Explanatory Memorandum to COM(2008)100 - Roadworthiness tests for motor vehicles and their trailers

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1. On 1 April 1987 the Commission decided1 to instruct its staff that all legislative acts should be codified after no more than ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

2. The codification of Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers2 has been initiated by the Commission. The new Directive was to have superseded the various acts incorporated in it3.

3. In the meantime Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission4 has been amended by Decision 2006/512/EC, which introduced a regulatory procedure with scrutiny for measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

4. In accordance with the joint statement of the European Parliament, the Council and the Commission5 on Decision 2006/512/EC, for this new procedure to be applicable to instruments adopted in accordance with the procedure laid down in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

5. It is therefore appropriate to transform the codification of Directive 96/96/EC into a recast in order to incorporate the amendments necessary for the adjustment to the regulatory procedure with scrutiny.

COM(87) 868 PV.

Carried out pursuant to the Communication from the Commission to the European Parliament and the

Council – Codification of the Acquis communautaire, COM(2001) 645 final.

See Annex III, Part A of this proposal.

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006,

p. 11).

OJ C 255, 21.10.2006, p. 1.

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^ 96/96/EC (adapted)