COUNCIL OFBrussels, 16 April 2007
THE EUROPEAN UNIONPUBLIC
8424/07
LIMITE
Interinstitutional File:
2006/0183 (COD)
TRANS 112 CODEC 344
REPORT from :
General Secretariat
to : COREPER
No. prev. doc.: 8267/07 TRANS 109 CODEC 333
No. Cion prop. : 13869/06 TRANS 259 CODEC 1096 Subject :
Proposal for a Directive of the European Parliament and of the Council on the retrofitting of mirrors to heavy goods vehicles registered in the Community (LA) (First reading)
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Presidency briefing on the outcome of the informal trilogue
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-Preparation for the next informal trilogue
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2.From the outset of the meeting, the representatives of the TRAN Committee made it clear that
amendment 20 - which aims at setting 30 June 2008 as the final date for the transposition and
implementation of the draft Directive - is considered the core issue of their negotiations with
the Council. The representatives of the TRAN Committee argued that the sector needed a
clear date in order to prepare itself for the retrofitting measure and that - in order to meet the
main objectives of this new instrument, namely to reduce the number of "blind spot" accidents
and therefore to save as many lives as possible - the transposition and implementation periods
should be kept as short as possible. Council in its General Approach foresees that the Member
States will have 3 years, following the entry into force of the Directive, to comply with its
provisions.
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3.However, in a spirit of an overall compromise, the representatives of TRAN Committee
indicated the possibility to extend the deadline for compliance with the provisions contained
in the new legislative instrument to 31 December 2008. If the Council were able to accept
this date, the representatives of the TRAN Committee could envisage some flexibility
concerning the other outstanding points of discussion. This concerns especially amendment
25, the inclusion of an article obliging the Member States to carry out awareness raising
campaign concerning blind spot accidents, to which the TRAN Committee attaches special
importance and which will only be withdrawn if the Council agrees to the compromise date of
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5.COREPER is, therefore, invited:
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-to approve the new compromise texts for amendments 11, 23 and 28 as elaborated by
the drafting committee and reflected on pp. 14, 26 and 32 in the annex to this document
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-to discuss the remaining political issue (transposition/implementation period
with a view to reaching an agreement with the European Parliament during the second
informal trialogue on 19 April 2007.
ANNEX
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Amendment 1
Recital 3 a (new)
(3a) Devices of indirect vision, such as wide angle and close proximity mirrors, cameras, monitors, or other systems, improve the field of vision of the driver and increase the safety features of vehicles. (3a) Devices of indirect vision, such as wide angle and close proximity mirrors, cameras, monitors, or other type-approved systems of indirect vision, improve the field of vision of the driver and increase the safety features of vehicles.
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Amendment 2
Recital 6
(6) In order to help reduce road fatalities caused by those vehicles and involving vulnerable road users, it is appropriate, in the meantime, to provide that the vehicles concerned be retrofitted with improved devices for indirect vision. (6) In order to help reduce road fatalities caused by those vehicles and involving vulnerable road users, it is appropriate, in the meantime, to provide that the vehicles concerned be retrofitted with improved devices for indirect vision. (6) In order to help reduce fatal and non-fatal road injuries caused by those vehicles and involving vulnerable road users, it is appropriate, in the meantime, to provide that the vehicles concerned be retrofitted with improved devices for indirect vision. In order to help reduce fatal and severe accidents caused by those vehicles and involving vulnerable road users, it is appropriate, in the meantime, to provide that the vehicles concerned be retrofitted with improved devices for indirect vision.
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Amendment 3
Recital 8
(8) It is however appropriate and proportionate to provide exemptions for vehicles whose remaining lifespan is short, vehicles which are equipped with lateral mirrors whose field of vision covers only marginally less than the fields of vision laid down in Directive 2003/97/EC, and vehicles which it is technically impossible to equip with mirrors complying with that Directive. (8) It is however appropriate and proportionate to provide exemptions for vehicles whose remaining lifespan is short, vehicles which are equipped with lateral mirrors whose field of vision covers only marginally less than the fields of vision laid down in Directive 2003/97/EC, and vehicles where equipment with mirrors complying with that Directive is economically not viable. (8) It is however appropriate and proportionate to provide exemptions and derogations for vehicles whose remaining lifespan is short, vehicles which are equipped with lateral mirrors whose field of vision covers only marginally less than the fields of vision laid down in Directive 2003/97/EC, and vehicles which it is not technically possible to equip at a reasonable cost with mirrors complying with that Directive. (8) It is however appropriate and proportionate to provide exemptions and derogations for vehicles whose remaining lifespan is short, vehicles which are equipped with lateral mirrors whose field of vision covers only marginally less than the fields of vision laid down in Directive 2003/97/EC, and vehicles where equipment with mirrors complying with that Directive is economically not viable.
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Amendment 4
Recital 8 a (new)
(8bis)Vehicles in categories N
2 and (8a) Vehicles in categories 2 and (8a) Vehicles in categories N2 and
N3 which were originally registered and/or have been type- approved and/or put into service before the date mentioned in Article 2, paragraph 2, point (a) and which are operated mainly for their historical interest should not be affected by the rules and procedures contained in this Directive.
N
3 which were originally registered 3 which were originally
more than 10 years before the date of transposition of this Directive and which are operated mainly for their historical interest should not be affected by the rules and procedures contained in this Directive. registered and/or have been type- approved and/or put into service more than 10 years before the date of transposition of this Directive and which are operated mainly for their historical interest should not be affected by the rules and procedures contained in this Directive.
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Amendment 5
Recital 8 b (new)
(9) For the proportion of trucks which cannot fully comply with the requirements of this Directive because of technical reasons, the relevant authorities should allow for and approve alternative solutions. In such cases Member States are requested to communicate lists of permitted and approved technical solutions to the Commission who will in turn make them available to all Member States. (8b) For the proportion of trucks which cannot fully comply with the requirements of this Directive for technical and/or economic reasons, the relevant authorities should allow for and approve alternative solutions. In such cases Member States shall communicate lists of permitted and approved technical solutions, including best practices on aspects of the retrofitting exercise to the Commission, who should in turn make them available to all Member States. (8b) For the proportion of trucks which cannot fully comply with the requirements of this Directive for technical and/or economic reasons, the relevant authorities should allow for and approve alternative solutions. In such cases Member States should communicate lists of permitted and approved technical solutions, [...] to the Commission, who should in turn make them available to all Member States.
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Amendment 6
Recital 9
(9) In order to let the market cope with a very high demand for mirrors in a very short period of time transitional periods should be provided for. (10) In order to let the market cope with a very high demand for mirrors in a very short period of time transitional periods should be provided for. (9) In order to let the market cope with a high demand for mirrors in a short period of time a transitional period should be provided for. AM accepted
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Amendment 7
Recital 10
(10) Heavy goods vehicles retrofitted before entry into force of Directive 2003/97/EC with devices of indirect vision which largely cover the field of vision required in that directive should be exempted from the requirements of this legislation. (11) Heavy goods vehicles retrofitted before the dates of transposition of Directive 2003/97/EC with devices of indirect vision which largely cover the field of vision required in that Directive should be exempted from the requirements of this legislation. (10) Heavy goods vehicles retrofitted before the dates of transposition of Directive 2003/97/EC with devices of indirect vision which largely cover the field of vision required in that Directive should be exempted from the requirements of this legislation. Identical texts
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Amendment 8
Recital 10 a (new)
(10a) For the sake of clarity, where reference is made to the field of vision of mirrors and others devices for indirect vision fitted to vehicles covering only marginally less than the field of vision provided for in Directive 2003/97/EC, the remaining requirements and flexibility set out in Annex III of that Directive concerning the field of vision and the fitting of mirrors and others devices for indirect vision to vehicles should be applied. GA text approved
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Amendment 9
Recital 11
(11) The retrofitting exercise should be accompanied by measures designed to raise awareness of the dangers linked to the existence of blind spots of heavy goods vehicles. (12) The retrofitting exercise should be accompanied by measures designed to raise awareness of the dangers linked to the existence of blind spots of heavy goods vehicles. (11) The retrofitting exercise should be accompanied by appropriate measures designed to raise awareness of the dangers linked to the existence of blind spots of heavy goods vehicles, including awareness campaigns for vulnerable users, such as cyclists, motorcyclists and pedestrians as well as for the correct adjustment and use of indirect vision devices . (11) The retrofitting exercise should be accompanied by appropriate measures designed to raise awareness of the dangers linked to the existence of blind spots of heavy goods vehicles, including information efforts directed towards vulnerable road users, [...] as well as for the correct adjustment and use of indirect vision devices.
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Amendment 10
Recital 11 a (new)
(11a) Types of vehicles other than those covered by this Directive, such as light good vehicles and buses, which are not equipped with improved devices for indirect vision are often involved in "blind spot" accidents, and there is therefore a need for Community legislation on active and passive safety requirements to be continuously reviewed with a view to improving and promoting road safety. (11a) Types of vehicles other than those covered by this Directive, such as light good vehicles and buses, which are not equipped with improved devices for indirect vision are also involved in "blind spot" accidents. [...] Therefore [...] Community legislation on active and passive safety requirements should be continuously reviewed with a view to improving and promoting road safety.
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Amendment 11
Recital 11 b (new)
(11b) In order to have a more comprehensive analysis and a future strategy on reducing "blind spot" accidents, the Commission, under the framework of Council Decision 93/704/EC of 30
AM accepted
ovember 1993 on the creation of
a Community database on road accidents
1 and other relevant
Community acts , such as the Community statistical programme (Decision o 2367/2002/EC
of 16
December 2002 of the European Parliament and of the Council
2),
should gather relevant data from Member States and proceed to the appropriate processing of such data. _____________________
1 OJ L 329, 30.12.1993, p. 63. Directive as
last amended by Regulation (EC) o 1882/2003, (OJ L 284, 31.10.2003, p. 1).
2 OJ L 358, 31.12.2002, p. 1-27, Decision
as last amended by Decision (EC) o 787/2004 (OJ L 138, 30.04.2004, p. 12).
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Amendment 12
Recital 11 c (new)
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13)Directive 96/96/EC stipulates periodic roadworthiness tests for motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg, at least on a yearly basis. Heavy goods vehicles must, among others, be fitted with rear-view mirrors complying with the requirements of this Directive in order to pass the roadworthiness test. Roadworthiness certificates delivered by the Member State for vehicles registered on their territory are mutually recognised to the end of the vehicles' free circulation on Member States' roads. (11c) Directive 96/96/EC stipulates that periodic roadworthiness tests must be carried out for motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3500 kg, at least on a yearly basis. Heavy goods vehicles must, among others, be fitted with rear-view mirrors complying with the requirements of this Directive in order to pass the roadworthiness test. Identical texts
Roadworthiness certificates delivered by the Member State for vehicles registered on their territory are mutually recognised to the end of the vehicles' free circulation on Member States' roads.
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Amendment 13
Recital 12 a (new)
(15) In accordance with paragraph 34 of the Inter-institutional Agreement on better law-making, Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between this Directive and their transposition measures, and to make those tables public. (12a) In accordance with paragraph 34 of the Inter- institutional Agreement on better law-makingIdentical texts
1, Member States are
encouraged to draw up, for themselves and in the interests of the Community, their own tables, which should, as far as possible, illustrate the correlation between this Directive and their transposition measures, and to make those tables public.
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Amendment 14
Article 2, paragraph 1
This Directive shall apply to vehicles of categories N2 and N3 as referred to in point 2 of Annex II to Directive 70/156/EC which are not covered by Directive 2003/97/EC. 1. This Directive shall apply to vehicles of categories N1. This Directive shall apply to vehicles of categories N2 and N3 as referred to in point 2 of Annex II to Directive 70/156/EC which are not type-approved or approved as a single vehicle under Directive 2003/97/EC. Identical texts
2 and N
3 as
referred to in point 2 of Annex II to Directive 70/156/EC which are not type-approved or approved as a single vehicle under Directive 2003/97/EC.
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Amendment 15
Article 2, paragraph 2, point (a)
(a) Vehicles of categories N2 and
N3 registered more than 10 years before the date set out in Article 7; (a) Vehicles of categories N
2 and (a) Vehicles of categories N
N2 and Identical texts
3 registered before 1 January N
2000. 3 registered before 1 January
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Amendment 16
Article 2, paragraph 2, point (b)
(b) Vehicles of categories N2 and (b) Vehicles of category N
3 where it is impossible to mount 2, having (b) Vehicles of category N2, having a maximum total permissible mass not exceeding 7.5 tons, where it is impossible to mount aclass V mirror in a way that ensures that the following conditions are fulfilled: Identical texts
a maximum total permissible mass not exceeding 7,5 tons, where it is impossible to mount a class V mirror in a way that ensures that the following conditions are fulfilled:
class IV and class V mirrors in a way that ensures that the following conditions are fulfilled:
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Amendment 17
Article 2, paragraph 2, point (b), point (i)
(i) no parts of the mirrors are less than 2m (±10 cm) from the ground, regardless of the adjustment position, when the vehicle is under a load corresponding to its maximum technically permissible weight; (i) no part of the mirror is less than 2 m (+10 cm) from the ground, regardless of the adjustment position, when the vehicle is under a load corresponding to its maximum technically permissible weight, and (i) no part of the mirror is less than 2m (+10 cm) from the ground, regardless of the adjustment position, when the vehicle is under a load corresponding to its maximum technically permissible weight, and Identical texts
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Amendment 18
Article 2, paragraph 2, point (b), point (ii)
(ii) the mirrors are fully visible from the driving position. (ii) the mirror is fully visible from the driving position. (ii) the mirror is fully visible from the driving position. Identical texts
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Amendment 19
Article 2, paragraph 2, point (c)
(c) Vehicles of categories N2 and
N3 that were subject, prior to the entry into force of Directive 2003/97/EC, to national measures requiring fitment of other means of indirect vision covering not less than 95% of the total field of vision at ground level of the class IV and the class V mirror under that Directive. (c) Vehicles of categories N2 and
N3 that are subject to national measures that entered into force prior to the dates of transposition of Directive 2003/97/EC, requiring fitment, on the passenger's side, of other means of indirect vision covering not less than 95% of the total field of vision at ground level of the class IV and the class V mirror under that Directive. (c) Vehicles of categories N2 and
N3 that are subject to national measures that entered into force prior to the dates of transposition of Directive 2003/97/EC, requiring fitment, on the passenger's side, of other means of indirect vision covering not less than 95% of the total field of vision at ground level of the class IV and the class V mirror under that Directive. Identical texts
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Amendment 20
Article 3, paragraph 1
With effect from the date set out in Article 7 Member States shall ensure that all vehicles referred to in Article 2(1) are equipped, on the passenger's side, with close proximity and large angle mirrors which fulfil the requirements for class IV and class V mirrors under Directive 2003/97/EC respectively. Article 3 a 1.With effect from the date set out in Article 7 and not later than 30 June 2008 Member States shall ensure that all vehicles referred to in Article 2 are equipped, on the passenger's side, with wide angle and close proximity mirrors which fulfil the requirements for class IV and class V mirrors under Directive 2003/97/EC respectively. GA maintanined (see p. 2 of this document)
(1) Member States shall ensure that all vehicles referred to in Article 2 are equipped, on the passenger's side, with wide angle and close proximity mirrors which fulfil the requirements for class IV and class
V mirrors under Directive 2003/97/EC respectively.
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Amendment 21
Article 3, paragraph 2
By way of derogation from the first paragraph compliance with the requirements of this Directive shall be deemed to be achieved where vehicles are equipped with mirrors, whose combination of field of vision covers not less than 99% of the total field of vision at ground level of the class IV and the class V mirror under Directive 2003/97/EC. (2) By way of derogation from the first paragraph compliance with the requirements of this Directive shall be deemed to be achieved where vehicles are equipped, on the passenger's side, with wide angle and close proximity mirrors, whose combination of fields of vision covers not less than 95% of the total field of vision at ground level of the class IV and the class V mirrors and not less than 85% of the field of vision at ground level of a class V mirror under Directive 2003/97/EC. 2.By way of derogation from the first paragraph compliance with the requirements of this Directive shall be deemed to be achieved where vehicles are equipped, on the passenger's side, with wide angle and close proximity mirrors, whose combination of fields of vision covers not less than 95% of the field of vision at ground level of the class IV mirror and not less than 85% of the field of vision at ground level of a class V mirror under Directive 2003/97/EC. AM accepted
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Amendment 22
Article 3, paragraph 2 a (new)
Article 3 a, paragraph 2 a
2a.The vehicles referred to in Article 2 which, by reason of the lack of available, economically viable, technical solutions, cannot be equipped with mirrors which comply with the requirements set out in paragraph (1) or (2) of this Article, may be equipped with supplementary mirrors and/or other devices of indirect vision, provided that the combination of such devices covers not less than 95% of the field of vision at ground level of the class IV mirror and not less than 85% of the field of vision at ground level of a class
V mirror under Directive 2003/97/EC. AM accepted
(3) Vehicles referred to in Article 2 which, by reason of the lack of available, economically viable, technical solutions, cannot be equipped with mirrors which comply with Articles 3a(1) or (2) of this Directive, may be equipped with supplementary mirrors and/or other devices of indirect vision, provided that the combination of such devices covers not less than 95% of the total field of vision at ground level of the class IV and the class V mirrors and not less than 85% of the field of vision at ground level of a class V mirror under Directive 2003/97/EC.
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Amendment 23
Article 3, paragraph 2 b (new)
Article 3 a, paragraph 3 2b.Member States shall communicate a list of technical solutions, including best practices on aspects of the retrofitting exercise, complying with this Article to the Commission. The Commission shall make the information notified publicly available through publication in the Official Journal of the European Union and through any other appropriate means to all Member States. 2b.Member States shall communicate a list of technical solutions [...] complying with this Article to the Commission. The Commission shall make the information notified publicly available through [...] the Commission website or any other appropriate means to all Member States.
Member States shall communicate a list of technical solutions compliant with this Article to the Commission. The Commission shall make those lists available to all Member States.
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Amendment 24
Article 3 a (new)
Article 3b Article 3a Identical texts
Compliance with the requirements set out in Article 3a(1), (2) and (3)
is established by the proof issued by a Member State according to Article 3 of 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. 1. Compliance with the requirements set out in paragraphs (1), (2) and (2a) of Article 3 is established by the proof issued by a Member State according to Article 3 of 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.
The Commission, assisted by the Committees mentioned in Article 8 of Council Directive 96/96/EC and Article 13(1) of Council Directive 70/156/EEC, within their respective remits, shall take the appropriate measures to ensure that the equipment mentioned in Article 3a is installed and tested for its compliance and roadworthiness in accordance with the requirements
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of the present Directive. These measures shall be taken not later than the date mentioned in Article 5. its compliance and roadworthiness
in accordance with the requirements of thisDirective. These measures shall be taken not later than the date mentioned in Article 7.
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Amendment 25
Article 3 b (new)
Article 3b GA maintained (see p. 2 of this document)
Member States and, where appropriate, the Commission, within their respective areas of competence, shall accompany measures under this Directive, by initiatives to raise awareness of the dangers for road users arising from vehicle blind spots.
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Amendment 26
Article 4
Article 4 deleted Identical texts
By way of derogation from the first paragraph of Article 3 Member States may provide the
following:
(1) Vehicles registered from 4 to 7 years before the date set out in Article 7 shall comply with the requirements of this Directive at the latest 1 year after that date;
(2) Vehicles registered from 7 to 10 years before the date set out in Article 7 shall comply with the requirements of this Directive at the latest 2 years after that date.
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Amendment 27
Article 5
Article 5 deleted Identical texts
Vehicles of categories 2 and 3 which, by reason of the lack of available technical solutions, cannot be equipped with mirrors which comply with this Directive may be equipped with other devices of indirect vision, provided that such devices cover at least the same field of vision as set out in the second paragraph of Article 3.
Vehicles retrofitted in accordance with the first subparagraph shall be individually approved by the competent authorities of the Member States.
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Amendment 28
Article 7 a (new)
Article 7a
By [...]* at the latest the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Directive together with a study on "blind spot" accidents covering all vehicles and costs occurred and aiming at the improvement of road safety. On the basis of a more comprehensive cost-benefit analysis, the Commission's report shall be accompanied, if appropriate, by a proposal for reviewing existing legislation. By [...]* at the latest the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Directive together with a study on "blind spot" accidents covering all vehicles and costs occurred and aiming at the improvement of road safety. On the basis of a more comprehensive cost-benefit analysis, the Commission's report shall be accompanied, if appropriate, by a proposal for reviewing existing legislation.
__________________ *[three years after entry into force of the Directive] __________________ *[four years after entry into force
of the Directive]
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| publication date | 16-04-2007 |
|---|---|
| reference | 8424/07 |
