A4-0199/96

Decision on the common position adopted by the Council with a view to adopting a European Parliament and Council Directive on certain components or characteristics of two or three-wheel motor vehicles (C4-0149/96 - 00/0470(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0149/96 - 00/0470(COD),

- having regard to its opinion at first reading ((OJ C 151, 19.6.1995, p. 184 and OJ C 109, 1.5.1995, p. 116.)) on the Commission proposal to the European Parliament and the Council, COM(93)0449 ((OJ C 177, 29.6.1994, p. 1.)),

- having regard to the amended Commission proposal, COM(95)0493 ((OJ C 21, 25.1.1996, p. 23.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0199/96),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 5a (new)

>Text following EP vote>

Whereas the provisions of this Directive, which refers to the manufacturing of vehicles, should not be circumvented by the use of replacement parts permitting non-compliance therewith; whereas in particular the sale of exhaust systems which do not comply with the requirements laid down in this Directive should be strictly restricted so as to forbid the sale for use on public roads of such systems; whereas the Commission should put forward a specific draft Directive intended to effect such control, without prejudice to Directive 92/61/EEC relating to the type-approval of two- or three-wheel motor vehicles;

(Amendment 2)

Recital 11

>Original text>

Whereas the object of the requirements of this Directive should not be to oblige those Member States which do not allow two or three-wheel motor vehicles in their territory to tow a trailer to amend their rules;

>Text following EP vote>

Whereas, as long as vehicles conform to the requirements of this Directive, no Member State may refuse registration or use of them;

(Amendments 3 and 20)

Article 5

>Original text>

1. Before 1 January 1997, the Commission shall submit to the European Parliament and to the Council a proposal, prepared on the basis of research and an assessment of the costs and benefits deriving from the application of reinforced limit values and laying down a subsequent stage during which measures will be adopted aimed at further tightening of the limit values for pollutants and the sound level of the vehicles concerned, as laid down respectively in Chapter 5, Annex II, Tables I and II and Chapter 9, Annex I. In its proposal, the Commission shall take into account and assess the cost/efficiency ratio of the different measures for reducing pollutant and noise emissions and shall present proportional and reasonable measures as regards the intended aims.

>Text following EP vote>

1. No later than 24 months after the final decision by the Council on this Directive, the Commission shall submit to the European Parliament and to the Council a proposal, prepared in the basis of research and an assessment of the costs and benefits deriving from the application of reinforced limit values and laying down a subsequent stage during which measures will be adopted aimed at further tightening of the limit values for pollutants and the sound level of the vehicles concerned, as laid down respectively in Chapter 5, Annex II, Tables I and II and Chapter 9, Annex I. In its proposal, the Commission shall take into account and assess the cost/efficiency ratio of the different measures for reducing pollutant and noise emissions and shall present proportional and reasonable measures as regards the intended aims.

>Original text>

2. The Decision of the European Parliament and of the Council, adopted on the basis of the Commission proposal referred to in paragraph 1, which shall apply from 2001, shall take account of the need to incorporate factors other than mere limit values which have been tightened up. The costs and benefits deriving from the implementation of the measures provided for in the said Decision shall be assessed, and these shall be proportional and reasonable in the light of the intended aims.

>Text following EP vote>

2. The Decision of the European Parliament and of the Council, adopted on the basis of the Commission proposal referred to in paragraph 1, which shall be agreed before 1 January 2001, shall take account of the need to incorporate factors other than mere limit values which have been tightened up. The costs and benefits deriving from the implementation of the measures provided for in the said Decision shall be researched and assessed jointly with industry and users, and shall be proportional and reasonable in the light of the intended aims.

(Amendment 4)

Article 7, 2nd paragraph (new)

>Text following EP vote>

The manufacturing, import and sale of replacement parts which modify a two or three-wheel motor vehicle in such a way that it no longer complies with this Directive shall be prohibited.

(Amendment 5)

Article 7, 3rd paragraph (new)

>Text following EP vote>

Within one year of the adoption of this Directive, and every two years thereafter, Member States and the Commission shall report to the parliaments of the Member States, the European Parliament and the Council on how they are implementing the prohibition referred to in the previous paragraph, and how effective this implementation is.

(Amendment 6)

Chapter 1, Annex III (1.2.3)

>Original text>

1. 2.3. The manufacturer of the vehicle shall indicate the designations of tyres in accordance with the requirements of this Chapter. This or these tyre(s) made by the tyre manufacturer to the tolerances laid down in Annex II, items 3.1.4, 3.1.5 and 3.3 shall move freely in their intended position. The space in which the wheel revolves must be such as to allow unrestricted movement when the maximum permissible size of tyres is used within the suspension, steering and wheel guard constraints provided by the vehicle manufacturer,

>Text following EP vote>

1. 2.3. The manufacturer of the vehicle shall indicate the performance rating and safety specifications of tyres in accordance with the requirements of this Chapter. Any brand of tyre which conforms to the performance rating and safety specification contained in this Directive for the relevant speed categories must be permitted for use as a replacement. This or these tyre(s) made by the tyre manufacturer to the tolerances laid down in Annex II, items 3.1.4, 3.1.5 and 3.3 shall move freely in their intended position. The space in which the wheel revolves must be such as to allow unrestricted movement when the maximum permissible size of tyres is used within the suspension, steering and wheel guard constraints provided by the vehicle manufacturer,

(Amendment 7)

Chapter 1, Annex III (1.2.4)

>Original text>

1. 2.4. Without prejudice to the requirements of item 1.2.3 and at the request of the motorcycle manufacturer, only tyres of certain tyre manufacturer(s) or types with equivalent safety criteria are permitted to be fitted for safety reasons; this condition applies only to tyres of speed categories W and Z for very powerful motorcycles.

>Text following EP vote>

Deleted

(Amendment 8)

Chapter 7, Annex (2.3.1), 1st paragraph

>Original text>

2. 3.1. An unremovable sleeve must be located in the inlet conduit. If such a sleeve is located in the intake pipe, the latter must be fixed to the engine block by means of shear-bolts or bolts removable only using special tools.

>Text following EP vote>

2. 3.1. An unremovable sleeve must be located in the inlet conduit. If such a sleeve is located in the intake pipe, the latter must be fixed to the engine block by means of bolts removable only using special tools.

(Amendment 9)

Chapter 7, Annex (2.3.2), 1st paragraph

>Original text>

2. 3.2. Each intake pipe must be fixed with shear-bolts or bolts removable only using special tools. A restricted section, indicated on the outside, must be located inside the pipes; at that point the wall must be less than 4 mm in thickness, or 5 mm if using a flexible material, such as rubber for example.

>Text following EP vote>

2. 3.2. Each intake pipe must be fixed with bolts removable only using special tools. A restricted section, indicated on the outside, must be located inside the pipes; at that point the wall must be less than 4 mm in thickness, or 5 mm if using a flexible material, such as rubber for example.

(Amendment 10)

Chapter 7, Annex (3.9)

>Original text>

3.9. Should an engine be equipped with a reed valve, this must be fixed with shear-bolts which prevent re-use of its support or bolts removable only using special tools.

>Text following EP vote>

3.9. Should an engine be equipped with a reed valve, this must be fixed with bolts removable only using special tools.

(Amendment 11)

Chapter 7, Annex (4)

>Original text>

4. REQUIREMENTS FOR THE IDENTIFICATION OF A VEHICLE ENGINE TYPE

>Text following EP vote>

3.10. REQUIREMENTS FOR THE IDENTIFICATION OF A VEHICLE ENGINE TYPE

(further numbering adapted accordingly)

(Amendment 12)

Chapter 9, Annex I, table

>TABLE>

(Amendment 13)

Chapter 9, Annex II (2.1.5.4)

>Original text>

2. 1.5.4. If the highest of the four results of the measurements does not exceed the maximum permissible level for the category to which the moped being tested belongs, the limits laid down in 2.1.1 will be deemed as being complied with.

>Text following EP vote>

2. 1.5.4. If the average of the four results of the measurements does not exceed the maximum permissible level for the category to which the moped being tested belongs, the limits laid down in 2.1.1 will be deemed as being complied with.

>Original text>

This highest value will constitute the result of the test.

>Text following EP vote>

This average value will constitute the result of the test.

>Original text>

If one of the four results exceeds the maximum permissible level by not more than 1 dB(A), a second series of four measurements is taken.

>Text following EP vote>

Deleted

>Original text>

In this case the limits laid down in 2.1.1 are deemed as being complied with only if the four new results do not exceed the maximum permissible level.

>Text following EP vote>

Deleted

>Original text>

In all other cases, the limits laid down in 2.1.1 are deemed as not being complied with.

>Text following EP vote>

Deleted

(Amendment 14)

Chapter 9, Annex II (2.2.5.3)

>Original text>

2. 2.5.3. The highest of the three measurements constitutes the test result.

>Text following EP vote>

2. 2.5.3. The average of the three measurements constitutes the test result.

(Amendment 15)

Chapter 9, Annex III (2.1.4.3.1.2.4)

>Original text>

2. 1.4.3.1.2.4. If, during the test carried out in second gear (see 2.1.4.3.1.2.1 and 2.1.4.3.1.2.3), the engine speed on the approach to the line marking the end of the test track exceeds 105% of the speed referred to in section 3.2.1.7 of Appendix 1A, the test must be carried out in third gear and the sound level measured must be the only one recorded as the test result.

>Text following EP vote>

2. 1.4.3.1.2.4. If, during the test carried out in second gear (see 2.1.4.3.1.2.1 and 2.1.4.3.1.2.3), the engine speed on the approach to the line marking the end of the test track exceeds 100% of the speed referred to in section 3.2.1.7 of Appendix 1A, the test must be carried out in third gear and the sound level measured must be the only one recorded as the test result.

(Amendment 16)

Chapter 9, Annex III (2.1.5.2), 1st paragraph a (new)

>Text following EP vote>

If the figure following the decimal point is between 0 and 5, the total is rounded off and if between 6 and 9, it is rounded up.

(Amendment 17)

Chapter 9, Annex III (2.1.5.4)

>Original text>

2. 1.5.4. If the highest of the four results of the measurements does not exceed the maximum permissible level for the category to which the vehicle being tested belongs, the limit laid down in 2.1.1 will be deemed as being complied with. This highest value will constitute the result of the test.

>Text following EP vote>

2. 1.5.4 If the average of the four results of the measurements does not exceed the maximum permissible level for the category to which the vehicle being tested belongs, the limit laid down in 2.1.1 will be deemed as being complied with. This average value will constitute the result of the test.

>Original text>

If the four results of the measurements do not exceed the maximum permissible level for the category to which the motorcycle being tested belongs, the limit laid down in 2.1.1 will be deemed as being complied with.

>Text following EP vote>

If the four results of the measurements do not exceed the maximum permissible level for the category to which the motorcycle being tested belongs, the limit laid down in 2.1.1 will be deemed as being complied with.

>Original text>

If one of the four results exceeds the maximum permissible level by not more than 1 dB(A), a second series of four measurements will be taken.

>Text following EP vote>

Deleted

>Original text>

In this case the limit laid down in 2.1.1 will only be deemed as being complied with if the four new results are less than or equal to the maximum permissible level.

>Text following EP vote>

Deleted

>Original text>

In all other cases, the limit laid down in 2.1.1 will be deemed as not being complied with.

>Text following EP vote>

Deleted

(Amendment 18)

Chapter 9, Annex IV (2.2.5.2), 1st paragraph a (new)

>Text following EP vote>

In the figure following the decimal point is between 0 and 5, the total is rounded off and if between 6 and 9, it is rounded up.

(Amendment 19)

Chapter 9, Annex IV (2.2.5.4)

>Original text>

2. 2.5.4. If the highest of the four results of the measurements does not exceed the maximum permissible level for the category to which the vehicle being tested belongs, the limits laid down in 2.2.1. will be deemed as being complied with. This highest value will constitute the result of the test.

>Text following EP vote>

2. 2.5.4. If the average of the four results of the measurements does not exceed the maximum permissible level for the category to which the vehicle being tested belongs, the limits laid down in 2.2.1. will be deemed as being complied with. This average value will constitute the result of the test.

>Original text>

If the four results of the measurements do not exceed the maximum permissible level for the category to which the motorcycle being tested belongs, the limit laid down in 2.2.1. will be deemed as being complied with.

>Text following EP vote>

If the four results of the measurements do not exceed the maximum permissible level for the category to which the motorcycle being tested belongs, the limit laid down in 2.2.1. will be deemed as being complied with.

>Original text>

If one of the four results exceeds the maximum permissible level by not more than 1 db(A), a second series of four measurements will be taken.

>Text following EP vote>

Deleted

>Original text>

In this case the limit laid down in 2.2.1. will only be deemed as being complied with if the four new results are less than or equal to the maximum permissible level.

>Text following EP vote>

Deleted

>Original text>

In all other cases, the limits laid down in 2.2.1. are deemed as not being complied with.

>Text following EP vote>

Deleted