Activities of Kerstin WESTPHAL related to 2012/0184(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC
Amendments (31)
Amendment 16 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (Text with EEA relevance)
Amendment 19 #
Proposal for a regulation
Recital 5
Recital 5
(5) TIt is suspected that there is a clear correlation between the level of road safety and the number of technical deficiencies ofin vehicles. In 2009, 35,000 fatalities have been reported on European roads. Assuming that technical deficiencies contribute to fatalities proportionately to their contribution to accidents, more than 2,000 fatalities per year in the Union may be linked to technical deficiencies of vehicles. Based on available studies, between 900 and 1,100 of these could be avoided if adequate improvements to the roadworthiness testing system were put in placedequate improvements to the roadworthiness testing system can help to reduce to a minimum the number of fatal accidents.
Amendment 22 #
Proposal for a regulation
Recital 7
Recital 7
(7) Solid investigation results show that 8% of the accidents involving motorcycles are caused or linked to technical defects. Motorcycle riders are the group of road users with the highest safety risk, with rising trend in the number of fatalities. Moped drivers are overrepresented in the number of fatalities, with more than 1,400 drivers killed on the roads in 2008. The scope of vehicles to be tested shall therefore be extended to the highest risk group of road users, the powered two- or three-wheel vehicles.
Amendment 32 #
Proposal for a regulation
Recital 26
Recital 26
(26) In order to supplement this RegulationDirective with further technical details, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission with a view to take into account, when appropriate, evolution of the Union type- approval legislation in relation with vehicle categories, as well as the need to update the Annexes in the light of technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 33 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure uniform conditions for the implementation of this RegulationDirective, implementing powers should be conferred on the Commission. The implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.
Amendment 34 #
Proposal for a regulation
Recital 29
Recital 29
(29) Since the objective of this RegulationDirective, namely to lay down minimum common requirements and harmonised rules concerning the conduct of roadworthiness tests of vehicles within the Union, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union 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 RegulationDirective does not go beyond what is necessary in order to achieve that objective.
Amendment 36 #
Proposal for a regulation
Recital 30
Recital 30
(30) This RegulationDirective respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union as referred to in Article 6 of the Treaty on European Union.
Amendment 37 #
Proposal for a regulation
Recital 31
Recital 31
(31) This RegulationDirective updates the technical requirements of 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 and enlarges its scope in order to include in particular the setting up of testing centres and of their supervisory bodies as well as designating inspectors entrusted with performance of roadworthiness tests Therefore this Directive should be repealed . In addition, this Regulation integrates the rules contained in the Commission Recommendation 2010/378/EU of 5 July 2010 on the assessment of defects during roadworthiness testing in accordance with Directive 2009/40/EC12 with the view to better regulate the roadworthiness testing methods.
Amendment 38 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This RegulationDirective establishes a regime of periodic roadworthiness tests of vehicles.
Amendment 40 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This RegulationDirective shall apply to vehicles with a design speed exceeding 25 km/h of the following categories, as referred to in Directive 2002/24/EC, Directive 2007/46/EC and Directive 2003/37/EC:
Amendment 45 #
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This RegulationDirective shall not apply to:
Amendment 52 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
(15) ‘testing centre’ means public or private bodies or establishments, including those carrying out vehicle repairs, authorised by a Member State to carry out roadworthiness tests ;
Amendment 53 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Motor vehicles and their trailers shall periodically be tested in accordance with this RegulationDirective in the Member State where they are registered.
Amendment 58 #
Proposal for a regulation
Article 5 – paragraph 1 – indent 1
Article 5 – paragraph 1 – indent 1
– Vehicles of categories L1e, L2e, L3e, L4e, L5e, L6e and L7e: four years after the date on which the vehicle was first registered, then two years and thereafter annuallyevery two years;
Amendment 59 #
Proposal for a regulation
Article 5 – paragraph 1 – indent 2
Article 5 – paragraph 1 – indent 2
– Vehicles of category M1, N1 and O2: four years after the date on which the vehicle was first registered, then two years and thereafter annuallyevery two years;
Amendment 61 #
Proposal for a regulation
Article 5 – paragraph 1 – indent 3
Article 5 – paragraph 1 – indent 3
– Vehicles of category M1 registered as taxis or ambulances, vehicles of categories M2, M3, N2, N3, T5, O3 and O4: onetwo years after the date on which the vehicle was first registered, and thereafter annuallyevery two years.
Amendment 62 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 63 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 68 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. As from the date of entry into force of this RegulationDirective and at the latest 3 years afterwards, the testing centres shall communicate electronically, to the competent authority of a Member State the information mentioned in roadworthiness certificates which they deliver. This communication shall take place within a reasonable time after the issuance of the roadworthiness certificates. Until this date, the testing centres may communicate this information to the competent authority by any other means. The competent authority shall keep this information for 36 months from the date of its reception.
Amendment 71 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Inspectors employed by competent authorities of the Member States or a testing centre at the date of application of this RegulationDirective shall be exempted from the requirements laid down in Annex VI, point 1. The Member States shall deliver a certificate of equivalence to these inspectors.
Amendment 74 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall designate a national contact point responsible for the exchange of information with the other Member States and the Commission with regard to the application of this RegulationDirective.
Amendment 77 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission shall examine the feasibility, costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of Member States responsible for testing, registration and vehicle approval, the testing centres, manufacturers of testing and measuring equipment for roadworthiness testing as referred to in this Regulation, independent manufacturers of vehicle components and systems and the vehicle manufacturers.
Amendment 82 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 84 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The delegation of power referred to in Article 17 shall be conferred for an indeterminate period of time from [the date of entry into force of this RegulationDirective].
Amendment 86 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this RegulationDirective and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory.
Amendment 88 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Member States shall notify those provisions to the Commission by [one year after the date of application of this RegulationDirective] at the latest and shall notify without delay any subsequent amendment affecting them.
Amendment 90 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Testing facilities and equipment referred to in Article 11 which do not comply with the minimum requirements laid down in Annex V on [the date of application of this RegulationDirective] may be used for carrying out roadworthiness tests for a period of not more than five years following that date.
Amendment 92 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States shall apply the requirements laid down in Annex VII at the latest as from the fifth year following the date of application of this RegulationDirective.
Amendment 94 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Directive 2009/40/EC and Commission Recommendation 2010/378/EU are repealed with effect from [the date of application of this RegulationDirective].
Amendment 96 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The Regulationis Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Amendment 99 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
This RegulationDirective shall be binding in its entirety and directly applicable in all Member States .