Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 96/53/EC as regards the time limit for the implementation of the special rules regarding maximum length in case of cabs delivering improved aerodynamic performance, energy efficiency and safety performance
Date: 2018-05-17
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: aerodynamics, application of EU law, approval, commercial vehicle, energy efficiency, international road transport, road safety, technical standard, weight and size

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   EUROPEAN COMMISSION  Brussels, 17.5.2018 COM(2018) 275 final 2018/0130 (COD)  Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 96/53/EC as regards the time limit for the implementation of the special rules regarding maximum length in case of cabs delivering improved aerodynamic performance, energy efficiency and safety performance    
 
 
EXPLANATORY MEMORANDUM 

1. 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating 
within  the  Community  the  maximum  authorized  dimensions  in  national  and  international 
traffic  and  the  maximum  authorized  weights  in  international  traffic1  was  last  revised  by 
Directive  (EU)  2015/719  of  the  European  Parliament  and  of  the  Council  of  29  April  2015 
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 traffic2.  

One  of  the  aims  of  Directive  (EU)  2015/719  was  to  improve  the  aerodynamics  of  motor 
vehicles  falling  within  the  scope  of  the  Directive  by  allowing  these  to  derogate  from 
maximum lengths restrictions if certain conditions were respected. It was also the aim to adapt 
the  legislation  to  technological  developments  and  changing  market  needs  and  to  facilitate 
intermodal transport. 

The derogation from maximum length restrictions was granted for the rear of vehicles, for the 
mounting of aerodynamic devices3, and for the front of vehicles4 to allow for a more rounded 
and aerodynamic shape of cabs of trucks. 

The present decision concerns the front of the vehicles, that is to say the cabs as contemplated 
in Article 9a of Directive 96/53/EC as amended by Directive (EU) 2015/719. This provision 
establishes a number of conditions, among which compliance of the vehicle with the turning 
radius requirements set out in point 1.5 of Annex I.   
In  its  Impact  Assessment5  accompanying  the  proposal  for  an  amendment  of  Directive 
96/53/EC6, the Commission identified significant benefits of granting the length derogations 
now  contemplated  in  amending  Directive  (EU)  2015/719.  Besides  important  aerodynamic 
improvements from both the aerodynamic rear devices and elongated cabs, such cabs would 
also provide benefits  in terms of better  visibility for drivers, improved safety  for other road 
users as well as safety and comfort for drivers.  

Whereas  the  Impact  Assessment  of  the  Commission  did  not  suggest  the  necessity  of  a 
moratorium  of  the  entry  into  force  of  elongated  cabs,  the  final  compromise  between  the 
legislators, as adopted in Article 9a(3) of Directive (EU) 2015/719, did include a moratorium 
for a period of 3 years. 

Given the current situation, and considering that CO2 emissions from road transport represent 
a quarter of all CO2 emissions in the EU and that emissions from road transport are projected 
to  grow  by  6%  in  the  period  2015  -2030,  the  Commission  considers  that  the  benefits  of 
elongated  cabs  should be  harvested  as  quickly  as  possible.  The  importance  of  this  matter  is 
confirmed  by  the  proposal  on  CO2  standards  for  heavy  goods  vehicles,  as  proposed  by  the 
Commission as part of Mobility Package III, which specifically emphasises the importance of 
aerodynamic  cabs7.  In  fact,  compliance  with  the  future  CO2  emission  standards  for  heavy 

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7 

OJ L 235, 17.9.1996, p. 59. 
OJ L 115, 6.5.2015, p. 1. 
Article 8b 
Article 9a 
SWD(2013) 108 final 
COM(2013) 195 final 
COM(2018)284 

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goods  vehicles  will  require  the  application  of  various  technologies  to  improve  the  energy 
efficiency; among these the introduction of aerodynamic cabs is the most effective measure to 
reduce air drag..  

However,  the  moratorium  included  in  the  current  legislation  deters  manufacturers  from 
improving  aerodynamics  of  cabs  as  a  way  to  achieve  compliance  with  the  upcoming  CO2 
standards  for  heavy  goods  vehicles.  Moreover,  the  moratorium  also  goes  against  the 
innovation  principle  and  the  principles  of  better  regulation  as  it  hinders  the  development  of 
new technologies and concepts.  

Therefore,  the  Commission  is  proposing  to  shorten  the  time  limit  for  the  transposition  of 
Article 9a(1) of Directive 95/53/EC. The proposed new text of Article 9a(3) would still leave 
sufficient time for Member States to take the necessary steps. 

In this context, account has been taken of the time necessary for the adoption of the present 
Decision. 

It  should  also  be  mentioned,  first,  that  the  change  to  the  type  approval  framework 
contemplated  in  Article  9a(2)  can  be  brought  about  by  an  amendment  to  Commission 
Regulation  (EU)  No  1230/20128,  as  emerges  from  a  closer  examination  of  the  issue.  The 
amendment  to  Regulation  (EU)  No  1230/2012,  which  is  estimated  to  be  completed  by  end- 
2018, will be carried out by an implementing measure under the General Safety Regulation9. 
The new time as set out in this proposal takes account of this fact and should ensure that the 
national measures transposing Article 9a(1) of Directive 96/53/EC become applicable at about 
the same time as the amendment to Commission Regulation (EU) No 1230/2012. 

Second,  it  is  not  necessary  to  maintain  the  precise  sequence  of  changes  as  currently 
contemplated in Article 9a(3) of Directive 96/53/EC. Circulation of the vehicles concerned on 
the roads requires, cumulatively, changes to the type approval framework and the change as 
set out in article 9a(1) of Directive 96/53/EC. Transposition of the latter change does not, in 
and of itself, require a prior amendment to the type approval framework. It is sufficient for the 
national  rules  to  provide  for  type  approval  as  a  condition,  as  set  out  in  Article  9a(1)  of 
Directive 96/53/EC. 
The change proposed is fully in line with the Impact Assessment10 already carried out by the 
Commission, which – as mentioned - did not contemplate a moratorium as adopted by the co-
legislators. For the same reason, there would be no need to carry out an Impact Assessment 
for the present proposal. 

• 

Consistency with existing provisions in the policy area 

This proposal is in line with, and supports, the existing policies regarding CO2 standards for 
heavy goods vehicles, as proposed today. It is also in line with existing policies intended to 
reduce the accidents and fatalities in road transport. 

This  proposal  only  advances  the  date  from  which  on  more  aerodynamic  and/or  safer  cabins 
may be used as already provided for since Directive 2015/719, it does therefore not impact on 
intermodal transport and the general objective to promote alternatives to road transport. 

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Commission Regulation (EU) No 1230/2012 of 12 December 2012 implementing Regulation (EC) No 
661/2009 of the European Parliament and of the Council with regard to type-approval requirements for 
masses and dimensions of motor vehicles and their trailers and amending Directive 2007/46/EC of the 
European Parliament and of the Council, OJ L 353, 21.12.2012, p. 31. 
Regulation (EU) 661/2009 
SWD(2013) 108 final 

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• 

Consistency with other Union policies 

The  proposal  contributes  directly  to  the  first  political  priority  of  the  Juncker  Commission: 
Jobs, Growth and Investment by  allowing  truck  manufacturers  and  equipment  suppliers  to 
innovate and produce new models of heavy goods vehicles. This proposal is also intended to 
contribute  to  the  Energy  Union  and  Climate  priority,  through  a  lowering  of  emissions  from 
heavy goods vehicles. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for the proposed amendment is Article 91(1) of the Treaty on the Functioning 
of the European Union ('TFEU').  

• 

Subsidiarity  

The  proposal  is  limited  to  adjusting  the  time  limit  set  out  in  Article  9a(3)  of  Directive 
96/53/EC. Such adjustment can only be brought about by the Union itself.  

Moreover,  distortions  in  the  internal  market  can  only  be  avoided  by  a  single  date  of 
application of the new rules. . 

• 

Proportionality 

The policy proposal is proportionate to the problems that have been identified and it does not 
go beyond what is needed to solve them. Specifically, the measure is confined to adjusting the 
time  limit  for  the  transposition  of Article  9a(1)  of  Directive  96/53/EC  and,  in  addition,  still 
leaves enough time for Member States to take the necessary steps. 

• 

Choice of the instrument 

Amendments  to  Directives  should  normally  come  in  the  same  form,  i.e.  of  amending 
Directives. 

This particular case, however, only involves the change of a time limit imposed on Member 
States. That change, as such, is not liable to be transposed by Member States. Consequently, it 
should take the form of a Decision. 

RESULTS 

3. 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

OF 

EVALUATIONS, 

STAKEHOLDER 

Considering that  no additional  Impact Assessment  is  required for this proposal, reference is 
made  to  the  Impact  Assessment  already  carried  out  by  the  Commission:  SWD  (2013)  108 
final 

4. 

BUDGETARY IMPLICATIONS 

The proposed change has no implications on the Union budget. 

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

The main elements of the proposal are the following: 

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Directive 96/53/EC 

Article 9a  

The current Article 9a(3) includes a 3 years moratorium for the introduction of aerodynamic 
cabs  after  the  date  of  transposition  or  application  of  the  necessary  amendments  as  regards 
technical type-approval requirements.  

It is proposed to adjust Article 9a(3) so as to suppress the 3 years moratorium and to come to 
a shorter, but proportionate time limit. 

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2018/0130 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Directive 96/53/EC as regards the time limit for the implementation 
of the special rules regarding maximum length in case of cabs delivering improved 
aerodynamic performance, energy efficiency and safety performance  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 91(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee11, 
Having regard to the opinion of the Committee of the Regions12, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

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Council  Directive  96/53/EC  of  25 July  1996  laying  down  for  certain  road  vehicles 
circulating within the Community the maximum authorised dimensions in national and 
international traffic for certain road vehicles circulating within the Community and the 
maximum authorised weights in international traffic13 was amended by Directive (EU) 
2015/719  of  the  European  Parliament  and  of  the  Council14  with  the  aim  of  reducing 
energy  consumption  and  greenhouse  gas  emissions,  and  to  adapt  the  legislation  to 
technological  developments  and  changing  market  needs  and  to  facilitate  intermodal 
transport. 

The  improved  aerodynamics  of  the  cabs  of  motor  vehicles  would  allow  significant 
gains  on  the  energy  performance  of  vehicles.  However,  this  improvement  was 
impossible  under  the  maximum  length  restrictions  set  out  by  Directive  96/53/EC 
without  reducing  the  vehicle  load  capacity.  Therefore,  a  derogation  from  maximum 
length restrictions was introduced by Directive (EU) 2015/719.  

Directive  (EU)  2015/719  also  included  a  moratorium  of  three  years  for  the 
introduction of aerodynamic cabs after the date of transposition or application of the 
necessary amendments as regards technical type-approval requirements. 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 235, 17.9.1996, p. 59. 
Directive  (EU)  2015/719  of  the  European  Parliament  and  of  the  Council  of  29  April  2015  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 (OJ L 115, 6.5.2015, p. 1) 

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(4)  With a view for the benefits of aerodynamic cabs, in terms of energy performance of 
heavy goods vehicles, but also in terms of better visibility for drivers, safety to other 
road users as well as safety and comfort for drivers, to materialise as early as possible, 
it  is  necessary  to  ensure  that  such  aerodynamic  cabs  can  be  introduced  without 
unnecessary delay, as soon as the necessary type-approval requirements are in place. 

(5) 

Council Directive 96/53/EC should therefore be amended accordingly, 

HAVE ADOPTED THIS DECISION: 

In Article 9a of Council Directive (EU) 96/53/EC, paragraph 3 is replaced by the following: 

Article 1 

‘(3) Paragraph 1 shall apply from [XXX] [OP please insert date: 4 months from the entry into 
force of the present decision].’ 

Article 2 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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