REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of delegation of powers to the Commission to adopt delegated acts pursuant to Article 18(2) of Directive 2014/45/EU, Article 7(2) of Directive 1999/37/EC and Article 22(2) of Directive 2014/47/EU
Date: 2020-03-04
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: commercial vehicle, delegated legislation, motor vehicle, powers of the institutions (EU), road safety, roadworthiness tests, technical regulations, transfer of competence, vehicle documents, vehicle registration

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   EUROPEAN COMMISSION  Brussels, 4.3.2020  COM(2020) 77 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of delegation of powers to the Commission to adopt delegated acts pursuant  to Article 18(2) of Directive 2014/45/EU, Article 7(2) of Directive 1999/37/EC    and Article 22(2) of Directive 2014/47/EU  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of delegation of powers to the Commission to adopt delegated acts, 
pursuant to Article 18(2) of Directive 2014/45/EU, Article 7(2) of Directive 1999/37/EC 
and Article 22(2) of Directive 2014/47/EU 

1. Introduction 

Article  17  of  Directive  2014/45/EU1,  Article  6  of  Directive  1999/37/EC2  as  amended  by 
Regulation  2014/46/EU3,  and  Article  21  Directive  of  2014/47/EU4  conferred  powers  on  the 
Commission to adopt delegated acts. These powers have been conferred on the Commission 
for  a  period  of  5  years  from  19  May  2014  and  should  be  tacitly  extended  for  periods  of 
identical duration.  

2. Legal basis for the report 

Pursuant  to  Article  18(2),  of  Directives  2014/45/EU,  Article  7(2)  of  Directive  1999/37/EC 
and Article 22(2) of Directive 2014/47/EU, respectively, the Commission should draw up  a 
report in respect to the delegation of powers provided in each respective Directive, not later 
than  nine  months  before  the  end  of  the  five-year  period,  thus  before  19  August  2018.  The 
Commission fully acknowledges and deeply regrets for the late submission of this report. 

3. Exercise of the delegation 

The  Commission  has  not  exercised  yet  any  empowerments  for  any  of  the  three  Directives. 
The following table shows the specific measures under the relevant empowerments:  

1 Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles 
and their trailers and repealing Directive 2009/40/EC Text with EEA relevance, OJ L 127, 29.4.2014, p. 51. 

2 Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles 

OJ L 138, 1.6.1999, p. 57–65 

3 Directive 2014/46/EU of the European Parliament and of the Council of 3 April 2014 amending Council Directive 1999/37/EC on the 
registration documents for vehicles, OJ L 127, 29.4.2014, p. 129. 

4 Directive 2014/47/EU of the European Parliament and of the Council of 3 April 2014 on the technical roadside inspection of the 
roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC Text with EEA relevance, OJ L 127, 
29.4.2014, p. 134. 

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Empowerments in Directive 2014/45/EU 

Delegated act empowerment discription  

Article 17 

  To  update 

the  vehicle  category 
designations  as  appropriate  in  the 
event  of  changes  to  the  vehicle 
from 
stemming 
categories 
approval 
amendments 
type 
to 
the 
legislation,  without  affecting 
scope and frequency of testing. 

  To update point 3 of Annex  I in  the 
that  more  efficient  and 
event 
effective 
test  methods  become 
available,  without  extending  the  list 
of items to be tested. 

  To  adapt  point  3  of  Annex  I, 
following  a  positive  assessment  of 
the  costs  and  benefits  involved,  in 
respect  of  the  list  of  test  items, 
methods,  reasons  for  failure  and 
assessment  of  deficiencies  in  the 
event of a modification of mandatory 
type 
requirements 
approval 
safety  and 
enviromental legislation. 

in  Union 

relevant 

for 

Empowerments in Directive 1999/37/EC 

Delegated act empowerment discription 

  To  amend  Annexes  I  and  II  in  the 
the 

the  enlargement  of 

event  of 
Union.  

  To  amend  Annex  I  in  relation  to  non 
mandatory  elements  in  the  event  of 
the 
changes 
content  of  certificates  of  conformity 
in 
type-approval 
legislation. 

in  definitions  or  of 

relevant 

the 

Article 6 

2 

 
 
 
 
 
 
 
 
 
 
Empowerments in Directive 2014/47/EU 

Delegated act empowerment discription 

Article 21 

  To update Annex IV as appropriate in 
order  to  take  account  of  changes  to 
the vehicle  categories stemming from 
approval 
amendments 
to 
legislation,  without  affecting 
the 
scope of this Directive. 

type 

  To  update  point  2  of  Annex  II  in  the 
event that more efficient and effective 
test  methods  become 
available, 
without  extending  the  list  of  items  to 
be tested. 

  To  adapt  point  2  of  Annex  II  in 
respect  of  the  list  of  test  items, 
methods,  reasons  for  failure  and 
assessment  of  deficiencies 
the 
event  of  a  modification  of  mandatory 
type 
relevant 
requirements 
approval 
or 
in  Union 
environmental legislation.  

for 
safety 

in 

The empowerments in Article 17 of Directive 2014/45/EU, as referred above, have not been 
exercised.  However,  given  the  changes  in  vehicle  category  designations  stemming  from 
amendments  in  the  type  approval  legislation  (Regulation  2018/858/EU),  the  Commission 
should exercise this empowerment to adopt a delegated act.  

Regarding  the  test  methods,  they  remained  unchanged  so  there  was  no  need  to  exercise  the 
empowerment related to this point.  

Finally, following a positive assessment  of the costs and benefits involved, in respect of the 
list of test items, methods, reasons for failure and assessment of deficiencies in the event of a 
modification  of  mandatory  requirements  relevant  for  type-approval  in  Union  safety  or 
environmental  legislation,  an  exercise  of  empowerment    to  adapt  point  3  of  Annex  I  to 
Directive 2014/45/EU is to be exercised by the Commission.  

Specifically, a study to assess whether it is cost-effective to include eCall within the frame of 
the  periodical  inspection  scheme  of  the  European  Union  has  been  finalized,  recommending 
adding  eCall  to  Annex  I  and  Annex  III  of  Directive  2014/45/EU.  In  this  respect,  an  expert 
group is  about  to  be set  up by the Commission  in  order to  seek the advice and  expertise of 
Member States and other relevant stakeholders for the preparation of the delegated act.  

3 

 
 
 
 
 
 
The  empowerments  in  Article  6  of  Directive  1999/37/EC  as  referred  above  have  not  been 
exercised as neither an enlargement of the Union, nor a change in the content of certificates of 
conformity in the relevant type-approval legislation (Directive 2007/46/EC) have occurred.  

The empowerments in Article 21 of Directive 2014/47/EU as referred above, have not been 
exercised,  however,  similarly  to  Directive  2014/45/EU,  an  exercise  of  empowerment  to 
update the vehicle category designation (category T5 vehicles) stemming from amendments in 
the  type  approval  legislation  (Regulation  2019/519/EU)  is  about  to  be  exercised  by  the 
Commission. The above referred expert group is also about to be advised for the preparation 
of  the  delegated  act  for  the  update  of  vehicle  category  designations  in  both  Directives 
2014/45/EU and 2014/47/EU. Furthermore, as the testing methods and the list of test items, 
methods,  reasons  for  failure  and  assessment  of  deficiencies  remain  unchanged,  no  other 
empowerments have been exercised.    

4. Conclusion 

With  this  report  the  Commission  complies  with  the  reporting  obligation  pursuant  to  Article 
18(2)  of  Directive  2014/45/EU,  Article  7(2)  of  Directive  1999/37EC  and  Article  22(2)  of 
Directive 2014/47/EU.  

The Commission invites the Council and the European Parliament to take note of this report. 

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