehicle testing in both public and private testing centres.2. European Parliament amendments not accepted by the Commission or the CouncilThe Council did not  adopt: - Amendment 1 involving insertion in the Directive of a recital referring to the European  Parliament Resolution on official codification. The common position of the Council includes  significant new elements and amounts to a re-formulation of Directive 77/143/EEC and, at the same  time, combination of the provisions in a single text, - Amendment 10 involving insertion in the Directive of a recital requiring the Commission to submit  a report to the European Parliament and the Council before the end of 1996 on the feasibility of  extending roadworthiness tests to two and three-wheeled vehicles. The Council considers it  premature at this stage to extend the scope of the Directive, - Amendment 6 on increasing the minimum frequency of the testing of light goods vehicles. The  Council considers that the Member States are not all capable at the moment of applying such a  measure given the infrastructure it would require, - Amendment 7 on amending the ways of testing the carbon monoxide (CO) content of the exhaust gases  in motor vehicles equipped with petrol engines by laying down that the test shall begin with a cold  start. The Council considers that vehicles without catalysers would be penalized because testing  beginning with a cold start is not included in the type-approval for such vehicles. (1) OJ No C 193, 4. 7. 1996, p. 5. (2) OJ No C 78, 18. 3. 1996, p. 26. (3) OJ No C 39, 12. 2. 1996, p. 24. (4) OJ No C 193, 4. 7. 1996, p. 1. (5) Council Directive 77/143/EEC of 29 December 1976 on the approximation of the laws of the Member  States relating to roadworthiness tests for motor vehicles and their trailers. (OJ No L 47, 18. 2.  1977, p. 47). Directive as last amended and for the sixth time by Commission Directive 94/23/EC (OJ  No L 147, 14. 6. 1994, p. 6.).