Commission Delegated Regulation (EU) 2018/830 of 9 March 2018 amending Annex I to Regulation (EU) No 167/2013 of the European Parliament and of the Council and Commission Delegated Regulation (EU) No 1322/2014 as regards the adaptation of the vehicle construction and general requirements for the approval of agricultural and forestry vehicles

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 18(4) and Article 49(3) thereof,

Whereas:

(1) Several entries of Annex I to Regulation (EU) No 167/2013 should be amended to permit laying down requirements for additional vehicle categories in accordance with the latest versions of certain standard Codes for the official testing of agricultural and forestry tractors of the Organisation for Economic Cooperation and Development (OECD standard Codes) (2).

(2) UNECE regulations which apply on a compulsory basis set out in Annex I to Commission Delegated Regulation (EU) No 1322/2014 (3) are updated frequently. In that regard, the list should be complemented with an explanatory note clarifying that manufacturers are allowed to use subsequent supplements of the applicable series of amendments of those UNECE regulations, even if they are not published in the Official Journal of the European Union.

(3) To make clear that certain requirements of Union legislation are equivalent and fully aligned with the requirements set out in the OECD standard Codes, the text of the requirements and the numbering set out in certain Annexes to Delegated Regulation (EU) No 1322/2014 should be adapted to make them identical with the text and numbering of the corresponding OECD standard Code.

(4) To reduce the number of injuries and fatal accidents caused by the failure to raise the rear – mounted foldable roll-over protection structure on narrow-track tractors in potentially dangerous situations, ergonomic requirements should be made compulsory to facilitate and encourage the raising of the roll-over protection structure when needed.

(5) The list of test reports issued on the basis of the OECD standard Codes and recognised for the purposes of EU type approval as an alternative to the test reports issued on the basis of Delegated Regulation (EU) No 1322/2014 should be brought up to date.

(6) For the purposes of clarifying and improving certain test procedures, additional minor amendments should be made to the test method for the driver's seat and to the requirements on access to the driving position, on the minimum strength of control devices and on the burning rate of cab material set out in Delegated Regulation (EU) No 1322/2014.

(7) Regulation (EU) No 167/2013 and Delegated Regulation (EU) No 1322/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment to Annex I to Regulation (EU) No 167/2013

In Annex I to Regulation (EU) No 167/2013, in row No 38, in the columns for vehicle categories Ca and Cb, ‘NA’ is replaced by ‘X’.

Article 2

Amendments to Delegated Regulation (EU) No 1322/2014

Delegated Regulation (EU) No 1322/2014 is amended as follows:

(1) in Article 12, the words ‘for vehicles of categories T2, T3 and T4.3’ are replaced by the words ‘for vehicles of categories T2/C2, T3/C3 and T4.3/C4.3’;

(2) in Chapter V, the following Article 35a is inserted: ‘Article 35a Transitional provisions

(3) in Annex I, in the text under the heading ‘Explanatory note:’, the following paragraphs are added: ‘The transitional provisions of the UNECE regulations listed in this table shall apply, except where specific alternative dates are provided for in this Regulation. Compliance with prescriptions in accordance with subsequent amendments to those listed in this table shall also be accepted.’;

(4) Annex II is amended in accordance with Annex I to this Regulation;

(9) Annex IX is amended in accordance with Annex II to this Regulation;

(10) Annex X is amended in accordance with Annex III to this Regulation;

(11) Annex XI is amended in accordance with Annex IV to this Regulation;

(13) Annex XIV is amended in accordance with Annex V to this Regulation;

(16) in Annex XXII, point 4 is replaced by the following: ‘4.   Noise declaration The operator's manual shall give the values of the noise at the operator's ear for each testing condition set out in Annex XIII, or alternatively the results of sound level test of OECD standard Code 5 in accordance with point 4 of its specimen test report.’;

(18) in Annex XXVII, point 2 is replaced by the following: ‘2.   Burning rate of cab material The burning rate of cab interior material such as the seat covering, wall, floor and headliner coverings when provided shall not exceed the maximum rate of 150 mm/min when tested in accordance with the standard ISO 3795:1989 or the standard FMVSS302.’.

Article 3

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 March 2018.

For the Commission The President Jean-Claude JUNCKER

(1) OJ L 60, 2.3.2013, p. 1.

(2) http://www.oecd.org/tad/code/oecd-standard-codes-official-testing-agricultural-forestry-tractors.htm

(3) Commission Delegated Regulation (EU) No 1322/2014 of 19 September 2014 supplementing and amending Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to vehicle construction and general requirements for the approval of agricultural and forestry vehicles (OJ L 364, 18.12.2014, p. 1).