OPINION OF THE COMMISSION on the amendments proposed by the European Parliament to the Council's Common Position on the 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: 1996-12-06
Institutions: European Commission
Subjects: approximation of laws, commercial vehicle, motor vehicle, road safety, roadworthiness tests

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

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Brussels, 06.12.1996 
COM(96) 673  final 

95/0226  (SYN) 

OPINION OF THE COMMISSION 

on the amendments proposed by the European Parliament 

to the Council's Common Position 

on the 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 c (d) of the EC Treaty) 

1.  BACKGROUND 

1.1.  The objectives  of the Commission's  proposal  are : 

• 

the further  harmonization  and improvement of the checks on motor vehicles; 

• 

the  provision  for  the  testing  of  speed  limitation  devices  for  lorries  of  over 
12 tonnes  and  buses  and  coaches  of  over  10 tonnes,  with  as  a  consequence 
the extension  of the current  test  regarding  tachographs; 

•  a clarified  situation  with regard  to the vehicles of historical  interest,  taxis and 

ambulances; 

• 

• 

the  provision  for  immediate  removal  from  circulation  of  vehicles  that  do  not 
meet minimum  requirements  regarding  braking  systems and emissions,  and 

the  redrafting  of  the  oft-amended  Directive  77/143/EEC  into  a  single  clear 
consolidated  text. 

1.2.  The  Commission  approved  and  sent  the  proposal  to  Council  and  Parliament  on 

8 September  1995'. 

1.3.  The  opinion  of  the  Economic  and  Social  Committee,  which  was  delivered  on 

22 November  19952, was totally  favourable. 

1.4.  The  opinion  of  the  European  Parliament  at  its  first  reading  was  delivered  on 

29 February  1996-1. 
The Parliament  adopted  seven amendments. 
Commission  agreed  on  3  amendments;  their  tenor,  if  not  the  wording,  were 
taken  into account by the Council  in its Common Position. 

1 

2 

3 

OJ  NoC  193, 4.7.1996,p.5. 

OJ  NoC  39,  12.2.19%.  p. 24. 

OJ  NoC  78,  IX.3.1996,  p. 27. 

1.5.  The amended Commission proposal was forwarded  on 18 April 19964. 

1.6.  The  common  position  (EC)  No  38/96  was  adopted  by  the  Council  on 

18 June  1996s. 
The  common  position  corresponds  in  the  main  to  the  Commission  proposal,  as 
amended.  However,  the Council  made a number  of changes  to both  the  articles 
and  the Annex  II. 
In particular  : 

1.6.1.  The  option  for  the  Member  States  of  excluding  from  the  scope  of  this 
Directive  fire  appliances  and  vehicles  of  historic  interest  which  were 
manufactured  before  1  January  1960; 

1.6.2.  The  fixing  of  the  date  of  implementation  of  the  Directive  to  one  year 

after  its entry  into force(instead  of before  1.1.1996); 

1.6.3.  The  addition  of  a  new  paragraph  3  in  Article  11, replacing  the  fourth 
paragraph  proposed  by  the  Commission  for 
to 
Annex  II.  This  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'; 

introduction 

the 

1.6.4.  The  new  text  of  the  second  indent  of  point  7.9.  on  tachographs  in 
Annex  II,  with  reading  as  follows  :  check,  if  in  doubt,  whether  the 
nominal  circumference  or  size  of  tyre  matches  the  data  given  on  the 
tachograph plate;'. 

1.7.  Date of Commission  response to the Common Position: on 2 July  19966. 

1.8.  Date of announcement  of receipt by the European Parliament:  on  18 July  1996. 

2.  POSITION QF THE EUROPEAN  PARLIAMENT - SECOND REAPING 

On 24 October  19967 the  European  Parliament  amended  the common  position  adopted 
by  the Council  on  18 June  1996 on  the above-mentioned  proposal.  The three  adopted 
amendments,  one  of  which  was  already  rejected  by  the  Commission  and  the  Council 
following  the first  reading  of the European Parliament,  are at annex. 

4 

5 

6 

7 

OJ  NoC  193, 4.7.1996,  p. 31. 

OJ  No C 248, 26.8.1996,  p. 49. 

SEC(96) 1239 final  - 95/0226(SYN). 

OJ  NoC  347,  18.11.1996, p. 

3.  COMMISSION  POSITION 

Under  Article  189  C,  sub-paragraph  (d)  of  the  EC  Treaty,  the  Commission  has  re 
examined  its  proposal  and  decided  not  to  accept  any  of  the  amendments  of  the 
European  Parliament  at  its second  reading,  for  the following  reasons : 

•  Amendment  1  : 

The  first  amendment,  extending  the  possibility  of  carrying  out  more  stringent  and 
more  frequent  tests to all  standards,  and  not just  to braking  systems as at present,  is 
considered  by  the  Commission  to  be  contrary  to  the  Community  long  term  goal 
which  is to harmonise  testing  standards  - of course at levels  which guarantee  both a 
high  level of safety  and environmental  protection. 
Moreover,  such  a  provision  would  create  a  possibility  for  Member  Sates  to  set 
standards  at  the  roadworthiness  tests  which  are  higher  than the  standards  for  which 
the vehicles originally  were  approved. 
Finally,  the  application  of  different  standards  by  Member  States  would  jeopardize 
the objective  of the Directive  which  is to harmonize as far  as is practicable  the  rules 
on  roadworthiness  tests  in  order  to  ensure  that  road  traffic  within  the  Community 
operate  under  the  most  favourable  conditions  as  regards  safety,  environmental 
protection  and  competitive  conditions  applying  to  carriers  in  the  various  Member 
States. 

•  Amendment  2 : 

This  second  amendment,  requiring  the  reduction  to  three  years  and  one  year  in the 
intervals between  tests on vehicles weighing  less than 3.5  tonnes which  are used  for 
the  carriage  of  goods  (category  5)  and  the  extension  of  this  category  to  vehicles 
used  for  the  public  transport  of  passengers  (at  present  covered  within  category  6), 
is  not  sensible  at  a  time  when  some  Member  States  currently  benefit  from  a 
derogation,  accorded  under  Article  1 of  Directive  91/328/EEC8,  until  1.1.1998  for 
the public  transport  of  passengers  (part  of  category  6) from  the present  provisions. 
These  Member  States  would  find  it  too onerous  to  apply  such  a measure  given  the 
extra  infrastructure  that would be required. 

The third  amendment,  requiring  the re-establishment  of a ban on the use of  vehicles 
which  have  not  passed  the  braking  system  or  exhaust  gas  tests  (i.e.  the  fourth 
paragraph  to  the  introductory  note  to  Annex  II  of  the  draft  Directive,  which  had 
been  proposed  by  the  Commission  in  its  original  proposal9)  is  now  seen  as  being 
too  rigid  given  that  vehicles  could  fail  the  test  with  only  minor  defects.  Such  a 
measure  could  only  be practical  if a general  agreement  existed  on the  classification 
of  deficiencies  that,  for  instance,  could justify  an  immediate  ban,  a  short  period  to 

8  OJ  No L  178, 6.9.1991, p. 29. 

9  OJ  NoC  193,4.7.1996,  p.5. 

repair,  a longer  period  to repair or just a warning. 
Fherefore,  the  substituted  text  (Article  11.3 
in  the  common  position  of  the 
Council)  indicating  that  'Member  States  shall  adopt  the  measures  necessary  to 
implement  the  system  of  tests  laid  down  in  this  Directive  and  that  the  measures 
adopted  must be effective  proportionate  and dissuassive',  is more  appropriate. 

Therefore  the Commission  endorsed  the common position adopted  by the CounciL 

Annex: 3 amendments of the Parliament. 

EUROPEAN 

PARLIAMENT 

15 October  1996 

A4-0295/2 

AMENDMENT  2 
t a b l ed  by 

t he  C o m m i t t ee  on  T r a n s p o rt  a nd  T o u r i sm 

RECOMMENDATION  FOR  SECOND  READING 
R a p p o r t e u r:  Mr  B e l l e rè 

( A 4 - 0 2 9 5 / 9 6) 

ROADWORTHINESS  TESTS  FOR  MOTOR  VEHICLES 

Common  p o s i t i on  of 
( C 4 - 0 3 6 9 / 96 

-  9 5 / 0 2 2 6 ( S Y N) 

t he  C o u n c il 

Common  p o s i t i on  of 

t he  C o u n c il 

Amendment 

.JT- 

(Amendment  ^L) 
R e c i t al  19 

( 1 9)  W h e r e as  Member  S t a t es  may  make 

( 1 9)  W h e r e as 

Member 

t he  b r f l k i nq 
or 
i n c r e a se 
testing; 

t e st  more  s t r i n g e nt 
f r e q u e n cy  Q£ 

t he 

i n t r o d u ce  more 
or 

i n c r e a se 

thereof ; 

S t a t es 

s t r i n g e nt 
t he 

may 
££s_ts_ 
f r e q u e n cy 

-  Q- 

PE  2 5 2 . 7 1 3 /2 

EUROPEAN 

PARLIAMENT 

15 October  1996 

A4-0295/8 

AMENDMENT 8 
t a b l ed  by  t he  C o m m i t t ee  on  T r a n s p o rt  a nd  T o u r i sm 

RECOMMENDATION FOR SECOND READING 
R a p p o r t e u r:  Mr  B e l l e rè 

( A 4 - 0 2 9 5 / 9 6) 

ROADWORTHINESS  TESTS  FOR  MOTOR  VEHICLES 

Common  p o s i t i on  of 
( C 4 - 0 3 6 9 / 96  -  9 5 / 0 2 2 6 ( S Y N) 

t he  C o u n c il 

Common  p o s i t i on  of  t he  C o u n c il 

Amendment 

(Amendment  gU 
Annex  1 ( 5) 

C a t e g o r i es 
of  v e h i c le 

F r e q u e n cy 
t e s ts 
of 

C a t e g o r i es 
of  v e h i c le 

F r e q u e n cy 
t e s ts 
of 

5.  Motor  wahiclaa  having  at  laaat 
tour  wh««la.  a c n t l lT  uaad  Cor  tha 
road  carriage  of  oooda  and with  a 
•aw J a» «a parwlaalhla  a ut  not 
a»o««i1inq  3  SOO ko.  «•eluding 
agricultural  t r a c t o r»  and «achinsety 

four  yaara  aftar  tha  data on 
which  tha  vwhlcla  was  first 
uaad.  and tharaaftar  «vary 
two  raar» 

S. Motor vahiclaa having at laaat 
four whaala. noraally uaad Cor tha 
road caxrlaga of <jood» or for tha 
public tranaport of paaaonocr» and 
with a  mmMimin paralaalbla aaaa not 
axcaadlng 3 SOO kg. «xcluding 
agricultural tractor a and Machinery 

Thraa yaars attar ths data 
on which tha vahicla  «u 
flrrt uaad. and tharaaftar 
«vary y»«r 

-  1" 

PE  2 5 2 . 7 1 3 /8 

EUROPEAN 

PARLIAMENT 

15 October  1996 

A4 -0295/9 

AMENDMENT 9 
tabled  by the Conuiiittee on Transport  and Tourism 

RECOMMENDATION FOR SECOND READING 
Rapporteur: Mr Bellerè 

(A4-0295/96) 

ROADWORTHINESS TESTS FOR MOTOR  VEHICLES 

Common position of the Council 
(C4-0369/96 - 95/0226(SYN) 

Common position of the Council 

Amendment 

(Amendment 3) 
Annex II, introduction, 3rd paragraph a  (new) 

The  Member  States  must  nonetheless 
ensiiie.  that  vehicles  which  do  not 
requirements 
minimum 
meet 
relating  to  braking  systems  and 
exhaust  gases  are  not  used  en  the 
rûâsL. 

the 

PE 252.713/9 

ISSN 0254-1475 

COM(96) 673 final 

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06  07  15 

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ISBN 92-78-13452-X 

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