European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (11287/1/1999 – C5-0323/1999 — 1998/0097(COD))
Date: 2000-03-14
Institutions: Committee on Regional Development, European Parliament
Subjects: commercial vehicle, road safety, road transport, roadworthiness tests, transport regulations

C 377/40

Official Journal of the European Communities

EN

29.12.2000

Tuesday 14 March 2000

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(Amendment 13)
Article 12(3a) (new)

3a.
The Member States and the Commission shall coop-
erate in establishing common criteria for identifying ships
referred to in Article 8(2)(c).

(Amendment 14)
Article 14

The Commission shall be assisted by the Committee set up

1.
pursuant to Article 12(1) of Directive 93/75/EEC (4).

The Commission shall be assisted by a regulatory committee
as referred to in Article 5 of Decision 1999/468/EC, having
regard to Articles 7 and 8 thereof.

2. Where reference is made to this paragraph, the regulatory pro-
cedure provided for in Article 5 of Decision 1999/468/EC shall
apply, in compliance with the provisions of Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/
EC shall be three months.

The Committee shall adopt its rules of procedure.

The period provided for in Article 5(6) of Decision 1999/468/
EC shall be fixed as three months.

(4) OJ L 247, 5.10.1993, p. 19. Directive as last amended by Directive

98/74/EC (OJ L 276, 13.10.1998, p. 7).

(Amendment 15)
Article 16(1), 1st subparagraph

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before … (5) and forthwith inform the Commission
thereof.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before … (5) and forthwith inform the Commission
thereof.

(5) Twenty four months following the date of entry into force of this

(5) Eighteen months following the date of entry into force of this

Directive.

Directive.

3. Technical roadside inspection of commercial vehicles ***II

A5-0040/2000

European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive on the technical roadside inspection of the roadworthiness
of commercial vehicles circulating in the Community (11287/1/1999 0 C5-0323/1999 0 1998/
0097(COD))

(Codecision procedure: second reading)

The European Parliament,

+ having regard to the Council common position (11287/1/1999 + C5-0323/1999) (1),

+ having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(1998) 117) (3),

(1) OJ C 29, 1.2.2000, p. 1.
(2) OJ C 150, 28.5.1999, p. 27 and OJ C 54, 25.2.2000, p. 79.
(3) OJ C 190, 18.6.1998, p. 10.

29.12.2000

EN

Official Journal of the European Communities

C 377/41

Tuesday 14 March 2000

+ having regard to the Commission’s amended proposal (COM(1999) 458),

+ having regard to Article 251(2) of the EC Treaty,

+ having regard to Rule 80 of its Rules of Procedure,

+ having regard to the recommendation for second reading of the Committee on Regional Policy, Trans-

1.

2.

port and Tourism (A5-0040/2000),

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(Amendment 1)
Recital 2

(2)
It is in the interests of road safety, environmental protec-
tion and equitable competition that commercial vehicles should
be used only if they are maintained to a high degree of technical
roadworthiness;

(2)
It is in the interests of road safety, environmental protec-
tion and fair competition that commercial vehicles should be
used only if they are maintained in a state of full technical
roadworthiness;

(Amendment 3)
Article 9a (new)

Article 9a

Member States shall draw up arrangements for the penal-
ties applicable where a driver or undertaking fails to abide
by the technical requirements to be verified on the basis
of this Directive. They shall take all necessary measures to
ensure that these penalties are enforced. The penalties
thus provided for shall be effective, proportionate and dis-
suasive.