Commission Opinion pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty on the European Parliament's amendments to the Council Common Position regarding the proposal for a Directive of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ("framework Directive") amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2007-07-20
Institutions: European Commission
Subjects: approximation of laws, commercial vehicle, motor vehicle, quality label, technical regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.7.2007 
COM(2007) 453 final 

2003/0153 (COD) 

COMMISSION OPINION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty 
on the European Parliament's amendments 
to the Council Common Position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a framework for the approval of motor vehicles and their trailers, and of 
systems, components and separate technical units intended for such vehicles  
("framework Directive") 

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

EN 

   EN 

 
 
 
  
 
 
2003/0153 (COD) 

COMMISSION OPINION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty 
on the European Parliament's amendments 
to the Council Common Position regarding the 
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a framework for the approval of motor vehicles and their trailers, and of 
systems, components and separate technical units intended for such vehicles  
("framework Directive") 

(Text with EEA relevance) 

1. 

INTRODUCTION 

Article  251(2),  third  subparagraph,  point  (c)  of  the  EC  Treaty  provides  that  the 
Commission shall deliver an opinion on the amendments proposed by the European 
Parliament at second reading. The Commission sets out its opinion below on the 53 
amendments adopted by Parliament. 

2. 

BACKGROUND 

Commission  proposal  COM(2003) 418  final  was  sent  to  the  European  Parliament 
and the Council on 14 July 2003, in accordance with the co-decision procedure laid 
down in Article 251 of the Treaty establishing the European Community (TEC).  

The legal basis of the proposal is Article 95 of the TEC. 

The European Economic and Social Committee delivered its opinion on 28 January 
20041 

The European Parliament delivered its opinion at first reading on 11 February 20042. 

In accordance with the provisions of Article 251(2), third subparagraph of the TEC, 
the Council adopted its Common Position unanimously on 11 December 20063. The 
Commission gave its opinion on the Common Position on 12 December 2006. 

The European Parliament gave its opinion at second reading on 10 May 2007. 

1  
2 
3 

OJ C 108, 30.4.2004, p. 29 
OJ C 97E, 22.4.2004, p. 370. 
OJ C 108, 20.3.2007, p. 1. 

EN 

2 

   EN 

 
 
 
                                                 
3. 

AIM OF THE PROPOSAL 

Since  1970,  framework  Directive  70/156/EEC  on  the  approximation  of  the  laws  of 
the Member States relating to the type-approval of motor vehicles and their trailors is 
the  main  legal  instrument  available  to  the  European  Community  for  implementing 
the single market in the motor vehicle industry. 

The  proposal  for  a  Directive  constitutes  an  in-depth  revision  of  Directive 
70/156/EEC,  intended  to  allow  for  the  extention  of  the  principles  of  single 
Community type-approval to all commercial vehicles. It also includes new provisions 
to facilitate access to the single market for SMEs. 

Furthermore, it contains legal amendments to make the development of Community 
legislation more efficient as well as provisions to improve the understanding of how 
the technical provisions applicable to motor vehicles are upgraded in light of changes 
to legislation at international level. 

4. 

OPINION OF THE COMMISSION ON THE EUROPEAN PARLIAMENT'S AMENDMENTS 

At its plenary session of 10 May 2007, the European Parliament adopted 53 of the 62 
amendments  which  were  tabled.  All  the  amendments  adopted  are  the  result  of 
interinstitutional contacts with a view to reaching an agreement at second reading. 

The first group of amendments concerns Article 31 on "critical parts"4. Their purpose 
is to ensure that better account is taken of the interests of spare parts manufacturerers 
supplying  the  after-market.  A  number  of  points  in  this  Article  have  also  been 
clarified. 

The  second  group  of  amendments5  allows  manufacturers  specialised  in  the 
conversion of vehicles for disabled people to benefit from a simplified type-approval 
procedure. 

The third group6 relates to the legislative aspects of the "comitology" procedure with 
scrutiny,  due  to  which  the  text  of  the  articles  concerned  needed  to  be  brought  into 
line with the most recent wording used by the institutions. 

The  fourth  group  of  amendments7  concerns  the  references  to  the  international 
regulations  which  were  brought  into  line  with  the  recommendations  of  the  High 
Level Working Group in the context of ‘CARS 21’. 

The fifth group of amendments8 relates to the changes which became necessary after 
the accession of Bulgaria and Romania to the European Union. 

4 
5 
6 
7 
8 

Amendments No 17, 22 - 24, 32, 46 - 48, 50 and 55. 
Amendments No 7, 12, 33 - 35, 42 and 43. 
Amendments No 2, 8, 13 - 15, 49, 51 – 54 and 56 - 62. 
Amendments No 3, 9 and 25. 
Amendments No 38 - 41. 

EN 

3 

   EN 

 
                                                 
The sixth group of amendments9 concerns transitional provisions intended to make it 
possible for coach and bus manufacturers to gradually adapt to the new procedures 
laid down by the Directive without undermining road safety. 

The  other  amendments10  are  drafting  amendments.  For  instance,  amendment  no  6 
creates  a  link  with  the  Euro 5  and  Euro 6  legislation.  Amendment  no 10  makes  it 
clear  that  there  is  no  overlap  between  the  framework  Directive  and  the  Machinery 
Directive.  Amendment  no  28  makes  it  clear  that  the  technical  amendments  to  the 
aspects  covered  by  the  framework  Directive  may  be  made  by  means  of  an  EC 
regulation. The aim of amendment no 31 is to make type approval possible for any 
source  of  energy  used  for  the  propulsion  of  vehicles.  Amendment  no  36  makes  it 
possible  to  better  define  restraint  system  concepts  for  adults  and  children.  The 
purpose  of  amendment  no  37  is  to  bring  the  wording  into  line  with  a  Resolution 
recently adopted by working group 29 of the United Nations Economic Commission 
for Europe. Amendments no 11 and 16 are corrections. 

The Commission accept all 53 of these amendments. 

5. 

CONCLUSION 

In  accordance  with  Article  250(2)  of  the  EC  Treaty,  the  Commission  amends  its 
proposal in accordance with the above. 

9 
10 

Amendments No 1, 30, 44 and 45. 
Amendments No 6, 10, 11, 16, 28, 31, 36 and 37. 

EN 

4 

   EN