THE OBJECTIVE IN VIEW .
13 THE COMMISSION HAS POINTED OUT THAT COUNCIL DIRECTIVE 77/143/EEC OF 29 DECEMBER 1976 , ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ROADWORTHINESS TESTS FOR MOTOR VEHICLES AND THEIR TRAILERS ( OFFICIAL JOURNAL L 47 , P . 47 ), NOW GOVERNS THE MATTER . BY LAYING DOWN AN OBLIGATION TO SUBMIT MOTOR VEHICLES TO PERIODIC ROADWORTHINESS TESTS , THE DIRECTIVE PRECLUDES ANY REFUSAL TO REGISTER A VEHICLE ON GROUNDS CONNECTED WITH ROADWORTHINESS .
14 THIS VIEW CANNOT BE ACCEPTED . THE PURPOSE OF THE DIRECTIVE , ACCORDING TO ITS FOURTH RECITAL , IS TO HARMONIZE AS FAR AS PRACTICABLE THE FREQUENCY OF TESTS AND THE COMPULSORY ITEMS TO BE TESTED . AS IS STATED IN ARTICLE 3 , THE DIRECTIVE DOES NOT PREVENT MEMBER STATES FROM SUBMITTING ANY VEHICLE TO A TEST PRIOR TO REGISTRATION .
15 THE DIRECTIVE DOES , HOWEVER , REGULATE THE PERIODIC TESTS WHICH FOLLOW OR , IN CASES WHERE A USED VEHICLE IS IMPORTED , PRECEDE THE TEST FOR REGISTRATION . UNDER ARTICLE 5 , MEMBER STATES ARE TO TAKE THE NECESSARY MEASURES TO MAKE IT POSSIBLE TO PROVE THAT A VEHICLE HAS PASSED A PERIODIC TEST IN COMPLIANCE WITH THE DIRECTIVE ; THESE MEASURES ARE TO BE NOTIFIED TO THE OTHER MEMBER STATES AND THE COMMISSION .
16 THE ITALIAN GOVERNMENT HAS STATED THAT IT HAS COMPLIED WITH THIS PROVISION BY SUBMITTING A SPECIMEN OF THE CERTIFICATE WHICH IS PERIODICALLY ISSUED FOR VEHICLES REGISTERED IN ITALY . IT HAS EXPRESSED ITS WILLINGNESS TO RECOGNIZE , FOR THE PURPOSE OF REGISTERING BUSES IMPORTED FROM OTHER MEMBER STATES , PROOF TO THE EFFECT THAT SUCH VEHICLES HAVE PASSED THE PERIODIC ROADWORTHINESS TESTS PRESCRIBED IN THE PREVIOUS COUNTRY OF REGISTRATION IN COMPLIANCE WITH THE DIRECTIVE . WHEN THE DIRECTIVE HAS BEEN IN FORCE FOR A PERIOD OF SEVEN YEARS IT WILL NO LONGER BE NECESSARY TO RETAIN THE SPECIAL RULES APPLICABLE TO OLD BUSES IMPORTED FROM OTHER MEMBER STATES .
17 THE COURT CONSIDERS , HOWEVER , THAT EVEN BEFORE THE EXPIRY OF THE PERIOD OF SEVEN YEARS FROM THE DATE ON WHICH THE DIRECTIVE CAME INTO FORCE , A TOTAL REFUSAL TO ALLOW OLD BUSES TO UNDERGO THE ROADWORTHINESS TESTS WITH A VIEW TO REGISTRATION EXCEEDS WHAT IS NECESSARY TO ENSURE ROAD SAFETY WITHIN THE ITALIAN TERRITORY .
18 IF THE ITALIAN AUTHORITIES TAKE THE VIEW THAT , IN ORDER TO REGISTER A BUS WHICH WAS MANUFACTURED MORE THAN SEVEN YEARS PREVIOUSLY , THEY MUST NOT ONLY SUBJECT THE VEHICLE TO TESTS BUT ALSO KNOW ITS MECHANICAL HISTORY FOR THE PERIOD IN WHICH IT WAS DRIVEN IN ANOTHER MEMBER STATE , THEY MAY REQUIRE PRODUCTION OF SUCH ROADWORTHINESS CERTIFICATES AS THEY CONSIDER NECESSARY . IN SUCH A CASE IT IS A MATTER FOR THE DISCRETION OF THE ITALIAN AUTHORITIES TO APPRAISE THESE CERTIFICATES WHEN THEY ARE NOT COVERED BY THE DIRECTIVE . IT IS NOT OPEN TO THEM , HOWEVER , TO REFUSE OUTRIGHT TO