Directive 2003/37/EC of the European Parliament and of the Council
of 26 May 2003
on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) In connection with the harmonisation of approval procedures, it has become essential to bring the provisions of Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors(4) into line with those of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(5) and those of Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two- or three-wheel motor vehicles(6).
(2) Directive 74/150/EEC currently limits the scope of the Community type-approval procedure to wheeled agricultural or forestry tractors. It is therefore also essential to extend its scope to other categories of agricultural or forestry vehicles. This Directive is therefore a first step towards the regulation of other agricultural motorised vehicles.
(3) Account should also be taken of the fact that an exemption procedure should be introduced for certain vehicles built in limited numbers, end-of-series vehicles, or those which take advantage of technical progress not covered by a separate directive.
(4) This Directive being based on the principle of total harmonisation, the period before EC type-approval becomes compulsory should be long enough to allow the manufacturers of those vehicles to adjust to the new harmonised procedures.
(5) As a result of Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community 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)(7), the various international regulations to which the Community has acceded must be complied with. Also, certain tests should be harmonised with those defined by the Organisation for Economic Cooperation and Development (OECD) codes.
(6) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(8).
(7) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union as general principles of Community law.
(8) Directive 74/150/EEC has been variously and substantially amended, and should therefore be recast in the interests of clarity and rationality,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Scope
1. This Directive applies to the type-approval of vehicles, whether built in one or more stages. It applies to vehicles defined in Article 2(d) having a maximum design speed of not less than 6 km/h.
This Directive also applies to the EC type-approval of the systems, components and separate technical units intended for use on such vehicles.
2. This Directive does not apply to:
(a) approval of single vehicles;
However, this procedure may apply to certain categories of vehicles which fall within the scope of this Directive and for which EC type-approval is obligatory;
(b) machinery that has been specially designed for forestry use, such as skidders and forwarders as defined in standard ISO 6814:2000;
(c) forestry machinery based on chassis for earthmoving equipment as defined in standard ISO 6165:2001;
(d) interchangeable machinery that is fully raised from the ground when the vehicle to which it is attached is in use on a road.
Article 2
Definitions
For the purposes of this Directive:
(a) "EC type-approval" means the procedure whereby a Member State certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant technical requirements of this Directive; the EC type-approval of systems, components and separate technical units may also be referred to as "EC component type-approval";
(b) "multi-stage EC type-approval" means the procedure whereby one or more Member States certify that, depending on the state of completion, an incomplete or completed vehicle type satisfies the relevant technical requirements of this Directive;
(c) "approval of single vehicles" means the procedure whereby a Member State certifies that a vehicle approved individually satisfies the national requirements;
(d) "vehicle" means any tractor, trailer or interchangeable towed machinery, whether complete, incomplete or completed, which is intended to be used in agriculture or forestry;
(e) "vehicle category" means any set of vehicles which have identical design characteristics;
(f) "type of vehicle" means vehicles of a particular category which do not differ in the essential respects referred to in Annex II, Chapter A; the different variants and versions of a type of vehicle set out in Annex II, Chapter A are permissible;
(g) "base vehicle" means any incomplete vehicle, the vehicle identification number of which is retained during subsequent stages of the multi-stage EC type-approval process;
(h) "incomplete vehicle" means any vehicle which still needs completion in at least one further stage in order to meet all the relevant requirements of this Directive;
(i) "completed vehicle" means a vehicle resulting from the process of multi-stage EC type-approval which meets all the relevant requirements of this Directive;
(j) "tractor" means any motorised, wheeled or tracked agricultural or forestry tractor having at least two axles and a maximum design speed of not less than 6 km/h, the main function of which lies in its tractive power and which has been especially designed to pull, push, carry and actuate certain interchangeable equipment designed to perform agricultural or forestry work, or to tow agricultural or forestry trailers; it may be adapted to carry a load in the context of agricultural or forestry work and/or may be equipped with passenger seats;
(k) "trailer" means any towed agricultural or forestry trailer intended mainly to carry loads and designed to be towed by a tractor for agricultural or forestry purposes; trailers of which part of the load is borne by the drawing vehicle fall within this category; any vehicle coupled to a tractor and permanently incorporating an implement shall be assimilated to an agricultural or forestry trailer if the ratio of the technically permissible gross mass to the unladen mass of that vehicle is equal to or greater than 3,0 and if the vehicle has not been designed to process materials;
(l) "interchangeable towed machinery" means any instrument used in agriculture or forestry which is designed to be towed by a tractor and changes or adds to its functions; it may include a load platform designed and constructed to receive any tools and appliances needed for those purposes, and to store temporarily any materials produced or needed during work; any vehicle intended to be towed by a tractor and permanently incorporating an implement or designed to process materials shall be considered interchangeable towed machinery if the ratio of the technically permissible gross mass to the unladen mass of that vehicle is less than 3,0;
(m) "system" means a set of devices, combined to perform a specific function in a vehicle;
(n) "component" means a device, intended to be part of a vehicle, which may be type-approved independently of a vehicle;
(o) "separate technical unit" means a device, intended to be part of a vehicle, which may be type-approved separately but only in relation to one or more specified types of vehicles;
(p) "manufacturer" means the natural or legal person who is responsible to the EC type-approval authority for all aspects of the type-approval process and for ensuring conformity of production, regardless of whether that person be directly involved in all stages of the construction of a vehicle, system, component or separate technical unit; the following are also considered to be manufacturers:
(i) any natural or legal person who, for his own use, designs, has designed, manufactures or has manufactured a vehicle, system, component or separate technical unit;
(ii) any natural or legal person who is responsible for ensuring compliance with this Directive at the time a vehicle, system, component or separate technical unit is placed on the market or enters into service;
A manufacturer's representative is a natural or legal person established in the Community, duly appointed by the manufacturer to represent him vis-à-vis the competent authority and to act on his behalf, in the field of this Directive.
In the following where reference is made to the term "manufacturer" it must be understood as a manufacturer or his representative.
(q) "entry into service" means the first use for its intended purpose within the Community of any vehicle which requires no installation or adjustment by the manufacturer or a third party designated by him prior to its first use; the date it is registered or placed for the first time on the market shall be considered the date of entry into service;
(r) "EC type-approval authority" means the authority in a Member State which is responsible for all aspects of the approval of a type of vehicle, system, component or separate technical unit, and which issues and, where appropriate, withdraws EC type-approvals, serves as the contact point for the EC type-approval authorities in the other Member States and checks the measures taken by the manufacturer in order to ensure product conformity;
(s) "technical service" means the organisation or body that has been appointed as a testing laboratory to carry out tests or inspections on behalf of the EC type-approval authority in a Member State; this function may also be carried out by the EC type-approval authority itself;
(t) "separate directives" means the directives listed in Annex II, Chapter B;
(u) "EC type-approval certificate" means one of the forms appearing in Annex II, Chapter C, or the corresponding annex to a separate directive, setting out what information is to be supplied by the EC type-approval authority;
(v) "information document" means one of the forms appearing in Annex I, or the corresponding annex to a separate directive, setting out what information is to be supplied by the applicant;
(w) "information folder" means the complete folder or file containing, in particular, the data, drawings and photographs required as per Annex I and supplied by the applicant to the technical service or EC type-approval authority as required by the information document provided for in a separate directive or in this Directive;
(x) "information package" means the information folder plus any test reports or other documents that the technical services or EC type-approval authority has added to the information folder while carrying out its tasks;
(y) "index to the information package" means the document setting out the contents of the information package which has been suitably numbered or otherwise marked in order clearly to identify all pages;
(z) "certificate of conformity" means the document set out in Annex III, delivered by the manufacturer, in order to certify that a particular vehicle, approved according to this Directive, complies with all applicable regulatory instruments at the time of its production and stating that it may be registered or put into service in all Member States without any additional inspection.
Article 3
Application for EC type-approval
1. The manufacturer shall submit an application for vehicle EC type-approval to the approval authority of a Member State. It shall be accompanied by an information folder containing the information required by Annex I.
With regard to the EC type-approval of systems, components and separate technical units, the information folder shall also be made available to the EC type-approval authority until EC type-approval is granted or refused.
2. In the case of multi-stage EC type-approval, the information to be supplied shall consist of:
(a) at stage one: those parts of the information folder and the EC type-approval certificates required for a complete vehicle which correspond to the state of completion of the base vehicle;
(b) at the second and subsequent stages: those parts of the information folder and the EC type-approval certificates which are relevant to the current stage of construction and a copy of the EC type-approval certificate for the incomplete vehicle issued at the previous stage; in addition, the manufacturer shall supply a detailed list of the changes and additions which he has made to the incomplete vehicle.
3. The manufacturer shall submit an application for EC type-approval of a system, component or separate technical unit to the EC type-approval authority in a Member State. It shall be accompanied by an information folder as required by the separate directive.
4. Applications for EC type-approval of a type of vehicle, system, component or separate technical unit may be submitted to only a single Member State. A separate application shall be submitted for each type to be approved.
Article 4
The EC type-approval process
1. Each Member State shall grant:
(a) the EC type-approval to the vehicle types which conform to the particulars in the information folder and which, according to their category, meet the technical requirements of all the separate directives set out in Annex II, Chapter B;
(b) the multi-stage EC type-approval to incomplete or completed base vehicles which conform to the particulars in the information folder and which meet the technical requirements of all the separate directives set out in Annex II, Chapter B;
(c) system, component or separate technical unit EC type-approval to all types of systems, components or separate technical units which conform to the particulars in the information folder and which meet the technical requirements contained in the corresponding separate directive listed in Annex II, Chapter B.
Where the system, component or separate technical unit to be approved fulfils its function or offers a specific feature only in conjunction with other parts of the vehicle, and where, for this reason, compliance with one or more requirements can be verified only when the system, component or separate technical unit to be approved operates in conjunction with other vehicle parts, whether real or simulated, the scope of the EC type-approval of the system, component or separate technical unit must be restricted accordingly.
In this case, the EC type-approval certificate for such a system, component or separate technical unit shall indicate any restrictions on its use and any conditions for fitting it. Observance of these restrictions and conditions shall be verified at the time of EC type-approval of the vehicle.
2. If a Member State finds that a vehicle, system, component or separate technical unit which complies with the provisions of paragraph 1 is nevertheless a serious risk to road safety, the environment or occupational safety, it may refuse to grant EC type-approval. It shall forthwith notify the other Member States and the Commission thereof, stating the reasons on which its decision is based.
3. For each vehicle type in respect of which they have granted, refused to grant or withdrawn EC type-approval, the approval authority in each Member State shall send a copy of the EC type-approval certificate accompanied by the attachments specified in Chapter C of Annex II to the type-approval authorities in the other Member States within one month.
4. Each month, the EC type-approval authority in each Member State shall send a list containing the particulars shown in Annex VI of the EC type-approvals for systems, components or separate technical units which it has granted, refused to grant or withdrawn during the month in question to the EC type-approval authorities in the other Member States.
These authorities, on receiving an application from the EC type-approval authority in another Member State, shall immediately send it a copy of the EC type-approval certificate for the system, component or separate technical unit in question and/or an information package for each type of system, component or separate technical unit in respect of which it has issued, refused to issue or withdrawn EC type-approval.
Article 5
Amendments to EC type-approvals
1. The Member State which has granted EC type-approval shall take the necessary measures to ensure that it is informed of any change in the particulars appearing in the information package.
2. An application for amendment of an EC type-approval shall be submitted exclusively to the Member State which granted the initial EC type-approval.
3. If, in the case of EC type-approval, any particulars appearing in the information package have changed, the EC type-approval authority in the Member State which granted the initial EC type-approval shall issue revised pages of the information package as necessary, marking each revised page to show clearly the nature of the change and the date of re-issue.
A consolidated, updated version of the information package, accompanied by a detailed description of the amendment, shall also be considered to meet this requirement.
4. Each time amended pages or a consolidated, updated version are issued, the index to the information package attached to the EC type-approval certificate shall also be amended to show the most recent dates of amendment, or the date of the consolidated, updated version.
5. The amendment shall be considered to be an "extension" and the type-approval authority in the Member State which granted the initial EC type-approval shall issue a revised EC type-approval certificate bearing an extension number that clearly states the reason for the extension and its date of re-issue in the following cases:
(a) if further inspections are required;
(b) if any information in the EC type-approval certificate, with the exception of its attachments, has changed;
(c) if the requirements of a separate directive which applied on the date from which first entry into service is prohibited have changed since the date which currently appears in the vehicle EC type-approval certificate.
6. If the EC type-approval authority in the Member State which granted the initial EC type-approval finds that an amendment to an information package warrants further inspections or fresh tests or checks, it shall inform the manufacturer accordingly and shall issue the documents referred to in paragraphs 3, 4 and 5 only after carrying out tests or checks which have produced satisfactory results.
Article 6
Certificate of conformity and EC type-approval mark
1. In his capacity as holder of a vehicle EC type-approval certificate, the manufacturer shall issue a certificate of conformity.
This certificate, specimens of which are given in Annex III, shall accompany each vehicle, whether complete or incomplete, manufactured in conformity with the approved vehicle type.
2. For purposes of vehicle taxation or registration, Member States may, after giving at least three months' notice to the Commission and the other Member States, require particulars not mentioned in Annex III to be added to the certificate of conformity, provided such particulars are explicitly stated in the information package or can be derived from it by a simple calculation.
3. In his capacity as holder of an EC type-approval certificate for a system, component or separate technical unit, the manufacturer shall affix to each component or unit manufactured in conformity with the approved type the trade name or mark, the type and/or, if the separate directive so provides, the EC type-approval mark or number.
4. In his capacity as holder of an EC type-approval certificate which, in accordance with Article 4(1)(c), includes restrictions on the use of the system, component or separate technical unit in question, the manufacturer shall provide with each system, component or separate technical unit detailed information on these restrictions and shall indicate any conditions for fitting it.
Article 7
Registration, sale and entry into service
1. Each Member State shall register new type-approved vehicles, permit their sale or permit their entry into service on grounds relating to their construction and functioning only if they are accompanied by a valid certificate of conformity.
Each Member State shall permit the sale of incomplete vehicles but may refuse their permanent registration and entry into service until such time as they are completed.
2. Each Member State shall permit the sale or entry into service of systems, components or separate technical units only if these systems, components or separate technical units comply with the requirements of the corresponding separate directives and the requirements referred to in Article 6(3).
Article 8
Exemptions
1. The requirements of Article 7(1) shall not apply to vehicles intended for use by the armed forces, civil protection, fire-fighting or public order services or to vehicles type-approved in accordance with paragraph 2 of this Article.
2. Each Member State may, at the request of the manufacturer, exempt the vehicles referred to in Articles 9, 10 and 11 from one or more of the provisions of one or more of the separate directives.
Every year, the Member States shall send the Commission and other Member States a list of the exemptions granted.
Article 9
Vehicles produced in small series
For vehicles produced in small series, the number of vehicles registered, offered for sale or put into service each year in each Member State shall be limited to the maximum number of units indicated in Annex V, Section A.
Every year, the Member States shall send the Commission a list of the EC type-approvals of these vehicles. The Member State granting such an EC type-approval shall send a copy of the information documents and the EC type-approval certificate and all its attachments to the approval authorities in the other Member States designated by the manufacturer, stating the nature of the exemptions which have been granted. Within three months, these Member States shall decide whether they accept the EC type-approval for vehicles to be registered within their territory and, if so, for how many vehicles.
Article 10
End-of-series vehicles
1. For end-of-series vehicles, Member States may, at the request of the manufacturer, within the quantitative limits set out in Annex V, Section B, and for the limited period specified in the third subparagraph, register and permit the sale or entry into service of new vehicles that conform to a type of vehicle the approval of which is no longer valid.
The first subparagraph shall apply solely to vehicles which:
(a) are on Community territory, and
(b) are accompanied by a valid certificate of conformity issued when the EC type-approval of the vehicle in question was still valid, but which was not registered or placed in service before the said approval lost its validity.
This option shall be restricted to a period of 24 months for complete vehicles and 30 months for completed vehicles from the date of expiry of the EC type-approval.
2. In order to apply paragraph 1 to one or more types of vehicles in a specific category, their manufacturer must submit a request to the competent authorities in each Member State affected by the entry into service of that type of vehicle. The request must specify the technical and/or economic grounds on which it is based.
Within three months, these Member States shall decide whether or not to authorise the registration of the type of vehicle in question in their territory, and if so for how many vehicles.
Each Member State affected by the entry into service of these types of vehicles shall be responsible for ensuring that their manufacturer complies with Annex V, Section B.
Article 11
Incompatibility of vehicles, systems, components or separate technical units
For vehicles, systems, components or separate technical units designed in accordance with techniques or principles that are incompatible with one or more of the requirements of one or more of the separate directives:
(a) a Member State may grant a provisional EC type-approval. In this case, it must, within one month, send a copy of the EC type-approval certificate and its attachments to the approval authorities in the other Member States and to the Commission. At the same time, it shall send the Commission a request for authorisation to grant EC type-approval under this Directive.
That request must be accompanied by a file containing the following information:
(i) the reasons for which the techniques or principles at issue make the vehicle, system, component or separate technical unit incompatible with the requirements of one or more of the relevant separate directives;
(ii) a description of the safety, environmental protection or occupational safety issues raised and of the action taken;
(iii) a description of the tests, together with their results, which show that the level of safety, environmental protection and occupational safety guaranteed is at least equivalent to that guaranteed by the requirements of one or more of the relevant separate directives;
(b) within three months of receipt of the complete file, the Commission shall submit a draft decision to the committee referred to in Article 20(1). In accordance with the procedure referred to in Article 20(2), the Commission shall decide whether or not to authorise the Member State to grant an EC type-approval under this Directive.
Only the request for an authorisation and the draft decision shall be sent to the Member States in their national language(s);
(c) if the request is approved, the Member State may grant an EC type-approval under this Directive. In this case, the decision must also state whether restrictions are to be imposed on the validity of such EC type-approvals. In no case shall the period of validity of the EC type-approval be less than 36 months;
(d) where the separate directives have been adapted to technical progress in such a way that the types of vehicles, systems, components or separate technical units approved under this Article comply with the amended directives, the Member States shall convert those EC type-approvals into EC type-approvals which comply with this Directive, allowing the time needed for the necessary changes to components or separate technical units, in particular, the removal of any references to restrictions or exemptions;
(e) if the action needed to adapt the specific separate directives has not been taken, the validity of the EC type-approvals granted under this Article may be extended, at the request of the Member State having granted the EC type-approval, by means of another Commission decision;
(f) an exemption granted for the first time under this Article can serve as a reference for the Committee referred to in Article 20(1) for further, identical requests.
Article 12
Equivalence
1. Acting by a qualified majority on a proposal from the Commission, the Council may acknowledge equivalence between the conditions or provisions for EC type-approval of vehicles, systems, components and separate technical units established by this Directive together with the separate directives, and the procedures established by international regulations or regulations of third countries in the framework of multilateral agreements or bilateral agreements between the Community and third countries.
2. The equivalence of EC type-approvals issued on the basis of the separate directives on motor vehicles as defined in Directive 70/156/EEC and set out in Annex II, Chapter B, Part II-A, to this Directive, is acknowledged.
3. The equivalence of type-approvals issued on the basis of the UN/ECE regulations which are annexed to the revised 1958 Agreement set out in Annex II, Chapter B, Part II-B, to this Directive, is acknowledged.
4. The equivalence of the test bulletins issued on the basis of the standardised OECD codes set out in Annex II, Chapter B, Part II-C, to this Directive is acknowledged as an alternative to the test reports drawn up under the separate directives.
Article 13
Arrangements to ensure conformity of production
1. A Member State granting an EC type-approval shall take the measures referred to in Annex IV in relation to that approval to verify, where appropriate in cooperation with the EC type-approval authorities in the other Member States, that adequate arrangements have been made to ensure that the vehicles, systems, components or separate technical units produced conform to the approved type.
2. A Member State which has granted an EC type-approval shall take the measures referred to in Annex IV in relation to that approval to verify, where appropriate in cooperation with the EC type-approval authorities in the other Member States, that the arrangements referred to in paragraph 1 continue to be adequate and that the vehicles, systems, components or separate technical units produced continue to conform to the approved type.
Verification to ensure that products conform to the approved type shall be limited to the procedures set out in Section 2 of Annex IV.
Article 14
Obligation to provide information
The competent EC type-approval authorities in the Member States shall inform each other within one month of any withdrawal of EC type-approval and of the reasons for any such measure.
Article 15
Safeguard clauses
1. If a Member State establishes that vehicles, systems, components or separate technical units of a particular type pose a serious risk to road safety or occupational safety although they are accompanied by a valid certificate of conformity or are properly marked, it may, for a maximum period of six months, refuse to register such vehicles or prohibit the sale or entry into service in its territory of such vehicles, systems, components or separate technical units.
It shall forthwith notify the other Member States and the Commission thereof, stating the reasons on which its decision is based.
2. In the situations described in paragraph 1, the Commission shall enter into consultation with the parties concerned as soon as possible.
Where, after such consultations, the Commission concludes:
(a) that the measure is justified, it shall immediately inform the Member State which initiated the action and the other Member States;
(b) that the measure is not justified, it shall immediately inform the Member State which initiated the action and the manufacturer.
Where the decision described in paragraph 1 is justified because of a gap in one of the separate directives, the decision to maintain it shall be adopted in accordance with the procedure provided for in Article 20(2).
Article 16
Failure to conform to the approved type
1. Failure to conform to the approved type occurs where deviations from the particulars in the EC type-approval certificate and/or the information package are found and where these deviations have not been authorised under Article 5(3) by the Member State which granted the EC type-approval.
A vehicle is not to be considered to deviate from the approved type where the tolerances permitted by separate directives are met.
2. If a Member State which has granted EC type-approval finds that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an EC type-approval mark do not conform to the type it has approved, it shall take the necessary measures to ensure that the vehicles, systems, components or separate technical units produced conform to the approved type.
The EC type-approval authority in that Member State shall inform those of the other Member States and the Commission of the measures taken, which may extend to withdrawal of EC type-approval.
3. The authority responsible for EC type-approval of the vehicle shall ask the Member State which granted EC type-approval of the system, component, separate technical unit or incomplete vehicle to take the necessary action to ensure that the vehicles produced conform to the approved type in the case of:
(a) EC vehicle type-approval where non-conformity of a vehicle arises exclusively from non-conformity of a system, component or separate technical unit, or
(b) multi-stage EC type-approval where non-conformity of a completed vehicle arises exclusively from non-conformity of a system, component or separate technical unit forming part of the incomplete vehicle, or of the incomplete vehicle itself.
It shall forthwith inform the Commission thereof, and paragraph 2 shall apply.
Article 17
Verification of non-conformity
If a Member State finds that vehicles, systems, components or separate technical units accompanied by an EC certificate of conformity or bearing an EC type-approval mark do not conform to the approved type, it may ask the Member State which granted the EC type-approval to verify that the vehicles, systems, components or separate technical units produced conform to the approved type.
Such action shall be taken as soon as possible, and in any case within six months of the date of the request.
Article 18
Notification of decisions and legal remedies available
All decisions refusing or withdrawing EC type-approval, refusing registration or prohibiting entry into service or sale taken pursuant to the provisions adopted in implementation of this Directive shall state the grounds on which they are based.
All such decisions shall be notified to the party concerned who shall, at the same time, be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.
Article 19
Amendment of the Annexes to this Directive or of the separate directives
1. The measures necessary for the implementation of this Directive relating to the subject-matter referred to below shall be adopted in accordance with the procedure set out in Article 20(2):
(a) the changes needed to adapt the Annexes to this Directive, or
(b) the changes needed to adapt the technical provisions of the separate directives, or
(c) the introduction into the separate directives of provisions relating to the EC type-approval of separate technical units.
2. If, pursuant to Decision 97/836/EC, new regulations or amendments to existing regulations which the Community has accepted are introduced, the Commission shall, as a result, adapt the Annexes to this Directive, in accordance with the procedure set out in Article 20(2).
Article 20
Committee
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The committee shall adopt its rules of procedure.
Article 21
Notification of the EC type-approval authorities and technical services
1. The Member States shall notify the Commission and the other Member States of the names and addresses of:
(a) the EC type-approval authorities and, where appropriate, the fields for which they are responsible, and
(b) the technical services which they have appointed, specifying for which test procedures each of these bodies has been appointed.
The technical services notified must meet the harmonised standard on the operation of testing laboratories (EN - ISO/IEC 17025:2000) subject to the following conditions:
(i) a manufacturer may be appointed as a technical service only where this is expressly provided for by separate directives or alternative regulations;
(ii) the use of outside equipment by a technical service, with the agreement of the EC type-approval authority, is authorised.
2. A notified technical service shall be presumed to meet the harmonised standard referred to in paragraph 1(b).
However, where appropriate, the Commission may ask the Member States to provide supporting evidence.
3. Services in third countries may be notified as appointed technical services only where this is provided for in a bilateral or multilateral agreement between the Community and the third country in question.
Article 22
Implementation
1. The Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004 at the latest. They shall forthwith inform the Commission thereof.
They shall apply these provisions from 1 July 2005.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive.
Article 23
Enforcement measures for the EC type-approval
1. As regards vehicles belonging to categories T1, T2 and T3, Member States shall apply this Directive to:
(a) new types of vehicles from 1 July 2005;
(b) all new vehicles entered into service from 1 July 2009.
2. For vehicle categories other than those referred to in paragraph 1, once all the separate Directives for a vehicle category as defined in Annex II are adopted, Member States shall apply this Directive:
(a) three years after the date of entry into force of the last separate directive which must still be adopted for new types of vehicles;
(b) six years after the date of entry into force of the last separate directive which must still be adopted for all vehicles entered into service.
3. Member States may, at the request of the manufacturers, apply this Directive to new types of vehicle as from the dates of entry into force of all the related separate directives.
Article 24
Repeal
1. Directive 74/150/EEC shall be repealed with effect from 1 July 2005.
2. References to Directive 74/150/EEC shall be construed as references to this Directive and read in accordance with the correlation table set out in Annex VIII to this Directive.
Article 25
Entry into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
Article 26
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 26 May 2003.