COMMISSION REGULATION (EU) No /.. of XXX

Transcription

1 EUROPEAN COMMISSION Brussels, XXX B [ ](2014) XXX DRAFT COMMISSION REGULATION (EU) No /.. of XXX supplementing Regulation (EC) No 661/2009 of the European Parliament and of the Council concerning general safety with regard to administrative provisions for the typeapproval of motor vehicles and their trailers as well as components and separate technical units intended for such vehicles, amending Regulation (EC) No 661/2009 as regards the inclusion of specific procedures, assessment methods and technical requirements, amending Directive 2007/46/EC of the European Parliament and of the Council, amending Commission Regulation (EU) No 1003/2010, amending Commission Regulation (EU) No 109/2011 and amending Commission Regulation (EU) No 458/2011 (Text with EEA relevance) EN EN

2 COMMISSION REGULATION (EU) No /.. of XXX supplementing Regulation (EC) No 661/2009 of the European Parliament and of the Council concerning general safety with regard to administrative provisions for the typeapproval of motor vehicles and their trailers as well as components and separate technical units intended for such vehicles, amending Regulation (EC) No 661/2009 as regards the inclusion of specific procedures, assessment methods and technical requirements, amending Directive 2007/46/EC of the European Parliament and of the Council, amending Commission Regulation (EU) No 1003/2010, amending Commission Regulation (EU) No 109/2011 and amending Commission Regulation (EU) No 458/2011 (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor 1, and in particular Article 14(1)(a) thereof, Whereas: (1) Regulation (EC) No 661/2009 is a separate Regulation for the purposes of the typeapproval procedure provided for by 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) 2. (2) Regulation (EC) No 661/2009 lays down basic requirements for the type-approval of motor vehicles, their trailers and systems, components and separate technical units intended therefor with regard to their safety. (3) It is necessary to lay down detailed provisions for the type-approval of motor vehicles, their trailers and systems, components and separate technical units intended therefor and where necessary to clarify the conditions of application of the relevant legislation. (4) Without prejudice to the list of mandatory regulatory acts setting the requirements for the purpose of EC type-approval of vehicles laid down in Annex IV to Directive 2007/46/EC, Regulation (EC) No 661/2009 provides vehicle manufacturers with the possibility to submit an application for type-approval under this Regulation for implementing measures covered by UNECE Regulations. (5) It is in particular necessary to set out specific procedures for type-approval according to Article 20 of Directive 2007/46/EC concerning new technologies or concepts 1 2 OJ L 200, , p. 1. OJ L 263, , p. 1 EN 2 EN

3 incompatible with the relevant implementing measures covered by UNECE Regulations. (6) It is in principle not possible to obtain UNECE Regulation type-approval with installed components or separate technical units which have only a valid EC typeapproval, however, this is permissible for the purpose of EC type-approval according to this Regulation, based on the technical provisions of the UNECE Regulations as mandated by Regulation (EC) No 661/2009. (7) Annex XV to Directive 2007/46/EC lists regulatory acts for which a manufacturer may be designated as techical service, applying to a number of Separate Directives that are repealed by Regulation (EC) 661/2009. For this reason it is necessary to replace the relevant Separate Directive references with the appropriate implementing measures of the General Safety Regulation, in order to facilitate EC type-approval according to this Regulation, as it is in principle not possible to obtain UNECE Regulation typeapproval under such conditions, based on the technical provisions of the UNECE Regulations as mandated by Regulation (EC) No 661/2009, while employing the provisions for manufacturers designated as technical service. (8) Annex XVI to Directive 2007/46/EC lists specific conditions for virtual testing, which apply to a number of Separate Directives that are repealed by Regulation (EC) 661/2009. For this reason it is necessary to replace the relevant Separate Directive references with the appropriate implementing measures of the General Safety Regulation, in order to facilitate EC type-approval according to this Regulation, as it is in principle not possible to obtain UNECE Regulation type-approval under these conditions, based on the technical provisions of the UNECE Regulations as mandated by Regulation (EC) No 661/2009, while employing the appropriate fundamentals and specific conditions listed. (9) To allow for a consistent approach with regard to type-approval numbering and marking, it is further necessary to set out specific administrative provisions as well as a numbering system and component and separate technical unit marking regime applicable for the implementing measures under this Regulation. (10) UNECE Regulations contain specific provisions on the particulars that shall accompany an application for approval (i.e. information document). In the context of the procedures provided for in this Regulation, these particulars shall equally be considered for the purpose of compiling the information folder as required by this Regulation. (11) Presently, compliance with Directive 71/320/EEC 3, repealed by Regulation (EC) No 661/2009, is compulsory for replacement brake lining assemblies (i.e. brake pads and shoes), whereas compliance with UNECE Regulation No 90 4 was accepted as an alternative. Detailed provisions, including adequate transitional provisions, have to be provided for the compulsory compliance concerning replacement brake lining assemblies, drum brake linings, brake discs and brake drums for power-driven vehicles and their trailers in accordance with UNECE Regulation No 90. (12) Concerning vehicles of category N, following Paragraph 4 of Article 6 of Regulation (EC) No 661/2009, the vehicle cab or the space provided for the driver and passengers shall be of sufficient strength to offer protection to the occupants in the event of an 3 4 OJ L 202, , p. 37 OJ L 185, , p. 24 EN 3 EN

4 impact, taking account of UNECE Regulation No 29 5, along with appropriate transitional provisions. (13) The detailed list in Annex I to Regulation (EC) No 661/2009, namely the scope of application of the requirements referred to in Article 5(1) and (2), has been superseded by amendments to Regulation (EC) 661/2009 and its implementing acts. Instead, reference should be made to the suitably amended Part I of Annex IV to Directive 2007/46/EC. (14) The list of UNECE Regulations which apply on a compulsory basis in Annex IV to Regulation (EC) No 661/2009 is updated frequently to reflect the current situation concerning amendments made to the respective UNECE Regulations. (15) The aforementioned list must be complemented with information clarifying under which conditions existing EC type-approvals repealed by the Regulation continue to be valid for certain vehicles, components and separate technical units. (16) Implementing measure Regulation (EU) No 1003/ concerning the space for mounting and the fixing of rear registration plates needs to be slightly revised to take into account specific vehicle designs. (17) Implementing measure Regulation (EU) No 109/ concerning spray suppression systems needs to be slightly amended to update the reference to the implementing measure on wheel guards as well as slightly corrected to clarify the scope of application. (18) Implementing measure Regulation (EU) No 458/ concerning the installation of tyres needs to be updated following technical progress concerning type 4 spare units (i.e. optional spare wheel) for N 1 category vehicles laid down in UNECE Regulation No (19) Specific clarifications must be provided explaining that, where transitional provisions of a given UNECE Regulation lay down that for the purpose of national or regional type-approval Contracting Parties shall not be obliged to accept a vehicle typeapproved in accordance with a preceding series of amendments, or similar wording to that effect, the recognition of such approval is indeed refused accordingly and certificates of conformity are considered not to be valid for the purpose of registering, sale and entry into service of such vehicles. (20) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee Motor Vehicles, HAS ADOPTED THIS REGULATION: Article 1 Subject matter 1. This Regulation lays down detailed rules concerning the specific procedures of EC type-approval pursuant to Regulation (EC) No 661/2009, in particular: OJ L 304, , p. 21 OJ L 291, , p. 22 OJ L 34, , p. 2 OJ L 124, , p. 11 OJ L 310, , p. 18 EN 4 EN

5 in accordance with Article 20 of Directive 2007/46/EC; in cases where components and separate techical units bearing an EC typeapproval mark are applied in the context of complying with the provisions of UNECE Regulations that prescribe the installation of UNECE type-approved components or separate technical units instead; in cases where a manufacturer is designated as technical service in accordance with Annex XV to Directive 2007/46/EC; and in cases where virtual testing in accordance with Annex XVI to Directive 2007/46/EC has been applied. 2. The application for type-approval according to Regulation (EC) No 661/2009 is not mandatory. Article 2 Application 1. A manufacturer or his representative shall submit to the type-approval authority an application drawn up in accordance with the provisions of this Regulation. 2. An application for EC type-approval under these provisions shall consist of the information folder containing the particulars required through the separate implementing measure of Regulation (EC) No 661/2009, covered by the relevant UNECE Regulation, and shall follow the list and item numbering of Annex I to Directive 2007/46/EC insofar practicable. 3. Type-approved components and separate technical units which are installed on a vehicle or, in turn, incorporated within a second separate technical unit, need not to be fully described in the information document provided that the type-approval numbers and markings are duly noted. 4. Components and separate technical units which have a valid EC type-approval shall be accepted, based on the technical provisions of the UNECE Regulations mandated by Regulation (EC) No 661/2009, for the purpose of EC type-approval according to this Regulation. Article 3 Type-approval 1. Where the type of vehicle, component or separate technical unit presented for typeapproval complies with the relevant technical prescriptions and measures to ensure conformity of production of a UNECE Regulation mandated by Regulation (EC) No 661/2009 and where the applicant fulfills the relevant requirements laid down in Article 2 of this Regulation, the type-approval authority shall grant an EC typeapproval pursuant to this Regulation and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC, as amended by this Regulation. 2. A Member State may not assign the same number to another type of vehicle, component or separate technical unit. EN 5 EN

6 3. For the purposes of paragraph 1, the type-approval authority shall deliver an EC type-approval certificate established in accordance with the model set out in Part 2 or 3 of Annex I to this Regulation. Article 4 Self-testing In line with Article 11, paragraph 1 of Directive 2007/46/EC and Annexes V and XV thereto, a manufacturer may be appointed as technical service. The general conditions which the designation of a manufacturer as a technical service must fulfil are set out in the Appendix to Annex XV to Directive 2007/46/EC. Article 5 Virtual testing In line with Article 11, paragraph 4 of Directive 2007/46/EC and Annex XVI thereto, virtual testing methods are permitted, fulfilling the prescription set out in the Appendices to Annex XVI to Directive 2007/46/EC. Article 6 Replacement brake lining assemblies (e.g. disc brake pads, drum brake shoes, parking brake lining), replacement brake discs and replacement brake drums (R90) 1. With effect from 1 November 2014, concerning vehicle types for which braking type-approval is granted in accordance with Directive 71/320/EEC, UNECE Regulation Nos 13 and/or 13-H on or after 7 April 1998, UNECE Regulation No 90 shall apply for the purpose of the sale and entry into service of new replacement brake lining assemblies. 2. With effect from 1 November 2016, concerning vehicle types of categories M 1 and N 1 for which braking type-approval is granted in accordance with UNECE Regulation Nos 13 and/or 13-H on or after that date, UNECE Regulation No 90 shall apply for the purpose of the sale and entry into service of new replacement brake discs and drums. 3. With effect from 1 November 2014, concerning vehicle types of categories M 2, M 3, N 2 and N 3 for which braking type-approval is granted in accordance with UNECE purpose of the sale and entry into service of new replacement brake discs. 4. With effect from 1 November 2016, concerning vehicle types of categories M 2, M 3, N 2 and N 3 for which braking type-approval is granted in accordance with UNECE purpose of the sale and entry into service of new replacement brake drums. 5. With effect from 1 November 2016, concerning vehicle types of categories O 1 and O 2 for which braking type-approval is granted in accordance with UNECE purpose of the sale and entry into service of new replacement brake discs and drums. 6. With effect from 1 November 2014, concerning vehicle types of categories O 3 and O 4 for which braking type-approval is granted in accordance with UNECE EN 6 EN

7 purpose of the sale and entry into service of new replacement brake discs. 7. With effect from 1 November 2016, concerning vehicle types of categories O 3 and O 4 for which braking type-approval is granted in accordance with UNECE purpose of the sale and entry into service of new replacement brake drums. Article 7 Commercial vehicle cab strengh (R29) With effect from 30 January 2017, national authorities shall, on grounds relating to the protection of the occupants of the cab of a commercial vehicle, consider the certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC, and shall prohibit the registration, sale and entry into service of vehicles of category N which do not comply with the provisions of UNECE Regulation 29. Article 8 New technologies or new concepts incompatible with the implementing measures (UNECE Regulations) of Regulation (EC) No 661/2009 Where a Member State is authorised to grant EC type-approval of a vehicle, component or separate technical unit, in accordance with Article 20 of Directive 2007/46/EC, the following procedure shall be followed: the type-approval authority shall grant an EC type-approval pursuant to this Regulation and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC, as amended by this Regulation, in accordance with Article 3; the type-approval authority shall deliver an EC type-approval certificate established in accordance with the model set out in Part 2 of Annex I to this Regulation with annexed thereto the completed communication form conforming to the model in the relevant UNECE Regulation, albeit without the mentioning of an UNECE approval being granted or extended as well as without the mentioning of an UNECE type-approval number, as this is not possible in this context; the information folder in accordance with Article 2 shall subsequently be annexed to the aforementioned type-approval certificate; and where applicable, an example of the EC type-approval marking, in accordance with the appendix to Annex VII to Directive 2007/46/EC as amended by this Regulation, shall be illustrated in the aforementioned type-approval certificate. Article 9 Amendments to Regulation (EC) No 661/2009 Annexes I and IV to Regulation (EC) No 661/2009 are amended in accordance with Annex II to this Regulation. Article 10 Amendments to Directive 2007/46/EC EN 7 EN

8 Annexes I, IV, VII, XV and XVI to Directive 2007/46/EC are amended in accordance with Annex III to this Regulation. Article 11 Amendments to Regulation (EU) No 1003/2010 Annex II to Regulation (EU) No 1003/2010 is amended in accordance with Annex IV to this Regulation Article 12 Amendments to Regulation (EU) No 109/2011 Annex II to Regulation (EU) No 109/2011 is amended in accordance with Annex V to this Regulation Article 13 Amendments to Regulation (EU) No 458/2011 Annex I to Regulation (EU) No 458/2011 is amended in accordance with Annex V to this Regulation. Article 14 Validity and extension of approvals granted under Directives repealed by Regulation (EC) 661/2009 National authorities shall permit the sale and entry into service of vehicles, components and separate technical units, in line with Article 13(14) of Regulation (EC) No 661/2009, typeapproved before the date referred to in Article 13, paragraph 2 of that Regulation, and continue to grant extension of approvals to those vehicles, components and separate technical units under the terms of the Directives repealed by that Regulation, in accordance with the table provided in the Appendix to Annex IV as amended by this Regulation. Article 15 Transitional provisions of UNECE Regulations The specified dates in the transitional provisions, concerning first registration, entry into service, sale, making available on the market or similar provisions provided in UNECE Regulations listed in Annex IV of Regulation (EC) 661/2009, apply on a compulsory basis, save where alternate dates are provided in Regulation (EC) 661/2009, as amended. Where such compulsory UNECE Regulation lays down in its transitional provisions that as from a specified date, Contracting Parties applying a certain series of amendments to that Regulation shall not be obliged to accept, for the purpose of national or regional type approval, a vehicle type approved to a previous series of amendments to that UNECE Regulation, or transitional provisions with equal meaning, with effect from the specified date, national authorities shall, on grounds relating to the subject matter covered by the relevant UNECE Regulation, consider the certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC and shall prohibit the registration, sale and entry into service of vehicles which do not comply with the relevant provisions of said amendment to that UNECE Regulation. EN 8 EN

9 Article 16 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Commission Member of the Commission EN 9 EN