on the Council common position for adopting a
directive of the European Parliament and of the Council establishing
a framework for the approval of motor vehicles and their trailers,
and of systems, components and separate technical units intended for
such vehicles ("Framework Directive")
(9911/3/2006 – C6-0040/2007 –
2003/0153(COD))
Committee on the Internal Market and
Consumer Protection
on the Council common position for
adopting a directive of the European Parliament and of the Council
on establishing a framework for the approval of motor vehicles and
their trailers, and of systems, components and separate technical
units intended for such vehicles ("Framework Directive")
– having
regard to the Council common position (99113/3/2006 –
C6-0040/2007),
– having
regard to its position at first reading(1) on the Commission proposal to
Parliament and the Council (COM(2003)0418)(2),
– having
regard to the amended Commission proposal (COM(2004)0738)(3),
– having
regard to Article 251(2) of the EC Treaty,
– having
regard to Rule 62 of its Rules of Procedure,
– having
regard to the recommendation for second reading of the Committee on
the Internal Market and Consumer Protection (A6-0145/2007),
1. Approves
the common position as amended;
2. Instructs
its President to forward its position to the Council and
Commission.
Council common position
Amendments by Parliament
Amendment 1
Recital
5
(5) In
order to enable manufacturers to adapt to the new
harmonised procedures, a sufficient lead-time should be
allowed before Community vehicle type-approval becomes
compulsory for vehicles belonging to categories other
than M1 that are built in one stage. A longer lead-time
is required for vehicles of categories other than M1
that require a multi-stage approval, since that
procedure will involve body-builders, who will need to
gain sufficient experience in that field so that the
necessary procedures can be implemented properly.
(5)
In order to enable manufacturers to adapt to the new
harmonised procedures, a sufficient lead-time should be
allowed before Community vehicle type-approval becomes
compulsory for vehicles belonging to categories other
than M1 that are built in one stage. A longer lead-time
is required for vehicles of categories other than M1
that require a multi-stage approval, since that
procedure will involve body-builders, who will need to
gain sufficient experience in that field so that the
necessary procedures can be implemented
properly.
However,
due to the importance of safety for vehicles of category
M2 and M3, during the transitional period when national
type approval is still valid in order to allow
manufacturers to get experience with EC vehicle type
approval, it is necessary that those vehicles comply
with the technical requirements of the harmonised
directives.
Justification
For buses and coaches of
category M2 and M3 the introduction dates of EC vehicle
type approval are in contradiction with the present
consideration because, for those categories of vehicles,
a lead time before the mandatory application of EC
vehicle type approval is not foreseen. In order to
remove this contradiction, and to guarantee the safety
of those vehicles by an early mandatory application of
the safety standards, it is proposed to mandate the
harmonised technical requirements also during the
transitional period when national type approval is
allowed.
Amendment 2
Recital 10,
paragraph 2
Consequently,
United Nations Economic Commission for Europe (UNECE)
Regulations to which the Community accedes, in
application of that Decision, and amendments to
UNECE Regulations to which the Community
has already acceded should be incorporated within
the Community type-approval procedure either as
requirements for EC vehicle type-approval, or as
alternatives to existing Community law. In particular,
where the Community decides, by means of a Council
decision, that a UNECE Regulation shall become part of
the EC vehicle type-approval procedure and replace
existing Community law, the necessary adaptations should be
made to this Directive by the
regulatory procedure provided for in Council Decision
1999/468/ECof 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the
Commission1.
Consequently,
United Nations Economic Commission for Europe (UNECE)
Regulations to which the Community accedes, in
application of that Decision, and amendments to
UNECE Regulations to which the Community
has already acceded should be incorporated within
the Community type-approval procedure either as
requirements for EC vehicle type-approval, or as
alternatives to existing Community law. In particular,
where the Community decides, by means of a Council
decision, that a UNECE Regulation shall become part of
the EC vehicle type-approval procedure and replace
existing Community law, the
Commission should be empowered to make the
necessary adaptations to this Directive.Since
those measures are of general scope and are designed to
amend non-essential elements of this Directive or to
supplement it by the addition of new non-essential
elements, they should be adopted in accordance with the
regulatory procedure with scrutiny provided for in
Article 5a of Decision 1999/468/EC.1
Justification
Reference should be made to
the new regulatory procedure with scrutiny laid down in
Article 5a of Council Decision 1999/468/EC, as amended
by Decision 2006/512/EC.
Amendment 3
Recital 10 a
(new)
(10a) For
the purposes of better regulation and simplification and
in order to avoid having to constantly update existing
Community legislation on issues of technical
specifications, it should be possible for this Directive
or for separate directives and regulations to
makereferences to existing international standards and
regulations without reproducing them in the Community
legal framework.
Justification
This recital supports the
addition of a new paragraph 4 in Article 34. In an area
of continuing technical innovation, it is desirable to
create a close link between the evolution of the
technical and scientific knowledge and the legislation
in order to avoid a continuous process of updating
Community technical legislation.
Amendment 4
Recital
13
(13)
These measures should only apply to a limited number of
parts and
equipment,
the list of which should be established after
having consulted the stakeholders and the regulatory
Committee referred to in this Directive. Such
measures should ensure that the parts or equipment in
question do not impair the safety or environmental
performance of the vehicle while at the same time
preserving wherever
possible competition in the aftermarket.
(13)
These measures should only apply to a limited number of
parts or
equipment. The
list of such parts
or equipment and subsequent requirements should
be establishedafterhaving consulted stakeholders and the regulatory
Committee referred to in this Directive. In
establishing the list, the Commission shall consult
stakeholders on the basis of a report and strive for a
fair balance between the requirements of improving road
safety and environmental protection, as well as the
interests of consumers, manufacturers and distributors
in preserving competition in the
aftermarket.
Justification
Transparency of the whole
regulatory Committee process should be ensured, not only
the establishment of the list of parts, in line with the
recommendations of the CARS 21 high level group on
Better Regulation.
Amendment 5
Recital
14
(14) The
list of parts and equipment, the essential systems
concerned as well as the testing and implementation
measures should be determined in accordance with the
procedure referred to in Article 40(2) of this
Directive.
(14) The
list of parts and equipment, the essential systems
concerned as well as the testing and implementation
measures should be determined in accordance with the
procedure referred to in Article 40(2) of this
Directive. Since
those measures are of general scope and are designed to
amend non-essential elements of this Directive or to
supplement it by the addition of new non-essential
elements, they should be adopted in accordance with the
regulatory procedure with scrutiny provided for in
Article 5a of Decision 1999/468/EC.
Justification
Reference should be made to
the new regulatory procedure with scrutiny laid down in
Article 5a of Council Directive 1999/468/EC; as amended
by Decision 2006/512/EC.
Amendment 6
Recital 17 a
(new)
(17a) It
is equally important that manufacturers
make information readily
available to independent operators to ensure the
servicing and
repairing of vehicles in a fully competitive
market.
These
information requirements have so far been incorporated
in Community legislation,
and in particular in the proposal for a regulation on
type approval of motor vehicles with
respect to emissions (Euro 5 and 6) and on access to
vehicle repair and maintenance
information (COM(2005)0683),
on the basis that the Commission will
review, no later than four years after the
date of entry into force of
that Regulation, the
effectiveness
of these articles and may consequently
consider whether it would be appropriate
to consolidate all provisions governing
access to vehicle repair and maintenance
information within this Directive.
Justification
This amendment aims at making
Recital 17a (new) consistent with the wording in the
Euro 5 Regulation.
Amendment 7
Recital
18
(18) With
the aim of simplifying and accelerating the procedure,
measures implementing the separate directives or
regulations as well as measures for adapting the Annexes
to this Directive and the separate directives or
regulations, in particular to the development of
scientific and technical knowledge should be adopted in
accordance with Decision 1999/468/EC.
(18) With
the aim of simplifying and accelerating the procedure,
measures implementing the separate directives or
regulations as well as measures for adapting the Annexes
to this Directive and the separate directives or
regulations, in particular to the development of
scientific and technical knowledge should be adopted in
accordance with Decision 1999/468/EC. Since
those measures are of general scope and are designed to
amend non-essential elements of this Directive or of the
separate directives or regulations, or to supplement
them by the addition of new non-essential elements, they
should be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of
Decision 1999/468/EC. The same procedure should apply to
adaptations needed for the type-approval of vehicles
intended for persons with disabilities.
Justification
The possibility to amend the
Framework Directive and the separate directives and
regulations by comitology in order to allow the approval
of vehicles adapted to the needs of persons with
disabilities should be provided.Reference should be made
to the new regulatory procedure with scrutiny laid down
in Article 5a of Council Decision 1999/468/EC; as
amended by Decision 2006/512/EC.
Amendment 8
Recital
19
(19)
Experience shows that appropriate measures may have to
be taken without delay with a view to ensuring a better
protection of road users, where shortcomings have been
identified in the existing legislation. For such urgent
cases, the necessary amendments to the separate
directives or regulations should be adopted in
accordance with Decision 1999/468/EC.
(19)
Experience shows that appropriate measures may have to
be taken without delay with a view to ensuring a better
protection of road users, where shortcomings have been
identified in the existing legislation. For such urgent
cases, the necessary amendments to the separate
directives or regulations should be adopted in
accordance with Decision 1999/468/EC. Since
those measures are of general scope and are designed to
amend non-essential elements of the separate directives
or regulations or to supplement them by the addition of
new non-essential elements, they should be adopted in
accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision
1999/468/EC.
Justification
Reference should be made to
the new regulatory procedure with scrutiny laid down in
Article 5a of Council Decision 1999/468/EC, as amended
by Decision 2006/512/EC.
Amendment 9
Recital 23 a
(new)
(23a) The
requirements of this Framework Directive are in
accordance with the principles enshrined in the Action
plan introducing a Strategy for further coordinated
action to simplify the regulatory environment (COM(2002)0278).
It is of
particular importance that future measures proposed on
the basis of this Directive or procedures to be
implemented in application of it should comply with
these principles, which have been recalled in the
Commission communication on a Competitive Automotive
Regulatory framework for the 21st Century
(COM(2007)0022).
Justification
It is appropriate for the key
piece of automotive regulation to be set into the
broader context of the integrated approach endorsed by
Commission, Parliament and Council
Amendment 10
Article 2,
paragraph 3
3.
Type-approval or individual approval under this
Directive is optional for the following vehicles:
3.
Type-approval or individual approval under this
Directive is optional for the following
vehicles:
(a)
vehicles designed and constructed for use principally on
construction sites or in quarries, port or airport
facilities;
(a)
vehicles designed and constructed for use principally on
construction sites or in quarries, port or airport
facilities;
(b)vehicles designed and constructed for use by the
armed services, civil defence, fire services and forces
responsible for maintaining public order;
(b)
vehicles designed and constructed for use by the armed
services, civil defence, fire services and forces
responsible for maintaining public order;and
(c)
mobile machinery,
(c)
mobile machinery,
to the
extent that these vehicles are able to fulfil the
requirements of this Directive. Such optional approvals
are without prejudice to the application of Directive
2006/42/EC.
Amendment 11
Article 3,
point 30
30)
“competent authority” in Article 42 means either
the approval or designating
authority or an accreditation body acting on
their behalf;
30)
“competent authority” in Article 42 means either
the approval authorityor adesignated
authority,
or an accreditation body acting on their behalf
respectively;
Justification
This small correction
clarifies which are the authorities in the Member States
empowered to assess the skills of the technical
services.
Amendment 12
Article 9,
paragraph 2, subparagraph 1 a (new)
The
multi-stage type-approval shall apply also to complete
vehicles converted or modified by another
manufacturer.
Justification
As different opinions exist
amongst the Member States on how to type-approve
vehicles which are modified by another manufacturer
before their first registration, the amendment is
intended to clarify that converted or modified vehicles
must be type-approved in accordance with the multi-stage
procedure. As a consequence, not all tests have to be
repeated on the converted or modified vehicles but only
those which are affected by the
modifications.
Amendment 13
Article 20,
paragraph 1
1. Member
States may, on application by the manufacturer, grant an
EC type-approval in respect of a type of system,
component or separate technical unit that incorporates
technologies or concepts which are incompatible with one
or more regulatory acts listed in Part I of Annex IV,
subject to authorisation being granted by the Commission
in accordance with the procedure referred to in Article
40(2).
1. Member
States may, on application by the manufacturer, grant an
EC type-approval in respect of a type of system,
component or separate technical unit that incorporates
technologies or concepts which are incompatible with one
or more regulatory acts listed in Part I of Annex IV,
subject to authorisation being granted by the Commission
in accordance with the procedure referred to in Article
40(2a).
Justification
The regulatory procedure laid
down in Articles 5 and 7 of Decision 1999/468/EC should
be followed for the adoption of individual decisions by
the Commission (as opposed to measures of general scope,
for which the regulatory procedure with scrutiny laid
down in Article 5a of that Decision is
foreseen).
Amendment 14
Article 20,
paragraph 4, subparagraph 1
The
Commission shall decide, in accordance with the
procedure referred to in Article
40(2), whether or not to allow the Member State
to grant an EC type-approval in respect of that type of
vehicle.
The
Commission shall decide, in accordance with the
procedure referred to in Article
40(2a), whether or not to allow the Member State
to grant an EC type-approval in respect of that type of
vehicle.
Justification
The regulatory procedure laid
down in Articles 5 and 7 of Decision 1999/468/EC should
be followed for the adoption of individual decisions by
the Commission (as opposed to measures of general scope,
for which the regulatory procedure with scrutiny laid
down in Article 5a of that Decision is
foreseen).
Amendment 15
Article 21,
paragraph 2, subparagraph 2
If the
necessary steps to adapt the regulatory acts have not
been taken, the validity of an exemption may be
extended, at the request of the Member State which
granted the approval, by another decision adopted in
accordance with the procedure referred to in Article
40(2).
If the
necessary steps to adapt the regulatory acts have not
been taken, the validity of an exemption may be
extended, at the request of the Member State which
granted the approval, by another decision adopted in
accordance with the procedure referred to in Article40(2a).
Justification
The regulatory procedure laid
down in Articles 5 and 7 of Decision 1999/468/EC should
be followed for the adoption of individual decisions by
the Commission (as opposed to measures of general scope,
for which the regulatory procedure with scrutiny laid
down in Article 5a of that Decision is
foreseen).
Amendment 16
Article 30,
paragraph 1
1. If a
Member State which has granted an
EC type-approval finds that new vehicles, systems,
components or separate technical units accompanied by a
certificate of conformity or bearing an approval mark do
not conform to the type it has approved, it shall take
the necessary measures, includingthe withdrawal of type-approval, to ensure that
production vehicles, systems, components or separate
technical units, as the case may be, are brought into
conformity with the approved type. The approval
authority of that Member State shall advise the
approval authorities of the other Member States of
the measures taken.
1. If a
Member State which has granted an
EC type-approval finds that new vehicles, systems,
components or separate technical units accompanied by a
certificate of conformity or bearing an approval mark do
not conform to the type it has approved, it shall take
the necessary measures, including, where
necessary, the withdrawal of type-approval, to
ensure that production vehicles, systems, components or
separate technical units, as the case may be, are
brought into conformity with the approved type. The
approval authority of that Member State shall
advise the approval authorities of the other
Member States of the measures taken.
Justification
To give type approval
authorities the flexibility to take appropriate action
as they consider fit
Amendment 17
Article 31,
title
Parts and
equipment which pose
a significant risk to the correct functioning of
essential systems
Sale and entry
into service of parts or equipment which are
capable of posing a significant risk to the
correct functioning of essential systems
Amendment 18
Article 31,
paragraph 1
1.
Member States shall prevent
the sale, the offer for sale or entry into service of
parts or equipment which are capable of posing a
significant risk to the correct functioning of systems
that are essential for the safety of the vehicle or for
its environmental performance, unless
they have been authorised by an approval
authority in accordance with paragraphs
4 to 6.
1.
Member States shall permit
the sale, the offer for sale or entry into service of
parts or equipment which are capable of posing a
significant risk to the correct functioning of systems
that are essential for the safety of the vehicle or for
its environmental performance, onlyif
those parts or equipment have been authorised by
an approval authority in accordance with
paragraphs 4 to 7.
A list of
suchparts
or equipment shall be established in Annex XIII in
accordance with the procedure referred to in Article
40(2), taking
account of available information on:
1a.Parts
or equipment subject to
authorization in accordance with paragraph 1
shall be inserted
in the list as established in Annex XIII in
accordance with the regulatoryprocedure with
scrutiny referred to in Article 40(2).
Such a
decision shall be based on an impact assessment and
strive for a fair balance between the following
elements:
- the
seriousness of
the risk to the safety or environmental
performance of vehicles fitted with parts and
equipment under consideration; and
a) the
existence of a serious
risk tothe safety or environmental performance of
vehicles fitted with the
parts or
equipment under consideration; and
- the
effect on consumers and manufacturers in the
after-market of the imposition under this Article of a
possible authorisation requirement on parts and
equipment.
b)
the effect on consumers and manufacturers in the
after-market of the imposition under this Article of a
possible authorisation requirement on parts or
equipment.
Justification
Clearer statement of the
listing procedure to be followed and the objectives to
be achieved.
Amendment 19
Article 31,
paragraph 2
2.
Paragraph 1 shall not apply to original parts and
equipment and to parts or equipment which are
type-approved in accordance with the provisions of one
of the regulatory acts listed in Annex IV, except
where the
approval relates
to aspects other than those covered in paragraph 1.
However,
provisions
for identifying such parts and
equipment when placed on the market may, where
appropriate, be adopted in accordance with the procedure
referred to in Article 40(2).
2.
Paragraph 1 shall not apply to original parts or
equipment which are
covered by a system type-approval with respect to a
vehicleand to parts or equipment which are type-approved
in accordance with the provisions of one of the
regulatory acts listed in Annex IV, except where
those
approvals relate to aspects other than those
covered in paragraph 1. Paragraph
1 shall not apply to parts or equipment exclusively
produced for racing vehicles not intended for use on
public roads. If parts or equipment included in Annex
XIII have a dual use for racing and on the road, these
parts or equipment may not be sold or offered for sale
to the general public for use in on-road vehicles unless
they comply with the requirements of this Article.
Provisions
for identifying such parts or
equipment when placed on the market may, where
appropriate, be adopted in accordance with the regulatory
procedure with
scrutiny referred to in
Article 40(2).
Amendment 20
Article 31,
paragraph 3
3.
The
list referred to in paragraph 1 may be
updated and, to the extent necessary,
the model and numbering system of the certificate
referred to in paragraph 4 as well as aspects
relating to
the procedure, the requirements, the
marking, packaging and the appropriate tests
shall be established in accordance with the procedure
referred to in Article 40(2). The
requirements can be based on the regulatory acts
listed in Annex IV or can
consist of a comparison of the part or equipment with
the performance of the original vehicle, or of any of
its parts, as appropriate. In these
cases, the requirements
must ensure that the parts or equipment do not impair
the functioning of those systems that are essential for
the safety of the vehicle or its environmental
performance
3. The
procedure
and the requirements of the authorisation process
referred to in paragraph 1, and the
provisions for the subsequent updating of the
list, shall be established in accordance with the
regulatory
procedure with
scrutiny referred to in Article 40(2),after
consultation of
stakeholders. Those requirements
shall include prescriptions for
safety, environmental protection
and, where needed, for testing standards.They
may be based on the regulatory acts listed in
Annex IV,may
be developed according to the
relevant state of safety, environmental
and testing technology, or, if these
are not feasible,
may
consist of a comparison of the part or equipment with
the environmental
or safety performance of the original vehicle, or
of any of its parts, as appropriate.
Justification
Clarifies the potential
approval requirements for parts in this
category.
Amendment 21
Article 31,
paragraph 4 a (new)
4a. Each
part or piece of equipment authorised in application of
this Article shall be appropriately marked.
Marking
and packaging requirements, as well as the model and
numbering system of the certificate referred to in
paragraph 4, shall be adopted in accordance with the
regulatory procedure with scrutiny referred to in
Article 40(2).
Justification
Marking of authorised parts
is essential for consumers’ information and for market
surveillance. The Council text is not clear if
authorised parts must be mandatory
marked.
Amendment 22
Article 31,
paragraph 8
8. This
Article shall not be applicable before the list
referred to in paragraph 1 has been established.
For any entry or group of entries in that
list a reasonable transitional period shall be
fixed during
which the prohibition referred to in paragraph 1 shall
be suspended in order to allow the manufacturer
of the part or equipment to apply for and obtain an
authorisation. At the same time a date may be fixed,
where appropriate, to exclude parts and equipment
designed for vehicles type-approved before that date
from the application of this Article.
8. This
Article shall not be applicable to a part
or piece of equipment before it is
listed in Annex XIII. For any entry or group of
entries in Annex
XIII a reasonable transitional period shall be
fixed to allow the manufacturer of the part or equipment
to apply for and obtain an authorisation. At the same
time a date may be fixed, where appropriate, to exclude
parts and equipment designed for vehicles type-approved
before that date from the application of this
Article.
Justification
Modified wording to align
with the changes in Article 31(1)
Amendment 23
Article 31,
paragraph 9
9. As
long as a decision as to whether or not a particular
part or piece of equipment is to be included in the list
referred to in paragraph 1 has not been taken,
Member States may maintain national provisions
dealing with parts and
equipment which are capable of affecting
the correct functioning of systems that are
essential for the safety of the vehicle or its
environmental performance.
9.
As long as a decision as to whether or not a part or
piece of equipment is to be included in the list
referred to in paragraph 1 has not been taken,Member States may maintain national provisions
dealing with parts or
equipment which are capable of posing a
significant risk to the correctfunctioning of systems that are essential for the
safety of the vehicle or its environmental
performance.
Once
a
positive or negative decision has been taken, the
national provisions dealing with the parts or equipment
in question shall cease to be valid.
Once such a
decision has been taken, the national provisions
dealing with the parts or equipment in question shall
cease to be valid.
Justification
Clarifies the conditions
under which national requirements will remain
valid
Amendment 24
Article 31,
paragraph 9 a (new)
9a. As
from the date of entry into force of this Directive,
Member States shall not adopt new provisions dealing
with parts and equipment which can affect the correct
functioning of systems that are essential for the safety
of the vehicle or its environmental
performance.
Justification
To avoid confusing situation
after the entry into force of Article 31
Amendment 25
Article 34,
paragraph 3 a (new)
3a. Direct
references may be made in this Directive or in the
separate directives or regulations to international
standards and regulations without reproducing them in
the Community legal framework.
Justification
In the interest of
simplification, it is desirable that cross-references
may be made in a directive or regulation to technical
requirements included for example in a UNECE regulation.
Where appropriate, such references may include
automatically the latest amendments to such a
regulation. This principle may also be applied to
cross-references to international standards such as CEN,
ISO, etc.
Amendment 26
Article 39,
paragraph 2
2.
Amendments to the Annexes to this Directive or to the
provisions of the separate directives or regulations
listed in Part I of Annex IV, which are necessary to
adapt them to the development of scientific and
technical knowledge shall be adopted in accordance
with the procedure referred to in Article 40(2).
2.
Amendments to the Annexes to this Directive or to the
provisions of the separate directives or regulations
listed in Part I of Annex IV, which are
necessary to adapt them to the development of scientific
and technical knowledge or to the
specific needs of persons with disabilities shall
be adopted in accordance with the regulatory
procedure with
scrutiny referred to in
Article 40(2).
Justification
The amendment aims at
empowering the Commission to adopt the necessary
adaptations to the Community legislation in order to
ease type-approval of vehicles which have undergone
specific technical modifications for persons with
disabilities.
Amendment 27
Article 39,
paragraph 3
3.
Amendments to this Directive which are necessary to
apply the
system of EC type-approval
to vehicles other than those equipped with an internal
combustion engineand to
lay down technical requirements for small series
vehicles, vehicles approved under the individual
approval procedure and special purpose vehicles shall be
adopted in accordance with the procedure referred to in
Article 40(2).
3.
Amendments to this Directive which are necessary to lay
down technical requirements for small series vehicles,
vehicles approved under the individual approval
procedure and special purpose vehicles shall be adopted
in accordance with the regulatory
procedure with
scrutiny referred to in Article 40(2).
Amendment 28
Article 39,
paragraph 7 a (new)
7a. The
annexes to this Directive may be amended by means of
regulations.
Justification
In the interest of
simplification, which is one of the corner-stones of
“Better Regulation”, it is desirable that the technical
aspects covered by the annexes of the Framework
Directive could be made directly applicable in the
Member States, thus avoiding unnecessary
delays.
Amendment 29
Article 40,
paragraph 2
2. Where
reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.
The period
referred to in Article 5(6) of Decision 1999/468/EC
shall be set at three months.
2. Where
reference is made to this paragraph, Article 5a
(1) to (4), and Article7
of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.
2a. Where
reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.
Justification
Reference should be made to
the new regulatory procedure with scrutiny laid down in
Article 5a of Council Decision 1999/468/EC, as amended
by Decision 2006/512/EC. There seems to be agreement
between the institutions that the indication of the
period in Article 5 (6) is no longer needed.
Amendment 30
Article 45,
paragraph 3 a (new)
3a. At the
request of the manufacturer, and until the dates
specified in footnote 1 of Annex XIX, Member States
shall continue to grant national type-approvals as an
alternative to EC vehicle type-approval for the vehicle
category M2 or
M3
on the
condition that the vehicles, their systems, components
and separate technical units have been type-approved in
accordance with the regulatory acts listed in Part I of
Annex IV to this Directive.
Justification
Such provision will allow for
an earlier application of the regulatory acts on a
mandatory basis, and at the same time will ease the
administrative burden on manufacturers in the changeover
from national vehicle approval systems to the EC
type-approval system.
Amendment 31
Article 45,
paragraph 4
4. As
regards motor vehicles, paragraphs 1, 2 and 3 shall
apply only to vehicles equipped with an internal
combustion engine. For the purposes of those provisions,
hybrid electric vehicles shall be deemed to be equipped
with an internal combustion engine.
deleted
Justification
The deletion of this
paragraph will allow type-approval of vehicles using
technologies other than internal combustion engines,
e.g. fuel-cell vehicles
etc.
Justification
Amendment 32
Article
46
Member
States shall determine the penalties applicable for
infringement of the provisions of this Directive and of
the regulatory acts listed in Part I of Annex IV and
shall take all necessary measures for their
implementation. The penalties determined shall be
effective, proportionate and dissuasive. Member States
shall notify these provisions to the Commission no later
than …. * and shall notify any subsequent modifications
thereof as soon as possible.
Member
States shall determine the penalties applicable for
infringement of the provisions of this Directive,
andin
particular of the prohibitions contained in or resulting
from Article 31, and of the regulatory acts
listed in Part I of Annex IV and
shall take all necessary measures for their
implementation. The penalties determined shall be
effective, proportionate and dissuasive. Member States
shall notify these provisions to the Commission no later
than …. * and shall notify any subsequent modifications
thereof as soon as possible.
Justification
Simpler drafting consistent
with the modified art.31 (1).
Amendment 33
Annex II,
section A, point 5
5.
"Special purpose vehicle" means a vehicle of
category M, N or O for conveying passengers or goods
andfor
performing a special
function for
which special body arrangements and/or equipment are
necessary.
5.
"Special purpose vehicle" means a vehicle intended
to
perform a function which requires
special body arrangements and/or equipment. This
category shall include wheel-chair accessible
vehicles.
Justification
The amendment aims at
including within the ‘special purpose vehicle category’
vehicles which are constructed or converted to
accommodate wheel-chair users. It will thus be possible
to lay down specific technical provisions for
type-approving such vehicles at Community level. In
addition, the definition has been
simplified.
Amendment 34
Annex II,
section A, point 5, point 5.4 a. (new)
5.4a.
"Wheel-chair accessible vehicle" means a vehicle of
category M1
constructed or converted specifically so that it
accommodates one or more person(s) seated in their
wheel-chair(s) when travelling on the
road.
Justification
The amendment provides for a
clear definition of a vehicle converted for the purposes
of transporting wheel-chair users seated in their own
wheel-chairs. The definition together with the new
Appendix to Annex XI will allow specific technical
provisions for type-approving such vehicles to be laid
down at Community level.
Amendment 35
Annex II,
section C, point 5, indent SGH a (new)
SGa
Wheel-chair accessible vehicle (See Annex II, section A,
item 5.4a.)
Justification
The amendment is related to
the definition newly included in Annex II, section A,
point 5.
Amendment 36
Annex IV,
Part I, item 31, column 1
31. Seat
belts
31. Seat
belts and
restraint systems
Justification
The amendment aims at
ensuring consistency with the introduction of a new
obligation to type-approve child restraint systems under
Directive 77/541/EEC.
This amendment should also
apply to: Annex IV, Part I, Appendix, item 31 - Annex
IV, Part II, item 31 - Annex VI, Appendix, item 31 -
Annex XI, Appendix 1, item 31 - Annex XI, Appendix 2,
item 31 - Annex XI, Appendix 3, item 31 - Annex XI,
Appendix 4, item 31
Amendment 37
Annex V,
appendix 2, paragraph 10.1 and paragraph 10.2,
introductory wording and point (a)
10.1. The
competent
authority must, without undue delay, make the
decision on whether to grant, confirm or extend
designation of a technical service on the basis of the
report(s) and any other relevant information.
10.1. The
approval
authority must, without undue delay, make the
decision on whether to grant, confirm or extend
designation of a technical service on the basis of the
report(s) and any other relevant information.
10.2. The
competent
authority must provide a certificate to the
technical service. This certificate must identify the
following:
10.2. The
approval
authority must provide a certificate to the technical
service. This certificate must identify the
following:
a) the
identity and logo of the competent
authority;
a) the
identity and logo of the approval
authority;
Amendment 38
Annex VII,
point 1, Section 1, indents 19 and 34
19 for
Romania;
34 for
Bulgaria;
Justification
The amendment is related to
the enlargement of the European Union.
Amendment 39
Annex VII,
Appendix, point 1.1., indents 19 and 34
19 For
Romania
34 For
Bulgaria
Justification
The amendment is related to
the enlargement of the European Union.
Amendment 40
Annex IX,
Part I, Side 2, point 47, rows 1 and 7
: ... |
Czech Republic: ...
Belgium:
..| Bulgaria:
..| Czech Republic:..
Poland:
... | Portugal: ...
Poland:
... | Portugal: ..| Romania:
..
Justification
The amendment is related to
the enlargement of the European Union.
This amendment should apply
for complete or completed vehicles of category M1, categories M2 and M3; categories N1, N2 and N3 and for categories
O1, O2, O3 and O4.
Amendment 41
Annex IX,
Part II, Side 2, point 47, rows 1 and 7
: ... |
Czech Republic: ...
Belgium:
..| Bulgaria:
..| Czech Republic:..
Poland:
... | Portugal: ...
Poland:
... | Portugal: ..| Romania:
..
Justification
The amendment is related to
the enlargement of the European Union.
This amendment should apply
for incomplete vehicles of category M1, categories M2 and M3; categories N1, N2 and N3 and for categories
O1, O2, O3 and O4.
Amendment 42
Annex XI,
Appendix 2 a (new)
Amendment
by Parliament
Appendix
2a
Wheel-chair
Accessible Vehicles
Item
Subject
Regulatory
act reference
M1
1
Sound
levels
70/157/EEC
X
2
Emissions
70/220/EEC
G +
W1
3
Fuel
tanks/rear protective devices
70/221/EEC
X +
W2
4
Rear
registration plate space
70/222/EEC
X
5
Steering
effort
70/311/EEC
X
6
Door
latches and hinges
70/387/EEC
X
7
Audible
warning
70/388/EEC
X
8
Indirect
vision devices
2003/97/EEC
X
9
Braking
71/320/EEC
X
10
Suppression
of radio interference
72/245/EEC
X
11
Diesel
smoke
72/306/EEC
X
12
Interior
fittings
74/60/EEC
X
13
Anti-theft
and immobiliser
74/61/EEC
X
14
Protective
steering
74/297/EEC
X
15
Seat
strength
74/408/EEC
X +
W3
16
Exterior
projection
74/483/EEC
X +
W4
17
Speedometer
and reverse gear
75/443/EEC
X
18
Plates
(statutory)
76/114/EEC
X
19
Seat
belt anchorages
76/115/EEC
X +
W5
20
Installation
of lighting and light signalling devices
76/756/EEC
X
21
Reflex
reflectors
76/757/EEC
X
22
End-outline,
front position (side), rear-position (side), stop,
side marker, daytime running lamps
76/758/EEC
X
23
Direction
indicators
76/759/EEC
X
24
Rear
registration plate lamps
76/760/EEC
X
25
Head
lamps (including bulbs)
76/761/EEC
X
26
Front
fog lamps
76/762/EEC
X
27
Towing
hooks
77/389/EEC
X
28
Rear
fog lamps
77/538/EEC
X
29
Reversing
lamps
77/539/EEC
X
30
Parking
lamps
77/540/EEC
X
31
Seat
belts and restraint systems
77/541/EEC
X +
W6
32
Forward
vision
77/649/EEC
X
33
Identification
of controls
78/316/EEC
X
34
Defrost/demist
78/317/EEC
X
35
Wash/wipe
78/318/EEC
X
36
Heating
systems
2001/56/EC
X
37
Wheel
guards
78/549/EEC
X
39
CO2
emissions/fuel
consumption
80/1268/EEC
X +
W7
40
Engine
power
80/1269/EEC
X
41
Diesel
emissions
2005/55/EC
X
44
Masses
and dimensions
92/21/EEC
X +
W8
45
Safety
glass
92/22/EEC
X
46
Tyres
92/23/EEC
X
50
Couplings
94/20/EC
X
53
Frontal
impact
96/79/EC
X +
W9
54
Side
impact
96/27/EC
X +
W10
58
Pedestrian
protection
2003/102/EC
X
59
Recyclability
2005/64/EC
N/A
60
Frontal
protection system
2005/66/EC
X
61
Air
conditioning systems
2006/40/EC
X
Justification
The amendment provides for a
list of decisions to be applied for type-approving
vehicles constructed or converted for the purposes of
transporting wheel-chair users seated in their own
wheel-chairs. The list applies not only for vehicles
constructed for such purposes but also for converted
vehicles which have been subject to an EC vehicle
type-approval. In the first case, the ‘normal’
type-approval regime applies whilst in the latter, the
‘multi-stage’ approval regime is applicable. In both
cases, a letter ‘X’ means that no exemption to the
Community legislation in force is permitted while a
letter ‘W’ provides for a reference to specific
provisions; 'G' means requirements according to the
category of the base/incomplete vehicle.
Amendment 43
Annex XI,
"Meaning of Letters", after letter V
W1Requirements
must be complied with, but modification in the exhaust
system is permitted without any further test provided
the emission control devices including particulate
filters (if any) are not affected. No new evaporative
test shall be required on the modified vehicle on
condition that the evaporative control devices are kept
as fitted by the manufacturer of the base
vehicle.
An EC type
approval issued to the most representative base vehicle
remains valid irrespective of change in the reference
mass.
W2Requirements
must be complied with, but modification of the routing,
length of the refuelling duct, fuel hoses and fuel
vapour pipes is permitted. Re-location of the original
fuel tank is permitted.
W3 A
wheel-chair location is considered as a seating
position. For each wheel-chair sufficient space shall be
provided. The longitudinal plane of the special area
shall be parallel to the longitudinal plane of the
vehicle.
Appropriate
information shall be made available to the vehicle owner
that a wheel-chair used as a seat in the vehicle must be
capable of withstanding the forces transmitted by the
tie-down mechanism during the various driving
conditions.
Appropriate
adaptations may be made to the seats of the vehicle
provided that their anchorages, mechanisms and head
restraints guarantee the same level of performance
provided for in the Directive.
W4
Compliance with Directive shall be required for the
boarding aids when in the resting
position.
W5 Each
wheel-chair location shall be fitted with an integrated
restraint system which consists of a restraint system
for the wheel-chair and a restraint system for the
wheel-chair user.
Anchorages
for restraint systems shall resist forces as prescribed
in Directive 76/115/EEC and in Standard ISO 10542-1:
2001.
Webbings
and hardware intended to secure the wheel-chair
(tie-down mechanisms) shall meet the requirements of
Directive 77/541/EEC and of the relevant part of
Standard ISO 10542.
Tests
shall be performed by the technical service which has
been appointed for testing and checking in accordance
with the Directives referred to above. The criteria are
those included in these Directives. Tests shall be
performed with the surrogate wheel-chair described in
Standard ISO 10542.
W6.
When, due
to the conversion, anchorage points for the safety belts
need to be moved outside the tolerance provided for in
point 2.7.8.1. of Annex I to Directive 77/541/EEC,
the technical service shall check whether the alteration
constitutes a worst case or not. If that is the case,
the test provided for in Annex VII to
Directive 77/541/EEC shall be performed. Extension
to the EC type-approval does not need to be
issued.
W7.
A new
measurement relating to CO2 emissions
does not need to be performed when, in application of
the provisions under W1, no fresh
tests have to be performed with regard to tail pipe
emissions.
W8 For the
purposes of calculations, the mass of the wheel-chair
including the user shall be assumed to be 100 kg. The
mass shall be concentrated at the H point of the
three-dimensional machine.
The
technical service shall also consider the possibility to
use electric wheelchair(s), the mass of which, including
the user, is assumed to be 250 kg. Any limitation
in the passenger capacity resulting from the use of
electric wheelchair(s) shall be recorded in the
type-approval certificate and an appropriate language
thereto shall be included in the certificate of
conformity.
W9 No new
test shall be required on the modified vehicle on
condition that the front part of the chassis located in
front of the R point of the driver is not affected by
the conversion of the vehicle and no part of the
supplementary restraint system (air-bag(s)) has been
removed or deactivated.
W10 No new
test shall be required on the modified vehicle on
condition that the side reinforcements have not been
altered and no part of the supplementary restraint
system (side air-bag(s)) has been removed or
deactivated.
Justification
The amendment provides for
guidance for type-approving vehicles constructed or
converted for the purposes of transporting wheel-chair
users seated in their own wheel-chairs. This amendment
completes the introduction of the new Appendix 2 a to
Annex XI.
Amendment 44
Annex XIX,
row 6
Council
common position
Incomplete
and complete vehicles of category
M2, M3
18 months
after entry into force
18 months
after entry into force
30
months after entry into force
Amendment
by Parliament
Incomplete
and complete vehicles of category
M2, M3
18 months
after entry into force
18 months
after entry into force1
36
months after entry into force
1
For
the purposes of the application of Article 45(3a),
this date is postponed by 12 months.
Amendment 45
Annex XIX,
row 9
Council
common position
Completed
vehicles of category M2, M3
18 months
after entry into force
36
months after entry into force
60
months
after entry into force
Amendment
by Parliament
Completed
vehicles of category M2, M3
18 months
after entry into force
30
months after entry into force1
48
months
after entry into force
1
For
the purposes of the application of Article 45(3a),
this date is postponed by 12 months.
The proposal is a
Framework Directive bringing together a large number of individual
Type-approvals - hence the extent of the technical annexes - and
represents an important advance in the completion of the Single
Market. Viewed in a historical context, it is surprising that - with
such an extensive level of harmonised legislation - the Internal
Market still does not have a fully integrated type-approval
procedure that would allow manufacturers of all types of vehicles
and trailers to take full advantage of it. While passenger cars have
benefited from a single type approval for many years, this proposal
firstly brings about a full harmonization of the test certification
approval procedures. The proposal also brings the bus directive
fully into the type approval procedure, resulting in improved safety
standards for buses, and makes provisions for incorporating the
relevant UNECE regulations within the overall Type-Approval
procedure.
In Parliament's First
Reading, adopted in February 2004, the main issue was simplifying
the procedure for low-volume vehicles. Council now proposes figures
which are greater than in the original Commission proposal, but fall
short of Parliament's First Reading amendments. Your Rapporteur
proposes to accept, in a spirit of compromise, the Council's
position in this respect.
The second main issue
addressed by Parliament in First Reading concerned the release of
technical information. This has now been dealt with by the
Commission in its EURO-5 proposal and was supported by the Opinion
of the Internal Market Committee drawn up by Mrs Weisgerber (2005/0282(COD)).
On that basis your Rapporteur does not recommend the re-tabling of
these amendments but proposes a short recital cross reference to the
Euro-5 decision.
The draft
recommendation, firstly, updates the Directive in respect of the
latest enlargement (the accession of Bulgaria and Romania) and
tables the amendments necessary to bring the Directive into line
with the 2006 Decision on Comitology(1), introducing the new procedure
of 'Regulatory Committee with scrutiny' wherever this is necessary.
The additional transparency offered by the comitology decision is
seen as particularly important for updating measures in this
proposal.
Secondly, the draft
recommendation covers an important category of modified vehicles for
disabled persons (wheel-chair accessible vehicles), which has not
been properly recognized within the categories of special purpose
vehicles based on volume production cars or vans. With the technical
assistance of the Commission services, a new Technical Annex and
corresponding article are proposed, which will enable them to
benefit from the Internal Market. In this way, provision can be made
for approval of such specialised vehicles, similar to the approval
procedure for ambulances or hearses.
The Commission
Modified Proposal contains an entirely new provision on the
authorisation of spare parts (article 31), as parts and equipment
sold by independent producers could potentially pose a significant
risk to the correct functioning of vehicle safety and environmental
systems. The Commission accordingly added a provision (deriving from
the parallel discussion on design protection for 'must-match' parts)
to ensure that independent production of these specifically
identified parts conforms to the technical parameters necessary for
the overall safe operation of the vehicle.
It is important that
the Framework Directive balances consumer and producer interests
while maintaining competition in the after-market. Your Rapporteur
believes that the Commission has provided a sound framework, but
proposes amendments to make the procedures clearer, more effective,
more transparent and in compliance with better regulation practice.
In this context, the
operation of the comitology procedure will be critical, as it will
be responsible for deciding which parts will be included in which
category for a pan-European Type-Approval. It will be important to
ensure that the decisions that will be taken will strive to achieve
a fair balance between the interests of safety, the environment,
consumers and manufacturers.
Overall, your
Rapporteur is very supportive of this proposal and considers that it
completes the Internal Market acquis for a very important economic
sector.
Council Decision of 17 July 2006
amending Decision 1999/468/EC laying down the procedures
for the exercise of implementing powers conferred to the
Commission, published in OJ L 200 of 22.07.20006
PROCEDURE
Title
Car industry: harmonised approval of vehicles, trailers and
systems (recast directive)
Date receipt of common
position announced in plenary
18.1.2007
Committee
responsible
Date announced in
plenary
IMCO
18.1.2007
Rapporteur(s)
Date
appointed
Malcolm Harbour
31.8.2004
Discussed in
committee
23.1.2007
28.2.2007
20.3.2007
Date adopted
12.4.2007
Result of final
vote
+:
–:
0:
39
0
0
Members present for the
final vote
Georgi Bliznashki, Charlotte Cederschiöld, Gabriela Creţu,
Rosa Díez González, Martin Dimitrov, Janelly Fourtou, Evelyne
Gebhardt, Małgorzata Handzlik, Malcolm Harbour, Edit Herczog,
Pierre Jonckheer, Alexander Lambsdorff, Kurt Lechner, Toine
Manders, Arlene McCarthy, Bill Newton Dunn, Guido Podestà,
Karin Riis-Jørgensen, Giovanni Rivera, Zuzana Roithová, Heide
Rühle, Leopold Józef Rutowicz, Christel Schaldemose, Andreas
Schwab, Ovidiu Ioan Silaghi, Alexander Stubb, Eva-Britt
Svensson, Marianne Thyssen, Jacques Toubon, Bernadette
Vergnaud, Barbara Weiler
Substitute(s) present for
the final vote
Wolfgang Bulfon, Jean-Claude Fruteau, Othmar Karas, Manuel
Medina Ortega, Søren Bo Søndergaard, Gary Titley, Anja
Weisgerber
Substitute(s) under Rule
178(2) present for the final vote