Explanatory Memorandum to COM(2012)381 - Amendment of Council Directive 1999/37/EC on the registration documents for vehicles - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)381 - Amendment of Council Directive 1999/37/EC on the registration documents for vehicles. |
|---|---|
| source | COM(2012)381  |
| date | 13-07-2012 |
· Grounds for and objectives of the proposal
The objective of the Roadworthiness Package is to support and to enforce roadworthiness testing of motor vehicles and their trailers with a view to enhance road safety and environmental protection.
The proposal aims at contributing to reach the target of a reduction of road fatalities by the half until 2020 as laid down in the Policy Orientations on Road Safety 2011-2020[1]. It will also contribute to the reduction of emissions in road transport linked to poor maintenance of vehicles.
In this context the proposal aims at improving the enforcement of the roadworthiness testing and roadside inspection regime, notably in the case where the technical condition of a vehicle creates an imminent risk to road safety, through measures such as temporary withdrawal or permanent cancellation of the vehicle's registration.
· General context
Before a vehicle is allowed to be put on the market, it has to fulfil all the relevant type or individual approval requirements guaranteeing an optimal level of safety and environmental standards. Every Member State has the obligation to register for the first time any vehicle that received the European type-approval on the basis of the “Certificate of Conformity” issued by the vehicle manufacturer. This registration is the official authorisation for the use on public roads and enforces the different introduction dates of different vehicles' requirements.
Following this approval, cars on the road have to be regularly submitted to periodic roadworthiness tests. The aim of these tests is to ensure that cars on the road remain roadworthy, safe and do not pose any danger to the driver and other road users. Cars are therefore checked for compliance with certain requirements, such as those for safety and environmental protection, as well as for retrofitting requirements. Because of their regular and intensive use mainly for commercial purposes, vehicles used for the professional transport of goods with a laden mass above 3.5 tonnes and for the professional transport of passengers of more than 8 passengers are additionally subject to ad hoc technical roadside inspections by which their compliance with environmental and technical requirements is verified at anytime and anywhere in the EU.
During a vehicle's lifetime it may be subject to re-registration, due to a change of ownership, or a transfer to another Member State for permanent use. Provisions on a vehicle registration procedure should be similarly introduced to ensure that vehicles which constitute an immediate risk to road safety are not used on roads.
The goal of vehicle registration is to authorise the entry into service – the use – of a vehicle in road traffic. This authorisation is rendered visible by the attachment of the registration number plate to the vehicle and the issuing of a registration certificate.
· Existing provisions in the area of the proposal
The proposal will amend the existing requirements laid down in the existing legislative framework related to the registration documents for vehicles[2].
Compared to the existing act, the proposal provides for more precise definitions on the place of registration of vehicles, withdrawal and cancellation of registrations. The proposal also lays down new requirements on electronic vehicle registration registers and the follow up of notifications related to roadworthiness test results, re-registration and destruction of vehicles.
· Consistency with the other policies and objectives of the Union
The proposal is consistent with the EU objective to make roads safer as outlined in the White Paper on Transport[3] and aims at implementing the specific strategy related to safer vehicles within the Road Safety Orientations 2011-2020.
Finally, the proposal is consistent with the recommendations related to the re-launch of the Single Market policy as provided by the Monti Report of May 2010 i in the field of reduction of administrative obstacles for cross-border movement of second hand cars.
Contents
- RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATION
- Consultation methods
- Summary of responses and how they have been taken into account
- Scientific/expertise domains concerned
- Methodology used
- Means used to make the expert advice publicly available
· Consultation of interested parties
In developing the proposal of the roadworthiness package the Commission has consulted stakeholders in a number of ways:
– There was a general internet consultation, covering all aspects of the proposal
– Experts and stakeholders have been consulted within workshops
– A study on future options for roadworthiness enforcement in the European Union has been carried out to identify possible measures and to elaborate a cost benefit analysis tool related to the effects of roadworthiness testing
During the internet consultation, several issues were raised by stakeholders. The impact assessment that accompanies this proposal provides a full account of the substantive issues raised and discusses how they have been taken into consideration.
An open consultation was conducted over the internet from 29/7/2010 to 24/9/2010.The Commission received 9,653 responses from citizens, Member State authorities, equipment suppliers, test centres, garage associations and vehicle manufacturers.
The results are available on ec.europa.eu/transport/road_safety/take-part
· Collection and use of expertise
The proposal required the assessment of different policy options as well as the associated economic, societal and environmental impacts.
A study on the impacts of the different policy options has been performed by an external consultant (Europe Economics) using several scientific and evaluation reports, notably as sources of models and data for the monetization of the costs and benefits of the different policy options. Most extensively used studies include the following:
– The Report from the Commission to the Council and the European Parliament on the application by the Member States of Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspections of the roadworthiness of commercial vehicles circulating in the community - Reporting periods 2005–2006 and 2007–2008 (COM(2010) 754 final,
– AUTOFORE (2007)
– 'MOT Scheme Evidence-base' Department of Transport (UK, 2008),
– DEKRA Road Safety Report 2008 – Strategies for preventing accidents on Europe's roads,
– DEKRA Road Safety Report on Trucks 2009,
– DEKRA Motorcycle road safety report 2010,
– TÜV Reports 2009 / 2010.
All completed and approved research reports are or will be available on the DG Mobility and Transport website
· Impact assessment
For the main aspects of the proposal the following options were considered:
(a) The No policy change approach provides the reference case against which the effects of other policy options are compared. Within this option, the present EU legal framework for would be maintained. Also, there would be no short-term adaptation of the technical annex of Directive 2009/40/EC, since the annex has been recently amended through comitology (with Directive 2010/48/EU). The scope and frequency of roadworthiness tests will therefore not change, and no further measures related to the exchange of information will be adopted. The absence of a framework for exchanging data will persist.
(b) The 'Soft law approach' would consist in a better implementation and better monitoring of the application of existing legislation. This option would not introduce new legislation, but there would be new and increased efforts by the Commission to improve the standards of testing and enforcement, as well as actions to incentivise the exchange of data.
(c) The 'Legislative approach' would be based on two components.
– In order to meet the specific objective to enhance the safety of vehicles on the road, the first component is to revise upwards the minimum EU standards for periodic roadworthiness tests (PTI) and unexpected roadside inspections (RSI) and define mandatory standards. This is essential to avoid that gaps in the system reduce the effectiveness of roadworthiness enforcement as a whole.
– In order to meet the specific objective of making the necessary data for and from roadworthiness testing available, a second component of the overall regime would include, in a second phase, the possible establishment of an EU harmonised data exchange system linking the existing databases with a view to improve the efficiency of the implementation of the EU roadworthiness package.
· Summary of the proposed action
The proposal defines the withdrawal and cancellation of registrations.
This measure ensures that vehicles which constitute an immediate risk to road safety due to dangerous defects are not allowed on the road by withdrawing their registration until another roadworthiness test has been passed successfully. To reduce administrative burden, it should not be necessary to go through the process of registration when the withdrawal is lifted again.
Furthermore the proposal introduces a degree of automatism whereby the original registration of vehicles which have been re-registered in another Member State are automatically cancelled. This avoids the existence parallel registrations per vehicle in different Member States. The obligation to perform periodical roadworthiness tests is linked to the Member State of registration. Therefore the existence of parallel registrations per vehicle in different Member States would result in an obligation to undergo roadworthiness tests in these different Member States.
Registrations of vehicles that following a periodic roadworthiness test would need to be scrapped and those notified as end of life vehicle shall be cancelled following its notification.
The proposal also introduces the establishment of electronic registration registers containing all information related to the vehicle registration. This information will be made accessible for the purpose of roadworthiness testing as only a part of this information is printed on the registration certificates. The register provides for the follow-up to be taken after notification of roadworthiness test results, re-registration and destruction of a vehicle.
The Commission shall be empowered to update the annexes taking into account the evolution of the EU type-approval legislation in relation with the content of certificates of conformity as well as technical progress via delegated acts.
· Legal basis
The legal basis of the proposal is Article 91 of the Treaty on the Functioning of the European Union.
· Subsidiarity principle
The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Union.
The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reason: existing requirements are implemented in different way by Member States with a high discrepancy in enforcement of the roadworthiness testing and roadside inspection regime with negative impacts both on road safety but also on the internal market. A future seamless flow of information between Member States on vehicle registration requires the existence of registration registers with a harmonised content in all Member States.
The proposal therefore complies with the subsidiarity principle.
· Proportionality principle
The proposal complies with the proportionality principle for the following reasons.
As showed in the impact assessment, the proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the objectives related to the increase of road safety and environmental protection by enforcing a roadworthiness regime and creation of the appropriate framework for seamless flow of information.
· Choice of instrument
Proposed instruments: Amendment of existing Directive.
The use of an amendment to the existing Directive is considered to be appropriate.
The proposal has no implication on the Union budget.