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Document 02013R0167-20241127
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 (Text with EEA relevance)
Consolidated text: 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 (Text with EEA relevance)
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 (Text with EEA relevance)
02013R0167 — EN — 27.11.2024 — 006.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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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 (OJ L 060 2.3.2013, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION DELEGATED REGULATION (EU) No 1322/2014 of 19 September 2014 |
L 364 |
1 |
18.12.2014 |
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REGULATION (EU) 2016/1628 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 September 2016 |
L 252 |
53 |
16.9.2016 |
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COMMISSION DELEGATED REGULATION (EU) 2016/1788 of 14 July 2016 |
L 277 |
1 |
13.10.2016 |
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COMMISSION DELEGATED REGULATION (EU) 2018/830 of 9 March 2018 |
L 140 |
15 |
6.6.2018 |
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REGULATION (EU) 2019/519 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 March 2019 |
L 91 |
42 |
29.3.2019 |
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REGULATION (EU) 2024/2838 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2024 |
L 2838 |
1 |
7.11.2024 |
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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
(Text with EEA relevance)
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter
This Regulation does not apply to the approval of individual vehicles. However, Member States granting such individual approvals shall accept any type-approval of vehicles, systems, components and separate technical units granted under this Regulation instead of under the relevant national provisions.
Article 2
Scope
Specifically, this Regulation shall apply to the following vehicles:
tractors (categories T and C);
trailers (category R); and
interchangeable towed equipment (category S).
For the following vehicles, the manufacturer may choose whether to apply for approval under this Regulation or whether to comply with the relevant national requirements:
trailers (category R) and interchangeable towed equipment (category S);
track-laying tractors (category C);
special purpose wheeled tractors (categories T4.1 and T4.2).
Article 3
Definitions
For the purposes of this Regulation and of the acts listed in Annex I, except as otherwise provided therein, the following definitions shall apply:
‘type-approval’ means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements;
‘whole-vehicle type-approval’ means a type-approval whereby an approval authority certifies that an incomplete, complete or completed vehicle type satisfies the relevant administrative provisions and technical requirements;
‘system type-approval’ means a type-approval whereby an approval authority certifies that a system built into a vehicle of a specific type satisfies the relevant administrative provisions and technical requirements;
‘component type-approval’ means a type-approval whereby an approval authority certifies that a component independently of a vehicle satisfies the relevant administrative provisions and technical requirements;
‘separate technical unit type-approval’ means a type-approval whereby an approval authority certifies that a separate technical unit satisfies the relevant administrative provisions and technical requirements in relation to one or more specified types of vehicles;
‘national type-approval’ means a type-approval procedure laid down by the national law of a Member State, the validity of such approval being restricted to the territory of that Member State;
‘EU type-approval’ means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of this Regulation;
‘tractor’ means any motorised, wheeled or tracked agricultural or forestry vehicle having at least two axles and a maximum design speed of not less than 6 km/h, the main function of which lies in its tractive power and which has been especially designed to pull, push, carry and actuate certain interchangeable equipment designed to perform agricultural or forestry work, or to tow agricultural or forestry trailers or equipment; it may be adapted to carry a load in the context of agricultural or forestry work and/or may be equipped with one or more passenger seats;
‘trailer’ means any agricultural or forestry vehicle intended mainly to be towed by a tractor and intended mainly to carry loads or to process materials and where the ratio of the technically permissible maximum laden mass to the unladen mass of that vehicle is equal to or greater than 3,0;
‘interchangeable towed equipment’ means any vehicle used in agriculture or forestry which is designed to be towed by a tractor, changes or adds to its functions, permanently incorporates an implement or is designed to process materials, which may include a load platform designed and constructed to receive any tools and appliances needed for those purposes and to store temporarily any materials produced or needed during work and where the ratio of the technically permissible maximum laden mass to the unladen mass of that vehicle is less than 3,0;
‘vehicle’ means any tractor, trailer or interchangeable towed equipment as defined in points 8, 9 and 10;
‘base vehicle’ means any vehicle which is used at the initial stage of a multi-stage type-approval process;
‘incomplete vehicle’ means any vehicle which must undergo at least one further stage of completion in order to meet the relevant technical requirements of this Regulation;
‘completed vehicle’ means a vehicle, resulting from the process of multi-stage type-approval, which meets the relevant technical requirements of this Regulation;
‘complete vehicle’ means any vehicle which need not be completed in order to meet the relevant technical requirements of this Regulation;
‘end-of-series vehicle’ means any vehicle that is part of a stock which cannot be made available on the market or can no longer be made available on the market, registered or enter into service owing to the entry into force of new technical requirements against which it has not been approved;
‘system’ means an assembly of devices combined to perform one or more specific functions in a vehicle and which is subject to the requirements of this Regulation or any of the delegated or implementing acts adopted pursuant to this Regulation;
‘component’ means a device subject to the requirements of this Regulation or any of the delegated or implementing acts adopted pursuant to this Regulation, which is intended to be part of a vehicle and which may be type-approved independently of a vehicle in accordance with this Regulation and the delegated or implementing acts adopted pursuant to this Regulation, where such acts make express provision for so doing;
‘separate technical unit’ means a device subject to the requirements of this Regulation or any of the delegated or implementing acts adopted pursuant to this Regulation and intended to be part of a vehicle, which may be type-approved separately but only in relation to one or more specified types of vehicle, where such acts make express provision for so doing;
‘parts’ means goods used for the assembly of a vehicle as well as spare parts;
‘equipment’ means any goods other than parts which can be added to or installed on a vehicle;
‘original parts or equipment’ means parts or equipment which are manufactured according to the specifications and production standards provided by the vehicle manufacturer for the production of parts or equipment for the assembly of the vehicle in question; this includes parts or equipment which are manufactured on the same production line as these parts or equipment; it is presumed, unless the contrary is proven, that parts or equipment constitute original parts or equipment if the manufacturer certifies that the parts or equipment match the quality of the components used for the assembly of the vehicle in question and have been manufactured in accordance with the specifications and production standards of the vehicle manufacturer;
‘spare parts’ means goods which are to be installed in or on a vehicle so as to replace original parts of that vehicle, including goods such as lubricants which are necessary for the use of a vehicle, with the exception of fuel;
‘functional safety’ means the absence of unacceptable risk of physical injury or of damage to the health of persons or to property owing to hazards caused by mal-functional behaviour of mechanical, hydraulic, pneumatic, electrical or electronic systems, components or separate technical units;
‘manufacturer’ means any natural or legal person who is responsible to the approval authority for all aspects of the type-approval or authorisation process, for ensuring conformity of production and who is also responsible for market surveillance concerns for the vehicles, systems, components and separate technical units produced, whether or not the natural or legal person is directly involved in all stages of the design and construction of the vehicle, system, component or separate technical unit which is the subject of the approval process;
‘manufacturer’s representative’ means any natural or legal person established in the Union who is duly appointed by the manufacturer to represent the manufacturer before the approval authority or the market surveillance authority and to act on the manufacturer’s behalf in matters covered by this Regulation;
‘approval authority’ means the authority of a Member State established or appointed by the Member State and notified to the Commission by the Member State with competence for all aspects of the approval of a type of vehicle, system, component or separate technical unit, for the authorisation process, for issuing and, if appropriate, withdrawing or refusing approval certificates, for acting as the contact point for the approval authorities of other Member States, for designating the technical services and for ensuring that the manufacturer meets his obligations regarding the conformity of production;
‘technical service’ means an organisation or body designated by the approval authority of a Member State as a testing laboratory to carry out tests, or as a conformity assessment body to carry out the initial assessment and other tests or inspections, on behalf of the approval authority, it being possible for the approval authority itself to carry out those functions;
‘self-testing’ means the performance of tests in its own facilities, the registration of the test results and the submission of a report, including conclusions, to the approval authority by a manufacturer who has been designated as technical service in order to assess the compliance with certain requirements;
‘virtual testing method’ means computer simulations, including calculations, to demonstrate whether a vehicle, a system, a component or a separate technical unit fulfils the technical requirements of a delegated act adopted pursuant to Article 27(6) without requiring the use of a physical vehicle, system, component or separate technical unit;
‘type-approval certificate’ means the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is approved;
‘EU type-approval certificate’ means the certificate based on the template set out in the implementing act adopted pursuant to this Regulation or the communication form set out in the relevant UNECE regulations referred to in this Regulation or in the delegated acts adopted pursuant to this Regulation;
‘certificate of conformity’ means the document issued by the manufacturer, which certifies that the produced vehicle conforms to the approved vehicle type;
‘on-board diagnostic system’ or ‘OBD system’ means a system which has the capability to identify the likely area of malfunction by means of fault codes stored in a computer memory;
‘vehicle repair and maintenance information’ means all information required for diagnosis, servicing, inspection, periodic monitoring, repair, reprogramming or reinitialising of the vehicle and which the manufacturers provide for their authorised dealers and repairers, including all subsequent amendments and supplements to such information; that information includes all information required for the fitting of parts and equipment on vehicles;
‘independent operator’ means undertakings other than authorised dealers and repairers which are directly or indirectly involved in the repair and maintenance of vehicles, in particular repairers, manufacturers or distributors of repair equipment, tools or spare parts, publishers of technical information, automobile clubs, roadside assistance operators, operators offering inspection and testing services, operators offering training for installers, manufacturers and repairers of equipment for alternative fuel vehicles;
‘new vehicle’ means a vehicle which has never been previously registered or entered into service;
‘registration’ means the administrative authorisation for the entry into service including for road traffic of a vehicle, involving the identification of the latter and the issuing to it of a serial number to be known as the registration number, be it permanently, temporarily or for a short period of time;
‘placing on the market’ means making available a vehicle, system, component, separate technical unit, part or equipment for the first time in the Union;
‘entry into service’ means the first use, for its intended purpose, in the Union, of a vehicle, system, component, separate technical unit, part or equipment;
‘importer’ means any natural or legal person established in the Union who places on the market a vehicle, system, component, separate technical unit, part or equipment from a third country;
‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes available a vehicle, system, component, separate technical unit, part or equipment on the market;
‘economic operator’ means the manufacturer, the manufacturer’s representative, the importer or the distributor;
‘market surveillance’ means the activities carried out and measures taken by national authorities to ensure that vehicles, systems, components or separate technical units made available on the market comply with the requirements set out in the relevant Union harmonisation legislation and do not endanger health, safety or any other aspect of public interest protection;
‘market surveillance authority’ means an authority of a Member State responsible for carrying out market surveillance on its territory;
‘national authority’ means an approval authority or any other authority involved in and responsible for market surveillance, border control or registration in a Member State in respect of vehicles, systems, components, separate technical units, parts or equipment;
‘making available on the market’ means any supply of a vehicle, system, component, separate technical unit, part or equipment for distribution or use on the market in the course of a commercial activity, whether in return for payment or free of charge;
‘vehicle type’ means a group of vehicles, including variants and versions of the same category, that do not differ in at least the following essential respects:
‘variant’ means vehicles of the same type which do not differ in at least the following respects:
for tractors:
for trailers or interchangeable towed equipment:
‘hybrid vehicle’ means a powered vehicle equipped with at least two different energy converters and two different energy storage systems (on-vehicle) for the purpose of vehicle propulsion;
‘hybrid electric vehicle’ means a vehicle that, for the purpose of mechanical propulsion, draws energy from both of the following on-vehicle sources of stored energy/power:
a consumable fuel;
a battery, capacitor, flywheel/generator or other electrical energy or power storage device.
This definition also includes vehicles which draw energy from a consumable fuel only for the purpose of recharging the electrical energy/power storage device;
‘pure electric vehicle’ means a vehicle powered by a system consisting of one or more electric energy storage devices, one or more electric power conditioning devices and one or more electric machines that convert stored electric energy to mechanical energy delivered at the wheels for propulsion of the vehicle;
‘version of a variant’ means vehicles which consist of a combination of items shown in the information package referred to in Article 24(10).
References in this Regulation to requirements, procedures or arrangements laid down in this Regulation shall be read as references to such requirements, procedures or arrangements laid down in this Regulation and in the delegated and implementing acts adopted pursuant to this Regulation.
Article 4
Vehicle categories
For the purposes of this Regulation the following vehicle categories shall apply:
‘category T’ comprises all wheeled tractors; each wheeled tractor category described in points 2 to 8 is supplemented at the end by an ‘a’ or ‘b’ index according to its design speed:
‘a’ for wheeled tractors with a maximum design speed below or equal to 40 km/h;
‘b’ for wheeled tractors with a maximum design speed above 40 km/h;
‘category T1’ comprises wheeled tractors, with the closest axle to the driver having a minimum track width of not less than 1 150 mm, with an unladen mass, in running order, of more than 600 kg, and with a ground clearance of not more than 1 000 mm; for tractors with a reversible driving position (reversible seat and steering wheel), the closest axle to the driver is the one fitted with the largest diameter tyres;
‘category T2’ comprises wheeled tractors with a minimum track width of less than 1 150 mm, with an unladen mass, in running order, of more than 600 kg, with a ground clearance of not more than 600 mm; if the height of the centre of gravity of the tractor (determined in accordance with ISO standard 789-6:1982 and measured in relation to the ground) divided by the average minimum track for each axle exceeds 0,90, the maximum design speed shall be restricted to 30 km/h;
‘category T3’ comprises wheeled tractors with an unladen mass, in running order, of not more than 600 kg;
‘category T4’ comprises special purpose wheeled tractors;
‘category T4.1’ (high-clearance tractors) comprises tractors designed for working with high-growing crops, such as vines. They feature a raised chassis or section of chassis, enabling them to advance in parallel with the crop with left and right wheels on either side of one or more rows of the crop. They are intended for carrying or operating tools which may be fitted at the front, between the axles, at the rear or on a platform. When the tractor is in working position the ground clearance perpendicular to the crop rows exceeds 1 000 mm. Where the height of the centre of gravity of the tractor, measured in relation to the ground, using the tyres normally fitted, divided by the average minimum track of all of the axles exceeds 0,90, the maximum design speed shall not exceed 30 km/h;
‘category T4.2’ (extra-wide tractors) comprises tractors characterised by their large dimensions, primarily intended for working large areas of farmland;
‘category T4.3’ (low-clearance tractors) comprises four-wheel drive tractors whose interchangeable equipment is intended for agricultural or forestry use and which are characterised by a supporting frame, equipped with one or more power take-offs, having a technically permissible mass no greater than 10 tonnes, for which the ratio of this mass to the maximum unladen mass in running order is less than 2,5 and having the centre of gravity, measured in relation to the ground using the tyres normally fitted, of less than 850 mm;
‘category C’ comprises track-laying tractors propelled by endless tracks or by a combination of wheels and endless tracks, with subcategories defined by analogy with category T;
‘category R’ comprises trailers; each trailer category described in points 11 to 14 is supplemented at the end by an ‘a’ or ‘b’ index, according to its design speed:
‘a’ for trailers with a maximum design speed below or equal to 40 km/h;
‘b’ for trailers with a maximum design speed above 40 km/h;
‘category R1’ comprises trailers, the sum of the technically permissible masses per axle of which does not exceed 1 500 kg;
‘category R2’ comprises trailers, the sum of the technically permissible masses per axle of which exceeds 1 500 kg but does not exceed 3 500 kg;
‘category R3’ comprises trailers, the sum of the technically permissible masses per axle of which exceeds 3 500 kg but does not exceed 21 000 kg;
‘category R4’ comprises trailers, the sum of the technically permissible masses per axle of which exceeds 21 000 kg;
‘category S’ comprises interchangeable towed equipment.
Each category of interchangeable towed equipment is supplemented at the end by an ‘a’ or ‘b’ index, according to its design speed:
‘a’ for interchangeable towed equipment with a maximum design speed below or equal to 40 km/h;
‘b’ for interchangeable towed equipment with a maximum design speed above 40 km/h;
‘category S1’ comprises interchangeable towed equipment, the sum of the technically permissible masses per axle of which does not exceed 3 500 kg;
‘category S2’ comprises interchangeable towed equipment, the sum of the technically permissible masses per axle of which exceeds 3 500 kg.
CHAPTER II
GENERAL OBLIGATIONS
Article 5
Obligations of Member States
The notification of the approval and market surveillance authorities shall include their name, address, including electronic address, and area of responsibility. The Commission shall publish on its website a list and details of the approval authorities.
Article 6
Obligations of approval authorities
Article 7
Market surveillance measures
Market surveillance authorities may require economic operators to make such documentation and information available as is deemed necessary for the purpose of carrying out their activities.
Where economic operators present certificates of conformity, market surveillance authorities shall take due account of such certificates.
Article 8
Obligations of manufacturers
Article 9
Obligations of manufacturers concerning their products that are not in conformity or that present a serious risk
The manufacturer shall immediately inform the approval authority which granted the approval, giving details, in particular, of the non-conformity and of any corrective measures taken.
Article 10
Obligations of manufacturer’s representatives concerning market surveillance
The manufacturer’s representative for market surveillance shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall allow a representative to do at least the following:
have access to the information folder referred to in Article 22 and the certificates of conformity referred to in Article 33 so that they can be placed at the disposal of the approval authorities for a period of 10 years after the placing on the market of a vehicle and for a period of five years after the placing on the market for a system, component or separate technical unit;
following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit;
cooperate with the approval or market surveillance authorities, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by their mandate.
Article 11
Obligations of importers
Article 12
Obligations of importers concerning their products that are not in conformity or that present a serious risk
Article 13
Obligations of distributors
Article 14
Obligations of distributors concerning their products that are not in conformity or that present a serious risk
Article 15
Cases in which obligations of manufacturers apply to importers and distributors
An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Articles 8 to 10, where the importer or distributor makes available on the market, registers or is responsible for the entry into service of a vehicle, system, component or separate technical unit under its name or trademark or modifies a vehicle, system, component or separate technical unit in such a way that compliance with the applicable requirements may be affected.
Article 16
Identification of economic operators
Economic operators shall, on request, identify the following to the approval and market surveillance authorities, for a period of five years:
any economic operator who has supplied them with a vehicle, system, component, separate technical unit, part or equipment;
any economic operator to whom they have supplied a vehicle, system, component, separate technical unit, part or equipment.
CHAPTER III
SUBSTANTIVE REQUIREMENTS
Article 17
Requirements for the functional safety of vehicles
Manufacturers shall ensure that vehicles, systems, components and separate technical units comply with the relevant requirements set out in this Regulation including the requirements relating to:
vehicle structure integrity;
systems to aid the control of the vehicle by the driver, in particular as regards steering and braking systems, including advanced braking systems and electronic stability control systems;
systems to provide the driver with visibility and information on the state of the vehicle and the surrounding area, including glazing, mirrors and driver information systems;
vehicle lighting systems;
vehicle occupant protection, including interior fittings, head restraint, seat belts, vehicle doors;
vehicle exterior and accessories;
electromagnetic compatibility;
audible warning devices;
heating systems;
devices to prevent unauthorised use;
vehicle identification systems;
masses and dimensions;
electrical safety, including static electricity;
rear protective structures;
lateral protection;
load platforms;
towing devices;
tyres;
spray-suppression systems;
reverse gear;
tracks;
mechanical couplings, including protection against errors of fitting.
These detailed requirements shall be such as to increase or at least maintain the level of functional safety provided for by the Directives referred to in Article 76(1) and Article 77, and shall ensure the following:
vehicles with a maximum design speed of more than 40 km/h meet an equivalent level of functional safety with regard to brake performance and, where appropriate, anti-lock braking systems as motor vehicles and their trailers;
the maximum contact pressure exerted on hard road surface from tyres or tracks does not exceed 0,8 MPa.
Article 18
Requirements for occupational safety
Manufacturers shall ensure that vehicles, systems, components and separate technical units comply with the relevant requirements set out in this Regulation including the requirements relating to:
roll-over protection structures (‘ROPS’);
falling objects protection structures (‘FOPS’);
passenger seats;
driver’s exposure to noise level;
driving seat;
operating space and access to the driving position, including protection against slipping, tripping or falling;
power take-offs;
protection of drive components;
seat-belt anchorage points;
safety belts;
protection of driver against penetrating objects (Operator Protection Structures, ‘OPS’);
protection of driver against hazardous substances;
protection from exposure to parts or materials at extreme temperatures;
operators manual;
controls, including safety and reliability of control systems, emergency and automatic stop devices;
protection against mechanical hazards, other than the ones mentioned in points (a), (b), (g) and (k), including protection against rough surfaces, sharp edges and angles, rupture of pipes carrying fluids and uncontrolled movement of the vehicle;
operation and maintenance, including safe cleaning of the vehicle;
guards and protective devices;
information, warnings and markings;
materials and products;
batteries.
Those detailed technical requirements shall be such as to increase or at least maintain the level of occupational safety provided for by the Directives referred to in Article 76(1) and Article 77, taking into account ergonomics (including protection against foreseeable misuse, usability of control systems, accessibility of controls to avoid their unintentional activation, adaptation of the person/vehicle interface to the foreseeable characteristics of the driver, vibrations and operator intervention), stability and fire safety.
Article 19
Requirements for environmental performance
Manufacturers shall ensure that vehicles, systems, components and separate technical units comply with the relevant requirements set out in this Regulation, including the requirements relating to:
pollutant emissions;
external sound level.
For the purposes of the placing on the market, registration or entry into service of tractors of categories T2, T4.1 and C2, the engines in the power range 56-130 kW meeting the Stage III B requirements shall be considered to be transition engines as defined in point (32) of Article 3 of Regulation (EU) 2016/1628.
The limit values for the specific external sound levels shall not exceed the following levels:
89 dB(A) for tractors with an unladen mass, in running order, of more than 1 500 kg;
85 dB(A) for tractors with an unladen mass, in running order, of not more than 1 500 kg.
They shall be measured in accordance with the test procedures laid down in the delegated acts referred to in paragraph 6.
Those specific technical requirements shall be such as to increase or at least maintain the level of environmental performance provided for by the Directives referred to in Article 76(1) and, where applicable, Article 77.
By way of derogation from the principle set out in the second subparagraph, the Commission shall be empowered to amend, by 31 December 2016, Commission Delegated Regulation (EU) 2015/96 ( 3 ), so that:
for the purposes of EU type-approval for tractors of categories T2, T4.1 and C2, the period of postponement set out in Article 11(4) of Delegated Regulation (EU) 2015/96 is four years; and
under the flexibility scheme referred to in Article 14 of Delegated Regulation (EU) 2015/96, the flexibility allowed pursuant to point 1.1.1 of Annex V to that Delegated Regulation is increased to 150 % for tractors of categories T2, T4.1 and C2.
CHAPTER IV
EU TYPE-APPROVAL PROCEDURES
Article 20
Procedures for EU type-approval
When applying for a whole-vehicle type-approval, the manufacturer may choose one of the following procedures:
step-by-step type-approval;
single-step type-approval;
mixed type-approval.
In addition, the manufacturer may choose multi-stage type-approval.
Only the single-step type-approval procedure is applicable for the type-approval of systems, components or separate technical units.
Multi-stage type-approval shall be granted in respect of a type of incomplete or completed vehicle which conforms to the particulars in the information folder provided for in Article 22 and which meets the technical requirements laid down in the relevant acts listed in Annex I, having regard to the state of completion of the vehicle.
Article 21
Application for type-approval
Article 22
Information folder
The information folder shall include the following:
an information document;
all data, drawings, photographs and other information;
for vehicles, an indication of the procedure(s) chosen in accordance with Article 20(1);
any additional information requested by the approval authority in the context of the application procedure.
Article 23
Specific requirements for information to be provided in the application for type-approval under different procedures
In the case of the type-approval of a system, component or separate technical unit, pursuant to the applicable acts listed in Annex I, the approval authority shall have access to the related information folder until such time as the approval is either issued or refused.
Without prejudice to paragraphs 1, 2 and 3, the following information shall be supplied for the purposes of multi-stage type-approval:
in the first stage, those parts of the information folder and the EU type-approval certificates which are relevant to the state of completion of the base vehicle;
in the second and subsequent stages, those parts of the information folder and the EU type-approval certificates which are relevant to the current stage of construction, together with a copy of the EU type-approval certificate for the vehicle issued at the preceding stage of construction and full details of any changes or additions that the manufacturer has made to the vehicle.
The information specified in points (a) and (b) of the first subparagraph of this paragraph may be supplied in accordance with paragraph 3.
CHAPTER V
CONDUCT OF EU TYPE-APPROVAL PROCEDURES
Article 24
General provisions
Article 25
Specific provisions concerning the EU type-approval certificate
The EU type-approval certificate shall contain, as attachments, the following:
the information package referred to in Article 24(10);
the test results sheet;
the name(s) and specimen(s) of the signature(s) of the person(s) authorised to sign certificates of conformity and a statement of their position in the company;
in the case of an EU whole-vehicle type-approval, a filled-out specimen of the certificate of conformity.
In respect of each type of vehicle, the approval authority shall:
complete all the relevant sections of the EU type-approval certificate, including the test results sheet appended thereto;
compile the index to the information package;
issue the completed certificate, together with its attachments, to the applicant without delay.
The Commission shall lay down the template for the test results sheet referred to in point (a) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 69(2). The first such implementing acts shall be adopted by 31 December 2014.
Article 26
Specific provisions concerning systems, components or separate technical units
In such cases, the EU type-approval certificate shall specify any restriction on the use of the component or separate technical unit and shall indicate the special conditions for its mounting.
Where such a component or separate technical unit is fitted by the vehicle manufacturer, compliance with any applicable restrictions on use or conditions for mounting shall be verified at the time when the vehicle is approved.
Article 27
Tests required for EU type-approval
The test procedures referred to in the first subparagraph and the specific equipment and tools prescribed to perform those tests shall be those laid down in the relevant acts listed in Annex I.
The format of the test report shall comply with the general requirements as laid down by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 69(2). The first such implementing acts shall be adopted by 31 December 2014.
However, the manufacturer may select, in agreement with the approval authority, a vehicle, system, component or separate technical unit which, while not representative of the type to be approved, combines a number of the most unfavourable features with regard to the required level of performance. Virtual testing methods may be used to aid decision-making during the selection process.
Article 28
Conformity of production arrangements
CHAPTER VI
AMENDMENTS TO EU TYPE-APPROVALS
Article 29
General provisions
That approval authority shall decide which of the procedures laid down in Article 30 is to be followed.
Where necessary, the approval authority may decide, after consulting the manufacturer, that a new EU type-approval is to be granted.
The procedures referred to in Article 30 shall apply only if, on the basis of those inspections or tests, the approval authority concludes that the requirements for EU type-approval continue to be fulfilled.
Article 30
Revisions and extensions of EU type-approvals
In such cases, the approval authority shall issue the revised pages of the information package as necessary, marking each revised pages to show clearly the nature of the change and the date of reissue. A consolidated, updated version of the information package, accompanied by a detailed description of the changes, shall be deemed to meet that requirement.
The amendment shall be designated an ‘extension’ when particulars recorded in the information package have changed and any of the following occurs:
further inspections or tests are required;
any information on the EU type-approval certificate, with the exception of its attachments, has changed;
new requirements under any act listed in Annex I become applicable to the approved vehicle type or to the approved system, component or separate technical unit.
In the event of an extension, the approval authority shall issue an updated EU type-approval certificate denoted by an extension number, incremented in accordance with the number of successive extensions already granted. That approval certificate shall clearly show the reason for the extension and the date of reissue.
Article 31
Issue and notification of amendments
CHAPTER VII
VALIDITY OF EU TYPE-APPROVAL
Article 32
Termination of validity
An EU type-approval of a vehicle shall become invalid in any of the following cases:
new requirements applicable to the approved vehicle type become mandatory for the making available on the market, registration, or entry into service of vehicles, and it is not possible to update the type-approval accordingly;
production of the approved vehicle is definitively discontinued voluntarily;
the validity of the approval expires by virtue of a restriction in accordance with Article 35(6);
the approval has been withdrawn in accordance with Article 28(5), Article 44(1) or Article 47(4).
Within one month of receiving the notification referred to in the first subparagraph, the approval authority which granted the EU type-approval for the vehicle shall inform the approval authorities of the other Member States accordingly.
The approval authority that granted the EU type-approval shall without delay communicate all relevant information to the approval authorities of the other Member States so as to enable the application, where appropriate, of Article 39.
The communication referred to in the second subparagraph shall specify, in particular, the date of production and the vehicle identification number of the last vehicle produced.
CHAPTER VIII
CERTIFICATE OF CONFORMITY AND MARKINGS
Article 33
Certificate of conformity
Such a certificate shall be delivered free of charge to the buyer together with the vehicle. Its delivery may not be made dependent on an explicit request or the submission of additional information to the manufacturer.
For a period of 10 years after the production date of the vehicle, the vehicle manufacturer shall, at the request of the vehicle owner, issue a duplicate of the certificate of conformity against a payment not exceeding the cost of issuing it. The word ‘duplicate’ shall be clearly visible on the face of any duplicate certificate.
Article 34
Statutory plate with the appropriate marking of vehicles and type-approval mark of components or separate technical units
Where no such type-approval mark is required, the manufacturer shall affix at least the trade name or trade mark of the manufacturer, the type number or an identification number.
CHAPTER IX
EXEMPTIONS FOR NEW TECHNOLOGIES OR NEW CONCEPTS
Article 35
Exemptions for new technologies or new concepts
The approval authority shall grant the EU type-approval referred to in paragraph 1 where all of the following conditions are met:
the application states the reasons why the technologies or concepts in question make the system, component or separate technical unit incompatible with one or more acts listed in Annex I;
the application describes the safety and environmental implications of the new technology and the measures taken in order to ensure at least an equivalent level of safety and environmental protection as that provided by the requirements from which exemption is sought;
test descriptions and results are presented which prove that the condition in point (b) is met.
The provisional nature and the limited territorial validity shall be apparent from the heading of the type-approval certificate and the heading of the certificate of conformity. The Commission may adopt implementing acts in order to provide for harmonised templates for the type-approval certificate and the certificate of conformity for the purposes of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 69(2).
However, vehicles manufactured in conformity with the provisional approval before it ceases to be valid may be placed on the market, registered or entered into service in any Member State that accepted the provisional approval.
Article 36
Subsequent adaptation of delegated and implementing acts
Where the exemption under Article 35 relates to a UNECE regulation, the Commission shall propose an amendment to the relevant UNECE regulation in accordance with the procedure applicable under the Revised 1958 Agreement.
If the necessary steps to adapt the delegated or implementing acts have not been taken, the Commission may, at the request of the Member State which granted the approval, authorise, by means of a decision in the form of an implementing act adopted in accordance with the examination procedure referred to in Article 69(2), the Member State to extend the type-approval.
CHAPTER X
VEHICLES PRODUCED IN SMALL SERIES
Article 37
National type-approval of small series
For the national type-approval of small series, the approval authority may, if it has reasonable grounds to do so, waive one or more of the provisions of this Regulation and one or more of the provisions of one or more of the acts listed in Annex I, provided that it specifies alternative requirements.
CHAPTER XI
MAKING AVAILABLE ON THE MARKET, REGISTRATION OR ENTRY INTO SERVICE
Article 38
Making available on the market, registration or entry into service of vehicles
Where such vehicles are incomplete, making available on the market or entry into service of such vehicles is permitted, but the authorities responsible for vehicle registration of the Member States may refuse to allow the registration and use on the road of such vehicles.
Article 39
Making available on the market registration or entry into service of end-of-series vehicles
The first subparagraph shall apply only to vehicles within the territory of the Union which were covered by a valid EU type-approval at the time of their production, but which had neither been registered nor entered into service before that EU type-approval lost its validity.
The national authority concerned shall decide, within three months of receiving the request, whether and in what number to permit the registration of those vehicles within their territory.
Article 40
Making available on the market or entry into service of components and separate technical units
CHAPTER XII
SAFEGUARD CLAUSES
Article 41
Procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk at national level
Where, in the course of that evaluation, the approval authority that granted the approval finds that the vehicle, system, component or separate technical unit does not comply with the requirements laid down in this Regulation, it shall without delay require the relevant economic operator to take all appropriate corrective action to bring the vehicle, system, component or separate technical unit into compliance with those requirements, to withdraw the vehicle, system, component or separate technical unit from the market, or to recall it within a reasonable period, commensurate with the nature of the risk.
Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.
The information provided shall include all available details, in particular the data necessary for the identification of the non-compliant vehicle, system, component or separate technical unit, its origin, the nature of the non-conformity alleged and the risk involved, the nature and duration of the national measures taken, and the arguments put forward by the relevant economic operator. In particular, the approval authorities shall indicate whether the non-conformity is due to either of the following:
failure of the vehicle, system, component or separate technical unit to meet requirements relating to the health or safety of persons, the protection of the environment or to other aspects of the protection of public interests covered by this Regulation;
shortcomings in the relevant acts listed in Annex I.
Article 42
Union safeguard procedure
The Commission shall communicate its decision to all Member States and to the relevant economic operator or operators.
Where the national measure is considered justified and is attributed to shortcomings in this Regulation or in delegated or implementing acts adopted pursuant to this Regulation, the Commission shall propose appropriate measures as follows:
where delegated or implementing acts adopted pursuant to this Regulation are concerned, the Commission shall propose the necessary amendments to the act concerned;
where UNECE regulations are concerned, the Commission shall propose the necessary draft amendments to the relevant UNECE regulations in accordance with the procedure applicable under the Revised 1958 Agreement.
Article 43
Compliant vehicles, systems, components or separate technical units that present a serious risk
Article 44
Vehicles, systems, components or separate technical units not in conformity with the approved type
The approval authority shall request the approval authority which granted the EU type-approval for a system, component, separate technical unit or incomplete vehicle to take the necessary action to ensure that vehicles in production are brought back into conformity with the approved type in the following cases:
for an EU vehicle type-approval, where the non-conformity of a vehicle is attributable exclusively to the non-conformity of a system, component or separate technical unit;
for a multi-stage type-approval, where the non-conformity of a completed vehicle is attributable exclusively to the non-conformity of a system, component or separate technical unit that forms part of the incomplete vehicle or to the non-conformity of the incomplete vehicle itself.
The approval authorities shall inform each other within one month of any withdrawal of EU type-approval and of the reasons therefor.
Article 45
Placing on the market and entry into service of parts or equipment that may pose a serious risk to the correct functioning of essential systems
In order to ensure the uniform application of paragraph 1, the Commission may adopt implementing acts to draw up a list of such parts or equipment on the basis of available information, and in particular information communicated by the Member States regarding:
the seriousness of the risk to the safety or environmental performance of vehicles fitted with the parts or equipment in question;
the possible effect on consumers and after-market manufacturers of the imposition under this Article of a possible authorisation requirement for parts or equipment.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 69(2).
Article 46
Parts or equipment that may pose a serious risk to the correct functioning of essential systems — related requirements
If so requested by the competent authority of another Member State, the approval authority which has given the authorisation shall, within one month of receiving that request, send to the former a copy of the requested authorisation certificate together with the attachments by means of a common secure electronic exchange system. The copy may also take the form of a secure electronic file.
When the approval authority is satisfied, taking account of the test report and other evidence, that the parts or equipment in question comply with the requirements referred to in Article 45(4), it shall authorise the parts or equipment to be placed on the market and to be entered into service, subject to the second subparagraph of paragraph 4 of this Article.
The approval authority shall issue a certificate to the manufacturer without delay.
The manufacturer shall be responsible for ensuring that the parts or equipment are produced and continue to be produced under the conditions under which the authorisation was issued.
Where the approval authority finds that the conditions for issuing the authorisation are no longer fulfilled, it shall request the manufacturer to take the necessary measures to ensure that the parts or equipment are brought back into conformity. If necessary, it shall withdraw the authorisation.
Article 47
Recall of vehicles, systems, components or separate technical units
The approval authorities shall ensure that the remedies are effectively implemented in their respective Member States.
The approval authority that granted the EU type-approval shall then inform the manufacturer. If the manufacturer does not propose and implement effective corrective measures, the approval authority which granted the EU type-approval shall take all protective measures required, including the withdrawal of the EU type-approval. In the case of withdrawal of the EU type-approval, the approval authority shall within one month of such withdrawal notify the manufacturer, the approval authorities of the other Member States and the Commission by registered letter or equivalent electronic means.
Article 48
Notification of decisions and remedies available
CHAPTER XIII
INTERNATIONAL REGULATIONS
Article 49
UNECE regulations required for EU type-approval
That delegated act shall specify the dates of compulsory application of the UNECE regulation or of amendments thereto and shall include transitional provisions where appropriate.
The Commission shall adopt separate delegated acts indicating the mandatory application of UNECE regulations.
Article 50
Recognition of OECD test reports for the purpose of EU type-approval
CHAPTER XIV
PROVISION OF TECHNICAL INFORMATION
Article 51
Information intended for users
Article 52
Information intended for manufacturers of components or separate technical units
The vehicle manufacturer may impose a binding agreement on the manufacturers of components or separate technical units to protect the confidentiality of any information which is not in the public domain, including information related to intellectual property rights.
Where a delegated act adopted pursuant to this Regulation so provides, the manufacturer of components or separate technical units shall provide, together with the components or separate technical units produced, instructions regarding restrictions on use or special mounting conditions or both.
CHAPTER XV
ACCESS TO REPAIR AND MAINTENANCE INFORMATION
Article 53
Manufacturers’ obligations
Software critical to the correct functioning of the safety and environmental control system may be protected against unauthorised manipulations. However, any manipulation of those systems necessary for repair and maintenance or accessible to authorised dealers or repairers shall also be made accessible to independent operators in a non-discriminatory manner.
Manufacturers shall provide access on a non-discriminatory basis to training material and relevant working tools to authorised dealers, repairers and independent operators. Such access shall include, where applicable, adequate training with regard to the download of software, diagnostic trouble codes management and the use of working tools.
Without prejudice to paragraph 1, the information referred to there shall include:
the tractor type and model;
an unequivocal vehicle identification number;
service handbooks including repair and maintenance records and service schedules;
technical manuals and technical service bulletins;
component and diagnosis information (such as minimum and maximum theoretical values for measurements);
wiring diagrams;
diagnostic trouble codes, including manufacturer specific codes;
all information needed to install new or updated software on a new vehicle or vehicle type (for instance software part number);
information concerning, and delivered by means of, proprietary tools and equipment;
data record information, test data and any other technical information (such as two-directional monitoring data, if applicable to the technology used);
standard work units or time periods for repair and maintenance tasks if made available, either directly or through a third party, to manufacturers’ authorised dealers and repairers.
In the event that such information is not available, or does not conform to this Regulation and the delegated and implementing acts adopted pursuant to this Regulation which are applicable when applying for EU type-approval or national type-approval, the manufacturer shall provide it within six months from the date of approval.
The Commission may adopt an implementing act in order to lay down a template of a certificate on access to vehicle OBD and vehicle repair and maintenance information providing such proof of compliance to the approval authority. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 69(2).
Article 54
Obligations with regard to several type-approval holders
In the event of step-by-step type-approval, mixed type-approval and multi-stage type-approval, the manufacturer responsible for the respective type-approval shall also be responsible for communicating repair information relating to the particular system, component or separate technical unit or to the particular stage to both the final manufacturer and independent operators.
The final manufacturer shall be responsible for providing information about the whole vehicle to independent operators.
Article 55
Fees for access to vehicle repair and maintenance information
Article 56
Forum on Access to Vehicle Information
The scope of application of the activities carried out by the Forum on Access to Vehicle Information established in accordance with Article 13(9) of Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (euro 5 and euro 6) and on access to vehicle repair and maintenance information ( 5 ) shall be extended to the vehicles covered by this Regulation.
On the basis of evidence of deliberate or unintentional misuse of vehicle OBD and vehicle repair and maintenance information, the Forum referred to in the first paragraph shall advise the Commission on measures to prevent such misuse of information.
CHAPTER XVI
DESIGNATION AND NOTIFICATION OF TECHNICAL SERVICES
Article 57
Requirements relating to technical services
A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of vehicles, systems, components or separate technical units which it assesses, tests or inspects may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered as fulfilling the requirements of the first subparagraph.
A technical service shall ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of the categories of activities for which it has been designated.
A technical service shall be capable of carrying out all the categories of activities for which it has been designated in accordance with Article 59(1), by demonstrating to the satisfaction of its designating approval authority, that it has:
personnel with appropriate skills, specific technical knowledge and vocational training as well as sufficient and appropriate experience to perform the task;
descriptions of the procedures relevant for the categories of activities for which it is seeking to be designated, ensuring the transparency and reproducibility of those procedures;
procedures for the performance of the categories of activities for which it is seeking to be designated which take due account of the degree of complexity of the technology of the vehicle, system, component or separate technical unit in question, and the mass or serial nature of the production process; and
means necessary to perform in an appropriate manner the tasks connected with the categories of activities for which it is seeking to be designated and that it has access to all necessary equipment or facilities.
In addition, it shall demonstrate to the designating approval authority its compliance with the standards laid down in the delegated acts adopted pursuant to Article 61 which are relevant for the categories of activities for which it is designated.
Article 58
Subsidiaries of and subcontracting by technical services
Article 59
Designation of technical services
Technical services shall be designated for one or more of the following categories of activities, depending on their field of competence:
category A: technical services which carry out in their own facilities the tests referred to in this Regulation and in the acts listed in Annex I;
category B: technical services which supervise the tests referred to in this Regulation and in the acts listed in Annex I, where such tests are performed in the manufacturer’s facilities or in the facilities of a third party;
category C: technical services which assess and monitor on a regular basis the manufacturer’s procedures for controlling conformity of production;
category D: technical services which supervise or perform tests or inspections for the surveillance of conformity of production.
Article 60
Accredited in-house technical services of the manufacturer
An accredited in-house technical service shall meet the following requirements:
in addition to being designated by the approval authority of a Member State it shall be accredited by a national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008 and in accordance with the standards and procedure referred to in Article 61 of this Regulation;
the accredited in-house technical service and its personnel shall be organisationally identifiable and have reporting methods within the undertaking of which they form part which ensure their impartiality and demonstrate it to the relevant national accreditation body;
neither the accredited in-house technical service nor its personnel shall engage in any activity that might conflict with their independence of judgment or integrity in relation to the categories of activities for which they have been designated;
the accredited in-house technical service shall supply its services exclusively to the undertaking of which it forms part.
Article 61
Procedures for performance standards and assessment of technical services
In order to ensure that technical services meet the same high level of performance standards in all Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning the standards with which the technical services have to comply and the procedure for their assessment in accordance with Article 62 and their accreditation in accordance with Article 60.
Article 62
Assessment of the skills of the technical services
Article 63
Procedures for notification
Article 64
Changes to designations
Article 65
Challenge to the competence of technical services
Article 66
Operational obligations of technical services
Technical services shall supervise or shall themselves carry out the tests required for approval or inspections as set out in this Regulation or in one of the acts listed in Annex I, except where alternative procedures are permitted. The technical services shall not conduct tests, assessments or inspections for which they have not been duly designated by their approval authority.
Technical services shall at all times:
allow their designating approval authority to witness the technical service during the conformity assessment as appropriate; and
without prejudice to Article 57(9) and Article 67, provide their designating approval authority such information on their categories of activities falling under the scope of this Regulation as may be requested.
Article 67
Information obligations of technical services
Technical services shall inform their designating approval authority of the following:
any non-conformity encountered which may require a refusal, restriction, suspension or withdrawal of a type-approval certificate;
any circumstances affecting the scope of and conditions for their designation;
any request for information which they have received from market surveillance authorities regarding their activities.
CHAPTER XVII
IMPLEMENTING ACTS AND DELEGATED ACTS
Article 68
Implementing acts
For the purposes of achieving the objectives of this Regulation and in order to lay down uniform conditions for the implementation of this Regulation, the Commission shall, in accordance with the examination procedure referred to in Article 69(2), adopt implementing acts laying down the following implementing measures:
templates for the information document and for the information folder referred to in Article 22;
the numbering system of EU type-approval certificates referred to in Article 24(4);
the template for the EU type-approval certificate referred to in Article 25(2);
the template for the test results sheet appended to the EU type-approval certificate referred to in point (a) of Article 25(3);
the template for the list of applicable requirements or acts referred to in Article 25(6);
the general requirements for the format of test report referred to in Article 27(1);
the template for the certificate of conformity referred to in Article 33(2);
the model for the EU type-approval mark referred to in Article 34;
the authorisations to grant EU type-approvals exempting new technologies or new concepts referred to in Article 35(3);
the templates for the type-approval certificate and the certificate of conformity as regards new technologies or new concepts referred to in Article 35(4);
the authorisations to Member States to extend the type-approval referred to in Article 36(2);
the list of parts or equipment as referred to in Article 45(2);
the template and the numbering system for the certificate referred to in Article 46(3) as well as all aspects relating to the procedure of authorisation referred to in that Article;
the template for the certificate providing proof of compliance to the approval authority as referred to in Article 53(8).
Article 69
Committee procedure
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 70
Amendment of the Annexes
Without prejudice to the other provisions of this Regulation relating to the amendment of its Annexes, the Commission shall also be empowered to adopt delegated acts in accordance with Article 71 concerning amendments to Annex I in order to introduce regulatory act references and to take corrigenda into account.
Article 71
Exercise of the delegation
CHAPTER XVIII
FINAL PROVISIONS
Article 72
Penalties
The types of infringements which are subject to a penalty shall include:
making false declarations during approval procedures or procedures leading to a recall;
falsifying test results for type-approval or in-service conformity;
withholding data or technical specifications which could lead to recall, refusal or withdrawal of type-approval;
use of defeat devices;
refusal to provide access to information;
economic operators making available on the market vehicles, systems, components or separate technical units subject to approval without such approval or falsifying documents or markings with that intention.
Article 73
Transitional provisions
In such a case, national authorities shall not prohibit, restrict or impede the registration, placing on the market or entry into service of vehicles complying with the approved type.
▼M6 —————
Article 76
Repeal
Article 77
Amendment to Directive 2006/42/EC
The first indent of point (e) of Article 1(2) of Directive 2006/42/EC is replaced by the following:
agricultural and forestry tractors, with the exclusion of machinery mounted on those vehicles,’.
Article 78
Entry into force and application
From 22 March 2013, national authorities shall not refuse to grant EU type-approval or national type-approval for a new type of vehicle, or prohibit registration, placing on the market or entry into service of a new vehicle where the vehicle concerned complies with this Regulation and the delegated and implementing acts adopted pursuant to this Regulation, if a manufacturer so requests.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
LIST OF REQUIREMENTS FOR THE PURPOSES OF VEHICLE EU TYPE-APPROVAL
|
Nr. |
Article |
Subject |
Regulatory act reference |
Motor vehicles |
Vehicle categories |
|||||||||||||||||
|
T1a |
T1b |
T2a |
T2b |
T3a |
T3b |
T 4.1a |
T4.1b (+) |
T 4.2a |
T 4.2b (+) |
T 4.3a |
T4.3b |
Ca |
Cb (++) |
Ra |
Rb |
Sa |
Sb |
|||||
|
1 |
17(2)(a) |
Vehicle structure integrity |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
X |
X |
X |
X |
|
2 |
17(2)(b) |
Maximum design speed, speed governor and speed limitation devices |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
3 |
17(2)(b) |
Braking devices and trailer brake coupling |
RVBR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
4 |
17(2)(b) |
Steering for fast tractors |
RVFSR (based on ECE 79 REV [new number]) |
Y |
NA |
X |
NA |
X |
NA |
X |
NA |
X |
NA |
X |
NA |
X |
NA |
I |
NA |
NA |
NA |
NA |
|
5 |
17(2)(b) |
Steering |
RVFSR |
Y |
X |
NA |
X |
NA |
X |
NA |
X |
NA |
X |
NA |
X |
NA |
I |
NA |
NA |
NA |
NA |
NA |
|
6 |
17(2)(b) |
Speedometer |
►M3 RVFSR ◄ |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
|
7 |
17(2)(c) |
Field of vision and windscreen wipers |
RVFSR (based on ECE 71 REV. 1) |
Y |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
8 |
17(2)(c) |
Glazing |
RVFSR (based on ECE 43 Rev2 Am3 Sup11) |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
9 |
17(2)(c) |
Rear-view mirrors |
RVFSR |
Y |
X |
X |
X |
X |
►M3 X ◄ |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
10 |
17(2)(c) |
Driver information systems |
RVFSR |
Y |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
11 |
17(2)(d) |
Lighting, light signalling devices and their light sources |
RVFSR (based on ECE 3 Rev3 Am1 Sup11; ECE 4 Rev4 Sup14; ECE 5 Supplement 7 to the 02 series of amendments; ECE 6 Rev4 Sup17; ECE 7 Rev4 Sup15; ECE 19 Rev5 Sup1; ECE 23 Rev2 Sup15; ECE 31 Supplement 7 to the 02 series of amendments; ECE 37 Supplement 36 to the 03 series of amendments; ECE 38 Rev2 Sup14; ECE 98 Rev1 Sup11; ECE 99 Supplement 6 to the original version of the Regulation; ECE 112 01 series of amendments; ECE 113 Supplement 9 to the original version of the Regulation;) |
Y |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
12 |
17(2)(d) |
Lighting installation |
RVFSR (based on ECE 86 Am [new number]) |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
X |
X |
X |
X |
|
13 |
17(2)(e) |
Vehicle occupant protection, including interior fittings, head restraint, seat belts, vehicle doors |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
14 |
17(2)(f) |
Vehicle exterior and accessories |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
15 |
17(2)(g) |
Electro-magnetic compatibility |
RVFSR |
Y |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
16 |
17(2)(h) |
Audible warning device |
RVFSR |
Y |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
17 |
17(2)(i) |
Heating systems |
RVFSR |
Y |
X |
X |
X |
X |
X |
►M3 X ◄ |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
18 |
17(2)(j) |
Devices to prevent unauthorised use |
RVFSR |
Y (only for T- and C-categories) |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
Z |
Z |
X |
X |
|
19 |
17(2)(k) |
Registration plate |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
X |
X |
X |
X |
|
20 |
17(2)(k) |
Statutory plate and marking |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
X |
X |
X |
X |
|
21 |
17(2)(l) |
Dimensions and trailer mass |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
X |
X |
X |
X |
|
22 |
17(2)(l) |
Maximum laden mass |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
23 |
17(2)(l) |
Ballast masses |
RVFSR |
|
X |
X |
X |
X |
►M3 X ◄ |
►M3 X ◄ |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
24 |
17(2)(m) |
Safety of electrical systems |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
25 |
17(2)(a), 17(2)(m), 18(2)(l) |
Fuel tank |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
|
26 |
17(2)(n) |
Rear protective structures |
RVFSR |
|
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
X |
X |
NA |
NA |
|
27 |
17(2)(o) |
Lateral protection |
RVFSR |
|
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
X |
NA |
NA |
|
28 |
17(2)(p) |
Load platforms |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
29 |
17(2)(q) |
Towing devices |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
30 |
17(2)(r) |
Tyres |
RVFSR (based on ECE 106 Am5 Sup6) |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
►M3 X ◄ |
►M3 X ◄ |
X |
X |
X |
X |
|
31 |
17(2)(s) |
Spray-suppression systems |
RVFSR |
Y |
NA |
X |
NA |
X |
NA |
X |
NA |
X |
NA |
X |
NA |
X |
NA |
NA |
NA |
X |
NA |
NA |
|
32 |
17(2)(t) |
Reverse gear |
RVFSR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
|
33 |
17(2)(u) |
Tracks |
RVFSR |
|
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
X |
X |
NA |
NA |
NA |
NA |
|
34 |
17(2)(v) |
Mechanical couplings |
RVFSR |
|
X |
X |
X |
X |
X |
►M3 X ◄ |
X |
X |
X |
X |
X |
X |
I |
I |
X |
X |
X |
X |
|
35 |
18(2)(a) |
ROPS |
RVCR (test report alternative to the one within the application field of OECD Code 3, as amended) |
|
X |
X |
NA |
NA |
NA |
NA |
NA |
NA |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
NA |
NA |
|
36 |
18(2)(a) |
ROPS (track laid) |
RVCR (test report alternative to the one within the application field of OECD Code 8, as amended) |
|
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
NA |
X |
X |
NA |
NA |
NA |
NA |
|
37 |
18(2)(a) |
ROPS (static testing) |
RVCR (test report alternative to the one within the application field of OECD Code 4, as amended) |
|
X |
X |
NA |
NA |
NA |
NA |
NA |
NA |
X |
X |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
|
38 |
18(2)(a) |
ROPS, Front-mounted (narrow-track tractors) |
RVCR (test report alternative to the one within the application field of OECD Code 6, as amended) |
|
NA |
NA |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
X |
X |
►M4 X ◄ |
►M4 X ◄ |
NA |
NA |
NA |
NA |
|
39 |
18(2)(a) |
ROPS, Rear-mounted (narrow-track tractors) |
RVCR (test report alternative to the one within the application field of OECD Code 7, as amended) |
|
NA |
NA |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
X |
X |
►M1 X ◄ |
►M1 X ◄ |
NA |
NA |
NA |
NA |
|
40 |
18(2)(b) |
FOPS, Falling Objects Protection Structure |
RVCR (test report alternative to the one within the application field of OECD Code 10, as amended) |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
41 |
18(2)(c) |
Passenger seats |
RVCR |
|
X |
X |
►M1 X ◄ |
►M1 X ◄ |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
42 |
18(2)(d) |
Driver’s exposure to noise level |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
|
43 |
18(2)(e) |
Driving seat and position |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
►M1 X ◄ |
►M1 X ◄ |
NA |
NA |
NA |
NA |
|
44 |
18(2)(f) |
Operating space, access to the driving position |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
►M1 X ◄ |
►M1 X ◄ |
NA |
NA |
NA |
NA |
|
45 |
18(2)(g) |
Power take-offs |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
|
46 |
18(2)(h) |
Protection of drive components |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
|
47 |
18(2)(i) |
Seat-belt anchorages |
RVCR (test report alternative to the one within the application field of OECD Codes 3, 4, 6, 7, 8, as amended) |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
48 |
18(2)(j) |
Safety belts |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
49 |
18(2)(k) |
OPS, Protection against penetrating objects |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
50 |
18(2)(l) |
Exhaust system |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
|
51 |
18(2)(l), 18(2)(n), 18(2)(q), 18(4) |
Operators manual |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
52 |
18(2)(o) |
Controls, including in particular emergency and automatic stop devices |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
53 |
18(2)(p) |
Protection against mechanical hazards other than the ones mentioned in Article 18(2)(a), (b), (g), (k), including protection against rupture of pipes carrying fluids and uncontrolled movement of the vehicle |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
Z |
Z |
X |
X |
|
54 |
18(2)(r), 18(2)(p) |
Guards and protective devices |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
Z |
Z |
X |
X |
|
55 |
18(2)(l), 18(2)(s), 18(2)(q), 18(4) |
Information, warnings and markings |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
Z |
Z |
X |
X |
|
56 |
18(2)(t) |
Materials and products |
RVCR |
Y |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
57 |
18(2)(u) |
Batteries |
RVCR |
Y |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
58 |
18(4) |
Emergency exit |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
|
|
59 |
18(2)(l), 18(4) |
Cab ventilation and filtration system |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
60 |
18(4) |
Burning rate of cab material |
RVCR |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
61 |
19(2)(a) |
Pollutant emissions |
REPPR (emission stages from 2000/25/EC and 97/68/EC) |
|
X |
X |
X |
X |
X If in the Directive’s scope of application |
X If in the Directive’s scope of application |
X |
X |
X |
X |
X |
X |
X |
X |
NA |
NA |
NA |
NA |
|
62 |
19(2)(b) |
Sound level (external) |
REPPR (limit values from 2009/63/EC) |
Y |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
I |
I |
NA |
NA |
NA |
NA |
|
Legend: (+) = if such a subcategory is created under the category (++) = only for the subcategories corresponding to the b-indexed ones under T-category X = applicable I = same as for T according to the category Y = the relevant acts for motor vehicles are accepted as equivalent, as specified in the delegated act Z = applicable only to interchangeable towed equipment falling in R-category due to technically permissible maximum laden mass to the unladen mass equal to or greater than 3,0 (Article 3, definition 9) NA = not applicable RVFSR = Regulation on Vehicle Functional Safety Requirements (delegated act) RVCR = Regulation on Vehicle Construction Requirements (delegated act) REPPR = Regulation on Environmental and Propulsion Performance Requirements (delegated act) RVBR = Regulation on Vehicle Braking Requirements (delegated act) |
||||||||||||||||||||||
ANNEX II
LIMITS FOR SMALL SERIES
The number of units within a type to be made available on the market, registered or entered into service per year in each Member State shall not exceed the value shown below for the vehicle category in question.
|
Category |
Units (for each type) |
|
T |
150 |
|
C |
50 |
ANNEX III
Correlation table
(referred to in Article 76)
|
Directive 2003/37/EC |
This Regulation |
|
Article 1 |
Articles 1 and 2 |
|
Article 2 |
Article 3 |
|
Article 3 |
Articles 20 to 23 |
|
Article 4 |
Articles 22, 24 and 26 |
|
Article 5 |
Articles 29 to 31 |
|
Article 6 |
Articles 33 and 34 |
|
Article 7 |
Articles 5, 38 and 40 |
|
Article 8(1) Article 8(2) |
Article 38(2) Articles 35 to 37 and Article 39 |
|
Article 9 |
Article 37 |
|
Article 10 |
Article 39 |
|
Article 11 |
Articles 35 and 36 |
|
Article 12 |
Articles 49 and 50 |
|
Article 13 |
Articles 8 and 28 |
|
Article 14 |
Article 24 |
|
Article 15 |
Articles 41 to 48 |
|
Article 16 |
Articles 41 and 44 |
|
Article 17 |
Article 44 |
|
Article 18 |
Article 48 |
|
Article 19 |
Articles 68, 70 and 71 |
|
Article 20 |
Article 69 |
|
Article 21 |
Article 5 and Articles 57 to 67 |
|
Article 22 |
— |
|
Article 23 |
— |
|
Article 24 |
— |
|
Article 25 |
— |
|
Article 26 |
— |
( 1 ) OJ L 374, 27.12.2006, p. 10.
( 2 ) Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016, p. 53).
( 3 ) 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).
( 4 ) OJ L 263, 9.10.2007, p. 1.
( 5 ) OJ L 199, 28.7.2008, p. 1.