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Document 52012SC0081
COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT Accompanying the document& Proposal for a Regulation of the European Parliament and of the Council on simplifying the transfer of motor vehicles registered in another Member State within the Single Market
COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT Accompanying the document& Proposal for a Regulation of the European Parliament and of the Council on simplifying the transfer of motor vehicles registered in another Member State within the Single Market
COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT Accompanying the document& Proposal for a Regulation of the European Parliament and of the Council on simplifying the transfer of motor vehicles registered in another Member State within the Single Market
/* SWD/2012/0081 final - COD 2012/0082 */
COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT Accompanying the document& Proposal for a Regulation of the European Parliament and of the Council on simplifying the transfer of motor vehicles registered in another Member State within the Single Market /* SWD/2012/0081 final - COD 2012/0082 */
COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT Accompanying the document Proposal for a Regulation of the
European Parliament and of the Council on simplifying the transfer of motor
vehicles registered in another Member State within the Single Market This report only commits the Commission's
services involved in its preparation and does not prejudge the final form of
any decision to be taken by the Commission. TABLE OF CONTENTS COMMISSION STAFF WORKING DOCUMENT IMPACT
ASSESSMENT......................... 2 1........... Procedural issues and
consultation of interested parties.................................................... 8 1.1........ Identification................................................................................................................... 8 1.2........ Organisation and timing................................................................................................... 8 1.3........ Consultation and expertise.............................................................................................. 8 1.4........ Scrutiny by the Commission Impact
Assessment Board................................................... 8 2........... Policy context – Problem
definition.................................................................................. 9 2.1........ Policy context................................................................................................................. 9 2.2........ Problem definition......................................................................................................... 10 2.2.1..... In which Member State should the
motor vehicle be registered?..................................... 10 2.2.2..... The administrative burden of
re-registration................................................................... 11 2.3........ The objectives of motor vehicle
registration - Underlying causes of the problem.............. 15 2.4........ Action taken by the Commission
(baseline scenario)...................................................... 16 2.5........ The size of the problem: who is
affected, in what ways and to what extent?.................... 16 2.5.1..... Summary...................................................................................................................... 19 2.5.2..... Figures about the size of the
problem............................................................................. 19 2.5.3..... Estimation of the costs of the
current system (baseline scenario)..................................... 20 2.5.3.1.. Administrative costs...................................................................................................... 20 2.5.3.2.. Other impacts: Profit loss.............................................................................................. 21 2.5.3.3.. Additional costs for car rental
companies....................................................................... 21 2.5.3.4.. Other costs................................................................................................................... 21 2.6........ Foreseen evolution of the problem................................................................................. 22 2.7........ EU right to act.............................................................................................................. 23 3........... Objectives.................................................................................................................... 24 3.1........ General policy objectives.............................................................................................. 24 3.2........ Specific policy objectives.............................................................................................. 24 3.3........ Operational policy objectives........................................................................................ 24 4........... Policy options............................................................................................................... 24 4.1........ Assumptions................................................................................................................. 24 4.2........ Description
of policy options......................................................................................... 25 5........... Analysis of impacts....................................................................................................... 29 5.1........ Base-line option............................................................................................................ 29 5.2........ Option 1: Single registration for
the entire life of the motor vehicle (“single registration).... 29 5.2.1..... Qualitative assessment.................................................................................................. 29 5.2.2..... Reduction of administrative costs................................................................................... 31 5.3........ Option 2: No re-registration in
the Member State of destination if the holder remains the same person 32 5.3.1.1.. Qualitative assessment.................................................................................................. 32 5.3.1.2.. Reduction of administrative costs................................................................................... 36 5.4........ Option 3: registration in the
Member State of the holder of the vehicle and simplified re-registration 37 5.4.1.1.. Qualitative assessment.................................................................................................. 37 5.4.1.2.. Reduction of administrative costs................................................................................... 39 5.5........ Option 4: Registration in the
Member State where the motor vehicle is primarily used and simplified
re-registration.................................................................................................................................... 40 5.5.1..... Qualitative assessment.................................................................................................. 40 5.5.2..... Reduction of administrative costs................................................................................... 42 5.6........ Option 5: Optimising the
electronic exchange of information among national registration authorities 42 5.6.1..... Reduction of administrative costs................................................................................... 43 6........... Comparing the options.................................................................................................. 44 6.1........ Public consultation........................................................................................................ 44 6.2........ Administrative burden................................................................................................... 44 6.3........ Comparison of the qualitative
impacts............................................................................ 45 6.4........ Comparison of all impacts............................................................................................. 45 6.5........ Sensitivity analysis......................................................................................................... 46 6.6........ Form of the legislative
instrument................................................................................... 47 7........... Monitoring and evaluation............................................................................................. 47 8........... Annexes....................................................................................................................... 49 8.1........ Annex 1: Public consultation and
surveys....................................................................... 49 8.1.1..... Results of the public consultation................................................................................... 49 8.1.1.1.. General overview.......................................................................................................... 49 8.1.1.2.. Results......................................................................................................................... 51 8.1.1.3.. Conclusion and subsequent steps.................................................................................. 63 8.1.2..... Survey of national registration authorities....................................................................... 64 8.1.3..... Understanding Citizens’ and
Businesses’ Concerns with the Single Market: A View from the Assistance
Services.................................................................................................................................... 67 8.2........ Annex 2: legal context of car
registration in the internal market....................................... 73 8.2.1..... Type-approval of new motor
vehicles............................................................................ 73 8.2.1.1.. New motor vehicles and their
trailers............................................................................. 73 8.2.1.2.. New two or three-wheeled motor
vehicles.................................................................... 73 8.2.1.3.. Agricultural or forestry tractors...................................................................................... 74 8.2.2..... Registration of motor vehicles........................................................................................ 74 8.2.3..... The role of registration in the
field of transport............................................................... 75 8.2.3.1.. Hiring of vehicles for the carriage
of goods.................................................................... 75 8.2.3.2.. Periodic roadworthiness tests........................................................................................ 76 8.2.3.3.. Recommendation 2010/378/EU
(Periodic inspections of vehicles).................................. 77 8.2.3.4.. Technical roadside inspection of
the roadworthiness of commercial vehicles................... 80 8.2.3.5.. Recommendation 2010/379/EU
(Roadside checks)....................................................... 80 8.2.4..... Motor insurance........................................................................................................... 81 8.2.5..... Cross-border car crime................................................................................................ 81 8.2.6..... End-of life vehicles........................................................................................................ 82 8.2.7..... Jurisprudence of the Court of
Justice on car registration since 2000................................ 84 8.3........ Annex 3: Summary of national
rules and practices with respect to motor vehicle registration 90 8.3.1..... Belgium........................................................................................................................ 90 8.3.2..... Bulgaria........................................................................................................................ 91 8.3.3..... Czech Republic............................................................................................................ 92 8.3.4..... Denmark...................................................................................................................... 92 8.3.5..... Germany...................................................................................................................... 93 8.3.6..... Estonia......................................................................................................................... 95 8.3.7..... Ireland.......................................................................................................................... 96 8.3.8..... Greece......................................................................................................................... 97 8.3.9..... Spain............................................................................................................................ 98 8.3.10... France.......................................................................................................................... 99 8.3.11... Italy............................................................................................................................ 100 8.3.12... Cyprus....................................................................................................................... 102 8.3.13... Latvia......................................................................................................................... 103 8.3.14... Lithuania..................................................................................................................... 103 8.3.15... Luxembourg............................................................................................................... 105 8.3.16... Hungary..................................................................................................................... 106 8.3.17... Malta......................................................................................................................... 108 8.3.18... Netherlands................................................................................................................ 111 8.3.19... Austria....................................................................................................................... 112 8.3.20... Poland........................................................................................................................ 114 8.3.21... Portugal...................................................................................................................... 115 8.3.22... Romania..................................................................................................................... 116 8.3.23... Slovenia..................................................................................................................... 118 8.3.24... Slovakia..................................................................................................................... 119 8.3.25... Finland....................................................................................................................... 120 8.3.26... Sweden...................................................................................................................... 122 8.3.27... United Kingdom......................................................................................................... 123 8.3.28... Transferring motor vehicles to
another Member States - Temporary and professional (or ‘commercial’)
registration schemes in the EU...................................................................................................... 127 8.3.28.1....................................... The
seller drives the motor vehicle with his own registration plates 127 8.3.28.2......................... The buyer
seeks registration of the motor vehicle in his own Member State: 127 8.3.28.3............................................... The
buyer seeks temporary registration of the motor vehicle: 127 8.3.28.4............. The professional seller
drives the motor vehicle with his professional number plates: 133 8.4........ Annex 4: figures and statistics...................................................................................... 138 8.4.1..... Affected groups.......................................................................................................... 138 8.4.2..... Background statistics.................................................................................................. 142 8.4.2.1.. Methodological remarks............................................................................................. 142 8.4.2.2.. Car registrations in the EU.......................................................................................... 144 8.4.2.3.. Car-rental and leasing sector....................................................................................... 150 8.4.3..... Economic Impacts...................................................................................................... 153 8.4.3.1.. Methodology and assumptions.................................................................................... 153 8.4.3.2.. Impact on administrative costs..................................................................................... 153 8.4.3.3.. Other economic impact: loss of
profits......................................................................... 156 8.4.3.4.. Other economic impacts on the
car-rental sector......................................................... 158 8.4.3.5.. Other economic impacts: the 2nd
hand vehicle market................................................. 160 8.4.3.6.. Sensitivity analysis....................................................................................................... 161 8.5........ Annex 5: European Vehicle and
Driving Licence Information System (EUCARIS)........ 162 8.5.1..... Treaty concerning a European
Vehicle and Driving Licence Information System (EUCARIS) 162 8.5.2..... Bilateral exchange of information................................................................................. 162 8.5.3..... The exchange of vehicle
registration data through EUCARIS in EU law........................ 163 8.5.4..... The functioning of the electronic
exchange of vehicle registration data through EUCARIS 164 8.5.5..... Financial aspects......................................................................................................... 165 8.5.6..... Technical aspects........................................................................................................ 167 8.5.6.1.. Introduction................................................................................................................ 167 8.5.6.2.. National Registries...................................................................................................... 167 8.5.6.3.. An EUCARIS application in each
Member State......................................................... 167 8.5.6.4.. Presentation................................................................................................................ 168 8.5.6.5.. Applications............................................................................................................... 168 8.5.6.6.. Communication........................................................................................................... 172 8.5.6.7.. Technical infrastructure............................................................................................... 172 8.5.6.8.. Security...................................................................................................................... 173 8.5.6.9.. Operational system management................................................................................. 175 8.6........ Annex 6: Discarded option.......................................................................................... 178 8.7........ Annex 7: SME Test.................................................................................................... 180 1. Procedural
issues and consultation of interested parties 1.1. Identification Lead DG: DG ENTR - Agenda Planning/WP
Reference: 2011/ENTR/010. 1.2. Organisation
and timing Work on the Impact Assessment started in the
second half of 2010. An Impact Assessment Steering Group chaired by DG ENTR was
set up and met 5 times, on 7 December 2010, 27 May, 22 September, and 11
and 20 October 2011. SG, SJ, DG ECFIN, COMP, EMPL, MOVE, ENV, MARKT, TAXUD,
SANCO and JUST were invited to the meetings, at which representatives of SG, DG
MOVE, TAXUD and MARKT attended and contributed to the discussions. DG JUST and
DG COMP provided written comments. 1.3. Consultation
and expertise External expertise was used for mainly
gathering data about the magnitude of the current problems and the extent to
which a simplification of the registration procedure for motor vehicles
previously registered in another Member State can be enhanced. Different
surveys were organised, the results of which are summarised in Annex 1. From March to May 2011, a public consultation
of stakeholders, consisting of tailor made questionnaires for citizens,
economic operators and public authorities, was carried out through I.P.M. (Your
Voice in Europe). A summary of the public consultation results is enclosed in
annex 1 and is also available on the Europa web site[1].
The Commission’s minimum standards have all been met. A conference was organised on 21 June 2011 to
present preliminary results of the public consultation, and to provide an
additional forum for debate and exchange of information between different
stakeholders, and in particular for public authorities in charge of
registration in the Member States[2]. 1.4. Scrutiny
by the Commission Impact Assessment Board The Impact Assessment Board of the European
Commission assessed a draft version of the present impact assessment and issued
its opinion on 16 December 2011. The Impact Assessment Board made several
recommendations and, in the light of the
latter, the final impact assessment report firstly strengthens the evidence
base of the problem definition, for instance by giving clearer references to
the jurisprudence of the ECJ. Secondly, it provides a more detailed explanation
of the content and impacts of the options, in particular for the package of preferred
options. Thirdly, the report gives a better supported comparison of options by
presenting an integrated overview of all relevant costs and benefits. Finally,
it presents the future monitoring arrangements more clearly, and indicates how
the Directive will be evaluated. 2. Policy
context – Problem definition 2.1. Policy
context The free movement of goods is one of the
cornerstones of the European Union. This principle constitutes an important
pillar of the single market and allows citizens and enterprises to purchase or
sell products in another Member State. Unfortunately, the single market still
comprises considerable barriers. The obligation to register, in the receiving
Member State, a motor vehicle previously registered in the Member State of
origin has been a source of complaints and court cases for decades.
Notwithstanding the further integration of the single market, car registration
problems remain a frequent barrier for citizens and businesses. Europeans
moving to another Member State often experience difficulties when taking their
car along with them. They can face complex and burdensome registration
procedures, demands for paperwork in the host country which was not delivered
in the home country, and they may have to pay additional taxes and duties.
Citizens purchasing a car in another country and taking it back with them to
the country where they live face the same problems regarding registration
procedures. The Europe2020 Strategy for smart, sustainable
and inclusive growth[3] already pointed out that
businesses and citizens are faced every day with the reality that bottlenecks
to cross-border activity remain despite the legal existence of the single
market. Motor vehicle registration problems are a typical example of these
bottlenecks and were identified in the first EU Citizenship Report[4]
as one of the main obstacles faced by citizens when exercising their rights
under EU law in their daily lives. Moreover, they were also highlighted as one
of the 20 main concerns with the Single Market as it stands now, in a list
compiled by the Commission[5]. In its opinion of 11
March 2011, the High Level Group of Independent Stakeholders on Administrative
Burdens supported a possible Commission initiative to simplify registration
conditions and formalities. In addition, the Group called upon the national
authorities to strive for improved registration processes as soon as possible,
in particular concerning mutual recognition of the necessary documentation, and
to refrain from burdensome requests for supplementary documentation[6]. 2.2. Problem
definition All Member States have a vehicle registration
system of motor vehicles. It constitutes the administrative authorisation for
their entry into service in road traffic, involving their identification and
the issuing of a registration number. At the end of the registration procedure,
Member States issue a registration certificate which certifies that the vehicle
is registered in a Member State. The registration certificate also contains the
name and address of the person in whose name a vehicle is registered (the
‘holder’ of the registration certificate who is not necessarily the owner of
the motor vehicle[7]). The registration of a new motor vehicle[8]
is a very simple administrative formality which most Member States have
organised very efficiently. Yet, when the motor vehicle is registered in
one Member State and frequently used in another, the question of which Member
States the motor vehicle should be registered in arises. If it needs to be
re-registered in another Member State, the administrative formalities to obtain
the registration in the receiving Member State are often burdensome and cause
delays. The two problems are obviously interlinked: a person or a business is
only confronted with the formalities of re-registration when they are forced to
re-register a motor vehicle that is already registered in another Member State[9].
2.2.1. In
which Member State should the motor vehicle be registered? Citizens who move to another Member State,
cross-border workers, car-rental companies and people leasing a motor vehicle
in another Member State are often obliged to register it on the territory where
they live or where the motor vehicle is used, although it is already registered
in another Member State. This is for example the case when certificate holders
change their residence and move permanently to another Member State with their
motor vehicle. However, it is a tedious problem for citizens that live part of
the year in one Member State and the other part in another, as well as for
cross-border commuters who use, in their own Member State, a motor vehicle
registered by their employer in another Member State. In this case, the motor
vehicle is registered in one of the Member States but the holder is often asked
by the other Member State to register it there[10]. Example: Cross-frontier workers residing
in Finland and employed in another Member State were not allowed to use company
vehicles which were made available by their employers established in another
Member State and registered in the latter State, unless these motor vehicles
were registered in Finland. The Court of Justice ruled that this was
incompatible with the Treaty (judgement of 23 February 2006, Commission v.
Finland, Case C-232/03). Traders of second-hand motor vehicles, which
are usually SMEs, are confronted with the same problem when they purchase a
motor vehicle in another Member State. For them, the problem is often
aggravated by the difficulty of transferring individual motor vehicles bought
in another Member State to their home country since temporary registrations
tend to be fairly restrictive and so-called ‘professional registrations’ for
motor vehicles are often not recognised in other Member States. A similar problem as regards pinpointing the Member State where the
motor vehicle needs to be registered occurs for people wishing to lease a motor
vehicle from, and registered by, a leasing company established in another
Member State. Finally, it is also a problem for car-rental companies that wish
to move a part of their fleet to another Member State to meet seasonal demands.
Example: A Belgian national, residing in
Belgium but working in Luxembourg, was stopped in Belgium for a roadside
control, when he was driving a vehicle registered in Luxembourg. He was charged
with having, while residing in Belgium, failed to register a vehicle that he
intended to put into circulation in Belgium, even though that vehicle was
already registered abroad (judgement of the Court of Justice of 15 December
2005, Case C-152/04). 2.2.2. The
administrative burden of re-registration In practice, when Member States do not accept
that people living on their territory use a motor vehicle registered in another
Member State, they oblige the holder of the motor vehicle to re-register it on
their territory. However, formalities of re-registration for a motor vehicle being
transferred from one Member State to another are often very burdensome and
lengthy. Transferring a motor vehicle for a longer period to another Member
State leads to new paperwork in the receiving Member State and, usually, also
the paperwork to cease the registration of the vehicle in the Member State of
origin. The additional burden is principally caused by
the fact that the registration authorities of the receiving Member State have
little or no information about the motor vehicle, except the information that
they can find on the registration certificate. If the vehicle were to be
re-registered in the same Member State, registration authorities could rely on
the information in their national databases. Example: The Polish legislation required
imported second-hand vehicles to undergo roadworthiness test prior to their
registration, whereas domestic vehicles with the same characteristics were not
subject to such a requirement. The Court of Justice ruled that this rule
breached the principle of free movement of goods. According to the Court, the
same objective could be attained through the recognition of the proof issued in
another Member State showing that a vehicle registered in the territory of that
State has passed a roadworthiness test, together with cooperation by the
registration authorities with their counterparts in other Member States
concerning any data that may be missing (judgement of 5 June 2008, Commission
v. Poland, Case C-170/07). The amount of paperwork in the receiving Member
State and its burdensome effect are to a large extent determined by the
modalities of the registration process which vary widely between Member States[11].
The first step is the formal de-registration of the motor vehicle. These
formalities usually consist of collecting the required documents which vary
from country to country, visiting the competent office, submitting personal
data and motor vehicle data (e.g. proof of ownership, registration document,
chassis number). The insurance company must also be informed. In the case that the
motor vehicle is driven on public roads after de-registration towards the
destination country, one must usually apply for a temporary number plate,
submit all necessary data about the vehicle and its owner, and arrange for
insurance coverage. The next administrative phase of transferring a vehicle to
another Member States is the heaviest: re-registration in the receiving Member
State. It involves a number of administrative steps and, more importantly,
various new controls and checks, such as the submission of a certificate of
conformity and national roadworthiness tests: ·
Type-approval or individual approval. For new motor vehicles, the manufacturer, in his capacity as the
holder of the EC type-approval, issues an EC certificate of conformity which
shows that the vehicle has been manufactured in conformity with the approved
vehicle type. The EC certificate of conformity must accompany each new EC
type-approved vehicle. However, EU legislation does not require that the
certificate of conformity remain with the vehicle after registration. In most
Member States the EC certificate of conformity is kept by the authorities once
the vehicle is registered. Nevertheless, several Member States oblige
applicants to submit a copy of the certificate of conformity which is usually
only required for the first registration of the vehicle. This constitutes a
serious problem for many citizens who have to contact the manufacturer for a copy
of the certificate, and pay a fee to receive it. In addition, this process
usually takes a few weeks. Example: Austria required that, for the
purposes of their first registration in Austria, motor vehicles previously
registered in other Member States and which have not undergone, because of
their age, a Community type-approval procedure, had comply with limit values in
respect of pollutant emissions and noise which are stricter than those they
initially had to comply with as set out in EU law. However, motor vehicles with
the same characteristics and which were already authorised to use the roads in
Austria were not subject to that requirement in cases of their re-registration
in that Member State. Therefore, the Court of Justice considered that this requirement
constituted a breach of the principle of free movement of goods (judgement of
11 December 2008, Commission v. Austria, Case C-524/07). ·
Roadworthiness tests. Several Member States oblige the person seeking the
re-registration of a vehicle from another Member State to undergo a
roadworthiness test prior to the registration procedure, despite the fact that
the person is already in possession of valid documents delivered by another
Member State. This test is either similar to the regular (annual) test that
applies to national vehicles or can be even more demanding and, consequently,
also more expensive. At the moment many Member States do not recognise the
content of the roadworthiness certificate issued by another Member State or, if
they need information about the vehicle, they do not demand the necessary data
from their counterparts in other Member States. Example: The Court of Justice indicated
that, by requiring motor vehicles previously registered in another Member State
to undergo a test as to their general condition prior to registration and
without taking any account whatsoever of tests that may have already been
carried out by those Member States, some persons concerned may be deterred from
registering vehicles previously registered in other Member States. The Court
argued that a similar result could be achieved by less restrictive measures,
such as recognition of the proof issued in another Member State showing that a
vehicle registered in the territory of that State has passed a roadworthiness
test, together with cooperation by the registration authorities with their
counterparts in other Member States concerning any data that may be missing
(Judgement of 20 September 2007, Commission v. the Netherlands, Case C-297/05). ·
Lack of administrative cooperation: National registration authorities complain about the difficulties
that they are facing to contact their colleagues in other Member States. Almost
60% of the public authorities which participated in the public consultation are
dissatisfied with the current system for the exchange of information between
registration authorities[12]. The practical
difficulties to obtaining missing data could lead to additional delays for
re-registration. Directive 1999/37/EC allows Member States to ‘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.’
However, no specific network was created for the implementation of this
provision of the Directive. Yet, according to the case-law of the Court of
Justice, the objectives of road safety and the protection of the environment
can be attained through the recognition of the proof issued in another Member
State showing that a vehicle registered in the territory of that State has
passed a roadworthiness test, together with cooperation by the competent
authorities with their counterparts in other Member States concerning any data
that may be missing[13]. The 651 citizens and 151 businesses responding
to the public consultation mentioned the following problems: || Problem || Business 1 || The vehicle reg. authorities required additional technical checks or certificates || 69.5 % 2 || Long and complicated procedures || 67.8 % 3 || The registering country required a new roadworthiness test, even though the vehicle had passed one in another EU country || 50.8 % 4 || Differences in registration requirements between countries || 37.3 % 5 || Required to supply technical information you did not have || 32.2 % 6 || The authorities did not recognise some of the technical documentation submitted || 30.5 % 7 || The authorities refused requests to have the vehicle registered there || 27.1 % 8 || The vehicle was not EU type-approved (new type approval requested) || 20.3 % 9 || Unable to temporarily transfer a vehicle from one EU country to another || 18.6 % 10 || Other || 18.6 % 11 || A valid EU type-approval certificate was not recognised by reg. authorities in the receiving country || 13.6 % 12 || Required to submit an EU type-approval certificate || 11.9 % || Problem || Citizens 1 || Long and complicated procedures || 81.6 % 2 || The vehicle reg. authorities required additional technical checks or certificates || 67.9 % 3 || The registering country required a new roadworthiness test, even though the vehicle had passed one in another EU country || 54.3 % 4 || Differences in registration requirements between countries || 44.7 % 5 || Required to supply technical information you did not have || 26.7 % 6 || Other || 25.4 % 7 || Required to submit an EU type-approval certificate || 20.7 % 8 || The vehicle was not EU type-approved (new type approval requested) || 18.2 % 9 || A valid EU type-approval certificate was not recognised by reg. authorities in the receiving country || 17.3 % 10 || The authorities did not recognise some of the technical documentation submitted || 15.2 % 11 || Unable to temporarily transfer a vehicle from one EU country to another || 12.4 % 12 || The authorities refused requests to have the vehicle registered there || 8.8 % ·
The modalities of the re-registration process
constitute not only a general problem for citizens and enterprises, but equally
for national registration authorities. In the public consultation, 95% of
national registration authorities reported procedural problems with
cross-border re-registration procedures. 2.3. The
objectives of motor vehicle registration - Underlying causes of the problem The principle of national registration of motor
vehicles is very old and was consolidated by the Convention on Road Traffic,
signed in Vienna on 8 November 1968[14]. The main objective of
national motor vehicle registration is the administrative authorisation for the
entry into service in road traffic of a motor vehicle. This procedure is used
for three purposes: –
Vehicle identification in traffic. The motor vehicles registration number allows identifying the
owner or user of the registration number, for law enforcement and road safety
purposes. –
The registration data are used for the taxation
of motor vehicles[15]. There exists a close
link between the obligation to register a motor vehicle and the payment of
motor vehicle taxes. –
The registration data are also used for the
organisation of the roadworthiness tests. Consequently, the main causes of the problem
are the concerns of national administrations to obtain the national
registration of motor vehicles in order to ensure road safety, to prosecute
traffic offences and to levy national registration and/or circulation taxes. In addition, the problem will also be influenced
by two interrelated gaps: –
An information gap: Citizens and
businesses often do not sufficiently know or understand their rights and do not
know where to look for information or help on the registration of a motor
vehicle previously registered in another Member State. Likewise, registration
authorities fail to sufficiently understand the rules and how to apply them; –
An implementation gap: In several areas,
a gap can be noted between the application of the principles set out in the
jurisprudence of the Court of Justice and the way it is implemented and applied
in practice. For motor vehicle registration issues, there is still a lack of
co-operation amongst relevant administrations operating in a cross-border
context and to difficulties in resolving problems and obtaining redress where
things go wrong. 2.4. Action
taken by the Commission (baseline scenario) Besides starting infringement procedures, the
Commission published interpretative communications summarising EU law on the
subject[16]. However, EU law and the
jurisprudence of the Court of Justice on the subject keep evolving so that most
interpretative communications on car registration are quite quickly outdated,
including the one published in 2007. Moreover, an interpretative Communication
is non-binding, and so far has not acted as effective guidance or a constraint
on Member States. Furthermore, although the Commission has
already issued these different interpretative communications, it cannot be
claimed that they have considerably reduced the number of problems. National
registration authorities are aware – or should be aware – of the existence of
the latest interpretative communication but usually apply national law in the
case of conflict between national rules and the interpretative communication. There are no indications that citizens and
enterprises would be aware of the existence of the communication, and it seems
unrealistic to expect that the communication – which outlines the main elements
of EU law and the jurisprudence of the Court of Justice – would be very helpful
for them in case of a conflict. 2.5. The
size of the problem: who is affected, in what ways and to what extent? There are around 300 million registered motor
vehicles[17] in the EU (which consist
mainly of M1 passenger vehicles and N1 light duty motor vehicles)[18].
Around 13 million new vehicles were registered in 2010. The number of car-title
transfers is about three times as high as first registrations, with an average
number of 40 million vehicles that are transferred to a new holder[19].
Around 8% of these (3.5 million) correspond to vehicles transferred between
Member States[20]. De- and re-registration
are unevenly distributed across Member States. The main “net exporter” of cars
to be re-registered in another Member State is by far Germany (1,697,000:
almost 50%). It is followed by Italy (423,000: 12%), Netherlands (309,000: 9%)
and France (271,585: 8%). Concerning “net importers”, the highest number by far
of re-registration of cars coming from another Member State takes place in
Poland, (1,123,583: 30% of all re-registrations). It is followed by Greece
(404,000: 11%), Lithuania (253,000: 6.5%), Romania (225,000: 6.5%) and the
Czech Republic (207,000: 6%). Citizens are in
the first to be affected by re-registration problems. As EU integration
proceeds, more people may wish to move from one country to another; or to have
holiday homes in other Member States, leaving their cars there. More than 3 million people arrived for a permanent stay in Member
States in 2007, with more than 2 million arriving in Spain, Germany and the
United Kingdom combined[21]. Persons living in one Member State and using
a motor vehicle registered by their employer in another Member State are also affected by the problem. In total, about 780,000 people in
the EU (including EEA/EFTA) were cross-border commuters in the year 2006/2007
(including commuters using other means of transport)[22].
Citizens are also the main group of customers for
the intra–EU second-hand market of motor vehicles. While the new-car
market is increasingly being shaped by commercial customers, more and more
private customers are tapping into the used-car market. Overall, used cars are
newer and have better technology today than they did in the 1980s. In terms of
quality, “young used cars,” which once belonged to car-rental agencies or
served as company cars or demonstration vehicles, are very difficult to
distinguish from new cars. But they can be purchased at just a fraction of the
original price[23]. The assumption in this
impact assessment is that second-hand traders, which are mostly SMEs, are
directly affected by the problems identified in this document. Although one can
assume that these traders will not register the motor vehicles purchased in
another Member State and that the registration will be done by the customer, a
professional second-hand trader will be in a position to provide its
(potential) clients with all the paperwork, including roadworthiness
certificates and inspection results. Moreover, these firms face the problem of
transferring individual motor vehicles since temporary registration tend to be
fairly restrictive and so-called ‘professional registrations’ for motor
vehicles are often not recognised in other Member States. However, a fairly
recent phenomenon on the second-hand market of motor vehicles is the so-called
‘car supermarkets’ which undertake practically no sales of new cars but mainly
of pre-registered cars. Pre-registered cars are often “like new” cars except
that, through the mechanism of pre-registration, the dealer or vehicle
manufacturer can sell at a lower price without having to lower the price of all
its inventory. Sales in this form do not enter the statistics as sales of new
cars and it is therefore difficult to assess their magnitude. It is common that
car supermarkets selling new cars source these cars from abroad. This often
implies some variation in specifications. For more flexible buyers, car
supermarkets can be a good way to get a new car quickly and cheaply. Car
supermarkets engaged in selling imported new cars have so far benefited from
large price differences between Member States and are thus an established part
of the distribution landscape in many countries, including Belgium and the
Netherlands, Italy and the UK. Future trends may be favourable to this new
retail format. According to a survey by UK trade magazine Auto Trader, one in
five UK owners have bought from a car supermarket, and one in three would
consider buying from one in the future[24]. In theory, leasing companies could face registration
problems, at least if they are the holder of the registration certificate and
the vehicle is used by a person established in another Member State. Leasing
firms retain the ownership of the leased motor vehicles throughout the life of
the contract whereby they convey to the lessee, in return for a payment or
series of payments, the right to use the motor vehicle for an agreed period of
time[25]. Leasing firms usually
also offer long term automotive rental contracts. This is a specific kind of
leasing, whereby businesses outsource their vehicle fleet needs to a leasing
company which provides the necessary passenger cars, vans or trucks to the
client, along with any required related services, including maintenance,
insurance, fuel management and/or tyre replacements. Automotive assets, i.e.
passenger cars and commercial vehicles, accounted for about 55% (€124.1
billion) of total new leasing contracts agreed in 2010, remaining the largest
individual asset segment of the European leasing market. It is estimated that
European leasing companies financed some 5.8 million passenger cars in 2010[26].
There are indications that employers increasingly rely on leasing arrangements
rather than ownership when providing cars to their employees. In practice,
however, many leasing companies seem to prefer that the client appears, in the
national motor vehicle register and on the registration certificate, as the
holder of the vehicle while the leasing company appears as the legal owner. By
not being the formal holder of the vehicle, a leasing company can avoid any
liability for the settlement of traffic offences or for the payment of road
taxes. Car-rental companies are equally affected by the problem but in a very different manner.
These companies rent out motor vehicles to private or professional clients for
a relatively short period of time in order to meet their respective transport
needs. Besides the traditional car-rental services (as a means of transport to
complete a train or plane journey or as a replacement vehicle), truck rental is
a growing sector. The EU fleet for short-term rental is estimated at 1.4
million vehicles, split into about 1 million cars and 400,000 light commercial
vehicles. Car-rental fleets are usually very new, in particular for large
cross-border companies, as vehicles remain in the fleet for about 6-9 months,
and are subsequently bought back by manufacturers. Registration authorities are very much affected by the problem. During the public
consultation, public authorities highlighted that the main problems for them
relate to differences between Member States in registration procedures and to
the exchange of information required for re-registering motor vehicles. In
addition, not all Member States de-register motor vehicles automatically after
receiving notification, and this leads to even longer and more complicated
re-registration procedures for all concerned. Furthermore, the re-registration
of a motor vehicle previously registered in another Member State is sometimes
used for legalising stolen vehicles or vehicle documents. Stolen vehicles are often
sold with their identity changed, for example through ‘cloning’ (i.e. a
practice whereby a vehicle is stolen and then its genuine identity markings
removed and changed to reflect the identity of a legitimate vehicle that is
currently in use on the road, so that the stolen vehicle assumes the identity
of the legitimate vehicle and two vehicles are now being used with the same
vehicle registration number) or ‘ringing’ (i.e. the practice where a stolen
vehicle’s identity is swapped with that of a salvaged vehicle). This can only
be prevented by a close cooperation between registration authorities[27]. 2.5.1. Summary Who is affected? || Affected by the problem in which Member State should the vehicle be registered || Affected by the modalities of the registration Citizens purchasing a second-hand motor vehicle in another Member State || No || Yes Citizens moving permanently to another Member State with their vehicle || No || Yes Citizens living part of the year in another Member State || Yes || Yes Citizens working across borders with a company car || Yes || Yes Intra–EU second-hand market of motor vehicles || No || Yes Leasing and car-rental enterprises || Yes || Yes National registration authorities || Yes || No 2.5.2. Figures
about the size of the problem Precise statistics about the exact number of
difficulties encountered during the re-registration process do not yet exist.
The current statistics only relate to the number registrations that were
granted and do not provide any information on the length of the procedure, the
number of persons that have given up during the procedure, the number of
persons who are the subject of conflicting registration rules or the number of
persons that avoided the re-registration by keeping their original registration
number, for example to avoid or evade taxes or the payment of penalties for
local traffic violations. Most of the difficulties encountered by persons who
wish and fail to re-register their vehicle in another Member States are not or
incidentally reported to national authorities, consumer organisations or the
Commission. Difficulties faced by persons who still have a legally valid
vehicle registration in another Member State but who are obliged to register
their vehicle in the Member State where they work or live, are equally not
reported. Nevertheless, in the period 2000-2011, the
Commission handled 114 official complaints about car registration problems
while the Court of Justice delivered 17 judgments and orders about car
registration (see Annex 2). The SOLVIT annual report for 2010 indicates that
cases concerning driving licences and vehicle registrations cumulatively
account for 6% of the overall case load, with an increase of 5% compared to
2009[28]. An analysis of
questions and problems handled by Your Europe Advice (YEA, former Citizens
Signpost Service) and SOLVIT in 2009 shows the following results: Database || Category level 1 || Category level 2 || Nbr of cases in database SOLVIT || Motor vehicle registration || || 128 YEA || Motor-vehicles || Import type-approval and registration || 714 Several National Registration Authorities have
also acknowledged in the public consultation that they receive a substantial
share of complaints on re-registration from national SOLVIT centres. With
respect to vehicle registration, a substantial share of cases concerned the
importation into the Member State of motor vehicles purchased in another Member
State. Another large share involved enterprises that want to use their vehicles
in a Member State different from that of first registration. 2.5.3. Estimation
of the costs of the current system (baseline scenario) The duration of the process of de-registration
is estimated to take an average of 1 week. For re-registration in another
Member State, the process lasts on average 4 weeks. The total duration of the
process is around 5 weeks. This has been estimated on the basis of data
received in the public consultation and from interviews with Member States. For
calculation purposes, the basic assumption is that 3.5 million vehicles are
transferred to another Member State per year. 2.5.3.1. Administrative
costs The unit cost of de-registration and
re-registration procedures is estimated at €400 for citizens and for businesses
and €29 for public authorities (this reflects the effective time devoted to
this procedure as well as the fees paid). The total current annual
administrative costs are estimated (on the basis of the Standard Costs model)
at around EUR 1400 million for citizens and for businesses and EUR 100 million
for public authorities, which totals around EUR 1500 million euro. Estimated annual costs || EUR million Citizens and companies || || 1,400 Public authorities || || 100 Total administrative costs || || 1,500 2.5.3.2. Other
impacts: Profit loss Other economic impacts for companies derive
from not being able to use the car while the de-registration/re-registration
procedure is on going. This loss of profits is estimated at around 336 million. || Estimated annual costs (EUR million) Profit loss || 336 2.5.3.3. Additional
costs for car rental companies Additionally, there are specific impacts for
car rental companies resulting from the nature of their business. One impact is
the high costs of one-way rental associated to the costs of repatriation of the
car. In most cases, companies decide not to re register the car in the country
of destination because of excessive costs. Either they rent it to a client with
the same nationality of the number plate of the vehicle or they drive it back.
This cost is passed on to the final consumer through higher prices. The overall
cost of this amounts to EUR 418 million annually. There is also a loss of
profits derived from lower demand due to the very high price of this
service. This is estimated at EUR 202 million. Finally, companies face the
constraint of not being able to meet peak seasonal demand due to the
impossibility of easily moving fleet from one Member State to another. As a
result, they suffer a loss of profits of around EUR 16 million annually. || Estimated annual costs (EUR million) One-way rentals costs || 418 Loss of demand || 202 Peak seasonal demand loss || 16 Additional costs for car rental companies || 636 The current procedures generate significant
administrative and other costs for citizens, businesses and public authorities
that amount to EUR 2472 million annually. 2.5.3.4. Other
costs Other possible costs for private citizens
(having to resort to other transport solutions or reduce their mobility) and
for businesses (such as cost of having a larger fleet than otherwise needed in
a given country or the depreciation of the vehicle) have not been
quantitatively estimated. The number of vehicles is also a conservative
estimation. Therefore, real costs could be higher. 2.6. Foreseen
evolution of the problem ·
The percentage of citizens working in a
different Member State than their Member State of origin has shown an
increasing trend in the last few years amounting to around 6 million in 2010,
which represents around 3% of total workers in the EU. The number of
cross-border workers has increased 30% since 2005, reaching around 1 million in
2010. One can expect this trend to continue in coming years. ·
Cross-border exchange of information
on road safety related traffic offences will improve profoundly. Directive 2011/82/EU facilitating the cross-border exchange of
information on road safety related traffic offences[29]
will have to be transposed by Member States (except Denmark) by 7 November 2013[30].
The objective of the Directive
is to improve road safety by establishing a system of information exchange
between the State of the offence and the State of registration on the most
serious road safety infringements. It serves to identify the vehicle owner who
has committed an offence in a Member State other than the one where his vehicle
is registered. The Member State of the offence would then be in a position to
prosecute and sanction him. The offences covered by the Directive include
speeding, non-use of a seat-belt, failing to stop at a red traffic light and
drink-driving. The Directive also sets out the exchange procedures (data,
responsible authorities and network) and the establishment of an EU network for
this exchange of information. ·
Obtaining information about the payment of
road and circulation taxes will become much easier. The new Council Directive 2011/16/EU on administrative cooperation in the
field of taxation[31] lays down the rules and
procedures under which the Member States must cooperate with each other to
exchange information that is foreseeably relevant to the administration and
enforcement of the domestic laws of the Member States concerning, inter alia,
road and circulation taxes. The Directive also contains provisions for the
electronic exchange of information and will be applied from 1 January 2013
onwards. In addition, Council Directive 2010/24/EU
concerning mutual assistance for the recovery of claims relating to taxes,
duties and other measures[32] lays
down the rules under which the Member States must provide assistance for the
recovery in a Member State of any claims which arise in another Member State
with respect to, inter alia, road and circulation taxes. This Directive is applied
from 1 January 2012. 2.7. EU
right to act The cross-border aspects of car registration
continue causing problems within the internal market. For example, there were 17
judgements and orders of the Court of Justice on the obstacles, caused by car
registration related matters, to the free movement of goods, services and
persons[33]. Current problems and differences in
administrative rules at national level as regards the re-registration of motor
vehicles previously registered in another Member State impede the free movement
of these vehicles within the EU. The EU has therefore the right to act on the
basis of Article 114 TFEU, in order to ensure the proper functioning of the
single market for second-hand motor vehicles purchased in another member state,
for citizens transferring a motor vehicle to another Member State of residence,
for citizens using a motor vehicle registered in the Member State of employment,
as well as for car-rental firms (and to a lesser extent leasing firms) which,
due to registration requirements for themselves or their client, encounter
barriers for the cross-border use of these vehicles. In order to comply with the subsidiarity
principle, the initiative should however not consider options concerning the
re-registrations within the same Member State, or the transfer of a motor
vehicle within the same Member State. The
proportionality of the remaining policy options will be subsequently assessed
in this report. During the public consultation, a signification
majority in each category of stakeholders considered that action should be
taken at EU level to improve the current situation. All public authorities that
contributed to the consultation are in favour of action being taken at EU
level. 3. Objectives 3.1. General
policy objectives The general objective of this initiative is to
improve the functioning of the single market through the elimination of
administrative barriers related to the re-registration procedure of motor
vehicles, which currently hinder the free movement of goods. 3.2. Specific
policy objectives The specific objectives of this initiative are: ·
To harmonise, streamline, and simplify the
procedures for re-registration of motor vehicles previously registered in
another Member State, for citizens, employees, employers, car rental and
leasing companies, and registration authorities; ·
To consequently reduce the administrative
burdens of all actors involved without hindering road safety or the prevention
of crimes and fraud; 3.3. Operational
policy objectives The operational objectives to be accomplished
by this initiative are the following: –
To determine in which Member State a motor
vehicle transferred between Member States should be registered; –
To reduce the time of de- and re-registration
procedures; –
To reduce the administrative burden on citizens
and undertakings by limiting the number of documents necessary to carry out the
re-registration procedure and by facilitating data exchange between national
registration authorities. 4. Policy
options 4.1. Assumptions The policy options were developed on the basis
of the following assumptions: ·
The first registration of a new motor vehicle in
the EU usually takes place in the Member State of residence/establishment of
the applicant (i.e. the future holder of the registration certificate) although
new motor vehicles are sometimes registered by a car dealer in one Member State
and subsequently purchased by a customer residing in another Member State. ·
Member States remain free to exercise their
power of taxation with respect to motor vehicles on the basis of the territory
on which the vehicle is actually used, or the residence of the driver. For
example, circulation taxes are levied by the Member State in which the motor
vehicle is registered or the Member State where the vehicle is essentially used.
·
None of the options concern the re-registrations
within the same Member State, or the transfer of a motor vehicle within the
same Member State. 4.2. Description of policy options One policy option was discarded at an early
stage, as set out in Annex 6 of this impact assessment. The policy options to
be assessed would be the following: ·
Baseline option:
infringement proceedings and interpretative communications published by the
Commission. ·
Option 1: Single registration for the entire
life-cycle of the motor vehicle (“Single Registration”): The motor vehicle is registered once in the EU for its entire
life-cycle. Motor vehicles keep their original registration until they
reach the end-of-life status. When the vehicle is transferred to a new holder,
the original registration is maintained. ·
Option 2: the holder keeps his/her registration
throughout the EU but a transfer of the vehicle to a new holder requires a new
registration: Every holder (i.e. the holder of the
registration certificate) keeps his/her own registration until the vehicle is
transferred to another holder. In other words, motor vehicles should not be
re-registered when the holder changes his/her residence to another Member
State. In that case, however, he/she should inform the authorities of their new
Member State which in turn should inform their counterparts in the Member State
of registration. A transfer of the vehicle to another holder, however, would
require re-registration. ·
Option 3: registration in the Member State of
the holder of the vehicle and simplified
re-registration. When the holder moves his/her
residence to another Member State or when the vehicle is transferred to another
holder in another Member State, the motor vehicle would have to be
re-registered but a simplified registration procedure would apply. This
simplified procedure would limit the paperwork and the
number of controls, through a detailed list of documents which may or may not
be requested, and an explicit prohibition to request supplementary documents. ·
Option 4: registration in the Member State
where the motor vehicle is primarily used and simplified re-registration. The motor vehicle should be registered in the Member State of
primary use of the motor vehicle, even when the holder of the registration
certificate resides permanently or is established in another Member State. Thus,
the motor vehicle must be registered in the Member
State where the motor vehicle is primarily used. The registration
procedure, however, would be simplified as under option 3. ·
Option 5: optimising the electronic exchange
of information among national registration authorities. The technical information about the motor
vehicle and the latest registration details in the Member State where the motor
vehicle was registered would be electronically gathered by the registration
authorities in the Member State of destination, through the EUCARIS system[34].
PROBLEMS || CAUSES || OBJECTIVES || OPTIONS It is not clear where and when a motor vehicle registered in a Member State has to be registered in another Member State || - Each Member State has its own registration system with different requirements: not recognition of registration documents delivered or request of further information and/or undergo technical inspections - There is the obligation to register the vehicle permanently used in the territory of a MS despite the fact the vehicle is already registered in another MS. However it is not clear what it is understood by “permanently used” -Legal uncertainty: Cross-border workers and citizens in general do not know their right and how to proceed when facing conflicting registration requirements from two Member States (Imperfect information - market failure). || Improve the functioning of the single market a) remove the legal uncertainty by clarifying registration procedure b) clarify the rights and obligations of actors involved in the registration procedure || Option 1: single registration in the Member State of first registration Option 2: registration in the Member State of residence/ establishment at the moment of registration. No re-registration when change of residence to another Member State. Option 3: registration in the Member State of the holder of the vehicle and simplified re-registration Option 4: registration in the country of use and simplified re-registration Re-registration procedures are very burdensome and lengthy || -There is hardly any exchange of information between registration authorities so that the Member State of destination has no information on the motor vehicle previously registered in another Member State. Registration authorities can only rely on the information present on their national databases (Imperfect information - market failure). - Procedural problems with cross-border re-registration procedures: citizens and businesses often do not sufficiently know or understand their rights and do not know where to look for information or help on the registration of a motor vehicle previously registered in another Member State. Likewise, registration authorities fail to sufficiently understand the rules for cross-border cases and how to apply them (Imperfect information- market failure). - Procedures and information requirements are defined too broadly in the existing European legislation. (Inadequately defined legal framework –regulatory failure) - lack of trust among national registration authorities - Burden of proof is put on the applicant who has to provide documents and information not always at his disposal || Improve the functioning of the single market: a) Harmonise, streamline and simplify the procedure of re-registration procedure b) reduce the lead-time of de- and re- registration procedures c) reduce the administrative burden and the burden of proof on the applicant d) facilitate data exchange between national registration authorities to eliminate the lack of trust e) mutual recognition of documents delivered by another European registration authorities. || Option 1: no re-registration Option 2: no re-registration if the holder moves his/her residence or its establishment to another Member State. Re-registration when the vehicle is transferred to a new holder. Option 3: simplified re-registration in the Member State to which the holder moved his/her residence or its establishment, or in the Member State of the new holder. Option 4: simplified re-registration in the Member State where the vehicle is primarily used. option 5: optimising the exchange of information among national registration authorities 5. Analysis
of impacts 5.1. Base-line
option As described above. It serves as a reference
against which the other options are assessed. 5.2. Option
1: Single registration for the entire life of the motor vehicle (“single
registration) 5.2.1. Qualitative
assessment ·
This option would have vast negative
impacts on road safety (roadworthiness tests), traffic enforcement and
car crime, motor insurance, the second-hand market and the levying of registration
and circulation taxes. Without complementary measures, this option would cut
the link between the registration and the owner or user of the car thus making
it impossible to identify them through the motor vehicle register. In fact, one
of the current objectives of motor vehicle registration is to identify the
holder of the motor vehicle. The negative consequences would be the following: –
This option would impede the effective
organisation of roadworthiness testing since it would be difficult to find the owner
or user of the car. In addition, since roadworthiness tests must be performed
in the Member State of registration, the holders of the vehicles would have to
drive back, at regular intervals, to the Member of registration for these
tests. –
As it would be possible to freely transfer a
motor vehicle within the European Union on a permanent basis without any
further requirements, it would be very difficult to track the actual holder in
case of traffic offences or car crime. It would also be difficult to know where
traffic fines and/or notifications should be sent. Another difficulty would be the
tracking of stolen vehicles as the requirement to re-register the vehicle or to
inform the Member State of its existence on their territory would be removed. –
Specific problems would also arise in cases of
repeated offences by a vehicle belonging to a non-resident. According to
current European legislation such situations must be reported to the
authorities in the EU country where the vehicle is registered. The country in
which the offences have been committed may then request that their counterpart
in the Member State where the vehicle is registered take action against the
offender. Under this option this would no longer be possible or at least would
be very difficult as the country where the car is first registered is not
necessarily the country where the offender has his residence. –
Through a single registration, registration
taxes would be paid, where applicable, only once in the whole life of the motor
vehicle. This would suppose an important loss of revenues for Member States. –
There are comparable problems for circulation
taxes which are usually paid in the Member State where the vehicle is
registered or in the Member State where the vehicle is essentially used. As a
consequence, it could be possible that the holder would be requested to pay
circulation taxes in two Member States when the vehicle is transferred to
another Member State. It would be difficult to prevent this double taxation. –
For the same reasons, it would complicate the
effective functioning of the compulsory insurance against civil liability for
motor vehicles (“motor insurance”). Under this option it would be very
difficult for insurance companies to know in which Member State the motor
vehicle would be primarily used. As a consequence insurance companies would not
be able to apply the localisation of risk principle that is used to calculate
their premiums. A not notified change of residence would not only affect the
calculation of the premium but could also undermine the validity of the
insurance contract. The insurer may not be authorised to provide its services
in the Member State of destination or may not willing to do so (due, inter
alia, to their difficulties to calculate the risk in another Member State).
–
This option might have negative consequences for
the functioning of Council Decision 2004/919/EC on
tackling vehicle crime with cross-border implications. This Decision implicitly
uses the registration process as a tool for tracking stolen vehicles so that
this option would most probably require new actions to tackle vehicle crime
with cross-border implications. –
Finally, since the first holder of the motor
vehicle would be the only person known to the registration authorities, this
option would discourage them from transferring the motor vehicle to another
person since the latter would remain unknown to registration authorities and so
that only the former would be contacted for any difficulties caused by the new
holder (e.g. non-payment of taxes, road offences etc). ·
Positive impacts: –
Citizens bringing their vehicle into the
country of residence: Under this option, citizens
would be able to move permanently with their vehicles from one Member State to
another without any further administrative obligation as regards their
vehicles. This would suppose the elimination of re-registration and
de-registration procedures for motor vehicles already registered elsewhere in
the EU. Thus, citizens would save significant time and money. As a consequence
there would be no differences between driving the vehicle permanently in one
Member State or in several. Furthermore, by linking the registration to the
vehicle, citizens would further avoid the re-registration if the holder of the
motor vehicle changes. –
Cross-border workers. Although Directive 83/182/EC and 2009/55/EC provide guidance for
taxation purposes, it is currently not clear where the vehicle has to be
registered when the cross-border worker has both personal and occupational
interests in two Member States, or when a cross-border worker lives in one
Member State but uses a company motor vehicle registered by the employer in
another Member State. This option would immediately solve all uncertainty with
regard to which Member State should register the motor vehicle and would have a
positive effect on cross-border workers. –
Leasing companies:
The positive aspect of this option is that it would facilitate cross-border
leasing since the residence of the holder of the certificate would determine
where the vehicle should be first registered. Yet, the negative aspects
outlined above would have an important impact on leasing companies who are the
formal holders of the registration certificate and that would be responsible
for transferring the ownership of the vehicle. –
Car-rental companies: This option would allow car rental companies to meet seasonal
demand as they would be able to move their fleet freely across the European
Union thus removing an important barrier to cross-borders rentals. As a direct
consequence of the removal of the current barriers to the free movement of
services, one could expect more competition and lower prices for consumers. Car
rental companies would have fewer costs as they would not have to repatriate
the vehicles in trucks to the Member State of registration. From an
environmental point of view, this option would contribute to the reduction of
CO2 emissions generated by the current repatriation system. One could also
envisage that this option would provide indirect positive impacts on European
tourism. However, the negative impacts set out above would start taking effect
when the car-rental companies decide to remove the vehicle from their stock
(e.g. by selling it or by returning it to the manufacturer). –
Intra-EU trade of second-hand vehicles: this option would eliminate the administrative barrier of
registration and would therefore have a positive impact on EU market of second-hand
vehicles. –
Registration authorities. In theory, this option would remove the legal uncertainty and
potential contradiction of different national registration requirements. There
would be no difficulties for national registration authorities since they would
only register new motor vehicles and they would remain registered until their
scrapping. In practice, however, the negative impacts on road safety
(roadworthiness tests), traffic enforcement, motor insurance and the levying of
circulation taxes would heavily complicate the functioning of the registration
authorities. 5.2.2. Reduction
of administrative costs The elimination of the need for de-registration
and re-registration would remove the administrative costs for businesses and
citizens as well as for public authorities that exist in the baseline scenario.
This would deliver savings of EUR 1,500 million annually. The profit loss would
also be eliminated, because the vehicle could now be used without interruption.
This would allow savings of around EUR 336 million annually. The specific costs
for car rental companies would also disappear with this policy option (EUR 636
million) as they would be able to transfer cars across borders without
constraints. OPTION 1: SINGLE REGISTRATION || Estimated annual savings compared to the baseline option (EUR million) Citizens and businesses || 1400 Public authorities || 100 Total administrative costs ( A) || 1,500 Profit loss (B) || 336 Savings on one-way rentals costs || 418 Savings on loss of demand || 202 Peak seasonal demand || 16 Total additional savings car rental companies (C) || 636 TOTAL ( A+B+C) || 2,472 This option would allow savings (administrative
costs) estimated at EUR 2,472 million annually. 5.3. Option
2: No re-registration in the Member State of destination if the holder remains
the same person 5.3.1.1. Qualitative
assessment During the public consultation, 54.9 % of
businesses, 69.7 % of citizens and 41.7 % of public authorities
replied that the current situation could be improved by a new EU system that
recognises vehicles already registered in another Member State. For 23.4% of
businesses, 15.4% of citizens and 16.7% of public authorities this measure
alone would not completely solve the current problems, and should be
accompanied by additional measures. ·
Positive impacts: –
In order to assess the impacts on citizens moving
to another Member State, one should distinguish three sub-options: (a)
Sub-option 2a: Under this sub-option, citizens moving
their residence to another Member State would be able to move with their
vehicles without any further administrative obligation as regards their
vehicles. This would suppose that re-registration and de-registration would
only take place when there would be a new holder or on a voluntary basis. The
abolition of all administrative formalities would have a very positive impact
on this group of citizens if they could move residence. (b)
Sub-option 2b: citizens moving to another Member
State could keep their original vehicle registration but would have to inform
their own registration authorities about their new residence. The
de-registration process is replaced by an information obligation which is still
less burdensome and much lighter than a formal de- and re-registration
procedure. (c)
Sub-option 2c: citizens moving to another Member
State could keep their original vehicle registration but would have to inform
the registration authorities of their new Member State about their new
residence. This would also be less burdensome and much lighter than a formal
registration procedure, although there might be a minor language barrier. –
Cross-border workers: this option would solve the problem of cross-border workers since
it would determine in which Member State the motor vehicle must be registered
so that the second Member State could not claim registration on its territory. –
Leasing companies:
this option would also be favourable for them since it would determine in which
Member State the motor vehicle must be registered. –
Car-rental companies: This option would allow car rental companies to meet seasonal
demand as they would be able to move their fleet freely across the European
Union. There would be no differences between national and cross-borders rentals.
Furthermore and as a direct consequence of the removal of the current barriers
to the free movement of services, one could expect more competition and lower
prices for consumers since car-rental companies could stop repatriating their
vehicles in trucks to the Member State of registration. This option would also
contribute to a reduction of the CO2 emissions generated by the current
repatriation system. One could also envisage that this option would have an indirect
positive impact on European tourism. –
Registration authorities. Sub-option 2a (no formalities) would significantly reduce the workload
that national authorities currently have as regards re-registration procedures
for motor vehicles arriving from another Member State. Sub-options 2b (the
holder should inform the Member State of registration) and 2c (the holder
should inform the Member State to which he/she moves his/her residence) would
slightly reduce the administrative burden for the Member State since the
information transmitted by the citizens would to have to be handled. ·
Negative impacts: –
Road safety (roadworthiness tests) and
traffic enforcement. Since roadworthiness tests
must be performed in the Member State of registration, the holders of the
vehicles would have to drive back, at regular intervals, to the Member of
registration for these tests. The impact on the effectiveness of traffic
enforcement would be neutral in all situations, except in the case where people
change their residence to another Member State: (a)
Sub-option 2a (no formalities): In cases like
these, it would be very difficult, sometimes impossible, to find the residence details
within another Member State, for invitations to roadworthiness tests and for
the prosecution of road offences. (b)
Sub-option 2b (the holder should inform the
Member State of registration): The objective of the information obligation is
to ensure that it would be possible to find the address of the new residence within
another Member State, for the sending of invitations to roadworthiness tests
and for the prosecution of road offences. (c)
Sub-option 2c (the holder should inform the
Member State to which he/she moves his/her residence): same impact as
sub-option 2b. –
Car taxation. The
right of Member States to levy registration tax and circulation tax is
generally based on the registration of the car in the Member State where the
owner is resident or where the vehicle is permanently used. (a)
Sub-option 2a (no formalities): If the holder of
the registration certificate moves from one Member State to another, the levy
of taxes related to vehicles will also in practice become difficult. Another
aspect is that it would be very difficult to levy circulation taxes on these
transferred cars. The consequences for taxation of transferring leasing
companies and short term rental companies' cars are not foreseeable. (b)
Sub-options 2b (the holder should inform the Member
State of registration) and 2c (the holder should inform the Member State to
which he/she moves his/her residence): The exchange of information between authorities
might mitigate the risk that the “taxable event” (i.e. the event or transaction
that results in a tax consequence for the party who executes the event) for the
levy of registration tax (and circulation tax) remains unknown for the
receiving Member State. However, this depends on the efficiency of the
administrative systems and collaboration of the owner of the vehicle. –
This option has a negative impact on motor
insurance where people change their residence to another Member State. As
there would be no need, under this option, to re-register the vehicle, it would
be very difficult for insurance companies to apply the localisation of risk
principle that is used to calculate their premiums. (a)
Sub-option 2a (no formalities): A not notified
change of residence would not only affect the calculation of premiums but could
also undermine the validity of the insurance contract. The insurer may not be
authorised to provide its services in the Member State of destination or may
not be willing to do so (due, inter alia, to their difficulties to
calculate the risk in another Member State). As a consequence the insurance
contract may be considered invalid by the insurer, and in case of accident, the
victims' damages would be covered by the guarantee fund which is funded by the
motor insurers providing their services in that particular Member State.
Increased uninsured driving increases motor insurance premiums for law-abiding
motorists. (b)
Sub-options 2b (the holder should inform the
Member State of registration) and 2c (the holder should inform the Member State
to which he/she moves his/her residence): Without any complementary measure,
this option has a negative impact on motor insurance. The simple notification
of change of residence without any further requirements (i.e. new registration
plate) would not allow insurance companies to easily identify their vehicles,
nor to calculate the insurance premiums as they can not apply the localisation
of risk principle. The EU insurance system mainly relies on this so-called
localisation of risk principle which is used by insurers to calculate their
premiums. According to the current European legislation on motor insurance[35]
the motor vehicle may - provided it is compliant with the national registration
rules - be insured by an insurer established in the Member State of
registration or by an insurer established in any other Member State. Under this
option there is a risk that insurers may not be informed by the insured of the
change of residence. However a change of residence would not only affect the
calculation of the insurance premium, but also and more importantly, the coverage
of insurance services. The insurer may not be authorised to provide its
services in the Member State of destination or may not be willing to do so. A
failure of notification of the change of residence would suppose that the
insurance contract may be considered invalid by the insurer. Moreover,
decoupling the Member State of registration and the Member State where the
vehicle habitually circulates may be burdensome or even impossible to the
functioning of the claims handling system which guarantees the protection of
road traffic accident victims, which is one of the main objectives of the Motor
Insurance Directive. The reason for this is that the bodies responsible for
compensating those victims of accidents caused by uninsured or 'foreign'
vehicles may no longer be able to determine which insurer or compensation body
is responsible for covering the damages caused. This might cause financial
damage to those bodies in Member States with much transit traffic for example. ·
Neutral impact –
Market of second-hand motor vehicles. This option would not eliminate the current registration barriers
that new holders often are confronted with when there is a change of holder. Under
this option, vehicles would still be deregistered in the Member State of the
previous holder and would have to go through the registration process of the
Member State of the new holder. For the second-hand market, this option would
be identical to the baseline option. –
Vehicle crime: This
option would probably not have any consequences on the functioning of Council Decision 2004/919/EC on tackling vehicle crime with
cross-border implications so that this option would not, as an immediate
consequence, require new actions to tackle vehicle crime with cross-border
implications. 5.3.1.2. Reduction
of administrative costs ·
Sub-option 2a (no formalities): The simplifications of the procedure eliminating the need for
de-registration and re-registration would eliminate the administrative costs
for businesses and citizens as well as for public authorities that exist in the
baseline scenario. This would deliver savings of EUR 1,500 million annually.
The loss of profits would also be eliminated, because the vehicle could in
theory be used without interruption. This would allow savings of around EUR 336
million annually. The specific costs for car rental companies would also
disappear with this policy option (EUR 636 million) as they would be able to
move cars across borders without constraints. ·
Sub-option 2b (the holder should inform the
Member State of registration): the effective time
necessary for the procedure would be significantly reduced compared to the
baseline scenario, because the procedure is limited to an information mechanism
of the Member State of origin[36]. This would
significantly reduce the administrative costs resulting from the process. In
this case the unit cost would be €12 for citizens and businesses and €6
for public authorities. The administrative costs for citizens and businesses
would be reduced to around EUR 41 million and EUR 22 million for public
authorities. Therefore, savings would be EUR 1,359 million for citizens and
businesses and EUR 78 million for public authorities, totalling around EUR
1,437 million annually. Loss of profits would also be eliminated (savings
around EUR 336 million) because the vehicle could in theory be used without
interruption. Car rental companies would not incur costs presented in the
baseline scenario (only in a minimal cost of informing the authorities). The
costs derived from the 1-way rental expenditure would be almost completely
eliminated allowing saving of EUR 408 million annually. An increase in demand
could be expected that would generate an additional annual profit of EUR 188
million. They would also be able to move their fleet freely, which would imply
a profit of around EUR 15 million annually. ·
Sub-option 2c (the holder should inform the
Member State to which he/she moves his/her residence): the time necessary for the procedure would be significantly
reduced because the procedure is limited to an information mechanism of the
Member State of destination. This option would significantly reduce the
administrative costs resulting from the process for the different actors. It is
assumed that the time (and derived costs) used to inform the authorities would
be a bit longer than in the previous option, because the operator will be
dealing with an administration that is different from its own[37].
The time spent by public authorities on the procedure would also be reduced
compared to the baseline scenario. Administrative costs for citizens and for
businesses would be EUR 40 million and for public authorities EUR 44 million.
Therefore the savings in terms of reduction of administrative costs for
citizens and for businesses would be EUR 1,360 million and for public
authorities EUR 56 million, which totals EUR 1,416 million annually. The loss
of profits would also be eliminated because the vehicle could in theory be used
without interruption (savings around EUR 336 million). Car rental companies
would not incur costs presented in the baseline scenario (only in a minimal
cost of informing the authorities). The costs derived from the 1-way rental
expenditure would be strongly reduced allowing savings of EUR 407 million
annually. An increase in demand could be expected that would generate an
additional annual profit of EUR 169 million. They would also be able to move
their fleet freely, which would imply a profit of around EUR 15 million
annually. OPTION 2: THE HOLDER KEEPS HIS/HER REGISTRATION BUT THE TRANSFER TO A NEW HOLDER REQUIRES A NEW REGISTRATION || Estimated annual savings compared to the baseline option (EUR million) || Sub-option 2a || Sub-option 2b || Sub-option 2c Citizens and businesses || 1,400 || 1,359 || 1,360 Public authorities || 100 || 78 || 56 Total administrative costs (A) || 1,500 || 1,437 || 1,416 Profit loss (B) || 336 || 336 || 336 Savings on one-way rentals costs || 418 || 409 || 407 Savings on loss of demand || 202 || 188 || 169 Peak seasonal demand || 16 || 15 || 15 Total additional savings car rental companies (C) || 636 || 612 || 591 TOTAL ( A+B+C) || 2,472 || 2,385 || 2,343 The estimated savings vary between from EUR
2,472 million annually (sub-option 2a) and EUR 2,385 million annually
(sub-option 2b) to EUR 2,343 million annually. 5.4. Option
3: registration in the Member State of the holder of the vehicle and simplified
re-registration 5.4.1.1. Qualitative
assessment This option is as a consequence of the public
consultation, during which 54.9 % of businesses, 69.7 % of
citizens and 41.7 % of public authorities replied that the current
situation could be improved by a new EU system that recognises vehicles already
registered in another Member State (option 2). However, for 23.4% of
businesses, 15.4% of citizens and 16.7% of public authorities this measure
alone would not completely solve the current problems, and should be
accompanied by additional measures. Therefore, option 3 was elaborated in order
to organise mutual recognition in the context of the re-registration procedure. ·
Positive impacts –
Citizens bringing their vehicle into the
country of residence: Under this option citizens
would still have to re-register their motor vehicles when transferring them on
a permanent basis to another Member State. However the re-registration
procedure would be significantly simplified at European level. This would bring
about an important reduction of time wasting for citizens. The legal
uncertainty about where the motor vehicle has to be registered would also be
eliminated. Furthermore clarification will be ensured of when it is required to
register a vehicle in another Member State and of all the detailed documents
that national registration authorities may request for that purpose. By setting
up a European level re-registration procedure, clarifying the role of each
actor, and harmonising the documents that could be requested during such a procedure,
most of the problems that citizens are currently facing when re-registering
their motor vehicles would be solved. Thus the burden of proof on the applicant
would also be automatically removed. This option would have a positive impact
on citizens as it would decrease the administrative burden. –
Cross-border workers: This option would solve the current problem of cross-border workers
as it would entirely eliminate the uncertainty of which Member State the motor
vehicle has to be registered in. –
Market of second-hand motor vehicles: this option would imply a reduction of time and costs for
second-hand motor vehicle traders. The simplification of the registration
procedure would suppose that less time would be needed to complete it. As a consequence
important savings as regards the baseline scenario would be expected. –
Leasing companies and on car-rental
companies: this option would imply a reduction of time
and costs for European companies. By simplifying the procedure we can assume
that less time would be needed to complete it. The time that the fleet would be
non-operational would then be considerably reduced. Therefore important savings
as regard the baseline scenario could be expected. If the re-registration
procedure is considerably shortened that would solve the current problem of
car-rental. Thus car rental companies would be able to temporarily move their
fleet across Europe to reply to peak seasonal demand. –
Registration authorities: This option would have a positive impact on registration
authorities. During the public consultation, registration authorities
highlighted the problems caused by the many differences between the
registration procedures of the Member States. Under this option these
differences and discrepancies would be automatically removed. The detailed list
of registration documents would be harmonised at European level. This would
automatically imply a mutual recognition of documents and an improvement of
mutual trust among registration authorities. In administrative terms, we could assume
that there would be an increase of efficiency and an important simplification
of the re-registration procedure. –
Vehicle crime: This
option would have a very positive effect on the functioning of Council Decision 2004/919/EC on tackling vehicle crime with
cross-border implications since it would imply direct contact between
registration authorities so that it would become extremely difficult to
register a motor vehicle that was stolen in another Member State. ·
Negative impacts could not be identified. ·
Neutral impacts: –
Taxation: this
option does not seem to have an impact on tax revenue from the point of view of
the loss of tax revenue or from that of the practical applications of tax rules
of Member States. However, as de-registration would no longer be required,
there is a risk that the application of the refund mechanism for registration
taxes would be rendered more difficult. –
Traffic enforcement: This option would not have any impacts on traffic enforcement. –
Road safety and motor vehicle insurance: This option would not have an impact on road safety or on motor
vehicle insurance. 5.4.1.2. Reduction
of administrative costs The administrative costs would be reduced
because this option would eliminate the need for de-registration and would reduce
the time and costs needed for re-registration. In the short term public
authorities would still have to do the de-registration procedures[38].
The cost
per vehicle would be €145 for citizens and businesses and €13 for public
authorities. The administrative costs for
citizens would be EUR 510 million for citizens and businesses and EUR 47
million for public authorities, which makes a total of EUR 557 million
annually. Therefore, this option would result in savings of EUR 943 million
annually. One can assume that the whole duration of the procedure would be
shorter (up to 2 weeks instead of 5 weeks). Therefore, the time the car is
unused will also be shorter. Profit loss would be EUR 112 million. This would
imply savings of EUR 224 million annually. If the procedure is simple enough it
might help car rental companies to solve the problems they face with
peak demands. This would imply profits of EUR 4 million. The other costs from
the baseline scenario would remain. OPTION 3: REGISTRATION IN THE MEMBER STATE OF THE HOLDER AND SIMPLIFIED RE-REGISTRATION || Estimated annual savings compared to the baseline option (EUR million) Citizens and Businesses || 890 Public authorities || 53 Total administrative costs (A) || 943 Profit loss (B) || 224 Savings on one-way rentals costs || 0 Savings on loss of demand || 0 Peak seasonal demand || 4 Total additional savings car rental companies (C) || 4 TOTAL ( A+B+C) || 1,171 This option would allow savings estimated
at EUR 1171 million annually. 5.5. Option
4: Registration in the Member State where the motor vehicle is primarily used
and simplified re-registration 5.5.1. Qualitative
assessment The rationale behind this option is that the
motor vehicle would be registered in the Member State where the vehicle
primarily uses the road infrastructure. This option is a variant of option 3
which was developed as a consequence of the public consultation during which
23.4% of businesses, 15.4% of citizens and 16.7% of public authorities
suggested additional measures to organise the mutual recognition of
registration certificates. The difference between options 3 and 4 is that the
former is inspired by the case-law of the Court of Justice on free movement of
goods while the latter is very much inspired by the case-law on free movement
of persons and services. According to this case-law, a Member State may impose
an obligation to register a motor vehicle leased by a worker living in that
Member State from a company established in another Member State where that
vehicle is intended to be used essentially in the first Member State on a
permanent basis or where it is, in fact, used in that manner. However, the
concepts of ‘essential use on a permanent basis’ or ‘actual use on a permanent
basis’ are not elaborated in the jurisprudence and depend mainly on a case-by-case
assessment. ·
Positive impacts: –
Car-rental companies: The impacts of this option would be positive for car-rental
companies which operate a cross-border fleet management, since they could move
a part of their fleet to another Member State without de- and re-registration.
In their case, the notion of ‘essential use on a permanent basis’ could be
connected to the place from which the vehicles are rented. –
Traffic enforcement: This option would have positive impacts on traffic enforcement.
The registration of the motor vehicle in the Member State where that vehicle is
intended to be used essentially on a permanent basis would facilitate the
recording and processing of traffic violations and make drivers or vehicle
holders accountable for the violations. ·
Negative impacts: The main difficulty of this option is its vagueness and the
difficulties that it may cause in practice, especially for persons or
businesses that would use vehicles in different Member States. The concepts of
‘essential use on a permanent basis’ or ‘actual use on a permanent basis’ would
need further clarification and a very precise definition. –
Citizens: This option is fairly easy to
apply to citizens bringing their vehicle into the country of residence which,
in most cases, will also be the Member State where that vehicle is intended to
be used essentially on a permanent basis. Yet, this option has no positive or
negative impacts on them since it corresponds to the current situation.
However, it would cause severe difficulties for citizens who live a part of the
year in one Member State and the other part in another Member State. Both
Member States could then argue that the motor vehicle is essentially or
actually used on a permanent basis on their territory and requires registration
by them. –
Cross-border workers: The vagueness and
the practical difficulties, and the corresponding administrative burden, would
cause a negative impact on them. They could argue that the essential use is
situated in the Member State where they work or in the Member State where they
live, as they see fit. Obviously, both Member States directly concerned could
argue differently. One would have to assess, in each individual case, if a car
is mainly used for private or professional purposes, and if home-office
commutes count as professional or private use. This assessment would already be
very challenging for people who work full-time in another Member State than the
one where they live, but could become extremely complicated in other cases, in
particular for people employed in another Member State in work which is not
their principal employment and who use for business or private purposes a
company vehicle registered in the other Member State where their employer’s
undertaking is established. –
Employers: This option
would have a similar negative impact on employers established in another Member
State than their employee and who provided them with a company car registered
in the country of the employer; the latter would face the same problems in their
Member State. –
Leasing companies:
Likewise, this option would have a negative impact on leasing firms which would
be obliged to register the motor vehicle in the Member State of the client or,
where the client is an employer providing a car to a cross-border worker, in
one of both Member States. –
Car taxation:
The number of de- and re-registrations would diminish thus leading to a
reduction of registration taxes. It is impossible to assess the impact on
circulation taxes. ·
Neutral impacts: –
Registration authorities: This option would have a neutral impact on registration
authorities who, on the one hand would see a decrease of their workload, and on
the other hand, would be faced with an increasing number of information
requests from cross-border workers, employers wishing to provide a company car
to employees living in another Member State, and leasing firms. –
This option would have no impact on vehicle
crime or motor vehicle insurance. 5.5.2. Reduction
of administrative costs The quantitative impacts would be identical to
those of option 3: OPTION 4: REGISTRATION IN THE MEMBER STATE WHERE THE VEHICLE IS PRIMARILY USED AND SIMPLIFIED RE-REGISTRATION PROCEDURE || Estimated annual savings compared to the baseline option (EUR million) Citizens and Businesses || 890 Public authorities || 53 Total administrative costs (A) || 943 Profit loss (B) || 224 Savings on one-way rentals costs || 0 Savings on loss of demand || 0 Peak seasonal demand || 4 Total additional savings car rental companies (C) || 4 TOTAL ( A+B+C) || 1,171 This option would allow savings estimated
at EUR 1,171 million annually. 5.6. Option
5: Optimising the electronic exchange of information among national
registration authorities This option does not envisage the establishment
of a new electronic network but the use of an updated version of EUCARIS[39]
which provides a direct point-to-point architectural model to exchange
information on license plates and registered cars. This option only concerns
the exchange of information for the purpose of re-registration in another
Member State. During the public consultation, 95.8% of public
authorities supported a shared system, linking the different registration
authorities in every Member State, which would ensure effective exchange of
vehicle data and technical registration information. However, some concerns
were expressed as to the timing and costs of introducing such a system. For 80%
of citizens and 51% of businesses improving communication and information
sharing between national registration authorities would properly address the current
problems, though not all consider that this alone would solve the problems. It
is worth noting that over 40% of the businesses did not answer the question.
The Council invited the Member States already to accede to the EUCARIS Treaty
‘in order to be able to detect stolen vehicles with forged identification
numbers by making use of non-existent vehicle identification numbers or the
identification papers of seriously damaged vehicles.’[40] ·
Positive impacts: –
Citizens bringing their vehicle into the
country of residence: This option would have a
positive impact on this group since it would certainly decrease the
administrative burden for citizens, since the registration authorities would be
able to find the missing vehicle data in the system. They would therefore not
have to request this data from the person seeking the re-registration. –
Registration authorities: This option would certainly have a very positive impact on
registration authorities since it would increase the efficiency and
effectiveness of their operations while providing them with sufficient
guarantees about the reliability of the data. During the public consultation,
95.8% of public authorities indicated that they encountered problems when
contacting their colleagues in other Member States. This option would have no
additional budgetary impact as one of the existing systems would be used. –
Vehicle crime: This
option would have a very positive effect on tackling
vehicle crime with cross-border implications since registration authorities would
be immediately informed about the theft, in another Member State, of a motor
vehicle that is presented to them for registration. Consequently, it would
become extremely difficult to register a motor vehicle that was stolen in
another Member State. –
Market of second-hand motor vehicles: this option would imply a reduction of time and costs for
second-hand motor vehicle traders. The simplification of the registration
procedure would a major step forward since many controls and inspections would
be abolished. As a consequence important savings as regards the baseline
scenario would be expected. ·
Negative impacts could not be identified. ·
Neutral impacts on cross-border workers, leasing companies and car-rental
companies, car taxation, traffic enforcement and motor vehicle insurance. 5.6.1. Reduction
of administrative costs The administrative costs would be slightly
reduced because we assume that there would be a small reduction in the
effective time[41] for re-registration for
citizens, businesses and authorities. The administrative costs would be of EUR
1,267 million for citizens and businesses and EUR 71 million for public
authorities, which makes a total of EUR 1338 million annually. This would
result in a reduction of around EUR 162 million annually in administrative costs.
The assumption is that the duration of the re-registration procedure would be
shorter (up 3 weeks instead of 5 weeks). Therefore the time the car is unused
will also be shorter. This would imply savings of EUR 112 million. The same
costs currently incurred in the baseline scenario would remain. OPTION 5: IMPROVING THE EXCHANGE OF INFORMATION || Estimated annual savings compared to the baseline option (EUR million) Citizens and Businesses || 133 Public authorities || 29 Total administrative costs (A) || 162 Profit loss (B) || 112 Savings on one-way rentals costs || 0 Savings on loss of demand || 0 Peak seasonal demand savings || 0 Total additional savings car rental companies (C) || 0 TOTAL ( A+B+C) || 274 This option would allow savings estimated at
EUR 274 million. Member States would have to pay a financial
contribution for improving the exchange of information system. As a reference
of a system for exchange of information already functioning, the current annual
budget of the EUCARIS financed by contributions from Member States amounts is slightly
more than €600,000. This includes all costs, operating costs and software
development costs[42]. At present different
countries are using different modules of the system. Currently there are 30
connections to EUCARIS: 14 countries in the EUCARIS Vehicle and Driving
Licence information user group, 27 countries in the Prüm user group, 5
countries in the Vehicle Holder information user group and 2 countries in the Mileage
user group. Therefore, if all EU Member States used a similar system to
exchange information under option 5, the total necessary budget could be
estimated at around €1,000.000 per year for all Member States together. 6. Comparing
the options 6.1. Public
consultation During the public consultation, stakeholders
were invited to rank the proposals in order of preference. While public authorities
and businesses give preference to improving communication and information
sharing between authorities (option 5), the first choice for the majority of
citizens is an EU system for mutual recognition of registration (option 2). || Citizens || Business || Public authorities Option 1 (European document containing all the necessary information) || 34.6 % || 25.6 % || 33.3 % Option 2 (EU system for mutual recognition of registration || 54.7 % || 15.9 % || 29.2 % Option 5 (Improving communication and information sharing between authorities) || 10.7 % || 58.5 % || 37.5 % 6.2. Administrative
burden The impacts of the various options on the
reduction of the administrative burden can be summarised as follows: Options || 1 || 2a || 2b || 2c || 3 || 4 || 5 Citizens and Businesses || 1400 || 1400 || 1359 || 1360 || 890 || 890 || 133 Public authorities || 100 || 100 || 78 || 56 || 776 || 53 || 29 Total administrative costs (A) || 1,500 || 1,500 || 1,437 || 1,416 || 943 || 943 || 162 Profit loss (B) || 336 || 336 || 336 || 336 || 224 || 224 || 112 Savings on one-way rentals costs || 418 || 418 || 409 || 407 || 0 || 0 || 0 Savings on loss of demand || 202 || 202 || 188 || 169 || 0 || 0 || 0 Peak seasonal demand savings || 16 || 16 || 15 || 15 || 4 || 4 || 0 Total additional savings car rental companies (C) || 636 || 636 || 612 || 591 || 4 || 4 || 0 TOTAL ( A+B+C) || 2,472 || 2,472 || 2,385 || 2,343 || 1,171 || 1,171 || 274 The baseline scenario generates significant
administrative costs and other costs for citizens, companies and public
authorities. From this perspective all options would lead to a significant
improvement of the situation and a reduction of costs (especially
administrative burden) for all involved actors in a different degree. 6.3. Comparison
of the qualitative impacts The qualitative impacts of the options can be
summarised as follows in this qualitative comparison table[43]: Options || 1 || 2a || 2b || 2c || 3 || 4 || 5 Target groups || Citizens transferring residence || + || + || + || + || + || 0 || + Second-hand market || + || 0 || 0 || 0 || + || 0 || + Cross-border workers || + || + || + || + || + || - || 0 Leasing firms || + || + || + || + || + || - || 0 Car-rental firms || + || + || + || + || + || + || 0 Registration authorities || + || + || + || + || + || 0 || + Other impacts || Roadworthiness checks || - || - || 0 || 0 || 0 || 0 || 0 Traffic enforcement || - || - || 0 || 0 || 0 || + || 0 Motor insurance || - || - || - || - || 0 || 0 || 0 Taxation issues || - || - || - || - || 0 || 0 || 0 Vehicle crime || - || 0 || 0 || 0 || + || 0 || + + = positive impact - = negative impact 0 = neutral impact The table shows that none of the options
addresses all problems. 6.4. Comparison
of all impacts A comparison of the quantifiable and the
non-quantifiable impacts leads to the following results, compared to the
baseline option: Comparison of all impacts Options || 1 || 2a || 2b || 2c || 3 || 4 || 5 Savings (millions €) || 2,472 || 2,472 || 2,385 || 2,343 || 1,171 || 1,171 || 274 This leads to the preliminary finding that all
options lead to considerable savings but also that, notwithstanding those
savings, options 1, 2a, 2b and 4 show very important negative impacts,
especially as regards motor insurance and car taxation. Therefore, it is recommended to select only the
policy options that present only positive and neutral impacts, namely: ·
Option 3: registration in the Member State of the holder of the vehicle and simplified re-registration. ·
Option 5: Optimising the electronic exchange of
information among national registration authorities. The combination of options 3 and 5 would create
relatively high savings of at least EUR 1.445 billion and would at the same
time have a positive or neutral impact on all target groups. 6.5. Sensitivity
analysis This impact assessment contains several
assumptions. In some cases, assumptions and extrapolations were needed to
complete data series with missing data points. In other cases, assumptions were
needed to run the quantitative analysis of policy options. To verify whether
results are robust to changes in the assumptions, a sensitivity analysis has
been carried out. For the most important assumed variables ( number of de- and
re-registrations, leasing rate, one-way cross border transactions and
elasticity of demand of cross-border rentals), calculation of total net savings
has been re-run based on lower and higher values. The number of de- and re-registrations is
considered as a very conservative estimate (3.5 million). This is due to reporting
thresholds under which the economic operators do not have to report.
Additionally, there are cars that cross EU borders without complying with the
registration formalities. However, it is a fact that part of the vehicles
transferred to another Member State would be sold immediately in the country of
destination (second hand car trade). These cars would not benefit from the
savings derived from option 2 because they would need to be re-registered in any
case due to the fact that the ownership changes. However, there are no
available statistics showing the percentage that these vehicles represent in
the total picture. Therefore, to take this into account the savings values have
been recalculated with lower and higher figures of vehicles re-registered (see
detailed figures in annex 4 point 8.4.2.6). Leasing rate is used as a proxy for
the opportunity cost of capital. Savings have been recalculated assuming lower
and higher values. The number of one-way cross border transactions is estimated
by the car sector in 837,000 per year. Saving values have been recalculated
assuming lower and higher values. The demand for cross border rental is considered inelastic assuming
an elasticity of 0.50. Savings have been recalculated
assuming lower and higher values. In any case, the ranking of the combination of options
remains the same under each variation, although absolute values of savings
vary. 6.6. Form
of the legislative instrument A regulation, being directly applicable upon
Member States, would achieve a very high degree of harmonisation of the rules
on the registration of motor vehicles that were already registered in another
Member State, without the need for transposition into different national laws.
It would also eliminate the need for defining criteria for the applicable law
in cross-border situations in which the question arises where the motor vehicle
should be registered, as the regulation would be the applicable law across
Member States. Since the legislative instrument would only apply to
cross-border situations within the EU, a regulation would ensure legal
certainty and simplification within the internal market. Considering that the
current cost of legal fragmentation, only in terms of administrative burden, is
incurred by citizens and economic operators operating across borders, a regulation
would have the effect of cutting such costs and drastically simplifying the
regulatory environment. Furthermore, a regulation is a more effective
instrument for organising the electronic exchange of information among national
registration authorities. A very detailed Directive, further harmonising
the applicable rules and reducing the room for manoeuvre left to Member States,
could also help substantially in cutting the costs and administrative burden in
the baseline scenario due to fragmentation. However, this would not eliminate
the need for transposition by Member States and the differences in national
transposition laws that this might entail. Moreover, there would always be the
risk for "gold-plating" from Member States. 7. Monitoring
and evaluation The different problems outlined in this impact
assessment are not yet subject to secondary EU law. Therefore, they are
governed by the provisions of the TFEU. The different national systems and the
problems encountered by citizens and businesses are very different, especially
for vehicles that were previously registered in another Member State.
Considering these wide differences and the abundant jurisprudence of the Court
of Justice, a specific evaluation of all existing vehicle registration systems
for motor vehicles previously registered in another Member State was not made. Therefore, it is important to put in place a
coherent monitoring and evaluation scheme without, however, creating an
additional administrative burden for citizens, businesses and national
registration authorities. In addition, there are hardly any precise statistics
about certain target groups directly affected by the current problems on motor
vehicle registration, especially on citizens transferring their vehicles across
borders or about the second-hand market. There are also no precise statistics
about the number of problems encountered by people who encountered problems
when they used a motor vehicle registered in another Member State, and about
the amount of difficulties and the time required for re-registration in another
Member State. However, the ‘EUCARIS’ software application delivers statistics
that could be used as indicators. It is suggested to use the following indicators
and monitoring methods in view of an evaluation of the legislative instrument,
within four years following the deadline for its implementation: Who was affected by the problems? || Indicators/ method for monitoring Citizens purchasing a second-hand motor vehicle in another Member State || - Number of complaints; - Number of SOLVIT cases; - Number of court cases; - Number of requests to the European Consumers Centres; - Number of re- and de-registrations; -Public consultation in particular on administrative burdens Citizens moving to another Member State with their vehicle Citizens living part of the year in another Member State Citizens working across borders with a company car Leasing and car-rental enterprises || Survey specifically addressed to this sector National registration authorities || Survey specifically addressed to national registration authorities All target groups || EUCARIS statistics. 8. Annexes 8.1. Annex
1: Public consultation and surveys 8.1.1. Results
of the public consultation 8.1.1.1. General
overview The public consultation on a future initiative
concerning the registration of motor vehicles previously registered in another
Member State was held between 3 March and 26 May 2011 by DG Enterprise and Industry
(DG ENTR)[44]. An online
questionnaire, hosted on the European Union’s website, was open to various
categories of stakeholders. Tailor-made questionnaires for different categories
of stakeholders — citizens, businesses and public authorities — were available
in all 22 EU official languages. Information on the public consultation was
published on several websites[45] and promoted through
business networks, e.g. Enterprise Europe Network; E-Reg network, Industrie-
und Handelskammer Frankfurt am Main (IHK), Leaseurope network and G+europe,
with a view to reaching as many interested parties as possible. There were 828 respondents to the public
consultation. The vast majority of replies came from citizens (78 %),
followed by business organisations (19 %) and public authorities (3 %)
(see Figure 1). Figure
1: Contributions by
category of stakeholders Of the 651 replies received from citizens,
most were from Poland (16.4 %), Slovakia (15.9 %), France (11.4 %),
Finland (9.6 %), Belgium (8.6 %) and Germany (5.9 %). Of the 151 replies received from businesses
(143 replies via the public questionnaire and 8 submitted as separate
contributions), the majority were submitted by businesses selling second-hand
vehicles (49.0%), followed by leasing companies (2.1 %), car rental
companies (0.7 %), and other types of businesses (35.0 %). No
contributions were received from businesses in 9 Member States. As regards
geographical distribution, most replies were from Austria (61), France (15),
Poland (16), Slovakia (14), Netherlands (10) and Germany (9). Only 26 replies (3 % of the total) were
submitted by public authorities, namely 14 central public authorities
and 12 local or regional public authorities (23 replies via the public
questionnaire and 3 replies via e-mail). The largest proportion of
contributions was from regional public authorities in Germany (12). Figure 2: Contributions by category of stakeholder
and Member State of origin Respondents in all stakeholder categories
generally welcomed the public consultation. A large majority supported a
possible future initiative by the Commission to simplify and facilitate
formalities and conditions for the registration of motor vehicles previously
registered in another Member State. 8.1.1.2. Results Figure
3: Number of
applications to register new vehicles received in the past 12 months Public authorities were invited to provide both
the number of applications for the registration of new vehicles and the number
of applications for re-registering previously registered vehicles. Figures indicate that the public authorities in
the Member States deal each year with a considerable number of applications for
the registration of both new vehicles and vehicles previously registered in
another Member State. Figure
4: Number of
applications to register vehicles that were previously registered in another
Member State received in the past 12 months Question 1: Have you had (procedural) problems when registering vehicles
that were previously registered in another Member State? Re-registration of a vehicle posed problems for
a significant majority of citizens, but also for many businesses. The variation
in the case of the latter is most probably due to a large number of identical
answers from Austria. The figure for public authorities (95.8 %)
indicates that almost all faced several procedural problems when requested to
register a vehicle previously registered in another Member State. Question 2: What problems did you have[46]? Citizens and businesses were requested to
specify the types of problems encountered. The figures in the table below are
comparable for both categories of stakeholders, thus indicating recurrent
problems. Apart from the listed problems, high
registration taxes (Denmark), additional recycling fees (Poland), and problems
with proving the identity of historic vehicles (Belgium, the Netherlands) were
also mentioned. || Problem || Citizens || Business 1 || The vehicle reg. authorities required additional technical checks or certificates || 67.9 % || 69.5 % 2 || The registering country required a new roadworthiness test, even though the vehicle had passed one in another EU country || 54.3 % || 50.8 % 3 || Long and complicated procedures || 81.6 % || 67.8 % 4 || Differences in registration requirements between countries || 44.7 % || 37.3 % 5 || A valid EU type-approval certificate was not recognised by reg. authorities in the receiving country || 17.3 % || 13.6 % 6 || The vehicle was not EU type-approved (new type approval requested) || 18.2 % || 20.3 % 7 || Required to submit an EU type-approval certificate || 20.7 % || 11.9 % 8 || Unable to temporarily transfer a vehicle from one EU country to another || 12.4 % || 18.6 % 9 || Required to supply technical information you did not have || 26.7 % || 32.2 % 10 || The authorities did not recognise some of the technical documentation submitted || 15.2 % || 30.5 % 11 || The authorities refused requests to have the vehicle registered there || 8.8 % || 27.1 % 12 || Other || 25.4 % || 18.6 % For public authorities, the main problems
relate to differences between Member States in registration procedures and to
the exchange of information required for re-registering motor vehicles. In
addition, not all Member States de-register motor vehicles automatically after
receiving notification, and this leads to even longer and more complicated
re-registration procedures for all concerned. Therefore, standardisation of the
information exchanged could constitute part of the solution. Question 3: What is the effect of these problems[47]? Registration problems have a negative impact on
citizens and businesses. Long procedures (for 77.8 % of citizens and 83.1 %
of businesses) and extra costs (for 86.5 % of citizens and 81.4 % of
businesses) are identified as the main effects, with 50.8 % of businesses
being discouraged from transferring cars from one Member State to another. For
55.9 % of the businesses consulted, the problems identified under question
2 above seriously affect productivity. For 64.4 %, they also affect
growth. Finally, 23.7 % of citizens and 28.8 % of businesses stated
that, in the end, they could not register a vehicle in the Member State concerned. Effects of the problems || Citizens It creates extra costs || 86.5% The procedure takes too long || 77.8% In the end, you can not register vehicle || 23.7% It discourages you from transferringyour car in the EU || - It affects the productivity of your business || - It affects the growth of your business || - Other || - As regards businesses: Effects of the problems || Business The procedure takes too long || 83.1% It creates extra costs || 81.4 % It affects the growth of your business || 64.4 % It affects the productivity of your business || 55.9 % It discourages you from transferringyour car in the EU || 50.8% In the end, you can not register vehicle || 28.8 % Other || 13.6 % Question 4: What causes these additional costs[48]? According to the contributions received, most
additional costs are generated by requests to undergo additional checks and
tests (83.2 % of citizens, 81.2 % of businesses), to translate
documents (52.1 % of citizens, 50.0 % of businesses) and to contact
the manufacturer for additional technical information (41.5 % of citizens,
41.7 % of businesses). Citizens and businesses estimated the
additional costs as ranging from EUR 200 – 400 in some Member States
(France, Poland, Germany) to as much as EUR 10 000 in the
Scandinavian countries. Question 5: Are problems with vehicle registration creating obstacles to your
commercial choices and /or everyday life? Two out of three citizens consider that
problems encountered when transferring a car from one Member State to another
result in obstacles to choice. Question 6: When one of the problems listed in the previous questions arises, do
you contact the registration authorities in the EU country where the car was
previously registered to get more information? Three quarters of the public authorities say
they contact the registration authorities in the Member State where the motor
vehicle was previously registered in order to get information needed for
re-registration. However, only one quarter of the public
authorities always contact their counterparts in another Member State in such
cases. Question 7: Do you have problems when contacting registration authorities in
other EU countries? Most public authorities frequently face
problems when contacting registration authorities in other Member State. 95.8 %
of public authorities state they have encountered problems. Question 8: What are these problems[49]? The main problems mentioned by public
authorities are identification of the competent public authority in the other
Member State (27.1 %), not being given the required information (25.0 %),
late reply from the counterpart (25.0 %), their counterparts did not have
the information requested (12.5 %) . 10% of the public authorities pointed at other
problems. Types of
problems Question 9: In your view, is the current system for sharing information between
registration authorities in different countries very
good/good/average/unsatisfactory/very unsatisfactory? Almost 60 % of the public authorities
consider the current system for exchanging information to be unsatisfactory.
This figure indicates the importance of tackling the issue of exchanging and
sharing information between registration authorities in the EU, in order to
facilitate the overall re-registration procedure by decreasing its duration and
cost. In separate written contributions, public
authorities from the Netherlands, Ireland and Germany specifically identified
EUCARIS (the European Car and Driving Licence Information System) as a useful
and practical tool to improve communication and information exchange between registration
authorities. Question 10: Are you aware of the existence of any centralised or local
databases? In general, most public authorities (70.8 %)
are aware of the existence of centralised or local databases. However, it
should be noted that almost one third do not know of such databases, which is
bound to affect the duration of the overall re-registration procedure and its
effectiveness. Question 11: If so, have you ever used the database(s) when dealing with an
application to register a vehicle previously registered in another EU country? 58.3 % of the public authorities aware of
the existence of databases stated that they make use of them, but the overall
figure is not encouraging and reflects a need to improve communication and
information exchange. Moreover, the respondents also admit there is still room
for improving their effective use (see also question 12). Question 12: Do you think this method is effective? The majority of public authorities that use the
databases available consider them to be a very effective tool, significantly
facilitating their work. It is worth noting, however, that 41.7 % of
public authorities did not reply to this question. Question 13: How long did the registration procedure take in the receiving
country? Replies from citizens and businesses illustrate
a large variation in the duration of registration procedures. Thus, almost half
of the consulted citizens said registration took more than 1 month. The figure
for businesses is similar (for 27.1 %, registration took over 1 month and
for 13.6 % more than 2 months). It is worth noting that almost 60% of
businesses and 30% of citizens did not reply to this question. The respondents were given the opportunity to
express their view on a possible EU action to improve the current situation, as
well as their preference on different proposals. Question 14: Should action be taken at EU level to improve the situation? As shown in the table below, for all categories
of stakeholders, a significant majority believe that action should be taken at
EU level to improve the current situation. Most importantly, all public
authorities that contributed to the consultation are in favour of action been
taken at EU level. Question 15: Could the situation be improved by a new EU system that recognises
vehicles already registered in another EU country? 54.9 % of businesses, 69.7 % of
citizens and 41.7 % of public authorities replied that the current
situation could be improved by a new EU system that recognises vehicles already
registered in another Member State. For 23.4% of businesses, 15.4% of citizens and
16.7% of public authorities this measure alone would not completely solve the
current problems, and should be accompanied by additional measures. In the case
of Austria, the majority of stakeholders (70 %) considered that this issue
should preferably be addressed through national legislation. || || Citizens || Business || Public authorities Yes, definitely || 69.7 % || 54.9 % || 41.7 % Yes, it could help although the problem would not be totally solved || 12.0 % || 13.4 % || 16.7 % Yes, but only if combined with other measures || 15.4 % || 23.2 % || 16.7 % No, it would not improve things || 0.4 % || 2.4 % || 8.3 % No, it could create administrative problems between different countries || 0.2 % || 1.2 % || 0.0 % No, it could create conflicts with national registration requirements || 0.3 % || 1.2 % || 4.2 % Do not know || 1.8 % || 3.7 % || 12.5 % N/A || 7.7 % || 42.7 % || 0.0 % Question 16: Would it be useful to introduce an EU registration certificate,
which would not need to be replaced when a vehicle is transferred from one
Member State to another? A significant majority of stakeholders would
like to see an EU registration certificate: 87.7 % of citizens, 52.4 %
of businesses and 79.2 % of public authorities. Moreover, they welcome the idea that this new
certificate would not need replacing when a vehicle is transferred between
Member States and would contain all the necessary technical and personal
information in a unique format, recognised in all Member States. Question 17: Would the situation be improved by a shared system linking the
different registration authorities in every EU country and enabling them to
exchange vehicle data and technical registration information? A vast majority of public authorities supported
a shared system, linking the different registration authorities in every Member
State, which would ensure effective exchange of vehicle data and technical
registration information. However, some concerns were expressed as to the
timing and costs of introducing such a system. Question 18: Could problems be solved by improving communication and information
sharing between national registration authorities? For 80% of citizens and 51% of businesses
improving communication and information sharing between national registration
authorities would properly address the current problems, though not all
consider that this alone would solve the problems. It is worth noting that over
40% of the businesses did not answer the question. Question 19: Would
it help your business if we introduced a temporary authorisation for
transferring vehicles already registered in one EU country, provided they are
used for commercial purposes (e.g. car rental, leasing)? 40.2 % of businesses would welcome the
introduction of temporary registration for businesses at EU level, given that
registration procedures vary from one Member State to another, resulting in
legal uncertainty. However, for a significant number of businesses (30.5%) a
temporary authorisation for transferring vehicles would be of no help. Please estimate by how much: 36.4 % of businesses in favour of
temporary registration for businesses at EU level[50]
expect this to help their business in 50 % or more of cases and for 6.1%
of them only in up to 45% of cases. Question 20: Please rank the following proposals in order of preference Following on from questions 14-16, stakeholders
were invited to rank the proposals in order of preference. While public
authorities and businesses give preference to improving communication and
information sharing between authorities, for the majority of citizens the first
choice is an EU system for mutual recognition of registration. Worth observing is that, while the preferences
of public authorities are evenly balanced between the three proposals, for
citizens and businesses the preference is strong for their respective first
options. || Citizens || Business || Public authorities Improving communication and information sharing between authorities || 10.7 % || 58.5 % || 37.5 % European document containing all the necessary information || 34.6 % || 25.6 % || 33.3 % EU system for mutual recognition of registration || 54.7 % || 15.9 % || 29.2 % Some public authorities included additional
comments when answering the questionnaire. An important point relates to the
need to improve the system for the detection of stolen vehicles in the EU to
tackle illegal cross-border vehicle trafficking, considering the magnitude of
the phenomenon (approx. 800 000 vehicles a year are stolen in the EU).
Furthermore, problems could arise with registering motor vehicles built and
designed in series for third country markets where requirements are less strict
than in the EU (e.g. lower safety and environment performance). 8.1.1.3. Conclusion
and subsequent steps A conference on the re-registration of vehicles
previously registered in another Member State was held on 21 June 2011 in
Brussels. The conference was well attended by stakeholders (including
businesses and the European association of national registration authorities)
from 22 Member States. One of the objectives of the conference was to present
the preliminary results of the public consultation on car registration. It also
provided a forum for debate and exchange of information between the different
stakeholders. The Commission presented the preliminary results of the public
consultation and the conclusions of the impact assessment preceding adoption of
a future instrument by the European Commission. The main issues raised by participants
from Member States concerned: the need to improve and standardise the exchange
of information between national authorities; the importance of a traceable
legal status for vehicles (including for stolen and scrapped vehicles); the
proper use of existing databases (e.g. EUCARIS); the need to improve Commission
supervision and enforcement of existing EU legal instruments; the importance of
harmonised certificates for vehicles, from placing on the market to end of
life; the need to harmonise the registration procedure at EU level in order to
resolve certain problems that create obstacles. Businesses mainly called for facilitating the
temporary transfer of vehicles in order to meet seasonal demands and to ensure
the genuine free movement of goods and services. According to the contributions received during
the public consultation and the conference, consideration should be given to
simplification of the formalities and facilitation of the requirements for the
registration of motor vehicles in the EU and action should be taken at EU
level. 8.1.2. Survey
of national registration authorities During the first semester of 2011, national
registration authorities were consulted by an external contractor on the
following policy options to simplify the formalities and conditions for the
registration of motor vehicles previously registered in another EU Member
State: –
Option 1: no policy change; –
Option 2: an improvement of the implementation
of the existing EU law through additional guidance and enhanced administrative
cooperation (for example through increased efforts to establish common IT
solutions); –
Option 3: self and co-regulation by the
registration authorities in view of an agreement on common registration
principles facilitating the permanent intra-EU transfers of motor vehicles; –
Option 4: an amendment of Council Directive
1999/37/EC on the registration documents for vehicles and/or Council Regulation
(EC) No 2411/98 on the recognition in intra-EU traffic of the distinguishing
sign of the Member State in which motor vehicles and their trailers are
registered, in view of an automatic recognition, throughout the EU, of the
registration issued in another Member State; –
Option 5: a new legislative instrument on motor
vehicle registration in the EU, setting out the conditions for the national
registrations of motor vehicles and the subsequent rights and obligations of
drivers and national authorities, including the establishment of a European
registration certificate, issued by national licensing authorities. The national authorities were asked which of
the abovementioned policy options they preferred. The results were the following: Member State || Preferred policy option(s) || Reason why || Expected benefits Austria || 1 || || Belgium || 2, 4 and 5 || Harmonisation of European rules || Time and cost savings Bulgaria || 5 || Reduction of disparities in registration of motor vehicles in the EU and creation of facilities re-registrations || Ease of activities national authority and time reductions for citizens and businesses Czech Republic || 2 || Harmonise the process to EU standards || Reduce the administrative burdens for "both sides of the counter". Germany || 5 || || Denmark || political issue || || Estonia || 2 || Security and speed || Client services take less time and improve their convenience Finland || 2 || Existing solutions can be used (EUCARIS), which is the quickest and safest solution || Requires more thorough analysis and more information Hungary || 1 || Cannot support options 4 and 5 because of the importance of registration tax. Ireland || every policy option has its pro's and cons. || It is important to note that much work is done by EReg, for example the development of EUCARIS. This work has to be supported. As for the other options they require extensive consultation and close cooperation and unanimous agreement. || New initiatives distract national authorities and expose them to unnecessary expenses and may not address the issues they have. Italy || 5 || Reduction of the number of re-registrations, time saving for national authorities and also for citizens and businesses || Reduction of the number of re-registrations, time saving for national authorities and also for citizens and businesses Lithuania || 2 and 3 || Would simplify motor vehicle re-registration procedures in other Member States. || Reduce administrative work for the national authority. Luxembourg || 2, 3, 4 and 5 || Could be used with pragmatism, progressively and with common sense to keep control of the responsibilities involved in car registrations || Simplifications and costs savings Latvia || 2 || Current administrative system is sufficient enough. Plus involvement of all EU Member States in the EUCARIS system || Changes improve the combat of all kinds of fraud including stolen vehicle registered in other Member States. Malta || 2 || Agrees with this policy option || - Netherlands || 2 and 3 || To reduce the administrative burdens of citizens and businesses. Connection to the existing system (EUCARIS) is quick and would be relatively cheap. || When the decision is taken to use EUCARIS, the use of this system has to become an obligation. Such a system only has advantages/benefits for all stakeholders. Poland || 5 || To improve the current situation, simplification. Consequences: change to EU and national laws, leads to burdens for administrations, but can give benefits for citizens and businesses. || Depends on final solutions taken in European and national laws, at this moment in time difficult to evaluate the costs. Romania || 5 and until adoption option 2 || To make the registration certificates and procedures in the EU Member States uniform. || Benefits: better public services and time saving. Disadvantages: probably some IT investments. Sweden || 1 || The current system in Sweden is a good one, but it is good to do more at EU level to harmonise the rules and administrative cooperation. It is also necessary to remember that it is important to fight fraud and criminality. || - Slovenia || 5 || Harmonise the procedures in the EU || Less burdens for citizens when selling vehicles to other Member States Slovakia || 2 || Want to stress the existing relatively high requirement referring to re-registration as we want to avoid becoming a target country for old technically underperforming vehicles that can cause problems. || - United Kingdom || 1 || Current procedures are satisfactory and changes could mean unwanted costs for the taxpayer and for vehicle manufacturers. || Implementation of any policy changes would result in increased administrative and expensive IT systems development costs as well as potentially placing a greater burden on customers and business. Two national authorities did not know exactly
which policy option they preferred at that moment. According to the Danish
authority, it is a political issue to make this kind of decisions. The Irish
authority mentioned different pros and cons of all policy options. Furthermore,
four authorities preferred no further action, because they thought that their
current procedures were sufficiently addressing the problem. The implementation
of the other options could mean unwanted costs and more administrative burdens
on citizens and businesses. Eleven out the twenty National Registration
Authorities mentioned policy option 2 as the preferred one. Some of them would
like to implement it in combination with other options. The reason why these
national authorities preferred option 2 was the possibility to use existing
solutions, such as EUCARIS. Mandating the use of EUCARIS is deemed the
cheapest, safest and quickest way to reduce the administrative burden on
citizens and businesses. Policy options 3 and 4 were mentioned by
respectively three and two National Registration Authorities and always in
combination with other options. Seven National Registration Authorities
mentioned policy option 5. The most important reason for that was to achieve
harmonisation of European rules, i.e. a reduction of existing disparities in
the registration procedures. National authorities that were in favour of this
option expected benefits to their citizens and businesses as result of better
public services and time savings. They argued that the initial phase could
bring some costs for National Registration Authorities, because norms had to be
amended and IT systems set up. 8.1.3. Understanding
Citizens’ and Businesses’ Concerns with the Single Market: A View from the
Assistance Services The Commission requested Ramboll Management Consulting to conduct an
analysis of questions and problems handled by five EU information and
assistance services: Europe Direct Contact Centres (EDCC), Your Europe Advice
(YEA, former Citizens Signpost Service), European Consumer Centres (ECC),
Enterprise Europe Network and SOLVIT in 2009. The objectives of this study[51]
were to give feedback to policy officials on the practical functioning of the
single market, as seen by information and assistance services, and to act as a
feasibility study for further in-depth analysis of the Internal Market policies
based on the queries and complaints (also referred to as “cases”) received by
such services. The following section is an extract from chapter 12 of this study,
about vehicles (p. 188-193): ‘Summary of findings The main findings from this section on issues
that potentially hamper the functioning of the Internal Market are as follows: ·
Procedures for registering a vehicle or seeking
recognition of driving licences in another Member State involve different
administrative procedures with different authorities. The large majority of
enquiries relevant to the vehicle section are comprised of information and
clarification requests, reflecting difficulties in understanding the
legislation and in accessing appropriate information, rather than
misapplication of EU law and/or structural legal problems. As a result, a
number of citizens still avoid buying a vehicle in another Member State as they
fear facing unreasonable paper work and extra costs in their home country.
Moreover, the transfer of motor vehicles to another Member State is also a
source of complaint in some cases, in particular due to burdensome
type-approval and registration procedures. This issue presents a significant
obstacle to the free movement of goods and to the functioning of the Internal
Market. ·
The complexity of the coordination system
combined with the low level of harmonisation, especially in the areas of
vehicle registration and vehicle taxation, often results in administrative
difficulties caused by competent authorities. This can lead to administrative
mistakes or impose unnecessary administrative burdens on citizens. Further
difficulties encountered by the citizens are in many cases due to a lack of
cooperation from and among competent authorities of the Member States. This in
turn leads to unnecessary delays and financial losses. Reviewed cases also
revealed that police and customs officers are often not aware of the EU
legislation and hence might infringe the law by requiring fines and unnecessary
documents from the citizens. ·
The low level of harmonisation often comes as a
surprise to many citizens. This transpires from the enquiries of the citizens,
but also from the large number of unjustified complaints about violations of EU
law which are seemingly rooted in a misunderstanding of the rules. The reviewed
cases detected many unjustified complaints where citizens are surprised that
there is no EU legislation regulating their matter or that their issue is
subject to the legislation of the particular Member State. Consequently,
citizens fail to comply with national laws of the individual Member States.
Thus, they have to pay vehicle taxes twice or have their vehicles confiscated
by police officers because they fail to register it within the required
deadline. This complexity is also reflected in cases submitted to the support
services, where citizens often fail to provide the necessary information to
determine whether the law has been breached. All this suggests a serious burden
on the free movement of goods as well as on the functioning of the Internal
Market. ·
The issue of discrimination on the basis of
nationality also constitutes an obstacle to the functioning of the Internal
Market. The discrimination is primarily due to private parties’ illegal
practices. Such cases include driving schools refusing access to driving
education to non-nationals by posing unreasonable requirements, or insurance
companies suddenly terminating insurance of vehicles that had been previously
imported from another Member State. […] ·
Sources Table 13 Overview of sources Database || Category level 1 || Category level 2 || Nbr of cases in database ECC || Transport services || Car-rental || 376 SOLVIT || Driving licence || || 41 SOLVIT || Motor vehicle registration || || 128 YEA || Motor-vehicles || Driving licences || 324 YEA || Motor-vehicles || Import type-approval and registration || 714 YEA || Motor-vehicles || Insurance || 95 YEA || Motor-vehicles || Taxes || 220 12.1 Registration of vehicles Most relevant cases under this section usually
refer to the following legislation: ·
Council Directive 1999/37/EC on the registration
documents for vehicles[52]. ·
Council Directive 96/96/EC on the approximation
of the laws of the Member States relating to roadworthiness tests for motor
vehicles and their trailers[53]. ·
Directive 2007/46/EC of the European Parliament
and of the Council establishing a framework for the approval of motor vehicles
and their trailers, and of systems, components and separate technical units
intended for such vehicles[54]. ·
Articles 34 and 36 TFEU, which ensure
operational cooperation between the competent authorities, including the
police, customs and other specialised law enforcement services of the Member
States. 12.1.1 Most common problems
encountered It should also be mentioned that a large number
of requests are simple information requests about the relevant authorities for
car registration and the correct formalities and procedure for registering or
moving a vehicle to another Member State. More specific information requests
also concern the technical inspection of vehicles in the host Member State and
the formalities and procedures for selling or buying a vehicle abroad. Apart from information requests, the most
common problems encountered in this section concern: ·
Lack of awareness and misunderstanding of the
rules on the registration of vehicles due to the predominant role of the
national level: Beyond simple information requests,
cases reveal a lack of awareness and misunderstanding of the predominant role
of the national level in regulating vehicles registration. Citizens would
expect more harmonisation or coordination between the national administrations,
and the procedures they have to comply with come as a surprise. Also, the
procedures citizens have to comply with appear to be complex. A consequence of
this is the frequent unjustified complaints about violation of the law which
are seemingly rooted in a misunderstanding of the rules. Also, complaints
usually lack important information which prevent the EU information and support
services from providing a clear answer. ·
Flawed administrative practices and
unreasonable requirements: Recurring YEA and SOLVIT
cases reveal that the competent authorities violate the EU law by refusing
registration or provision of certain documents. On several occasions,
authorities impose unreasonable administrative or technical burdens on citizens
without any specific reason. It is however difficult to say whether these are
systematic practices or administrative mistakes due to a lack of awareness in
the national administrations. 12.1.2 Application of EU law on the ground Member States applying the law incorrectly As the registration of motor vehicles is not
entirely harmonised on the EU level, the registration to a great extent remains
subject to relevant national legislation and formalities. So most complaints
from citizens against misapplication of the EU law fall under one of the
following situations: –
In many situations, it is not possible to
identify any EU law that applies to cases, and thus they fall under national
law. –
In other cases, EU law applies but citizens
often do not provide sufficient information in order to determine whether the
law has been infringed or not[55]. –
Finally, there are cases that reveal a possible
breach of EU law. These cases include: ·
Unreasonable administrative requirements for
the registration of vehicles already registered in another Member State: Alleged misapplication of Directive 1999/37/EC occurs when the Member States require unreasonable documents for
registering vehicles or refuse registration of a vehicle that was already
approved and registered in another Member State for invalid reasons. Citizens
also complain that technical controls made in one Member State are not
recognized in another. The issue of resistant vehicle approval and registration
is most recurring in France and Italy where a large number of citizens complain
about unreasonable administrative burdens when registering their cars. In
particular, citizens importing motor vehicles from non-EU countries and from
the United Kingdom to France face difficulties from the administration. The
issue is demonstrated by a SOLVIT case: A Danish citizen attempted to register his
car, manufactured in the UK, in France. The vehicle was previously registered
and approved in Denmark. The citizen was requested to provide several documents
including British type approval from the manufacturer. However, these documents
were refused by the relevant French authority and his car could not be
registered in France. The citizen was advised by SOLVIT that the British type
approval was sufficient for the registration and he was signposted to contact
the French authority. ·
Lack of cooperation between competent
approval bodies: Flawed cooperation between competent
authorities and administrative mistakes sometimes results in a failure to deregister the vehicle in one Member State while it has already been
registered in another Member State. Thus, the vehicle is registered in two
Member States at the same time, which is against Article 5 of Directive
1999/37/EC. A SOLVIT case related to a Belgian citizen
who registered his Belgian car in Slovenia and at the same time asked the
competent Belgian authority to deregister his car there. However, the authority
failed to remove his registration from its database and thus the citizens’
vehicle was registered in two Member States
simultaneously. The case was resolved after SOLVIT intervention. ·
Administrative mistakes: According to SOLVIT, such flawed practices by the administration lead to delays and possibly breach of the EU law. This issue is exemplified by a Romanian
citizen who wanted to register a vehicle in Romania that was previously
registered in Belgium. The citizen had all of the necessary documents; however the Belgian original registration certificate was lost in
the process of vehicle deregistration by the competent Belgian authority.
Consequently, the process was prolonged and the requested document was sent to
the citizen only after SOLVIT intervention. Other mistakes relate to citizens who are
prevented from driving their vehicle with a temporary number plate in order to
move it to the Member State of origin. This issue is illustrated by a YEA case: A French citizen bought a vehicle in Germany
that he intended to import to France. For this purpose, he acquired transit
number plates marked with a yellow stripe in Germany that were valid for five
days. When driving with these number plates in France the citizen was pulled
over and subsequently arrested by French police officers who claimed that the
plates were not valid in France. ·
Difficulties in being granted access to the
national markets for modified cars: Cases also
refer to a small extent to companies that specialize in modifying cars. They
report that they have restricted access to markets of
some Member States, although their vehicles are in conformity with EU
legislation. This is mainly due to administrative burdens imposed on the companies
by the relevant authorities. 12.1.3 Other barriers to the
exercise of single market rights ·
Lack of awareness and misunderstanding of the
rules on the registration of vehicles. A large
number of citizens enquire about the formalities of registration procedures. Beyond numerous simple information requests, many cases reveal that
the citizens are unaware of the fact that registration of their vehicle is
subject to the Member State of their residence and thus they are obliged to
register their vehicle when they move permanently to another Member State.
Quite frequently, it is by chance that they are informed about the necessity to
register their car in their country of residence, for instance during a police control. ·
Perceived gap in Directive 1999/37/EC in the
case of cross-border or posted workers. Due to a
low level of harmonisation on registration of vehicles in the EU combined with the complexity of this procedure, cases tend to indicate a gap
in Directive 1999/37/EC. Although the EU law limits the registration period when
importing a vehicle to another Member State to six months, individual Member
States may impose their own registration deadlines on imported vehicles.
Consequently, citizens who move to another country fail to comply with national
laws of these Member States, which require registration of vehicles within a
certain period of time. This is in some Member States much shorter than the six
month period required by the EU. Citizens are often unaware of the low level of
harmonisation and as a result their vehicles and registration documents are
often confiscated by the national authorities. This issue is particularly
related to posted workers who do not register their vehicles in the host Member
State because they do not intend to stay in the host Member State for more than
six months. Also, frontier and non-resident workers reported cases where they
have been asked to re-register their vehicles when they are stopped and checked
by police officers in the Member State of employment. ·
Difficulty in accessing information on the
competent national authorities and the formalities for the registration of
vehicles: Citizens often end up in difficult
situations because relevant authorities of both Member
States refuse to register their vehicle. This often occurs when citizens, while
living in another country, lose their registration documents that were issued
by the Member State of origin. When seeking replacement of the lost documents, citizens
often do not know where to apply. Also, some cases describe situations where the
citizens have difficulties identifying the relevant authority for approval, and
obtaining clear information on the required documents and the procedures to
comply with when registering their vehicles in another Member State. Such
situations can be rooted in contradictory information from different
authorities. ·
Cases where violation of the EU law was not
explicit were analysed as uncertain violation of EU law. In such cases,
citizens often do not provide sufficient information about why their vehicles
are not approved or registered in another Member State. Cases falling into this
category include: –
administrative burden and unreasonable technical
tests sometimes far away from the place of possible registration when
registering a vehicle in France –
confiscated cars due to failure to register in
another Member State –
uncertainty of citizens about vehicle
registration in another Member State when the vehicle belongs to a relative or
a friend –
misinterpretation of country of residence (in
case of posted workers) –
very high registration fees Nevertheless, the large number of complaints
filed by the citizens indicates a high burden when
registering or buying a car abroad.’ […]
8.2. Annex
2: legal context of car registration in the internal market 8.2.1. Type-approval
of new motor vehicles 8.2.1.1. New
motor vehicles and their trailers Directive 2007/46/EC[56]
establishes a harmonised framework containing the administrative provisions and
general technical requirements for approval of all new vehicles within its
scope and of the systems, components and separate technical units intended for
those vehicles, with a view to facilitating their registration, sale and entry
into service within the EU. The requirement for EC type-approval applies to
all categories of motor vehicles designed and constructed in one or more stages
for use on the road and also to the systems, components and separate technical
units designed and constructed for such vehicles. More precisely, the Directive
is aimed at commercial vehicles (vans, lorries, semi-trailers, trailers), buses
and coaches. The EC type-approval system is based on the
principle that manufacturers must issue a certificate of conformity for each
vehicle manufactured, attesting that it conforms to the approved type. EC
type-approval procedures are compulsory and replace the national procedures
with which they have co-existed up until now. It is enough for one Member State to
type-approve a vehicle in order for all new vehicles of that type to be
registered throughout the EU solely on the basis of their certificate of
conformity. The Directive obliges Member States to
register, and permit the sale or entry into service of, vehicles only if they
are accompanied by a valid certificate of conformity. 8.2.1.2. New
two or three-wheeled motor vehicles Directive 2002/24/EC[57]
applies to two or three-wheeled motor vehicles, whether twin-wheeled or
otherwise (each wheel fitted with a separate tyre), intended to travel on the
road, and to the components or separate technical units of such vehicles. This Directive establishes a similar
type-approval system for the EU. After the type-approval, the certificate of
conformity is completed by the manufacturer or his authorised representative
for each vehicle produced in conformity with the approved type and for each
non-original technical entity or component manufactured in conformity with the
type that has been component type-approved. Type-approval is a requirement for registration
since Member States may not prohibit the registration of new vehicles complying
with the Directive. Only vehicles complying with the Directive may be presented
for initial registration. 8.2.1.3. Agricultural
or forestry tractors Directive 2003/37/EC[58]
applies to tractors with a maximum design speed of not more than 40 km/h, any trailer
and any interchangeable towed machinery, whether incomplete or completed, which
is intended to be used in agriculture or forestry. The EC type-approval procedure guarantees
permanent monitoring that vehicles comply with EU technical requirements. In
the first instance, a Member State certifies that a type of vehicle, system,
component or separate technical unit presented by a manufacturer conforms to
the technical prescriptions imposed by Directive 2003/37/EC. It then issues an
EC type-approval certificate to the manufacturer. The manufacturer then ensures
that each vehicle, system, component or separate technical unit built is
accompanied by a certificate of conformity, thus proving that it is
manufactured in conformity with the approved vehicle type. The Directive also obliges Member States to
register a new type-approved vehicle on grounds relating to their construction
and functioning only if they are accompanied by a valid certificate of
conformity. Each Member State must permit the sale of incomplete vehicles but
may refuse their permanent registration and entry into service until such time
as they are completed. 8.2.2. Registration
of motor vehicles Directive 1999/37/EC[59]
applies to the documents issued by the Member States at the time of registration
of vehicles. It does not prevent Member States to use, for the temporary
registration of vehicles, documents which may not meet the requirements of the
Directive in every respect. The Directive applies to motor vehicles which
are subject to Directives 2007/46/EC and 2002/24/EC, and not to agricultural or
forestry tractors. It obliges Member States to issue a
registration certificate for vehicles that are subject to registration under
their national legislation. The certificate must consist of either a single
part in accordance with Annex I of the Directive or two parts in accordance
with Annexes I and II. The data given in the registration certificate, in
accordance with Annexes I and II, must be represented by the harmonised EU
codes shown in those Annexes. The Directive specifies that a registration
certificate issued by a Member State must be recognised by the other Member
States for the identification of the vehicle in international traffic or for
its re-registration in another Member State. For the identification of a
vehicle in road traffic, Member States may require that the driver carry Part I
of the registration certificate. The harmonised registration certificate should
facilitate the re-registration. When the re-registration is sought for a motor
vehicle previously registered in another Member State, the following steps have
to be followed: ·
The competent authorities in the receiving
Member State have to require the submission of Part I of the previous
registration certificate in every case and the submission of Part II if it was
issued. ·
The competent authorities in the receiving
Member State have to withdraw the part(s) of the previous registration
certificate submitted and keep it for a minimum of six months. ·
Within two months, they must inform the
authorities of the Member State which delivered the certificate of its
withdrawal. They have to return the certificate which they have withdrawn to
the authorities of the Member State which delivered the certificate if they
request so within six months of its withdrawal. Where the registration certificate consists of
Parts I and II, and Part II is missing, the competent authorities in the Member
State where the new registration has been requested may decide, in exceptional
cases, to re-register the vehicle, but only after having obtained confirmation,
in writing or by electronic means, from the competent authorities in the Member
State where the vehicle was previously registered, that the applicant is
entitled to re-register the vehicle in another Member State. According to the Directive, Member States 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. The
Directive provides for the possibility of using an electronic network. The Court of Justice confirmed that the
harmonisation effected by Directive 1999/37/EC was not exhaustive. The Court
refers, in that regard, to Point II.7 in Annex I to that directive, according
to which Member States may include, in Part I of the registration document,
information in addition to that which it is compulsory to include pursuant to
Annex I. Therefore, the Court of Justice concluded that, in accordance with
Point II.7, Directive 1999/37/EC does not preclude national provisions which
include, in Part I of the registration document, information in addition to
that which it is compulsory to include, provided that they do not infringe the
provisions of the TFEU, including Articles 34 TFEU and 36 TFEU (Judgment of the
Court of 6 October 2011, Philippe Bonnarde v Agence de Services et de Paiement,
Case C-443/10). 8.2.3. The
role of registration in the field of transport 8.2.3.1. Hiring
of vehicles for the carriage of goods In the EU legislation on the internal market
for the transport of goods, the registration of the vehicle is sometimes a
relevant factor, for example for the hiring of vehicles for the carriage of
goods. Each Member State must allow the use within its territory of vehicles
(i.e. motor vehicles, trailers, semi-trailers, or a combination of vehicles
intended exclusively for the carriage of goods) hired by undertakings
established on the territory of another Member State provided, inter alia, that
the vehicle is registered or put into circulation in compliance with the laws
in the latter Member State[60]. 8.2.3.2. Periodic
roadworthiness tests Directive 2009/40/EC[61]
specifies that, in each Member State, motor vehicles registered in that State
and their trailers and semi-trailers must undergo periodic roadworthiness tests
in accordance with the Directive. Annexes I and II of the Directive set out the
categories of vehicles to be examined, the frequency of these checks and the
parts to be tested. The minimum testing frequency for the different
categories of motor vehicles and their trailers is: –
One year after the date on which the vehicle was
first used, and thereafter annually for motor vehicles used for the carriage of
passengers and with more than eight seats, excluding the driver’s seat, motor
vehicles used for the carriage of goods and having a maximum permissible mass
exceeding 3,500 kg, trailers and semi-trailers with a maximum permissible mass
exceeding 3,500 kg, taxis and ambulances; –
Four years after the date on which the vehicle
was first used, and thereafter every two years for motor vehicles having at
least four wheels, normally used for the road carriage of goods and with a
maximum permissible mass not exceeding 3,500 kg, excluding agricultural
tractors and machinery, and motor vehicles having at least four wheels, used
for the carriage of passengers and with not more than eight seats excluding the
driver’s seat. The tests covered by Annex II should be
undertaken using techniques and equipment available without the use of tools to
disassemble or remove any part of the vehicle. Where the motor vehicle is found
to be defective with regard to a specific list of test items, the competent
authority must set specific conditions under which the particular vehicle may
be used before passing another roadworthiness test. The test must cover the
items listed in the annex, provided that these are related to the equipment of
the vehicle being tested in the EU country concerned. The vehicle operator or driver must be informed
in writing of any defects, the result of the test and the legal consequences.
All Member States have to mutually recognise the proof issued in another EU
country showing that a vehicle registered in that other EU country, together
with its trailer or semi-trailer, has passed a roadworthiness test in
compliance with the provisions of this Directive. However, Member States are allowed to bring
forward the date for the first compulsory roadworthiness test and, where
appropriate, require the vehicle to be submitted for test prior to
registration. They may also shorten the interval between two successive
compulsory tests, make the testing of optional equipment compulsory and
increase the number of items to be tested. In addition, Member States can
extend the periodic test requirement to other categories of vehicles, prescribe
special additional tests and require vehicles registered on their territory to
have higher minimum standards for braking efficiency under certain
circumstances. 8.2.3.3. Recommendation
2010/378/EU (Periodic inspections of vehicles) Commission Recommendation of 5 July 2010
addresses certain issues regarding the assessment of defects during
roadworthiness testing in accordance with Directive 2009/40/EC. The Recommendation
provides a guideline on standards and testing methods referred to in 2009/40/EC
for inspectors conducting vehicle tests in order to ensure a harmonised
assessment of the failures listed in Annex II of the Directive. The
Recommendation is seen as a step towards a uniform assessment of the
deficiencies identified during roadworthiness testing within the EU. Three categories of failure are introduced, to
reflect the seriousness of the defect, with the consequences for the use of the
vehicle in that condition given as shown in the following table. Type of defect || Definition || Action Minor || Technical defects that have no significant effect on the safety of the vehicle and other minor non-compliances. || The vehicle does not necessarily have to be re-examined as it can reasonably be expected that the detected defects will be rectified without delay. Major || Defects that may prejudice the safety of the vehicle or put other road users at risk and other more significant non-compliances. || Further use of the vehicle on the road without repair of the detected defects is subject to conditions. The competent authorities in the Member States must adopt a procedure for setting the conditions under which the vehicle may be used before passing another roadworthiness test. Dangerous || Defects that constitute a direct and immediate risk to road safety. || The vehicle should not be used on the road under any circumstances. Note: A vehicle having defects falling into more than one defect group is classified according to the most serious defect. A vehicle showing several defects of the same group can be classified in the next more serious group if their combined effect makes the vehicle more dangerous. Current frequencies of period roadworthiness tests (Table 1) || Private cars || Goods vehicles < 3,500 kg || Goods vehicles > 3,500 kg || Passenger vehicles < 8 passengers || Passenger vehicles > 8 passengers Belgium || 4/1/1 || 6m/6m/6m || 6m/6m/6m || 6m/6m/6m || 3m/3m/3m Bulgaria || 3/2/1/1 || - || 1/1/1 || - || 1/1/1 Czech Republic || 4/2/2 || 4/2/2 || 1/1/1 || 4/2/2 || 1/1/1 Denmark || 4/2/2 || 4/1/1 || 1/1/1 || 1/1/1 || 1/1/1 Germany || 3/2/2 || 2/2/2 || 1/1/1 || 1/1/1 || 1/1/1 Estonia || 3/2/2/2/1 || 1/1/1 || 1/1/1 || 1/1/1 || 1/1/1 Ireland || 4/2/2 || 4/2/2 || 1/1/1 || 1/1/1 || n/a Greece || n/a || n/a || n/a || n/a || n/a Spain || 4/2/2/1 || 2(x3)/1(x4)/6m || 1(x10)/6m || 2/1/1/1/6m || 1(x5)/6m France || 4/2/2 || 4/2/2 || 1/1/1 || 4/2/2 || - Italy || 4/2/2 || 4/2/2 || 1/1/1 || 4/2/2 || 1/1/1 Cyprus || 4/2/2 || - || 1/1/1 || - || 1/1/1 Latvia || 2/2/2 || 1/1/1 || 6m/6m/6m || 6m/6m/6m || 1/1/1 Lithuania || 3/2/2 || - || 1/1/1 || - || 1/1/1 Luxembourg || 3.5/1/1 || 1/1/1 || 6m/6m/6m || 3.5/1/1 || 6m/6m/6m Hungary || 4/3/2/2 || 2/2/1/1 || 1/1/1 || 3/3/2/2 || 1/1/1 Malta || 1/1/1 || - || 1/1/1 || - || 1/1/1 Netherlands || 4/2/2/1 || 3/1/1 || 1/1/1 || 1/1/1 || 1/1/1 Austria || 3/2/1 || 1/1/1 || 1/1/1 || 1/1/1 || 1/1/1 Poland || 3/2/1 || 3/2/1 || 1/1/1 || 1/1/1 || 1/1/1 Portugal || 4/2/2/1 || 2/1/1 || 1(x7)/6m || 1(x7)/6m || 1(x7)/6m Romania || 2/2/2 || - || 1/6m/6m || - || 1/1/1 Slovenia || 3/2/2 || 3/1/1 || 1/1/1 || 3/1/1 || 1/1/1 Slovakia || 3/1/1 || - || 1/1/1 || - || 1/1/1 Finland || 3/2/1 || 3/1/1 || 1/1/1 || 1/1/1 || 1/1/1 Sweden || 3/2/1 || 1/1/1 || 1/1/1 || 1/1/1 || 1/1/1 United Kingdom || 3/1/1 || 3/1/1 || 1/1/1 || 3/1/1 1/1/1 || 1/1/1 Source: AUTOFORE Study on the Future Options for Roadworthiness in the European Union: WP540 – Analysis of pass/fail rates and accidents for different vehicle types in relation to PTI – frequency and vehicle age; DEKR Current frequencies of period roadworthiness tests (Table 2) || Trailers < 3,500 kg || Trailers > 3,500 kg || Agricultural tractors || Motorcycles Belgium || 1/1/1 || 6m/6m/6m || 6m/6m/6m || n/a Bulgaria || - || 1/1/1 || - || - Czech Republic || 4/2/2 || 1/1/1 || 4/4/4 || 4/2/2 Denmark || n/a || 1/1/1 || n/a || n/a Germany || 3/2/2 (<750kg) 2/2/2 (>750kg) || 1/1/1 || 2/2/2 1/1/1 || 2/2/2 Estonia || 3/2/2/2/1 || 1/1/1 || 2/1/1/1 || 3/2/2/2/1 Ireland || 1/1/1 || n/a || n/a || n/a Greece || n/a || n/a || n/a || n/a Spain || 2(x3)/1(x4)/6m || 1(x10)/6m || 1(x10)/6m || 5/2/2 France || - || - || - || - Italy || 1/1/1 || 1/1/1 || - || 4/2/2 Cyprus || - || 1/1/1 || - || - Latvia || 1/1/1 || 1/1/1 || n/a || 1/1/1 Lithuania || - || 1/1/1 || - || - Luxembourg || 3.5/1/1 || 6m/6m/6m || 3.5/1/1 || 3.5/1/1 Hungary || 2/2/1/1 || 1/1/1 || 3/3/2/2 || 3/3/2/2 Malta || - || 1/1/1 || - || - Netherlands || - || 1/1/1 || - || - Austria || 3/2/1 || 1/1/1 || 3/2/1 || 1/1/1 Poland || 3/2/1 || 1/1/1 || 3/2/2 || 3/2/1 Portugal || n/a || 1(x7)/6m || 1(x7)/6m || n/a Romania || - || 1/1/1 || - || - Slovenia || 3/1/1 || 1/1/1 || 3/1/1 || 3/1/1 Slovakia || - || 1/1/1 || - || - Finland || 2/2/2 || 1/1/1 || n/a || n/a Sweden || 4/2/2 || 1/1/1 || n/a || 4/2/2 United Kingdom || n/a || 1/1/1 || n/a || 3/1/1 Source: AUTOFORE Study on the Future Options for Roadworthiness in the European Union: WP540 – Analysis of pass/fail rates and accidents for different vehicle types in relation to PTI – frequency and vehicle age; DEKR 8.2.3.4. Technical
roadside inspection of the roadworthiness of commercial vehicles For commercial vehicles, Directive 2000/30/EC[62]
organises roadside roadworthiness checks on commercial vehicles that are
intended to carry passengers or goods. It supplements Directive 2009/40/EC.
These roadside checks are unannounced checks on a commercial vehicle travelling
within a European Union (EU) country. They are carried out by the authorities
on roads, in ports, or anywhere else considered appropriate. A technical roadside inspection may comprise a
visual check on the state of maintenance of the vehicle running on the road
network, a check on the documents relating to the compliance of the vehicle
with a technical roadside inspection and if the driver presents it a recent
roadside technical inspection report, and/or a check to uncover poor
maintenance (smooth tyres, faulty braking system, etc.). In this instance, the
inspector should take the most recent documents and any other safety
certificate into consideration. Appropriate roadside checks have to be carried
out without discrimination as to the driver’s nationality or vehicle
registration. They should cover a significant, representative cross-section of
commercial vehicles of all categories. If the results of a roadside check show that a
commercial vehicle does not meet the standards set out in the Directive, or if
it is not shown to comply with Directive 2009/40/EC during a subsequent
roadworthiness test at an approved testing centre and if it therefore
constitutes a major risk to its occupants or other road users, the use of that
vehicle on the public highway will immediately be banned. Serious or repeated offences by a vehicle
belonging to a non-resident must be reported to the authorities in the EU
country where the vehicle or company is registered. The country in which the
offence has been repeated may then request that action be taken against the
offender. Where such action is taken, the country of vehicle or company
registration has to inform the country in which the offences have been noted of
the action taken against the carrier or company concerned. 8.2.3.5. Recommendation
2010/379/EU (Roadside checks) Commission Recommendation of 5 July 2010 deals
with certain issues, regarding the risk assessment of deficiencies detected
during technical roadside inspections (of commercial vehicles) in accordance
with Directive 2000/30/EC. The Recommendation provides a guideline on
standards and testing methods for the assessment of deficiencies listed in
Annex II of Directive 2000/30/EC for inspectors conducting technical roadside
inspections, in order to achieve a more harmonised roadside testing system and
to avoid unequal treatment at technical roadside inspections. 8.2.4. Motor
insurance The EU Motor Insurance Directive 2009/103/EC[63]
obliges all motor vehicles in the EU to be covered by compulsory third party
insurance and ensures the abolition of border checks on insurance so that
vehicles can be driven as easily between Member States as within one country. All compulsory motor insurance policies should
cover, on the basis of a single premium and during the whole term of the
contract, the entire territory of the Union, including for any period in which
the vehicle remains in other Member States during the term of the contract. In addition, the EU Motor Insurance Directive
provides for a mechanism to compensate the local victims of accidents caused by
vehicles from another Member State. The Directive builds in this respect upon
the private sector network of ‘national insurers’ bureau’ and the Green Card
System set up by insurers which handle the victims’ claims. The Directive also
establishes an efficient mechanism for the quick settlement of claims where the
accident takes place outside the victim’s Member State of residence (the
so-called ‘visiting victims’). Motor vehicles may – provided that they are in
a regular situation with respect to the national registration rules – be
insured by an insurer established in the Member State of registration or by an
insurer established in any other Member State. Insurers willing to provide
cross-border insurance services must fulfil certain formalities following on
from the relevant EU insurance legislation. They also need to be willing to
offer a contract (according to the fundamental EU principle of commercial
freedom, neither an insurer nor a consumer can be forced to enter into a
business relationship). 8.2.5. Cross-border
car crime ·
Council Decision 2008/615/JHA[64] provides for the
possibility of information exchange between Member States for the prevention
and investigation of criminal offences and in dealing with other offences
coming within the jurisdiction of the courts or the public prosecution service
in the searching Member State, as well as in maintaining public security.
Member States have to allow other Member States’ national contact points access
to certain national vehicle registration data, with the power to conduct
automated searches in individual cases, namely data relating to holders or
operators and data relating to vehicles. Searches may be conducted only with a
full chassis number or a full registration number. Searches may be conducted
only in compliance with the searching Member State’s national law. The exchange
of information and the supply of data take place between the national contact
points designated by the Member States. ·
The details of technical arrangements for the
procedure are laid down in Council Decision 2008/616/JHA[65].
For automated searching of vehicle registration data, Member States use the
European Vehicle and Driving Licence Information System (EUCARIS) software
application especially designed for the purposes of Article 12 of Decision
2008/615/JHA, and amended versions of this software. The information exchanged
via the EUCARIS system is transmitted in encrypted form. The data elements of
the vehicle registration data that are exchanged are set out in Chapter 3 of
the Annex to this Decision. Each Member State has to bear the costs arising
from the administration, use and maintenance of the EUCARIS software
application. ·
The objective of Council
Decision 2004/919/EC of 22 December 2004 on
tackling vehicle crime with cross-border implications is
to achieve improved cooperation within the European Union with the aim of
preventing and combating cross-border vehicle crime, whereby particular
attention is given to the relationship between vehicle theft and the illegal
car trade. The Decision obliges each Member State to ensure that its competent
authorities take the necessary steps to prevent abuse and theft of vehicle
registration documents. The Decision obliges national vehicle registration
authorities to be informed by law enforcement authorities of whether a vehicle
that is in the process of being registered is known to have been stolen. The
Decision also aims at preventing the abuse of vehicle registration
certificates: each Member State must ensure that its competent authorities take
the necessary steps to recover a vehicle owner’s or vehicle holder’s
registration certificate if the vehicle has been seriously damaged in an
accident (total loss). A registration certificate must also be recovered where,
during a check by the law enforcement agency, it is suspected that there has
been an infringement concerning the vehicle’s identity markings, such as the
vehicle identification number. Regulation (EC) No
1160/2005[66] authorises the services
responsible for issuing registration certificates for vehicles to consult the ‘Schengen
Information System’ (SIS) before registering a vehicle. As the SIS contains, in
particular, information about stolen, hijacked or lost motor vehicles, this
should reinforce the fight against vehicle theft. 8.2.6. End-of
life vehicles Directive 2000/53/EC[67]
obliges the Member States, inter alia, to take the necessary measures to ensure
that all end-of life vehicles are transferred to authorised treatment
facilities. According to the Directive, Member States must
set up a system according to which the presentation of a certificate of
destruction is a condition for deregistration of the end-of life vehicle. This
certificate is issued to the holder and/or owner when the end-of life vehicle
is transferred to a treatment facility. Treatment facilities that have a permit
may issue certificates of destruction. Member States may permit producers, dealers and
collectors on behalf of an authorised treatment facility to issue certificates
of destruction provided that they guarantee that the end-of life vehicle is
transferred to an authorised treatment facility and provided that they are
registered with public authorities. 8.2.7. Jurisprudence
of the Court of Justice on car registration since 2000 The following overview does not include
judgements with respect to the fiscal treatment of car registration (i.e.
jurisprudence concerning the interpretation of Articles 30 and 110 TFEU, and
Directives 83/182/EEC, 2009/55/EC, 1999/62/EC and 2006/112/EC) which falls
outside the scope of this impact assessment: Case || Summary Judgment of 12 October 2000 Snellers Auto’s BV v Algemeen Directeur van de Dienst Wegverkeer Case C-314/98 || National rules which provide that the date on which an imported vehicle was first authorised for use on the public highway is to be fixed at the date on which its registration certificate was issued only where the vehicle has not been registered for more than two days in another Member State constitute a measure having an effect equivalent to a quantitative restriction on imports for the purposes of Article 28 EC (now Article 34 TFEU). Such national rules may, in spite of their restrictive effects on the free movement of goods, be justified by imperative requirements such as road safety and/or protection of the environment if it can be shown that the resulting restriction is necessary to ensure road safety and/or protection of the environment and that the restriction is not disproportionate to those objectives, particularly in the sense that no other, less restrictive, measures are available. Judgment of 21 March 2002 Cura Anlagen GmbH v Auto Service Leasing GmbH (ASL). Case C-451/99 || The provisions of the EC Treaty on the freedom to provide services (Articles 49 EC to 55 EC – now Articles 56 and 62 TFEU) preclude legislation of a Member State, such as that at issue in the main proceedings, requiring an undertaking established in that Member State which takes a lease of a vehicle registered in another Member State to register it in the first Member State in order to be able to use it there beyond a period that is so short, in this case three days, that it makes it impossible or excessively difficult to comply with the requirements imposed. The same provisions of the Treaty preclude legislation of a Member State, such as that at issue in the main proceedings, requiring an undertaking established in that Member State which takes a lease of a vehicle registered in another Member State to register it in the first Member State and imposing on it one or more of the following conditions: - a requirement that the person in whose name the vehicle is registered in the Member State of use reside or has a place of business there, in so far as it obliges a leasing undertaking either to have a principal place of business in that Member State or to accept registration of the vehicle in the name of the lessee and the consequent limitation of its rights over the vehicle; - a requirement to insure the vehicle with an authorised insurer in the Member State of use, if that requirement implies that the insurer must have its principal place of business in that Member State, as the home State within the meaning of the non-life insurance Directives, and have official authorisation there; - a requirement of a roadworthiness test when the vehicle has already undergone such testing in the Member State where the leasing company is established, save where that requirement is aimed at verifying that the vehicle satisfies the conditions imposed on vehicles registered in the Member State of use that are not covered by the tests carried out in the Member State where the leasing company is established and/or, if the vehicle has in the meantime been used on the public highway, that its condition has not deteriorated since it was tested in that latter Member State, provided similar testing is imposed where a vehicle previously tested in the Member State of use is presented for registration in that State; - payment, in the Member State of use, of a consumption tax the amount of which is not proportionate to the duration of the registration of the vehicle in that State. Judgment of 2 October 2003. Criminal proceedings against Hans van Lent Case C-232/01 || Article 39 EC (now Article 45 TFEU) precludes national rules of a Member State, such as those in the present case, which prohibit a worker who is domiciled in that Member State from using on its territory a vehicle registered in another neighbouring Member State, belonging to a leasing company established in that second Member State, and made available to the worker by his employer who is also established in the second Member State. Judgment of 2 October 2003. Criminal proceedings against Marco Grilli. Case C-12/02 || Article 29 EC (now Article 35 TFEU) precludes the rules of a Member State which prohibit a national of another Member State, on pain of criminal penalties such as imprisonment or a fine, from taking to that other State a vehicle purchased in the first Member State bearing a temporary number plate issued, for the purpose of the export of the vehicle to that other Member State, by the competent authorities of the latter State, if those rules are of such a kind as to restrict export patterns, create a difference in treatment between a State’s domestic trade and its external trade and give rise to an advantage for national trade at the expense of another Member State, provided that those rules cannot be justified under Article 30 EC (now Article 36 TFEU). It is for the national court to ascertain whether that is so in the main proceedings. If the rules at issue in the main proceedings are held to be contrary to Article 29 EC (now Article 35 TFEU), the penalties for which they make provision are inapplicable. Judgment of 15 September 2005. Commission of the European Communities v Kingdom of Denmark Case C-464/02 || In so far as - its legislation and administrative practice do not allow workers resident in Denmark and employed in another Member State in work which is not their principal employment to use for business or private purposes a company vehicle registered in that other Member State where the undertaking of their employer is established, and - its legislation and administrative practice allow employees resident in Denmark and employed in another Member State to use for business purposes or business and private purposes a company vehicle registered in that other Member State in which their employer has its registered office or principal establishment, the vehicle neither being intended to be essentially used in Denmark on a permanent basis nor being actually so used, only subject to the condition that the employment with that employer is their main employment and that a tax is paid for that purpose, the Kingdom of Denmark has failed to fulfil its obligations under Article 39 EC (now Article 45 TFEU). Judgment of 15 December 2005. Criminal proceedings against Claude Nadin, Nadin-Lux SA (C-151/04) and Jean-Pascal Durré (C-152/04). || It is contrary to Article 43 EC (now Article 49 TFEU) for the domestic legislation of one Member State, such as the legislation at issue in the cases in the main proceedings, to require a self-employed worker residing in that Member State to register there a company vehicle made available to him by the company for which he works, established in another Member State, when it is not intended that that vehicle should be used essentially in the first Member State on a permanent basis and it is not, in fact, used in that manner. Judgment of 23 February 2006. Commission of the European Communities v Republic of Finland Case C-232/03 || By preventing cross-frontier workers residing in Finland and employed in another Member State from benefiting from the use of company vehicles which are made available by their employers established in another Member State and registered in the latter State on the sole ground that the cross-frontier workers concerned reside on Finnish territory, into which the vehicles belonging to their employers have been imported; and by preventing the cross-frontier workers concerned from benefiting, for professional and private purposes, from the use of company vehicles which are made available by their employers established in another Member State and registered in the latter State, while those vehicles are neither intended to be used mainly in Finland on a permanent basis nor, in fact, used in that way, on the sole ground that those workers reside on Finnish territory, into which the vehicles belonging to their employers have been imported, the Republic of Finland has failed to fulfil its obligations under Article 39 EC(now Article 45 TFEU). Order of the Court of 2 May 2006. Criminal proceedings against Henri Léon Schmitz Case C-291/04 || Article 43 EC (now Article 49 TFEU) precludes national legislation of one Member State, such as the legislation at issue in the main proceedings, which obliges a self-employed person residing in that Member State to register a company vehicle provided to him by the company which employs him and which is established in another Member State, when the company vehicle is neither actually intended to be used permanently in the first Member State nor is in fact used in that way. Order of 30 May 2006. Criminal proceedings against Sébastien Victor Leroy. Case C-435/04 || Articles 49 EC to 55 EC (now Articles 56 to 62 TFEU) do not preclude the domestic legislation of a Member State, such as that at issue in the main proceedings, from prohibiting a person who resides and works in that State from using, in that State, a vehicle which he has rented from a leasing company established in another Member State, when that vehicle has not been registered in the first State and it is intended that it should be used there essentially on a permanent basis or is, in fact, used in that manner. Order of 27 June 2006. G. M. van de Coevering v Hoofd van het District Douane Roermond van de rijksbelastingdienst. Case C-242/05 || Articles 49 EC to 55 EC (now Articles 56 to 62 TFEU) preclude national legislation of a Member State, such as that at issue in the main proceedings, which requires a natural person established in that Member State who leases a vehicle registered in another Member State to pay the full amount of a registration tax when the vehicle is first used on the highway in the first Member State, without taking account of the duration of the use of that highway and without the person in question having any right to an exemption or a refund, where the vehicle is neither intended to be used essentially in the first Member State on a permanent basis nor in fact used in that way. Judgment of 15 March 2007. Commission of the European Communities v Republic of Finland Case C-54/05 || By requiring a transfer licence for the putting into circulation of vehicles lawfully registered and used in another Member State, […], the Republic of Finland has failed to fulfil its obligations under Articles 28 EC and 30 EC (now Articles 34 and 36 TFEU). Judgment of 20 September 2007. Commission of the European Communities v Kingdom of the Netherlands. Case C-297/05 || Intra-EU trade is not capable of being hindered, directly or indirectly, actually or potentially, by national legislation which: - requires a vehicle to be identified before it is registered; - requires, pursuant to Articles 2(b) and 4 of Directive 1999/37, that such identification be carried out, where a vehicle previously registered in another Member State is imported, by means of the registration certificate issued by that other Member State; and - includes the obligation to present the vehicle to a control body, thereby allowing verification as to whether the vehicle is actually present in the territory of the Member State of importation and corresponds to the data in the registration certificate issued by the other Member State. Since that is a simple administrative formality, which does not introduce any additional check, but which is integral to the actual processing of the registration application and also to the conduct of the associated procedure, the manner in which the tests are carried out is not capable of having any deterrent effect whatsoever on the import of a vehicle into that Member State or of making such importation less attractive. 2. A Member State which, generally and systematically, submits all vehicles which are more than three years old and have previously been registered in other Member States for testing as to their physical condition prior to registration in that State, without taking any account whatsoever of tests that may have already been carried out in other Member States, fails to fulfil its obligations under Articles 28 EC and 30 EC (now Articles 34 and 36 TFEU). Such a control procedure, which may deter some persons concerned from importing into the Member State in question vehicles which are more than three years old and which have previously been registered in other Member States, cannot be justified on the ground that it safeguards road safety and the protection of the environment where the Member State in question does not specifically show that the restriction on the free movement of goods at issue is proportionate to the objective pursued. Judgment of 24 April 2008. Commission of the European Communities v Grand Duchy of Luxemburg. Case C-286/07 || By requiring, in accordance with the practice in issue, for the purposes of the registration of vehicles in Luxembourg, the submission of an excerpt from the commercial register or a comparable document proving that the seller of the vehicle is registered as a dealer, except for dealers on the register of the Société Nationale de Contrôle Technique, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 28 EC (now Article 34 TFEU). Judgment of 5 June 2008. Commission of the European Communities v Republic of Poland. Case C-170/07 || By subjecting imported second-hand vehicles previously registered in other Member States to a roadworthiness test prior to their registration in Poland, the Republic of Poland has failed to fulfil its obligations under Article 28 EC (now Article 34 TFEU). Order of 24 October 2008. Marc Vandermeir v Belgian State - SPF Finances. Case C-364/08 || Articles 43 EC and 49 EC (now Articles 49 and 56 TFEU) are to be interpreted as precluding national legislation of one Member State, such as that in question in the main proceedings, under which a self-employed person residing in that Member State is required to register there a vehicle leased from a company established in another Member State, when it is not intended that that vehicle should be used essentially in the first Member State on a permanent basis and it is not, in fact, used in that manner. Judgment of 11 December 2008. Commission of the European Communities v Republic of Austria. Case C-524/07 || By requiring, for the purposes of their first registration in Austria, that motor vehicles previously registered in other Member States which have not undergone, because of their age, a EU type-approval procedure, comply with limit values in respect of pollutant emissions and noise which are stricter than those they initially had to comply with, in particular, the values laid down in Council Directive 93/59/EEC of 28 June 1993 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles and Council Directive 92/97/EEC of 10 November 1992 amending Directive 70/157/EEC on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles, although vehicles having the same characteristics and which are already authorised to use the roads in Austria are not subject to that requirement in cases of their re-registration in that Member State, the Republic of Austria has failed to fulfil its obligations under Article 28 EC (now Article 34 TFEU). Judgment of 6 October 2011. Philippe Bonnarde v. Agence de Services et de Paiement. Case C-443/10 || Articles 34 and 36 TFEU preclude legislation of a Member State from requiring, for the award of the subsidy known as the ‘bonus écologique – Grenelle de l’environnement’ to imported demonstration motor vehicles at the time of registration in that Member State, that the first registration document of those vehicles bear the words ‘demonstration vehicle’. 8.3. Annex
3: Summary of national rules and practices with respect to motor vehicle
registration[68] 8.3.1. Belgium Registration system Motor vehicles are registered by the DIV which
is part of the General Directorate for Mobility and Road safety within the
Federal Public Service (FPS) for Mobility and Transport. Belgium has a person-based registration system.
This means that a person may keep the same registration plate for life and that
he or she may take it from vehicle to vehicle. When the vehicle is registered,
the new holder declares whether or not he or she has an available registration
plate. If not, a new number is allocated to the person and a stamped rear
registration plate is delivered. The register contains information on both the
vehicle and the holder. Details of stolen vehicles are not part of the vehicle
registration; these are registered separately by the Police. The vehicle register
keeps a record of the relevant police files, which are consulted during
transfers. Personal details (name, address etc) are kept up-to-date through a
subscription to the National Register or to the "Crossroad bank of
enterprises". Procedures New vehicles are supplied by the importer to
the dealer with all technical data printed on the application form. The
technical data has previously been passed on electronically to the DIV. In the
case of an individual import, the importer must obtain a 705 Customs sticker. When a vehicle is first registered, the
technical information is printed on the application form. The dealer also
provides a VAT sticker and a stamp confirming the technical data. The applicant
completes the personal details, indicates whether he wants a new number and
provides an insurance sticker. The applicant brings the application form to the
DIV. Registration certificates and/or registration plates are sent by B-post
(postal service). The DIV has an interactive "on-line"
computer system allowing it to issue registration certificates and registration
plates immediately. In order to speed the process, the DIV has decided to
enable online registration on the Internet. Since May 2002, some insurance and
leasing companies are registering their customers’ vehicles by means of WebDIV.
A registered vehicle must pass a technical
control before a new registration can be issued. The control results in a test
sticker, valid for two months, stuck onto the application form. An insurance
sticker is also included. As part of the registration process, the registration
number of the previous holder is blacked out. The previous holder is expected
to remove the plates, because he will need them for his next car. Documents An application form available at the DIV, car
dealers, technical control centres and insurance companies must be completed by
the applicant with all the necessary details and stickers. The registration certificate and (if needed)
the registration plate is/are delivered by Bpost (postal service). The registration certificate new model A4,
delivered since 16 November is in one part. It is prepared centrally by the DIV
and issued by Bpost. It includes details concerning the vehicle and the
applicant. The registration certificate has to be presented by the driver at
any request and has to be kept with the vehicle till the end of its life. No decision has been taken until now about the
introduction of the smartcard registration document. 8.3.2. Bulgaria Registration system In Bulgaria the licensing activities are
performed by the Traffic Police. The Traffic police are part of the Ministry of
Interior and function under the chief directorate for Public Order and Security
Police. Bulgaria has a vehicle-based licensing system.
All vehicles must be presented regularly for technical inspection where
insurance and outstanding traffic infringements are also checked. Stickers are
also used to check the insurance and periodical technical inspections ('PTI')
obligations. It is possible to suspend a vehicle in Bulgaria,
however vehicle taxes have to be paid. Documents and procedures The two part vehicle registration certificate
is issued by the Traffic police. The first part contains the technical vehicle
data. The second part contains the ownership details. In case of vehicle
modifications or re-registration of the vehicle a new registration certificate
is issued. The registration document is issued by the regional offices of the
Traffic police (formally known as KAT). When the registration document is issued, the personal
details of the person claiming to be the owner are included in part two of the
registration. During the process of registration the Traffic police makes
checks on the Schengen Information System and with Interpol (ASF). Additionally
checks are made by examining the contract made between the seller and the buyer
to verify that this person is the actual owner. For vehicles that are already
registered, the contract has to be signed by a notary. If the certificate of conformity ('COC') is
missing or not available, the customer is sent to a Technical Service like
Dekra. There a technical admittance test is performed mainly based on permanent
PTI requirements. The report is sent to KAT. After obligations like insurance, PTI, tax,
payment of inspection costs are checked a vehicle license plate is issued and
directly mounted (in a safe way) to the vehicle by a mechanic from the licence
plate manufactures. 8.3.3. Czech
Republic Persons who will stay in the Czech Republic for
more than one year have to register their car there. According to Czech law,
one can only register cars that are less than 5 or 8 years old, depending on
the type of the car. Prior to the registration of a motor vehicle
that was brought into the Czech Republic, the vehicle must be inspected by the
Technical Inspection Unit (STK). The certificate issued by this Unit remains
valid for three months for the purpose of registration. When importing five or less vehicles of the
same type per year, individual inspection is required for each vehicle based on
the request of the individual importer (usually a person). If more than five
vehicles are imported in one year, the inspection of the respective type of
vehicle is executed at the request of the producer or importer (usually a legal
entity) and no further inspections are necessary for other imports of the same
type that has been already approved. If the vehicle meets the requirements set out
in Regulation No. 102/1995 Coll., it may then be registered by the Transport
Inspectorate of the Czech Police. The basic requirements for the registration
of a motor vehicle in the Czech Republic include a low emission rate (a
catalytic converter is not mandatory), the technical specification of the
vehicle and the vehicle operating manual. Various special requirements apply for vehicle
registration in the Czech Republic, for example mirrors on both sides of
vehicles, a gasoline tank with a lock, a steering wheel on the left side only,
etc. The registration of a vehicle is not valid until its technical conditions
meet all these requirements. 8.3.4. Denmark The registration of motor vehicles is managed
by SKAT, the Danish Tax authority. Persons bringing a vehicle to Denmark and
taking up residence in Denmark, must register their motor vehicles in Denmark
within 14 days of arrival, and pay registration tax. Persons residing in
Denmark are not allowed to use motor vehicles registered in another country,
with the exception of students or persons residing in another Member State but
working in Denmark if they obtain a permit for using a motor vehicle registered
in another country. Before the vehicle can be registered in
Denmark, the Danish authorities require an ordinary technical inspection and a
customs inspection by the vehicle inspection authority to determine the
identity, the number of kilometres on the clock, features and general condition
of the vehicle. When the vehicle has passed the inspection, the applicant must
visit the nearest tax centre and submit a file containing the vehicle
inspection form and the customs inspection form issued by the vehicle
inspection authority, the registration certificate issued in the Member State
of origin, cash to pay the registration tax and the registration form (form no.
21.016). SKAT will then calculate the registration tax
based on the vehicle's market price inclusive of registration tax if sold to a
person in Denmark. This price will be compared to the vehicle's original cost
and loss in value. The decision concerning the valuation of the vehicle is then
sent to the applicant (form no. 21.043). When the registration tax is paid, the number
plate desk at the tax centre will issue Danish number plates provided that the
following documents are submitted: the vehicle inspection form, the
registration certificate issued by the other Member State, the insurance
certificate, the decision concerning valuation, the receipt for the payment of
the registration tax and cash to pay for number plates[69]. 8.3.5. Germany Registration system In Germany, the federal 16 states carry out the
actual vehicle registration. In comparison with similar organisations in other
countries, the central German registration organisation, the
Kraftfahrt-Bundesamt (KBA), has a relatively small range of tasks. It is the
type approval authority for motor vehicles in Germany, and it maintains and
operates the four federal registers, one of which relates to the vehicle chain.
There are 420 vehicle licensing offices in Germany. The licensing system is vehicle and district
based. The 420 licensing offices across the federal states are authorized to
issue licence numbers. These offices maintain their own registers of all
vehicles for which they have issued licence numbers. The KBA also records all
vehicles with their technical data and their holder data in a central vehicle
register, called ZFZR (Zentrales Fahrzeugregister). Vehicles (and their trailers) which on the
basis of their construction can reach a speed of more than 6 kilometres per
hour may be used on the public roads if they are licensed and registered. These
vehicles must have a national approval or an EU type approval and a compulsory
third-party insurance. Passenger vehicles, commercial vehicles and lorries,
motorcycles, mopeds, agricultural tractors, road-construction and maintenance
machines and trailers are licensed and registered. Procedures When a vehicle is sold, the buyer or dealer has
to show the Part II document to the licensing office. Additionally the
existence of third-party insurance has to be proved. This is done
electronically by the licensing office who make an online request to a database
containing proof of insurance operated by the association of insurance
companies (see also section 2.4). If all preconditions for registration are
fulfilled the license authority allocates a licence number to the vehicle. The
holder then has to buy the number plates. A supplier is usually located near
the licensing office. The holder then takes the number plates to the licensing
office. In the meantime, the holder and vehicle details have been recorded in
the district register. For mass-produced vehicles, the registration relies on a
register with type data information (technical data of a vehicle type). The KBA
updates this type data register daily. The registration certificate Part II includes
the holder's details. The licensing office prepares a registration certificate
Part I and attaches a sticker on the number plates. The licensing office then
informs the KBA, for registration in the ZFZR central vehicle register, the tax
office and the insurance company. Motor vehicles registered in another Member
State must be inspected by the TÜV or another similar body. The owner then
takes the approval declaration to the licensing office. This ascertains whether
the applicant has the right to have the vehicle, on the basis, for instance, of
a purchase contract. The vehicle licensing office checks, via the KBA, that the
vehicle does not already have a registration certificate Part II and that it
has not been stolen. The vehicle licensing office also consults the EUCARIS system
and the Schengen Information System (SIS) via the KBA. If the vehicle proves to
be stolen, the vehicle licensing office or the KBA calls in the police and
informs the applicant accordingly. If everything is in order, the licensing
office prepares a registration certificate Part II. Documents The registration certificate consists of two
parts: the Registration Certificate Part I and the Registration Certificate
Part II. The first part has the function of the former vehicle certificate (in
German called “Fahrzeugschein”) and the second part has the function of the
former vehicle letter (in German called “Fahrzeugbrief”). The new registration
certificates are issued since 1 October 2005. Old documents remain valid until
a change occurs that makes it necessary to issue new documents. In principle in Germany a vehicle is
accompanied throughout its life by a registration certificate Part II
(in German it is called “Fahrzeugbrief”), which lists the holder’s and
vehicle’s details. The registration certificate Part II provides proof of the
holder’s right to have the vehicle. The holder keeps the document at home or in
a safe-deposit box. In contrast to the former vehicle letter the new
registration certificate Part II that is issued according to Council Directive
1999/37/EC since 1 October 2005 does not contain all but only the main
technical vehicle details and at maximum two holder entries. If no registration
certificate Part II is available, the holder must obtain documentary evidence
of the right to have the vehicle in some way or another, for instance by
submitting a copy of a purchase contract. Registration certificates Part II are items of
value. Quite a number of security features is incorporated in the registration
certificate Part II. They are printed by the Bundesdruckerei GmbH in Berlin on
security paper and issued with a number, on the basis of which the KBA monitors
distribution. The documents are distributed from KBA among manufacturers,
importers and licensing offices. In most cases the manufacturer or importer
allocates a registration certificate Part II to a vehicle and prints the
vehicle details (including the vehicle identification number (VIN)) on the
document. They report the number of the document as well as the vehicle
identification number (VIN) to the KBA. In this way the vehicle and the
registration certificate Part II are linked to each other at an early stage and
stored in the ZFZR central vehicle register. The holder must present the registration
certificate Part II at the licensing office when the vehicle is licensed and
when any details are changed. It is impossible in Germany to prove rightful
ownership of the vehicle without the accompanying registration certificate Part
II. For that reason this document serves as a kind of ownership protection,
although it is not an ownership title as such. The holder can use the registration certificate
Part II as collateral for loans. In that case the lender will retain the Part
II document until the final loan repayment. During this time the holder cannot
sell the vehicle. The registration certificate Part I (in
German it is called “Fahrzeugschein”) provides proof of correct licensing. This
document is issued by the licensing office. It contains the following in
particular, the name of the vehicle holder, the technical details, which (in
part) are also listed on the registration certificate Part II and the location
of the vehicle, in case this differs from the holder’s residence. In contrast with the Part II document, the
registration certificate Part I must be kept in the vehicle when it is being
used, so that drivers can present it to the authorities on request (at roadside
checks, for instance). In case of a change, such as a transfer, the licensing
office prepares a new registration certificate Part I. The information on the Part II document and
Part I document must be kept up-to-date. The owner or holder is obliged to
report any changes to the licensing office. If he or she fails to do so, the
licence office has the power to prohibit further use of the vehicle until the
duty to report has been fulfilled. In the event of changes, the owner or holder
must always present the registration certificate Part II. Failure to present
the Part I document is usually not an insurmountable problem. Changes that must
be reported to the licensing offices include changes to holder details (e.g.
name and address), vehicle category (e.g. through conversion), engine power,
loads and weights, emission values and change of location (in case of a move to
another district, a vehicle normally receives a new licence number). When the
vehicle is transferred to another district, it receives a new licence number. The licensing office records changes on the
registration certificate Part II. If there is no place free for new entries a
new Part II document is issued. The licensing office also retains the old
registration certificate Part I and prepares a new one. And it informs the KBA
and, if applicable, the tax office and the insurance company. 8.3.6. Estonia Maanteeamet (the Estonian Road Administration)
is responsible for the registration of motor vehicles, issuing vehicle
registration documents, number plates and managing the national road vehicle
register. It also provides data on road vehicles, their legal status and owners
as well as other related information. The licence system is vehicle-based but there
are possibilities in certain cases to retain the number plates and use them on
another vehicle. Passenger cars, motorcycles, commercial
vehicles, trailers, tractors, mobile machinery and all terrain vehicles are
registered. Registering a moped is compulsory since 2011. Before the registration process can start, the
vehicle must pass the pre-registration inspection. The vehicle documentation as
well as the vehicle’s compliance with the national technical requirements are
verified. After the inspection, the owner of the vehicle or holder presents an
application and a document certifying the acquisition of the vehicle, in the
absence of this any other document certifying the ownership of the vehicle, the
registration certificate (in case of an used vehicle), the certificate of
conformity (in case of a new vehicle) and other documents when needed. After registration, the registration
certificate and number plate(s) are issued immediately to the applicant. The
owner must insure the vehicle for use on public roads and a technical
inspection must be passed. Owners of vehicles must apply for the change of
registration data in case of transfer of ownership, change of recorded data of
an owner (name, address), data of a vehicle (colour, engine, etc) or in case of
loss or theft of the registration certificates. 8.3.7. Ireland Registration system The Revenue Commissioners are the registration
authority in Ireland. They register vehicles, collect Vehicle Registration Tax
(VRT) and assign registration numbers. The Department of Transport issues
registration certificates for vehicles and are responsible for the collection
of Circulation Tax on behalf of the Department of the Environment, Heritage and
Local Government through online services and local authorities. The licensing system in Ireland is
vehicle-based. Procedures Authorized distributors deliver new vehicles to
dealers. The dealer is provided with a partially completed registration declaration
document on which relevant vehicle details (partly taken from the type approval
details) are already entered. When the vehicle is sold, the dealer amends the
document with the new holder’s details. The dealer then electronically (in
about 95% of registrations) declares the transaction to Revenue and arranges
payment of the VRT due, usually via their current account. The dealer will be
informed of the registration number allocated to the vehicle and will supply
the vehicle to the customer with the registration plate attached. Private importations or registrations of used
vehicles must be completed at a National Car Testing Centre. The new keeper
(registered owner) of the vehicle must pay the first Circulation Tax either
directly online or at a local authority Motor Tax Office. Transport department
will post the registration document to them after payment. Transfers of ownership and other changes to the
holder details are indicated on the Registration Certificate. The old and the
new holder sign the document, which is sent to the responsible department where
the changes are registered. A new Registration Certificate is then produced and
sent to the new holder. Details of motor dealers involved in holder changes are
also recorded in the central register and motor dealers become the registered
owners of the vehicles while in their possession, however a new Registration
Certificate is not issued in these circumstances. An internet based facility which allows
approved motor dealers to notify changes in ownership for vehicles purchased
and sold by them was introduced in May 2008 and provides an additional channel
to notify changes. Where dealers use this service they are required to retain
the signed documents for a period of three years. Modifications to the vehicle,
particularly those that may impact on the registration tax or the annual motor
tax must be notified to the relevant authorities, whether Revenue or Transport.
In some cases, where the change is significant and may compromise the vehicle
type approval, it is planned that a certification process, whether individual
vehicle approval or a more simple certification process be put in place to
ensure that the vehicle modification has not compromised the safety of the
vehicle. Documents The main document in the system is the
Registration Certificate, which contains details of the vehicle and the
registered owner. It is issued by Transport after registration of the vehicle
by Revenue and payment of the first annual Circulation Tax. This document was
introduced in 2004 to replace two documents previously issued for each vehicle,
the Vehicle Registration Certificate and the Vehicle Licensing Certificate. The new document was introduced to improve
customer service and to comply with Council Directives 1999/37/EC and
2003/127/EC. The document does not need to be present in the vehicle when it is
on the road. In the case of individual importation of
vehicles, all original documents are returned to the country of origin via the
appropriate embassy or vehicle licensing authority. 8.3.8. Greece EU citizens may circulate in Greece in their EU
state registered car during six months. After six months the car must leave the
country or be registered in Greece. The car registration document is always
required. Travellers should at all times be able to prove to the authorities
when the car was brought into Greece. To qualify for a second period of tax free
circulation: either both the car and the owner should be out of Greece for at
least 185 days or while the owner is away, the vehicle can remain at a special
Customs compound in Greece for the period stated. Greek circulation tax is
payable for all additional periods of circulation. The entitlement to circulate
on foreign plates is strictly personal, consequently only the wife/husband or
children may use the car in addition to the owner. After the expiry of the
period granted by the customs authorities, the person concerned will be
required to re-export the car, or to seal it with the customs for a period of
at least 6 months (but no more than 12 months) after which time, provided the
owner can show that he/she has been out of Greece for at least 6 months during
this time, another 6 month circulation period will be granted, or clear it
through customs. In general, the car dealer who sells a new car
will register it temporarily for the buyer. If not, the dealer will supply the
buyer with the appropriate documents required for registration. New cars are registered at the local Citizen
Service Centre (Κεντρο
Εξυπηρετησης
Πολιτων - KEP). The buyer submits the
necessary documents to the KEP and the application is forwarded to the
competent institution. A receipt, the
Βεβαιωση
υποβολης
αιτηματος, is issued. The buyer is
notified when the final document is ready to be collected. The following documents are required to
register a private passenger vehicle: certified copy of proof of identity, the
residence permit for foreign residents (Aδεια
παραμονης), a document from the
manufacturer, the application for registration of a new passenger car, a copy
of certificate in accordance with the JMD 31949/2725/99 (V330) issued by the
Department of Transport and the EU certificate of conformity. For motor vehicles that are already registered,
the following documents are required for the transfer of ownership and
registration: a certified copy of proof of identity of both the buyer and
seller, a receipt of payment by the seller (an invoice marked paid), a request
for transfer and registration of the car ownership (document Aitisi), the
previous vehicle registration document, certified by the local tax office
proving that the annual vehicle tax was paid, a power of attorney, if
registration is carried out by a third party and the residence permit for
foreign citizens (Aδεια
παραμονης). The documents have to
be submitted to the local Citizen Service Centre
(Κεντρο Εξυπηρετησης
Πολιτων - KEP). The buyer will be notified
once the documents are ready for collection. Car insurance should be taken out
before registration of the vehicle. Vehicles entering Greece are also required
to undergo a test at a Vehicle Technical Control Centre (KTEO). 8.3.9. Spain Registration system The registration of motor vehicles is managed
by the DGT (Dirección General de Tráfico). Spain has a vehicle-based licensing system.
Cars, buses, motorcycles, trailers weighing more than 750 kg, lorries and
mopeds are all registered and bear licence plates. Agricultural tractors are
registered as special vehicles. Procedures The regular importation of new vehicles is
carried out in an automated way through certified importers and manufacturers. Vehicles imported by individuals and homemade
vehicles must be registered at a provincial office after the vehicle has been
taken to an ITV station for at least an identity check. Requisite documents
include the certificate of conformity, certificates to prove that the municipal
tax and the registration tax have been paid, and proof of identity. A proof of
insurance is not required. The application form can be filled in on location or
on the internet. The vehicle document can be picked up the next day, after
which the licence plates can be purchased. The procedure for transfers of ownership is the
same as for individual importation, with the understanding that instead of the
COP the valid vehicle document must be produced. In principle, both the buyer
and the vendor must register the transfer, but given the elaborate
administrative procedure people often call in a service company and authorise
it to register the transfer. Documents The European harmonised vehicle document was
introduced in 2005 as a one-part document. No new additions are made to the
document – that is, a new document is issued if any changes have to be made.
Drivers need to have the document on them when they are on the road. A
smartcard registration document is being prepared. 8.3.10. France Registration system France adopted a new, nationwide vehicle
registration system in 2009. This is the ‘Système d'Immatriculation des
Véhicules’ (SIV). The registration is done at the Préfecture or
Sous-Préfecture. France has a vehicle-based licensing system
(‘un numéro à vie’). The vehicle is issued with a registration number at the
first point of registration. This remains with the car until it is destroyed or
exported, regardless of its location of registration in France. An owner need
not change the registration of a vehicle bought in a different ‘département’.
An owner need not change the registration if they move ‘département’, although
they are required to report a change of address. A sticker will be sent by post
which must be placed in the registration document (there is no charge) It is not obligatory to register a foreign
vehicle in France unless the owner is resident in France. A resident is someone
who is domiciled in France for more than six months (183 days) per year, or who
is employed in France. A private vehicle must be re-registered in
France if it is owned and used by a resident of France. Procedures For the registration of motor vehicles
previously registered in another Member State, the vehicle's original
registration documents and receipt of sale should be transmitted to the Centre
des Impots where a fiscal certificate (Quitus Fiscal) or tax clearance form
will be issued. The motor registration department at the
Préfecture or Sous-Préfecture will start the registration process on the basis
of a ‘Demande de certificat d'immatriculation d'un véhicule’. The applicant
will have to provide the registration department with the following documents: –
Proof of identity; –
Proof of residence/address (property title
deeds, rental contract, utility bill, insurance certificate); –
A copy of the foreign registration certificate; –
Copy of the Certificat de Conformité Europeen
(issued by the manufacturer or their agent) or an Attestation RTI (Reception à
Titre Isolé). There are two ways to identify that the car is of a recognised
type in France or in the EU. Either by the identification number given by the
manufacturer for cars produced in series (Certificate de Conformité Europeen)
or with a ‘Attestation RTI’ (Reception à Titre Isolé) from DREAL (Directions
Régionales de l’Environnement, de l’Aménagement et du Logement); –
A copy of the certificate of purchase and customs
clearance certificate (issued by the Centre des Impots); –
Côntrole technique certificate if required: if
the car is more than four years old it will need to pass a ‘côntrole
technique’, the French roadworthiness test; this must have occurred less than
six months before (two months if a contre-visite or re-test is required).
Roadworthiness certificates from other countries are usually not accepted as an
alternative - the car must pass a French ‘côntrole technique’. The Préfecture or Sous-Préfecture will detail
where the documents should be sent. The DREAL (Directions Régionales de
l’Environnement, de l’Aménagement et du Logement) might ask for additional
documents. The car owner is notified when they should
return to the Préfecture or Sous-Préfecture, where the registration document,
and new registration number are issued. Next, new number plates (plaques
d'immatriculation) must be ordered, made and fitted. 8.3.11. Italy Registration system In Italy, the licensing activities are
performed by two organisations, the Ministry of Transport and Infrastructure
(‘DG V&T’) and the Automobile Club Italy (‘ACI’). These organisations are
statutorily appointed to carry out the various tasks. The ACI’s tasks focus
primarily on the ownership aspects of licensing and providing related legal
information. The DG V&T carries out, inter alia, the licensing of data
relating to vehicles and supplies information for tracing and enforcement. DG V&T and ACI regularly exchange their
respective files in an attempt to avoid discrepancies in the database. The
Italian system is based on continuous registration. Vehicles are included,
without interruption, in the registers of the DG V&T and ACI from first
registration until they are scrapped. At the end of the vehicle’s life (i.e. when
it is scrapped) or on export, the history is checked. Any gaps must then be
accounted for. The registration number is specific to the
vehicle. Documents There are two official vehicle documents. The
registration document is issued by DG V&T. This must be present in the
vehicle whenever it is used. The ownership document is issued after
ratification of ownership and may be kept at home. In both cases, modifications
to the document are made using stickers that must be pasted over the details
that have changed. From 2002 both the documents (the registration
document and the ownership certificate, the so-called “certificate di
proprietà”) are issued in real time by ACI or DG V&T. Upon initial registration, the registration
document is issued by the provincial offices of the DG V&T. The document
primarily contains data relating to the vehicle. When the registration document
is issued, the personal details of the person claiming to be the owner are
included in addition to the technical data. No check is made by the DG V&T
as to whether this person is the actual owner (a photocopy of a registration
document is sufficient). The registration form has recently been modified in
line with the EU requirements that came into effect from 2004. Upon receipt of the number plates, the
applicant must inform the ACI about his ownership with a declaration ratified
by a notary or by an official. The ACI processes this in the PRA (Public
Register Automotive) and checks who the actual owner is. Vehicles that do not have a certificate of
conformity or which enter via parallel import (about 5%) have to be submitted
to one of the 90 provincial inspection centres. Procedures Transfer of ownership can be processed via
agencies or directly by ACI or DG V&T. Changes in vehicle ownership have to
be accomplished by means of a contract legalised by a notary or an official. Changes of address are notified by the
municipal authorities to the DG V&T. The DG V&T send the information to
ACI. Vehicle owners notify any technical changes,
insofar as these affect items on the registration document, at one of the
provincial offices of the DG V&T. Depending on the nature of the
modification, the vehicle may then be inspected at one of the inspection
centres. The owner subsequently receives a special sticker showing the updated
details. This is pasted over the old details. 8.3.12. Cyprus Right hand drive, used vehicles, with first
registration or purchase in a European Union Member State The applicant must submit the following
documents to the registration authorities: –
Registration certificate (indicating that the
vehicle’s first registration was in an EU Member State) –
Invoice or sales contract, if the vehicle is not
registered to the person importing and registering the vehicle (from now on
referred to as the “owner” of the vehicle) If the above documents are in a language other
than Greek or English, the owner must produce verified translated documents
issued by the Press and Information Office. The documents must be properly
stamped at the Stamp Duty Section of the Ministry of Finance. The owner must submit all above documents to
the District Vehicle Examination Centre of the Road Transport Department
(R.T.D.) to have a certificate confirming the vehicle’s CO2 emissions, issued.
The owner should then acquire the vehicle according to the procedure of the
Department of Customs. The owner must then apply for a roadworthiness
certificate by presenting the vehicle to an authorized Private Vehicle
Examination Centre (accompanied with Customs documents and other required
documents as described in paragraphs A1-A2 above) for inspection. Provided that
all paperwork is correct and the vehicle is in proper working condition, a
roadworthiness certificate will be issued. The owner must then present the
vehicle to a District Vehicle Examination Centre of R.T.D. (accompanied with
all above documentation) for inspection for registration. Upon successful completion of these procedures,
the owner will have to submit all the above documents to one of the Motor Car
Registry offices of R.T.D. for registration of the vehicle. Left hand drive vehicles Left hand drive, saloon type vehicles, can be
registered in Cyprus, provided that: –
The procedure above is followed, –
the vehicle is submitted to a test for single
vehicle left hand drive vehicles, undergoes any necessary modifications and
certificate TOM 139(β) is issued; –
the vehicle is accompanied by any of the
following documents: an approved SVA certificate, a registration certificate
from an EU member state indicating proof of EU type approval, or the
Certificate of Conformity from an EU Member State. 8.3.13. Latvia Registration system The registration is done by the CSDD (Road
Traffic Safety Directorate). Latvia has a vehicle-based licensing system.
All vehicles must be presented annually for technical inspection. In this way,
registrations are kept up to date and obligations with regard to inspection,
insurance and taxation are enforced. Cars, lorries, buses, motorcycles and all
trailers are registered and bear licence plates. Transfers of ownership are dealt with at the
CSDD offices. CSDD registers about 750 transfers of ownership per day. There
are two ways transfer of ownership can be performed: ·
Based on an ownership document (purchase
agreement, grant agreement etc.) In this case, the presence of the vendor is
not necessary; ·
Based on an ownership’s transfer application,
which is executed at the CSDD office and signed both by buyer and vendor. All vehicles are inspected individually.
Documents and licence plates are issued immediately after the inspection. Documents The registration document is a tamper-proof
certificate. This is generated based on the vehicle register. People are
required to have this document with them when driving a vehicle. 8.3.14. Lithuania Registration system Motor vehicles are registered by the public
enterprise REGITRA. It was established by the Ministry of the Interior and
within the framework of the Law of the Republic of Lithuania "On State and
Municipal Enterprises" is subordinate to the Ministry. REGITRA registers
passenger cars, buses, coaches, lorries, their trailers (irrespective of their
weight), motorcycles and mopeds. Administrations of municipalities carry out
registration of tractors, self-propelled and agricultural machinery and their
trailers, they issue registration certificates and number plates. Lithuania has a separate Register of Tractors,
Self-Propelled and Agricultural Machinery and their Trailers (‘Register of
Tractors’). It is different from the Register of Road Vehicles which falls under
the responsibility of the Ministry of Agriculture. The state enterprise
Agricultural Information and Rural Business Centre is the institution
responsible for the administration of the information system of the Register of
Tractors. Procedures There are four main types of vehicle
registration procedures in Lithuania: the first registration, temporary
registration, change of registration data and deregistration. The vehicle identification inspection is a
compulsory initial stage of procedures of the first registration and change of
vehicle data. Personal ID and vehicle documents are checked in the course of
all types of registration procedures. Registration documents and licence plates
in all cases are issued on the spot at the final stage of the registration
procedures. The following documents must be submitted for
the first registration: an application, a personal identification document of
an applicant, a document certifying the right to represent an owner (power of
attorney, proxy, etc.) where an applicant is not the owner, an acquisition
document (invoice, purchase agreement, etc), a foreign vehicle registration
certificate (where appropriate), a contract of compulsory insurance against
civil liability in respect of the use of motor vehicles (Motor Insurance) and a
certificate of conformity (where appropriate). There is a possibility for dealers to register
new vehicles for their customers. In this case a representative of the retailer
should also submit the purchase agreement where an authorization to register
the vehicle on behalf of the owner is indicated. Owners of vehicles must apply for the change of
registration data in the following cases: upon transfer of ownership, change of
recorded data of an owner (name, address), data of a vehicle (colour, engine,
etc) and the validity period of temporary registration, when there is a need to
change number plates and/or the registration certificate (badly damaged, stolen
or lost). The application has to be submitted within 30 days or immediately if
a certificate or number plates are stolen or lost. Documents Currently there are 5 models of valid
Lithuanian registration certificates in use: –
The 1992 model, issued 01/10/1992 – 31/01/2001.
It is currently quite rare in traffic. The issued certificates were folded in
the middle, sealed in protective film and they have a shape of a plastic card; –
The 2001 model (green), issued 01/02/2001 -
27/04/2004 ; –
The 2004 model (green), issued 27/04/2004 -
24/07/2006; –
The 2006 model (green), issued from 17/07/2006; –
The 2010 model (green), issued from 06/01/2010. The above documents are intended, inter alia,
for the re-registration of vehicles. There are also 2 models of another type of
documents - vehicle user certificates (blue). Those documents were intended for
the vehicle users other than owners, were not compulsory, issued alongside
registration certificates upon request of an owner and valid for 5 years. It
should be noted that the user certificates do not confirm the holder’s
proprietary right to the vehicle and therefore are not intended for the
re-registration. The user certificates are no longer issued since 07/2006 as
the data of vehicle users can be (on application of an owner or his legitimate
representative) indicated on the reverse side of the newest Registration Certificate.
The data of the vehicle user/holder of the certificate are provided in
conformity with Directive 1999/37/EC under the codes (C.1.1) surname or
business name; (C.1.2) other name(s) or initial(s); (C.1.3) address in the
Member State of registration on the date of issue of the document and (C.4.b)
is not the vehicle owner. All the documents consist of one part only. 8.3.15. Luxembourg Registration system The SNCH, the ‘Société Nationale de
Certification et d’Homologation’ is the managing the car registration in
Luxembourg. Luxembourg has a vehicle-based licensing
system. Cars, motorcycles, lorries, trailers (regardless of weight) and mopeds
are registered and bear licence plates. Procedures Registration takes place at one of the three
SNCT stations and is preceded by either a technical inspection or a conformity
inspection involving the physical check of the identity of the vehicle (stamped
VIN Number). For vehicles coming from countries that are EUCARIS participants,
every vehicle is checked via EUCARIS. As soon as the inspection has been
successfully completed, and payment has been made, the new documents are
issued. In addition to the completed registration form,
one must submit a proof of purchase, proof of insurance and proof of identity.
The previous owner/keeper has to hand in both parts of the old registration
document. The procedure to be followed for the change of
ownership of a vehicle is quite similar to that described for a new vehicle. On
1 August 2004, the technical inspection of a vehicle in case of change of
ownership was made voluntary, if the previous inspection certificate remains
valid for at least 6 weeks. In case of technical modifications on a
vehicle, the relating administrative procedure is also done in the premises of
our three SNCT inspection centres, where the identification of the vehicles can
be done as well as the eventual check of the technical modifications (colour,
fuel...). Documents Since December 2006, Luxembourg has a two-part
registration document, of grey and yellow colour (before only one part document
in grey colour), containing information both on the vehicle as well as on the
owner and the keeper (holder). The document does not constitute a historical
record. If any changes occur, a new document is made out. The registration
document has to be in the car when it is being driven. 8.3.16. Hungary Registration system The COAEPS (Central Office for Administrative
and Electronic Public Services – Vehicle and Driving Licence Administration and
Registration Department) is responsible for the central registration and
therefore has a role in the licensing and during tracing and enforcement. The licensing system and the tax system are not
integrated. The local tax authorities get a monthly update database on the
basis of the changed data registered by the local authorities. The licensing
system is linked with the central personal database, with the vehicle
originality inspection system and with the Customs. Procedures The licensing system is vehicle-based, though
it is possible in some cases to keep the number plates and use them on another
vehicle. The Hungarian vehicle register includes data both on the holder and on
the owner. Passenger cars, buses, coaches, lorries,
trailers, motorcycles and agricultural vehicles have to be registered. The
vehicles appear in the Vehicle Registration from the first registration until
10 years after the de-registration. The registration takes place in the document
service centres. There are over 300 document service centres in Hungary which
are part of the local government office. COAEPS is their professional
supervisor, gives professional support and regularly controls their work. There are some differences in the procedures
and the required documents for the first registration of a vehicle, depending
on the origin of the vehicle (EEA, third country, new). As the vehicle is
registered, the data appears immediately in the central register system so all
document service centres can check the new records at once. Some of the
required documents must be attached to the application and these will be sent
by the document service centre to the central file department of COAEPS. For the first registration of the vehicle the
applicant must transmit the following: –
The Technical Data Sheet which is a certification
of the technical eligibility of the vehicle by the transport authority; –
Payment receipt of the fee for the registration
certificate and the ownership booklet; –
Certification of ownership by an original
document or by a copy which has been officially authenticated as identical with
the original document, or if the original document has not been issued in the
Hungarian language, an officially authenticated Hungarian translation is to be
attached to the request as well; –
The payment receipt for the fee of the number
plates and the payment receipt for the fee of the license plate validity
sticker. –
In addition, the following documents must be
presented: –
A special national document called
„járműkísérő lap” that is issued for the trader when the vehicle is
sold; –
If there is no „járműkísérő lap”, the
originality inspection should be completed within 60 days; –
Proof of the payment of the third-party
liability insurance; –
Certification of the payment of the registration
tax in case of vehicles determined by law and the verification of the
originality of this certification has been checked by the road traffic
authority in the register; –
Certification of the payment of property
acquisition tax if the acquisition and the possession took place in the
territory of Hungary; –
The client’s identification has to be verified
by a document. Any changes considering data in the Vehicle
Registration and/or the documents to both the vehicle’s and the keeper’s
details must be registered by the document service centres. Documents The registration certificate of Hungary
consists of only one part. Although Hungary has used the harmonised EU vehicle
Registration Certificate since 1st July 2004, there are still other valid types
of Registration Certificates in Hungary: ·
Type “A” Registration Certificate was issued
until 31/12/1998. The Document was made of green card, it was filled in by hand
and was split into two. The number of these Registration Certificates are
steadily decreasing as they must be exchanged to the type “C” Registration
Certificate whenever the holder starts a procedure in the document service
centre. ·
Type “B” Registration Certificate was issued
from 01/01/1999 until 30/06/2004. This document looks similar to the type “C”
Registration Certificate though it contains the data descriptions in Hungarian
and not with EU codes and the print is different. These documents will have to
be exchanged to the type “C” when data of the vehicle or the holder has
changed. ·
Type “C” Registration Certificate has been
issued since 1st July 2004 following Directive 1999/37/EC. This document is
green and folded into three. On the front side there are the data of the
vehicle (with codes) and name, address and legal status (holder, owner, lessee
etc.) of the holder. On the back there are the stickers of the technical
inspection, date, signature and stamp of the issuing authority and space for
possible authorised remarks. The Registration Certificate is to be held in
the vehicle while using it on public roads. In Hungary it is not necessary that the holder
and the owner should be the same person. If the owner and the holder of the
vehicle are different persons they are both registered in the Vehicle
Registration. As proof of ownership, a green plastic card (size of a credit
card) is issued by the document service centre. This card, called “ownership
booklet” has a very important role in the Hungarian registration procedure but
is not Part II of the Registration Certificate in the sense of Directive
1999/37/EC. The ownership booklet is withdrawn and re-issued at every change of
owner and in some other cases. The vehicle originality inspection is a
compulsory check of the vehicle documents and the vehicle originality data thus
avoiding forgery. It must be processed before registering a new owner. 8.3.17. Malta Registration system The registration process is managed by the
Malta Transport Authority. Procedures For new motor vehicles, the dealer must login
to the Online Registration system www.vehicleregistration.gov.mt to register
and license the vehicle accordingly. After registering the vehicle he will be
requested to present the documents listed below, at the Land Transport
Directorate in Hall C between 7.30 and 12.00, Monday to Friday, except Public
Holidays. In the case of New Private (M1) Vehicles,
Chauffer Driven and Taxis, the following documents must be presented: –
Deposit Form VEH 03; –
Duly filled Application Forms, VEH 01 and VEH 02
for one time importers and VEH 25 for authorized motor car dealers, downloaded
from website www.transport.gov.mt;
–
New vehicles must comply with Directive
2007/46/EC, i.e.: Only vehicles with an engine complying to emission level
standards of EURO 5 or higher may be registered; –
The original Certificate of Conformity (Item 46.1
on the Certificate of Conformity must read 715/2007/EEC/692/2008. Only vehicles
having such description may be registered); –
The invoice; –
The freight note and Marine Insurance (if
applicable); –
A valid insurance policy; –
Copy of ID card of purchaser (front only); –
Customs Inspection Form VEH 04 for vehicles
coming from Non-EU countries; –
Board resolution if the vehicle will be licensed
on behalf of an Organisation In the case of new Goods Carrying Vehicles (N1,
N2, and N3), besides the above documents, the agent/dealer must also present a
declaration for: –
N1 vehicles (Class 1) with Reference Mass
between 0 and 1,305kg require a declaration by the manufacturer confirming that
the vehicle complies with the emission level standards established under
Regulation (EC) No 715/2007 as amended (Euro 5/V); –
N1 vehicles (Class 2) with Reference Mass
between 1,306kg and 1,760kg and N1 (Class 3) with Reference Mass between 1,761
and 2,610kg require a declaration by the manufacturer confirming that the
vehicle complies with the emission level standards established under Directive
70/220/EEC (Euro 4/IV) or higher; –
N2 and N3 vehicles with a maximum authorised
Mass over 3,500kg having heavy duty engines require a declaration by the
manufacturer confirming that the vehicle complies with the emission level
standards established under Directive 2005/55/EC, (Euro 5/V); –
Engineer’s report (in the case of chassis cab); –
Certificate from the Public Health Authority (in
the case of refrigerated vehicle). All new N1 vehicles manufactured after 29
October 2011, are required to have a Certificate of Conformity and all N2 and
N3 vehicles manufactured after 29 October 2012 will also be required to have a
Certificate of Conformity. In the case of new Motorcycles and M1 vehicles the
same documents as for Private vehicles are required. Prior to registration, all M1 vehicles will be
inspected by Technical Unit to confirm if the vehicle may be used on the road. The invoice must be issued by the manufacturer
or by an authorized agent of the manufacturer showing the cost of the vehicle
and in the case of a goods vehicle or an off road vehicle the engine capacity
and gross vehicle weight, and the other documents showing the CIF (Cost,
Insurance and Freight) value. (Motor Vehicles Registration and Licensing Act,
Cap 36, Article (d)). Used vehicles transferred from other EU
countries must be inspected and verified. Persons bringing a used vehicle from
an EU Member State have to make an appointment for the Inspection and
Verification of the vehicle. On the appointed day, the client has to take
the vehicle to the Technical Unit of the Land Transport Directorate in
Floriana. The following is the list of documents required for Inspection and
Verification of the vehicle: –
Foreign Registration Certificate (Logbook) of
vehicle signed by foreign Seller and the new Buyer; –
A print out from the Transport Malta website
with Vehicle Registration Value www.vehicleregistration.gov.mt; –
For Goods vehicles and ATV’s the car dealer or
individual must submit a duly filled Application Form VEH 01. On the appointed day, the Technical Unit will
verify that the details on the logbook tally with the valuation printout and
with the actual vehicle. The valuation printout will be signed and
stamped by the Technical Unit, and returned to the customer to be used during
registration. After that the vehicle is inspected and
verified by the Technical Unit, the client may register the vehicle at Hall B
at the Land Transport Directorate between 7.30 and 12.00. In the case of Used Private (M1) Vehicles the
following documents must be presented: –
Deposit form VEH 03; –
Duly filled Application Forms, VEH 01 and VEH 02
for individuals and VEH 25 for motor car dealers, downloaded from website www.transport.gov.mt;
–
Valuation printout signed by Technical Unit; –
Original Foreign Registration Certificate
(logbook) signed by the foreign owner and the new buyer; –
For vehicles brought into Malta as of the 1 April
2011, or thereafter an Odometer Certificate of Authenticity issued by a body
approved by the Authority (JEVIC) showing the vehicle’s authentic odometer
reading. Details: JEVIC UK LTD, Building 46, Dunsfold Park, Cranleigh, Surrey,
GU6 8TB, United Kingdom; –
Foreign Plates; –
Valid insurance policy certificate, starting
from date of registration (however owner must have the vehicle insured whilst
the vehicle is used in Malta); –
VRT passed certificate (should be done prior to
inspection); –
Board resolution by company secretary if the
vehicle will be licensed on behalf of a company In the case of Used Goods Carrying Vehicles
(N1, N2 and N3), the above documents are required together with: –
Engineer’s report (in the case of chassis cab); –
Certificate from the Public Health Authority (in
the case of refrigerated vehicle). In the case of Used Motorcycles and ATV’s the
same documents as for Private vehicles are required, except for the VRT and
JEVIC certificate which is not required for a Motorcycle. Clients whose vehicles have not been supplied
for more than 6 months from date of first entry into service or have not
travelled more than 6,000 km must supply an invoice issued by the manufacturer
or by an authorized agent of the manufacturer showing the cost of the vehicle
and in the case of a goods vehicle or an off road vehicle the engine capacity
and gross vehicle weight, and the other documents showing the CIF (Cost
Insurance and Freight) value (Motor Vehicle Registration and Licensing, Cap 368
Article 4 (d)). 8.3.18. Netherlands Registration system The registration is performed by the RDW. It is
an independent administrative body under the Ministry of Transport, Public
Works and Water Management. The minister of transport, public works and water
management carries political responsibility for the RDW’s activities and sets
its responsibilities. The RDW is a non-profit organization dedicated to
executing statutory tasks. In principle it is financed by its cost-covering
charges. The Netherlands Postal Service is a major
partner for the RDW in the execution of its tasks in the vehicle chain. Through
600 post offices, it arranges transfers and suspensions. Furthermore, around
23,000 car dealers and garages and demolition firms record many changes on-line
in the spheres of change of ownership, PTI, business stock and demolition. The Netherlands has a strictly vehicle-based
licensing system. Its underlying principle is continuous registration, that is
to say, a vehicle must appear in the registration system without interruption
from the cradle (admission) to the grave (demolition or export). Central to the
system is what is called the ‘holdership’ concept in the Netherlands. This
means that the vehicle obligations in terms of taxation, inspection and
insurance and related to holding the vehicle, not its use. Hence, registration
provides the basis for the vehicle obligations in the Netherlands. Passenger vehicles, commercial vehicles and
lorries, motorcycles, mopeds and trailers over 750 kg are licensed and
registered. Procedures The RDW registers around 650,000 new vehicles
every year. Every day authorized dealers/importers report around 2,700 new
vehicles with a European or national type approval to the RDW. These vehicles
are given a licence number on the same day, and the RDW sends the vehicle
registration document part IA to the importer. In case of individual imports or home build
vehicles, the RDW inspects around 12,500 motor vehicles every month at one of
its inspection centres. The RDW then generates a licence number centrally,
prepares the documents and sends them out. If an imported vehicle is not older
then 3 years, comes from an EU Member State and has the required documents, an
identity and a limited technical inspection is mandatory. Around 6.5 million changes of ownership in the
vehicle register are entered every year, including the transfers, which are
processed at one of the 600 post offices or, since the April 2002, at one of
the 4.500 dealers who are authorised for this purpose. These dealers are
connected to authorised providers who have connection to the vehicle register
of the RDW. The new owner or a dealer acting on the new owner’s behalf presents
the part IB document and the transfer document and provides proof of identity
with a valid driving licence or passport. The transfer process is computerized,
executed on-line and in real time with the RDW registers. The driving licence
is checked on line, as are the presented vehicle documents. At the same time
the vehicle register is checked to detect any irregularities, whether the
vehicle is stolen, for instance. If everything is in order, the vehicle is
registered in the new owner’s name. A new part IB document, showing the details
of the new owner, is then printed at the post office or authorized dealer. Vehicles transferred to an authorized car
dealer or accredited garage for inclusion in its stock can be reported as such
to the RDW electronically. In this case the vehicle obligations are temporarily
suspended. Potential buyers and staff may then only drive the vehicle when it
carries a green trade number plate. RDW inspectors make periodical and random
checks to ensure compliance with the rules. The owner reports any changes to the vehicle
directly to the RDW. Depending on the changes, the RDW inspects the vehicle and
adjusts the vehicle register. The owner then receives a new part IA document
with the updated vehicle details. Documents Vehicle registration is based on three
documents. The part IA document includes the technical data; this is issued at
first registration and when the specifications are changed. The part IB
document includes the holder details; this is issued each time the vehicle is
reregistered. The part II document includes the transfer details; this is
issued to the owner/holder only at the time of first registration; in case of
transfers it serves as proof of holdership. Drivers must have parts IA and IB on them when
driving the vehicle; part II is kept at home. None of the documents have a
historical character. That is to say, every time a change is made, a new
document is prepared. 8.3.19. Austria Registration system In Austria, insurance companies play an
important role in the licensing authority. A cooperation of insurance companies
maintains one of the two central registrations for vehicles. Transfer of
ownership, tax collection and of course insurance related services are also
provided by the insurers. The licensing system is specific to individuals and
regions. Insurance and tax obligations are highly integrated into the licensing
system. Austria has two central vehicle registers: –
One register is maintained by the Verband der
Versicherungsunternehmen Österreichs (VVO). Its primary
purpose is to assist the Zulassungsproces (admissions process), assist with
recalls and assist with the production of statistical information and
information for the government (e.g. the Ministry of Defence). In principle, no
information is given to the public from this register. However, information
concerning insurance is provided by licence number via the website. –
The other vehicle register is maintained at the
Ministry of the Interior. Its purpose is to assist the tracing and enforcement
agencies. This register is periodically updated from the register of the VVO.
Personal information in this register is updated by means of a link with the
register of persons, a notification register to which the municipalities are
affiliated. Police reports, including those relating to stolen vehicles, are
also included in this register. Cars, lorries, motorcycles, mopeds, agricultural
tractors and motorized equipment and trailers are registered and bear licence
plates. Documents The ‘Zulassungsbescheinigung’ (admission
certificate) has two parts, one of which is to be kept in the car and the other
at home. In addition there is the ‘Typenschein’, a type of ‘Fahrzeugbrief’
(vehicle logbook) with all the (historical) technical information. In January
2011 the smartcard registration document was introduced in Austria on an
optional basis. In the case of regular imports, the importer
supplies the ‘Typenschein’ with the vehicle. Otherwise – in the case of imports
by individuals, for example – the vehicle has to be inspected. One can transfer the ownership of a vehicle at
any of the 870 offices of the 25 affiliated insurance companies. To do this,
one must submit the ‘Zulassungsbescheinigung’, the ‘Typenschein’, proof of
insurance, the number plates and proof of purchase. Central registration is
performed online and in real time, and a new ‘Zulassungsbescheinigung’ is
created on the spot. Number plates are supplied from stock (unless a
‘Wunschkennzeichen’, i.e. a personalized number plate is involved), together
with one inspection sticker. The transfer costs amount to 172 euro. There is no distinction between the changes of
the ownership and the changes of the vehicle. Both need a new registration. In the event of suspension, one must hand in
the number plates and Part 1 of the ‘Zulassungsbescheinigung’ at one of the
insurance offices. The obligation to insure and tax the vehicle is then
suspended. No fee is charged for suspension. The number plates and the
Zulassungsbescheinigung must be handed in during de-registration. Number plates
are kept, the registration certificate part 1 and part 2 are marked as invalid
and are given back to the former car holder. There is no charge for this. 8.3.20. Poland Registration system There are 400 local authorities responsible for
motor vehicle registration. The rules of registration of vehicles and issuing
of driving licenses are established in the Law on road Traffic of 20 June 1997
(Journal of 2005 No 108, item 908 with further modification). Motor vehicles, agricultural tractors, mopeds
and trailers may be allowed for traffic if they meet the technical requirements
and are registered. Procedures Following the application for the registration
of a motor vehicle with the required documents, the responsible authority
verifies the documents, checks the vehicle and holder in the central register
of motor vehicles, following which the registration authority issues the
registration plates and the temporary certificate of registration (valid for
30+14 days, if required). During that period, the registration authority
may make further investigation about the vehicle and the holder, for example
through a question to SI Schengen, a confirmation by another EU country when
Part II of the registration certificate is missing, etc. Next, the registration
authority orders the registration certificate that is issued centrally by one
unit (the producer of registration certificates). Within 7 days of
registration, the certificate is produced for transmission by the registration
authority (upon receipt from the producer) to the holder. The registration data
are then transmitted to the Central Register of Vehicles. The following documents are necessary for the
registration of motor vehicles: –
The title of ownership; –
The vehicle card, if it was issued; –
The certificate of conformity, if it is
required; –
The certificate of technical inspection, if it
is required; –
The certificate of registration, if the vehicle
was previously registered; –
In addition, the following documents must be
transmitted for the first registration of a vehicle in Poland: –
Proof of excise, if a passenger vehicle or
category L6 and L7 was exported from EU Member States and it is registered the
first time in Poland; –
Proof of tax on goods and services, if the
imported vehicle from Member States is registered the first time; –
Proof of recycling payment, if the vehicle is
registered the first time. 8.3.21. Portugal Registration system The Institute for Mobility and Land Transport
(Instituto da Mobilidade e dos Transportes Terrestres, IMTT) is responsible for
vehicle registration. It is not obligatory to register a foreign
vehicle for private use in Portugal for the first 180 days of a visit in any
one calendar year, unless the owner intends to live permanently in Portugal. However the following conditions must be met: –
The vehicle is registered in the name of a
person who is not a resident in Portugal; –
The vehicle is brought into Portugal and driven
there by its registered owner or keeper; –
The vehicle is for private use only. Procedure Before registering a vehicle in Portugal on a
permanent basis the owner must apply for a Residency Card (Cartão de
Residência) from the Portuguese immigration authorities, SEF (Serviços de
Estrangeiros e Fronteiras). An imported car or bike must conform to the
Portuguese road standards under what is termed "homologation"
(Homologacão) before it can be registered. The complexity of the process can
vary according to age, make and origin of the vehicle. The process is different for classic and
collectable vehicles. It is also different and more complicated for modified
vehicles which must be examined at an authorised inspection centre to ensure
the work was carried out correctly and adheres to EU safety standards. Registration is recorded at both the local
customs office and the IMTT. The following documents are usually needed: –
A fiscal certificate or tax clearance form
issued by customs. In some instances, there are customs and tax charges payable
(depending on the model, power, age and mileage of the vehicle); –
Original receipt of purchase showing taxes paid; –
A Certificate of Compliance (Form Model 9)
issued by the IMTT confirming that the vehicle has undergone an inspection; –
A certificate of "homologation"
(Homologacão) from the vehicle manufacturer or certified representative in
Portugal to identify that the vehicle is of a recognised type in Portugal or
the EU; –
Copy of the foreign vehicle registration
certificate; –
Certificate of conformity, COC (Certificado de
Conformidade CEE); –
A certificate of roadworthiness (IPO); –
The technical inspection (Inspecção Periódica
Obrigatória, IPO) is made at an IMTT approved garage. This checks vehicle identification,
brakes, tyres, emissions, noise levels, lights, steering, windscreen and
wipers, and chassis condition (inside and out). The following owner's documents are usually
required: –
Driver's licence (Cartão de Condução); –
Proof of identity (passport, identity card
(Bilhete de Identidade)); –
Proof of residency (Cartão de Residência),
evidence of application for residency, or proof of residence (property title
deeds, rental contract, utility bills, insurance certificate); –
Taxpayer's identification card (Cartão Fiscal de
Impostos or Cartão de Contribuinte) and number plus three year's tax returns or
a declaration from the tax office stating income earned (in Portugal or
elsewhere) over the previous three years; –
A certificate of cancellation of residence
issued by the former country of residence or their Consulate in Portugal Original documents and one copy must be
supplied. Once the application has been submitted, customs may issue a
limited-validity authorisation (Guia de Circulação) which means the vehicle may
be used while the application is in process. The details of the vehicle's registration are
recorded on the DUA (Documento Uníco Automóvel) or "All-in-One Card".
This replaces the Vehicle Ownership Registration (Titulo de Registo de
Propriedade), Licence Plate (Matrícula) and Log Book (Livrete) card. Vehicle
registration documents must be carried in the car at all times. DUAs - and the registration of new or second
hand vehicles can be done at a local civil registry office, the IRN (Instituto
dos Registos e Notariado). 8.3.22. Romania Motor vehicles are registered by the Department
for Driving Licenses and Vehicles Registration (DRPCIV). The registration is
carried out only for vehicles that are approved by the Romanian Automobile
Register (Registrul Auto Roman (RAR)) and require the following documents: –
The vehicle registration form which should
contain the necessary data and carry the stamp of the competent tax body of the
local government authority; –
The vehicle identity document, original and copy;
–
A document that proves the applicant’s ownership
of the motor vehicle or trailer, original and copy; –
The identity document of the applicant, original
and copy; –
Evidence that the technical periodical
inspection was carried out and is still valid, except for new motor vehicles
and trailers; –
A valid mandatory third party liability
insurance document; –
Proof of registration tax payment; –
Proof of special tax for cars and motor vehicles
payment; –
Proof of registration certificate issuance
payment; –
Proof of registration plates issuance payment; –
Authenticity certificate of the vehicle, except
for new vehicles, motor vehicles used at sport competitions, and historical
vehicles; –
Special power of attorney, if appropriate. Cars belonging to foreign citizens working in
Romania should be temporarily registered with the local police department. In
order to qualify for temporary registration in Romania, the car should first be
registered abroad, even if such registration is only temporary. To obtain
temporary registration plates, foreign nationals need to provide the police
department with the identity card of the car, a notarised translation of the
foreign registration certificate, the registration form from the tax
authorities, the Romanian insurance policy and copies of their passport and
residence permit/registration certificate (as applicable). The Registrul Auto Roman (Romanian Automobile
Register) issues the Vehicle Identity Card (VIC) which sets out the technical
data and the data for the identification of the vehicle which are used
afterwards by the registration authority. The Vehicle Identity Card can be
issued only for the vehicles which can be identified, respectively the ones for
which the representatives of DIA establish a valid identification number. Vehicles which have been last registered in a
Member State of the European Union and the configuration of which has not been
modified can receive the identity card without being subject to individual
approval. Nevertheless, since they are before their first registration in
Romania, these vehicles are checked, especially with respect to the
authenticity of the elements of identification and the document proving the
prior registration, as well as their technical condition. The road vehicle authenticity certification is
performed by RAR: –
For used vehicles which have not been previously
registered in Romania and which are subject to approval; –
For vehicles which were previously registered in
a Member State of the European Union and which are imported or introduced in
Romania; –
For the vehicles which are or have been
previously registered in Romania, the owner of which changes. During the authenticity certification, the RAR
checks whether: –
The main identification elements of the vehicle
are original and/or were not subject to unauthorized changes; –
The standard form of the document confirming the
previous registration of the vehicle, issued by the competent authorities in
the country of origin, is authentic. –
The vehicle does not appear on the wanted list
at national or international level, according to the databases to which RAR has
access based on the protocols concluded with the authorities managing these
databases. 8.3.23. Slovenia Registration system The Slovenian Traffic Safety Agency (Javna
agencija Republike Slovenije za varnost prometa) is managing the registration
of motor vehicles. Slovenia’s licensing system is a
vehicle-related system. Cars, buses, lorries, motorcycles, mopeds, agricultural
tractors and trailers of over 750 kg are registered and bear licence plates. Light
trailers (under 750 kg) are not registered, but should bear the “third” licence
plate from the towing vehicle. Procedures When privately importing a vehicle one must
report with the vehicle to one of the 61 private roadworthiness test
organisations (under the Slovenian Traffic Safety Agency). Based on the COC and
an identification and assessment of technical condition of the vehicle, a
national COC is drawn up. This costs about 100 €. Once in possession of a
national COC one can apply to one of the vehicle licensing organisations
(regional government offices or roadworthiness test organisations or car
sellers with authorisation of Slovenian Traffic Safety Agency) for first
registration in Slovenia. When applying for registration, one must also
produce proofs of vehicle insurance, tax payment, ownership, and identity. In
the case of used vehicles the relevant foreign documents must also be produced. Applications to register vehicle ownership must
be made to one of the vehicle licensing organisations. A condition for registering
vehicle ownership is residence in Slovenia. This must be evident from the proof
of identity. Proof of ownership, the most recent vehicle document and the
national COC must be submitted. When applying the vehicle must be taxed and
insured and have passed inspection. The deed of sale must be signed by new and
the previous owner. The signature of the previous owner must be legally
verified. The previous owner is only required to present himself in person and
must hand over the previous vehicle document. The new vehicle document and the
number plates are issued on the spot. From 1 July 2011, the vehicle ownership change
requires the presence of the previous and the new owner (in the case of natural
persons) at the vehicle licensing organisation, where the identities of both
persons are verified. Documents Slovenia has introduced a one-part vehicle
document that conforms to the harmonised European model. The document does not
constitute a historical record. If any changes are necessary, a new document is
issued. The vehicle document is produced in the Slovene
language; in certain municipalities (border zones), it is bilingual - also in
Italian or Hungarian. Drivers must have their vehicle documents with
them when driving a vehicle. 8.3.24. Slovakia In order to register a car in Slovakia,
applicants must provide the original Vehicle Title (which must contain the
technical specifications), a document showing the vehicle was de-registered in
the Member State of origin, documented proof of ownership, an ID Card or
Passport, a residence permit, a certificate of conformity proving the vehicle
complies with the specifications for the EU market and a new car insurance. The car registration form must be filed at the
Motor Vehicle Register at the Transport Inspectorate. The applicant will then
report to the district office, department of transport in the place of
residence, which shall submit an application for approval of individually
imported vehicle or the request for recognition of type approval of an
application for recognition or approval (so-called national approval) of
individually imported vehicle. The application must contain particulars of the
applicant. The application must be accompanied by proof of ownership. This
could include the purchase contract, invoice, or deed of gift. The registration
certificate (technical passport) or proof of disposal of vehicle registration
in the country of origin is needed too. The application will then receive a fiscal
stamp according to the Transport Inspectorate’s current price list. With this
administrative decision and the copy of an application form, the new owner must
bring his motor vehicle to the technical control station (TCS). After inspection, the applicant must hand over
the technical inspection report and proof of payment of the recycling fee to
the Recycling Fund to the District Office. The Traffic Office will issue a
decision on approval of individually imported vehicle and issue the vehicle
registration certificate. Subsequently, the vehicle owner chooses the insurance
company to insure the car. The insurance company will provide the owner with a
certificate of insurance. Finally, the applicant has to visit the
Transport Inspectorate (DI), where he should show the decision and submit the
registration certificate from the District Transport Office, proof of
acquisition, a certificate of insurance contract and its identification
documents. The DI will register the vehicle and will assign a registration
number (license plate number of the former). Documents in other than Slovak or Czech
language must be translated into Slovakian. Where the documents are bilingual,
it is necessary that both languages are translated to Slovakian. Translation
can be done only by a translator who is registered in the list of official interpreters.
Since 1 January 2008, applicants importing a
new or used vehicle registered have to submit the following documents: –
The proof of ownership, such as the invoice, the
purchase agreement or the donation agreement; –
The certificate of registration; –
A document to remove the vehicle from the
vehicle registration in a Member State; submitted only if the record of the
disposal is not listed on the certificate of registration under the second
point; –
The expertise to check the originality of the
vehicle; –
The valid protocol on technical vehicle
inspection or a valid implementation of roadworthiness issued in a Member
State, such as a certificate of roadworthiness, referred to the documents shall
be submitted only if a vehicle is subject to inspection; –
The valid protocol on emission control of motor
vehicle pursuant to § 67 paragraph 2 point a) the results of the fit to road
traffic or a valid execution of emission on vehicle issued in a Member State,
for example, issue a certificate of inspection you need only if the record of
emission control is not part of the document for technical inspections by the
fifth point specifying the documents to be submitted only in case of a used
vehicle when the vehicle is subject to a control; –
The proof of payment of contribution to the
Recycling Fund for imported vehicles. 8.3.25. Finland Registration system The Liikenteen turvallisuusvirasto Trafi (i.e.
the ‘Transport Safety Agency Trafi’) is in charge of all the tasks formerly
handled by the Finnish Vehicle Administration (AKE). Trafi is a central
government office working under the Ministry of Transport and Communication. Trafi is in charge of vehicle registration and
maintains the Vehicular and Driver Data Register. Trafi arranges vehicle
registration by obtaining the services necessary from service providers, i.e.,
contractual registration authorities. Registrations are done by inspection
companies, insurance companies, car dealerships and financing companies.
Private customers can also perform some registration-related tasks in the
online registration service provided by Trafi. Apart from registering
diplomatic vehicles, Trafi does not perform registrations. The licensing system in Finland is vehicle
based and licensing is integrated to the registration system and the prior
notification system. A vehicle can receive a license plate number and actual
plates in the prior notification process or in the first registration process. Passenger vehicles, commercial vehicles and
lorries, motorcycles, mopeds, agricultural tractors, motor-driven working
machines, snow mobiles and trailers are all registered. Some road maintenance
and harvesting motor-driven working machines and trailers do not have to be
registered. Documents The registration document is the pivot in the
system and includes all relevant details about the vehicle and the
owner/holder. The registration document is issued at the time of the first
registration, and continues to be used for all subsequent administrative
changes. Every time there is a change of information, a new document is
produced. Trafi introduced a new Vehicle Traffic Data
System (ATJ) on 12 November 2007. At the same time, the look and part of the
content of the previous registration certificate was also renewed. The current
certificate is in two parts (as was the former one). The technical part (part
I) contains the vehicle’s technical information and name and address
information of the owner(s) and holder(s). The driver must always carry with him/her the
technical part when operating the vehicle. The notification part (part II) of
the certificate contains related sections for making notifications of changes.
Both parts are printed on A4-size security paper. The security paper used is
the same for both part of the document. The certificate’s parts can be
identified by the name and number of the part, which are printed on the upper
right hand corner of each part. The new certificate contains information on the
intervals between scheduled inspections and suggestions for repair issued at
the annual inspection. Customers are given a new technical part (part I) at
each inspection. On all registrations, both parts of the certificate are
printed for the customer. The old registration certificate is valid until the
customer receives a new certificate from the registration partner or by mail,
but no more than 30 days from the time a registration notification was made. If
a new certificate has not been received within 30 days, the customer must
request a new one from the nearest inspection station. The registration for new vehicles is organised
via vehicle importers and car dealers in a way that is very similar to the
accelerated procedure in the Netherlands. In case of individual imports the
registration document and the licence plates are issued on the spot at
registration time at the inspection station. The following requirements apply to the first
registration of a vehicle: –
The vehicle must pass a registration inspection,
or a pre-registration certificate or single approval certificate valid for
registration must have been granted for the vehicle; –
The vehicle must comply with all valid Finnish
requirements; –
A certificate of destruction as specified in
Section 18 I of the Waste Act may not be issued for the vehicle; –
Documentation for payment of all taxes and other
fees regarding the vehicle must be submitted; –
A report on the vehicle’s proprietary rights and
holder must be submitted; –
The vehicle must be covered by a motor liability
insurance policy. If a private person imports a vehicle from
abroad to be used in traffic in Finland, the following documents are required
for the first registration: –
A valid registration inspection certificate; –
Customs registration permit (submitted
electronically by the Vehicular and Driver Data Register); –
Customs certificate, if a tax-free vehicle is
imported from a non-EU country; –
An ownership report starting from the last owner
outside of Finland (if the customer submits a vehicle taxation decision, an
ownership report beginning with the first person liable to pay taxes in Finland
is required); –
Motor liability insurance policy. 8.3.26. Sweden Registration system The Traffic Registry (Trafikregistret or TR), a
department of the Swedish Transport Agency, STA (Transportstyrelsen) is
responsible for the registration of motor vehicles. The licensing system in Sweden is
vehicle-based. Passenger vehicles, commercial vehicles and lorries,
motorcycles, mopeds, agricultural tractors, trailers and scooters are all
registered and numbered. Procedures The initial registration of a vehicle requires: –
Documents related to a vehicle’s origin; –
Normally a certificate of conformity, but for
privately imported vehicles a general certification (by a Vehicle Inspection
Company) –
Proof of insurance; –
Proof of tax payment, when put in traffic; –
Declaration of a number of technical details. The registration documents and the number
plates are issued by the Traffic Registry. The plates are produced by a private
company. The registration of most new vehicles is organized via accredited
importers and manufacturers by means of file transfers. In case of changes of ownership, both the buyer
and the seller must sign the vehicle registration document. After registration
the buyer will receive a new registration document. The seller receives a
certificate stating that he or she is no longer the owner or holder the
vehicle. Transfer of ownership can also be completed at 3,000 accredited car
dealers and garages. When the verification of origin has been
approved the vehicle needs to undertake a registration inspection and technical
identity verification by a Vehicle Inspection Company. They report the changed
data to TR who then issues a new vehicle registration document to the owner. If a vehicle has been re-built or changed in
other ways the vehicle might need to undertake an inspection by a Vehicle
Inspection Company. They report the changed data to TR who then issues a new
vehicle registration document to the owner. Documents The pivot in the system is the vehicle
registration document, which includes all relevant details about the vehicle
and the owner/holder. This EU-harmonised document in two parts is issued at the
time of the first registration, and continues to be used for all subsequent
administrative changes. It is not a historical document, but is issued every time
some facts are changed, except for changes of address of the owner. Drivers and
riders do not need to bring the registration document when driving or riding
their vehicle. The owner can, beside the vehicle registration
document, use the Internet – or telephone-based services for reporting certain
administrative changes of the vehicle using a smartcard. 8.3.27. United
Kingdom Registration system The motor vehicle registration system is
managed by the Driver and Vehicle Licensing Agency (DVLA) which is the largest
of the four Agencies of the Safety, Service Delivery and Logistics Group (SSDL)
within the Department for Transport (DfT). Each agency works under the
authority of the Secretary of State for Transport who is assisted by three
Ministers. DVLA is an Executive Agency of DfT. It undertakes registration
services for Drivers in Great Britain and Vehicles in the UK (Great Britain and
Northern Ireland) and the necessary operational and development costs are
funded through fees charged to the motoring public. The licensing system in the United Kingdom is
vehicle-oriented. DVLA register vehicles such as cars, buses,
commercial vehicles, lorries, motorcycles, mopeds, agricultural tractors and
all other mechanically propelled vehicles for use on the public road. Procedures At first registration an authorized dealer or
DVLA local office requires presentation of a registration application form (V
55), the Certificate of Conformity (or alternative documentation) and proof of
insurance. Vehicles not covered by a type approval must undergo an inspection
before being admitted on the public highway. Any changes and amendments to both the
vehicle’s and the keeper’s details must be indicated on the registration
certificate and sent to DVLA. The Agency then records the information, prepares
a new certificate and sends this to the keeper. When a vehicle is imported for use in Great
Britain (GB), it must be registered with the Driver and Vehicle Licensing
Agency (DVLA). This must be done as soon as possible as the vehicle cannot be
used or kept on public roads. A 'brand new' vehicle can be driven to GB and
registered as 'new' provided the vehicle: –
Is registered within two weeks of collection -
this may be extended to one calendar month at peak periods, e.g. before 1 March
and 1 September; –
Only has reasonable delivery mileage - DVLA
considers reasonable delivery mileage to mean the vehicle being driven from the
pick up point to home using a direct route; –
Has not been previously permanently registered; –
Has been stored before registration and is a
current model or is a model that has ceased production within the last two
years. The DVLA recommends importers to transport
rather than drive vehicles from the port to the first destination. New vehicles must have a certificate of conformity
as proof of type approval from the supplier or vehicle manufacturer. Left-hand-drive vehicles from within the EU
will need a certificate, issued by the Vehicle Certification Agency (VCA),
under the Mutual Recognition scheme. This shows that changes have been made to
the vehicle, making it suitable for use on British roads. Vehicles that have not been subject to European
type approval will be subject to one of the following tests, they are: –
The Individual Vehicle Approval (IVA): The IVA
inspection checks that the vehicle is designed and constructed to meet safety
and environmental standards for use on UK roads. Examiners from the Vehicle and
Operator Services Agency do inspections at approved sites in Great Britain. The
Driver Vehicle Agency does inspections in Northern Ireland. If the vehicle
passes an IVA inspection, the examiner issues an Individual Approval
Certificate. Applicants can then register your vehicle with the Driver and
Vehicle Licensing Agency using the certificate. For passenger cars and light
goods vehicles there are two levels of IVA inspection, basic and normal.
Vehicles subject to the basic requirements are left-hand drive vehicles,
personally imported vehicles, amateur built vehicles, vehicles manufactured in
very low volume, etc. The basic IVA requirements can be assessed by a visual
inspection of the vehicle to assess its design and construction against the
technical standards. Vehicles that do not fall into any of the above classes,
including heavy vehicles, larger passenger vehicles and trailers will require a
normal IVA inspection. Passenger cars and light goods vehicles having a normal
IVA inspection have to meet the basic IVA, as well as meeting additional EC
Directive standards for up to 12 safety, environmental and security features.
In some cases, evidence of compliance to standards from another country
considered comparable to the EC standards - e.g. Japan - will be acceptable. –
Light goods vehicle - Single Vehicle Approval
(SVA) test if it is a (up to 3,000kg); –
Motorcycle or quadricycle - motorcycle SVA. Documents The pivot in the vehicle registration system is
the registration certificate (V5C) which belongs with each vehicle and contains
all the relevant details of the vehicle and its keeper. This is not an historic
document, because a new V5C is prepared by DVLA each time the relevant details
change. Drivers do not need to have this certificate on them when driving the
vehicle. From 15 August 2010, DVLA introduced a new
style V5C. The re-designed V5C makes it clear that this certificate is not
proof of ownership and also provides details of where keepers can obtain advice
on how to avoid becoming the victim of vehicle crime. The front of the certificate is red instead of
blue and the customer information sections on the back have been made simpler.
A new style certificate will be sent to keepers when they purchase a new
vehicle and DVLA is notified; when a keeper applies to change any vehicle or
personal details or when the original V5C has been lost, stolen or destroyed
and replacement application is made. The blue version of the certificate, however,
is still valid. 8.3.28. Transferring
motor vehicles to another Member States - Temporary and professional (or
‘commercial’) registration schemes in the EU When a second-hand motor vehicle is sold, it can
obviously be put on a trailer or on a truck and brought to the other Member
State. Yet many motor vehicles will be driven to the Member State of
destination. A motor vehicle cannot be driven on public roads without
displaying a registration number. There are, in a nutshell, four main ways to
drive a motor vehicle lawfully to the Member State of destination: 8.3.28.1. The
seller drives the motor vehicle with his own registration plates Both parties can agree that the seller drive the
motor vehicle displaying its original registration to the Member State of the
buyer. The vehicle should also carry the registration certificate. 8.3.28.2. The
buyer seeks registration of the motor vehicle in his own Member State: When the buyer has fulfilled the registration
formalities in his home Member State and obtained the registration certificate
while the vehicle is still in the Member State of origin, he is entitled to use
that registration certificate and the corresponding number plate to drive the
motor vehicle home, pursuant to Article 4 of Directive 1999/37/EC. 8.3.28.3. The
buyer seeks temporary registration of the motor vehicle: Many Member States apply the principle that the motor
vehicle should not be used or kept on their public roads until the registration
and vehicle tax formalities have been completed. Nevertheless, many Member
States have put in place a system of temporary registration so that the vehicle
can be driven for a short period before it obtains final registration. If the vehicle is temporarily registered in the Member State of the
buyer or the seller, it is lawfully admitted to international traffic: –
The Member State may issue a temporary
registration certificate that does not differ, or only slightly differs, from
the model set out in Directive 1999/37/EC. In that case, other Member States
are obliged to recognize the temporary registration certificate issued by a
Member State for the identification of the vehicle in international traffic,
provided that the driver carries Part I of the registration certificate
pursuant to Article 5(1) of the Directive. –
Alternatively, the temporary registration
certificate may substantially differ from the model set out in Directive
1999/37/EC. The Member States of transit and the Member State of destination
must, in principle, recognise the certificate and admit the motor vehicle to
their territory, in accordance with Articles 34 and 36 TFEU. The free movement
of the motor vehicle may only be impeded for reasons relating to road safety
(such as the driving capacities of the driver, his compliance with the local
rules of the road or the roadworthiness of the motor vehicle), in case of
reasonable suspicion of vehicle theft or when the controlling authorities have
reasonable doubts about the validity of the certificate. Temporary registrations are an important
instrument for the second-hand market, especially for the physical transfer of
the motor vehicle to another Member State. Impediments to the intra-EU movement
of motor vehicles displaying a temporary registration number issued in another
Member State have to be primarily examined in the light of Articles 34 to 36 TFEU.
According to settled case-law of the Court of Justice, the free movement of
goods between Member States “could not itself be complete if it were
possible for Member States to impede or interfere in any way with the movement
of goods in transit. It is therefore necessary, as a consequence of the Customs
Union and in the mutual interest of the Member States, to acknowledge the existence
of a general principle of freedom of transit of goods within the [EU][70]”. If a Member State impedes the transit of a
motor vehicle carrying temporary registration plates lawfully issued in another
Member State, it will infringe Article 34 TFEU, unless the impediment is
justified on the basis of Article 36 TFEU or one of the mandatory requirements
accepted by the Court of Justice[71]. For example, a Member
State would be entitled on the basis of Article 36 TFEU or pursuant to one of
the mandatory requirements accepted by the Court of Justice, to impede the
transit of a vehicle carrying temporary registration plates legally issued in
another Member State for reasons related to road traffic safety, if the vehicle
or its driver constituted a risk to the health of other road users, or if the
driver could not demonstrate that he was entitled to drive the motor vehicle. The following table established by EReg[72]
gives an overview of the temporary registration systems in some Member States: TEMPORARY REGISTRATION SYSTEMS (Table 1) Country || How many systems of temporary registrations? || Availability only under certain conditions? || Maximum duration of registration? || Documents compliant with Directive 199/37/EC Belgium || 2 systems: transit plates; international plates || Transit: limited to non residents international: to members of international organisations. || Transit 6 months; International 1 year(renewable) || Yes but only limited validity Cyprus || One system only || Only for non residents || Maximum 1 year || Similar documents as normal registrations Denmark || 2 systems: border number plates and temporary stickers || border plates: non residents; temporary stickers: same as commercial plates for private || border plates: two years; temporary stickers:7days || border plates compliant no official document issued for stickers Estonia || Transit plates system only || No restrictions || Maximum 30 days || No formal registration document issued Finland || One system only || No restrictions || Varies between 1 day to several months || Different from "normal" registration document Germany || Two systems || Only for legally defined purposes but available for residents and non residents || Varies between 5 days to one year || Similar documents as normal registrations, but not compliant with Directive 1999/37 Hungary || One system only || National restrictions (No detail) || 6 Months for "E"plates;12months for "P" plates || Not compliant Iceland || One system only || Only available for persons with Iceland Id. Number || No time limit || No specific document Ireland || One system only || Only available to non residents || Maximum 30 days || No Latvia || One system only || Available for all persons || Maximum 6 months || Same registration document as normal registration document Lithuania || One system only || Available for all persons || Maximum 90 days || Same registration document as normal document; special option for resale Luxem-bourg || One system only || Available only for non residents and for export of vehicles only || Maximum 90days || Same registration document as normal registration document Nether-lands || Two different systems depending on either former Dutch registration or not || Only for transit and export for all persons residents or not || Maximum 14 days || Different layout to normal registration documents Poland || Two systems: temporary registration system+ system for multiple use || Temporary systems for all residents; multiple use for companies || Temporary systems maximum 44days;multiple use maximum 6 months || Different documents but all compliant with Directive 1999/37 Romania || One system only || Only for import and export: export only for non residents || Export maximum 30days;import depending on customs clearance || Similar documents as normal registrations Slovakia || One system only || Only for non residents || Maximum 30days || Identical documents Sweden || Different systems for holder with residence permanent, temporary or no residence || Available for all persons see before || Maximum 12 months, but different schemes with different durations || Identical documents then normal registration, but with expiry date UK || No temporary registration system || Not applicable || Not applicable || Not applicable TEMPORARY REGISTRATION SYSTEMS (Table 2) Country || Conditions for obtaining temporary Registration? || Formal agreement for recognition? || Description of number plates used Belgium || holder id.; insurance cover; valid roadworthiness test; possible tax exemption || conformity with Vienna convention and Dir1999/37 || Three different models in use: white with green; red with white; blue with yellow; sticker with date of expiry Cyprus || holder id.; insurance cover; valid roadworthiness test; possible tax exemption, payment || Yes || Professional plates: White background red digits; Temporary registrations identified by V for visitor on plate Denmark || border plates: holder id; insurance Temp. Stickers: holder id. and insurance cover || Recognition with Germany in preparation || border number plates: white with red and black numbers stickers no plate date of expiry indicated Estonia || holder id.; insurance cover; valid roadworthiness test || No || Professional: Letters PROOV followed by 4 No; Transit: white with red digits and frame Finland || holder id.; insurance cover; tax paid || Nordic countries agreement:: Sweden; Norway; Denmark || Professional: yellow reflective black digits; temporary: sticker white reflective red digits Germany || holder id.; proof of insurance cover; credibility; vehicle Id inserted by holder || Agreement between Netherlands and Germany || Red Plates: white background with red numbers; Temporary white background black numbers +expiry date Hungary || holder id. and check of activity; insurance cover || No || White background with black digits only numbers Iceland || holder id.; insurance cover; valid roadworthiness test; tax payment || No || Pre registration: red bas black frame and characters Ireland || Not specified || No || Identified by ZZ and unique number Latvia || holder id.; vehicle id.; vehicle technical data ; insurance cover; tax payment || No || Professional plates: reflective white with red numbers; Temporary plates identical to normal plates Lithuania || holder id.; insurance cover; proof of holdership || No || Professional plates :reflective white with red numbers year of validity indicated; Temporary plates waterproof cardboard colours as above Luxem-bourg || holder id.; ownership document; technical data; valid technical inspection; insurance cover || Not necessary as documents compliant || Professional: red with white numbers only expiry on plate; Temporary normal plate with "EX" four numbers and expiry date Nether-lands || holder id.; insurance cover; valid roadworthiness test; possible tax exemption || No || Only available trough RDW authorised companies; light green with black numbers; temporary plate can also be homemade Poland || holder id.; ownership document; available technical data; valid technical inspection || Not necessary as documents compliant || Different colour and structure than normal plates; sticker with date of expiry Romania || holder id.; insurance cover; valid vehicle id.+ roadworthiness test; possible tax exemption, payment || Not necessary as documents compliant || For Probe "PROBE" on the plate; provisional: white with red letters one or two letters followed by four or five numbers Slovakia || holder id.; insurance cover; available technical data || Not necessary as documents compliant || Yellow background with black digits identified by character V Sweden || holder id.; insurance cover; available technical data; valid vehicle inspection || Nordic countries agreement: Norway; Finland; Denmark || Green with black digits expiry date shown on plate; letter B indicate limitations of use UK || Not applicable || Not applicable || Professional plates: White acrylic with red digits 3 letters 2 numbers displayed in triangular holder 8.3.28.4. The
professional seller drives the motor vehicle with his professional number
plates: Professional registration schemes exist in most
Member States in order to allow retailers to drive motor vehicles on public
roads for a very short period without being obliged to formally register them.
Professional registration schemes are reserved
for manufacturers, assemblers, distributors and dealers, with respect to motor
vehicles which they possess. Most Member States do not issue professional registration
certificates as such, involving identification of the motor vehicle. They
usually provide another type of document, establishing the link between the
registration plates and their holder, and/or require the holder to keep a
logbook in which trips made with the registration plate are recorded. Article 35(1)(a) of the Vienna Convention on
Road Traffic[73] specifies that the
Contracting Parties may not prohibit the movement of motor vehicles that are registered
by another Contracting Party, provided the driver carries a registration
certificate. The Contracting Parties must also recognise registration certificates
issued by other Contracting Parties in accordance with the Convention. However,
there is no provision of the Convention which requires or permits the
Contracting Parties to prohibit the free movement of vehicles not complying
with the Convention. The intra-EU movement of motor vehicles
displaying a professional registration number issued in another Member State is
also governed by Articles 34 to 36 TFEU. The jurisprudence of the Court of
Justice that applies to temporary registration also applies here. Therefore, if
a Member State would impede the transit of a motor vehicle carrying professional
registration plates lawfully issued in another Member State, it will infringe
Article 34 TFEU, unless the impediment is justified on the basis of Article 36
TFEU or one of the mandatory requirements accepted by the Court of Justice[74].
The following table established by EReg[75]
gives an overview of the professional registration systems in some Member
States: PROFESSIONAL (OR ‘COMMERCIAL’) REGISTRATION SYSTEMS (Table 1) Country || Which group of persons can receive these plates? || How many systems of commercial/ professional plates? || Restrictions for the use of these plates? || Different registration certificates? Belgium || Professionals only for different purposes || 2 types :trade and test systems || Restrictions concerning authorized drivers and utilisation || Same document as used for all registrations Cyprus || Professionals only for different purposes || 1 Type only || Maximum duration of 15days || Different documents Denmark || Professionals only for different purposes || 1 Type only || Restrictions concerning authorized drivers and utilisation No transports allowed || Same document as used for all registrations Estonia || Professionals only for different purposes || 1 Type only || Restrictions concerning authorized utilisation limited to national territory || Same document as used for all registrations additional logbook required Finland || Professionals only for different purposes || 1 Type only || Restrictions concerning authorized utilisation || Same format of document as used for all registrations Germany || Professionals || 1 Type only || Restrictions concerning authorized utilisation || Different format of document additional ‘Fahrzeugscheinheft’ sort of log book Hungary || Professionals only for different purposes || 1 Type only || Restrictions concerning authorized utilisation No transports allowed || Different document; additional logbook required Ireland || Professionals only for different purposes || 1 Type only || Restrictions of the times during which these plates can be used || No documents emitted only registration plates issued Latvia || Professionals only for different purposes || 1 Type only || Restrictions concerning authorized utilisation || Different document than normal registration Certificate Lithuania || Professionals only for different purposes || 1 Type only || Restrictions concerning authorized utilisation || Different document than normal registration Certificate emitted by retailers personnel Luxem-bourg || Professionals only for different purposes || 1 Type only || Restrictions concerning authorized utilisation and user; maximum validity two years || Same document as used for all registrations, not compliant no vehicle id. Nether-lands || Professionals only for different purposes || 1 Type only || Restrictions concerning authorized utilisation additional administration || Same size document but not fully harmonised Poland || No system of professional plates available || Not applicable || Not applicable || Not applicable Romania || Professionals only for different purposes || 2 systems: Probe for constructors and big dealer; provisional for smaller dealers || Restrictions concerning authorized utilisation and territorial limitation || Different documents, document for Probe similar but without vehicle details Slovakia || Professionals only for different purposes || 1 Type only || Restrictions concerning authorized utilisation additional administration || Different document than normal registration Certificate Sweden || Professionals only for different purposes || 1 Type only || Restrictions concerning authorized utilisation || No special registration documents issued UK || Professionals only for different purposes || 1 Type only || Restrictions concerning authorized utilisation || No documents emitted only registration plates with licence issued PROFESSIONAL (OR ‘COMMERCIAL’) REGISTRATION SYSTEMS (Table 2) Country || Identification of the vehicle? || Bilateral agreements with other Member States? || General insurance cover required? || Valid technical Certificate required? Belgium || No identification of the vehicle; engine size and maximum mass limited || Benelux agreement for the trade plates || Yes || Trade plates yes ;test plates no Cyprus || No identification of the vehicle on registration document but mandatory via logbook || No || Yes || Yes Denmark || No identification of the vehicle; different plates for different types of vehicle || Agreement Norway Sweden Finland || Yes || No, but plates can only be used on vehicles that are no hazard for road safety Estonia || No identification of the vehicle on reg.document but mandatory via logbook || No || Yes || No, but plates can only be used on vehicles that are no hazard for road safety Finland || No identification of the vehicle || Agreement with Nordic countries: Sweden; Norway; Denmark || Yes || No, but plates can only be used on vehicles that are no hazard for road safety Germany || Not on document but via log book || Agreement between Netherlands and Germany || Yes || No Hungary || No identification of the vehicle || No || Yes || No, but plates can only be used on vehicles that are no hazard for road safety (responsibility of the holder) Ireland || No identification of the vehicle || No use outside Ireland allowed || Yes || No Latvia || No identification of the vehicle || No || Yes || No Lithuania || No identification on the document but identification of vehicle and driver via a separate logbook || No || Yes || No Luxem-bourg || No identification of the vehicle || Benelux agreement for the trade plates || Yes || No but vehicle must be in roadworthy condition as specified in "Code de la route" Nether-lands || No identification of the vehicle || Benelux agreement for the trade plates plus agreement with Germany for lorries || Yes || Yes must comply with so called permanent requirements, while on Dutch roads Poland || Not applicable || Not applicable || Not applicable || Not applicable Romania || For Probe no identification of vehicle provisional vehicle details on document || No || Yes || No Slovakia || No identification of the vehicle || No || Yes || No Sweden || No identification of the vehicle; Different plates required for different types of vehicles || Nordic agreement with Finland, Denmark and Norway || Yes || Not always required UK || No identification of the vehicle || No, only destined for UK use || Yes || Yes 8.4. Annex
4: figures and statistics 8.4.1. Affected
groups ·
Citizens are in
the first to be affected by re-registration problems. As EU integration
proceeds, more people may wish to move from one country to another; or to have
holiday homes in other Member States, leaving their cars there. More than 3 million people arrived for a permanent stay in Member
States in 2007, with more than 2 million arriving in Spain, Germany and the
United Kingdom combined. Among the 22 Member States for which data are
available, some 40% were citizens of another EU Member State, and 12% were
nationals returning to their Member State of citizenship. Returning nationals
accounted for the highest proportion of immigrants in Bulgaria, Denmark,
Estonia, Lithuania and Poland (permanent stays only) in 2007. In Belgium,
Germany, Ireland, Latvia, Luxembourg, Malta, the Netherlands, Austria and
Slovakia, the highest proportion of immigrants were citizens from other EU
Member States[76]. ·
Cross-border workers - and in particular the persons using an employer's company car in
another Member State - and employers are also affected by the problem. In
total, about 780,000 people in the EU (including EEA/EFTA) were cross-border
commuters in the year 2006/2007 (including commuters using other means of
transport). Commuting streams are clearly condensed in the area of
Central-Western Europe. For EU-15/EEA/EFTA the total number of commuters has
increased by 26% from about 490,000 in 1999/2000 to about 660,000 in 2006/2007.
The main countries of destination are Switzerland (206,000), Luxembourg
(127,000), Germany (86,000), the Netherlands (58,000), Austria (48,000) and
Belgium (39,000), together receiving about ¾ of all EU-commuters. The main
countries of origin are France (284,000), Germany (117.000) and Belgium
(78,000), providing about 60% of all out-commuters in the EU[77].
For passengers car (M1 motor vehicles), company registrations accounted for
about 50.5% of the 11.6 million new passenger cars registered across the 18 EU
Member States in 2008[78]. Employers are usually able to purchase a
company car at lower costs than the employee. The employer’s advantage comes
from the firms greater bargaining power vis-à-vis car dealers which results in
lower costs for purchasing new cars. Firms which operate fleets of passenger
cars (for example distribution firms) are often granted significant discounts
by car dealers. Next, corporate fleet clients are likely to obtain discounts
off list prices for insurance and maintenance. Firms will also be able to
finance purchases of company cars at a lower cost. Due to their scale, firms
are more likely to have access to better terms of financing of capital
purchases with cash than individual employees. Furthermore due to larger scale,
firms are also likely to obtain better terms for alternative financing options,
such as operating or financial lease arrangements. In this context the leasing
market is growing. ·
Although there are no precise statistics on the intra-EU
trade of second-hand motor vehicles, the intra-EU flows of second-hand
vehicles can be subdivided in six groups[79]: –
Group 1: With high relevance of imports (≥
60% compared with the annual registration of new cars) and low relevance (<
15%) of exports are BG, CY, CZ, GR, LV, MT, PL, RO and SK. –
Group 2: Imports are of medium relevance
(≥ 16%, ≤ 33%) and exports of small relevance (≤ 2%) for FI,
HU, IE. –
Group 3: DK has both medium imports and medium
exports. It is not a typical importer or exporter but apparently is simply well
integrated. –
Group 4: In the case of BE, NL and SI, imports
are of medium relevance (≥ 15%, < 30) and exports of high relevance
(≥ 60%; ≥ 52% in the case of LU). –
Group 5: Imports are of low relevance (< 15%)
in the case of AT, DE, ES, FR, IT, PT, SE and UK. Germany, with its high share
of exports (55%), is somewhat an exception in this group. –
Group 6: LT is seemingly an exception as it
appears to be a shipment centre with high imports from EU 27 and high exports
to extra-EU countries; in terms of net imports (around 155%) it is in the range
of LV and GR. A study made by Car-Pass[80]
provides the following elements regarding the second-hand car market,
principally in Belgium, Luxemburg, Germany, France and the Netherlands: –
The European used car market might look like a
market without trade barriers and therefore seem potentially perfect. In
reality, the market is very untransparent and in fact still relatively small.
It is very difficult to trace the history of a car imported from another member
state and therefore evaluate precisely the real value of that car. The high
cost of searching for information, hinders the development of a truly pan-European
used car market. Not only do consumers face this lack of information, but
automotive professionals do as well. The European used car market is
characterized by a high level of information asymmetry. –
The used car market is increasingly European, but
used car flows do not automatically go from low value countries to high value
countries; there are also flows of cars in the opposite direction. There is no
single European used car buyer profile, and market needs are different in every
country. –
Another used car market dynamic is the
difference in car density within the different EU countries. This market
saturation is a key driver for cross border used car transactions. If one takes
a closer look at the market figures, one can consider the newer Member States
as being “low density” and non-saturated markets. Car density is an important
factor that explains the way consumers purchase a (used) car. In countries with
a low density, many consumers need to fulfil their basic need for
transportation. Due to improving economic conditions and a growing need for
more mobility, these customers are also increasing their needs for comfortable,
luxurious transportation. In the automotive industry, the newer Member States
are considered growing markets for both the new and used cars. Since the
average citizen in these countries has a lower available income than those in
western countries, used car demand is considerably higher than the demand for a
new car. However, these countries lack a natural supply of used cars. Their
economic development started much later than in other EU countries.
Consequently, the current car pool is smaller and the possibility to source used
cars from the national supply is low. The import of used cars is a logical step
to balance supply and demand. Many people want to experience the western
lifestyle, which includes owning a relatively new car. The ideal used car in
upcoming markets has the same characteristics as those that consumers desire in
Western European countries (low mileage, high specification). –
The second-hand market is sourced by private
consumers, business users, leasing companies and rental companies. Private
consumers normally drive lower mileage. Small business users may buy the more
luxurious cars, whereas leasing companies supply the more “bread and butter
cars” to the used car market. Rental companies supply a separate segment of
used cars, the nearly new ones. In many cases, rental cars are returned to the
manufacturer or dealer after only a short period of use (average 9 months), on
so-called buy-back agreements. When looking closer at the rental companies, the
cars they put into operation and return to manufacturers are frequently seen as
an oversupply of relatively new used cars, putting used car prices under
pressure. Their numbers are relatively high and they warrant the manufacturers
a high(er) production capacity utilisation. In the used car markets, these
ex-rental cars directly compete with younger used cars of consumers or even new
cars. Their volumes are able to put used car prices under more pressure in
already saturated used car markets. ·
Leasing companies
were founded by car manufacturers and retailers to stimulate the sales of new
cars and after sales. The leasing sector is divided by the so-called “captive”
lease company, a subsidiary from and owned by the car manufacturer, and the
“non-captive” leasing company, which is in the hands of banks and private
ownership. The capital intensity has led to a high involvement of financial
institutions in this segment. Leasing companies optimize the costs of
depreciation, insurance, maintenance and repairs based on a given mileage per
year; in most cases, they are also the riskbearer of these costs. Leasing
companies have become big suppliers of the used car markets, both on a national
and international level. In theory, leasing companies could face similar
problems as cross-border workers, at least if they are the holder of the
registration certificate and when the vehicle is used by a person established
in another Member State. Leasing firms retain the ownership of the leased motor
vehicles throughout the life of the contract whereby they convey to the lessee,
in return for a payment or series of payments, the right to use the motor
vehicle for an agreed period of time[81]. Leasing firms usually
also offer long term automotive rental contracts. This is a specific kind of
leasing, whereby businesses outsource their vehicle fleet needs to a leasing
company which provides the necessary passenger cars, vans or trucks to the
client, along with any required related services, including maintenance,
insurance, fuel management and/or tyre replacements. Automotive assets, i.e.
passenger cars and commercial vehicles, accounted for about 55% (€124.1
billion) of total new leasing contracts agreed in 2010, remaining the largest
individual asset segment of the European leasing market. It is estimated that
European leasing companies financed some 5.8 million passenger cars in 2010.
New leasing volumes for commercial vehicles also increased, albeit at a
somewhat slower rate than for passenger cars, gaining 2.8% in 2010 to reach new
leasing volumes of €34.9 billion[82]. There are indications that employers
increasingly rely on leasing arrangements rather than ownership when providing
cars to their employees. Essentially, it changes nothing vis-à-vis the
employee. In a leasing arrangement, the firm deducts the annual fee from its
gross income while with a company owned car it directly deducts costs of
financing, depreciation, insurance, motoring taxes, maintenance and period
repairs. Provided that the company and the leasing company face the same costs,
then it changes nothing vis-à-vis the employee. Obviously, the firms use
leasing contracts rather than ownership because it is more efficient: a leasing
company can exploit market power and knowledge better than particularly smaller
firms thus reducing costs of purchase and maintenance. ·
Car-rental companies are equally affected by the
problem but in a very different manner. These companies rent out motor vehicles
to private or professional clients for a relatively short period of time in
order to meet their respective transport needs. Besides the traditional
car-rental services (as a means of transport to complete a train or plane
journey or as a replacement vehicle), truck rental is a growing sector. The EU
fleet for short-term rental is estimated at 1.4 million vehicles, split into
about 1 million cars and 400,000 light commercial vehicles. Car-rental fleets
are usually very new, in particular for large cross-border companies, as
vehicles remain in the fleet for about 6-9 months, and are subsequently bought
back by manufacturers. The total number of car leasing firms and
car rental companies acting in the segment of passenger cars (M1) and light
duty motor vehicles (N1) is estimated at around 23,000. Almost the totality of
the sector is composed by SMEs (99.8%). Only 75 are large enterprises (250 or
more employees)[83]. Total employment in
this sector is around 160,000 workers. The biggest percentage of companies is
located in France, United Kingdom, Germany, Spain, Italy and Czech Republic
(66% of the total). The car-leasing fleet in 2010 was around 14 million
vehicles, representing about 5% of the total number of vehicles registered in
the EU. The leasing market is a highly concentrated market. The 10 largest
enterprises across Europe have a market share of more than 70%. The short
term rental fleet is estimated at around 1.5 million in 2010 (0.5% of the
total EU vehicle fleet). 75% correspond to passenger vehicles and the rest to
commercial vehicles. Only 3 to 4 car-rental enterprises have a fleet of more
than 100,000 vehicles, whilst 95% of enterprises manage a fleet of less than
1,000 vehicles. The car-rental sector is estimated to carry out around 90
million transactions per year[84]. 8.4.2. Background
statistics 8.4.2.1. Methodological
remarks Statistics on intra-EU trade of car are used as
a proxy for figures of de-registration and re-registration of vehicles
transferred between EU Member States. They represent the most accurate source
on this issue. These figures are based in the Comext database from EUROSTAT.
This could lead to underestimations because there are reporting thresholds
under which, the economic operators don’t have to report. Additionally, there
are cars that cross-EU borders without complying with the registration
formalities. Therefore, figures about numbers of vehicles used in this report
should be considered as a conservative estimate, as more transfers and
therefore de-registration and re-registrations may be occurring every year. Some figures in this annex are based on the
answers to the questionnaire submitted by the National Registration
Authorities, and a study of the 2nd-hand car market carried out at
the request of the Commission[85]. Total number of de- and re-registration is not
the same for businesses and citizens. This can happen when a motor vehicle is
de-registered by a company and re-registered by (or on behalf of) a citizen.
This is quite a common phenomenon, e.g. when leasing companies sell their fleet
on the 2nd hand market after the leasing period has expired. The split
among de- and re-registrations by citizens or businesses is based on an
extrapolation of detailed information provided by 7 national registration
authorities. M1 refers to passenger cars and N1 to light
motor vehicles. The baseline scenario reflects the current
situation. It is based on the most recently available data (although it was not
possible to have a single data-year) and combining both hard and soft data, i.e.
statistical databases, direct enquiries with the stakeholders, the public
consultation, and a survey of several Member States. 8.4.2.2. Car
registrations in the EU Table 1 - Passenger cars (thousand) || 2005 || 2006 || 2007 || 2008 || 2009 EU27 || 220.223 || 224.455 || 229.536 || 233.852 || 236.147 BE || 4 919 || 4 976 || 5.049 || 5 131 || 5 193 BG || 2 538 || 1 768 || 2.082 || 2 366 || 2 502 CZ || 3.959 || 4.109 || 4.280 || 4.423 || 4.435 DK || 1.965 || 2.020 || 2.068 || 2.099 || 2.120 DE || 40 660 || 41 020 || 41.184 || 41 321 || 41 738 EE || 494 || 554 || 524 || 552 || 546 IE || 1.684 || 1.802 || 1.910 || 1.953 || 1.931 EL || 4 303 || 4 543 || 4 799 || 5 024 || 5 132 ES || 20 250 || 20 909 || 21 760 || 22 145 || 21 983 FR || 30 497 || 31 002 || 31 443 || 31 109 || 31 394 IT || 34 667 || 35 297 || 35 680 || 36 105 || 36 477 CY || 355 || 373 || 411 || 444 || 461 LV || 742 || 822 || 905 || 933 || 904 LT || 1 455 || 1 592 || 1 588 || 1 671 || 1 695 LU || 307 || 315 || 322 || 329 || 332 HU || 2 889 || 2 954 || 3.012 || 3 055 || 3 014 MT || 213 || 218 || 225 || 229 || 235 NL || 7 092 || 7 230 || 7.392 || 7 542 || 7 622 AT || 4 157 || 4 205 || 4.246 || 4 285 || 4 360 PL || 12 339 || 13 384 || 14.589 || 16 080 || 16 495 PT || 4 200 || 4 290 || 4.379 || 4 408 || 4 457 RO || 3 364 || 3 603 || 3.541 || 4 027 || 4 245 SI || 960 || 980 || 1.014 || 1 045 || 1 059 SK || 1 304 || 1 334 || 1.434 || 1 545 || 1 589 FI || 2 430 || 2 506 || 2.570 || 2 700 || 2 777 SE || 4.154 || 4.202 || 4.258 || 4 279 || 4 301 UK || 28 326 || 28 447 || 28.873 || 29 050 || 29 152 HR || 1 385 || 1 436 || 1.491 || 1 535 || 1 533 MK || 253 || 242 || 249 || 263 || 282 TR || 5 773 || 6 141 || 6.472 || 6 797 || 7 094 IS || 187 || 197 || 208 || 210 || 205 NO || 2 029 || 2 084 || 2 155 || 2 197 || 2 244 CH || 3 861 || 3 900 || 3 956 || 3 990 || 4 010 LI || 24 || 24 || 24 || 25 || 26 Source: national statistics, United
Nations Economic Commission for Europe, Eurostat Table 2- Buses and coaches (thousand) || 2005 || 2006 || 2007 || 2008 || 2009 EU27 || 790,3 || 790,9 || 797,6 || 816,7 || 823,9 BE || 15,4 || 15,3 || 15,5 || 16,0 || 16,1 BG || 37,8 || 22,8 || 23,9 || 25,2 || 25,1 CZ || 20,9 || 21,1 || 21,2 || 21,1 || 20,7 DK || 14,4 || 14,6 || 14,5 || 14,5 || 14,5 DE || 75,2 || 75,1 || 75,1 || 75,3 || 76,4 EE || 5,2 || 5,4 || 4,3 || 4,3 || 4,1 IE || 7,6 || 8,0 || 8,5 || 8,9 || 8,6 EL || 26,8 || 26,9 || 27,1 || 27,2 || 27,3 ES || 58,2 || 59,1 || 61,0 || 62,2 || 62,7 FR || 90,1 || 92,2 || 94,4 || 92,9 || 95,8 IT || 94,4 || 96,1 || 96,4 || 97,6 || 98,6 CY || 3,2 || 3,2 || 3,3 || 3,4 || 3,4 LV || 10,6 || 10,6 || 10,6 || 10,5 || 9,7 LT || 15,3 || 15,6 || 14,5 || 14,3 || 13,8 LU || 1,3 || 1,4 || 1,5 || 1,5 || 1,6 HU || 17,5 || 17,7 || 17,9 || 18,0 || 17,7 MT || 1,1 || 1,1 || 1,2 || 1,2 || 1,2 NL || 11,0 || 10,8 || 11,1 || 11,3 || 11,7 AT || 9,3 || 9,3 || 9,3 || 9,4 || 9,6 PL || 79,6 || 83,5 || 87,6 || 92,4 || 95,4 PT || 14,7 || 15,0 || 15,1 || 15,4 || 15,5 RO || 39,3 || 40,4 || 34,2 || 41,5 || 41,2 SI || 2,3 || 2,3 || 2,3 || 2,4 || 2,4 SK || 9,1 || 8,8 || 10,5 || 10,5 || 9,4 FI || 10,9 || 11,2 || 11,5 || 12,3 || 13,0 SE || 13,5 || 13,6 || 13,3 || 13,5 || 13,4 UK || 105,6 || 109,7 || 111,9 || 114,0 || 115,0 HR || 4,9 || 4,9 || 5,0 || 5,1 || 5,1 MK || 2,3 || 2,2 || 2,3 || 2,3 || 2,5 TR || 501,9 || 533,5 || 561,7 || 583,5 || 585,1 IS || 1,9 || 1,9 || 1,9 || 2,0 || 1,9 NO || 28,8 || 27,0 || 25,2 || 23,3 || 21,5 CH || 45,8 || 46,4 || 48,0 || 48,5 || 50,7 LI || 0,1 || 0,1 || 0,1 || 0,1 || 0,1 Source: national statistics, United
Nations Economic Commission for Europe, Eurostat Table 3- Goods vehicles (thousand) || 2005 || 2006 || 2007 || 2008 || 2009 EU27 || 31.177,1 || 32.030,1 || 33.138,3 || 33.675,3 || 33.840,4 BE || 652,1 || 670,4 || 690,7 || 711,9 || 724,1 BG || 333,9 || 226,1 || 261,3 || 299,2 || 317,8 CZ || 439,2 || 490,9 || 554,8 || 607,4 || 601,8 DK || 469,5 || 508,8 || 536,6 || 531,4 || 507,9 DE || 2.404,9 || 2.471,2 || 2.503,0 || 2.523,6 || 2.556,0 EE || 86,2 || 92,9 || 80,3 || 83,4 || 81,1 IE || 286,5 || 318,6 || 345,9 || 351,3 || 343,9 EL || 1.186,5 || 1.219,9 || 1.255,9 || 1.289,5 || 1.302,4 ES || 4.849,6 || 5.087,3 || 5.353,3 || 5.405,6 || 5.342,9 FR || 5.346,7 || 5.344,8 || 5.476,0 || 5.212,0 || 5.238,6 IT || 4179,7 || 4331,7 || 4437,6 || 4534,7 || 4589,1 CY || 118,4 || 115,7 || 117,5 || 121,8 || 124,1 LV || 113,1 || 121,1 || 129,6 || 129,8 || 120,6 LT || 122,5 || 135,5 || 147,6 || 150,1 || 146,3 LU || 29,6 || 30,7 || 32,5 || 34,4 || 34,7 HU || 427,6 || 444,4 || 459,4 || 470,8 || 466,7 MT || 44,4 || 45,5 || 46,9 || 48,2 || 47,8 NL || 1.004,5 || 995,7 || 1.010,4 || 1.025,9 || 1.017,3 AT || 358,0 || 364,3 || 372,6 || 381,3 || 388,0 PL || 2.304,5 || 2.392,7 || 2.520,5 || 2.709,7 || 2.796,8 PT || 1.308,0 || 1.320,0 || 1.333,0 || 1.335,0 || 1.337,0 RO || 493,8 || 545,3 || 502,0 || 645,3 || 661,9 SI || 66,4 || 70,1 || 77,6 || 83,9 || 83,6 SK || 174,2 || 189,3 || 215,7 || 248,7 || 269,3 FI || 363,6 || 376,1 || 394,7 || 424,5 || 443,9 SE || 461,2 || 479,8 || 504,1 || 510,2 || 514,6 UK || 3.552,4 || 3.641,1 || 3.778,7 || 3.805,8 || 3.782,1 HR || 162,9 || 169,7 || 176,7 || 180,3 || 164,8 MK || 18,0 || 17,0 || 16,6 || 17,3 || 18,4 TR || 2.152,0 || 2.405,2 || 2.619,7 || 2.810,2 || 2.932,3 IS || 25,5 || 28,1 || 31,1 || 31,8 || 30,9 NO || 465,4 || 488,6 || 513,7 || 523,4 || 524,2 CH || 307,2 || 314,0 || 324,2 || 326,2 || 327,8 LI || 2,6 || 2,5 || 2,6 || 2,7 || 2,7 Source: national statistics, United
Nations Economic Commission for Europe, estimates Table 4- Two-wheelers (thousand) || 2005 || 2006 || 2007 || 2008 || 2009 BE || 346,3 || 359,8 || 374,7 || 388,3 || 403,9 BG || 146,5 || 76,3 || 90,3 || 106,9 || 117,6 CZ || 794,0 || 822,7 || 860,1 || 892,8 || 903,3 DK || 171,9 || 184,0 || 197,2 || 204,8 || 205,2 DE || 5.202,9 || 5.405,9 || 5.550,0 || 5.852,3 || 5.866,8 EE || 10,2 || 12,6 || 14,8 || 17,6 || 18,6 IE || 34,3 || 34,9 || 37,2 || 39,4 || 39,6 EL || 1.124,2 || 1.205,8 || 1.298,7 || 1.388,6 || 1.448,9 ES || 4.117,6 || 4.437,6 || 4.741,8 || 4.911,5 || 4.958,9 FR || 2.475,3 || 2.543,6 || 3.740,0 || 3.857,0 || 3.532,0 IT || 9.298,4 || 9.338,8 || 9.280,3 || 9.609,1 || 10.074,1 CY || 40,4 || 40,4 || 41,2 || 43,2 || 42,7 LV || 32,5 || 36,9 || 44,4 || 51,3 || 52,0 LT || 24,0 || 25,5 || 35,3 || 45,6 || 51,4 LU || 37,7 || 38,6 || 39,5 || 40,3 || 41,3 HU || 122,7 || 130,2 || 135,9 || 141,5 || 142,0 MT || 12,0 || 12,3 || 12,8 || 14,4 || 14,5 NL || 1.112,9 || 1.279,7 || 1.371,6 || 1.479,5 || 1.579,1 AT || 627,7 || 645,3 || 667,6 || 691,2 || 712,1 PL || 1.091,2 || 1.190,1 || 1.350,8 || 1.607,3 || 1.808,7 PT || 588,4 || 558,7 || 536,6 || 535,0 || 533,3 RO || 197,4 || 194,0 || 56,5 || 71,8 || 80,0 SI || 48,7 || 53,2 || 71,5 || 82,0 || 88,4 SK || 56,4 || 58,1 || 63,9 || 70,3 || 55,4 FI || 301,8 || 338,4 || 376,5 || 421,5 || 456,2 SE || 453,1 || 497,7 || 528,1 || 553,9 || 571,9 UK || 1.235,0 || 1.239,6 || 1.280,3 || 1.305,6 || 1.306,8 HR || 128,4 || 143,5 || 162,7 || 183,8 || 184,5 MK || 1,7 || 3,4 || 4,4 || 8,6 || 9,1 TR || 1.441,1 || 1.822,8 || 2.003,5 || 2.181,4 || 2.303,3 IS || 4,2 || 5,7 || 8,1 || 9,0 || 9,4 NO || 257,5 || 268,5 || 282,5 || 296,4 || 306,8 CH || 770,3 || 783,5 || 788,7 || 804,1 || 806,6 LI || 3,1 || 3,2 || 3,3 || 3,4 || 3,6 Source: national statistics, Association des
Constructeurs Européens de Motocycles (ACEM), Eurostat Table 5- Estimation of Number of
new vehicle registrations (M1 and N1), 2010 MS || New vehicle registrations 2006 || 2007 || 2008 || 2009 || 2010 DE || 3,772,394 || 3,482,279 || 3,425,039 || 4,049,353 || 3,198,416 FR || 2,498,946 || 2,584,035 || 2,573,713 || 2,718,599 || 2,708,883 UK || 2,734,360 || 2,799,619 || 2,485,258 || 2,222,542 || 2,293,576 IT || 2,598,075 || 2,776,018 || 2,423,606 || 2,357,709 || 2,161,087 ES || 1,953,134 || 1,939,298 || 1,362,586 || 1,074,222 || 1,114,119 BE || 598,220 || 606,459 || 617,223 || 539,625 || 611,340 NL || 568,683 || 602,810 || 604,057 || 451,348 || 544,733 PL || 295,008 || 372,278 || 401,232 || 372,142 || 387,050 AT || 347,387 || 339,691 || 336,000 || 350,429 || 362,449 SE || 329,960 || 358,722 || 301,459 || 247,513 || 333,747 PT || 265,174 || 276,606 || 275,119 || 203,760 || 272,775 CZ || 183,631 || 207,038 || 215,451 || 186,790 || 184,548 DK || 226,350 || 226,219 || 191,611 || 131,786 || 172,380 EL || 294,060 || 306,875 || 292,865 || 237,118 || 153,842 FI || 166,630 || 147,462 || 161,243 || 100,795 || 121,564 RO || 297,162 || 366,818 || 324,091 || 147,962 || 119,284 IE || 225,723 || 236,353 || 185,620 || 68,031 || 99,988 SK || 83,519 || 89,094 || 102,378 || 92,761 || 73,829 SI || 67,836 || 78,398 || 81,631 || 63,286 || 66,871 HU || 209,280 || 193,581 || 174,837 || 70,808 || 55,221 LU || 55,512 || 56,647 || 58,405 || 51,462 || 53,993 BG || 42,440 || 51,739 || 55,236 || 29,247 || 20,553 EE || 30,754 || 37,480 || 29,000 || 11,489 || 12,203 LT || 21,744 || 31,090 || 28,885 || 8,918 || 10,369 LV || 30,443 || 39,690 || 24,085 || 6,244 || 7,534 EU || 17,896,425 || 18,206,299 || 16,730,630 || 15,793,939 || 15,140,354 Source: ACEA, 2011. Data for Malta
and Cyprus not available Table 6- Estimation of De-Registrations
and Re-Registrations in intra-EU transfers of M1 and N1 vehicles, 2010 MS || De-registrations || Re-registrations AT || 68,804 || 31,558 BE || 213,727 || 170,824 BG || 306 || 153,868 CY || 94 || 9,054 CZ || 3,548 || 207,240 DE || 1,697,641 || 181,221 DK || 56,309 || 42,790 EE || 2,363 || 15,085 EL || 465 || 404,019 ES || 269,133 || 82,296 FI || 1,380 || 25,022 FR || 271,858 || 99,572 HU || 1,642 || 29,065 IE || 1,023 || 56,910 IT || 423,857 || 65,280 LT || 9,648 || 256,537 LU || 31,044 || 16,933 LV || 1,076 || 41,396 MT || 122 || 901 NL || 309,103 || 93,495 PL || 7,385 || 1,123,583 PT || 2,792 || 10,925 RO || 48,211 || 225,936 SE || 17,968 || 24,390 SI || 2,650 || 20,269 SK || 1,115 || 102,835 UK || 56,736 || 8,996 EU || 3,500,000 || 3,500,000 Source: elaboration on data from
study of the 2nd hand car market for DG Climate Action 8.4.2.3. Car-rental
and leasing sector Table 8 - Number of employees in
Renting and Leasing Cars companies (NACE code
77.11), 2008 Number of employees in renting and car leasing companies AT || 2,625 || IT || 10,292 BE || 2,907 || LT || 1,308 BG || 1,725 || LU || 312 CY || 1,024 || LV || 1,384 CZ || 2,144 || MT || 1,024 DE || 24,364 || NL || 7,144 DK || 1,403 || PL || 4,090 EE || 751 || PT || 3,840 EL || 4,222 || RO || 2,256 ES || 17,759 || SE || 2,225 FI || 1,038 || SI || 213 FR || 19,288 || SK || 1,239 HU || 2,770 || UK || 43,634 IE || 1,858 || EU || 162,839 Source:
own elaboration on Eurostat data Table
9- Estimated fleet size in the car-leasing sector, 2009 MS || Estimate total number of passenger cars (M1) || MS || Estimate total number of passenger cars (M1) AT || 420,000 || IT || 700,000 BE || 400,000 || LT || 85,000 BG || 100,000 || LU || 30,000 CY || 9,500 || LV || 70,000 CZ || 220,000 || MT || 3,500 DE || 2,600,000 || NL || 650,000 DK || 40,000 || PL || 305,000 EE || 100,000 || PT || 300,000 EL || 30,000 || RO || 280,000 ES || 520,000 || SE || 450,000 FI || 200,000 || SI || 90,000 FR || 1,380,000 || SK || 135,000 HU || 330,000 || UK || 4,400,000 IE || 75,000 || EU || 13,923,000 Source: extrapolation of Leaseurope
data Table 9- Estimated fleet size in
the car-leasing sector, 2009 MS || Estimate total number of passenger cars (M1) AT || 420,000 BE || 400,000 BG || 100,000 CY || 9,500 CZ || 220,000 DE || 2,600,000 DK || 40,000 EE || 100,000 EL || 30,000 ES || 520,000 FI || 200,000 FR || 1,380,000 HU || 330,000 IE || 75,000 IT || 700,000 LT || 85,000 LU || 30,000 LV || 70,000 MT || 3,500 NL || 650,000 PL || 305,000 PT || 300,000 RO || 280,000 SE || 450,000 SI || 90,000 SK || 135,000 UK || 4,400,000 EU || 13,923,000 Source: extrapolation of Leaseurope
data Table 10 – Estimated fleet size in the car-rental sector (M1 and N1
vehicles), 2009 MS || M1 vehicles || N1 vehicles || Total fleet size (M1 + N1) AT || 8,700 || 2,921 || 11,621 BE || 14,851 || 949 || 15,800 BG || 4,000 || 1,343 || 5,343 CY || 1,531 || 514 || 2,045 CZ || 6,900 || 2,317 || 9,217 DE || 153,000 || 41,000 || 194,000 DK || 19,978 || 7,059 || 27,037 EE || 417 || 140 || 558 EL || 12,600 || 4,230 || 16,830 ES || 168,452 || 56,557 || 225,009 FI || 9,500 || 3,190 || 12,690 FR || 170,000 || 45,000 || 215,000 HU || 10,400 || 3,492 || 13,892 IE || 34,700 || 11,650 || 46,350 IT || 115,000 || 6,100 || 121,100 LT || 1,117 || 375 || 1,492 LU || 2,349 || 789 || 3,138 LV || 466 || 156 || 622 MT || 3,000 || 1,007 || 4,007 NL || 29,790 || 11,572 || 41,362 PL || 10,100 || 3,391 || 13,491 PT || 52,600 || 17,660 || 70,260 RO || 4,000 || 1,343 || 5,343 SE || 21,100 || 7,084 || 28,184 SI || 1,500 || 504 || 2,004 SK || 1,500 || 504 || 2,004 UK || 200,146 || 124,270 || 324,416 EU || 1,057,697 || 355,117 || 1,412,813 Source: extrapolation of Leaseurope
data Table 11- Short term rental
companies per fleet size SIZE || ENTERPRISES Large enterprises with 100,000 or more vehicles || 3 to 4 enterprises Enterprises with 50,000 to 100,000 vehicles || 5 to 10 enterprises Enterprises with 1,000 to 50,000 vehicles || about 4% Enterprises with less than 1,000 vehicles || At least 95% of all rental enterprises Source: extrapolation of Leaseurope
data 8.4.3. Economic
Impacts 8.4.3.1. Methodology
and assumptions In this case, the usual discrimination among
administrative costs, business-as-usual costs, and administrative burdens is
not fully appropriate. Indeed, all costs are not business-as-usual, as citizens
and companies re-register their car not to respond to any need of their own,
but only because of the legal provisions. Therefore, throughout the analysis
the term “burdens” is used to represent both administrative costs and
administrative burdens, and the business-as-usual factor is always assumed to
be 0%. For the baseline scenario, the duration of
every step of the procedure for each vehicle has been estimated based on the
results of a survey carried out. An estimated time across different Member
States has been calculated based on the data. For steps that are not carried
out in every de- and re-registration procedure in every country, the assessment
of the weight of each step in the procedure is considered. Where appropriate,
out-of-pocket costs (fees) paid during the procedure is also estimated. Time per occurrence is comparable between
citizens and companies, as most of the procedures are exactly the same for both
categories. Nevertheless, the survey shows a lower time for companies, probably
due to the fact that most citizens do this procedure once in a lifetime, whilst
companies enjoy some, albeit limited, economies of learning. In the calculation of the time of the procedure
for registration authorities, for methodological reason, the time of a
“normally efficient” registration authority was estimated. It means that
possible complications and waste of time due to non-efficient application of
the legislative framework or to non-cooperation could not constitute proper
administrative burdens on national authorities. For this reason, a
methodologically correct assessment of administrative burdens for national
authorities does not constitute a full estimate of the time actually spent, which
could possibly be higher. 8.4.3.2. Impact
on administrative costs On the basis of the information about the
various steps of the de-registration and re-registration procedures in all
Member States analysed in annex 3, as well as on the basis of questionnaires
and interviews with stakeholders, the average duration of every step of the
procedures has been estimated in order to use it in the Standard Costs model. Cost
per occurrence was calculated by applying the appropriate salary rate. For
citizens, the average hourly labour costs in the business economy of full-time
employees retrieved from Eurostat, has been used. For businesses and national
registration authorities, the average salary rate (including overheads) of a clerk
has been identified from the EU database on Administrative Burdens. The number of occurrences is the total number
of de- and re- registrations carried out by both citizens and businesses in the
different Member States. Table
12 – Costs per occurrence MS || Average hourly salary rate (Eurostat) || Citizen || Clerk Salary rate (EU AB database) || Business || Registration Authorities Cost per occurrence – De-Registration || Cost per occurrence – Re-Registration || Cost per occurrence – De-Registration || Cost per occurrence – Re-Registration || Cost per occurrence – De-Registration || Cost per occurrence – Re-Registration AT || € 27.57 || € 243.05 || € 338.05 || € 22 || € 192.63 || € 266.38 || € 13.31 || € 34.94 BE || € 37.12 || € 301.59 || € 420.93 || € 23 || € 198.02 || € 273.99 || € 13.92 || € 36.53 BG || € 2.89 || € 91.93 || € 124.10 || € 1 || € 79.58 || € 106.61 || € 0.61 || € 1.59 CY || € 13.38 || € 156.13 || € 215.00 || € 10 || € 128.03 || € 175.08 || € 6.05 || € 15.88 CZ || € 9.15 || € 130.22 || € 178.31 || € 5 || € 101.12 || € 137.04 || € 3.03 || € 7.94 DE || € 29.15 || € 252.71 || € 351.74 || € 25 || € 208.78 || € 289.21 || € 15.13 || € 39.71 DK || € 36.29 || € 296.48 || € 413.70 || € 28 || € 224.93 || € 312.03 || € 16.94 || € 44.47 EE || € 7.55 || € 120.43 || € 164.45 || € 4 || € 95.73 || € 129.43 || € 2.42 || € 6.35 EL || € 17.79 || € 183.15 || € 253.26 || € 12 || € 138.80 || € 190.30 || € 7.26 || € 19.06 ES || € 20.12 || € 197.44 || € 273.47 || € 13 || € 144.18 || € 197.91 || € 7.87 || € 20.65 FI || € 29.53 || € 255.05 || € 355.05 || € 21 || € 187.25 || € 258.78 || € 12.71 || € 33.36 FR || € 32.37 || € 272.47 || € 379.71 || € 21 || € 187.25 || € 258.78 || € 12.71 || € 33.36 HU || € 7.35 || € 119.20 || € 162.71 || € 5 || € 101.12 || € 137.04 || € 3.03 || € 7.94 IE || € 28.19 || € 246.87 || € 343.46 || € 25 || € 208.78 || € 289.21 || € 15.13 || € 39.71 IT || € 24.53 || € 224.46 || € 311.73 || € 20 || € 181.87 || € 251.17 || € 12.10 || € 31.77 LT || € 5.72 || € 109.23 || € 148.59 || € 3 || € 90.35 || € 121.83 || € 1.82 || € 4.77 LU || € 31.72 || € 268.47 || € 374.05 || € 28 || € 224.93 || € 312.03 || € 16.94 || € 44.47 LV || € 6.05 || € 111.26 || € 151.46 || € 4 || € 95.73 || € 129.43 || € 2.42 || € 6.35 MT || € 8.31 || € 125.11 || € 171.07 || € 9 || € 122.65 || € 167.48 || € 5.45 || € 14.30 NL || € 29.38 || € 254.13 || € 353.74 || € 22 || € 192.63 || € 266.38 || € 13.31 || € 34.94 PL || € 6.75 || € 115.57 || € 157.56 || € 5 || € 101.12 || € 137.04 || € 3.03 || € 7.94 PT || € 11.90 || € 147.08 || € 202.19 || € 10 || € 128.03 || € 175.08 || € 6.05 || € 15.88 RO || € 4.02 || € 98.82 || € 133.86 || € 4 || € 95.73 || € 129.43 || € 2.42 || € 6.35 SE || € 33.47 || € 279.18 || € 389.21 || € 23 || € 198.02 || € 273.99 || € 13.92 || € 36.53 SI || € 13.74 || € 158.35 || € 218.13 || € 10 || € 128.03 || € 175.08 || € 6.05 || € 15.88 SK || € 8.19 || € 124.37 || € 170.03 || € 3 || € 90.35 || € 121.83 || € 1.82 || € 4.77 UK || € 19.21 || € 191.83 || € 265.54 || € 24 || € 228.20 || € 281.60 || € 14.52 || € 38.12 EU || - || € 248.80 || € 187.47 || - || € 194.72 || € 200.46 || € 13.48 || € 15.65 Source: own calculations Having estimated all the data necessary to run
the standard cost model, the usual formula ,
can be applied. P is Price (time X salary + out-of pocket costs), and Q is
quantity, the number of vehicles. Table 13- Administrative Burdens
under the no policy change scenario MS || Citizens || Business De-Registration || Re-Registration || Total || De-Registration || Re-Registration || Total AT || € 3.010.076 || € 3.200.449 || € 6.210.525 || € 10.868.179 || € 5.884.503 || € 16.752.682 BE || € 11.602.364 || € 21.571.603 || € 33.173.967 || € 34.703.588 || € 32.762.992 || € 67.466.580 BG || € 6.368 || € 17.185.367 || € 17.191.735 || € 18.858 || € 1.640.356 || € 1.659.215 CY || € 1.463 || € 194.654 || € 196.117 || € 10.800 || € 1.426.650 || € 1.437.449 CZ || € 337.298 || € 27.714.223 || € 28.051.521 || € 96.875 || € 7.100.131 || € 7.197.006 DE || € 77.222.894 || € 19.122.568 || € 96.345.463 || € 290.640.045 || € 36.687.433 || € 327.327.478 DK || € 3.005.018 || € 14.161.855 || € 17.166.873 || € 10.385.979 || € 2.670.399 || € 13.056.378 EE || € 156.492 || € 719.422 || € 875.914 || € 101.783 || € 1.386.298 || € 1.488.081 EL || € 8.523 || € 10.232.017 || € 10.240.540 || € 58.130 || € 69.196.306 || € 69.254.437 ES || € 5.313.634 || € 2.250.589 || € 7.564.223 || € 34.923.982 || € 14.658.363 || € 49.582.345 FI || € 323.737 || € 6.129.992 || € 6.453.729 || € 20.667 || € 2.007.282 || € 2.027.950 FR || € 59.259.119 || € 3.780.869 || € 63.039.989 || € 10.181.085 || € 23.190.141 || € 33.371.225 HU || € 142.904 || € 3.546.780 || € 3.689.684 || € 44.837 || € 995.772 || € 1.040.609 IE || € 101.048 || € 15.636.905 || € 15.737.953 || € 128.190 || € 3.291.773 || € 3.419.963 IT || € 9.513.846 || € 2.034.995 || € 11.548.841 || € 69.376.930 || € 14.756.526 || € 84.133.456 LT || € 969.491 || € 26.301.769 || € 27.271.259 || € 69.735 || € 9.688.327 || € 9.758.062 LU || € 1.500.181 || € 1.900.092 || € 3.400.273 || € 5.725.857 || € 3.698.514 || € 9.424.371 LV || € 110.096 || € 4.326.313 || € 4.436.410 || € 8.238 || € 1.660.986 || € 1.669.224 MT || € 14.659 || € 148.040 || € 162.699 || € 599 || € 6.039 || € 6.637 NL || € 14.139.344 || € 9.921.894 || € 24.061.238 || € 48.825.642 || € 17.433.879 || € 66.259.522 PL || € 623.062 || € 132.777.953 || € 133.401.015 || € 201.635 || € 38.494.411 || € 38.696.046 PT || € 41.066 || € 220.882 || € 261.948 || € 321.726 || € 1.721.460 || € 2.043.186 RO || € 1.077.693 || € 27.219.439 || € 28.297.132 || € 3.571.400 || € 2.924.365 || € 6.495.766 SE || € 4.514.812 || € 7.594.282 || € 12.109.094 || € 355.804 || € 1.336.533 || € 1.692.337 SI || € 306.365 || € 3.316.046 || € 3.622.411 || € 91.620 || € 887.197 || € 978.817 SK || € 101.216 || € 13.638.188 || € 13.739.404 || € 27.196 || € 2.756.145 || € 2.783.342 UK || € 8.707.184 || € 238.880 || € 8.946.064 || € 2.589.452 || € 2.279.910 || € 4.869.362 EU || € 202.109.954 || € 375.086.067 || € 577.196.021 || € 523.348.833 || € 300.542.692 || € 823.891.525 Source: own calculation MS || Registration Authorities De-Registration || Re-Registration || Total AT || € 915.777 || € 1.102.730 || € 2.018.506 BE || € 2.974.007 || € 6.240.475 || € 9.214.482 BG || € 185 || € 244.393 || € 244.578 CY || € 567 || € 143.804 || € 144.371 CZ || € 10.734 || € 1.645.832 || € 1.656.565 DE || € 25.676.815 || € 7.195.983 || € 32.872.798 DK || € 953.879 || € 1.903.026 || € 2.856.905 EE || € 5.718 || € 95.842 || € 101.559 EL || € 3.378 || € 7.700.599 || € 7.703.977 ES || € 2.116.727 || € 1.699.276 || € 3.816.003 FI || € 17.529 || € 834.613 || € 852.142 FR || € 3.453.957 || € 3.321.234 || € 6.775.191 HU || € 4.968 || € 230.823 || € 235.791 IE || € 15.478 || € 2.259.804 || € 2.275.282 IT || € 5.128.671 || € 2.073.725 || € 7.202.396 LT || € 17.511 || € 1.222.401 || € 1.239.912 LU || € 525.879 || € 753.057 || € 1.278.937 LV || € 2.603 || € 263.002 || € 265.605 MT || € 665 || € 12.886 || € 13.550 NL || € 4.114.156 || € 3.267.031 || € 7.381.187 PL || € 22.341 || € 8.923.119 || € 8.945.460 PT || € 16.892 || € 173.521 || € 190.412 RO || € 116.671 || € 1.435.447 || € 1.552.118 SE || € 250.030 || € 891.008 || € 1.141.039 SI || € 16.035 || € 321.941 || € 337.976 SK || € 2.023 || € 490.011 || € 492.035 UK || € 823.813 || € 342.922 || € 1.166.735 EU || € 47.187.008 || € 54.788.506 || € 101.975.514 8.4.3.3. Other
economic impact: loss of profits Citizens and companies bear other additional
costs due to the length of the de and re-registration procedure. In particular,
their ability to use their motor vehicle is reduced or impaired whilst waiting
for the process to be completed. This affects citizens who have to resort to
other transport solutions or to reduce their mobility and affects vehicle-owning
companies even more. It is considered that during the de- and
re-registration process, the capital of a vehicle cannot be employed in the
production process of a vehicle-owning business, or cannot be sold to the final
customer by a 2nd hand trader or a leasing company. Capital, and its
value, is locked in for a certain period. Companies lose any added value which
the capital would produce. Estimating the loss of profits depends
on the sector, and even on the enterprise, in which the vehicle is employed.
Such a level of detail as exists for vehicle registration data is not
available. Therefore, we will consider the opportunity cost of capital as a
proxy for the lost profits. Rational actors would invest in capital input as
long as it yields a higher productivity than the cost of capital. Therefore,
the cost of capital represents the lower level of the loss of productivity. To
estimate the cost of capital in case of vehicles, the leasing rate is used.
This is mostly representative of how firms manage their fleet, and is invariant
to the different source of funding of firms (e.g. bank debt, corporate bonds,
equity, own resources). The Bank of Italy reported that the lease rates for
vehicles in the second term of 2011 were equal to 8.32% for an amount lower
than €25,000, and to 6.96% for an amount higher than €25,000[86].
These data are calculated for national purposes and are not available at EU
level, and similar dataseries are not produced by the European Central Bank.
Since Italy represents the third national market for leasing in the EU, and the
second in the Eurozone, it is possible to consider these rates as
representative of the cost of leasing in Europe. Therefore, depending on the
average value of vehicles across the different segments, lost productivity is
estimated using lease rates of 8.32% or 6.96% as cost of capital. We assume
that the car is unavailable for use for around 1 month. Table
14 –Profit loss calculations Segment || Average Value || Leasing Rate || Weight || Number of re-registrations by businesses || || || F || Large || € 53,893 || 6.96% || 0.3 || n.a. || E || Upper Medium || € 31,592 || 6.96% || 1.2 || n.a. || D || Lower Medium || € 22,000 || 8.32% || 2.2 || n.a. || C || Medium || € 16,277 || 8.32% || 1.5 || n.a. || B || Small || € 11,244 || 8.32% || 0.5 || n.a. || A || Mini || € 9,702 || 8.32% || 0.05 || n.a. || WEIGHTED AVERAGE || € 23.131 || 7.97% || || - || || || || || || 1,499,273 || Table
15 –profit loss calculations Segment || || Loss of productivity F || Large || || € 469 E || Upper Medium || || € 275 D || Lower Medium || || € 229 C || Medium || || € 169 B || Small || || € 117 A || Mini || || € 101 WEIGHTED AVERAGE || || € 225 || || || € 336,691,336 Source: Copenhagen Economics, Bank of Italy,
own analysis 8.4.3.4. Other
economic impacts on the car-rental sector Under the current scenario, there are specific
additional impacts for rental companies resulting from the nature of their
business. According to the data provided by the sector, car-rental undertakings
manage a fleet of 1,412,813 vehicles across the EU, and conclude about
93,000,000 short-term transactions per year As a result of current procedures car-rental
companies face high cost barriers for 1-way cross-border rentals, and are
unable to manage their fleet to meet seasonal demand peaks. 1-way cross-border rentals cause additional costs to the one considered in the previous
section: Currently, the car can only be rented to a
person with the same nationality as the number plate of vehicle. Therefore, the
companies on most occasions incur the costs of repatriation. This is the cost
of transporting the vehicle back to the registration country, or in having the firm’s
employee return the vehicle to the registration country. They depend upon the
distance between the country of destination and the nearest major city in the
country of registration. It is estimated that additional costs amount to about
€500 per transaction, assuming an additional idle period of 8 days. Table
15 – Examples of prices for cross-border and non-cross-border rental
transactions || Return to || Company 1 || Company 2 || Company 3 || Average 1 day || Frankfurt || € 106 || € 111 || € 111 || € 109 Verona || € 960 || € 666 || € 840 || € 822 Difference || € 854 || € 555 || € 729 || € 713 5 day || Frankfurt || € 248 || € 239 || € 263 || € 250 Verona || € 1,103 || € 804 || € 1,000 || € 969 Difference || € 855 || € 565 || € 737 || € 719 These data show that current administrative
barriers create costs which are eventually borne by customers. Any
simplification would therefore benefit customers, who currently bear the costs,
and then secondly would benefit car-rental undertakings, because of an
increase in demand. The conservative assumption, for the purpose of
this impact assessment, is that only 1% of short-term rental transactions are
1-way cross-border. Moreover, it is assumed that for 10% of these transactions
it is possible to find a customer who is resident in the Member State of
registration, for which the company therefore incurs no additional costs.
Consequently, it is assumed that 837,000 1-way cross-border rental transactions
are concluded each year. They result in additional costs for businesses
of €418.5 million, additional price paid by customers of €599 million, and
therefore additional profits for businesses of €181.5mln. Costs for society are
equal to additional costs (or, analogously, to customers’ loss minus
businesses’ profits), that are €418.5 million. Then, the effect on demand should be assessed.
If costs are reduced and therefore prices also reduced, this would be reflected
in an increase in demand. The fact that the price for cross-border rentals more
than reflects the additional costs is a sign that demand is inelastic. In
practical terms, only those who really need such a rental transaction currently
demand it. For calculation purpose, elasticity equal to 0.5 and constant is
assumed. Conservatively, prices of the 5-day transactions to calculate the
increase in demand are increased, as the additional costs on the 1-day
transactions represent a too high share of total price. Elasticity is defined as ,
where is
elasticity, P is price, and Q quantity. Conversely, the increase in demand is
defined as .
According to our assessment, Q is 837,000 (number of 1 way transactions); P is
€969 and is
€719. is
therefore equal to 1,242,111 additional transactions. To estimate additional benefits for society,
one would need to study the functional form of the demand curve and of the
curve of marginal costs. Little information is available on these aspects. The
share of operating costs over operating income, is a fairly good approximation
of marginal costs. Since the share is equal to 45.1%[87],
producers’ surplus would be equal to €162 per transaction. Therefore 1,242,111
additional transactions would translate into additional benefits for car-rental
undertakings of about €202m. Management of seasonal peaks in demand It is estimated that in the current situation
100,000 transactions are declined every year because of supply constraint.
Using the same assumptions described above, for each transactions €162 of
producer’s surplus are lost. Therefore, impediments to proper management of
seasonal peaks cost society about €16.2mln. In theory, under current rules it
is possible to transfer cars and re-register them in the country of
destination, and then register them back in the country of origin. It is
estimated that this process would cost about €1000 per car (both
registrations). Assuming that the peak period lasts three months, this would
amount to a cost per day per vehicle of about €11. Considering that the average
rental price per vehicle per day is €45-50, it would amount to an increase of
20%, which makes this strategy currently unfeasible from an economic point of
view. If companies could freely manage their fleet
and assuming that they are able to fully satisfy demand peaks, loss of
producers’ surplus of €16.2mln would be eliminated. Companies would also incur the information costs. 8.4.3.5. Other
economic impacts: the 2nd hand vehicle market The reduction of administrative barriers,
administrative costs, and of the cost of capital due to the current procedures
for the registration of vehicles previously registered in another Member State
would be reflected in a reduction of the final price for customers of 2nd-hand
vehicles originating from another Member State. Consequently, the relative
price of 2nd-hand vehicles originating from another EU country would be lowered
compared to those originating from the same country. The effect would be straightforward if the
market for 2nd-hand vehicles originating from another Member State were a
separate relevant market. On the contrary, this is not the case, as at least
both 2nd-hand cars originating from the same Member State and new cars are
substitute goods, and therefore part of the same relevant market. Therefore, it
is not possible to say whether there would be a non-negligible effect on the
price for vehicles, and, consequently, whether this would translate in a higher
demand. Nevertheless, a more direct impact could be
predicted. The fact that the relative price of 2nd-hand vehicles originating
from another Member State is lowered increases their relative attractiveness
compared to those originating from the same Member State. It means that an
increase of the cross-border flux of 2nd-hand vehicle is likely. As said above,
it is not possible to say whether this would translate in an increase of the overall
market size, or only in a higher share of 2nd-hand vehicles originating from
another Member State out of the total transactions. As a side-effect, the more
intense trade flux would increase the arbitrage among national markets for
vehicles, leading to more uniform prices across the Single Market. 8.4.3.6. Sensitivity
analysis BASELINE VALUES || Current costs || Savings Baseline scenario || 2a || 2b || 2c -€ 2.472 || € 2.472 || € 2.385 || € 2.343 cars=3,850,000 || -€ 2.655 || € 2.655 || € 2.561 || € 2.517 cars=4,375,000 || -€ 2.930 || € 2.930 || € 2.825 || € 2.778 cars=3,150,000 || -€ 2.289 || € 2.289 || € 2.209 || € 2.169 cars=2,625,000 || -€ 2.015 || € 2.015 || € 1.945 || € 1.908 Leasing Rate=5.57% - 6.58% || -€ 2.406 || € 2.406 || € 2.451 || € 2.409 Leasing Rate=8.35% - 9.98% || -€ 2.538 || € 2.538 || € 2.319 || € 2.277 1-way cross-border transactions=1,004,040 || -€ 2.595 || € 2.595 || € 2.540 || € 2.468 1-way cross-border transactions=669,600 || -€ 2.347 || € 2.347 || € 2.258 || € 2.216 elasticity=0.3 || -€ 2.606 || € 2.606 || € 2.509 || € 2.452 elasticity=0.7 || -€ 2.414 || € 2.414 || € 2.315 || € 2.295 Baseline assumptions cars =3,500 ,000 leasing rate= 6,96%-8,32% 1 way cross border transactions= 837,000 elasticity of demand = 0.5% BASELINE VALUES || Current costs || Savings Baseline scenario || 3 || 4 || 5 -€ 2.472 || € 1.171 || € 1.171 || € 274 cars=3,850,000 || -€ 2.655 || € 1.287 || € 1.287 || € 295 cars=4,375,000 || -€ 2.930 || € 1.461 || € 1.461 || € 311 cars=3,150,000 || -€ 2.289 || € 1.055 || € 1.055 || € 253 cars=2,625,000 || -€ 2.015 || € 934 || € 934 || € 222 Leasing Rate=5.57% - 6.58% || -€ 2.406 || € 1.215 || € 1.215 || € 266 Leasing Rate=8.35% - 9.98% || -€ 2.538 || € 1.127 || € 1.127 || € 222 1-way cross-border transactions=1,004,040 || -€ 2.595 || € 1.171 || € 1.171 || € 274 1-way cross-border transactions=669,600 || -€ 2.347 || € 1.171 || € 1.171 || € 274 elasticity=0.3 || -€ 2.606 || € 1.171 || € 1.171 || € 274 elasticity=0.7 || -€ 2.414 || € 1.171 || € 1.171 || € 274 Baseline assumptions cars =3,500 ,000 leasing rate= 6,96%-8,32% 1 way cross border transactions= 837,000 elasticity of demand = 0.5% 8.5. Annex
5: European Vehicle and Driving Licence Information System (EUCARIS) 8.5.1. Treaty
concerning a European Vehicle and Driving Licence Information System (EUCARIS) The Treaty concerning a European Vehicle and
Driving Licence Information System (EUCARIS) was signed on 29 June 2000 in
Luxembourg by Belgium, Germany, Luxembourg, the Netherlands and the United
Kingdom. On 1 May 2009 the Treaty formally entered into force. Any State that applies the data protection
provisions of Directive 95/46/EC of the European Parliament and of the Council
of 24 October 1995 may apply to accede to the Treaty. The accession requires
the unanimous approval by the Parties to the Treaty. On 1 July 2010 Latvia was
the first country to accede to the Treaty. The Slovak Republic acceded on 1
December 2010. The Treaty obliges central registration
authorities to set up and maintain a common system for the exchange of vehicle
and driving licence data, namely the "European Vehicle and Driving Licence
Information System", known as EUCARIS. The purpose of this system is: –
to ensure that the central vehicle and driving
licence registers of the Parties to the Treaty are accurate and reliable; –
to assist in preventing, investigating and
prosecuting offences against the laws of individual States in the field of driving
licences, vehicle registration and other vehicle-related fraud and criminality;
and –
to exchange information rapidly in order to
increase the efficiency of administrative measures taken by the relevant
authorities according to the legal and administrative regulations of the
Parties of the Treaty. The following countries currently exchange
vehicle and driving licence information based on the EUCARIS Treaty: Belgium,
Estonia, Germany, Hungary, Iceland, Italy, Ireland, Latvia, Lithuania,
Luxembourg, Romania, Slovakia, Sweden, The Netherlands and the United Kingdom
(incl. Gibraltar, Isle of Man, Guernsey, Jersey and Northern Ireland). The following countries expressed their
interest for participation in the (near) future: Norway, Finland, France,
Slovenia, Poland, Bulgaria and Switzerland[88]. 8.5.2. Bilateral
exchange of information Since 2005 Germany and the Netherlands already
exchanged vehicle owner/holder information regarding traffic fines via
floppy/CD. In 2008 this exchange has been automated via EUCARIS. The legal
basis for this exchange is the Enschede Agreement. In 2008 also France and
Switzerland digitalized their exchange of traffic fines information via
EUCARIS. This exchange is based on a bilateral agreement between France and
Switzerland. Currently also Switzerland and Germany and France and Germany
exchange their traffic fines information by electronic means, in accordance
with bilateral agreements. Cooperating Member States Eucaris Treaty || Prüm Council Decisions || Bilateral agreements traffic fines Participants || Participants || Participants Ratified || Signed || To accede || Associated Germany || Romania || Estonia || Gibraltar || All EU Member States + Norway and Iceland || Germany – the Netherlands Luxembourg || Hungary || Isle of Man || France – Switzerland The Netherlands || Italy || Jersey || Switzerland – Germany United Kingdom || Ireland || Iceland || Germany – France Belgium || Lithuania || || Latvia || Sweden || || Slovakia || || || 8.5.3. The
exchange of vehicle registration data through EUCARIS in EU law The electronic exchange of information among
national motor vehicle registration authorities is developing steadily in other
contexts, for example in the so-called ‘Prüm Decisions’[89]
which provide, inter alia, for the automated exchange of vehicle registration
data, as well as for other forms of police cooperation between the 27 EU Member
States. Car registration data (including number plates and chassis numbers) are
exchanged through national platforms that are linked to the online application
‘EUCARIS’ (European Vehicle and Driving Licence Information System). It is a
communications network which allows participating countries to exchange data
relating to motor vehicles and driving licences. The system gives the
participants the possibility to consult on-line motor vehicle data kept in the
national registers of countries affiliated to the system. ‘EUCARIS’ will also be used in Directive
2011/82/EU facilitating the cross-border exchange of information of road safety
related traffic offences. One of its provisions relates to the establishment of a system of information exchange between the
State of offence and the State of registration on the most serious road safety
infringements, in order to identify the vehicle holder who has committed an
offence in a Member State other than the one where his vehicle is registered.
The Member State of offence would then be in a position to prosecute and
sanction him. The Directive will specify the exchange procedures (data,
responsible authorities and network). 8.5.4. The
functioning of the electronic exchange of vehicle registration data through
EUCARIS EUCARIS uses a peer-to-peer concept for the
data-exchange by means of a decentralised set-up in which all participating
countries are connected to each other and are able – by means of an interface –
to search in each other's register, without influencing the national structure of
their registers. There is no centralised system and no central register to be
searched by the registration authorities. EUCARIS is currently owned by the
Eucaris Community (Member State consortium). The maintenance and the support
are ensured by RDW (Dutch registration authority). According to a study about
the European Interoperability Infrastructure Services (EIIS)[90],
Eucaris II ‘can potentially be transformed into a more generic platform that
can be used for the exchange of all sorts of data and not only for information
related to vehicles and driving licences. Recently the consortium of connected
Member States have declared that EUCARIS should be the general exchange mechanism
for other transport related data (e.g. for tachograph cards, transport
undertakings etc). The potential for reuse is in its lightweight and pragmatic
architectural approach. The development cost to add additional countries is
low, and the operational cost is minimal.’ In addition the system offers
the functionality that every registration authority decides autonomously
decides which exchanged data are to be provided to which other organisations on
the territory of their Member States. The following vehicle information is currently
exchanged by the system: licence number, Vehicle Identification Number (VIN), document
ID, registration date, additional identifying attributes like colour, make and
commercial type of the vehicle, all EU harmonized attributes that are indicated
on the Vehicle Registration Document foreseen by Directive 1999/37/EC, PTI
information and destruction information. The inquiries between the Eucaris parties are
carried out in a synchronous (ad-hoc) way. This implies that the client
application waits for a response. As a consequence parties are expected to
respond within a reasonable time. When a country is inquiring multiple other
countries, the EUCARIS core will create a specific process thread for each
country. This is done in a parallel way, so that all countries threads are
started at the same time. On each thread the process will wait for a response.
Finally responses from all threads/countries are consolidated and returned to
the client. For a few services there is also an asynchronous
mechanism in EUCARIS. These services are not time critical. Information
transferred via these services is first stored in a queue in the local database
and periodically a mechanism tries or retries to transfer the data to the other
countries. These services use FileTransfer as generic transport mechanism. 8.5.5. Financial
aspects EUCARIS does not have legal personality. The budget
is set annually by the Participants’ Board in co-decision with third parties using
EUCARIS, encompassing the initial (development) costs of the EUCARIS system and
the annual joint costs of using the system. A (new) participating country will itself
finance the connection of its own register to the EUCARIS system. While a
country can opt for support arranged by EUCARIS, it will then be billed for the
costs involved. Therefore this is budget-neutral for the EUCARIS budget. Information should be provided to foreign
enforcement bodies free of charge. The operating costs of the register systems
are borne by the countries providing information and therefore have no impact
on the EUCARIS budget. All countries connected to EUCARIS on 31
December of a financial year must pay the annual contribution for that year,
including countries whose connection was not expected in the budget. The level of the standard fee is set (annually)
irrespective of the difference in legal status of countries’ participation in
EUCARIS. Operating and development costs for the EUCARIS system are differentiated
per connection and per legal basis and countries are only charged for the
functionality they use or will use. Operating and development costs are as far as
possible be divided per user group. Each user group is defined by the legal
basis for the services and functionalities used. In 2012 the user groups are: ·
EUCARIS Vehicle and Driving Licence exchange
user group; ·
Prüm user group; ·
Vehicle Owner / Holder exchange user group; ·
Mileage exchange user group; ·
ERRU user group; ·
TACHO user group; ·
RESPER user group; ·
eCall user group; ·
CoC exchange user group A country wishing to join a specific user group
can be asked to pay an entrance fee to contribute to certain investment costs
already covered by the other users. The budget for 2012 amounts to € 636.845. EUCARIS Budget 2011 and 2012 || Account 2010 || Budget 2011 || Expected outcome 2011 || Budget 2012 1000 Contributions General || 281.400 || 248.284 || 248.284 || 295.950 1001 Contributions EUCARIS || 51.506 || 3.000 || 3.000 || -2.198 1002 Contributions Prüm || 73.493 || 33.393 || 33.393 || 33.291 1003 Contributions O/H File Transfer || 28.800 || 0 || 0 || -11.552 1004 Contributions Mileage || 6.084 || 0 || 0 || 213 1100 Interest || 0 || 0 || 0 || 0 1200 Donations General || 0 || 0 || 0 || 0 1201 Donations EUCARIS || 4.000 || 4.000 || 5.000 || 5.000 1300 Other income General || 0 || 0 || 0 || 0 1301 Other income EUCARIS || 0 || 217.427 || 217.427 || P.M. 1302 Other income Prüm || 3.223 || 96.283 || 70.683 || 74.352 1305 Other income ERRU || - || - || - || 51.613 1307 Other income RESPER || - || - || - || 155.085 1309 Other income CoC || - || - || - || 39.104 Total income || 448.506 || 602.387 || 577.787 || 640.858 || || || || 2000 Meetings General || 4.967,65 || 7.500 || 2.500 || 8.000 2001 Meetings EUCARIS || 7.237,92 || 5.000 || 8.000 || 5.000 2002 Meetings Prüm || 899,36 || 1.500 || 1.500 || 1.000 2100 Procurement of hardware || 0 || 0 || 0 || 0 2200 Development of software General || 77.426,57 || 12.757 || 12.757 || 14.389 2201 Development of software EUCARIS || 42.888,96 || 217.427 || 217.427 || 0 2202 Development of software Prüm || 72.140,05 || 128.185 || 102.585 || 110.325 2203 Development of software O/H File Tran. || 17.248,38 || 0 || 0 || 0 2204 Development of software Mileage || 6.297,36 || 0 || 0 || 0 2205 Development of software ERRU || - || - || - || 51.613 2207 Development of software RESPER || - || - || - || 155.088 2209 Development of software CoC || - || - || - || 39.101 2300 Administration || 71.776 || 73.211 || 73.211 || 83.159 2400 Finances || 4.966,27 || 6.000 || 6.000 || 6.000 2500 Reporting || 0 || 0 || 0 || 0 2600 Operation || 106.365 || 108.491 || 108.491 || 123.370 2700 Maintenance of software || 52.964,52 || 50.000 || 37.000 || 40.000 3000 Publications || 5.401,41 || 2.600 || 2.600 || 3.500 3100 Symposia and such like || 0 || P.M. || 0 || P.M. 3200 Representation General || 0 || P.M. || 0 || P.M. 3201 Representation EUCARIS || 1.179,64 || 2.000 || 1.250 || 2.000 Total Costs || 471.758,09 || 614.671 || 573.321 || 642.545 || || || || Sub Total || -23.252,99 || -12.284 || +4.466 || -1.687 || || || || Surplus 2008 || + 24.947 || || || Surplus 2009 || || +12.275 || +12.275 || Surplus 2010 || || || || +1.694 Total || + 1.694,01 || - 9 || +16.741 || +7 8.5.6. Technical
aspects[91] 8.5.6.1. Introduction The EUCARIS system was realised in the early
nineties. The communication in the original EUCARIS I system was based on a
transaction monitor, Tuxedo, and hosted on UNIX platforms. The message protocol
was specific. In 2003 the EUCARIS Participants Board decided
to start the development of a new generation of the application based on web
service technology. This new generation was called EUCARIS II and has been
designed to send and receive signed XML messages and to run on a Windows
platform. The realisation of EUCARIS II was completed at
the end of 2006. Deployment started in 2007. Since October 2009 all countries
are connected to the new EUCARIS II environment. Therefore only the
architecture of EUCARIS II will be elaborated in this document. The EUCARIS architecture consists of the
following components that are described below and in the next chapters: ·
National Registries ·
An EUCARIS application in each Member State ·
A closed and secured TCP/IP network 8.5.6.2. National
Registries Each Member State is responsible for its own
Registry of vehicle and driving licence information and its own registration
procedures. Though European harmonisation is advancing, differences in these
procedures are still substantial. For instance, in most States a vehicle
licence identifies a vehicle and can be transferred from one owner/holder to
the next. In other States this licence is issued to a person, and can be
transferred from one vehicle to another. 8.5.6.3. An
EUCARIS application in each Member State EUCARIS is basically a centrally developed
application that is deployed in each Member State. The application consists of
two parts. These parts are a Web client and the so-called ‘Core’ application,
responsible for the secure handling and communication of the messages, between
the European Member States at one side, and the national Registry and the
national users at the other side. The main philosophy of EUCARIS is a direct
‘peer-to-peer’ communication, so all States communicate directly to one
another, without any central component. Both synchronous (interactive) and
asynchronous (batch) communication are supported. 8.5.6.4. Presentation At the front-end, the services framework or
‘Core’ receives requests from its national users, working with either the
‘standard’ EUCARIS Web client application or with custom Web or legacy clients
that may be integrated in systems of other organisations like the national
police. The EUCARIS system has been setup to support multiple clients. –
EUCARIS Web client: The system is delivered with
a browser based Web client that supports: ·
Multilanguage user interface enabling an
administrator to translate screen items ·
Multilanguage message interface enabling an
administrator to translate coded attributed ·
Multiple languages per country/user ·
Group role access control per application
function ·
Configuration management ·
Single Sign-on Using the default EUCARIS Web client, a new
participating party can access the Registries in other countries within a few
days (under the condition that the new participating party is granted access to
do inquiries in the specific Member States). –
Customized client: Besides the default client
application a so called customized client can be developed. Such a customised
client can be incorporated in a larger application (e.g. a police system) or in
the workflows within the organisation. A customized client application uses: ·
The EUCARIS web services for accessing services
in other countries, ·
The EUCARIS internal services for retrieval of
meta information on authorisation or for translation of the various message
elements like vehicle colours, vehicle signals, etc. The EUCARIS Web client and one or several
custom client applications may be combined in one Member State. 8.5.6.5. Applications The EUCARIS application has been written in the
Microsoft C# development language. The application consists almost entirely of
so called managed code. Managed code runs on top of the Microsoft Common
Language Runtime environment (CLR). The CLR provides a secure and independent
platform for running applications. –
SOA: The EUCARIS application has been setup
using SOA techniques. The so called ‘core’ application consists of several
Services Frameworks with interfaces for External and Internal Services and a
series of ‘core’ libraries with generic functionality used by the EUCARIS Web
client and the External and Internal Services. Communication between services
is based on SOAP and XML messages. –
The core application is connected to the legacy
of a Member State via a dedicated gateway that is no part of the EUCARIS
application, but has to be developed by each individual Member State since it
contains functionality very specific for that State. –
Generic Functionalities: The EUCARIS Services
Framework contains a number of generic functionalities used by the various
services. The following functions are available: ·
Signing of a message ·
Validation of a signed message ·
Logging of messages ·
Validation of message on conformity to the XSD ·
Authorisation ·
Authentication ·
Message distribution to other countries
(synchronous) ·
Message distribution to multiple countries
(Multi Country Inquiry) (synchronous) ·
Consolidation of incoming responses on a Multi
Country Inquiry ·
Message distribution to other countries
(a-synchronous) ·
Queuing An important feature of the application is the
so-called Multi Country Inquiry, a broadcasting mechanism sending a request to
all connected Member States (provided that the inquiry is authorised). Response
messages are consolidated and returned to the requesting user. At the back-end, the Services Framework is
connected via an interface to the national Registries providing the vehicle and
driving licence information on request from other States. In this interface all
coded information is translated to standardised values (e.g. colour-code or the
indication that the vehicle is stolen). –
Web services: The Services Framework provides
access to a series of services. The external interface, used for the
information exchange with parties abroad, requires signed messages and
validates the message-signature accordingly. The client interface requires
unsigned messages. Security has to be organised outside the application, based
on mechanisms like userid - password authentication and authorisation. The
following services are available: Service || Description CollectExtractService || External web service hosted by the Secretary State which receives requested Extracted Logging and stores it into the Sectary State database. ExtractLoggingService || External web service which provides access to Extracted Logging. See below FileTransferService || Web service for submitting and retrieving File Transfer messages.The FileTransferService is used as generic transport mechanism for asynchronous messaging. MessageOfTheDayService || Web service for submitting message of the day notifications. See below RegistrationNotificationService || Web service for submitting registration notifications. NotificationOfDestruction || Web services for notifications on scrapped vehicles SearchDriversLicenseService || Web service for directing Drivers License Inquiry requests. SearchVehicleOwnerService || Web service for directing Vehicle Owner Holder or Vehicle Insurance Inquiry requests. SearchVehicleService || Web service for directing Vehicle Inquiry requests. VHOwnerHolderExchangeService || Web service for submitting and retrieving VHOwnerHolder Exchange messages. GenericService || Single point of entry for delivering synchronous (ad-hoc) messages. Will replace the dedicated synchronous services “SearchVehicleService”, “SearchDriversLicense” and “SearchVehicleOwnerHolderService” in the future. –
Internal Services: The internal web services
provide access to the following services for local users of the standard
EUCARIS Web client or customized client applications: Service || Description ClientLogicService || Web service containing several web methods exposing Web client functionality to other local clients. ExtendedClientLogicService || Web service containing several web methods exposing Web client functionality to other local clients. –
Windows services: Windows services are
configured to handle asynchronous communications between EUCARIS servers. The
services run continuously and trigger the web services at regular intervals: Service || Description ExtractLogging || Windows service running exclusively on the EUCARIS server of the Secretary State, starting the ExtractLogging process. On activation the service requests logged messages from all Member States. FileTransferDelivery || Windows Service which delivers the File Transfer functionality. Extracts locally stored FileTransfer messages and processes them via a queuing mechanism. NotificationDelivery || Windows Service which delivers the Notification functionality. Extracts locally stored notifications and processes them via a queuing mechanism. VHOwnerHolderExchangeDelivery || Windows Service which delivers the VHOwnerHolderExchange functionality. Extracts locally stored VHownerHolderExchange messages and processes them via a queuing mechanism. 8.5.6.6. Communication The inquiries between the Eucaris parties are
carried out in a synchronous (ad-hoc) way. This implies that the client
application waits for a response. As a consequence parties are expected to
respond within a reasonable time. Within the EUCARIS community the standard has
been described in a Letter of Intent. When a country is inquiring multiple other
countries, the EUCARIS core will create a specific process thread for each
country. This is done in a parallel way, so to all countries threads are started
at the same time. On each thread the process will wait for a response. Finally
responses from all threads/countries are consolidated and returned to the
client. Thanks to the parallel processing, a MCI lasts
only slightly longer than the response time of the slowest country. For a few services there is also an
asynchronous mechanism in EUCARIS. These services are not time critical.
Information transferred via these services is first stored in a queue in the
local database and periodically a mechanism tries or retries to transfer the
data to the other countries. These services use FileTransfer as generic
transport mechanism. 8.5.6.7. Technical
infrastructure –
Platform & Operating system: The EUCARIS
application has been set-up using as few as possible additional software to
provide a lean, mean and cost effective system. The EUCARIS environment
requires: ·
Microsoft Windows 2003 + 2008 32 bit
architecture with ample user licenses ·
Microsoft .NET Framework 3.5 (no additional
costs). As from .Net framework 4.0 this framework is an integrated part of the
operating system. ·
Microsoft IIS (no additional costs) The system has been designed with scalability
as one of the design principals and therefore it can scale-up or scale-out to
meet the requirements of the business. Performance tests have proven that the
system will scale-up to at least 8 CPU. Expansion of the system can also be
accommodated by network load balancing and multiple servers and database
clustering. –
Storage: All data regarding logging, configuration
and customization information is stored in the database. The EUCARIS system has
been designed to support the following database configurations: ·
Microsoft SQL 2000/2005/2008 on EUCARIS server
using the free Express editions (out of the box) ·
Microsoft SQL 2000/2005/2008 on EUCARIS server
using full version ·
Microsoft SQL 2000/2005/2008 on external server ·
Oracle 9, 10 on EUCARIS server ·
Oracle 9, 10 on external server Since EUCARIS uses a lean and mean database
model, other versions of above database will probably work but are not yet
tested. –
Network: It is recommended to have two network
cards available in the EUCARIS server. One network card should be assigned to
the internal network and the other card to the EUCARIS (INFONET/TESTA) network.
The EUCARIS server however will also work with a single network card, but then
separation of internal network and EUCARIS network should be controlled by a
router. –
WAN - a closed and secured TCP/IP network: All
information is exchanged between the Member States via a secured private TCP/IP
network. Each Member State is connected to TESTA, a network managed under the
auspices of the European Commission, connecting administrations in the EU
Member States. –
DNS: Currently there is no DNS server
configured. The EUCARIS environment however supports full DNS by its operating
system. The host entries for all countries are maintained in the hosts file on
each EUCARIS server. Configuration of these entries is controlled via the
secretary management tool to ease configuration. Future use of DNS is to be
expected. 8.5.6.8. Security –
Security between the Member States: The security
between the Member States is controlled by the EUCARIS server core. The
messages are transferred over an SSL connection. All messages exchanged between
the States are signed with the use of a certificate. The EUCARIS server will
verify the signature of the incoming messages and then forward the verified
message unsigned to the registration server or requesting client application.
Details on security are given in. –
Certificate usage: Certificate information is
only present on the server that initiates the communication. Validation of the
message and signature is done by using the certificate information that is
exchanged with each request, provided that this certificate has been issued by
a trusted CA. No complicated certificate management between Member States is
required. The EUCARIS server supports multiple certificates from multiple PKI
providers. Currently the EUCARIS States run their own managed PKI that makes
use of Verisign certificates. The application has facilities to assign a
specific certificate to one or several services. –
Member State authorization: Member States
authorise other States based on their bilateral agreements or an international
Treaty etc. The common name (CN) on the certificate contains an
organisation-code that is used to validate the authorisation of the requesting
State or organisation. Multiple common names are supported by EUCARIS. The
EUCARIS application validates the message signing and permits/rejects a country
to make inquiries based on its own access control information. Access control
can be configured for each service and country via the Web client. A Member
States doesn’t have to validate the requesting users in other Member States and
therefore no complicated cross EUCARIS user management is required. –
CRL: The Certificate Revocation List for the
used certificates is stored on a central server at RDW. Since EUCARIS runs on a
private network, the CRL which is published by the Certificate Authority
(Verisign) on the public internet is not accessible and therefore is
periodically copied to a server at RDW. To address this CRL an entry in the
hosts file is added which will redirect the CRL checking request to
SVRSecure-crl.verisign.com to the server at RDW. –
User Authentication/Authorisation (Web client): EUCARIS
users using the standard EUCARIS Web client are authenticated using the default
Windows mechanisms. The users can be assigned to various Windows groups and
each group can be authorised for particular functions of the application. The
admin functions are separated from the regular users. Requests made to other
countries are made on the credentials of a country, but user information is
also transmitted in the request message to the requested country. –
User registration: Registration of users is
based on Windows. There are two possibilities to register users: ·
Local registration: users can be registered
locally on the EUCARIS server. Whenever a user connects via the browser to the
EUCARIS server, the user is prompted to enter username and password. This
method doesn’t support Single Sign On and password ageing. ·
Domain authorization: this is the preferred
method of adding users to the EUCARIS server. The EUCARIS server must be a Member
of the Windows domain used within the Administration. Once the user connects to
the EUCARIS server his credentials are used to connect to the server without an
additional logon screen. Password management applies to the same rules as
defined in the Administration’s Windows domain. –
Customised client: It is the responsibility
within the Member State to secure the inquiries made by a Customized client.
This is outside of the scope of EUCARIS. 8.5.6.9. Operational
system management –
Software maintenance, delivery and deployment: ·
Release management: A major change in one of the
messages, or addition of a new service, will lead to a new release of a plugin
or the application. New releases of the EUCARIS application are always
compatible with former releases, so e.g. a Member State with release 6.x is
able to communicate with a State using release 7.x. Changes in a request
message and changes in the structure of response messages will always lead to
the definition of a new service. Addition of optional elements in the response
messages results in a new version of the existing message. Eucaris uses a
sophisticated method to degrade messages from a higher version to previous
versions of this message if the requestor is not able to handle messages from a
higher version. ·
Phased implementation: The EUCARIS software is
delivered on CD, as a standard Microsoft MSI package. For installation some
pre-requisites are required like IIS and the Microsoft .NET Framework.
Installation and configuration are supported by specific tools that are
distributed with the application. Eucaris PlugIns and tools are also
distributed via the www.eucaris.net website. For the local administrators only
Windows knowledge is required. It is possible to implement only the specific
functionality of EUCARIS, or to split the implementation in several phases,
e.g. a first phase for client functionality, a second phase to connect EUCARIS
to the national vehicle registration and a third phase to connect the drivers
licence registration. ·
Acceptance procedure: A new Member State, or an
organisation extending its service with a new message, will only be accepted in
the production environment of EUCARIS after a formal test procedure. During
this procedure the Secretary State checks both requests from customised client
applications and response message. It is advised to have a separate acceptance
and production environment available for EucarisII, especially when you plan to
implement specific functionality in fases. Every major change in your inbound
or outbound implementation must be tested with an acceptance test coordinated
by the secretary state prior to go live in production. ·
Consequences of the addition of a new Member
State for other States: Addition of a new organisation in the EUCARIS network
has some consequences for the other parties. All parties have to authorise the
new Member and to define their own rights to perform inquiries in the new
country. Moreover, the IP address and URL’s of the newcomer have to be
registered in all connected organisations. To support this process the
Secretary State generates for each Member State the relevant configuration
files by means of a specific tool and distributes these files to all parties.
The secretary state releases an average of 12 so called ‘Configuration Updates’
per year for the production environment. Installing a ‘Configuration Update’ is
relatively easy and is normally performed by your local system administrator
(this procedure is well documented in the technical documentation of Eucaris).
This recurring task has to be taken into account when defining the local
Operational Service Management. ·
Service levels and Letter of Intent: So far
there is no formal Service Level Agreement. However the EUCARIS Member States
signed a Letter of Intent concerning the opening hours, availability and
performance of the EUCARIS services, including their Registry systems. The Prüm
Member States have drawn up such a Letter of Intent as well. The actual service
level offered by each State is reported monthly and discussed during the yearly
EUCARIS Participants’ Board. –
Management and support ·
Error handling: At the European level, the
EUCARIS environment consists of loosely coupled applications. This implies that
there is no dependency between the systems in each Member State. In case of a
failure of one of the systems, requests and replies of all other systems are
still processed. Error handling depends on the nature of the failure. Serious
failures concerning e.g. network, hardware or authorisation, will result in an
immediate error message that is returned to the local client application or the
requesting Member State. When no response has been received within the
configured time, the requesting country will generate a so called time-out
error and inform the client. The EUCARIS Web client application is able to show
incomplete results, consisting of responses from some Member States and error
messages from others. ·
Event logging: The EUCARIS system will report
all information messages, warnings and error messages into the Windows Event
log. The Secretary State has a shortlist with causes and the solutions related
to most of the messages and the actions to perform. ·
Message logging: All messages are optionally
logged into the database for auditing, statistics or error handling. Per
service there are several messages types which can be logged. These message
types are: –
Request entering the system from a local client
(Web client, customized client) –
Request forwarded to another Member State –
Reply received from another Member State –
Reply returned to the client –
Request entering the system from another Member
State server –
Request forwarded to the legacy (Registry
system) –
Reply received from the legacy –
Reply returned to the requesting Member State By using the Web client, an administrator can
define for each individual service which message types are logged. So it is
possible e.g. to log the Driving Licence Inquiries and not to log the Prüm
Inquiries. ·
First, second and third line support: First line
support has to be arranged by the participating country. For second line
support the participating country can contact the service desk of the Secretary
State (currently RDW). Support is available during office hours. When required,
RDW will pass the problem to a subcontractor for further support. ·
Monitoring of availability: RDW, in the role of
Secretary State, will probe all EUCARIS servers in the network by means of a
specific monitoring tool. Currently polling has been set to occur each 10
minutes. The tool sends at regular times for each service a request message to
all connected organisations and reacts on the incoming response messages. Both
availability and performance are registered. Whenever a system in one of the
Member States is not available, this will be reported to the service desk at
RDW and appropriate actions will be taken. The organisation involved will be
notified. An incident report will be made. An availability report is published
monthly. ·
Functional support: Functional support
concerning the content of individual registrations is given by the service desk
of each individual organisation. A comprehensive help text is available for the
end users as part of the Web client application. 8.6. Annex
6: Discarded option An amendment of the Vienna Convention on Road
Traffic of 8 November 1968 was discarded at an early stage. Austria, Belgium, Bulgaria, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia,
Lithuania, Luxembourg, the Netherlands, Poland, Portugal Romania, Slovakia,
Slovenia, Spain, Sweden and the United Kingdom are contracting parties to the
Convention which was concluded under the auspices of the United Nations
Economic Commission for Europe. Ireland, Malta and Cyprus did not sign the
Convention[92]. According to Article 1(b) of the Convention, a
vehicle is said to be “in international traffic” in the territory of a State
if: ‘(i) It is owned by a natural or legal
person normally resident outside that State; (ii) It is not registered in that State; and (iii) It is temporarily imported into that
State; provided, however, that a Contracting Party
may refuse to regard as being “in international traffic” a vehicle which has
remained in its territory for more than one year without a substantial
interruption, the duration of which may be fixed by that Contracting Party.’ Article 35(1)(a) of the Convention specifies
inter alia that, in order to be entitled to the benefits of the Convention,
‘every motor vehicle in international traffic, and every trailer, other than a
light trailer, coupled to a motor vehicle shall be registered by a Contracting
Party or a subdivision thereof, and the driver of the motor vehicle shall carry
a valid certificate of such registration issued either by a competent authority
of such Contracting Party or subdivision thereof or on behalf and by
authorization of such Contracting Party or subdivision thereof by an
association duly empowered thereto by that Contracting Party or subdivision
thereof.’ According to the Convention, the registration
certificate must at least bear the following particulars: –
A serial number, to be known as the registration
number, composed in the manner indicated in Annex 2 to the Convention; –
The date of first registration of the vehicle; –
The full name and home address of the holder of
the certificate; –
The name or the trademark of the maker of the
vehicle; –
The serial number of the chassis (the maker’s
production or serial number); –
In the case of a vehicle intended for the
carriage of goods, the permissible maximum mass; –
In the case of a vehicle intended for the
carriage of goods, the unladen mass; –
The period of validity, if not unlimited. The Convention indicates that the particulars
entered in the certificate must either be in Latin characters or so-called
English cursive script only, or be repeated in that form. The Convention allows
Contracting Parties or their subdivisions to decide that the year of
manufacture, instead of the date of first registration, may be entered on
certificates issued in their territories. In the case of motor vehicles of
categories A and B as defined in Annexes 6 and 7 to the Convention and, if
possible, for other motor vehicles, the certificate must be headed with the
distinguishing sign of the State of registration as defined in Annex 3 to the
Convention. It obliges its Contracting Parties to place the letters A, B, C, D,
E, F, G and H respectively before or after the eight items of information which
are required under Article 35(1)(a) to be shown on all registration
certificates. The Convention specifies also that the words ‘Certificat
d’immatriculation’ in French may be placed either before or after the title of
the certificate in the national language (or languages) of the country of
registration. Pursuant to Article 35(1)(d) of the Convention,
a photocopy of the registration certificate, certified as a true copy by the
authority which issued the certificate, must be considered sufficient for
trailers, including semi-trailers, imported temporarily into a country by a
mode of transport other than road transport. Article 35(2) of the Convention
entitles articulated vehicles which are not disassembled while in international
traffic to the benefits of the provisions of the Convention even if they have
only a single registration and a single certificate for the drawing vehicle and
semi-trailer composing them. According to Article 35(3), nothing in the
Convention can be construed as limiting the right of Contracting Parties or
their subdivisions to require, in the case of a vehicle in international
traffic which is not registered in the name of a person travelling in it, proof
of the driver’s right to be in possession of the vehicle. Article 35(4) of the
Convention recommends the Contracting Parties to set up, if they have not
already done so, a service responsible for keeping, at the national or regional
level, a record of motor vehicles brought into use and a centralized record,
for each vehicle, of the particulars entered in each certificate of
registration. Consequently, the Convention does not specify
in which State the motor vehicle ought to be registered, nor does it specify
the administrative requirements of the registration. None of the provisions of
the Convention prevents Member States and/or the EU to facilitate the
registration of motor vehicles previously registered in another Member State of
the EU. Moreover, not all Member States are party to the Convention while many
other countries ratified or acceded to the Convention. Moreover, any change of
the Convention would need the agreement of all the parties to the Convention,
which seems completely disproportionate in order to solve a European problem. Finally,
an amendment of the Convention does not prevent the Contracting Parties from
formulating a reservation. 8.7. Annex
7: SME Test (1) Consultation with SMEs representatives || During the public consultation, the online questionnaire, hosted on the European Union’s website, was open to various categories of stakeholders. Tailor-made questionnaires for different categories of stakeholders — citizens, businesses and public authorities — were available in all 22 EU official languages. Information on the public consultation was published on several websites and promoted through business networks, e.g. through the Enterprise Europe Network. The Enterprise Europe Network brings together almost 600 business support organisations from 50 countries in order to help small companies in the EU Single Market. Of the 151 replies received from businesses during the public consultation (143 replies via the public questionnaire and 8 submitted as separate contributions), many were submitted by SMEs, namely businesses selling second-hand vehicles (49.0%), followed by leasing companies (2.1 %), car rental companies (0.7 %). (2) Preliminary assessment of businesses likely to be affected || Two categories of SMEs are likely to be affected. The first category consists of the second-hand traders. Although one can assume that they will not register the motor vehicles purchased in another Member State and that the registration will be done by the customer, a professional second-hand trader will be in a position to provide its (potential) clients with all the paperwork, including roadworthiness certificates and inspection results. The second category consists of car leasing firms and car rental companies acting in the segment of passenger cars (M1) and light duty motor vehicles (N1). They are estimated at around 23,000. Almost the totality of the sector is composed by SMEs (99.8%). Only 75 are large enterprises (250 or more employees). Total employment in this sector is around 160,000 workers. The biggest percentage of companies is located in France, United Kingdom, Germany, Spain, Italy and Czech Republic (66% of the total). (3) Measurement of the impact on SMEs || The impacts on SMEs are measured specifically in all options separately. For leasing firms and car-rental companies, a quantitative assessment of the impacts took place. As regards the second-hand traders, there are no precise statistics on the intra-EU trade of second-hand motor vehicles. Therefore, a qualitative assessment with respect to the second-hand market was made for every option. (4) Assess alternative options and mitigating measures || At the end of the impact assessment, there was no indication that the selected options might result in a disproportionate burden for SMEs. Consequently, there is no element showing the need for SME specific measures in order to ensure compliance with the proportionality principle. [1] http://ec.europa.eu/enterprise/policies/single-market-goods/free-movement-non-harmonised-sectors/car-registration/view_contributions_en.htm [2] http://ec.europa.eu/enterprise/policies/single-market-goods/free-movement-non-harmonised-sectors/car-registration/conference_documents_en.htm [3] COM(2010)2020 of 3.3.2010. [4] COM(2010)603 of 27.10.2010. [5] This list represents a snapshot of difficulties
encountered by people (understood in a wide sense: citizens, businesses,
consumers, workers, students, pensioners) when attempting to exercise their EU
rights. See http://ec.europa.eu/internal_market/strategy/docs/20concerns/publication_en.pdf.
[6] http://ec.europa.eu/enterprise/policies/smart-regulation/administrative-burdens/high-level-group/files/hlg_100311_amsterdam_offline_opinion_en.pdf, point 21. [7] The registration certificate may contain, on an
optional basis, information about the ownership of the motor vehicle. Where the
particulars about the ownership are not included in the registration
certificate, it will contain a reference to the fact that the holder of the
registration certificate is the vehicle owner, or is not the vehicle owner, or
is not identified by the registration certificate as being the vehicle owner. [8] Member States are obliged to register new motor
vehicles on the basis of the certificate of conformity, pursuant to Article 26
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 vehicles. Since new motor vehicles face no barriers for their
first registration in the EU, they fall outside the scope of this impact
assessment. For further details, see Annex 2. [9] This impact assessment does not relate to
re-registrations of motor vehicles previously registered in the same Member
State or in a third country. [10] Annex 2 contains an overview of the jurisprudence of
the Court of Justice on these cases. [11] Annex 3 contains a succinct overview of the different
formalities and requirements relating to motor vehicle registration in the
Member States. [12] See the results of the public consultation and the
survey of national registration authorities in Annex 1. [13] Judgment of 20 September 2007, Commission of the
European Communities v Kingdom of the Netherlands, Case C-297/05 ; Judgment
of 5 June 2008, Commission of the European Communities v Republic of Poland,
Case C-170/07. [14] 24 Member States are Contracting Parties to the Convention.
The full text of the Convention can be consulted on http://www.unece.org.unecedev.colo.iway.ch/fileadmin/DAM/trans/conventn/Conv_road_traffic_EN.pdf.
[15] Judgment of the Court of Justice of 21 March 2002, Cura
Anlagen GmbH v Auto Service Leasing GmbH (ASL), Case C-451/99. The Court of
Justice also pointed out that, save for the specific situation of vehicles
which are imported into the EU temporarily and motor vehicles intended
exclusively for the road transport of goods with an authorised load of 12 tonnes
or more, ‘the taxation of motor vehicles has not been harmonised and differs
considerably from one Member State to another. Member States are therefore free
to exercise their powers of taxation in that area, provided they do so in
compliance with EU law. It is lawful for them to allocate those powers of
taxation amongst themselves on the basis of criteria such as the territory in
which a vehicle is actually used or the residence of the driver, which are
various components of the territoriality principle, and to conclude agreements
amongst themselves to ensure that a vehicle is subject to indirect taxation in
only one of the signatory States.’ [16] The latest ‘Commission interpretative communication on
procedures for the registration of motor vehicles originating in another Member
State’ [SEC(2007)169 of 14.2.2007] was published in OJ C68 of 24.3.2007, p. 15.
This communication replaced in its entirety the previous Commission
Communication on the same subject [96/C 143/04], published in OJ C143, 15.5.1996,
p. 4. [17] Motor vehicles with at least four wheels are subdivided
into category M (i.e. vehicles used for the carriage of passengers whereby
category M1 covers motor vehicles with no more than eight seats in addition to
the driver’s seat and categories M2 and M3 cover motor vehicles with more than
eight seats in addition to the driver’s seat), category N (motor vehicles used
for the carriage of goods), category O (trailers, including semi-trailers),
off-road vehicles (symbol G) and ‘special purpose vehicles’ (i.e. vehicles
intended to perform a function which requires special body arrangements and/or
equipment). [18] Ereg, The vehicle chain 2010/2011 [19] CARFAX Europe GmbH, Musiol Munzinger Sasserath
Gesellschaft für umsetzungsorientierte Markenberatung und Markenentwicklung
mbH, F.A.Z.-Institut für Management-, Markt- und Medieninformationen GmbH,
„Used Cars: from Outsider to Market Driver”, August 2009. [20] ACEA and Oko institute e.V. Transport and Mobility COWI
2001. [21] See Annex 4 for more detailed figures. [22] See Annex 4 for more detailed figures. [23] CARFAX Europe GmbH, Musiol Munzinger Sasserath
Gesellschaft für umsetzungsorientierte Markenberatung und Markenentwicklung
mbH, F.A.Z.-Institut für Management-, Markt- und Medieninformationen GmbH,
„Used Cars: from Outsider to Market Driver”, August 2009. [24] http://ec.europa.eu/competition/sectors/motor_vehicles/documents/block_exemption_final.pdf.
[25] According to IAS 17.4, a lease is classified as a
finance lease if it transfers substantially all the risks and rewards incident
to ownership. All other leases are classified as operating leases.
Classification is made at the inception of the lease. Whether a lease is a
finance lease or an operating lease depends on the substance of the transaction
rather than the form. Situations that would normally lead to a lease being
classified as a finance lease are, for example, when the lease transfers
ownership of the asset to the lessee by the end of the lease term, or when the
lessee has the option to purchase the asset at a price which is expected to be
sufficiently lower than fair value at the date the option becomes exercisable
that, at the inception of the lease, it is reasonably certain that the option
will be exercised [IAS 17.10]. [26] See Annex 4 for more detailed figures. [27] Council Decisions 2004/919/EC, 2008/615/JHA and
2008/616/JHA aim at combating cross-border vehicle crime. More information
about these Decisions can be found in Annex 2. [28] European Commission, Internal Market and Services,
SOLVIT - 2010 Report, 2011. In total, there were 75
vehicle registration and 11 driving licence cases in 2010, according to this
report. For a more detailed description of the of questions and problems
handled by the EU information and assistance services (i.e. Europe Direct
Contact Centres (EDCC), Your Europe Advice (YEA, former Citizens Signpost
Service), European Consumer Centres (ECC), Enterprise Europe Network and
SOLVIT) in 2009, see section 8.1.3 of Annex I. [29] Directive 2011/82/EU of the European Parliament and of
the Council of 25 October 2011 facilitating the cross-border exchange of
information on road safety related traffic offences, JO L288 of 5.11.2011, p. 1. [30] Subject to the outcome of the proceedings at the Court
of Justice, following the action taken by the Commission [Decision C(2012)438
of 25.1.2012]. [31] Council Directive 2011/16/EU of 15 February 2011 on
administrative cooperation in the field of taxation and repealing Directive
77/799/EEC, OJ L64 of 11.3.2011, p. 1. [32] Council Directive 2010/24/EU of
16 March 2010 concerning mutual assistance for the recovery of claims
relating to taxes, duties and other measures, OJ L84 of 31.3.2010, p. 1. [33] See Annex 2. [34] A detailed description of the electronic exchange of
vehicle registration data is set out in Annex 5. [35] Directive 2009/103/EC of the European parliament and of
the Council of 16 September 2009 relating to insurance against civil liability
in respect of the use of motor vehicles, and the enforcement of the obligation
to insure against such liability [36] For the calculations, the assumption is a reduction of
the effective time of the re-registration for companies and citizens of 94% and
of 60% for authorities. The additional assumption is that there are no fees to
be paid. [37] For the calculations, the assumption is a reduction of
the effective time of the re-registration for companies and citizens of 90% and
of 45% for authorities. The additional assumption is that there are no fees to
be paid. [38] We assume that the effective time for re registration
would be reduced by 50% for citizens and companies. We assume that fees linked
to de-registration would also disappear and those related to re-registration
would remain the same. Time for public authorities would also be reduced 60%. [39] A detailed description of the electronic exchange of
vehicle registration data is set out in Annex 5. [40] Council Conclusions on improving the detection of
stolen vehicles in the Member States to tackle illegal cross-border
trafficking, 3051st Justice and Home Affairs Council Meeting of 2
and 3 December 2010 [41] For our calculations we assume a reduction of 40% in
the effective time for re-registration for citizens and companies and 55% for
authorities. The time for de-registration would remain the same. [42] For further details, see Annex 5. [43] These various positive and negative impacts are of
different nature and intensity. One positive impact does not necessarily
outweigh one negative impact. Adding them to compare the total number of
positive and negative impacts for each option would therefore be misleading. [44] http://ec.europa.eu/yourvoice/ipm/forms/dispatch?form=CARREGISTRATION. [45] EUROPA website, E-Reg website, IHK website, Enterprise
Europe Network bulletin. [46] Multiple choice reply. [47] Multiple choice reply. [48] Multiple choice reply. [49] Multiple choice reply. [50] See above, Question 19. [51] The report was delivered in May 2011 and can be found
on http://ec.europa.eu/internal_market/strategy/docs/20concerns/feedback_report_en.pdf [52] Council Directive 1999/37/EC of 29 April 1999 on the
registration documents for vehicles (OJ L 138, 1.6.1999, p. 57); [53] 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 (OJ L 46, 17.2.1997, p. 1); [54] 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 vehicles (OJ L 263, 09.10.2007, p. 1); [55] For this reason, the number of cases that were analysed
as infringement of the EU law results from a very conservative approach and may
constitute an underestimation of the number of cases involving infringement of
EU law. Unclear cases have been coded as uncertain infringement of EU law and
are mentioned bellow in other barriers to the exercise of single market rights. [56] 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 vehicles. [57] Directive 2002/24/EC of the European Parliament and of
the Council of 18 March 2002 relating to the type-approval of two or three-wheeled
motor vehicles and repealing Council Directive 92/61/EEC. [58] Directive 2003/37/EC of the European Parliament and of
the Council of 26 May 2003 on type-approval of agricultural or forestry
tractors, their trailers and interchangeable towed machinery, together with
their systems, components and separate technical units and repealing Directive
74/150/EEC. [59] Council Directive 1999/37/EC of 29
April 1999 on the registration documents for vehicles. [60] Directive 2006/1/EC of the European Parliament and of the
Council of 18 January 2006 on the use of vehicles hired without drivers for the
carriage of goods by road. [61] Directive 2009/40/EC of the European Parliament and of
the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their
trailers. [62] Directive 2000/30/EC of the European Parliament and of
the Council of 6 June 2000 on the technical roadside inspection of the
roadworthiness of commercial vehicles circulating in the Community. [63] Directive 2009/103/EC of the European Parliament and of
the Council of 16 September 2009 relating to insurance against civil liability
in respect of the use of motor vehicles, and the enforcement of the obligation
to insure against such liability. [64] Council Decision 2008/615/JHA of
23 June 2008 on the stepping up of cross-border cooperation, particularly in
combating terrorism and cross-border crime. [65] Council Decision 2008/616/JHA of
23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up
of cross-border cooperation, particularly in combating terrorism and
cross-border crime. [66] Regulation (EC) No 1160/2005 of the European Parliament
and of the Council of 6 July 2005 amending the Convention implementing the
Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common
borders, as regards access to the Schengen Information System by the services
in the Member States responsible for issuing registration certificates for
vehicles authorises the services responsible for issuing registration
certificates for vehicles. [67] Directive 2000/53/EC of the European Parliament and of
the Council of 18 September 2000 on end-of life vehicles. [68] The information in this section is partly an extract of
‘The Vehicle Chain in Europe 2011’ published by Ereg, the Association of
European Vehicle and Driver Registration authorities, and partly a summary of
information that was found on various websites in September 2011. The objective
of this section is to give a succinct overview. It does not contain a detailed
or exhaustive description of national motor vehicle registration systems. [69] http://www.skat.dk [70] Point 18 of the judgement of the Court of Justice of 23
October 2003, Administration des douanes et droits indirects v Rioglass SA and
Transremar SL, Case C-115/02. [71] See judgement of the Court of Justice of 2 October 2003,
Criminal proceedings against Marco Grilli,
Case C-12/02. [72] Association of European Vehicle and Driver Registration
Authorities, https://www.ereg-association.eu/.
[73] United Nations - Economic Commission for Europe, 8
November 1968, as amended. [74] See judgement of the Court of Justice of 2 October 2003,
Criminal proceedings against Marco Grilli,
Case C-12/02. [75] Association of European Vehicle and Driver Registration
Authorities, https://www.ereg-association.eu/.
[76] Eurostat Yearbook 2010. [77] MKW Wirtschaftsforderung GmbH, ‘Scientific Report on
the Mobility of Cross-Border Workers within the EU-27/EEA/EFTA Countries’,
January 2009. [78] European Commission, Taxation Papers – Company Car
Taxation, 2010. [79] Öko-Institut e.v., European second-hand car market
analysis, 2011 (http://www.oeko.de/oekodoc/1114/2011-005-en.pdf)
[80] Impact study of mileage fraud with used cars &
Adaptability of the Car-Pass model in other EU-countries (Brussels, October
2010), http://www.car-pass.be/docs/CAR-PASS-study-final-report.pdf.
[81] According to IAS 17.4, a lease is classified as a
finance lease if it transfers substantially all the risks and rewards incident
to ownership. All other leases are classified as operating leases.
Classification is made at the inception of the lease. Whether a lease is a
finance lease or an operating lease depends on the substance of the transaction
rather than the form. Situations that would normally lead to a lease being
classified as a finance lease are, for example, when the lease transfers
ownership of the asset to the lessee by the end of the lease term, or when the
lessee has the option to purchase the asset at a price which is expected to be
sufficiently lower than fair value at the date the option becomes exercisable
that, at the inception of the lease, it is reasonably certain that the option
will be exercised [IAS 17.10]. [82] http://www.leaseurope.org/index.php?page=key-facts-figures.
[83] Eurostat [84] Source : LeaseEurope [85] Öko-Institut e.V., Transport
and Mobility Leuven, COWI (2011) European second-hand car market analysis Final
Report [86] HTTP://WWW.BANCADITALIA.IT/MEDIA/COMSTA/2011/TEGM_240311.PDF.
[87] Leaseurope Index for Q1 2011. Data
refer to both car-leasing and car-rental sector. Source available at: http://www.leaseurope.org/uploads/documents/stats/Leaseurope%20Index/Leaseurope%20Index_Q1%202011%20and%202010.pdf.
[88] https://www.eucaris.net/participation.
[89] Council Decision 2008/615/JHA of 23 June 2008 on the
stepping up of cross border cooperation, particularly in combating terrorism
and cross-border crime and Council Decision 2008/616/JHA of 23 June 2008 on the
implementation of Decision 2008/615/JHA. [90] http://ec.europa.eu/idabc/servlets/Doc8c04.pdf?id=32600.
[91] Source : Eucaris Secretariat. [92] http://treaties.un.org/pages/ViewDetailsIII.aspx?&src=TREATY&mtdsg_no=XI~B~19&chapter=11&Temp=mtdsg3&lang=en.