COMMISSION DELEGATED DIRECTIVE (EU) 2021/1716

of 29 June 2021

amending Directive 2014/47/EU of the European Parliament and of the Council as regards modifications to the vehicle category designations stemming from amendments to the type-approval legislation

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2014/47/EU of the European Parliament and of the Council of 3 April 2014 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (1) and in particular Article 21 thereof,

Whereas:

(1) Directive 2014/47/EU applies to commercial vehicles with a design speed exceeding 25km/h of the categories listed in Article 2(1) of that Directive. Those categories are determined by reference to Directives 2003/37/EC (2) and 2007/46/EC (3) of the European Parliament and of the Council.

(2) Directives 2003/37/EC and 2007/46/EC were repealed, respectively, by Regulation (EU) No 167/2013 (4), and Regulation (EU) 2018/858 (5) of the European Parliament and of the Council.

(3) Given the changes to the vehicle category designations that stemmed from the repeal of Directive 2003/37/EC by Regulation (EU) No 167/2013, the vehicle categories referred to in Article 2(1) of Directive 2014/47/EU, as well as point 6 of Annex IV to that Directive, should be updated.

(4) Directive 2014/47/EU should therefore be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1 Directive 2014/47/EU is amended as follows: (1) Article 2 is amended as follows: (a) paragraph 1 is amended as follows: (i) the introductory wording is replaced by the following: ‘1. This Directive shall apply to vehicles with a design speed exceeding 25 km/h of the following categories, as defined in Regulation (EU) No 167/2013 of the European Parliament and of the Council (*1), and Regulation (EU) 2018/858 of the European Parliament and of the Council (*2): (*1) 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 (OJ L 60, 2.3.2013, p. 1)." (*2) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).’;" (ii) point (d) is replaced by the following: ‘(d) vehicles of categories T1b, T2b, T3b, T4.1b, T4.2b and T4.3b the use of which mainly takes place on public roads for commercial road haulage purposes, with a maximum design speed exceeding 40 km/h.’; (2) in Annex IV, point 6 is amended as follows: (a) points (g) and (h) are replaced by the following: ‘(g) T1b; (h) T2b;’; (b) the following points (i) to (m) are added: ‘(i) T3b; (j) T4.1b; (k) T4.2b; (l) T4.3b; (m) Other vehicle category: (please specify).’.

Article 2 Transposition 1. Member States shall adopt and publish, by 27 September 2022 at the latest, the laws, regulations and administrative measures necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply the measures necessary to comply with Article 1 from 27 September 2022. When Member States adopt those 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 text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4 Addressees This Directive is addressed to the Member States.

Done at Brussels, 29 June 2021. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 127, 29.4.2014, p. 134.

(2) 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 (OJ L 171, 9.7.2003, p. 1).

(3) 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 (OJ L 263, 9.10.2007, p. 1).

(4) 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 (OJ L 60, 2.3.2013, p. 1).

(5) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).