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EN

2.3.2013 Official Journal of the European Union L 60/1

I

(Legislative acts)

REGULATIONS

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 and forestry vehicles

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE

EUROPEAN UNION,

principle of total harmonisation, while at the same time

taking due account of cost-benefit considerations, with

special attention given to small and medium-sized enter­

prises.

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national

Parliaments,

Having regard to the opinion of the European Economic and

Social Committee (

1

),

Acting in accordance with the ordinary legislative procedure (

2

),

Whereas:

order to promote the internal market, a compre­

(1)

In

(4)

The requirements of this Regulation are in accordance

(3)

Following the request of the European Parliament and

with the aim of simplifying and accelerating the

adoption of type-approval legislation, a new regulatory

approach has been introduced in Union vehicle type-

approval legislation in accordance with which the

legislator in the ordinary legislative procedure sets out

the fundamental rules and principles only and delegates

the power to adopt delegated acts concerning further

technical details to the Commission. With regard to

substantive requirements, this Regulation should

therefore lay down only fundamental provisions on func­

tional safety, occupational safety and environmental

performance and delegate to the Commission the

power to lay down the technical specifications in

delegated acts.

hensive Union type-approval system for tractors, their

trailers and interchangeable towed equipment was estab­

lished by 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 (

3

).

with the principles enshrined in the Commission

Communication of 5 June 2002 entitled ‘Action plan

“Simplifying and improving the regulatory environment”’.

(5)

It is of particular importance that future measures

(2)

For the purposes of the development and operation of

the internal market of the Union, it is appropriate to

replace the approval systems of the Member States

with a Union type-approval procedure based on the

(

1

) OJ C 54, 19.2.2011, p. 42.

(

2

) Position of the European Parliament of 20 November 2012 (not yet

published in the Official Journal) and decision of the Council of

28 January 2013.

(

3

) OJ L 171, 9.7.2003, p. 1.

proposed on the basis of this Regulation or procedures

to be implemented in application of it comply with the

principles which have been restated in the report

published by the Commission in 2006 entitled ‘CARS

21: A Competitive Automotive Regulatory System for

the 21st century’ (‘CARS 21’). In particular, for the

purposes of better regulation and simplification and in

order to avoid constant updating of existing Union legis­

lation on issues of technical specifications, this Regu­

lation should make reference to existing international

standards and regulations which are available to the

public without reproducing them in the Union legal

framework.

L 60/2

EN

Official Journal of the European Union 2.3.2013

(6)

Since neither Directive 97/68/EC of the European

of the Council of 9 July 2008 setting out the

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 (

1

Parliament and of the Council of 17 May 2006 on

) and Directive 2006/42/EC of the European

machinery (

2

and construction requirements to ensure safety on the

) nor this Regulation provide for design

road of self-propelled non-road mobile machinery

intended for use in particular in agriculture and

forestry, the Commission should assess the need for

harmonising the laws of the Member States in that

area and consider proposing a legislative measure in

order to ensure a high level of safety, taking into

account existing Union legislation.

(7)

This

at national or Union level regarding the use of agri

Regulation should be without prejudice to measures

cultural and forestry vehicles on the road, such as

­

specific driver’s licence requirements, limitations of

maximum speed or measures regulating the access to

certain roads.

(8)

Directive 2003/37/EC in a first stage limited the

mandatory application of the EC whole-vehicle type-

approval procedure to the vehicle categories T1, T2

and T3 and did not provide for all requirements

necessary in order to apply for EC whole-vehicle type-

approval on a voluntary basis for other categories. In

order to complete the internal market and to ensure

that it functions properly, this Regulation should allow

manufacturers to apply for EU whole-vehicle type-

approval for all categories covered by this Regulation

on a voluntary basis, thereby enabling them to benefit

from the advantages of the internal market by means of

the EU type-approval.

(9)

Directive

type-approval of all-terrain vehicles and side-by-side

2003/37/EC provided for the EC whole-vehicle

vehicles as tractors. Those vehicle types should

therefore also be covered by this Regulation, provided

that the type of vehicle concerned falls within a vehicle

category as referred to in this Regulation and complies

with all requirements of this Regulation.

(10)

The

market surveillance provisions of this Regulation are

national authorities’ obligations laid down in the

more specific than the corresponding provisions of Regu

lation (EC) No 765/2008 of the European Parliament and

­

(

1

(

2

) OJ L 59, 27.2.1998, p. 1.

) OJ L 157, 9.6.2006, p. 24.

requirements for accreditation and market surveillance

relating to the marketing of products (

3

).

(11)

In order to ensure a high level of functional safety, occu

pational safety and environmental protection, the

­

technical requirements and environmental standards

applicable to vehicles, systems, components and

separate technical units with regard to type-approval

should be harmonised.

(12)

It is appropriate to establish 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. For that purpose, it is necessary that

manufacturers ensure that vehicles comply with the

relevant requirements set out in this Regulation. Those

provisions should include, but not be limited to,

requirements relating to vehicle structural integrity,

systems to aid the driver’s control of the vehicle,

systems to provide the driver with visibility and

information on the state of the vehicle and the

surrounding area, vehicle lighting systems, vehicle

occupant protection systems, the vehicle exterior and

accessories, vehicle masses and dimensions and vehicle

tyres.

(13)

In

conformity of production, which is one of the corner

order to ensure that the procedure for monitoring

stones of the EU type-approval system, has been correctly

­

implemented and functions properly, manufacturers

should be regularly checked by a competent authority

or by an appropriately qualified technical service

designated for that purpose.

(14)

In

national small series type-approval. That should,

certain limited cases, it is appropriate to allow for

however, be restricted to limited numbers of vehicles.

Therefore it is necessary to define precisely the concept

of small series in terms of the number of vehicles to be

produced.

(15)

The

of vehicles is to ensure that new vehicles, components

main objective of Union legislation on the approval

and separate technical units placed on the market provide

a high level of safety and environmental protection. That

objective should not be impaired by the fitting of certain

parts or equipment after vehicles have been placed on the

market or have entered into service. Thus, appropriate

(

3

) OJ L 218, 13.8.2008, p. 30.