The Tractor etc (EC Type-Approval) (Amendment) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Tractor etc (EC Type-Approval) Regulations 2005 (“2005 Regulations”). The 2005 Regulations transposes the Tractor Type Approval Framework Directive, the technical requirements of which have been amended to keep up with technological developments. These Regulations transpose the following European Directives—

(a) Commission Directive 2010/22/EU of 15 March 2010 amending, for the purposes of their adaption to technical progress, Council Directives 80/720/EEC, 86/298/EEC, 86/415/EEC and 87/402/EEC and Directives 2000/25/EC and 2003/37/EC of the European Parliament and of the Council relating to the type-approval of agricultural or forestry tractors (O.J. L 91, 10.4.2010, p.1);

(b) Commission Directive 2010/52/EU of 11 August 2010 amending, for the purposes of adaption of their technical provisions, Council Directive 76/763/EEC relating to passenger seats for wheeled agricultural or forestry tractors and Directive 2009/144/EC of the European Parliament and of the Council on certain components and characteristics of wheeled agricultural or forestry tractors (O.J. L 213, 13.8.2010, p.37); and

(c) Commission Directive 2010/62/EU of 8 September 2010 amending, for the purpose of adapting their technical provisions, Council Directives 80/720/EEC and 86/297/EEC and Directives 2003/37/EC, 2009/60/EC and 2009/144/EC of the European Parliament and of the Council relating to the type-approval of agricultural or forestry tractors (O.J. L 238, 9.9.2010, p. 7).

Regulation 3 amends the definitions of “the Tractor Type Approval Directive” and the “separate directive” to include all amendments to the Directives that fall under those definitions up to the date that these Regulations come into force.

Regulation 4 inserts a requirement into the 2005 Regulations for the Secretary of State to review those Regulations and publish a report within five years after these Regulations come into force, and within every five years thereafter. Following a review it will fall to the Secretary of State to consider whether the 2005 Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke or amend the 2005 Regulations.

A full impact assessment has not been prepared for this instrument as it has no impact on the costs of business or the voluntary sector.

This Explanatory Note incorporates the Transposition Note in respect of Directives 2010/22/EU, 2010/52/EU and 2010/62/EU which would otherwise have been provided separately.

An Explanatory Memorandum for these Regulations is available alongside this instrument on the website, www.legislation.gov.uk.