Explanatory Memorandum to COM(2018)137 - Amendment of Regulation (EU) No 168/2013 as regards the application of the Euro 5 step to the type-approval of two- or three- wheel vehicles and quadricycles - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2018)137 - Amendment of Regulation (EU) No 168/2013 as regards the application of the Euro 5 step to the type-approval of two- or ... |
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| source | COM(2018)137  |
| date | 19-03-2018 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The term ‘L-category vehicles’ covers a wide range of light vehicle types with two, three or four wheels, e.g. powered cycles, two- and three-wheel mopeds, two- and three-wheel motorcycles, motorcycles with side-cars and four-wheel vehicles (quadricycles) such as on-road quads, all-terrain vehicles and quadrimobiles.
Type-approval requirements applying to L-category vehicles as of 1 January 2016 are set out in Regulation (EU) No 168/2013 and its four delegated and implementing acts 1 .
The Commission has drafted on the basis of a comprehensive environmental effect study 2 a report to Parliament and Council; in accordance with Regulation (EU) No 168/2013 Article 23 i. The conclusions of the report pointed out recommendations for improvements to Regulation (EU) No 168/2013, as well as Commission Delegated Regulation (EU) No 44/2014, and Commission Delegated Regulation (EU) No 134/2014 supplementing Regulation (EU) No 168/2013. The recommendations are reflected in Article 1 (1) and (2) of this Regulation, proposing amendments to Articles 21 and 23 of Regulation (EU) No 168/2013.
Since the type-approval requirements in Regulation (EU) No 168/2013 have already been applicable on a mandatory basis since 1 January 2016, this act is proposed for adoption at the earliest possible delay and, contrary to most type-approval acts, does not provide for a separate application date.
Regulation (EU) No 168/2013 limited all empowerments of the Commission to adopt delegated acts to a period of five years which will expire on 21 March 2018. As there is a continuous need to constantly update elements of the type-approval acts to technical progress or to introduce other amendments in line with the empowerments, the draft proposal also amends Article 75 (2) of Regulation (EU) No 168/2013 to provide for an empowerment of another five years with the possibility for tacit extension.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis of this act is the same as the one of the act to be amended, Article 114 TFEU.
• Proportionality
Regulation (EU) No 168/2013 containing the EU type approval requirements is based on the concept of total harmonisation. Therefore the amendments to be introduced into the requirements of that Regulation on the basis of the findings of the comprehensive environmental effects study are considered most suitable for achieving the objective outlined in recital (9) of Regulation (EU) No 168/2013 to achieve a high level of environmental protection.
• Choice of the instrument
The use of a Regulation is considered to be appropriate because it amends the existing Regulation.
3. RESULTSOFEX-POSTEVALUATIONS,STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
The Commission sent on the basis of a comprehensive environmental effect study a report to Parliament and Council in accordance with the obligation in Article 23 i and (5) of Regulation (EU) No 168/2013. In line with the conclusions of the Commission report and in order to ensure accurate application of the Regulations, the items identified should be added or clarified by way of amendments.
The overall outcome of the study clearly shows that the limits, dates and requirements set out in the Regulation are cost beneficial and technically feasible for all L-category vehicles.
• Stakeholder consultations
The Commission report makes several recommendations for amendments to Regulation (EU) No 168/2013. The recommendations are derived from stakeholder consultations during the whole duration of the study. Furthermore, progress updates on the study were provided at the Motor Cycle Working Group meetings with all the relevant stakeholders and Member States representatives, during the sessions in May, September and December 2016 and March and June 2017.
The Commission has tabled in March 2017 a first version of the document and received feedback from industry stakeholders, approval authorities, technical services and social partners, who are supportive of the enclosed draft document.