CELEX: 51996PC0159
Language: en
Date: 1996-04-18
Title: Amended proposal for a COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ROADWORTHINESS TESTS FOR MOTOR VEHICLES AND THEIR TRAILERS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               Brussels, 18.04 1996
                                               COM(96) 159 final
                                               95/0226 (SYN)
                           Amended proposal for a
                           COUNCIL DIRECTIVE
ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES
                               RELATING TO
          ROADWORTHINESS TESTS FOR MOTOR VEHICLES
                           AND THEIR TRAILERS
           (presented by the Commission pursuant to Article 189 a (2)
                               of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                      EXPLANATORY MEMORANDUM
On 8 September 1995, the Commission sent to the Council a proposal for a Directive
on the approximation of the laws of the Member States relating to roadworthiness tests
for motor vehicles and their trailers (COM(95)415 final - 95/0226 (SYN)).
On 22 November 19951, the Economic and Social Committee adopted its opinion
which is supportive of all the objectives of the proposed Directive (consolidation
with amendments, in particular the proposal for the testing of speed limitation
devices).
On 29 February 19962, the European Parliament approved the proposal at its first
reading.
The Commission accepted three of the seven requests.
Furthermore, the Commission could not accept the other amendments proposed by the
Parliament for the following reasons :
Amendment which adds a recital la :
makes reference       to the Parliament's     resolution   on codification    and the
 Inter-institutional Agreement on the accelerated working method for official
 codification. As this proposal's main purpose lies in the inclusion of speed limiter
 testing, the Commission cannot accept the recital which suggests that only codification
 is the main reason for the proposal.
   OJ No C 39 of 12.02.1996, p. 24.
   OJ N* C
                                      -2
 ---pagebreak---       Amendment which adds a recital 32a :
      wants the Commission to study the feasibility of extending roadworthiness tests to two
      and three-wheeled vehicles. The Commission saw no reason to carry out such a
      feasibility study as it was already prepared to accept another amendment aiming at
      extension of the scope of the directive to two and three-wheeled vehicles. However,
      this amendment was rejected in the Plenary.
      Amendment to Annex I. point 5 :
      requests to increase the minimum frequency of testing of light commercial vehicles
      and passenger cars from a first test after the vehicles are four years old and thereafter
      every two years (4,2,2,2) to a first test after they are three years old and then every
      year thereafter (3,1,1,1). The Commission cannot accept an increase in the testing
      of light commercial vehicles and passenger cars because some Member States are still,
      with major efforts, in the process of implementation of the minimum frequency testing
      scheme provided for by the Directive.          However, the Directive setting only a
      minimum testing scheme, several other Member States already carry out tests at a
      higher frequency than that provided for by the Directive.
      Amendment to Annex II. point 8.2. :
      introduces a cold start petrol emission test for pre catalyst cars and vans. This is not
      acceptable as cold start testing is not included in the vehicle's original approval and
      so the roadworthiness test could not be more severe in relation to what the vehicle was
      originally designed to meet.
B. The Commission therefore amends its proposal as follows:
   Amendment n° 1 adds a new recital (12a) to ensure that testing is 'conducted
   methodically and to a high standard'.
                                              3-
 ---pagebreak--- Amendment n° 2 adds a new recital (12b) to call on the Commission to report on the
'practical application of this Directive'.
Amendment n* 3 modifies article 2 of the proposal in the sense that it provides the
obligation for Member States to establish authorization and control systems that ensure
an acceptable quality standard for testing centres, particularly where they have the dual
role of roadworthiness testing and repair.
                                           -4
 ---pagebreak---                                  Amended proposal for a
                                 COUNCIL DIRECTIVE
ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES
                                    RELATING TO
                 ROADWORTHINESS TESTS FOR MOTOR VEHICLES
                                 AND THEIR TRAILERS
The proposal from the Commission forming the subject of document COM(95)415 final
95/0226 (SYN)1 is hereby amended as follows :
  Initial text proposed by the Commission                  Amended text
                                   Amendment n° 1
                                  Recital 12a (new)
                                            Whereas each Member State must
                                            ensure, within its own area of
                                            jurisdiction, that roadworthiness tests
                                            are conducted methodically and to a
                                            high standard;
  Initial text proposed by the Commission                  Amended text
                                   Amendment n° 2
                                  Recital 12b (new)
                                            Whereas the Commission must monitor
                                            the practical application of this
                                            directive and report to the European
                                            Parliament and the Council at regular
                                             interval on its findings;
           OJ N* C
                                             5-
 ---pagebreak---  Initial text proposed by the Commission                   Amended text
                                  Amendment n° 3
                                       Article 2
 Roadworthiness tests within the             Roadworthiness tests within the
 meaning of this Directive shall be          meaning of this Directive shall be
 carried out by the State or by bodies or    carried out by the State, or by public
 establishments designated and directly      organizations entrusted with the task,
 supervised by the State.                    or by bodies or establishments
                                             designated and directly supervised by
                                             the State, including duly authorized
                                             private bodies. In particular, when
                                             establishments designated as vehicle
                                             testing centres also operate as motor
                                             vehicle repair workshops, the Member
                                             States shall ensure the objectivity and
                                             high quality of vehicle testing.
                                  Remainder unchanged
Done at Brussels                                    For the Council
                                              6-
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(96) 159 final
                                              DOCUMENTS
EN                                                                       06 07
                                     Catalogue number : CB-CO-96-171-EN-C
                                                             ISBN 92-78-02646-8
Office for Official Publications of the European Communities
L-2985 Luxembourg
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