Corrigendum to Directive 2014/47/EU of the European Parliament and of the Council of 3 April 2014 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (Official Journal of the European Union L 127 of 29 April 2014)

Article 24(1): for: ‘... 20 May 2016 ...', read: ‘... 20 May 2020 ...'.

The European Parliament adopted by 646 votes to 25 and 14 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC.

Parliament adopted its position at first reading under the ordinary legislative procedure. The amendments adopted in plenary were the result of an agreement reached between the European Parliament and the Council.

Subject matter : t he amended Directive establishes minimum requirements for a regime of technical roadside inspections of the roadworthiness of commercial vehicles circulating within the territory of the Member States in order to improve road safety and the environment .

The Directive shall apply to commercial vehicles with a design speed exceeding 25 km/h of the following categories, as defined in Directive 2003/37/EC of the European Parliament and the Council and by Directive 2007/46/EC. It shall also apply to wheeled tractors of category T5 , the use of which mainly takes place on public roads for commercial road haulage purposes, with a maximum design speed exceeding 40 km/h.

This Directive does not affect the right of Member States to carry out technical roadside inspections on vehicles not covered by this Directive , such as light commercial vehicles of category N 1 having a maximum mass not exceeding 3.5 tonnes, and to check other aspects of road transport and safety, or to carry out inspections in places other than public roads.

Roadside inspection system : the technical roadside inspection system shall include initial technical roadside inspections and more detailed technical roadside inspections . The total number of initial technical roadside inspections in the Union shall, in every calendar year , correspond to at least 5% of the total number of these vehicles that are registered in the Member States.

Each Member State shall make efforts to carry out an appropriate number of initial technical roadside inspections , proportionate to the total number of such vehicles that are registered in its territory.

Risk rating system : to facilitate roadside checks, the Member States shall be required to target companies whose commercial vehicles have poor results in terms of safety and to reduce the administrative burden of those which show good results.

Responsibilities : the roadworthiness certificate corresponding to the most recent periodic roadworthiness test, or a copy thereof or, in the case of an electronically produced roadworthiness certificate, a certified or original printout of that certificate, and the report of the most recent technical roadside inspection , should be kept on board the vehicle when they are available.

The company operating a vehicle and the driver of a vehicle subject to a technical roadside inspection must cooperate with the inspectors and provide access to the vehicle , its parts and all relevant documentation for the purposes of the inspection.

The holder of the registration certificate and, where applicable, the operator of the vehicle should be responsible for keeping the vehicle in a roadworthy condition.

Inspectors : when carrying out a technical roadside inspection, the inspector shall be free from any conflict of interest that could have any influence on the impartiality and objectivity of his decision. The reward of inspectors shall not be directly related to the results of initial or more detailed technical roadside inspections.

Inspection of cargo securing : securing of cargo is crucial for road safety. This is why during a roadside inspection a vehicle may be subject to an inspection of its cargo securing in order to ensure that the cargo is secured in such a way that it does not interfere with safe driving, or pose a threat to life, health, property or the environment. Cargo should therefore be secured in such a way as to cope with accelerations occurring during the use of the vehicle on road.

Personnel involved in checking whether cargo is adequately secured should be appropriately trained .

Follow-up in the case of major or dangerous deficiencies : the amended text states that any major or dangerous deficiency revealed by an initial or more detailed inspection is to be rectified before the vehicle is further used on public roads . Where major or dangerous deficiencies are found in a vehicle registered outside the Union, Member States may decide to inform the competent authority of the country.

In the case of any deficiencies which require prompt or immediate rectification due to any direct and immediate risk to road safety, the use of the vehicle in question may be restricted or prohibited until those deficiencies have been rectified .

In the case of deficiencies that do not require immediate rectification, the competent authority concerned may decide on the conditions and a reasonable timespan under which the vehicle may be used before the deficiencies are rectified.

Inspection fees : where deficiencies have been found following a more detailed inspection, Member States may require the payment of a reasonable and proportionate fee that should be linked to the cost of carrying out that inspection .

Cooperation and exchange of information : each Member State shall designate a contact point which shall ensure coordination with contact points designated by other Member States.

Furthermore on a yearly basis, Member States shall regularly undertake concerted roadside inspection activities.

Reporting : no later than eight years after the entry into force of the directive, the Commission shall submit to the European Parliament and to the Council a report on the application and effects of this Directive, in particular as regards the effectiveness and harmonisation of risk rating systems. That report shall be accompanied by a detailed impact assessment made available to the European Parliament and to the Council at least six months prior to the submission of any legislative proposal, if appropriate, to include new categories of vehicles within the scope of this Directive.

Transposition : the Member States shall have three years to transpose the directive and four years to implement its provisions.

The European Parliament adopted amendments to the proposal for a regulation of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC.

The matter was referred back to the committee responsible . The vote was therefore postponed.

Subject matter and scope : Members stipulate that technical roadside inspections shall be carried out without discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the commercial vehicle concerned.

Members suggests including some models of tractors into the scope of this Regulation as they are being frequently used on public roads for commercial purposes . This is the case for wheeled tractors of category T5 used mainly on public roads for commercial road haulage purposes, with a maximum design speed exceeding 40 km/h. Moreover, Members consider it appropriate to test any trailer , regardless of size or type, when used with M2 and M3, N1, N2 and N3 vehicles.

Technical roadside inspections : the resolution states that periodic testing should be the main tool to ensure roadworthiness. Technical roadside inspections of commercial vehicles should only be complementary to periodic tests and should be targeted at vehicles on the road which constitute an immediate risk to road safety.

Date and frequency of testing : Parliament suggests that by increasing the frequency of this vehicle safety inspection, additional tests, depending on vehicle category, do not begin until the second or third year after first registration and unnecessary testing can be avoided.

The total number of initial roadside inspections shall correspond to at least 5% of the total number of the following commercial vehicles referred to in the Regulation that are registered in its territory. At least 5% of commercial vehicles that are not registered in its territory but operating there shall be proportionally checked.

Roadside inspections risk rating system : a roadside inspections risk rating system based on the number and severity of deficiencies found on commercial vehicles during periodic roadworthiness tests and technical roadside inspections shall be introduced at Union level . The risk rating system shall be based on a national electronic register interconnected throughout the Union and operated by the competent authority in each Member State.

Three years after the entry into force of the 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, roadworthiness certificates and roadside inspection reports shall comply with a standard European Union form. Roadworthiness certificates and roadside inspection reports shall be in a standard European Union form .

In order to allow undertakings to improve their risk profile, Members suggest that information on compliance with roadworthiness requirements from voluntary regular vehicle safety inspections by undertakings carried out in line with the following frequencies shall be taken into account when establishing the risk rating of an undertaking. Vehicles of categories N2, N3 and O4 shall be concerned.

The risk rating system shall contain the information on roadworthiness of vehicles referred to in the Regulation four years after the entry into force of this Regulation

Responsibilities : amendments state that undertakings that operate vehicles which fall within the scope of this Regulation shall ensure that the vehicles which they operate are in good roadworthy condition at all times and that the original or a certified copy of the roadworthiness certificate and a proof of test issued in respect of the most recent roadworthiness test is kept on board .

Nature of road inspections : on each initial inspection of a vehicle, the inspector shall carry out a visual assessment of the technical condition of the vehicle . A more detailed roadside inspection shall include at least the following areas : chassis/frame, wheels and tyres, coupling equipment, noise and exhaust fumes.

Where the roadworthiness certificate corresponding to the most recent roadworthiness test, voluntary regular vehicle safety inspection or a roadside inspection report demonstrates that an inspection of one of the items listed in Annex II has been carried out in the course of the preceding three months , the inspector shall not check that item, except where such inspection is justified on the grounds of an obvious deficiency.

Where the inspections are to be carried out in a testing centre, they must be carried as soon as possible out in the nearest centre .

Inspection of cargo securing : amendments state that inspectors may subject a vehicle to an inspection of the cargo securing in accordance with existing standards. The outcome of such an inspection shall not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level. The Commission shall submit to the European Parliament and to the Council a report on the level of harmonisation in the area of cargo securing in road transport and the checking thereof at the roadside. The report shall be accompanied, if appropriate, by a legislative proposal.

Roadside inspection : the results of the roadside inspection shall be communicated electronically to the registration authority of the vehicle, to the owner of the vehicle and, in the case of vehicles registered in another Member State, through the use of the European Register of Road Transport Undertakings ( ERRU ), as provided for in Regulation (EC) No 1071/2009.

Cooperation between Member States : in the event that major or dangerous deficiencies are found, the name of the operator shall be provided to the contact point. The Member State of registration shall provide information to the authority performing a technical roadside inspection concerning the risk profile of the undertaking whose vehicle is being inspected. That information shall be provided by electronic means within a reasonable time.

Penalties : Members state that driving an unroadworthy vehicle on public highways should be a punishable act, although the failure to correct problems uncovered at a roadworthiness test should not be.

Delegated acts : Parliament proposes to limit the delegation of powers conferred on the Commission to five years (renewable) as opposed to an indeterminate period as proposed by the Commission.

The Committee on Transport and Tourism adopted the report by Olga SEHNALOVÁ (S&D, CZ) on the proposal for a regulation of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC.

The committee recommends that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows:

Subject matter and scope : Members stipulate that technical roadside inspections shall be carried out without discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the commercial vehicle concerned.

Some models of tractors also have to be included into the scope of this Regulation as they are being frequently used on public roads for commercial purposes . This is the case for wheeled tractors of category T5 used mainly on public roads for commercial road haulage purposes, with a maximum design speed exceeding 40 km/h. Moreover, Members consider it appropriate to test any trailer , regardless of size or type, when used with N2 and N3 vehicles.

Roadside inspections : the report states that periodic testing should be the main tool to ensure roadworthiness. Technical roadside inspections of commercial vehicles should only be complementary to periodic tests and should be targeted at vehicles on the road which constitute an immediate risk to road safety.

Date and frequency of testing : Members suggest that by increasing the frequency of this vehicle safety inspection, additional tests, depending on vehicle category, do not begin until the second or third year after first registration and unnecessary testing can be avoided.

The total number of initial roadside inspections shall correspond to at least 5% of the total number of the following commercial vehicles referred to in the Regulation that are registered in its territory. At least 5% of commercial vehicles that are not registered in its territory but operating there shall be proportionally checked.

Roadside inspections risk rating system : a roadside inspections risk rating system based on the number and severity of deficiencies found on commercial vehicles during periodic roadworthiness tests and technical roadside inspections shall be introduced at Union level . The risk rating system shall be based on a national electronic register interconnected throughout the Union and operated by the competent authority in each Member State. Roadworthiness certificates and roadside inspection reports shall be in a standard European Union form .

Responsibilities : undertakings that operate vehicles which fall within the scope of this Regulation shall ensure that the vehicles which they operate are in good roadworthy condition at all times and that the original or a certified copy of the roadworthiness certificate and a proof of test issued in respect of the most recent roadworthiness test is kept on board .

Nature of road inspections : on each initial inspection of a vehicle, the inspector shall carry out a visual assessment of the technical condition of the vehicle . A more detailed roadside inspection shall include at least the following areas : chassis/frame, wheels and tyres, coupling equipment, noise and exhaust fumes.

Where the inspections are to be carried out in a testing centre, they must be carried as soon as possible out in the nearest centre.

Inspection of cargo securing : amendments state that inspectors may subject a vehicle to an inspection of the cargo securing in accordance with existing standards. The outcome of such an inspection shall not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level. The Commission shall submit to the European Parliament and to the Council a report on the level of harmonisation in the area of cargo securing in road transport and the checking thereof at the roadside. The report shall be accompanied, if appropriate, by a legislative proposal.

Roadside inspection : the results of the roadside inspection shall be communicated electronically to the registration authority of the vehicle, to the owner of the vehicle and, in the case of vehicles registered in another Member State, through the use of the European Register of Road Transport Undertakings ( ERRU ), as provided for in Regulation (EC) No 1071/2009.

Cooperation between Member States : in the event that major or dangerous deficiencies are found, the name of the operator shall be provided to the contact point. The Member State of registration shall provide information to the authority performing a technical roadside inspection concerning the risk profile of the undertaking whose vehicle is being inspected. That information shall be provided by electronic means within a reasonable time.

Penalties : Members state that driving an unroadworthy vehicle on public highways should be a punishable act, although the failure to correct problems uncovered at a roadworthiness test should not be.

The Committee on Transport and Tourism adopted the report by Olga SEHNALOVÁ (S&D, CZ) on the proposal for a regulation of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC.

The committee recommends that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure, should amend the Commission proposal as follows:

Subject matter and scope : Members stipulate that technical roadside inspections shall be carried out without discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the commercial vehicle concerned.

Some models of tractors also have to be included into the scope of this Regulation as they are being frequently used on public roads for commercial purposes . This is the case for wheeled tractors of category T5 used mainly on public roads for commercial road haulage purposes, with a maximum design speed exceeding 40 km/h. Moreover, Members consider it appropriate to test any trailer , regardless of size or type, when used with N2 and N3 vehicles.

Roadside inspections : the report states that periodic testing should be the main tool to ensure roadworthiness. Technical roadside inspections of commercial vehicles should only be complementary to periodic tests and should be targeted at vehicles on the road which constitute an immediate risk to road safety.

Date and frequency of testing : Members suggest that by increasing the frequency of this vehicle safety inspection, additional tests, depending on vehicle category, do not begin until the second or third year after first registration and unnecessary testing can be avoided.

The total number of initial roadside inspections shall correspond to at least 5% of the total number of the following commercial vehicles referred to in the Regulation that are registered in its territory. At least 5% of commercial vehicles that are not registered in its territory but operating there shall be proportionally checked.

Roadside inspections risk rating system : a roadside inspections risk rating system based on the number and severity of deficiencies found on commercial vehicles during periodic roadworthiness tests and technical roadside inspections shall be introduced at Union level . The risk rating system shall be based on a national electronic register interconnected throughout the Union and operated by the competent authority in each Member State. Roadworthiness certificates and roadside inspection reports shall be in a standard European Union form .

Responsibilities : undertakings that operate vehicles which fall within the scope of this Regulation shall ensure that the vehicles which they operate are in good roadworthy condition at all times and that the original or a certified copy of the roadworthiness certificate and a proof of test issued in respect of the most recent roadworthiness test is kept on board .

Nature of road inspections : on each initial inspection of a vehicle, the inspector shall carry out a visual assessment of the technical condition of the vehicle . A more detailed roadside inspection shall include at least the following areas : chassis/frame, wheels and tyres, coupling equipment, noise and exhaust fumes.

Where the inspections are to be carried out in a testing centre, they must be carried as soon as possible out in the nearest centre.

Inspection of cargo securing : amendments state that inspectors may subject a vehicle to an inspection of the cargo securing in accordance with existing standards. The outcome of such an inspection shall not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level. The Commission shall submit to the European Parliament and to the Council a report on the level of harmonisation in the area of cargo securing in road transport and the checking thereof at the roadside. The report shall be accompanied, if appropriate, by a legislative proposal.

Roadside inspection : the results of the roadside inspection shall be communicated electronically to the registration authority of the vehicle, to the owner of the vehicle and, in the case of vehicles registered in another Member State, through the use of the European Register of Road Transport Undertakings ( ERRU ), as provided for in Regulation (EC) No 1071/2009.

Cooperation between Member States : in the event that major or dangerous deficiencies are found, the name of the operator shall be provided to the contact point. The Member State of registration shall provide information to the authority performing a technical roadside inspection concerning the risk profile of the undertaking whose vehicle is being inspected. That information shall be provided by electronic means within a reasonable time.

Penalties : Members state that driving an unroadworthy vehicle on public highways should be a punishable act, although the failure to correct problems uncovered at a roadworthiness test should not be.

PURPOSE: to support and to enforce roadworthiness testing of motor vehicles and their trailers with a view to enhance road safety and environmental protection ("Roadworthiness Package").

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

BACKGROUND: before a vehicle may be put on the market, it has to fulfil all the relevant type or individual approval requirements guaranteeing an optimal level of safety and environmental standards. Following this approval, cars on the road have to be regularly submitted to periodic roadworthiness tests.

The goal of roadworthiness testing is to check the functionality of safety components, the environmental performance and the compliance of a vehicle with its approval.

The proposal aims at contributing to reach the target of a reduction of road fatalities by half until 2020 as laid down in the Policy Orientations on Road Safety 2011-2020 . It will also contribute to the reduction of emissions in road transport linked to poor maintenance of vehicles, following the European Strategy on clean and energy efficient vehicles as well as the integrated energy and climate change policy.

The proposal is part of a package of measures which also includes: a proposal on the amendment of Directive 1999/37/EC on registration documents for vehicles and a proposal for a regulation on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC.

IMPACT ASSESSMENT : the following options were considered:

Option 1: the 'No policy change' approach where the present EU legal framework would be maintained; Option 2: the "Soft law approach" would consist in both better implementation and better monitoring of the application of existing legislation; Option 3: the "Legislative approach" would be based on two components: (a) revising upwards the minimum EU standards for periodic roadworthiness tests (PTI) and unexpected roadside inspections (RSI) and define mandatory standards; (b) in a second phase, the possible establishment of and EU harmonised data exchange system linking the existing databases.

The impact assessment has shown the benefits of a combination of a soft-law approach with a regulatory approach. Therefore, the soft-law measures have been integrated into the legislative texts.

LEGAL BASIS: Article 91 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the "Roadworthiness Package" will carry over the existing requirements laid down in the existing legislative framework related to the roadworthiness regime, which covers roadworthiness tests (Directive 2009/40/EC), roadside inspections (Directive 2000/30/EC) and rules on the registration of vehicles (Directive 1999/37/EC).

The main objective of the proposal is to provide for a risk-rating system aimed at focusing inspections on vehicles operated by undertaking with poor safety records, thus rewarding vehicles operated by undertakings that are mindful of safety and the environment.

The main points of the proposal are as follows:

Scope : light commercial vehicles and their trailers will be included into the scope of roadside test activities as this group of vehicles does not follow the downward trend in road fatalities.

Roadside inspections : to distribute better the roadside inspections by Member States a percentage of the number of registered commercial vehicles shall be inspected every year. The total percentage will not exceed the number of roadworthiness tests already performed in the Union.

The selection of vehicles shall be based on the risk profile of the operators and target high risk undertakings to reduce the burden on the operators that maintain their vehicles in a proper way. Company profiling shall be based on the results of previous roadworthiness tests and roadside inspections similar. More elaborated roadside inspections shall be performed using testing equipment either by mobile inspection units or at test centres in close vicinity. The securing of cargo should be included in the roadside checks. Deficiencies detected shall be assessed according to harmonised rules related to their risk.

Training and qualifications : the level of knowledge and skills of inspectors performing roadside inspectors shall meet at least the level of those conducting roadworthiness tests.

National contact points : cooperation and exchange of information between Member States and with the Commission will be performed more efficiently via designated points of contact in the Member States.

Commission’s powers : the Commission shall be empowered to update the annexes to technical progress via delegated acts and to maintain the certificates and reporting forms in close cooperation with Member States via implementing acts including inter alia alternative test procedures based upon modern emission after-treatment systems for checking the in use NOx and particulate emissions conformity which are still under development.

BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.

PURPOSE: to support and to enforce roadworthiness testing of motor vehicles and their trailers with a view to enhance road safety and environmental protection ("Roadworthiness Package").

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

BACKGROUND: before a vehicle may be put on the market, it has to fulfil all the relevant type or individual approval requirements guaranteeing an optimal level of safety and environmental standards. Following this approval, cars on the road have to be regularly submitted to periodic roadworthiness tests.

The goal of roadworthiness testing is to check the functionality of safety components, the environmental performance and the compliance of a vehicle with its approval.

The proposal aims at contributing to reach the target of a reduction of road fatalities by half until 2020 as laid down in the Policy Orientations on Road Safety 2011-2020 . It will also contribute to the reduction of emissions in road transport linked to poor maintenance of vehicles, following the European Strategy on clean and energy efficient vehicles as well as the integrated energy and climate change policy.

The proposal is part of a package of measures which also includes: a proposal on the amendment of Directive 1999/37/EC on registration documents for vehicles and a proposal for a regulation on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC.

IMPACT ASSESSMENT : the following options were considered:

Option 1: the 'No policy change' approach where the present EU legal framework would be maintained; Option 2: the "Soft law approach" would consist in both better implementation and better monitoring of the application of existing legislation; Option 3: the "Legislative approach" would be based on two components: (a) revising upwards the minimum EU standards for periodic roadworthiness tests (PTI) and unexpected roadside inspections (RSI) and define mandatory standards; (b) in a second phase, the possible establishment of and EU harmonised data exchange system linking the existing databases.

The impact assessment has shown the benefits of a combination of a soft-law approach with a regulatory approach. Therefore, the soft-law measures have been integrated into the legislative texts.

LEGAL BASIS: Article 91 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the "Roadworthiness Package" will carry over the existing requirements laid down in the existing legislative framework related to the roadworthiness regime, which covers roadworthiness tests (Directive 2009/40/EC), roadside inspections (Directive 2000/30/EC) and rules on the registration of vehicles (Directive 1999/37/EC).

The main objective of the proposal is to provide for a risk-rating system aimed at focusing inspections on vehicles operated by undertaking with poor safety records, thus rewarding vehicles operated by undertakings that are mindful of safety and the environment.

The main points of the proposal are as follows:

Scope : light commercial vehicles and their trailers will be included into the scope of roadside test activities as this group of vehicles does not follow the downward trend in road fatalities.

Roadside inspections : to distribute better the roadside inspections by Member States a percentage of the number of registered commercial vehicles shall be inspected every year. The total percentage will not exceed the number of roadworthiness tests already performed in the Union.

The selection of vehicles shall be based on the risk profile of the operators and target high risk undertakings to reduce the burden on the operators that maintain their vehicles in a proper way. Company profiling shall be based on the results of previous roadworthiness tests and roadside inspections similar. More elaborated roadside inspections shall be performed using testing equipment either by mobile inspection units or at test centres in close vicinity. The securing of cargo should be included in the roadside checks. Deficiencies detected shall be assessed according to harmonised rules related to their risk.

Training and qualifications : the level of knowledge and skills of inspectors performing roadside inspectors shall meet at least the level of those conducting roadworthiness tests.

National contact points : cooperation and exchange of information between Member States and with the Commission will be performed more efficiently via designated points of contact in the Member States.

Commission’s powers : the Commission shall be empowered to update the annexes to technical progress via delegated acts and to maintain the certificates and reporting forms in close cooperation with Member States via implementing acts including inter alia alternative test procedures based upon modern emission after-treatment systems for checking the in use NOx and particulate emissions conformity which are still under development.

BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.