CELEX: 51972PC1440
Language: en
Date: 1972-11-24
Title: Proposal for a REGULATION OF THE COUNCIL amending Council Regulation (EEC) No 1463/70 of 20 July 1970 on the introduction of recording equipment in road transport (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (72) 1440
Vol. 1972/0189
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 ---pagebreak--- COMMISSION             OF   THE     EUROPEAN           COMMUNITIES
                                             COM(72 ) 1440 final
                                             Brussels . 24 November 1972
                     !
                             Proposal for a
                        REGULATION OF THE COUNCIL
       amending Council Regulation ( EEC ) No 1463/70 of 20 July 1970
       on the introduction of recording equipment in road transport
                 ( submitted to the Council by the Commission )
 COM(72 ) 1440 final
 ---pagebreak---                                        - 1 -
                              EXPLANATORY MMORMDIM
        Under "the combined provisions of Articles 4 said 20 of Council Regu­
lation (EEC ) N° 1463/70^     of 20 July 197° °n the introduction of recor­
ding equipment in road transport , the installation and use of such equip­
ment – of a type complying with' the requirements of that Regulation and
thus qualifying for EEC approval – is compulsory t
a) from 1 January 1975 for vehioles registered for the first time on or
     after thdt date (Article 4 (l ) (a) ), and for vehicles used for the ,
     carriage of dangerous goods vjhatever the date of their registration
     (Article 4 (l ) (b ) ) :
b) from 1 January 1978 for 'other vehioles covered "by the Regulation and .
     whioh on that date are not fitted with equipment of a type which has
     reoeived national approval (Article 4 (2 ) ) J
o ) from 1 January 1980 for vehicles other than those speoified. under a)
     and which on 1 January 1978 are already fitted with equipment of a
     type which has recesived national approval (Article 20 (2 ) )•
        Moreover , Article 20 (l ) of Regulation (EEC )   1463/fO confers on
Member States the power , as regards vehioules registered in their terri­
tory, to prescribe , during 'the period preceding the compulsory introduc­
tion of Community recording equipment , namely until 1 January 1975 » "the
introduction of reoording equipment of a type which has reoeived national
approval .
 (l ) 0JN° L I64 , 27 July 1970.
 ---pagebreak---                                            "•2 τ
                       ι
                                ' . •¥ , •
         In -the interests of road traffic , various Member States want oertain
classes of vehicle to "be fitted with recording equipment as soon as possi­
ble and therefore propose to exeroise the power oonfered on them by Arti­
cle 20 (l )« They sire finding it difficult to presoribe the installation
®f reoording equipment on vehioles used for the carriage of dangerous
goods , beoause under Article 4 (l ) (b) oertain equipment, installed on such
vehicles will have to be replaoed on 1 January 1975 "by "Community equip­
ment ", i.e. after periods of time which will not be sufficiently long for
the cost of the equipment to be absorbed#        In. addition , it must not . be
forgotten that according to .present information it is not oertain that
equipment oonforming to Community standards will be on the market by
1 January 1975 1 for this would have enabled such equipment to be instal­
led and used before that date , removing the need for early replacements.
This of course oould not be foreseen when the Regulation was adopted. The
problem here beoomes all the more difficult sinqe it affects a category
of vehioles – those to be used for the oarriage ©f dangerous goods – for
which the installation and use of reoording equipment is particularly
essential and urgent for road safety reasons .
         To deal with this problem it would appear to be appropriate . to treat
vehicles used for the carriage of dangerous goods and covered by Artiole
4 (l ) (b) in the same way as other vehioles and, thus to ^extend the dero­
gation provided for in Article 20 (2 ) to this oategory of vehiole, so
that... equipment fitted pn these vehioles oan continue to be used until
31 December 1979* <, This solution is acceptable from the safety point of
view sine9 already certain equipment available on the market is efficient
 ---pagebreak---  enough -to "be permitted until 31 December 19T9 » even on vehioles used for
 the oarriage of dangerous goods#
       In this connection it is noted that under Artiole 21 of the Regu­
lation in question the Member States will have to submit for consultac­
tion with the Commission all measures which they decide to take for the
 Introduction of such equipment *
       In oonclusion| it is proposed that Council Regulation (EEC ) N° I463/7O
"be amended in aooordanoe with the following instrument :
                                                                       »•*/
 ---pagebreak---                                PROPOSAL FOR ::A
                         HEGUIATIOW OP THS COUÏÏCÏL
       amending Council Regulation (EEG ) U0 1463/ ifO of 20 Juli 15TJO
       on the introduction of reoording equipment in road transport
THE COUNCIL OP THE EUROPEAN OCffffilUlTDTIES ,
      Having regard to the Treaty establishing the European Eoonomic Com­
munity, and in particular Artiole 75 thereof ;
      Having regard to the proposal from the Commission}
      Having regard to the Opinion of the European Parliament ;
      Having regard to the Opinion of the Economic and Social Committee ,
      Whereas oertain Ilember States have informed the Commission that ':'
they propose to exercise the power oonfered on them by Artiole 20 (l) of
Regulation (EEC ) N° 1463/70 aocording to, whieh each Member State may ' '
prescribe during the period preceding , the compulsory introduction of • =
reoording equipment meeting the requirements of the Regulation," the
installation and use of recording equipment of a type which has received
national approval ;
      Whereas , where Member States exercise that power , equipment of a
type which has received national approval may continue to be used until
SI December 1979 pursuant to the derogation provided for in Article 20 (2 )
of Regulation (EEC )    I463 /7O, except , however , on vehicles registered
 ---pagebreak---                                     - 5 -
for the first time on or after 1 January 1975 or on vehioles used for the
carriage of dangerous goods whatever the date of their registration ?
      Whereas Member States wishing to exeroise the power oonfered "by-
Article 20 (l ) have found it difficult to prescribe that carriers must
instal and use , on vehioles used for the carriage of dangerous goods ,
reoording equipment whioh does not oomply with the requirements of Regu­
lation (EEC ) 11° 1463/70, sinoe the equipment will have to he ohanged on
1 January 1975 » whereas moreover equipment meeting the standards of Regu­
lation (EEC ) N° I463/7O is not yet available on the market j
      Whereas it is particularly important for road safety and supervi­
sion of work that vehioles used for the carriage of dangerous goods should
be fitted with recording equipment as soon as possible ; whereas certain
types of equipment on the market are efficient enough to be approved for
suoh vehioles during a transitional periode (up to 31 Deoember 1979)?
      Whereas vehicles used for the oarriage of dangerous goods , covered
by Article 4 (l ) (b) of Regulation (EEC ) N° I463/7O, should therefore be
treated in the same way as other vehicles , that is to say that the dero­
gation provided for in Article 20 (2 ) should be extended to apply to vehi-
oles used for the oarriage of dangerous goods , so that equipment of a
type which has reoeived national approval and which is installed and used
on such- vehicles may be used until 31 December 1979 »
HAS ADOPTED THIS REGULATION t
                                                                     •••/ •*
 ---pagebreak---                                     - 6 -
                                 Sole Article
       Article 20 (2 ) of Council Regulation (EEC ) N° 1463/70    20 July
1970 is replaced lay "the following I
    11 2 .   By way of derogation from the provisions of Article 4 (l ) (*>)
    n and (2)1 the installation and use of recording ecjuipment oonforming to
    n the provisions of Annexes I and II to this Regulation shall "be com-
    M pulsory only from 1 January 1980 for vehicles fitted with recording
    " equipment of the type permitted under paragraph 1 of this Artiole , M
                                  Done at Brussels , •••••••••••••••
                                     For the Council
                                      The President