Explanatory Memorandum to COM(2018)289 - Amendment of and correcting Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles - Main contents
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| dossier | COM(2018)289 - Amendment of and correcting Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry ... |
|---|---|
| source | COM(2018)289  |
| date | 16-05-2018 |
1. CONTEXT OF THE PROPOSAL
Reasons for and objectives of the proposal
The term ‘agricultural and forestry vehicles’ covers a wide range of different vehicle types with at least two axles, e.g. narrow-track tractors, extra-wide tractors, track-laying tractors, trailers and interchangeable towed equipment such as rollers, tillers, seed drills.
Type-approval requirements applying to agricultural and forestry vehicles are set out in Directive 2003/37/EC 1 and its implementing Directives, which have been repealed with effect from 1 January 2016 and replaced by Regulation (EU) No 167/2013 2 and its four delegated acts and one implementing act.
Regulation (EU) No 167/2013 sets out the general fundamental provisions on functional safety, occupational safety and environmental performance. It empowers the Commission to lay down the corresponding detailed technical requirements, test procedures and limit values, where applicable, in four delegated acts on (i) occupational safety (vehicle construction requirements); (ii) functional safety; (iii) braking; and (iv) environmental and propulsion performance. These four delegated acts were published in the OJEU between December 2014 and February 2015.
Regulation (EU) No 167/2013 limited the power of the Commission to adopt delegated acts to a period of 5 years, which will expire on 21 March 2018. As there is a continuous need to update elements of these delegated acts to technical progress or to introduce other amendments in line with the Commission empowerment, the draft proposal also amends Article 71(2) of Regulation (EU) No 167/2013 to provide for the power to adopt delegated acts of another 5 years with the possibility for tacit extension.
In addition, certain terms and editorial errors in Regulation (EU) No 167/2013 need to be corrected as well as a limited number of points upgraded to technical progress following the first implementation period of these acts.
Since the type-approval requirements in Regulation (EU) No 167/2013 have already been applicable on a mandatory basis since 1 January 2016, this act is proposed for adoption at the earliest possible date and, contrary to most type-approval acts, does not provide for a separate application date.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis of this act is the same as that of the act to be amended, Article 114 of the Treaty on the Functioning of the European Union.
• Subsidiarity
Regulation (EU) No 167/2013 lays down EU type-approval requirements with a view to achieving total harmonisation of provisions at EU level. Any corrections and amendments to Regulation (EU) No 167/2013 can therefore only be done by the Union. This does not only prevent fragmentation of the internal market, but also ensures equal environmental and safety standards across the Union. It also offers advantages of economies of scale: products can be made for the entire Union market, instead of being customised to obtain national type-approval for every single Member State.
This proposal therefore complies with the subsidiarity principle.
• Proportionality
Regulation (EU) No 167/2013, which contains the EU type-approval requirements, is based on the principle of total harmonisation. The corrections and amendments to be included in the requirements of Regulation (EU) No 167/2013 on the basis of the findings during the first implementation period are therefore considered the most suitable ones to achieve the objective outlined in recital 11 of Regulation (EU) No 167/2013, namely to set out the technical requirements for achieving a high level of vehicle safety and environmental performance.
• Choice of the instrument
The use of a Regulation is considered to be appropriate because it amends the existing Regulation.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
The Commission wishes to upgrade to technical progress Regulation (EU) No 167/2013 by updating certain requirements and correcting certain editorial errors following feedback received by stakeholders and Member States in the first implementation period. More precisely, this act introduces clarifications to two definitions of tractor categories and corrects certain terms important for the uniform application of the Regulation without possible interpretations as well as the references to a repealed legislative act.
It also extends the power conferred on the Commission to adopt delegated acts for 5 more years and sets out its tacit renewal, unless the Council or the European Parliament expressly object to it. The Commission has already received requests from stakeholders and Member States to extend this power.
• Stakeholder consultations
The Commission informed the participants of the Working Group on Agricultural Tractors (WGAT) on 13 June 2017 about its intention to submit this proposal and briefly explained its content and context. Although there was no possibility for feedback due to the ongoing political validation procedure at the time of the WGAT, there has been no reaction to date from industry stakeholders, approval authorities, technical services or social partners. However, the provisions of the enclosed act are based on corresponding requests made by Member States and stakeholders. It is expected that they will therefore support the enclosed draft document in the planned discussions on it in the first and second quarter of 2018, in parallel with the Interservice Consultation.