Brussels, 19 May 2011
Free movement of goods: Commission asks Spain to comply with EU rules on authorisations for motor vehicles
The European Commission has today requested Spain to change its legislation on the granting of authorisations to motor vehicles in order to comply with EU rules on the free movement of goods. The present Spanish legislation requires that a heavy goods vehicle should not have been registered for the first time more than 5 months before to obtain an "authorisation of supplementary private transport". The Commission considers this requirement in breach of the mutual recognition and proportionality principles. On the basis on the reasoned opinion issued today Spain has two months to inform the Commission on the possible measures to be taken to ensure the compliance with EU law to avoid to be referred to the EU's Court of Justice.
The Spanish legislation on road transport1 indicates that the first registration of an heavy goods vehicle should not have been more then 5 months before to obtain the authorisation for supplementary private transport required for its import and use in Spain. In fact, without this authorisation heavy goods vehicle can only be utilised for personal purposes.
The Commission considers that this requirement is not in line with the principle of mutual recognition stated by Article 34 of the TFEU on the free movement of good. In particular, the Spanish provision do not take into account that those vehicles already comply with European / national technical requirements for driving in the Member State of origin. Furthermore, Spain has not justified this requirement on the basis of a legitimate ground, such as environmental protection or road safety. In any case the Commission considers that these goals could be pursued with less restrictive alternative measures.
Order FOM/734/2007 of 20 March of 2007