16 Motor vehicle type approval
| (a)
(24767)
11641/03
COM(03) 418
(b)
(26127)
14469/04
COM(04) 738
|
Draft Directive on the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles
Amended 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 10 March 2006
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| Previous Committee Reports | HC 42-xiv (2003-04), para 4 (24 March 2004) and HC 38-ii (2004-05), para 2 (8 December 2004)
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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 | Cleared
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Background
16.1 Design and construction standards for motor vehicles in the
Community are governed by Framework Directive 70/156/EEC.[61]
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 over 50 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.
16.2 The draft Directive, document (a), would repeal
and replace the Framework Directive. 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.
16.3 Document (b) is an amended draft Directive presented
by the Commission after its consideration of European Parliament
first reading amendments and of points made in Council Working
Group discussions. The Commission rejected the majority of the
European Parliament's amendments and made only partial concessions
on most of the others. Although there were some developments —
particularly on matters of detail — the overall position
remained largely unaltered by the new document.
16.4 The main features of document (b) are:
- a change to the scope of the
draft Directive means certain special-purpose vehicle categories,
for example those used by the police, could get an approval, although
some restrictions would still apply;
- the Commission makes only a small concession
on the numerical limits for "small series" car approvals.
"Mutual recognition" provisions would rely on a measure
of "equivalence" with Directives — the European
Parliament wanted "satisfactory" standards and the Government
advocated "maximum practical level" of safety and environmental
protection. For example, it would be impossible to establish whether
an individual bespoke car met the front and side impact requirements
for mass-produced vehicles without destructive testing. In such
cases, equivalence could not be established, but an engineering
judgment could be made on the best level of protection in the
circumstances;
- the Commission makes no concessions on the mandatory
application dates for new approval requirements; and
- numerous, generally minor, changes to procedures
and definitions and largely reflecting Council Working Group discussions
to facilitate the move to EC type and individual approval for
all vehicle categories.
16.5 Whilst welcoming the principle of the original
draft Directive, document (a), 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. In March 2004, the previous
Committee reported some helpful amendments from the European Parliament's
first reading but little progress in the Council Working Group
on these issues. It kept the document under scrutiny pending more
encouraging progress. When our predecessors considered the revised
draft Directive, document (b), they noted their disappointment
at seeing little useful progress, encouraged the Government to
maintain its robust stance in negotiations and continued to hold
the documents under scrutiny pending more encouraging developments.[62]
The Minister's letter
16.6 The Minister of State, Department for Transport
(Dr Stephen Ladyman) writes now to tell us of the latest developments
on this proposal. He says that progress made in the second half
of 2005 has secured a basis for political agreement, which is
expected to be formally adopted during the Austrian Presidency.
He adds that discussions will be taking place to determine whether
a second-reading deal with the European Parliament will be possible.
16.7 The Minister says that overall the text is now
acceptable for the UK. On the specific points drawn to the attention
of the previous Committee he reports that:
- there are increases in the
number of vehicles permitted to enter service under the "small
series" type approval schemes — from 50 to 75 per type
per year for national approvals and from 300 to 1,000 per type
per year for the harmonized EC small series scheme. UK industry
interests have said that, whilst not ideal, these limits are reasonable
in the context of an overall package with off-setting advantages
of easier access to European markets for low-volume producers;
- there are exemptions from prohibitively expensive
approval elements such as destructive testing and the "on-board
diagnostic" elements of exhaust emission control systems,
which are only viable for mass-production;
- the Government's case for standards for individual
approvals that achieve the "maximum practical level of protection",
rather than the Commission's proposal for equivalence with type
approval standards, has been accepted; and
- for transitional lead-times there are compromise
periods roughly midway between the Government's ideal and the
Commission's proposals. But given the prolonged negotiating period
the net effect is actually not too far from what the Government
originally wanted and UK industry interests are broadly content.
16.8 The Minister says also that there is provision
for Member States to contribute to a review of the new type approval
procedures within 24 months of the Directive's application and
for a subsequent review by the European Parliament.
16.9 Finally, the Minister adds that, although the
draft Directive has yet to be adopted and to be transposed into
national legislation the department is developing a comprehensive
implementation plan that will involve industry and other interested
parties, in order to produce user-friendly procedures for both
granting and accepting vehicle approvals under the anticipated
new regime.
Conclusion
16.10 We are grateful to the Minister for this
report and note the improvements to the text which have been achieved.
We have no further questions and now clear the documents.
61 OJ No. L 42, 23.2.1970, p. 1. Back
62
See headnote. Back
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