REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directive 1999/37/EC on the registration documents for vehicles

5.6.2013 - (COM(2012)0381 – C7‑0187/2012 – 2012/0185(COD)) - ***I

Committee on Transport and Tourism
Rapporteur: Vilja Savisaar-Toomast

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Council Directive 1999/37/EC on the registration documents for vehicles

(COM(2012)0381 – C7‑0187/2012 – 2012/0185(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2012)0381),

–   having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0187/2012),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Cypriot Parliament and by the Netherlands Senate and House of Representatives, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–   having regard to the opinion of the European Economic and Social Committee of 12 December 2012[1],

–   after consulting the Committee of the Regions,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A7-0199/2013),

1.  Adopts its position at first reading hereinafter set out;

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

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

Amendment  1 Proposal for a directive Recital 3
Text proposed by the Commission	Amendment
(3) The possibility of cancelling a registration of a vehicle in cases where inter alia a vehicle has been re-registered in another Member State or dismantled and scrapped should be introduced.	(3) The possibility of cancelling a registration of a vehicle in the Member State of its registration in cases where inter alia a vehicle has been re-registered in another Member State or dismantled and scrapped should be introduced.
Amendment  2 Proposal for a directive Recital 4
Text proposed by the Commission	Amendment
(4) To reduce administrative burdens and ease the exchange of information between Member States, vehicle related information should be kept in national registers.	(4) To reduce administrative burdens and ease the exchange of information between Member States, vehicle related information should be kept in national electronic registers.
Amendment  3 Proposal for a directive Recital 4 a (new)
Text proposed by the Commission	Amendment
	(4a) Whereas, in order to facilitate those checks specifically intended to combat fraud and the illegal trade in stolen vehicles and to check the validity of the roadworthiness certificate, it is appropriate to establish close cooperation between Member States, based on an effective exchange of information, by using national electronic databases.
Justification
In order to create the possibility to check the validity of the roadworthiness certificate it is necessary to foster the use of electronic databases both in each Member State and in between Member States.
Amendment  4 Proposal for a directive Article 1 – point 2 Directive 1999/37/EC Article 2 – points e and f
Text proposed by the Commission Amendment (e) 'withdrawal of a registration': shall mean a limited period of time in which the vehicle is not authorised to be used in road traffic, not involving a new process of registration; (e) 'suspension of a registration': shall mean an administrative act whereby, for a limited period of time, the vehicle is not authorised to be used in road traffic, following which – provided the reasons for suspension have ceased to apply – it may be used again without a new process of registration; (f) 'cancellation of a registration': shall mean a permanent cancellation of the authorisation for the vehicle to be used in road traffic, involving a new process of registration. (f) 'cancellation of a registration': shall mean a permanent cancellation by the competent authority of the authorisation for the vehicle to be used in road traffic, necessitating – if the vehicle is to be used again in road traffic – a new process of registration. The holder of the registration certificate may submit a request to the competent authority for cancellation of the registration.
(In line with this amendment "withdrawal" shall be replaced by "suspension" throughout the text)
Amendment  5 Proposal for a directive Article 1 – point 3 Directive 1999/37/EC Article 3 – paragraph 4
Text proposed by the Commission Amendment 4. Member States shall keep the data on all vehicles registered on their territory in an electronic register. The data in this register shall contain all elements in accordance with Annex I as well as the results of mandatory roadworthiness tests in accordance with Regulation XX/XX/XX [on periodic roadworthiness tests]. They shall make the technical data on vehicles available to the competent authorities or testing centres involved in roadworthiness testing. 4. Member States shall keep the data on all vehicles registered on their territory in an electronic register. The data in this register shall contain the data specified in points II.4 to II.7 of Annex I as well as the results of periodic or other mandatory roadworthiness tests in accordance with Regulation XX/XX/XX [on periodic roadworthiness tests]. They shall make the technical data on vehicles available to the competent authorities or testing centres involved in roadworthiness testing.
Amendment  6 Proposal for a directive Article 1 – point 3 Directive 1999/37/EC Article 3 a – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment The withdrawal shall be effective until the vehicle has passed a new roadworthiness test. On successful completion of the roadworthiness test, the registration authority shall without delay re-authorise the use of the vehicle in road traffic. The withdrawal shall be effective until the vehicle has passed a new roadworthiness test. On successful completion of the roadworthiness test, the registration authority shall without delay re-authorise the use of the vehicle in road traffic; no new process of registration shall be necessary.
Amendment  7 Proposal for a directive Article 1 – point 3 Directive 1999/37/EC Article 3 a – paragraph 2
Text proposed by the Commission Amendment 2. In case that a Member State registration authority receives a notification that a vehicle has been treated as an end-of-life vehicle in accordance with Directive 2000/53/EC the registration shall be cancelled and this information shall be added to its electronic register. 2. In the event that a Member State registration authority receives a notification that a vehicle has been treated as an end-of-life vehicle in accordance with Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles the registration shall be cancelled and this information shall be added to its electronic register. Such cancellation shall not involve a new process of registration.
Amendment  8 Proposal for a directive Article 1 – point 4 Directive 1999/37/EC Article 5
Text proposed by the Commission Amendment 4. The following paragraph is added to Article 5: 5. The following paragraphs are added to Article 5: "3. In case that a Member State receives a notification that a vehicle has been re-registered in another Member State, it shall cancel the registration of this vehicle on its territory." "3. In the event that a Member State receives a notification that a vehicle has been re-registered in another Member State, it shall cancel the registration of that vehicle on its territory.   3a. In the event that a vehicle is re-registered in another Member State and the proof of the last roadworthiness test and the date for the next roadworthiness test appear on the registration certificate, the Member State in which the vehicle is re-registered, when issuing the new registration certificate, shall recognise the validity of the roadworthiness certificate and, provided the certificate is valid in terms of the testing intervals applied in the Member State of re-registration, shall include a statement to that effect on the new registration certificate.   3b. In the event that the ownership of the vehicle changes and the proof of the last roadworthiness test and the date for the next roadworthiness test appear on the registration certificate, the Member State concerned, when issuing the new registration certificate to the new owner, shall recognise the validity of the roadworthiness certificate and shall include a statement to that effect on the new registration certificate."
Justification
In case of re-registering a vehicle in another Member State or changing the owner of the vehicle, the technical conditions of the vehicle do not change and so the validity of the roadworthiness certificate should be recognised and stated on the new registration certificate. However, as Member States can decide on more frequent testing intervals than foreseen in the proposal for a regulation on roadworthiness tests, mutual recognition of validity shall be subject to the fact that the frequency of testing is not less in the original Member State than in the re-registering Member State.
Amendment  9 Proposal for a directive Article 1 – point 5 Directive 1999/37/EC Article 7 – paragraph 2
Text proposed by the Commission Amendment 2. The delegation of power referred to in Article 6 shall be conferred for an indeterminate period of time from the date of entry into force of this Regulation. 2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of five years from the date of entry into force of this Directive. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment  10 Proposal for a directive Article 1 – point 6 a (new) Directive 1999/37/EC Article 9
Text proposed by the Commission Amendment   6a. Article 9 shall be replaced by the following:   "Member States shall assist one another in the implementation of this Directive. They may exchange information at bilateral or multilateral level in particular so as to check, before any registration of a vehicle, the latter's legal status, where necessary in the Member State in which it was previously registered. Such checking may in particular involve the use of an electronic network, with national electronic databases being made available to other Member States."
Justification
In order to create the possibility to check the validity of the roadworthiness certificate it is necessary to foster the use of electronic databases both in each Member State and in between Member States.
Amendment  11 Proposal for a directive Article 1 – point 6 b (new) Directive 1999/37/EC Annex I – point II.5
Text proposed by the Commission Amendment   6b. The following point shall be added to point II.5 of Annex I:   "(Y) proof (for example stamp, date, signature) of roadworthiness and date for next roadworthiness test (to be repeated as often as necessary)."
Justification
In order to reduce the bureaucracy and to ease the everyday life of the vehicle users it is necessary to introduce the proof of the last roadworthiness test and the date for the next roadworthiness test (showing the validity of the roadworthiness test) on the registration certificate. This gives a possibility to authorities not to issue an extra document that states that the roadworthiness certificate is valid, and which the vehicle users should carry with them all the time.

• [1]  OJ C44, 15.2.2013, p.128.

EXPLANATORY STATEMENT

Objectives of the Proposal

This proposal as a part of the 'Roadworthiness Package' aims at supporting and enforcing roadworthiness testing of motor vehicles with a view to enhance road safety and environmental protection. It improves the enforcement of the roadworthiness testing and roadside inspection regime, notably in the case where the technical condition of a vehicle creates an imminent risk to road safety, through measures such as temporary withdrawal or permanent cancellation of the vehicle's registration.

Before a vehicle is allowed to be put on the market, it has to fulfil all the relevant type or individual approval requirements guaranteeing an optimal level of safety and environmental standards. Every Member State has the obligation to register for the first time any vehicle that received the European type-approval on the basis of the "Certificate of Conformity" issued by the vehicle manufacturer. This registration is the official authorisation for the use on public roads and enforces the different introduction dates of different vehicles' requirements.

During a vehicle's lifetime it may be subject to re-registration, due to a change of ownership, or a transfer to another Member State for permanent use. Provisions on a vehicle registration procedure should be similarly introduced to ensure that vehicles which constitute an immediate risk to road safety are not used on roads.

The goal of vehicle registration is to authorise the use of a vehicle in road traffic. This authorisation is rendered visible by the attachment of the registration number plate to the vehicle and the issuing of a registration certificate.

Novelties of the proposal

Compared to the existing act[1], the proposal provides for more precise definitions on the place of registration of vehicles, and introduces the withdrawal and the cancellation of registration certificates.

The withdrawal ensures that vehicles which constitute an immediate risk to road safety are not allowed on the road by withdrawing their registration until another roadworthiness test has been passed successfully. To reduce administrative burden, it should not be necessary to go through the process of registration when the withdrawal is lifted again.

Furthermore, the original registration of vehicles which have been re-registered in another Member State are automatically cancelled. This avoids the parallel registrations in different Member States. Registrations of vehicles that following a periodic roadworthiness test would need to be scrapped and those notified as 'end of life vehicle' shall be cancelled following its notification.

The proposal also lays down new requirements on electronic registration databases and the follow up of roadworthiness test results, re-registration and destruction of vehicles.

The Commission shall be empowered to update the annexes taking into account the evolution of the EU type-approval legislation in relation with the content of certificates of conformity as well as technical progress via delegated acts.

Rapporteur's assessment and recommendations

Your Rapporteur supports the Commission Proposal and proposes some amendments to be more coherent with existing legislation and to reduce administrative burden.

Your Rapporteur suggests the reduction in size of the registration certificate and the marking of a link to the tests of the roadworthiness test so as to reduce the papers drivers have to carry with them all the time. She agrees with the establishment with the electronic databases, however, would like that all these national databases be connected to other Member States so as to make identification of the vehicle easier.

As far as the cancellation of a registration is concerned your Rapporteur wishes to draw your attention to the fact that the legal status and the liability for damages after the vehicle is sold, but before the time of registration is not sufficiently regulated in each Member State. Therefore it should be possible for the vehicle owner to cancel the registration of a vehicle himself so as to be exempted from further liability.

Along the lines of the judgment of the European Court of Justice in Commission v. The Netherlands (C-297/05), your Rapporteur believes that the validity of roadworthiness tests should be mutually recognised by all Member States.

Last but not least, your Rapporteur suggests reducing the delegation of powers to a renewable 5 year period instead of the indeterminate period.

• [1]                     Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles, as amended.

PROCEDURE

Title	Registration documents for vehicles
References	COM(2012)0381 – C7-0187/2012 – 2012/0185(COD)
Date submitted to Parliament	10.7.2012
Committee responsible        Date announced in plenary	TRAN 11.9.2012
Committee(s) asked for opinion(s)        Date announced in plenary	IMCO 11.9.2012
Not delivering opinions        Date of decision	IMCO 18.9.2012
Rapporteur(s)        Date appointed	Vilja Savisaar-Toomast 3.10.2012
Discussed in committee	18.12.2012	22.1.2013	19.3.2013	23.4.2013
Date adopted	30.5.2013
Result of final vote	+: –: 0:	39 1 0
Members present for the final vote	Magdi Cristiano Allam, Inés Ayala Sender, Georges Bach, Erik Bánki, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Joseph Cuschieri, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Jacqueline Foster, Franco Frigo, Mathieu Grosch, Jim Higgins, Juozas Imbrasas, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Marian-Jean Marinescu, Gesine Meissner, Hubert Pirker, Dominique Riquet, Petri Sarvamaa, Vilja Savisaar-Toomast, Olga Sehnalová, Brian Simpson, Silvia-Adriana Ţicău, Giommaria Uggias, Peter van Dalen, Patricia van der Kammen, Dominique Vlasto, Artur Zasada, Roberts Zīle
Substitute(s) present for the final vote	Phil Bennion, Spyros Danellis, Isabelle Durant, Janusz Władysław Zemke
Substitute(s) under Rule 187(2) present for the final vote	George Sabin Cutaş
Date tabled	5.6.2013