CELEX: 51989PC0201
Language: en
Date: 1989-04-19
Title: PROPOSAL FOR A COUNCIL DIRECTIVE FIXING AN END DATE FOR THE DEROGATION ACCORDED TO IRELAND AND THE UNITED KINGDOM IN DIRECTIVE 89/.../EEC ON THE WEIGHTS AND DIMENSIONS AND CERTAIN OTHER TECHNICAL CHARACTERISTICS OF CERTAIN ROAD VEHICLES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                C0MC89) 201 final
                                                Brussels, 19 April 1989
                           Proposal for a
                          COUNCIL DIRECTIVE
                fixing an end date for the derogation
             accorded to Ireland and the United Kingdom
                       in directive 89/.../EEC
          on the weights and dimensions and certain other
        technical characteristics of certain road vehicles
                    (presented by the Commission)
 ---pagebreak---                                                  &wv to*
                          - 2-
                   EXPLANATORY MEMORANDUM
General Comments
1. Directive 89/.../EEC (1) amending Directive 85/3/EEC (2)
   lays down the maximum authorized weights for 2, 3 and 4
   axle vehicles and 4 axle combined vehicles intended for
   the transport of goods and of passengers.
2. At the time of adoption of Directive 85/3/EEC regulating
   the maximum authorized weights and dimensions for 5 and 6
   axle vehicles, a temporary derogation was accorded to
   Ireland and the UK as regards certain provisions
   concerning weights of Directive 85/3/EEC.
   The reason given for this derogation was that certain
   portions of the road network in Ireland and the United
   Kingdom did not make it possible at that stage to apply
   all the provisions of this Directive.
   The Commission has submitted to the Council two reports
   on this issue and a proposal (3) to fix the end date of
   this derogation at 31 December 1996.
3. At the adoption of Directive 89/.../EEC on 14 March 1989
   a new temporary derogation was accorded to Ireland and
   the UK as regards certain maximum authorized weights for
   the 2, 3 and 4 axle vehicles and 4 axle combined
   vehicles•
   The reasons given for this new derogation are the same as
   for the derogation accorded in Directive 85/3/EEC.
   Therefore the Commission proposes on the basis of the
   above-mentioned reports to fix the end date for this new
   derogation also at 31 December 1996.
                                                             2
 ---pagebreak---                              - 3-
Contents of the Proposal
4. In the recitals explicit reference is made to Directive
   89/.../EEC on which the proposal is based.
   The fifth and sixth recital refer to the reports and the
   proposal of the Commission concerning the similar
   derogations accorded in Directive 85/3/EEC.
5. In Article 1 the end date for the derogation is fixed at
   31 December 1996.
(1) ...
(2) O.J. No. L 2, 3.01.1985,
(3) COM(87)34 and COM(88)759
                                                            3
 ---pagebreak---                            - 4 -
                                PROPOSAL
                             FOR A COUNCIL
       DIRECTIVE FIXING AN END DATE FOR THE DEROGATION
          ACCORDED TO IRELAND AND THE UNITED KINGDOM
                      IN DIRECTIVE 89/.../EEC
       ON THE WEIGHTS AND DIMENSIONS AND CERTAIN OTHER
     TECHNICAL CHARACTERISTICS OF CERTAIN ROAD VEHICLES
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community,
Having, regard to Council Directive 89/.../EEC on the weights and dimensions and
certain other technical characteristics of certain road vehiclesO), and in
particular Article 1(4) trereof,
Having regard to the proposal from the Commission,
Whereas Directive 89/.../EEC lays down maximum authorized
weights and dimensions of certain road vehicles;
Whereas the state of certain portions of the road network
in Ireland and the United Kingdom did not make it possible
at the stage of adoption of Directive 89/.../EEC to apply
all the provisions of this Directive;
Whereas the application of some of these provisions in
those Member States was therefore temporarily deferred;
Whereas Article 1 (4) of Directive 89/..*/EEC 'provides
that the Council shall take a decision before
30 June 1989 and by qualified majority on the date on
which the derogation should come to an end;.
(1)
                                                                              4-
 ---pagebreak---                                                - 5 -
        Whereas the Commission transmitted two reports to the
         Council, on 4 February 1987 and               12 January     1989
         respectively, concerning the development of the
         circumstances which justified similar derogations accorded
         to Ireland and the UK in the past;
        Whereas the information provided in the
         abovementioned reports leads to the conclusion that
        derogations under Directive 89/.../EEC would not be
         justified after 31 December 1996,
          HAS ADOPTED THIS DIRECTIVE :
                                             Article 1
                  The derogation provided for Ireland and the United
        Kingdom in the third indent of Article 1 (4) of Directive
        89/.../EEC shall come to an end on 31 December 1996.
                                             Article 2
                  Member S t a t e s s h a l l take t h e measures necessary t o
         comply with t h i s D i r e c t i v e not l a t e r than 31 December
         1995. They s h a l l forthwith inform t h e Commission t h e r e o f .
                   The provisions adopted pursuant to the f i r s t paragraph shall
        make express reference to this Directive.
                   Member States shall communicate to the Commission the provisions
        of national law which they adopt in the f i e l d governed by this Directive.
                                             Article 3
                  This D i r e c t i v e i s addressed t o the Member S t a t e s .
Done in Brussels,                                               For the Council
                                                                                      S
 ---pagebreak---                  COMPETITIVE IMPACT STATEMENT
The proposed Directive fixes the closing date for the
derogation accorded to Ireland and the United Kingdom in
Directive 89/.../EEC on 31 December 1996. As from this date
vehicles in the UK and Ireland may circulate with the same
weights as in the rest of the Community.
The impact on small and medium enterprises will be two fold :
-  Enterprises in the UK and Ireland can operate under the
   same more economical conditions as in the other Member
   States.
   Lorries entering the territory of the UK and Ireland do
   not need to adapt their loading to the specific
   situation of these countries.
In general the impact of this measure will be positive for
enterprises involved in transport in the whole Community.
 ---pagebreak---  ---pagebreak--- Commission of the European Communities
COM(89) 201 final
 Proposal for a
COUNCIL DIRECTIVE
fixing an end date for the derogation accorded to Ireland and the United
Kingdom in Directive 89/.../EEC on the weights and dimensions and
certain other technical characteristics of certain road vehicles
(presented by the Commission)
 19.4.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 — 6 pp. — Format: 21.0 x 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-48398-9
Catalogue number: CB-CO-89-149-EN-C
 ---pagebreak---                                                   ISSN 0254-1475
COM(89) 201 final
DOCUMENTS
Proposal for a
COUNCIL DIRECTIVE
fixing an end date for the derogation accorded to
Ireland and the United Kingdom in Directive
89/.../EEC on the weights and dimensions and
certain other technical characteristics of certain road
vehicles
(presented by the Commission)
07      06                                      19.4.1989
Catalogue number: CB-CO-89-149-EN-C
ISBN 92-77-48398-9
€
COMMISSION OF THE EUROPEAN COMMUNITIES