Commission Delegated Regulation (EU) 2015/96 (repealed)Show full title

Commission Delegated Regulation (EU) 2015/96

of 1 October 2014

supplementing Regulation (EU) No 167/2013 of the European Parliament and of the Council as regards environmental and propulsion unit performance requirements of agricultural and forestry vehicles

(Text with EEA relevance) (repealed)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles(1), and in particular Article 19(6) thereof,

Whereas:

(1) The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. To that end, a comprehensive EU type-approval system and a strengthened market surveillance system for agricultural and forestry vehicles and their systems, components and separate technical units was established by Regulation (EU) No 167/2013 apply.

(2) The term ‘agricultural and forestry vehicles’ covers a wide range of different vehicle types with one or more axles and two, four or more wheels or track-laying vehicles, e.g. wheeled tractors, track-laying tractors, trailers and towed equipment, used for a wide variety of agricultural and forestry purposes, including special purpose works.

(3) Following the request of the European Parliament and with the aim of simplifying and accelerating the adoption of type-approval legislation, a new regulatory approach has been introduced in Union vehicle type-approval legislation in accordance with which the legislator in the ordinary legislative procedure sets out the fundamental rules and principles only and delegates the power to adopt delegated acts concerning further technical details to the Commission. In accordance with this principle, Regulation (EU) No 167/2013 lays down the fundamental provisions on functional safety, occupational safety and environmental performance and delegates to the Commission the power to lay down the corresponding technical specifications in delegated acts.

(4) Therefore, the technical requirements for the type-approval of agricultural and forestry vehicles with regard to their environmental and propulsion unit performance should now be set out.

(5) In 2010, the Commission established a European strategy on clean and energy efficient vehicles(2). This strategy proposed the Union to act in the areas where it can have distinct value added and complement the actions taken by the industry, national and regional public authorities. Those actions should aim at improving the environmental performance of vehicles and at the same time strengthening the competitiveness of the Union automotive industry In particular, a considerable reduction in hydrocarbon emissions from agricultural and forestry vehicles is necessary to improve air quality and comply with limit values for pollution. This should be achieved not only by reducing the hydrocarbon tailpipe and evaporative emissions from these vehicles, but also by helping reducing volatile particle levels.

(6) By referring to the provisions of Directive 97/68/EC of the European Parliament and of the Council(3), this Regulation lays down the limit values for emissions of gaseous and particulate matter pollutants to be applied in successive stages, and the test procedure for internal combustion engines intended to power agricultural or forestry vehicles. The IIIA, IIIB and IV Stage emission limits for agricultural and forestry vehicle engines, by setting ambitious gaseous and particulate matter pollutant emission limits while aligning with international standards, are one of the measures designed to reduce emissions of particulate matter and ozone precursors such as nitrogen oxides and hydrocarbons.

(7) A standardised method of measuring fuel consumption and carbon dioxide emissions of agricultural and forestry vehicle engines, is necessary to ensure that no technical barriers to trade arise between Member States. Furthermore, it is also appropriate to ensure that customers and users are supplied with objective and precise information.

(8) One of the main objectives of Union legislation on the approval of vehicles is to ensure that new vehicles, components and separate technical units placed on the market provide a high level of environmental protection. That objective should not be impaired by the fitting of certain parts or equipment after vehicles have been placed on the market or have entered into service. Thus, appropriate measures should be taken in order to make sure that parts or equipment which can be fitted to agricultural and forestry vehicles and which are capable of significantly impairing the functioning of systems that are essential in terms of environmental protection, are subject to prior control by an approval authority before they are placed on the market. Those measures should consist of technical provisions concerning the requirements that those parts or equipment have to comply with.

(9) Directive 2003/37/EC of the European Parliament and of the European Council(4) provided for the EC whole-vehicle type-approval of all-terrain vehicles and side-by-side vehicles as agricultural and forestry vehicles. Those vehicle types should therefore also be covered by this Regulation with respect to their environmental and propulsion unit performance requirements, provided that the type of vehicle concerned falls within a vehicle category as referred to in Regulation (EU) No 167/2013.

(10) Technical progress requires adaptation of the technical requirements set out in the Annexes to this Directive. The engine categories, limit values and implementation dates in this should be aligned to future changes in Directive 97/68/EC in accordance with Article 71 of Regulation (EU) No 167/2013.

(11) Environmental and propulsion unit performance requirements in respect to gaseous and particulate matter pollutant emissions should not apply to vehicles equipped with engines not covered by the scope of application of Directive 97/68/EC until the date when those engines become covered by that Directive. However, vehicles equipped with engines not covered by the scope of application of Directive 97/68/EC may be granted whole vehicle type-approval under this Regulation.

(12) By Council Decision 97/836/EC(5), the Union has acceded to the Agreement of the United Nations Economic Commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (Revised 1958 Agreement). In its Communication CARS 2020: Action Plan for a competitive and sustainable automotive industry in Europe, the Commission highlighted that the acceptance of international regulations under the 1958 UNECE Agreement is the best way to remove non-tariff barriers to trade. Therefore, the requirements set out in the Directives repealed by Regulation (EU) No 167/2013 should be replaced, where appropriate, with references to the corresponding UNECE regulations.

(13) The possibility to apply UNECE regulations for the purpose of EU vehicle type-approval as a basis to the Union legislation is provided for in Regulation (EU) No 167/2013. In accordance with this Regulation type-approval in accordance with UNECE regulations which apply on an equal basis to the Union legislation is to be considered as EU type-approval in accordance with that Regulation and its delegated and implementing acts.

(14) Using UNECE regulations on an equal basis to Union legislation helps to avoid duplication not only of technical requirements but also of certification and administrative procedures. In addition, type-approval that is directly based on internationally agreed standards should improve market access in third countries, in particular in those which are contracting parties to the Revised 1958 Agreement, thus enhancing the Union industry's competitiveness.

(15) Given the scale and impact of the action proposed in the sector in question, the Union measures in this Regulation are indispensable if the environmental and safety objectives set, namely the approval of vehicles in the Union, are to be achieved. These objectives cannot be adequately achieved by the Member States acting individually.

(16) Since environmental and propulsion unit performance requirements of agricultural and forestry vehicles are essential for the type-approval of these vehicles, this Regulation should apply as from date of application of Regulation (EU) No 167/2013.

HAS ADOPTED THIS REGULATION:

(1)

OJ L 60, 2.3.2013, p. 1.

(2)

COM(2010)186 final, 28.4.2010.

(3)

Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (OJ L 59, 27.2.1998, p. 1).

(4)

Directive 2003/37/EC of the European Parliament and of the European Council of 26 May 2003 on the type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC (OJ L 171, 9.7.2003, p. 1).

(5)

Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (OJ L 346, 17.12.1997, p. 78).