CELEX: 51988PC0759
Language: en
Date: 1989-01-12
Title: PROPOSAL FOR A DIRECTIVE AMENDING DIRECTIVE 85/3 ON THE WEIGHTS AND DIMENSIONS AND CERTAIN OTHER TECHNICAL CHARACTERISTICS OF CERTAIN ROAD VEHICLES

No C 45/14                             Official Journal of the European Communities                                   24. 2. 89
                                                               II
                                                       (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Directive amending Directive 85/3/EEC on the weights, dimensions and certain
                                    other technical characteristics of certain road vehicles
                                                      COM(88) 759 final
                                     (Submitted by the Commission on 16 January 1989)
                                                         (89/C 45/12)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas the Commission has asked in that report for a
                                                                    classification of all bridges in seven defined classes
Having regard to the Treaty establishing the European               followed by a strategic plan for the assessment and
Economic Community, and in particular Article 75                    strengthening work to be done in order to enable the
thereof,                                                            Commission to make a proposal concerning the duration
                                                                    of the derogation;
Having regard to the proposal from the Commission,
                                                                    Whereas on the basis of the first report and the infor-
Having regard       to  the   opinion    of  the   European         mation provided since then, the Commission has drafted
Parliament,                                                         a second report, which deals with all derogations
                                                                    accorded to Ireland and the United Kingdom in
Having regard to the opinion of the Economic and                    Directive 85/3/EEC and its amendments;
Social Committee,
                                                                    Whereas this report concludes that there will be no
Whereas Directive 85/3/EEC (1), as amended by                       further justification for a general derogation once the
Directive 88/218/EEC (2), lays down maximum auth-                   sub-standard bridges have been identified and those on
orized weights, dimensions and other technical charac-              principal routes have been strengthened;
teristics of certain road vehicles;
                                                                    Whereas bridges which still require strengthening after
Whereas the state of certain portions of the road                   the end of the derogation could be covered by local
network in Ireland and the United Kingdom did not                   restrictions but that there is then no justification for a
make it possible at the stage of adoption of Directive              further general derogation;
85/3/EEC and its amendments to apply all the
provisions of this Directive;
                                                                    Whereas, once safety considerations are met in this way,
                                                                    the full application of the provisions of Directive
Whereas the application of some of these provisions in
                                                                    85/3/EEC will have beneficial effects on the operation
those Member States was therefore temporarily deferred
                                                                    of transport facilities,
under arrangements to be laid down by the Council in a
decision to be taken at a later date;
                                                                    HAS ADOPTED THIS DIRECTIVE:
Whereas it was not yet possible to lay down those
arrangements in Directive 85/3/EEC;
                                                                                             Article 1
Whereas the Commission transmitted on 4 February
                                                                    Directive 85/3/EEC is hereby amended as follows:
1987 a first report to the Council (3) indicating that the
bridges in Ireland and the United Kingdom which were
built according to the design standards applied in those            Article 8 is replaced by the following:
Member States are sufficiently strong to carry the
maximum authorized weights of Directive 85/3/EEC;                        Article 8
                                                                        The provisions of Article 3 as regards the standards
(') OJ No L 2, 3. 1. 1985, p. 14.                                       referred to in points 2.2, 3.3.2 and 3.4 of Annex I
(2) OJ No L 98, 15. 4. 1988, p. 48.                                     shall not apply to the United Kingdom and Ireland
(') COM(87) 34 final.                                                   until 31 December 1996.
 ---pagebreak--- 24. 2. 89                             Official Journal of the European Communities                               No C 45/15
    However, the United Kingdom and Ireland shall                                              Article 2
    apply until 31 December 1996 Article 3 to the
                                                                  After consulting the Commission, Member States shall
    articulated vehicles referred to in point 2.2.2 of
                                                                  take the measures necessary to comply with this
    Annex I where:
                                                                  Directive not later than 1 July 1989.
    — the total laden weight does not exceed 38 tonnes,
    — the weight on any tri-axle with the spacing                 Member States shall inform the Commission of the
        specified in point 3.3.2 of Annex I does not              measures they take to implement this Directive.
        exceed 22,5 tonnes,
    and to the combined vehicles referred to in point 2.2                                      Article 3
    of Annex I where the weight per driving axle does
    not exceed 10,5 tonnes.'                                      This Directive is addressed to the Member States.
              Proposal for a Council Directive amending Directive 64/432/EEC as regards administrative
                    areas and a cessation of serological testing for brucellosis in certain types of swine
                                                     COM(89) 10 final
                                    (Submitted by the Commission on 27 January 1989)
                                                        (89/C 45/13)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          HAS ADOPTED THIS DIRECTIVE:
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                                               Article 1
thereof,                                                          Directive 64/432/EEC is hereby amended as follows:
Having regard to the proposal from the Commission,
                                                                   1. in Article 2 (o), seventh indent, 'provincie' is replaced
Having regard       to  the   opinion   of  the   European            by ' R W - K r i n g ' ;
Parliament,
                                                                  2. in Article 3 (4) the following is added after indent (ii):
Having regard to the opinion of the Economic and                      'However, these tests need only apply to swine which
Social Committee,                                                     were reared or had spent some time in an extensive
"Whereas Council Directive 64/432/EEC of 26 June                      rearing system';
1964 on animal health problems affecting intra -
Community trade in bovine animals and swine ('), as last          3. in Annex F, Health Certificate Model              III, the
amended by Directive 88/406/EEC (2), described part of                following phrase is added to footnote (6):
a Member State's territory defined as a region;                       'and which were reared or had spent some time in an
                                                                      extensive rearing system'.
Whereas, as a result of a change in administrative units,
the Netherlands should be allowed to apply this unit
within the context of intra-Community trade;                                                   Article 2
Whereas, owing to a diminution of disease combined                Member States shall bring into force the laws, regu-
with changing production patterns, the requirement to             lations and administrative provisions necessary to comply
blood test certain types of swine entering intra-                 with this Directive not later than 1 June 1989 and shall
Community trade should be abandoned,                              forthwith inform the Commission thereof.
                                                                                               Article 3
(') OJ No 121, 29. 7. 1964, p. 1977/64.
(2) OJ No L 194, 22. 7. 1988, p. 1.                               This Directive is addressed to the Member States.