CELEX: 
Language: en
Date: 2018-02-15 00:00:00
Title: COMMISSION DELEGATED REGULATION (EU) …/... amending Delegated Regulation (EU) 2015/68 as regards requirements relating to Anti-Lock Braking Systems, high pressure energy storage devices and hydraulic connections of the single-line type

EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE DELEGATED ACT
            
            
               The term ‘agricultural and forestry vehicles’ covers a wide range of different vehicle types with at least two axles, e.g. narrow-track tractors, extra-wide tractors, track-laying tractors, agricultural trailers and interchangeable towed equipment, such as rollers, tillers, seed drills, etc.
            
            
               Type-approval requirements applying to agricultural and forestry vehicles are set out in Directive 2003/37/EC
                  1
                and its implementing Directives which have been repealed with effect from 1 January 2016 and replaced by Regulation (EU) No 167/2013
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                and its four delegated and one implementing acts.
            
            
               The European Commission wishes to upgrade to technical progress this new legislative package by amending Regulation (EU) 2015/68 with the adaptation to state-of-the-art of certain requirements, namely: a) on anti-lock braking systems, following an assessment by the Commission on their availability for and applicability to agricultural and forestry vehicles with maximum design speed between 40km/h and 60km/h, b) improvement of the requirements related to high pressure energy storage devices and c) extension of the application period of the transitional requirements for hydraulic connections of the single line type between tractor and trailer, based on the feedback on braking requirements received by stakeholders and Member States in the first period of implementation.
            
            
               2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
            
            
               In the preparation of this act, the Commission carried out appropriate consultations at expert level comprising the relevant industrial stakeholders, social partners and Member State experts.
            
            
               This act has been subject to a public consultation through the Better Regulation Portal from 18 December 2017 to 15 January 2018; one positive comment has been received.
            
            
               3.LEGAL ELEMENTS OF THE DELEGATED ACT
            
            
               (a)Legal basis
            
            
               The legal basis of this delegated act is 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.
            
            
               (b)Choice of instruments
            
            
               A regulation is the appropriate instrument to amend Regulation (EU) 2015/68.
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of 15.2.2018
            
            
               amending Delegated Regulation (EU) 2015/68 as regards requirements relating to Anti-Lock Braking Systems, high pressure energy storage devices and hydraulic connections of the single-line type
            
            
               (Text with EEA relevance)
            
            
               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
                  3
               , and in particular Article 17(5) thereof,
            
            
               Whereas:
            
            
               (1)Recital (6) of Commission Delegated Regulation (EU) 2015/68 anticipates that the Commission assesses the requirement to fit anti-lock braking systems (ABS) on tractors with maximum design speed between 40 km/h and 60 km/h as of 1 January 2020. Following an assessment of that requirement, the Commission concluded that removing the ABS requirement from the Delegated Regulation for those vehicles avoids disproportionate financial costs for the industry and the users, which would ultimately delay the effective use of state-of-the-art braking technology on the market. Therefore, the requirement to fit ABS on those vehicles should be deleted.
            
            
               (2)The conditions of operation of high pressure energy storage devices should allow for the state-of-the-art pressure range and provide for the corresponding test. The pressure limit values should therefore be adapted accordingly.
            
            
               (3)In order to allow for a smooth transition to the prohibition of hydraulic connections of the single-line type, for the Member States and the industry, when applying the braking requirements of Delegated Regulation (EU) 2015/68 to new tractors connected with trailers already in service, taking into consideration the renewal rate of the agricultural and forestry towed vehicles fleet, the application of the transitional requirements on the single-line type hydraulic connections of braking devices and trailer braking couplings should be extended until 31 December 2024.
            
            
               (4)Delegated Regulation (EU) 2015/68 should therefore be amended accordingly.
            
            
               (5)Considering that this Regulation contains a number of important amendments  to Delegated Regulation (EU) 2015/68, necessary for its smooth application, it should enter into force as a matter of urgency,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
                  Amendments to Delegated Regulation (EU) 2015/68
            
            
               Delegated Regulation (EU) 2015/68 is amended as follows:
            
            
               (1) Article 16 is replaced by the following:
            
            
               "Article 16
            
            
               Requirements applying to hydraulic connections of the single-line type and to tractors fitted with them
            
            
               1. The performance requirements applying to hydraulic connections of the single-line type of braking devices and trailer braking couplings and to tractors fitted with hydraulic connections of the single-line type are laid down in Annex XIII. Those requirements shall apply until 31 December 2024.
            
            
               2. Manufacturers shall not fit hydraulic connections of the single-line type to new tractors after 31 December 2024.".
            
            
               (2) Article 17 is amended as follows:
            
            
               (a) the second paragraph is deleted;
            
            
               (b) the fourth paragraph is replaced by the following:
            
            
               "With effect from 1 January 2025, national authorities shall prohibit the making available on the market, registration, or entry into service of new tractors fitted with hydraulic connections of the single-line type.".
            
            
               (3) Annexes I, IV and XIII to Delegated Regulation (EU) 2015/68 are amended in accordance with the Annex to this Regulation.
            
         
         
            
               Article 2
               Entry into force 
            
            
               This Regulation shall enter into force on the third 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, 15.2.2018
            
            
               
                     For the Commission
               
               
                     The President
                     Jean-Claude JUNCKER
               
            
         
         
            
                  
                     (1)
                  
                        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)
               
               
                  
                     (2)
                  
                        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)
               
               
                  
                     (3)
                  
                        OJ L 60, 2.3.2013, p. 1.
               
            
      
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               ANNEX 
            
            
               Annexes I, IV and XIII to Delegated Regulation (EU) 2015/68 are amended as follows:
            
            
               (1) Annex I is amended as follows:
            
            
               (a) point 2.2.1.21.2 is deleted;
            
            
               (b) point 2.2.1.23 is replaced by the following: 
            
            
               "Tractors other than those referred to in point 2.2.1.21.1 which are fitted with anti-lock braking systems shall comply with the requirements of Annex XI.";
            
            
               (c) in point 2.2.2.15.1.1, the words "This pressure shall not exceed 11 500 kPa" are deleted;
            
            
               (d) the following points 2.2.2.15.1.1.1 and 2.2.2.15.1.1.2 are inserted:
            
            
                  "2.2.2.15.1.1.1.
                     This low pressure in the hydraulic energy storage devices shall not exceed 11 500 kPa for systems using energy storage devices with a maximum operational pressure of 15 000 kPa.
            
            
                  2.2.2.15.1.1.2.
                     
                     This low pressure in the hydraulic energy storage devices may exceed 11 500 kPa for systems using energy storage devices which are charged to a maximum operational pressure exceeding 15 000 kPa to comply with the prescribed braking performance.".
            
            
               (2)In Annex IV, in part C (Hydraulic braking systems with stored energy), the following point 1.3.2.1.1 is inserted:
            
            
               "1.3.2.1.1. 
                     In case of systems using energy storage devices that are charged to a maximum operational pressure exceeding 15 000 kPa to comply with the requirements of the prescribed braking performance, the pressure in the energy storage devices at the beginning of the test shall be the maximum pressure provided for by the manufacturer.".
            
            
               (3) Annex XIII is amended as follows:
            
            
               (a)point 1.1 is replaced by the following
            
            
               "A hydraulic connection of the single-line type may be installed on the tractor which is equipped with either of the following:
            
            
               (a) any of the connection types referred to in point 2.1.4 of Annex I;
            
            
               (b) any of the connection types referred to in points 2.1.5.1.1, 2.1.5.1.2 and 2.1.5.1.3 of Annex I. In this case, in order to avoid a duplication of a connector, the male connector of the hydraulic connection of the single-line type may be the male connector described in point 2.1.5.1.1 of Annex I, provided that the pressures that are generated on that connector comply with points 1.1.1, 1.1.2 and 1.1.3.";
            
            
               (b)The following points 1.1.1, 1.1.2 and 1.1.3 are inserted:
            
            
               "1.1.1. In the case that a control line and a supplementary line of a towed vehicle are connected, the pressure pm generated shall be in accordance with Diagram 2 of Appendix 1 to Annex II. 
            
         
         
            
               1.1.2. In the case that a towed vehicle with a hydraulic connection of the single-line type is connected, the pressure pm generated shall be in accordance with point 2 or 3 of this Annex.
            
            
               1.1.3. Detection of connected lines in points 1.1.1 and 1.1.2 shall be done by automatic means.".