I
(Legislative acts)
REGULATIONS
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)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national Parliaments,
Having regard to the opinion of the European Economic and Social Committee ( 1 ),
Acting in accordance with the ordinary legislative procedure ( 2 ), Whereas:
(1) In
order to promote the internal market, a compre hensive Union type-approval system for tractors, their trailers and interchangeable towed equipment was estab lished by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units ( 3 ).
(2) For the purposes of the development and operation of
the internal market of the Union, it is appropriate to
replace the approval systems of the Member States with a Union type-approval procedure based on the
principle of total harmonisation, while at the same time taking due account of cost-benefit considerations, with special attention given to small and medium-sized enter prises.
(3)
Following the request of the European Parliament and
with the aim of simplifying and accelerating the adoption of type-approval legislation, a new regulatory approach has been introduced in Union vehicle type- approval legislation in accordance with which the legislator in the ordinary legislative procedure sets out the fundamental rules and principles only and delegates the power to adopt delegated acts concerning further technical details to the Commission. With regard to substantive requirements, this Regulation should therefore lay down only fundamental provisions on func tional safety, occupational safety and environmental performance and delegate to the Commission the power to lay down the technical specifications in delegated acts.
(4) The requirements of this Regulation are in accordance with the principles enshrined in the Commission Communication of 5 June 2002 entitled ‘Action plan “Simplifying and improving the regulatory environment”’.
(5) It is of particular importance that future measures
proposed on the basis of this Regulation or procedures to be implemented in application of it comply with the principles which have been restated in the report published by the Commission in 2006 entitled ‘CARS 21: A Competitive Automotive Regulatory System for the 21st century’ (‘CARS 21’). In particular, for the purposes of better regulation and simplification and in order to avoid constant updating of existing Union legis lation on issues of technical specifications, this Regu lation should make reference to existing international standards and regulations which are available to the public without reproducing them in the Union legal framework.
( 1 ) OJ C 54, 19.2.2011, p. 42.
( 2 ) Position of the European Parliament of 20 November 2012 (not yet published in the Official Journal) and decision of the Council of 28 January 2013.
( 3 ) OJ L 171, 9.7.2003, p. 1.
(6) Since neither 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 g
aseous and particulate pollutants from internal combustion engines to be installed in non-road mobile
machinery ( 1 ) and Directive 2006/42/EC of the European
Parliament and of the Council of 17 May 2006 on
machinery ( 2 ) nor this Regulation provide for design
and construction requirements to ensure safety on the road of self-propelled non-road mobile machinery intended for use in particular in agriculture and forestry, the Commission should assess the need for harmonising the laws of the Member States in that area and consider proposing a legislative measure in order to ensure a high level of safety, taking into account existing Union legislation.
(7) This
Regulation should be without prejudice to measures at national or Union level regarding the use of agri cultural and forestry vehicles on the road, such as specific driver’s licence requirements, limitations of maximum speed or measures regulating the access to certain roads.
(8)
Directive 2003/37/EC in a first stage limited the mandatory application of the EC whole-vehicle type- approval procedure to the vehicle categories T1, T2 and T3 and did not provide for all requirements necessary in order to apply for EC whole-vehicle type- approval on a voluntary basis for other categories. In order to complete the internal market and to ensure that it functions properly, this Regulation should allow manufacturers to apply for EU whole-vehicle type- approval for all categories covered by this Regulation on a voluntary basis, thereby enabling them to benefit from the advantages of the internal market by means of the EU type-approval.
(9) Directive
2003/37/EC provided for the EC whole-vehicle type-approval of all-terrain vehicles and side-by-side
vehicles as tractors. Those vehicle types should therefore also be covered by this Regulation, provided that the type of vehicle concerned falls within a vehicle category as referred to in this Regulation and complies with all requirements of this Regulation.
(10) The
national authorities’ obligations laid down in the market surveillance provisions of this Regulation are
more specific than the corresponding provisions of Regu lation (EC) No 765/2008 of the European Parliament and
of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance
relating to the marketing of products ( 3 ).
(11)
In order to ensure a high level of functional safety, occu
pational safety and environmental protection, the technical requirements and environmental standards applicable to vehicles, systems, components and separate technical units with regard to type-approval should be harmonised.
(12) It is appropriate to establish the principle that vehicles
must be designed, constructed and assembled so as to minimise the risk of injury to the vehicle occupants and to other road users. For that purpose, it is necessary that manufacturers ensure that vehicles comply with the relevant requirements set out in this Regulation. Those provisions should incl
ude, but not be limited to, requirements relating to vehicle structural integrity, systems to aid the driver’s control of the vehicle, systems to provide the driver with visibility and information on the state of the vehicle and the surrounding area, vehicle lighting systems, vehicle occupant protection systems, the vehicle exterior and accessories, vehicle masses and dimensions and vehicle tyres.
(13) In order to ensure that the procedure for monitoring
conformity of production, which is one of the corner
stones of the EU type-approval system, has been correctly implemented and functions properly, manufacturers should be regularly checked by a competent authority or by an appropriately qualified technical service designated for that purpose.
(14) In certain limited cases, it is appropriate to allow for
national small series type-approval. That should, however, be restricted to limited numbers of vehicles. Therefore it is necessary to define precisely the concept of small series in terms of the number of vehicles to be produced.
(15) The
main objective of Union legislation on the approval of vehicles is to ensure that new vehicles, components and separate technical units placed on the market provide a high level of safety and environmental protection. That objective should not be impaired by the fitting of certain parts or equipment after vehicles have been placed on the market or have entered into service. Thus, appropriate
( 1 ) OJ L 59, 27.2.1998, p. 1. ( 2 ) OJ L 157, 9.6.2006, p. 24.
( 3 ) OJ L 218, 13.8.2008, p. 30.
measures should be taken in order to make sure that
parts or equipment which can be fitted to vehicles and
which are capable of significantly impairing the func
tioning of systems that are essential in terms of safety
or environmental protection, are subject to prior control
by an approval authority before they are placed on the
market. Those measures should consist of technical
provisions concerning the requirements that those parts
or equipment have to comply with.
(16) Such measures should only apply to a limited number of
parts and equipment, the list of which should be estab
lished by the Commission in an implementing act after it
has consulted the stakeholders. The measures should
ensure that the parts or equipment in question do not
impair the safety or environmental performance of the
vehicle, while at the same time preserving wherever
possible competition in the aftermarket.
(17)The Union is a contracting party of the Agreement of the
United Nations Economic Commission for Europe
concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts
which can be fitted to and/or used on wheeled vehicles
and the conditions for reciprocal recognition of
approvals granted on the basis of these prescriptions
168汽车网(‘Revised 1958 Agreement’) (1). In order to simplify the
type-approval legislation in line with the recommen
dations of CARS 21, it is appropriate to repeal all
separate Directives without reducing the level of
protection. The requirements set out in those Directives
should be carried over to this Regulation or the delegated
acts adopted pursuant to this Regulation and should be
replaced, where appropriate, with references to the
corresponding United Nations Economic Commission
for Europe (UNECE) regulations which the Union has
voted in favour of or to which the Union has acceded
and which are annexed to the Revised 1958 Agreement.
To reduce the administrative burden of the type-approval
process, vehicle manufacturers should be allowed to seek
type-approval in accordance with this Regulation, where
appropriate, directly by means of obtaining approval to
the relevant UNECE regulations referred to in Annex I or
the delegated acts adopted pursuant to this Regulation.
(18) Consequently, UNECE regulations and the amendments
thereto on which the Union has voted in favour, in
application of Decision 97/836/EC, should be incor
porated within the EU type-approval legislation. Accord
ingly, the power should be delegated to the Commission
to adopt the necessary adaptations to Annex I to this
Regulation or the delegated acts adopted pursuant to
this Regulation.(19) As an alternative, reference could be made in the
delegated acts to Codes established by the Organisation
for Economic Cooperation and Development (OECD) or
to CEN/Cenelec or ISO standards which are directly
available to the public and referenced therein.
(20) It is important that manufacturers supply relevant
information to vehicle owners in order to prevent
misuse of safety devices.
(21) In order to allow manufacturers of components or
separate technical units to apply for EU type-approval
for components or separate technical units or for auth
orisation for parts or equipment, it is also important for
these manufacturers to have access to certain information
that is available only from the vehicle manufacturer, such
as the technical information, including drawings, required
for the development of parts for the aftermarket.
(22) Non-discriminatory access to vehicle repair information,
via a standardised format which can be used to retrieve
the technical information, and effective competition on
the market for vehicle repair and maintenance
information services are necessary to improve the func
tioning of the internal market, particularly as regards the
free movement of goods, the freedom of establishment
and the freedom to provide services. A great proportion
of such information is related to on-board diagnostic
systems and their interaction with other vehicle
systems. It is appropriate to lay down technical specifi
cations that the websites of the manufacturers should
follow, along with targeted measures to ensure
reasonable access for small and medium-sized enterprises.
(23) Vehicle manufacturers should also be permitted to fulfil
their obligations to grant access to repair and main
tenance information on the communication protocols
between tractors and towed or mounted equipment, as
defined in ISO 11783, by providing on the manufac
turer’s website a link to a website set up jointly by
several manufacturers or a consortium of manufacturers.
(24) In order to ensure uniform conditions for the implemen
tation of this Regulation, implementing powers should be
conferred on the Commission. Those powers should
be exercised in accordance with Regulation (EU)
No 182/2011 of the European Parliament and of the
Council of 16 February 2011 laying down the rules
and general principles concerning mechanisms for
control by Member States of the Commission’s exercise
of implementing powers (2).
(1) Council Decision 97/836/EC of 27 November 1997 (OJ L 346,
17.12.1997, p. 78). (2) OJ L 55, 28.2.2011, p. 13.
(25) In order to supplement this Regulation with further
technical details, the power to adopt acts in accordance
with Article 290 of the Treaty on the Functioning of the
European Union should be delegated to the Commission
in respect of functional safety, construction requirements,
environmental and propulsion performance, access to
repair and maintenance information and appointment
and specific authorised tasks of technical services. It is
of particular importance that the Commission carry out
appropriate consultations during its preparatory work,
including at expert level. The Commission, when
preparing and drawing up delegated acts, should ensure
a simultaneous, timely and appropriate transmission of
relevant documents to the European Parliament and to
the Council.
(26) Member States should lay down rules on penalties
applicable to infringements of this Regulation and the
delegated or implementing acts adopted pursuant to
this Regulation and ensure that they are implemented.
Those penalties should be effective, proportionate and
dissuasive.
(27) While nothing in this Regulation prevents Member States
from continuing to apply their respective individual
approval systems, the Commission should report to the
European Parliament and the Council on the operation of
these national systems, based on information provided by
Member States, in order to reconsider the question of
whether to submit a legislative proposal for the harmon
isation of the individual approval system at Union level.
(28)As a consequence of the application of the new regu
latory system set in place by this Regulation, the
following Directives should be repealed:
— Directive 2003/37/EC,
— Council Directive 74/347/EEC of 25 June 1974 on the approximation of the laws of the Member States
relating to the field of vision and windscreen wipers
for wheeled agricultural or forestry tractors (1),
— Council Directive 76/432/EEC of 6 April 1976 on the approximation of the laws of the Member
States relating to the braking devices of wheeled agri
cultural or forestry tractors (2),
— Council Directive 76/763/EEC of 27 July 1976 on the approximation of the laws of the Member
States relating to passenger seats for wheeled agri
cultural or forestry tractors (3), — Council Directive 77/537/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors (4),
— Council Directive 78/764/EEC of 25 July 1978 on the approximation of the laws of the Member States relating to the driver’s seat on wheeled agri
cultural or forestry tractors (5),
— Council Directive 80/720/EEC of 24 June 1980 on the approximation of the laws of the Member States relating to the operating space, access to the driving position and the doors and windows of wheeled agri
cultural or forestry tractors (6),
— Council Directive 86/297/EEC of 26 May 1986 on the approximation of the laws of the Member States relating to the power take-offs of wheeled agricultural and forestry tractors and their protection (7),
— Council Directive 86/298/EEC of 26 May 1986 on rear-mounted roll-over protection structures of nar
row-track wheeled agricultural and forestry trac
tors (8),
— Council Directive 86/415/EEC of 24 July 1986 on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors (9),
— Council Directive 87/402/EEC of 25 June 1987 on roll-over protection structures mounted in front of the driver’s seat on narrow-track wheeled agricultural and forestry tractors (10),
— Directive 2000/25/EC of the European Parliament and of the Council of 22 May 2000 on action to be taken against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors (11),
— Directive 2009/57/EC of the European Parliament and of the Council of 13 July 2009 relating to the roll-over protection structures of wheeled agricultural or forestry tractors (12),
(1) OJ L 191, 15.7.1974, p. 5.
(2) OJ L 122, 8.5.1976, p. 1.
(3) OJ L 262, 27.9.1976, p. 135.
(4) OJ L 220, 29.8.1977, p. 38.
(5) OJ L 255, 18.9.1978, p. 1.
(6) OJ L 194, 28.7.1980, p. 1.
(7) OJ L 186, 8.7.1986, p. 19.
(8) OJ L 186, 8.7.1986, p. 26.
(9) OJ L 240, 26.8.1986, p. 1.
(10) OJ L 220, 8.8.1987, p. 1.
(11) OJ L 173, 12.7.2000, p. 1.
(12) OJ L 261, 3.10.2009, p. 1.
— Directive 2009/58/EC of the European Parliament and of the Council of 13 July 2009 on the coupling device and the reverse of wheeled agricultural or forestry tractors (1),
— Directive 2009/59/EC of the European Parliament and of the Council of 13 July 2009 on rear-view mirrors for wheeled agricultural or forestry tractors (2),
— Directive 2009/60/EC of the European Parliament and of the Council of 13 July 2009 on the maximum design speed of and load platforms for wheeled agricultural or forestry tractors (3),
— Directive 2009/61/EC of the European Parliament and of the Council of 13 July 2009 relating to the installation of lighting and light-signalling devices on wheeled agricultural and forestry tractors (4),
— Directive 2009/63/EC of the European Parliament and of the Council of 13 July 2009 on certain parts and characteristics of wheeled agricultural or forestry tractors (5),
— Directive 2009/64/EC of the European Parliament and of the Council of 13 July 2009 on the suppression of radio interference produced by agricultural or forestry tractors (electromagnetic compatibility) (6),
— Directive 2009/66/EC of the European Parliament and of the Council of 13 July 2009 on the steering equipment of wheeled agricultural or forestry tractors (7),
— Directive 2009/68/EC of the European Parliament and of the Council of 13 July 2009 on the compo
nent type-approval of lighting and light- signalling devices on wheeled agricultural or forestry tractors (8),
— Directive 2009/75/EC of the European Parliament and of the Council of 13 July 2009 on roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (9),
— Directive 2009/76/EC of the European Parliament and of the Council of 13 July 2009 relating to the
driver-perceived noise level of wheeled agricultural or
forestry tractors (10),
— Directive 2009/144/EC of the European Parliament and of the Council of 30 November 2009 on
certain components and characteristics of wheeled
agricultural or forestry tractors (11).
(29) It is important for all stakeholders to establish a clear
understanding of the relationship between this Regu
lation and Directive 2006/42/EC, in order to avoid over
lapping and clearly establish which requirements a
specific product needs to fulfil.
(30) Since the objectives of this Regulation, namely to lay
down harmonised rules on the administrative and
technical requirements for the type-approval and on
market surveillance of agricultural and forestry vehicles,
cannot be sufficiently achieved by the Member States,
and can therefore, by reason of their scale and effects,
be better achieved at Union level, the Union may adopt
measures in accordance with the principle of subsidiarity,
as set out in Article 5 of the Treaty on European Union.
In accordance with the principle of proportionality, as set
out in that Article, this Regulation does not go beyond
what is necessary in order to achieve those objectives, HAVE ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter
1. This Regulation establishes the administrative and technical requirements for the type-approval of all new vehicles, systems, components and separate technical units referred to in Article 2(1).
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 a
nd separate technical units granted under this Regulation instead of under the relevant national provisions.
(1) OJ L 198, 30.7.2009, p. 4.
(2) OJ L 198, 30.7.2009, p. 9.
(3) OJ L 198, 30.7.2009, p. 15.
(4) OJ L 203, 5.8.2009, p. 19.
(5) OJ L 214, 19.8.2009, p. 23.
(6) OJ L 216, 20.8.2009, p. 1.
(7) OJ L 201, 1.8.2009, p. 11.
(8) OJ L 203, 5.8.2009, p. 52.
(9) OJ L 261, 3.10.2009, p. 40. (10) OJ L 201, 1.8.2009, p. 18.
(11) OJ L 27, 30.1.2010, p. 33.
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