Regulation (EU) No 167/2013 of the European Parliament and of the CouncilShow full title

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)

Article 40U.K.Making available on the market or entry into service of components and separate technical units

1.Components or separate technical units may only be made available on the market or entered into service [F1if they comply with the requirements of the relevant acts listed in Annex I and are properly marked in accordance with Article 34][F1if paragraph 1A applies to the components or separate technical units].

[F21A.This paragraph applies to components or separate technical units if they—

(a)comply with the requirements of the relevant acts listed in Annex 1 and are properly marked in accordance with Article 34;

(b)comply with the requirements of the relevant acts listed in Annex 1 to Regulation (EU) No 167/2013 as it has effect in EU law and are properly marked in accordance with Article 34 of that Regulation; or

(c)comply with the requirements of the relevant acts listed in Annex 1 to Regulation (EU) No 167/2013 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement and are properly marked in accordance with Article 34 of that Regulation.]

2.Paragraph 1 shall not apply in the case of components or separate technical units which are specifically constructed or designed for new vehicles not covered by this Regulation.

3.By way of derogation from paragraph 1, Member States may permit the making available on the market or entry into service of components or separate technical units which have been exempted from one or more provisions of this Regulation under Article 35 or are intended for mounting on vehicles covered by approvals granted under Article 37 that concern the component or separate technical unit in question.

4.By way of derogation from paragraph 1, and unless otherwise provided for in this Regulation or in one of the delegated acts adopted pursuant to this Regulation, Member 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 made available on the market or entered into service, were not required to be type-approved by this Regulation or by Directive 2003/37/EC.

Textual Amendments

F1Words in Art. 40(1) substituted (temp.) (31.12.2020 for a period of two years at the end of which this amending provision will expire) by S.I. 2019/648, reg. 8(3)(a) (with reg. 11) (as inserted by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1393), regs. 1(2), 2(8)(b) (with reg. 2(12)))