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Working on a future initiative on registration of motor vehicles previously registered in another

Working on a future initiative on registration of motor vehicles previously registered in another Member State. Idaira Robayna Alfonso E-REG ANNUAL CONFERENCE- Wa r saw, 13 May 2011. State of play- legal context.

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Working on a future initiative on registration of motor vehicles previously registered in another

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  1. Working on a future initiative on registration of motor vehicles previously registered in another Member State Idaira Robayna Alfonso E-REG ANNUAL CONFERENCE- Warsaw, 13 May 2011

  2. State of play- legal context • Directive 1999/37/EC: harmonisation of registration certificate • Directive 2009/40/EC harmonisation of roadworthiness testing • The block exemption Regulation 1400/2002 on the application of the competition rules to motor vehicles sales and servicing (until 31/05/2013) • Directive 2007/46/EC establishing a framework for the approval of motor vehicles and their trailers • Communicationon procedures for the registration of motor vehicles originating in another MS (2007/C 68/04)

  3. Forthcoming legislation in the sector • Proposal for a Directive facilitating cross-border enforcement in the field of road safety COM(2008)151 • Communication on car taxation • Proposal for a Directive amending framework directive 2007/46/EC on the type-approval of motor vehicles (introducing market surveillance provisions of the new legislative framework on the marketing of products) • New revision of EU legislation concerning the roadworthiness test for motor vehicles

  4. Steps towards a proposal in 2012 Preliminary findings • Car registration: a multi-faceted issue that cover several policy areas (mobility policies, safety issues, internal market, taxation..) were EU has different roles to play. • Mobility policies, internal market: room of manoeuvre relatively wide • Taxation: room of manoeuvre very limited at EU level. Taxation related-issues are out of scope of this initiative • All services of the Commission are working together since the beginning of the process.

  5. Car registration of vehicles previously registered in another MS: Problems identified ex ante • High number of complaints, petitions and questions about the difficulties encountered mainly by citizens with respect to the requirements to register a car in the MS of destination • most cases related to the obligation to register motor vehicles previously registered in another MS are examined in the light of Articles 34-36 of the TFEU (Prohibition of QR): Subject to the ruling of ECJ • Indicators: important impediments to transferring a car to another MS on permanent basis Administrative obstacles Legal uncertainty

  6. Problems identified ex ante MS requires registration by their own authorities of cars permanently used in their territory 1) Deregistration in MS of originextra paperwork, costs, time consuming for applicants 2) Re-registration in MS of destination • Requirements to provide: - same information in different forms - Additional information not always at applicant’s disposal - Additional tests to undergo prior to the registration procedure, • despite the applicant is in possession of valid documents from MS origin • Supplementary requirements in some MS is due to different registration system • oriented towards person vehicles-based

  7. Problems identified ex ante Need of re-registration procedure: make more difficult to re register a vehicle coming from another MS than a motor vehicle that was registered in the same MS (supplementary requirements) • Burden of supplying this information is always put on the applicant Barriers to the free movement of goods, services and workers

  8. Problems identified ex ante • Problems faced by • Citizens (buying vehicles in another MS or transferring with their vehicles) • Vehicles-owning business use vehicles in other MS than the one where it is registered • Enterprises selling second hand cars • Leasing and car-rental undertakings ( lack of flexibility to move their fleets to other MS)

  9. Problems identified ex ante Problems reported by leasing and car-rental undertakings • In some EU countries: national legislative obstacles prevent temporary cross-borders rental: obstacles to free movement of goods • Other MS: national legislation allow EU-registered cars to be temporarily rented (period fixed diverge) on their territory: openness for cross-border rentals and free movement of goods across EU

  10. State of play- political context • The EU citizenship report 2010 • Mr Mario Monti report on the new strategy for the Single market Pleaded for a single market for car drivers

  11. Toward a new initiative on car registration • Aims to simplify the formalities and conditions for the registrations of vehicles previously registered in another Ms • Sectoral contribution to the wider policy context and to the Commission’s strategic initiative to re-launch the Single market EU 2020

  12. Steps towards a proposal in 2012 Objectives of the initiative: Improve the functioning of the internal market through the elimination of barriers to the free movement of goods, services and workers, caused by the different administrative formalities & requirements for the registration of motor vehicles previously registered in another Member State.

  13. Steps towards a proposal in 2012 Roadmap: • Options: • No policy change • Improve the implementation of existing EU law through guidance and enhanced administrative cooperation (IT tools) • Self and co-regulation by the registration authorities: agreement on common registration principles • Amendment of Directive 1999/37/EC and/or Council regulation 2411/98 in view of an automatic recognition, thought the EU, of the registration issued in another MS • New legislative instrument on motor vehicle registration: set out conditions for national registrations, rights and obligations of drivers and national authorities, including the establishment of EU registration system (full mutual recognition of national car registration) which would not need to be replaced • Impact: benefits and cost of each policy options

  14. Steps towards a proposal in 2012 • Impact Assessment (IA). An IA Report provides evidence for political decision-makers on the pros and cons of policy options by assessing their potential impacts. The IA examines a number of questions: • Nature and scale of the problem, how is it evolving and who is most affected by it? • Is it a problem the EU should address? If so, what objectives should it set? • Main policy options for achieving those objectives • Economic, social and environmental impacts of options • How do those options compare in terms of effectiveness, efficiency and coherence?

  15. Timeline: Impact Assessment • Collection of data and information • Public consultation • Carry out an study by external contractor • Public conference • IA Report • Submission to the IAB • Inter-service consultation • Translation of the draft initiative (23 EU languages) • Adoption by the College • Transmission to the co-legislators:starts the ordinary legislative procedure

  16. Timeline IA

  17. Contributions from actors identified • Public consultation via Internet: • through a personalised questionnaires to all actors involved (citizens, businesses, public authorities) • available in all EU languages • Launched on 3 March 2011 • Running for 12 weeks: until 26 May 2011 • http://ec.europa.eu/enterprise/newsroom/cf/itemlongdetail.cfm?item_id=4955&lang=en&tpa=138&displayType=consultation PLEASE TAKE PART IN THE DECISION MAKING PROCESS: PARTICIPATE IN THE PUBLIC CONSULTATION, YOUR CONTRIBUTION COULD MAKE THE WORLD OF DIFFERENCE!

  18. Steps towards a proposal in 2012 Ongoing external study : • To substantiate the problems through the collection and processing of factual information on the magnitude of the problem in economic, social, environmental and technological terms, the origins and its impacts Collection of basic information for all 27MS: • Overall size of the market affected • The origins and severity of obstacles encountered • The contractor has already contacted E-REG and asked for assistance and cooperation on this task: cooperation ongoing

  19. Contributions from actors identified • Public Conference: • Date: 21st June 2011 (9:30-17:00) • Venue: Brussels • Objectives: • Present the results of an ongoing public consultation, • To provide a forum for debate and exchange of information between different stakeholders and • Present preliminary conclusions of the Impact Assessment to be finalized in late 2011. • Audience: • relevant stakeholders representing • National authorities • Citizens • Businesses PLEASE BOOK THIS DATE IN YOUR AGENDA

  20. Further Information DG Enterprise and Industry’s website http://ec.europa.eu/enterprise/policies/single-market-goods/free-movement-non-harmonised-sectors/car-registration/index_en.htm Public consultation: http://ec.europa.eu/enterprise/newsroom/cf/itemlongdetail.cfm?item_id=4955&lang=en&tpa=138&displayType=consultation European Commission press release: http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/252&format=HTML&aged=0&language=EN&guiLanguage=en

  21. Contacts ENTR-INT-MARKET-AND-ENFORCEMENT@ec.europa.eu

  22. Thank you for your attention!

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