Explanatory Memorandum to COM(2006)265 - Passenger hand-holds on two-wheel motor vehicles (codified version) (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2006)265 - Passenger hand-holds on two-wheel motor vehicles (codified version) (presented by the Commission pursuant to Article 250 (2) ...
source COM(2006)265 EN
date 02-06-2006
1. On 27 March 2003 the Commission presented a proposal for a European Parliament and Council Directive codifying Council Directive 93/32/EEC of 14 June 1993 on passenger hand-holds on two-wheel motor vehicles  i.

In its opinion of 26 June 2003 the Consultative Working Party of the legal services set up under the Interinstitutional Agreement of 20 December 1994 on an accelerated working method for official codification of legislative texts i has stated that the above proposal does indeed confine itself to straightforward codification, without any substantive changes to the acts covered by it.

2. In view of the work already carried out in the Council on the proposal referred to at point 1, the Commission has decided to present – in accordance with Article 250 i of the EC Treaty – an amended proposal for codification of the Directive in question.

This amended proposal also takes account of the purely formal or editorial changes proposed by the Consultative Working Party of Legal Services, where these are considered justified i. This amended proposal also includes corrigenda to Directive 93/32/EEC i.

3. The changes made in this amended proposal, compared with the initial proposal, are the following:

Recital 1 is replaced by the following:

“Council Directive 93/32/EEC of 14 June 1993 on passenger hand-holds on two-wheel motor vehicles* laid down technical prescriptions concerning the design and construction of two-wheel motor vehicles as regards their passenger hand-holds. These technical prescriptions concerned the approximation of the laws of the Member States to allow for the EC type-approval procedure provided for in Directive 2002/24/EC to be applied in respect of each type of vehicle. Directive 93/32/EEC has been substantially amended**. In the interests of clarity and rationality the said Directive should be codified.”

Recitals 2, 3 and 4 are deleted.

Recital 5 is replaced by the following:

“This Directive is one of the separate Directives of the EC type-approval system provided for in Directive 2002/24/EC. Consequently the provisions laid down in Directive 2002/24/EC relating to vehicle systems, components and separate technical units apply to this Directive.”

Recital 6 is replaced by the following:

“Since the objective of the action to be taken, namely the granting of EC component type-approval in respect of passenger hand-holds on a type of two-wheel motor vehicle, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.”

Article 6, second paragraph, is added, which reads as follows:

“It shall apply from […].”

Annex I, point 1.2, fourth subparagraph: The corrigendum applies only to the Finnish version.

Annex II, Part B: Concerning Directive 93/32/EEC the second column is corrected to read “14 December 1994”[5].

4. To facilitate reading and examination, the full text of the amended proposal for codification is attached hereto.

ê 93/32/EEC