Opinion of the Commission pursuant to Article 251(2) (c) of the EC Treaty on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on the roadside inspection of the roadworthiness condition of commercial vehicles that circulate on the roads of the European Community
Date: 2000-04-19
Institutions: European Commission
Subjects: commercial vehicle, road safety, roadworthiness tests, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.04.2000
COM(2000) 243 final

1998/0097 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty on the European Parliament’s
amendments to the Council’s common position regarding the

proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the roadside inspection of the roadworthiness condition of commercial vehicles that
circulate on the roads of the European Community

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty on the European Parliament’s
amendments to the Council’s common position regarding the

proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the roadside inspection of the roadworthiness condition of commercial vehicles that
circulate on the roads of the European Community

1.

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2.

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6.

7.

2.

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BACKGROUND

On 11 March 1998 the Commission submitted a proposal for a Directive on the
roadside inspection of the roadworthiness of commercial vehicles circulating in the
Community (COM(1998)117-C4-0346/98-1998/0097(COD))1.

On 29 July 1998 the Economic and Social Committee gave a favourable opinion2.

On 9 February 19993 the European Parliament gave an opinion on the proposal at
first reading.

The Committee of the Regions gave its opinion on the proposal on 22 September
1999.

The amended Commission proposal was forwarded to the Council on 15 October
1999.

The Council adopted a Common Position on 2 December 19994.

On 14 March 20005 the European Parliament gave its 2nd reading.

AIM OF THE COMMISSION’S PROPOSAL

This proposal supplements Directive 96/96/EC that provides
for an annual
roadworthiness inspection which commercial vehicles must undergo at a testing
centre. The purpose of this proposal is to introduce unannounced roadworthiness

OJ C 190, 18.6.1998, p. 10.
OJ C 407, 28.12.1998, p. 112.
OJ C 150, 28.5.1999, p. 27.
OJ C 29, 01.2.2000, p. 1.
…

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checks, partly on the grounds of the mileage travelled by such vehicles every year,
and partly because a number of defects can be detected in this way that can be
concealed at annual roadworthiness inspections. This proposal will improve the
maintenance condition of the heavy commercial vehicles on the Community’s roads
and thus be a benefit to road safety and environmental protection.

3.

3.1

COMMENTS ON PARLIAMENT’S AMENDMENT AT SECOND READING

General remarks

The Commission takes the view that amendments made by Parliament
Council’s common position are in line with the aims of its proposal.

to the

3.2

The amendments proposed by Parliament

Amendment 1
Recital 2

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

It is in the interests of road safety,
environmental protection and equitable
competition that commercial vehicles
should be used only if they are
maintained to full technical
roadworthiness

Amendment 2
New Article 9A

Member States shall determine the
penalties applicable to infringements of
the national provisions implementing this
Directive, after they have consulted one
another on the harmonisation of such
penalties, and shall take all necessary
measures to ensure that they are enforced.
These penalties shall be effective,
proportionate and dissuasive.

3.3

Commission’s comments on the amendments

The Commission can accept these amendments, given that amendment 1 is a textual
improvement to the recital and amendment 2 reintroduces the spirit of an article
deleted by the Council from the original proposal.

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4.

GENERAL CONCLUSIONS

The Commission considers that
together with
Parliament’s amendment at second reading, are in the line with the aims of its
proposal.

the Council’s common position,

Consequently, the Commission accepts the modification made to the Council’s
common position by the Parliament’s amendment.

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