12. We consider that the
following raises questions of political importance, but make no
recommendation for its further consideration:-
DEPARTMENT OF TRANSPORT
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(17868)
5386/97
COM(97)5
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Amended proposal for a Council Directive relating to the maximum design speed of wheeled agricultural or forestry tractors.
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Legal base:
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Article 100a; co-decision; qualified majority voting.
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Background
12.1 We considered the
original draft Directive on 17 July 1996[30].
This is an amended proposal following consideration by the European
Parliament, but the position is still changing.
The proposal
12.2 The EP has proposed
4 amendments to the draft. The Commission has accepted two of
them (new recitals on the improvement and harmonisation of safety
aspects, and on the need for future legislation on pollution);
the Government is content with these. It is also content with
the Commission's rejection of the proposal for in-service testing
of vehicles, which it considers should be dealt with under Article
75.
12.3 The amendment which
is contentious relates to so-called "fast tractors"
(tractors with a design speed of over 40 kph), of which one of
the major manufacturers is a British firm. The Government supports
the EP's proposed amendment to require Member States to accept
type-approved fast tractors, where national rules permit them.
It would prefer to see no upper limit on design speed, and considers
that the necessary technical standards could be developed through
the technical adaptation procedure[31].
The present position
12.4 At the time of submitting
his Explanatory Memorandum (19 February), the Parliamentary Under-Secretary
of State at the Department of Transport (Mr Bowis) was hopeful
that his position would prevail. However, in a letter of 10 March
he explains that, on the contrary, as the negotiations have progressed
the UK has become isolated in its view. And the timetable has
accelerated: the Presidency is now hoping to achieve agreement
on a compromise position at the Internal Market Council on 13
March. The Minister tells us that the proposed compromise draft
will not provide for fast tractors, but that the Presidency is
likely to suggest a statement requesting the Commission to bring
forward further proposals as soon as possible. He believes that
such proposals could be forthcoming by next year, and that they
would cover fast tractors. The Minister tells us that he proposes
to support the Common Position at the Council if it is accompanied
by a suitable statement along these lines, and apologises for
the fact that we will not be able to consider the text in advance.
Conclusion
12.5 We understand
the pressure of time on these negotiations, and note the Minister's
hopes for a satisfactory compromise solution. We are clearing
the document on the basis of the information the Minister has
provided in his letter, even though we do not have a draft text
of the Common Position. We do, however, ask the Minister to provide
us with a copy of the final text as soon as possible.
30 (17291) 8165/96; see HC 51-xxvi (1996-97), paragraph 26 (17 July 1996). Back
31 The Technical Adaptations Committee is responsible for adapting Directives relating to motor vehicles in the light of technical progress. This power is provided for in Type Approval Directives for vehicles and vehicle components, and provides a quicker and simpler method of making changes than an amending Council Directive. For a full description of the process, see our Twentieth Report of Session 1994-95; The United Kingdom and the Community: who makes the law on road safety? HC 323 (1994-95), paragraphs 14 and 15. Back
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