LeX-Ray
Approval and Market Surveillance of Agricultural and Forestry Vehicles Text with EEA Relevance Regulation
Article 1: Subject matter
This Regulation does not apply to the approval of individual vehicles. However, Member States granting such individual approvals shall accept any type-approval of vehicles, systems, components and separate technical units granted under this Regulation instead of under the relevant national provisions.
Article 2: Scope
Specifically, this Regulation shall apply to the following vehicles:
Article 3: Definitions
Article 4: Vehicle categories
Article 5: Obligations of Member States
The notification of the approval and market surveillance authorities shall include their name, address, including electronic address, and area of responsibility. The Commission shall publish on its website a list and details of the approval authorities.
Article 6: Obligations of approval authorities
Article 7: Market surveillance measures
Market surveillance authorities may require economic operators to make such documentation and information available as is deemed necessary for the purpose of carrying out their activities.
Where economic operators present certificates of conformity, market surveillance authorities shall take due account of such certificates.
Article 8: Obligations of manufacturers
Article 9: Obligations of manufacturers concerning their products that are not in conformity or that present a serious risk
The manufacturer shall immediately inform the approval authority which granted the approval, giving details, in particular, of the non-conformity and of any corrective measures taken.
Article 10: Obligations of manufacturer’s representatives concerning market surveillance
Article 11: Obligations of importers
Article 12: Obligations of importers concerning their products that are not in conformity or that present a serious risk
Article 13: Obligations of distributors
Article 14: Obligations of distributors concerning their products that are not in conformity or that present a serious risk
Article 15: Cases in which obligations of manufacturers apply to importers and distributors
Article 16: Identification of economic operators
Article 17: Requirements for the functional safety of vehicles
These detailed requirements shall be such as to increase or at least maintain the level of functional safety provided for by the Directives referred to in Article 76(1) and Article 77, and shall ensure the following:
Article 18: Requirements for occupational safety
Those detailed technical requirements shall be such as to increase or at least maintain the level of occupational safety provided for by the Directives referred to in Article 76(1) and Article 77, taking into account ergonomics (including protection against foreseeable misuse, usability of control systems, accessibility of controls to avoid their unintentional activation, adaptation of the person/vehicle interface to the foreseeable characteristics of the driver, vibrations and operator intervention), stability and fire safety.
Article 19: Requirements for environmental performance
Those specific technical requirements shall be such as to increase or at least maintain the level of environmental performance provided for by the Directives referred to in Article 76(1) and, where applicable, Article 77.
Article 20: Procedures for EU type-approval
Only the single-step type-approval procedure is applicable for the type-approval of systems, components or separate technical units.
Multi-stage type-approval shall be granted in respect of a type of incomplete or completed vehicle which conforms to the particulars in the information folder provided for in Article 22 and which meets the technical requirements laid down in the relevant acts listed in Annex I, having regard to the state of completion of the vehicle.
Article 21: Application for type-approval
Article 22: Information folder
Article 23: Specific requirements for information to be provided in the application for type-approval under different procedures
In the case of the type-approval of a system, component or separate technical unit, pursuant to the applicable acts listed in Annex I, the approval authority shall have access to the related information folder until such time as the approval is either issued or refused.
Article 24: General provisions
Article 25: Specific provisions concerning the EU type-approval certificate
Article 26: Specific provisions concerning systems, components or separate technical units
In such cases, the EU type-approval certificate shall specify any restriction on the use of the component or separate technical unit and shall indicate the special conditions for its mounting.
Where such a component or separate technical unit is fitted by the vehicle manufacturer, compliance with any applicable restrictions on use or conditions for mounting shall be verified at the time when the vehicle is approved.
Article 27: Tests required for EU type-approval
The test procedures referred to in the first subparagraph and the specific equipment and tools prescribed to perform those tests shall be those laid down in the relevant acts listed in Annex I.
The format of the test report shall comply with the general requirements as laid down by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 69(2). The first such implementing acts shall be adopted by 31 December 2014.
However, the manufacturer may select, in agreement with the approval authority, a vehicle, system, component or separate technical unit which, while not representative of the type to be approved, combines a number of the most unfavourable features with regard to the required level of performance. Virtual testing methods may be used to aid decision-making during the selection process.
Article 28: Conformity of production arrangements
Article 29: General provisions
That approval authority shall decide which of the procedures laid down in Article 30 is to be followed.
Where necessary, the approval authority may decide, after consulting the manufacturer, that a new EU type-approval is to be granted.
The procedures referred to in Article 30 shall apply only if, on the basis of those inspections or tests, the approval authority concludes that the requirements for EU type-approval continue to be fulfilled.
Article 30: Revisions and extensions of EU type-approvals
In such cases, the approval authority shall issue the revised pages of the information package as necessary, marking each revised pages to show clearly the nature of the change and the date of reissue. A consolidated, updated version of the information package, accompanied by a detailed description of the changes, shall be deemed to meet that requirement.
Article 31: Issue and notification of amendments
Article 32: Termination of validity
Within one month of receiving the notification referred to in the first subparagraph, the approval authority which granted the EU type-approval for the vehicle shall inform the approval authorities of the other Member States accordingly.
The approval authority that granted the EU type-approval shall without delay communicate all relevant information to the approval authorities of the other Member States so as to enable the application, where appropriate, of Article 39.
The communication referred to in the second subparagraph shall specify, in particular, the date of production and the vehicle identification number of the last vehicle produced.
Article 33: Certificate of conformity
Such a certificate shall be delivered free of charge to the buyer together with the vehicle. Its delivery may not be made dependent on an explicit request or the submission of additional information to the manufacturer.
For a period of 10 years after the production date of the vehicle, the vehicle manufacturer shall, at the request of the vehicle owner, issue a duplicate of the certificate of conformity against a payment not exceeding the cost of issuing it. The word ‘duplicate’ shall be clearly visible on the face of any duplicate certificate.
Article 34: Statutory plate with the appropriate marking of vehicles and type-approval mark of components or separate technical units
Where no such type-approval mark is required, the manufacturer shall affix at least the trade name or trade mark of the manufacturer, the type number or an identification number.
Article 35: Exemptions for new technologies or new concepts
The provisional nature and the limited territorial validity shall be apparent from the heading of the type-approval certificate and the heading of the certificate of conformity. The Commission may adopt implementing acts in order to provide for harmonised templates for the type-approval certificate and the certificate of conformity for the purposes of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 69(2).
However, vehicles manufactured in conformity with the provisional approval before it ceases to be valid may be placed on the market, registered or entered into service in any Member State that accepted the provisional approval.
Article 36: Subsequent adaptation of delegated and implementing acts
Where the exemption under Article 35 relates to a UNECE regulation, the Commission shall propose an amendment to the relevant UNECE regulation in accordance with the procedure applicable under the Revised 1958 Agreement.
If the necessary steps to adapt the delegated or implementing acts have not been taken, the Commission may, at the request of the Member State which granted the approval, authorise, by means of a decision in the form of an implementing act adopted in accordance with the examination procedure referred to in Article 69(2), the Member State to extend the type-approval.
Article 37: National type-approval of small series
For the national type-approval of small series, the approval authority may, if it has reasonable grounds to do so, waive one or more of the provisions of this Regulation and one or more of the provisions of one or more of the acts listed in Annex I, provided that it specifies alternative requirements.
Article 38: Making available on the market, registration or entry into service of vehicles
Where such vehicles are incomplete, making available on the market or entry into service of such vehicles is permitted, but the authorities responsible for vehicle registration of the Member States may refuse to allow the registration and use on the road of such vehicles.
Article 39: Making available on the market registration or entry into service of end-of-series vehicles
The first subparagraph shall apply only to vehicles within the territory of the Union which were covered by a valid EU type-approval at the time of their production, but which had neither been made available on the market, registered nor entered into service before that EU type-approval lost its validity.
The national authority concerned shall decide, within three months of receiving the request, whether and in what number to permit the registration of those vehicles within their territory.
Article 40: Making available on the market or entry into service of components and separate technical units
Article 41: Procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk at national level
Where, in the course of that evaluation, the approval authority that granted the approval finds that the vehicle, system, component or separate technical unit does not comply with the requirements laid down in this Regulation, it shall without delay require the relevant economic operator to take all appropriate corrective action to bring the vehicle, system, component or separate technical unit into compliance with those requirements, to withdraw the vehicle, system, component or separate technical unit from the market, or to recall it within a reasonable period, commensurate with the nature of the risk.
Article 21 of Regulation 2008/765 shall apply to the measures referred to in the second subparagraph of this paragraph.
The information provided shall include all available details, in particular the data necessary for the identification of the non-compliant vehicle, system, component or separate technical unit, its origin, the nature of the non-conformity alleged and the risk involved, the nature and duration of the national measures taken, and the arguments put forward by the relevant economic operator. In particular, the approval authorities shall indicate whether the non-conformity is due to either of the following:
Article 42: Union safeguard procedure
The Commission shall communicate its decision to all Member States and to the relevant economic operator or operators.
Article 43: Compliant vehicles, systems, components or separate technical units that present a serious risk
Article 44: Vehicles, systems, components or separate technical units not in conformity with the approved type
The approval authorities shall inform each other within one month of any withdrawal of EU type-approval and of the reasons therefor.
Article 45: Placing on the market and entry into service of parts or equipment that may pose a serious risk to the correct functioning of essential systems
Article 46: Parts or equipment that may pose a serious risk to the correct functioning of essential systems — related requirements
If so requested by the competent authority of another Member State, the approval authority which has given the authorisation shall, within one month of receiving that request, send to the former a copy of the requested authorisation certificate together with the attachments by means of a common secure electronic exchange system. The copy may also take the form of a secure electronic file.
When the approval authority is satisfied, taking account of the test report and other evidence, that the parts or equipment in question comply with the requirements referred to in Article 45(4), it shall authorise the parts or equipment to be placed on the market and to be entered into service, subject to the second subparagraph of paragraph 4 of this Article.
The approval authority shall issue a certificate to the manufacturer without delay.
The manufacturer shall be responsible for ensuring that the parts or equipment are produced and continue to be produced under the conditions under which the authorisation was issued.
Where the approval authority finds that the conditions for issuing the authorisation are no longer fulfilled, it shall request the manufacturer to take the necessary measures to ensure that the parts or equipment are brought back into conformity. If necessary, it shall withdraw the authorisation.
Article 47: Recall of vehicles, systems, components or separate technical units
The approval authorities shall ensure that the remedies are effectively implemented in their respective Member States.
The approval authority that granted the EU type-approval shall then inform the manufacturer. If the manufacturer does not propose and implement effective corrective measures, the approval authority which granted the EU type-approval shall take all protective measures required, including the withdrawal of the EU type-approval. In the case of withdrawal of the EU type-approval, the approval authority shall within one month of such withdrawal notify the manufacturer, the approval authorities of the other Member States and the Commission by registered letter or equivalent electronic means.
Article 48: Notification of decisions and remedies available
Article 49: UNECE regulations required for EU type-approval
That delegated act shall specify the dates of compulsory application of the UNECE regulation or of amendments thereto and shall include transitional provisions where appropriate.
The Commission shall adopt separate delegated acts indicating the mandatory application of UNECE regulations.
Article 50: Recognition of OECD test reports for the purpose of EU type-approval
Article 51: Information intended for users
Article 52: Information intended for manufacturers of components or separate technical units
The vehicle manufacturer may impose a binding agreement on the manufacturers of components or separate technical units to protect the confidentiality of any information which is not in the public domain, including information related to intellectual property rights.
Where a delegated act adopted pursuant to this Regulation so provides, the manufacturer of components or separate technical units shall provide, together with the components or separate technical units produced, instructions regarding restrictions on use or special mounting conditions or both.
Article 53: Manufacturers’ obligations
Software critical to the correct functioning of the safety and environmental control system may be protected against unauthorised manipulations. However, any manipulation of those systems necessary for repair and maintenance or accessible to authorised dealers or repairers shall also be made accessible to independent operators in a non-discriminatory manner.
Manufacturers shall provide access on a non-discriminatory basis to training material and relevant working tools to authorised dealers, repairers and independent operators. Such access shall include, where applicable, adequate training with regard to the download of software, diagnostic trouble codes management and the use of working tools.
In the event that such information is not available, or does not conform to this Regulation and the delegated and implementing acts adopted pursuant to this Regulation which are applicable when applying for EU type-approval or national type-approval, the manufacturer shall provide it within six months from the date of approval.
The Commission may adopt an implementing act in order to lay down a template of a certificate on access to vehicle OBD and vehicle repair and maintenance information providing such proof of compliance to the approval authority. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 69(2).
Article 54: Obligations with regard to several type-approval holders
The final manufacturer shall be responsible for providing information about the whole vehicle to independent operators.
Article 55: Fees for access to vehicle repair and maintenance information
Article 56: Forum on Access to Vehicle Information
On the basis of evidence of deliberate or unintentional misuse of vehicle OBD and vehicle repair and maintenance information, the Forum referred to in the first paragraph shall advise the Commission on measures to prevent such misuse of information.
Article 57: Requirements relating to technical services
A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of vehicles, systems, components or separate technical units which it assesses, tests or inspects may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered as fulfilling the requirements of the first subparagraph.
A technical service shall ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of the categories of activities for which it has been designated.
Article 58: Subsidiaries of and subcontracting by technical services
Article 59: Designation of technical services
Article 60: Accredited in-house technical services of the manufacturer
Article 61: Procedures for performance standards and assessment of technical services
Article 62: Assessment of the skills of the technical services
Article 63: Procedures for notification
Article 64: Changes to designations
Article 65: Challenge to the competence of technical services
Article 66: Operational obligations of technical services
Technical services shall supervise or shall themselves carry out the tests required for approval or inspections as set out in this Regulation or in one of the acts listed in Annex I, except where alternative procedures are permitted. The technical services shall not conduct tests, assessments or inspections for which they have not been duly designated by their approval authority.
Article 67: Information obligations of technical services
Article 68: Implementing acts
Article 69: Committee procedure
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation 2011/182 shall apply.
Article 70: Amendment of the Annexes
Article 71: Exercise of the delegation
Article 72: Penalties
Article 73: Transitional provisions
In such a case, national authorities shall not prohibit, restrict or impede the registration, placing on the market or entry into service of vehicles complying with the approved type.
Article 74: Report
Article 75: Review
Article 76: Repeal
Article 77: Amendment to Directive 2006/42/EC
Article 78: Entry into force and application
From 22 March 2013, national authorities shall not refuse to grant EU type-approval or national type-approval for a new type of vehicle, or prohibit registration, placing on the market or entry into service of a new vehicle where the vehicle concerned complies with this Regulation and the delegated and implementing acts adopted pursuant to this Regulation, if a manufacturer so requests.
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LIST OF REQUIREMENTS FOR THE PURPOSES OF VEHICLE EU TYPE-APPROVAL LIST OF REQUIREMENTS FOR THE PURPOSES OF VEHICLE EU TYPE-APPROVAL
LIMITS FOR SMALL SERIES 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.
Correlation table Correlation table
(referred to in Article 76) (referred to in Article 76)
Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 5 February 2013.