L 141/12 Official Journal of the European Union 6.6.2009 DIRECTIVE 2009/40/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (Recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having consulted the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (), Whereas: (1) 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 () has been substantially amended several times (*). Since further amendments are to be made, it should be recast in the interests of clarity. (20 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)  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)  Testing during the lifecycle of a vehicle should be rela- tively simple, quick and inexpensive. (5)  The minimum Community standards and methods to be used for testing the items listed in this Directive should therefore be defined in separate Directives. () OJ C 224, 30.8.2008, p. 66. (%) Opinion of the European Parliament of 23 September 2008 (not yet published in the Official Journal) and Council Decision of 30 March 2009. () O L 46, 17.2.1997, p. 1. (*) See Annex III, Part A. (6) 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 the Directive on road- worthiness tests for motor vehicles and their trailers. (7)  With regard to braking systems it is difficult to set values for such matters as air pressure settings and build-up times, given the variance in the equipment and methods within the Community. (8) It is recognised by all concerned with vehicle testing that the method of testing and, in particular, whether the vehicle is tested in a laden, part-laden or unladen condition, can influence the degree of confidence testers have as to the roadworthiness of the braking system. (9)  The prescription of brake force reference values for various laden conditions for each vehicle model should help restore that confidence. This Directive should enable testing under this regime as an alternative to testing against minimum performance values for each vehicle category. (100  With regard to braking systems the scope of this Directive should relate in the main to vehicles which have been granted component type-approval in accordance with Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers (°) although it is recognised that certain types of vehicle have been granted such approval in accordance with national standards which may differ from the requirements of that Directive. (11)  Member States may extend the scope of the braking test to include vehicles or test items outside the scope of this Directive. (12)  Member States may make the braking test more stringent or increase the frequency of testing. () O] L 202, 6.9.1971, p. 37.