CELEX: 51989PC0006
Language: en
Date: 1989-02-13
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 77/143/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ROADWORTHINESS TESTS FOR MOTOR VEHICLES AND THEIR TRAILERS

No C 74/14                                Official Journal of the European Communities                                        22. 3. 89
                 Paragraph 12:
                 Add the following two points at the end of the second indent:
                 '— prepare guidelines for evaluating the quality of management using a set of related criteria (utili-
                      zation of appropriations, sound budgetary management, allocation of contracts, meeting of
                      deadlines, etc.),
                   — examine the idea of assigning parts of a given evaluation to a task force to investigate points of
                      detail and to assess the application of results of the research programme in question.'
                 Paragraph 13:
                  13. The Commission will establish an annual calendar of priority activities which will be adopted after
                      consultation with the Committee.
            III. IMPLEMENTATION
                 Paragraph 14 unchanged.
                 Add the following new paragraphs:
                 '15. The Commission will actively stimulate the diffusion of know-how and information obtained from
                       the work of SAST, FAST and Spear in order to maximize the impact of Monitor for similar
                       bodies in the Member States. Diffusion will take the form of research publications, policy
                       memoranda, organizing Monitor seminars and other publicity measures.
                   16. The contracts entered into by the Commission shall regulate the rights and obligations of each
                       party, including the methods of disseminating, protecting and exploiting the research results.'
            Proposal for a Council Directive amending Directive 77/143/EEC on the approximation of the
            laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers
                                                           (COM(89) 6 final)
                              (Submitted by the Commission to the Council on 23 February 1989)
                                                              (89/C 74/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  Whereas Council Directive 77/143/EEC (2), as amended
                                                                          by Directive 88/449/EEC (3), provides for the annual
                                                                          roadworthiness testing of certain road vehicles;
Having regard to the Treaty establishing the European
Economic Community and in particular Article 75                           Whereas the present standards and methods of testing
thereof,                                                                  vary from one Member State to another and this
                                                                          situation affects the equivalence of safety and environ-
                                                                           mental performance levels of tested vehicles operating in
                                                                          the Member States;
Having regard to the proposal from the Commission,
                                                                          Whereas testing must take place on the basis of
Having regard       to   the    opinion     of  the    European            harmonized technical test standards until separate
Parliament,                                                                Directives relating to the various items as listed in Annex
                                                                           II to Directive 77/143/EEC take effect;
Whereas the Council and the representatives of the                        Whereas, as a transitional measure, national test
Governments of the Member States, meeting within the                       standards remain applicable in respect of items not
Council, adopted a resolution on 19 December 1984 on                       covered by such Directives;
road safety (');
                                                                           (2) OJ No L 47, 18. 2. 1977, p. 47.
(') OJ No C 341, 29. 12. 1984, p. 1.                                       (3) OJ No L 222, 12. 8. 1988, p. 10.
 ---pagebreak--- 22. 3. 89                             Official Journal of thi European Communities                             No C 74/15
Whereas technical progress requires prompt adjustment            2.    The representative of the Commission shall submit
of the technical requirements specified in the separate         to the Committee a draft of the measures to be taken.
Directives and whereas, in order to facilitate implemen-        The Committee shall deliver its opinion on the draft
tation of the measures required for this purpose, a             within a time limit which the Chairman may lay down
procedure should be laid down for establishing close             according to the urgency of the matter. The opinion
cooperation between the Member States and the                    shall be delivered by the majority laid down in Article
Commission within a Committee on adaptation to                   148 (2) of the Treaty in the case of decisions which the
technical progress of standard roadworthiness tests,             Council is required to adopt on a proposal from the
                                                                 Commission. The votes of the representatives of the
                                                                 Member States within the Committee shall be weighted
HAS ADOPTED THIS DIRECTIVE:                                      in the manner set out in Article 148 (2) of the Treaty.
                                                                The Chairman shall not vote.
                         Article 1
                                                                 (3) (a) The Commission shall adopt the measures
The following Articles 5 (a), 5 (b) and 5 (c) are hereby                  envisaged if they are in accordance with the
inserted in Directive 77/143/EEC:                                         opinion of the Committee;
 'Article 5 (a)                                                       (b) if the measures envisaged are not in accordance
                                                                          with the opinion of the Committee, or if no
Any changes which are necessary to adapt Annexes I and                    opinion is delivered, the Commission shall,
II to take account of technical progress shall be adopted                 without delay, submit to the Council a proposal
in accordance with the procedure laid down in Article                     relating to the measures to be taken. The
5 (c).                                                                    Council shall act by a qualified majority;
Article 5 (b)                                                         (c) if, within three months following the submission
                                                                          of the proposal to the Council, the Council has
1.     A Committee on the Adaptation to Technical                         not acted, the proposed measures shall be
Progress of the Directives on standard roadworthiness                     adopted by the Commission.'
tests of vehicles (hereinafter called the "Committee") is
hereby set up; it shall consist of representatives of the                                  Article 2
Member States with a representative of the Commission
as Chairman.                                                      1.    Member States shall, after          consulting the
                                                                 Commission, adopt the laws, regulations and adminis-
2.     The Committee     shall adopt    its own   rules of       trative provisions which are necessary to comply with
procedure.                                                       this Directive by 1 January 1990.
Article 5 (c)                                                    2.     Member States shall inform the Commission of the
                                                                 measures which they have taken to implement this
.1.    Where the procedure laid down in this Article is to       Directive.
be followed, the matter shall be referred to the
Committee by the Chairman, either on his own initiative                                    Article 3
or at the request of the representative of a Member
State.                                                           This Directive is addressed to the Member States.