PURPOSE: to codify the EU Directive on stands for two-wheel motor vehicles.

LEGISLATIVE ACT: Directive 2009/78/EC of the European Parliament and of the Council on stands for two-wheel motor vehicles (codified version).

CONTENT: Council Directive 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehicles has been substantially amended. Thus, in the interests of clarity and rationality the said Directive should be codified.

Directive 93/31/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 92/61/EEC relating to the type-approval of two or three-wheel motor vehicles, as replaced by Directive 2002/24/EC relating to the type-approval of two or three-wheel motor vehicles, and lays down technical prescriptions concerning the design and construction of two-wheel motor vehicles as regards their stands. These technical prescriptions concern 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. Consequently the provisions laid down in Directive 2002/24/EC relating to vehicle systems, components and separate technical units apply to this Directive.

Since the objective of this Directive, namely the granting of EC component type-approval in respect of the stand for 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 the Treaty. In accordance with the principle of proportionality, this Directive does not go beyond what is necessary in order to achieve that objective.

Under this Directive, Member States may not, on grounds relating to stands, refuse to grant EC type-approval for a type of two-wheel motor vehicle or prohibit the registration, sale or entry into service of two-wheel motor vehicles, if the stands of those vehicles comply with the requirements of this Directive. However, Member States shall refuse to grant EC type-approval for any new type of two-wheel motor vehicle on grounds relating to stands if the requirements of this Directive are not fulfilled.

Lastly, this Directive shall apply to stands for all types of two-wheel motor vehicles as referred to in Directive 2002/24/EC. It shall be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.

ENTRY INTO FORCE: 23/09/2009.

APPLICATION: 01/01/2010.

The European Parliament adopted the report by Hans-Peter MAYER (EPP-ED, DE) approving without amendment the proposal for a directive of the European Parliament and of the Council on stands for two-wheel motor vehicles (codified version).

The Committee on Legal Affairs adopted the report by Hans-Peter MAYER (EPPE-ED, DE) approving without amendment – in the 1st reading of the co-decision procedure – the proposal for a directive of the European Parliament and of the Council on stands for two-wheel motor vehicles (codified version).

To recall, on 28 March 2003, the Commission presented a proposal for a European Parliament and Council Directive codifying Council Directive 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehicles. 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 has stated that the above proposal does indeed confine itself to straightforward codification, without any substantive changes to the acts covered by it.

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(2) 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. This amended proposal also includes corrigenda to Directive 93/31/EEC.

To recall, on 28 March 2003, the Commission presented a proposal for a European Parliament and Council Directive codifying Council Directive 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehicles. 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 has stated that the above proposal does indeed confine itself to straightforward codification, without any substantive changes to the acts covered by it.

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(2) 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. This amended proposal also includes corrigenda to Directive 93/31/EEC.