REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic

27.3.2014 - (COM(2013)0195 – C7‑0102/2013 – 2013/0105(COD)) - ***I

Committee on Transport and Tourism
Rapporteur: Jörg Leichtfried

Procedure : 2013/0105(COD)

Document stages in plenary

Document selected :

A7-0256/2014

Texts tabled :

A7-0256/2014

Debates :

PV 14/04/2014 - 17
CRE 14/04/2014 - 17

Votes :

PV 15/04/2014 - 8.13
Explanations of votes

Texts adopted :

P7_TA(2014)0353

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic

(COM(2013)0195 – C7‑0102/2013 – 2013/0105(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2013)0195),

– 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 (C7‑0102/2013),

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

– having regard to the opinion of the European Economic and Social Committee of 11 July 2013[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 (A7-0256/2014),

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 1

Text proposed by the Commission

Amendment

(1) The White Paper ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’ published in 2011⁶ emphasised the need to reduce greenhouse gas emissions, particularly carbon dioxide (CO₂) emissions, by 60% in comparison with 1990 levels by 2050.

__________________

⁶ COM (2011) 0144

Amendment 2

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a) As there are currently no policies in place to deal with the rising CO₂ emissions from trucks, the Commission should assess the introduction of fuel efficiency standards for trucks, further extending its legislative approach in respect of cars and vans.

Amendment 3

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3) Technological developments include the possibility of attaching retractable or foldable aerodynamic devices to the rear of vehicles, mainly trailers or semi-trailers, but which then exceed the maximum lengths allowed under Directive 96/53/EC. This equipment may be installed as soon as this Directive enters into force, as the products are available on the market and already used in other continents. The same applies to energy-absorbing aerodynamic cowls and underrun protective devices affixed in the area of the wheels on the sides and at the rear under the trailers, semi-trailers and vehicles. These can significantly improve the energy efficiency of the vehicle while also significantly reducing the risk of injury to other road users. This Directive should also encourage and facilitate innovation in vehicle and transport unit design.

Amendment 4

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

(3a) The Commission should develop an approach aimed at reducing empty runs in road freight transport within the framework of measures concerning ‘weights and dimensions’, as well as minimum harmonisation rules for road cabotage, in order to avoid dumping practices. Furthermore, the review of Directive 1999/62/EC of the European Parliament and of the Council¹^a ("the Eurovignette Directive") should also be used to reflect progress in estimating the external costs, and to mandate the internalisation of external costs, for heavy goods vehicles. The Commission should present, before 1 January 2015, a proposal to amend the Eurovignette Directive.

____________________

^1a Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42).

Amendment 5

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) The improved aerodynamics of the cabs of motor vehicles would also allow significant gains on the energy performance of vehicles, in conjunction with the devices mentioned in recital 3 above. However, this improvement is impossible under the current maximum lengths set by Directive 96/53/EC without reducing the vehicle load capacity and threatening the economic equilibrium of the sector. Therefore a derogation from this maximum length is required.

(4) Heavy-good vehicles are responsible for about 26 % of road transport CO₂ emissions in Europe while their fuel efficiency has hardly improved over the last 20 years. The improved aerodynamics of the cabs of motor vehicles would allow significant gains in the energy performance of vehicles, in conjunction with the devices mentioned in recital 3 above, and are urgently needed in order for the road freight sector to significantly reduce vehicle emissions. However, this improvement is impossible under the current maximum lengths set by Directive 96/53/EC without reducing the vehicle load capacity and threatening the economic equilibrium of the sector. Therefore a derogation from this maximum length is required. Any such derogation should not be used to increase the payload of the vehicle.

Amendment 6

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5) In its policy orientations on road safety 2011-2020⁷, the Commission set out measures to make vehicles safer and better protect vulnerable road users. The importance of visibility for vehicle drivers was also underlined in the Commission’s report to the European Parliament and the Council on the implementation of Directive 2007/38/EC on the retrofitting of mirrors to heavy goods vehicles registered in the Community⁸. A new cab profile will also contribute to improving road safety by reducing the blind spot in the driver’s vision, including under the windscreen, which should help save the lives of many vulnerable road users such as pedestrians or cyclists. This new profile could also incorporate energy absorption structures in the event of a collision. The potential gain in the volume of the cab would also improve the driver’s comfort and safety.

(5) In its policy orientations on road safety 2011-2020⁷, the Commission set out measures to make vehicles safer and better protect vulnerable road users. The importance of visibility for vehicle drivers was also underlined in the Commission’s report to the European Parliament and the Council on the implementation of Directive 2007/38/EC on the retrofitting of mirrors to heavy goods vehicles registered in the Community⁸. A new cab profile will also contribute to improving road safety by reducing the blind spot in the driver’s vision, including under the windscreen and to the side of the vehicle, which should help save the lives of many vulnerable road users such as pedestrians or cyclists. The new cab profile should therefore, after an appropriate transitional period, become mandatory. This new profile should also incorporate energy absorption structures in the event of a collision. The potential gain in the volume of the cab would also improve the driver’s comfort and safety.

__________________

⁷ COM(2010) 389

⁸ COM (2012) 258

Amendment 7

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) Aerodynamic devices and their installation in vehicles must be tested before being put on the market. To this end, Member States are to issue certificates that will be recognised by other Member States.

(6) Aerodynamic devices and their installation in vehicles must be tested, in accordance with the test procedure for the measurement of aerodynamic performance which is being developed by the Commission, before being put on the market. To this end, Member States are to issue certificates that will be recognised by other Member States. The Commission should develop detailed technical guidelines on the application and requirements for certificates.

Amendment 8

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission

Amendment

(6a) The 2011 White Paper on Transport provides that 30 % of road freight carried over distances of more than 300 km should shift to other modes, such as rail or waterborne transport, by 2030, and more than 50 % by 2050, facilitated by efficient and green freight corridors. In order to meet this goal, appropriate infrastructure will need to be developed. This goal was approved by the European Parliament in its resolution of 15 December 2011 on the Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system¹^a.

_________________

¹^a OJ C 168 E, 14.6.2013, p. 72.

Amendment 9

Proposal for a directive

Recital 6 b (new)

Text proposed by the Commission

Amendment

(6b) In order to meet the objectives of the 2011 White Paper on Transport, the revision of Directive 96/53/EC will present an opportunity to improve the safety and comfort of drivers, taking into account the requirements laid down in Council Directive 89/391/EEC¹^a ("the Occupational Health and Safety Framework Directive").

____________________

^1a Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 26.9.1989, p. 1).

Amendment 10

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7) Longer vehicles may be used in cross-border transport if the two Member States concerned already allow it and if the conditions for derogation under Article 4(3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if the cross-border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances the Member States' right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect.

deleted

Amendment 11

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) Using alternative engines that no longer rely only on fossil fuels and are therefore non-polluting or less polluting, such as electric or hybrid engines for heavy-duty vehicles or buses (mainly in urban or suburban environments) generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms. Vehicles equipped with low-carbon technologies should be permitted to exceed the maximum weight by up to one tonne, depending on the weight required for the technology. However, the extra weight should not increase the load capacity of the vehicle. The principle of technological neutrality should be maintained.

Amendment 12

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9) The White Paper on Transport also stresses the need to monitor developments in intermodal transport, particularly in the area of containerisation, where 45-foot containers are increasingly used. They are transported by rail or inland waterways. But the road components of intermodal journeys can only be undertaken today if both the Member States and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners, the cost of which is prohibitive. Increasing the length of the vehicles transporting them by 15 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport, without risk or prejudice to the infrastructure or other road users. The small increase that this 15 cm represents in relation to the length of an articulated truck (16.50 m) does not constitute an additional risk to road safety. In the policy orientation of the White Paper on Transport, this increase is however authorised only for intermodal transport, for which the road component does not exceed 300 km for operations involving a rail, river or sea component. This distance appeared sufficient to link an industrial or commercial site with a freight terminal or a river port. To link a seaport and support the development of motorways of the sea, a longer distance is possible for a short intra-European maritime transport operation.

Amendment 13

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) The authorities responsible for enforcing road transport-related requirements note a high number of infringements, sometimes serious, particularly in relation to the weight of transport vehicles. This situation stems from the insufficient number of checks conducted under Directive 96/53/EC, or from their inefficiency. Furthermore, the procedures and rules for checks differ between Member States, creating legal uncertainty for drivers of vehicles operating in several Member States of the Union. Furthermore, transporters that do not comply with the relevant rules enjoy a significant competitive advantage over competitors that do comply with the rules, and over other modes of transport. This situation constitutes an obstacle to the proper functioning of the internal market. It is therefore important that Member States increase the pace of checks carried out, both the manual checks and the pre-selections for manual checks.

(12) The authorities responsible for enforcing road transport-related requirements note a high number of infringements, sometimes serious, particularly in relation to the weight of transport vehicles. This situation stems from the insufficient number of checks conducted under Directive 96/53/EC, or from their inefficiency. Furthermore, the procedures and rules for checks differ between Member States, creating legal uncertainty for drivers of vehicles operating in several Member States of the Union. Furthermore, transporters that do not comply with the relevant rules enjoy a significant competitive advantage over competitors that do comply with the rules, and over other modes of transport. This situation constitutes an obstacle to the proper functioning of the internal market and a risk to road safety. It is therefore important that Member States increase the pace and efficiency of checks carried out, both the manual checks and the pre-selections for manual checks, based on a risk-rating system.

Amendment 14

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) The observation of a high number of infringements of the provisions of Directive 96/53/EC is to a large extent due to the non-deterrent level of penalties prescribed by Member States’ legislation for violations of these rules, or even the absence of any such penalties. This weak point is further compounded by the wide variety in the levels of administrative penalties applicable in the different Member States. To remedy these weak points, the levels and categories of administrative penalties for infringements of Directive 96/53/EC should be approximated at Union level. These administrative penalties should be effective, proportionate and dissuasive.

Amendment 15

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16) The European Parliament and the Council should be regularly informed of the checks on road traffic carried out by the Member States. This information, provided by the Member States, will enable the Commission to ensure compliance with this Directive by hauliers and to define whether or not additional coercive measures should be developed.

(16) The European Parliament and the Council should be regularly informed of the checks on road traffic carried out by the Member States. This information, provided by the Member States through their respective contact points, will enable the Commission to ensure compliance with this Directive by hauliers and to define whether or not additional coercive measures should be developed.

Amendment 16

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a) The Commission should review Annex I to Directive 96/53/EC and report on its implementation, taking into account, inter alia, impacts on international competition, modal split, costs of infrastructure adaption and the environmental and safety objectives of the European Union as set in the 2011 White Paper on Transport.

Amendment 17

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) The Commission should be empowered to adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, to define the requirements imposed on new aerodynamic devices placed in the rear of the vehicle or the design of new motor vehicles, as well as the technical specifications to ensure full interoperability of onboard weighing devices, and guidelines on the procedures for checking the weight of vehicles in circulation. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, shall ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

(17) The Commission should be empowered to adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, to define the requirements imposed on new aerodynamic and underrun protective devices placed at the sides and in the rear of the vehicle or the design of new motor vehicles, with a view to reviewing European type-approval procedures as referred to in Directive 2007/46/EC within the framework of UNECE regulations, as well as the technical specifications to ensure full interoperability of onboard weighing devices, and guidelines on the procedures for checking the weight of vehicles in circulation. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The consultations should include the interested parties such as manufacturers, drivers, road safety associations, traffic authorities, and training centres. The Commission shall publish a report on the results of the consultation. The interested parties should be left sufficient time to comply with these requirements.

Amendment 18

Proposal for a directive

Article 1 – point 1

Directive 96/53/EC

Article 2 – subparagraph 1 – indent 15


Text proposed by the Commission	Amendment
– ‘hybrid propulsion vehicle’ means a vehicle within the meaning of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles¹⁰ , equipped with one or more traction motor(s) operated by electric power and not permanently connected to the grid and one or more traction motor(s) operated by internal combustion;	– ‘low carbon technology’ means technology which does not fully rely on fossil oil sources in the energy supply to transport and which significantly contribute to the decarbonisation of transport. The sources include:
	– electricity,
	– hydrogen,
	– synthetic fuels,
	– advanced Biofuels,
	– natural gas, including biomethane, in gaseous form (compressed natural gas – CNG) and liquefied form (liquefied natural gas – LNG), and
	– waste heat.
__________________
¹⁰ OJ L 263, 9.10.2007, p. 1.

Amendment 19

Proposal for a directive

Article 1 – point 1

Directive 96/53/EC

Article 2 – paragraph 1 – indent 14


Text proposed by the Commission	Amendment
– ‘electric vehicle’ means a vehicle within the meaning of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles¹¹ , equipped with one or more traction motor(s) operated by electric power and not permanently connected to the grid;	deleted
__________________
¹¹ OJ L 263, 9.10.2007, p. 1.

Amendment 20

Proposal for a directive

Article 1 – point 1

Directive 96/53/EC

Article 2 – subparagraph 1 – indent 16


Text proposed by the Commission	Amendment
– ‘intermodal transport unit’ means a unit belonging to one of the following categories: container, swap body, semi-trailer;	– ‘intermodal loading unit’ means a unit belonging to one of the following categories: container, swap body, semi-trailer;
	(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout)

Amendment 21

Proposal for a directive

Article 1 – point 2 – point a

Directive 96/53/EC

Article 4 – paragraph 1 – points (a) and (b)


Text proposed by the Commission	Amendment
(a) The word ‘national’ is deleted from points (a) and (b) of paragraph 1.	deleted

Amendment 22

Proposal for a directive

Article 1 – point 2 – point b

Directive 96/53/EC

Article 4 – paragraph 4 – subparagraph 2 – first sentence


Text proposed by the Commission	Amendment
(b) The first phrase of the second subparagraph of Article 4(4) is replaced by the following phrase:	deleted
‘Transport operations shall be considered to not significantly affect international competition in the transport sector if they take place on the territory of a Member State or, for a cross-border operation, between only two neighbouring Member States who have both adopted measures taken in application of this paragraph, and if one of the conditions under (a) and (b) is fulfilled:’

Amendment 23

Proposal for a directive

Article 1 – – point 6

Directive 96/53/EC

Article 8 – paragraph 1


Text proposed by the Commission	Amendment
1. With the aim of improving the aerodynamic performance of vehicles or combinations of vehicles, vehicles or combinations of vehicles equipped with devices that meet the criteria set out below may exceed the maximum lengths provided for in point 1.1 of Annex I. The only purpose of these exceedances is to allow the addition to the rear of vehicles or vehicle combinations of devices increasing their aerodynamic characteristics.	1. With the aim of improving the aerodynamic performance of vehicles or combinations of vehicles, vehicles or combinations of vehicles equipped with devices that meet the criteria set out below may exceed the maximum lengths provided for in point 1.1 of Annex I by up to 500 mm. The only purpose of these exceedances is to allow the addition to the rear of vehicles or vehicle combinations of devices increasing their aerodynamic characteristics.

Amendment 24

Proposal for a directive

Article 1 – point 6

Directive 96/53/EC

Article 8 – paragraph 2 – subparagraph 1 – indent 2 – point i


Text proposed by the Commission	Amendment
(i) secure attachment of the devices in such a way as to reduce their risk of their detachment over time	(i) secure attachment of the devices in such a way as to ensure that there is no risk of their detachment

Amendment 25

Proposal for a directive

Article 1 – point 6

Directive 96/53/EC

Article 8 – paragraph 2 – subparagraph 1 – indent 2 – point ii


Text proposed by the Commission	Amendment
(ii) day and night markings, effective even in poor weather conditions, that allows other road users to gauge the external bodywork of the vehicle,	(ii) day and night markings in accordance with type-approval rules on the installation of lighting and light-signalling devices, effective even in poor weather conditions, that allow other road users to gauge the external bodywork of the vehicle,

Amendment 26

Proposal for a directive

Article 1 – – point 6

Directive 96/53/EC

Article 8 – paragraph 2 – subparagraph 1 – indent 2 – point iv a (new)


Text proposed by the Commission	Amendment
	(iva) a design which does not reduce the driver’s visibility of the rear of the vehicle,

Amendment 27

Proposal for a directive

Article 1 – point 6

Directive 96/53/EC

Article 8 – paragraph 2 – subparagraph 1 – indent 3 – point iii


Text proposed by the Commission	Amendment
(iii) these devices can be easily folded, retracted or removed by the driver.	(iii) these devices can be easily folded, retracted or removed.

Amendment 28

Proposal for a directive

Article 1 – point 6

Directive 95/53/EC

Article 8 – paragraph 2 – subparagraph 2


Text proposed by the Commission	Amendment
The exceedances of maximum lengths do not increase the capacity of vehicles or combinations of vehicles.	The exceedances of maximum lengths do not increase the load capacity of vehicles or combinations of vehicles.

Amendment 29

Proposal for a directive

Article 1 – point 6

Directive 96/53/EC

Article 8 – paragraph 3


Text proposed by the Commission	Amendment
3. Before being put on the market, the additional aerodynamic devices and their installation on vehicles shall be authorised by the Member States, which shall issue a certificate to this effect, attesting compliance with the requirements mentioned in paragraph 2 above and indicating that the device contributes significantly to improving aerodynamic performance. The certificates of authorisation issued in one Member State shall be recognised by the other Member States.	3. Before being put on the market, the additional aerodynamic devices and their installation on vehicles shall be authorised by the Member States within the framework of Directive 2007/46/EC. Member States shall issue a certificate to this effect, attesting compliance with the requirements mentioned in paragraph 2 above and indicating that the device contributes significantly to improving aerodynamic performance. The certificates of authorisation issued in one Member State shall be recognised by the other Member States.

Amendment 30

Proposal for a directive

Article 1 – point 6

Directive 96/53/EC

Article 8 – paragraph 4


Text proposed by the Commission	Amendment
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 16, to complement the requirements referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3.	4. The Commission shall be empowered to adopt delegated acts in accordance with Article 16, to complement the requirements referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3. The delegated acts shall be, for the first time, adopted no later than 2 years after the publication of this Directive.

Amendment 31

Proposal for a directive

Article 1 – point 6

Directive 96/53/EC

Article 8 – paragraph 4 – subparagraph 2


Text proposed by the Commission	Amendment
	When exercising its power, the Commission shall ensure coherence with the Union's legal acts on type approval.

Amendment 32

Proposal for a directive

Article 1 – point 6

Directive 96/53/EC

Article 8 – paragraph 5


Text proposed by the Commission	Amendment
5. Pending the adoption of the delegated acts, the vehicles or combinations of vehicles equipped with aerodynamic devices to the rear, which meet the requirements referred to in paragraph 2 and were tested in accordance with paragraph 3 may circulate if their length exceeds the length laid down in Annex I, point 1.1 by no more than two metres. This transitional measure shall apply from the date of entry into force of this Directive.	deleted

Amendment 33

Proposal for a directive

Article 1 – point 7

Directive 96/53/EC

Article 9 – paragraph 1


Text proposed by the Commission	Amendment
1. In the aim of improving the aerodynamic performance and road safety of vehicles or combinations of vehicles, vehicles or combinations of vehicles that meet the criteria set out in paragraph 2 below may exceed the maximum lengths provided for in point 1.1 of Annex I. The main purpose of these exceedances is to allow the construction of tractor cabs improving the aerodynamic characteristics of vehicles or combinations of vehicles, and improving road safety.	1. In the aim of improving the aerodynamic performance and road safety of vehicles or combinations of vehicles, vehicles or combinations of vehicles that meet the criteria set out in paragraph 2 below may exceed the maximum lengths provided for in point 1.1 of Annex I. The main purpose of these exceedances is to allow the construction of tractor cabs improving the aerodynamic characteristics of vehicles or combinations of vehicles, and improving road safety for vulnerable road users and vehicles involved in rear-end collisions.

Amendment 34

Proposal for a directive

Article 1 – point 7

Directive 95/53/EC

Article 9 – paragraph 2 – subparagraph 1 – indent 2 – point i


Text proposed by the Commission	Amendment
(i) makes vulnerable road users more visible to the driver, in particular by reducing the blind spot under the front windscreen	(i) improves direct vision to make vulnerable road users more visible to the driver, in particular by reducing the blind spots under the front windscreen and all around the cab, and, where necessary, by fitting additional equipment, such as mirrors and camera systems,

Amendment 35

Proposal for a directive

Article 1 – point 7

Directive 95/53/EC

Article 9 – paragraph 2 – subparagraph 1 – indent 2 – point ii


Text proposed by the Commission	Amendment
(ii) reduces the damage in the event of a collision,	(ii) reduces the damage in the event of a collision with other vehicles and improves the energy absorption performance by fitting of an energy absorbing crash management system,

Amendment 36

Proposal for a directive

Article 1 – point 7

Directive 95/53/EC

Article 9 – paragraph 2 – subparagraph 1 – indent 2 – point ii a (new)


Text proposed by the Commission	Amendment
	(iia) improves pedestrian protection by adjusting the frontal design to minimise the risk of overruns in case of collisions with vulnerable road users by encouraging the sideways diversion of vulnerable users

Amendment 37

Proposal for a directive

Article 1 – point 7

Directive 96/53/EC

Article 9 – paragraph 2 – subparagraph 1 – indent 4


Text proposed by the Commission	Amendment
- the comfort and safety of the drivers.	- the comfort and safety of the drivers with a view to improving workplace conditions.

Amendment 38

Proposal for a directive

Article 1 – point 7

Directive 96/53/EC

Article 9 – paragraph 2 a (new)


Text proposed by the Commission	Amendment
	(2a) With the aim of improving the driver’s safety and comfort, and ultimately to ensure the improvement of road safety of the vehicles in the scope of this Directive, the safety and comfort requirements referred to in Article 9(2) to be met by the driver’s cabs are as follows:
	- compliance with the requirements set out in the Occupational Health and Safety Framework Directive 89/391/EEC, with its hierarchy of prevention measure for the elimination of sources of whole-body vibration and of musculoskeletal disorders;
	- the provision of the driver’s cab with safety features starting with a secure fire exit of the cab;
	- the increase in size of the driver’s cab to adapt to comfort and safety requirements for driver’s seats and couchettes taking into account emergency situations.

Amendment 39

Proposal for a directive

Article 1 – point 7

Directive 95/53/EC

Article 9 – paragraph 3


Text proposed by the Commission	Amendment
3. Before they are put on the market, the aerodynamic performance of new motor vehicle designs shall be tested by Member States, who will issue a certificate to this end. This will certify compliance with the requirements of paragraph 2 above. The test certificates issued in one Member State shall be recognised by the other Member States.	3. Before they are put on the market, the aerodynamic and safety performance of new motor vehicle designs shall be tested within the framework of Directive 2007/46/EC by Member States, who will issue a certificate to this end. This will certify compliance with the requirements of paragraph 2 above. The test of the aerodynamic performance of these vehicles shall be in line with the relevant rules for measurement of aerodynamic performance developed by the Commission. The test certificates issued in one Member State shall be recognised by the other Member States.

Amendment 40

Proposal for a directive

Article 1 – point 7

Directive 96/53/EC

Article 9 – paragraph 3 a (new)


Text proposed by the Commission	Amendment
	3a New N2 and N3 vehicles and combination of vehicles shall use cabs that comply with the safety requirements referred to in Article 9(2) from [seven years from the entry into force of this Directive].

Amendment 41

Proposal for a directive

Article 1 – point 7

Directive 96/53/EC

Article 9 – paragraph 4


Text proposed by the Commission	Amendment
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 16, to complement the requirements which the new tractor cabs must meet, and which are referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3.	4. The Commission shall be empowered to adopt delegated acts in accordance with Article 16 and in line with the existing UN ECE regulations to complement the requirements which the new tractor cabs must meet, and which are referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of safety and aerodynamic performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3. The delegated acts shall be, for the first time, adopted no later than 2 years after the publication of this Directive.

Amendment 42

Proposal for a directive

Article 1 – point 9

Directive 96/53/EC

Article 10a – paragraph 1


Text proposed by the Commission	Amendment
The maximum weights of vehicles with hybrid propulsion or fully electric propulsion shall be those set out in Annex I, point 2.3.1.	The maximum weights of vehicles equipped with low carbon technologies shall be those set out in Annex I, point 2.3.4.

Amendment 43

Proposal for a directive

Article 1 – point 9

Directive 96/53/EC

Article 10a – paragraph 2


Text proposed by the Commission	Amendment
The vehicles with hybrid or electric propulsion must however comply with the limits set out in Annex I point 3: maximum authorized axle weight.	The vehicles equipped with low-carbon technologies must however comply with the limits set out in Annex I point 3: maximum authorized axle weight.

Amendment 44

Proposal for a directive

Article 1 – point 10

Directive 95/53/EC

Article 11 – paragraph 1


Text proposed by the Commission	Amendment
The maximum dimensions laid down in Annex I points 1.1 and 1.6 may be exceeded by 15 cm for vehicles or combinations of vehicles engaged in the transport of 45-foot containers or swap bodies, if the road transport of the container or swap body is part of an intermodal transport operation.	The maximum dimensions laid down in Annex I points 1.1 and 1.6 may be exceeded by 15 cm for vehicles or combinations of vehicles engaged in the transport of 45-foot containers or swap bodies, if the road transport of the container or swap body is part of a combined transport operation.

Amendment 45

Proposal for a directive

Article 1 – point 10

Directive 95/53/EC

Article 11 – paragraph 2


Text proposed by the Commission	Amendment
For the purposes of this Article, and of point 2.2.2(c) of Annex I, an intermodal transport operation shall include at least rail, river or sea transport at least. It shall also include a road section for its initial and/or terminal journey. Each of these road sections shall be less than 300 km in the territory of the European Union or just as far as the closest terminals between which there is a regular service. A transport operation shall also be regarded as intermodal transport if it uses intra-European short sea shipping, regardless of the lengths of the initial and terminal road journeys. The initial road journey and the terminal road journey for an operation using intra-European short sea shipping takes place from the point where the goods are loaded to the nearest appropriate seaport for the initial leg, and/or where appropriate between the nearest appropriate seaport and the point where the goods are unloaded for the final leg.	By 2017, the Commission shall, if appropriate, make a legislative proposal to amend Directive 92/106/EEC and, in particular, the existing definition of combined transport, in order to take into account the development of containerisation and in view of facilitating the development of efficient intermodal transport.

Amendment 46

Proposal for a directive

Article 1 – point 11

Directive 96/53/EC

Article 12 – paragraph 1


Text proposed by the Commission	Amendment
1. The Member States shall establish a system for pre-selecting and targeting checks on vehicles or combinations of vehicles in circulation, in order to ensure compliance with the requirements of this Directive.	1. The Member States shall establish a system for pre-selecting, targeting and carrying out checks on vehicles or combinations of vehicles in circulation, in order to ensure compliance with the requirements of this Directive.

Amendment 47

Proposal for a directive

Article 1 – point 11

Directive 96/53/EC

Article 12 – paragraph 1 – subparagraph 2 (new)


Text proposed by the Commission	Amendment
	Member States shall ensure that the information concerning the number and severity of any infringements of this Directive that an individual undertaking has committed is introduced into the risk rating system established under Article 9 of Directive 2006/22/EC.

Amendment 48

Proposal for a directive

Article 1 – point 11

Directive 96/53/EC

Article 12 – paragraph 1 – subparagraph 3


Text proposed by the Commission	Amendment
	When identifying vehicles to be subject to checks, Members States may select as a priority vehicles operated by undertakings with a high-risk profile as referred to in Directive 2006/22/EC. Vehicles may also be selected randomly for checks.

Amendment 49

Proposal for a directive

Article 1 – – point 11

Directive 96/53/EC

Article 12 – paragraph 2


Text proposed by the Commission	Amendment
2. After the expiry of a period of two years from the date of entry into force of this Directive, Member States shall measure the weight of vehicles or combination of vehicles in circulation. The purpose of these pre-selection measures is to identify vehicles that are likely to have committed an offence and that should be checked manually. These measures may be taken with the aid of automatic systems set up on the infrastructure, or onboard systems installed in vehicles in line with paragraph 6 below. The automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights. As these automatic systems are only to be used for pre-selection purposes, and not to define an offence, they do not have to be certified by the Member States.	2. After the expiry of a period of two years from the date of entry into force of this Directive, Member States shall measure the weight of vehicles or combination of vehicles in circulation. The purpose of these pre-selection measures is to increase the efficiency of the checks and identify vehicles that are likely to have committed an offence and that should be checked manually. These measures may be taken with the aid of automatic systems set up on the infrastructure, or onboard systems installed in vehicles in line with paragraph 6 below. The automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights. As these automatic systems are only to be used for pre-selection purposes, and not to define an offence, they do not have to be certified by the Member States. The onboard systems may be integrated with digital tachographs installed in vehicles in line with Regulation EU 2014/... (Regulation on recording equipment in road vehicles).

Amendment 50

Proposal for a directive

Article 1 – point 11

Directive 95/53/EC

Article 12 – paragraph 6


Text proposed by the Commission	Amendment
6. In accordance with paragraph 1, Member States shall encourage the equipment of vehicles and vehicle combinations with onboard weighing devices (total weight and axle load) to enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods. This communication shall be through the interface defined by the CEN DSRC¹³ standards EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906.	6. In accordance with paragraph 1, new N2 and N3 vehicles and vehicle combinations shall be fitted with onboard weighing systems (total weight and axle load) that enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods from [five years from the entry into force of this Directive]. This communication shall be through the interface defined by the CEN DSRC¹³ standards EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906. The information shall also be accessible for the driver.
__________________	__________________
¹³ DSRC: Dedicated Short-Range Communications	¹³ DSRC: Dedicated Short-Range Communications

Amendment 51

Proposal for a directive

Article 1 – point 11

Directive 96/53/EC

Article 12 – paragraph 7 – indent 2 a (new)


Text proposed by the Commission	Amendment
	– the common procedures and specifications to achieve a sufficient level of reliability that allows the onboard systems to be used for the enforcement of the provisions of this Directive, in particular of Article 13.

Amendment 52

Proposal for a directive

Article 1 – point 11

Directive 96/53/EC

Article 12 – paragraph 7 a (new)


Text proposed by the Commission	Amendment

	7a. The Commission shall assess whether the onboard systems, when interconnected to the digital tachograph, can be useful to enforce other road transport legislation. The Commission shall, if appropriate, come forward with legislative proposals.

Amendment 53

Proposal for a directive

Article 1 – point 12

Directive 96/53/EC

Article 13 – paragraph 2


Text proposed by the Commission	Amendment
2. An overload of less than 5 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for this type of penalty;	2. An overload of less than 2 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for this type of penalty.

Amendment 54

Proposal for a directive

Article 1 – point 12

Directive 96/53/EC

Article 13 – paragraph 3


Text proposed by the Commission	Amendment
3. An overload of between 5 and 10 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered as a minor offence within the meaning of this Directive, and shall give rise to a financial penalty. The inspection authorities may also immobilise the vehicle for unloading until it reaches the maximum authorised weight;	3. An overload of between 2 % and 10 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered as a minor offence within the meaning of this Directive, and shall give rise to a penalty. The inspection authorities may also immobilise the vehicle for unloading until it reaches the maximum authorised weight.

Amendment 55

Proposal for a directive

Article 1 – point 12

Directive 96/53/EC

Article 13 – paragraph 4


Text proposed by the Commission	Amendment
4. An overload of between 10 and 20 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a serious infringement within the meaning of this Directive. It shall give rise to a financial penalty and the immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight,	4. An overload of between 10 and 15 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a serious infringement within the meaning of this Directive. It shall give rise to a penalty and the immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight,

Amendment 56

Proposal for a directive

Article 1 – point 12

Directive 96/53/EC

Article 13 – paragraph 5


Text proposed by the Commission	Amendment
5. An overload of more than 20 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. This shall give rise to an immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight, and to a financial penalty. The procedure leading to the loss of good repute of the transport company shall be implemented in accordance with Article 6 of Regulation (EC) No 1071/2009¹⁴.	5. An overload of more than 15 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. This shall give rise to an immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight, and to a penalty.
__________________
¹⁴ OJ L 300, 14.11.2009, p. 51.

Amendment 57

Proposal for a directive

Article 1 – point 12

Directive 96/53/EC

Article 13 – paragraph 6


Text proposed by the Commission	Amendment
6. An excess length or excess width of less than 2% of the maximum dimensions indicated in point 1of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for such a penalty.	6. An excess length, height or width of less than 1 % of the maximum dimensions indicated in point 1of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for such a penalty.

Amendment 58

Proposal for a directive

Article 1 – point 12

Directive 96/53/EC

Article 13 – paragraph 7


Text proposed by the Commission	Amendment
7. An excess length or excess width of between 2 and 20% of the maximum dimensions indicated in point 1 of Annex 1, either of the load on board or of the vehicle itself, shall give rise a financial penalty. The inspection authorities shall immobilise the vehicle until its unloading if the excess length or excess width comes from the load or until the transport company obtains a special permit in accordance with Article 4(3);	7. An excess length, height or width of between 1 and 10% of the maximum dimensions indicated in point 1 of Annex 1, either of the load on board or of the vehicle itself, shall give rise a penalty for the haulier. The inspection authorities shall immobilise the vehicle until its unloading if the excess length or excess width comes from the load or until the transport company obtains a special permit in accordance with Article 4(3);

Amendment 59

Proposal for a directive

Article 1 – point 12

Directive 96/53/EC

Article 13 – paragraph 8


Text proposed by the Commission	Amendment
8. An excess length or excess width of the load or of the vehicle of more than 20% of the maximum dimensions indicated in point 1 of Annex 1 shall be considered as a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. It shall give rise to a financial penalty and to the immediate immobilisation of the vehicle by the inspection authorities, until its unloading or until the transport company obtains a special permit in accordance with Article 4(3), if the excess length or excess width comes from the load. The procedure leading to the loss of good repute of the transport company shall be implemented in accordance with Article 6 of Regulation (EC) No 1071/2009.	8. An excess length, height or width of the load or of the vehicle of more than 10% of the maximum dimensions indicated in point 1 of Annex 1 shall be considered as a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. It shall give rise to a penalty for the haulier and to the immediate immobilisation of the vehicle by the inspection authorities, until its unloading or until the transport company obtains a special permit in accordance with Article 4(3), if the excess length or excess width comes from the load.

Amendment 60

Proposal for a directive

Article 1 – point 13

Directive 95/53/EC

Article 14 – paragraph 1


Text proposed by the Commission	Amendment
For the transport of containers, the shipper shall give the road haulier to whom it entrusts the transport of a container a statement indicating the weight of the container moved. If this information is missing or incorrect, the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded.	For the transport of containers, the shipper shall give the road haulier to whom it entrusts the transport of a container, in advance of loading, a written statement indicating the gross weight of the container moved. That statement can also be submitted by electronic means. Irrespective of its form, the document declaring the gross weight of the container shall be signed by a person duly authorised by the shipper. If the information on the gross weight of the container is missing or incorrect, the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded.

Amendment 61

Proposal for a directive

Article 1 – point 13

Directive 95/53/EC

Article 14 – paragraph 2


Text proposed by the Commission	Amendment
	In intermodal transport operations, the information on the gross weight of a packed container shall be provided to the next party taking custody of the container.

Amendment 62

Proposal for a directive

Article 1 – point 15

Directive 96/53/EC

Article 16 – paragraph 2


Text proposed by the Commission	Amendment
2. The power to adopt delegated acts referred to in Article 8(4), Article 9(5) and Article 12(7) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Directive]	2. The power to adopt delegated acts referred to in Article 8(4), Article 9(5) and Article 12(7) 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 63

Proposal for a directive

Article 1 – point 15 a (new)

Directive 96/53/EC

Article 16 a (new)


Text proposed by the Commission	Amendment
	(15a) The following Article shall be added:
	Article 16a
	Reporting
	By 2016, the Commission shall review Annex I to Directive 96/53/EC and submit a report on its implementation to the European Parliament and the Council. On the basis of this report, the Commission, shall, if appropriate, make a legislative proposal duly accompanied by an impact assessment. The report shall be made available at least 6 months prior to any legislative proposal.

Amendment 64

Proposal for a directive

Article 1 – point 15 b (new)

Directive 96/53/EC

Article 16 b (new)


Text proposed by the Commission	Amendment
	(15b) The following Article shall be added:
	Article 16b
	By 01.01.2016 the Commission shall complete a review of this Directive and, if appropriate, on the basis of such a review and its impact assessment, shall submit a proposal to the European Parliament and to the Council by 01.01.2017, to mandate the safety requirements laid down in Article 9(2) for all new M2 and M3 vehicles.

Amendment 65

Proposal for a directive

Article 1 – point 16 – point -a (new)

Directive 96/53/EC

Annex I – point 1.1 – indent 8 a (new)


Text proposed by the Commission	Amendment
	(-a) The following indent shall be added to point 1.1:
	- ‘loaded vehicle transporters: 20,75m’

Amendment 66

Proposal for a directive

Article 1 – point 16 – point a a (new)

Directive 96/53/EC

Annex I – point 1.4


Present text	Amendment
	(aa) Point 1.4 is replaced by the following:
1.4 Removable superstructures and standardized freight items such as containers are included in the dimensions specified in points 1.1, 1.2, 1.3, 1.6, 1.7, 1.8 and 4.4	1.4 Removable superstructures and standardized freight items such as containers are included in the dimensions specified in points 1.1, 1.2, 1.3, 1.6, 1.7, 1.8 and 4.4. Due to the indivisible nature of finished vehicles such as new cars loaded upon specialised transporters, such loaded transporters may exceed the dimensions in point 1.1 to the extent that national regulations and infrastructure conditions allow it and as long as these vehicle transporters when empty comply in full with the abovementioned points.

Amendment 67

Proposal for a directive

Article 1 – point 16 – point c

Directive 96/53/EC

Annex I – point 2.3.1 – indent 2


Text proposed by the Commission	Amendment
'two-axle motor vehicles other than buses, and with hybrid or electric propulsion: 19 tonnes'	deleted

Amendment 68

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point c

Directive 96/53/EC

Annex I – point 2.3.1 – indent 2


Text proposed by the Commission	Amendment
'two-axle buses: 19 tonnes'	'two-axle buses: 19.5 tonnes'

Amendment 69

Proposal for a directive

Article 1 – point 16 – point c a (new)

Directive 96/53/EC

Annex I – point 2.3.4 (new)


Text proposed by the Commission	Amendment
	(ca) The following point shall be added:
	2.3.4 Vehicles equipped with low carbon technology:
	The maximum weight is that mentioned in point 2.3.1, 2.3.2, 2.3.3 or 2.4 increased by the additional weight required for the low carbon technology, with a maximum of 1 tonne. That additional weight shall be indicated in the official registration documents of the motor vehicle issued by the Member State where the vehicle is registered. In cases where this information is missing, the values mentioned in points 2.3.1., 2.3.2, 2.3.3 or 2.4 shall apply.

[1] OJ C 327, 12.11.2013, p. 133.

PROCEDURE

Title	Maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic for certain road vehicles circulating within the Community
References	COM(2013)0195 – C7-0102/2013 – 2013/0105(COD)
Date submitted to Parliament	15.4.2013
Committee responsible Date announced in plenary	TRAN 18.4.2013
Committee(s) asked for opinion(s) Date announced in plenary	ENVI 18.4.2013	ITRE 18.4.2013	IMCO 18.4.2013
Not delivering opinions Date of decision	ENVI 7.5.2013	ITRE 24.4.2013	IMCO 29.5.2013
Rapporteur(s) Date appointed	Jörg Leichtfried 14.5.2013
Discussed in committee	17.9.2013	5.11.2013	21.1.2014
Date adopted	18.3.2014
Result of final vote	+: –: 0:	35 4 2
Members present for the final vote	Magdi Cristiano Allam, Georges Bach, Izaskun Bilbao Barandica, Philip Bradbourn, Antonio Cancian, Michael Cramer, Joseph Cuschieri, Philippe De Backer, Luis de Grandes Pascual, Saïd El Khadraoui, Ismail Ertug, Knut Fleckenstein, Jacqueline Foster, Mathieu Grosch, Dieter-Lebrecht Koch, Werner Kuhn, Jörg Leichtfried, Eva Lichtenberger, Marian-Jean Marinescu, Gesine Meissner, Mike Nattrass, Hubert Pirker, Dominique Riquet, Petri Sarvamaa, Vilja Savisaar-Toomast, Olga Sehnalová, Brian Simpson, Keith Taylor, Silvia-Adriana Ţicău, Peter van Dalen, Patricia van der Kammen, Roberts Zīle
Substitute(s) present for the final vote	Phil Bennion, Spyros Danellis, Bogdan Kazimierz Marcinkiewicz, Anna Rosbach, Bernadette Vergnaud, Sabine Wils, Corien Wortmann-Kool, Janusz Władysław Zemke
Substitute(s) under Rule 187(2) present for the final vote	Marita Ulvskog
Date tabled	27.3.2014

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