3 Vehicle type approval
| (31841)
12604/10
+ADDs 1-2
COM (10) 395
| Draft regulation (EU) No …/… on the approval of agricultural or forestry vehicles
|
| Legal base | Article 114 TFEU; co-decision; QMV
|
| Document originated | 23 July 2010
|
| Deposited in Parliament | 30 July 2010
|
| Department | Transport
|
| Basis of consideration | EM of 7 September 2010
|
| Previous Committee Report | None
|
| To be discussed in Council | Not known
|
| Committee's assessment | Politically important
|
| Committee's decision | Not cleared, further information requested
|
Background
3.1 The Commission's 2006 initiative CARS 21 (Competitive Automotive
Regulatory System for the 21st Century) recommended simplification
of the current whole vehicle type approval regulatory framework.
3.2 The existing EU regulatory structure for type
approval for agricultural and forestry vehicles has evolved over
the past thirty-five years and currently consists of a framework
Directive, Directive 2003/37/EC, 23 separate Directives and many
amending Directives. This means that the industry and regulators
must currently be aware of around 60 Directives and ensure that
they are correctly transposed into national law or applied as
appropriate — this is considered to be a costly, burdensome
process.
The document
3.3 This draft Regulation follows on from the CARS
21 recommendation. The aim is to significantly simplify the agricultural
and forestry vehicle type approval legislation by replacing the
existing regulatory structure with this Regulation and, under
powers to be delegated to the Commission, four implementing Regulations.
That is, in common with other legislation in the area of EU type
approval, there would be a 'split-level approach'. The two levels
would be:
- fundamental provisions to be
laid down in this draft Regulation; and
- technical specifications implementing the fundamental
provisions to be laid down at a later date, by the Commission
assisted by a technical committee, in delegated legislation.
3.4 The new Regulations would be directly applicable
and so would not require transposition into national law.
3.5 The draft Regulation sets out the first step
— the fundamental provisions for the type approval of agricultural
and forestry tractors, their trailers, towed equipment and mobile
machinery, their components and separate technical units. The
Regulation would repeal the existing framework Directive 2003/37/EC,
the 23 existing separate Directives and their amendments and set
out the fundamental road safety, occupational safety and environmental
performance requirements that would apply, including the acceptance
of approvals to other international standards (commonly UN-ECE
standards). It would extend EU whole vehicle type approval to
all categories of tractor and require trailers, towed equipment
and mobile machinery to be approved either to the EU system or
a national scheme. However, the intention is to allow manufacturers
to choose whether to apply for:
- EU whole vehicle type approval;
or
- national type approval (if such requirements
exist in the Member State where the vehicle is to be supplied);
or
- not to apply for an approval at all if the Member
State does not require national type approval (Member States could
however require manufacturers to self-certify to national standards).
3.6 Vehicles having an EU approval would have to
be accepted for entry into service throughout the EU, so manufacturers
would need only to have each type of vehicle approved once for
that vehicle to have access to the whole single market.
3.7 Allowing manufacturers to choose means that they
could opt for the national requirements that apply in the market
they wished to supply. National type approval schemes less onerous
than full EU type approval would be permitted, but only if suitable
alternative requirements were laid down. However, vehicles approved
under national schemes would not necessarily be accepted for registration,
sale or entry into service in other Member States.
3.8 The draft Regulation would maintain current construction
standards except for braking systems, where new mandatory requirements
are to be set for:
- the mandatory fitting of anti-lock
braking systems on some tractors and their trailers suitable for
speeds above 40 km/h (24.85 mph);
- shorter braking distances; and
- improved compatibility between tractors and trailers
or towed equipment.
3.9 Details of these requirements would be in the
delegated legislation.
3.10 The draft Regulation would require manufacturers
to:
- make freely available training
material;
- provide standardised access to vehicle repair
and maintenance information; and
- make available, on a non-discriminatory basis,
the relevant on-board diagnostic and vehicle repair and maintenance
information to any interested component, diagnostic tools or test
equipment manufacturer.
The Government's view
3.11 The Parliamentary Under-Secretary of State,
Department for Transport (Mike Penning) says that the Government
is still considering the policy implications of this proposal,
but it has a number of initial comments. He comments that the
Government welcomes the principle of simplification, but feels
that making a precise assessment of the impact of the proposal
is difficult without details of the new requirements for braking
systems and clarification of whether the proposal:
- requires mandatory EU whole
vehicle type approval for all tractors; and
- gives manufacturers of trailers, towed equipment
and mobile machinery a choice between EU whole vehicle type approval,
national type approval or no approval (currently, the UK does
not require or offer national type approval for these vehicles
but requires manufacturers to self-certify to national standards).
3.12 The Minister adds that the Government will seek
clarification from the Commission and request that any notable
impact not accounted for, in impact assessment accompanying the
proposal, is assessed before the draft Regulation is agreed. He
says also, about the Commission's impact assessment, that this
relates to the introduction of the new legislation on an EU level.
So, in order to determine the impact of the new Regulation on
the UK, the Department for Transport will prepare a UK impact
assessment. The Government is also planning a public consultation
on the proposal.
3.13 The Minister comments further that:
- the draft Regulation, through
the proposed delegated legislation, would require mandatory fitment
of anti-lock braking systems to the faster agricultural vehicles,
which would harmonise EU construction requirements with those
currently applied in the UK;
- the requirement for braking systems that shorten
stopping distances and improve compatibility between tractors
and trailers or towed equipment should improve road safety, but
may impose costs upon the sector;
- allowing manufacturers to obtain type approval
for tractors, trailers, towed equipment and mobile machinery should
increase buyer confidence in their vehicles meeting appropriate
safety and environmental standards and being compatible with each
other;
- initial views from representatives of the agricultural
community are favourable, subject to the clarification of the
proposal and suitable lead times;
- representatives of those who produce and use
agricultural quadricycles (for example some quad bikes and side-by-sides
designed for farming purposes) would like to see specific provisions
for these vehicles included in the proposal;
- the proposal includes a number of provisions,
such as access to repair and maintenance information, which would
implement for agricultural vehicles the requirements that apply
to other vehicles (for example cars, buses and goods vehicles)
—this needs to be explored further as these provisions may
not be suitable for agricultural vehicles;
- the proposal, by introducing requirements for
occupational safety for mobile machinery, may contain provisions
that are in conflict with the Machinery Directive, Directive 2006/42/EC
(as amended) — the Government will seek clarification from
the Commission that this is not the case; and
- whilst the new Regulation would be directly applicable
to Member States and not in itself require transposition into
national law, the revoked Directives would need to be repealed
and effective enforcement methods and a national alternative to
EU whole vehicle type approval might need to be provided —
this might require national regulations to be implemented.
Conclusion
3.14 Whilst the aim to simplify the legislation
on whole vehicle type approval for the agricultural and forestry
sector is laudable, we note the Minister's initial caution about
the detail of the draft Regulation. So before considering the
proposal further we should like to hear about:
- the Government's further
consideration of the policy implications;
- the outcome of the clarifications it is seeking;
- the results of its impact assessment; and
- the outcome of its public consultation.
3.15 Meanwhile the document remains under scrutiny.
|
