13.10.2016 |
EN |
Official Journal of the European Union |
L 277/1 |
COMMISSION DELEGATED REGULATION (EU) 2016/1788
of 14 July 2016
amending Regulation (EU) No 167/2013 of the European Parliament and of the Council as regards the list of requirements for vehicle EU type-approval, and amending and correcting Commission Delegated Regulations (EU) No 1322/2014, (EU) 2015/96, (EU) 2015/68 and (EU) 2015/208 with regard to vehicle construction and general requirements, to environmental and propulsion unit performance requirements, to vehicle braking requirements and to vehicle functional safety requirements
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (1), and in particular Articles 17(5), 18(4), 19(6), 20(8), 27(6), 28(6), 49(3), 53(12), 60(1) and Articles 61 and 70 thereto,
Whereas:
(1) |
As Article 27(3) of Regulation (EU) No 167/2013 allows for the use of virtual testing methods as an alternative to the physical tests performed by designated technical services, and considering that such virtual testing methods reduce considerably the burden on manufacturers and are particularly easy to apply with regard to dimensional checking, further requirements should be added to the list of requirements which may be subject to virtual testing set out in Annex III to Commission Delegated Regulation (EU) No 1322/2014 (2). |
(2) |
In order to improve the accuracy, the technical requirements related to the measuring apparatus for the driver-perceived noise level set out in Annex XIII to Delegated Regulation (EU) No 1322/2014 should be updated to technical progress. |
(3) |
To ensure consistency it is necessary to provide further conditions for EU component type-approval of a seat in Annex XIV to Delegated Regulation (EU) No 1322/2014. |
(4) |
For the purposes of clarity and accuracy, further requirements on the information to be included in the operator’s manual in accordance with Annex XXII to Delegated Regulation (EU) No 1322/2014 should be added, in particular with regard to the information on how to fix the three-point hitch laterally and vertically for road travel, on instructions and specific warnings on the reduced dimensions of the protective device for a power take-off Type 3 and on the greasing intervals. |
(5) |
Due to their technical design, vehicles of category T or C with a hydrostatic drive controlled by the right foot and vehicles of category C with a maximum design speed of less than 15 km/h referred to in Annex XXIII to Delegated Regulation (EU) No 1322/2014 regarding control devices should be exempted from the requirement of having clutch, brake and accelerator pedals with the same function and arrangement as those of a motor vehicle. |
(6) |
To improve the accuracy, the requirements for the safe start of the engine set out in Annex XXIII to Delegated Regulation (EU) No 1322/2014 should be improved and adapted to the particularities of certain vehicle designs. |
(7) |
To ensure consistency with Delegated Regulation (EU) No 1322/2014, requirements for control devices related to virtual terminals, set out in Annex X to Commission Delegated Regulation (EU) 2015/208 (3) regarding requirements on driver information systems, should be moved to Annex XXIII to Delegated Regulation (EU) No 1322/2014 regarding requirements on control devices. |
(8) |
For the purposes of consistency and simplification, the marking requirements for the flexible hydraulic hoses set out in Annex XXIV to Delegated Regulation (EU) No 1322/2014 regarding protection against other mechanical hazards should be harmonised with standard ISO 17165-1:2007 currently used by hose manufacturers. |
(9) |
To ensure consistency it is necessary to include in the scope of Annex XXIX to Delegated Regulation (EU) No 1322/2014 regarding protection against hazardous substances, any tractor fitted with a cab, including those fitted with cabs of level 1, even if they do not provide any protection. |
(10) |
In order to ensure that the meaning of the term ‘cab’ is understood in the same way, a definition for ‘cab’ should be introduced in Delegated Regulation (EU) 2015/208. The definition should be based on the internationally recognised standard EN 15695-1:2009. |
(11) |
The calculation of tractors’ maximum theoretical speed set out in Annex III to Delegated Regulation (EU) 2015/208 should take into account the latest technical developments regarding engine control. |
(12) |
The conditions for fulfilment of ISO requirements set out in Annex VII to Delegated Regulation (EU) 2015/208 regarding field of vision and windscreen wipers do not expressly include conditions regarding direct and indirect vision. Conditions regarding direct and indirect vision should be expressly stated in that Annex to ensure that the ISO requirements are fulfilled uniformly. |
(13) |
Lighting installations referred to in Annex XII to Delegated Regulation (EU) 2015/208 should comply with certain stricter requirements for fast tractors, to increase their safety. |
(14) |
Control devices, providing the driver with haptic information, have protruding edges. In order to protect vehicle occupants while retaining the possibility to provide haptic information, it is necessary to introduce specific requirements for those devices in Annex XIII to Delegated Regulation (EU) 2015/208. |
(15) |
Specific requirements should be introduced in Annex XIV to Delegated Regulation (EU) 2015/208 for the exterior and accessories of agricultural and forestry vehicles, due to the particular purpose of certain exterior configurations. |
(16) |
The requirements for cab heating and cooling in Annex XVII to Delegated Regulation (EU) 2015/208 should be compatible with the requirements of Annex XXIX to Delegated Regulation (EU) No 1322/2014 regarding the pressure level and the air flow. |
(17) |
It is necessary to improve the visibility of the registration plates referred to in Annex XIX to Delegated Regulation (EU) 2015/208. |
(18) |
Certain requirements for the fuel tanks in Annex XXV to Delegated Regulation (EU) 2015/208 should be aligned with the latest technical developments set out in the United Nations Economic Commission for Europe (UNECE) Regulation No 34. |
(19) |
Due to particular dimensions of T2 tractors, it is necessary to adapt the length of platform specified in Annex XXVIII to Delegated Regulation (EU) 2015/208. |
(20) |
The towing device requirements in Annex XXIX to Delegated Regulation (EU) 2015/208 need to be adapted to take into account the latest technical developments. |
(21) |
Additional definitions are necessary in relation to tracks in Annex XXXIII to Delegated Regulation (EU) 2015/208. It is also necessary to update a number of the existing definitions to take into account the latest technical developments. |
(22) |
Additional terms and requirements are necessary in relation to mechanical couplings in Annex XXXIV to Delegated Regulation (EU) 2015/208, to ensure the consistency of tests on both towing vehicle (tractor) and towed vehicle (trailer or interchangeable towed equipment). Number of the terms and requirements in relation to mechanical couplings need to be adapted to avoid the use of the same terms in different contexts. |
(23) |
Certain terms and requirements related to braking of agricultural and forestry vehicles in Annex I to Commission Delegated Regulation (EU) 2015/68 (4) should be aligned with the latest technical developments regarding construction and fitting of brakes. |
(24) |
Braking tests set out in Annex II to Delegated Regulation (EU) 2015/68 should be aligned with the latest technical developments regarding the braking behaviour and performance and with corresponding requirements of UNECE Regulation No 13. |
(25) |
Additional definitions in relation to alternative braking tests are necessary and certain terms and requirements concerning alternative braking tests set out in Annex VII to Delegated Regulation (EU) 2015/68 should be clarified to fully align with the requirements laid down in UNECE Regulation No 13. |
(26) |
Certain terms and requirements related to braking of agricultural and forestry vehicles with hydrostatic drive set out in Annex IX to Delegated Regulation (EU) 2015/68 should be aligned with the latest technical developments regarding the performance of brakes installed in such vehicles. |
(27) |
The requirements in Annex XII to Delegated Regulation (EU) 2015/68 for electronically controlled braking systems on certain tractors should be adapted to avoid failures to the greatest possible degree and to increase braking performance. |
(28) |
The definitions regarding engine pollutant emissions set out in Commission Delegated Regulation (EU) 2015/96 (5) should be aligned with the corresponding definitions used in relation to non-road mobile machinery. It is also necessary to fully align the requirements in relation to non-road mobile machinery set out in that Regulation with the requirements set out in Directive 97/68/EC of the European Parliament and of the Council (6) and with UNECE Regulation No 96. |
(29) |
In order to improve the readability and clarity of Delegated Regulation (EU) No 1322/2014, Delegated Regulation (EU) 2015/96, Delegated Regulation (EU) 2015/68 and Delegated Regulation (EU) 2015/208, it is necessary to correct some editorial mistakes, contradictions and wrong references. |
(30) |
Annex I to Regulation (EU) No 167/2013 regarding requirements for vehicle EU type-approval should allow laying down functional safety requirements for additional vehicle categories where that is necessary. |
(31) |
Regulation (EU) No 167/2013 should therefore be amended accordingly. |
(32) |
Delegated Regulation (EU) No 1322/2014, Delegated Regulation (EU) 2015/96, Delegated Regulation (EU) 2015/68 and Delegated Regulation (EU) 2015/208 should therefore be amended and corrected accordingly. |
(33) |
Given that Regulation (EU) No 167/2013, Delegated Regulation (EU) No 1322/2014, Delegated Regulation (EU) 2015/96, Delegated Regulation (EU) 2015/68 and Delegated Regulation (EU) 2015/208 are already applicable and that the amendments to those acts include number of corrections, this Regulation should enter into force as soon as possible, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles
Annex I to Regulation (EU) No 167/2013 is amended in accordance with Annex I to this Regulation.
Article 2
Amendments to Delegated Regulation (EU) No 1322/2014
Delegated Regulation (EU) No 1322/2014 is amended in accordance with Annex II to this Regulation.
Article 3
Amendments to Delegated Regulation (EU) 2015/96
Delegated Regulation (EU) 2015/96 is amended as follows:
(1) |
Article 2 is amended as follows:
|
(2) |
Article 4 is amended as follows:
|
(3) |
in Article 7, paragraph 2 is replaced by the following: ‘2. In addition to the requirements referred to in the first paragraph, for an alternative type-approval to be recognised as equivalent to an approval under this Regulation, the manufacturer shall provide non-discriminatory access to vehicle repair and maintenance information as required by Chapter XV of Regulation (EU) No 167/2013 and Article 8 of Commission Delegated Regulation (EU) No 1322/2014 (*3). (*3) Commission Delegated Regulation (EU) No 1322/2014 of 19 September 2014 supplementing and amending Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to vehicle construction and general requirements for the approval of agricultural and forestry vehicles (OJ L 364, 18.12.2014, p. 1).’ " |
(4) |
Article 9 is replaced by the following: ‘Article 9 Measurement of the external sound level 1. The technical services shall measure the external sound level of agricultural and forestry vehicles of category T equipped with pneumatic tyres and of category C equipped with track belts in motion, for type-approval purposes, in accordance with the test conditions and methods set out in point 1.3.1 of Annex III. 2. The test conditions and methods set out in point 1.3.2 of Annex III shall also be carried out for stationary agricultural and forestry vehicles of categories T and C equipped with track belts and the results shall be recorded by the technical services in accordance to the provisions of point 1.3.2.4 of Annex III. 3. The technical services shall measure the external sound level of agricultural and forestry vehicles of category C equipped with track chains, for type-approval purposes, in accordance with the stationary test conditions and methods set out in point 1.3.2 of Annex III. 4. The test conditions and methods set out in point 1.3.3 of Annex III shall be carried out for agricultural and forestry vehicles of category C equipped with track chains and the results shall be recorded by the technical services.’ |
(5) |
Article 10 is replaced by the following: ‘Article 10 Requirements on propulsion unit performance For the evaluation of propulsion unit performance of agricultural and forestry vehicles, measurements of net power, engine torque and specific fuel consumption shall be carried out in accordance with UNECE Regulation No 120, 01 series of amendments.’ |
(6) |
in Article 11(4), the first sentence is replaced by the following: ‘For the purposes of type-approval, the dates set out in Articles 9(3c), 9(3d) and 9(4a) of Directive 97/68/EC shall, for agricultural and forestry vehicles of categories T2, T4.1 and C2, as defined in Article 4(3), (6) and (9) of Regulation (EU) No 167/2013 and equipped with engines of categories L to R, be postponed for 3 years.’ |
(7) |
Article 12 is replaced by the following: ‘Article 12 EU type-approval procedures Without prejudice to Article 11, if a manufacturer so requests, national authorities may not, on grounds relating to emissions of vehicles, refuse to grant EU type-approval or national type-approval for a new type of vehicle or engine, or prohibit the registration, sale or entry into service of a new vehicle and the sale or use of new engines, where the vehicle or engines concerned comply with Regulation (EU) No 167/2013 and Commission Implementing Regulation (EU) 2015/504 (*4). (*4) Commission Implementing Regulation (EU) 2015/504 of 11 March 2015 implementing Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to the administrative requirements for the approval and market surveillance of agricultural and forestry vehicles (OJ L 85, 28.3.2015, p. 1).’ " |
(8) |
in Article 14, paragraph 1 is replaced by the following: ‘1. By way of derogation from Article 4(1), concerning the pollutant emissions, Member States shall allow the placing on the market of a limited number of vehicles fitted with engines meeting the requirements of Article 9 of Directive 97/68/EC under a flexibility scheme, in accordance to the provisions of Annex V to this Regulation, at the request of the manufacturer, and on condition that an approval authority has granted the relevant permit for entry into service.’ |
(9) |
Annexes I to IV are amended in accordance with Annex III to this Regulation. |
Article 4
Amendments to Delegated Regulation (EU) 2015/68
Delegated Regulation (EU) 2015/68 is amended as follows:
(1) |
Article 2 is amended as follows:
|
(2) |
Annexes I to V, VII, VIII, IX, XI, XII and XIII are amended in accordance with Annex IV to this Regulation. |
Article 5
Amendments to Delegated Regulation (EU) 2015/208
Delegated Regulation (EU) 2015/208 is amended as follows:
(1) |
Article 2 is amended as follows:
|
(2) |
in Article 5, paragraph 3 is replaced by the following: ‘3. The measurement methods and test results shall be reported to the approval authority in the test report format set out in Article 9 of Implementing Regulation (EU) 2015/504.’ |
(3) |
Annexes I, III, V, VII, X, XII to XV, XVII, XIX, XX, XXII, XXV to XXXI, XXXIII and XXXIV are amended in accordance with Annex V to this Regulation. |
Article 6
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 July 2016.
For the Commission
The President
Jean-Claude JUNCKER
(2) Commission Delegated Regulation (EU) No 1322/2014 of 19 September 2014 supplementing and amending Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to vehicle construction and general requirements for the approval of agricultural and forestry vehicles (OJ L 364, 18.12.2014, p. 1).
(3) Commission Delegated Regulation (EU) 2015/208 of 8 December 2014 supplementing Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to vehicle functional safety requirements for the approval of agricultural and forestry vehicles (OJ L 42, 17.2.2015, p. 1).
(4) Commission Delegated Regulation (EU) 2015/68 of 15 October 2014 supplementing Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to vehicle braking requirements for the approval of agricultural and forestry vehicles (OJ L 17, 23.1.2015, p. 1).
(5) Commission Delegated Regulation (EU) 2015/96 of 1 October 2014 supplementing Regulation (EU) No 167/2013 of the European Parliament and of the Council as regards environmental and propulsion unit performance requirements of agricultural and forestry vehicles (OJ L 16, 23.1.2015, p. 1).
(6) Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (OJ L 59, 27.2.1998, p. 1).
ANNEX I
Annex I to Regulation (EU) No 167/2013 is amended as follows:
(1) |
in row ‘Nr 6’, in the cell corresponding to the column ‘Regulatory act reference’, the following abbreviation is inserted: ‘RVFSR’; |
(2) |
in row ‘Nr 9’, the entry corresponding to vehicle category T3a is replaced by ‘X’; |
(3) |
in row ‘Nr 17’, the entry corresponding to vehicle category T3b is replaced by ‘X’; |
(4) |
in row ‘Nr 23’, the entries corresponding to vehicle categories T3a and T3b are replaced by ‘X’; |
(5) |
in row ‘Nr 30’, the entries corresponding to vehicle categories Ca and Cb are replaced by ‘X’; |
(6) |
in row ‘Nr 34’, in the cell corresponding to vehicle category T3b, the following letter is inserted: ‘X’. |
ANNEX II
Annexes III, V, VIII, IX, X, XIII to XVIII, XXI to XXIV, XXVI and XXIX to Delegated Regulation (EU) No 1322/2014 are amended as follows:
(1) |
Annex III is amended as follows:
|
(2) |
Annex V is amended as follows:
|
(3) |
in Annex VIII, figure 4.3.b is replaced by the following: ‘ Figure 4.3.b Two-post ROPS KEY: |
(4) |
in section B1 of Annex IX, point 3.1.4.3.3 is replaced by the following:
|
(5) |
in section B2 of Annex X, point 4.2.1.6 is replaced by the following:
|
(6) |
Annex XIII is amended as follows:
|
(7) |
Annex XIV is amended as follows:
|
(8) |
Annex XV is amended as follows:
|
(9) |
in Annex XVI, in point 1, Table 1 is amended as follows:
|
(10) |
in Annex XVII, point 2.6 is replaced by the following:
|
(11) |
in Annex XVIII, point 3.4 is replaced by the following:
|
(12) |
in Annex XXI, point 2.2 is replaced by the following:
|
(13) |
Annex XXII is amended as follows:
|
(14) |
Annex XXIII is amended as follows:
|
(15) |
Annex XXIV is amended as follows:
|
(16) |
Annex XXVI is amended as follows:
|
(17) |
in Annex XXIX, section 2 is replaced by the following: ‘2. Requirements for the cabin
|
(*1) Commission Delegated Regulation (EU) 2015/68 of 15 October 2014 supplementing Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to vehicle braking requirements for the approval of agricultural and forestry vehicles (OJ L 17, 23.1.2015, p. 1).’ ’
ANNEX III
Annexes I to IV to Delegated Regulation (EU) 2015/96 are amended as follows:
(1) |
Annex I is amended as follows:
|
(2) |
Annex II is amended as follows:
|
(3) |
Annex III is amended as follows:
|
(4) |
Annex IV is replaced by the following: ‘ANNEX IV Recognition of alternative type-approvals The following type-approvals and, where applicable, the approval marks are recognised as being equivalent to an approval under this Regulation:
|
ANNEX IV
Annexes I to V, VII, VIII, IX, XI, XII and XIII to Delegated Regulation (EU) 2015/68 are amended as follows:
(1) |
Annex I is amended as follows:
|
(2) |
Annex II is amended as follows:
|
(3) |
Annex III is amended as follows:
|
(4) |
Annex IV is amended as follows:
|
(5) |
in Annex V, point 2.2.1 is replaced by the following:
|
(6) |
Annex VII is amended as follows:
|
(7) |
Annex VIII is amended as follows:
|
(8) |
Annex IX is amended as follows:
|
(9) |
Annex XI is amended as follows:
|
(10) |
Annex XII is amended as follows:
|
(11) |
Annex XIII is amended as follows:
|
(*1) Commission Implementing Regulation (EU) 2015/504 of 11 March 2015 implementing Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to the administrative requirements for the approval and market surveillance of agricultural and forestry vehicles (OJ L 85, 28.3.2015, p. 1.).’ ’
(*2) If applicable
(*3) No test is required if the manufacturer can demonstrate that a change does not affect the stiffness.
ANNEX V
Annexes I, III, V, VII, X, XII to XV, XVII, XIX, XX, XXII, XXV to XXXI, XXXIII and XXXIV to Delegated Regulation (EU) 2015/208 are amended as follows:
(1) |
Annex I is amended as follows:
|
(2) |
in Annex III, point 2.6 is replaced by the following:
|
(3) |
Annex V is amended as follows:
|
(4) |
in Annex VII, point 2 is replaced by the following:
|
(5) |
Annex X is replaced by the following: ‘ANNEX X Requirements on driver information systems 1. Definitions “Virtual terminals” means electronic on-board information systems with display screens that provide an operator with visual information on the performance of the vehicle and its systems, and that allow the operator to monitor and control various functions via a touch screen or keypad. 2. Requirements
|
(6) |
Annex XII is amended as follows:
|
(7) |
Annex XIII is amended as follows:
|
(8) |
Annex XIV is replaced by the following: ‘ANNEX XIV Requirements on vehicle exterior and accessories 1. Definitions For the purposes of this Annex, the definitions in section 1 of Annex XII and in section 1 of Annex XXXIII shall apply. The following definitions shall also apply:
2. Scope
3. Requirements
|
(9) |
in Annex XV, Part 2 is amended as follows:
|
(10) |
in Annex XVII, points 1.1 and 1.2 are replaced by the following:
|
(11) |
Annex XIX is amended as follows:
|
(12) |
Annex XX is amended as follows:
|
(13) |
Annex XXII is amended as follows:
|
(14) |
in section 3 of Annex XXV, the second paragraph is replaced by the following: ‘If necessary, measure(s) for charge dissipation shall be provided. However, no charge dissipation system is required for fuel tanks designed for containing a fuel with a flash point of at least 55 °C. The flash point shall be determined in accordance with ISO 2719:2002.’ |
(15) |
in Annex XXVI, section 1 is replaced by the following: ‘1. General Vehicles of category R covered by this Regulation shall be designed so as to provide effective protection against underrunning from the rear by vehicles of categories M1 and N1 (*3). They shall comply with the requirements set out in sections 2 and 3 of this Annex, shall be granted a type-approval certificate set out in Annex V to Implementing Regulation (EU) 2015/504 and the EU type-approval mark, set out in point 5.2 of Annex IV to that Regulation, shall be affixed to the rear protective structure. |
(16) |
in Annex XXVII, points 2.4.1.1 and 2.4.1.2 are replaced by the following:
|
(17) |
in Annex XXVIII, section 7 is replaced by the following: ‘7. Length of the platform for tractors of categories T4.3 and T2
|
(18) |
Annex XXIX is amended as follows:
|
(19) |
Annex XXX is amended as follows:
|
(20) |
in Annex XXXI, point 1.1 is replaced by the following:
|
(21) |
Annex XXXIII is amended as follows:
|
(22) |
Annex XXXIV is amended as follows:
|
(*1) Commission Delegated Regulation (EU) 2015/68 of 15 October 2014 supplementing Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to vehicle braking requirements for the approval of agricultural and forestry vehicles (OJ L 17, 23.1.2015, p. 1).’
(*2) Commission Delegated Regulation (EU) No 1322/2014 of 19 September 2014 supplementing and amending Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to vehicle construction and general requirements for the approval of agricultural and forestry vehicles (OJ L 364, 18.12.2014, p. 1).’ ’
(*3) As defined in Part A of Annex II to Directive 2007/46/EC.’