Explanatory Memorandum to COM(2010)395 - Approval of agricultural or forestry vehicles - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2010)395 - Approval of agricultural or forestry vehicles. |
|---|---|
| source | COM(2010)395  |
| date | 23-07-2010 |
- Grounds for and objectives of the proposal
The objective of the proposal is 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. Existing legislation will be replaced in order to align it with the principles of Better Regulation and Simplification. The proposal aims at enhancing the safety of vehicles by introducing requirements for all categories of agricultural and forestry vehicles. Finally, the proposal contributes to the competitiveness of the industry by simplifying the existing vehicle type-approval legislation, improving transparency and easing administrative burden.
General context 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. 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. The Commission in its Communication on “A Competitive Automotive Regulatory Framework for the 21st Century”[1] welcomed the recommendation from the CARS 21 report i to simplify the current whole vehicle type-approval regulatory framework. Following this recommendation, the 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 Council and Parliament Regulation.
Existing provisions in the area of the proposal 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. The draft proposal and its implementing and delegated acts will carry over the existing requirements laid down in the above acts. Compared to the existing acts, the regulation will lay down new requirements on one advanced safety measure, namely anti-lock braking systems, together with some further updates in the braking requirements like shorter braking distances and the introduction of hydrostatic systems. In addition, the proposal will introduce requirements on a series of technical aspects for those vehicle categories for which they are not yet defined under Directive 2003/37/EC, at a level similar to what exists today in the Directives referred to above. Consistency with the other policies and objectives of the Union The proposal is consistent with the EU objective to make roads safer as outlined, in particular, in the White Paper on European Transport Policy i. This was adopted by the Commission in 2001 and provides an umbrella for the European Road Safety Action Programme. Furthermore, 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. Finally, the proposal is consistent with the EU strategy for the simplification of the regulatory environment as announced in the Commission's Communication on “Updating and simplifying the Community acquis”[4] which identifies the type-approval system for motor vehicles as a priority area for simplification of Community legislation.
Contents
Consultation of interested parties
Consultation methods, main sectors targeted and general profile of respondents In developing the proposal the Commission has consulted stakeholders in a number of ways: There was a general internet consultation, covering all aspects of the proposal. Reactions were received from Member States (ministries), tractor manufacturers (European and national representatives and individual companies) and component manufacturers, transport organisations and user representation. In the context of the Impact Assessment study an external consultant invited some 200 stakeholders to contribute and send in comments. In addition a meeting was held with interested parties. The proposal has been discussed in several meetings of the Commission’s Working Group on Agricultural Tractors.
Summary of responses and how they have been taken into account During the internet consultation, a number of issues were raised by stakeholders. The impact assessment that accompanies this proposal provides a full account of the substantive issues raised and discusses how they have been taken into consideration.
An open consultation was conducted over the internet from 3/07/2008 to 12/09/2008. The Commission received 19 responses. The results are available on ec.europa.eu/enterprise/automotive/consultation
Scientific/expertise domains concerned The proposal required the assessment of different policy options as well as the associated economic, societal and environmental impacts.
Methodology used The consultant, TRL ltd., sent an enquiry to all relevant stakeholders (public authorities, manufacturing industry and users organisations); a draft report was discussed in a meeting with those interested, which resulted in further contributions.
Means used to make the expert advice publicly available The TRL report is available on the DG Enterprise and Industry website.
Impact assessment For each of the main aspects of the proposal, different options were considered: 1. 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 Co-Decision Regulation and a limited number of thematic delegated and implementing acts. This is the retained option. 2. 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 retained option since it would maximise the advantages of simplification at the benefit, in particular, of national authorities and industry. 3. Completion of the internal market a) No change in policy. This would mean that bit-by-bit the package as foreseen 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). The Commission carried out an impact assessment listed in the Work Programme; the report is accessible on [CIRCA WEBPAGE] 3. LEGAL ELEMENTS OF THE PROPOSAL Summary of the proposed action The proposal significantly simplifies the agricultural vehicle type-approval system with respect to the technical requirements on safety and emissions by repealing 24 Directives. The proposal will, through the delegated acts foreseen herein, 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. Legal basis The legal basis of the proposal is Article 114 of the Treaty on the Functioning of the European Union. Subsidiarity principle The subsidiarity principle applies since the proposal does not fall under the exclusive competence of the Union. The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reasons. In order to allow for an EU vehicle type approval system, the technical requirements for the type-approval of motor vehicles with regard to safety and environmental elements must be harmonised at Union level. Action by Member States alone would not allow for an EU whole vehicle type-approval system. European Union action is necessary because of the need to avoid the emergence of barriers to the single market. Union action will better achieve the objectives of the proposal because it will avoid fragmentation of the internal market which would otherwise arise and will enhance the safety and environmental performance of vehicles. The proposal therefore complies with the subsidiarity principle. Proportionality principle The proposal complies with the proportionality principle for the following reasons. As shown in the impact assessment, the proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the objectives of ensuring the proper functioning of the internal market while at the same time providing for a high level of public safety and environmental protection. The simplification of the regulatory environment will significantly contribute to the reduction of administrative costs for national authorities and industry. Choice of instruments Proposed instruments: regulation. Other means would not be adequate for the following reasons. The use of a Regulation is considered to be appropriate in providing the required assurance for compliance whilst not requiring the transposition into Member States' legislation. The proposal uses the “split-level approach” that has originally been 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 foresees legislation in two steps: first, 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; secondly, 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. 4. Budgetary implication The proposal has no implication for the Community budget. 5. Additional information Simulation, pilot phase and transitory period There is a general transitory period in the proposal in order to allow sufficient lead time for vehicle and component manufacturers and administrations. Simplification The proposal provides for simplification of legislation. 24 Directives on the type-approval of vehicles will be repealed. The proposal provides for simplification of administrative procedures for public authorities. The proposal is included in the Commission's rolling programme for up-date and simplification of the ‘acquis communautaire’ and it's Legislative Work Programme under the reference 2009/ENTR/001. Repeal of existing legislation The adoption of the proposal will lead to the repeal of existing legislation. European Economic Area The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.