Commission Regulation (EU) 2015/166Show full title

Commission Regulation (EU) 2015/166

of 3 February 2015

supplementing and amending Regulation (EC) No 661/2009 of the European Parliament and of the Council as regards the inclusion of specific procedures, assessment methods and technical requirements, and amending Directive 2007/46/EC of the European Parliament and of the Council, and Commission Regulations (EU) No 1003/2010, (EU) No 109/2011 and (EU) No 458/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)(1), and in particular Article 39(2) thereof,

Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor(2), and in particular Article 14(1)(a) and (f) thereof,

Whereas:

(1) It is necessary to lay down detailed provisions for the type-approval of motor vehicles, their trailers and systems, components and separate technical units intended therefor regarding their general safety and to clarify the conditions of application of the relevant legislation made compulsory by Regulation (EC) No 661/2009.

(2) Without prejudice to the list of regulatory acts setting the requirements for the purpose of EC type-approval of vehicles laid down in Annex IV to Directive 2007/46/EC, Regulation (EC) No 661/2009 provides vehicle manufacturers with the possibility to submit an application for type-approval for measures implementing Regulation (EC) No 661/2009 setting out requirements in areas covered by UNECE regulations.

(3) It is in particular necessary to set out specific procedures for type-approval according to Article 20 of Directive 2007/46/EC concerning new technologies or concepts incompatible with the existing measures implementing Regulation (EC) No 661/2009 covered by UNECE regulations, as such provisions are currently unavailable, but needed.

(4) It is in principle not possible to obtain type-approval in accordance with UNECE regulations in the case of installed components or separate technical units which have only a valid EC type-approval. However, this should be made possible for the purposes of EC type-approval according to Regulation (EC) No 661/2009, based on the provisions of the UNECE regulations.

(5) Annex XV to Directive 2007/46/EC lists regulatory acts for which a manufacturer may be designated as technical service, including a number of Directives that are repealed by Regulation (EC) No 661/2009. It is therefore necessary to replace the references to the relevant Directives with references to the appropriate measures implementing Regulation (EC) No 661/2009.

(6) Annex XVI to Directive 2007/46/EC lists the regulatory acts for which virtual testing may be used by the manufacturer or a technical service, including a number of Directives that are repealed by Regulation (EC) No 661/2009. It is therefore necessary to replace the relevant references to the relevant Directives with the references to the appropriate measures implementing Regulation (EC) No 661/2009.

(7) To allow for a consistent approach with regard to the numbering of EC type-approval certificates and EC type-approval marks, it is further necessary to set out specific administrative provisions as well as a numbering and marking system under Regulation (EC) No 661/2009.

(8) UNECE regulations contain specific provisions on the particulars that must accompany an application for type approval. In the context of the procedures provided for in this Regulation, those particulars should equally be indicated in the information folder.

(9) Compliance with Council Directive 71/320/EEC(3), repealed by Regulation (EC) No 661/2009, is still compulsory for replacement brake lining assemblies but compliance with UNECE Regulation No 90(4) was accepted as an alternative. Detailed provisions, including adequate transitional provisions, have to be provided for regarding the replacement of brake lining assemblies, drum brake linings, brake discs and brake drums for power-driven vehicles and their trailers in accordance with UNECE Regulation No 90.

(10) Concerning vehicles of category N, pursuant to Article 6(4) of Regulation (EC) No 661/2009, the vehicle cab or the space provided for the driver and passengers must be of sufficient strength to offer protection to the occupants in the event of an impact, taking account of UNECE Regulation No 29(5). For this purpose, this regulation is to be included in the list of UNECE regulations which comply on a compulsory basis.

(11) The table in Annex I to Regulation (EC) No 661/2009 laying down the scope of application for the requirements referred to in Article 5(1) and (2) of that Regulation needs to be updated following the adoption of Commission Directive 2010/19/EU(6).

(12) Additional requirements concerning cab strength, tyre-pressure monitoring, advanced emergency braking, lane departure warning, gear shift indicator and electronic stability control set out in Regulation (EC) No 661/2009 are not incorporated in the table in Annex I, but should still apply for the purposes of type-approval.

(13) The list of UNECE regulations which apply on a compulsory basis in Annex IV to Regulation (EC) No 661/2009 is updated frequently to reflect the current situation concerning amendments made to the respective UNECE regulations.

(14) That list should be complemented with information clarifying under what conditions existing EC type-approvals granted on the basis of Directives repealed by Regulation (EC) No 661/2009 continue to be valid for certain vehicles, components and separate technical units.

(15) Commission Regulation (EU) No 1003/2010(7) concerning the space for mounting and the fixing of rear registration plates needs to be revised to take account of specific vehicle designs.

(16) Commission Regulation (EU) No 109/2011(8) concerning spray suppression systems needs to be amended to update the reference to the Commission Regulation on wheel guards as well as the latter being applicable for additional vehicle categories.

(17) Commission Regulation (EU) No 458/2011(9) concerning the installation of tyres needs to be adapted to technical progress concerning the optional spare wheel for N₁ category vehicles laid down in UNECE Regulation No 64(10).

(18) Two items in Annex XI to Directive 2007/46/EC listing regulatory acts for special purpose vehicles need to be revised with respect to vehicle sound level requirements so as to bring the applicable requirements back in conformity with provisions that were applied previously.

(19) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 263, 9.10.2007, p. 1.

(2)

OJ L 200, 31.7.2009, p. 1.

(3)

Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and of their trailers (OJ L 202, 6.9.1971, p. 37).

(4)

OJ L 185, 13.7.2012, p. 24.

(5)

OJ L 304, 20.11.2010, p. 21.

(6)

Commission Directive 2010/19/EU of 9 March 2010 amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council (OJ L 72, 20.3.2010, p. 17).

(7)

Commission Regulation (EU) No 1003/2010 of 8 November 2010 concerning type-approval requirements for the space for mounting and the fixing of rear registration plates on motor vehicles and their trailers and implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 291, 9.11.2010, p. 22).

(8)

Commission Regulation (EU) No 109/2011 of 27 January 2011 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council as regards type-approval requirements for certain categories of motor vehicles and their trailers as regards spray suppression systems (OJ L 34, 9.2.2011, p. 2).

(9)

Commission Regulation (EU) No 458/2011 of 12 May 2011 concerning type-approval requirements for motor vehicles and their trailers with regard to the installation of their tyres and implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 124, 13.5.2011, p. 11).

(10)

OJ L 310, 26.11.2010, p. 18.