欧洲议会和理事会条例(EU) No 167/2013,关于农业和林业车辆的审批和市场监督(1)
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32013R0167
OJ编号:OJ L 60, 2.3.2013, p. 1-51
中文标题:欧洲议会和理事会条例(EU) No 167/2013,关于农业和林业车辆的审批和市场监督(1)
原文标题:Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (1)
分类:13.30.11_农用和林用拖拉机
文件类型:二级立法 Regulation|条例
生效日期:2013-03-22
废止日期:2058-12-31
法规全文:查看欧盟官方文件
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2.3.2013 Official
Journal
of
the
European
Union L
60/1
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
principle of total harmonisation, while at the same time
EUROPEAN UNION,
taking due account of cost-benefit considerations, with
special attention given to small and medium-sized enter
prises.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 114 thereof,
(3)
Following the request of the European Parliament and
Having regard to the proposal from the European Commission,
with the aim of simplifying and accelerating the
adoption of type-approval legislation, a new regulatory
approach has been introduced in Union vehicle type-
After transmission of the draft legislative act to the national
approval legislation in accordance with which the
Parliaments,
legislator in the ordinary legislative procedure sets out
the fundamental rules and principles only and delegates
the power to adopt delegated acts concerning further
Having regard to the opinion of the European Economic and
technical details to the Commission. With regard to
Social Committee (
substantive requirements, this Regulation should
1 ),
therefore lay down only fundamental provisions on func
tional safety, occupational safety and environmental
performance and delegate to the Commission the
Acting in accordance with the ordinary legislative procedure ( 2 ),
power to lay down the technical specifications in
delegated acts.
Whereas:
(4) The
requirements
of
this
Regulation
are
in
accordance
(1) In
order
to
promote
the
internal
market,
a
compre
with the principles enshrined in the Commission
hensive Union type-approval system for tractors, their
Communication of 5 June 2002 entitled ‘Action plan
trailers and interchangeable towed equipment was estab
“Simplifying and improving the regulatory environment”’.
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
(5) It
is
of
particular
importance
that
future
measures
units ( 3 ).
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
(2) For
the
purposes
of
the
development
and
operation
of
published by the Commission in 2006 entitled ‘CARS
the internal market of the Union, it is appropriate to
21: A Competitive Automotive Regulatory System for
replace the approval systems of the Member States
the 21st century’ (‘CARS 21’). In particular, for the
with a Union type-approval procedure based on 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
( 1 ) OJ C 54, 19.2.2011, p. 42.
lation should make reference to existing international
( 2 ) Position of the European Parliament of 20 November 2012 (not yet
standards and regulations which are available to the
published in the Official Journal) and decision of the Council of
28 January 2013.
public without reproducing them in the Union legal
( 3 ) OJ L 171, 9.7.2003, p. 1.
framework.
L 60/2
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Official Journal of the European Union
2.3.2013
(6) Since
neither
Directive
97/68/EC
of
the
European
of the Council of 9 July 2008 setting out the
Parliament and of the Council of 16 December 1997
requirements for accreditation and market surveillance
on the approximation of the laws of the Member
relating to the marketing of products ( 3 ).
States relating to measures against the emission of
gaseous 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
(11) In order to ensure a high level of functional safety, occu
machinery ( 2 ) nor this Regulation provide for design
pational safety and environmental protection, the
and construction requirements to ensure safety on the
technical requirements and environmental standards
road of self-propelled non-road mobile machinery
applicable to vehicles, systems, components and
intended for use in particular in agriculture and
separate technical units with regard to type-approval
forestry, the Commission should assess the need for
should be harmonised.
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.
(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
(7) This
Regulation
should
be
without
prejudice
to
measures
manufacturers ensure that vehicles comply with the
at national or Union level regarding the use of agri
relevant requirements set out in this Regulation. Those
cultural and forestry vehicles on the road, such as
provisions should include, but not be limited to,
specific driver’s licence requirements, limitations of
requirements relating to vehicle structural integrity,
maximum speed or measures regulating the access to
systems to aid the driver’s control of the vehicle,
certain roads.
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
(8) Directive 2003/37/EC in a first stage limited the
tyres.
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
(13) In
order
to
ensure
that
the
procedure
for
monitoring
order to complete the internal market and to ensure
conformity of production, which is one of the corner
that it functions properly, this Regulation should allow
stones of the EU type-approval system, has been correctly
manufacturers to apply for EU whole-vehicle type-
implemented and functions properly, manufacturers
approval for all categories covered by this Regulation
should be regularly checked by a competent authority
on a voluntary basis, thereby enabling them to benefit
or by an appropriately qualified technical service
from the advantages of the internal market by means of
designated for that purpose.
the EU type-approval.
(14) In
certain
limited
cases,
it
is
appropriate
to
allow
for
(9) Directive
2003/37/EC
provided
for
the
EC
whole-vehicle
national small series type-approval. That should,
type-approval of all-terrain vehicles and side-by-side
however, be restricted to limited numbers of vehicles.
vehicles as tractors. Those vehicle types should
Therefore it is necessary to define precisely the concept
therefore also be covered by this Regulation, provided
of small series in terms of the number of vehicles to be
that the type of vehicle concerned falls within a vehicle
produced.
category as referred to in this Regulation and complies
with all requirements of this Regulation.
(15) The
main
objective
of
Union
legislation
on
the
approval
of vehicles is to ensure that new vehicles, components
(10) The
national
authorities’
obligations
laid
down
in
the
and separate technical units placed on the market provide
market surveillance provisions of this Regulation are
a high level of safety and environmental protection. That
more specific than the corresponding provisions of Regu
objective should not be impaired by the fitting of certain
lation (EC) No 765/2008 of the European Parliament and
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.
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measures should be taken in order to make sure that
(19) As an alternative,
reference could be made in the
parts or equipment which can be fitted to vehicles and
delegated acts to Codes established by the Organisation
which are capable of significantly impairing the func
for Economic Cooperation and Development (OECD) or
tioning of systems that are essential in terms of safety
to CEN/Cenelec or ISO standards which are directly
or environmental protection, are subject to prior control
available to the public and referenced therein.
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.
(20) It is important that manufacturers supply relevant
information to vehicle owners in order to prevent
misuse of safety devices.
(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
(21) In
order to allow manufacturers of components or
has consulted the stakeholders. The measures should
separate technical units to apply for EU type-approval
ensure that the parts or equipment in question do not
for components or separate technical units or for auth
impair the safety or environmental performance of the
orisation for parts or equipment, it is also important for
vehicle, while at the same time preserving wherever
these manufacturers to have access to certain information
possible competition in the aftermarket.
that is available only from the vehicle manufacturer, such
as the technical information, including drawings, required
for the development of parts for the aftermarket.
(17) The Union is a contracting party of the Agreement of the
United Nations Economic Commission for Europe
(22) Non-discriminatory
access
to
vehicle
repair
information,
concerning the adoption of uniform technical
via a standardised format which can be used to retrieve
prescriptions for wheeled vehicles, equipment and parts
the technical information, and effective competition on
which can be fitted to and/or used on wheeled vehicles
the market for vehicle repair and maintenance
and the conditions for reciprocal recognition of
information services are necessary to improve the func
approvals granted on the basis of these prescriptions
tioning of the internal market, particularly as regards the
(‘Revised 1958 Agreement’) ( 1 ). In order to simplify the
free movement of goods, the freedom of establishment
type-approval legislation in line with the recommen
and the freedom to provide services. A great proportion
dations of CARS 21, it is appropriate to repeal all
of such information is related to on-board diagnostic
separate Directives without reducing the level of
systems and their interaction with other vehicle
protection. The requirements set out in those Directives
systems. It is appropriate to lay down technical specifi
should be carried over to this Regulation or the delegated
cations that the websites of the manufacturers should
acts adopted pursuant to this Regulation and should be
follow, along with targeted measures to ensure
replaced, where appropriate, with references to the
reasonable access for small and medium-sized enterprises.
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
(23) Vehicle
manufacturers
should
also
be
permitted
to
fulfil
process, vehicle manufacturers should be allowed to seek
their obligations to grant access to repair and main
type-approval in accordance with this Regulation, where
tenance information on the communication protocols
appropriate, directly by means of obtaining approval to
between tractors and towed or mounted equipment, as
the relevant UNECE regulations referred to in Annex I or
defined in ISO 11783, by providing on the manufac
the delegated acts adopted pursuant to this Regulation.
turer’s website a link to a website set up jointly by
several manufacturers or a consortium of manufacturers.
(18) Consequently,
UNECE
regulations
and
the
amendments
(24) In
order
to
ensure
uniform
conditions
for
the
implemen
thereto on which the Union has voted in favour, in
tation of this Regulation, implementing powers should be
application of Decision 97/836/EC, should be incor
conferred on the Commission. Those powers should
porated within the EU type-approval legislation. Accord
be exercised in accordance with Regulation (EU)
ingly, the power should be delegated to the Commission
No 182/2011 of the European Parliament and of the
to adopt the necessary adaptations to Annex I to this
Council of 16 February 2011 laying down the rules
Regulation or the delegated acts adopted pursuant to
and general principles concerning mechanisms for
this Regulation.
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.
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(25) In
order
to
supplement
this
Regulation
with
further
— Council Directive 77/537/EEC of 28 June 1977 on
technical details, the power to adopt acts in accordance
the approximation of the laws of the Member States
with Article 290 of the Treaty on the Functioning of the
relating to the measures to be taken against the
European Union should be delegated to the Commission
emission of pollutants from diesel engines for use
in respect of functional safety, construction requirements,
in wheeled agricultural or forestry tractors ( 4 ),
environmental and propulsion performance, access to
repair and maintenance information and appointment
and specific authorised tasks of technical services. It is
— Council Directive 78/764/EEC of 25 July 1978 on
of particular importance that the Commission carry out
the approximation of the laws of the Member
appropriate consultations during its preparatory work,
States relating to the driver’s seat on wheeled agri
including at expert level. The Commission, when
cultural or forestry tractors ( 5 ),
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.
— 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
(26) Member States should lay down rules on penalties
cultural or forestry tractors ( 6 ),
applicable to infringements of this Regulation and the
delegated or implementing acts adopted pursuant to
this Regulation and ensure that they are implemented.
— Council Directive 86/297/EEC of 26 May 1986 on
Those penalties should be effective, proportionate and
the approximation of the laws of the Member States
dissuasive.
relating to the power take-offs of wheeled agricultural
and forestry tractors and their protection ( 7 ),
(27) While
nothing
in
this
Regulation
prevents
Member
States
from continuing to apply their respective individual
— Council Directive 86/298/EEC of 26 May 1986 on
approval systems, the Commission should report to the
rear-mounted roll-over protection structures of
European Parliament and the Council on the operation of
narrow-track wheeled agricultural and forestry trac
these national systems, based on information provided by
tors ( 8 ),
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.
— Council Directive 86/415/EEC of 24 July 1986 on
the installation, location, operation and identification
of the controls of wheeled agricultural or forestry
(28) As a consequence of the application of the new regu
tractors ( 9 ),
latory system set in place by this Regulation, the
following Directives should be repealed:
— Council Directive 87/402/EEC of 25 June 1987 on
roll-over protection structures mounted in front of
— Directive 2003/37/EC,
the driver’s seat on narrow-track wheeled agricultural
and forestry tractors ( 10 ),
— Council Directive 74/347/EEC of 25 June 1974 on
the approximation of the laws of the Member States
— Directive 2000/25/EC of the European Parliament
relating to the field of vision and windscreen wipers
and of the Council of 22 May 2000 on action to
for wheeled agricultural or forestry tractors (
be taken against the emission of gaseous and
1 ),
particulate pollutants by engines intended to power
agricultural or forestry tractors ( 11 ),
— Council Directive 76/432/EEC of 6 April 1976 on
the approximation of the laws of the Member
— Directive 2009/57/EC of the European Parliament
States relating to the braking devices of wheeled agri
and of the Council of 13 July 2009 relating to the
cultural or forestry tractors ( 2 ),
roll-over protection structures of wheeled agricultural
or forestry tractors ( 12 ),
— Council Directive 76/763/EEC of 27 July 1976 on
( 4 ) OJ L 220, 29.8.1977, p. 38.
the approximation of the laws of the Member
( 5 ) OJ L 255, 18.9.1978, p. 1.
States relating to passenger seats for wheeled agri
( 6 ) OJ L 194, 28.7.1980, p. 1.
cultural or forestry tractors (
(
3 ),
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.
( 1 ) OJ L 191, 15.7.1974, p. 5.
( 10 ) OJ L 220, 8.8.1987, p. 1.
( 2 ) OJ L 122, 8.5.1976, p. 1.
( 11 ) OJ L 173, 12.7.2000, p. 1.
( 3 ) OJ L 262, 27.9.1976, p. 135.
( 12 ) OJ L 261, 3.10.2009, p. 1.
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— Directive 2009/58/EC of the European Parliament
— Directive 2009/76/EC of the European Parliament
and of the Council of 13 July 2009 on the
and of the Council of 13 July 2009 relating to the
coupling device and the reverse of wheeled agri
driver-perceived noise level of wheeled agricultural or
cultural or forestry tractors ( 1 ),
forestry tractors ( 10 ),
— Directive 2009/59/EC of the European Parliament
and of the Council of 13 July 2009 on rear-view
— Directive 2009/144/EC of the European Parliament
mirrors for wheeled agricultural or forestry trac
and of the Council of 30 November 2009 on
tors ( 2 ),
certain components and characteristics of wheeled
agricultural or forestry tractors ( 11 ).
— 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 (
(29) It
is
important
for
all
stakeholders
to
establish
a
clear
3 ),
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
— Directive 2009/61/EC of the European Parliament
specific product needs to fulfil.
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 ),
(30) Since
the
objectives
of
this
Regulation,
namely
to
lay
down harmonised rules on the administrative and
— Directive 2009/63/EC of the European Parliament
technical requirements for the type-approval and on
and of the Council of 13 July 2009 on certain
market surveillance of agricultural and forestry vehicles,
parts and characteristics of wheeled agricultural or
cannot be sufficiently achieved by the Member States,
forestry tractors ( 5 ),
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,
— Directive 2009/64/EC of the European Parliament
as set out in Article 5 of the Treaty on European Union.
and of the Council of 13 July 2009 on the
In accordance with the principle of proportionality, as set
suppression of radio interference produced by agri
out in that Article, this Regulation does not go beyond
cultural or forestry tractors (electromagnetic compati
what is necessary in order to achieve those objectives,
bility) ( 6 ),
— Directive 2009/66/EC of the European Parliament
HAVE ADOPTED THIS REGULATION:
and of the Council of 13 July 2009 on the steering
equipment of wheeled agricultural or forestry trac
tors ( 7 ),
CHAPTER I
— Directive 2009/68/EC of the European Parliament
SUBJECT MATTER, SCOPE AND DEFINITIONS
and of the Council of 13 July 2009 on the
component type-approval of lighting and light-
Article 1
signalling devices on wheeled agricultural or forestry
Subject matter
tractors ( 8 ),
1. This Regulation establishes the administrative and
technical requirements for the type-approval of all new
vehicles, systems, components and separate technical units
— Directive 2009/75/EC of the European Parliament
referred to in Article 2(1).
and of the Council of 13 July 2009 on roll-over
protection structures of wheeled agricultural or
forestry tractors (static testing) ( 9 ),
This Regulation does not apply to the approval of individual
( 1 ) OJ L 198, 30.7.2009, p. 4.
( 2 ) OJ L 198, 30.7.2009, p. 9.
vehicles. However, Member States granting such individual
( 3 ) OJ L 198, 30.7.2009, p. 15.
approvals shall accept any type-approval of vehicles, systems,
( 4 ) OJ L 203, 5.8.2009, p. 19.
components and separate technical units granted under this
( 5 ) OJ L 214, 19.8.2009, p. 23.
Regulation instead of under the relevant national provisions.
( 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.
( 10 ) OJ L 201, 1.8.2009, p. 18.
( 9 ) OJ L 261, 3.10.2009, p. 40.
( 11 ) OJ L 27, 30.1.2010, p. 33.
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2. This
Regulation
establishes
the
requirements
for
the
component or separate technical unit satisfies the relevant
market surveillance of vehicles, systems, components and
administrative provisions and technical requirements;
separate technical units which are subject to approval in
accordance with this Regulation. This Regulation also establishes
the requirements for the market surveillance of parts and
equipment for such vehicles.
(2) ‘whole-vehicle type-approval’ means a type-approval
whereby an approval authority certifies that an incomplete,
complete or completed vehicle type satisfies the relevant
3. This
Regulation
is
without
prejudice
to
the
application
of
administrative provisions and technical requirements;
legislation on road safety.
(3) ‘system
type-approval’
means
a
type-approval
whereby
an
Article 2
approval authority certifies that a system built into a
Scope
vehicle of a specific type satisfies the relevant adminis
trative provisions and technical requirements;
1. This
Regulation
shall
apply
to
agricultural
and
forestry
vehicles, as described in Article 4, designed and constructed
in one or more stages, and to systems, components and
separate technical units, as well as parts and equipment,
(4) ‘component
type-approval’
means
a
type-approval
whereby
designed and constructed for such vehicles.
an approval authority certifies that a component indepen
dently of a vehicle satisfies the relevant administrative
provisions and technical requirements;
Specifically, this Regulation shall apply to the following vehicles:
(5) ‘separate technical unit type-approval’ means a type-
(a) tractors (categories T and C);
approval whereby an approval authority certifies that a
separate technical unit satisfies the relevant administrative
provisions and technical requirements in relation to one or
(b) trailers (category R); and
more specified types of vehicles;
(c) interchangeable towed equipment (category S).
(6) ‘national type-approval’ means a type-approval
procedure
laid down by the national law of a Member State, the
2. This
Regulation
shall
not
apply
to
interchangeable
validity of such approval being restricted to the territory
machinery that is fully raised from the ground or that cannot
of that Member State;
articulate around a vertical axis when the vehicle to which it is
attached is in use on a road.
(7) ‘EU type-approval’ means the procedure whereby an
approval authority certifies that a type of vehicle, system,
3. For
the
following
vehicles,
the
manufacturer
may
choose
component or separate technical unit satisfies the relevant
whether to apply for approval under this Regulation or whether
administrative provisions and technical requirements of
to comply with the relevant national requirements:
this Regulation;
(a) trailers (category R) and interchangeable towed equipment
(category S);
(8) ‘tractor’ means any motorised, wheeled or tracked agri
cultural or forestry vehicle having at least two axles and
a maximum design speed of not less than 6 km/h, the
(b) track-laying tractors (category C);
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
(c) special purpose wheeled tractors (categories T4.1 and T4.2).
to perform agricultural or forestry work, or to tow agri
cultural or forestry trailers or equipment; it may be
adapted to carry a load in the context of agricultural or
Article 3
forestry work and/or may be equipped with one or more
passenger seats;
Definitions
For the purposes of this Regulation and of the acts listed in
Annex I, except as otherwise provided therein, the following
(9) ‘trailer’
means
any
agricultural
or
forestry
vehicle
intended
definitions shall apply:
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
(1) ‘type-approval’
means
the
procedure
whereby
an
approval
unladen mass of that vehicle is equal to or greater than
authority certifies that a type of vehicle, system,
3,0;
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(10) ‘interchangeable towed equipment’ means any vehicle used
(19) ‘separate technical unit’ means a device subject to the
in agriculture or forestry which is designed to be towed by
requirements of this Regulation or any of the delegated
a tractor, changes or adds to its functions, permanently
or implementing acts adopted pursuant to this Regulation
incorporates an implement or is designed to process
and intended to be part of a vehicle, which may be type-
materials, which may include a load platform designed
approved separately but only in relation to one or more
and constructed to receive any tools and appliances
specified types of vehicle, where such acts make express
needed for those purposes and to store temporarily any
provision for so doing;
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;
(20) ‘parts’ means goods used for the assembly of a vehicle as
well as spare parts;
(11) ‘vehicle’ means any tractor, trailer or interchangeable
towed equipment as defined in points 8, 9 and 10;
(21) ‘equipment’ means any goods other than parts which can
be added to or installed on a vehicle;
(12) ‘base vehicle’ means any vehicle which is used at the initial
stage of a multi-stage type-approval process;
(22) ‘original parts or equipment’ means parts or equipment
which are manufactured according to the specifications
(13) ‘incomplete vehicle’ means any vehicle which must
and production standards provided by the vehicle manu
undergo at least one further stage of completion in
facturer for the production of parts or equipment for the
order to meet the relevant technical requirements of this
assembly of the vehicle in question; this includes parts or
Regulation;
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
(14) ‘completed vehicle’ means a vehicle, resulting from the
equipment constitute original parts or equipment if the
process of multi-stage type-approval, which meets the
manufacturer certifies that the parts or equipment match
relevant technical requirements of this Regulation;
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;
(15) ‘complete vehicle’ means any vehicle which need not be
completed in order to meet the relevant technical
requirements of this Regulation;
(23) ‘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
(16) ‘end-of-series vehicle’ means any vehicle that is part of a
the use of a vehicle, with the exception of fuel;
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
(24) ‘functional safety’ means the absence of unacceptable risk
approved;
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
(17) ‘system’ means an assembly of devices combined to
or electronic systems, components or separate technical
perform one or more specific functions in a vehicle and
units;
which is subject to the requirements of this Regulation or
any of the delegated or implementing acts adopted
pursuant to this Regulation;
(25) ‘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
(18) ‘component’ means a device subject to the requirements of
conformity of production and who is also responsible
this Regulation or any of the delegated or implementing
for market surveillance concerns for the vehicles,
acts adopted pursuant to this Regulation, which is
systems, components and separate technical units
intended to be part of a vehicle and which may be type-
produced, whether or not the natural or legal person is
approved independently of a vehicle in accordance with
directly involved in all stages of the design and
this Regulation and the delegated or implementing acts
construction of the vehicle, system, component or
adopted pursuant to this Regulation, where such acts
separate technical unit which is the subject of the
make express provision for so doing;
approval process;
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(26) ‘manufacturer’s representative’ means any natural or legal
(34) ‘on-board diagnostic system’ or ‘OBD system’ means a
person established in the Union who is duly appointed by
system which has the capability to identify the likely
the manufacturer to represent the manufacturer before the
area of malfunction by means of fault codes stored in a
approval authority or the market surveillance authority
computer memory;
and to act on the manufacturer’s behalf in matters
covered by this Regulation;
(35) ‘vehicle repair and maintenance information’ means all
information required for diagnosis, servicing, inspection,
(27) ‘approval authority’ means the authority of a Member State
periodic monitoring, repair, reprogramming or reini
established or appointed by the Member State and notified
tialising of the vehicle and which the manufacturers
to the Commission by the Member State with competence
provide for their authorised dealers and repairers,
for all aspects of the approval of a type of vehicle, system,
including all subsequent amendments and supplements
component or separate technical unit, for the authorisation
to such information; that information includes all
process, for issuing and, if appropriate, withdrawing or
information required for the fitting of parts and
refusing approval certificates, for acting as the contact
equipment on vehicles;
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;
(36) ‘independent operator’ means undertakings other than
authorised dealers and repairers which are directly or indi
rectly involved in the repair and maintenance of vehicles,
in particular repairers, manufacturers or distributors of
(28) ‘technical service’ means an organisation or body
repair equipment, tools or spare parts, publishers of
designated by the approval authority of a Member State
technical information, automobile clubs, roadside
as a testing laboratory to carry out tests, or as a
assistance operators, operators offering inspection and
conformity assessment body to carry out the initial
testing services, operators offering training for installers,
assessment and other tests or inspections, on behalf of
manufacturers and repairers of equipment for alternative
the approval authority, it being possible for the approval
fuel vehicles;
authority itself to carry out those functions;
(29) ‘self-testing’ means the performance of tests in its own
(37) ‘new vehicle’ means a vehicle which has never been
facilities, the registration of the test results and the
previously registered or entered into service;
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
(38) ‘registration’ means the administrative authorisation for the
compliance with certain requirements;
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
(30) ‘virtual testing method’ means computer simulations,
number, be it permanently, temporarily or for a short
including calculations, to demonstrate whether a vehicle,
period of time;
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
(39) ‘placing on the market’ means making available a vehicle,
physical vehicle, system, component or separate technical
system, component, separate technical unit, part or
unit;
equipment for the first time in the Union;
(31) ‘type-approval certificate’ means the document whereby
the approval authority officially certifies that a type of
(40) ‘entry into service’ means the first use, for its intended
vehicle, system, component or separate technical unit is
purpose, in the Union, of a vehicle, system, component,
approved;
separate technical unit, part or equipment;
(32) ‘EU type-approval certificate’ means the certificate based on
(41) ‘importer’ means any natural or legal person established in
the template set out in the implementing act adopted
the Union who places on the market a vehicle, system,
pursuant to this Regulation or the communication form
component, separate technical unit, part or equipment
set out in the relevant UNECE regulations referred to in
from a third country;
this Regulation or in the delegated acts adopted pursuant
to this Regulation;
(42) ‘distributor’ means any natural or legal person in the
supply chain, other than the manufacturer or the
(33) ‘certificate of conformity’ means the document issued by
importer, who makes available a vehicle, system,
the manufacturer, which certifies that the produced vehicle
component, separate technical unit, part or equipment
conforms to the approved vehicle type;
on the market;
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(43) ‘economic operator’ means the manufacturer, the manu
— operating principle,
facturer’s representative, the importer or the distributor;
— number and arrangement of cylinders,
(44) ‘market surveillance’ means the activities carried out and
measures taken by national authorities to ensure that
— power difference of no more than 30 % (the
vehicles, systems, components or separate technical units
highest power being no more than 1,3 times the
made available on the market comply with the
lowest power),
requirements set out in the relevant Union harmonisation
legislation and do not endanger health, safety or any other
aspect of public interest protection;
— cylinder capacity difference of no more than 20 %
(the highest figure being no more than 1,2 times
the lowest figure),
(45) ‘market surveillance authority’ means an authority of a
Member State responsible for carrying out market
surveillance on its territory;
— powered axles (number, position, interconnection),
(46) ‘national authority’ means an approval authority or any
— steered axles (number and position),
other authority involved in and responsible for market
surveillance, border control or registration in a Member
— maximum laden mass differing by no more than
State in respect of vehicles, systems, components,
10 %,
separate technical units, parts or equipment;
— transmission (type),
(47) ‘making available on the market’ means any supply of a
vehicle, system, component, separate technical unit, part or
— rollover protection structure,
equipment for distribution or use on the market in the
course of a commercial activity, whether in return for
payment or free of charge;
— braked axles (number);
(48) ‘vehicle type’ means a group of vehicles, including variants
(b) for trailers or interchangeable towed equipment:
and versions of the same category, that do not differ in at
least the following essential respects:
— steering axles (number, position, interconnection),
— category,
— maximum laden mass differing by no more than
10 %,
— manufacturer,
— braked axles (number);
— type designation given by the manufacturer,
(50) ‘hybrid vehicle’ means a powered vehicle equipped with at
— essential construction and design characteristics,
least two different energy converters and two different
energy storage systems (on-vehicle) for the purpose of
vehicle propulsion;
— backbone chassis/chassis with side members/articulated
chassis (obvious and fundamental differences),
(51) ‘hybrid electric vehicle’ means a vehicle that, for the
purpose of mechanical propulsion, draws energy from
— for category T: axles (number) or, for category C: axles/
both of the following on-vehicle sources of stored energy/
tracks (number),
power:
— in the case of multi-stage built vehicles, the manu
(a) a consumable fuel;
facturer and the type of the previous stage vehicle;
(b) a battery, capacitor, flywheel/generator or other elec
(49) ‘variant’ means vehicles of the same type which do not
trical energy or power storage device.
differ in at least the following respects:
This definition also includes vehicles which draw energy
(a) for tractors:
from a consumable fuel only for the purpose of recharging
the electrical energy/power storage device;
— body structural concept or type of body work,
(52) ‘pure electric vehicle’ means a vehicle powered by a system
consisting of one or more electric energy storage devices,
— stage of completion,
one or more electric power conditioning devices and one
or more electric machines that convert stored electric
— engine (internal combustion/hybrid/electric/hybrid-
energy to mechanical energy delivered at the wheels for
electric),
propulsion of the vehicle;
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(53) ‘version of a variant’ means vehicles which consist of a
rows exceeds 1 000 mm. Where the height of the centre
combination of items shown in the information package
of gravity of the tractor, measured in relation to the
referred to in Article 24(10).
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;
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
(7) ‘category T4.2’ (extra-wide tractors) comprises tractors
laid down in this Regulation and in the delegated and imple
characterised by their large dimensions, primarily
menting acts adopted pursuant to this Regulation.
intended for working large areas of farmland;
Article 4
(8) ‘category T4.3’ (low-clearance tractors) comprises four-
wheel drive tractors whose interchangeable equipment is
Vehicle categories
intended for agricultural or forestry use and which are
For the purposes of this Regulation the following vehicle
characterised by a supporting frame, equipped with one
categories shall apply:
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
(1) ‘category
T’ comprises
all wheeled
tractors;
each
wheeled
relation to the ground using the tyres normally fitted, of
tractor category described in points 2 to 8 is supple
less than 850 mm;
mented at the end by an ‘a’ or ‘b’ index according to its
design speed:
(9) ‘category C’ comprises track-laying tractors propelled by
endless tracks or by a combination of wheels and
(a) ‘a’ for wheeled tractors with a maximum design speed
endless tracks, with subcategories defined by analogy
below or equal to 40 km/h;
with category T;
(b) ‘b’ for wheeled tractors with a maximum design speed
(10) ‘category R’ comprises trailers; each trailer category
above 40 km/h;
described in points 11 to 14 is supplemented at the end
by an ‘a’ or ‘b’ index, according to its design speed:
(2) ‘category
T1’
comprises
wheeled
tractors,
with
the
closest
axle to the driver having a minimum track width of not
(a) ‘a’ for trailers with a maximum design speed below or
less than 1 150 mm, with an unladen mass, in running
equal to 40 km/h;
order, of more than 600 kg, and with a ground clearance
of not more than 1 000 mm;
(b) ‘b’ for trailers with a maximum design speed above
40 km/h;
(3) ‘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
(11) ‘category R1’ comprises trailers, the sum of the technically
clearance of not more than 600 mm; if the height of the
permissible masses per axle of which does not exceed
centre of gravity of the tractor (measured in relation to the
1 500 kg;
ground) divided by the average minimum track for each
axle exceeds 0,90, the maximum design speed shall be
restricted to 30 km/h;
(12) ‘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;
(4) ‘category
T3’
comprises
wheeled
tractors
with
an
unladen
mass, in running order, of not more than 600 kg;
(13) ‘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;
(5) ‘category
T4’ comprises
special
purpose
wheeled
tractors;
(14) ‘category R4’ comprises trailers, the sum of the technically
(6) ‘category
T4.1’
(high-clearance
tractors)
comprises
tractors
permissible masses per axle of which exceeds 21 000 kg;
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
(15) ‘category S’ comprises interchangeable towed equipment.
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
Each category of interchangeable towed equipment is
rear or on a platform. When the tractor is in working
supplemented at the end by an ‘a’ or ‘b’ index, according
position the ground clearance perpendicular to the crop
to its design speed:
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(a) ‘a’ for interchangeable towed equipment with a
Article 7
maximum design speed below or equal to 40 km/h;
Market surveillance measures
(b) ‘b’ for interchangeable towed equipment with a
1. For
type-approved
vehicles,
systems,
components
and
maximum design speed above 40 km/h;
separate technical units, market surveillance authorities shall
perform, on an adequate scale, appropriate documentary
checks, taking into account established principles of risk
(16) ‘category S1’ comprises interchangeable towed equipment,
assessment, complaints and other information.
the sum of the technically permissible masses per axle of
which does not exceed 3 500 kg;
Market surveillance authorities may require economic operators
(17) ‘category S2’ comprises interchangeable towed equipment,
to make such documentation and information available as is
the sum of the technically permissible masses per axle of
deemed necessary for the purpose of carrying out their activ
which exceeds 3 500 kg.
ities.
CHAPTER II
Where economic operators present certificates of conformity,
GENERAL OBLIGATIONS
market surveillance authorities shall take due account of such
Article 5
certificates.
Obligations of Member States
1. Member
States
shall
establish
or
appoint
the
approval 2. For
parts
and
equipment
other
than
those
covered
in
authorities competent in matters concerning approval and the
paragraph 1 of this Article, Article 19(1) of Regulation (EC)
market surveillance authorities competent in matters concerning
No 765/2008 shall apply in its entirety.
market surveillance in accordance with this Regulation. Member
States shall notify the Commission of the establishment and
appointment of such authorities.
Article 8
The notification of the approval and market surveillance auth
Obligations of manufacturers
orities shall include their name, address, including electronic
1. Manufacturers
shall
ensure
that
when
their
vehicles,
address, and area of responsibility. The Commission shall
systems, components or separate technical units are placed on
publish on its website a list and details of the approval auth
the market or are entering into service, they are manufactured
orities.
and approved in accordance with the requirements set out in
this Regulation and the delegated and implementing acts
2. Member
States
shall
permit
the
placing
on
the
market, adopted pursuant to this Regulation.
registration or entry into service only of such vehicles,
components and separate technical units that satisfy the
requirements of this Regulation.
2. In
the
case
of
multi-stage
type-approval,
each
manu
facturer shall be responsible for the approval and conformity
3. Member
States
shall
not
prohibit,
restrict
or
impede
the of production of the systems, components or separate technical
placing on the market, registration or entry into service of
units added at the stage of vehicle completion handled by the
vehicles, systems, components or separate technical units on
manufacturer. Any manufacturer who modifies components or
grounds related to aspects of their construction and functioning
systems already approved at earlier stages shall be responsible
covered by this Regulation, if they satisfy its requirements.
for the approval and conformity of production of the modified
components and systems.
4. Member
States
shall
organise
and
carry
out
market
surveillance and controls of vehicles, systems, components or
separate technical units entering the market in accordance with
3. Manufacturers
who
modify
the
incomplete
vehicle
in
such
Chapter III of Regulation (EC) No 765/2008.
a manner that it qualifies as a different category of vehicle, with
the consequence that the legal requirements already assessed in
a previous stage of approval have changed, shall also be
Article 6
responsible for compliance with the requirements applicable
Obligations of approval authorities
to the category of vehicles for which the modified vehicle
qualifies.
1. Approval
authorities
shall
ensure
that
manufacturers
applying for type-approval comply with their obligations
under this Regulation.
4. For the purposes of approval of vehicles, systems,
components or separate technical units covered by this Regu
2. Approval
authorities
shall
approve
only
such
vehicles, lation, manufacturers established outside the Union shall
systems, components or separate technical units that satisfy
appoint a single representative established within the Union
the requirements of this Regulation.
to represent them before the approval authority.
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5. Manufacturers established outside the Union shall shall immediately inform the approval and market surveillance
furthermore appoint a single representative established within
authorities of the Member States in which the vehicle, system,
the Union for the purposes of market surveillance, which may
component, separate technical unit, part or equipment was
be the representative referred to in paragraph 4 or an additional
made available on the market or had entered into service to
representative.
that effect, giving details, in particular, of the non-conformity
and any corrective measures taken.
6. Manufacturers
shall
be
responsible
to
the
approval
authority for all aspects of the approval process and for
3. Manufacturers
shall
keep
the
information
package
referred
ensuring conformity of production, whether or not they are
to in Article 24(10) and in addition the vehicle manufacturer
directly involved in all stages of the construction of a vehicle,
shall keep a copy of the certificates of conformity referred to in
system, component or separate technical unit.
Article 33 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
7. In
accordance
with
this
Regulation
and
the
delegated
and market for a system, component or separate technical unit.
implementing acts adopted pursuant to this Regulation, manu
facturers shall ensure that procedures are in place for series
production to remain in conformity with the approved type.
Changes in design of a vehicle, system, component or separate
4. Manufacturers
shall,
following
a
reasoned
request
from
a
technical unit or characteristics and changes in the requirements
national authority, provide that authority through the approval
to which a vehicle, system, component or separate technical
authority with a copy of the EU type-approval certificate or the
unit is declared to conform shall be taken into account in
authorisation referred to in Article 46(1) and (2) demonstrating
accordance with Chapter VI.
the conformity of the vehicle, system, component or separate
technical unit, in a language which can be easily understood by
that authority. Manufacturers shall cooperate with the national
authority on any action taken in accordance with Article 20 of
8. In
addition
to
the
statutory
marking
and
type-approval Regulation (EC) No 765/2008 to eliminate the risks posed by
marks fixed to their vehicles, components or separate
their vehicles, systems, components or separate technical units
technical units in accordance with Article 34, manufacturers
which have been placed on the market, registered or entered
shall indicate their name, registered trade name or registered
into service.
trade mark and the address in the Union at which they can
be contacted on their vehicles, components or separate technical
units made available on the market or, where that is not
possible, on the packaging or in a document accompanying
Article 10
the component or separate technical unit.
Obligations of manufacturer’s representatives concerning
market surveillance
9. Manufacturers
shall
ensure
that,
while
a
vehicle,
system, The manufacturer’s representative for market surveillance shall
component or separate technical unit is under their responsi
perform the tasks specified in the mandate received from the
bility, storage or transport conditions do not jeopardise its
manufacturer. That mandate shall allow a representative to do
compliance with the requirements set out in this Regulation.
at least the following:
Article 9
(a) have access to the information folder referred to in
Obligations of manufacturers concerning their products
Article 22 and the certificates of conformity referred to in
that are not in conformity or that present a serious risk
Article 33 so that they can be placed at the disposal of the
approval authorities for a period of 10 years after the
1. Manufacturers
who
consider
or
have
reason
to
believe
that
placing on the market of a vehicle and for a period of
their vehicle, system, component or separate technical unit that
five years after the placing on the market for a system,
has been placed on the market or entered into service is not in
component or separate technical unit;
conformity with this Regulation or the delegated and imple
menting acts adopted pursuant to this Regulation shall
immediately take the corrective measures necessary to bring
that vehicle, system, component or separate technical unit
(b) following a reasoned request from an approval authority,
into conformity, to withdraw it or to recall it, as appropriate.
provide that authority with all the information and docu
mentation necessary to demonstrate the conformity of
production of a vehicle, system, component or separate
The manufacturer shall immediately inform the approval
technical unit;
authority which granted the approval, giving details, in
particular, of the non-conformity and of any corrective
measures taken.
(c) cooperate with the approval or market surveillance auth
orities, at their request, on any action taken to eliminate
the serious risk posed by vehicles, systems, components,
2. Where
the
vehicle,
system,
component,
separate
technical
separate technical units, parts or equipment covered by
unit, part or equipment presents a serious risk, manufacturers
their mandate.
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Article 11
unit, part or equipment, importers shall, to protect the health
and safety of consumers, investigate and, if necessary, keep a
Obligations of importers
register of complaints and recalls of vehicles, systems,
1. Importers
shall
place
on
the
market
only
compliant components, separate technical units, parts or equipment and
vehicles, systems, components or separate technical units
keep distributors informed of such monitoring.
which have either received EU type-approval or which fulfil
the requirements for national approval, or parts or equipment
entirely subject to the requirements of Regulation (EC)
No 765/2008.
Article 12
Obligations of importers concerning their products that
are not in conformity or that present a serious risk
2. Before
placing
on
the
market
a
type-approved
vehicle,
system, component or separate technical unit, importers shall
1. Importers
who
consider
or
have
reason
to
believe
that
a
ensure that there is an information package complying with
vehicle, system, component or separate technical unit which
Article 24(10), and that the system, component or separate
they have placed on the market is not in conformity with
technical unit bears the required type-approval mark and
this Regulation shall immediately take the corrective measures
complies with Article 8(8). In the case of a vehicle, the
necessary to bring that vehicle, system, component or separate
importer shall verify that the vehicle is accompanied by the
technical unit into conformity, to withdraw it or to recall it, as
required certificate of conformity.
appropriate.
3. Where
importers
consider
or
have
reason
to
believe
that
a 2. Where
a
vehicle,
system,
component,
separate
technical
vehicle, system, component, separate technical unit, part or
unit, part or equipment presents a serious risk, importers
equipment is not in conformity with the requirements of this
shall immediately inform the manufacturer and the approval
Regulation, and in particular that it does not correspond to its
and market surveillance authorities of the Member States in
type-approval, they shall not place on the market, allow to enter
which they have placed it on the market. The importer shall
into service or register the vehicle, system, component or
also inform them of any action taken and give details, in
separate technical unit until it has been brought into
particular, of the serious risk and any corrective measures
conformity. Furthermore, where they consider or have reason
taken by the manufacturer.
to believe that the vehicle, system, component, separate
technical unit, part or equipment presents a serious risk, they
shall inform the manufacturer and the market surveillance auth
orities. For type-approved vehicles, systems, components and
separate technical units they shall also inform the approval
3. Importers
shall,
for
a
period
of
10
years
after
the
placing
authority that has granted the approval to that effect.
on the market of the vehicle and for a period of five years as
from the placing on the market for a system, component or
separate technical unit, keep a copy of the certificate of
conformity at the disposal of the approval and market
4. Importers shall indicate their name, registered trade name
surveillance authorities and ensure that the information
or registered trade mark and the address at which they can be
package as referred to in Article 24(10) can be made available
contacted on the vehicle, system, component, separate technical
to those authorities, upon request.
unit, part or equipment, or, where this is not possible, on its
packaging or in a document accompanying the system,
component, separate technical unit, part or equipment.
4. Importers
shall,
following
a
reasoned
request
from
a
national authority, provide it with all the information and docu
mentation necessary to demonstrate the conformity of a vehicle,
5. Importers shall ensure that the vehicle, system, system, component or separate technical unit in a language
component or separate technical unit is accompanied by
which can be easily understood by that authority. Importers
instructions and information, as required in accordance with
shall cooperate with that authority, at its request, on any
Article 51, in the official language or languages of the
action taken to eliminate the risks posed by a vehicle, system,
Member States concerned.
component, separate technical unit, part or equipment which
they have placed on the market.
6. Importers
shall
ensure
that,
while
a
vehicle,
system,
component or separate technical unit is under their responsi
bility, storage or transport conditions do not jeopardise its
Article 13
compliance with the requirements set out in this Regulation.
Obligations of distributors
1. When
making
a
vehicle,
system,
component,
separate
technical unit, part or equipment available on the market,
7. When
deemed
appropriate
with
regard
to
the
serious
risks distributors shall act with due care in relation to the
presented by a vehicle, system, component, separate technical
requirements of this Regulation.
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2. Before making available on the market, registration or
separate technical unit, part or equipment which they have
entry into service of a vehicle, system, component or separate
made available on the market.
technical unit, distributors shall verify that the vehicle, system,
component or separate technical unit bears the required
statutory marking or type-approval mark, that it is accompanied
Article 15
by the required documents and by instructions and safety
information in the official language or languages of the
Cases in which obligations of manufacturers apply to
Member State in which the vehicle, system, component or
importers and distributors
separate technical unit is to be made available on the market,
and that the importer and the manufacturer have complied with
An importer or distributor shall be considered a manufacturer
the requirements set out in Article 11(2) and (4) and
for the purposes of this Regulation and shall be subject to the
Article 34(1) and (2).
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
3. Distributors
shall
ensure
that,
while
a
vehicle,
system, its name or trademark or modifies a vehicle, system,
component or separate technical unit is under their responsi
component or separate technical unit in such a way that
bility, storage or transport conditions do not jeopardise its
compliance with the applicable requirements may be affected.
compliance with the requirements set out in this Regulation.
Article 16
Article 14
Identification of economic operators
Obligations of distributors concerning their products that
Economic operators shall, on request, identify the following to
are not in conformity or that present a serious risk
the approval and market surveillance authorities, for a period of
five years:
1. Where
distributors
consider
or
have
reason
to
believe
that
a vehicle, system, component or separate technical unit is not in
conformity with the requirements of this Regulation, they shall
not make available on the market or register or enter into
(a) any economic operator who has supplied them with a
service the vehicle, system, component or separate technical
vehicle, system, component, separate technical unit, part
unit until it has been brought into conformity.
or equipment;
2. Distributors
who
consider
or
have
reason
to
believe
that
a (b) any economic operator to whom they have supplied a
vehicle, system, component or separate technical unit which
vehicle, system, component, separate technical unit, part
they have made available on the market or registered or for
or equipment.
which they are responsible for the entry into service, is not in
conformity with this Regulation, shall inform the manufacturer
or the manufacturer’s representative to ensure that the
CHAPTER III
corrective measures necessary to bring that vehicle, system,
component or separate technical unit into conformity or to
SUBSTANTIVE REQUIREMENTS
recall it, if appropriate, are taken in accordance with Article 9(1)
Article 17
or Article 12(1).
Requirements for the functional safety of vehicles
1. Manufacturers
shall
ensure
that
vehicles
are
designed,
3. Where
the
vehicle,
system,
component,
separate
technical constructed and assembled so as to minimise the risk of
unit, part or equipment presents a serious risk, distributors shall
injury to the vehicle occupants and to other persons in the
immediately inform the manufacturer, the importer and the
vehicle’s surrounding area.
approval and market surveillance authorities of the Member
States in which they made it available on the market. The
distributor shall also inform them of any action taken and
2. Manufacturers shall ensure that vehicles, systems,
give details, in particular, of the serious risk and of corrective
components and separate technical units comply with the
measures taken by the manufacturer.
relevant requirements set out in this Regulation including the
requirements relating to:
4. Distributors
shall,
following
a
reasoned
request
from
a
national authority, ensure that the manufacturer provide the
(a) vehicle structure integrity;
national authority with the information specified in Article 9(4)
or that the importer provide the national authority with the
information specified in Article 12(3). They shall cooperate
(b) systems to aid the control of the vehicle by the driver, in
with that authority, at its request, on any action taken in
particular as regards steering and braking systems,
accordance with Article 20 of Regulation (EC) No 765/2008
including advanced braking systems and electronic
to eliminate the risks posed by the vehicle, system, component,
stability control systems;
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(c) systems to provide the driver with visibility and
detailed technical requirements for the subjects listed in
information on the state of the vehicle and the surrounding
paragraph 2 of this Article, including test procedures and
area, including glazing, mirrors and driver information
limit values, where applicable. The first such delegated acts
systems;
shall be adopted by 31 December 2014.
(d) vehicle lighting systems;
These detailed requirements shall be such as to increase or at
least maintain the level of functional safety provided for by the
(e) vehicle occupant protection, including interior fittings, head
Directives referred to in Article 76(1) and Article 77, and shall
restraint, seat belts, vehicle doors;
ensure the following:
(f) vehicle
exterior
and
accessories;
(a) vehicles with a maximum design speed of more than
40 km/h meet an equivalent level of functional safety with
(g) electromagnetic compatibility;
regard to brake performance and, where appropriate, anti-
lock braking systems as motor vehicles and their trailers;
(h) audible warning devices;
(i) heating
systems;
(b) the maximum contact pressure exerted on hard road surface
from tyres or tracks does not exceed 0,8 MPa.
(j) devices
to
prevent
unauthorised
use;
Article 18
(k) vehicle identification systems;
Requirements for occupational safety
(l) masses
and
dimensions;
1. Manufacturers
shall
ensure
that
vehicles
are
designed,
constructed and assembled so as to minimise the risk of
(m) electrical safety, including static electricity;
injury to persons working on or with the vehicle.
(n) rear protective structures;
2. Manufacturers shall ensure that vehicles, systems,
components and separate technical units comply with the
(o) lateral protection;
relevant requirements set out in this Regulation including the
requirements relating to:
(p) load platforms;
(a) roll-over protection structures (‘ROPS’);
(q) towing devices;
(b) falling objects protection structures (‘FOPS’);
(r) tyres;
(s) spray-suppression systems;
(c) passenger seats;
(t) reverse
gear;
(d) driver’s exposure to noise level;
(u) tracks;
(e) driving seat;
(v) mechanical couplings, including protection against errors of
(f) operating space and access to the driving position,
fitting.
including protection against slipping, tripping or falling;
3. Components of vehicles, whose hazards of an electrical
nature are covered by the delegated or implementing acts
(g) power take-offs;
adopted pursuant to this Regulation, shall not be subject to
Directive 2006/95/EC of the European Parliament and of the
(h) protection of drive components;
Council of 12 December 2006 on the harmonisation of the
laws of Member States relating to electrical equipment
designed for use within certain voltage limits (
(i) seat-belt
anchorage
points;
1 ).
4. The
requirements
referred
to
in
paragraphs
1
and
2
shall (j) safety
belts;
apply to vehicles, and to systems, components and separate
technical units intended for such vehicles, if they are applicable
(k) protection of driver against penetrating objects (Operator
in accordance with Annex I.
Protection Structures, ‘OPS’);
5. In order to ensure that a high level of functional safety is
attained, the Commission shall be empowered to adopt
(l) protection
of
driver
against
hazardous
substances;
delegated acts in accordance with Article 71 concerning the
(m) protection from exposure to parts or materials at extreme
( 1 ) OJ L 374, 27.12.2006, p. 10.
temperatures;
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(n) operators manual;
relevant requirements set out in this Regulation, including the
requirements relating to:
(o) controls, including safety and reliability of control systems,
emergency and automatic stop devices;
(a) pollutant emissions;
(p) protection against mechanical hazards, other than the ones
mentioned in points (a), (b), (g) and (k), including
(b) external sound level.
protection against rough surfaces, sharp edges and angles,
rupture of pipes carrying fluids and uncontrolled
movement of the vehicle;
3. The
specific
limit
values,
test
procedures
and
requirements
for pollutant emissions laid down for mobile machinery in
Directive 97/68/EC shall apply.
(q) operation and maintenance, including safe cleaning of the
vehicle;
4. The
limit
values
for
the
specific
external
sound
levels
shall
not exceed the following levels:
(r) guards and protective devices;
(s) information, warnings and markings;
(a) 89 dB(A) for tractors with an unladen mass, in running
order, of more than 1 500 kg;
(t) materials
and products;
(b) 85 dB(A) for tractors with an unladen mass, in running
order, of not more than 1 500 kg.
(u) batteries.
They shall be measured in accordance with the test procedures
3. The
requirements
referred
to
in
paragraphs
1
and
2
shall laid down in the delegated acts referred to in paragraph 6.
apply to vehicles, and to systems, components and separate
technical units intended for such vehicles, if they are applicable
in accordance with Annex I.
5. The requirements referred to in paragraphs 1 and 2 shall
apply to vehicles, and to systems, components and separate
4. In
order
to
ensure
that
a
high
level
of
occupational
safety technical units intended for such vehicles, if they are applicable
is attained, the Commission shall be empowered to adopt
in accordance with Annex I.
delegated acts in accordance with Article 71 concerning the
detailed technical requirements for the subjects listed in
paragraph 2 of this Article, including test procedures and
6. The
Commission
shall
be
empowered
to
adopt
delegated
limit values, where applicable. The first such delegated acts
acts in accordance with Article 71 concerning the detailed
shall be adopted by 31 December 2014.
technical requirements on the external sound level, including
test procedures, and on the installation in a vehicle of engines
which have been approved as regards pollutant emissions and
Those detailed technical requirements shall be such as to
the related provisions for flexibility in order to ensure that a
increase or at least maintain the level of occupational safety
high level of environmental performance will be obtained. The
provided for by the Directives referred to in Article 76(1) and
first such delegated acts shall be adopted by 31 December
Article 77, taking into account ergonomics (including
2014.
protection against foreseeable misuse, usability of control
systems, accessibility of controls to avoid their unintentional
activation, adaptation of the person/vehicle interface to the fore
seeable characteristics of the driver, vibrations and operator
Those specific technical requirements shall be such as to
intervention), stability and fire safety.
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.
Article 19
Requirements for environmental performance
CHAPTER IV
1. Manufacturers
shall
ensure
that
vehicles
are
designed,
EU TYPE-APPROVAL PROCEDURES
constructed and assembled so as to minimise the impact on
the environment.
Article 20
Procedures for EU type-approval
2. Manufacturers shall ensure that vehicles, systems, 1. When
applying
for
a
whole-vehicle
type-approval,
the
components and separate technical units comply with the
manufacturer may choose one of the following procedures:
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(a) step-by-step type-approval;
8. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 71 concerning detailed
arrangements with regard to type-approval procedures. The
(b) single-step type-approval;
first such delegated acts shall be adopted by 31 December
2014.
(c) mixed type-approval.
Article 21
Application for type-approval
In addition, the manufacturer may choose multi-stage type-
1. The manufacturer shall submit the application for type-
approval.
approval to the approval authority.
Only the single-step type-approval procedure is applicable for
2. Only
one
application
may
be
submitted
in
respect
of
a
the type-approval of systems, components or separate technical
particular type of vehicle, system, component or separate
units.
technical unit and it may be submitted in only one Member
State.
2. Step-by-step
type-approval
shall
consist
of
the
step-by-step 3. A
separate
application
shall
be
submitted
for
each
type
to
collection of the whole set of EU type-approval certificates for
be approved.
the systems, components and separate technical units forming
part of the vehicle, and which leads, at the final stage, to the
whole-vehicle type approval.
Article 22
Information folder
3. Single-step
type-approval
shall
consist
of
the
approval
of
a 1. The
applicant
shall
provide
the
approval
authority
with
an
vehicle as a whole by means of a single operation.
information folder.
2. The
information
folder
shall
include
the
following:
4. Mixed type-approval is a step-by-step type-approval
procedure for which one or more system approvals are
achieved during the final stage of the approval of the whole
(a) an information document;
vehicle, without it being necessary to issue the EU type-approval
certificates for those systems.
(b) all data, drawings, photographs and other information;
5. In
a
multi-stage
type-approval
procedure,
one
or
more (c) for vehicles, an indication of the procedure(s) chosen in
approval authorities certify that, depending on the state of
accordance with Article 20(1);
completion, an incomplete or completed type of vehicle
satisfies the relevant administrative provisions and technical
requirements of this Regulation.
(d) any additional information requested by the approval
authority in the context of the application procedure.
Multi-stage type-approval shall be granted in respect of a type
3. The
information
folder
may
be
supplied
on
paper
or
in
an
of incomplete or completed vehicle which conforms to the
electronic format that is accepted by the technical service and
particulars in the information folder provided for in Article 22
by the approval authority.
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.
4. The
Commission
shall
lay
down
templates
for
the
information document and for the information folder by
means of implementing acts. Those implementing acts shall
be adopted in accordance with the examination procedure
6. The
type-approval
for
the
final
stage
of
completion
shall referred to in Article 69(2). The first such implementing acts
be granted only after the approval authority has verified that the
shall be adopted by 31 December 2014.
vehicle type-approved at the final stage meets at that time all
applicable technical requirements. That shall include a docu
mentary check of all requirements covered by a type-approval
Article 23
for an incomplete vehicle granted in the course of a multistage
procedure, even where granted for a different (sub)category of
Specific requirements for information to be provided in
vehicle.
the application for type-approval under different
procedures
1. An
application
for
step-by-step
type-approval
shall
be
7. The
choice
of
approval
procedure
shall
not
affect
the accompanied by an information folder in accordance with
applicable substantive requirements with which the approved
Article 22 and by the complete set of type-approval
vehicle type has to comply at the time of issuing of the
certificates required pursuant to each of the applicable acts
whole-vehicle type-approval.
listed in Annex I.
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In the case of the type-approval of a system, component or
referred to in Article 28 and the compliance of the type of
separate technical unit, pursuant to the applicable acts listed
vehicle, system, component or separate technical unit with the
in Annex I, the approval authority shall have access to the
applicable requirements.
related information folder until such time as the approval is
either issued or refused.
2. EU
type-approvals
shall
be
granted
in
accordance
with
this
2. An application for single-step type-approval shall be
Chapter.
accompanied by an information folder provided for in Article 22
containing the relevant information in accordance with the
implementing acts adopted pursuant to this Regulation in
relation to those applicable acts.
3. If
an
approval
authority
finds
that
a
type
of
vehicle,
system, component or separate technical unit, though
conforming to the required provisions, presents a serious risk
to safety or may seriously harm the environment or public
3. In
the
case
of
a
mixed
type-approval
procedure,
the health or presents a serious risk to occupational safety, it may
information folder shall be accompanied by one or more
refuse to grant EU type-approval. In that case, it shall
type-approval certificates required pursuant to each of the
immediately send to the approval authorities of the other
applicable acts listed in Annex I and shall include, insofar as
Member States and the Commission a detailed file explaining
no type-approval certificate is presented, the relevant
the reasons for its decision and setting out the evidence for its
information in accordance with the implementing acts
findings.
adopted pursuant to this Regulation, in relation to those
applicable acts.
4. EU
type-approval
certificates
shall
be
numbered
in
4. Without
prejudice
to
paragraphs
1,
2
and
3,
the
following accordance with a harmonised system laid down by the
information shall be supplied for the purposes of multi-stage
Commission by means of implementing acts. Those imple
type-approval:
menting acts shall be adopted in accordance with the exam
ination procedure referred to in Article 69(2). The first such
implementing acts shall be adopted by 31 December 2014.
(a) 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;
5. The
approval
authority
shall,
within
one
month
of
issuing
the EU type-approval certificate, send to the approval authorities
of the other Member States a copy of the EU vehicle type-
(b) in the second and subsequent stages, those parts of the
approval certificate, together with the attachments, for each
information folder and the EU type-approval certificates
type of vehicle which it has approved by means of a
which are relevant to the current stage of construction,
common secure electronic exchange system. The copy may
together with a copy of the EU type-approval certificate
also take the form of a secure electronic file.
for the vehicle issued at the preceding stage of construction
and full details of any changes or additions that the manu
facturer has made to the vehicle.
6. The
approval
authority
shall
without
delay
inform
the
approval authorities of the other Member States of its refusal
The information specified in points (a) and (b) of the first
or withdrawal of any vehicle approval, together with the reasons
subparagraph of this paragraph may be supplied in accordance
for its decision.
with paragraph 3.
5. The
approval
authority
may,
by
reasoned
request,
require 7. At
three-monthly
intervals,
the
approval
authority
shall
the manufacturer to supply any additional information needed
send to the approval authorities of the other Member States a
to enable a decision to be taken on which tests are required or
list of the EU type-approvals it has granted, amended, refused to
to facilitate the execution of those tests.
grant or withdrawn for systems, components or separate
technical units during the preceding period.
CHAPTER V
CONDUCT OF EU TYPE-APPROVAL PROCEDURES
8. If
so
requested
by
an
approval
authority
of
another
Member State, the approval authority which has granted an
Article 24
EU type-approval shall, within one month of receiving that
General provisions
request, send to the former a copy of the requested EU type-
approval certificate, together with the attachments by means of
1. Approval
authorities
shall
grant
an
EU
type-approval
only a common secure electronic exchange system. The copy may
after verifying the conformity of production arrangements
also take the form of a secure electronic file.
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9. If
so
requested
by
the
Commission,
the
approval
authority (c) issue the completed certificate, together with its attach
shall submit the information referred to in paragraphs 5 to 8 to
ments, to the applicant without delay.
the Commission as well.
The Commission shall lay down the template for the test results
10. The
approval
authority
shall
put
together
an
information sheet referred to in point (a) by means of implementing acts.
package consisting of the information folder accompanied by
Those implementing acts shall be adopted in accordance with
the test reports and all other documents added by the technical
the examination procedure referred to in Article 69(2). The first
service or by the approval authority to the information folder in
such implementing acts shall be adopted by 31 December
the course of carrying out their functions. The information
2014.
package shall contain an index listing its contents, suitably
numbered or otherwise marked so as to identify clearly all
the pages and the format of each document such as to
present a record of the successive steps in the management of
4. In
the
case
of
an
EU
type-approval
for
which,
in
the EU type-approval, in particular the dates of revisions and
accordance with Article 35, restrictions have been imposed as
updating. The approval authority shall keep information
to its validity, or certain provisions of this Regulation or the
contained in the information package available for a period of
delegated and implementing acts adopted pursuant to this Regu
10 years after the end of validity of the approval concerned.
lation have been waived, the EU type-approval certificate shall
specify those restrictions or waivers.
Article 25
5. Where the manufacturer chooses the mixed type-approval
Specific provisions concerning the EU type-approval
procedure, the approval authority shall complete the
certificate
information package with the references to the test reports,
1. The
EU
type-approval
certificate
shall
contain,
as
attach
established by the implementing acts referred to in Article 27(1),
ments, the following:
for which no EU type-approval certificate is available.
(a) the information package referred to in Article 24(10);
6. Where
the
manufacturer
chooses
the
single-step
type-
approval procedure, the approval authority shall establish a
list of applicable requirements or acts and append that list to
the EU type-approval certificate. The Commission shall adopt
(b) the test results;
the template for such a list 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
(c) the name(s) and specimen(s) of the signature(s) of the
such implementing acts shall be adopted by 31 December
person(s) authorised to sign certificates of conformity and
2014.
a statement of their position in the company;
Article 26
(d) in the case of an EU whole-vehicle type-approval, a filled-
Specific provisions concerning systems, components or
out specimen of the certificate of conformity.
separate technical units
1. EU
type-approval
shall
be
granted
in
respect
of
a
system
which conforms to the particulars in the information folder and
2. The
EU
type-approval
certificate
shall
be
issued
on
the which meets the technical requirements laid down in the
basis of the template laid down by the Commission by means
relevant acts listed in Annex I.
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.
2. EU
type-approval
for
a
component
or
separate
technical
unit shall be granted in respect of a component or separate
technical unit that conforms to the particulars in the
3. In respect of each type of vehicle, the approval authority
information folder and which meets the technical requirements
shall:
laid down in the relevant acts listed in Annex I.
(a) complete all the relevant sections of the EU type-approval
3. Where
components
or
separate
technical
units,
whether
or
certificate, including the test results sheet appended thereto;
not intended for repair, servicing or maintenance, are also
covered by a system type-approval with respect to a vehicle,
no additional component or separate technical unit approval
shall be required unless provided for under the relevant acts
(b) compile the index to the information package;
listed in Annex I.
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4. Where
a
component
or
separate
technical
unit
fulfils
its 4. Subject to the agreement of the approval authority, virtual
function or offers a specific feature only in conjunction with
testing methods may be used as alternatives to the test
other parts of the vehicle, thereby making it possible to verify
procedures referred to in paragraph 1 at the request of the
compliance with the requirements only when the component or
manufacturer with respect to those requirements established
separate technical unit is operating in conjunction with those
in the delegated acts adopted pursuant to paragraph 6.
other vehicle parts, the scope of the EU type-approval of the
component or the separate technical unit shall be restricted
accordingly.
5. Virtual
testing
methods
shall
fulfil
the
conditions
set
out
in the delegated acts adopted pursuant to paragraph 6.
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.
6.
In order to ensure that the results obtained through virtual
testing are as meaningful as those obtained through physical
testing, the Commission shall be empowered to adopt
Where such a component or separate technical unit is fitted by
delegated acts in accordance with Article 71 concerning the
the vehicle manufacturer, compliance with any applicable
requirements which can be subject to virtual testing and the
restrictions on use or conditions for mounting shall be
conditions under which the virtual testing are to be performed.
verified at the time when the vehicle is approved.
When adopting those delegated acts, the Commission shall take
as a basis the requirements and procedures provided for in
Annex XVI to Directive 2007/46/EC of the European Parliament
and of the Council of 5 September 2007 establishing a
Article 27
framework for the approval of motor vehicles and their
Tests required for EU type-approval
trailers, and of systems, components and separate technical
units intended for such vehicles (Framework Directive) ( 1 ), as
1. Compliance
with
the
technical
prescriptions
laid
down
in appropriate.
this Regulation and in the acts listed in Annex I shall be
demonstrated by means of appropriate tests performed by
designated technical services.
Article 28
Conformity of production arrangements
The test procedures referred to in the first subparagraph and the
specific equipment and tools prescribed to perform those tests
1. An
approval
authority
which
grants
an
EU
type-approval
shall be those laid down in the relevant acts listed in Annex I.
shall take the necessary measures to verify, if necessary in
cooperation with the approval authorities of the other
Member States, that adequate arrangements have been made
to ensure that the vehicles, systems, components or separate
The format of the test report shall comply with the general
technical units in production will conform to the approved
requirements as laid down by the Commission by means of
type.
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.
2. An
approval
authority
which
grants
a
whole-vehicle
type-
approval shall take the necessary measures to verify that
certificates of conformity issued by the manufacturer conform
2. The
manufacturer
shall
make
available
to
the
approval to Article 33. To that end, the approval authority shall verify
authority as many vehicles, components or separate technical
that a sufficient number of samples of certificates of conformity
units as are required under the relevant acts listed in Annex I
conform to Article 33 and that the manufacturer has made
for the performance of the required tests.
adequate arrangements to ensure that the data in the certificates
of conformity are correct.
3. The
required
tests
shall
be
performed
on
vehicles,
components and separate technical units which are represen
tative of the type to be approved.
3. An
approval
authority
which
has
granted
an
EU
type-
approval shall take the necessary measures in relation to that
approval to verify, if necessary in cooperation with the approval
authorities of the other Member States, that the arrangements
However, the manufacturer may select, in agreement with the
referred to in paragraphs 1 and 2 continue to be adequate so
approval authority, a vehicle, system, component or separate
that vehicles, systems, components or separate technical units in
technical unit which, while not representative of the type to
production will continue to conform to the approved type and
be approved, combines a number of the most unfavourable
that certificates of conformity continue to comply with
features with regard to the required level of performance.
Article 33.
Virtual testing methods may be used to aid decision-making
during the selection process.
( 1 ) OJ L 263, 9.10.2007, p. 1.
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4. In order to verify that a vehicle, system, component or
Article 30
separate technical unit conforms to the approved type, the
approval authority which has granted the EU type-approval
Revisions and extensions of EU type-approvals
may carry out any of the checks or tests, required for the EU
1. If
particulars
recorded
in
the
information
package
have
type-approval, on samples taken at the premises of the manu
changed, without requiring inspections or tests to be repeated,
facturer, including production facilities.
the amendment shall be designated a ‘revision’.
5. When an approval authority which has granted an EU
In such cases, the approval authority shall issue the revised
type-approval establishes that the arrangements referred to in
pages of the information package as necessary, marking each
paragraphs 1 and 2 are not being applied, deviate significantly
revised pages to show clearly the nature of the change and the
from the arrangements and control plans agreed, have ceased to
date of reissue. A consolidated, updated version of the
be applied or are no longer considered to be adequate, even
information package, accompanied by a detailed description of
though production is continued, it shall take the necessary
the changes, shall be deemed to meet that requirement.
measures to ensure that the procedure for conformity of
production is followed correctly or shall withdraw the type-
approval.
2. The
amendment
shall
be
designated
an
‘extension’
when
particulars recorded in the information package have changed
and any of the following occurs:
6. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 71 concerning the detailed
(a) further inspections or tests are required;
arrangements with regard to conformity of production. The
first such delegated acts shall be adopted by 31 December
2014.
(b) any information on the EU type-approval certificate, with
the exception of its attachments, has changed;
CHAPTER VI
(c) new requirements under any act listed in Annex I become
AMENDMENTS TO EU TYPE-APPROVALS
applicable to the approved vehicle type or to the approved
Article 29
system, component or separate technical unit.
General provisions
1. The
manufacturer
shall
inform
without
delay
the
approval In the event of an extension, the approval authority shall issue
authority that granted the EU type-approval of any change in
an updated EU type-approval certificate denoted by an
the particulars recorded in the information package.
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.
That approval authority shall decide which of the procedures
laid down in Article 30 is to be followed.
3. Whenever
amended
pages
or
a
consolidated,
updated
version are issued, the index to the information package
Where necessary, the approval authority may decide, after
attached to the approval certificate shall be amended
consulting the manufacturer, that a new EU type-approval is
accordingly to show the date of the most recent extension or
to be granted.
revision, or the date of the most recent consolidation of the
updated version.
2. An
application
for
the
amendment
of
an
EU
type-approval 4. No
amendment
to
the
type-approval
of
a
vehicle
shall
be
shall be submitted exclusively to the approval authority that
required if the new requirements referred to in point (c) of
granted the original EU type-approval.
paragraph 2 are, from a technical point of view, irrelevant to
that type of vehicle or concern categories of vehicle other than
the category to which it belongs.
3. If the approval authority finds that, for the purposes of
making an amendment, inspections or tests need to be repeated,
it shall inform the manufacturer accordingly.
Article 31
Issue and notification of amendments
1. In
the
case
of
an
extension
all
relevant
sections
of
the
EU
The procedures referred to in Article 30 shall apply only if, on
type-approval certificate, the attachments thereto, and the index
the basis of those inspections or tests, the approval authority
to the information package shall be updated. The updated
concludes that the requirements for EU type-approval continue
certificate and its attachments shall be issued to the applicant
to be fulfilled.
without delay.
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2. In the case of a revision, the revised documents or the
The approval authority that granted the EU type-approval shall
consolidated, updated version, as appropriate, including the
without delay communicate all relevant information to the
revised index to the information package, shall be issued by
approval authorities of the other Member States so as to
the approval authority to the applicant without delay.
enable the application, where appropriate, of Article 39.
3. The
approval
authority
shall
notify
any
amendment
made
to EU type-approvals to the approval authorities of the other
The communication referred to in the second subparagraph
Member States in accordance with the procedures set out in
shall specify, in particular, the date of production and the
Article 24.
vehicle identification number of the last vehicle produced.
CHAPTER VII
CHAPTER VIII
VALIDITY OF EU TYPE-APPROVAL
CERTIFICATE OF CONFORMITY AND MARKINGS
Article 32
Article 33
Termination of validity
Certificate of conformity
1. EU
type-approvals
shall
be
issued
for
an
unlimited 1. The manufacturer, in its capacity as the holder of a vehicle
duration.
type-approval, shall deliver a certificate of conformity as a paper
document to accompany each vehicle, whether complete,
incomplete or completed, which is manufactured in conformity
2. An
EU
type-approval
of
a
vehicle
shall
become
invalid
in with the approved vehicle type.
any of the following cases:
(a) new requirements applicable to the approved vehicle type
Such a certificate shall be delivered free of charge to the buyer
become mandatory for the making available on the market,
together with the vehicle. Its delivery may not be made
registration, or entry into service of vehicles, and it is not
dependent on an explicit request or the submission of
possible to update the type-approval accordingly;
additional information to the manufacturer.
(b) production of the approved vehicle is definitively discon
For a period of 10 years after the production date of the vehicle,
tinued voluntarily;
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
(c) the validity of the approval expires by virtue of a restriction
word ‘duplicate’ shall be clearly visible on the face of any
in accordance with Article 35(6);
duplicate certificate.
(d) the approval has been withdrawn in accordance with
Article 28(5), Article 44(1) or Article 47(4).
2. The
manufacturer
shall
use
the
template
for
the
certificate
of conformity adopted by the Commission by means of imple
menting acts. Those implementing acts shall be adopted in
3. Where
only
one
variant
within
a
type
or
one
version accordance with the examination procedure referred to in
within a variant becomes invalid, the EU type-approval of the
Article 69(2). The certificate of conformity shall be designed
vehicle in question shall lose validity only in so far as the
to prevent forgery. To that end, the implementing acts shall
particular variant or version is concerned.
provide that the paper used in the certificate shall be
protected by several security printing features. The first such
implementing acts shall be adopted by 31 December 2014.
4. When
production
of
a
particular
type
of
vehicle
is
defini
tively discontinued, the manufacturer shall notify the approval
authority that granted the EU type-approval for that vehicle.
3. The
certificate
of
conformity
shall
be
drawn
up
in
at
least
one of the official languages of the Union. Any Member State
may request the certificate of conformity to be translated into
Within one month of receiving the notification referred to in
its own official language or languages.
the first subparagraph, the approval authority which granted the
EU type-approval for the vehicle shall inform the approval auth
orities of the other Member States accordingly.
4. The
person(s)
authorised
to
sign
certificates
of
conformity
shall be in the manufacturer’s organisation and shall be duly
5. Without
prejudice
to
paragraph
4,
in
cases
where
an
EU authorised by the management to fully engage the legal respon
type-approval of a vehicle is due to become invalid, the manu
sibility of the manufacturer with respect to the design and the
facturer shall notify the approval authority that granted the EU
construction or to the conformity of the production of the
type-approval.
vehicle.
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5. The
certificate
of
conformity
shall
be
completed
in
its 3. The
statutory
plate
and
EU
type-approval
mark
shall
be
in
entirety and shall not contain restrictions as regards the use
accordance with the model set out by the Commission by
of the vehicle other than those provided for in this Regulation
means of implementing acts. Those implementing acts shall
or any of the delegated acts adopted pursuant to this Regu
be adopted in accordance with the examination procedure
lation.
referred to in Article 69(2). The first such implementing acts
shall be adopted by 31 December 2014.
6. In
the
case
of
an
incomplete
or
completed
vehicle,
the
manufacturer shall fill in only those items of the certificate of
conformity which have been added or changed at the current
CHAPTER IX
stage of approval and, if applicable, shall attach to the certificate
EXEMPTIONS FOR NEW TECHNOLOGIES OR NEW CONCEPTS
all certificates of conformity delivered at the previous stages.
Article 35
Exemptions for new technologies or new concepts
7. The
certificate
of
conformity
shall,
for
vehicles
approved 1. The
manufacturer
may
apply
for
an
EU
type-approval
in
in accordance with Article 35(2), display in its title the phrase
respect of a type of vehicle, system, component or separate
‘For complete/completed vehicles, type-approved in application
technical unit that incorporates new technologies or concepts
of Article 26 of Regulation (EU) No 167/2013 of the European
which are incompatible with one or more acts listed in Annex I.
Parliament and of the Council of 5 February 2013 on the
approval and market surveillance of agricultural and forestry
vehicles (provisional approval)’.
2. The
approval
authority
shall
grant
the
EU
type-approval
referred to in paragraph 1 where all of the following conditions
8. The
certificate
of
conformity
as
set
out
in
the
imple
are met:
menting acts referred to in paragraph 2, shall, for vehicles
type-approved in accordance with Article 37, display in the
title thereof the phrase ‘For complete/completed vehicles type-
approved in small series’, and in close proximity thereto the
(a) the application states the reasons why the technologies or
year of production followed by a sequential number, between
concepts in question make the system, component or
1 and the limit indicated in the table set out in Annex II,
separate technical unit incompatible with one or more
denoting, in respect of each year of production, the position
acts listed in Annex I;
of that vehicle within the production allocated for that year.
9. Without
prejudice
to
paragraph
1,
the
manufacturer
may (b) the application describes the safety and environmental
transmit the certificate of conformity by electronic means to the
implications of the new technology and the measures
registration authority of any Member State.
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;
Article 34
Statutory plate with the appropriate marking of vehicles
and type-approval mark of components or separate
(c) test descriptions and results are presented which prove that
technical units
the condition in point (b) is met.
1. The
manufacturer
of
a
vehicle
shall
affix
to
each
vehicle
manufactured in conformity with the approved type a statutory
plate with the appropriate marking required by the relevant
3. The
granting
of
such
an
EU
type-approval
exempting
new
implementing act adopted pursuant to paragraph 3.
technologies or new concepts shall be subject to authorisation
by the Commission. That authorisation shall be given by means
of an implementing act. That implementing act shall be adopted
in accordance with the examination procedure referred to in
2. The
manufacturer
of
a
component
or
separate
technical Article 69(2).
unit, whether or not it is part of a system, shall affix to each
component or separate technical unit manufactured in
conformity with the approved type the type-approval mark
required by the relevant implementing act adopted pursuant
to this Regulation or the relevant UNECE regulation or OECD
4.
Pending the decision on authorisation by the Commission,
Code.
the approval authority may already issue the EU type-approval,
but it shall be provisional, valid only in the territory of that
Member State, in respect of a type of vehicle covered by the
exemption sought. The approval authority shall inform the
Where no such type-approval mark is required, the manu
Commission and the other Member States thereof without
facturer shall affix at least the trade name or trade mark of
delay by means of a file containing the information referred
the manufacturer, the type number or an identification number.
to in paragraph 2.
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The provisional nature and the limited territorial validity shall
CHAPTER X
be apparent from the heading of the type-approval certificate
and the heading of the certificate of conformity. The
VEHICLES PRODUCED IN SMALL SERIES
Commission may adopt implementing acts in order to
Article 37
provide for harmonised templates for the type-approval
certificate and the certificate of conformity for the purposes
National type-approval of small series
of this paragraph. Those implementing acts shall be adopted
1. The
manufacturer
may
apply
for
a
national
type-approval
in accordance with the examination procedure referred to in
of small series of a type of vehicle within the quantitative
Article 69(2).
annual limits set out in Annex II. These limits shall apply to
the making available on the market, registration or entry into
service of vehicles of the approved type on the market of each
5. Other
approval
authorities
may
decide
to
accept
in
writing Member State in a given year.
the provisional approval referred to in paragraph 4 within their
territory.
For the national type-approval of small series, the approval
authority may, if it has reasonable grounds to do so, waive
6. Where appropriate, the authorisation by the Commission
one or more of the provisions of this Regulation and one or
referred to in paragraph 3 shall also specify whether it is subject
more of the provisions of one or more of the acts listed in
to any restrictions. In all cases, the type-approval shall be valid
Annex I, provided that it specifies alternative requirements.
for at least 36 months.
7. If
the
Commission
decides
to
refuse
authorisation,
the 2. The
alternative
requirements
referred
to
in
paragraph
1
approval authority shall immediately give notice to the holder
shall ensure a level of functional safety and environmental
of the provisional type-approval referred to in paragraph 3 that
protection and occupational safety which is equivalent to the
the provisional approval will be revoked six months after the
greatest extent practicable to the level provided for by the
date of the Commission’s refusal.
relevant acts listed in Annex I.
However, vehicles manufactured in conformity with the
3. For
the
national
type-approval
of
vehicles
under
this
provisional approval before it ceases to be valid may be
Article, systems, components or separate technical units which
placed on the market, registered or entered into service in
are type-approved in accordance with the acts listed in Annex I
any Member State that accepted the provisional approval.
shall be accepted.
Article 36
4. The
type-approval
certificate
for
vehicles
type-approved
in
Subsequent adaptation of delegated and implementing acts
accordance with this Article shall be drafted in accordance with
the template referred to in Article 25(2), but shall not bear the
1. Where the Commission authorises the granting of an
heading ‘EU vehicle type-approval certificate’ and shall specify
exemption pursuant to Article 35, it shall immediately take
the content of the waivers granted pursuant to paragraph 1.
the necessary steps to adapt the delegated or implementing
Type-approval certificates shall be numbered in accordance with
acts concerned to technological developments.
the harmonised system referred to in Article 24(4).
Where the exemption under Article 35 relates to a UNECE
5. The validity of a national type-approval of small series
regulation, the Commission shall propose an amendment to
shall be restricted to the territory of the Member State whose
the relevant UNECE regulation in accordance with the
approval authority granted the approval.
procedure applicable under the Revised 1958 Agreement.
2. As
soon
as
the
relevant
acts
have
been
amended,
any 6. However,
at
the
request
of
the
manufacturer,
a
copy
of
the
restriction in the Commission decision authorising the
type-approval certificate and its attachments shall be sent by
exemption shall be lifted.
registered mail or by electronic mail to the approval authorities
of the Member States designated by the manufacturer.
If the necessary steps to adapt the delegated or implementing
acts have not been taken, the Commission may, at the request
7. Within three months of receipt of the request referred to
of the Member State which granted the approval, authorise, by
in paragraph 6, the approval authorities of the Member States
means of a decision in the form of an implementing act
designated by the manufacturer shall decide whether or not they
adopted in accordance with the examination procedure
accept the type-approval. They shall formally communicate their
referred to in Article 69(2), the Member State to extend the
decision to the approval authority which granted the national
type-approval.
type-approval of small series.
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8. The
approval
authorities
of
the
Member
States
shall
accept 2. Paragraph
1
shall
apply,
in
the
case
of
complete
vehicles,
the national type-approval unless they have reasonable grounds
for a period of 24 months from the date on which the EU type-
to believe that the national technical requirements in accordance
approval became invalid and, in the case of completed vehicles,
with which the vehicle was approved are not equivalent to their
for a period of 30 months from that date.
own.
3. A
manufacturer
who
wishes
to
benefit
from
paragraph
1
9. At
the
request
of
an
applicant
who
wishes
to
place
on
the shall submit a request to the national authority of each Member
market or register a vehicle with national type-approval of small
State where the vehicles in question are to be made available on
series in another Member State, the approval authority that
the market, registered or entered into service. That request shall
granted the national type-approval of small series shall
specify any technical or economic reasons preventing those
provide the national authority of the other Member State with
vehicles from complying with the new type-approval require
a copy of the type-approval certificate including the information
ments.
package. Paragraphs 7 and 8 shall apply.
The national authority concerned shall decide, within three
months of receiving the request, whether and in what number
CHAPTER XI
to permit the registration of those vehicles within their territory.
MAKING AVAILABLE ON THE MARKET, REGISTRATION OR
ENTRY INTO SERVICE
4. The
amount
of
end-of-series
vehicles
shall
not
exceed
Article 38
10 % of the number of vehicles registered in the two
Making available on the market, registration or entry into
preceding years or 20 vehicles per Member State, whichever is
service of vehicles
higher.
1. Without
prejudice
to
Articles
41
and
44,
vehicles
for
which EU whole-vehicle type-approval is mandatory or for
5. A
special
entry
qualifying
the
vehicle
as
‘end-of-series’
which the manufacturer has obtained such type-approval
shall be made on the certificate of conformity of the vehicles
under this Regulation shall only be made available on the
put into service under this procedure.
market, registered or enter into service if they are accompanied
by a valid certificate of conformity issued in accordance with
Article 33.
6. Member
States
shall
ensure
that
the
number
of
vehicles
to
be made available on the market, registered or entered into
service under the procedure set out in this Article is effectively
Where such vehicles are incomplete, making available on the
monitored.
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
7. This
Article
shall
apply
only
to
discontinuation
due
to
on the road of such vehicles.
termination of validity of the type-approval in the case
referred to in point (a) of Article 32(2).
2. Paragraph
1
shall
not
apply
to
vehicles
intended
for
use
by the armed services, by civil defence, fire services and forces
Article 40
responsible for maintaining public order or to vehicles approved
Making available on the market or entry into service of
in accordance with Article 37.
components and separate technical units
1. Components
or
separate
technical
units
may
only
be
made available on the market or entered into service if they
Article 39
comply with the requirements of the relevant acts listed in
Making available on the market registration or entry into
Annex I and are properly marked in accordance with Article 34.
service of end-of-series vehicles
1. Subject
to
the
end-of-series
limits
and
time
limit
specified 2. Paragraph
1
shall
not
apply
in
the
case
of
components
or
in paragraphs 2 and 4, vehicles conforming to a type of vehicle
separate technical units which are specifically constructed or
whose EU type-approval has become invalid pursuant to
designed for new vehicles not covered by this Regulation.
Article 32 may be made available on the market, registered
or entered into service.
3. By way of derogation from paragraph 1, Member States
may permit the making available on the market or entry into
The first subparagraph shall apply only to vehicles within the
service of components or separate technical units which have
territory of the Union which were covered by a valid EU type-
been exempted from one or more provisions of this Regulation
approval at the time of their production, but which had neither
under Article 35 or are intended for mounting on vehicles
been made available on the market, registered nor entered into
covered by approvals granted under Article 37 that concern
service before that EU type-approval lost its validity.
the component or separate technical unit in question.
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4. By
way
of
derogation
from
paragraph
1,
and
unless vehicles, systems, components or separate technical units that
otherwise provided for in this Regulation or in one of the
it has placed on the market, registered or is responsible for its
delegated acts adopted pursuant to this Regulation, Member
entry into service in the Union.
States may permit the making available on the market or
entry into service of components or separate technical units
which are intended for mounting on vehicles which, when
4. Where
the
economic
operator
does
not
take
adequate
made available on the market or entered into service, were
corrective action within the period referred to in the second
not required to be type-approved by this Regulation or by
subparagraph of paragraph 1, the national authorities shall
Directive 2003/37/EC.
take all appropriate measures to prohibit or restrict the
making available on the market, registration or entry into
service of non-compliant vehicles, systems, components or
separate technical units on their national market, to withdraw
CHAPTER XII
them from that market or to recall them.
SAFEGUARD CLAUSES
Article 41
5. The
national
authorities
shall,
without
delay,
inform
the
Procedure for dealing with vehicles, systems, components
Commission and the other Member States of the measures
or separate technical units presenting a serious risk at
provided for in paragraph 4.
national level
1. Where
the
market
surveillance
authorities
of
one
Member
State have taken action pursuant to Article 20 of Regulation
The information provided shall include all available details, in
(EC) No 765/2008, or where they have sufficient reason to
particular the data necessary for the identification of the non-
believe that a vehicle, system, component or separate
compliant vehicle, system, component or separate technical
technical unit covered by this Regulation presents a serious
unit, its origin, the nature of the non-conformity alleged and
risk to the health or safety of persons or to other aspects of
the risk involved, the nature and duration of the national
the protection of public interests covered by this Regulation, the
measures taken, and the arguments put forward by the
approval authority that granted the approval shall carry out an
relevant economic operator. In particular, the approval auth
evaluation in relation to the vehicle, system, component or
orities shall indicate whether the non-conformity is due to
separate technical unit concerned covering all the requirements
either of the following:
laid down in this Regulation. The relevant economic operators
shall cooperate fully with the approval and/or market
surveillance authorities.
(a) 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
Where, in the course of that evaluation, the approval authority
by this Regulation;
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
(b) shortcomings in the relevant acts listed in Annex I.
delay require the relevant economic operator to take all appro
priate corrective action to bring the vehicle, system, component
or separate technical unit into compliance with those require
ments, to withdraw the vehicle, system, component or separate
6. Member
States
shall
within
one
month
inform
the
technical unit from the market, or to recall it within a
Commission and the other Member States of any measures
reasonable period, commensurate with the nature of the risk.
adopted and of any additional information at their disposal
relating to the non-conformity of the vehicle, system,
component or separate technical unit concerned, and, in the
event of disagreement with the notified national measure, of
Article 21 of Regulation (EC) No 765/2008 shall apply to the
their objections.
measures referred to in the second subparagraph of this para
graph.
7. Where,
within
one
month
of
receipt
of
the
information
referred to in paragraph 6 of this Article, an objection has been
raised by either another Member State or the Commission in
2. Where
the
approval
authorities
consider
that
non- respect of a measure taken by a Member State, that measure
conformity is not restricted to their national territory, they
shall be evaluated by the Commission in accordance with
shall inform the Commission and the other Member States of
Article 42.
the results of the evaluation and the action required of the
economic operator.
8. Member
States
shall
ensure
that
appropriate
restrictive
measures are taken in respect of the vehicle, system,
component or separate technical unit concerned, such as with
3. The
economic
operator
shall
ensure
that
all
appropriate drawal of the vehicle, system, component or separate technical
corrective action is taken in respect of all non-compliant
unit from their market, without delay.
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Article 42
entry into service, no longer presents that risk, to withdraw the
vehicle, system, component or separate technical unit from the
Union safeguard procedure
market or to recall it within a reasonable period, commensurate
1. Where, during the procedure set out in Article 41(3)
with the nature of the risk. The Member State may refuse to
and (4), objections are raised against a measure taken by a
register such vehicles until the vehicle manufacturer has taken
Member State, or where the Commission considers a national
all appropriate measures.
measure to be contrary to the Union legislation, the
Commission shall without delay evaluate the national measure
after consulting Member States and the relevant economic
operator or operators. On the basis of the results of that evalu
2. For
a
vehicle,
system,
component
or
separate
technical
ation, the Commission shall decide, in accordance with the
unit as referred to in paragraph 1, the economic operator
examination procedure referred to in Article 69(2), whether
shall ensure that corrective action is taken in respect of all
the national measure is considered justified or not.
such vehicles, systems, components or separate technical units
placed on the market, registered or entered into service in the
Union.
The Commission shall communicate its decision to all Member
States and to the relevant economic operator or operators.
3. The
Member
State
referred
to
in
paragraph
1
shall
within
one month inform the Commission and the other Member
States of all available details, in particular the data necessary
2. If
the
national
measure
is
considered
justified
by
the for the identification of the vehicle, system, component or
Commission, all Member States shall take the measures
separate technical unit concerned, the origin and the supply
necessary to ensure that the non-compliant vehicle, system,
chain of the vehicle, system, component or separate technical
component or separate technical unit is withdrawn from their
unit, the nature of the risk involved and the nature and duration
market, and shall inform the Commission accordingly. If the
of the national measures taken.
national measure is considered unjustified, the Member State
concerned shall withdraw or adapt the measure, in accordance
with the decision referred to in paragraph 1.
4. The
Commission
shall,
without
delay,
consult
the
Member
States and the relevant economic operator or operators and, in
particular, the approval authority that granted the type-approval,
3. Where the national measure is considered justified and is
and shall evaluate the national measures taken. On the basis of
attributed to shortcomings in this Regulation or in delegated or
that evaluation, the Commission shall decide whether the
implementing acts adopted pursuant to this Regulation, the
national measures referred to in paragraph 1 are considered
Commission shall propose appropriate measures as follows:
justified or not and, where necessary, propose appropriate
measures.
(a) where delegated or implementing acts adopted pursuant to
this Regulation are concerned, the Commission shall
5. The
Commission
shall
address
its
decision
to
all
Member
propose the necessary amendments to the act concerned;
States and shall immediately communicate it to them and the
relevant economic operator or operators.
(b) where UNECE regulations are concerned, the Commission
shall propose the necessary draft amendments to the
Article 44
relevant UNECE regulations in accordance with the
procedure applicable under the Revised 1958 Agreement.
Vehicles, systems, components or separate technical units
not in conformity with the approved type
1. Where
new
vehicles,
systems,
components
or
separate
technical units accompanied by a certificate of conformity or
Article 43
bearing an approval mark do not conform to the approved
type, the approval authority which granted the EU type-
Compliant vehicles, systems, components or separate
approval shall take the necessary measures, including the with
technical units that present a serious risk
drawal of type-approval, to ensure that vehicles, systems,
1. Where, having performed an evaluation under components or separate technical units in production are
Article 41(1), a Member State finds that vehicles, systems,
brought into conformity with the approved type.
components or separate technical units, although they comply
with the applicable requirements or are properly marked,
present a serious risk to safety or may seriously harm the
environment or public health, it shall require the relevant
2. For
the
purposes
of
paragraph
1,
deviations
from
the
economic operator to take all appropriate measures to ensure
particulars in the EU type-approval certificate or the information
that the vehicle, system, component or separate technical unit
package shall be deemed to constitute failure to conform to the
concerned, when placed on the market, registered or after its
approved type.
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3. If
an
approval
authority
demonstrates
that
new
vehicles, the vehicle or for its environmental performance shall not be
components or separate technical units accompanied by a
placed on the market, registered or enter into service and shall
certificate of conformity or bearing an approval mark issued
be prohibited, unless they have been authorised by an approval
in another Member State do not conform to the approved
authority in accordance with Article 46(1), (2) and (4).
type, it may ask the approval authority which granted the EU
type-approval to verify that vehicles, systems, components or
separate technical units in production continue to conform to
2. In
order
to
ensure
the
uniform
application
of
paragraph
1,
the approved type. On receipt of such a request, the approval
the Commission may adopt implementing acts to draw up a list
authority which granted the EU type-approval shall take the
of such parts or equipment on the basis of available
requisite action as soon as possible and at the latest within
information, and in particular information communicated by
three months of the date of the request.
the Member States regarding:
4. The approval authority shall request the approval
authority which granted the EU type-approval for a system,
(a) the seriousness of the risk to the safety or environmental
component, separate technical unit or incomplete vehicle to
performance of vehicles fitted with the parts or equipment
take the necessary action to ensure that vehicles in production
in question;
are brought back into conformity with the approved type in the
following cases:
(b) the possible effect on consumers and after-market manu
facturers of the imposition under this Article of a possible
(a) for an EU vehicle type-approval, where the non-conformity
authorisation requirement for parts or equipment.
of a vehicle is attributable exclusively to the non-conformity
of a system, component or separate technical unit;
Those implementing acts shall be adopted in accordance with
(b) for a multi-stage type-approval, where the non-conformity
the examination procedure referred to in Article 69(2).
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
3. Paragraph
1
shall
not
apply
to
original
parts
or
equipment
non-conformity of the incomplete vehicle itself.
and to parts or equipment that are type-approved in accordance
with any of the acts listed in Annex I, except where the
approval relates to aspects other than those covered in
5. On
receipt
of
such
a
request,
the
approval
authority paragraph 1.
concerned shall take the necessary action, if necessary in
conjunction with the approval authority making the request,
as soon as possible and at the latest within three months of
the date of the request.
4. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 71 concerning the requirements
which the parts and equipment referred to in paragraph 1 of
6. Where non-conformity is established, the approval
this Article shall fulfil.
authority of the Member State that granted the EU type-
approval for the system, component or separate technical unit
or for the incomplete vehicle shall take the measures set out in
5. These
requirements
may
be
based
on
the
acts
listed
in
paragraph 1.
Annex I or may consist of a comparison of the parts or
equipment with the environmental or safety performance of
the original vehicle, or of any of its parts, as appropriate. In
The approval authorities shall inform each other within one
either case, the requirements shall ensure that the parts or
month of any withdrawal of EU type-approval and of the
equipment do not impair the functioning of those systems
reasons therefor.
that are essential for the safety of the vehicle or its environ
mental performance.
7. If
the
approval
authority
that
granted
the
EU
type-
approval disputes the non-conformity notified to it, the
Member States concerned shall endeavour to settle the
Article 46
dispute. The Commission shall be kept informed and, where
necessary, shall hold appropriate consultations with a view to
Parts or equipment that may pose a serious risk to the
reaching a settlement.
correct functioning of essential systems — related
requirements
1. For the purposes of Article 45(1), the manufacturer of
Article 45
parts or equipment shall submit to the approval authority an
Placing on the market and entry into service of parts or
application accompanied by a test report drafted by a
equipment that may pose a serious risk to the correct
designated technical service which certifies that the parts or
functioning of essential systems
equipment for which authorisation is sought comply with the
requirements referred to in Article 45(4). The manufacturer may
1. Parts
or
equipment
that
may
pose
a
serious
risk
to
the submit only one application per type of part to only one
correct functioning of systems that are essential for the safety of
approval authority.
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If so requested by the competent authority of another Member
of the Commission. The Commission shall take the appropriate
State, the approval authority which has given the authorisation
measures in order to resolve the disagreement, including, where
shall, within one month of receiving that request, send to the
necessary, requiring the withdrawal of the authorisation, after
former a copy of the requested authorisation certificate together
having consulted the approval authorities.
with the attachments by means of a common secure electronic
exchange system. The copy may also take the form of a secure
electronic file.
7. Until the list referred to in Article 45(2) has been estab
lished, Member States may maintain national provisions dealing
2. The
application
shall
include
details
of
the
manufacturer with parts or equipment which may affect the correct func
of the parts or equipment, the type, identification and part
tioning of systems essential for the safety of the vehicle or its
numbers of the parts or equipment, the vehicle manufacturer’s
environmental performance.
name, type of vehicle and, if appropriate, year of construction
or any other information permitting the identification of the
vehicle to which the parts or equipment are to be fitted.
Article 47
Recall of vehicles, systems, components or separate
When the approval authority is satisfied, taking account of the
technical units
test report and other evidence, that the parts or equipment in
question comply with the requirements referred to in
1. Where
a
manufacturer
who
has
been
granted
an
EU
Article 45(4), it shall authorise the parts or equipment to be
whole-vehicle type-approval is obliged, in accordance with
placed on the market and to be entered into service, subject to
Regulation (EC) No 765/2008, to recall vehicles placed on the
the second subparagraph of paragraph 4 of this Article.
market, registered or for which the manufacturer was
responsible for the entry into service, because a system,
component or separate technical unit fitted to the vehicle
The approval authority shall issue a certificate to the manu
presents a serious risk to safety, public health or environmental
facturer without delay.
protection, whether or not duly approved in accordance with
this Regulation, or because a part not subject to any specific
requirements under type-approval legislation presents a serious
3. The
Commission
may
adopt
implementing
acts
in
order risk to safety, public health or environmental protection, that
to lay down a template and numbering system for the certificate
manufacturer shall immediately inform the approval authority
referred to in the third subparagraph of paragraph 2 of this
that granted the vehicle approval.
Article. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 69(2).
2. Where
a
manufacturer
of
systems,
components
or
4. The
manufacturer
shall
inform
without
delay
the
approval separate technical units, who has been granted an EU type-
authority that gave the authorisation of any change affecting the
approval is obliged, in accordance with Regulation (EC) No
conditions under which it was issued. That approval authority
765/2008, to recall systems, components or separate technical
shall decide whether the authorisation has to be reviewed or
units which have been placed on the market or for which the
reissued and whether further tests are necessary.
manufacturer was responsible for the entry into service, because
they present a serious risk to safety, occupational safety, public
health or environmental protection, whether or not duly
approved in accordance with this Regulation, the manufacturer
The manufacturer shall be responsible for ensuring that the
shall immediately inform the approval authority that granted
parts or equipment are produced and continue to be
the approval.
produced under the conditions under which the authorisation
was issued.
3. The
manufacturer
shall
propose
to
the
approval
authority
5. Before
delivering
any
authorisation,
the
approval
authority a set of appropriate remedies to neutralise the serious risk
shall verify the existence of satisfactory arrangements and
referred to in paragraphs 1 and 2. The approval authority
procedures for ensuring effective control of the conformity of
shall communicate the proposed remedies to the approval auth
production.
orities of the other Member States without delay.
Where the approval authority finds that the conditions for
issuing the authorisation are no longer fulfilled, it shall
The approval authorities shall ensure that the remedies are effec
request the manufacturer to take the necessary measures to
tively implemented in their respective Member States.
ensure that the parts or equipment are brought back into
conformity. If necessary, it shall withdraw the authorisation.
4. If
the
remedies
are
considered
to
be
insufficient
or
not
6. Approval
authorities
from
different
Member
States
shall implemented quickly enough by the approval authority
bring any disagreement in relation to the authorisation referred
concerned, it shall inform the approval authority that granted
to in the second subparagraph of paragraph 2 to the attention
the EU type-approval without delay.
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The approval authority that granted the EU type-approval shall
That delegated act shall specify the dates of compulsory appli
then inform the manufacturer. If the manufacturer does not
cation of the UNECE regulation or of amendments thereto and
propose and implement effective corrective measures, the
shall include transitional provisions where appropriate.
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 auth
The Commission shall adopt separate delegated acts indicating
orities of the other Member States and the Commission by
the mandatory application of UNECE regulations.
registered letter or equivalent electronic means.
Article 50
Article 48
Recognition of OECD test reports for the purpose of EU
Notification of decisions and remedies available
type-approval
1. All
decisions
taken
pursuant
to
this
Regulation
and
all 1. Without
prejudice
to
the
other
requirements
of
this
Regu
decisions refusing or withdrawing EU type-approval, or
lation, where reference to OECD Codes is made in this Regu
refusing registration, prohibiting or restricting the placing on
lation, EU type-approval may be based on the complete test
the market, registration or entry into service of a vehicle or
report issued on the basis of the OECD standard Codes as an
requiring withdrawal of a vehicle from the market, shall state
alternative to the test reports drawn up under this Regulation or
in detail the reasons on which they are based.
the delegated acts adopted pursuant to this Regulation.
2. Any
such
decision
shall
be
notified
to
the
party
concerned
who shall, at the same time, be informed of the remedies
2. In
order
to
be
acceptable
for
the
purposes
of
EU
type-
available to it under the laws in force in the Member State
approval, the OECD test report referred to in paragraph 1 must
concerned and of the time limits allowed for the exercise of
have been approved in accordance with Appendix 1 to the
such remedies.
Decision of the OECD Council of February 2012 revising the
OECD standard Codes for the official testing of agricultural and
forestry tractors, as amended.
CHAPTER XIII
INTERNATIONAL REGULATIONS
CHAPTER XIV
Article 49
PROVISION OF TECHNICAL INFORMATION
UNECE regulations required for EU type-approval
Article 51
1. UNECE
regulations
or
amendments
thereto
which
the
Union has voted in favour of or to which the Union has
Information intended for users
acceded and which are listed in Annex I to this Regulation or
1. The manufacturer may not supply any technical
in the delegated acts adopted pursuant to this Regulation shall
information related to the particulars provided for in this Regu
be part of the requirements for the EU type-approval of a
lation, or in the delegated or implementing acts adopted
vehicle.
pursuant to this Regulation, which diverges from the particulars
approved by the approval authority.
2. The
approval
authorities
of
the
Member
States
shall
accept
approvals granted in accordance with the UNECE regulations
referred to in paragraph 1 and, where applicable, the relevant
2. Where
a
delegated
or
implementing
act
adopted
pursuant
approval marks, in place of the corresponding approvals and
to this Regulation so provides, the manufacturer shall make
approval marks granted in accordance with this Regulation and
available to users all relevant information and necessary
the delegated acts adopted pursuant to this Regulation.
instructions describing any special conditions or restrictions
linked to the use of a vehicle, a system, component or a
separate technical unit.
3. Where
the
Union
has
voted
in
favour
of
a
UNECE
regu
lation or amendments thereto for the purpose of EU vehicle
type-approval, the Commission shall adopt a delegated act in
3. The
information
referred
to
in
paragraph
2
shall
be
accordance with Article 71 in order to make the UNECE regu
supplied in the official language or languages of the Member
lation or amendments thereto compulsory and to amend Annex
State where the vehicle is to be placed on the market, registered
I to this Regulation or to amend the delegated acts adopted
or is to be entered into service. It shall be provided, after
pursuant to this Regulation, as appropriate.
acceptance by the approval authority, in the owner’s manual.
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Article 52
Manufacturers shall provide access on a non-discriminatory
basis to training material and relevant working tools to auth
Information intended for manufacturers of components or
orised dealers, repairers and independent operators. Such access
separate technical units
shall include, where applicable, adequate training with regard to
1. The
vehicle
manufacturer
shall
make
available
to
the the download of software, diagnostic trouble codes
manufacturers of components or separate technical units all
management and the use of working tools.
particulars which are necessary for EU type-approval of
components or separate technical units, or to obtain an auth
orisation under Article 45 including, where applicable, drawings
3. Without
prejudice
to
paragraph
1,
the
information
referred to in the delegated and implementing acts adopted
referred to there shall include:
pursuant to this Regulation.
(a) the tractor type and model;
The vehicle manufacturer may impose a binding agreement on
the manufacturers of components or separate technical units to
(b) an unequivocal vehicle identification number;
protect the confidentiality of any information which is not in
the public domain, including information related to intellectual
property rights.
(c) service handbooks including repair and maintenance records
and service schedules;
2. The
manufacturer
of
components
or
separate
technical (d) technical manuals and technical service bulletins;
units, in its capacity as the holder of an EU type-approval
certificate which, in accordance with Article 26(4), includes
restrictions on use or special mounting conditions or both,
(e) component and diagnosis information (such as minimum
shall provide all the detailed information thereon to the
and maximum theoretical values for measurements);
vehicle manufacturer.
(f) wiring diagrams;
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
(g) diagnostic trouble codes, including manufacturer specific
technical units produced, instructions regarding restrictions on
codes;
use or special mounting conditions or both.
(h) all information needed to install new or updated software
on a new vehicle or vehicle type (for instance software part
CHAPTER XV
number);
ACCESS TO REPAIR AND MAINTENANCE INFORMATION
Article 53
(i) information concerning, and delivered by means of,
proprietary tools and equipment;
Manufacturers’ obligations
1. Manufacturers
shall
provide
non-discriminatory
access
to
(j) data record information, test data and any other technical
vehicle repair and maintenance information to authorised
information (such as two-directional monitoring data, if
dealers, repairers and independent operators through websites
applicable to the technology used);
using a standardised format in a readily accessible and prompt
manner. This obligation shall not apply if a vehicle has been
approved as a small series vehicle.
(k) standard work units or time periods for repair and main
tenance tasks if made available, either directly or through a
third party, to manufacturers’ authorised dealers and
Software critical to the correct functioning of the safety and
repairers.
environmental control system may be protected against unauth
orised manipulations. However, any manipulation of those
systems necessary for repair and maintenance or accessible to
4. Authorised
dealers
or
repairers
within
the
distribution
authorised dealers or repairers shall also be made accessible to
system of a given vehicle manufacturer shall be regarded as
independent operators in a non-discriminatory manner.
independent operators for the purposes of this Regulation to
the extent that they provide repair or maintenance services for
vehicles in respect of which they are not members of the vehicle
manufacturer’s distribution system.
2. Until the Commission has adopted a standardised format
for the provision of the information referred to in paragraph 1,
that information shall be made available in a consistent manner
5. The
vehicle
repair
and
maintenance
information
shall
that can be processed by independent operators with reasonable
always be available, except as required for maintenance
effort.
purposes of the information system.
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6. For the purposes of manufacture and servicing of OBD-
12. The
Commission
shall
be
empowered
to
adopt
delegated
compatible replacement or service parts and diagnostic tools
acts in accordance with Article 71 laying down the details of
and test equipment, manufacturers shall provide the relevant
the requirements with regard to access to repair and main
OBD and vehicle repair and maintenance information on a
tenance information, in particular technical specifications
non-discriminatory basis to any interested manufacturer or
relating to the way in which vehicle repair and maintenance
repairer of component, diagnostic tool or test equipment.
information shall be provided.
7. For the purposes of design and manufacture of auto
motive equipment for alternative-fuel vehicles, manufacturers
13. The
Commission
shall,
by
means
of
the
delegated
acts
shall provide the relevant OBD and vehicle repair and main
referred to in paragraph 12, adapt the information requirements
tenance information on a non-discriminatory basis to any
laid down in this Article, including the technical specifications
interested manufacturer, installer or repairer of equipment for
relating to the way in which information is to be provided, in
alternative-fuel vehicles.
order to be proportionate having regard in particular to the
specific case of manufacturer’s relatively small production
volume of the vehicle type concerned, taking into account the
limits for small series vehicles as set out in Annex II. In duly
justified cases, such adaptation may result in an exemption from
8. When
applying
for
EU
type-approval
or
national
type- the requirement to supply the information in a standardised
approval, the manufacturer shall provide the approval
format. A possible adaptation or exemption shall in any event
authority with proof of compliance with this Regulation
ensure that the objectives of this Article can be achieved.
relating to the information required under this Article.
In the event that such information is not available, or does not
Article 54
conform to this Regulation and the delegated and implementing
Obligations with regard to several type-approval holders
acts adopted pursuant to this Regulation which are applicable
when applying for EU type-approval or national type-approval,
In the event of step-by-step type-approval, mixed type-approval
the manufacturer shall provide it within six months from the
and multi-stage type-approval, the manufacturer responsible for
date of approval.
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 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 imple
menting act shall be adopted in accordance with the exam
The final manufacturer shall be responsible for providing
ination procedure referred to in Article 69(2).
information about the whole vehicle to independent operators.
9. If
such
proof
of
compliance
is
not
provided
within
the
period referred to in the second subparagraph of paragraph 8,
Article 55
the approval authority shall take appropriate measures to ensure
Fees for access to vehicle repair and maintenance
compliance.
information
1. Manufacturers
may
charge
reasonable
and
proportionate
fees for access to vehicle repair and maintenance information,
working tools and training courses covered by this Regulation.
10. The
manufacturer
shall
make
subsequent
amendments A fee shall not be considered reasonable or proportionate if it
and supplements to vehicle repair and maintenance information
discourages access by failing to take into account the extent to
available on its websites at the same time they are made
which the independent operator uses it.
available to authorised repairers.
11. Where
repair
and
maintenance
records
of
a
vehicle
are 2. Manufacturers shall make available vehicle repair and
kept in a central database of the vehicle manufacturer or on its
maintenance information on a daily, monthly, and yearly
behalf, independent repairers shall have access to such records
basis, with fees for access to such information varying in
free of charge and shall be able to enter information on repair
accordance with the respective periods of time for which
and maintenance which they have performed.
access is granted.
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Article 56
shall not be the designer, manufacturer, supplier or maintainer
of the vehicles, systems, components or separate technical units
Forum on Access to Vehicle Information
which they assess, nor represent parties engaged in those activ
The scope of application of the activities carried out by the
ities. This shall not preclude the use of assessed vehicles,
Forum on Access to Vehicle Information established in
systems, components or separate technical units referred to in
accordance with Article 13(9) of Commission Regulation (EC)
paragraph 3 of this Article that are necessary for the operation
No 692/2008 of 18 July 2008 implementing and amending
of the technical service or the use of such vehicles, systems,
Regulation (EC) No 715/2007 of the European Parliament
components or separate technical units for personal purposes.
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 (
A technical service shall ensure that the activities of its
1 ) shall be extended to the
vehicles covered by this Regulation.
subsidiaries or subcontractors do not affect the confidentiality,
objectivity or impartiality of the categories of activities for
which it has been designated.
On the basis of evidence of deliberate or unintentional misuse
of vehicle OBD and vehicle repair and maintenance information,
5. A
technical
service
and
its
personnel
shall
carry
out
the
the Forum referred to in the first paragraph shall advise the
categories of activities for which it has been designated with the
Commission on measures to prevent such misuse of
highest degree of professional integrity and the requisite
information.
technical competence in the specific field and shall be free
from all pressures and inducements, particularly financial,
which might influence their judgment or the results of their
assessment activities, especially such pressures or inducements
CHAPTER XVI
emanating from persons or groups of persons with an interest
DESIGNATION AND NOTIFICATION OF TECHNICAL SERVICES
in the results of those activities.
Article 57
Requirements relating to technical services
6. A
technical
service
shall
be
capable
of
carrying
out
all
the
1. Designating
approval
authorities
shall
ensure
that
before categories of activities for which it has been designated in
they designate a technical service pursuant to Article 59, that
accordance with Article 59(1), by demonstrating to the satis
technical service meets the requirements laid down in para
faction of its designating approval authority, that it has:
graphs 2 to 9 of this Article.
(a) personnel with appropriate skills, specific technical
knowledge and vocational training as well as sufficient
2. Without
prejudice
to
Article
60(1),
a
technical
service
and appropriate experience to perform the task;
shall be established under the national law of a Member State
and have legal personality.
(b) descriptions of the procedures relevant for the categories of
activities for which it is seeking to be designated, ensuring
3. A
technical
service
shall
be
a
third-party
body
inde
the transparency and reproducibility of those procedures;
pendent of the process of design, manufacturing, supply or
maintenance of the vehicle, system, component or separate
technical unit it assesses.
(c) 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 tech
A body belonging to a business association or professional
nology of the vehicle, system, component or separate
federation representing undertakings involved in the design,
technical unit in question, and the mass or serial nature
manufacturing, provision, assembly, use or maintenance of
of the production process; and
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
(d) means necessary to perform in an appropriate manner the
demonstrated, be considered as fulfilling the requirements of the
tasks connected with the categories of activities for which it
first subparagraph.
is seeking to be designated and that it has access to all
necessary equipment or facilities.
4. A
technical
service,
its
top-level
management
and
the
personnel responsible for carrying out the categories of activities
In addition, it shall demonstrate to the designating approval
for which they are designated in accordance with Article 59(1)
authority its compliance with the standards laid down in the
delegated acts adopted pursuant to Article 61 which are
( 1 ) OJ L 199, 28.7.2008, p. 1.
relevant for the categories of activities for which it is designated.
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7. The
impartiality
of
the
technical
services,
their
top-level (b) category B: technical services which supervise the tests
management and the assessment personnel shall be guaranteed.
referred to in this Regulation and in the acts listed in
They shall not engage in any activity that may conflict with
Annex I, where such tests are performed in the manufac
their independence of judgment or integrity in relation to the
turer’s facilities or in the facilities of a third party;
categories of activities for which they are designated.
8. Technical
services
shall
take
out
liability
insurance
related (c) category C: technical services which assess and monitor on
to their activities unless liability is assumed by the Member State
a regular basis the manufacturer’s procedures for controlling
in accordance with national law, or the Member State itself is
conformity of production;
directly responsible for the conformity assessment.
(d) category D: technical services which supervise or perform
9. The
personnel
of
a
technical
service
shall
observe
profes
tests or inspections for the surveillance of conformity of
sional secrecy with regard to all information obtained in
production.
carrying out their tasks under this Regulation or any
provision of national law giving effect to it, except in relation
to the designating approval authority or where required by
Union or national law. Proprietary rights shall be protected.
2. An approval authority may be designated as a
technical service for one or more of the activities referred to
in paragraph 1.
Article 58
Subsidiaries of and subcontracting by technical services
1. Technical
services
may
subcontract
some
of
their
activities 3. Technical
services
of
a
third
country,
other
than
those
for which they have been designated in accordance with
designated in accordance with Article 60, may be notified for
Article 59(1) or have those activities carried out by a subsidiary
the purposes of Article 63, but only if such an acceptance of
only with the agreement of their designating approval authority.
technical services is provided for by a bilateral agreement
between the Union and the third country concerned. This
shall not prevent a technical service established under the
2. Where
a
technical
service
subcontracts
specific
tasks national law of a Member State in accordance with Article 57(2)
connected with the categories of activities for which it has
from establishing subsidiaries in third countries, provided that
been designated or has recourse to a subsidiary, it shall
the subsidiaries are directly managed and controlled by the
ensure that the subcontractor or the subsidiary meet the
designated technical service.
requirements set out in Article 57 and shall inform the desig
nating approval authority accordingly.
Article 60
3. Technical
services
shall
take
full
responsibility
for
the
tasks Accredited in-house technical services of the manufacturer
performed by any of their subcontractors or subsidiaries,
wherever these are established.
1. An
accredited
in-house
technical
service
of
a
manufacturer
may be designated only for category A activities with regard to
technical requirements for which self-testing is allowed by a
delegated act adopted pursuant to this Regulation. That
4. Technical
services
shall
keep
at
the
disposal
of
the
desig
technical service shall constitute a separate and distinct part
nating approval authority the relevant documents concerning
of the undertaking and shall not be involved in the design,
the assessment of the qualifications of the subcontractor or
manufacturing, supply or maintenance of the vehicles,
the subsidiary and the tasks performed by them.
systems, components or separate technical units it assesses.
Article 59
2. An
accredited
in-house
technical
service
shall
meet
the
Designation of technical services
following requirements:
1. Technical
services
shall
be
designated
for
one
or
more
of
the following categories of activities, depending on their field of
competence:
(a) in addition to being designated by the approval authority of
a Member State it shall be accredited by a national accredi
tation body as defined in point 11 of Article 2 of Regu
(a) category A: technical services which carry out in their own
lation (EC) No 765/2008 and in accordance with the
facilities the tests referred to in this Regulation and in the
standards and procedure referred to in Article 61 of this
acts listed in Annex I;
Regulation;
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(b) the accredited in-house technical service and its personnel
accreditation body attesting that the technical service fulfils the
shall be organisationally identifiable and have reporting
requirements of this Regulation, the designating approval
methods within the undertaking of which they form part
authority shall provide the Commission with documentary
which ensure their impartiality and demonstrate it to the
evidence which attests the technical service’s competence and
relevant national accreditation body;
the arrangements in place to ensure that the technical service is
monitored regularly by the designating approval authority and
satisfies the requirements of this Regulation and the delegated
acts adopted pursuant to this Regulation.
(c) 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
4. The
approval
authority
that
intends
to
be
designated
as
a
designated;
technical service in accordance with Article 59(2) shall
document compliance through an assessment conducted by
auditors independent of the activity being assessed. Such
auditors may be from the same organisation provided that
(d) the accredited in-house technical service shall supply its
they are managed separately from personnel undertaking the
services exclusively to the undertaking of which it forms
assessed activity.
part.
5. An
accredited
in-house
technical
service
shall
comply
with
3. An
accredited
in-house
technical
service
need
not
be the relevant provisions of this Article.
notified to the Commission for the purposes of Article 63,
but information concerning its accreditation shall be given by
the undertaking of which it forms part or by the national
Article 63
accreditation body to the designating approval authority at
the request of that authority.
Procedures for notification
1. Member States shall notify to the Commission the name,
the address including electronic address, the responsible persons
Article 61
and the category of activities with respect to each technical
service they have designated, as well as any subsequent modifi
Procedures for performance standards and assessment of
cations to those designations. The notification act shall state for
technical services
which subjects listed in Annex I the technical services have been
In order to ensure that technical services meet the same high
designated.
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
2. A
technical
service
may
conduct
the
activities
referred
to
which the technical services have to comply and the
in Article 59(1) on behalf of the designating approval authority
procedure for their assessment in accordance with Article 62
responsible for the type-approval only if it has been notified
and their accreditation in accordance with Article 60.
beforehand to the Commission in accordance with paragraph 1
of this Article.
Article 62
3. The
same
technical
service
may
be
designated
by
several
Assessment of the skills of the technical services
designating approval authorities and notified by the Member
1. The
designating
approval
authority
shall
draw
up
an States of these designating approval authorities irrespective of
assessment report demonstrating that the candidate technical
the category or categories of activities it will conduct in
service has been assessed for its compliance with the
accordance with Article 59(1).
requirements of this Regulation and the delegated acts
adopted pursuant to this Regulation. That report may include
a certificate of accreditation issued by an accreditation body.
4. The
Commission
shall
be
notified
of
any
subsequent
relevant changes to the designation.
2. The
assessment
on
which
the
report
referred
to
in
paragraph 1 is based shall be conducted in accordance with
5. Where
a
specific
organisation
or
competent
body
carrying
the provisions laid down in a delegated act adopted pursuant
out an activity not included in those referred to in Article 59(1),
to Article 61. The assessment report shall be reviewed at least
needs to be designated in application of an act listed in Annex I,
every three years.
the notification shall be made in accordance with this Article.
3. The
assessment
report
shall
be
communicated
to
the 6. The
Commission
shall
publish
on
its
website
a
list
and
Commission upon request. In such cases, where the assessment
details of the technical services notified in accordance with this
is not based on an accreditation certificate issued by a national
Article.
L 60/36
EN
Official Journal of the European Union
2.3.2013
Article 64
Technical services shall supervise or shall themselves carry out
the tests required for approval or inspections as set out in this
Changes to designations
Regulation or in one of the acts listed in Annex I, except where
1. Where a designating approval authority has ascertained or
alternative procedures are permitted. The technical services shall
has been informed that a technical service designated by it no
not conduct tests, assessments or inspections for which they
longer meets the requirements laid down in this Regulation, or
have not been duly designated by their approval authority.
that it is failing to fulfil its obligations, the designating approval
authority shall restrict, suspend or withdraw the designation as
appropriate, depending on the seriousness of the failure to meet
2. Technical
services
shall
at
all
times:
those requirements or fulfil those obligations. The Member State
that has notified this technical service shall immediately inform
the Commission accordingly. The Commission shall modify the
(a) allow their designating approval authority to witness the
information published referred to in Article 63(6) accordingly.
technical service during the conformity assessment as
appropriate; and
2. In
the
event
of
restriction,
suspension
or
withdrawal
of (b) without prejudice to Article 57(9) and Article 67, provide
the designation, or where the technical service has ceased its
their designating approval authority such information on
activity, the designating approval authority shall take appro
their categories of activities falling under the scope of this
priate steps to ensure that the files of that technical service
Regulation as may be requested.
are either processed by another technical service or kept
available for the designating approval authority or for the
market surveillance authorities at their request.
3. Where
a
technical
service
finds
that
requirements
laid
down in this Regulation have not been met by a manufacturer,
it shall report this to the designating approval authority with a
Article 65
view for the designating approval authority requiring the manu
facturer to take appropriate corrective measures and
Challenge to the competence of technical services
subsequently not to issue a type-approval certificate unless the
appropriate corrective measures have been taken to the satis
1. The
Commission
shall
investigate
all
cases
where
it
has faction of the approval authority.
doubts, or doubt is brought to its attention, regarding the
competence of a technical service or the continued fulfilment
by a technical service of the requirements and responsibilities to
4. Where,
in
the
course
of
monitoring
conformity
of
which it is subject.
production following the issue of a type-approval certificate, a
technical service acting on behalf of the designating approval
authority finds that a vehicle, system, component or separate
2. The
Member
State
of
the
designating
approval
authority technical unit no longer complies with this Regulation, it shall
shall provide the Commission, on request, with all information
report this to the designating approval authority. The approval
relating to the basis for the designation or the maintenance of
authority shall take the appropriate measures as provided for in
the designation of the technical service concerned.
Article 28.
Article 67
3. The
Commission
shall
ensure
that
all
sensitive
information
obtained in the course of its investigations is treated confiden
Information obligations of technical services
tially.
1. Technical
services
shall
inform
their
designating
approval
authority of the following:
4. Where
the
Commission
ascertains
that
a
technical
service
does not meet or no longer meets the requirements for its
(a) any non-conformity encountered which may require a
designation, it shall inform the Member State of the designating
refusal, restriction, suspension or withdrawal of a type-
approval authority accordingly, with a view to establishing, in
approval certificate;
cooperation with that Member State, the corrective measures
necessary, and shall request that Member State to take those
corrective measures, including the withdrawal of the designation
(b) any circumstances affecting the scope of and conditions for
if necessary.
their designation;
(c) any request for information which they have received from
Article 66
market surveillance authorities regarding their activities.
Operational obligations of technical services
1. Technical
services
shall
carry
out
the
categories
of 2. On
request
from
their
designating
approval
authority,
activities for which they have been designated on behalf of
technical services shall provide information on the activities
the designating approval authority and in accordance with the
within the scope of their designation and on any other
assessment and test procedures provided for in this Regulation
activity performed, including cross-border activities and subcon
and the acts listed in Annex I.
tracting.
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CHAPTER XVII
(n) the template for the certificate providing proof of
compliance to the approval authority as referred to in
IMPLEMENTING ACTS AND DELEGATED ACTS
Article 53(8).
Article 68
Implementing acts
Article 69
For the purposes of achieving the objectives of this Regulation
Committee procedure
and in order to lay down uniform conditions for the imple
mentation of this Regulation, the Commission shall, in
1. The
Commission
shall
be
assisted
by
the
‘Technical
accordance with the examination procedure referred to in
Committee — Agricultural Vehicles’ (TC-AV). That committee
Article 69(2), adopt implementing acts laying down the
is a committee within the meaning of Regulation (EU)
following implementing measures:
No 182/2011.
(a) templates for the information document and for the
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
information folder referred to in Article 22;
Regulation (EU) No 182/2011 shall apply.
(b) the numbering system of EU type-approval certificates
Where the committee delivers no opinion, the Commission
referred to in Article 24(4);
shall not adopt the draft implementing act and the third
subparagraph of Article 5(4) of Regulation (EU) No 182/2011
(c) the template for the EU type-approval certificate referred to
shall apply.
in Article 25(2);
Article 70
(d) the template for the test results sheet appended to the EU
Amendment of the Annexes
type-approval certificate referred to in point (a) of
Article 25(3);
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
(e) the template for the list of applicable requirements or acts
with Article 71 concerning amendments to Annex I in order to
referred to in Article 25(6);
introduce regulatory act references and to take corrigenda into
account.
(f) the general requirements for the format of test report
referred to in Article 27(1);
Article 71
Exercise of the delegation
(g) the template for the certificate of conformity referred to in
Article 33(2);
1. The
power
to
adopt
the
delegated
acts
is
conferred
on
the
Commission subject to the conditions laid down in this Article.
(h) the model for the EU type-approval mark referred to in
Article 34;
2. The power to adopt delegated acts referred to in
Article 17(5), Article 18(4), Article 19(6), Article 20(8),
Article 27(6), Article 28(6), Article 45(4), Article 49(3),
(i) the authorisations to grant EU type-approvals exempting
Article 53(12), Article 61 and Article 70 shall be conferred
new technologies or new concepts referred to in
on the Commission for a period of five years from 22 March
Article 35(3);
2013.
(j) the templates for the type-approval certificate and the
3. The
delegation
of
power
referred
to
in
Article
17(5),
certificate of conformity as regards new technologies or
Article 18(4), Article 19(6), Article 20(8), Article 27(6),
new concepts referred to in Article 35(4);
Article 28(6), Article 45(4), Article 49(3), Article 53(12),
Article 61 and Article 70 may be revoked at any time by the
(k) the authorisations to Member States to extend the type-
European Parliament or by the Council. A decision to revoke
approval referred to in Article 36(2);
shall put an end to the delegation of the power specified in that
decision. It shall take effect the day following the publication of
the decision in the Official Journal of the European Union or at a
(l) the list of parts or equipment as referred to in
later date specified therein. It shall not affect the validity of any
Article 45(2);
delegated acts already in force.
(m) the template and the numbering system for the certificate
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
referred to in Article 46(3) as well as all aspects relating to
notify it simultaneously to the European Parliament and to the
the procedure of authorisation referred to in that Article;
Council.
L 60/38
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Official Journal of the European Union
2.3.2013
5. A
delegated
act
adopted
pursuant
to
Article
17(5), granted to vehicles or to systems, components or separate
Article 18(4), Article 19(6), Article 20(8), Article 27(6),
technical units before 1 January 2016.
Article 28(6), Article 45(4), Article 49(3), Article 53(12),
Article 61 and Article 70 shall enter into force only if no
objection has been expressed either by the European Parliament
2. Approval
authorities
shall
continue
to
grant
extension
of
or the Council within a period of two months of notification of
approvals to the vehicles, systems, components or separate
that act to the European Parliament and the Council or if,
technical units referred to in paragraph 1 in accordance with
before the expiry of that period, the European Parliament and
Directive 2003/37/EC and any of the directives listed in
the Council have both informed the Commission that they will
Article 76(1). However, such approvals shall not be used for
not object. That period shall be extended by two months at the
the purposes of obtaining a whole-vehicle type-approval under
initiative of the European Parliament or of the Council.
this Regulation.
CHAPTER XVIII
3. By
way
of
derogation
from
this
Regulation,
new
systems,
components, separate technical units or vehicles of types which
FINAL PROVISIONS
received whole-vehicle type-approval pursuant to Directive
Article 72
2003/37/EC may continue to be registered, placed on the
market or enter into service until 31 December 2017. New
Penalties
vehicles of types which were not subject to type-approval
1. Member States shall provide for penalties for infringement
under Directive 2003/37/EC may also continue to be registered
by economic operators of this Regulation and the delegated or
or enter into service by that date in accordance with the law of
implementing acts adopted pursuant to this Regulation. They
the Member State of entry into service or registration.
shall take all measures necessary to ensure that the penalties are
implemented. The penalties provided for shall be effective,
proportionate and dissuasive. Member States shall notify those
In such a case, national authorities shall not prohibit, restrict or
provisions to the Commission by 23 March 2015 and shall
impede the registration, placing on the market or entry into
notify the Commission without delay of any subsequent
service of vehicles complying with the approved type.
amendment affecting them.
Article 74
2. The
types
of
infringements
which
are
subject
to
a
penalty
shall include:
Report
1. By
31
December
2019,
Member
States
shall
inform
the
Commission of the application of the type-approval procedures
(a) making false declarations during approval procedures or
laid down in this Regulation.
procedures leading to a recall;
2. On the basis of the information supplied under paragraph
(b) falsifying test results for type-approval or in-service
1, the Commission shall present a report to the European
conformity;
Parliament and the Council on the application of this Regu
lation by 31 December 2020.
(c) withholding data or technical specifications which could
lead to recall, refusal or withdrawal of type-approval;
Article 75
Review
1. By
31
December
2022,
the
Commission
shall
submit
a
(d) use of defeat devices;
report to the European Parliament and to the Council regarding
the subjects referred to in paragraph 3.
(e) refusal to provide access to information;
2. The
report
shall
be
based
on
a
consultation
of
relevant
stakeholders and shall take into account existing related
(f) economic operators making available on the market
European and international standards.
vehicles, systems, components or separate technical units
subject to approval without such approval or falsifying
documents or markings with that intention.
3. By
31
December
2021
the
Member
States
shall
report
to
the Commission on:
Article 73
Transitional provisions
(a) the number of individual approvals granted to vehicles
covered by this Regulation before their first registration
1. Without
prejudice
to
other
provisions
of
this
Regulation,
per year by the national authorities of that Member State
this Regulation shall not invalidate any EU type-approval
since 1 January 2016;
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Union L
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(b) the national criteria upon which such approvals were based
Article 77
insofar as these criteria deviated from the requirements
obligatory for EU type-approval.
Amendment to Directive 2006/42/EC
The first indent of point (e) of Article 1(2) of Directive
4. The
report
shall
be
accompanied,
where
appropriate,
by 2006/42/EC is replaced by the following:
legislative proposals, and shall examine the inclusion of indi
vidual approvals in this Regulation on the basis of harmonised
‘— agricultural and forestry tractors, with the exclusion of
requirements.
machinery mounted on those vehicles,’.
Article 76
Article 78
Repeal
Entry into force and application
1. Without
prejudice
to
Article
73(2)
of
this
Regulation,
Directive 2003/37/EC as well as Directives 74/347/EEC,
1.
This Regulation shall enter into force on the twentieth day
76/432/EEC, 76/763/EEC, 77/537/EEC, 78/764/EEC, following that of its publication in the Official Journal of the
80/720/EEC, 86/297/EEC, 86/298/EEC, 86/415/EEC, European Union.
87/402/EEC, 2000/25/EC, 2009/57/EC, 2009/58/EC,
2009/59/EC, 2009/60/EC, 2009/61/EC, 2009/63/EC, 2. It
shall
apply
from
1
January
2016.
2009/64/EC, 2009/66/EC, 2009/68/EC, 2009/75/EC,
2009/76/EC and 2009/144/EC shall be repealed with effect
From 22 March 2013, national authorities shall not refuse to
from 1 January 2016.
grant EU type-approval or national type-approval for a new
type of vehicle, or prohibit registration, placing on the market
2. References
to
the
repealed
Directives
shall
be
construed
as or entry into service of a new vehicle where the vehicle
references to this Regulation and shall be read, as regards
concerned complies with this Regulation and the delegated
Directive 2003/37/EC, in accordance with the correlation
and implementing acts adopted pursuant to this Regulation, if
table set out in Annex III.
a manufacturer so requests.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 5 February 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON
L 60/40
ANNEX I
LIST OF REQUIREMENTS FOR THE PURPOSES OF VEHICLE EU TYPE-APPROVAL
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles
EN
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 RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
X
X
X
X
integrity
2 17(2)(b) Maximum
design RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
speed, speed
Off
governor and speed
icial
limitation devices
Jour
nal
of
3 17(2)(b) Braking
devices
and
RVBR
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
the
trailer brake
European
coupling
Union
4 17(2)(b) Steering
for
fast RVFSR (based on ECE 79
Y NA
X NA
X NA
X NA
X NA
X NA
X NA
I NA NA NA NA
tractors
REV [new number])
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
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 RVFSR (based on ECE 71
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
2.3.2013
windscreen wipers
REV. 1)
2.3.2013 Off
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
8 17(2)(c) Glazing RVFSR
(based
on
ECE
43
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
EN
Rev2 Am3 Sup11)
9 17(2)(c) Rear-view
mirrors RVFSR
Y
X
X
X
X NA
X
X
X
X
X
X
X
I
I NA NA NA NA
10 17(2)(c) Driver
information RVFSR
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
systems
icial
Jour
nal
of
11 17(2)(d) Lighting,
light
RVFSR (based on
Y
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
the
signalling devices
ECE 3 Rev3 Am1 Sup11;
and their light
ECE 4 Rev4 Sup14;
European
sources
ECE 5 Supplement 7 to
the 02 series of
amendments; ECE 6 Rev4
Sup17; ECE 7 Rev4
Union
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
L
the Regulation;)
60/41
L 60/42
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
12 17(2)(d) Lighting
installation RVFSR
(based
on
ECE
86
X
X
X
X
X
X
X
X
X
X
X
X
I
I
X
X
X
X
Am [new number])
EN
13 17(2)(e) Vehicle
occupant RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
protection,
including interior
fittings, head
restraint, seat belts,
vehicle doors
Off
icial
Jour
14 17(2)(f) Vehicle
exterior
and
RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
nal
accessories
of
the
European
15 17(2)(g) Electro-magnetic RVFSR
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
compatibility
Union
16 17(2)(h) Audible
warning RVFSR
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
device
17 17(2)(i) Heating
systems RVFSR
Y
X
X
X
X
X NA
X
X
X
X
X
X
I
I NA NA NA NA
18 17(2)(j) Devices
to
prevent
RVFSR Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I
Z
Z
X
X
unauthorised use
(only
for T-
and C-
categ
2.3.2013
ories)
2.3.2013 Off
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
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
EN
20 17(2)(k) Statutory
plate
and RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
X
X
X
X
marking
21 17(2)(l) Dimensions
and RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
X
X
X
X
trailer mass
icial
Jour
nal
22 17(2)(l) Maximum
laden RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
of
mass
the
European
23 17(2)(l) Ballast
masses RVFSR
X
X
X
X NA NA
X
X
X
X
X
X
I
I NA NA NA NA
Union
24 17(2)(m) Safety
of
electrical RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
systems
25 17(2)(a), Fuel tank RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
X
X NA NA NA NA
17(2)(m),
18(2)(l)
26 17(2)(n) Rear
protective RVFSR NA NA NA NA NA NA NA NA NA NA NA NA NA NA
X
X NA NA
L
structures
60/43
L 60/44
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
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
EN
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
Off
icial
Jour
nal
30 17(2)(r) Tyres RVFSR
(based
on
ECE X
X
X
X
X
X
X
X
X
X
X
X NA NA
X
X
X
X
of
106 Am5 Sup6)
the
European
31 17(2)(s) Spray-suppression RVFSR
Y NA
X NA
X NA
X NA
X NA
X NA
X NA NA NA
X NA NA
Union
systems
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
RVFSR
X
X
X
X
X
X
X
X
X
X
X
I
I
X
X
X
X
2.3.2013
couplings
2.3.2013 Off
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
35 18(2)(a) ROPS RVCR
(test
report
X
X NA NA NA NA NA NA
X
X
X
X NA NA NA NA NA NA
alternative to the one
EN
within the application
field of OECD Code 3, as
amended)
36 18(2)(a) ROPS
(track
laid) RVCR
(test
report
NA NA NA NA NA NA NA NA NA NA NA NA
X
X NA NA NA NA
alternative to the one
within the application
field of OECD Code 8, as
amended)
icial
Jour
37 18(2)(a) ROPS
(static
RVCR (test report
X
X NA NA NA NA NA NA
X
X
X
X
X
X NA NA NA NA
nal
testing)
alternative to the one
within the application
of
field of OECD Code 4, as
the
amended)
European
38 18(2)(a) ROPS,
RVCR (test report
NA NA
X
X
X
X NA NA NA NA
X
X NA NA NA NA NA NA
Union
Front-mounted
alternative to the one
(narrow-track
within the application
tractors)
field of OECD Code 6, as
amended)
39 18(2)(a) ROPS,
RVCR (test report
NA NA
X
X
X
X NA NA NA NA
X
X NA NA NA NA NA NA
Rear-mounted
alternative to the one
(narrow-track
within the application
tractors)
field of OECD Code 7, as
amended)
40 18(2)(b) FOPS,
Falling
RVCR (test report
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
Objects Protection
alternative to the one
Structure
within the application
L
field of OECD Code 10,
60/45
as amended)
L 60/46
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
41 18(2)(c) Passenger
seats RVCR
X
X NA NA
X
X
X
X
X
X
X
X
I
I NA NA NA NA
EN
42 18(2)(d) Driver’s
exposure
to
RVCR
X
X
X
X
X
X
X
X
X
X
X
X
X
X NA NA NA NA
noise level
43 18(2)(e) Driving
seat
and RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
position
Off
icial
Jour
nal
44 18(2)(f) Operating
space, RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
access to the
of
driving position
the
European
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
Union
46 18(2)(h) Protection
of
drive RVCR
X
X
X
X
X
X
X
X
X
X
X
X
X
X NA NA NA NA
components
47 18(2)(i) Seat-belt
RVCR (test report
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
anchorages
alternative to the one
within the application
field of OECD Codes 3,
4, 6, 7, 8, as amended)
2.3.2013
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
2.3.2013 Off
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
49 18(2)(k) OPS,
Protection RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
EN
against penetrating
objects
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
icial
51 18(2)(l), Operators manual RVCR
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
18(2)(n),
Jour
18(2)(q),
nal
18(4)
of
the
European
52 18(2)(o) Controls,
including RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
in particular
emergency and
Union
automatic stop
devices
53 18(2)(p) Protection
against RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
Z
Z
X
X
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
L
vehicle
60/47
L 60/48
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
54 18(2)(r), Guards and
RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
Z
Z
X
X
EN
18(2)(p)
protective devices
55 18(2)(l), Information,
RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
Z
Z
X
X
18(2)(s),
warnings and
18(2)(q),
markings
18(4)
Off
icial
Jour
56 18(2)(t) Materials
and
RVCR
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
nal
products
of
the
European
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
Union
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), Cab ventilation and RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
18(4)
filtration system
60 18(4) Burning
rate
of
cab
RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
2.3.2013
material
2.3.2013 Off
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
61 19(2)(a) Pollutant
emissions REPPR
(emission
stages
X
X
X
X X X
X
X
X
X
X
X
X
X NA NA NA NA
from 2000/25/EC and
If in
If in
97/68/EC)
the
the
EN
Direc
Direc
tive’s
tive’s
scope
scope
of
of
appli
appli
cation
cation
62 19(2)(b) Sound
level
REPPR (limit values from
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
(external)
2009/63/EC)
Legend:
(+) = if such a subcategory is created under the category
icial
(++) = only for the subcategories corresponding to the b-indexed ones under T-category
X = applicable
Jour
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
nal
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
of
RVFSR = Regulation on Vehicle Functional Safety Requirements (delegated act)
the
RVCR = Regulation on Vehicle Construction Requirements (delegated act)
European
REPPR = Regulation on Environmental and Propulsion Performance Requirements (delegated act)
RVBR = Regulation on Vehicle Braking Requirements (delegated act)
Union
L
60/49
L 60/50
EN
Official Journal of the European Union
2.3.2013
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
EN
2.3.2013 Official
Journal
of
the
European
Union L
60/51
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 38(2)
Article 8(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
—
2.3.2013 Official
Journal
of
the
European
Union L
60/1
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
principle of total harmonisation, while at the same time
EUROPEAN UNION,
taking due account of cost-benefit considerations, with
special attention given to small and medium-sized enter
prises.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 114 thereof,
(3)
Following the request of the European Parliament and
Having regard to the proposal from the European Commission,
with the aim of simplifying and accelerating the
adoption of type-approval legislation, a new regulatory
approach has been introduced in Union vehicle type-
After transmission of the draft legislative act to the national
approval legislation in accordance with which the
Parliaments,
legislator in the ordinary legislative procedure sets out
the fundamental rules and principles only and delegates
the power to adopt delegated acts concerning further
Having regard to the opinion of the European Economic and
technical details to the Commission. With regard to
Social Committee (
substantive requirements, this Regulation should
1 ),
therefore lay down only fundamental provisions on func
tional safety, occupational safety and environmental
performance and delegate to the Commission the
Acting in accordance with the ordinary legislative procedure ( 2 ),
power to lay down the technical specifications in
delegated acts.
Whereas:
(4) The
requirements
of
this
Regulation
are
in
accordance
(1) In
order
to
promote
the
internal
market,
a
compre
with the principles enshrined in the Commission
hensive Union type-approval system for tractors, their
Communication of 5 June 2002 entitled ‘Action plan
trailers and interchangeable towed equipment was estab
“Simplifying and improving the regulatory environment”’.
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
(5) It
is
of
particular
importance
that
future
measures
units ( 3 ).
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
(2) For
the
purposes
of
the
development
and
operation
of
published by the Commission in 2006 entitled ‘CARS
the internal market of the Union, it is appropriate to
21: A Competitive Automotive Regulatory System for
replace the approval systems of the Member States
the 21st century’ (‘CARS 21’). In particular, for the
with a Union type-approval procedure based on 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
( 1 ) OJ C 54, 19.2.2011, p. 42.
lation should make reference to existing international
( 2 ) Position of the European Parliament of 20 November 2012 (not yet
standards and regulations which are available to the
published in the Official Journal) and decision of the Council of
28 January 2013.
public without reproducing them in the Union legal
( 3 ) OJ L 171, 9.7.2003, p. 1.
framework.
L 60/2
EN
Official Journal of the European Union
2.3.2013
(6) Since
neither
Directive
97/68/EC
of
the
European
of the Council of 9 July 2008 setting out the
Parliament and of the Council of 16 December 1997
requirements for accreditation and market surveillance
on the approximation of the laws of the Member
relating to the marketing of products ( 3 ).
States relating to measures against the emission of
gaseous 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
(11) In order to ensure a high level of functional safety, occu
machinery ( 2 ) nor this Regulation provide for design
pational safety and environmental protection, the
and construction requirements to ensure safety on the
technical requirements and environmental standards
road of self-propelled non-road mobile machinery
applicable to vehicles, systems, components and
intended for use in particular in agriculture and
separate technical units with regard to type-approval
forestry, the Commission should assess the need for
should be harmonised.
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.
(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
(7) This
Regulation
should
be
without
prejudice
to
measures
manufacturers ensure that vehicles comply with the
at national or Union level regarding the use of agri
relevant requirements set out in this Regulation. Those
cultural and forestry vehicles on the road, such as
provisions should include, but not be limited to,
specific driver’s licence requirements, limitations of
requirements relating to vehicle structural integrity,
maximum speed or measures regulating the access to
systems to aid the driver’s control of the vehicle,
certain roads.
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
(8) Directive 2003/37/EC in a first stage limited the
tyres.
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
(13) In
order
to
ensure
that
the
procedure
for
monitoring
order to complete the internal market and to ensure
conformity of production, which is one of the corner
that it functions properly, this Regulation should allow
stones of the EU type-approval system, has been correctly
manufacturers to apply for EU whole-vehicle type-
implemented and functions properly, manufacturers
approval for all categories covered by this Regulation
should be regularly checked by a competent authority
on a voluntary basis, thereby enabling them to benefit
or by an appropriately qualified technical service
from the advantages of the internal market by means of
designated for that purpose.
the EU type-approval.
(14) In
certain
limited
cases,
it
is
appropriate
to
allow
for
(9) Directive
2003/37/EC
provided
for
the
EC
whole-vehicle
national small series type-approval. That should,
type-approval of all-terrain vehicles and side-by-side
however, be restricted to limited numbers of vehicles.
vehicles as tractors. Those vehicle types should
Therefore it is necessary to define precisely the concept
therefore also be covered by this Regulation, provided
of small series in terms of the number of vehicles to be
that the type of vehicle concerned falls within a vehicle
produced.
category as referred to in this Regulation and complies
with all requirements of this Regulation.
(15) The
main
objective
of
Union
legislation
on
the
approval
of vehicles is to ensure that new vehicles, components
(10) The
national
authorities’
obligations
laid
down
in
the
and separate technical units placed on the market provide
market surveillance provisions of this Regulation are
a high level of safety and environmental protection. That
more specific than the corresponding provisions of Regu
objective should not be impaired by the fitting of certain
lation (EC) No 765/2008 of the European Parliament and
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.
EN
2.3.2013 Official
Journal
of
the
European
Union L
60/3
measures should be taken in order to make sure that
(19) As an alternative,
reference could be made in the
parts or equipment which can be fitted to vehicles and
delegated acts to Codes established by the Organisation
which are capable of significantly impairing the func
for Economic Cooperation and Development (OECD) or
tioning of systems that are essential in terms of safety
to CEN/Cenelec or ISO standards which are directly
or environmental protection, are subject to prior control
available to the public and referenced therein.
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.
(20) It is important that manufacturers supply relevant
information to vehicle owners in order to prevent
misuse of safety devices.
(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
(21) In
order to allow manufacturers of components or
has consulted the stakeholders. The measures should
separate technical units to apply for EU type-approval
ensure that the parts or equipment in question do not
for components or separate technical units or for auth
impair the safety or environmental performance of the
orisation for parts or equipment, it is also important for
vehicle, while at the same time preserving wherever
these manufacturers to have access to certain information
possible competition in the aftermarket.
that is available only from the vehicle manufacturer, such
as the technical information, including drawings, required
for the development of parts for the aftermarket.
(17) The Union is a contracting party of the Agreement of the
United Nations Economic Commission for Europe
(22) Non-discriminatory
access
to
vehicle
repair
information,
concerning the adoption of uniform technical
via a standardised format which can be used to retrieve
prescriptions for wheeled vehicles, equipment and parts
the technical information, and effective competition on
which can be fitted to and/or used on wheeled vehicles
the market for vehicle repair and maintenance
and the conditions for reciprocal recognition of
information services are necessary to improve the func
approvals granted on the basis of these prescriptions
tioning of the internal market, particularly as regards the
(‘Revised 1958 Agreement’) ( 1 ). In order to simplify the
free movement of goods, the freedom of establishment
type-approval legislation in line with the recommen
and the freedom to provide services. A great proportion
dations of CARS 21, it is appropriate to repeal all
of such information is related to on-board diagnostic
separate Directives without reducing the level of
systems and their interaction with other vehicle
protection. The requirements set out in those Directives
systems. It is appropriate to lay down technical specifi
should be carried over to this Regulation or the delegated
cations that the websites of the manufacturers should
acts adopted pursuant to this Regulation and should be
follow, along with targeted measures to ensure
replaced, where appropriate, with references to the
reasonable access for small and medium-sized enterprises.
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
(23) Vehicle
manufacturers
should
also
be
permitted
to
fulfil
process, vehicle manufacturers should be allowed to seek
their obligations to grant access to repair and main
type-approval in accordance with this Regulation, where
tenance information on the communication protocols
appropriate, directly by means of obtaining approval to
between tractors and towed or mounted equipment, as
the relevant UNECE regulations referred to in Annex I or
defined in ISO 11783, by providing on the manufac
the delegated acts adopted pursuant to this Regulation.
turer’s website a link to a website set up jointly by
several manufacturers or a consortium of manufacturers.
(18) Consequently,
UNECE
regulations
and
the
amendments
(24) In
order
to
ensure
uniform
conditions
for
the
implemen
thereto on which the Union has voted in favour, in
tation of this Regulation, implementing powers should be
application of Decision 97/836/EC, should be incor
conferred on the Commission. Those powers should
porated within the EU type-approval legislation. Accord
be exercised in accordance with Regulation (EU)
ingly, the power should be delegated to the Commission
No 182/2011 of the European Parliament and of the
to adopt the necessary adaptations to Annex I to this
Council of 16 February 2011 laying down the rules
Regulation or the delegated acts adopted pursuant to
and general principles concerning mechanisms for
this Regulation.
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.
L 60/4
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(25) In
order
to
supplement
this
Regulation
with
further
— Council Directive 77/537/EEC of 28 June 1977 on
technical details, the power to adopt acts in accordance
the approximation of the laws of the Member States
with Article 290 of the Treaty on the Functioning of the
relating to the measures to be taken against the
European Union should be delegated to the Commission
emission of pollutants from diesel engines for use
in respect of functional safety, construction requirements,
in wheeled agricultural or forestry tractors ( 4 ),
environmental and propulsion performance, access to
repair and maintenance information and appointment
and specific authorised tasks of technical services. It is
— Council Directive 78/764/EEC of 25 July 1978 on
of particular importance that the Commission carry out
the approximation of the laws of the Member
appropriate consultations during its preparatory work,
States relating to the driver’s seat on wheeled agri
including at expert level. The Commission, when
cultural or forestry tractors ( 5 ),
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.
— 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
(26) Member States should lay down rules on penalties
cultural or forestry tractors ( 6 ),
applicable to infringements of this Regulation and the
delegated or implementing acts adopted pursuant to
this Regulation and ensure that they are implemented.
— Council Directive 86/297/EEC of 26 May 1986 on
Those penalties should be effective, proportionate and
the approximation of the laws of the Member States
dissuasive.
relating to the power take-offs of wheeled agricultural
and forestry tractors and their protection ( 7 ),
(27) While
nothing
in
this
Regulation
prevents
Member
States
from continuing to apply their respective individual
— Council Directive 86/298/EEC of 26 May 1986 on
approval systems, the Commission should report to the
rear-mounted roll-over protection structures of
European Parliament and the Council on the operation of
narrow-track wheeled agricultural and forestry trac
these national systems, based on information provided by
tors ( 8 ),
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.
— Council Directive 86/415/EEC of 24 July 1986 on
the installation, location, operation and identification
of the controls of wheeled agricultural or forestry
(28) As a consequence of the application of the new regu
tractors ( 9 ),
latory system set in place by this Regulation, the
following Directives should be repealed:
— Council Directive 87/402/EEC of 25 June 1987 on
roll-over protection structures mounted in front of
— Directive 2003/37/EC,
the driver’s seat on narrow-track wheeled agricultural
and forestry tractors ( 10 ),
— Council Directive 74/347/EEC of 25 June 1974 on
the approximation of the laws of the Member States
— Directive 2000/25/EC of the European Parliament
relating to the field of vision and windscreen wipers
and of the Council of 22 May 2000 on action to
for wheeled agricultural or forestry tractors (
be taken against the emission of gaseous and
1 ),
particulate pollutants by engines intended to power
agricultural or forestry tractors ( 11 ),
— Council Directive 76/432/EEC of 6 April 1976 on
the approximation of the laws of the Member
— Directive 2009/57/EC of the European Parliament
States relating to the braking devices of wheeled agri
and of the Council of 13 July 2009 relating to the
cultural or forestry tractors ( 2 ),
roll-over protection structures of wheeled agricultural
or forestry tractors ( 12 ),
— Council Directive 76/763/EEC of 27 July 1976 on
( 4 ) OJ L 220, 29.8.1977, p. 38.
the approximation of the laws of the Member
( 5 ) OJ L 255, 18.9.1978, p. 1.
States relating to passenger seats for wheeled agri
( 6 ) OJ L 194, 28.7.1980, p. 1.
cultural or forestry tractors (
(
3 ),
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.
( 1 ) OJ L 191, 15.7.1974, p. 5.
( 10 ) OJ L 220, 8.8.1987, p. 1.
( 2 ) OJ L 122, 8.5.1976, p. 1.
( 11 ) OJ L 173, 12.7.2000, p. 1.
( 3 ) OJ L 262, 27.9.1976, p. 135.
( 12 ) OJ L 261, 3.10.2009, p. 1.
EN
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Union L
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— Directive 2009/58/EC of the European Parliament
— Directive 2009/76/EC of the European Parliament
and of the Council of 13 July 2009 on the
and of the Council of 13 July 2009 relating to the
coupling device and the reverse of wheeled agri
driver-perceived noise level of wheeled agricultural or
cultural or forestry tractors ( 1 ),
forestry tractors ( 10 ),
— Directive 2009/59/EC of the European Parliament
and of the Council of 13 July 2009 on rear-view
— Directive 2009/144/EC of the European Parliament
mirrors for wheeled agricultural or forestry trac
and of the Council of 30 November 2009 on
tors ( 2 ),
certain components and characteristics of wheeled
agricultural or forestry tractors ( 11 ).
— 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 (
(29) It
is
important
for
all
stakeholders
to
establish
a
clear
3 ),
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
— Directive 2009/61/EC of the European Parliament
specific product needs to fulfil.
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 ),
(30) Since
the
objectives
of
this
Regulation,
namely
to
lay
down harmonised rules on the administrative and
— Directive 2009/63/EC of the European Parliament
technical requirements for the type-approval and on
and of the Council of 13 July 2009 on certain
market surveillance of agricultural and forestry vehicles,
parts and characteristics of wheeled agricultural or
cannot be sufficiently achieved by the Member States,
forestry tractors ( 5 ),
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,
— Directive 2009/64/EC of the European Parliament
as set out in Article 5 of the Treaty on European Union.
and of the Council of 13 July 2009 on the
In accordance with the principle of proportionality, as set
suppression of radio interference produced by agri
out in that Article, this Regulation does not go beyond
cultural or forestry tractors (electromagnetic compati
what is necessary in order to achieve those objectives,
bility) ( 6 ),
— Directive 2009/66/EC of the European Parliament
HAVE ADOPTED THIS REGULATION:
and of the Council of 13 July 2009 on the steering
equipment of wheeled agricultural or forestry trac
tors ( 7 ),
CHAPTER I
— Directive 2009/68/EC of the European Parliament
SUBJECT MATTER, SCOPE AND DEFINITIONS
and of the Council of 13 July 2009 on the
component type-approval of lighting and light-
Article 1
signalling devices on wheeled agricultural or forestry
Subject matter
tractors ( 8 ),
1. This Regulation establishes the administrative and
technical requirements for the type-approval of all new
vehicles, systems, components and separate technical units
— Directive 2009/75/EC of the European Parliament
referred to in Article 2(1).
and of the Council of 13 July 2009 on roll-over
protection structures of wheeled agricultural or
forestry tractors (static testing) ( 9 ),
This Regulation does not apply to the approval of individual
( 1 ) OJ L 198, 30.7.2009, p. 4.
( 2 ) OJ L 198, 30.7.2009, p. 9.
vehicles. However, Member States granting such individual
( 3 ) OJ L 198, 30.7.2009, p. 15.
approvals shall accept any type-approval of vehicles, systems,
( 4 ) OJ L 203, 5.8.2009, p. 19.
components and separate technical units granted under this
( 5 ) OJ L 214, 19.8.2009, p. 23.
Regulation instead of under the relevant national provisions.
( 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.
( 10 ) OJ L 201, 1.8.2009, p. 18.
( 9 ) OJ L 261, 3.10.2009, p. 40.
( 11 ) OJ L 27, 30.1.2010, p. 33.
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2. This
Regulation
establishes
the
requirements
for
the
component or separate technical unit satisfies the relevant
market surveillance of vehicles, systems, components and
administrative provisions and technical requirements;
separate technical units which are subject to approval in
accordance with this Regulation. This Regulation also establishes
the requirements for the market surveillance of parts and
equipment for such vehicles.
(2) ‘whole-vehicle type-approval’ means a type-approval
whereby an approval authority certifies that an incomplete,
complete or completed vehicle type satisfies the relevant
3. This
Regulation
is
without
prejudice
to
the
application
of
administrative provisions and technical requirements;
legislation on road safety.
(3) ‘system
type-approval’
means
a
type-approval
whereby
an
Article 2
approval authority certifies that a system built into a
Scope
vehicle of a specific type satisfies the relevant adminis
trative provisions and technical requirements;
1. This
Regulation
shall
apply
to
agricultural
and
forestry
vehicles, as described in Article 4, designed and constructed
in one or more stages, and to systems, components and
separate technical units, as well as parts and equipment,
(4) ‘component
type-approval’
means
a
type-approval
whereby
designed and constructed for such vehicles.
an approval authority certifies that a component indepen
dently of a vehicle satisfies the relevant administrative
provisions and technical requirements;
Specifically, this Regulation shall apply to the following vehicles:
(5) ‘separate technical unit type-approval’ means a type-
(a) tractors (categories T and C);
approval whereby an approval authority certifies that a
separate technical unit satisfies the relevant administrative
provisions and technical requirements in relation to one or
(b) trailers (category R); and
more specified types of vehicles;
(c) interchangeable towed equipment (category S).
(6) ‘national type-approval’ means a type-approval
procedure
laid down by the national law of a Member State, the
2. This
Regulation
shall
not
apply
to
interchangeable
validity of such approval being restricted to the territory
machinery that is fully raised from the ground or that cannot
of that Member State;
articulate around a vertical axis when the vehicle to which it is
attached is in use on a road.
(7) ‘EU type-approval’ means the procedure whereby an
approval authority certifies that a type of vehicle, system,
3. For
the
following
vehicles,
the
manufacturer
may
choose
component or separate technical unit satisfies the relevant
whether to apply for approval under this Regulation or whether
administrative provisions and technical requirements of
to comply with the relevant national requirements:
this Regulation;
(a) trailers (category R) and interchangeable towed equipment
(category S);
(8) ‘tractor’ means any motorised, wheeled or tracked agri
cultural or forestry vehicle having at least two axles and
a maximum design speed of not less than 6 km/h, the
(b) track-laying tractors (category C);
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
(c) special purpose wheeled tractors (categories T4.1 and T4.2).
to perform agricultural or forestry work, or to tow agri
cultural or forestry trailers or equipment; it may be
adapted to carry a load in the context of agricultural or
Article 3
forestry work and/or may be equipped with one or more
passenger seats;
Definitions
For the purposes of this Regulation and of the acts listed in
Annex I, except as otherwise provided therein, the following
(9) ‘trailer’
means
any
agricultural
or
forestry
vehicle
intended
definitions shall apply:
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
(1) ‘type-approval’
means
the
procedure
whereby
an
approval
unladen mass of that vehicle is equal to or greater than
authority certifies that a type of vehicle, system,
3,0;
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(10) ‘interchangeable towed equipment’ means any vehicle used
(19) ‘separate technical unit’ means a device subject to the
in agriculture or forestry which is designed to be towed by
requirements of this Regulation or any of the delegated
a tractor, changes or adds to its functions, permanently
or implementing acts adopted pursuant to this Regulation
incorporates an implement or is designed to process
and intended to be part of a vehicle, which may be type-
materials, which may include a load platform designed
approved separately but only in relation to one or more
and constructed to receive any tools and appliances
specified types of vehicle, where such acts make express
needed for those purposes and to store temporarily any
provision for so doing;
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;
(20) ‘parts’ means goods used for the assembly of a vehicle as
well as spare parts;
(11) ‘vehicle’ means any tractor, trailer or interchangeable
towed equipment as defined in points 8, 9 and 10;
(21) ‘equipment’ means any goods other than parts which can
be added to or installed on a vehicle;
(12) ‘base vehicle’ means any vehicle which is used at the initial
stage of a multi-stage type-approval process;
(22) ‘original parts or equipment’ means parts or equipment
which are manufactured according to the specifications
(13) ‘incomplete vehicle’ means any vehicle which must
and production standards provided by the vehicle manu
undergo at least one further stage of completion in
facturer for the production of parts or equipment for the
order to meet the relevant technical requirements of this
assembly of the vehicle in question; this includes parts or
Regulation;
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
(14) ‘completed vehicle’ means a vehicle, resulting from the
equipment constitute original parts or equipment if the
process of multi-stage type-approval, which meets the
manufacturer certifies that the parts or equipment match
relevant technical requirements of this Regulation;
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;
(15) ‘complete vehicle’ means any vehicle which need not be
completed in order to meet the relevant technical
requirements of this Regulation;
(23) ‘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
(16) ‘end-of-series vehicle’ means any vehicle that is part of a
the use of a vehicle, with the exception of fuel;
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
(24) ‘functional safety’ means the absence of unacceptable risk
approved;
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
(17) ‘system’ means an assembly of devices combined to
or electronic systems, components or separate technical
perform one or more specific functions in a vehicle and
units;
which is subject to the requirements of this Regulation or
any of the delegated or implementing acts adopted
pursuant to this Regulation;
(25) ‘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
(18) ‘component’ means a device subject to the requirements of
conformity of production and who is also responsible
this Regulation or any of the delegated or implementing
for market surveillance concerns for the vehicles,
acts adopted pursuant to this Regulation, which is
systems, components and separate technical units
intended to be part of a vehicle and which may be type-
produced, whether or not the natural or legal person is
approved independently of a vehicle in accordance with
directly involved in all stages of the design and
this Regulation and the delegated or implementing acts
construction of the vehicle, system, component or
adopted pursuant to this Regulation, where such acts
separate technical unit which is the subject of the
make express provision for so doing;
approval process;
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(26) ‘manufacturer’s representative’ means any natural or legal
(34) ‘on-board diagnostic system’ or ‘OBD system’ means a
person established in the Union who is duly appointed by
system which has the capability to identify the likely
the manufacturer to represent the manufacturer before the
area of malfunction by means of fault codes stored in a
approval authority or the market surveillance authority
computer memory;
and to act on the manufacturer’s behalf in matters
covered by this Regulation;
(35) ‘vehicle repair and maintenance information’ means all
information required for diagnosis, servicing, inspection,
(27) ‘approval authority’ means the authority of a Member State
periodic monitoring, repair, reprogramming or reini
established or appointed by the Member State and notified
tialising of the vehicle and which the manufacturers
to the Commission by the Member State with competence
provide for their authorised dealers and repairers,
for all aspects of the approval of a type of vehicle, system,
including all subsequent amendments and supplements
component or separate technical unit, for the authorisation
to such information; that information includes all
process, for issuing and, if appropriate, withdrawing or
information required for the fitting of parts and
refusing approval certificates, for acting as the contact
equipment on vehicles;
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;
(36) ‘independent operator’ means undertakings other than
authorised dealers and repairers which are directly or indi
rectly involved in the repair and maintenance of vehicles,
in particular repairers, manufacturers or distributors of
(28) ‘technical service’ means an organisation or body
repair equipment, tools or spare parts, publishers of
designated by the approval authority of a Member State
technical information, automobile clubs, roadside
as a testing laboratory to carry out tests, or as a
assistance operators, operators offering inspection and
conformity assessment body to carry out the initial
testing services, operators offering training for installers,
assessment and other tests or inspections, on behalf of
manufacturers and repairers of equipment for alternative
the approval authority, it being possible for the approval
fuel vehicles;
authority itself to carry out those functions;
(29) ‘self-testing’ means the performance of tests in its own
(37) ‘new vehicle’ means a vehicle which has never been
facilities, the registration of the test results and the
previously registered or entered into service;
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
(38) ‘registration’ means the administrative authorisation for the
compliance with certain requirements;
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
(30) ‘virtual testing method’ means computer simulations,
number, be it permanently, temporarily or for a short
including calculations, to demonstrate whether a vehicle,
period of time;
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
(39) ‘placing on the market’ means making available a vehicle,
physical vehicle, system, component or separate technical
system, component, separate technical unit, part or
unit;
equipment for the first time in the Union;
(31) ‘type-approval certificate’ means the document whereby
the approval authority officially certifies that a type of
(40) ‘entry into service’ means the first use, for its intended
vehicle, system, component or separate technical unit is
purpose, in the Union, of a vehicle, system, component,
approved;
separate technical unit, part or equipment;
(32) ‘EU type-approval certificate’ means the certificate based on
(41) ‘importer’ means any natural or legal person established in
the template set out in the implementing act adopted
the Union who places on the market a vehicle, system,
pursuant to this Regulation or the communication form
component, separate technical unit, part or equipment
set out in the relevant UNECE regulations referred to in
from a third country;
this Regulation or in the delegated acts adopted pursuant
to this Regulation;
(42) ‘distributor’ means any natural or legal person in the
supply chain, other than the manufacturer or the
(33) ‘certificate of conformity’ means the document issued by
importer, who makes available a vehicle, system,
the manufacturer, which certifies that the produced vehicle
component, separate technical unit, part or equipment
conforms to the approved vehicle type;
on the market;
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(43) ‘economic operator’ means the manufacturer, the manu
— operating principle,
facturer’s representative, the importer or the distributor;
— number and arrangement of cylinders,
(44) ‘market surveillance’ means the activities carried out and
measures taken by national authorities to ensure that
— power difference of no more than 30 % (the
vehicles, systems, components or separate technical units
highest power being no more than 1,3 times the
made available on the market comply with the
lowest power),
requirements set out in the relevant Union harmonisation
legislation and do not endanger health, safety or any other
aspect of public interest protection;
— cylinder capacity difference of no more than 20 %
(the highest figure being no more than 1,2 times
the lowest figure),
(45) ‘market surveillance authority’ means an authority of a
Member State responsible for carrying out market
surveillance on its territory;
— powered axles (number, position, interconnection),
(46) ‘national authority’ means an approval authority or any
— steered axles (number and position),
other authority involved in and responsible for market
surveillance, border control or registration in a Member
— maximum laden mass differing by no more than
State in respect of vehicles, systems, components,
10 %,
separate technical units, parts or equipment;
— transmission (type),
(47) ‘making available on the market’ means any supply of a
vehicle, system, component, separate technical unit, part or
— rollover protection structure,
equipment for distribution or use on the market in the
course of a commercial activity, whether in return for
payment or free of charge;
— braked axles (number);
(48) ‘vehicle type’ means a group of vehicles, including variants
(b) for trailers or interchangeable towed equipment:
and versions of the same category, that do not differ in at
least the following essential respects:
— steering axles (number, position, interconnection),
— category,
— maximum laden mass differing by no more than
10 %,
— manufacturer,
— braked axles (number);
— type designation given by the manufacturer,
(50) ‘hybrid vehicle’ means a powered vehicle equipped with at
— essential construction and design characteristics,
least two different energy converters and two different
energy storage systems (on-vehicle) for the purpose of
vehicle propulsion;
— backbone chassis/chassis with side members/articulated
chassis (obvious and fundamental differences),
(51) ‘hybrid electric vehicle’ means a vehicle that, for the
purpose of mechanical propulsion, draws energy from
— for category T: axles (number) or, for category C: axles/
both of the following on-vehicle sources of stored energy/
tracks (number),
power:
— in the case of multi-stage built vehicles, the manu
(a) a consumable fuel;
facturer and the type of the previous stage vehicle;
(b) a battery, capacitor, flywheel/generator or other elec
(49) ‘variant’ means vehicles of the same type which do not
trical energy or power storage device.
differ in at least the following respects:
This definition also includes vehicles which draw energy
(a) for tractors:
from a consumable fuel only for the purpose of recharging
the electrical energy/power storage device;
— body structural concept or type of body work,
(52) ‘pure electric vehicle’ means a vehicle powered by a system
consisting of one or more electric energy storage devices,
— stage of completion,
one or more electric power conditioning devices and one
or more electric machines that convert stored electric
— engine (internal combustion/hybrid/electric/hybrid-
energy to mechanical energy delivered at the wheels for
electric),
propulsion of the vehicle;
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(53) ‘version of a variant’ means vehicles which consist of a
rows exceeds 1 000 mm. Where the height of the centre
combination of items shown in the information package
of gravity of the tractor, measured in relation to the
referred to in Article 24(10).
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;
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
(7) ‘category T4.2’ (extra-wide tractors) comprises tractors
laid down in this Regulation and in the delegated and imple
characterised by their large dimensions, primarily
menting acts adopted pursuant to this Regulation.
intended for working large areas of farmland;
Article 4
(8) ‘category T4.3’ (low-clearance tractors) comprises four-
wheel drive tractors whose interchangeable equipment is
Vehicle categories
intended for agricultural or forestry use and which are
For the purposes of this Regulation the following vehicle
characterised by a supporting frame, equipped with one
categories shall apply:
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
(1) ‘category
T’ comprises
all wheeled
tractors;
each
wheeled
relation to the ground using the tyres normally fitted, of
tractor category described in points 2 to 8 is supple
less than 850 mm;
mented at the end by an ‘a’ or ‘b’ index according to its
design speed:
(9) ‘category C’ comprises track-laying tractors propelled by
endless tracks or by a combination of wheels and
(a) ‘a’ for wheeled tractors with a maximum design speed
endless tracks, with subcategories defined by analogy
below or equal to 40 km/h;
with category T;
(b) ‘b’ for wheeled tractors with a maximum design speed
(10) ‘category R’ comprises trailers; each trailer category
above 40 km/h;
described in points 11 to 14 is supplemented at the end
by an ‘a’ or ‘b’ index, according to its design speed:
(2) ‘category
T1’
comprises
wheeled
tractors,
with
the
closest
axle to the driver having a minimum track width of not
(a) ‘a’ for trailers with a maximum design speed below or
less than 1 150 mm, with an unladen mass, in running
equal to 40 km/h;
order, of more than 600 kg, and with a ground clearance
of not more than 1 000 mm;
(b) ‘b’ for trailers with a maximum design speed above
40 km/h;
(3) ‘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
(11) ‘category R1’ comprises trailers, the sum of the technically
clearance of not more than 600 mm; if the height of the
permissible masses per axle of which does not exceed
centre of gravity of the tractor (measured in relation to the
1 500 kg;
ground) divided by the average minimum track for each
axle exceeds 0,90, the maximum design speed shall be
restricted to 30 km/h;
(12) ‘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;
(4) ‘category
T3’
comprises
wheeled
tractors
with
an
unladen
mass, in running order, of not more than 600 kg;
(13) ‘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;
(5) ‘category
T4’ comprises
special
purpose
wheeled
tractors;
(14) ‘category R4’ comprises trailers, the sum of the technically
(6) ‘category
T4.1’
(high-clearance
tractors)
comprises
tractors
permissible masses per axle of which exceeds 21 000 kg;
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
(15) ‘category S’ comprises interchangeable towed equipment.
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
Each category of interchangeable towed equipment is
rear or on a platform. When the tractor is in working
supplemented at the end by an ‘a’ or ‘b’ index, according
position the ground clearance perpendicular to the crop
to its design speed:
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(a) ‘a’ for interchangeable towed equipment with a
Article 7
maximum design speed below or equal to 40 km/h;
Market surveillance measures
(b) ‘b’ for interchangeable towed equipment with a
1. For
type-approved
vehicles,
systems,
components
and
maximum design speed above 40 km/h;
separate technical units, market surveillance authorities shall
perform, on an adequate scale, appropriate documentary
checks, taking into account established principles of risk
(16) ‘category S1’ comprises interchangeable towed equipment,
assessment, complaints and other information.
the sum of the technically permissible masses per axle of
which does not exceed 3 500 kg;
Market surveillance authorities may require economic operators
(17) ‘category S2’ comprises interchangeable towed equipment,
to make such documentation and information available as is
the sum of the technically permissible masses per axle of
deemed necessary for the purpose of carrying out their activ
which exceeds 3 500 kg.
ities.
CHAPTER II
Where economic operators present certificates of conformity,
GENERAL OBLIGATIONS
market surveillance authorities shall take due account of such
Article 5
certificates.
Obligations of Member States
1. Member
States
shall
establish
or
appoint
the
approval 2. For
parts
and
equipment
other
than
those
covered
in
authorities competent in matters concerning approval and the
paragraph 1 of this Article, Article 19(1) of Regulation (EC)
market surveillance authorities competent in matters concerning
No 765/2008 shall apply in its entirety.
market surveillance in accordance with this Regulation. Member
States shall notify the Commission of the establishment and
appointment of such authorities.
Article 8
The notification of the approval and market surveillance auth
Obligations of manufacturers
orities shall include their name, address, including electronic
1. Manufacturers
shall
ensure
that
when
their
vehicles,
address, and area of responsibility. The Commission shall
systems, components or separate technical units are placed on
publish on its website a list and details of the approval auth
the market or are entering into service, they are manufactured
orities.
and approved in accordance with the requirements set out in
this Regulation and the delegated and implementing acts
2. Member
States
shall
permit
the
placing
on
the
market, adopted pursuant to this Regulation.
registration or entry into service only of such vehicles,
components and separate technical units that satisfy the
requirements of this Regulation.
2. In
the
case
of
multi-stage
type-approval,
each
manu
facturer shall be responsible for the approval and conformity
3. Member
States
shall
not
prohibit,
restrict
or
impede
the of production of the systems, components or separate technical
placing on the market, registration or entry into service of
units added at the stage of vehicle completion handled by the
vehicles, systems, components or separate technical units on
manufacturer. Any manufacturer who modifies components or
grounds related to aspects of their construction and functioning
systems already approved at earlier stages shall be responsible
covered by this Regulation, if they satisfy its requirements.
for the approval and conformity of production of the modified
components and systems.
4. Member
States
shall
organise
and
carry
out
market
surveillance and controls of vehicles, systems, components or
separate technical units entering the market in accordance with
3. Manufacturers
who
modify
the
incomplete
vehicle
in
such
Chapter III of Regulation (EC) No 765/2008.
a manner that it qualifies as a different category of vehicle, with
the consequence that the legal requirements already assessed in
a previous stage of approval have changed, shall also be
Article 6
responsible for compliance with the requirements applicable
Obligations of approval authorities
to the category of vehicles for which the modified vehicle
qualifies.
1. Approval
authorities
shall
ensure
that
manufacturers
applying for type-approval comply with their obligations
under this Regulation.
4. For the purposes of approval of vehicles, systems,
components or separate technical units covered by this Regu
2. Approval
authorities
shall
approve
only
such
vehicles, lation, manufacturers established outside the Union shall
systems, components or separate technical units that satisfy
appoint a single representative established within the Union
the requirements of this Regulation.
to represent them before the approval authority.
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5. Manufacturers established outside the Union shall shall immediately inform the approval and market surveillance
furthermore appoint a single representative established within
authorities of the Member States in which the vehicle, system,
the Union for the purposes of market surveillance, which may
component, separate technical unit, part or equipment was
be the representative referred to in paragraph 4 or an additional
made available on the market or had entered into service to
representative.
that effect, giving details, in particular, of the non-conformity
and any corrective measures taken.
6. Manufacturers
shall
be
responsible
to
the
approval
authority for all aspects of the approval process and for
3. Manufacturers
shall
keep
the
information
package
referred
ensuring conformity of production, whether or not they are
to in Article 24(10) and in addition the vehicle manufacturer
directly involved in all stages of the construction of a vehicle,
shall keep a copy of the certificates of conformity referred to in
system, component or separate technical unit.
Article 33 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
7. In
accordance
with
this
Regulation
and
the
delegated
and market for a system, component or separate technical unit.
implementing acts adopted pursuant to this Regulation, manu
facturers shall ensure that procedures are in place for series
production to remain in conformity with the approved type.
Changes in design of a vehicle, system, component or separate
4. Manufacturers
shall,
following
a
reasoned
request
from
a
technical unit or characteristics and changes in the requirements
national authority, provide that authority through the approval
to which a vehicle, system, component or separate technical
authority with a copy of the EU type-approval certificate or the
unit is declared to conform shall be taken into account in
authorisation referred to in Article 46(1) and (2) demonstrating
accordance with Chapter VI.
the conformity of the vehicle, system, component or separate
technical unit, in a language which can be easily understood by
that authority. Manufacturers shall cooperate with the national
authority on any action taken in accordance with Article 20 of
8. In
addition
to
the
statutory
marking
and
type-approval Regulation (EC) No 765/2008 to eliminate the risks posed by
marks fixed to their vehicles, components or separate
their vehicles, systems, components or separate technical units
technical units in accordance with Article 34, manufacturers
which have been placed on the market, registered or entered
shall indicate their name, registered trade name or registered
into service.
trade mark and the address in the Union at which they can
be contacted on their vehicles, components or separate technical
units made available on the market or, where that is not
possible, on the packaging or in a document accompanying
Article 10
the component or separate technical unit.
Obligations of manufacturer’s representatives concerning
market surveillance
9. Manufacturers
shall
ensure
that,
while
a
vehicle,
system, The manufacturer’s representative for market surveillance shall
component or separate technical unit is under their responsi
perform the tasks specified in the mandate received from the
bility, storage or transport conditions do not jeopardise its
manufacturer. That mandate shall allow a representative to do
compliance with the requirements set out in this Regulation.
at least the following:
Article 9
(a) have access to the information folder referred to in
Obligations of manufacturers concerning their products
Article 22 and the certificates of conformity referred to in
that are not in conformity or that present a serious risk
Article 33 so that they can be placed at the disposal of the
approval authorities for a period of 10 years after the
1. Manufacturers
who
consider
or
have
reason
to
believe
that
placing on the market of a vehicle and for a period of
their vehicle, system, component or separate technical unit that
five years after the placing on the market for a system,
has been placed on the market or entered into service is not in
component or separate technical unit;
conformity with this Regulation or the delegated and imple
menting acts adopted pursuant to this Regulation shall
immediately take the corrective measures necessary to bring
that vehicle, system, component or separate technical unit
(b) following a reasoned request from an approval authority,
into conformity, to withdraw it or to recall it, as appropriate.
provide that authority with all the information and docu
mentation necessary to demonstrate the conformity of
production of a vehicle, system, component or separate
The manufacturer shall immediately inform the approval
technical unit;
authority which granted the approval, giving details, in
particular, of the non-conformity and of any corrective
measures taken.
(c) cooperate with the approval or market surveillance auth
orities, at their request, on any action taken to eliminate
the serious risk posed by vehicles, systems, components,
2. Where
the
vehicle,
system,
component,
separate
technical
separate technical units, parts or equipment covered by
unit, part or equipment presents a serious risk, manufacturers
their mandate.
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Article 11
unit, part or equipment, importers shall, to protect the health
and safety of consumers, investigate and, if necessary, keep a
Obligations of importers
register of complaints and recalls of vehicles, systems,
1. Importers
shall
place
on
the
market
only
compliant components, separate technical units, parts or equipment and
vehicles, systems, components or separate technical units
keep distributors informed of such monitoring.
which have either received EU type-approval or which fulfil
the requirements for national approval, or parts or equipment
entirely subject to the requirements of Regulation (EC)
No 765/2008.
Article 12
Obligations of importers concerning their products that
are not in conformity or that present a serious risk
2. Before
placing
on
the
market
a
type-approved
vehicle,
system, component or separate technical unit, importers shall
1. Importers
who
consider
or
have
reason
to
believe
that
a
ensure that there is an information package complying with
vehicle, system, component or separate technical unit which
Article 24(10), and that the system, component or separate
they have placed on the market is not in conformity with
technical unit bears the required type-approval mark and
this Regulation shall immediately take the corrective measures
complies with Article 8(8). In the case of a vehicle, the
necessary to bring that vehicle, system, component or separate
importer shall verify that the vehicle is accompanied by the
technical unit into conformity, to withdraw it or to recall it, as
required certificate of conformity.
appropriate.
3. Where
importers
consider
or
have
reason
to
believe
that
a 2. Where
a
vehicle,
system,
component,
separate
technical
vehicle, system, component, separate technical unit, part or
unit, part or equipment presents a serious risk, importers
equipment is not in conformity with the requirements of this
shall immediately inform the manufacturer and the approval
Regulation, and in particular that it does not correspond to its
and market surveillance authorities of the Member States in
type-approval, they shall not place on the market, allow to enter
which they have placed it on the market. The importer shall
into service or register the vehicle, system, component or
also inform them of any action taken and give details, in
separate technical unit until it has been brought into
particular, of the serious risk and any corrective measures
conformity. Furthermore, where they consider or have reason
taken by the manufacturer.
to believe that the vehicle, system, component, separate
technical unit, part or equipment presents a serious risk, they
shall inform the manufacturer and the market surveillance auth
orities. For type-approved vehicles, systems, components and
separate technical units they shall also inform the approval
3. Importers
shall,
for
a
period
of
10
years
after
the
placing
authority that has granted the approval to that effect.
on the market of the vehicle and for a period of five years as
from the placing on the market for a system, component or
separate technical unit, keep a copy of the certificate of
conformity at the disposal of the approval and market
4. Importers shall indicate their name, registered trade name
surveillance authorities and ensure that the information
or registered trade mark and the address at which they can be
package as referred to in Article 24(10) can be made available
contacted on the vehicle, system, component, separate technical
to those authorities, upon request.
unit, part or equipment, or, where this is not possible, on its
packaging or in a document accompanying the system,
component, separate technical unit, part or equipment.
4. Importers
shall,
following
a
reasoned
request
from
a
national authority, provide it with all the information and docu
mentation necessary to demonstrate the conformity of a vehicle,
5. Importers shall ensure that the vehicle, system, system, component or separate technical unit in a language
component or separate technical unit is accompanied by
which can be easily understood by that authority. Importers
instructions and information, as required in accordance with
shall cooperate with that authority, at its request, on any
Article 51, in the official language or languages of the
action taken to eliminate the risks posed by a vehicle, system,
Member States concerned.
component, separate technical unit, part or equipment which
they have placed on the market.
6. Importers
shall
ensure
that,
while
a
vehicle,
system,
component or separate technical unit is under their responsi
bility, storage or transport conditions do not jeopardise its
Article 13
compliance with the requirements set out in this Regulation.
Obligations of distributors
1. When
making
a
vehicle,
system,
component,
separate
technical unit, part or equipment available on the market,
7. When
deemed
appropriate
with
regard
to
the
serious
risks distributors shall act with due care in relation to the
presented by a vehicle, system, component, separate technical
requirements of this Regulation.
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2. Before making available on the market, registration or
separate technical unit, part or equipment which they have
entry into service of a vehicle, system, component or separate
made available on the market.
technical unit, distributors shall verify that the vehicle, system,
component or separate technical unit bears the required
statutory marking or type-approval mark, that it is accompanied
Article 15
by the required documents and by instructions and safety
information in the official language or languages of the
Cases in which obligations of manufacturers apply to
Member State in which the vehicle, system, component or
importers and distributors
separate technical unit is to be made available on the market,
and that the importer and the manufacturer have complied with
An importer or distributor shall be considered a manufacturer
the requirements set out in Article 11(2) and (4) and
for the purposes of this Regulation and shall be subject to the
Article 34(1) and (2).
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
3. Distributors
shall
ensure
that,
while
a
vehicle,
system, its name or trademark or modifies a vehicle, system,
component or separate technical unit is under their responsi
component or separate technical unit in such a way that
bility, storage or transport conditions do not jeopardise its
compliance with the applicable requirements may be affected.
compliance with the requirements set out in this Regulation.
Article 16
Article 14
Identification of economic operators
Obligations of distributors concerning their products that
Economic operators shall, on request, identify the following to
are not in conformity or that present a serious risk
the approval and market surveillance authorities, for a period of
five years:
1. Where
distributors
consider
or
have
reason
to
believe
that
a vehicle, system, component or separate technical unit is not in
conformity with the requirements of this Regulation, they shall
not make available on the market or register or enter into
(a) any economic operator who has supplied them with a
service the vehicle, system, component or separate technical
vehicle, system, component, separate technical unit, part
unit until it has been brought into conformity.
or equipment;
2. Distributors
who
consider
or
have
reason
to
believe
that
a (b) any economic operator to whom they have supplied a
vehicle, system, component or separate technical unit which
vehicle, system, component, separate technical unit, part
they have made available on the market or registered or for
or equipment.
which they are responsible for the entry into service, is not in
conformity with this Regulation, shall inform the manufacturer
or the manufacturer’s representative to ensure that the
CHAPTER III
corrective measures necessary to bring that vehicle, system,
component or separate technical unit into conformity or to
SUBSTANTIVE REQUIREMENTS
recall it, if appropriate, are taken in accordance with Article 9(1)
Article 17
or Article 12(1).
Requirements for the functional safety of vehicles
1. Manufacturers
shall
ensure
that
vehicles
are
designed,
3. Where
the
vehicle,
system,
component,
separate
technical constructed and assembled so as to minimise the risk of
unit, part or equipment presents a serious risk, distributors shall
injury to the vehicle occupants and to other persons in the
immediately inform the manufacturer, the importer and the
vehicle’s surrounding area.
approval and market surveillance authorities of the Member
States in which they made it available on the market. The
distributor shall also inform them of any action taken and
2. Manufacturers shall ensure that vehicles, systems,
give details, in particular, of the serious risk and of corrective
components and separate technical units comply with the
measures taken by the manufacturer.
relevant requirements set out in this Regulation including the
requirements relating to:
4. Distributors
shall,
following
a
reasoned
request
from
a
national authority, ensure that the manufacturer provide the
(a) vehicle structure integrity;
national authority with the information specified in Article 9(4)
or that the importer provide the national authority with the
information specified in Article 12(3). They shall cooperate
(b) systems to aid the control of the vehicle by the driver, in
with that authority, at its request, on any action taken in
particular as regards steering and braking systems,
accordance with Article 20 of Regulation (EC) No 765/2008
including advanced braking systems and electronic
to eliminate the risks posed by the vehicle, system, component,
stability control systems;
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(c) systems to provide the driver with visibility and
detailed technical requirements for the subjects listed in
information on the state of the vehicle and the surrounding
paragraph 2 of this Article, including test procedures and
area, including glazing, mirrors and driver information
limit values, where applicable. The first such delegated acts
systems;
shall be adopted by 31 December 2014.
(d) vehicle lighting systems;
These detailed requirements shall be such as to increase or at
least maintain the level of functional safety provided for by the
(e) vehicle occupant protection, including interior fittings, head
Directives referred to in Article 76(1) and Article 77, and shall
restraint, seat belts, vehicle doors;
ensure the following:
(f) vehicle
exterior
and
accessories;
(a) vehicles with a maximum design speed of more than
40 km/h meet an equivalent level of functional safety with
(g) electromagnetic compatibility;
regard to brake performance and, where appropriate, anti-
lock braking systems as motor vehicles and their trailers;
(h) audible warning devices;
(i) heating
systems;
(b) the maximum contact pressure exerted on hard road surface
from tyres or tracks does not exceed 0,8 MPa.
(j) devices
to
prevent
unauthorised
use;
Article 18
(k) vehicle identification systems;
Requirements for occupational safety
(l) masses
and
dimensions;
1. Manufacturers
shall
ensure
that
vehicles
are
designed,
constructed and assembled so as to minimise the risk of
(m) electrical safety, including static electricity;
injury to persons working on or with the vehicle.
(n) rear protective structures;
2. Manufacturers shall ensure that vehicles, systems,
components and separate technical units comply with the
(o) lateral protection;
relevant requirements set out in this Regulation including the
requirements relating to:
(p) load platforms;
(a) roll-over protection structures (‘ROPS’);
(q) towing devices;
(b) falling objects protection structures (‘FOPS’);
(r) tyres;
(s) spray-suppression systems;
(c) passenger seats;
(t) reverse
gear;
(d) driver’s exposure to noise level;
(u) tracks;
(e) driving seat;
(v) mechanical couplings, including protection against errors of
(f) operating space and access to the driving position,
fitting.
including protection against slipping, tripping or falling;
3. Components of vehicles, whose hazards of an electrical
nature are covered by the delegated or implementing acts
(g) power take-offs;
adopted pursuant to this Regulation, shall not be subject to
Directive 2006/95/EC of the European Parliament and of the
(h) protection of drive components;
Council of 12 December 2006 on the harmonisation of the
laws of Member States relating to electrical equipment
designed for use within certain voltage limits (
(i) seat-belt
anchorage
points;
1 ).
4. The
requirements
referred
to
in
paragraphs
1
and
2
shall (j) safety
belts;
apply to vehicles, and to systems, components and separate
technical units intended for such vehicles, if they are applicable
(k) protection of driver against penetrating objects (Operator
in accordance with Annex I.
Protection Structures, ‘OPS’);
5. In order to ensure that a high level of functional safety is
attained, the Commission shall be empowered to adopt
(l) protection
of
driver
against
hazardous
substances;
delegated acts in accordance with Article 71 concerning the
(m) protection from exposure to parts or materials at extreme
( 1 ) OJ L 374, 27.12.2006, p. 10.
temperatures;
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(n) operators manual;
relevant requirements set out in this Regulation, including the
requirements relating to:
(o) controls, including safety and reliability of control systems,
emergency and automatic stop devices;
(a) pollutant emissions;
(p) protection against mechanical hazards, other than the ones
mentioned in points (a), (b), (g) and (k), including
(b) external sound level.
protection against rough surfaces, sharp edges and angles,
rupture of pipes carrying fluids and uncontrolled
movement of the vehicle;
3. The
specific
limit
values,
test
procedures
and
requirements
for pollutant emissions laid down for mobile machinery in
Directive 97/68/EC shall apply.
(q) operation and maintenance, including safe cleaning of the
vehicle;
4. The
limit
values
for
the
specific
external
sound
levels
shall
not exceed the following levels:
(r) guards and protective devices;
(s) information, warnings and markings;
(a) 89 dB(A) for tractors with an unladen mass, in running
order, of more than 1 500 kg;
(t) materials
and products;
(b) 85 dB(A) for tractors with an unladen mass, in running
order, of not more than 1 500 kg.
(u) batteries.
They shall be measured in accordance with the test procedures
3. The
requirements
referred
to
in
paragraphs
1
and
2
shall laid down in the delegated acts referred to in paragraph 6.
apply to vehicles, and to systems, components and separate
technical units intended for such vehicles, if they are applicable
in accordance with Annex I.
5. The requirements referred to in paragraphs 1 and 2 shall
apply to vehicles, and to systems, components and separate
4. In
order
to
ensure
that
a
high
level
of
occupational
safety technical units intended for such vehicles, if they are applicable
is attained, the Commission shall be empowered to adopt
in accordance with Annex I.
delegated acts in accordance with Article 71 concerning the
detailed technical requirements for the subjects listed in
paragraph 2 of this Article, including test procedures and
6. The
Commission
shall
be
empowered
to
adopt
delegated
limit values, where applicable. The first such delegated acts
acts in accordance with Article 71 concerning the detailed
shall be adopted by 31 December 2014.
technical requirements on the external sound level, including
test procedures, and on the installation in a vehicle of engines
which have been approved as regards pollutant emissions and
Those detailed technical requirements shall be such as to
the related provisions for flexibility in order to ensure that a
increase or at least maintain the level of occupational safety
high level of environmental performance will be obtained. The
provided for by the Directives referred to in Article 76(1) and
first such delegated acts shall be adopted by 31 December
Article 77, taking into account ergonomics (including
2014.
protection against foreseeable misuse, usability of control
systems, accessibility of controls to avoid their unintentional
activation, adaptation of the person/vehicle interface to the fore
seeable characteristics of the driver, vibrations and operator
Those specific technical requirements shall be such as to
intervention), stability and fire safety.
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.
Article 19
Requirements for environmental performance
CHAPTER IV
1. Manufacturers
shall
ensure
that
vehicles
are
designed,
EU TYPE-APPROVAL PROCEDURES
constructed and assembled so as to minimise the impact on
the environment.
Article 20
Procedures for EU type-approval
2. Manufacturers shall ensure that vehicles, systems, 1. When
applying
for
a
whole-vehicle
type-approval,
the
components and separate technical units comply with the
manufacturer may choose one of the following procedures:
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(a) step-by-step type-approval;
8. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 71 concerning detailed
arrangements with regard to type-approval procedures. The
(b) single-step type-approval;
first such delegated acts shall be adopted by 31 December
2014.
(c) mixed type-approval.
Article 21
Application for type-approval
In addition, the manufacturer may choose multi-stage type-
1. The manufacturer shall submit the application for type-
approval.
approval to the approval authority.
Only the single-step type-approval procedure is applicable for
2. Only
one
application
may
be
submitted
in
respect
of
a
the type-approval of systems, components or separate technical
particular type of vehicle, system, component or separate
units.
technical unit and it may be submitted in only one Member
State.
2. Step-by-step
type-approval
shall
consist
of
the
step-by-step 3. A
separate
application
shall
be
submitted
for
each
type
to
collection of the whole set of EU type-approval certificates for
be approved.
the systems, components and separate technical units forming
part of the vehicle, and which leads, at the final stage, to the
whole-vehicle type approval.
Article 22
Information folder
3. Single-step
type-approval
shall
consist
of
the
approval
of
a 1. The
applicant
shall
provide
the
approval
authority
with
an
vehicle as a whole by means of a single operation.
information folder.
2. The
information
folder
shall
include
the
following:
4. Mixed type-approval is a step-by-step type-approval
procedure for which one or more system approvals are
achieved during the final stage of the approval of the whole
(a) an information document;
vehicle, without it being necessary to issue the EU type-approval
certificates for those systems.
(b) all data, drawings, photographs and other information;
5. In
a
multi-stage
type-approval
procedure,
one
or
more (c) for vehicles, an indication of the procedure(s) chosen in
approval authorities certify that, depending on the state of
accordance with Article 20(1);
completion, an incomplete or completed type of vehicle
satisfies the relevant administrative provisions and technical
requirements of this Regulation.
(d) any additional information requested by the approval
authority in the context of the application procedure.
Multi-stage type-approval shall be granted in respect of a type
3. The
information
folder
may
be
supplied
on
paper
or
in
an
of incomplete or completed vehicle which conforms to the
electronic format that is accepted by the technical service and
particulars in the information folder provided for in Article 22
by the approval authority.
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.
4. The
Commission
shall
lay
down
templates
for
the
information document and for the information folder by
means of implementing acts. Those implementing acts shall
be adopted in accordance with the examination procedure
6. The
type-approval
for
the
final
stage
of
completion
shall referred to in Article 69(2). The first such implementing acts
be granted only after the approval authority has verified that the
shall be adopted by 31 December 2014.
vehicle type-approved at the final stage meets at that time all
applicable technical requirements. That shall include a docu
mentary check of all requirements covered by a type-approval
Article 23
for an incomplete vehicle granted in the course of a multistage
procedure, even where granted for a different (sub)category of
Specific requirements for information to be provided in
vehicle.
the application for type-approval under different
procedures
1. An
application
for
step-by-step
type-approval
shall
be
7. The
choice
of
approval
procedure
shall
not
affect
the accompanied by an information folder in accordance with
applicable substantive requirements with which the approved
Article 22 and by the complete set of type-approval
vehicle type has to comply at the time of issuing of the
certificates required pursuant to each of the applicable acts
whole-vehicle type-approval.
listed in Annex I.
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In the case of the type-approval of a system, component or
referred to in Article 28 and the compliance of the type of
separate technical unit, pursuant to the applicable acts listed
vehicle, system, component or separate technical unit with the
in Annex I, the approval authority shall have access to the
applicable requirements.
related information folder until such time as the approval is
either issued or refused.
2. EU
type-approvals
shall
be
granted
in
accordance
with
this
2. An application for single-step type-approval shall be
Chapter.
accompanied by an information folder provided for in Article 22
containing the relevant information in accordance with the
implementing acts adopted pursuant to this Regulation in
relation to those applicable acts.
3. If
an
approval
authority
finds
that
a
type
of
vehicle,
system, component or separate technical unit, though
conforming to the required provisions, presents a serious risk
to safety or may seriously harm the environment or public
3. In
the
case
of
a
mixed
type-approval
procedure,
the health or presents a serious risk to occupational safety, it may
information folder shall be accompanied by one or more
refuse to grant EU type-approval. In that case, it shall
type-approval certificates required pursuant to each of the
immediately send to the approval authorities of the other
applicable acts listed in Annex I and shall include, insofar as
Member States and the Commission a detailed file explaining
no type-approval certificate is presented, the relevant
the reasons for its decision and setting out the evidence for its
information in accordance with the implementing acts
findings.
adopted pursuant to this Regulation, in relation to those
applicable acts.
4. EU
type-approval
certificates
shall
be
numbered
in
4. Without
prejudice
to
paragraphs
1,
2
and
3,
the
following accordance with a harmonised system laid down by the
information shall be supplied for the purposes of multi-stage
Commission by means of implementing acts. Those imple
type-approval:
menting acts shall be adopted in accordance with the exam
ination procedure referred to in Article 69(2). The first such
implementing acts shall be adopted by 31 December 2014.
(a) 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;
5. The
approval
authority
shall,
within
one
month
of
issuing
the EU type-approval certificate, send to the approval authorities
of the other Member States a copy of the EU vehicle type-
(b) in the second and subsequent stages, those parts of the
approval certificate, together with the attachments, for each
information folder and the EU type-approval certificates
type of vehicle which it has approved by means of a
which are relevant to the current stage of construction,
common secure electronic exchange system. The copy may
together with a copy of the EU type-approval certificate
also take the form of a secure electronic file.
for the vehicle issued at the preceding stage of construction
and full details of any changes or additions that the manu
facturer has made to the vehicle.
6. The
approval
authority
shall
without
delay
inform
the
approval authorities of the other Member States of its refusal
The information specified in points (a) and (b) of the first
or withdrawal of any vehicle approval, together with the reasons
subparagraph of this paragraph may be supplied in accordance
for its decision.
with paragraph 3.
5. The
approval
authority
may,
by
reasoned
request,
require 7. At
three-monthly
intervals,
the
approval
authority
shall
the manufacturer to supply any additional information needed
send to the approval authorities of the other Member States a
to enable a decision to be taken on which tests are required or
list of the EU type-approvals it has granted, amended, refused to
to facilitate the execution of those tests.
grant or withdrawn for systems, components or separate
technical units during the preceding period.
CHAPTER V
CONDUCT OF EU TYPE-APPROVAL PROCEDURES
8. If
so
requested
by
an
approval
authority
of
another
Member State, the approval authority which has granted an
Article 24
EU type-approval shall, within one month of receiving that
General provisions
request, send to the former a copy of the requested EU type-
approval certificate, together with the attachments by means of
1. Approval
authorities
shall
grant
an
EU
type-approval
only a common secure electronic exchange system. The copy may
after verifying the conformity of production arrangements
also take the form of a secure electronic file.
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9. If
so
requested
by
the
Commission,
the
approval
authority (c) issue the completed certificate, together with its attach
shall submit the information referred to in paragraphs 5 to 8 to
ments, to the applicant without delay.
the Commission as well.
The Commission shall lay down the template for the test results
10. The
approval
authority
shall
put
together
an
information sheet referred to in point (a) by means of implementing acts.
package consisting of the information folder accompanied by
Those implementing acts shall be adopted in accordance with
the test reports and all other documents added by the technical
the examination procedure referred to in Article 69(2). The first
service or by the approval authority to the information folder in
such implementing acts shall be adopted by 31 December
the course of carrying out their functions. The information
2014.
package shall contain an index listing its contents, suitably
numbered or otherwise marked so as to identify clearly all
the pages and the format of each document such as to
present a record of the successive steps in the management of
4. In
the
case
of
an
EU
type-approval
for
which,
in
the EU type-approval, in particular the dates of revisions and
accordance with Article 35, restrictions have been imposed as
updating. The approval authority shall keep information
to its validity, or certain provisions of this Regulation or the
contained in the information package available for a period of
delegated and implementing acts adopted pursuant to this Regu
10 years after the end of validity of the approval concerned.
lation have been waived, the EU type-approval certificate shall
specify those restrictions or waivers.
Article 25
5. Where the manufacturer chooses the mixed type-approval
Specific provisions concerning the EU type-approval
procedure, the approval authority shall complete the
certificate
information package with the references to the test reports,
1. The
EU
type-approval
certificate
shall
contain,
as
attach
established by the implementing acts referred to in Article 27(1),
ments, the following:
for which no EU type-approval certificate is available.
(a) the information package referred to in Article 24(10);
6. Where
the
manufacturer
chooses
the
single-step
type-
approval procedure, the approval authority shall establish a
list of applicable requirements or acts and append that list to
the EU type-approval certificate. The Commission shall adopt
(b) the test results;
the template for such a list 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
(c) the name(s) and specimen(s) of the signature(s) of the
such implementing acts shall be adopted by 31 December
person(s) authorised to sign certificates of conformity and
2014.
a statement of their position in the company;
Article 26
(d) in the case of an EU whole-vehicle type-approval, a filled-
Specific provisions concerning systems, components or
out specimen of the certificate of conformity.
separate technical units
1. EU
type-approval
shall
be
granted
in
respect
of
a
system
which conforms to the particulars in the information folder and
2. The
EU
type-approval
certificate
shall
be
issued
on
the which meets the technical requirements laid down in the
basis of the template laid down by the Commission by means
relevant acts listed in Annex I.
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.
2. EU
type-approval
for
a
component
or
separate
technical
unit shall be granted in respect of a component or separate
technical unit that conforms to the particulars in the
3. In respect of each type of vehicle, the approval authority
information folder and which meets the technical requirements
shall:
laid down in the relevant acts listed in Annex I.
(a) complete all the relevant sections of the EU type-approval
3. Where
components
or
separate
technical
units,
whether
or
certificate, including the test results sheet appended thereto;
not intended for repair, servicing or maintenance, are also
covered by a system type-approval with respect to a vehicle,
no additional component or separate technical unit approval
shall be required unless provided for under the relevant acts
(b) compile the index to the information package;
listed in Annex I.
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4. Where
a
component
or
separate
technical
unit
fulfils
its 4. Subject to the agreement of the approval authority, virtual
function or offers a specific feature only in conjunction with
testing methods may be used as alternatives to the test
other parts of the vehicle, thereby making it possible to verify
procedures referred to in paragraph 1 at the request of the
compliance with the requirements only when the component or
manufacturer with respect to those requirements established
separate technical unit is operating in conjunction with those
in the delegated acts adopted pursuant to paragraph 6.
other vehicle parts, the scope of the EU type-approval of the
component or the separate technical unit shall be restricted
accordingly.
5. Virtual
testing
methods
shall
fulfil
the
conditions
set
out
in the delegated acts adopted pursuant to paragraph 6.
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.
6.
In order to ensure that the results obtained through virtual
testing are as meaningful as those obtained through physical
testing, the Commission shall be empowered to adopt
Where such a component or separate technical unit is fitted by
delegated acts in accordance with Article 71 concerning the
the vehicle manufacturer, compliance with any applicable
requirements which can be subject to virtual testing and the
restrictions on use or conditions for mounting shall be
conditions under which the virtual testing are to be performed.
verified at the time when the vehicle is approved.
When adopting those delegated acts, the Commission shall take
as a basis the requirements and procedures provided for in
Annex XVI to Directive 2007/46/EC of the European Parliament
and of the Council of 5 September 2007 establishing a
Article 27
framework for the approval of motor vehicles and their
Tests required for EU type-approval
trailers, and of systems, components and separate technical
units intended for such vehicles (Framework Directive) ( 1 ), as
1. Compliance
with
the
technical
prescriptions
laid
down
in appropriate.
this Regulation and in the acts listed in Annex I shall be
demonstrated by means of appropriate tests performed by
designated technical services.
Article 28
Conformity of production arrangements
The test procedures referred to in the first subparagraph and the
specific equipment and tools prescribed to perform those tests
1. An
approval
authority
which
grants
an
EU
type-approval
shall be those laid down in the relevant acts listed in Annex I.
shall take the necessary measures to verify, if necessary in
cooperation with the approval authorities of the other
Member States, that adequate arrangements have been made
to ensure that the vehicles, systems, components or separate
The format of the test report shall comply with the general
technical units in production will conform to the approved
requirements as laid down by the Commission by means of
type.
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.
2. An
approval
authority
which
grants
a
whole-vehicle
type-
approval shall take the necessary measures to verify that
certificates of conformity issued by the manufacturer conform
2. The
manufacturer
shall
make
available
to
the
approval to Article 33. To that end, the approval authority shall verify
authority as many vehicles, components or separate technical
that a sufficient number of samples of certificates of conformity
units as are required under the relevant acts listed in Annex I
conform to Article 33 and that the manufacturer has made
for the performance of the required tests.
adequate arrangements to ensure that the data in the certificates
of conformity are correct.
3. The
required
tests
shall
be
performed
on
vehicles,
components and separate technical units which are represen
tative of the type to be approved.
3. An
approval
authority
which
has
granted
an
EU
type-
approval shall take the necessary measures in relation to that
approval to verify, if necessary in cooperation with the approval
authorities of the other Member States, that the arrangements
However, the manufacturer may select, in agreement with the
referred to in paragraphs 1 and 2 continue to be adequate so
approval authority, a vehicle, system, component or separate
that vehicles, systems, components or separate technical units in
technical unit which, while not representative of the type to
production will continue to conform to the approved type and
be approved, combines a number of the most unfavourable
that certificates of conformity continue to comply with
features with regard to the required level of performance.
Article 33.
Virtual testing methods may be used to aid decision-making
during the selection process.
( 1 ) OJ L 263, 9.10.2007, p. 1.
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4. In order to verify that a vehicle, system, component or
Article 30
separate technical unit conforms to the approved type, the
approval authority which has granted the EU type-approval
Revisions and extensions of EU type-approvals
may carry out any of the checks or tests, required for the EU
1. If
particulars
recorded
in
the
information
package
have
type-approval, on samples taken at the premises of the manu
changed, without requiring inspections or tests to be repeated,
facturer, including production facilities.
the amendment shall be designated a ‘revision’.
5. When an approval authority which has granted an EU
In such cases, the approval authority shall issue the revised
type-approval establishes that the arrangements referred to in
pages of the information package as necessary, marking each
paragraphs 1 and 2 are not being applied, deviate significantly
revised pages to show clearly the nature of the change and the
from the arrangements and control plans agreed, have ceased to
date of reissue. A consolidated, updated version of the
be applied or are no longer considered to be adequate, even
information package, accompanied by a detailed description of
though production is continued, it shall take the necessary
the changes, shall be deemed to meet that requirement.
measures to ensure that the procedure for conformity of
production is followed correctly or shall withdraw the type-
approval.
2. The
amendment
shall
be
designated
an
‘extension’
when
particulars recorded in the information package have changed
and any of the following occurs:
6. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 71 concerning the detailed
(a) further inspections or tests are required;
arrangements with regard to conformity of production. The
first such delegated acts shall be adopted by 31 December
2014.
(b) any information on the EU type-approval certificate, with
the exception of its attachments, has changed;
CHAPTER VI
(c) new requirements under any act listed in Annex I become
AMENDMENTS TO EU TYPE-APPROVALS
applicable to the approved vehicle type or to the approved
Article 29
system, component or separate technical unit.
General provisions
1. The
manufacturer
shall
inform
without
delay
the
approval In the event of an extension, the approval authority shall issue
authority that granted the EU type-approval of any change in
an updated EU type-approval certificate denoted by an
the particulars recorded in the information package.
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.
That approval authority shall decide which of the procedures
laid down in Article 30 is to be followed.
3. Whenever
amended
pages
or
a
consolidated,
updated
version are issued, the index to the information package
Where necessary, the approval authority may decide, after
attached to the approval certificate shall be amended
consulting the manufacturer, that a new EU type-approval is
accordingly to show the date of the most recent extension or
to be granted.
revision, or the date of the most recent consolidation of the
updated version.
2. An
application
for
the
amendment
of
an
EU
type-approval 4. No
amendment
to
the
type-approval
of
a
vehicle
shall
be
shall be submitted exclusively to the approval authority that
required if the new requirements referred to in point (c) of
granted the original EU type-approval.
paragraph 2 are, from a technical point of view, irrelevant to
that type of vehicle or concern categories of vehicle other than
the category to which it belongs.
3. If the approval authority finds that, for the purposes of
making an amendment, inspections or tests need to be repeated,
it shall inform the manufacturer accordingly.
Article 31
Issue and notification of amendments
1. In
the
case
of
an
extension
all
relevant
sections
of
the
EU
The procedures referred to in Article 30 shall apply only if, on
type-approval certificate, the attachments thereto, and the index
the basis of those inspections or tests, the approval authority
to the information package shall be updated. The updated
concludes that the requirements for EU type-approval continue
certificate and its attachments shall be issued to the applicant
to be fulfilled.
without delay.
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2. In the case of a revision, the revised documents or the
The approval authority that granted the EU type-approval shall
consolidated, updated version, as appropriate, including the
without delay communicate all relevant information to the
revised index to the information package, shall be issued by
approval authorities of the other Member States so as to
the approval authority to the applicant without delay.
enable the application, where appropriate, of Article 39.
3. The
approval
authority
shall
notify
any
amendment
made
to EU type-approvals to the approval authorities of the other
The communication referred to in the second subparagraph
Member States in accordance with the procedures set out in
shall specify, in particular, the date of production and the
Article 24.
vehicle identification number of the last vehicle produced.
CHAPTER VII
CHAPTER VIII
VALIDITY OF EU TYPE-APPROVAL
CERTIFICATE OF CONFORMITY AND MARKINGS
Article 32
Article 33
Termination of validity
Certificate of conformity
1. EU
type-approvals
shall
be
issued
for
an
unlimited 1. The manufacturer, in its capacity as the holder of a vehicle
duration.
type-approval, shall deliver a certificate of conformity as a paper
document to accompany each vehicle, whether complete,
incomplete or completed, which is manufactured in conformity
2. An
EU
type-approval
of
a
vehicle
shall
become
invalid
in with the approved vehicle type.
any of the following cases:
(a) new requirements applicable to the approved vehicle type
Such a certificate shall be delivered free of charge to the buyer
become mandatory for the making available on the market,
together with the vehicle. Its delivery may not be made
registration, or entry into service of vehicles, and it is not
dependent on an explicit request or the submission of
possible to update the type-approval accordingly;
additional information to the manufacturer.
(b) production of the approved vehicle is definitively discon
For a period of 10 years after the production date of the vehicle,
tinued voluntarily;
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
(c) the validity of the approval expires by virtue of a restriction
word ‘duplicate’ shall be clearly visible on the face of any
in accordance with Article 35(6);
duplicate certificate.
(d) the approval has been withdrawn in accordance with
Article 28(5), Article 44(1) or Article 47(4).
2. The
manufacturer
shall
use
the
template
for
the
certificate
of conformity adopted by the Commission by means of imple
menting acts. Those implementing acts shall be adopted in
3. Where
only
one
variant
within
a
type
or
one
version accordance with the examination procedure referred to in
within a variant becomes invalid, the EU type-approval of the
Article 69(2). The certificate of conformity shall be designed
vehicle in question shall lose validity only in so far as the
to prevent forgery. To that end, the implementing acts shall
particular variant or version is concerned.
provide that the paper used in the certificate shall be
protected by several security printing features. The first such
implementing acts shall be adopted by 31 December 2014.
4. When
production
of
a
particular
type
of
vehicle
is
defini
tively discontinued, the manufacturer shall notify the approval
authority that granted the EU type-approval for that vehicle.
3. The
certificate
of
conformity
shall
be
drawn
up
in
at
least
one of the official languages of the Union. Any Member State
may request the certificate of conformity to be translated into
Within one month of receiving the notification referred to in
its own official language or languages.
the first subparagraph, the approval authority which granted the
EU type-approval for the vehicle shall inform the approval auth
orities of the other Member States accordingly.
4. The
person(s)
authorised
to
sign
certificates
of
conformity
shall be in the manufacturer’s organisation and shall be duly
5. Without
prejudice
to
paragraph
4,
in
cases
where
an
EU authorised by the management to fully engage the legal respon
type-approval of a vehicle is due to become invalid, the manu
sibility of the manufacturer with respect to the design and the
facturer shall notify the approval authority that granted the EU
construction or to the conformity of the production of the
type-approval.
vehicle.
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5. The
certificate
of
conformity
shall
be
completed
in
its 3. The
statutory
plate
and
EU
type-approval
mark
shall
be
in
entirety and shall not contain restrictions as regards the use
accordance with the model set out by the Commission by
of the vehicle other than those provided for in this Regulation
means of implementing acts. Those implementing acts shall
or any of the delegated acts adopted pursuant to this Regu
be adopted in accordance with the examination procedure
lation.
referred to in Article 69(2). The first such implementing acts
shall be adopted by 31 December 2014.
6. In
the
case
of
an
incomplete
or
completed
vehicle,
the
manufacturer shall fill in only those items of the certificate of
conformity which have been added or changed at the current
CHAPTER IX
stage of approval and, if applicable, shall attach to the certificate
EXEMPTIONS FOR NEW TECHNOLOGIES OR NEW CONCEPTS
all certificates of conformity delivered at the previous stages.
Article 35
Exemptions for new technologies or new concepts
7. The
certificate
of
conformity
shall,
for
vehicles
approved 1. The
manufacturer
may
apply
for
an
EU
type-approval
in
in accordance with Article 35(2), display in its title the phrase
respect of a type of vehicle, system, component or separate
‘For complete/completed vehicles, type-approved in application
technical unit that incorporates new technologies or concepts
of Article 26 of Regulation (EU) No 167/2013 of the European
which are incompatible with one or more acts listed in Annex I.
Parliament and of the Council of 5 February 2013 on the
approval and market surveillance of agricultural and forestry
vehicles (provisional approval)’.
2. The
approval
authority
shall
grant
the
EU
type-approval
referred to in paragraph 1 where all of the following conditions
8. The
certificate
of
conformity
as
set
out
in
the
imple
are met:
menting acts referred to in paragraph 2, shall, for vehicles
type-approved in accordance with Article 37, display in the
title thereof the phrase ‘For complete/completed vehicles type-
approved in small series’, and in close proximity thereto the
(a) the application states the reasons why the technologies or
year of production followed by a sequential number, between
concepts in question make the system, component or
1 and the limit indicated in the table set out in Annex II,
separate technical unit incompatible with one or more
denoting, in respect of each year of production, the position
acts listed in Annex I;
of that vehicle within the production allocated for that year.
9. Without
prejudice
to
paragraph
1,
the
manufacturer
may (b) the application describes the safety and environmental
transmit the certificate of conformity by electronic means to the
implications of the new technology and the measures
registration authority of any Member State.
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;
Article 34
Statutory plate with the appropriate marking of vehicles
and type-approval mark of components or separate
(c) test descriptions and results are presented which prove that
technical units
the condition in point (b) is met.
1. The
manufacturer
of
a
vehicle
shall
affix
to
each
vehicle
manufactured in conformity with the approved type a statutory
plate with the appropriate marking required by the relevant
3. The
granting
of
such
an
EU
type-approval
exempting
new
implementing act adopted pursuant to paragraph 3.
technologies or new concepts shall be subject to authorisation
by the Commission. That authorisation shall be given by means
of an implementing act. That implementing act shall be adopted
in accordance with the examination procedure referred to in
2. The
manufacturer
of
a
component
or
separate
technical Article 69(2).
unit, whether or not it is part of a system, shall affix to each
component or separate technical unit manufactured in
conformity with the approved type the type-approval mark
required by the relevant implementing act adopted pursuant
to this Regulation or the relevant UNECE regulation or OECD
4.
Pending the decision on authorisation by the Commission,
Code.
the approval authority may already issue the EU type-approval,
but it shall be provisional, valid only in the territory of that
Member State, in respect of a type of vehicle covered by the
exemption sought. The approval authority shall inform the
Where no such type-approval mark is required, the manu
Commission and the other Member States thereof without
facturer shall affix at least the trade name or trade mark of
delay by means of a file containing the information referred
the manufacturer, the type number or an identification number.
to in paragraph 2.
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The provisional nature and the limited territorial validity shall
CHAPTER X
be apparent from the heading of the type-approval certificate
and the heading of the certificate of conformity. The
VEHICLES PRODUCED IN SMALL SERIES
Commission may adopt implementing acts in order to
Article 37
provide for harmonised templates for the type-approval
certificate and the certificate of conformity for the purposes
National type-approval of small series
of this paragraph. Those implementing acts shall be adopted
1. The
manufacturer
may
apply
for
a
national
type-approval
in accordance with the examination procedure referred to in
of small series of a type of vehicle within the quantitative
Article 69(2).
annual limits set out in Annex II. These limits shall apply to
the making available on the market, registration or entry into
service of vehicles of the approved type on the market of each
5. Other
approval
authorities
may
decide
to
accept
in
writing Member State in a given year.
the provisional approval referred to in paragraph 4 within their
territory.
For the national type-approval of small series, the approval
authority may, if it has reasonable grounds to do so, waive
6. Where appropriate, the authorisation by the Commission
one or more of the provisions of this Regulation and one or
referred to in paragraph 3 shall also specify whether it is subject
more of the provisions of one or more of the acts listed in
to any restrictions. In all cases, the type-approval shall be valid
Annex I, provided that it specifies alternative requirements.
for at least 36 months.
7. If
the
Commission
decides
to
refuse
authorisation,
the 2. The
alternative
requirements
referred
to
in
paragraph
1
approval authority shall immediately give notice to the holder
shall ensure a level of functional safety and environmental
of the provisional type-approval referred to in paragraph 3 that
protection and occupational safety which is equivalent to the
the provisional approval will be revoked six months after the
greatest extent practicable to the level provided for by the
date of the Commission’s refusal.
relevant acts listed in Annex I.
However, vehicles manufactured in conformity with the
3. For
the
national
type-approval
of
vehicles
under
this
provisional approval before it ceases to be valid may be
Article, systems, components or separate technical units which
placed on the market, registered or entered into service in
are type-approved in accordance with the acts listed in Annex I
any Member State that accepted the provisional approval.
shall be accepted.
Article 36
4. The
type-approval
certificate
for
vehicles
type-approved
in
Subsequent adaptation of delegated and implementing acts
accordance with this Article shall be drafted in accordance with
the template referred to in Article 25(2), but shall not bear the
1. Where the Commission authorises the granting of an
heading ‘EU vehicle type-approval certificate’ and shall specify
exemption pursuant to Article 35, it shall immediately take
the content of the waivers granted pursuant to paragraph 1.
the necessary steps to adapt the delegated or implementing
Type-approval certificates shall be numbered in accordance with
acts concerned to technological developments.
the harmonised system referred to in Article 24(4).
Where the exemption under Article 35 relates to a UNECE
5. The validity of a national type-approval of small series
regulation, the Commission shall propose an amendment to
shall be restricted to the territory of the Member State whose
the relevant UNECE regulation in accordance with the
approval authority granted the approval.
procedure applicable under the Revised 1958 Agreement.
2. As
soon
as
the
relevant
acts
have
been
amended,
any 6. However,
at
the
request
of
the
manufacturer,
a
copy
of
the
restriction in the Commission decision authorising the
type-approval certificate and its attachments shall be sent by
exemption shall be lifted.
registered mail or by electronic mail to the approval authorities
of the Member States designated by the manufacturer.
If the necessary steps to adapt the delegated or implementing
acts have not been taken, the Commission may, at the request
7. Within three months of receipt of the request referred to
of the Member State which granted the approval, authorise, by
in paragraph 6, the approval authorities of the Member States
means of a decision in the form of an implementing act
designated by the manufacturer shall decide whether or not they
adopted in accordance with the examination procedure
accept the type-approval. They shall formally communicate their
referred to in Article 69(2), the Member State to extend the
decision to the approval authority which granted the national
type-approval.
type-approval of small series.
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8. The
approval
authorities
of
the
Member
States
shall
accept 2. Paragraph
1
shall
apply,
in
the
case
of
complete
vehicles,
the national type-approval unless they have reasonable grounds
for a period of 24 months from the date on which the EU type-
to believe that the national technical requirements in accordance
approval became invalid and, in the case of completed vehicles,
with which the vehicle was approved are not equivalent to their
for a period of 30 months from that date.
own.
3. A
manufacturer
who
wishes
to
benefit
from
paragraph
1
9. At
the
request
of
an
applicant
who
wishes
to
place
on
the shall submit a request to the national authority of each Member
market or register a vehicle with national type-approval of small
State where the vehicles in question are to be made available on
series in another Member State, the approval authority that
the market, registered or entered into service. That request shall
granted the national type-approval of small series shall
specify any technical or economic reasons preventing those
provide the national authority of the other Member State with
vehicles from complying with the new type-approval require
a copy of the type-approval certificate including the information
ments.
package. Paragraphs 7 and 8 shall apply.
The national authority concerned shall decide, within three
months of receiving the request, whether and in what number
CHAPTER XI
to permit the registration of those vehicles within their territory.
MAKING AVAILABLE ON THE MARKET, REGISTRATION OR
ENTRY INTO SERVICE
4. The
amount
of
end-of-series
vehicles
shall
not
exceed
Article 38
10 % of the number of vehicles registered in the two
Making available on the market, registration or entry into
preceding years or 20 vehicles per Member State, whichever is
service of vehicles
higher.
1. Without
prejudice
to
Articles
41
and
44,
vehicles
for
which EU whole-vehicle type-approval is mandatory or for
5. A
special
entry
qualifying
the
vehicle
as
‘end-of-series’
which the manufacturer has obtained such type-approval
shall be made on the certificate of conformity of the vehicles
under this Regulation shall only be made available on the
put into service under this procedure.
market, registered or enter into service if they are accompanied
by a valid certificate of conformity issued in accordance with
Article 33.
6. Member
States
shall
ensure
that
the
number
of
vehicles
to
be made available on the market, registered or entered into
service under the procedure set out in this Article is effectively
Where such vehicles are incomplete, making available on the
monitored.
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
7. This
Article
shall
apply
only
to
discontinuation
due
to
on the road of such vehicles.
termination of validity of the type-approval in the case
referred to in point (a) of Article 32(2).
2. Paragraph
1
shall
not
apply
to
vehicles
intended
for
use
by the armed services, by civil defence, fire services and forces
Article 40
responsible for maintaining public order or to vehicles approved
Making available on the market or entry into service of
in accordance with Article 37.
components and separate technical units
1. Components
or
separate
technical
units
may
only
be
made available on the market or entered into service if they
Article 39
comply with the requirements of the relevant acts listed in
Making available on the market registration or entry into
Annex I and are properly marked in accordance with Article 34.
service of end-of-series vehicles
1. Subject
to
the
end-of-series
limits
and
time
limit
specified 2. Paragraph
1
shall
not
apply
in
the
case
of
components
or
in paragraphs 2 and 4, vehicles conforming to a type of vehicle
separate technical units which are specifically constructed or
whose EU type-approval has become invalid pursuant to
designed for new vehicles not covered by this Regulation.
Article 32 may be made available on the market, registered
or entered into service.
3. By way of derogation from paragraph 1, Member States
may permit the making available on the market or entry into
The first subparagraph shall apply only to vehicles within the
service of components or separate technical units which have
territory of the Union which were covered by a valid EU type-
been exempted from one or more provisions of this Regulation
approval at the time of their production, but which had neither
under Article 35 or are intended for mounting on vehicles
been made available on the market, registered nor entered into
covered by approvals granted under Article 37 that concern
service before that EU type-approval lost its validity.
the component or separate technical unit in question.
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4. By
way
of
derogation
from
paragraph
1,
and
unless vehicles, systems, components or separate technical units that
otherwise provided for in this Regulation or in one of the
it has placed on the market, registered or is responsible for its
delegated acts adopted pursuant to this Regulation, Member
entry into service in the Union.
States may permit the making available on the market or
entry into service of components or separate technical units
which are intended for mounting on vehicles which, when
4. Where
the
economic
operator
does
not
take
adequate
made available on the market or entered into service, were
corrective action within the period referred to in the second
not required to be type-approved by this Regulation or by
subparagraph of paragraph 1, the national authorities shall
Directive 2003/37/EC.
take all appropriate measures to prohibit or restrict the
making available on the market, registration or entry into
service of non-compliant vehicles, systems, components or
separate technical units on their national market, to withdraw
CHAPTER XII
them from that market or to recall them.
SAFEGUARD CLAUSES
Article 41
5. The
national
authorities
shall,
without
delay,
inform
the
Procedure for dealing with vehicles, systems, components
Commission and the other Member States of the measures
or separate technical units presenting a serious risk at
provided for in paragraph 4.
national level
1. Where
the
market
surveillance
authorities
of
one
Member
State have taken action pursuant to Article 20 of Regulation
The information provided shall include all available details, in
(EC) No 765/2008, or where they have sufficient reason to
particular the data necessary for the identification of the non-
believe that a vehicle, system, component or separate
compliant vehicle, system, component or separate technical
technical unit covered by this Regulation presents a serious
unit, its origin, the nature of the non-conformity alleged and
risk to the health or safety of persons or to other aspects of
the risk involved, the nature and duration of the national
the protection of public interests covered by this Regulation, the
measures taken, and the arguments put forward by the
approval authority that granted the approval shall carry out an
relevant economic operator. In particular, the approval auth
evaluation in relation to the vehicle, system, component or
orities shall indicate whether the non-conformity is due to
separate technical unit concerned covering all the requirements
either of the following:
laid down in this Regulation. The relevant economic operators
shall cooperate fully with the approval and/or market
surveillance authorities.
(a) 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
Where, in the course of that evaluation, the approval authority
by this Regulation;
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
(b) shortcomings in the relevant acts listed in Annex I.
delay require the relevant economic operator to take all appro
priate corrective action to bring the vehicle, system, component
or separate technical unit into compliance with those require
ments, to withdraw the vehicle, system, component or separate
6. Member
States
shall
within
one
month
inform
the
technical unit from the market, or to recall it within a
Commission and the other Member States of any measures
reasonable period, commensurate with the nature of the risk.
adopted and of any additional information at their disposal
relating to the non-conformity of the vehicle, system,
component or separate technical unit concerned, and, in the
event of disagreement with the notified national measure, of
Article 21 of Regulation (EC) No 765/2008 shall apply to the
their objections.
measures referred to in the second subparagraph of this para
graph.
7. Where,
within
one
month
of
receipt
of
the
information
referred to in paragraph 6 of this Article, an objection has been
raised by either another Member State or the Commission in
2. Where
the
approval
authorities
consider
that
non- respect of a measure taken by a Member State, that measure
conformity is not restricted to their national territory, they
shall be evaluated by the Commission in accordance with
shall inform the Commission and the other Member States of
Article 42.
the results of the evaluation and the action required of the
economic operator.
8. Member
States
shall
ensure
that
appropriate
restrictive
measures are taken in respect of the vehicle, system,
component or separate technical unit concerned, such as with
3. The
economic
operator
shall
ensure
that
all
appropriate drawal of the vehicle, system, component or separate technical
corrective action is taken in respect of all non-compliant
unit from their market, without delay.
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Union L
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Article 42
entry into service, no longer presents that risk, to withdraw the
vehicle, system, component or separate technical unit from the
Union safeguard procedure
market or to recall it within a reasonable period, commensurate
1. Where, during the procedure set out in Article 41(3)
with the nature of the risk. The Member State may refuse to
and (4), objections are raised against a measure taken by a
register such vehicles until the vehicle manufacturer has taken
Member State, or where the Commission considers a national
all appropriate measures.
measure to be contrary to the Union legislation, the
Commission shall without delay evaluate the national measure
after consulting Member States and the relevant economic
operator or operators. On the basis of the results of that evalu
2. For
a
vehicle,
system,
component
or
separate
technical
ation, the Commission shall decide, in accordance with the
unit as referred to in paragraph 1, the economic operator
examination procedure referred to in Article 69(2), whether
shall ensure that corrective action is taken in respect of all
the national measure is considered justified or not.
such vehicles, systems, components or separate technical units
placed on the market, registered or entered into service in the
Union.
The Commission shall communicate its decision to all Member
States and to the relevant economic operator or operators.
3. The
Member
State
referred
to
in
paragraph
1
shall
within
one month inform the Commission and the other Member
States of all available details, in particular the data necessary
2. If
the
national
measure
is
considered
justified
by
the for the identification of the vehicle, system, component or
Commission, all Member States shall take the measures
separate technical unit concerned, the origin and the supply
necessary to ensure that the non-compliant vehicle, system,
chain of the vehicle, system, component or separate technical
component or separate technical unit is withdrawn from their
unit, the nature of the risk involved and the nature and duration
market, and shall inform the Commission accordingly. If the
of the national measures taken.
national measure is considered unjustified, the Member State
concerned shall withdraw or adapt the measure, in accordance
with the decision referred to in paragraph 1.
4. The
Commission
shall,
without
delay,
consult
the
Member
States and the relevant economic operator or operators and, in
particular, the approval authority that granted the type-approval,
3. Where the national measure is considered justified and is
and shall evaluate the national measures taken. On the basis of
attributed to shortcomings in this Regulation or in delegated or
that evaluation, the Commission shall decide whether the
implementing acts adopted pursuant to this Regulation, the
national measures referred to in paragraph 1 are considered
Commission shall propose appropriate measures as follows:
justified or not and, where necessary, propose appropriate
measures.
(a) where delegated or implementing acts adopted pursuant to
this Regulation are concerned, the Commission shall
5. The
Commission
shall
address
its
decision
to
all
Member
propose the necessary amendments to the act concerned;
States and shall immediately communicate it to them and the
relevant economic operator or operators.
(b) where UNECE regulations are concerned, the Commission
shall propose the necessary draft amendments to the
Article 44
relevant UNECE regulations in accordance with the
procedure applicable under the Revised 1958 Agreement.
Vehicles, systems, components or separate technical units
not in conformity with the approved type
1. Where
new
vehicles,
systems,
components
or
separate
technical units accompanied by a certificate of conformity or
Article 43
bearing an approval mark do not conform to the approved
type, the approval authority which granted the EU type-
Compliant vehicles, systems, components or separate
approval shall take the necessary measures, including the with
technical units that present a serious risk
drawal of type-approval, to ensure that vehicles, systems,
1. Where, having performed an evaluation under components or separate technical units in production are
Article 41(1), a Member State finds that vehicles, systems,
brought into conformity with the approved type.
components or separate technical units, although they comply
with the applicable requirements or are properly marked,
present a serious risk to safety or may seriously harm the
environment or public health, it shall require the relevant
2. For
the
purposes
of
paragraph
1,
deviations
from
the
economic operator to take all appropriate measures to ensure
particulars in the EU type-approval certificate or the information
that the vehicle, system, component or separate technical unit
package shall be deemed to constitute failure to conform to the
concerned, when placed on the market, registered or after its
approved type.
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3. If
an
approval
authority
demonstrates
that
new
vehicles, the vehicle or for its environmental performance shall not be
components or separate technical units accompanied by a
placed on the market, registered or enter into service and shall
certificate of conformity or bearing an approval mark issued
be prohibited, unless they have been authorised by an approval
in another Member State do not conform to the approved
authority in accordance with Article 46(1), (2) and (4).
type, it may ask the approval authority which granted the EU
type-approval to verify that vehicles, systems, components or
separate technical units in production continue to conform to
2. In
order
to
ensure
the
uniform
application
of
paragraph
1,
the approved type. On receipt of such a request, the approval
the Commission may adopt implementing acts to draw up a list
authority which granted the EU type-approval shall take the
of such parts or equipment on the basis of available
requisite action as soon as possible and at the latest within
information, and in particular information communicated by
three months of the date of the request.
the Member States regarding:
4. The approval authority shall request the approval
authority which granted the EU type-approval for a system,
(a) the seriousness of the risk to the safety or environmental
component, separate technical unit or incomplete vehicle to
performance of vehicles fitted with the parts or equipment
take the necessary action to ensure that vehicles in production
in question;
are brought back into conformity with the approved type in the
following cases:
(b) the possible effect on consumers and after-market manu
facturers of the imposition under this Article of a possible
(a) for an EU vehicle type-approval, where the non-conformity
authorisation requirement for parts or equipment.
of a vehicle is attributable exclusively to the non-conformity
of a system, component or separate technical unit;
Those implementing acts shall be adopted in accordance with
(b) for a multi-stage type-approval, where the non-conformity
the examination procedure referred to in Article 69(2).
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
3. Paragraph
1
shall
not
apply
to
original
parts
or
equipment
non-conformity of the incomplete vehicle itself.
and to parts or equipment that are type-approved in accordance
with any of the acts listed in Annex I, except where the
approval relates to aspects other than those covered in
5. On
receipt
of
such
a
request,
the
approval
authority paragraph 1.
concerned shall take the necessary action, if necessary in
conjunction with the approval authority making the request,
as soon as possible and at the latest within three months of
the date of the request.
4. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 71 concerning the requirements
which the parts and equipment referred to in paragraph 1 of
6. Where non-conformity is established, the approval
this Article shall fulfil.
authority of the Member State that granted the EU type-
approval for the system, component or separate technical unit
or for the incomplete vehicle shall take the measures set out in
5. These
requirements
may
be
based
on
the
acts
listed
in
paragraph 1.
Annex I or may consist of a comparison of the parts or
equipment with the environmental or safety performance of
the original vehicle, or of any of its parts, as appropriate. In
The approval authorities shall inform each other within one
either case, the requirements shall ensure that the parts or
month of any withdrawal of EU type-approval and of the
equipment do not impair the functioning of those systems
reasons therefor.
that are essential for the safety of the vehicle or its environ
mental performance.
7. If
the
approval
authority
that
granted
the
EU
type-
approval disputes the non-conformity notified to it, the
Member States concerned shall endeavour to settle the
Article 46
dispute. The Commission shall be kept informed and, where
necessary, shall hold appropriate consultations with a view to
Parts or equipment that may pose a serious risk to the
reaching a settlement.
correct functioning of essential systems — related
requirements
1. For the purposes of Article 45(1), the manufacturer of
Article 45
parts or equipment shall submit to the approval authority an
Placing on the market and entry into service of parts or
application accompanied by a test report drafted by a
equipment that may pose a serious risk to the correct
designated technical service which certifies that the parts or
functioning of essential systems
equipment for which authorisation is sought comply with the
requirements referred to in Article 45(4). The manufacturer may
1. Parts
or
equipment
that
may
pose
a
serious
risk
to
the submit only one application per type of part to only one
correct functioning of systems that are essential for the safety of
approval authority.
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If so requested by the competent authority of another Member
of the Commission. The Commission shall take the appropriate
State, the approval authority which has given the authorisation
measures in order to resolve the disagreement, including, where
shall, within one month of receiving that request, send to the
necessary, requiring the withdrawal of the authorisation, after
former a copy of the requested authorisation certificate together
having consulted the approval authorities.
with the attachments by means of a common secure electronic
exchange system. The copy may also take the form of a secure
electronic file.
7. Until the list referred to in Article 45(2) has been estab
lished, Member States may maintain national provisions dealing
2. The
application
shall
include
details
of
the
manufacturer with parts or equipment which may affect the correct func
of the parts or equipment, the type, identification and part
tioning of systems essential for the safety of the vehicle or its
numbers of the parts or equipment, the vehicle manufacturer’s
environmental performance.
name, type of vehicle and, if appropriate, year of construction
or any other information permitting the identification of the
vehicle to which the parts or equipment are to be fitted.
Article 47
Recall of vehicles, systems, components or separate
When the approval authority is satisfied, taking account of the
technical units
test report and other evidence, that the parts or equipment in
question comply with the requirements referred to in
1. Where
a
manufacturer
who
has
been
granted
an
EU
Article 45(4), it shall authorise the parts or equipment to be
whole-vehicle type-approval is obliged, in accordance with
placed on the market and to be entered into service, subject to
Regulation (EC) No 765/2008, to recall vehicles placed on the
the second subparagraph of paragraph 4 of this Article.
market, registered or for which the manufacturer was
responsible for the entry into service, because a system,
component or separate technical unit fitted to the vehicle
The approval authority shall issue a certificate to the manu
presents a serious risk to safety, public health or environmental
facturer without delay.
protection, whether or not duly approved in accordance with
this Regulation, or because a part not subject to any specific
requirements under type-approval legislation presents a serious
3. The
Commission
may
adopt
implementing
acts
in
order risk to safety, public health or environmental protection, that
to lay down a template and numbering system for the certificate
manufacturer shall immediately inform the approval authority
referred to in the third subparagraph of paragraph 2 of this
that granted the vehicle approval.
Article. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 69(2).
2. Where
a
manufacturer
of
systems,
components
or
4. The
manufacturer
shall
inform
without
delay
the
approval separate technical units, who has been granted an EU type-
authority that gave the authorisation of any change affecting the
approval is obliged, in accordance with Regulation (EC) No
conditions under which it was issued. That approval authority
765/2008, to recall systems, components or separate technical
shall decide whether the authorisation has to be reviewed or
units which have been placed on the market or for which the
reissued and whether further tests are necessary.
manufacturer was responsible for the entry into service, because
they present a serious risk to safety, occupational safety, public
health or environmental protection, whether or not duly
approved in accordance with this Regulation, the manufacturer
The manufacturer shall be responsible for ensuring that the
shall immediately inform the approval authority that granted
parts or equipment are produced and continue to be
the approval.
produced under the conditions under which the authorisation
was issued.
3. The
manufacturer
shall
propose
to
the
approval
authority
5. Before
delivering
any
authorisation,
the
approval
authority a set of appropriate remedies to neutralise the serious risk
shall verify the existence of satisfactory arrangements and
referred to in paragraphs 1 and 2. The approval authority
procedures for ensuring effective control of the conformity of
shall communicate the proposed remedies to the approval auth
production.
orities of the other Member States without delay.
Where the approval authority finds that the conditions for
issuing the authorisation are no longer fulfilled, it shall
The approval authorities shall ensure that the remedies are effec
request the manufacturer to take the necessary measures to
tively implemented in their respective Member States.
ensure that the parts or equipment are brought back into
conformity. If necessary, it shall withdraw the authorisation.
4. If
the
remedies
are
considered
to
be
insufficient
or
not
6. Approval
authorities
from
different
Member
States
shall implemented quickly enough by the approval authority
bring any disagreement in relation to the authorisation referred
concerned, it shall inform the approval authority that granted
to in the second subparagraph of paragraph 2 to the attention
the EU type-approval without delay.
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The approval authority that granted the EU type-approval shall
That delegated act shall specify the dates of compulsory appli
then inform the manufacturer. If the manufacturer does not
cation of the UNECE regulation or of amendments thereto and
propose and implement effective corrective measures, the
shall include transitional provisions where appropriate.
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 auth
The Commission shall adopt separate delegated acts indicating
orities of the other Member States and the Commission by
the mandatory application of UNECE regulations.
registered letter or equivalent electronic means.
Article 50
Article 48
Recognition of OECD test reports for the purpose of EU
Notification of decisions and remedies available
type-approval
1. All
decisions
taken
pursuant
to
this
Regulation
and
all 1. Without
prejudice
to
the
other
requirements
of
this
Regu
decisions refusing or withdrawing EU type-approval, or
lation, where reference to OECD Codes is made in this Regu
refusing registration, prohibiting or restricting the placing on
lation, EU type-approval may be based on the complete test
the market, registration or entry into service of a vehicle or
report issued on the basis of the OECD standard Codes as an
requiring withdrawal of a vehicle from the market, shall state
alternative to the test reports drawn up under this Regulation or
in detail the reasons on which they are based.
the delegated acts adopted pursuant to this Regulation.
2. Any
such
decision
shall
be
notified
to
the
party
concerned
who shall, at the same time, be informed of the remedies
2. In
order
to
be
acceptable
for
the
purposes
of
EU
type-
available to it under the laws in force in the Member State
approval, the OECD test report referred to in paragraph 1 must
concerned and of the time limits allowed for the exercise of
have been approved in accordance with Appendix 1 to the
such remedies.
Decision of the OECD Council of February 2012 revising the
OECD standard Codes for the official testing of agricultural and
forestry tractors, as amended.
CHAPTER XIII
INTERNATIONAL REGULATIONS
CHAPTER XIV
Article 49
PROVISION OF TECHNICAL INFORMATION
UNECE regulations required for EU type-approval
Article 51
1. UNECE
regulations
or
amendments
thereto
which
the
Union has voted in favour of or to which the Union has
Information intended for users
acceded and which are listed in Annex I to this Regulation or
1. The manufacturer may not supply any technical
in the delegated acts adopted pursuant to this Regulation shall
information related to the particulars provided for in this Regu
be part of the requirements for the EU type-approval of a
lation, or in the delegated or implementing acts adopted
vehicle.
pursuant to this Regulation, which diverges from the particulars
approved by the approval authority.
2. The
approval
authorities
of
the
Member
States
shall
accept
approvals granted in accordance with the UNECE regulations
referred to in paragraph 1 and, where applicable, the relevant
2. Where
a
delegated
or
implementing
act
adopted
pursuant
approval marks, in place of the corresponding approvals and
to this Regulation so provides, the manufacturer shall make
approval marks granted in accordance with this Regulation and
available to users all relevant information and necessary
the delegated acts adopted pursuant to this Regulation.
instructions describing any special conditions or restrictions
linked to the use of a vehicle, a system, component or a
separate technical unit.
3. Where
the
Union
has
voted
in
favour
of
a
UNECE
regu
lation or amendments thereto for the purpose of EU vehicle
type-approval, the Commission shall adopt a delegated act in
3. The
information
referred
to
in
paragraph
2
shall
be
accordance with Article 71 in order to make the UNECE regu
supplied in the official language or languages of the Member
lation or amendments thereto compulsory and to amend Annex
State where the vehicle is to be placed on the market, registered
I to this Regulation or to amend the delegated acts adopted
or is to be entered into service. It shall be provided, after
pursuant to this Regulation, as appropriate.
acceptance by the approval authority, in the owner’s manual.
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Article 52
Manufacturers shall provide access on a non-discriminatory
basis to training material and relevant working tools to auth
Information intended for manufacturers of components or
orised dealers, repairers and independent operators. Such access
separate technical units
shall include, where applicable, adequate training with regard to
1. The
vehicle
manufacturer
shall
make
available
to
the the download of software, diagnostic trouble codes
manufacturers of components or separate technical units all
management and the use of working tools.
particulars which are necessary for EU type-approval of
components or separate technical units, or to obtain an auth
orisation under Article 45 including, where applicable, drawings
3. Without
prejudice
to
paragraph
1,
the
information
referred to in the delegated and implementing acts adopted
referred to there shall include:
pursuant to this Regulation.
(a) the tractor type and model;
The vehicle manufacturer may impose a binding agreement on
the manufacturers of components or separate technical units to
(b) an unequivocal vehicle identification number;
protect the confidentiality of any information which is not in
the public domain, including information related to intellectual
property rights.
(c) service handbooks including repair and maintenance records
and service schedules;
2. The
manufacturer
of
components
or
separate
technical (d) technical manuals and technical service bulletins;
units, in its capacity as the holder of an EU type-approval
certificate which, in accordance with Article 26(4), includes
restrictions on use or special mounting conditions or both,
(e) component and diagnosis information (such as minimum
shall provide all the detailed information thereon to the
and maximum theoretical values for measurements);
vehicle manufacturer.
(f) wiring diagrams;
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
(g) diagnostic trouble codes, including manufacturer specific
technical units produced, instructions regarding restrictions on
codes;
use or special mounting conditions or both.
(h) all information needed to install new or updated software
on a new vehicle or vehicle type (for instance software part
CHAPTER XV
number);
ACCESS TO REPAIR AND MAINTENANCE INFORMATION
Article 53
(i) information concerning, and delivered by means of,
proprietary tools and equipment;
Manufacturers’ obligations
1. Manufacturers
shall
provide
non-discriminatory
access
to
(j) data record information, test data and any other technical
vehicle repair and maintenance information to authorised
information (such as two-directional monitoring data, if
dealers, repairers and independent operators through websites
applicable to the technology used);
using a standardised format in a readily accessible and prompt
manner. This obligation shall not apply if a vehicle has been
approved as a small series vehicle.
(k) standard work units or time periods for repair and main
tenance tasks if made available, either directly or through a
third party, to manufacturers’ authorised dealers and
Software critical to the correct functioning of the safety and
repairers.
environmental control system may be protected against unauth
orised manipulations. However, any manipulation of those
systems necessary for repair and maintenance or accessible to
4. Authorised
dealers
or
repairers
within
the
distribution
authorised dealers or repairers shall also be made accessible to
system of a given vehicle manufacturer shall be regarded as
independent operators in a non-discriminatory manner.
independent operators for the purposes of this Regulation to
the extent that they provide repair or maintenance services for
vehicles in respect of which they are not members of the vehicle
manufacturer’s distribution system.
2. Until the Commission has adopted a standardised format
for the provision of the information referred to in paragraph 1,
that information shall be made available in a consistent manner
5. The
vehicle
repair
and
maintenance
information
shall
that can be processed by independent operators with reasonable
always be available, except as required for maintenance
effort.
purposes of the information system.
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6. For the purposes of manufacture and servicing of OBD-
12. The
Commission
shall
be
empowered
to
adopt
delegated
compatible replacement or service parts and diagnostic tools
acts in accordance with Article 71 laying down the details of
and test equipment, manufacturers shall provide the relevant
the requirements with regard to access to repair and main
OBD and vehicle repair and maintenance information on a
tenance information, in particular technical specifications
non-discriminatory basis to any interested manufacturer or
relating to the way in which vehicle repair and maintenance
repairer of component, diagnostic tool or test equipment.
information shall be provided.
7. For the purposes of design and manufacture of auto
motive equipment for alternative-fuel vehicles, manufacturers
13. The
Commission
shall,
by
means
of
the
delegated
acts
shall provide the relevant OBD and vehicle repair and main
referred to in paragraph 12, adapt the information requirements
tenance information on a non-discriminatory basis to any
laid down in this Article, including the technical specifications
interested manufacturer, installer or repairer of equipment for
relating to the way in which information is to be provided, in
alternative-fuel vehicles.
order to be proportionate having regard in particular to the
specific case of manufacturer’s relatively small production
volume of the vehicle type concerned, taking into account the
limits for small series vehicles as set out in Annex II. In duly
justified cases, such adaptation may result in an exemption from
8. When
applying
for
EU
type-approval
or
national
type- the requirement to supply the information in a standardised
approval, the manufacturer shall provide the approval
format. A possible adaptation or exemption shall in any event
authority with proof of compliance with this Regulation
ensure that the objectives of this Article can be achieved.
relating to the information required under this Article.
In the event that such information is not available, or does not
Article 54
conform to this Regulation and the delegated and implementing
Obligations with regard to several type-approval holders
acts adopted pursuant to this Regulation which are applicable
when applying for EU type-approval or national type-approval,
In the event of step-by-step type-approval, mixed type-approval
the manufacturer shall provide it within six months from the
and multi-stage type-approval, the manufacturer responsible for
date of approval.
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 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 imple
menting act shall be adopted in accordance with the exam
The final manufacturer shall be responsible for providing
ination procedure referred to in Article 69(2).
information about the whole vehicle to independent operators.
9. If
such
proof
of
compliance
is
not
provided
within
the
period referred to in the second subparagraph of paragraph 8,
Article 55
the approval authority shall take appropriate measures to ensure
Fees for access to vehicle repair and maintenance
compliance.
information
1. Manufacturers
may
charge
reasonable
and
proportionate
fees for access to vehicle repair and maintenance information,
working tools and training courses covered by this Regulation.
10. The
manufacturer
shall
make
subsequent
amendments A fee shall not be considered reasonable or proportionate if it
and supplements to vehicle repair and maintenance information
discourages access by failing to take into account the extent to
available on its websites at the same time they are made
which the independent operator uses it.
available to authorised repairers.
11. Where
repair
and
maintenance
records
of
a
vehicle
are 2. Manufacturers shall make available vehicle repair and
kept in a central database of the vehicle manufacturer or on its
maintenance information on a daily, monthly, and yearly
behalf, independent repairers shall have access to such records
basis, with fees for access to such information varying in
free of charge and shall be able to enter information on repair
accordance with the respective periods of time for which
and maintenance which they have performed.
access is granted.
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Article 56
shall not be the designer, manufacturer, supplier or maintainer
of the vehicles, systems, components or separate technical units
Forum on Access to Vehicle Information
which they assess, nor represent parties engaged in those activ
The scope of application of the activities carried out by the
ities. This shall not preclude the use of assessed vehicles,
Forum on Access to Vehicle Information established in
systems, components or separate technical units referred to in
accordance with Article 13(9) of Commission Regulation (EC)
paragraph 3 of this Article that are necessary for the operation
No 692/2008 of 18 July 2008 implementing and amending
of the technical service or the use of such vehicles, systems,
Regulation (EC) No 715/2007 of the European Parliament
components or separate technical units for personal purposes.
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 (
A technical service shall ensure that the activities of its
1 ) shall be extended to the
vehicles covered by this Regulation.
subsidiaries or subcontractors do not affect the confidentiality,
objectivity or impartiality of the categories of activities for
which it has been designated.
On the basis of evidence of deliberate or unintentional misuse
of vehicle OBD and vehicle repair and maintenance information,
5. A
technical
service
and
its
personnel
shall
carry
out
the
the Forum referred to in the first paragraph shall advise the
categories of activities for which it has been designated with the
Commission on measures to prevent such misuse of
highest degree of professional integrity and the requisite
information.
technical competence in the specific field and shall be free
from all pressures and inducements, particularly financial,
which might influence their judgment or the results of their
assessment activities, especially such pressures or inducements
CHAPTER XVI
emanating from persons or groups of persons with an interest
DESIGNATION AND NOTIFICATION OF TECHNICAL SERVICES
in the results of those activities.
Article 57
Requirements relating to technical services
6. A
technical
service
shall
be
capable
of
carrying
out
all
the
1. Designating
approval
authorities
shall
ensure
that
before categories of activities for which it has been designated in
they designate a technical service pursuant to Article 59, that
accordance with Article 59(1), by demonstrating to the satis
technical service meets the requirements laid down in para
faction of its designating approval authority, that it has:
graphs 2 to 9 of this Article.
(a) personnel with appropriate skills, specific technical
knowledge and vocational training as well as sufficient
2. Without
prejudice
to
Article
60(1),
a
technical
service
and appropriate experience to perform the task;
shall be established under the national law of a Member State
and have legal personality.
(b) descriptions of the procedures relevant for the categories of
activities for which it is seeking to be designated, ensuring
3. A
technical
service
shall
be
a
third-party
body
inde
the transparency and reproducibility of those procedures;
pendent of the process of design, manufacturing, supply or
maintenance of the vehicle, system, component or separate
technical unit it assesses.
(c) 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 tech
A body belonging to a business association or professional
nology of the vehicle, system, component or separate
federation representing undertakings involved in the design,
technical unit in question, and the mass or serial nature
manufacturing, provision, assembly, use or maintenance of
of the production process; and
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
(d) means necessary to perform in an appropriate manner the
demonstrated, be considered as fulfilling the requirements of the
tasks connected with the categories of activities for which it
first subparagraph.
is seeking to be designated and that it has access to all
necessary equipment or facilities.
4. A
technical
service,
its
top-level
management
and
the
personnel responsible for carrying out the categories of activities
In addition, it shall demonstrate to the designating approval
for which they are designated in accordance with Article 59(1)
authority its compliance with the standards laid down in the
delegated acts adopted pursuant to Article 61 which are
( 1 ) OJ L 199, 28.7.2008, p. 1.
relevant for the categories of activities for which it is designated.
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7. The
impartiality
of
the
technical
services,
their
top-level (b) category B: technical services which supervise the tests
management and the assessment personnel shall be guaranteed.
referred to in this Regulation and in the acts listed in
They shall not engage in any activity that may conflict with
Annex I, where such tests are performed in the manufac
their independence of judgment or integrity in relation to the
turer’s facilities or in the facilities of a third party;
categories of activities for which they are designated.
8. Technical
services
shall
take
out
liability
insurance
related (c) category C: technical services which assess and monitor on
to their activities unless liability is assumed by the Member State
a regular basis the manufacturer’s procedures for controlling
in accordance with national law, or the Member State itself is
conformity of production;
directly responsible for the conformity assessment.
(d) category D: technical services which supervise or perform
9. The
personnel
of
a
technical
service
shall
observe
profes
tests or inspections for the surveillance of conformity of
sional secrecy with regard to all information obtained in
production.
carrying out their tasks under this Regulation or any
provision of national law giving effect to it, except in relation
to the designating approval authority or where required by
Union or national law. Proprietary rights shall be protected.
2. An approval authority may be designated as a
technical service for one or more of the activities referred to
in paragraph 1.
Article 58
Subsidiaries of and subcontracting by technical services
1. Technical
services
may
subcontract
some
of
their
activities 3. Technical
services
of
a
third
country,
other
than
those
for which they have been designated in accordance with
designated in accordance with Article 60, may be notified for
Article 59(1) or have those activities carried out by a subsidiary
the purposes of Article 63, but only if such an acceptance of
only with the agreement of their designating approval authority.
technical services is provided for by a bilateral agreement
between the Union and the third country concerned. This
shall not prevent a technical service established under the
2. Where
a
technical
service
subcontracts
specific
tasks national law of a Member State in accordance with Article 57(2)
connected with the categories of activities for which it has
from establishing subsidiaries in third countries, provided that
been designated or has recourse to a subsidiary, it shall
the subsidiaries are directly managed and controlled by the
ensure that the subcontractor or the subsidiary meet the
designated technical service.
requirements set out in Article 57 and shall inform the desig
nating approval authority accordingly.
Article 60
3. Technical
services
shall
take
full
responsibility
for
the
tasks Accredited in-house technical services of the manufacturer
performed by any of their subcontractors or subsidiaries,
wherever these are established.
1. An
accredited
in-house
technical
service
of
a
manufacturer
may be designated only for category A activities with regard to
technical requirements for which self-testing is allowed by a
delegated act adopted pursuant to this Regulation. That
4. Technical
services
shall
keep
at
the
disposal
of
the
desig
technical service shall constitute a separate and distinct part
nating approval authority the relevant documents concerning
of the undertaking and shall not be involved in the design,
the assessment of the qualifications of the subcontractor or
manufacturing, supply or maintenance of the vehicles,
the subsidiary and the tasks performed by them.
systems, components or separate technical units it assesses.
Article 59
2. An
accredited
in-house
technical
service
shall
meet
the
Designation of technical services
following requirements:
1. Technical
services
shall
be
designated
for
one
or
more
of
the following categories of activities, depending on their field of
competence:
(a) in addition to being designated by the approval authority of
a Member State it shall be accredited by a national accredi
tation body as defined in point 11 of Article 2 of Regu
(a) category A: technical services which carry out in their own
lation (EC) No 765/2008 and in accordance with the
facilities the tests referred to in this Regulation and in the
standards and procedure referred to in Article 61 of this
acts listed in Annex I;
Regulation;
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(b) the accredited in-house technical service and its personnel
accreditation body attesting that the technical service fulfils the
shall be organisationally identifiable and have reporting
requirements of this Regulation, the designating approval
methods within the undertaking of which they form part
authority shall provide the Commission with documentary
which ensure their impartiality and demonstrate it to the
evidence which attests the technical service’s competence and
relevant national accreditation body;
the arrangements in place to ensure that the technical service is
monitored regularly by the designating approval authority and
satisfies the requirements of this Regulation and the delegated
acts adopted pursuant to this Regulation.
(c) 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
4. The
approval
authority
that
intends
to
be
designated
as
a
designated;
technical service in accordance with Article 59(2) shall
document compliance through an assessment conducted by
auditors independent of the activity being assessed. Such
auditors may be from the same organisation provided that
(d) the accredited in-house technical service shall supply its
they are managed separately from personnel undertaking the
services exclusively to the undertaking of which it forms
assessed activity.
part.
5. An
accredited
in-house
technical
service
shall
comply
with
3. An
accredited
in-house
technical
service
need
not
be the relevant provisions of this Article.
notified to the Commission for the purposes of Article 63,
but information concerning its accreditation shall be given by
the undertaking of which it forms part or by the national
Article 63
accreditation body to the designating approval authority at
the request of that authority.
Procedures for notification
1. Member States shall notify to the Commission the name,
the address including electronic address, the responsible persons
Article 61
and the category of activities with respect to each technical
service they have designated, as well as any subsequent modifi
Procedures for performance standards and assessment of
cations to those designations. The notification act shall state for
technical services
which subjects listed in Annex I the technical services have been
In order to ensure that technical services meet the same high
designated.
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
2. A
technical
service
may
conduct
the
activities
referred
to
which the technical services have to comply and the
in Article 59(1) on behalf of the designating approval authority
procedure for their assessment in accordance with Article 62
responsible for the type-approval only if it has been notified
and their accreditation in accordance with Article 60.
beforehand to the Commission in accordance with paragraph 1
of this Article.
Article 62
3. The
same
technical
service
may
be
designated
by
several
Assessment of the skills of the technical services
designating approval authorities and notified by the Member
1. The
designating
approval
authority
shall
draw
up
an States of these designating approval authorities irrespective of
assessment report demonstrating that the candidate technical
the category or categories of activities it will conduct in
service has been assessed for its compliance with the
accordance with Article 59(1).
requirements of this Regulation and the delegated acts
adopted pursuant to this Regulation. That report may include
a certificate of accreditation issued by an accreditation body.
4. The
Commission
shall
be
notified
of
any
subsequent
relevant changes to the designation.
2. The
assessment
on
which
the
report
referred
to
in
paragraph 1 is based shall be conducted in accordance with
5. Where
a
specific
organisation
or
competent
body
carrying
the provisions laid down in a delegated act adopted pursuant
out an activity not included in those referred to in Article 59(1),
to Article 61. The assessment report shall be reviewed at least
needs to be designated in application of an act listed in Annex I,
every three years.
the notification shall be made in accordance with this Article.
3. The
assessment
report
shall
be
communicated
to
the 6. The
Commission
shall
publish
on
its
website
a
list
and
Commission upon request. In such cases, where the assessment
details of the technical services notified in accordance with this
is not based on an accreditation certificate issued by a national
Article.
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Article 64
Technical services shall supervise or shall themselves carry out
the tests required for approval or inspections as set out in this
Changes to designations
Regulation or in one of the acts listed in Annex I, except where
1. Where a designating approval authority has ascertained or
alternative procedures are permitted. The technical services shall
has been informed that a technical service designated by it no
not conduct tests, assessments or inspections for which they
longer meets the requirements laid down in this Regulation, or
have not been duly designated by their approval authority.
that it is failing to fulfil its obligations, the designating approval
authority shall restrict, suspend or withdraw the designation as
appropriate, depending on the seriousness of the failure to meet
2. Technical
services
shall
at
all
times:
those requirements or fulfil those obligations. The Member State
that has notified this technical service shall immediately inform
the Commission accordingly. The Commission shall modify the
(a) allow their designating approval authority to witness the
information published referred to in Article 63(6) accordingly.
technical service during the conformity assessment as
appropriate; and
2. In
the
event
of
restriction,
suspension
or
withdrawal
of (b) without prejudice to Article 57(9) and Article 67, provide
the designation, or where the technical service has ceased its
their designating approval authority such information on
activity, the designating approval authority shall take appro
their categories of activities falling under the scope of this
priate steps to ensure that the files of that technical service
Regulation as may be requested.
are either processed by another technical service or kept
available for the designating approval authority or for the
market surveillance authorities at their request.
3. Where
a
technical
service
finds
that
requirements
laid
down in this Regulation have not been met by a manufacturer,
it shall report this to the designating approval authority with a
Article 65
view for the designating approval authority requiring the manu
facturer to take appropriate corrective measures and
Challenge to the competence of technical services
subsequently not to issue a type-approval certificate unless the
appropriate corrective measures have been taken to the satis
1. The
Commission
shall
investigate
all
cases
where
it
has faction of the approval authority.
doubts, or doubt is brought to its attention, regarding the
competence of a technical service or the continued fulfilment
by a technical service of the requirements and responsibilities to
4. Where,
in
the
course
of
monitoring
conformity
of
which it is subject.
production following the issue of a type-approval certificate, a
technical service acting on behalf of the designating approval
authority finds that a vehicle, system, component or separate
2. The
Member
State
of
the
designating
approval
authority technical unit no longer complies with this Regulation, it shall
shall provide the Commission, on request, with all information
report this to the designating approval authority. The approval
relating to the basis for the designation or the maintenance of
authority shall take the appropriate measures as provided for in
the designation of the technical service concerned.
Article 28.
Article 67
3. The
Commission
shall
ensure
that
all
sensitive
information
obtained in the course of its investigations is treated confiden
Information obligations of technical services
tially.
1. Technical
services
shall
inform
their
designating
approval
authority of the following:
4. Where
the
Commission
ascertains
that
a
technical
service
does not meet or no longer meets the requirements for its
(a) any non-conformity encountered which may require a
designation, it shall inform the Member State of the designating
refusal, restriction, suspension or withdrawal of a type-
approval authority accordingly, with a view to establishing, in
approval certificate;
cooperation with that Member State, the corrective measures
necessary, and shall request that Member State to take those
corrective measures, including the withdrawal of the designation
(b) any circumstances affecting the scope of and conditions for
if necessary.
their designation;
(c) any request for information which they have received from
Article 66
market surveillance authorities regarding their activities.
Operational obligations of technical services
1. Technical
services
shall
carry
out
the
categories
of 2. On
request
from
their
designating
approval
authority,
activities for which they have been designated on behalf of
technical services shall provide information on the activities
the designating approval authority and in accordance with the
within the scope of their designation and on any other
assessment and test procedures provided for in this Regulation
activity performed, including cross-border activities and subcon
and the acts listed in Annex I.
tracting.
EN
2.3.2013 Official
Journal
of
the
European
Union L
60/37
CHAPTER XVII
(n) the template for the certificate providing proof of
compliance to the approval authority as referred to in
IMPLEMENTING ACTS AND DELEGATED ACTS
Article 53(8).
Article 68
Implementing acts
Article 69
For the purposes of achieving the objectives of this Regulation
Committee procedure
and in order to lay down uniform conditions for the imple
mentation of this Regulation, the Commission shall, in
1. The
Commission
shall
be
assisted
by
the
‘Technical
accordance with the examination procedure referred to in
Committee — Agricultural Vehicles’ (TC-AV). That committee
Article 69(2), adopt implementing acts laying down the
is a committee within the meaning of Regulation (EU)
following implementing measures:
No 182/2011.
(a) templates for the information document and for the
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
information folder referred to in Article 22;
Regulation (EU) No 182/2011 shall apply.
(b) the numbering system of EU type-approval certificates
Where the committee delivers no opinion, the Commission
referred to in Article 24(4);
shall not adopt the draft implementing act and the third
subparagraph of Article 5(4) of Regulation (EU) No 182/2011
(c) the template for the EU type-approval certificate referred to
shall apply.
in Article 25(2);
Article 70
(d) the template for the test results sheet appended to the EU
Amendment of the Annexes
type-approval certificate referred to in point (a) of
Article 25(3);
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
(e) the template for the list of applicable requirements or acts
with Article 71 concerning amendments to Annex I in order to
referred to in Article 25(6);
introduce regulatory act references and to take corrigenda into
account.
(f) the general requirements for the format of test report
referred to in Article 27(1);
Article 71
Exercise of the delegation
(g) the template for the certificate of conformity referred to in
Article 33(2);
1. The
power
to
adopt
the
delegated
acts
is
conferred
on
the
Commission subject to the conditions laid down in this Article.
(h) the model for the EU type-approval mark referred to in
Article 34;
2. The power to adopt delegated acts referred to in
Article 17(5), Article 18(4), Article 19(6), Article 20(8),
Article 27(6), Article 28(6), Article 45(4), Article 49(3),
(i) the authorisations to grant EU type-approvals exempting
Article 53(12), Article 61 and Article 70 shall be conferred
new technologies or new concepts referred to in
on the Commission for a period of five years from 22 March
Article 35(3);
2013.
(j) the templates for the type-approval certificate and the
3. The
delegation
of
power
referred
to
in
Article
17(5),
certificate of conformity as regards new technologies or
Article 18(4), Article 19(6), Article 20(8), Article 27(6),
new concepts referred to in Article 35(4);
Article 28(6), Article 45(4), Article 49(3), Article 53(12),
Article 61 and Article 70 may be revoked at any time by the
(k) the authorisations to Member States to extend the type-
European Parliament or by the Council. A decision to revoke
approval referred to in Article 36(2);
shall put an end to the delegation of the power specified in that
decision. It shall take effect the day following the publication of
the decision in the Official Journal of the European Union or at a
(l) the list of parts or equipment as referred to in
later date specified therein. It shall not affect the validity of any
Article 45(2);
delegated acts already in force.
(m) the template and the numbering system for the certificate
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
referred to in Article 46(3) as well as all aspects relating to
notify it simultaneously to the European Parliament and to the
the procedure of authorisation referred to in that Article;
Council.
L 60/38
EN
Official Journal of the European Union
2.3.2013
5. A
delegated
act
adopted
pursuant
to
Article
17(5), granted to vehicles or to systems, components or separate
Article 18(4), Article 19(6), Article 20(8), Article 27(6),
technical units before 1 January 2016.
Article 28(6), Article 45(4), Article 49(3), Article 53(12),
Article 61 and Article 70 shall enter into force only if no
objection has been expressed either by the European Parliament
2. Approval
authorities
shall
continue
to
grant
extension
of
or the Council within a period of two months of notification of
approvals to the vehicles, systems, components or separate
that act to the European Parliament and the Council or if,
technical units referred to in paragraph 1 in accordance with
before the expiry of that period, the European Parliament and
Directive 2003/37/EC and any of the directives listed in
the Council have both informed the Commission that they will
Article 76(1). However, such approvals shall not be used for
not object. That period shall be extended by two months at the
the purposes of obtaining a whole-vehicle type-approval under
initiative of the European Parliament or of the Council.
this Regulation.
CHAPTER XVIII
3. By
way
of
derogation
from
this
Regulation,
new
systems,
components, separate technical units or vehicles of types which
FINAL PROVISIONS
received whole-vehicle type-approval pursuant to Directive
Article 72
2003/37/EC may continue to be registered, placed on the
market or enter into service until 31 December 2017. New
Penalties
vehicles of types which were not subject to type-approval
1. Member States shall provide for penalties for infringement
under Directive 2003/37/EC may also continue to be registered
by economic operators of this Regulation and the delegated or
or enter into service by that date in accordance with the law of
implementing acts adopted pursuant to this Regulation. They
the Member State of entry into service or registration.
shall take all measures necessary to ensure that the penalties are
implemented. The penalties provided for shall be effective,
proportionate and dissuasive. Member States shall notify those
In such a case, national authorities shall not prohibit, restrict or
provisions to the Commission by 23 March 2015 and shall
impede the registration, placing on the market or entry into
notify the Commission without delay of any subsequent
service of vehicles complying with the approved type.
amendment affecting them.
Article 74
2. The
types
of
infringements
which
are
subject
to
a
penalty
shall include:
Report
1. By
31
December
2019,
Member
States
shall
inform
the
Commission of the application of the type-approval procedures
(a) making false declarations during approval procedures or
laid down in this Regulation.
procedures leading to a recall;
2. On the basis of the information supplied under paragraph
(b) falsifying test results for type-approval or in-service
1, the Commission shall present a report to the European
conformity;
Parliament and the Council on the application of this Regu
lation by 31 December 2020.
(c) withholding data or technical specifications which could
lead to recall, refusal or withdrawal of type-approval;
Article 75
Review
1. By
31
December
2022,
the
Commission
shall
submit
a
(d) use of defeat devices;
report to the European Parliament and to the Council regarding
the subjects referred to in paragraph 3.
(e) refusal to provide access to information;
2. The
report
shall
be
based
on
a
consultation
of
relevant
stakeholders and shall take into account existing related
(f) economic operators making available on the market
European and international standards.
vehicles, systems, components or separate technical units
subject to approval without such approval or falsifying
documents or markings with that intention.
3. By
31
December
2021
the
Member
States
shall
report
to
the Commission on:
Article 73
Transitional provisions
(a) the number of individual approvals granted to vehicles
covered by this Regulation before their first registration
1. Without
prejudice
to
other
provisions
of
this
Regulation,
per year by the national authorities of that Member State
this Regulation shall not invalidate any EU type-approval
since 1 January 2016;
EN
2.3.2013 Official
Journal
of
the
European
Union L
60/39
(b) the national criteria upon which such approvals were based
Article 77
insofar as these criteria deviated from the requirements
obligatory for EU type-approval.
Amendment to Directive 2006/42/EC
The first indent of point (e) of Article 1(2) of Directive
4. The
report
shall
be
accompanied,
where
appropriate,
by 2006/42/EC is replaced by the following:
legislative proposals, and shall examine the inclusion of indi
vidual approvals in this Regulation on the basis of harmonised
‘— agricultural and forestry tractors, with the exclusion of
requirements.
machinery mounted on those vehicles,’.
Article 76
Article 78
Repeal
Entry into force and application
1. Without
prejudice
to
Article
73(2)
of
this
Regulation,
Directive 2003/37/EC as well as Directives 74/347/EEC,
1.
This Regulation shall enter into force on the twentieth day
76/432/EEC, 76/763/EEC, 77/537/EEC, 78/764/EEC, following that of its publication in the Official Journal of the
80/720/EEC, 86/297/EEC, 86/298/EEC, 86/415/EEC, European Union.
87/402/EEC, 2000/25/EC, 2009/57/EC, 2009/58/EC,
2009/59/EC, 2009/60/EC, 2009/61/EC, 2009/63/EC, 2. It
shall
apply
from
1
January
2016.
2009/64/EC, 2009/66/EC, 2009/68/EC, 2009/75/EC,
2009/76/EC and 2009/144/EC shall be repealed with effect
From 22 March 2013, national authorities shall not refuse to
from 1 January 2016.
grant EU type-approval or national type-approval for a new
type of vehicle, or prohibit registration, placing on the market
2. References
to
the
repealed
Directives
shall
be
construed
as or entry into service of a new vehicle where the vehicle
references to this Regulation and shall be read, as regards
concerned complies with this Regulation and the delegated
Directive 2003/37/EC, in accordance with the correlation
and implementing acts adopted pursuant to this Regulation, if
table set out in Annex III.
a manufacturer so requests.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 5 February 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON
L 60/40
ANNEX I
LIST OF REQUIREMENTS FOR THE PURPOSES OF VEHICLE EU TYPE-APPROVAL
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles
EN
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 RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
X
X
X
X
integrity
2 17(2)(b) Maximum
design RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
speed, speed
Off
governor and speed
icial
limitation devices
Jour
nal
of
3 17(2)(b) Braking
devices
and
RVBR
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
the
trailer brake
European
coupling
Union
4 17(2)(b) Steering
for
fast RVFSR (based on ECE 79
Y NA
X NA
X NA
X NA
X NA
X NA
X NA
I NA NA NA NA
tractors
REV [new number])
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
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 RVFSR (based on ECE 71
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
2.3.2013
windscreen wipers
REV. 1)
2.3.2013 Off
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
8 17(2)(c) Glazing RVFSR
(based
on
ECE
43
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
EN
Rev2 Am3 Sup11)
9 17(2)(c) Rear-view
mirrors RVFSR
Y
X
X
X
X NA
X
X
X
X
X
X
X
I
I NA NA NA NA
10 17(2)(c) Driver
information RVFSR
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
systems
icial
Jour
nal
of
11 17(2)(d) Lighting,
light
RVFSR (based on
Y
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
the
signalling devices
ECE 3 Rev3 Am1 Sup11;
and their light
ECE 4 Rev4 Sup14;
European
sources
ECE 5 Supplement 7 to
the 02 series of
amendments; ECE 6 Rev4
Sup17; ECE 7 Rev4
Union
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
L
the Regulation;)
60/41
L 60/42
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
12 17(2)(d) Lighting
installation RVFSR
(based
on
ECE
86
X
X
X
X
X
X
X
X
X
X
X
X
I
I
X
X
X
X
Am [new number])
EN
13 17(2)(e) Vehicle
occupant RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
protection,
including interior
fittings, head
restraint, seat belts,
vehicle doors
Off
icial
Jour
14 17(2)(f) Vehicle
exterior
and
RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
nal
accessories
of
the
European
15 17(2)(g) Electro-magnetic RVFSR
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
compatibility
Union
16 17(2)(h) Audible
warning RVFSR
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
device
17 17(2)(i) Heating
systems RVFSR
Y
X
X
X
X
X NA
X
X
X
X
X
X
I
I NA NA NA NA
18 17(2)(j) Devices
to
prevent
RVFSR Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I
Z
Z
X
X
unauthorised use
(only
for T-
and C-
categ
2.3.2013
ories)
2.3.2013 Off
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
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
EN
20 17(2)(k) Statutory
plate
and RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
X
X
X
X
marking
21 17(2)(l) Dimensions
and RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
X
X
X
X
trailer mass
icial
Jour
nal
22 17(2)(l) Maximum
laden RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
of
mass
the
European
23 17(2)(l) Ballast
masses RVFSR
X
X
X
X NA NA
X
X
X
X
X
X
I
I NA NA NA NA
Union
24 17(2)(m) Safety
of
electrical RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
systems
25 17(2)(a), Fuel tank RVFSR
X
X
X
X
X
X
X
X
X
X
X
X
X
X NA NA NA NA
17(2)(m),
18(2)(l)
26 17(2)(n) Rear
protective RVFSR NA NA NA NA NA NA NA NA NA NA NA NA NA NA
X
X NA NA
L
structures
60/43
L 60/44
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
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
EN
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
Off
icial
Jour
nal
30 17(2)(r) Tyres RVFSR
(based
on
ECE X
X
X
X
X
X
X
X
X
X
X
X NA NA
X
X
X
X
of
106 Am5 Sup6)
the
European
31 17(2)(s) Spray-suppression RVFSR
Y NA
X NA
X NA
X NA
X NA
X NA
X NA NA NA
X NA NA
Union
systems
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
RVFSR
X
X
X
X
X
X
X
X
X
X
X
I
I
X
X
X
X
2.3.2013
couplings
2.3.2013 Off
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
35 18(2)(a) ROPS RVCR
(test
report
X
X NA NA NA NA NA NA
X
X
X
X NA NA NA NA NA NA
alternative to the one
EN
within the application
field of OECD Code 3, as
amended)
36 18(2)(a) ROPS
(track
laid) RVCR
(test
report
NA NA NA NA NA NA NA NA NA NA NA NA
X
X NA NA NA NA
alternative to the one
within the application
field of OECD Code 8, as
amended)
icial
Jour
37 18(2)(a) ROPS
(static
RVCR (test report
X
X NA NA NA NA NA NA
X
X
X
X
X
X NA NA NA NA
nal
testing)
alternative to the one
within the application
of
field of OECD Code 4, as
the
amended)
European
38 18(2)(a) ROPS,
RVCR (test report
NA NA
X
X
X
X NA NA NA NA
X
X NA NA NA NA NA NA
Union
Front-mounted
alternative to the one
(narrow-track
within the application
tractors)
field of OECD Code 6, as
amended)
39 18(2)(a) ROPS,
RVCR (test report
NA NA
X
X
X
X NA NA NA NA
X
X NA NA NA NA NA NA
Rear-mounted
alternative to the one
(narrow-track
within the application
tractors)
field of OECD Code 7, as
amended)
40 18(2)(b) FOPS,
Falling
RVCR (test report
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
Objects Protection
alternative to the one
Structure
within the application
L
field of OECD Code 10,
60/45
as amended)
L 60/46
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
41 18(2)(c) Passenger
seats RVCR
X
X NA NA
X
X
X
X
X
X
X
X
I
I NA NA NA NA
EN
42 18(2)(d) Driver’s
exposure
to
RVCR
X
X
X
X
X
X
X
X
X
X
X
X
X
X NA NA NA NA
noise level
43 18(2)(e) Driving
seat
and RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
position
Off
icial
Jour
nal
44 18(2)(f) Operating
space, RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
access to the
of
driving position
the
European
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
Union
46 18(2)(h) Protection
of
drive RVCR
X
X
X
X
X
X
X
X
X
X
X
X
X
X NA NA NA NA
components
47 18(2)(i) Seat-belt
RVCR (test report
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
anchorages
alternative to the one
within the application
field of OECD Codes 3,
4, 6, 7, 8, as amended)
2.3.2013
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
2.3.2013 Off
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
49 18(2)(k) OPS,
Protection RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
EN
against penetrating
objects
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
icial
51 18(2)(l), Operators manual RVCR
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
18(2)(n),
Jour
18(2)(q),
nal
18(4)
of
the
European
52 18(2)(o) Controls,
including RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
in particular
emergency and
Union
automatic stop
devices
53 18(2)(p) Protection
against RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
Z
Z
X
X
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
L
vehicle
60/47
L 60/48
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
54 18(2)(r), Guards and
RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
Z
Z
X
X
EN
18(2)(p)
protective devices
55 18(2)(l), Information,
RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I
Z
Z
X
X
18(2)(s),
warnings and
18(2)(q),
markings
18(4)
Off
icial
Jour
56 18(2)(t) Materials
and
RVCR
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
nal
products
of
the
European
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
Union
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), Cab ventilation and RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
18(4)
filtration system
60 18(4) Burning
rate
of
cab
RVCR
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
2.3.2013
material
2.3.2013 Off
Vehicle categories
Nr. Article Subject Regulatory
act
reference
Motor
vehicles 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
61 19(2)(a) Pollutant
emissions REPPR
(emission
stages
X
X
X
X X X
X
X
X
X
X
X
X
X NA NA NA NA
from 2000/25/EC and
If in
If in
97/68/EC)
the
the
EN
Direc
Direc
tive’s
tive’s
scope
scope
of
of
appli
appli
cation
cation
62 19(2)(b) Sound
level
REPPR (limit values from
Y
X
X
X
X
X
X
X
X
X
X
X
X
I
I NA NA NA NA
(external)
2009/63/EC)
Legend:
(+) = if such a subcategory is created under the category
icial
(++) = only for the subcategories corresponding to the b-indexed ones under T-category
X = applicable
Jour
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
nal
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
of
RVFSR = Regulation on Vehicle Functional Safety Requirements (delegated act)
the
RVCR = Regulation on Vehicle Construction Requirements (delegated act)
European
REPPR = Regulation on Environmental and Propulsion Performance Requirements (delegated act)
RVBR = Regulation on Vehicle Braking Requirements (delegated act)
Union
L
60/49
L 60/50
EN
Official Journal of the European Union
2.3.2013
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
EN
2.3.2013 Official
Journal
of
the
European
Union L
60/51
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 38(2)
Article 8(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
—
Document Outline
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