Directive 1996/96 - Approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1996/96
Original proposal	COM(1995)415
CELEX number i	31996L0096

Avis juridique important

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Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers

Official Journal L 046 , 17/02/1997 P. 0001 - 0019

COUNCIL DIRECTIVE 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),

• (1) 

  Whereas Council Directive 77/143/EEC of 29 December 1976 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (4) has been substantially amended on a number of occasions; whereas, now that it is to be further amended, the Directive should, for reasons of clarity, be consolidated into a single text;

• (2) 

  Whereas, within the framework of the common transport policy, certain road traffic within the Community should operate under the most favourable circumstances as regards both safety and competitive conditions applying to carriers in the Member States;

• (3) 

  Whereas the growth of road traffic and the resultant increase in danger and nuisances present all Member States with safety problems of a similar nature and seriousness;

• (4) 

  Whereas the present standards and methods of testing vary from one Member State to another and this situation affects the equivalence of safety and environmental performance levels of tested vehicles operating in the Member States; whereas, moreover, this state of affairs is likely to disturb the conditions governing competition between transport undertakings of the various Member States;

• (5) 

  Whereas it is therefore necessary to harmonize as far as is practicable the frequency of tests and the compulsory items to be tested;

• (6) 

  Whereas testing during the life cycle of a vehicle should be relatively simple, quick and inexpensive;

• (7) 

  Whereas the minimum Community standards and methods to be used for testing the items listed in Annex II should therefore be defined in separate Directives;

• (8) 

  Whereas, as a transitional measure, national standards remain applicable in respect of items not covered by separate Directives;

• (9) 

  Whereas it is necessary to adapt rapidly to technical progress the standards and methods laid down in the separate Directives and, in order to facilitate implementation of the measures required for this purpose, to establish a procedure for close cooperation between the Member States and the Commission within a committee on the adaptation to technical progress of roadworthiness tests;

• (10) 

  Whereas with regard to braking systems it would be premature to set values for air pressure settings and build-up times, etc., given the variance in the equipment and methods within the Community;

• (11) 

  Whereas it is the intention to amend this Directive further so as to include a harmonious and improved test methodology;

• (12) 

  Whereas, until such time as there are harmonized test procedures and practices, Member States may use their judgment as to the test procedure they use to establish whether the vehicles in question meet the braking requirements;

• (13) 

  Whereas each Member State must ensure, within its own area of jurisdiction, that roadworthiness tests are conducted methodically and to a high standard;

• (14) 

  Whereas the Commission should verify the practical application of this Directive and report to the European Parliament and the...

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