Category Archives: Interactions between the automobile industry and specific policies

A number of policy fields are closely linked to the car industry and affect activity within the sector. The aim of the European car industry to build safer and more environmentally-friendly vehicles clearly ties in with transport and environmental policy, and also actively stimulates research and development.

Internal Market

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Internal Market

Internal Market Contents

  • Internal market: general framework
  • Living and working in the internal market: Free movement of people, asylum and immigration, free movement of workers
  • Single Market for Goods: Free movement of goods, technical harmonisation, product labelling and packaging, consumer safety, pharmaceutical and cosmetic products, chemical products, motor vehicles, construction, external dimension
  • Single market for services: Free movement of services, professional occupations, services of general interest, transport, Information Society, postal services, financial services, banks, insurance, securities markets
  • Single market for capital: Free movement of capital, economic and monetary union, economic and private stakeholders, fiscal aspects, combating fraud, external relations
  • Businesses in the internal market: Company law, public procurement, intellectual property

See also

Living and working in the internal market.
Overviews of European Union: Internal market.
Further information: the Internal Market and Services Directorate-General of the European Commission.

Fiscal marking of gas oils and kerosene

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Fiscal marking of gas oils and kerosene

Outline of the Community (European Union) legislation about Fiscal marking of gas oils and kerosene

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Motor vehicles > Interactions between the automobile industry and specific policies

Fiscal marking of gas oils and kerosene

Document or Iniciative

Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene. [Official Journal L 291 of 06.12.1995]

Summary

Member States are to apply a fiscal marker to gas oils and kerosene which are exempt from excise duty or are subject to excise duty at a rate other than the standard rate applicable to mineral oils used as a fuel.

Fiscal marking is to consist in adding a well-defined combination of chemical additives to the above-mentioned products. The marker is to be added under fiscal supervision before the products are released for consumption, save in exceptional cases.

Member States may add a national marker or colour in addition to the marker provided for by the Directive.

The marker to be used is to be established in accordance with a procedure laid down in Council Directive 92/12/EEC on the general arrangements, holding, movement and monitoring of products subject to excise duty.

Exceptions, in certain circumstances, from the application of the fiscal marker on grounds of public health or safety or for technical reasons.

Exceptions in the case of Denmark and Ireland.

Member States are to determine the penalties to be imposed in the event of failure to comply with the provisions of the Directive.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 95/60/EC 26.12.1995 01.01.1996 OJ L 291 of 06.12.1995

Related Acts

Commission Decision 2006/428/EC of 22 June 2006 establishing a common fiscal marker for gas oils and kerosene [Official Journal L 172 of 24.06.2006].

 

Tax-free allowances: permanent or temporary importation of private motor vehicles

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Tax-free allowances: permanent or temporary importation of private motor vehicles

Outline of the Community (European Union) legislation about Tax-free allowances: permanent or temporary importation of private motor vehicles

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Motor vehicles > Interactions between the automobile industry and specific policies

Tax-free allowances: permanent or temporary importation of private motor vehicles

To remove the tax obstacles to the permanent or temporary importation of private motor vehicles into another Member State.

 2) Proposal

Proposal for a Council Directive of 10 February 1998 governing the tax treatment of private motor vehicles moved permanently to another Member State in connection with a transfer of residence or used temporarily in a Member State other than that in which they are registered [COM(98) 30 final – Official Journal C 108 of 07.04.1998].

 3) Summary

This proposal is intended to replace Council Directives 83/182/EEC and 83/183/EEC, which deal respectively with the temporary importation of certain means of transport and with the permanent importation from another Member State of the personal property of individuals.

Since the inception of the single market, the taxation of personal property following a transfer of residence has been confined to motor vehicles. The rules applicable to other types of goods, such as those laid down in those two directives, have become obsolete. What is more, the rules set out in those directives in respect of motor vehicles do not cover all aspects of the tax regimes currently in force in the Member States. In order to permit genuine free movement of persons and, more particularly, of their property, it is important to remove the tax obstacles that can still impede the movement of motor vehicles (especially double taxation or unnecessary administrative requirements).

The new Directive is intended to prohibit the imposition of excise duty, registration taxes or other consumption taxes (cf. Annex I to the Directive) on private motor vehicles registered in other Member States and brought permanently into the Member State to which the private individual has transferred his normal residence. Taxes on the use of the vehicle, such as periodic road taxes (cf. Annex II to the Directive), are, however, permissible.

None of these taxes may be imposed by a Member State on private motor vehicles registered in other Member States and used temporarily on its territory (cf. point 8 below).

The provisions governing the permanent transfer of residence or the temporary use of vehicles are also applicable to the normal spare parts, accessories and equipment of any motor vehicle.

The general rules for determining “normal residence” are as follows:

  • “normal residence” means the place where a person lives for at least 185 days in each calendar year because of personal and occupational ties;
  • in the case of a person who lives in turn in two or more Member States, his place of “normal residence” is regarded as the place of his personal ties provided that he returns there regularly;
  • where a person is living in a Member State in order to carry out a task of a set duration, his place of residence is still regarded as being the place of his personal ties, irrespective of whether he returns there during the course of this activity;
  • attendance at a university or school in another Member State does not constitute a transfer of normal residence.

Individuals can give evidence of their place of residence by presenting their identity card or any other valid document. Where the competent authorities of the Member State of destination have doubts regarding such evidence, or for the purpose of certain specific controls, they may request whatever additional information or evidence they require, either from the individual or from the competent authorities of the other Member State.

N.B.: The rules for determining the normal residence were laid down in the two 1983 Directives that are due to be replaced by this new proposal. The concept of “normal residence” has been the subject of several court actions, and even the Court of Justice of the European Communities has been called upon to hand down a judgment interpreting and supplementing the provisions determining normal residence. A person’s place of normal residence can therefore be defined as the permanent centre of his interests and must be determined by applying all of the criteria laid down in the Directive (and not just of one or several of them) and any other relevant factors.

Drawing on the case-law of the Court of Justice, the proposal for a Directive introduces a provision specifying that a change in a person’s marital status does not, in itself, imply a change of residence.

Similarly, the proposal contains an important amendment to the current rules in order to enable a decision to be reached more easily where the place of normal residence is in dispute (cf. point 15 below).

In the case of a person’s place of residence being transferred to another Member State, that person will not be liable for extra taxation provided that certain conditions are met:

  • the motor vehicle has been acquired under the general conditions of taxation in force in the domestic market of one of the Member States and is not subject, as a result of its being brought to another Member State, to any exemption from or refund of any of the taxes referred to above (point 3) in the Member State from which it is brought. These two conditions are deemed to be fulfilled if the vehicle bears a standard registration plate of the Member State of registration or if the vehicle was purchased under certain special agreements governing public officials (e.g. diplomats) working abroad;
  • the person transferring residence has had the use of the vehicle for a period of at least six months prior to his arrival in the new Member State;
  • the motor vehicle is brought into the Member State to which the person transfers his residence not later than 12 months after such transfer.

Where a vehicle is used temporarily in another Member State, no extra tax is payable provided that:

  • the vehicle is not used in the other Member State for a continuous period exceeding six months within any twelve-month period (or a continuous period of nine months in the case of a person who is working in another Member State and uses there a vehicle registered in the Member State of his normal residence);
  • the person using the vehicle has his normal residence in a Member State other than the Member State of temporary use;
  • the vehicle is used on an exclusively private basis.

However, during the period of temporary use in another Member State, the vehicle may not be hired out or lent to a resident of that Member State. Exceptions to this rule are listed in point 9 below.

The following are also cases of private use of the vehicle where taxation is not permitted:

  • where a private vehicle belonging to a car rental firm is in the Member State of temporary use as a result of a rental contract which expired in that Member State;
  • where a vehicle is driven temporarily in another Member State by a member of the family of the person benefiting from the provisions governing temporary use (provided that the person who brought the vehicle onto the territory of that Member State is present);
  • where a vehicle is driven temporarily in another Member State by any person (provided that the person who brought the vehicle onto the territory of that Member State is also on board the vehicle);
  • where a vehicle registered in one Member State is used in another Member State by a resident of the latter Member State on a temporary basis (for not more than two months) provided that his vehicle has been immobilised as a result of a breakdown or accident;
  • where an employee is using on a temporary basis in the Member State where he is resident a vehicle belonging to or hired by his company, which itself is located in another Member State;
  • where a vehicle registered in his normal country of residence is used regularly by a person for the journey between his place of residence and his place of work in another Member State;
  • where a vehicle registered in the Member State of his normal residence is used by a student in the Member State in which he is pursuing his studies.

The following cases of temporary business use are also exempted from taxation:

  • where the person using the vehicle has his normal residence in a Member State other than the Member State of temporary use (except in cases where that person is an employee of an undertaking which is established in another Member State and allows him the use of a vehicle registered in the Member State in question);
  • where the vehicle is not used in the Member State of temporary use to carry passengers for hire or material reward of any kind, or for the industrial and/or commercial transport of goods, whether for reward or not;
  • where the vehicle is not hired out or lent in the Member State of temporary use;
  • where the vehicle is registered in the Member State of normal residence of the user;
  • where the vehicle has been acquired under the general conditions of taxation obtaining in the Member State of normal residence of the user;
  • where any periodic vehicle taxes ordinarily payable in the Member State of registration have been paid.

Where a private vehicle registered in another Member State is used temporarily in a certain Member State and becomes badly damaged there, and where the vehicle is disposed of with a view to being scrapped or destroyed, no demand for any of the taxes referred to in Annexes I and II to the Directive may be made by the Member State of temporary use.

Where a person wishes to use a vehicle in another Member State for a period in excess of that specified above (for example, on an ongoing basis in connection with a secondary residence), the Member State in question registers the vehicle and is entitled to impose the normal taxes that are liable upon registration.

Where the conditions for temporary use are not met, the individual concerned can:

  • remove the vehicle from the Member State of temporary use or
  • register it there and pay the normal taxes that are liable upon registration.

In applying sanctions, the Member State must ensure that they are commensurate with the gravity of the infringement and do not constitute an obstacle to the free movement of goods and persons.

In cases where a used motor vehicle is brought permanently from one Member State to another in circumstances other than those governed by the Directive, the latter Member State is entitled to impose a registration tax or similar tax (cf. Annex I to the Directive) on that vehicle provided that it ensures that the amount of tax levied is broadly in line with that levied on vehicles of a similar kind within that Member State.

In the case of disputes, especially regarding the determination of the place of residence for the purpose of taxing the vehicle, the authorities of the two Member States in question should consult each other in order to come to a decision. If they do not reach an agreement within six months of the date of the claim by the individual concerned, they must refer the matter to the Commission.

Member States may retain or introduce provisions which are more favourable to users than those laid down in the Directive. They may not, in any event, apply tax treatment which is less favourable than that applied in connection with imports or the use on their territory of vehicles brought directly from third countries.

In a similar vein, the Commission adopted on 6 September 2002 a communication entitled “Taxation of passengers cars in the European Union – options for action at national and Community levels” [COM(2002) 431 final] in which it proposes a number of policy measures and actions which should be considered in the area of passenger car taxation in order to provide solutions for the problems faced by citizens and the car industry and thus improve the functioning of the Internal Market. It explores possibilities to modernise and simplify the existing vehicle taxation systems and in particular to include new parameters in the tax bases of passenger car related taxes in order to make them partially, or totally, CO2 based. It also explores possibilities to better co-ordinate and, at a later stage, to approximate passenger car taxation systems and to remove tax obstacles and distortions to free circulation of passenger cars within the Internal Market. As registration tax seems to be at the root of most of the problems faced in this area, the Commission suggests, as a valid option for future action, its gradual reduction and stabilisation at very low levels and preferably its total abolition, over a transitional period of around five to ten years. It adds that this action should be accompanied by other actions such as gradually switching over from revenue from registration tax to that from annual circulation tax and fuel taxes.

4) Procedure

Consultation procedure (CNS/1998/0025)

On 27 May 1998 the European Economic and Social Committee gave its opinion [Official Journal C 235 of 27.07.1998].

On 18 June 1998 the European Parliament approved the Commission proposal subject to three amendments [Official Journal C 210 of 06.07.1998].

On 15 April 1999 the Commission adopted an amended proposal [COM(1999) 165 final – Official Journal C 145 of 26.05.1999].

The proposal is currently being examined by the Council with a view to adoption.

 

Responding to the crisis in the European automotive industry

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Responding to the crisis in the European automotive industry

Outline of the Community (European Union) legislation about Responding to the crisis in the European automotive industry

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Motor vehicles > Interactions between the automobile industry and specific policies

Responding to the crisis in the European automotive industry

Document or Iniciative

Communication from the Commission of 25 February 2009 – Responding to the crisis in the European automotive industry [COM(2009) 104 final – Not published in the Official Journal].

Summary

This Communication has the aim of getting the European automotive sector, which has suffered badly since the crisis of October 2008, moving again.

The position of the automotive sector in Europe

The European Union is the world’s largest producer of motor vehicles, producing over 18 million vehicles a year – a third of the world’s passenger cars. More than two million people work directly for this sector and twelve million indirectly.

The automotive sector therefore plays a strategic role in the Union. It makes a major contribution to GDP with an annual turnover of 780 billion EUR and a value added of more than 140 billion EUR.

However, since the beginning of the crisis during the last quarter of 2008, industrial production has dropped by 8.4%. The automotive sector is encountering many difficulties for the following reasons:

  • demand for passenger and commercial vehicles has dropped significantly, in particular due to the reduction in credit availability and declining purchasing power;
  • some companies in the automotive industry are having financial difficulties, in particular due to the reduction in credit;
  • long-term structural problems of overcapacity (currently 20% in Europe) are a handicap for automotive producers.

In addition, the forecast is for a reduction in demand for vehicles of between 12% and 18% in 2009, which will probably lead to a fall in production and threaten the jobs of 15 to 20% of the workers in the sector.

Planned strategy

The automotive sector must react quickly to the crisis by concentrating on three main challenges:

  • technology;
  • environment;
  • safety.

Europe must invest in research and development in “green vehicles” so as to implement a low-carbon economy. European regulations will enter into force in 2012 to this effect.

Industry and the public sector have an essential role to play in an approach which has four main aims:

  • to support demand in order to assist with remedying the effects of the credit squeeze;
  • to facilitate the adjustment by cushioning the costs associated with restructuring;
  • to encourage the modernisation of industry;
  • to adapt industry to the challenges of climate change.

The CARS 21 process is a strategic framework and may be modified according to future road transport and sustainable mobility requirements.

It appears to be essential to reinstate easy access to credit, by re-establishing financing at reasonable conditions and by restoring liquidity, so that consumers may once again purchase new vehicles.

Aid must be given to the financial sector and to small and medium-sized enterprises (SMEs). A temporary State aid framework was adopted in December 2008 (pdf ). This provides for subsidised loans for the manufacture of “green products” such as “green cars”.

The Commission and the European Investment Bank have planned to support industry that decides to invest in future technologies, in particular green technologies, through the 7th Research Framework Programme and the research partnership planned therein. This is a partnership between the public and the private sector covering:

  • the design of “green” vehicles (passenger cars, buses, trucks, urban vehicles, etc.);
  • infrastructure (for electric cars and hydrogen vehicles);
  • logistics.

The Commission has also studied the possibility of adopting a scrapping scheme.

The question of employment must also remain at the heart of the strategy for the automotive sector. The Commission proposes to implement the following measures via the European Social Fund (ESF):

  • support for short-time workers;
  • supporting company restructuring in this sector;
  • financing retraining;
  • anticipating change requirements;
  • matching skills.

Fair competition must become the basic principle in force on the market and a return to protectionism must be avoided.

The reusing, recycling and recovering of motor vehicles

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The reusing, recycling and recovering of motor vehicles

Outline of the Community (European Union) legislation about The reusing, recycling and recovering of motor vehicles

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Motor vehicles > Interactions between the automobile industry and specific policies

The reusing, recycling and recovering of motor vehicles

Document or Iniciative

Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles with regard to their re-usability, recyclability and recoverability and amending Council Directive 70/156/EEC.

Summary

The Directive helps facilitate the recycling and recovery of component parts of end-of-life vehicles by obliging manufacturers to incorporate recycling from the vehicle design stage onwards. Manufacturers must design vehicles from the viewpoint of dismantling and recycling them, for example by using a large proportion of materials which are potentially able to be recycled and recovered.

The Directive follows on from Directive 2000/53/EC, the objective of which is to eliminate waste from end-of-life motor vehicles by promoting the re-use, recycling and recovery of their components. Every year end-of life vehicles in the European Union generate between 8 and 9 million tonnes of waste, which must be managed actively.

Category of vehicles

The provisions of this new Directive apply to cars, station wagons and people carriers (category M1 vehicles) and to light-duty trucks (category N1 vehicles), new models and models already in production in accordance with a timetable set out in the Directive.

The new Directive does not apply, however, to special purpose vehicles (armoured vehicles, ambulances, etc.), to multi-stage built light-duty vehicles (provided that the base vehicle complies with this Directive), or to vehicles produced in small series (fewer than 500 vehicles a year in each Member State).

Minimum thresholds for recycling and recovery

In accordance with Directive 2005/64/EC, vehicles may be put on the market only if they are re-usable and/or recyclable to a minimum of 85% by mass or are re-usable and/or recoverable to a minimum of 95% by mass. The minimum thresholds for the recycling and recovery of components (new and used) and materials for new vehicles were set in Article 7(4) of Directive 2000/53/EC. Checks on components and materials are based on standard ISO 22628: 2002 developed by the International Standards Organisation.

Re-use of components

The Directive bans the re-use of some component parts, which it lists, in the construction of new vehicles. The re-use of these components in another vehicle after they have been dismantled from end-of-life vehicles presents serious risks to road safety and environmental protection. The aim is therefore to ensure that re-used component parts continue to offer the same level of performance as is required to obtain type-approval.

Certificate of compliance

The manufacturer must put in place satisfactory arrangements and procedures in order to obtain the certificate of compliance detailed in Annex IV to Directive 2005/64/CE. In particular, it must ensure that materials and parts do not contain any lead, mercury, cadmium or hexavalent chromium (with the exception of the cases listed in Annex II to Directive 2000/53/EC). Furthermore, it must manage the re-use, the recycling and the recovery of materials and parts in accordance with this Directive.

Member States appoint a competent organisation responsible for carrying out the preliminary assessment of the manufacturer and granting the certificate of compliance. The certificate shall be valid for two years from the date of deliverance of the certificate before new checks shall be conducted. The manufacturer shall inform the competent body of any significant change that could affect the relevance of the certificate of compliance.

Timetable

The provisions of this Directive will apply from 15 December 2008 to new types of vehicles put on the market, and from 15 July 2010 for models already in production.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2005/64/EC

15.12.2005

15.12.2006

OJ L 310 of 25.11.2005

The successive amendments and corrections to Directive 2005/64/EC have been incorporated in the original text. This consolidated version is of documentary value only.

Related Acts

Directive 67/548/EEC of the Council of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances [Official Journal L 196 of 16.8.1967].

End-of-life vehicles

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End-of-life vehicles

Outline of the Community (European Union) legislation about End-of-life vehicles

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Motor vehicles > Interactions between the automobile industry and specific policies

End-of-life vehicles

Document or Iniciative

Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles [See amending acts].

Summary

This Directive applies to vehicles and end-of-life vehicles, including their components and materials. It specifically covers:

  • motor vehicles with at least four wheels for transporting passengers and with a maximum of nine seats (category M1);
  • motor vehicles with at least four wheels for transporting goods which weigh no more than 3.5 tonnes (category N1); and
  • three wheel motor vehicles.

Limit waste production

This Directive aims to decrease the quantity of waste arising from vehicles. It, therefore, encourages vehicle manufacturers and importers of vehicles into the European Union to:

  • limit the use of hazardous substances in their new vehicles;
  • design and produce vehicles which facilitate re-use and recycling;
  • develop the integration of recycled materials.

Since 1 July 2003, the use of mercury, hexavalent chromium, cadmium and lead in the components of vehicles placed on the market has been prohibited. However, these substances may be used for certain applications if the use of these substances is unavoidable (see Annex II to the Directive 2000/53/EEC).

Organise waste collection

Member States shall establish collection systems for waste arising from vehicles. Furthermore, they shall ensure end-of-life vehicles are transferred to authorised treatment facilities.

The owner or holder of the end-of-life vehicle shall receive a certificate of destruction when the vehicle is transferred to an authorised treatment facility. This certificate is issued by the facility. It enables the owner or holder to deregister the vehicle with the public authorities. The costs or part of the costs incurred in transferring a vehicle to a treatment facility shall be met by the vehicle manufacturers.

Organise waste treatment

Member States shall organise the storage and treatment of end-of-life vehicles in accordance with the requirements of the Framework Directive on Waste and those of Annex I to the Directive. Authorised treatment facilities shall strip end-of-life vehicles before treatment and recover all environmentally hazardous components.

Prioritise the re-use and recovery of waste

Priority must be given to the re-use and recovery (recycling, regeneration, etc.) of vehicle components. The aim of this Directive is to increase the rate of re-use and recovery.

The rate of re-use and recovery (in average weight per vehicle and year) should reach:

  • 85 % no later than 1 January 2006;
  • 95 % no later than 1 January 2015.

The rate of re-use and recycling (in average weight per vehicle per year) should reach:

  • 80 % no later than 1 January 2006;
  • 85 % no later than 1 January 2015.

For vehicles produced before 1980, the targets are lower.

Facilitate dismantling through information on components and materials

Member States must ensure that producers use material and component coding standards. These standards allow identification of the various materials and components. They, therefore, facilitate dismantling.

The Commission is responsible for establishing European standards. In so doing, the Commission shall take account of the work going on in relevant international forums.

Vehicle manufacturers are required to produce information on dismantling for each type of new vehicle placed on the market. This information must be produced within six months of the vehicle being placed on the market.

Evaluate progress made through implementation reports

Economic operators (producers, distributors, dismantlers, etc.) must publish information on:

  • the design of the vehicles and their components (capacity for recovery and recycling);
  • the treatment of end-of-life vehicles;
  • the development and improvement of methods for re-using, recycling and recovering end-of-life vehicles and their components;
  • the progress made in the field of recovery and recycling.

Member States shall submit a report to the Commission every three years based on this information. Each report shall be in the form of a questionnaire drawn up by the Commission. These questionnaires shall enable the Commission to observe any possible changes in the structure of motor vehicle dealing and of the collection, dismantling, shredding, recovery and recycling industries. Within the nine months following receipt of the reports from Member States, the Commission shall publish a report on the implementation of this Directive.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2000/53/EC

21.10.2000

21.4.2002

OJ L 269 of 21.10.2000
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Decision 2002/525/EC

1.1.2003

–

OJ L 170 of 29.6.2002

Decision 2005/438/EC

10.6.2005

–

OJ L 152 of 15.6.2005

Decision 2005/673/EC

1.7.2005

–

OJ L 254 of 30.9.2005

Directive 2008/33/EC

21.3.2008

–

OJ L 81 of 20.3.2008

Directive 2008/112/EC

12.1.2009

–

OJ L 345 of 23.12.2008

The successive amendments corrections to Directive 2000/53/EC have been incorporated in the original text. This consolidated version is of documentary value only.

Related Acts

Report from the Commission of 20 November 2009 on the implementation of Directive 2000/53/EC on end-of-life vehicles for the period 2005-2008 [COM(2009) 635 final – Not published in the Official Journal].
It has come out of the twenty-five reports received by the Commission that certain provisions of the Directive have not been completely transposed or they have been done so incorrectly. A large number of Member States did not achieve their targets for re-use/recycling/recovery in 2006. For example, only nineteen Member States met the target of re-using/recycling 80 % and thirteen met the target of re-use/recovery set at 85 %.

Report from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the implementation of directive 2000/53/EC on end-of-life vehicles for the period 2002-2005 [COM(2007) 618 final – Not published in the Official Journal].
The Directive on end-of-life vehicles has largely been well transposed in the majority of Member States, particularly with regard to the ban on using certain harmful substances in vehicles and vehicle components and the requirement to take-back end-of-life vehicles free of charge. A large number of Member States have set lower re-use, recovery and recycling targets for vehicles produced before 1980. However, despite significant progress in terms of transposing the Directive, implementation of the legislation cannot be considered fully satisfactory. The Commission concludes that Member States must increase measures to enforce the legislation in this area.


Directive 2005/64/EC

of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC (Official Journal L 310, 25.11.2005).
This Directive lays down minimum thresholds for the re-use, recycling and recovery of the component parts and materials of new vehicles with the aim of facilitating the re-use, recycling and recovery of parts with a view to fulfilling the planned 2015 objectives for recycling and recovering end-of-life vehicles. It provides for a preliminary assessment of manufacturers before Member States grant EC type-approval or national type-approval. From 15 December 2008, vehicles which do not comply with the requirements of this Directive may not be granted EC type-approval or national type-approval. From 15 July 2010, moreover, the marketing of new vehicles which do not comply with the requirements of this Directive will be prohibited.

Decision 2005/293/EC [Official Journal L 94 of 13.4.2005].
Commission Decision of 1 April 2005 laying down detailed rules on the monitoring of the re-use/recovery and re-use/recycling targets set out in Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles.

Decision 2003/138/EC [Official Journal L 53 of 28.2.2003].
Commission Decision of 27 February 2003 establishing component and material coding standards for vehicles pursuant to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles.

Decision 2002/151/EC [Official Journal L 50 of 21.2.2002].
Commission Decision of 19 February 2002 on minimum requirements for the certificate of destruction issued in accordance with Article 5(3) of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles.

Motor vehicles and trailers: vehicle registration documents

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Motor vehicles and trailers: vehicle registration documents

Outline of the Community (European Union) legislation about Motor vehicles and trailers: vehicle registration documents

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Motor vehicles > Interactions between the automobile industry and specific policies

Motor vehicles and trailers: vehicle registration documents

The Directive harmonises the form and content of the registration certificate.

2) Document or Iniciative

Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles [Official Journal L 138 of 1.6.1999].

Amended by Commission Directive 2003/127/EC of 23 December 2003 [Official Journal L 10 of 16.1.2004].

3) Summary

The Directive applies to the documents issued by the Member States at the time of registration of motor vehicles. It has three aims:

  • to make it easier to use vehicles registered in one Member State on the roads of the other Member States by making it simpler for the relevant national authorities to check registration certificates;
  • to enable the implementation of Directive 91/439/EEC on driving licences to be verified by means of roadside checks;
  • to improve the functioning of the internal market by making it easier to understand documents, and check rightful ownership, where a vehicle has been registered in another Member State.

The registration certificate issued by the Member States must conform to a model described in the Annex to the proposal for a Directive, so as to make it easier, where a vehicle is registered in another Member State, to check rightful ownership, particularly where the applicant is not the holder of the registration certificate. The first part of the registration certificate is for driving on the road, while the second is reserved for any new registration.

Member States may issue a registration certificate consisting solely of Part I of the model where vehicles are used on their territory, if, in the event of a roadside check, they have at their disposal a system of access to the register of vehicles.

A registration certificate issued by a Member State must be recognised by the other Member States.

Where a motor vehicle or a trailer previously registered in one Member State is reregistered in another Member State, the competent authorities in that Member State must return the registration certificate to the authorities in the Member State in which it was issued, if so requested.

A committee of representatives of the Member States, with a representative of the Commission in the chair, assists the Commission by delivering opinions.

Act Date of entry into force Deadline for transposition in the Member States
Directive 1999/37/EC 01.06.1999 01.06.2004
Directive 2003/127/EC 05.02.2004 15.01.2005

4) Implementing Measures

5) Follow-Up

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 [Official Journal L191 of 22.07.2005].

Regulation No 1160/2005 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.

 

Emissions from diesel and gas engines

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Emissions from diesel and gas engines

Outline of the Community (European Union) legislation about Emissions from diesel and gas engines

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Motor vehicles > Interactions between the automobile industry and specific policies

Emissions from diesel and gas engines (up until 2013)

Document or Iniciative

Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles [See amending acts].

Summary

Directive 2005/55/EC lays down limit values for emissions of gaseous and particulate pollutants and for the opacity of exhaust fumes, compliance with which is a condition for the approval of diesel
*

and gas *
 engines and vehicles equipped with these engines. It thus helps to achieve the Community objective of improving air quality, in the interests of protecting the environment and public health.

Emissions of gaseous pollutants and particulate pollutants, opacity of fumes

Initially, the limit values in row B1 of the tables in Annex I, point 6.2.1 of the Directive were applicable to all new types of vehicles and engines from 1 October 2005 and to all new vehicles and engines from 1 October 2006.

In a second phase, the stricter limit values in row B2 of the same tables will be compulsory for all new types of vehicle and engine from 1 October 2008 and then for all new vehicles and engines from 1 October 2009.

Durability of emission control systems

Car manufacturers must also guarantee that diesel and gas engines, having met the standards laid down in Directive 2005/55/EC upon approval, comply with these standards throughout the normal life of the vehicle under normal conditions of use.

Onboard diagnostic systems

Diesel and gas engines, and vehicles fitted with them, must also have an onboard diagnostic system (OBD) which signals immediately any malfunction of the system for checking emissions from the engine once the limit values are exceeded.

Fiscal incentives

Member States are allowed to offer incentives to accelerate the sale of vehicles which meet the conditions of this Directive, as long as these incentives do not distort the internal market.

Scope

The Directive applies to polluting emissions from private cars (category M, not including category M1 vehicles weighing less than 3.5 tonnes) and commercial vehicles (category N) fitted with diesel or gas engines.

Background

To create more clarity, at the introduction of the new limit values for polluting emissions, Directive 2005/55/EC repeals and replaces Directive 88/77/EEC. It fits within the framework of the EC approval procedure.

Key terms used in the act
  • Diesel engine: engine which uses the compression ignition principle.
  • Gas engine: engine which runs on natural gas (NG) or liquefied petroleum gas (LPG).

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2005/55/EC 9.11.2005 08.11.2006 OJ L 275, 20.10.2005
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2005/78/EC 19.12.2005 08.11.2006 OJ L 313, 29.11.2005
Directive 2006/51/EC 10.6.2006 08.11.2006 OJ L 152, 7.6.2006

Procedures for the registration of motor vehicles originating in another Member State

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Procedures for the registration of motor vehicles originating in another Member State

Outline of the Community (European Union) legislation about Procedures for the registration of motor vehicles originating in another Member State

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Motor vehicles > Interactions between the automobile industry and specific policies

Procedures for the registration of motor vehicles originating in another Member State

Document or Iniciative

Communication from the Commission – Interpretative communication of 14 February 2007 on procedures for the registration of motor vehicles originating in another Member State [SEC(2007) 169 final – Official Journal C 68 of 24.3.2007]

Summary

Even though buying or transferring vehicles to another Member State has become increasingly simple, many citizens and enterprises still shy away from paperwork, extra costs and burdensome procedures. For all that, it has become easier to buy a vehicle in another Member State thanks to the introduction of the following:

  • EC type-approval system for whole vehicles;
  • regulation of distribution and after-sales service of vehicles;
  • harmonised registration certificate for vehicles.

This Communication is part of the new impetus for trade in goods in the European Union (EU). It lists the legislation on the registration of vehicles originating in another Member State and on transfer of registration between Member States. It also contains a commitment to draw up an explanatory guide and to assist the national authorities in optimum application of Community law.

REGISTERING A MOTOR VEHICLE IN THE MEMBER STATE OF RESIDENCE

Registration is the natural corollary of the exercise of the powers of taxation on vehicles. Private individuals must register their vehicles in the Member State of their normal residence, i.e. where the permanent centre of their interests is located.

  • Approval of the technical characteristics of the vehicle

Approval of the technical characteristics of the vehicle takes the form of either EC type-approval or national approval.

Valid in all Member States, EC type-approval is the procedure by which a Member State certifies that a type of vehicle complies with the European safety and environmental protection standards. Cars approved since 1996, motorcycles approved since May 2003 and tractors approved since 2005 are subject to this procedure.

Once in possession of EC approval, the manufacturer issues an EC certificate of conformity. This certificate shows that the vehicle has been manufactured in conformity with the approved vehicle type. It must accompany each new EC type-approved vehicle.

Vehicles that are not EC-approved may be subject to national approval in the receiving Member State before they can be registered. This national approval may be either individual (in particular for vehicles imported individually from third countries) or type (for a category of vehicle).

National type and individual approval procedures fall outside the scope of Community law. On the other hand, national approval procedures for motor vehicles which have already obtained a national approval in another Member State and for motor vehicles that were already registered in another Member State, must comply with the rules of the free movement of goods.

It is appropriate for the competent national authorities to:

  • take into account the tests and certificates issued by their counterparts and by the manufacturer;
  • refuse to approve a vehicle which poses a genuine risk to public health;
  • carry out tests if they enable further information to be obtained;
  • determine on which points the vehicle is not in conformity with the requirements;
  • apply proportionate national technical criteria.

The technical characteristics of a vehicle previously approved and registered in another Member State are assessed in the light of the technical rules in force in the receiving Member State, on the basis of the rules which were in force at the moment of approval in the Member State of origin.

  • Roadworthiness testing of used vehicles

The objective of roadworthiness testing is to verify that the vehicle is suitable for use on public roads. This type of testing may be carried out if it is based on objective, non-discriminatory criteria which are known in advance, if it does not duplicate controls which have already been carried out and if it is readily accessible and can be completed within a reasonable time.

  • Vehicle registration

By registering the motor vehicle, the Member State authorises its entry into service in road traffic, involving the identification of the motor vehicle and the issuing of a registration number.

On first registration, the receiving Member State may require data from the person concerned and the EC certificate of conformity of a new EC-approved vehicle if it originates from another Member State. On the other hand, for non-EC-approved vehicles, it may request presentation of the national type-approval or individual approval and proof of insurance cover. Member States are also entitled to check, at the moment of registration, whether VAT has been correctly paid.

For vehicles previously registered in another Member State, the receiving country may only request: the roadworthiness certificate, the EC or national certificate of conformity, the original or a copy of the non-harmonised registration certificate issued in another Member State, the harmonised registration certificate, the insurance certificate and proof of payment of the VAT.

TRANSFERRING A VEHICLE TO ANOTHER MEMBER STATE

As a general rule, a motor vehicle cannot be driven on public roads without displaying a registration number. In addition, civil liability must be covered by insurance and it is advisable for motorists to have the “green card” with them.

The vehicle licence plate is equivalent to an insurance certificate. This allows vehicles with a European licence plate to circulate freely in the EU without any checks of the compulsory motor liability insurance certificate at the borders.

To drive a motor vehicle lawfully to the Member State of destination, either the motor vehicle carries a professional registration plate or a temporary registration plate.

  • Driving the motor vehicle with professional number plates

Professional number plates allow retailers to drive vehicles temporarily without being obliged to formally register them. Member States usually provide a document establishing the link between the registration plates and their holder and/or require the holder to keep a logbook.

  • The motor vehicle carries a temporary registration plate

The system of temporary registration enables the motor vehicle to be driven for a short period before it obtains final registration. A Member State may impede its circulation for reasons relating to road safety, theft or invalidity of the certificate.

Insurance must be taken out in the Member State of destination.

SCOPE

This Communication applies to the first registration of vehicles, as well as the registration of vehicles previously registered in another Member State, regardless of whether they are new or used.

A vehicle is “previously registered in another Member State” when it has obtained the administrative authorisation for the entry into service in road traffic, involving its identification and the issuing of a registration number.

REMEDIES

Any decision taken by authorities refusing the type-approval or registration must be notified to the vehicle owner, informing him of the remedies available to him and of the time limits allowed.

Citizens and enterprises may also seek a solution for approval or registration problems through the SOLVIT network or by making a complaint to the Commission, which may then initiate infringement proceedings.

Related Acts

Communication from the Commission of 14 February 2007 entitled “The Internal Market for Goods: a cornerstone of Europe’s competitiveness” [COM(2007) 35 final – Not published in the Official Journal]

Type-approval of hydrogen-powered motor vehicles

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Type-approval of hydrogen-powered motor vehicles

Outline of the Community (European Union) legislation about Type-approval of hydrogen-powered motor vehicles

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Motor vehicles > Interactions between the automobile industry and specific policies

Type-approval of hydrogen-powered motor vehicles

Proposal

Proposal for a Regulation of the European Parliament and of the Council of 10 October 2007 on type-approval of hydrogen-powered motor vehicles and amending Directive 2007/46/EC [COM(2007) 593 final – Not published in the Official Journal].

Summary

Harmonisation at European level of the technical requirements for hydrogen-powered vehicles would make it possible to avoid the adoption of requirements which vary from one Member State to another and guarantee the smooth functioning of the internal market. Furthermore, the number of vehicles in the transport sector with innovative propulsion technologies or which use alternative fuels with a low environmental impact should be increased.

The proposal for a Regulation therefore lays down requirements for the type-approval of hydrogen-powered motor vehicles and for the installation of components and systems in these vehicles.

The Regulation would apply to hydrogen-powered vehicles in categories M and N, and to the hydrogen components and hydrogen systems intended for these vehicles.

Obligations of the manufacturers

Manufacturers must demonstrate that the new hydrogen-powered vehicles (and their hydrogen components or hydrogen systems) sold, registered or put into service in the EU are type-approved in accordance with the Regulation. The components and systems must also be tested and installed in accordance with the Regulation.

The manufacturers must supply the competent type-approval authorities with information on the vehicle specifications and test conditions, and also on the inspections carried out during the service life of the vehicle.

General requirements

Manufacturers must ensure that:

  • the hydrogen components and systems function in a correct and safe way, and that they withstand the electrical, mechanical, thermal and chemical operating conditions without leaking or visibly becoming deformed, and also withstand these temperatures and pressures throughout their entire service life;
  • the materials used for the hydrogen components and systems which are to be in direct contact with hydrogen are compatible with hydrogen;
  • the hydrogen components are marked in accordance with the implementing measures and that all hydrogen components with directional flow have the flow direction clearly indicated.

Applicable requirements

The proposal for a Regulation clarifies the requirements applicable to:

  • hydrogen containers designed to hold liquid hydrogen. These must be tested in accordance with specific procedures detailed in the Annex to the document;
  • hydrogen components other than containers designed to hold liquid hydrogen. These must also be tested with regard to their type and in accordance with specific rules set out in the Regulation. Requirements will also be set for pressure-relief devices;
  • hydrogen containers designed to hold compressed (gaseous) hydrogen. They will be classified and tested pursuant to specific procedures detailed in the Annex to the document;
  • hydrogen components other than containers designed to hold compressed (gaseous) hydrogen. These components will be tested in accordance with specific procedures detailed in the Annex to the document.

Implementing measures and sanctions

The European Commission must adopt implementing measures for:

  • the administrative provisions for the EC type-approval of vehicles (hydrogen propulsion, hydrogen components and systems);
  • the information to be provided by manufacturers for the purposes of type-approval and periodic inspection;
  • the detailed rules for the test procedures and the installation of hydrogen components and systems;
  • the requirements for the safe and reliable functioning of hydrogen components and systems.

It may also adopt implementing measures for the specific technical requirements or other requirements regarding new forms of hydrogen storage or usage, impact protection for the vehicles, integrated system safety requirements or insulation and electrical safety.

The Member States must establish a system for effective, proportionate and dissuasive penalties for infringement of the provisions. The types of infringement subject to a penalty include false declarations or the falsification of test results for type-approval, the withholding of data which could lead to the withdrawal of type-approval or refusal to provide access to information.

Background

The European internal market comprises an area without internal frontiers in which the free movement of goods, persons and capital is ensured. To that end, the EU has established a comprehensive type-approval system for motor vehicles. At present, the Community type-approval system does not include specific provisions for hydrogen-powered cars. Consequently, these cars are not marketed in a uniform manner within the EU. This proposal for a Regulation sets out a harmonised framework for the placing on the market of hydrogen-powered motor vehicles.

References

Proposal Official Journal Procedure
COM(2007) 593 final – Codecision COD 2007/0214