Commission Delegated Regulation (EU) No 3/2014

of 24 October 2013

supplementing Regulation (EU) No 168/2013 of the European Parliament and of the Council with regard to vehicle functional safety requirements for the approval of two- or three-wheel vehicles and quadricycles

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles1, and in particular Articles 18(3), 20(2), 22(5) and 54(3) thereof,

Whereas:

(1)

The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. To that end, comprehensive EU type-approval and a strengthened market surveillance system for L-category vehicles and its systems, components and separate technical units, as defined by Regulation (EU) No 168/2013, apply.

(2)

The term ‘L-category vehicles’ covers a wide range of light vehicle types with two, three or four wheels, e.g. powered cycles, two- and three-wheel mopeds, two- and three-wheel motorcycles, motorcycles with side-cars and four-wheel vehicles (quadricycles) such as on-road quads, all-terrain vehicles and quadrimobiles.

(3)
By Council Decision 97/836/EC2, the Union acceded to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’).
(4)

By Decision 97/836/EC, the Union also acceded to United Nations Economic Commission for Europe (UNECE) regulations Nos 1, 3, 4, 6, 7, 8, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 23, 25, 26, 28, 31, 34, 37, 38, 39, 43, 44, 46, 48, 58, 66, 73, 77, 79, 80, 87, 89, 90, 91, 93, 97, 98, 99, 100 and 102.

(5)
The Union acceded to UNECE regulation No 110 on specific components of motor vehicles using compressed natural gas (CNG) in their propulsion system and on vehicles with regard to the installation of specific components of an approved type for the use of compressed natural gas (CNG) in their propulsion system. By Council Decision 2000/710/EC3, the Union has also acceded to UNECE regulation No 67 on the approval of special equipment for motor vehicles fuelled by liquefied petroleum gas.
(6)
Manufacturers apply for type approval for L-category vehicles, their systems, components or separate technical units in accordance with Regulation (EU) No 168/2013. In the Union legislation most requirements on vehicle parts are taken over from the corresponding UNECE regulations. UNECE regulations are constantly amended in line with technological progress and the respective Union regulations have to be regularly updated accordingly. In order to avoid this duplication, the CARS 21 High Level Group recommended4 the replacement of several Union directives by way of the incorporation and compulsory application of the corresponding UNECE regulations in Union law.
(7)

The possibility of applying UNECE regulations by virtue of Union legislation that provides for the incorporation of those UNECE regulations for the purpose of EU vehicle type-approval is provided for in Regulation (EU) No 168/2013. Under that Regulation, type-approval in accordance with UNECE regulations which apply on a compulsory basis is regarded as EU type-approval in accordance with that Regulation and its delegated and implementing acts.

(8)

The compulsory application of UNECE regulations helps avoiding duplication not only of technical requirements but also of certification and administrative procedures. In addition, type-approval that is directly based on internationally agreed standards could improve market access in third countries, in particular those which are contracting parties to the Revised 1958 Agreement, and thus enhance the Union industry’s competitiveness.

(9)

It is appropriate to include UNECE regulations Nos 1, 3, 4, 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 23, 26, 28, 30, 31, 34, 37, 38, 39, 43, 44, 45, 46, 48, 53, 54, 55, 56, 57, 60, 62, 64, 67, 72, 74, 75, 76, 77, 78, 81, 82, 87, 90, 91, 97, 98, 99, 100,, 104, 106, 110, 112, 113, 116, 119, 121, 122, 123 and 127 in the list of UNECE regulations that apply on a compulsory basis set out in Annex I to this Regulation.

(10)

Article 22 of, and Annexes II(B) and VIII to, Regulation (EU) No 168/2013 lay down functional safety requirements. Requirements regarding saddles and seats, steer-ability, cornering properties and turn-ability, endurance testing of functional safety critical systems, parts and equipment and vehicle structure integrity are deemed paramount for the functional safety of an L-category vehicle, as well as requirements on electrical safety, which was added in order to adapt to technical progress. Requirements regarding the maximum speed limitation plate and its location on the vehicle as also regarding roll-over protective structure have been adopted to address specific characteristics of category L7e-B vehicle’s that are designed for off-road use but that travel also on hard-paved public roads.

(11)

The limitation to ‘four’ of the ratio of auxiliary propulsion power and actual pedal power for cycles designed to pedal set out in Annex XIX should be subject to further scientific research and assessment. Upon availability of scientific data and statistics on vehicles placed on the market, the ratio ‘four’ referred to above may be revisited in a future revision of this Regulation.

(12)

This Regulation should apply as from date of application of Regulation (EU) No 168/2013,

HAS ADOPTED THIS REGULATION: