Opinion of the Commission pursuant to Article 251(2) (c) of the EC Treaty on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on the roadside inspection of the roadworthiness condition of commercial vehicles that circulate on the roads of the European Community
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 19. 04. 2000 COM(2000) 243 final 1998/0097 (COD) OPINION OF THE COMMISSION pursuant to Article 251 (2) (c) of the EC Treaty on the European Parliament’s amendments to the Council’s common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the roadside inspection of the roadworthiness condition of commercial vehicles that circulate on the roads of the European Community AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty OPINION OF THE COMMISSION pursuant to Article 251 (2) (c) of the EC Treaty on the European Parliament’s amendments to the Council’s common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the roadside inspection of the roadworthiness condition of commercial vehicles that circulate on the roads of the European Community 1. 1. 2. 3. 4. 5. 6. 7. 2. 1 2 3 4 5 BACKGROUND On 11 March 1998 the Commission submitted a proposal for a Directive on the roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (COM(1998)117-C4-0346/98-1998/0097(COD))1. On 29 July 1998 the Economic and Social Committee gave a favourable opinion2. On 9 February 19993 the European Parliament gave an opinion on the proposal at first reading. The Committee of the Regions gave its opinion on the proposal on 22 September 1999. The amended Commission proposal was forwarded to the Council on 15 October 1999. The Council adopted a Common Position on 2 December 19994. On 14 March 20005 the European Parliament gave its 2nd reading. AIM OF THE COMMISSION’S PROPOSAL This proposal supplements Directive 96/96/EC that provides for an annual roadworthiness inspection which commercial vehicles must undergo at a testing centre. The purpose of this proposal is to introduce unannounced roadworthiness OJ C 190, 18. 6. 1998, p. 10. OJ C 407, 28. 12. 1998, p. 112. OJ C 150, 28. 5. 1999, p. 27. OJ C 29, 01. 2. 2000, p. 1. … 2 checks, partly on the grounds of the mileage travelled by such vehicles every year, and partly because a number of defects can be detected in this way that can be concealed at annual roadworthiness inspections. This proposal will improve the maintenance condition of the heavy commercial vehicles on the Community’s roads and thus be a benefit to road safety and environmental protection. 3. 3. 1 COMMENTS ON PARLIAMENT’S AMENDMENT AT SECOND READING General remarks The Commission takes the view that amendments made by Parliament Council’s common position are in line with the aims of its proposal. to the 3. 2 The amendments proposed by Parliament Amendment 1 Recital 2 It is in the interests of road safety, environmental protection and equitable competition that commercial vehicles should be used only if they are maintained to a high degree of technical roadworthiness. It is in the interests of road safety, environmental protection and equitable competition that commercial vehicles should be used only if they are maintained to full technical roadworthiness Amendment 2 New Article 9A Member States shall determine the penalties applicable to infringements of the national provisions implementing this Directive, after they have consulted one another on the harmonisation of such penalties, and shall take all necessary measures to ensure that they are enforced. These penalties shall be effective, proportionate and dissuasive. 3. 3 Commission’s comments on the amendments The Commission can accept these amendments, given that amendment 1 is a textual improvement to the recital and amendment 2 reintroduces the spirit of an article deleted by the Council from the original proposal. 3 4. GENERAL CONCLUSIONS The Commission considers that together with Parliament’s amendment at second reading, are in the line with the aims of its proposal. the Council’s common position, Consequently, the Commission accepts the modification made to the Council’s common position by the Parliament’s amendment. 4