Legal provisions of COM(2018)296 - Labelling of tyres with respect to fuel efficiency and other essential parameters

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2018)296 - Labelling of tyres with respect to fuel efficiency and other essential parameters.
document COM(2018)296 EN
date May 25, 2020

Contents

Article 1 - Subject matter

This Regulation establishes a framework for the provision of harmonised information on tyre parameters through labelling to allow end-users to make an informed choice when purchasing tyres, for the purpose of increasing safety, the protection of health, and the economic and environmental efficiency of road transport, by promoting fuel‐efficient, long‐lasting and safe tyres with low noise levels.

Article 2 - Scope

1. This Regulation applies to C1 tyres, C2 tyres and C3 tyres that are placed on the market.

Requirements for re‐treaded tyres apply once a suitable testing method to measure the performance of such tyres is available in accordance with Article 13.

2. This Regulation does not apply to:

(a)off‐road professional tyres;

(b)tyres designed to be fitted only on vehicles registered for the first time before 1 October 1990;

(c)T‐type temporary‐use spare tyres;

(d)tyres whose speed rating is less than 80 km/h;

(e)tyres whose nominal rim diameter does not exceed 254 mm or is 635 mm or more;

(f)tyres fitted with additional devices to improve traction properties, such as studded tyres;

(g)tyres designed only to be fitted on vehicles intended exclusively for racing;

(h)second‐hand tyres, unless such tyres are imported from a third country.

Article 3 - Definitions

For the purposes of this Regulation, the following definitions apply:

(1)‘C1 tyres’, ‘C2 tyres’ and ‘C3 tyres’ means tyres belonging to the respective classes set out in Article 8(1) of Regulation (EC) No 661/2009;

(2)‘re‐treaded tyre’ means a used tyre that is reconditioned by replacing the worn tread with new material;

(3)‘T‐type temporary‐use spare tyre’ means a temporary‐use spare tyre designed for use at inflation pressures higher than those established for standard and reinforced tyres;

(4)‘off‐road professional tyre’ means a special‐use tyre used primarily in severe off‐road conditions;

(5)‘tyre label’ means a graphic diagram, in printed or electronic form, including in the form of a sticker, which includes symbols in order to inform end-users about the performance of a tyre or batch of tyres in relation to the parameters set out in Annex I;

(6)‘point of sale’ means a location where tyres are displayed or stored and are offered for sale, including car show rooms where tyres that are not fitted on vehicles are offered for sale to end-users;

(7)‘technical promotional material’ means documentation, in printed or electronic form, that is produced by a supplier to supplement advertising material with the information set out in Annex IV;

(8)‘product information sheet’ means a standard document containing the information set out in Annex III in printed or electronic form;

(9)‘technical documentation’ means documentation sufficient to enable market surveillance authorities to assess the accuracy of the tyre label and the product information sheet, including the information set out in point (2) of Annex VII;

(10)‘product database’ means the product database established pursuant to Article 12 of Regulation (EU) 2017/1369;

(11)‘distance selling’ means the offer for sale, hire or hire purchase by mail order, catalogue, internet, telemarketing or by any other method by which the potential end-user cannot be expected to see the tyre displayed;

(12)‘manufacturer’ means a manufacturer as defined in point (8) of Article 3 of Regulation (EU) 2019/1020;

(13)‘importer’ means an importer as defined in point (9) of Article 3 of Regulation (EU) 2019/1020;

(14)‘authorised representative’ means a natural or legal person established within the Union who has received a written mandate from a manufacturer to act on the manufacturer’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under the requirements of this Regulation;

(15)‘supplier’ means a manufacturer established in the Union, an authorised representative of a manufacturer who is not established in the Union, or an importer, who places a product on the Union market;

(16)‘distributor’ means a natural or legal person in the supply chain, other than the supplier, who makes a product available on the market;

(17)‘making available on the market’ means making available on the market as defined in point (1) of Article 3 of Regulation (EU) 2019/1020;

(18)‘placing on the market’ means placing on the market as defined in point (2) of Article 3 of Regulation (EU) 2019/1020;

(19)‘end-user’ means a consumer, fleet manager or road transport undertaking that buys or is expected to buy a tyre;

(20)‘parameter’ means a tyre characteristic that has a significant impact on the environment, road safety or health during the use of the tyre, such as tyre abrasion, mileage, rolling resistance, wet grip, external rolling noise, snow grip or ice grip;

(21)‘tyre type’ means a version of a tyre for which the technical characteristics on the tyre label, the product information sheet and the tyre type identifier are the same for all units of that version;

(22)‘verification tolerance’ means the maximum admissible deviation between the measurement and calculation results of the verification tests performed by, or on behalf of, market surveillance authorities, and the values of the declared or published parameters, reflecting deviation arising from interlaboratory variation;

(23)‘tyre type identifier’ means a code, usually alphanumeric, which distinguishes a specific tyre type from other tyre types that have the same trade name or the same trademark as that of the supplier;

(24)‘equivalent tyre type’ means a tyre type which is placed on the market by the same supplier as another tyre type with a different tyre type identifier and which has the same technical characteristics that are relevant to the tyre label and the same product information sheet.

Article 4 - Obligations of tyre suppliers

1. Suppliers shall ensure that C1 tyres, C2 tyres and C3 tyres that are placed on the market are accompanied free of charge:

(a)for each individual tyre, by a tyre label, in the form of a sticker, that complies with the requirements set out in Annex II, indicating the information and class for each of the parameters set out in Annex I, and by a product information sheet; or

(b)for each batch of one or more identical tyres, by a printed tyre label that complies with the requirements set out in Annex II, indicating the information and class for each of the parameters set out in Annex I, and by a product information sheet.

2. For tyres sold or offered for sale by distance selling, suppliers shall ensure that the tyre label is displayed close to the price indication and that the product information sheet can be accessed, including, upon request from the end-user, in printed form. The size of the tyre label shall be such that it is clearly visible and legible and shall be proportionate to the size specified in point 2.1 of Annex II.

For tyres sold or offered for sale on the internet, suppliers may make the tyre label for a specific tyre type available in a nested display.

3. Suppliers shall ensure that any visual advertisement for a specific tyre type shows the tyre label. If the visual advertisement indicates the price of that tyre type, the tyre label shall be displayed close to the price indication.

For visual advertisements on the internet, suppliers may make the tyre label available in a nested display.

4. Suppliers shall ensure that any technical promotional material concerning a specific tyre type displays the tyre label of that tyre type and includes the information set out in Annex IV.

5. Suppliers shall provide to a relevant national authority as defined in point (37) of Article 3 of Regulation (EU) 2018/858 the values used to determine the related classes and any additional performance information that the supplier declares on the tyre label of tyre types in accordance with Annex I to this Regulation, as well as the tyre label that complies with the requirements set out in Annex II to this Regulation. That information shall be submitted to the relevant national authority on the basis of Article 5(1) and (2) of this Regulation before the placing on the market of the tyre types in question, so that the authority may verify the accuracy of the tyre label.

6. Suppliers shall ensure the accuracy of the tyre labels and product information sheets that they provide.

7. Suppliers may make technical documentation available to the authorities of Member States other than those authorities indicated in paragraph 5 or to relevant national accredited bodies on request.

8. Suppliers shall cooperate with market surveillance authorities and shall take immediate action to remedy any case of non‐compliance with this Regulation for which they are responsible, at their own initiative or when required to do so by market surveillance authorities.

9. Suppliers shall not provide or display other labels, marks, symbols or inscriptions that do not comply with this Regulation and that would be likely to mislead or confuse end-users with respect to the parameters set out in Annex I.

10. Suppliers shall not provide or display labels that mimic the tyre label provided for under this Regulation.

Article 5 - Obligations of tyre suppliers in relation to the product database

1. From 1 May 2021, suppliers shall enter the information set out in Annex VII into the product database before placing on the market a tyre produced after that date.

2. For tyres that are produced between 25 June 2020 and 30 April 2021, the supplier shall enter the information set out in Annex VII into the product database by 30 November 2021.

3. For tyres that are placed on the market before 25 June 2020, the supplier may enter the information set out in Annex VII into the product database.

4. Until the information referred to in paragraphs 1 and 2 has been entered into the product database, the supplier shall make an electronic version of the technical documentation available for inspection within 10 working days of receiving a request from a market surveillance authority.

5. Where type‐approval authorities or market surveillance authorities need information other than that set out in Annex VII in order to carry out their tasks under this Regulation, the supplier shall provide them with that information on request.

6. A tyre for which changes are made that are relevant for the tyre label or the product information sheet shall be considered to be a new tyre type. The supplier shall indicate in the product database when it has ceased to place on the market units of a certain tyre type.

7. After the final unit of a tyre type has been placed on the market, the supplier shall keep the information concerning that tyre type in the compliance part of the product database for a period of five years.

Article 6 - Obligations of tyre distributors

1. Distributors shall ensure that:

(a)at the point of sale, tyres bear a tyre label, in the form of a sticker, that complies with the requirements set out in Annex II, provided by the supplier in accordance with point (a) of Article 4(1) in a clearly visible position and legible in its entirety, and that the product information sheet is available, including, upon request, in printed form; or

(b)before the sale of a tyre that is part of a batch of one or more identical tyres, a printed tyre label that complies with the requirements set out in Annex II, is shown to the end-user and is clearly displayed close to the tyre at the point of sale, and that the product information sheet is available.

2. Distributors shall ensure that any visual advertisement for a specific tyre type shows the tyre label. If the visual advertisement indicates the price of that tyre type, the tyre label shall be displayed close to the price indication.

For visual advertisements on the internet for a specific tyre type, distributors may make the tyre label available in a nested display.

3. Distributors shall ensure that any technical promotional material concerning a specific tyre type displays the tyre label and includes the information set out in Annex IV.

4. Distributors shall ensure that where tyres offered for sale are not visible to the end-user at the time of sale, they provide the end-user with a copy of the tyre label before the sale.

5. Distributors shall ensure that any paper‐based distance selling shows the tyre label and that end-users can access the product information sheet through a free access website, and can request a printed copy of the product information sheet.

6. Distributors that use telemarketing‐based distance selling shall inform end-users of the classes for each of the parameters on the tyre label, and inform end-users that they can access the tyre label and the product information sheet through a free access website, and by requesting a printed copy.

7. For tyres sold or offered for sale on the internet, distributors shall ensure that the tyre label is displayed close to the price indication and that the product information sheet can be accessed. The size of the tyre label shall be such that it is clearly visible and legible and shall be proportionate to the size specified in point 2.1 of Annex II.

Distributors may make the tyre label for a specific tyre type available in a nested display.

Article 7 - Obligations of vehicle suppliers and vehicle distributors

Where end-users intend to acquire a new vehicle, vehicle suppliers and vehicle distributors shall provide, before the sale, those end-users with the tyre label for the tyres offered with or fitted on the vehicle and any relevant technical promotional material, and shall ensure that the product information sheet is available.

Article 8 - Obligations of hosting service providers

Where a service provider as referred to in Article 14 of Directive 2000/31/EC allows the selling of tyres through its internet site, that service provider shall enable the display of the tyre label and the product information sheet provided by the supplier close to the price indication and shall inform the distributor of the obligation to display the tyre label and the product information sheet.

Article 9 - Testing and measurement methods

The information to be provided under Articles 4, 6 and 7 on the parameters indicated on the tyre label shall be obtained in accordance with the testing methods referred to in Annex I and the laboratory alignment procedure referred to in Annex V.

Article 10 - Verification procedure

For each of the parameters set out in Annex I, Member States shall apply the verification procedure set out in Annex VI when assessing the conformity of the declared classes with this Regulation.

Article 11 - Obligations of Member States

1. Member States shall not impede the placing on the market or putting into service of tyres within their territories, where such tyres comply with this Regulation.

2. Where Member States provide incentives with regard to tyres, such incentives shall target only tyres in class A or B with respect to rolling resistance or wet grip within the meaning of Parts A and B of Annex I, respectively. Taxation and fiscal measures shall not constitute incentives for the purposes of this Regulation.

3. Without prejudice to Regulation (EU) 2019/1020, where the relevant national authority as defined in point (37) of Article 3 of Regulation (EU) 2018/858 has sufficient reason to believe that a supplier has not ensured the accuracy of the tyre label in accordance with Article 4(6) of this Regulation, it shall verify that the classes and any additional performance information declared on the tyre label correspond to the values and to the documentation submitted by the supplier, in accordance with Article 4(5) of this Regulation.

4. In accordance with Regulation (EU) 2019/1020, Member States shall ensure that the national market surveillance authorities establish a system of routine and ad hoc inspections of points of sale for the purposes of ensuring compliance with this Regulation.

5. Member States shall lay down the rules on penalties and enforcement mechanisms applicable to infringements of this Regulation and of the delegated acts adopted pursuant thereto, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by 1 May 2021, notify the Commission of those rules and of those measures that have not previously been notified to the Commission, and shall notify it, without delay, of any subsequent amendment affecting them.

Article 12 - Union market surveillance and control of products entering the Union market

1. Regulation (EU) 2019/1020 shall apply to the tyres covered by this Regulation and the relevant delegated acts adopted pursuant thereto.

2. The Commission shall encourage and support cooperation and the exchange of information on market surveillance relating to the labelling of tyres between the authorities of the Member States that are responsible for market surveillance or are in charge of the control of tyres entering the Union market, and between those authorities and the Commission, in particular by involving the Administrative Cooperation Group for the Labelling of Tyres more closely.

3. Member States’ national market surveillance strategies established pursuant to Article 13 of Regulation (EU) 2019/1020 shall include actions to ensure the effective enforcement of this Regulation.

4. Market surveillance authorities may recover the costs of document inspection and physical product testing from the supplier in cases of non‐compliance by the supplier with this Regulation or the relevant delegated acts adopted pursuant thereto.

Article 13 - Delegated acts

1. The Commission is empowered to adopt delegated acts in accordance with Article 14 in order to amend:

(a)Annex II with regard to the content and format of the tyre label;

(b)parts D and E of Annex I and Annexes II, III, IV, V, VI and VII, by adapting the values, calculation methods and requirements set out therein to technological progress.

2. By 26 June 2022, the Commission shall adopt delegated acts in accordance with Article 14 in order to supplement this Regulation by introducing new information requirements for re‐treaded tyres in the Annexes, provided that a suitable testing method is available.

3. The Commission is also empowered to adopt delegated acts in accordance with Article 14 in order to include parameters or information requirements for tyre abrasion and mileage, as soon as reliable, accurate and reproducible methods to test and measure tyre abrasion and mileage are available for use by European or international standardisation organisations and provided that the following conditions are met:

(a)a thorough impact assessment has been carried out by the Commission; and

(b)a proper consultation of the relevant stakeholders has been conducted by the Commission.

4. Where appropriate, when preparing delegated acts, the Commission shall test the content and format of tyre labels with representative groups of Union customers to ensure that the tyre labels are clearly understandable, and shall publish the results.

Article 14 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 13 shall be conferred on the Commission for a period of five years from 25 June 2020. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five‐year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law‐Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 15 - Evaluation and report

By 1 June 2025, the Commission shall carry out an evaluation of this Regulation and submit a report to the European Parliament, the Council and the European Economic and Social Committee.

That report shall assess how effectively this Regulation and the delegated acts adopted pursuant thereto have led end-users to choose higher‐performing tyres, taking into account the impact of this Regulation and the delegated acts adopted pursuant thereto on business, fuel consumption, safety, greenhouse gas emissions, consumer awareness and market surveillance activities. The report shall also assess the costs and benefits of mandatory independent third‐party verification of the information provided in the tyre label, taking into account experience gained with regard to the broader framework provided by Regulation (EC) No 661/2009.

Article 16 - Amendment to Regulation (EU) 2017/1369

In Article 12(2) of Regulation (EU) 2017/1369, point (a) is replaced by the following:

‘(a)to support market surveillance authorities in carrying out their tasks under this Regulation and the relevant delegated acts, including enforcement thereof, and under Regulation (EU) 2020/740 of the European Parliament and of the Council (*1).

Article 17 - Repeal of Regulation (EC) No 1222/2009

Regulation (EC) No 1222/2009 is repealed with effect from 1 May 2021.

References to the repealed Regulation shall be construed as references to this Regulation and read in accordance with the correlation table in Annex VIII to this Regulation.

Article 18 - 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.

It shall apply from 1 May 2021.

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