Explanatory Memorandum to COM(2010)542 - Approval and market surveillance of two- or three-wheel vehicles and quadricycles - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2010)542 - Approval and market surveillance of two- or three-wheel vehicles and quadricycles. |
|---|---|
| source | COM(2010)542  |
| date | 04-10-2010 |
The term ‘L-category vehicles’ covers a wide range of different vehicle types with two, three or four wheels, e.g. two- and three-wheel mopeds, two- and three-wheel motorcycles and motorcycles with side-cars. Examples of four-wheel vehicles, also referred to as quadricycles, are quads and mini-cars.
Type-approval requirements for new vehicles of the L category are currently set out in Directive 2002/24/EC1 of the European Parliament and of the Council (the ‘Framework Directive’). In addition, a series of Directives referred to in the Framework Directive contain detailed technical requirements relating to L-category vehicles.
The Commission has identified a number of key concerns associated with the current provisions for the type-approval of new L-category vehicles, which need to be addressed: – the complexity of the legal framework; – the level of emissions and its increasing share in total road transport emissions, which are decreasing overall; – vehicle functional safety aspects related to type-approval requirements; – the lack of a legal framework for vehicles fitted with new technologies; – selling and registration of certain vehicles, systems, components or separate technical units imported in the EU market which do not comply with the current type-approval requirements regarding vehicle functional safety and/or environmental protection.
Existing provisions in the area of the proposal Framework Directive of the European Parliament and Council 2002/24/EC i Directives: 93/14/EEC i 93/30/EEC i 93/33/EEC i 93/93/EEC i 95/1/EC i 97/24/EC i 2000/7/EC i 2002/51/EC i 2009/62/EC i 2009/67/EC i 2009/78/EC i 2009/79/EC i 2009/80/EC i 2009/139/EC i Type-approval legislation is addressed in the political initiative ‘CARS 21’[16]. This initiative was launched in 2005 to carry out a regulatory and policy review of the automotive sector to advise the Commission on future policy options. One of the reasons for setting up CARS 21 was the concern expressed by automotive industry stakeholders that the cumulative cost of regulation had a negative effect on competitiveness and made vehicles unnecessarily expensive. The CARS 21 Final Report i concluded that while most of the legislation in force should be maintained for the protection of citizens and the environment, a simplification exercise should be undertaken so as to rationalise the regulatory framework and move towards international harmonisation of requirements. This simplification exercise has been planned in the ‘Commission second progress report on the strategy for simplifying the regulatory environment’[18]. Any possible initiative should be aligned with this strategy. In line with the European strategy on air quality i, the European Union has constantly strengthened the emission standards for motor vehicles, in particular for hydrocarbons, carbon monoxide, nitrogen oxides and particulate matter. This will also be the case for this proposed regulatory framework for L-category vehicles. The type-approval measures in this legal framework are also aligned with the European Road Safety Action Plan 2011-2020 and the European Road Safety Charter (ERSC) i, 2000-2010. The ERSC aimed to halve the number of road fatalities by 2010. Unfortunately, riders of L-category vehicles belong to a vulnerable road user group with the highest fatality and injury rates among all road users. Finally, this proposal also incorporates a number of provisions of Decision No 768/2008/EC of the European Parliament and of the Council i on a common framework for the marketing of products, to enhance the implementation and enforcement of the new Regulation. These specify the responsibilities of the economic operators in the supply chain and the respective market surveillance authorities involved, in particular with regard to post-market surveillance and control of products entering the European Union market. Also, the requirements for bodies or organisations to which Member States may delegate some assessment tasks of vehicles, systems, components or separate technical units are enhanced with a view to ensuring a level playing field and avoiding distortion of competition that may arise from different levels of stringency and performance applied by these third party organisations when testing, inspecting and assessing vehicles, systems, components or separate technical units for which type-approval is sought.
Contents
Consultation of interested parties The European Commission launched a public consultation seeking to gather the views of interested parties on its outlined proposals for new legislation on L-category vehicle approval. A consultation document was published i to provide background and ask for opinions on the new framework intended to replace the current legislative framework. The public consultation targeted those groups that would be most affected by the proposal for a new legal framework, including type-approval authorities in Member States, manufacturers, suppliers and consumers. It was published in English, French and German on a website set up specifically for that purpose. The European Commission has acknowledged the receipt of all stakeholder responses to the consultation, and these have been made publicly available i.
Consultation methods, main sectors targeted and general profile of respondents In developing the proposal, the European Commission has consulted stakeholders in a number of ways: The public consultation was held from 22 December 2008 to 27 February 2009 on the internet, covering possible controversial aspects of the proposal. Reactions were received from Member States, the L-category vehicle and component manufacturing industry, transport organisations, organisations representing users, other non-governmental organisations and individual citizens. The elements of the draft proposal have been discussed in several meetings of the European Commission’s Working Group (MCWG) i on L-category vehicles. Finally, many bilateral meetings with individual stakeholders have been held at which their opinions and views could be freely expressed.
Summary of responses and how they have been taken into account The European Commission received 57 responses to the internet consultation. A number of issues were raised by stakeholders. The results of the public consultation were summarised in a report i and presented and discussed on 29 June 2009 at a meeting of the European Commission’s Working Group on L-category vehicles (MCWG), to which all stakeholders were invited to comment. The impact assessment that accompanies this proposal gives an account of the issues raised and discusses how they have been taken into consideration.
Impact assessment For each of the main aspects of the proposal, different options were analysed by listing possible advantages and disadvantages in terms of economic, environmental, safety and societal aspects. Qualitative and quantitative aspects were both included in this analysis. In a next step, the different options were compared and one preferred option or a logical combination of two preferred options were identified and described. These preferred options form the basis for this new Framework Regulation. The draft report was scrutinised by the Impact Assessment Board and the recommendations for its improvement were integrated in the final report as far as possible. The opinion of the Impact Assessment Board on the report is published together with this proposal, as well as the final Impact Assessment report and its executive summary. 3. Legal elements of the proposal Legal basis The legal basis of the proposal is Article 114 of the Treaty on the Functioning of the European Union (TFEU). Subsidiarity principle Prior to the establishment of EU type-approval for L-category vehicles, standards were established at Member State level. This legislation adopted by Member States often differed, and manufacturers selling vehicles, systems, components or separate technical units on several markets were then obliged to vary their production according to the Member States for which their vehicles, systems, components or separate technical units were intended and had these tested in each Member State concerned, which was time-consuming and costly. Different national rules consequently hindered trade, and had a negative effect on the establishment and functioning of the internal market. It was therefore necessary to establish directives at EU level, especially to address EU-wide trans-boundary concerns regarding safety and the adverse health and environmental effects of air pollution. High emissions in local urban settings may be controlled by Member States’ individual measures, but global emissions do not stop at the border of a Member State. This Europe-wide concern can only be addressed with harmonised, EU-wide measures. Framework Directive 2002/24/EC1, which was based on Article 95 of the Treaty establishing the European Community, was designed to do this and aimed to establish an internal market while ensuring a high level of protection of health, safety and the environment. Such a rationale is still valid today as European Union action is necessary to avoid fragmentation of the internal market and to ensure a high and equal level of protection across Europe. A further added value of EU legislation is that industry will be able to profit from economies of scale through harmonised legal requirements: for instance, vehicles, systems, components or separate technical units can be made for the whole European market, instead of being customised to obtain national type-approval for every single Member State. Also, adaptation of the legal framework to technical progress will ensure a level playing field for manufacturers with regard to new technology. Consumers will benefit from lower prices of vehicles, systems, components or separate technical units, which are constantly under pressure owing to EU-wide competition. Finally, strengthening the market surveillance measures will help ensure the same set of rules for all manufacturers selling or are responsible for the entry into service of vehicles, systems, components or separate technical units on the EU market and ensure that environmental and vehicle-safety type-approval requirements are actually effective. Proportionality principle The proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the objectives of ensuring the proper functioning of the internal market while at the same time providing for a high level of public safety and environmental protection. Choice of instruments The use of a Framework Regulation is considered to be appropriate in that it provides the required assurance for compliance while not requiring transposition into Member States’ legislation. The proposal uses the ‘split-level approach’ originally introduced at the request of the European Parliament and used in other legislation for EU type-approval of motor vehicles. This approach provides for legislation in three steps: the fundamental provisions and scope are laid down by the European Parliament and the Council in a regulation based on Article 114 TFEU in accordance with the ordinary legislative procedure. the technical specifications associated with the fundamental provisions are laid down in three delegated acts (Article 290), adopted through comitology: i a Regulation on environmental and propulsion performance requirements: electromagnetic compatibility; environmental test procedures related to exhaust emissions, evaporative emissions, greenhouse gas emissions and fuel consumption; maximum design engine speed, maximum torque and maximum net engine power; sound. i a Regulation on vehicle functional safety requirements and related subjects: audible warning devices; braking, including anti-lock and combined brake systems; electrical safety; front and rear protective structures; glazing, windscreen wipers and washers, and de-icing and demisting devices; identification of controls, tell-tales and indicators; installation of lighting and light signalling devices; rearward visibility; safety belt anchorages and safety belts; tyres; vehicle occupant protection, including interior fittings, head restraints and vehicle doors; vehicle speed limitation by design; vehicle structure integrity. i a Regulation on vehicle construction requirements: anti-tampering measures; coupling devices and attachments; devices to prevent unauthorised use; external projections; fuel storage; load platforms; masses and dimensions; on-board diagnostics; passenger handholds and footrests; repair and maintenance information; space for mounting the rear registration plate; stands; statutory markings. An implementing act (Article 291) sets out the administrative provisions, such as the information document, the definitions of the type-approval certificate, the certificate of conformity and associated production conformity requirements, etc. 4. Budgetary implications This proposal for a Framework Regulation has no implications for the European Union budget with regard to the first two emission-limit reduction steps (Euro 4 and 5 for motorcycles, Euro 3 and 4 for all other L-category vehicle categories). The third emission step will include a Euro 6 step motorcycles and a Euro 5 step for all other L-category vehicle categories (mopeds, tricycles and quadricycles). These limits are absolutely equivalent to the Euro 5 emission limits for passenger cars. An additional environmental effect study is planned in order to determine the short-term environmental effects of the Euro 3, 4 and 5 steps and whether the targeted Euro 6 step is appropriate within the given time. This study will be completed in the period 2016-2017 and will be financed through the Commission budget. 5. ADDITIONAL INFORMATION The proposed act concerns matters relating to the European Economic Area (EEA) and should therefore extend to the EEA.