- How could the Committee have voted before the impact assessment results were in?
- Why does the EU Parliament have to vote on a regulation when the specific technical elements of what is affected, will be decided after the vote?
- How can they make an informed decision when the 'Delegated Acts' (the technical bits) that are central to this, will be written later?
- If we are now seeing drafts of the Delegated Acts and they include mention of cycle parts, surely that is outside the scope of the Regulation?
- If the Commission didn't do the research before they introduced the proposal (saying as they did, that they had no baseline data but hoped they'd get some later) is it even legal?
As a constituent, I would like to raise my concerns regarding the content and progress of a piece of European Legislation, currently timetabled for Plenary vote on 14th March.
The proposed EU Regulation on Type Approval and Market Surveillance of two and three-wheeled vehicles passed its first reading, Committee stage, on 5th December even though an impact assessment on many elements of the proposal was ongoing.
Some new text adopted by the (IMCO) Committee, especially the extension of mandatory ABS to all scooters and motorcycles, the introduction of a new Article 18a (see below) and the Delegated Acts (drafts of which are now available), appear to have moved well outside the scope of the Commission's original proposal. Article 18a also relies on Member States to establish National policing.
ABS is being adopted by some riders, but the technology is not as advanced as for cars and there are many riding conditions where it is not suitable, or where combined braking systems (in which the industry has invested heavily) are more suitable, especially with smaller scooters. The Commission's mandating of ABS is therefore inappropriate for both the market and manufacturing.
Articles 17 and 52 also directly impact on motorcyclists as consumers, controlling the sale and availability of after-market parts within the EU and the modification of certain aspects of the machine to suit riding conditions.
The Plenary session vote has now been timetabled for 14th March, which is too soon to enable sufficient discussion beforehand and which permits no time within the chamber for debate.
This debate is necessary, as there are many parts of this Regulation which I, as a rider and consumer, welcome, so this cannot be a yes/no vote on the acceptance or rejection of the proposal as a whole.
It is welcome for example, that Article 22 will lead to CO2 emissions being published at point of sale for every model. Similarly, paragraph 9 (page 11) which aims to over-turn the earlier decision to introduce power limits for motorcycles (1995), on the basis that no evidence can be found of a correlation between safety and power. This assertion rather undermines one of the central tenets of the whole proposal, that speed or 'tuning' has a detrimental effect on safety, again forcing the assumption that the Commission's proposals appear not to be evidence led.
I urge you to read the Regulation COM (2010) 542 and the consolidated text post the IMCO Committee vote, which is not in the public domain and use your influence to delay the Parliamentary vote.
Could I respectfully ask that you send your reply to Central Office of the Motorcycle Action Group who are compiling replies in order to monitor voting behaviour. This can be either electronically to email@example.com