167-2013 Regulation

2.3.
2013 EN 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 principle of total harmonisation, while at the same time
EUROPEAN UNION, 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,
(3) Following the request of the European Parliament and

Having regard to the proposal from the European Commission, with the aim of simplifying and accelerating the
adoption of type-approval legislation, a new regulatory
approach has been introduced in Union vehicle type-
After transmission of the draft legislative act to the national approval legislation in accordance with which the
Parliaments, legislator in the ordinary legislative procedure sets out
the fundamental rules and principles only and delegates
the power to adopt delegated acts concerning further
Having regard to the opinion of the European Economic and technical details to the Commission. With regard to
Social Committee (1), 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
Acting in accordance with the ordinary legislative procedure (2), power to lay down the technical specifications in
delegated acts.
Whereas:
(4) The requirements of this Regulation are in accordance

(1) In order to promote the internal market, a compre with the principles enshrined in the Commission
hensive Union type-approval system for tractors, their Communication of 5 June 2002 entitled ‘Action plan
trailers and interchangeable towed equipment was estab “Simplifying and improving the regulatory environment”’.
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 (5) It is of particular importance that future measures
units (3). 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
(2) For the purposes of the development and operation of published by the Commission in 2006 entitled ‘CARS
the internal market of the Union, it is appropriate to 21: A Competitive Automotive Regulatory System for
replace the approval systems of the Member States the 21st century’ (‘CARS 21’). In particular, for the
with a Union type-approval procedure based on 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
(1) OJ C 54, 19.2.2011, p. 42.
lation should make reference to existing international
(2) Position of the European Parliament of 20 November 2012 (not yet
published in the Official Journal) and decision of the Council of standards and regulations which are available to the
28 January 2013. public without reproducing them in the Union legal
(3) OJ L 171, 9.7.2003, p. 1. 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 requirements for accreditation and market surveillance
on the approximation of the laws of the Member relating to the marketing of products (3).
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) and Directive 2006/42/EC of the European
Parliament and of the Council of 17 May 2006 on (11) In order to ensure a high level of functional safety, occu
machinery (2) nor this Regulation provide for design pational safety and environmental protection, the
and construction requirements to ensure safety on the technical requirements and environmental standards
road of self-propelled non-road mobile machinery applicable to vehicles, systems, components and
intended for use in particular in agriculture and separate technical units with regard to type-approval
forestry, the Commission should assess the need for should be harmonised.
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.
(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
(7) This Regulation should be without prejudice to measures manufacturers ensure that vehicles comply with the
at national or Union level regarding the use of agri relevant requirements set out in this Regulation. Those
cultural and forestry vehicles on the road, such as provisions should include, but not be limited to,
specific driver’s licence requirements, limitations of requirements relating to vehicle structural integrity,
maximum speed or measures regulating the access to systems to aid the driver’s control of the vehicle,
certain roads. 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
(8) Directive 2003/37/EC in a first stage limited the tyres.
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 (13) In order to ensure that the procedure for monitoring
order to complete the internal market and to ensure conformity of production, which is one of the corner
that it functions properly, this Regulation should allow stones of the EU type-approval system, has been correctly
manufacturers to apply for EU whole-vehicle type- implemented and functions properly, manufacturers
approval for all categories covered by this Regulation should be regularly checked by a competent authority
on a voluntary basis, thereby enabling them to benefit or by an appropriately qualified technical service
from the advantages of the internal market by means of designated for that purpose.
the EU type-approval.
(14) In certain limited cases, it is appropriate to allow for

(9) Directive 2003/37/EC provided for the EC whole-vehicle national small series type-approval. That should,
type-approval of all-terrain vehicles and side-by-side however, be restricted to limited numbers of vehicles.
vehicles as tractors. Those vehicle types should Therefore it is necessary to define precisely the concept
therefore also be covered by this Regulation, provided of small series in terms of the number of vehicles to be
that the type of vehicle concerned falls within a vehicle produced.
category as referred to in this Regulation and complies
with all requirements of this Regulation.
(15) The main objective of Union legislation on the approval

of vehicles is to ensure that new vehicles, components
(10) The national authorities’ obligations laid down in the and separate technical units placed on the market provide
market surveillance provisions of this Regulation are a high level of safety and environmental protection. That
more specific than the corresponding provisions of Regu objective should not be impaired by the fitting of certain
lation (EC) No 765/2008 of the European Parliament and parts or equipment after vehicles have been placed on the
market or have entered into service. Thus, appropriate
(1) OJ L 59, 27.2.1998, p. 1.
(2) OJ L 157, 9.6.2006, p. 24. (3) OJ L 218, 13.8.2008, p. 30.
2.3.2013 EN Official Journal of the European Union L 60/3
measures should be taken in order to make sure that (19) As an alternative, reference could be made in the
parts or equipment which can be fitted to vehicles and delegated acts to Codes established by the Organisation
which are capable of significantly impairing the func for Economic Cooperation and Development (OECD) or
tioning of systems that are essential in terms of safety to CEN/Cenelec or ISO standards which are directly
or environmental protection, are subject to prior control available to the public and referenced therein.
by an approval authority before they are placed on the
market. Those measures should consist of technical
provisions concerning the requirements that those parts
or equipment have to comply with.
(20) It is important that manufacturers supply relevant
information to vehicle owners in order to prevent
misuse of safety devices.
(16) Such measures should only apply to a limited number of

parts and equipment, the list of which should be estab
lished by the Commission in an implementing act after it (21) In order to allow manufacturers of components or
has consulted the stakeholders. The measures should separate technical units to apply for EU type-approval
ensure that the parts or equipment in question do not for components or separate technical units or for auth
impair the safety or environmental performance of the orisation for parts or equipment, it is also important for
vehicle, while at the same time preserving wherever these manufacturers to have access to certain information
possible competition in the aftermarket. that is available only from the vehicle manufacturer, such
as the technical information, including drawings, required
for the development of parts for the aftermarket.
(17) The Union is a contracting party of the Agreement of the

United Nations Economic Commission for Europe (22) Non-discriminatory access to vehicle repair information,
concerning the adoption of uniform technical via a standardised format which can be used to retrieve
prescriptions for wheeled vehicles, equipment and parts the technical information, and effective competition on
which can be fitted to and/or used on wheeled vehicles the market for vehicle repair and maintenance
and the conditions for reciprocal recognition of information services are necessary to improve the func
approvals granted on the basis of these prescriptions tioning of the internal market, particularly as regards the
(‘Revised 1958 Agreement’) (1). In order to simplify the free movement of goods, the freedom of establishment
type-approval legislation in line with the recommen and the freedom to provide services. A great proportion
dations of CARS 21, it is appropriate to repeal all of such information is related to on-board diagnostic
separate Directives without reducing the level of systems and their interaction with other vehicle
protection. The requirements set out in those Directives systems. It is appropriate to lay down technical specifi
should be carried over to this Regulation or the delegated cations that the websites of the manufacturers should
acts adopted pursuant to this Regulation and should be follow, along with targeted measures to ensure
replaced, where appropriate, with references to the reasonable access for small and medium-sized enterprises.
corresponding United Nations Economic Commission
for Europe (UNECE) regulations which the Union has
voted in favour of or to which the Union has acceded
and which are annexed to the Revised 1958 Agreement.
To reduce the administrative burden of the type-approval (23) Vehicle manufacturers should also be permitted to fulfil
process, vehicle manufacturers should be allowed to seek their obligations to grant access to repair and main
type-approval in accordance with this Regulation, where tenance information on the communication protocols
appropriate, directly by means of obtaining approval to between tractors and towed or mounted equipment, as
the relevant UNECE regulations referred to in Annex I or defined in ISO 11783, by providing on the manufac
the delegated acts adopted pursuant to this Regulation. turer’s website a link to a website set up jointly by
several manufacturers or a consortium of manufacturers.
(18) Consequently, UNECE regulations and the amendments (24) In order to ensure uniform conditions for the implemen
thereto on which the Union has voted in favour, in tation of this Regulation, implementing powers should be
application of Decision 97/836/EC, should be incor conferred on the Commission. Those powers should
porated within the EU type-approval legislation. Accord be exercised in accordance with Regulation (EU)
ingly, the power should be delegated to the Commission No 182/2011 of the European Parliament and of the
to adopt the necessary adaptations to Annex I to this Council of 16 February 2011 laying down the rules
Regulation or the delegated acts adopted pursuant to and general principles concerning mechanisms for
this Regulation. control by Member States of the Commission’s exercise
of implementing powers (2).
(1) Council Decision 97/836/EC of 27 November 1997 (OJ L 346,
17.12.1997, p. 78). (2) OJ L 55, 28.2.2011, p. 13.
(25) In order to supplement this Regulation with further — Council Directive 77/537/EEC of 28 June 1977 on
technical details, the power to adopt acts in accordance the approximation of the laws of the Member States
with Article 290 of the Treaty on the Functioning of the relating to the measures to be taken against the
European Union should be delegated to the Commission emission of pollutants from diesel engines for use
in respect of functional safety, construction requirements, in wheeled agricultural or forestry tractors (4),
environmental and propulsion performance, access to
repair and maintenance information and appointment
and specific authorised tasks of technical services. It is — Council Directive 78/764/EEC of 25 July 1978 on
of particular importance that the Commission carry out the approximation of the laws of the Member
appropriate consultations during its preparatory work, States relating to the driver’s seat on wheeled agri
including at expert level. The Commission, when cultural or forestry tractors (5),
preparing and drawing up delegated acts, should ensure
a simultaneous, timely and appropriate transmission of
relevant documents to the European Parliament and to
the Council. — Council Directive 80/720/EEC of 24 June 1980 on
the approximation of the laws of the Member States
relating to the operating space, access to the driving
position and the doors and windows of wheeled agri
(26) Member States should lay down rules on penalties cultural or forestry tractors (6),
applicable to infringements of this Regulation and the
delegated or implementing acts adopted pursuant to
this Regulation and ensure that they are implemented. — Council Directive 86/297/EEC of 26 May 1986 on
Those penalties should be effective, proportionate and the approximation of the laws of the Member States
dissuasive. relating to the power take-offs of wheeled agricultural
and forestry tractors and their protection (7),
(27) While nothing in this Regulation prevents Member States

from continuing to apply their respective individual — Council Directive 86/298/EEC of 26 May 1986 on
approval systems, the Commission should report to the rear-mounted roll-over protection structures of
European Parliament and the Council on the operation of narrow-track wheeled agricultural and forestry trac
these national systems, based on information provided by tors (8),
Member States, in order to reconsider the question of
whether to submit a legislative proposal for the harmon
isation of the individual approval system at Union level.
— Council Directive 86/415/EEC of 24 July 1986 on
the installation, location, operation and identification
of the controls of wheeled agricultural or forestry
(28) As a consequence of the application of the new regu tractors (9),
latory system set in place by this Regulation, the
following Directives should be repealed:
— Council Directive 87/402/EEC of 25 June 1987 on
roll-over protection structures mounted in front of
— Directive 2003/37/EC, the driver’s seat on narrow-track wheeled agricultural
and forestry tractors (10),
— Council Directive 74/347/EEC of 25 June 1974 on

the approximation of the laws of the Member States — Directive 2000/25/EC of the European Parliament
relating to the field of vision and windscreen wipers and of the Council of 22 May 2000 on action to
for wheeled agricultural or forestry tractors (1), be taken against the emission of gaseous and
particulate pollutants by engines intended to power
agricultural or forestry tractors (11),
— Council Directive 76/432/EEC of 6 April 1976 on

the approximation of the laws of the Member — Directive 2009/57/EC of the European Parliament
States relating to the braking devices of wheeled agri and of the Council of 13 July 2009 relating to the
cultural or forestry tractors (2), roll-over protection structures of wheeled agricultural
or forestry tractors (12),
— Council Directive 76/763/EEC of 27 July 1976 on (4 ) OJ L 220, 29.8.1977, p. 38.

the approximation of the laws of the Member (5 ) OJ L 255, 18.9.1978, p. 1.
States relating to passenger seats for wheeled agri (6 ) OJ L 194, 28.7.1980, p. 1.
cultural or forestry tractors (3), (7 ) OJ L 186, 8.7.1986, p. 19.
(8 ) OJ L 186, 8.7.1986, p. 26.
(9 ) OJ L 240, 26.8.1986, p. 1.
(1) OJ L 191, 15.7.1974, p. 5. (10) OJ L 220, 8.8.1987, p. 1.
(2) OJ L 122, 8.5.1976, p. 1. (11) OJ L 173, 12.7.2000, p. 1.
(3) OJ L 262, 27.9.1976, p. 135. (12) OJ L 261, 3.10.2009, p. 1.
— Directive 2009/58/EC of the European Parliament — Directive 2009/76/EC of the European Parliament
and of the Council of 13 July 2009 on the and of the Council of 13 July 2009 relating to the
coupling device and the reverse of wheeled agri driver-perceived noise level of wheeled agricultural or
cultural or forestry tractors (1), forestry tractors (10),
— Directive 2009/59/EC of the European Parliament

and of the Council of 13 July 2009 on rear-view — Directive 2009/144/EC of the European Parliament
mirrors for wheeled agricultural or forestry trac and of the Council of 30 November 2009 on
tors (2), certain components and characteristics of wheeled
agricultural or forestry tractors (11).
— Directive 2009/60/EC of the European Parliament

and of the Council of 13 July 2009 on the
maximum design speed of and load platforms for
(29) It is important for all stakeholders to establish a clear
wheeled agricultural or forestry tractors (3),
understanding of the relationship between this Regu
lation and Directive 2006/42/EC, in order to avoid over
lapping and clearly establish which requirements a
— Directive 2009/61/EC of the European Parliament specific product needs to fulfil.
and of the Council of 13 July 2009 relating to the
installation of lighting and light-signalling devices on
wheeled agricultural and forestry tractors (4),
(30) Since the objectives of this Regulation, namely to lay
down harmonised rules on the administrative and
— Directive 2009/63/EC of the European Parliament technical requirements for the type-approval and on
and of the Council of 13 July 2009 on certain market surveillance of agricultural and forestry vehicles,
parts and characteristics of wheeled agricultural or cannot be sufficiently achieved by the Member States,
forestry tractors (5), and can therefore, by reason of their scale and effects,
be better achieved at Union level, the Union may adopt
measures in accordance with the principle of subsidiarity,
— Directive 2009/64/EC of the European Parliament as set out in Article 5 of the Treaty on European Union.
and of the Council of 13 July 2009 on the In accordance with the principle of proportionality, as set
suppression of radio interference produced by agri out in that Article, this Regulation does not go beyond
cultural or forestry tractors (electromagnetic compati what is necessary in order to achieve those objectives,
bility) (6),
— Directive 2009/66/EC of the European Parliament HAVE ADOPTED THIS REGULATION:

and of the Council of 13 July 2009 on the steering
equipment of wheeled agricultural or forestry trac
tors (7),
CHAPTER I
— Directive 2009/68/EC of the European Parliament SUBJECT MATTER, SCOPE AND DEFINITIONS
and of the Council of 13 July 2009 on the
Article 1
component type-approval of lighting and light-
signalling devices on wheeled agricultural or forestry Subject matter
tractors (8),
1. This Regulation establishes the administrative and
technical requirements for the type-approval of all new
vehicles, systems, components and separate technical units
— Directive 2009/75/EC of the European Parliament referred to in Article 2(1).
and of the Council of 13 July 2009 on roll-over
protection structures of wheeled agricultural or
forestry tractors (static testing) (9),
(1 ) OJ L 198, 30.7.2009, p. 4. This Regulation does not apply to the approval of individual
(2 ) OJ L 198, 30.7.2009, p. 9. vehicles. However, Member States granting such individual
(3 ) OJ L 198, 30.7.2009, p. 15. approvals shall accept any type-approval of vehicles, systems,
(4 ) OJ L 203, 5.8.2009, p. 19. components and separate technical units granted under this
(5 ) OJ L 214, 19.8.2009, p. 23. Regulation instead of under the relevant national provisions.
(6 ) OJ L 216, 20.8.2009, p. 1.
(7 ) OJ L 201, 1.8.2009, p. 11.
(8 ) OJ L 203, 5.8.2009, p. 52. (10) OJ L 201, 1.8.2009, p. 18.
(9 ) OJ L 261, 3.10.2009, p. 40. (11) OJ L 27, 30.1.2010, p. 33.
2. This Regulation establishes the requirements for the component or separate technical unit satisfies the relevant
market surveillance of vehicles, systems, components and administrative provisions and technical requirements;
separate technical units which are subject to approval in
accordance with this Regulation. This Regulation also establishes
the requirements for the market surveillance of parts and
equipment for such vehicles. (2) ‘whole-vehicle type-approval’ means a type-approval
whereby an approval authority certifies that an incomplete,
complete or completed vehicle type satisfies the relevant
3. This Regulation is without prejudice to the application of administrative provisions and technical requirements;
legislation on road safety.
(3) ‘system type-approval’ means a type-approval whereby an

Article 2 approval authority certifies that a system built into a
Scope vehicle of a specific type satisfies the relevant adminis
trative provisions and technical requirements;
1. This Regulation shall apply to agricultural and forestry
vehicles, as described in Article 4, designed and constructed
in one or more stages, and to systems, components and
separate technical units, as well as parts and equipment, (4) ‘component type-approval’ means a type-approval whereby
designed and constructed for such vehicles. an approval authority certifies that a component indepen
dently of a vehicle satisfies the relevant administrative
provisions and technical requirements;
Specifically, this Regulation shall apply to the following vehicles:
(5) ‘separate technical unit type-approval’ means a type-

(a) tractors (categories T and C); approval whereby an approval authority certifies that a
separate technical unit satisfies the relevant administrative
provisions and technical requirements in relation to one or
(b) trailers (category R); and more specified types of vehicles;
(c) interchangeable towed equipment (category S).

(6) ‘national type-approval’ means a type-approval procedure
laid down by the national law of a Member State, the
2. This Regulation shall not apply to interchangeable validity of such approval being restricted to the territory
machinery that is fully raised from the ground or that cannot of that Member State;
articulate around a vertical axis when the vehicle to which it is
attached is in use on a road.
(7) ‘EU type-approval’ means the procedure whereby an
approval authority certifies that a type of vehicle, system,
3. For the following vehicles, the manufacturer may choose component or separate technical unit satisfies the relevant
whether to apply for approval under this Regulation or whether administrative provisions and technical requirements of
to comply with the relevant national requirements: this Regulation;
(a) trailers (category R) and interchangeable towed equipment

(category S); (8) ‘tractor’ means any motorised, wheeled or tracked agri
cultural or forestry vehicle having at least two axles and
a maximum design speed of not less than 6 km/h, the
(b) track-laying tractors (category C); main function of which lies in its tractive power and
which has been especially designed to pull, push, carry
and actuate certain interchangeable equipment designed
(c) special purpose wheeled tractors (categories T4.1 and T4.2). to perform agricultural or forestry work, or to tow agri
cultural or forestry trailers or equipment; it may be
adapted to carry a load in the context of agricultural or
Article 3 forestry work and/or may be equipped with one or more
passenger seats;
Definitions
For the purposes of this Regulation and of the acts listed in
Annex I, except as otherwise provided therein, the following (9) ‘trailer’ means any agricultural or forestry vehicle intended
definitions shall apply: mainly to be towed by a tractor and intended mainly to
carry loads or to process materials and where the ratio of
the technically permissible maximum laden mass to the
(1) ‘type-approval’ means the procedure whereby an approval unladen mass of that vehicle is equal to or greater than
authority certifies that a type of vehicle, system, 3,0;
(10) ‘interchangeable towed equipment’ means any vehicle used (19) ‘separate technical unit’ means a device subject to the
in agriculture or forestry which is designed to be towed by requirements of this Regulation or any of the delegated
a tractor, changes or adds to its functions, permanently or implementing acts adopted pursuant to this Regulation
incorporates an implement or is designed to process and intended to be part of a vehicle, which may be type-
materials, which may include a load platform designed approved separately but only in relation to one or more
and constructed to receive any tools and appliances specified types of vehicle, where such acts make express
needed for those purposes and to store temporarily any provision for so doing;
materials produced or needed during work and where the
ratio of the technically permissible maximum laden mass
to the unladen mass of that vehicle is less than 3,0;
(20) ‘parts’ means goods used for the assembly of a vehicle as
well as spare parts;
(11) ‘vehicle’ means any tractor, trailer or interchangeable
towed equipment as defined in points 8, 9 and 10;
(21) ‘equipment’ means any goods other than parts which can
be added to or installed on a vehicle;
(12) ‘base vehicle’ means any vehicle which is used at the initial
stage of a multi-stage type-approval process;
(22) ‘original parts or equipment’ means parts or equipment

which are manufactured according to the specifications
(13) ‘incomplete vehicle’ means any vehicle which must and production standards provided by the vehicle manu
undergo at least one further stage of completion in facturer for the production of parts or equipment for the
order to meet the relevant technical requirements of this assembly of the vehicle in question; this includes parts or
Regulation; equipment which are manufactured on the same
production line as these parts or equipment; it is
presumed, unless the contrary is proven, that parts or
equipment constitute original parts or equipment if the
(14) ‘completed vehicle’ means a vehicle, resulting from the
manufacturer certifies that the parts or equipment match
process of multi-stage type-approval, which meets the
the quality of the components used for the assembly of the
relevant technical requirements of this Regulation;
vehicle in question and have been manufactured in
accordance with the specifications and production
standards of the vehicle manufacturer;
(15) ‘complete vehicle’ means any vehicle which need not be
completed in order to meet the relevant technical
requirements of this Regulation;
(23) ‘spare parts’ means goods which are to be installed in or
on a vehicle so as to replace original parts of that vehicle,
including goods such as lubricants which are necessary for
(16) ‘end-of-series vehicle’ means any vehicle that is part of a the use of a vehicle, with the exception of fuel;
stock which cannot be made available on the market or
can no longer be made available on the market, registered
or enter into service owing to the entry into force of new
technical requirements against which it has not been
(24) ‘functional safety’ means the absence of unacceptable risk
approved;
of physical injury or of damage to the health of persons or
to property owing to hazards caused by mal-functional
behaviour of mechanical, hydraulic, pneumatic, electrical
or electronic systems, components or separate technical
(17) ‘system’ means an assembly of devices combined to
units;
perform one or more specific functions in a vehicle and
which is subject to the requirements of this Regulation or
any of the delegated or implementing acts adopted
pursuant to this Regulation;
(25) ‘manufacturer’ means any natural or legal person who is
responsible to the approval authority for all aspects of the
type-approval or authorisation process, for ensuring
(18) ‘component’ means a device subject to the requirements of conformity of production and who is also responsible
this Regulation or any of the delegated or implementing for market surveillance concerns for the vehicles,
acts adopted pursuant to this Regulation, which is systems, components and separate technical units
intended to be part of a vehicle and which may be type- produced, whether or not the natural or legal person is
approved independently of a vehicle in accordance with directly involved in all stages of the design and
this Regulation and the delegated or implementing acts construction of the vehicle, system, component or
adopted pursuant to this Regulation, where such acts separate technical unit which is the subject of the
make express provision for so doing; approval process;
(26) ‘manufacturer’s representative’ means any natural or legal (34) ‘on-board diagnostic system’ or ‘OBD system’ means a
person established in the Union who is duly appointed by system which has the capability to identify the likely
the manufacturer to represent the manufacturer before the area of malfunction by means of fault codes stored in a
approval authority or the market surveillance authority computer memory;
and to act on the manufacturer’s behalf in matters
covered by this Regulation;
(35) ‘vehicle repair and maintenance information’ means all
information required for diagnosis, servicing, inspection,
(27) ‘approval authority’ means the authority of a Member State periodic monitoring, repair, reprogramming or reini
established or appointed by the Member State and notified tialising of the vehicle and which the manufacturers
to the Commission by the Member State with competence provide for their authorised dealers and repairers,
for all aspects of the approval of a type of vehicle, system, including all subsequent amendments and supplements
component or separate technical unit, for the authorisation to such information; that information includes all
process, for issuing and, if appropriate, withdrawing or information required for the fitting of parts and
refusing approval certificates, for acting as the contact equipment on vehicles;
point for the approval authorities of other Member
States, for designating the technical services and for
ensuring that the manufacturer meets his obligations
regarding the conformity of production; (36) ‘independent operator’ means undertakings other than
authorised dealers and repairers which are directly or indi
rectly involved in the repair and maintenance of vehicles,
in particular repairers, manufacturers or distributors of
(28) ‘technical service’ means an organisation or body repair equipment, tools or spare parts, publishers of
designated by the approval authority of a Member State technical information, automobile clubs, roadside
as a testing laboratory to carry out tests, or as a assistance operators, operators offering inspection and
conformity assessment body to carry out the initial testing services, operators offering training for installers,
assessment and other tests or inspections, on behalf of manufacturers and repairers of equipment for alternative
the approval authority, it being possible for the approval fuel vehicles;
authority itself to carry out those functions;
(29) ‘self-testing’ means the performance of tests in its own (37) ‘new vehicle’ means a vehicle which has never been
facilities, the registration of the test results and the previously registered or entered into service;
submission of a report, including conclusions, to the
approval authority by a manufacturer who has been
designated as technical service in order to assess the (38) ‘registration’ means the administrative authorisation for the
compliance with certain requirements; entry into service including for road traffic of a vehicle,
involving the identification of the latter and the issuing to
it of a serial number to be known as the registration
(30) ‘virtual testing method’ means computer simulations, number, be it permanently, temporarily or for a short
including calculations, to demonstrate whether a vehicle, period of time;
a system, a component or a separate technical unit fulfils
the technical requirements of a delegated act adopted
pursuant to Article 27(6) without requiring the use of a (39) ‘placing on the market’ means making available a vehicle,
physical vehicle, system, component or separate technical system, component, separate technical unit, part or
unit; equipment for the first time in the Union;
(31) ‘type-approval certificate’ means the document whereby

the approval authority officially certifies that a type of (40) ‘entry into service’ means the first use, for its intended
vehicle, system, component or separate technical unit is purpose, in the Union, of a vehicle, system, component,
approved; separate technical unit, part or equipment;
(32) ‘EU type-approval certificate’ means the certificate based on (41) ‘importer’ means any natural or legal person established in
the template set out in the implementing act adopted the Union who places on the market a vehicle, system,
pursuant to this Regulation or the communication form component, separate technical unit, part or equipment
set out in the relevant UNECE regulations referred to in from a third country;
this Regulation or in the delegated acts adopted pursuant
to this Regulation;
(42) ‘distributor’ means any natural or legal person in the
supply chain, other than the manufacturer or the
(33) ‘certificate of conformity’ means the document issued by importer, who makes available a vehicle, system,
the manufacturer, which certifies that the produced vehicle component, separate technical unit, part or equipment
conforms to the approved vehicle type; on the market;
(43) ‘economic operator’ means the manufacturer, the manu — operating principle,
facturer’s representative, the importer or the distributor;
— number and arrangement of cylinders,
(44) ‘market surveillance’ means the activities carried out and
measures taken by national authorities to ensure that — power difference of no more than 30 % (the
vehicles, systems, components or separate technical units highest power being no more than 1,3 times the
made available on the market comply with the lowest power),
requirements set out in the relevant Union harmonisation
legislation and do not endanger health, safety or any other
aspect of public interest protection; — cylinder capacity difference of no more than 20 %
(the highest figure being no more than 1,2 times
the lowest figure),
(45) ‘market surveillance authority’ means an authority of a
Member State responsible for carrying out market
surveillance on its territory; — powered axles (number, position, interconnection),
(46) ‘national authority’ means an approval authority or any — steered axles (number and position),
other authority involved in and responsible for market
surveillance, border control or registration in a Member — maximum laden mass differing by no more than
State in respect of vehicles, systems, components, 10 %,
separate technical units, parts or equipment;
— transmission (type),
(47) ‘making available on the market’ means any supply of a
vehicle, system, component, separate technical unit, part or — rollover protection structure,
equipment for distribution or use on the market in the
course of a commercial activity, whether in return for
payment or free of charge; — braked axles (number);
(48) ‘vehicle type’ means a group of vehicles, including variants (b) for trailers or interchangeable towed equipment:
and versions of the same category, that do not differ in at
least the following essential respects: — steering axles (number, position, interconnection),
— category, — maximum laden mass differing by no more than

10 %,
— manufacturer,
— braked axles (number);
— type designation given by the manufacturer,
(50) ‘hybrid vehicle’ means a powered vehicle equipped with at
least two different energy converters and two different
— essential construction and design characteristics,
energy storage systems (on-vehicle) for the purpose of
vehicle propulsion;
— backbone chassis/chassis with side members/articulated
chassis (obvious and fundamental differences),
(51) ‘hybrid electric vehicle’ means a vehicle that, for the
purpose of mechanical propulsion, draws energy from
— for category T: axles (number) or, for category C: axles/ both of the following on-vehicle sources of stored energy/
tracks (number), power:
— in the case of multi-stage built vehicles, the manu (a) a consumable fuel;
facturer and the type of the previous stage vehicle;
(b) a battery, capacitor, flywheel/generator or other elec
(49) ‘variant’ means vehicles of the same type which do not trical energy or power storage device.
differ in at least the following respects:
This definition also includes vehicles which draw energy
(a) for tractors: from a consumable fuel only for the purpose of recharging
the electrical energy/power storage device;
— body structural concept or type of body work,
(52) ‘pure electric vehicle’ means a vehicle powered by a system
consisting of one or more electric energy storage devices,
— stage of completion, one or more electric power conditioning devices and one
or more electric machines that convert stored electric
— engine (internal combustion/hybrid/electric/hybrid- energy to mechanical energy delivered at the wheels for
electric), propulsion of the vehicle;
(53) ‘version of a variant’ means vehicles which consist of a rows exceeds 1 000 mm. Where the height of the centre
combination of items shown in the information package of gravity of the tractor, measured in relation to the
referred to in Article 24(10). ground, using the tyres normally fitted, divided by the
average minimum track of all of the axles exceeds 0,90,
the maximum design speed shall not exceed 30 km/h;
References in this Regulation to requirements, procedures or
arrangements laid down in this Regulation shall be read as
references to such requirements, procedures or arrangements (7) ‘category T4.2’ (extra-wide tractors) comprises tractors
laid down in this Regulation and in the delegated and imple characterised by their large dimensions, primarily
menting acts adopted pursuant to this Regulation. intended for working large areas of farmland;
Article 4 (8) ‘category T4.3’ (low-clearance tractors) comprises four-

wheel drive tractors whose interchangeable equipment is
Vehicle categories intended for agricultural or forestry use and which are
characterised by a supporting frame, equipped with one
For the purposes of this Regulation the following vehicle
or more power take-offs, having a technically permissible
categories shall apply:
mass no greater than 10 tonnes, for which the ratio of this
mass to the maximum unladen mass in running order is
less than 2,5 and having the centre of gravity, measured in
(1) ‘category T’ comprises all wheeled tractors; each wheeled
relation to the ground using the tyres normally fitted, of
tractor category described in points 2 to 8 is supple
less than 850 mm;
mented at the end by an ‘a’ or ‘b’ index according to its
design speed:
(9) ‘category C’ comprises track-laying tractors propelled by
endless tracks or by a combination of wheels and
(a) ‘a’ for wheeled tractors with a maximum design speed endless tracks, with subcategories defined by analogy
below or equal to 40 km/h; with category T;
(b) ‘b’ for wheeled tractors with a maximum design speed (10) ‘category R’ comprises trailers; each trailer category
above 40 km/h; described in points 11 to 14 is supplemented at the end
by an ‘a’ or ‘b’ index, according to its design speed:
(2) ‘category T1’ comprises wheeled tractors, with the closest

axle to the driver having a minimum track width of not (a) ‘a’ for trailers with a maximum design speed below or
less than 1 150 mm, with an unladen mass, in running equal to 40 km/h;
order, of more than 600 kg, and with a ground clearance
of not more than 1 000 mm;
(b) ‘b’ for trailers with a maximum design speed above
40 km/h;
(3) ‘category T2’ comprises wheeled tractors with a minimum
track width of less than 1 150 mm, with an unladen mass,
in running order, of more than 600 kg, with a ground (11) ‘category R1’ comprises trailers, the sum of the technically
clearance of not more than 600 mm; if the height of the permissible masses per axle of which does not exceed
centre of gravity of the tractor (measured in relation to the 1 500 kg;
ground) divided by the average minimum track for each
axle exceeds 0,90, the maximum design speed shall be
restricted to 30 km/h; (12) ‘category R2’ comprises trailers, the sum of the technically
permissible masses per axle of which exceeds 1 500 kg but
does not exceed 3 500 kg;
(4) ‘category T3’ comprises wheeled tractors with an unladen
mass, in running order, of not more than 600 kg; (13) ‘category R3’ comprises trailers, the sum of the technically
permissible masses per axle of which exceeds 3 500 kg but
does not exceed 21 000 kg;
(5) ‘category T4’ comprises special purpose wheeled tractors;
(14) ‘category R4’ comprises trailers, the sum of the technically

(6) ‘category T4.1’ (high-clearance tractors) comprises tractors permissible masses per axle of which exceeds 21 000 kg;
designed for working with high-growing crops, such as
vines. They feature a raised chassis or section of chassis,
enabling them to advance in parallel with the crop with (15) ‘category S’ comprises interchangeable towed equipment.
left and right wheels on either side of one or more rows of
the crop. They are intended for carrying or operating tools
which may be fitted at the front, between the axles, at the Each category of interchangeable towed equipment is
rear or on a platform. When the tractor is in working supplemented at the end by an ‘a’ or ‘b’ index, according
position the ground clearance perpendicular to the crop to its design speed:
(a) ‘a’ for interchangeable towed equipment with a Article 7

maximum design speed below or equal to 40 km/h;
Market surveillance measures
1. For type-approved vehicles, systems, components and
(b) ‘b’ for interchangeable towed equipment with a
separate technical units, market surveillance authorities shall
maximum design speed above 40 km/h;
perform, on an adequate scale, appropriate documentary
checks, taking into account established principles of risk
(16) ‘category S1’ comprises interchangeable towed equipment, assessment, complaints and other information.
the sum of the technically permissible masses per axle of
which does not exceed 3 500 kg;
Market surveillance authorities may require economic operators
(17) ‘category S2’ comprises interchangeable towed equipment, to make such documentation and information available as is
the sum of the technically permissible masses per axle of deemed necessary for the purpose of carrying out their activ
which exceeds 3 500 kg. ities.
CHAPTER II
Where economic operators present certificates of conformity,
GENERAL OBLIGATIONS market surveillance authorities shall take due account of such
Article 5 certificates.
Obligations of Member States

1. Member States shall establish or appoint the approval 2. For parts and equipment other than those covered in
authorities competent in matters concerning approval and the paragraph 1 of this Article, Article 19(1) of Regulation (EC)
market surveillance authorities competent in matters concerning No 765/2008 shall apply in its entirety.
market surveillance in accordance with this Regulation. Member
States shall notify the Commission of the establishment and
appointment of such authorities.
Article 8
The notification of the approval and market surveillance auth Obligations of manufacturers
orities shall include their name, address, including electronic
1. Manufacturers shall ensure that when their vehicles,
address, and area of responsibility. The Commission shall
systems, components or separate technical units are placed on
publish on its website a list and details of the approval auth
the market or are entering into service, they are manufactured
orities.
and approved in accordance with the requirements set out in
this Regulation and the delegated and implementing acts
2. Member States shall permit the placing on the market, adopted pursuant to this Regulation.
registration or entry into service only of such vehicles,
components and separate technical units that satisfy the
requirements of this Regulation.
2. In the case of multi-stage type-approval, each manu
facturer shall be responsible for the approval and conformity
3. Member States shall not prohibit, restrict or impede the of production of the systems, components or separate technical
placing on the market, registration or entry into service of units added at the stage of vehicle completion handled by the
vehicles, systems, components or separate technical units on manufacturer. Any manufacturer who modifies components or
grounds related to aspects of their construction and functioning systems already approved at earlier stages shall be responsible
covered by this Regulation, if they satisfy its requirements. for the approval and conformity of production of the modified
components and systems.
4. Member States shall organise and carry out market

surveillance and controls of vehicles, systems, components or
separate technical units entering the market in accordance with 3. Manufacturers who modify the incomplete vehicle in such
Chapter III of Regulation (EC) No 765/2008. a manner that it qualifies as a different category of vehicle, with
the consequence that the legal requirements already assessed in
a previous stage of approval have changed, shall also be
Article 6 responsible for compliance with the requirements applicable
Obligations of approval authorities to the category of vehicles for which the modified vehicle
qualifies.
1. Approval authorities shall ensure that manufacturers
applying for type-approval comply with their obligations
under this Regulation.
4. For the purposes of approval of vehicles, systems,
components or separate technical units covered by this Regu
2. Approval authorities shall approve only such vehicles, lation, manufacturers established outside the Union shall
systems, components or separate technical units that satisfy appoint a single representative established within the Union
the requirements of this Regulation. to represent them before the approval authority.
5. Manufacturers established outside the Union shall shall immediately inform the approval and market surveillance
furthermore appoint a single representative established within authorities of the Member States in which the vehicle, system,
the Union for the purposes of market surveillance, which may component, separate technical unit, part or equipment was
be the representative referred to in paragraph 4 or an additional made available on the market or had entered into service to
representative. that effect, giving details, in particular, of the non-conformity
and any corrective measures taken.
6. Manufacturers shall be responsible to the approval

authority for all aspects of the approval process and for 3. Manufacturers shall keep the information package referred
ensuring conformity of production, whether or not they are to in Article 24(10) and in addition the vehicle manufacturer
directly involved in all stages of the construction of a vehicle, shall keep a copy of the certificates of conformity referred to in
system, component or separate technical unit. Article 33 at the disposal of the approval authorities for a
period of 10 years after the placing on the market of a
vehicle, and for a period of five years after the placing on the
7. In accordance with this Regulation and the delegated and market for a system, component or separate technical unit.
implementing acts adopted pursuant to this Regulation, manu
facturers shall ensure that procedures are in place for series
production to remain in conformity with the approved type.
Changes in design of a vehicle, system, component or separate 4. Manufacturers shall, following a reasoned request from a
technical unit or characteristics and changes in the requirements national authority, provide that authority through the approval
to which a vehicle, system, component or separate technical authority with a copy of the EU type-approval certificate or the
unit is declared to conform shall be taken into account in authorisation referred to in Article 46(1) and (2) demonstrating
accordance with Chapter VI. the conformity of the vehicle, system, component or separate
technical unit, in a language which can be easily understood by
that authority. Manufacturers shall cooperate with the national
authority on any action taken in accordance with Article 20 of
8. In addition to the statutory marking and type-approval
Regulation (EC) No 765/2008 to eliminate the risks posed by
marks fixed to their vehicles, components or separate
their vehicles, systems, components or separate technical units
technical units in accordance with Article 34, manufacturers
which have been placed on the market, registered or entered
shall indicate their name, registered trade name or registered
into service.
trade mark and the address in the Union at which they can
be contacted on their vehicles, components or separate technical
units made available on the market or, where that is not
possible, on the packaging or in a document accompanying Article 10
the component or separate technical unit.
Obligations of manufacturer’s representatives concerning
market surveillance
9. Manufacturers shall ensure that, while a vehicle, system, The manufacturer’s representative for market surveillance shall
component or separate technical unit is under their responsi perform the tasks specified in the mandate received from the
bility, storage or transport conditions do not jeopardise its manufacturer. That mandate shall allow a representative to do
compliance with the requirements set out in this Regulation. at least the following:
Article 9 (a) have access to the information folder referred to in

Obligations of manufacturers concerning their products Article 22 and the certificates of conformity referred to in
that are not in conformity or that present a serious risk Article 33 so that they can be placed at the disposal of the
approval authorities for a period of 10 years after the
1. Manufacturers who consider or have reason to believe that placing on the market of a vehicle and for a period of
their vehicle, system, component or separate technical unit that five years after the placing on the market for a system,
has been placed on the market or entered into service is not in component or separate technical unit;
conformity with this Regulation or the delegated and imple
menting acts adopted pursuant to this Regulation shall
immediately take the corrective measures necessary to bring
that vehicle, system, component or separate technical unit (b) following a reasoned request from an approval authority,
into conformity, to withdraw it or to recall it, as appropriate. provide that authority with all the information and docu
mentation necessary to demonstrate the conformity of
production of a vehicle, system, component or separate
The manufacturer shall immediately inform the approval technical unit;
authority which granted the approval, giving details, in
particular, of the non-conformity and of any corrective
measures taken. (c) cooperate with the approval or market surveillance auth
orities, at their request, on any action taken to eliminate
the serious risk posed by vehicles, systems, components,
2. Where the vehicle, system, component, separate technical separate technical units, parts or equipment covered by
unit, part or equipment presents a serious risk, manufacturers their mandate.
Article 11 unit, part or equipment, importers shall, to protect the health

and safety of consumers, investigate and, if necessary, keep a
Obligations of importers register of complaints and recalls of vehicles, systems,
1. Importers shall place on the market only compliant components, separate technical units, parts or equipment and
vehicles, systems, components or separate technical units keep distributors informed of such monitoring.
which have either received EU type-approval or which fulfil
the requirements for national approval, or parts or equipment
entirely subject to the requirements of Regulation (EC)
No 765/2008. Article 12
Obligations of importers concerning their products that
are not in conformity or that present a serious risk
2. Before placing on the market a type-approved vehicle,
system, component or separate technical unit, importers shall 1. Importers who consider or have reason to believe that a
ensure that there is an information package complying with vehicle, system, component or separate technical unit which
Article 24(10), and that the system, component or separate they have placed on the market is not in conformity with
technical unit bears the required type-approval mark and this Regulation shall immediately take the corrective measures
complies with Article 8(8). In the case of a vehicle, the necessary to bring that vehicle, system, component or separate
importer shall verify that the vehicle is accompanied by the technical unit into conformity, to withdraw it or to recall it, as
required certificate of conformity. appropriate.
3. Where importers consider or have reason to believe that a 2. Where a vehicle, system, component, separate technical
vehicle, system, component, separate technical unit, part or unit, part or equipment presents a serious risk, importers
equipment is not in conformity with the requirements of this shall immediately inform the manufacturer and the approval
Regulation, and in particular that it does not correspond to its and market surveillance authorities of the Member States in
type-approval, they shall not place on the market, allow to enter which they have placed it on the market. The importer shall
into service or register the vehicle, system, component or also inform them of any action taken and give details, in
separate technical unit until it has been brought into particular, of the serious risk and any corrective measures
conformity. Furthermore, where they consider or have reason taken by the manufacturer.
to believe that the vehicle, system, component, separate
technical unit, part or equipment presents a serious risk, they
shall inform the manufacturer and the market surveillance auth
orities. For type-approved vehicles, systems, components and
separate technical units they shall also inform the approval 3. Importers shall, for a period of 10 years after the placing
authority that has granted the approval to that effect. on the market of the vehicle and for a period of five years as
from the placing on the market for a system, component or
separate technical unit, keep a copy of the certificate of
conformity at the disposal of the approval and market
4. Importers shall indicate their name, registered trade name surveillance authorities and ensure that the information
or registered trade mark and the address at which they can be package as referred to in Article 24(10) can be made available
contacted on the vehicle, system, component, separate technical to those authorities, upon request.
unit, part or equipment, or, where this is not possible, on its
packaging or in a document accompanying the system,
component, separate technical unit, part or equipment.
4. Importers shall, following a reasoned request from a
national authority, provide it with all the information and docu
mentation necessary to demonstrate the conformity of a vehicle,
5. Importers shall ensure that the vehicle, system, system, component or separate technical unit in a language
component or separate technical unit is accompanied by which can be easily understood by that authority. Importers
instructions and information, as required in accordance with shall cooperate with that authority, at its request, on any
Article 51, in the official language or languages of the action taken to eliminate the risks posed by a vehicle, system,
Member States concerned. component, separate technical unit, part or equipment which
they have placed on the market.
6. Importers shall ensure that, while a vehicle, system,

component or separate technical unit is under their responsi
bility, storage or transport conditions do not jeopardise its Article 13
compliance with the requirements set out in this Regulation.
Obligations of distributors
1. When making a vehicle, system, component, separate
technical unit, part or equipment available on the market,
7. When deemed appropriate with regard to the serious risks distributors shall act with due care in relation to the
presented by a vehicle, system, component, separate technical requirements of this Regulation.
2. Before making available on the market, registration or separate technical unit, part or equipment which they have
entry into service of a vehicle, system, component or separate made available on the market.
technical unit, distributors shall verify that the vehicle, system,
component or separate technical unit bears the required
statutory marking or type-approval mark, that it is accompanied
Article 15
by the required documents and by instructions and safety
information in the official language or languages of the Cases in which obligations of manufacturers apply to
Member State in which the vehicle, system, component or importers and distributors
separate technical unit is to be made available on the market,
and that the importer and the manufacturer have complied with An importer or distributor shall be considered a manufacturer
the requirements set out in Article 11(2) and (4) and for the purposes of this Regulation and shall be subject to the
Article 34(1) and (2). obligations of the manufacturer under Articles 8 to 10, where
the importer or distributor makes available on the market,
registers or is responsible for the entry into service of a
vehicle, system, component or separate technical unit under
3. Distributors shall ensure that, while a vehicle, system, its name or trademark or modifies a vehicle, system,
component or separate technical unit is under their responsi component or separate technical unit in such a way that
bility, storage or transport conditions do not jeopardise its compliance with the applicable requirements may be affected.
compliance with the requirements set out in this Regulation.
Article 16
Article 14 Identification of economic operators
Obligations of distributors concerning their products that Economic operators shall, on request, identify the following to
are not in conformity or that present a serious risk the approval and market surveillance authorities, for a period of
five years:
1. Where distributors consider or have reason to believe that
a vehicle, system, component or separate technical unit is not in
conformity with the requirements of this Regulation, they shall
not make available on the market or register or enter into (a) any economic operator who has supplied them with a
service the vehicle, system, component or separate technical vehicle, system, component, separate technical unit, part
unit until it has been brought into conformity. or equipment;
(b) any economic operator to whom they have supplied a

2. Distributors who consider or have reason to believe that a
vehicle, system, component, separate technical unit, part
vehicle, system, component or separate technical unit which
or equipment.
they have made available on the market or registered or for
which they are responsible for the entry into service, is not in
conformity with this Regulation, shall inform the manufacturer
or the manufacturer’s representative to ensure that the CHAPTER III
corrective measures necessary to bring that vehicle, system,
SUBSTANTIVE REQUIREMENTS
component or separate technical unit into conformity or to
recall it, if appropriate, are taken in accordance with Article 9(1) Article 17
or Article 12(1).
Requirements for the functional safety of vehicles
1. Manufacturers shall ensure that vehicles are designed,
constructed and assembled so as to minimise the risk of
3. Where the vehicle, system, component, separate technical
injury to the vehicle occupants and to other persons in the
unit, part or equipment presents a serious risk, distributors shall
vehicle’s surrounding area.
immediately inform the manufacturer, the importer and the
approval and market surveillance authorities of the Member
States in which they made it available on the market. The
distributor shall also inform them of any action taken and 2. Manufacturers shall ensure that vehicles, systems,
give details, in particular, of the serious risk and of corrective components and separate technical units comply with the
measures taken by the manufacturer. relevant requirements set out in this Regulation including the
requirements relating to:
4. Distributors shall, following a reasoned request from a

(a) vehicle structure integrity;
national authority, ensure that the manufacturer provide the
national authority with the information specified in Article 9(4)
or that the importer provide the national authority with the
information specified in Article 12(3). They shall cooperate (b) systems to aid the control of the vehicle by the driver, in
with that authority, at its request, on any action taken in particular as regards steering and braking systems,
accordance with Article 20 of Regulation (EC) No 765/2008 including advanced braking systems and electronic
to eliminate the risks posed by the vehicle, system, component, stability control systems;
(c) systems to provide the driver with visibility and detailed technical requirements for the subjects listed in
information on the state of the vehicle and the surrounding paragraph 2 of this Article, including test procedures and
area, including glazing, mirrors and driver information limit values, where applicable. The first such delegated acts
systems; shall be adopted by 31 December 2014.
(d) vehicle lighting systems; These detailed requirements shall be such as to increase or at
least maintain the level of functional safety provided for by the
(e) vehicle occupant protection, including interior fittings, head Directives referred to in Article 76(1) and Article 77, and shall
restraint, seat belts, vehicle doors; ensure the following:
(f) vehicle exterior and accessories;

(a) vehicles with a maximum design speed of more than
40 km/h meet an equivalent level of functional safety with
(g) electromagnetic compatibility; regard to brake performance and, where appropriate, anti-
lock braking systems as motor vehicles and their trailers;
(h) audible warning devices;
(b) the maximum contact pressure exerted on hard road surface
(i) heating systems;
from tyres or tracks does not exceed 0,8 MPa.
(j) devices to prevent unauthorised use;
Article 18
(k) vehicle identification systems; Requirements for occupational safety
(l) masses and dimensions; 1. Manufacturers shall ensure that vehicles are designed,
constructed and assembled so as to minimise the risk of
injury to persons working on or with the vehicle.
(m) electrical safety, including static electricity;
(n) rear protective structures; 2. Manufacturers shall ensure that vehicles, systems,
components and separate technical units comply with the
(o) lateral protection; relevant requirements set out in this Regulation including the
(p) load platforms;
(a) roll-over protection structures (‘ROPS’);
(q) towing devices;
(b) falling objects protection structures (‘FOPS’);
(r) tyres;
(c) passenger seats;
(s) spray-suppression systems;
(t) reverse gear; (d) driver’s exposure to noise level;
(u) tracks; (e) driving seat;
(v) mechanical couplings, including protection against errors of (f) operating space and access to the driving position,
fitting. including protection against slipping, tripping or falling;
3. Components of vehicles, whose hazards of an electrical
nature are covered by the delegated or implementing acts (g) power take-offs;
adopted pursuant to this Regulation, shall not be subject to
Directive 2006/95/EC of the European Parliament and of the (h) protection of drive components;
Council of 12 December 2006 on the harmonisation of the
laws of Member States relating to electrical equipment
designed for use within certain voltage limits (1). (i) seat-belt anchorage points;
4. The requirements referred to in paragraphs 1 and 2 shall (j) safety belts;

apply to vehicles, and to systems, components and separate
technical units intended for such vehicles, if they are applicable (k) protection of driver against penetrating objects (Operator
in accordance with Annex I. Protection Structures, ‘OPS’);
5. In order to ensure that a high level of functional safety is
attained, the Commission shall be empowered to adopt (l) protection of driver against hazardous substances;
delegated acts in accordance with Article 71 concerning the
(m) protection from exposure to parts or materials at extreme
(1) OJ L 374, 27.12.2006, p. 10. temperatures;
(n) operators manual; relevant requirements set out in this Regulation, including the
(o) controls, including safety and reliability of control systems,

emergency and automatic stop devices; (a) pollutant emissions;
(p) protection against mechanical hazards, other than the ones

mentioned in points (a), (b), (g) and (k), including (b) external sound level.
protection against rough surfaces, sharp edges and angles,
rupture of pipes carrying fluids and uncontrolled
movement of the vehicle; 3. The specific limit values, test procedures and requirements
for pollutant emissions laid down for mobile machinery in
Directive 97/68/EC shall apply.
(q) operation and maintenance, including safe cleaning of the
vehicle;
4. The limit values for the specific external sound levels shall
not exceed the following levels:
(r) guards and protective devices;
(s) information, warnings and markings; (a) 89 dB(A) for tractors with an unladen mass, in running
order, of more than 1 500 kg;
(t) materials and products;

(b) 85 dB(A) for tractors with an unladen mass, in running
order, of not more than 1 500 kg.
(u) batteries.
They shall be measured in accordance with the test procedures

3. The requirements referred to in paragraphs 1 and 2 shall laid down in the delegated acts referred to in paragraph 6.
technical units intended for such vehicles, if they are applicable
in accordance with Annex I.
5. The requirements referred to in paragraphs 1 and 2 shall
4. In order to ensure that a high level of occupational safety technical units intended for such vehicles, if they are applicable
is attained, the Commission shall be empowered to adopt in accordance with Annex I.
delegated acts in accordance with Article 71 concerning the
detailed technical requirements for the subjects listed in
paragraph 2 of this Article, including test procedures and 6. The Commission shall be empowered to adopt delegated
limit values, where applicable. The first such delegated acts acts in accordance with Article 71 concerning the detailed
shall be adopted by 31 December 2014. technical requirements on the external sound level, including
test procedures, and on the installation in a vehicle of engines
which have been approved as regards pollutant emissions and
Those detailed technical requirements shall be such as to the related provisions for flexibility in order to ensure that a
increase or at least maintain the level of occupational safety high level of environmental performance will be obtained. The
provided for by the Directives referred to in Article 76(1) and first such delegated acts shall be adopted by 31 December
Article 77, taking into account ergonomics (including 2014.
protection against foreseeable misuse, usability of control
systems, accessibility of controls to avoid their unintentional
activation, adaptation of the person/vehicle interface to the fore
Those specific technical requirements shall be such as to
seeable characteristics of the driver, vibrations and operator
increase or at least maintain the level of environmental
intervention), stability and fire safety.
performance provided for by the Directives referred to in
Article 76(1) and, where applicable, Article 77.
Article 19
Requirements for environmental performance CHAPTER IV
1. Manufacturers shall ensure that vehicles are designed, EU TYPE-APPROVAL PROCEDURES
constructed and assembled so as to minimise the impact on
the environment. Article 20
Procedures for EU type-approval
2. Manufacturers shall ensure that vehicles, systems, 1. When applying for a whole-vehicle type-approval, the
components and separate technical units comply with the manufacturer may choose one of the following procedures:
(a) step-by-step type-approval; 8. The Commission shall be empowered to adopt delegated

acts in accordance with Article 71 concerning detailed
arrangements with regard to type-approval procedures. The
(b) single-step type-approval; first such delegated acts shall be adopted by 31 December
2014.
(c) mixed type-approval. Article 21

Application for type-approval
In addition, the manufacturer may choose multi-stage type- 1. The manufacturer shall submit the application for type-
approval. approval to the approval authority.
Only the single-step type-approval procedure is applicable for 2. Only one application may be submitted in respect of a
the type-approval of systems, components or separate technical particular type of vehicle, system, component or separate
units. technical unit and it may be submitted in only one Member
State.
2. Step-by-step type-approval shall consist of the step-by-step 3. A separate application shall be submitted for each type to
collection of the whole set of EU type-approval certificates for be approved.
the systems, components and separate technical units forming
part of the vehicle, and which leads, at the final stage, to the
whole-vehicle type approval. Article 22
Information folder
3. Single-step type-approval shall consist of the approval of a 1. The applicant shall provide the approval authority with an
vehicle as a whole by means of a single operation. information folder.
2. The information folder shall include the following:

4. Mixed type-approval is a step-by-step type-approval
procedure for which one or more system approvals are
achieved during the final stage of the approval of the whole (a) an information document;
vehicle, without it being necessary to issue the EU type-approval
certificates for those systems.
(b) all data, drawings, photographs and other information;
5. In a multi-stage type-approval procedure, one or more (c) for vehicles, an indication of the procedure(s) chosen in
approval authorities certify that, depending on the state of accordance with Article 20(1);
completion, an incomplete or completed type of vehicle
satisfies the relevant administrative provisions and technical
(d) any additional information requested by the approval
requirements of this Regulation.
authority in the context of the application procedure.
Multi-stage type-approval shall be granted in respect of a type 3. The information folder may be supplied on paper or in an
of incomplete or completed vehicle which conforms to the electronic format that is accepted by the technical service and
particulars in the information folder provided for in Article 22 by the approval authority.
and which meets the technical requirements laid down in the
relevant acts listed in Annex I, having regard to the state of
4. The Commission shall lay down templates for the
completion of the vehicle.
information document and for the information folder by
means of implementing acts. Those implementing acts shall
be adopted in accordance with the examination procedure
6. The type-approval for the final stage of completion shall referred to in Article 69(2). The first such implementing acts
be granted only after the approval authority has verified that the shall be adopted by 31 December 2014.
vehicle type-approved at the final stage meets at that time all
applicable technical requirements. That shall include a docu
mentary check of all requirements covered by a type-approval Article 23
for an incomplete vehicle granted in the course of a multistage
Specific requirements for information to be provided in
procedure, even where granted for a different (sub)category of
the application for type-approval under different
vehicle.
procedures
1. An application for step-by-step type-approval shall be
7. The choice of approval procedure shall not affect the accompanied by an information folder in accordance with
applicable substantive requirements with which the approved Article 22 and by the complete set of type-approval
vehicle type has to comply at the time of issuing of the certificates required pursuant to each of the applicable acts
whole-vehicle type-approval. listed in Annex I.
In the case of the type-approval of a system, component or referred to in Article 28 and the compliance of the type of
separate technical unit, pursuant to the applicable acts listed vehicle, system, component or separate technical unit with the
in Annex I, the approval authority shall have access to the applicable requirements.
related information folder until such time as the approval is
either issued or refused.
2. EU type-approvals shall be granted in accordance with this

2. An application for single-step type-approval shall be Chapter.
accompanied by an information folder provided for in Article 22
containing the relevant information in accordance with the
implementing acts adopted pursuant to this Regulation in
relation to those applicable acts. 3. If an approval authority finds that a type of vehicle,
system, component or separate technical unit, though
conforming to the required provisions, presents a serious risk
to safety or may seriously harm the environment or public
3. In the case of a mixed type-approval procedure, the health or presents a serious risk to occupational safety, it may
information folder shall be accompanied by one or more refuse to grant EU type-approval. In that case, it shall
type-approval certificates required pursuant to each of the immediately send to the approval authorities of the other
applicable acts listed in Annex I and shall include, insofar as Member States and the Commission a detailed file explaining
no type-approval certificate is presented, the relevant the reasons for its decision and setting out the evidence for its
information in accordance with the implementing acts findings.
adopted pursuant to this Regulation, in relation to those
applicable acts.
4. EU type-approval certificates shall be numbered in

4. Without prejudice to paragraphs 1, 2 and 3, the following accordance with a harmonised system laid down by the
information shall be supplied for the purposes of multi-stage Commission by means of implementing acts. Those imple
type-approval: menting acts shall be adopted in accordance with the exam
ination procedure referred to in Article 69(2). The first such
implementing acts shall be adopted by 31 December 2014.
(a) in the first stage, those parts of the information folder and
the EU type-approval certificates which are relevant to the
state of completion of the base vehicle;
5. The approval authority shall, within one month of issuing
the EU type-approval certificate, send to the approval authorities
of the other Member States a copy of the EU vehicle type-
(b) in the second and subsequent stages, those parts of the approval certificate, together with the attachments, for each
information folder and the EU type-approval certificates type of vehicle which it has approved by means of a
which are relevant to the current stage of construction, common secure electronic exchange system. The copy may
together with a copy of the EU type-approval certificate also take the form of a secure electronic file.
for the vehicle issued at the preceding stage of construction
and full details of any changes or additions that the manu
facturer has made to the vehicle.
6. The approval authority shall without delay inform the
approval authorities of the other Member States of its refusal
The information specified in points (a) and (b) of the first or withdrawal of any vehicle approval, together with the reasons
subparagraph of this paragraph may be supplied in accordance for its decision.
with paragraph 3.
5. The approval authority may, by reasoned request, require 7. At three-monthly intervals, the approval authority shall
the manufacturer to supply any additional information needed send to the approval authorities of the other Member States a
to enable a decision to be taken on which tests are required or list of the EU type-approvals it has granted, amended, refused to
to facilitate the execution of those tests. grant or withdrawn for systems, components or separate
technical units during the preceding period.
CHAPTER V
CONDUCT OF EU TYPE-APPROVAL PROCEDURES 8. If so requested by an approval authority of another

Member State, the approval authority which has granted an
Article 24 EU type-approval shall, within one month of receiving that
General provisions request, send to the former a copy of the requested EU type-
approval certificate, together with the attachments by means of
1. Approval authorities shall grant an EU type-approval only a common secure electronic exchange system. The copy may
after verifying the conformity of production arrangements also take the form of a secure electronic file.
9. If so requested by the Commission, the approval authority (c) issue the completed certificate, together with its attach
shall submit the information referred to in paragraphs 5 to 8 to ments, to the applicant without delay.
the Commission as well.
The Commission shall lay down the template for the test results
10. The approval authority shall put together an information sheet referred to in point (a) by means of implementing acts.
package consisting of the information folder accompanied by Those implementing acts shall be adopted in accordance with
the test reports and all other documents added by the technical the examination procedure referred to in Article 69(2). The first
service or by the approval authority to the information folder in such implementing acts shall be adopted by 31 December
the course of carrying out their functions. The information 2014.
package shall contain an index listing its contents, suitably
numbered or otherwise marked so as to identify clearly all
the pages and the format of each document such as to
present a record of the successive steps in the management of 4. In the case of an EU type-approval for which, in
the EU type-approval, in particular the dates of revisions and accordance with Article 35, restrictions have been imposed as
updating. The approval authority shall keep information to its validity, or certain provisions of this Regulation or the
contained in the information package available for a period of delegated and implementing acts adopted pursuant to this Regu
10 years after the end of validity of the approval concerned. lation have been waived, the EU type-approval certificate shall
specify those restrictions or waivers.
Article 25
5. Where the manufacturer chooses the mixed type-approval
Specific provisions concerning the EU type-approval procedure, the approval authority shall complete the
certificate information package with the references to the test reports,
1. The EU type-approval certificate shall contain, as attach established by the implementing acts referred to in Article 27(1),
ments, the following: for which no EU type-approval certificate is available.
(a) the information package referred to in Article 24(10); 6. Where the manufacturer chooses the single-step type-
approval procedure, the approval authority shall establish a
list of applicable requirements or acts and append that list to
the EU type-approval certificate. The Commission shall adopt
(b) the test results; the template for such a list by means of implementing acts.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 69(2). The first
(c) the name(s) and specimen(s) of the signature(s) of the such implementing acts shall be adopted by 31 December
person(s) authorised to sign certificates of conformity and 2014.
a statement of their position in the company;
Article 26
(d) in the case of an EU whole-vehicle type-approval, a filled- Specific provisions concerning systems, components or
out specimen of the certificate of conformity. separate technical units
1. EU type-approval shall be granted in respect of a system
which conforms to the particulars in the information folder and
2. The EU type-approval certificate shall be issued on the which meets the technical requirements laid down in the
basis of the template laid down by the Commission by means relevant acts listed in Annex I.
of implementing acts. Those implementing acts shall be adopted
in accordance with the examination procedure referred to in
Article 69(2). The first such implementing acts shall be
adopted by 31 December 2014. 2. EU type-approval for a component or separate technical
unit shall be granted in respect of a component or separate
technical unit that conforms to the particulars in the
information folder and which meets the technical requirements
3. In respect of each type of vehicle, the approval authority
laid down in the relevant acts listed in Annex I.
shall:
(a) complete all the relevant sections of the EU type-approval 3. Where components or separate technical units, whether or
certificate, including the test results sheet appended thereto; not intended for repair, servicing or maintenance, are also
covered by a system type-approval with respect to a vehicle,
no additional component or separate technical unit approval
shall be required unless provided for under the relevant acts
(b) compile the index to the information package; listed in Annex I.
4. Where a component or separate technical unit fulfils its 4. Subject to the agreement of the approval authority, virtual
function or offers a specific feature only in conjunction with testing methods may be used as alternatives to the test
other parts of the vehicle, thereby making it possible to verify procedures referred to in paragraph 1 at the request of the
compliance with the requirements only when the component or manufacturer with respect to those requirements established
separate technical unit is operating in conjunction with those in the delegated acts adopted pursuant to paragraph 6.
other vehicle parts, the scope of the EU type-approval of the
component or the separate technical unit shall be restricted
accordingly.
5. Virtual testing methods shall fulfil the conditions set out
in the delegated acts adopted pursuant to paragraph 6.
In such cases, the EU type-approval certificate shall specify any
restriction on the use of the component or separate technical
unit and shall indicate the special conditions for its mounting.
6. In order to ensure that the results obtained through virtual
testing are as meaningful as those obtained through physical
testing, the Commission shall be empowered to adopt
Where such a component or separate technical unit is fitted by delegated acts in accordance with Article 71 concerning the
the vehicle manufacturer, compliance with any applicable requirements which can be subject to virtual testing and the
restrictions on use or conditions for mounting shall be conditions under which the virtual testing are to be performed.
verified at the time when the vehicle is approved. When adopting those delegated acts, the Commission shall take
as a basis the requirements and procedures provided for in
Annex XVI to Directive 2007/46/EC of the European Parliament
and of the Council of 5 September 2007 establishing a
Article 27
framework for the approval of motor vehicles and their
Tests required for EU type-approval trailers, and of systems, components and separate technical
units intended for such vehicles (Framework Directive) (1), as
1. Compliance with the technical prescriptions laid down in appropriate.
this Regulation and in the acts listed in Annex I shall be
demonstrated by means of appropriate tests performed by
designated technical services.
Article 28
Conformity of production arrangements
The test procedures referred to in the first subparagraph and the
specific equipment and tools prescribed to perform those tests 1. An approval authority which grants an EU type-approval
shall be those laid down in the relevant acts listed in Annex I. shall take the necessary measures to verify, if necessary in
cooperation with the approval authorities of the other
Member States, that adequate arrangements have been made
to ensure that the vehicles, systems, components or separate
The format of the test report shall comply with the general technical units in production will conform to the approved
requirements as laid down by the Commission by means of type.
implementing acts. Those implementing acts shall be adopted
Article 69(2). The first such implementing acts shall be
adopted by 31 December 2014.
2. An approval authority which grants a whole-vehicle type-
approval shall take the necessary measures to verify that
certificates of conformity issued by the manufacturer conform
2. The manufacturer shall make available to the approval to Article 33. To that end, the approval authority shall verify
authority as many vehicles, components or separate technical that a sufficient number of samples of certificates of conformity
units as are required under the relevant acts listed in Annex I conform to Article 33 and that the manufacturer has made
for the performance of the required tests. adequate arrangements to ensure that the data in the certificates
of conformity are correct.
3. The required tests shall be performed on vehicles,

components and separate technical units which are represen
3. An approval authority which has granted an EU type-
tative of the type to be approved.
approval shall take the necessary measures in relation to that
approval to verify, if necessary in cooperation with the approval
authorities of the other Member States, that the arrangements
However, the manufacturer may select, in agreement with the referred to in paragraphs 1 and 2 continue to be adequate so
approval authority, a vehicle, system, component or separate that vehicles, systems, components or separate technical units in
technical unit which, while not representative of the type to production will continue to conform to the approved type and
be approved, combines a number of the most unfavourable that certificates of conformity continue to comply with
features with regard to the required level of performance. Article 33.
Virtual testing methods may be used to aid decision-making
during the selection process. (1) OJ L 263, 9.10.2007, p. 1.
4. In order to verify that a vehicle, system, component or Article 30

separate technical unit conforms to the approved type, the
approval authority which has granted the EU type-approval Revisions and extensions of EU type-approvals
may carry out any of the checks or tests, required for the EU 1. If particulars recorded in the information package have
type-approval, on samples taken at the premises of the manu changed, without requiring inspections or tests to be repeated,
facturer, including production facilities. the amendment shall be designated a ‘revision’.
5. When an approval authority which has granted an EU In such cases, the approval authority shall issue the revised
type-approval establishes that the arrangements referred to in pages of the information package as necessary, marking each
paragraphs 1 and 2 are not being applied, deviate significantly revised pages to show clearly the nature of the change and the
from the arrangements and control plans agreed, have ceased to date of reissue. A consolidated, updated version of the
be applied or are no longer considered to be adequate, even information package, accompanied by a detailed description of
though production is continued, it shall take the necessary the changes, shall be deemed to meet that requirement.
measures to ensure that the procedure for conformity of
production is followed correctly or shall withdraw the type-
approval. 2. The amendment shall be designated an ‘extension’ when
particulars recorded in the information package have changed
and any of the following occurs:
6. The Commission shall be empowered to adopt delegated

acts in accordance with Article 71 concerning the detailed (a) further inspections or tests are required;
arrangements with regard to conformity of production. The
first such delegated acts shall be adopted by 31 December
2014.
(b) any information on the EU type-approval certificate, with
the exception of its attachments, has changed;
CHAPTER VI
(c) new requirements under any act listed in Annex I become
AMENDMENTS TO EU TYPE-APPROVALS
applicable to the approved vehicle type or to the approved
Article 29 system, component or separate technical unit.
General provisions
1. The manufacturer shall inform without delay the approval In the event of an extension, the approval authority shall issue
authority that granted the EU type-approval of any change in an updated EU type-approval certificate denoted by an
the particulars recorded in the information package. extension number, incremented in accordance with the
number of successive extensions already granted. That
approval certificate shall clearly show the reason for the
extension and the date of reissue.
That approval authority shall decide which of the procedures
laid down in Article 30 is to be followed.
3. Whenever amended pages or a consolidated, updated
version are issued, the index to the information package
Where necessary, the approval authority may decide, after attached to the approval certificate shall be amended
consulting the manufacturer, that a new EU type-approval is accordingly to show the date of the most recent extension or
to be granted. revision, or the date of the most recent consolidation of the
updated version.
2. An application for the amendment of an EU type-approval 4. No amendment to the type-approval of a vehicle shall be
shall be submitted exclusively to the approval authority that required if the new requirements referred to in point (c) of
granted the original EU type-approval. paragraph 2 are, from a technical point of view, irrelevant to
that type of vehicle or concern categories of vehicle other than
the category to which it belongs.
3. If the approval authority finds that, for the purposes of
making an amendment, inspections or tests need to be repeated,
it shall inform the manufacturer accordingly. Article 31
Issue and notification of amendments
1. In the case of an extension all relevant sections of the EU
The procedures referred to in Article 30 shall apply only if, on type-approval certificate, the attachments thereto, and the index
the basis of those inspections or tests, the approval authority to the information package shall be updated. The updated
concludes that the requirements for EU type-approval continue certificate and its attachments shall be issued to the applicant
to be fulfilled. without delay.
2. In the case of a revision, the revised documents or the The approval authority that granted the EU type-approval shall
consolidated, updated version, as appropriate, including the without delay communicate all relevant information to the
revised index to the information package, shall be issued by approval authorities of the other Member States so as to
the approval authority to the applicant without delay. enable the application, where appropriate, of Article 39.
3. The approval authority shall notify any amendment made

to EU type-approvals to the approval authorities of the other The communication referred to in the second subparagraph
Member States in accordance with the procedures set out in shall specify, in particular, the date of production and the
Article 24. vehicle identification number of the last vehicle produced.
CHAPTER VII CHAPTER VIII

VALIDITY OF EU TYPE-APPROVAL CERTIFICATE OF CONFORMITY AND MARKINGS
Article 32 Article 33
Termination of validity Certificate of conformity
1. EU type-approvals shall be issued for an unlimited 1. The manufacturer, in its capacity as the holder of a vehicle
duration. type-approval, shall deliver a certificate of conformity as a paper
document to accompany each vehicle, whether complete,
incomplete or completed, which is manufactured in conformity
2. An EU type-approval of a vehicle shall become invalid in with the approved vehicle type.
any of the following cases:
(a) new requirements applicable to the approved vehicle type Such a certificate shall be delivered free of charge to the buyer
become mandatory for the making available on the market, together with the vehicle. Its delivery may not be made
registration, or entry into service of vehicles, and it is not dependent on an explicit request or the submission of
possible to update the type-approval accordingly; additional information to the manufacturer.
(b) production of the approved vehicle is definitively discon For a period of 10 years after the production date of the vehicle,
tinued voluntarily; the vehicle manufacturer shall, at the request of the vehicle
owner, issue a duplicate of the certificate of conformity
against a payment not exceeding the cost of issuing it. The
(c) the validity of the approval expires by virtue of a restriction word ‘duplicate’ shall be clearly visible on the face of any
in accordance with Article 35(6); duplicate certificate.
(d) the approval has been withdrawn in accordance with

Article 28(5), Article 44(1) or Article 47(4). 2. The manufacturer shall use the template for the certificate
of conformity adopted by the Commission by means of imple
menting acts. Those implementing acts shall be adopted in
3. Where only one variant within a type or one version accordance with the examination procedure referred to in
within a variant becomes invalid, the EU type-approval of the Article 69(2). The certificate of conformity shall be designed
vehicle in question shall lose validity only in so far as the to prevent forgery. To that end, the implementing acts shall
particular variant or version is concerned. provide that the paper used in the certificate shall be
protected by several security printing features. The first such
implementing acts shall be adopted by 31 December 2014.
4. When production of a particular type of vehicle is defini
tively discontinued, the manufacturer shall notify the approval
authority that granted the EU type-approval for that vehicle.
3. The certificate of conformity shall be drawn up in at least
one of the official languages of the Union. Any Member State
may request the certificate of conformity to be translated into
Within one month of receiving the notification referred to in its own official language or languages.
the first subparagraph, the approval authority which granted the
EU type-approval for the vehicle shall inform the approval auth
orities of the other Member States accordingly.
4. The person(s) authorised to sign certificates of conformity
shall be in the manufacturer’s organisation and shall be duly
5. Without prejudice to paragraph 4, in cases where an EU authorised by the management to fully engage the legal respon
type-approval of a vehicle is due to become invalid, the manu sibility of the manufacturer with respect to the design and the
facturer shall notify the approval authority that granted the EU construction or to the conformity of the production of the
type-approval. vehicle.
5. The certificate of conformity shall be completed in its 3. The statutory plate and EU type-approval mark shall be in
entirety and shall not contain restrictions as regards the use accordance with the model set out by the Commission by
of the vehicle other than those provided for in this Regulation means of implementing acts. Those implementing acts shall
or any of the delegated acts adopted pursuant to this Regu be adopted in accordance with the examination procedure
lation. referred to in Article 69(2). The first such implementing acts
shall be adopted by 31 December 2014.
6. In the case of an incomplete or completed vehicle, the

manufacturer shall fill in only those items of the certificate of
CHAPTER IX
conformity which have been added or changed at the current
stage of approval and, if applicable, shall attach to the certificate EXEMPTIONS FOR NEW TECHNOLOGIES OR NEW CONCEPTS
all certificates of conformity delivered at the previous stages.
Article 35
Exemptions for new technologies or new concepts
7. The certificate of conformity shall, for vehicles approved 1. The manufacturer may apply for an EU type-approval in
in accordance with Article 35(2), display in its title the phrase respect of a type of vehicle, system, component or separate
‘For complete/completed vehicles, type-approved in application technical unit that incorporates new technologies or concepts
of Article 26 of Regulation (EU) No 167/2013 of the European which are incompatible with one or more acts listed in Annex I.
Parliament and of the Council of 5 February 2013 on the
approval and market surveillance of agricultural and forestry
vehicles (provisional approval)’.
2. The approval authority shall grant the EU type-approval
referred to in paragraph 1 where all of the following conditions
8. The certificate of conformity as set out in the imple are met:
menting acts referred to in paragraph 2, shall, for vehicles
type-approved in accordance with Article 37, display in the
title thereof the phrase ‘For complete/completed vehicles type-
approved in small series’, and in close proximity thereto the (a) the application states the reasons why the technologies or
year of production followed by a sequential number, between concepts in question make the system, component or
1 and the limit indicated in the table set out in Annex II, separate technical unit incompatible with one or more
denoting, in respect of each year of production, the position acts listed in Annex I;
of that vehicle within the production allocated for that year.
9. Without prejudice to paragraph 1, the manufacturer may (b) the application describes the safety and environmental
transmit the certificate of conformity by electronic means to the implications of the new technology and the measures
registration authority of any Member State. taken in order to ensure at least an equivalent level of
safety and environmental protection as that provided by
the requirements from which exemption is sought;
Article 34
Statutory plate with the appropriate marking of vehicles
(c) test descriptions and results are presented which prove that
and type-approval mark of components or separate
the condition in point (b) is met.
technical units
1. The manufacturer of a vehicle shall affix to each vehicle
manufactured in conformity with the approved type a statutory
plate with the appropriate marking required by the relevant 3. The granting of such an EU type-approval exempting new
implementing act adopted pursuant to paragraph 3. technologies or new concepts shall be subject to authorisation
by the Commission. That authorisation shall be given by means
of an implementing act. That implementing act shall be adopted
2. The manufacturer of a component or separate technical
Article 69(2).
unit, whether or not it is part of a system, shall affix to each
component or separate technical unit manufactured in
conformity with the approved type the type-approval mark
required by the relevant implementing act adopted pursuant
to this Regulation or the relevant UNECE regulation or OECD 4. Pending the decision on authorisation by the Commission,
Code. the approval authority may already issue the EU type-approval,
but it shall be provisional, valid only in the territory of that
Member State, in respect of a type of vehicle covered by the
exemption sought. The approval authority shall inform the
Where no such type-approval mark is required, the manu Commission and the other Member States thereof without
facturer shall affix at least the trade name or trade mark of delay by means of a file containing the information referred
the manufacturer, the type number or an identification number. to in paragraph 2.
The provisional nature and the limited territorial validity shall CHAPTER X
be apparent from the heading of the type-approval certificate
VEHICLES PRODUCED IN SMALL SERIES
and the heading of the certificate of conformity. The
Commission may adopt implementing acts in order to Article 37
provide for harmonised templates for the type-approval
certificate and the certificate of conformity for the purposes National type-approval of small series
of this paragraph. Those implementing acts shall be adopted 1. The manufacturer may apply for a national type-approval
in accordance with the examination procedure referred to in of small series of a type of vehicle within the quantitative
Article 69(2). annual limits set out in Annex II. These limits shall apply to
the making available on the market, registration or entry into
service of vehicles of the approved type on the market of each
5. Other approval authorities may decide to accept in writing Member State in a given year.
the provisional approval referred to in paragraph 4 within their
territory.
For the national type-approval of small series, the approval
authority may, if it has reasonable grounds to do so, waive
6. Where appropriate, the authorisation by the Commission one or more of the provisions of this Regulation and one or
referred to in paragraph 3 shall also specify whether it is subject more of the provisions of one or more of the acts listed in
to any restrictions. In all cases, the type-approval shall be valid Annex I, provided that it specifies alternative requirements.
for at least 36 months.
2. The alternative requirements referred to in paragraph 1

7. If the Commission decides to refuse authorisation, the
shall ensure a level of functional safety and environmental
approval authority shall immediately give notice to the holder
protection and occupational safety which is equivalent to the
of the provisional type-approval referred to in paragraph 3 that
greatest extent practicable to the level provided for by the
the provisional approval will be revoked six months after the
relevant acts listed in Annex I.
date of the Commission’s refusal.
However, vehicles manufactured in conformity with the 3. For the national type-approval of vehicles under this
provisional approval before it ceases to be valid may be Article, systems, components or separate technical units which
placed on the market, registered or entered into service in are type-approved in accordance with the acts listed in Annex I
any Member State that accepted the provisional approval. shall be accepted.
Article 36 4. The type-approval certificate for vehicles type-approved in

Subsequent adaptation of delegated and implementing acts accordance with this Article shall be drafted in accordance with
the template referred to in Article 25(2), but shall not bear the
1. Where the Commission authorises the granting of an heading ‘EU vehicle type-approval certificate’ and shall specify
exemption pursuant to Article 35, it shall immediately take the content of the waivers granted pursuant to paragraph 1.
the necessary steps to adapt the delegated or implementing Type-approval certificates shall be numbered in accordance with
acts concerned to technological developments. the harmonised system referred to in Article 24(4).
Where the exemption under Article 35 relates to a UNECE 5. The validity of a national type-approval of small series
regulation, the Commission shall propose an amendment to shall be restricted to the territory of the Member State whose
the relevant UNECE regulation in accordance with the approval authority granted the approval.
procedure applicable under the Revised 1958 Agreement.
2. As soon as the relevant acts have been amended, any 6. However, at the request of the manufacturer, a copy of the
restriction in the Commission decision authorising the type-approval certificate and its attachments shall be sent by
exemption shall be lifted. registered mail or by electronic mail to the approval authorities
of the Member States designated by the manufacturer.
If the necessary steps to adapt the delegated or implementing

acts have not been taken, the Commission may, at the request 7. Within three months of receipt of the request referred to
of the Member State which granted the approval, authorise, by in paragraph 6, the approval authorities of the Member States
means of a decision in the form of an implementing act designated by the manufacturer shall decide whether or not they
adopted in accordance with the examination procedure accept the type-approval. They shall formally communicate their
referred to in Article 69(2), the Member State to extend the decision to the approval authority which granted the national
type-approval. type-approval of small series.
8. The approval authorities of the Member States shall accept 2. Paragraph 1 shall apply, in the case of complete vehicles,
the national type-approval unless they have reasonable grounds for a period of 24 months from the date on which the EU type-
to believe that the national technical requirements in accordance approval became invalid and, in the case of completed vehicles,
with which the vehicle was approved are not equivalent to their for a period of 30 months from that date.
own.
3. A manufacturer who wishes to benefit from paragraph 1

9. At the request of an applicant who wishes to place on the shall submit a request to the national authority of each Member
market or register a vehicle with national type-approval of small State where the vehicles in question are to be made available on
series in another Member State, the approval authority that the market, registered or entered into service. That request shall
granted the national type-approval of small series shall specify any technical or economic reasons preventing those
provide the national authority of the other Member State with vehicles from complying with the new type-approval require
a copy of the type-approval certificate including the information ments.
package. Paragraphs 7 and 8 shall apply.
The national authority concerned shall decide, within three

months of receiving the request, whether and in what number
CHAPTER XI to permit the registration of those vehicles within their territory.
MAKING AVAILABLE ON THE MARKET, REGISTRATION OR
ENTRY INTO SERVICE
4. The amount of end-of-series vehicles shall not exceed
Article 38 10 % of the number of vehicles registered in the two
Making available on the market, registration or entry into preceding years or 20 vehicles per Member State, whichever is
service of vehicles higher.
1. Without prejudice to Articles 41 and 44, vehicles for

which EU whole-vehicle type-approval is mandatory or for 5. A special entry qualifying the vehicle as ‘end-of-series’
which the manufacturer has obtained such type-approval shall be made on the certificate of conformity of the vehicles
under this Regulation shall only be made available on the put into service under this procedure.
market, registered or enter into service if they are accompanied
by a valid certificate of conformity issued in accordance with
Article 33.
6. Member States shall ensure that the number of vehicles to
be made available on the market, registered or entered into
service under the procedure set out in this Article is effectively
Where such vehicles are incomplete, making available on the monitored.
market or entry into service of such vehicles is permitted, but
the authorities responsible for vehicle registration of the
Member States may refuse to allow the registration and use 7. This Article shall apply only to discontinuation due to
on the road of such vehicles. termination of validity of the type-approval in the case
referred to in point (a) of Article 32(2).
2. Paragraph 1 shall not apply to vehicles intended for use

by the armed services, by civil defence, fire services and forces Article 40
responsible for maintaining public order or to vehicles approved Making available on the market or entry into service of
in accordance with Article 37. components and separate technical units
1. Components or separate technical units may only be
made available on the market or entered into service if they
Article 39 comply with the requirements of the relevant acts listed in
Making available on the market registration or entry into Annex I and are properly marked in accordance with Article 34.
service of end-of-series vehicles
1. Subject to the end-of-series limits and time limit specified 2. Paragraph 1 shall not apply in the case of components or
in paragraphs 2 and 4, vehicles conforming to a type of vehicle separate technical units which are specifically constructed or
whose EU type-approval has become invalid pursuant to designed for new vehicles not covered by this Regulation.
Article 32 may be made available on the market, registered
or entered into service.
3. By way of derogation from paragraph 1, Member States
may permit the making available on the market or entry into
The first subparagraph shall apply only to vehicles within the service of components or separate technical units which have
territory of the Union which were covered by a valid EU type- been exempted from one or more provisions of this Regulation
approval at the time of their production, but which had neither under Article 35 or are intended for mounting on vehicles
been made available on the market, registered nor entered into covered by approvals granted under Article 37 that concern
service before that EU type-approval lost its validity. the component or separate technical unit in question.
4. By way of derogation from paragraph 1, and unless vehicles, systems, components or separate technical units that
otherwise provided for in this Regulation or in one of the it has placed on the market, registered or is responsible for its
delegated acts adopted pursuant to this Regulation, Member entry into service in the Union.
States may permit the making available on the market or
entry into service of components or separate technical units
which are intended for mounting on vehicles which, when 4. Where the economic operator does not take adequate
made available on the market or entered into service, were corrective action within the period referred to in the second
not required to be type-approved by this Regulation or by subparagraph of paragraph 1, the national authorities shall
Directive 2003/37/EC. take all appropriate measures to prohibit or restrict the
making available on the market, registration or entry into
service of non-compliant vehicles, systems, components or
separate technical units on their national market, to withdraw
CHAPTER XII them from that market or to recall them.
SAFEGUARD CLAUSES
Article 41
5. The national authorities shall, without delay, inform the
Procedure for dealing with vehicles, systems, components Commission and the other Member States of the measures
or separate technical units presenting a serious risk at provided for in paragraph 4.
national level
1. Where the market surveillance authorities of one Member
State have taken action pursuant to Article 20 of Regulation The information provided shall include all available details, in
(EC) No 765/2008, or where they have sufficient reason to particular the data necessary for the identification of the non-
believe that a vehicle, system, component or separate compliant vehicle, system, component or separate technical
technical unit covered by this Regulation presents a serious unit, its origin, the nature of the non-conformity alleged and
risk to the health or safety of persons or to other aspects of the risk involved, the nature and duration of the national
the protection of public interests covered by this Regulation, the measures taken, and the arguments put forward by the
approval authority that granted the approval shall carry out an relevant economic operator. In particular, the approval auth
evaluation in relation to the vehicle, system, component or orities shall indicate whether the non-conformity is due to
separate technical unit concerned covering all the requirements either of the following:
laid down in this Regulation. The relevant economic operators
shall cooperate fully with the approval and/or market
surveillance authorities. (a) failure of the vehicle, system, component or separate
technical unit to meet requirements relating to the health
or safety of persons, the protection of the environment or
to other aspects of the protection of public interests covered
Where, in the course of that evaluation, the approval authority by this Regulation;
that granted the approval finds that the vehicle, system,
component or separate technical unit does not comply with
the requirements laid down in this Regulation, it shall without (b) shortcomings in the relevant acts listed in Annex I.
delay require the relevant economic operator to take all appro
priate corrective action to bring the vehicle, system, component
or separate technical unit into compliance with those require
ments, to withdraw the vehicle, system, component or separate 6. Member States shall within one month inform the
technical unit from the market, or to recall it within a Commission and the other Member States of any measures
reasonable period, commensurate with the nature of the risk. adopted and of any additional information at their disposal
relating to the non-conformity of the vehicle, system,
component or separate technical unit concerned, and, in the
event of disagreement with the notified national measure, of
Article 21 of Regulation (EC) No 765/2008 shall apply to the their objections.
measures referred to in the second subparagraph of this para
graph.
7. Where, within one month of receipt of the information
referred to in paragraph 6 of this Article, an objection has been
raised by either another Member State or the Commission in
2. Where the approval authorities consider that non- respect of a measure taken by a Member State, that measure
conformity is not restricted to their national territory, they shall be evaluated by the Commission in accordance with
shall inform the Commission and the other Member States of Article 42.
the results of the evaluation and the action required of the
economic operator.
8. Member States shall ensure that appropriate restrictive
measures are taken in respect of the vehicle, system,
component or separate technical unit concerned, such as with
3. The economic operator shall ensure that all appropriate drawal of the vehicle, system, component or separate technical
corrective action is taken in respect of all non-compliant unit from their market, without delay.
Article 42 entry into service, no longer presents that risk, to withdraw the
vehicle, system, component or separate technical unit from the
Union safeguard procedure market or to recall it within a reasonable period, commensurate
1. Where, during the procedure set out in Article 41(3) with the nature of the risk. The Member State may refuse to
and (4), objections are raised against a measure taken by a register such vehicles until the vehicle manufacturer has taken
Member State, or where the Commission considers a national all appropriate measures.
measure to be contrary to the Union legislation, the
Commission shall without delay evaluate the national measure
after consulting Member States and the relevant economic
operator or operators. On the basis of the results of that evalu 2. For a vehicle, system, component or separate technical
ation, the Commission shall decide, in accordance with the unit as referred to in paragraph 1, the economic operator
examination procedure referred to in Article 69(2), whether shall ensure that corrective action is taken in respect of all
the national measure is considered justified or not. such vehicles, systems, components or separate technical units
placed on the market, registered or entered into service in the
Union.
The Commission shall communicate its decision to all Member

States and to the relevant economic operator or operators.
3. The Member State referred to in paragraph 1 shall within
one month inform the Commission and the other Member
States of all available details, in particular the data necessary
2. If the national measure is considered justified by the for the identification of the vehicle, system, component or
Commission, all Member States shall take the measures separate technical unit concerned, the origin and the supply
necessary to ensure that the non-compliant vehicle, system, chain of the vehicle, system, component or separate technical
component or separate technical unit is withdrawn from their unit, the nature of the risk involved and the nature and duration
market, and shall inform the Commission accordingly. If the of the national measures taken.
national measure is considered unjustified, the Member State
concerned shall withdraw or adapt the measure, in accordance
with the decision referred to in paragraph 1.
4. The Commission shall, without delay, consult the Member
States and the relevant economic operator or operators and, in
particular, the approval authority that granted the type-approval,
3. Where the national measure is considered justified and is and shall evaluate the national measures taken. On the basis of
attributed to shortcomings in this Regulation or in delegated or that evaluation, the Commission shall decide whether the
implementing acts adopted pursuant to this Regulation, the national measures referred to in paragraph 1 are considered
Commission shall propose appropriate measures as follows: justified or not and, where necessary, propose appropriate
measures.
(a) where delegated or implementing acts adopted pursuant to

this Regulation are concerned, the Commission shall 5. The Commission shall address its decision to all Member
propose the necessary amendments to the act concerned; States and shall immediately communicate it to them and the
relevant economic operator or operators.
(b) where UNECE regulations are concerned, the Commission

shall propose the necessary draft amendments to the Article 44
relevant UNECE regulations in accordance with the
procedure applicable under the Revised 1958 Agreement. Vehicles, systems, components or separate technical units
not in conformity with the approved type
1. Where new vehicles, systems, components or separate
technical units accompanied by a certificate of conformity or
Article 43 bearing an approval mark do not conform to the approved
type, the approval authority which granted the EU type-
Compliant vehicles, systems, components or separate approval shall take the necessary measures, including the with
technical units that present a serious risk drawal of type-approval, to ensure that vehicles, systems,
1. Where, having performed an evaluation under components or separate technical units in production are
Article 41(1), a Member State finds that vehicles, systems, brought into conformity with the approved type.
components or separate technical units, although they comply
with the applicable requirements or are properly marked,
present a serious risk to safety or may seriously harm the
environment or public health, it shall require the relevant 2. For the purposes of paragraph 1, deviations from the
economic operator to take all appropriate measures to ensure particulars in the EU type-approval certificate or the information
that the vehicle, system, component or separate technical unit package shall be deemed to constitute failure to conform to the
concerned, when placed on the market, registered or after its approved type.
3. If an approval authority demonstrates that new vehicles, the vehicle or for its environmental performance shall not be
components or separate technical units accompanied by a placed on the market, registered or enter into service and shall
certificate of conformity or bearing an approval mark issued be prohibited, unless they have been authorised by an approval
in another Member State do not conform to the approved authority in accordance with Article 46(1), (2) and (4).
type, it may ask the approval authority which granted the EU
type-approval to verify that vehicles, systems, components or
separate technical units in production continue to conform to 2. In order to ensure the uniform application of paragraph 1,
the approved type. On receipt of such a request, the approval the Commission may adopt implementing acts to draw up a list
authority which granted the EU type-approval shall take the of such parts or equipment on the basis of available
requisite action as soon as possible and at the latest within information, and in particular information communicated by
three months of the date of the request. the Member States regarding:
4. The approval authority shall request the approval

authority which granted the EU type-approval for a system, (a) the seriousness of the risk to the safety or environmental
component, separate technical unit or incomplete vehicle to performance of vehicles fitted with the parts or equipment
take the necessary action to ensure that vehicles in production in question;
are brought back into conformity with the approved type in the
following cases:
(b) the possible effect on consumers and after-market manu
facturers of the imposition under this Article of a possible
(a) for an EU vehicle type-approval, where the non-conformity authorisation requirement for parts or equipment.
of a vehicle is attributable exclusively to the non-conformity
of a system, component or separate technical unit;
Those implementing acts shall be adopted in accordance with

(b) for a multi-stage type-approval, where the non-conformity the examination procedure referred to in Article 69(2).
of a completed vehicle is attributable exclusively to the non-
conformity of a system, component or separate technical
unit that forms part of the incomplete vehicle or to the 3. Paragraph 1 shall not apply to original parts or equipment
non-conformity of the incomplete vehicle itself. and to parts or equipment that are type-approved in accordance
with any of the acts listed in Annex I, except where the
approval relates to aspects other than those covered in
5. On receipt of such a request, the approval authority paragraph 1.
concerned shall take the necessary action, if necessary in
conjunction with the approval authority making the request,
as soon as possible and at the latest within three months of
the date of the request. 4. The Commission shall be empowered to adopt delegated
acts in accordance with Article 71 concerning the requirements
which the parts and equipment referred to in paragraph 1 of
6. Where non-conformity is established, the approval this Article shall fulfil.
authority of the Member State that granted the EU type-
approval for the system, component or separate technical unit
or for the incomplete vehicle shall take the measures set out in 5. These requirements may be based on the acts listed in
paragraph 1. Annex I or may consist of a comparison of the parts or
equipment with the environmental or safety performance of
the original vehicle, or of any of its parts, as appropriate. In
The approval authorities shall inform each other within one either case, the requirements shall ensure that the parts or
month of any withdrawal of EU type-approval and of the equipment do not impair the functioning of those systems
reasons therefor. that are essential for the safety of the vehicle or its environ
mental performance.
7. If the approval authority that granted the EU type-
approval disputes the non-conformity notified to it, the
Member States concerned shall endeavour to settle the Article 46
dispute. The Commission shall be kept informed and, where
Parts or equipment that may pose a serious risk to the
necessary, shall hold appropriate consultations with a view to
correct functioning of essential systems — related
reaching a settlement.
requirements
1. For the purposes of Article 45(1), the manufacturer of
Article 45 parts or equipment shall submit to the approval authority an
Placing on the market and entry into service of parts or application accompanied by a test report drafted by a
equipment that may pose a serious risk to the correct designated technical service which certifies that the parts or
functioning of essential systems equipment for which authorisation is sought comply with the
requirements referred to in Article 45(4). The manufacturer may
1. Parts or equipment that may pose a serious risk to the submit only one application per type of part to only one
correct functioning of systems that are essential for the safety of approval authority.
If so requested by the competent authority of another Member of the Commission. The Commission shall take the appropriate
State, the approval authority which has given the authorisation measures in order to resolve the disagreement, including, where
shall, within one month of receiving that request, send to the necessary, requiring the withdrawal of the authorisation, after
former a copy of the requested authorisation certificate together having consulted the approval authorities.
with the attachments by means of a common secure electronic
exchange system. The copy may also take the form of a secure
electronic file.
7. Until the list referred to in Article 45(2) has been estab
lished, Member States may maintain national provisions dealing
2. The application shall include details of the manufacturer with parts or equipment which may affect the correct func
of the parts or equipment, the type, identification and part tioning of systems essential for the safety of the vehicle or its
numbers of the parts or equipment, the vehicle manufacturer’s environmental performance.
name, type of vehicle and, if appropriate, year of construction
or any other information permitting the identification of the
vehicle to which the parts or equipment are to be fitted.
Article 47
Recall of vehicles, systems, components or separate
When the approval authority is satisfied, taking account of the technical units
test report and other evidence, that the parts or equipment in
question comply with the requirements referred to in 1. Where a manufacturer who has been granted an EU
Article 45(4), it shall authorise the parts or equipment to be whole-vehicle type-approval is obliged, in accordance with
placed on the market and to be entered into service, subject to Regulation (EC) No 765/2008, to recall vehicles placed on the
the second subparagraph of paragraph 4 of this Article. market, registered or for which the manufacturer was
responsible for the entry into service, because a system,
component or separate technical unit fitted to the vehicle
The approval authority shall issue a certificate to the manu presents a serious risk to safety, public health or environmental
facturer without delay. protection, whether or not duly approved in accordance with
this Regulation, or because a part not subject to any specific
requirements under type-approval legislation presents a serious
3. The Commission may adopt implementing acts in order risk to safety, public health or environmental protection, that
to lay down a template and numbering system for the certificate manufacturer shall immediately inform the approval authority
referred to in the third subparagraph of paragraph 2 of this that granted the vehicle approval.
Article. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 69(2).
2. Where a manufacturer of systems, components or
separate technical units, who has been granted an EU type-
4. The manufacturer shall inform without delay the approval
approval is obliged, in accordance with Regulation (EC) No
authority that gave the authorisation of any change affecting the
765/2008, to recall systems, components or separate technical
conditions under which it was issued. That approval authority
units which have been placed on the market or for which the
shall decide whether the authorisation has to be reviewed or
manufacturer was responsible for the entry into service, because
reissued and whether further tests are necessary.
they present a serious risk to safety, occupational safety, public
health or environmental protection, whether or not duly
approved in accordance with this Regulation, the manufacturer
The manufacturer shall be responsible for ensuring that the shall immediately inform the approval authority that granted
parts or equipment are produced and continue to be the approval.
produced under the conditions under which the authorisation
was issued.
3. The manufacturer shall propose to the approval authority

5. Before delivering any authorisation, the approval authority a set of appropriate remedies to neutralise the serious risk
shall verify the existence of satisfactory arrangements and referred to in paragraphs 1 and 2. The approval authority
procedures for ensuring effective control of the conformity of shall communicate the proposed remedies to the approval auth
production. orities of the other Member States without delay.
Where the approval authority finds that the conditions for

issuing the authorisation are no longer fulfilled, it shall The approval authorities shall ensure that the remedies are effec
request the manufacturer to take the necessary measures to tively implemented in their respective Member States.
ensure that the parts or equipment are brought back into
conformity. If necessary, it shall withdraw the authorisation.
4. If the remedies are considered to be insufficient or not

6. Approval authorities from different Member States shall implemented quickly enough by the approval authority
bring any disagreement in relation to the authorisation referred concerned, it shall inform the approval authority that granted
to in the second subparagraph of paragraph 2 to the attention the EU type-approval without delay.
The approval authority that granted the EU type-approval shall That delegated act shall specify the dates of compulsory appli
then inform the manufacturer. If the manufacturer does not cation of the UNECE regulation or of amendments thereto and
propose and implement effective corrective measures, the shall include transitional provisions where appropriate.
approval authority which granted the EU type-approval shall
take all protective measures required, including the withdrawal
of the EU type-approval. In the case of withdrawal of the EU
type-approval, the approval authority shall within one month of
such withdrawal notify the manufacturer, the approval auth The Commission shall adopt separate delegated acts indicating
orities of the other Member States and the Commission by the mandatory application of UNECE regulations.
registered letter or equivalent electronic means.
Article 50
Article 48
Recognition of OECD test reports for the purpose of EU
Notification of decisions and remedies available type-approval
1. All decisions taken pursuant to this Regulation and all 1. Without prejudice to the other requirements of this Regu
decisions refusing or withdrawing EU type-approval, or lation, where reference to OECD Codes is made in this Regu
refusing registration, prohibiting or restricting the placing on lation, EU type-approval may be based on the complete test
the market, registration or entry into service of a vehicle or report issued on the basis of the OECD standard Codes as an
requiring withdrawal of a vehicle from the market, shall state alternative to the test reports drawn up under this Regulation or
in detail the reasons on which they are based. the delegated acts adopted pursuant to this Regulation.
2. Any such decision shall be notified to the party concerned

who shall, at the same time, be informed of the remedies 2. In order to be acceptable for the purposes of EU type-
available to it under the laws in force in the Member State approval, the OECD test report referred to in paragraph 1 must
concerned and of the time limits allowed for the exercise of have been approved in accordance with Appendix 1 to the
such remedies. Decision of the OECD Council of February 2012 revising the
OECD standard Codes for the official testing of agricultural and
forestry tractors, as amended.
CHAPTER XIII
INTERNATIONAL REGULATIONS
CHAPTER XIV
Article 49
PROVISION OF TECHNICAL INFORMATION
UNECE regulations required for EU type-approval
Article 51
1. UNECE regulations or amendments thereto which the
Information intended for users
Union has voted in favour of or to which the Union has
acceded and which are listed in Annex I to this Regulation or 1. The manufacturer may not supply any technical
in the delegated acts adopted pursuant to this Regulation shall information related to the particulars provided for in this Regu
be part of the requirements for the EU type-approval of a lation, or in the delegated or implementing acts adopted
vehicle. pursuant to this Regulation, which diverges from the particulars
approved by the approval authority.
2. The approval authorities of the Member States shall accept

approvals granted in accordance with the UNECE regulations
referred to in paragraph 1 and, where applicable, the relevant 2. Where a delegated or implementing act adopted pursuant
approval marks, in place of the corresponding approvals and to this Regulation so provides, the manufacturer shall make
approval marks granted in accordance with this Regulation and available to users all relevant information and necessary
the delegated acts adopted pursuant to this Regulation. instructions describing any special conditions or restrictions
linked to the use of a vehicle, a system, component or a
separate technical unit.
3. Where the Union has voted in favour of a UNECE regu

lation or amendments thereto for the purpose of EU vehicle
type-approval, the Commission shall adopt a delegated act in 3. The information referred to in paragraph 2 shall be
accordance with Article 71 in order to make the UNECE regu supplied in the official language or languages of the Member
lation or amendments thereto compulsory and to amend Annex State where the vehicle is to be placed on the market, registered
I to this Regulation or to amend the delegated acts adopted or is to be entered into service. It shall be provided, after
pursuant to this Regulation, as appropriate. acceptance by the approval authority, in the owner’s manual.
Article 52 Manufacturers shall provide access on a non-discriminatory

basis to training material and relevant working tools to auth
Information intended for manufacturers of components or orised dealers, repairers and independent operators. Such access
separate technical units shall include, where applicable, adequate training with regard to
1. The vehicle manufacturer shall make available to the the download of software, diagnostic trouble codes
manufacturers of components or separate technical units all management and the use of working tools.
particulars which are necessary for EU type-approval of
components or separate technical units, or to obtain an auth
orisation under Article 45 including, where applicable, drawings 3. Without prejudice to paragraph 1, the information
referred to in the delegated and implementing acts adopted referred to there shall include:
pursuant to this Regulation.
(a) the tractor type and model;
The vehicle manufacturer may impose a binding agreement on

the manufacturers of components or separate technical units to (b) an unequivocal vehicle identification number;
protect the confidentiality of any information which is not in
the public domain, including information related to intellectual
property rights. (c) service handbooks including repair and maintenance records
and service schedules;
2. The manufacturer of components or separate technical (d) technical manuals and technical service bulletins;
units, in its capacity as the holder of an EU type-approval
certificate which, in accordance with Article 26(4), includes
restrictions on use or special mounting conditions or both, (e) component and diagnosis information (such as minimum
shall provide all the detailed information thereon to the and maximum theoretical values for measurements);
vehicle manufacturer.
(f) wiring diagrams;

Where a delegated act adopted pursuant to this Regulation so
provides, the manufacturer of components or separate technical
units shall provide, together with the components or separate (g) diagnostic trouble codes, including manufacturer specific
technical units produced, instructions regarding restrictions on codes;
use or special mounting conditions or both.
(h) all information needed to install new or updated software
on a new vehicle or vehicle type (for instance software part
CHAPTER XV number);
ACCESS TO REPAIR AND MAINTENANCE INFORMATION
Article 53 (i) information concerning, and delivered by means of,

proprietary tools and equipment;
Manufacturers’ obligations
1. Manufacturers shall provide non-discriminatory access to (j) data record information, test data and any other technical
vehicle repair and maintenance information to authorised information (such as two-directional monitoring data, if
dealers, repairers and independent operators through websites applicable to the technology used);
using a standardised format in a readily accessible and prompt
manner. This obligation shall not apply if a vehicle has been
approved as a small series vehicle. (k) standard work units or time periods for repair and main
tenance tasks if made available, either directly or through a
third party, to manufacturers’ authorised dealers and
Software critical to the correct functioning of the safety and repairers.
environmental control system may be protected against unauth
orised manipulations. However, any manipulation of those
systems necessary for repair and maintenance or accessible to 4. Authorised dealers or repairers within the distribution
authorised dealers or repairers shall also be made accessible to system of a given vehicle manufacturer shall be regarded as
independent operators in a non-discriminatory manner. independent operators for the purposes of this Regulation to
the extent that they provide repair or maintenance services for
vehicles in respect of which they are not members of the vehicle
manufacturer’s distribution system.
2. Until the Commission has adopted a standardised format
for the provision of the information referred to in paragraph 1,
that information shall be made available in a consistent manner 5. The vehicle repair and maintenance information shall
that can be processed by independent operators with reasonable always be available, except as required for maintenance
effort. purposes of the information system.
6. For the purposes of manufacture and servicing of OBD- 12. The Commission shall be empowered to adopt delegated
compatible replacement or service parts and diagnostic tools acts in accordance with Article 71 laying down the details of
and test equipment, manufacturers shall provide the relevant the requirements with regard to access to repair and main
OBD and vehicle repair and maintenance information on a tenance information, in particular technical specifications
non-discriminatory basis to any interested manufacturer or relating to the way in which vehicle repair and maintenance
repairer of component, diagnostic tool or test equipment. information shall be provided.
7. For the purposes of design and manufacture of auto

motive equipment for alternative-fuel vehicles, manufacturers 13. The Commission shall, by means of the delegated acts
shall provide the relevant OBD and vehicle repair and main referred to in paragraph 12, adapt the information requirements
tenance information on a non-discriminatory basis to any laid down in this Article, including the technical specifications
interested manufacturer, installer or repairer of equipment for relating to the way in which information is to be provided, in
alternative-fuel vehicles. order to be proportionate having regard in particular to the
specific case of manufacturer’s relatively small production
volume of the vehicle type concerned, taking into account the
limits for small series vehicles as set out in Annex II. In duly
justified cases, such adaptation may result in an exemption from
8. When applying for EU type-approval or national type- the requirement to supply the information in a standardised
approval, the manufacturer shall provide the approval format. A possible adaptation or exemption shall in any event
authority with proof of compliance with this Regulation ensure that the objectives of this Article can be achieved.
relating to the information required under this Article.
Article 54
In the event that such information is not available, or does not
conform to this Regulation and the delegated and implementing Obligations with regard to several type-approval holders
acts adopted pursuant to this Regulation which are applicable
when applying for EU type-approval or national type-approval, In the event of step-by-step type-approval, mixed type-approval
the manufacturer shall provide it within six months from the and multi-stage type-approval, the manufacturer responsible for
date of approval. the respective type-approval shall also be responsible for
communicating repair information relating to the particular
system, component or separate technical unit or to the
particular stage to both the final manufacturer and independent
operators.
The Commission may adopt an implementing act in order to
lay down a template of a certificate on access to vehicle OBD
and vehicle repair and maintenance information providing such
proof of compliance to the approval authority. That imple
menting act shall be adopted in accordance with the exam The final manufacturer shall be responsible for providing
ination procedure referred to in Article 69(2). information about the whole vehicle to independent operators.
9. If such proof of compliance is not provided within the

period referred to in the second subparagraph of paragraph 8, Article 55
the approval authority shall take appropriate measures to ensure
Fees for access to vehicle repair and maintenance
compliance.
information
1. Manufacturers may charge reasonable and proportionate
fees for access to vehicle repair and maintenance information,
working tools and training courses covered by this Regulation.
10. The manufacturer shall make subsequent amendments A fee shall not be considered reasonable or proportionate if it
and supplements to vehicle repair and maintenance information discourages access by failing to take into account the extent to
available on its websites at the same time they are made which the independent operator uses it.
available to authorised repairers.
11. Where repair and maintenance records of a vehicle are 2. Manufacturers shall make available vehicle repair and
kept in a central database of the vehicle manufacturer or on its maintenance information on a daily, monthly, and yearly
behalf, independent repairers shall have access to such records basis, with fees for access to such information varying in
free of charge and shall be able to enter information on repair accordance with the respective periods of time for which
and maintenance which they have performed. access is granted.
Article 56 shall not be the designer, manufacturer, supplier or maintainer

of the vehicles, systems, components or separate technical units
Forum on Access to Vehicle Information which they assess, nor represent parties engaged in those activ
The scope of application of the activities carried out by the ities. This shall not preclude the use of assessed vehicles,
Forum on Access to Vehicle Information established in systems, components or separate technical units referred to in
accordance with Article 13(9) of Commission Regulation (EC) paragraph 3 of this Article that are necessary for the operation
No 692/2008 of 18 July 2008 implementing and amending of the technical service or the use of such vehicles, systems,
Regulation (EC) No 715/2007 of the European Parliament components or separate technical units for personal purposes.
and of the Council on type-approval of motor vehicles with
respect to emissions from light passenger and commercial
vehicles (euro 5 and euro 6) and on access to vehicle repair
A technical service shall ensure that the activities of its
and maintenance information (1) shall be extended to the
subsidiaries or subcontractors do not affect the confidentiality,
vehicles covered by this Regulation.
objectivity or impartiality of the categories of activities for
which it has been designated.
On the basis of evidence of deliberate or unintentional misuse

of vehicle OBD and vehicle repair and maintenance information, 5. A technical service and its personnel shall carry out the
the Forum referred to in the first paragraph shall advise the categories of activities for which it has been designated with the
Commission on measures to prevent such misuse of highest degree of professional integrity and the requisite
information. technical competence in the specific field and shall be free
from all pressures and inducements, particularly financial,
which might influence their judgment or the results of their
assessment activities, especially such pressures or inducements
CHAPTER XVI emanating from persons or groups of persons with an interest
DESIGNATION AND NOTIFICATION OF TECHNICAL SERVICES in the results of those activities.
Article 57
Requirements relating to technical services 6. A technical service shall be capable of carrying out all the
categories of activities for which it has been designated in
1. Designating approval authorities shall ensure that before
accordance with Article 59(1), by demonstrating to the satis
they designate a technical service pursuant to Article 59, that
faction of its designating approval authority, that it has:
technical service meets the requirements laid down in para
graphs 2 to 9 of this Article.
(a) personnel with appropriate skills, specific technical

knowledge and vocational training as well as sufficient
2. Without prejudice to Article 60(1), a technical service and appropriate experience to perform the task;
shall be established under the national law of a Member State
and have legal personality.
(b) descriptions of the procedures relevant for the categories of

activities for which it is seeking to be designated, ensuring
3. A technical service shall be a third-party body inde the transparency and reproducibility of those procedures;
pendent of the process of design, manufacturing, supply or
maintenance of the vehicle, system, component or separate
technical unit it assesses.
(c) procedures for the performance of the categories of
activities for which it is seeking to be designated which
take due account of the degree of complexity of the tech
A body belonging to a business association or professional nology of the vehicle, system, component or separate
federation representing undertakings involved in the design, technical unit in question, and the mass or serial nature
manufacturing, provision, assembly, use or maintenance of of the production process; and
vehicles, systems, components or separate technical units
which it assesses, tests or inspects may, on condition that its
independence and the absence of any conflict of interest are
(d) means necessary to perform in an appropriate manner the
demonstrated, be considered as fulfilling the requirements of the
tasks connected with the categories of activities for which it
first subparagraph. is seeking to be designated and that it has access to all
necessary equipment or facilities.
4. A technical service, its top-level management and the

personnel responsible for carrying out the categories of activities In addition, it shall demonstrate to the designating approval
for which they are designated in accordance with Article 59(1) authority its compliance with the standards laid down in the
delegated acts adopted pursuant to Article 61 which are
(1) OJ L 199, 28.7.2008, p. 1. relevant for the categories of activities for which it is designated.
7. The impartiality of the technical services, their top-level (b) category B: technical services which supervise the tests
management and the assessment personnel shall be guaranteed. referred to in this Regulation and in the acts listed in
They shall not engage in any activity that may conflict with Annex I, where such tests are performed in the manufac
their independence of judgment or integrity in relation to the turer’s facilities or in the facilities of a third party;
categories of activities for which they are designated.
8. Technical services shall take out liability insurance related (c) category C: technical services which assess and monitor on
to their activities unless liability is assumed by the Member State a regular basis the manufacturer’s procedures for controlling
in accordance with national law, or the Member State itself is conformity of production;
directly responsible for the conformity assessment.
(d) category D: technical services which supervise or perform

9. The personnel of a technical service shall observe profes tests or inspections for the surveillance of conformity of
sional secrecy with regard to all information obtained in production.
carrying out their tasks under this Regulation or any
provision of national law giving effect to it, except in relation
to the designating approval authority or where required by
Union or national law. Proprietary rights shall be protected.
2. An approval authority may be designated as a
technical service for one or more of the activities referred to
in paragraph 1.
Article 58
Subsidiaries of and subcontracting by technical services
1. Technical services may subcontract some of their activities 3. Technical services of a third country, other than those
for which they have been designated in accordance with designated in accordance with Article 60, may be notified for
Article 59(1) or have those activities carried out by a subsidiary the purposes of Article 63, but only if such an acceptance of
only with the agreement of their designating approval authority. technical services is provided for by a bilateral agreement
between the Union and the third country concerned. This
shall not prevent a technical service established under the
2. Where a technical service subcontracts specific tasks national law of a Member State in accordance with Article 57(2)
connected with the categories of activities for which it has from establishing subsidiaries in third countries, provided that
been designated or has recourse to a subsidiary, it shall the subsidiaries are directly managed and controlled by the
ensure that the subcontractor or the subsidiary meet the designated technical service.
requirements set out in Article 57 and shall inform the desig
nating approval authority accordingly.
Article 60
3. Technical services shall take full responsibility for the tasks Accredited in-house technical services of the manufacturer
performed by any of their subcontractors or subsidiaries,
1. An accredited in-house technical service of a manufacturer
wherever these are established.
may be designated only for category A activities with regard to
technical requirements for which self-testing is allowed by a
delegated act adopted pursuant to this Regulation. That
4. Technical services shall keep at the disposal of the desig technical service shall constitute a separate and distinct part
nating approval authority the relevant documents concerning of the undertaking and shall not be involved in the design,
the assessment of the qualifications of the subcontractor or manufacturing, supply or maintenance of the vehicles,
the subsidiary and the tasks performed by them. systems, components or separate technical units it assesses.
Article 59
2. An accredited in-house technical service shall meet the
Designation of technical services following requirements:
1. Technical services shall be designated for one or more of
the following categories of activities, depending on their field of
competence:
(a) in addition to being designated by the approval authority of
a Member State it shall be accredited by a national accredi
tation body as defined in point 11 of Article 2 of Regu
(a) category A: technical services which carry out in their own lation (EC) No 765/2008 and in accordance with the
facilities the tests referred to in this Regulation and in the standards and procedure referred to in Article 61 of this
acts listed in Annex I; Regulation;
(b) the accredited in-house technical service and its personnel accreditation body attesting that the technical service fulfils the
shall be organisationally identifiable and have reporting requirements of this Regulation, the designating approval
methods within the undertaking of which they form part authority shall provide the Commission with documentary
which ensure their impartiality and demonstrate it to the evidence which attests the technical service’s competence and
relevant national accreditation body; the arrangements in place to ensure that the technical service is
monitored regularly by the designating approval authority and
satisfies the requirements of this Regulation and the delegated
acts adopted pursuant to this Regulation.
(c) neither the accredited in-house technical service nor its
personnel shall engage in any activity that might conflict
with their independence of judgment or integrity in relation
to the categories of activities for which they have been 4. The approval authority that intends to be designated as a
designated; technical service in accordance with Article 59(2) shall
document compliance through an assessment conducted by
auditors independent of the activity being assessed. Such
auditors may be from the same organisation provided that
(d) the accredited in-house technical service shall supply its they are managed separately from personnel undertaking the
services exclusively to the undertaking of which it forms assessed activity.
part.
5. An accredited in-house technical service shall comply with

3. An accredited in-house technical service need not be the relevant provisions of this Article.
notified to the Commission for the purposes of Article 63,
but information concerning its accreditation shall be given by
the undertaking of which it forms part or by the national Article 63
accreditation body to the designating approval authority at
the request of that authority. Procedures for notification
1. Member States shall notify to the Commission the name,
the address including electronic address, the responsible persons
Article 61 and the category of activities with respect to each technical
service they have designated, as well as any subsequent modifi
Procedures for performance standards and assessment of cations to those designations. The notification act shall state for
technical services which subjects listed in Annex I the technical services have been
In order to ensure that technical services meet the same high designated.
level of performance standards in all Member States, the
Commission shall be empowered to adopt delegated acts in
accordance with Article 71 concerning the standards with 2. A technical service may conduct the activities referred to
which the technical services have to comply and the in Article 59(1) on behalf of the designating approval authority
procedure for their assessment in accordance with Article 62 responsible for the type-approval only if it has been notified
and their accreditation in accordance with Article 60. beforehand to the Commission in accordance with paragraph 1
of this Article.
Article 62
3. The same technical service may be designated by several
Assessment of the skills of the technical services
designating approval authorities and notified by the Member
1. The designating approval authority shall draw up an States of these designating approval authorities irrespective of
assessment report demonstrating that the candidate technical the category or categories of activities it will conduct in
service has been assessed for its compliance with the accordance with Article 59(1).
requirements of this Regulation and the delegated acts
adopted pursuant to this Regulation. That report may include
a certificate of accreditation issued by an accreditation body. 4. The Commission shall be notified of any subsequent
relevant changes to the designation.
2. The assessment on which the report referred to in

paragraph 1 is based shall be conducted in accordance with 5. Where a specific organisation or competent body carrying
the provisions laid down in a delegated act adopted pursuant out an activity not included in those referred to in Article 59(1),
to Article 61. The assessment report shall be reviewed at least needs to be designated in application of an act listed in Annex I,
every three years. the notification shall be made in accordance with this Article.
3. The assessment report shall be communicated to the 6. The Commission shall publish on its website a list and
Commission upon request. In such cases, where the assessment details of the technical services notified in accordance with this
is not based on an accreditation certificate issued by a national Article.
Article 64 Technical services shall supervise or shall themselves carry out

the tests required for approval or inspections as set out in this
Changes to designations Regulation or in one of the acts listed in Annex I, except where
1. Where a designating approval authority has ascertained or alternative procedures are permitted. The technical services shall
has been informed that a technical service designated by it no not conduct tests, assessments or inspections for which they
longer meets the requirements laid down in this Regulation, or have not been duly designated by their approval authority.
that it is failing to fulfil its obligations, the designating approval
authority shall restrict, suspend or withdraw the designation as
appropriate, depending on the seriousness of the failure to meet 2. Technical services shall at all times:
those requirements or fulfil those obligations. The Member State
that has notified this technical service shall immediately inform
the Commission accordingly. The Commission shall modify the (a) allow their designating approval authority to witness the
information published referred to in Article 63(6) accordingly. technical service during the conformity assessment as
appropriate; and
2. In the event of restriction, suspension or withdrawal of (b) without prejudice to Article 57(9) and Article 67, provide
the designation, or where the technical service has ceased its their designating approval authority such information on
activity, the designating approval authority shall take appro their categories of activities falling under the scope of this
priate steps to ensure that the files of that technical service Regulation as may be requested.
are either processed by another technical service or kept
available for the designating approval authority or for the
market surveillance authorities at their request. 3. Where a technical service finds that requirements laid
down in this Regulation have not been met by a manufacturer,
it shall report this to the designating approval authority with a
view for the designating approval authority requiring the manu
Article 65
facturer to take appropriate corrective measures and
Challenge to the competence of technical services subsequently not to issue a type-approval certificate unless the
appropriate corrective measures have been taken to the satis
1. The Commission shall investigate all cases where it has faction of the approval authority.
doubts, or doubt is brought to its attention, regarding the
competence of a technical service or the continued fulfilment
by a technical service of the requirements and responsibilities to 4. Where, in the course of monitoring conformity of
which it is subject. production following the issue of a type-approval certificate, a
technical service acting on behalf of the designating approval
authority finds that a vehicle, system, component or separate
2. The Member State of the designating approval authority technical unit no longer complies with this Regulation, it shall
shall provide the Commission, on request, with all information report this to the designating approval authority. The approval
relating to the basis for the designation or the maintenance of authority shall take the appropriate measures as provided for in
the designation of the technical service concerned. Article 28.
Article 67
3. The Commission shall ensure that all sensitive information
obtained in the course of its investigations is treated confiden Information obligations of technical services
tially.
1. Technical services shall inform their designating approval
authority of the following:
4. Where the Commission ascertains that a technical service

does not meet or no longer meets the requirements for its (a) any non-conformity encountered which may require a
designation, it shall inform the Member State of the designating refusal, restriction, suspension or withdrawal of a type-
approval authority accordingly, with a view to establishing, in approval certificate;
cooperation with that Member State, the corrective measures
necessary, and shall request that Member State to take those
corrective measures, including the withdrawal of the designation (b) any circumstances affecting the scope of and conditions for
if necessary. their designation;
(c) any request for information which they have received from
Article 66 market surveillance authorities regarding their activities.
Operational obligations of technical services
1. Technical services shall carry out the categories of 2. On request from their designating approval authority,
activities for which they have been designated on behalf of technical services shall provide information on the activities
the designating approval authority and in accordance with the within the scope of their designation and on any other
assessment and test procedures provided for in this Regulation activity performed, including cross-border activities and subcon
and the acts listed in Annex I. tracting.
CHAPTER XVII (n) the template for the certificate providing proof of
compliance to the approval authority as referred to in
IMPLEMENTING ACTS AND DELEGATED ACTS
Article 53(8).
Article 68
Implementing acts Article 69
For the purposes of achieving the objectives of this Regulation Committee procedure
and in order to lay down uniform conditions for the imple
mentation of this Regulation, the Commission shall, in 1. The Commission shall be assisted by the ‘Technical
accordance with the examination procedure referred to in Committee — Agricultural Vehicles’ (TC-AV). That committee
Article 69(2), adopt implementing acts laying down the is a committee within the meaning of Regulation (EU)
following implementing measures: No 182/2011.
(a) templates for the information document and for the 2. Where reference is made to this paragraph, Article 5 of
information folder referred to in Article 22; Regulation (EU) No 182/2011 shall apply.
(b) the numbering system of EU type-approval certificates Where the committee delivers no opinion, the Commission
referred to in Article 24(4); shall not adopt the draft implementing act and the third
subparagraph of Article 5(4) of Regulation (EU) No 182/2011
(c) the template for the EU type-approval certificate referred to shall apply.
in Article 25(2);
Article 70
(d) the template for the test results sheet appended to the EU Amendment of the Annexes
type-approval certificate referred to in point (a) of
Article 25(3); Without prejudice to the other provisions of this Regulation
relating to the amendment of its Annexes, the Commission
shall also be empowered to adopt delegated acts in accordance
(e) the template for the list of applicable requirements or acts with Article 71 concerning amendments to Annex I in order to
referred to in Article 25(6); introduce regulatory act references and to take corrigenda into
account.
(f) the general requirements for the format of test report
referred to in Article 27(1); Article 71
Exercise of the delegation
(g) the template for the certificate of conformity referred to in
Article 33(2); 1. The power to adopt the delegated acts is conferred on the
Commission subject to the conditions laid down in this Article.
(h) the model for the EU type-approval mark referred to in

Article 34; 2. The power to adopt delegated acts referred to in
Article 17(5), Article 18(4), Article 19(6), Article 20(8),
(i) the authorisations to grant EU type-approvals exempting Article 53(12), Article 61 and Article 70 shall be conferred
new technologies or new concepts referred to in on the Commission for a period of five years from 22 March
Article 35(3); 2013.
(j) the templates for the type-approval certificate and the

3. The delegation of power referred to in Article 17(5),
certificate of conformity as regards new technologies or
new concepts referred to in Article 35(4);
Article 61 and Article 70 may be revoked at any time by the
(k) the authorisations to Member States to extend the type- European Parliament or by the Council. A decision to revoke
approval referred to in Article 36(2); shall put an end to the delegation of the power specified in that
decision. It shall take effect the day following the publication of
the decision in the Official Journal of the European Union or at a
(l) the list of parts or equipment as referred to in later date specified therein. It shall not affect the validity of any
Article 45(2); delegated acts already in force.
(m) the template and the numbering system for the certificate 4. As soon as it adopts a delegated act, the Commission shall
referred to in Article 46(3) as well as all aspects relating to notify it simultaneously to the European Parliament and to the
the procedure of authorisation referred to in that Article; Council.
5. A delegated act adopted pursuant to Article 17(5), granted to vehicles or to systems, components or separate
Article 18(4), Article 19(6), Article 20(8), Article 27(6), technical units before 1 January 2016.
Article 61 and Article 70 shall enter into force only if no
objection has been expressed either by the European Parliament 2. Approval authorities shall continue to grant extension of
or the Council within a period of two months of notification of approvals to the vehicles, systems, components or separate
that act to the European Parliament and the Council or if, technical units referred to in paragraph 1 in accordance with
before the expiry of that period, the European Parliament and Directive 2003/37/EC and any of the directives listed in
the Council have both informed the Commission that they will Article 76(1). However, such approvals shall not be used for
not object. That period shall be extended by two months at the the purposes of obtaining a whole-vehicle type-approval under
initiative of the European Parliament or of the Council. this Regulation.
CHAPTER XVIII 3. By way of derogation from this Regulation, new systems,

components, separate technical units or vehicles of types which
FINAL PROVISIONS
received whole-vehicle type-approval pursuant to Directive
Article 72 2003/37/EC may continue to be registered, placed on the
market or enter into service until 31 December 2017. New
Penalties vehicles of types which were not subject to type-approval
1. Member States shall provide for penalties for infringement under Directive 2003/37/EC may also continue to be registered
by economic operators of this Regulation and the delegated or or enter into service by that date in accordance with the law of
implementing acts adopted pursuant to this Regulation. They the Member State of entry into service or registration.
shall take all measures necessary to ensure that the penalties are
implemented. The penalties provided for shall be effective,
proportionate and dissuasive. Member States shall notify those In such a case, national authorities shall not prohibit, restrict or
provisions to the Commission by 23 March 2015 and shall impede the registration, placing on the market or entry into
notify the Commission without delay of any subsequent service of vehicles complying with the approved type.
amendment affecting them.
Article 74
2. The types of infringements which are subject to a penalty
Report
shall include:
1. By 31 December 2019, Member States shall inform the
Commission of the application of the type-approval procedures
(a) making false declarations during approval procedures or laid down in this Regulation.
procedures leading to a recall;
2. On the basis of the information supplied under paragraph

(b) falsifying test results for type-approval or in-service 1, the Commission shall present a report to the European
conformity; Parliament and the Council on the application of this Regu
lation by 31 December 2020.
(c) withholding data or technical specifications which could

lead to recall, refusal or withdrawal of type-approval; Article 75
Review
1. By 31 December 2022, the Commission shall submit a
(d) use of defeat devices;
report to the European Parliament and to the Council regarding
the subjects referred to in paragraph 3.
(e) refusal to provide access to information;

2. The report shall be based on a consultation of relevant
stakeholders and shall take into account existing related
(f) economic operators making available on the market European and international standards.
vehicles, systems, components or separate technical units
subject to approval without such approval or falsifying
documents or markings with that intention. 3. By 31 December 2021 the Member States shall report to
the Commission on:
Article 73
Transitional provisions (a) the number of individual approvals granted to vehicles
covered by this Regulation before their first registration
1. Without prejudice to other provisions of this Regulation, per year by the national authorities of that Member State
this Regulation shall not invalidate any EU type-approval since 1 January 2016;
(b) the national criteria upon which such approvals were based Article 77
insofar as these criteria deviated from the requirements
obligatory for EU type-approval. Amendment to Directive 2006/42/EC
The first indent of point (e) of Article 1(2) of Directive
4. The report shall be accompanied, where appropriate, by 2006/42/EC is replaced by the following:
legislative proposals, and shall examine the inclusion of indi
vidual approvals in this Regulation on the basis of harmonised ‘— agricultural and forestry tractors, with the exclusion of
requirements. machinery mounted on those vehicles,’.
Article 76
Article 78
Repeal
Entry into force and application
1. Without prejudice to Article 73(2) of this Regulation,
1. This Regulation shall enter into force on the twentieth day
Directive 2003/37/EC as well as Directives 74/347/EEC,
following that of its publication in the Official Journal of the
76/432/EEC, 76/763/EEC, 77/537/EEC, 78/764/EEC,
European Union.
80/720/EEC, 86/297/EEC, 86/298/EEC, 86/415/EEC,
87/402/EEC, 2000/25/EC, 2009/57/EC, 2009/58/EC,
2009/59/EC, 2009/60/EC, 2009/61/EC, 2009/63/EC, 2. It shall apply from 1 January 2016.
2009/64/EC, 2009/66/EC, 2009/68/EC, 2009/75/EC,
2009/76/EC and 2009/144/EC shall be repealed with effect From 22 March 2013, national authorities shall not refuse to
from 1 January 2016. grant EU type-approval or national type-approval for a new
type of vehicle, or prohibit registration, placing on the market
2. References to the repealed Directives shall be construed as or entry into service of a new vehicle where the vehicle
references to this Regulation and shall be read, as regards concerned complies with this Regulation and the delegated
Directive 2003/37/EC, in accordance with the correlation and implementing acts adopted pursuant to this Regulation, if
table set out in Annex III. a manufacturer so requests.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 5 February 2013.
For the European Parliament For the Council

The President The President
M. SCHULZ L. CREIGHTON
L 60/40
ANNEX I
LIST OF REQUIREMENTS FOR THE PURPOSES OF VEHICLE EU TYPE-APPROVAL
Vehicle categories
Motor
Nr. Article Subject Regulatory act reference
vehicles T4.1b T 4.2b Cb
T1a T1b T2a T2b T3a T3b T 4.1a T 4.2a T 4.3a T4.3b Ca Ra Rb Sa Sb
EN
(+) (+) (++)
1 17(2)(a) Vehicle structure RVFSR X X X X X X X X X X X X I I X X X X

integrity
2 17(2)(b) Maximum design RVFSR X X X X X X X X X X X X I I NA NA NA NA

speed, speed
Official Journal of the European Union

governor and speed
limitation devices
3 17(2)(b) Braking devices and RVBR X X X X X X X X X X X X X X X X X X

trailer brake
coupling
4 17(2)(b) Steering for fast RVFSR (based on ECE 79 Y NA X NA X NA X NA X NA X NA X NA I NA NA NA NA

tractors REV [new number])
5 17(2)(b) Steering RVFSR Y X NA X NA X NA X NA X NA X NA I NA NA NA NA NA
6 17(2)(b) Speedometer X X X X X X X X X X X X X X NA NA NA NA
7 17(2)(c) Field of vision and RVFSR (based on ECE 71 Y X X X X X X X X X X X X I I NA NA NA NA
2.3.2013
windscreen wipers REV. 1)
2.3.2013
Vehicle categories
Motor
(+) (+) (++)
8 17(2)(c) Glazing RVFSR (based on ECE 43 X X X X X X X X X X X X I I NA NA NA NA

Rev2 Am3 Sup11)
EN
9 17(2)(c) Rear-view mirrors RVFSR Y X X X X NA X X X X X X X I I NA NA NA NA
10 17(2)(c) Driver information RVFSR Y X X X X X X X X X X X X I I NA NA NA NA

systems
11 17(2)(d) Lighting, light RVFSR (based on Y X X X X X X X X X X X X X X X X X X

signalling devices ECE 3 Rev3 Am1 Sup11;
and their light ECE 4 Rev4 Sup14;
sources ECE 5 Supplement 7 to
the 02 series of
amendments; ECE 6 Rev4
Sup17; ECE 7 Rev4
Sup15;
ECE 19 Rev5 Sup1; ECE
23 Rev2 Sup15;
ECE 31 Supplement 7 to
the 02 series of
amendments;
ECE 37 Supplement 36
to the 03 series of
amendments;
ECE 38 Rev2 Sup14; ECE
98 Rev1 Sup11;
ECE 99 Supplement 6 to
the original version of the
Regulation;
ECE 112 01 series of
amendments;
ECE 113 Supplement 9
to the original version of
L 60/41
the Regulation;)
L 60/42
Vehicle categories
Motor
(+) (+) (++)
12 17(2)(d) Lighting installation RVFSR (based on ECE 86 X X X X X X X X X X X X I I X X X X

Am [new number])
EN
13 17(2)(e) Vehicle occupant RVFSR X X X X X X X X X X X X I I NA NA NA NA
protection,
including interior
fittings, head
restraint, seat belts,
vehicle doors

14 17(2)(f) Vehicle exterior and RVFSR X X X X X X X X X X X X X X X X X X
accessories
15 17(2)(g) Electro-magnetic RVFSR Y X X X X X X X X X X X X I I NA NA NA NA

compatibility
16 17(2)(h) Audible warning RVFSR Y X X X X X X X X X X X X I I NA NA NA NA

device
17 17(2)(i) Heating systems RVFSR Y X X X X X NA X X X X X X I I NA NA NA NA
18 17(2)(j) Devices to prevent RVFSR Y X X X X X X X X X X X X I I Z Z X X

unauthorised use (only
for T-
and C-
categ
2.3.2013
ories)
2.3.2013
Vehicle categories
Motor
(+) (+) (++)
19 17(2)(k) Registration plate RVFSR X X X X X X X X X X X X I I X X X X
EN
20 17(2)(k) Statutory plate and RVFSR X X X X X X X X X X X X I I X X X X
marking
21 17(2)(l) Dimensions and RVFSR X X X X X X X X X X X X I I X X X X

trailer mass
22 17(2)(l) Maximum laden RVFSR X X X X X X X X X X X X X X X X X X

mass
23 17(2)(l) Ballast masses RVFSR X X X X NA NA X X X X X X I I NA NA NA NA
24 17(2)(m) Safety of electrical RVFSR X X X X X X X X X X X X X X X X X X

systems
25 17(2)(a), Fuel tank RVFSR X X X X X X X X X X X X X X NA NA NA NA

17(2)(m),
18(2)(l)
26 17(2)(n) Rear protective RVFSR NA NA NA NA NA NA NA NA NA NA NA NA NA NA X X NA NA
L 60/43
structures
L 60/44
Vehicle categories
Motor
(+) (+) (++)
27 17(2)(o) Lateral protection RVFSR NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA X NA NA
EN
28 17(2)(p) Load platforms RVFSR X X X X X X X X X X X X I I NA NA NA NA
29 17(2)(q) Towing devices RVFSR X X X X X X X X X X X X I I NA NA NA NA

30 17(2)(r) Tyres RVFSR (based on ECE X X X X X X X X X X X X NA NA X X X X
106 Am5 Sup6)
31 17(2)(s) Spray-suppression RVFSR Y NA X NA X NA X NA X NA X NA X NA NA NA X NA NA

systems
32 17(2)(t) Reverse gear RVFSR X X X X X X X X X X X X X X NA NA NA NA
33 17(2)(u) Tracks RVFSR NA NA NA NA NA NA NA NA NA NA NA NA X X NA NA NA NA
34 17(2)(v) Mechanical RVFSR X X X X X X X X X X X I I X X X X
2.3.2013
couplings
2.3.2013
Vehicle categories
Motor
(+) (+) (++)
35 18(2)(a) ROPS RVCR (test report X X NA NA NA NA NA NA X X X X NA NA NA NA NA NA

alternative to the one
EN
within the application
field of OECD Code 3, as
amended)
36 18(2)(a) ROPS (track laid) RVCR (test report NA NA NA NA NA NA NA NA NA NA NA NA X X NA NA NA NA

alternative to the one
amended)

37 18(2)(a) ROPS (static RVCR (test report X X NA NA NA NA NA NA X X X X X X NA NA NA NA
testing) alternative to the one
amended)
38 18(2)(a) ROPS, RVCR (test report NA NA X X X X NA NA NA NA X X NA NA NA NA NA NA

Front-mounted alternative to the one
(narrow-track within the application
tractors) field of OECD Code 6, as
amended)
39 18(2)(a) ROPS, RVCR (test report NA NA X X X X NA NA NA NA X X NA NA NA NA NA NA

Rear-mounted alternative to the one
(narrow-track within the application
tractors) field of OECD Code 7, as
amended)
40 18(2)(b) FOPS, Falling RVCR (test report X X X X X X X X X X X X I I NA NA NA NA

Objects Protection alternative to the one
Structure within the application
field of OECD Code 10,
L 60/45
as amended)
L 60/46
Vehicle categories
Motor
(+) (+) (++)
41 18(2)(c) Passenger seats RVCR X X NA NA X X X X X X X X I I NA NA NA NA
EN
42 18(2)(d) Driver’s exposure to RVCR X X X X X X X X X X X X X X NA NA NA NA
noise level
43 18(2)(e) Driving seat and RVCR X X X X X X X X X X X X I I NA NA NA NA

position

44 18(2)(f) Operating space, RVCR X X X X X X X X X X X X I I NA NA NA NA
access to the
driving position
45 18(2)(g) Power take-offs RVCR X X X X X X X X X X X X X X NA NA NA NA
46 18(2)(h) Protection of drive RVCR X X X X X X X X X X X X X X NA NA NA NA

components
47 18(2)(i) Seat-belt RVCR (test report X X X X X X X X X X X X I I NA NA NA NA

anchorages alternative to the one
field of OECD Codes 3,
4, 6, 7, 8, as amended)
2.3.2013
48 18(2)(j) Safety belts RVCR X X X X X X X X X X X X I I NA NA NA NA
2.3.2013
Vehicle categories
Motor
(+) (+) (++)
49 18(2)(k) OPS, Protection RVCR X X X X X X X X X X X X I I NA NA NA NA
EN
against penetrating
objects
50 18(2)(l) Exhaust system RVCR X X X X X X X X X X X X X X NA NA NA NA

51 18(2)(l), Operators manual RVCR X X X X X X X X X X X X X X X X X X
18(2)(n),
18(2)(q),
18(4)
52 18(2)(o) Controls, including RVCR X X X X X X X X X X X X I I NA NA NA NA

in particular
emergency and
automatic stop
devices
53 18(2)(p) Protection against RVCR X X X X X X X X X X X X I I Z Z X X

mechanical hazards
other than the ones
mentioned in
Article 18(2)(a), (b),
(g), (k), including
protection against
rupture of pipes
carrying fluids and
uncontrolled
movement of the
vehicle
L 60/47
L 60/48
Vehicle categories
Motor
(+) (+) (++)
54 18(2)(r), Guards and RVCR X X X X X X X X X X X X I I Z Z X X
EN
18(2)(p) protective devices
55 18(2)(l), Information, RVCR X X X X X X X X X X X X I I Z Z X X

18(2)(s), warnings and
18(2)(q), markings
18(4)

56 18(2)(t) Materials and RVCR Y X X X X X X X X X X X X I I NA NA NA NA
products
57 18(2)(u) Batteries RVCR Y X X X X X X X X X X X X I I NA NA NA NA
58 18(4) Emergency exit RVCR X X X X X X X X X X X X I I NA NA NA
59 18(2)(l), Cab ventilation and RVCR X X X X X X X X X X X X I I NA NA NA NA

18(4) filtration system
60 18(4) Burning rate of cab RVCR X X X X X X X X X X X X I I NA NA NA NA
2.3.2013
material
2.3.2013
Vehicle categories
Motor
(+) (+) (++)
61 19(2)(a) Pollutant emissions REPPR (emission stages X X X X X X X X X X X X X X NA NA NA NA

from 2000/25/EC and If in If in
97/68/EC) the the
EN
Direc Direc
tive’s tive’s
scope scope
of of
appli appli
cation cation
62 19(2)(b) Sound level REPPR (limit values from Y X X X X X X X X X X X X I I NA NA NA NA

(external) 2009/63/EC)
Legend:

(+) = if such a subcategory is created under the category
(++) = only for the subcategories corresponding to the b-indexed ones under T-category
X = applicable
I = same as for T according to the category
Y = the relevant acts for motor vehicles are accepted as equivalent, as specified in the delegated act
Z = applicable only to interchangeable towed equipment falling in R-category due to technically permissible maximum laden mass to the unladen mass equal to or greater than 3,0 (Article 3, definition 9)
NA = not applicable
RVFSR = Regulation on Vehicle Functional Safety Requirements (delegated act)
RVCR = Regulation on Vehicle Construction Requirements (delegated act)
REPPR = Regulation on Environmental and Propulsion Performance Requirements (delegated act)
RVBR = Regulation on Vehicle Braking Requirements (delegated act)
L 60/49
ANNEX II
LIMITS FOR SMALL SERIES
The number of units within a type to be made available on the market, registered or entered into service per year in each
Member State shall not exceed the value shown below for the vehicle category in question.
Category Units (for each type)
T 150
C 50
ANNEX III
Correlation table
(referred to in Article 76)
Directive 2003/37/EC This Regulation
Article 1 Articles 1 and 2
Article 2 Article 3
Article 3 Articles 20 to 23
Article 4 Articles 22, 24 and 26
Article 8(1) Article 38(2)

Article 8(2) Articles 35 to 37 and Article 39
Article 21 Article 5 and Articles 57 to 67
Article 22 —
Article 23 —
Article 24 —
Article 25 —
Article 26 —

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2.3.

2013 EN Official Journal of the European Union L 60/1

REGULATION (EU) No 167/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

(3) Following the request of the European Parliament and

(4) The requirements of this Regulation are in accordance

(14) In certain limited cases, it is appropriate to allow for

(15) The main objective of Union legislation on the approval

(16) Such measures should only apply to a limited number of

(17) The Union is a contracting party of the Agreement of the

(27) While nothing in this Regulation prevents Member States

— Council Directive 74/347/EEC of 25 June 1974 on

— Council Directive 76/432/EEC of 6 April 1976 on

— Council Directive 76/763/EEC of 27 July 1976 on (4 ) OJ L 220, 29.8.1977, p. 38.

— Directive 2009/59/EC of the European Parliament

— Directive 2009/60/EC of the European Parliament

— Directive 2009/66/EC of the European Parliament HAVE ADOPTED THIS REGULATION:

(3) ‘system type-approval’ means a type-approval whereby an

(5) ‘separate technical unit type-approval’ means a type-

(c) interchangeable towed equipment (category S).

(a) trailers (category R) and interchangeable towed equipment

(22) ‘original parts or equipment’ means parts or equipment

(31) ‘type-approval certificate’ means the document whereby

— category, — maximum laden mass differing by no more than

Article 4 (8) ‘category T4.3’ (low-clearance tractors) comprises four-

(2) ‘category T1’ comprises wheeled tractors, with the closest

(14) ‘category R4’ comprises trailers, the sum of the technically

(a) ‘a’ for interchangeable towed equipment with a Article 7

Obligations of Member States

4. Member States shall organise and carry out market

6. Manufacturers shall be responsible to the approval

Article 9 (a) have access to the information folder referred to in

Article 11 unit, part or equipment, importers shall, to protect the health

6. Importers shall ensure that, while a vehicle, system,

(b) any economic operator to whom they have supplied a

4. Distributors shall, following a reasoned request from a

(f) vehicle exterior and accessories;

(t) reverse gear; (d) driver’s exposure to noise level;

(u) tracks; (e) driving seat;

4. The requirements referred to in paragraphs 1 and 2 shall (j) safety belts;

(o) controls, including safety and reliability of control systems,

(p) protection against mechanical hazards, other than the ones

(t) materials and products;

They shall be measured in accordance with the test procedures

(a) step-by-step type-approval; 8. The Commission shall be empowered to adopt delegated

(c) mixed type-approval. Article 21

2. The information folder shall include the following:

2. EU type-approvals shall be granted in accordance with this

4. EU type-approval certificates shall be numbered in

CONDUCT OF EU TYPE-APPROVAL PROCEDURES 8. If so requested by an approval authority of another

3. The required tests shall be performed on vehicles,

4. In order to verify that a vehicle, system, component or Article 30

6. The Commission shall be empowered to adopt delegated

3. The approval authority shall notify any amendment made

CHAPTER VII CHAPTER VIII

(d) the approval has been withdrawn in accordance with

6. In the case of an incomplete or completed vehicle, the

2. The alternative requirements referred to in paragraph 1

Article 36 4. The type-approval certificate for vehicles type-approved in

If the necessary steps to adapt the delegated or implementing

3. A manufacturer who wishes to benefit from paragraph 1

3. Where the Union has voted in favour of a UNECE regu

7. For the purposes of design and manufacture of auto