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Order 562/eit/2013, Of 8 April, Amending Annex Iv Of The Royal Decree 224/2008, Of 15 February, On General Rules Of Installation And Operation Of The Vehicle Technical Inspection Stations.

Original Language Title: Orden IET/562/2013, de 8 de abril, por la que se modifica el anexo IV del Real Decreto 224/2008, de 15 de febrero, sobre normas generales de instalación y funcionamiento de las estaciones de inspección técnica de vehículos.

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TEXT

The regulation of the technical inspections of vehicles is contained in the General Regulation of Vehicles, approved by Royal Decree 2822/1998 of 23 December, as well as the Royal Decrees 224/2008, of February 15, and 2042/1994, of 14 October, which regulate the operation of the vehicle technical inspection stations (ITV) and the technical inspections of vehicles, respectively.

The above provisions incorporated into Spanish law the rules of European Community law in this field which were later recast in Directive 2009 /40/EC of the European Parliament and of the Council, of 6 May 2009 on the technical inspection of motor vehicles and their trailers.

Later, Directive 2009 /40/EC of the European Parliament and of the Council of 6 May was amended by Commission Directive 2010 /48/EU of 5 July, in order to reflect the current state of the technology of the vehicles, improve the harmonisation of the inspection, introduce test methods for each of the elements to be inspected and establish the main reasons for determining the non-compliance of those elements, as already it has been established for braking systems. This directive was partially transposed into our legal order, as amended by Annexes I and II to Royal Decree No 2028/86 of 6 June 1986 on the rules for the application of certain EC directives relating to the type-approval of motor vehicles, trailers, semi-trailers, motorcycles, mopeds and agricultural vehicles, as well as parts and parts of such vehicles, by Order ITC/3124/2010 of 26 November.

Regardless of the above, the amendments contained in Directive 2009 /40/EC, with the exception of paragraph 3, "Certificate of Technical Inspection", of Annex II thereto, as amended by Directive 2010 /48/EU, were the subject of revision 7 of the Manual of the Inspection Procedure of the ITV Stations where the technical criteria for inspection are contained, in accordance with Article 12 of Royal Decree 2042/1994 of 14 October 1994 on the the technical inspection of vehicles. This revision 7. was entered into force on 1 January 2012.

The introduction of the technical inspection certificate, which is the subject of paragraph 3 of Annex II to Directive 2009 /40/EC of the European Parliament and of the Council of 6 May, is therefore pending, in accordance with the wording given to it. by Commission Directive 2010 /48/EU of 5 July 2010.

Well, Royal Decree 224/2008, of 15 February, on general rules for the installation and operation of the vehicle roadworthiness tests, sets out in Annex IV the characteristics of the inspection report technical vehicles and standards for their completion. That report is the equivalent of the technical inspection certificate established by Commission Directive 2010 /48/EU of 5 July amending Directive 2009 /40/EC of the European Parliament and of the Council of 6 May.

In accordance with Article 2.1 of the aforementioned Commission Directive 2010 /48/EU of 5 July, the Member States should, by 31 December 2011, carry out their transposition, with the exception of the provisions of the point 3 of Annex II, which would apply from 31 December 2013. In this royal decree the transposition of this paragraph is carried out.

In order to adapt the inspection report of Annex IV to Royal Decree 224/2008 of 15 February, it is only necessary to add the symbol of the country of registration in the current registration box and to enter a new box for the reading of the odometer, both in section A of the report, as well as indicating the rules for their completion. In addition, the inspection report, the new inspection unit, the new inspection unit, the new inspection unit, shall be added to paragraph B. 'Scope and traceability of the inspection', as a consequence of the requirement for such devices in vehicles of new registration as well as some other modification proposed by the sector.

It is therefore necessary to amend Annex IV to Royal Decree 224/2008, of 15 February, to conclude the incorporation of the amendments contained in Commission Directive 2010 /48/EU of 5 July.

Final provision fourth, paragraph 2, of Royal Decree 224/2008, of 15 February, enables the Minister for Industry, Energy and Tourism to amend, by order, the technical content of the annexes to that royal decree with the the purpose of keeping them permanently appropriate to the state of the art and European and international standards and standards in this field.

This provision has been subject to a hearing from the affected sectors and from consultations to the Autonomous Communities.

In its virtue, according to the State Council, I have:

Single item. Amendment of Annex IV to Royal Decree 224/2008 of 15 February on general rules for the installation and operation of vehicle roadworthiness testing stations.

In Annex IV, "Characteristics of the vehicle technical inspection report and standards for completion" of Royal Decree 224/2008 of 15 February on general rules for the installation and operation of the vehicle are introduced in Annex IV. the vehicle technical inspection stations, the following modifications are indicated:

One. In Part II. 'Rules for the completion of the technical inspection report on vehicles in the Annex', the penultimate paragraph of paragraph A is worded as follows:

" Current Matricula.-The registration number shown on the vehicle's movement permit shall be recorded, including the characters, numbers and letters, without leaving any space between them. The symbol of the country of registration shall also be stated. '

Two. In Part II. 'Rules for the completion of the technical inspection report on vehicles in the Annex', at the end of paragraph A. 'Identification of the ITV station and of the vehicle', the following is

:

"Reading of the odometer.-The reading of the odometer shall be recorded at the time of the inspection, if available."

Three. Appendix 1 to Annex IV is replaced by the following:

Imagen: img/disp/2013/087/03808_001.png

Final disposition first. Incorporation of European Union law.

By this order, the provisions of paragraph 3 of Annex II to Directive 2009 /40/EC of the European Parliament and of the Council of 6 May 2009 on technical inspection are incorporated into the Spanish legal order. of motor vehicles and their trailers, as amended for their adaptation to technical progress by Commission Directive 2010 /48/EU of 5 July.

Final disposition second. Entry into force.

This order will take effect on December 31, 2013.

Madrid, April 8, 2013. -Minister of Industry, Energy and Tourism, José Manuel Soria López.