Commission Implementing Regulation (EU) 2015/504

of 11 March 2015

implementing Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to the administrative requirements for the approval and market surveillance of agricultural and forestry vehicles

(Text with EEA relevance)

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 or forestry vehicles(1), and in particular Article 22(4), Article 24(4), Article 25(2), (3), and (6), Article 27(1), Article 33(2), Article 34(3), Article 35(4), Article 45(2), Article 46(3) and Article 53(8) thereof,

Whereas:

(1) This Regulation sets out the detailed administrative requirements regarding the templates for the information folder and for the information document; the template for the certificate on access to vehicle on-board diagnostics and on access to repair and maintenance information; the templates for the certificate of conformity; the models for the manufacturer's statutory plate and the models for the EU type-approval mark; the templates for the EU type-approval certificate and the template for the list of applicable requirements or acts appended to the EU type-approval certificate; the numbering system of EU type-approval certificates; the template for the test results sheet appended to the EU type-approval certificate; the general requirements for the format of test reports; the list of parts and equipment that may pose a serious risk to the correct functioning of essential systems; all aspects related to the procedure of authorisation for 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 as well as the template for the certificate for 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; the numbering system of certificates for 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.

(2) As opposed to Directive 2003/37/EC of the European Parliament and of the Council(2), Regulation (EU) No 167/2013 provides for a complete set of requirements in order to apply for EU whole-vehicle type-approval for all categories of agricultural and forestry vehicles. The administrative templates to be used in the EU type-approval procedures should be provided.

(3) New technologies have been introduced in vehicles since the templates used in type-approval procedures were laid down in Directive 2003/37/EC of the European Parliament and of the Council. The templates used in the EU type-approval procedures should be adapted as a result.

(4) To indicate which procedure has been chosen by the manufacturer when applying for type-approval, a new template for an ‘information folder sheet’ should be introduced.

(5) In order to ensure reasonable access for independent operators to vehicle repair information, including information relating to on-board diagnostic systems and their interaction with other vehicle systems, manufacturers must provide non-discriminatory access to that information and submit proof of their compliance with that requirement to the approval authorities. A template for a corresponding manufacturer's certificate constituting such proof should be laid down.

(6) Three templates for a certificate of conformity should be made available, corresponding to the type-approval procedures for complete, completed and incomplete vehicles.

(7) In order to demonstrate that tractors type-approved with machinery mounted on them and R- and S-category vehicles provide a satisfactory level of safety, part of the documentation comprising the technical file for machinery set out Annex VII to Directive 2006/42/EC of the European Parliament and of the Council(3) should be included in the information folder. In addition, the EC declaration of conformity of the machinery mounted should be attached to the certificate of conformity of the vehicle.

(8) In order to simplify the most common EU type-approval certificate, a new template should be developed exclusively for EU whole-vehicle type-approval of a complete vehicle type, while for the other combinations of vehicle types, a different template of the EU whole-vehicle type-approval certificate should be established.

(9) A single template for the EU type-approval certificate applicable to any type of system should be established, in order to unify and simplify the templates formerly provided for in the separate Union directives for each type of system. For the same reasons, another single template should be established for components and separate technical units.

(10) The numbering system of EU type-approval certificates, as provided for by Directive 2003/37/EC, should be modified to reflect the new structure of the acts containing the type-approval requirements with which conformity is to be certified.

(11) To harmonise the presentation of the most relevant information from the testing of compliance with the technical requirements laid down in Regulation (EU) No 167/2013 and the delegated acts adopted pursuant to that Regulation, a minimum set of general requirements for the format of the test reports should be established.

(12) For the same purpose, technical services should use the templates of the test reports set out in the corresponding international regulation or EN/ISO standard as a guidance for drafting the test reports on technical requirements set out in the delegated acts adopted pursuant to Regulation (EU) No 167/2013 which are based on those laid down in international regulations or EN/ISO standards.

(13) In order to limit the burden to the manufacturers, the presentation of test reports of certain components and separate technical units issued under Directive 2003/37/EC, Directive 2007/46/EC of the European Parliament and of the Council(4), Directive 97/68/EC of the European Parliament and of the Council(5), Regulation (EU) No 595/2009 of the European Parliament and of the Council(6) or international regulations referred to in Chapter XIII of Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant that Regulation, should be accepted when applying for type-approvals under Regulation (EU) No 167/2013 under the condition that neither the substantive requirements nor the requirements regarding the test procedures have changed since the execution of the test.

(14) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 69(1) of Regulation (EU) No 167/2013,

HAS ADOPTED THIS REGULATION:

(2)

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

(3)

Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24).

(4)

Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

(5)

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).

(6)

Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).