4 Motor vehicle type approval
| (24767)
11641/03
COM(03) 418
| Draft Directive on the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles
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| Legal base | Article 95 EC; co-decision; QMV
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| Department | Transport |
| Basis of consideration | Minister's letter of 18 March 2004
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| Previous Committee Report | HC 63-xxxiii (2002-03), para 9 (15 October 2003)
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| To be discussed in Council | Not known
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information on progress requested
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Background
4.1 Design and construction standards for motor vehicles in the
Community are governed by Framework Directive 70/156/EEC.[9]
Its object is to achieve a single market through harmonized safety
and environmental standards, using the concept of type approval.
Type approval involves testing prototypes, and it ensures that
manufacturers are able to produce products in conformity with
the type approval. Currently the Framework Directive is supplemented
by 56 Directives prescribing standards for individual components
and systems. Vehicles approved individually, for example for
specialist manufacturers, amateur builders or imports from non-EU
markets, are outside the scope of the framework Directive. The
UK has single-vehicle approval schemes for these.
4.2 In October 2003 we left uncleared (pending further
information) this draft Directive which would repeal and replace
the Framework Directive.[10]
It would make the following main changes to the present regime:
- enable EC Whole Vehicle Type
Approval (ECWVTA) to be granted to vehicle categories other than
cars within 12 months of the new Directive being adopted;
- make ECWVTA mandatory for goods vehicles, large
passenger vehicles and trailers over the period 1 July 2007 to
1 January 2012 and for "special purpose" passenger cars,
such as ambulances, motor caravans, hearses and armoured vehicles
from 1 July 2007 for new types and from 1 July 2009 for all vehicles
not by then in service;
- for passenger cars, create a new tier of "EC
harmonized small series type approval" but within tight quantitative
limits, and reduce the scope for Member States to have national
type approval schemes, both in terms of quantitative limits and
in terms of deciding proportionate technical standards;
- bring vehicles approved individually within the
scope of the Framework Directive; and
- make various procedural changes, generally reflecting
practical experience.
4.3 We said that before considering this document
further we should like to hear in due course about progress in
securing substantial improvement in the draft Directive in relation
to matters to which our attention had been drawn. Whilst welcoming
the principle of the draft Directive the Government was concerned
about quantitative limits for harmonized EC and national "small
series" type approval, proposed transitional lead times,
adjustments to technical requirements for low-volume manufacture
and allowing Member States derogations for domestic needs on national
type approvals and individual approvals.
The Minister's letter
4.4 The Minister of State for Transport (Dr Kim Howells)
writes to give us a progress report. He tells us that at its
first reading of the proposal in January 2004 the European Parliament
made a number of amendments. He says:
"For the
most part, [the amendments] are very welcome and reflect our own
practical concerns. The only aspect we cannot support concerns
amendments 2, 17 and 18, which require the supply of certain information
by vehicle manufacturers to 'aftermarket' maintenance providers
etc. This is already dealt-with in Commission Regulation 1400/2002
— the 'Block Exemption' Regulation — on the application
of Article 81(3) of the Treaty to categories of vertical agreements
and concerted practices in the motor vehicle sector. It is not
appropriate, legally or practically, to have the same subject
covered in a Directive. We have yet to receive detailed feedback
from UK manufacturing industry, but current indications are that
they too broadly support the European Parliament's amendments."
4.5 But the Minister adds:
"In the Council of Ministers Motor Vehicle Harmonisation
Working Party, progress has been disappointingly slow. The Working
Party is working its way through an Article by Article scrutiny.
In addition, my officials have had a bilateral meeting with Commission
officials to try and resolve some of the differences. The Commission
has indicated some preparedness to move towards the UK position
on national 'small series' type approval schemes, which would
enable us to maintain the status quo for our niche market producers.
However, we continue to face potential difficulty with some of
the practical aspects on assessment of standards for small specialist
manufacturers — including, for example, those who produce
Disabled Persons Vehicles — and on the transitional periods
prior to mandatory application of the new regime. (The European
Parliament has recognised these concerns in its recommendations).
The Working Party has yet to address these crucial issues and
it is extremely unlikely the discussions will be concluded before
the end of the Irish Presidency. I am afraid it is still too
early to report with any certainty on whether the UK's key points
will prevail, although we do expect to have support from at least
two member states on most of them."
Conclusion
4.6 We are grateful to the Minister for this progress
report. We note useful progress in the European Parliament, but
encourage the Government to continue with a robust stance in Council
Working Party negotiations. We look forward to a more optimistic
report on these negotiations in due course. Meanwhile we will
continue to hold the document under scrutiny.
9 OJ No. L 42, 23.2.70, p.1. Back
10
See headnote. Back
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