Common Position (EC) No 40/2001 of 27 September 2001 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 amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic
Date: 2001-09-27
Institutions: Council of the European Union
Subjects: commercial vehicle, common transport policy, inland transport, international transport, weight and size

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 40/2001

adopted by the Council on 27 September 2001

with a view to adopting Directive 2001/.../EC of the European Parliament and of the Council of ...
amending Council Directive 96/53/EC laying down for certain road vehicles circulating within
the Community the maximum authorised dimensions in national and international traffic and the
maximum authorised weights in international traffic

(2001/C 360/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 71 thereof,

transporting passengers. Differences between standards
in force in the Member States with regard to the
dimensions of passenger road vehicles could have an
adverse effect on the conditions of competition and
constitute an obstacle to traffic between Member States.

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

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

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (4),

Whereas:

(1)

Directive 96/53/EC (5) established, in the framework of
the common transport policy, harmonised maximum
vehicle dimensions for the circulation of road vehicles
transporting goods.

(2)

There is a need for harmonised maximum authorised
vehicle dimensions for the circulation of road vehicles

(1) OJ C 274 E, 26.9.2000, p. 32.
(2) OJ C 123, 25.4.2001, p. 76.
(3) OJ C 144, 16.5.2001, p. 15.
(4) Opinion of the European Parliament of 3 October 2000 (OJ
C 178, 22.6.2001, p. 60), Council Common Position of 27 Sep-
tember 2001 and Decision of the European Parliament of ... (not
yet published in the Official Journal).

(5) OJ L 235, 17.9.1996, p. 59.

(3)

(4)

(5)

for

the harmonisation of

the
Since the objective of
maximum authorised vehicle dimensions
road
vehicles transporting passengers cannot be sufficiently
achieved by the Member States and can therefore by
reason of the scale or effects of the proposed action be
better achieved at Community level, the Community
may adopt measures in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty. In
accordance with the principle of proportionality as set
out in that Article, this Directive does not go beyond
what is necessary in order to achieve that objective.

In the implementation of the internal market, the scope
of Directive 96/53/EC should be extended to national
transport in so far as it concerns characteristics that
significantly affect the conditions of competition in the
transport sector and in particular the values relating to
the maximum authorised length and width of vehicles
intended for the carriage of passengers.

Harmonised rules on maximum weights and dimensions
of vehicles should remain stable in the long term. Thus,
the amendments laid down in this Directive should not
create a precedent for the maximum authorised weights
and dimensions of buses and other categories of motor
vehicle.

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For reasons of road safety, buses should meet perform-
ance criteria as regards their manoeuvrability.

2.

in Article 3(1), the second indent shall be replaced by the
following:

(6)

(7)

(8)

For reasons of road safety linked to the state of their
infrastructure Portugal and the United Kingdom should
be authorised, for a transitional period, to refuse the use
on their territory of buses which do not satisfy certain
manoeuvrability criteria.

Buses which were registered or put into circulation
before the date of implementation of this Directive and
which do not comply with the dimension characteristics
laid down in this Directive, owing to previously differing
national provisions or methods of measurement, should
be allowed for a transitional period to continue to
provide transport services within the Member State in
which the vehicle is registered or put into circulation.

(9)

Directive 96/53/EC should therefore be amended accord-
ingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 96/53/EC is amended as follows:

1.

in Article 1:

(a)

paragraph 1(a) shall be replaced by the following:

‘(a)

the dimensions of motor vehicles in categori-
es M2 and M3 and their trailers in category O
and motor vehicles in categories N2 and N3 and
their trailers in categories O3 and O4, as defined
in Annex II to Council Directive 70/156/EEC
of 6 February 1970 on the approximation of
the laws of the Member States relating to the
type-approval of motor vehicles and their
trailers (*);

(*) OJ L 42, 23.2.1970, p. 1. Directive as last
amended by Directive of the European Parlia-
ment and of the Council 2000/40/EC (OJ L 203,
10.8.2000, p. 9).’;

(b)

the following paragraph shall be added:

‘3. This Directive shall not apply to articulated
buses comprising more than one articulated sec-
tion.’;

‘— in national traffic, of vehicles registered or put into
circulation in any other Member State for reasons
relating to their dimensions;’;

3. Article 4 shall be amended as follows:

(a)

paragraphs 1 and 2 shall be replaced by the fol-
lowing:

‘1. Member States shall not authorise the normal
circulation within their territories:

(a)

of vehicles or vehicle combinations for the
national transport of goods which are not in
conformity with the characteristics set out in
points 1.1, 1.2, 1.4, 1.5, 1.6, 1.7, 1.8, 4.2 and
4.4 of Annex I;

(b) of vehicles for national passenger transport,
which are not in conformity with the character-
istics set out in points 1.1, 1.2, 1.4a, 1.5 and
1.5a of Annex I.

2. Member States may none the less authorise the
circulation within their territories:

(a)

of vehicles or vehicle combinations for the
national transport of goods which are not in
conformity with the characteristics set out in
points 1.3, 2, 3, 4.1 and 4.3 of Annex I;

(b) of vehicles for national passenger transport,
which are not in conformity with the character-
istics set out in points 1.3, 2, 3, 4.1 and 4.3 of
Annex I’;

(b) paragraph 4 shall be amended as follows:

(i)

(ii)

in the first subparagraph, the terms ‘vehicles or
vehicle combinations used for goods transport
which ...’ shall be replaced by ‘vehicles or
vehicle
transport
combinations used for
which ...’;

in the third subparagraph, the terms ‘the circu-
lation in its territory, in national goods trans-
port operations, of vehicles ...’ shall be replaced
by ‘the circulation in its territory, in national
transport operations, of vehicles ...’;

(c)

the following paragraph shall be added:

‘7. Until 31 December 2020 Member States may
authorise buses that were registered or put into
circulation before the implementation of this Direc-
tive but the dimensions of which exceed those laid
down in points 1.1, 1.2, 1.5 and 1.5a of Annex I to
circulate within their territories.’;

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4) Article 7 shall be replaced by the following:

‘Article 7

This Directive shall not preclude the application of road
traffic provisions in force in each Member State which
permit the weight and/or dimensions of vehicles on
certain roads or civil engineering structures to be limited,
irrespective of the State of registration of such vehicles or
State where such vehicles were put into circulation.

This includes the possibility to impose local restrictions
on maximum authorised dimensions and/or weights of
vehicles that may be used in specified areas or on specified
roads, where the infrastructure is not suitable for long
and heavy vehicles, such as city centres, small villages or
places of special natural interest.’;

5.

the following Article shall be inserted:

‘Article 8a

Portugal and the United Kingdom may refuse or prohibit
the use on their territory until .... (*) of the buses referred
to in point 1.1 of Annex I unless they satisfy the following
manoeuvrability criteria:

— when the bus is stationary and has its steered wheels
so directed that if the vehicle moved, its outermost
forward point would describe a circle of 12,50 m in
radius, a vertical plane tangential to the side of the
vehicle which faces outwards from the circle must
be established by marking a line on the ground. In
the case of an articulated bus the two rigid portions
must be aligned with the plane,

— when the bus moves forward on either side follow-
ing the circle of 12,50 m in radius, no part of it may
move outside the vertical plane by more than 0,80 m
in the case of a rigid bus of up to 12 m in length or
by more than 1,20 m in the case of either a rigid
bus of over 12 m in length or an articulated bus.’;

6.

the following Article shall be inserted:

‘Article 10a

With regard to Annex I, point 1.5a, the Commission
shall, by .... (*) at the latest, present a report on the

(*) Three years after the entry into force of this Directive.

feasibility of reducing the value of 0,60 m referred to in
the second subparagraph of this point to improve the
safety conditions related to the manoeuvrability of long
buses. If appropriate, the report shall be accompanied by
a legislative proposal to amend this Directive accordingly.’

7) Annex I is amended as follow:

a)

Point 1.1 is replaced by the following text:

‘1.1. maximum length:

— motor vehicle other than a bus 12,00 m

— trailer

12,00 m

— articulated vehicle

16,50 m

— road train

— articulated bus

18,75 m

18,75 m

— bus with two axles

13,50 m

— bus with more than two axles 15,00 m

— bus + trailer

18,75 m’;

(b)

the following point shall be inserted:

‘1.4a.

If any removable attachments such as ski-
boxes are fitted to a bus, its length, including
the attachments, must not exceed the
maximum length laid down in point 1.1’;

(c)

the following point shall be inserted:

‘1.5a. Additional requirements for buses

With the vehicle stationary, a vertical plane
tangential to the side of the vehicle and
facing outwards from the circle shall be
established by marking a line on the ground.
In the case of an articulated vehicle, the two
rigid portions shall be aligned with the plane.

When the vehicle moves from a straight line
approach into the circular area described in
point 1.5, no part of it shall move outside of
that vertical plane by more than 0,60 m.’.

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Article 2

Article 3

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by ... (*) at the latest. They shall forthwith inform the
Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

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

Article 4

This Directive is addressed to the Member States.

Done at ...

2. Member States shall communicate the provisions of
national law which they adopt in the field covered by this
Directive to the Commission.

For the European Parliament

The President

For the Council

The President

(*) Two years after the entry into force of this Directive.

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

On 23 March 2000 the Commission submitted a proposal for a Directive of the European Parliament
and of the Council, amending Council Directive 96/53/EC laying down for certain road vehicles
circulating within the Community the maximum authorised dimensions in national and international
traffic and the maximum authorised weights in international traffic (1).

This proposal is based on Article 71 of the EC Treaty.

The European Parliament delivered its opinion on the Commission proposal on 3 October 2000 (2).
The Economic and Social Committee delivered its opinion on 24 January 2001 (3). The Committee
of the Regions delivered its opinion on 13 December 2000 (4).

The Council adopted its Common Position on 27 September 2001, in accordance with Article 251
of the Treaty.

II.

AIMS OF THE PROPOSAL

1. At present:

— Annex I, point I.1 of the current Directive 96/53/EC (5) sets the maximum authorised
length in international traffic at 12 m for motor vehicles and therefore also for rigid buses,
and at 18 m for articulated buses.

A Member State may therefore authorise maximum dimensions greater than those laid
down in the Directive for buses in circulation within its territory, but only buses complying
with the Directive may circulate freely throughout the Community,

— the maximum authorised length of buses in national traffic varies considerably.

2.

The Commission proposal seeks to harmonise the maximum authorised length of buses in
both international and national traffic, notably with a view to enabling the free circulation in
practice of buses on Community territory and eliminating distortions of competition on the
cabotage market in the passenger transport sector.

The proposal provides for a maximum authorised length of 12 m for buses with two axles,
15 m for buses with more than two axles , and 18,75 m for buses with trailers.

(1) OJ C 274 E, 26.9.2000, p. 32.
(2) OJ C 178, 22.6.2001, p. 60.
(3) OJ C 123, 25.4.2001, p. 76.
(4) OJ C 144, 16.5.2001, p. 15.
(5) OJ L 235, 17.9.1996, p. 59.

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The proposal therefore requires that buses over 12 m in length be equipped with at least three
axles so as not to damage the road infrastructure. The maximum length of 15 m for buses
includes ski-boxes. The proposal also provides, on road safety grounds, for Directive 96/53/EC
to impose the same requirements as Directive 97/27/EC (1) with regard to admissible movement
beyond the vertical plane during a swerving manoeuvre.

The Commission believes that increasing the maximum authorised length of buses throughout
the Community will help reduce the number of road journeys and have a positive impact on
the environment and transport costs. It also considers that setting manoeuvrability criteria for
buses will ensure a uniform level of safety for vulnerable road users.

III. ANALYSIS OF THE COMMON POSITION

1.

The Council accepted, to the letter or in spirit, the three amendments put forward by the
European Parliament:

— Article 1(3)(c) (Article 4, new paragraph 7 of Directive 96/53/EC), amendment 1.

The Commission proposal sets 31 December 2009 as the end of the transitional period
during which the Member States may authorise the circulation, on their territory, of buses
the dimensions of which do not comply with the requirements of the new Directive.

The European Parliament is proposing the extension of this transitional period until
31 December 2015 in order to avoid extremely negative economic consequences for
companies which registered or put into circulation non-compliant buses before the
implementation of the Directive.

The Council, which shares the European Parliament’s concerns, has provided that the
transitional period will end on 31 December 2020,

— Article 1(7)(a) (Annex I, new point 1.1 of Directive 96/53/EC), amendments 2 and 6.

The Council did not, however, adopt the part of amendment 2 proposing to use the term
‘rigid bus’ to refer to buses other than articulated buses; the Council preferred to retain the
term ‘bus’ proposed by the Commission.

2.

Below are the other main amendments to the Commission proposal contained in the Council’s
Common Position:

(a) Article 1(7)(c) of the Council’s Common Position adds a new point 1.5a on manoeuvra-

bility criteria for buses, to Annex I to Directive 96/53/EC.

The Commission proposal sets these criteria in accordance with the standards laid down
in Annex I, point 7.6 of Directive 97/27/EC.

(1) Directive 97/27/EC of the European Parliament and of the Council of 22 July 1997 relating to the masses and
dimensions of certain categories of motor vehicles and their trailers and amending Directive 70/156/EEC (OJ
L 233, 25.8.1997, p. 1).

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The Council’s Common Position, on the other hand, adopts as manoeuvrability criteria
the standards resulting from the work on amending Directive 97/27/EC under way within
the Commission which, on this point, takes into account the latest standards adopted by
the UN Economic Commission for Europe. However, the Council grants Portugal and the
United Kingdom the possibility of temporarily derogating from the manoeuvrability
criteria (see point 2(c)).

The Council’s Common Position also makes provision, in Article 1(6), for the addition to
Directive 96/53/EC of an Article 10a on the abovementioned manoeuvrability criteria.
This Article provides that within three years of the Directive’s entry into force, the
Commission will present a report, accompanied, if appropriate, by a legislative proposal
to amend the Directive, on the feasibility of reducing the value of the manoeuvrability
standard laid down in the new point 1.5a in Annex I to Directive 96/53/EC, i.e. the
possibility of laying down new rules on the rear-end outswing of long buses, to improve
safety conditions.

(b) Article 1(4) of the Common Position adds a provision to Article 7 of Directive 96/53/EC
authorising the Member States to impose local restrictions on maximum authorised
dimensions and/or weights of vehicles, to take account of road infrastructure.

(c) Article 1(5) of the Common Position adds an Article 8a to Directive 96/53/EC giving
Portugal and the United Kingdom the right to refuse or prohibit the use on their territory,
for a period of three years after the entry into force of the Directive, of buses satisfying
manoeuvrability criteria other than those established by the current Directive 97/27/EC.
By way of justification for the derogation, recital 7 mentions reasons of road safety linked
to the state of the infrastructure of these two Member States.

3.

The Council considers that the amendments to the Commission proposal provided for in the
Common Position satisfy the aims of the proposal. The Commission agreed to the amendments
incorporated by the Council.