Common Position (EC) No 10/2000 of 2 December 1999 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community
Date: 1999-12-02
Institutions: Council of the European Union
Subjects: commercial vehicle, intra-EU transport, road transport, roadworthiness tests, transport regulations

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 10/2000

adopted by the Council on 2 December 1999

with a view to adopting Directive 1999/.../EC of the European Parliament and of the Council of ...
on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in
the Community

(2000/C 29/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

checks on the roadworthiness of commercial vehicles, in
accordance with Directive 96/96/EC of 20 December
1996 on the approximation of the laws of the Member
States relating to roadworthiness tests for motor vehicles
and their trailers (4), ensure that these vehicles undergo an
inspection by an authorised body every year;

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 71(1)(c) and (d) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

Whereas:

(1)

(2)

the growth of traffic presents all Member States with
safety and environmental problems of a similar nature
and seriousness;

is in the interests of road safety, environmental
it
protection and equitable competition that commercial
vehicles should be used only if they are maintained to a
high degree of technical roadworthiness;

(4) Article 4 of Directive 94/12/EC (5) provides for a multi-
directional approach to the cost/effectiveness aspects of
the measures intended to reduce the pollution caused
by road transport; whereas the European ‘Auto-oil I’
programme incorporated that approach and gave an
objective assessment of all the most profitable measures
in the fields of vehicle technology, fuel quality, monitor-
ing and maintenance as well as non-technical measures,
in order to reduce emissions by road transport;

(1) OJ C 190, 18.6.1998, p. 10.
(2) OJ C 407, 28.12.1998, p. 112.
(3) Opinion of the European Parliament of 9 February 1999, (OJ
C 150, 28.5.1999, p. 27), Council Common Position of
2 December 1999 and Decision of the European Parliament of ...
(not yet published in the Official Journal).

(4) OJ L 46, 17.2.1997, p. 1. Directive as amended by Commission

Directive 1999/52/EC (OJ L 142, 5.6.1999, p. 26).

(5) Directive 94/12/EC of the European Parliament and of the Council
of 23 March 1994 relating to measures to be taken against air
pollution by emissions from motor vehicles and amending
Directive 70/220/EEC (OJ L 100, 19.4.1994, p. 42).

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(5)

(6)

(7)

(8)

(9)

in view of that approach, the European Parliament and
the Council adopted Directive 98/70/EC (1), intended to
improve fuel quality and, with a view to laying down
stricter emission standards, Directive 98/69/EC (2), for
private motor cars and light commercial vehicles and
Directive 1999/.../EC (3) for heavy goods vehicles;

(11) in the event of serious deficiencies in a vehicle inspected
it must be possible to ask the competent authorities of
the Member State in which the vehicle is registered or in
which the vehicle was brought into service to take
appropriate measures and inform the requesting Member
State of any follow-up measures taken;

this Directive forms part of the same approach, but it
would appear to be more effective from the point of view
of environmental protection not at this stage to tighten
the standards laid down for roadworthiness tests in
Directive 96/96/EC but to provide for technical roadside
inspections in order to ensure application of that Directive
throughout the year;

(12) the measures necessary for implementing this Directive
shall be adopted in accordance with Council Deci-
sion/1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures for the exercise of
conferred on the Commission (4);

the regulated annual roadworthiness test is in fact con-
sidered not to be sufficient to guarantee that commercial
vehicles tested are in roadworthy condition throughout
the year;

effective enforcement through targeted additional techni-
cal roadside inspection is an important cost-effective
measure to control
the standard of maintenance of
commercial vehicles on the road;

(13) in accordance with the subsidiarity and proportionality
principles as set out
in Article 5 of the Treaty, the
objectives of the proposed action, namely to establish a
regime of roadside inspections of commercial vehicles
circulating in the Community, cannot be sufficiently
achieved by the Member States and can, therefore, by
reason of the scale of the action be better achieved by the
Community; this Directive does not go beyond what is
necessary for that purpose,

HAVE ADOPTED THIS DIRECTIVE:

roadside roadworthiness inspections should be carried
out without discrimination on grounds of the nationality
of the driver or of the country of registration or entry
into service of the commercial vehicle;

Article 1

(10) the method of inspection selection should be based on a
targeted approach, giving greatest effort to identifying
vehicles that seem most likely to be poorly maintained
and thereby enhancing the authorities’ operational effec-
tiveness and minimising the costs and delays to drivers
and operators;

(1) Directive 98/70/EC of the European Parliament and of the Council
of 13 October 1998 relating to the quality of petrol and diesel
fuels and amending Council Directive 93/12/EEC (OJ L 350,
28.12.1998, p. 58).

(2) Directive 98/69/EC of the European Parliament and of the Council
of 13 October 1998 relating to measures to be taken against air
pollution by emissions from motor vehicles and amending
Council Directive 70/220/EEC (OJ L 350, 28.12.1998, p. 1).
(3) Directive 1999/.../EC of the European Parliament and of the
Council of ... on the approximation of the laws of the Member
States relating to measures to be taken against the emission of
gaseous and particulate pollutants from compression ignition
engines for use in vehicles, and the emission of gaseous pollutants
from positive ignition engines fuelled with natural gas or liquefied
petroleum gas for use in vehicles and amending Council Directive
88/77/EEC (OJ L ...).

1.
In order to improve road safety and the environment,
the purpose of this Directive shall be to ensure that commercial
vehicles circulating within the territories of the Member States
of the Community comply more fully with certain technical
conditions imposed by Directive 96/96/EC.

2.
This Directive establishes certain conditions for roadside
inspections of the roadworthiness of commercial vehicles
circulating within the territory of the Community.

3. Without prejudice to Community regulations, this Direc-
tive shall not, however, affect the Member States’ right to carry
out inspections not covered by this Directive or to check other
aspects of road transport,
in particular those relating to
commercial vehicles. On the other hand, there is nothing to
prevent a Member State, in the context of inspections not
covered by the scope of this Directive, from checking the items
listed in Annex I in places other than on the public highway.

(4) OJ L 184, 17.7.1999, p. 23.

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Article 2

For the purposes of this Directive:

An inspection of

2.
the braking systems and exhaust
emissions shall be carried out in accordance with the rules laid
down in Annex II.

(a)

‘commercial vehicle’ shall mean those motor vehicles and
trailers defined in categories 1, 2 and 3 of Annex I to
Directive 96/96/EC;

(b) ‘technical roadside inspection’ shall mean an inspection of
a technical nature, not announced by the authorities and
therefore unexpected, of a commercial vehicle circulating
within the territory of a Member State carried out on
the public highway by the authorities, or under their
supervision;

(c)

‘roadworthiness test’ shall mean a test of a vehicle’s
technical roadworthiness as provided for in Annex II to
Directive 96/96/EC.

Article 3

1.
Each Member State shall introduce technical roadside
inspections such as will achieve the objectives stated in
Article 1 as regards commercial vehicles covered by this
Directive, bearing in mind the national arrangements appli-
cable to such vehicles under Directive 96/96/EC.

Every technical roadside inspection shall be carried out
2.
without discrimination on grounds of the nationality of the
driver or of the country of registration or entry into service of
the commercial vehicle, bearing in mind the need to minimise
the costs and delays entailed for drivers and operators.

Article 4

A technical roadside inspection shall comprise one, two

1.
or all of the following aspects:

(a) a visual assessment of the maintenance condition of the

commercial vehicle when stationary;

(b) a check on a recent roadside technical inspection report as
referred to in Article 5 or on the documentation attesting
to the vehicle’s technical roadworthiness and in particular,
in the case of a vehicle registered or put into service in a
Member State, proof that the commercial vehicle has
undergone a statutory technical roadworthiness test in
accordance with Directive 96/96/EC;

(c) an inspection for irregularities covering one, more than
one or all of the items to be checked listed in Annex I,
point 10.

Before carrying out an inspection of the items listed in
3.
Annex I, point 10, the inspector shall take into consideration
the last roadworthiness certificate and/or a recent technical
roadside inspection report which the driver may produce.

The inspector may also take into consideration any other
safety certificate issued by an approved body, presented, where
appropriate, by the driver.

Where these certificates and/or report prove that an inspection
of one of the items listed in Annex I, point 10, has been carried
out in the course of the preceding three months, that item
shall not be checked again, except where justified in particular
on the grounds of an obvious defect and/or irregularity.

Article 5

1.
The technical roadside inspection report relating to the
inspection referred to in Article 4(1)(c) shall be drawn up by
the authority or inspector having carried it out. A specimen
report is contained in Annex I, point 10 of which contains a
checklist. The authority or inspector must tick the relevant
boxes. The report must be given to the driver of the commercial
vehicle.

If the authority or the inspector considers that deficienci-
2.
es in the maintenance of a commercial vehicle may represent
a safety risk such that, as regards the brakes in particular,
further examination is justified, the commercial vehicle may
be subjected to a more elaborate test at a testing centre in the
vicinity, designated by the Member State, in accordance with
Article 2 of Directive 96/96/EC.

If it becomes clear that a commercial vehicle presents a serious
risk to its occupants or other road users either during the
roadside inspection referred to in Article 4(1) or during the
more elaborate test referred to in the first subparagraph of this
paragraph, use of that vehicle may be prohibited until the
dangerous deficiencies discovered have been rectified.

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Article 6

Article 8

Every two years, before 31 March, Member States shall com-
municate to the Commission the data collected relating to the
previous two years concerning the number of commercial
vehicles checked, classified by category in accordance with
Annex I, point 6 and by the country of registration, and the
items checked and defects noted, on the basis of Annex I,
point 10.

Any amendments which are necessary to adapt Annex I or the
technical standards defined in Annex II to technical progress
shall be adopted in accordance with the procedure laid down
in Article 9(2).

Such amendments must not, however, result in the scope of
this Directive being extended.

The first data submitted shall cover a period of two years
beginning on 1 January ... (*).

Article 9

The Commission shall forward this information to the Euro-
pean Parliament.

Article 7

1. Member States shall assist one another in applying this
Directive. In particular, they shall provide each other with
details of the office(s) responsible for carrying out the checks
and of the names of contact persons.

Serious deficiencies in a commercial vehicle belonging
2.
to a non-resident, in particular those resulting in a ban on
using the vehicle, shall be reported to the competent authorities
of the Member State in which the vehicle is registered or has
been put into service by means of the specimen report in
Annex I, without prejudice to the prosecution in accordance
with the legislation in force in the Member States in which the
deficiency was recorded.

Without prejudice to Article 5, the competent authorities of
the Member State in which a serious deficiency has been found
in a commercial vehicle belonging to a non-resident may ask
the competent authorities of the Member State in which the
vehicle is registered or has been put into service to take
appropriate measures with regard to the offender, for example
submitting the vehicle to a further roadworthiness inspection.

The competent authorities to which such a request is made
shall notify the competent authorities of the Member State in
which the deficiencies of the commercial vehicle were found
of any measures taken with regard to the offender.

The Commission shall be assisted by the Committee on
1.
the Adaptation to Technical Progress set up pursuant to
Article 8 of Directive 96/96/EC, hereinafter referred to as ‘the
Committee’.

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, in compliance
with the provisions of Article 8 thereof.

The period provided for
1999/468/EC shall be laid down as three months.

in Article 5(6) of Decision

3.

The Committee shall adopt its rules of procedure.

Article 10

Within a year of receiving the data referred to in Article 6
from the Member States, the Commission shall submit to the
Council a report on the application of this Directive together
with a summary of the results achieved.

The first report shall cover the period of two years beginning
on 1 January ... (*).

Article 11

1.
The Member States shall bring into force the laws,
regulations and administrative provisions necessary for them
to comply with this Directive no later than ... (**). They shall
forthwith inform the Commission thereof.

2. When the Member States adopt those measures they
shall include references to this Directive or shall add such
references on their official publication. The Member States
shall lay down the manner in which such references shall be
made.

(*) Two years from 1 January of the date following the date of entry

(**) Two years as from the date of the entry into force of this

into force of this Directive.

Directive.

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3.
The Member States shall communicate to the Com-
mission the texts of the provisions of national law that they
adopt in the field governed by this Directive.

Article 13

This Directive is addressed to the Member States.

Article 12

Done at ...

This Directive shall enter into force on the day of its publication
in the Official Journal of the European Communities.

For the European Parliament

For the Council

The President

The President

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ANNEX I

SPECIMEN TECHNICAL ROADSIDE INSPECTION REPORT INCORPORATING A CHECKLIST

(Directive 1999/.../EC)

1. Place of check . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. Vehicle nationality mark and registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. Trailer/semi-trailer nationality mark and registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. Class of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)

(d)

Light goods vehicle (3,5 to 12 t) (1)

Trailer (2)

Road train (3)

Bus or coach (4)

(e)

(f)

(g)

Lorry (more than 12 t) (5)

Semi-trailer (6)

Articulated vehicle (7)

7. Undertaking carrying out transport/address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. Nationality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9. Driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1) Motor vehicles with at least four wheels and used for the carriage of goods and having a maximum mass exceeding 3,5 t but not

exceeding 12 t (category N2).

(2) Any vehicle intended to be coupled to a motor vehicle, with the exception of semi-trailers, which because of its design and
equipment is used for the carriage of goods; trailers of a maximum mass exceeding 3,5 t but not exceeding 10 t (category 03);
trailers of a maximum mass exceeding 10 t (category 04).

(3) Motor vehicle intended for the carriage of goods, with a maximum mass exceeding 3,5 t (categories N2 and N3) coupled to a

trailer (categories 03 and 04).

(4) Motor vehicle with at least four wheels used for the carriage of passengers, comprising more than eight seats in addition to the

driver’s seat (categories M2 and M3).

(5) Motor vehicles with at least four wheels and used for the carriage of goods and having a maximum mass exceeding 12 t

(category N3).

(6) Any vehicle intended to be coupled to a motor vehicle in such a way that part of the semi-trailer rests on the motor vehicle and
a substantial part of its weight or of the weight of its load is supported by that vehicle and which, because of its design and
equipment, is used for the carriage of goods (categories 03 and 04).

(7) Towing vehicle coupled to a semi-trailer.

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checked

not
checked

failed

10. Checklist:

(a) braking system and components (1)

(b) exhaust system (1)

(c) smoke opacity (diesel) (1)

(d) gaseous emissions

(petrol, natural gas or liquefied petroleum gas (LPG) (1)

(e) steering linkages

(f) lamps, lighting and signalling devices

(g) wheels/tyres

(h) suspension (visible defects)

(i) chassis (visible defects)

(j) tachograph (installation)

(k) speed limiting device (installation)

(l) evidence of fuel and/or oil spillage

11. Result of inspection:

Ban on using the vehicle, which has
serious defects

12. Miscellaneous/remarks

13. Authority/officer or inspector having carried out the inspection

Signature of testing authority/agent or inspector

(1) These items shall be subject to specific tests and/or checks as laid clown in Annex II to Directive 1999/.../EC.

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ANNEX II

RULES FOR TESTING AND/OR CHECKING BRAKING SYSTEMS AND EXHAUST EMISSIONS

1. Specific conditions concerning brakes

It is required that every part of the braking system and its means of operation be maintained in good and efficient
working order and be properly adjusted.

The vehicle’s brakes must fulfil the following braking functions:

(a)

for motor vehicles and their trailers and semi-trailers, a service brake capable of slowing down the vehicle
and of stopping it safely, rapidly and efficiently, whatever its conditions of loading and whatever the upward
or downward gradient of the road on which it is moving;

(b)

for motor vehicles and their trailers and semi-trailers a parking brake capable of holding the vehicle
stationary, whatever its condition of loading, and whatever the upward or downward gradient of the road;

2. Specific conditions concerning exhaust emissions

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 is no leakage;

2.

3.

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 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 must
not exceed 4,5 % vol.,

— for vehicles registered or put into service for the first time after 1 October 1986: CO must not

exceed 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 measurement of the lambda

value and of the CO content of the exhaust gases in accordance with section 4.

(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 L 76, 6.4.1970, p. 1). Directive as last amended by
Directive 98/77/EC of the Commission (OJ L 286, 23.10.1998, p. 34).

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4. Exhaust pipe emissions — limit values

— measurement at engine idling speed:

The maximum permissible CO content in the exhaust gases must not exceed 0,5 % vol.,

— measurement at high idling speed (no load), engine speed to be at least 2 000 min-1:

CO content: maximum 0,3 % vol.,

Lambda: 1 ± 0,03 or in accordance with the manufacturer’s specifications.

2.2. Motor vehicles equipped with compression ignition (diesel) engines

Measurement of exhaust gas opacity with free acceleration (no load from idling up to cut-off speed). The level of
concentration must not exceed( 1) the following limit values of the coefficient of absorption:

— naturally aspirated diesel engines = 2,5 m-1,

— turbo-charged diesel engines = 3,0 m-1,

or equivalent values where use in made of equipment of a type different from that complying with these
requirements.

Vehicles registered or put into service for the first time before 1 January 1980 are exempted from these
requirements.

2.3. Test equipment

Vehicle emissions are tested using equipment designed to establish accurately whether the limit values prescribed
or indicated by the manufacturer have been complied with.

(1) 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 L 190, 20.8.1972, p. 1).
Directive as last amended by Commission Directive 97/20/EC (OJ L 125, 16.5.1997, p. 2).

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 20 May 1998, the Commission submitted to the European Parliament and the Council a
proposal for a Directive on the roadside inspection of the roadworthiness of commercial vehicles
circulating in the Community, based on Article 75 of the EC Treaty (which after amendment
became Article 71 EC), paragraph 1 (c) and (d)(1).

2. The European Parliament delivered its opinion on 9 February 1999(2) and confirmed it as a first

reading under the codecision procedure on 16 September 1999(3).

3. The Economic and Social Committee delivered its opinion on 9 September 1998(4).

Following the Council’s request for consultation on 25 May 1999, the Committee of the Regions
communicated its decision not to give an opinion by letter on 22 July 1999.

4.

In the light of the European Parliament’s opinion, the Commission forwarded an amended
proposal(3) to the Council on 15 October 1999.

5. On 2 December 1999, the Council adopted its Common Position in accordance with Article 251

of the EC Treaty.

II. PURPOSE

The aim of the Commission proposal is to improve the safety and ecological quality of heavy
commercial vehicles used for the carriage of passengers and goods within the Member States and to
introduce uniform assessment of
the quality of maintenance of such vehicles, discouraging
transporters from gaining a competitive advantage by operating inadequately maintained vehicles.

Directive 96/96/EC(5) provides for heavy commercial vehicles to undergo compulsory annual
roadworthiness tests.

The proposal for a Directive sets out to supplement the rules introduced by Directive 96/96/EC. It
provides for Member States to introduce unexpected roadside inspections so as to check, throughout
the year, the level of maintenance of a representative proportion of the commercial vehicle fleet on
the road. The scope of the proposal is broader than that of Directive 96/96/EC, since it covers all
commercial vehicles in circulation on the roads of a Member State, including those from third
countries. The Commission feels that the need to ensure minimum safety and environmental
protection standards justifies extending checks to vehicles from third countries.

(1) OJ C 190, 18.6.1998, p. 10.
(2) OJ C 150, 28.5.1999, p. 27.
(3) Not yet published in the Official Journal.
(4) OJ C 407, 28.12.1998, p. 112.
(5) Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States
relating to roadworthiness tests for motor vehicles and their trailers (OJ L 46, 17.2.1997, p. 1). Decision last
amended by Commission Directive 1999/52/EC (OJ L 142, 5.6.1999, p. 26).

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The proposed roadside checking system consists of inspection of the most visible aspects of the safety
and environmental protection systems and equipment fitted to vehicles so as to detect the most
obvious defects.

Checks may be carried out at the roadside, at ports, at other places where vehicles are parked, or on
operators’ premises.

for a Directive follows on from the European ‘Auto-oil

The proposal
I’ programme, which
incorporated the approach set out in Article 4 of Directive 94/12/EC(1) and gave an objective
assessment of all the most profitable measures in the fields of vehicle technology, fuel quality,
monitoring and maintenance, as well as non-technical measures, in order to reduce emissions by road
transport.

According to that approach, the Commission should have strengthened the provisions introduced by
Directive 96/96/EC, but felt that at this stage it was more effective, from the point of view of
environmental protection, to introduce roadside inspections to ensure the application of the
aforementioned Directive throughout the year.

III. ANALYSIS OF THE COMMON POSITION

The draft Directive does not depart substantially from the Commission proposal. However,
introduces certain changes, the following being the main ones:

it

1.

limiting the scope of the Directive to inspections on the public highway (Article 2(b)), except in
the case of more elaborate inspection justified on safety grounds (Article 5(2));

2. abandoning the progressive, three-stage approach for roadworthiness inspection and replacing it

with a simpler, not necessarily progressive, approach (Article 4).

The examiner carries out the roadworthiness inspection by performing one or two or all of the
following inspections:

(a) visual inspection of the maintenance condition of the stationary commercial vehicle;

(b) inspection of the documents certifying the vehicle’s conformity to the technical inspection

and, if the driver produces one, of a recent roadworthiness inspection report;

(c) an inspection aiming to detect maintenance defects covering one, some or all of the inspection
items enumerated in the list in Annex I, point 10. These items include braking systems and
exhaust emissions, the inspection methods for which are specified in Annex II.

It should be noted that the introductory part of Annex II has been deleted, since the specific
provisions on further inspection on the road apply only to braking and emissions.

If the examiner carries out the inspection described in point (c), he must take into account the
latest and thus most recent documents mentioned in point (b). He may also take into account
any other safety certificate, issued by an approved body, that the driver may produce;

3.

the type of inspection applicable to vehicles subjected to further inspection (Article 5(2)).

(1) Directive 94/12/EC of the European Parliament and of the Council of 23 March 1994 relating to measures to be
taken against air pollution by emissions from motor vehicles and amending Directive 70/220/EEC (OJ L 100,
19.4.1994, p. 42).

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The amended Commission proposal lays down that the examiner may subject the commercial
vehicle to a roadworthiness inspection at an approved testing centre in accordance with Article 2
of Directive 96/96/EC, if he considers that the deficiency in the maintenance of the commercial
vehicle justifies further examination.

The Council Common Position lays down that the examiner may subject the vehicle to a more
elaborate inspection at a testing centre in the vicinity, designated by the Member State, in
if he considers that deficiencies in the
accordance with Article 2 of Directive 96/96/EC,
maintenance of the vehicle may represent a safety risk such that, as regards the brakes in
particular, further examination is justified;

4.

5.

6.

7.

the possibility for the driver to be exempt from a roadside inspection of one the items listed in
the draft Directive if he provides proof that a roadworthiness test or roadside inspection has
already been carried out in the course of the previous two months (Article 4(3));

the choice of the committee procedure, that is, the regulatory procedure rather than the
consultative procedure (Article 9)(1);

the deletion of Article 9 of the amended Commission proposal, which was intended to introduce
a system of penalties;

introduction of a standard roadworthiness inspection report based on Annex I to the Commission
proposal (Annex I).

All the amendments to the proposal envisaged by the Council Common Position have been accepted
by the Commission.

IV. EUROPEAN PARLIAMENT AMENDMENTS

1. European Parliament amendments adopted by the Commission

The Commission has adopted 11 of the 17 amendments submitted by the European Parliament,
10 exactly as they stand (amendments 1, 3, 4, 5, 6, 7, 9, 10, 11 and 17) and one in principle
(amendment 15).

2. European Parliament amendments accepted by the Council and adopted by the Com-

mission

The Council has accepted, wholly or in part or in principle, nine of the 11 amendments adopted
by the Commission:

— in recital 10 of the Common Position, amendment 1 (this amendment is also reflected in

Article 3(2)),

— in Annex I, the part of amendment 3 concerning standardisation of documents relating to

roadside inspections (standardised report model).

The aim of this amendment is to add to Article 3(2) of the proposal (Article 4(1)(b) of the
Common Position) a provision requiring the Member States to standardise the documents
certifying the conformity of the vehicle to the technical regulations, with a view to avoiding
any linguistic problems in roadside inspections.

(1) Council Decision 1999/468//EC of 28 June 1999 laying down the procedures for the exercise of implementing

powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23).

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Regarding the standardisation of documents relating to roadside inspections, the Council has
laid down that Annex I to the Common Position take the form of a common model for
roadside inspections: the data required appear at the same point in the report regardless of the
language used.

However, regarding the standardisation of the documents certifying that the commercial
vehicle has passed an obligatory roadworthiness inspection, the Council notes that standardis-
ation proceedings are under way in the framework of the UN/ECE and that the Commission
intends to submit a proposal for an amendment to Directive 96/96/EC adopting the results of
these proceedings. A large proportion of the documents relating to commercial vehicles
circulating on Community territory will thereby be standardised, whether these vehicles are
registered in third countries or in the Community,

— in Article 1(3), amendment 4,

— in Article 6, amendment 6,

— in Article 4(3), amendment 7,

— in Article 3(2), first part of amendment 9 (brevity of immobilisation of the vehicle),

— in Article 7(1), amendment 10;

— in Article 7(2), amendment 11;

— in Annex I, point 10(1), amendment 15.

It is to be noted that amendment 17, the aim of which is to adopt amendment 15 to Annex II,
introductory part (among the checks cited by way of example), has become inapplicable. This
is because the introductory part of Annex II does not appear in the Common Position (see
point III(2)(c)).

3. Amendments of the European Parliament not accepted by the Council

(a) Not adopted by the Commission

The Council has not accepted amendments 2, 12 and 13:

— amendment 2 aims to add to Article 3(1) of the amended Commission proposal (Article 4(1)
of the Common Position) a provision laying down that the duration and content of the
training of the examiner carrying out the roadside inspection are determined by the committee
procedure. The Council considered that it was not necessary to require the examiner to have
special training for the roadside inspection of the vehicles and that the duration of this training
was therefore not a matter falling within the scope of the Common Position. In addition,
Directive 96/96/EC does not provide for harmonisation in this matter. Furthermore, the
committee procedure provided for in Article 9 is used solely for the adaptation of Annex I or
for the adaptation to technical progress of the technical standards of Annex II,

— amendment 12 aims to add to Article 9 of the amended proposal, which requires Member
States to establish a system of penalties, a provision to prevent the penalties decided by
Member States from exhibiting excessive disparities.

The Council has not adopted this Article because it considers that it is not necessary for this
Directive to include special provisions relating to the penalties applicable in the event of
violation of the Directive,

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— amendment 13, first and third parts, aims to put back by six months the dates of transposition
and of application of the Directive laid down in Article 10(1) of the amended proposal, since
they have already passed,

amendment 13, second part, makes the entry into effect of the Directive subject to the
adoption by the Member States, after consultation with the Commission, of the provisions
required in terms of training of examiners, the availability of the equipment and human
resources needed for the performance of the inspections and the achievement of uniformity
of penalties.

As regards amendment 13, first and third parts, the Council felt it preferable to lay down a
single date in Article 11(1) of the Common Position, namely that on which the Directive
becomes applicable and to set that date in relation to the date the Directive comes into force.

As regards amendment 13, second part, the Council:

— asserted that it is not possible to lay down in one Article that the Directive comes into
force on a specific date and in another Article that the Directive can come into force only
as from the point when the Member States have taken certain measures.

Article 11 of the amended proposal, which has not been amended, and Article 12 of the
Common Position do in fact specify a precise date of entry into force of the Directive,
defined in relation to the date of its publication in the Official Journal of the European
Communities.

— felt that it was not acceptable to make the entry into force of the Directive subject to a
degree of harmonisation of the training of examiners, penalties systems and the technical
and human resources necessary for the inspections. In accordance with the principle of
subsidiarity, the Member States are free to take or not to take measures in these areas and
to do so in a harmonised form or otherwise.

The Council did not accept amendments 8 and 16.

— The aim of the first part of amendment 8 is to add a provision to Article 5(2) allowing the
examiner to decide to immobilise the vehicle with a view to it being towed immediately to an
approved testing centre for repair if he considers that the extent of the maintenance defects of
the vehicle creates a serious risk to traffic.

The Council feels that, if it becomes clear that the vehicle constitutes a serious risk, the
appropriate measure is to suspend use of the vehicle and that repair is the responsibility of
the owner of the vehicle, who must remain free to decide where to have it repaired.

The second part of amendment 8 concerns the case in which the extent of the defects is
deemed great enough to make further inspection necessary. In this case, the vehicle may be
subjected to a roadworthiness inspection at an approved testing centre and a copy of the
certificate drawn up by the testing centre is addressed to the inspection service that noted the
defects.

The Council considers it preferable to lay down that the vehicle be subjected only to a more
elaborate inspection and not to the set of tests required for a roadworthiness inspection within
the meaning of Directive 96/96/EC. The Council also considers that this more elaborate
inspection should be performed at a centre in the vicinity, to keep the costs and delays caused
to drivers and undertakings to a minimum, in accordance with Article 3(2).

As regards the sending of a copy of the certificate to the inspection service, a provision which
does not appear in the amended proposal, the Council considers it preferable to leave Member
States free to decide how the inspection service is to be informed,

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— the aim of amendment 16 is to cover, in Annex I, point 16, of the amended proposal
(Annex I, point 11, of the Common Position) the two cases which are the subject of
amendment 8. Amendment 16 has therefore not been accepted by the Council either,

in addition, the Council has reduced the number of cases appearing in Annex I, point 11,
to one. Taking into account the information the examiner has to provide in accordance
with point 10 of Annex I, the Council considers it sufficient to prescribe in point 11, as
the outcome of the inspection, only the suspension of use of vehicles exhibiting serious
defects.

The Council has not accepted amendment 14.

The aim of this amendment is to add to Annex I, point 6, a new category of vehicles subject
to roadside inspection, namely vehicles for animal transportation. This is because the
European Parliament considered that this category of vehicles should be the object of a
separate inspection, given the need to take account of additional characteristics such as the
temperature in the compartment used for transportation and the correct functioning of
loading ramps.

The Council considered, following the amended Commission proposal, that the Directive
should provide for roadside inspections only for the categories of vehicles covered in Directive
96/96/EC, without taking into account the use of the vehicle. Verification of compliance with
the technical regulations applicable to the transporting of animals does not fall within the
scope of the present Directive, which is a special Directive belonging within the framework of
Directive 96/96/EC, of which it takes up, to the letter or in spirit, the test items and the rules
for performing the tests prescribed.

(b) Adopted by the Commission

The Council did not accept amendment 5, the purpose of which is to clarify in Article 4(1) of
the amended proposal (Article 3(1) of the Common Position) that it is by common agreement
and after consulting the Commission that Member States are to set up the unannounced
roadside inspections required by the Directive. The Council based its view on the bureaucratic
burden that would be created by acceptance of this amendment and the difficulties that the
planning of these inspections might create even at national level.

The Council considers it sufficient that Member States, pursuant to Article 6, communicate to
the Commission, and that the Commission communicate to the European Parliament, the
data on inspections performed and that, pursuant to Article 7, the Member States provide
each other with assistance in applying the Directive.

The Council did not accept the second part of amendment 9, laying down that the vehicle
immobilisation periods be subject to statistical monitoring.

It is noted that the first part of this amendment is covered by Article 3(2) of the Common
Position (see point IV(2)).

The Council considered that to set up such statistical monitoring would impose an excessive
administrative burden.