VEHICLE APPROVALS DIRECTIVE (14469/04)
Letter from Stephen Ladyman MP, Minister
of State for Transport, Department for Transport to the Chairman
I am writing to let you know where things stand
with the draft Vehicle Approvals Directive that was the subject
of EMs 11641/03 and 14469/04 and for which there remains a scrutiny
reservation by your Committee. I last wrote about this in my letter
of 18 July 2005,[51]
and explained that some progress had been made during the Luxembourg
Presidency on several aspects of this complicated dossier. However,
there had been no progress made, in the first half of 2005, regarding
the lead times for the new arrangements, which will have an impact
on UK industry. There was also no progress on the "small
series" type approval issues that are of particular concern
to the UK, although good progress had been made in bi-lateral
discussions with the Commission, with an agreement in principle
on the "small series" issues.
I am pleased to say that progress was made in
the second half of 2005, and the basis for political agreement
has been reached. We expect that agreement to be reached formally
at a future Council meeting during the Austrian Presidency. Overall,
the draft text is now acceptable from the UK's standpoint. Discussions
will be taking place to determine whether a second reading deal
with the European Parliament will be possible.
The original EM and previous correspondence
drew attention to concerns for UK industry about the prospective
limitations on "small series" type approvals and individual
vehicle approvals. These are important for our independent specialist
car manufacturers, which produce vehicles ranging from kit cars
to those for disabled people. They are also of significance to
many commercial vehicle bodybuilders. We have continued to consult
these sectors of industry as the discussions in Brussels have
progressed and have been successful in securing the key exemptions
and flexibility critical to the continued viability of these businesses.
In relation to the specific issues identified
in the EMs, there have been 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. Whilst these limits are not ideal, industry
has indicated that they are reasonable in the context of the overall
package, where there will be off-setting advantages of easier
access to European markets for low-volume producers. We have achieved
exemptions from the 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.
For individual approvals—these will be
needed where, for whatever reason, a manufacturer's type approval
is not available—our case for accepting standards that achieve
the "maximum practical level of protection", rather
than the Commission's disproportionate and impractical proposal
for equivalence with type approval standards, has also prevailed.
For the transitional lead-times that are of
particular importance to the commercial vehicle sector, there
are—perhaps almost inevitably—compromise periods roughly
midway between our ideal and the Commission's proposals. Given
the prolonged period it has taken to progress this dossier, the
net effect is actually not too far from what we originally envisaged,
and I am pleased to be able to report that industry is broadly
content.
The draft Directive provides for Member States
to contribute to a review of the new type approval procedures
within 24 months of its application and for a subsequent review
by the European Parliament.
Notwithstanding the remaining procedural hurdles
this draft Directive has to clear both in Europe and nationally,
my department is developing a comprehensive implementation plan
that will involve industry and other interested parties. This
is intended to ensure that we take account of their views and
produce user-friendly procedures for both granting and accepting
vehicle approvals under the anticipated new regime.
10 March 2006
Letter from the Chairman to Stephen Ladyman
MP
Thank you for your letter of 10 March 2006 providing
an update on the progress of the draft Vehicle Approvals Directive
which Sub-Committee B considered at its meeting on 27 March 2006.
We are relieved that the Government has had
a great deal of success in ironing out the potentially undesirable
elements of this proposal, particularly those which might have
a detrimental impact on independent low volume manufacturers in
the UK.
As at present it is not known whether the European
Parliament will accept the amendments on the draft Directive,
we would be grateful to you if you could provide us with a report
on any further progress. We will maintain the scrutiny reserve
on this proposal.
29 March 2006
51 Correspondence with Ministers, 45th Report of Session
2005-06, HL Paper, 243, p 160-161. Back
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