Procedure : 2008/0044(COD)
Document stages in plenary
Document selected : A6-0299/2008

Texts tabled :

A6-0299/2008

Debates :

Votes :

PV 23/09/2008 - 5.20
Explanations of votes

Texts adopted :

P6_TA(2008)0433

REPORT     ***I
PDF 158kWORD 187k
8 July 2008
PE 407.766v02-00 A6-0299/2008

on the proposal for a directive of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers (recast)

(COM(2008)0100 – C6-0094/2008 – 2008/0044(COD))

Committee on Legal Affairs

Rapporteur: József Szájer

(Recast – Rule 80a of the Rules of Procedure)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 LETTER OF THE COMMITTEE ON TRANSPORT AND TOURISM
 ANNEX: OPINION IN LETTER FORM OF THE LEGAL SERVICES' CONSULTATIVE WORKING PARTY
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers (recast)

(COM(2008)0100 – C6 0094/2008 – 2008/0044(COD))

(Codecision procedure – recast)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0100),

–   having regard to Article 251(2) and Article 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0094/2008),

–   having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(1),

–   having regard to Rules 80a and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Transport and Tourism (A6-0299/2008),

A. whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,

1.  Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission and as amended hereunder;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and the Commission.

Amendment  1

Proposal for a regulation

Article 6

Text proposed by the Commission

Amendment

1. The Council, acting by a qualified majority on a proposal from the Commission, shall adopt the separate Directives necessary to define the minimum standards and methods for testing the items listed in Annex II.

The Commission shall define the minimum standards and methods for testing the items listed in Annex II, and shall adopt any amendments necessary to adapt those methods and standards to technical progress.

2. The Commission shall adopt any amendments necessary to adapt to technical progress the standards and methods defined in the separate Directives.

 

Those measures, aimed to amend non-essential elements of the said Directives shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).

Those measures, designed to amend non-essential elements of the said Directives, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).

Justification

All implementing measures should be decided by the Commission under the RPS procedure.

(1)

OJ C 77, 28.3.2002, p. 1.


EXPLANATORY STATEMENT

Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(1) was amended by Council Decision 2006/512/EC of 17 July 2006(2). Article 5a of amended Decision 1999/468/EC introduced the new 'regulatory procedure with scrutiny' (RPS) for 'measures of a general scope which seek to amend non-essential elements of a basic instrument adopted in accordance with codecision, inter alia by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements'.

Following the screening of the existing legislation and on-going procedures(3), the European Commission presented inter alia this recast proposal, transformed from a codification in order to incorporate the amendments necessary for the alignment to RPS.

In its decision of 12 December 2007 the Conference of Presidents designated the Committee on Legal Affaires as the lead Committee to deal with this 'comitology alignment' and the specialised committees as opinion-giving committees. The Conference of Committee Chairs agreed on 15 January 2008 on the modalities of cooperation between the Committee on Legal Affairs and the other committees involved.

In view of the proposed alignment to RPS, and having consulted the sectoral committee, the Committee on Legal Affairs proposes one amendment in order to assure that RPS applies to all implementing measures under this Directive.

(1)

OJ C 203, 17.7.1999, p. 1.

(2)

OJ L 200, 22.7.2006, p. 11.

(3)

COM(2007)0740.


LETTER OF THE COMMITTEE ON TRANSPORT AND TOURISM

Mr Giuseppe GARGANI                                                                          TRAN/D/2008/33620

Chairman of the Committee on Legal Affairs

ASP 09E206

Brussels

Subject:          Proposal for a directive of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers (Recast) - (COM(2008)0100 - 2008/0044 (COD))

Dear Mr GARGANI,

The Committee on Transport and Tourism at its meeting of 29 May 2008 has examined the proposal referred to above, pursuant to the decision of the Conference of Presidents (CoP) of 12 December 2007 to designate the Committee on Legal Affairs as the lead Committee to deal with the revision of existing legislative measures to be adapted to the new regulatory procedure with scrutiny and to ensure that the specialised committees are associated by opinions.

The Committee on Transport and Tourism unanimously recommends your committee, as the committee responsible, to accept the alignment with the modifications (amendments) as proposed in the annex.

Yours sincerely,

Paolo Costa

Annex: List

Cc:      Mr Jarzembowski, draftsman TRAN

           Mr Szájer, rapporteur JURI

ANNEX

Observations of JURI Committee on the COM proposal

Proposed European Parliament position

complete alignment to RPS

Alignment is not really complete, as in Art. 6-1 the power to "adopt the separate Directives to define the minimum standards and methods for testing the items listed in Annex 2" is given to the Council only. In Art. 6-2 the EP gets RPS only for amendments of these Directives, which are decided by the Commission.

All implementing measures should be decided by the Commission, with RPS. This can be achieved either by deleting 6-1 and modifying 6-2, or by amending 6-1 in replacing Council by Commission and adding RPS.

If Council or Commission don't want the separate Directives to be decided under RPS, all separate Directives should be decided under the normal COD procedure.


ANNEX: OPINION IN LETTER FORM OF THE LEGAL SERVICES' CONSULTATIVE WORKING PARTY

OPINION

FOR THE ATTENTION OF           THE EUROPEAN PARLIAMENT

                                                       THE COUNCIL

                                                       THE COMMISSION

Proposal for a directive of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers

COM(2008)0100 of 29.2.2008 - 2008/0044(COD)

Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 3 April 2008 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.

At that meeting(1), an examination of the proposal for a directive of the European Parliament and of the Council recasting Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers resulted in the Consultative Working Party’s establishing, by common accord, that the proposal does not comprise any substantive amendments other than those identified as such therein or in the present opinion. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing text, without any change in its substance.

C. PENNERA                                  J.-C. PIRIS                C.-F.DURAND

Jurisconsult                                       Jurisconsult                 actg. Director General

(1)

The Consultative Working Party had at its disposal 22 language versions of the proposal and worked on the basis of the English version, being the master-copy language version of the text under discussion.


PROCEDURE

Title

Roadworthiness tests for motor vehicles and their trailers (recast version)

References

COM(2008)0100 – C6-0094/2008 – 2008/0044(COD)

Date submitted to Parliament

29.2.2008

Committee responsible

       Date announced in plenary

JURI

11.3.2008

Committee(s) asked for opinion(s)

       Date announced in plenary

TRAN

11.3.2008

 

 

 

Not delivering opinions

       Date of decision

TRAN

25.3.2008

 

 

 

Rapporteur(s)

       Date appointed

József Szájer

19.12.2007

 

 

Date adopted

26.6.2008

 

 

 

Result of final vote

+:

–:

0:

24

0

0

Members present for the final vote

Carlo Casini, Titus Corlăţean, Bert Doorn, Monica Frassoni, Giuseppe Gargani, Neena Gill, Othmar Karas, Piia-Noora Kauppi, Klaus-Heiner Lehne, Hans-Peter Mayer, Manuel Medina Ortega, Hartmut Nassauer, Aloyzas Sakalas, Francesco Enrico Speroni, Diana Wallis, Rainer Wieland, Jaroslav Zvěřina, Tadeusz Zwiefka

Substitute(s) present for the final vote

Sharon Bowles, Vicente Miguel Garcés Ramón, Jean-Paul Gauzès, Eva Lichtenberger, József Szájer, Ieke van den Burg

Last updated: 13 August 2008Legal notice