PURPOSE: to lay down harmonised rules on the administrative and technical requirements for the type-approval and on market surveillance of agricultural and forestry vehicles.

LEGISLATIVE ACT: Regulation (EU) No 167/2013 of the European Parliament and of the Council on the approval and market surveillance of agricultural and forestry vehicles.

CONTENT: the Regulation lays down new provisions on safety and environmental protection for the type-approval of tractors and other agricultural and forestry vehicles. It also establishes the requirements for the market surveillance of parts and equipment for such vehicles.

Scope: the Regulation applies to the following vehicles: (a) tractors (categories T and C); (b) trailers (category R); and (c) interchangeable towed equipment (category S).

For the following vehicles, the manufacturer may choose whether to apply for approval under the Regulation or whether to comply with the relevant national requirements: (a) trailers (category R) and interchangeable towed equipment (category S); (b) track-laying tractors (category C); (c) special purpose wheeled tractors (categories T4.1 and T4.2).

Basic requirements: in order to ensure a high level of functional safety, occupational safety and environmental protection , the Regulation harmonises the technical requirements and environmental standards applicable to vehicles, systems, components and separate technical units with regard to type-approval.

The Regulation is based on 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.

Alignment with the New Legislative Framework and other Union legislation on type-approval : the provisions of the Regulation are aligned with Decision No 768/2008/EC on a common framework for the marketing of products, in order to enhance the implementation and enforcement of the new Regulation. These provisions specify the responsibilities of the economic operators (manufacturer, representative of the manufacturer, importer or distributer) in the supply chain and of the respective surveillance authorities, in particular with regard to post market surveillance and control of products entering the Union market.

Manufacturers will be regularly checked by a competent authority or by an appropriately qualified technical service designated for that purpose.

Access to repair and maintenance information : the Regulation stipulates that manufacturers shall provide:

· non-discriminatory access to vehicle repair and maintenance information to authorised dealers, repairers and independent operators through websites using a standardised format in a readily accessible and prompt manner;

· access on a non-discriminatory basis to training material and relevant working tools to authorised dealers, repairers and independent operators.

Penalties: Member States shall provide for penalties that are effective, proportionate and dissuasive for infringement of this Regulation and the delegated or implementing acts adopted pursuant to the latter, and take all measures necessary to ensure that the penalties are implemented.

Review: on the basis of reports sent be Member States, the Commission will submit a report, by 31 December 2022 , accompanied, where appropriate, by legislative proposals, and shall examine the inclusion of individual approvals in this Regulation on the basis of harmonised requirements.

ENTRY INTO FORCE: 22/03/2013.

APPLICATION: from 01/01/2016.

DELEGATED ACTS: the Commission is empowered to adopt delegated in respect of functional safety, construction requirements, environmental and propulsion performance, access to repair and maintenance information and appointment and specific authorised tasks of technical services. The power to adopt delegated acts will be conferred on the Commission for a period of five years from 22 March 2013.

The European Parliament or the Council may object to the delegated act within a period of two months of notification of that act (which may be extended by two months.) If the European Parliament or Council objects, the delegated act shall not enter into force.

The European Parliament adopted by 651 votes to 13, with 15 abstentions, a legislative resolution on the proposal for a Regulation of the European Parliament and the Council on the approval of agricultural or forestry vehicles.

Parliament adopted its position at first reading under the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between Parliament and the Council. They amend the Commission proposal as follows:

Purpose and scope: the amended Regulation establishes the administrative and technical requirements for the type-approval of all new vehicles, systems, components and separate technical units. It also lays down the requirements for the market surveillance of vehicles, systems, components and separate technical units which are subject to approval. In particular, it applies to the following vehicles:

· tractors (categories T and C);

· trailers (category R); and

· interchangeable towed equipment (category S).

For the following vehicles, the manufacturer may choose whether to apply for approval under this Regulation or whether to comply with the relevant national requirements :

· trailers (category R) and interchangeable towed equipment (category S);

· track-laying tractors (category C); and

· special purpose wheeled tractors (categories T4.1 and T4.2).

In certain limited cases, it is appropriate to allow for national small series type-approval.

Alignment with the New Legislative Framework and other Union legislation on type-approval: the amendments introduced aim to align the provisions of this Regulation with Decision No 768/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products, in order to enhance the implementation and enforcement of the new Regulation. These provisions specify the responsibilities of the economic operators (manufacturer, representative of the manufacturer, importer or distributor) in the supply chain and of the respective surveillance authorities, in particular with regard to post market surveillance and control of products entering the Union market.

Safety requirements: t he amendments seek to guarantee a high level of functional safety, safety at work and environmental protection.

“ Functional safety ” is defined as the absence of unacceptable risk of physical injury or of damage to the health of people or property arising from hazards caused by malfunctioning of mechanical, hydraulic, pneumatic, electrical or electronic systems, components or separate technical units.

Access to repair and maintenance information: manufactures shall provide:

· non-discriminatory access to vehicle repair and maintenance information to authorised dealers, repairers and independent operators through websites 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. Until the Commission has adopted a standardised format for the provision of the information, that information shall be made available in a consistent manner that can be processed by independent operators with reasonable effort;

· 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.

Penalties: Member States shall provide for penalties for infringement by economic operators of this Regulation and the delegated or implementing acts adopted pursuant to this Regulation. They shall take all measures necessary to ensure that the penalties are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Delegated acts: to add further technical specifications to the Regulation, the Commission can adopt delegated acts in respect of functional safety, construction requirements, environmental and propulsion performance, access to repair and maintenance information and appointment and specific authorised tasks of technical services.

Other t echnical amendments : Members also introduced amendments aimed to clarify certain technical aspects, including: procedures applicable at national level for vehicles, systems, components or separate technical units; the procedure for Union level back-up; technical services requirements.

Review: by 31 December 2022 , the Commission shall submit a report to the European Parliament and to the Council regarding:

· the number of individual approvals granted to vehicles covered by this Regulation before their first registration per year by the national authorities of that Member State since 1 January 2016;

· the national criteria upon which such approvals were based insofar as these criteria deviated from the requirements obligatory for EU type-approval.

The report shall be accompanied, where appropriate, by legislative proposals, and shall examine the inclusion of individual approvals in this Regulation on the basis of harmonised requirements.

PURPOSE: to lay down harmonised rules on the manufacture of agricultural and forestry vehicles.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: the technical requirements for the type-approval of tractors with regard to numerous safety and environmental elements have been harmonised at the level of the Union in order to avoid requirements that differ from one Member State to another, to ensure a high level of road and occupational safety and environmental protection throughout the Community and to allow for a harmonized system of EU type-approval. The existing type-approval legislation for tractors is regulated in the following EU-acts: Council Directives 74/347/EEC, 76/432/EEC, 76/763/EEC, 77/537/EEC, 78/764/EEC, 80/720/EEC, 86/297/EEC, 86/298/EEC, 86/415/EEC, 87/402/EEC; European Parliament and Council Directives 2000/25/EC, 2003/37/EC, 2009/57/EC, 2009/58/EC, 2009/59/EC, 2009/60/EC, 2009/61/EC, 2009/63/EC, 2009/64/EC, 2009/66/EC, 2009/68/EC, 2009/75/EC, 2009/76/EC and 2009/144/EC.

New technologies like ABS (anti-lock braking systems) are now available and can be implemented in the near future, which will dramatically improve vehicle safety. Research has indicated that there would be significant benefits if such technologies were introduced as standard on new vehicles. Setting common mandatory requirements would also prevent the fragmentation of the internal market resulting from varying product standards emerging across Member States.

IMPACT ASSESSMENT : or each of the main aspects of the proposal, different options were considered:

Simplification aspects – I: Directives or Regulations:

a) no change in policy. This would mean that the existing 24 Directives would be maintained with additional amendments when necessary;

b) replace existing separate Directives by one Regulation;

c) replace existing Directives by one Regulation and a limited number of thematic delegated and implementing acts. This is the chosen option.

Simplification aspect – II: all in detailed EU legislation or reference to international standards:

a) no change in policy. This would mean that the existing 24 Directives would be maintained with additional amendments when necessary. The Directives would continue to operate in parallel with the existing UNECE Regulations and OECD Codes with the technical requirements usually (but not always) being the same.

This is currently the cause of much confusion for stakeholders who are not closely involved with the type-approval system, and leads to a situation of a regulatory system that is less than fully transparent;

b) replace existing separate Directives where possible by equivalent UNECE Regulations.

c) Replace existing separate Directives where possible by equivalent UNECE Regulations, or OECD Codes (roll-over protection systems) or possibly

CEN/CENELEC or ISO standards. This is the chosen option since it would maximise the advantages of simplification at the benefit, in particular, of national authorities and industry.

Completion of the internal market

a) no change in policy. This would mean that bit-by-bit the package as provided in Directive 2003/37/EC would be completed.

b) complete the EU TA requirements and make EU WVTA mandatory for all categories;

c) complete the EU TA requirements but leave EU WVTA optional for certain categories (T4, T5, C, R and S).

LEGAL BASE: Article 114 of the Treaty on the Functioning of the European Union.

CONTENT: this proposal significantly simplifies the type-approval legislation by replacing 24 base Directives (and around 35 related amending Directives) in the field of agricultural and forestry vehicle technical requirements with one Regulation. It aims to lay down harmonised rules on the manufacture of agricultural and forestry vehicles (tractors, trailers and towed equipment) with a view to ensuring the functioning of the internal market while at the same time providing for a high level of road and occupational safety and environmental protection. This will also contribute to the competitiveness of the industry by simplifying the existing vehicle type-approval legislation, improving transparency and easing administrative burden.

The draft regulation and its implementing and delegated acts will carry over the existing requirements laid down in the above acts. It will also lay down in detail the new mandatory requirements on braking. In particular, the delegated acts adopted under this proposal will require amongst others:

mandatory fitting of anti-lock braking systems on some categories (T5 fast tractors and their trailers suitable for speeds over 40 km/h); higher deceleration performance; compatibility between tractor and trailers/towed equipment.

As far as the environmental aspects of the proposal are concerned, no changes are proposed to the existing levels of protection. The only change is that the Regulation should refer to Directive 97/68/EC on emissions of Non-Road Mobile Machinery instead of having a specific one for tractors, simplifying the current implementation process while keeping the key features for future developments.

It should be noted that the proposal uses the “split-level approach” that was originally introduced at the request of the European Parliament and used in other pieces of legislation in the area of EU type approval of motor vehicles. This approach envisages two steps:

1) the fundamental provisions will be laid down by the European Parliament and the Council in a Regulation based on Article 114 of the Treaty on the Functioning of the European Union through the ordinary legislative procedure;

2) the technical specifications implementing the fundamental provisions will be laid down in delegated acts adopted by the Commission in accordance with Article 290 of the Treaty on the Functioning of the European Union.

FINANCIAL IMPLICATIONS: the proposal has no implication for the EU budget.

PURPOSE: to lay down harmonised rules on the manufacture of agricultural and forestry vehicles.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: the technical requirements for the type-approval of tractors with regard to numerous safety and environmental elements have been harmonised at the level of the Union in order to avoid requirements that differ from one Member State to another, to ensure a high level of road and occupational safety and environmental protection throughout the Community and to allow for a harmonized system of EU type-approval. The existing type-approval legislation for tractors is regulated in the following EU-acts: Council Directives 74/347/EEC, 76/432/EEC, 76/763/EEC, 77/537/EEC, 78/764/EEC, 80/720/EEC, 86/297/EEC, 86/298/EEC, 86/415/EEC, 87/402/EEC; European Parliament and Council Directives 2000/25/EC, 2003/37/EC, 2009/57/EC, 2009/58/EC, 2009/59/EC, 2009/60/EC, 2009/61/EC, 2009/63/EC, 2009/64/EC, 2009/66/EC, 2009/68/EC, 2009/75/EC, 2009/76/EC and 2009/144/EC.

New technologies like ABS (anti-lock braking systems) are now available and can be implemented in the near future, which will dramatically improve vehicle safety. Research has indicated that there would be significant benefits if such technologies were introduced as standard on new vehicles. Setting common mandatory requirements would also prevent the fragmentation of the internal market resulting from varying product standards emerging across Member States.

IMPACT ASSESSMENT : or each of the main aspects of the proposal, different options were considered:

Simplification aspects – I: Directives or Regulations:

a) no change in policy. This would mean that the existing 24 Directives would be maintained with additional amendments when necessary;

b) replace existing separate Directives by one Regulation;

c) replace existing Directives by one Regulation and a limited number of thematic delegated and implementing acts. This is the chosen option.

Simplification aspect – II: all in detailed EU legislation or reference to international standards:

a) no change in policy. This would mean that the existing 24 Directives would be maintained with additional amendments when necessary. The Directives would continue to operate in parallel with the existing UNECE Regulations and OECD Codes with the technical requirements usually (but not always) being the same.

This is currently the cause of much confusion for stakeholders who are not closely involved with the type-approval system, and leads to a situation of a regulatory system that is less than fully transparent;

b) replace existing separate Directives where possible by equivalent UNECE Regulations.

c) Replace existing separate Directives where possible by equivalent UNECE Regulations, or OECD Codes (roll-over protection systems) or possibly

CEN/CENELEC or ISO standards. This is the chosen option since it would maximise the advantages of simplification at the benefit, in particular, of national authorities and industry.

Completion of the internal market

a) no change in policy. This would mean that bit-by-bit the package as provided in Directive 2003/37/EC would be completed.

b) complete the EU TA requirements and make EU WVTA mandatory for all categories;

c) complete the EU TA requirements but leave EU WVTA optional for certain categories (T4, T5, C, R and S).

LEGAL BASE: Article 114 of the Treaty on the Functioning of the European Union.

CONTENT: this proposal significantly simplifies the type-approval legislation by replacing 24 base Directives (and around 35 related amending Directives) in the field of agricultural and forestry vehicle technical requirements with one Regulation. It aims to lay down harmonised rules on the manufacture of agricultural and forestry vehicles (tractors, trailers and towed equipment) with a view to ensuring the functioning of the internal market while at the same time providing for a high level of road and occupational safety and environmental protection. This will also contribute to the competitiveness of the industry by simplifying the existing vehicle type-approval legislation, improving transparency and easing administrative burden.

The draft regulation and its implementing and delegated acts will carry over the existing requirements laid down in the above acts. It will also lay down in detail the new mandatory requirements on braking. In particular, the delegated acts adopted under this proposal will require amongst others:

mandatory fitting of anti-lock braking systems on some categories (T5 fast tractors and their trailers suitable for speeds over 40 km/h); higher deceleration performance; compatibility between tractor and trailers/towed equipment.

As far as the environmental aspects of the proposal are concerned, no changes are proposed to the existing levels of protection. The only change is that the Regulation should refer to Directive 97/68/EC on emissions of Non-Road Mobile Machinery instead of having a specific one for tractors, simplifying the current implementation process while keeping the key features for future developments.

It should be noted that the proposal uses the “split-level approach” that was originally introduced at the request of the European Parliament and used in other pieces of legislation in the area of EU type approval of motor vehicles. This approach envisages two steps:

1) the fundamental provisions will be laid down by the European Parliament and the Council in a Regulation based on Article 114 of the Treaty on the Functioning of the European Union through the ordinary legislative procedure;

2) the technical specifications implementing the fundamental provisions will be laid down in delegated acts adopted by the Commission in accordance with Article 290 of the Treaty on the Functioning of the European Union.

FINANCIAL IMPLICATIONS: the proposal has no implication for the EU budget.