WRITTEN QUESTION E-2698/02 by Kurt Lechner (PPE-DE) to the Commission. Free movement of persons.
Date: 2002-09-26
Institutions: European Parliament, Provisional data
Subjects: commercial vehicle, free movement of persons, harmonisation of standards, national law, road safety, technical standard, vehicle parts

6.3.2003

EN

Official Journal of the European Union

C 52 E/201

(2003/C 52 E/223)

WRITTEN QUESTION E-2698/02

by Kurt Lechner (PPE-DE) to the Commission

(26 September 2002)

Subject: Free movement of persons

Is the Commission aware that some vehicles (cars, trailers) licensed in Germany and with current German
MOT (TÜV) certificates are deemed to be illegal in the Netherlands because of technical details (in the case
in point, an additional metal ring fitted to the trailer attachment), making their drivers liable to
prosecution? Is the fact that national regulations of this kind, where they exist, give rise to far-reaching
legal proceedings reconcilable with the principle of free movement of persons in the Union? Does the
Commission see a possibility of providing uniform technical standards for vehicles (MOT/TÜV test)
throughout the European single market? Are Member States obliged to inform the public of their technical
regulations for vehicles?

Answer given by Mr Liikanen on behalf of the Commission

(30 October 2002)

Since 1 January 1998, category M1 motor vehicles (cars) have been subject to Community type-approval
in application of Directive 70/156/EEC (1). To receive this, they have to comply with 45 technical
provisions harmonised across the Community. As a result, the Member States may no longer demand that
these vehicles have specific or additional equipment in accordance with national regulations. Trailers, on
the other hand, are still subject to national legislation.

With regard to the braking device specifically concerned in this case, cars must comply with the technical
provisions of Directive 71/320/EEC (2). Trailers only need to comply with it insofar as the Member States
have made this compulsory through their national regulations.

Directive 71/320/EEC provides for specific technical provisions to ensure that vehicles are safe to use in
the event of a trailer accidentally becoming separated from the tractor vehicle. In practice, the devices
which make it possible to comply with these provisions are mounted on trailers.

Since 1970, the Commission has drawn up directives harmonising the technical prescriptions applicable to
motor vehicles; these directives are enforced under the Community type-approval system. The Commission
is currently drafting a revised version of Directive 70/156/EEC which will make it possible to extend
Community type-approval to other categories of vehicles, and to trailers in particular.

Pending this total harmonisation, the Vienna Convention on road traffic of 8 November 1968 lays down
the technical provisions which apply to combinations of light vehicles in international traffic. These
provisions are such that they facilitate the free movement of vehicles within the Union, whilst ensuring the
safety of their users.

The publication of technical provisions which apply within the territory of a Member State falls within the
scope of Member States’ national law.

(1) 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), as amended by Council Directive
92/53/EEC of 18 June 1992 (OJ L 225, 10.8.1992).

(2) Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to

the braking devices of certain categories of motor vehicles and of their trailers (OJ L 202, 6.9.1971).