PURPOSE: to recast Council Directive 96/96/EC on roadworthiness tests for motor vehicles and their trailers.

LEGISLATIVE ACT: Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers (recast).

CONTENT: following a first reading agreement with the Parliament, the Council adopted this directive which recasts legislation on roadworthiness tests for motor vehicles and their trailers. The codification of Council Directive 96/96/EC on roadworthiness tests for motor vehicles and their trailers was initiated by the Commission, when Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (comitology) was amended by Decision 2006/512/EC, which introduced a regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the co-decision procedure.

Accordingly, the codification of Directive 96/96/EC was transformed into a recast in order to incorporate the amendments necessary for the adjustment to the regulatory procedure with scrutiny.

ENTRY INTO FORCE: 26/06/2009.

The European Parliament adopted, by 639 votes to 10 with 21 abstentions, a legislative resolution amending the proposal for a directive of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers (recast). The report had been tabled by József SZAJER (EPP-ED, HU) on behalf of the Committee on Legal Affairs. The amendments were the result of a compromise agreement between Parliament and Council.

Parliament stated that the Commission will adopt the separate Directives necessary to define the minimum standards and methods for testing the items listed in Annex II, as well as any amendments necessary to adapt those methods and standards to technical progress, in accordance with the regulatory procedure with scrutiny. Previously, the power to adopt the separate Directives to define the minimum standards and methods for testing the relevant items was given to the Council only.

The Committee on Legal Affairs adopted a report drafted by József SZAJER (EPP-ED, HU) and amended the proposal for a directive of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers (recast).

The committee noted that the power to adopt the separate Directives to define the minimum standards and methods for testing the items listed in Annex 2 is given to the Council only. It amended the proposal so as to give this power to the Commission, in accordance with the regulatory procedure with scrutiny.

PURPOSE: recast of Council Directive 96/96/EC on roadworthiness tests for motor vehicles and their trailers.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: the codification of Council Directive 96/96/EC of 20 December 1996 on roadworthiness tests for motor vehicles and their trailers has been initiated by the Commission. The new Directive was to have superseded the various acts incorporated in it.

In the meantime, Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (comitology) has been amended by Decision 2006/512/EC, which introduced a regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the co-decision procedure.

In accordance with the joint statement of the European Parliament, the Council and the Commission on Decision 2006/512/EC, for this new procedure to be applicable to instruments adopted in accordance with the co-decision procedure which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

It is therefore appropriate to transform the codification of Directive 96/96/EC into a recast in order to incorporate the amendments necessary for the adjustment to the regulatory procedure with scrutiny.

PURPOSE: recast of Council Directive 96/96/EC on roadworthiness tests for motor vehicles and their trailers.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: the codification of Council Directive 96/96/EC of 20 December 1996 on roadworthiness tests for motor vehicles and their trailers has been initiated by the Commission. The new Directive was to have superseded the various acts incorporated in it.

In the meantime, Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (comitology) has been amended by Decision 2006/512/EC, which introduced a regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the co-decision procedure.

In accordance with the joint statement of the European Parliament, the Council and the Commission on Decision 2006/512/EC, for this new procedure to be applicable to instruments adopted in accordance with the co-decision procedure which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

It is therefore appropriate to transform the codification of Directive 96/96/EC into a recast in order to incorporate the amendments necessary for the adjustment to the regulatory procedure with scrutiny.