31976A0700

COMMISSION OPINION of 28 July 1976 addressed to the Government of the Italian Republic on a law of 5 May 1976 laying down new provisions applicable to commercial vehicles (76/700/EEC)

In accordance with the procedure for consultation instituted by the Council Decision of 21 March 1962 (1), as amended by the Decision of 22 November 1973 (2), the Italian Government in a letter of 4 June 1976 from its Permanent Representation to the European Communities forwarded to the Commission the text of a law laying down new provisions applicable to commercial vehicles (3).

The letter from the Italian Permanent Representation was received by the Commission on 11 June 1976 and was also forwarded to the other Member States.

As the Italian Government considered this an urgent matter it adopted the law on 5 May 1976 without first consulting the Commission. Invoking Article 2 (5) of the Council Decision, the Italian Government informed the Commission after the event.

The Commission did not consider it necessary to call a briefing meeting for the benefit of the Italian Government Representatives, nor to hold consultations with the other Member States pursuant to Article 2 (3) of the Council Decision.

In accordance with Article 2 (1) of the said Decision, the Commission gives the following opinion: 1. The Commission notes that the aim of these measures is to make the construction and operation of road vehicles more profitable.

2. The Commission however points out to the Italian Government that the whole question of the harmonization of the weights and dimensions of road vehicles is still before the Council which last discussed it at the session of 10 and 11 December 1975 and where it invited the Committee of Permanent Representatives, with the help of the Commission and in the light of the discussions and arguments put forward at the said session, to seek out and examine the possibility of reaching a practical solution to the problem of weights and dimensions.

3. The Commission therefore draws attention to the fact that the adoption of this law amending the weights, dimensions and other technical characteristics of road vehicles must not be allowed to prejudice any agreement which might be reached in the near future at Community level.

4. The Commission also points out that, pursuant to Council Directive 71/354/EEC of 18 October 1971 (4), as last amended by Annex I to the Act of Accession (5), the only unit of measurement which may be used after 31 December 1977 for engine power is the watt or kilowatt and the Italian Government should therefore amend its law accordingly.

5. Finally, the Commission regrets that the Italian Government did not consult the Commission before adopting this law, which was not of an extremely urgent nature.

6. The Commission is informing the ofther Member States of this opinion.

Done at Brussels, 28 July 1976.

For the Commission

Carlo SCARASCIA MUGNOZZA

Vice-President

(1) OJ No 23, 3.4.1962, p. 720/62. (2) OJ No L 347, 17.12.1973, p. 48. (3) Law No 313, 5.5.1976, "Gazzetta ufficiale della Repubblica italiana" No 138, 26.5.1976. (4) OJ No L 243, 29.10.1971, p. 29. (5) OJ No L 73, 27.3.1972, p. 119.