Legal provisions of COM(1995)415 - Approximation of the laws of the member states relating to roadworthiness tests for motor vehicles and their trailers

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dossier COM(1995)415 - Approximation of the laws of the member states relating to roadworthiness tests for motor vehicles and their trailers.
document COM(1995)415 EN
date December 20, 1996


Contents

CHAPTER I - General provisions


Article 1

1. In each Member State, motor vehicles registered in that State and their trailers and semi-trailers shall undergo periodic roadworthiness tests in accordance with this Directive and in particular its Annexes I and II.

2. The categories of vehicles to be tested, the frequency of the roadworthiness tests and the items which must be tested are listed in Annexes I and II.

Article 2

The roadworthiness tests provided for in this Directive shall be carried out by the State, or by a public body entrusted with the task by the State or by bodies or establishments designated and directly supervised by the State, including duly authorized private bodies. In particular, when establishments designated as vehicle testing centres also perform motor vehicle repairs, Member States shall make every effort to ensure the objectivity and high quality of the vehicle testing.

Article 3

1. Member States shall take such measures as they deem necessary to make it possible to prove that a vehicle has passed a roadworthiness test complying with at least the provisions of this Directive.

These measures shall be notified to the other Member States and to the Commission.

2. Each Member State shall, on the same basis as if it had itself issued the proof, recognize the proof issued in another Member State showing that a motor vehicle registered on the territory of that other State, together with its trailer or semi-trailer, have passed a roadworthiness test complying with at least the provisions of this Directive.

3. Member States shall apply suitable procedures to establish, as far as practicable, that the brake performance of the vehicles registered in their territory meets the requirements specified in this Directive.

CHAPTER II - Exceptions and derogations


Article 4

1. Member States shall have the right to exclude from the scope of this Directive vehicles belonging to the armed forces, the forces of law and order and the fire service.

2. Member States may, after consulting the Commission, exclude from the scope of this Directive or subject to special provisions, certain vehicles operated or used in exceptional conditions and vehicles which are never, or hardly ever, used on public highways, including vehicles of historic interest manufactured before 1 January 1960 or which are temporarily withdrawn from circulation.

3. Member States may, after consulting the Commission, set their own testing standards for vehicles considered to be of historic interest.

Article 5

Notwithstanding the provisions of Annexes I and II, Member States may:

- bring forward the date for the first compulsory roadworthiness test and, where appropriate, submit the vehicle for testing prior to registration,

- shorten the interval between two successive compulsory tests,

- make the testing of optional equipment compulsory,

- increase the number of items to be tested,

- extend the periodic test requirement to other categories of vehicles,

- prescribe special additional tests,

- require for vehicles registered on their territory higher minimum standards for braking efficiency than those specified in Annex II and may include a test on vehicles with heavier loads provided such requirements do not exceed those of the vehicle's original type-approval.

Article 6

1. By way of derogation from the provisions of Annexes I and II, and until 1 January 1993, Member States may:

- postpone the date of the first compulsory roadworthiness test,

- extend the interval between two successive compulsory roadworthiness tests,

- reduce the number of items to be tested,

- amend the categories of vehicles subject to compulsory roadworthiness tests,

provided that all the light commercial vehicles referred to in section 5 of Annex I are required to undergo roadworthiness tests in accordance with this Directive before that date.

However, in Member States where there was no system of regular roadworthiness testing comparable to that intended by this Directive for this category of vehicles as at 28 July 1988, paragraph 1 shall apply until 1 January 1995.

2. With regard to the private cars referred to in section 6 of Annex I, paragraph 1 shall apply until 1 January 1994.

However, in Member States where there was no system of regular roadworthiness testing comparable to that intended by this Directive for this category of vehicles as at 31 December 1991, paragraph 1 shall apply until 1 January 1998.

CHAPTER III - Final provisions


Article 7

1. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt the separate Directives necessary to define the minimum standards and methods for testing the items listed in Annex II.

2. Any amendments which are necessary to adapt the standards and methods defined in the separate Directives to technical progress shall be adopted in accordance with the procedure laid down in Article 8.

Article 8

1. The Commission shall be assisted by a committee on the adaptation to technical progress of the Directive on roadworthiness tests for motor vehicles and their trailers, hereinafter referred to as the 'Committee`, which shall consist of representatives of the Member States with a representative of the Commission in the chair.

2. The Committee shall adopt its own rules of procedure.

3. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the 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 in the manner set out in the abovementioned Article. The chairman shall not vote.

4. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.

(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

If, within three months of the submission of the proposal to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

Article 9

1. The Commission shall, no later than 31 December 1998, submit a report to the Council on the implementation of roadworthiness testing of private cars, accompanied by any proposal deemed necessary, with particular reference to the frequency and content of tests.

2. No later than three years after the introduction of regular testing of speed limitation devices, the Commission shall examine whether, on the basis of the experience gained, the tests laid down are sufficient to detect defective or manipulated speed limitation devices or whether the rules need to be amended.

Article 10

The Directives listed in Annex III, Part A are hereby repealed as from the date indicated in Article 11, without prejudice to the obligations of the Member States concerning the deadlines for transposition and implementation set out in Annex III, Part B.

References to the repealed Directives shall be construed as reference to this Directive and should be read in accordance with the correlation tables set out in Annex IV.

Article 11

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 9 March 1998. They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.

3. Member States shall adopt the measures necessary to implement the system of tests laid down in this Directive. The measures adopted must be effective, proportionate and dissuasive.

Article 12

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.

Article 13

This Directive is addressed to the Member States.