Dear Mr Akku Awesome Dude Lovegod,
Thank you for writing to Mr Helmer about this issue. A written question has been submitted to the Commission by a Spanish MEP about this issue and I have included the response with this email.
Answer given by Mr Tajani on behalf of the Commission
1. Concerning obstacles to registration in France of used vehicles that have received individual approval in other Member States, the Commission is currently considering a number of complaints relating to individual approval procedure in France to a non-compliant vehicles known type. The plaintiffs challenged the requirement by the national authorities to submit a certificate of conformity of vehicles on the field of rear vision, braking, pollution, noise and electromagnetic compatibility and the requirement for tests at the Technical Union Motor Cycle and motorcycle (UTAC).
It should, first, to recall that in general, vehicles are subject to a type approval or national community. When purchasing a new vehicle, the manufacturer shall issue a certificate of conformity to a type of vehicle. This certificate will be used for vehicle registration. However, there are also vehicles that have not been type-approved. Most often these are vehicles produced outside the EU. These vehicles, as vehicles responding initially to a type approved but which have undergone significant changes, must be prior to registration of individual approval (known in France "as isolated" RTI) to check in each case they meet the safety requirements in force in the Member State of registration.
The French authorities are prepared to issue a ministerial decree amending the decree of July 19, 1954 on type approval of motor vehicles and which specifies the areas regulated under Directive 2007/46/EC (1) for which he is asked results of technical tests. The draft decree formalizing cooperation with the competent authorities of other Member States to facilitate the procedure of registration of vehicles. It poses particular the principle of recognition of testing in a laboratory recognized by a Member State, only tests that have not been made in the State of source is made. Moreover, the French authorities have undertaken to put online on the website of UTAC, places intervention UTAC regions for consumer and technical operators of this sector to import vehicles Imported conform to a known type. Such itm can meet the demand as closely as interested and reduce testing costs. The Commission therefore considers that all measures implemented and proposed by the French authorities are justified and proportionate.
This text is currently subject to the notification procedure under Directive 98/34/EC (2). The draft order mentioned above is considered compatible with the principle of free movement of goods and the Commission intends to propose, after its adoption, the ranking of current complaints. The French authorities stated that the signing will take place once the text of the agreement of the Commission and its publication in the Official Gazette will then be very rapid.
Regarding the car kits and replicas, the Commission refers to its response to the Petition 881/2010 in which it was stated that the vehicles in question are not vehicles of common sense, but vehicles kit that is constructed by the owners with mechanical elements often disparate. Specifically, it appears that the essential condition imposed by the French regulations for registering a vehicle under very special "ancestor" is not met especially in the absence of evidence that the vehicles are over 30 years. However, registration of such vehicles from other Member States and previously registered in these states is not rendered impossible because the persons concerned have the opportunity to register these vehicles in France according to individual approval. At this stage, the Commission continues to evaluate the denial issued by the French authorities in the light of Articles 34 and 36 TFEU.
2. Regarding the question on the quality of members, the discriminatory policy and the unique power of the FFVE in France, the Commission indicates that the material before it does not identify a violation of EU law. However, it remains vigilant and continues to monitor the practice nationally.
(1) Directive 2007/46/EC of the European Parliament and the Council of 5 September 2007 establishing a framework for the approval of motor vehicles, trailers and systems, components and separate technical units intended for such vehicles, OJ L 263, 9.10.2007.
(2) Directive 98/34/EC of the European Parliament and Council of 22 June 1998 laying down a procedure in the fioneeld of technical standards and regulations, OJ L 204, 21.7.1998.
Kind regards
Miss Lydia Smith
Assistant to Roger Helmer MEP
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I also recived this one:
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Dear Jam Master Ku
Thank you for your message about Historic Vehicles. You have my support in continuing to enjoy your motoring this way.
I am not surprised that an organisation like FIVA would introduce a somewhat different definition to that which is accepted in the UK. It seems to me that the FIVA definition is EU derived, which means you have a problem.
I know that those who have such vehicles in the UK have to comply with the appropriate UK laws. I am very happy with that as I hope are you.
As and when this comes before the European Parliament I shall vote against anything which conflicts with UK practice. With my UKIP colleagues we are doing that all the time but, unfortunately, we are almost always heavily outvoted so the real answer to your problem is to support UKIP in its policy of getting out of the EU altogether.
Yours sincerely
Derek Clark MEP
The office of Derek Clark MEP
UK Independence Party
Suite 1, Rowan House
23 Billing Road
NORTHAMPTON
NN1 5AT
Thank you for writing to Mr Helmer about this issue. A written question has been submitted to the Commission by a Spanish MEP about this issue and I have included the response with this email.
Answer given by Mr Tajani on behalf of the Commission
1. Concerning obstacles to registration in France of used vehicles that have received individual approval in other Member States, the Commission is currently considering a number of complaints relating to individual approval procedure in France to a non-compliant vehicles known type. The plaintiffs challenged the requirement by the national authorities to submit a certificate of conformity of vehicles on the field of rear vision, braking, pollution, noise and electromagnetic compatibility and the requirement for tests at the Technical Union Motor Cycle and motorcycle (UTAC).
It should, first, to recall that in general, vehicles are subject to a type approval or national community. When purchasing a new vehicle, the manufacturer shall issue a certificate of conformity to a type of vehicle. This certificate will be used for vehicle registration. However, there are also vehicles that have not been type-approved. Most often these are vehicles produced outside the EU. These vehicles, as vehicles responding initially to a type approved but which have undergone significant changes, must be prior to registration of individual approval (known in France "as isolated" RTI) to check in each case they meet the safety requirements in force in the Member State of registration.
The French authorities are prepared to issue a ministerial decree amending the decree of July 19, 1954 on type approval of motor vehicles and which specifies the areas regulated under Directive 2007/46/EC (1) for which he is asked results of technical tests. The draft decree formalizing cooperation with the competent authorities of other Member States to facilitate the procedure of registration of vehicles. It poses particular the principle of recognition of testing in a laboratory recognized by a Member State, only tests that have not been made in the State of source is made. Moreover, the French authorities have undertaken to put online on the website of UTAC, places intervention UTAC regions for consumer and technical operators of this sector to import vehicles Imported conform to a known type. Such itm can meet the demand as closely as interested and reduce testing costs. The Commission therefore considers that all measures implemented and proposed by the French authorities are justified and proportionate.
This text is currently subject to the notification procedure under Directive 98/34/EC (2). The draft order mentioned above is considered compatible with the principle of free movement of goods and the Commission intends to propose, after its adoption, the ranking of current complaints. The French authorities stated that the signing will take place once the text of the agreement of the Commission and its publication in the Official Gazette will then be very rapid.
Regarding the car kits and replicas, the Commission refers to its response to the Petition 881/2010 in which it was stated that the vehicles in question are not vehicles of common sense, but vehicles kit that is constructed by the owners with mechanical elements often disparate. Specifically, it appears that the essential condition imposed by the French regulations for registering a vehicle under very special "ancestor" is not met especially in the absence of evidence that the vehicles are over 30 years. However, registration of such vehicles from other Member States and previously registered in these states is not rendered impossible because the persons concerned have the opportunity to register these vehicles in France according to individual approval. At this stage, the Commission continues to evaluate the denial issued by the French authorities in the light of Articles 34 and 36 TFEU.
2. Regarding the question on the quality of members, the discriminatory policy and the unique power of the FFVE in France, the Commission indicates that the material before it does not identify a violation of EU law. However, it remains vigilant and continues to monitor the practice nationally.
(1) Directive 2007/46/EC of the European Parliament and the Council of 5 September 2007 establishing a framework for the approval of motor vehicles, trailers and systems, components and separate technical units intended for such vehicles, OJ L 263, 9.10.2007.
(2) Directive 98/34/EC of the European Parliament and Council of 22 June 1998 laying down a procedure in the fioneeld of technical standards and regulations, OJ L 204, 21.7.1998.
Kind regards
Miss Lydia Smith
Assistant to Roger Helmer MEP
--------------------------------------------------------------------------------------------------
I also recived this one:
--------------------------------------------------------------------------------------------------
Dear Jam Master Ku
Thank you for your message about Historic Vehicles. You have my support in continuing to enjoy your motoring this way.
I am not surprised that an organisation like FIVA would introduce a somewhat different definition to that which is accepted in the UK. It seems to me that the FIVA definition is EU derived, which means you have a problem.
I know that those who have such vehicles in the UK have to comply with the appropriate UK laws. I am very happy with that as I hope are you.
As and when this comes before the European Parliament I shall vote against anything which conflicts with UK practice. With my UKIP colleagues we are doing that all the time but, unfortunately, we are almost always heavily outvoted so the real answer to your problem is to support UKIP in its policy of getting out of the EU altogether.
Yours sincerely
Derek Clark MEP
The office of Derek Clark MEP
UK Independence Party
Suite 1, Rowan House
23 Billing Road
NORTHAMPTON
NN1 5AT
