G/TBT/N/EU/381  
 
10 June 2016  
(16-3164)  Page: 1/3  
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6 
 
1. Notifying Member: EUROPEAN UNION  
If applicable, name of local government involved (Article 3.2 and 7.2):  
2. Agency responsible: 
European Commission 
EU-TBT Enquiry Point 
Fax: +(32) 2 299 80 43 E-mail: grow-eu-tbt@ec.europa.eu   
Website: http://ec.europa.eu/growth/tools-databases/tbt/  
Name and address (including telephon e and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above : 
3. Notified under Article 2.9.2 [X], 2.10 .1 [ ], 5.6.2 [X], 5.7.1 [ ], other: 
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable): L-category vehicles 
(family name of light vehicles such as po wered cycles, two- and three-wheeled mopeds, 
two-wheeled motorcycles, motorcycles with a side-car, tricycles and quadricycles) 
5. Title, number of pages and langua ge(s) of the notified document: Draft Commission 
Delegated Regulation amending Delegated Regulation (EU) No 3/2014, Delegated 
Regulation (EU) No 44/2014 and Delegated Re gulation (EU) No 134/2014 with regard, 
respectively, to vehicle functional safety requirements, to vehicle construction and general requirements and to environmental and pr opulsion unit performance requirements 
(8 pages + Annex 49 pages, in English) 
6. Description of content: The enclosed draft delegated act contains amendments for the 
three delegated acts to Regulation (EU) No 168/2013. These proposed amendments are 
laid down in three annexes:  
 Annex I of this amending act contains amendments of Regulation (EU) No 3/2014, 
which supplements Regulation (EU) No 168/2013 with technical requirements and 
test procedures in the area of vehicle functional safety. Among others the list set out in Annex I of Regulation (EU) No 3/2014 containing the applicable UNECE 
Regulations was updated and its Annex XV on tyre installation was further clarified 
by adding the provisions on the manufacturer declaration with respect to the permissibility of the 'category of use' with checks performed accordingly. Further clarifications were added on Annex XVII to Regulation (EU) 3/2014 regarding interior 
fittings, on its Annex XVIII with regard to maximum power limitation and on its 
Annex XIX with respect to structural integrity requirements, in particular those for powered cycles in the scope of Regulation (EU) No 168/2013. 
 Annex II contains the amendments of Regulation (EU) No 44/2014, which 
supplements Regulation (EU) No 168/2013 with technical requirements and test procedures with respect to vehicle construction. Also Annex I of Regulation 
(EU) No 44/2014 contains a list of applicable UNECE Regulations and this amending G/TBT/N/EU/381 
 
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  act seeks to update that list. Annex II of Regulation (EU) No 44/2014 is 
supplemented with marking requirements of  parts, equipment and components for 
identification and tampering prevention and its Annex III should be amended to 
provide clarifications on conversion requir ements of subcategories L3e/L4e-A2 into 
A3 motorcycles and vice versa. With respect to Annex XII of Regulation (EU) No 44/2014 amendments were introduced on the standardized on-board 
diagnostics connection interface. This amending act also introduces amendments in 
Annex XI to Regulation (EU) 44/2014 on masses and dimensions and in particular on the ground clearance definition of subcategories L3e-AxE (Enduro motorcycle) and 
L3e-AxT (Trial motorcycle) as well as introducing clarifications in its Annex XVI on 
stands for these motorcycle subcategories.  
 Annex III contains amendments of Regulation (EU) No 134/2014, which 
supplements Regulation (EU) No 168/2013 with technical requirements and test 
procedure in the area of environmen tal and propulsion unit performance 
requirements. In Annexes II and V of Regulation (EU) No 134/2014 some formulae required correction and in its Annex VI regarding the durability of pollution control 
devices the classification criteria of the SRC-LeCV distance accumulation cycle had to 
be adapted for technical progress. Finally Annex IX to Regulation (EU) No 134/2014 should be amended to take into account some of the anti-tampering provisions set 
out in UNECE Regulation Nos 9, 41, 63 and 92 in the area of sound approval, in 
particular for multi-mode sound systems. 
Some clerical and numbering errors in the three delegated acts to Regulation 
(EU) No 168/2013 have been corrected.  
7. Objective and rationale, including the nature of urgent problems where 
applicable: The Commission has kept track of flaws in Regulation (EU) No 168/2013 and 
its four delegated and implementing acts during the period March 2013 to 31 January 2015 
in dedicated tracking lists that are regularly updated and communicated to approval authorities and stakeholders in the Motorcycle Working Group (MCWG) meetings. Also 
questions on interpretation of the text, which were raised by stakeholders and authorities 
during this period and associated replies fr om the Commission, have been collected and 
are regularly communicated since March 2013. As L-category vehicles could already be approved as of 22 September 2014 on a volunt ary basis in accordance with Regulation 
(EU) No 168/2013, any change of the wording d eemed necessary to improve clarity of the 
text in the three delegated acts has been included in this amending act.  
In addition Contracting parties of the UNECE 1958 and 1998 Agreements have been 
informed and consulted on these amendments. The EU has initiated a working group EPPR 
(https://www2.unece.org/wiki/pages/viewpage.action?pageId=5800520 ) that works under 
the umbrella of the UNECE GRPE. The objective of this working group is to develop and 
update international legislation in the area of environmental and propulsion unit 
performance requirements of L-category vehicles. The 10 basic proposals for review of the group have been submitted by the Commission and these proposals are largely identical to 
Regulation (EU) No 168/2013 and Regulation (E U) No 134/2014. As much as possible the 
amendments included in the proposal have also been proposed to revise the base EPPR 
proposals in parallel to the EU amendment process. 
In order to ensure continuous improvement and adaptation to technical progress of the 
legal package based on Regulation (EU) No 168/2013 to approve L-category vehicles, 
which is applicable on a mandatory basis as of 1 January 2016 in the EU, as well as to address some flaws in the three delegate d acts supplementing Regulation (EU) 
No 168/2013, this amending act is proposed for adoption. G/TBT/N/EU/381 
 
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  8. Relevant documents:  
 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 quadricycles (OJ L60, 2.3.2013, p. 52): http://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1465395228102&uri=CELEX:32013R0168  
 Regulation (EU) No 3/2014 on vehicle f unctional safety (OJ L7, 2.1.2014, p. 1): 
http://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1465395286218&uri=CELEX:32014R0003  
 Regulation (EU) No 44/2014 on vehicle construction (OJ L25, 28.1.2014, p. 1): 
http://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1465395321799&uri=CELEX:32014R0044  
 Regulation (EU) No 134/2014 on enviro nmental and propulsion unit performance 
requirements (OJ L53, 21.2.2014, p.1): http://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1465395370523&uri=CELEX:32014R0134  
9. Proposed date of adoption: July 2016 
Proposed date of entry into force: 31 September 2016   
10. Final date for comments: 60 days from notification 
11. Texts available from: National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:  
European Commission 
EU-TBT Enquiry Point Fax: + (32) 2 299 80 43 E-mail: grow-eu-tbt@ec.europa.eu   
The text is available on the Website: http://ec.europa.eu/growth/tools-databases/tbt/   
http://members.wto.org/crnattachments/2016/TBT/EEC/16_2250_00_e.pdf   
http://members.wto.org/crnattachments/2016/TBT/EEC/16_2250_01_e.pdf