Considerations on COM(2018)289 - Amendment of and correcting Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles - Main contents
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| dossier | COM(2018)289 - Amendment of and correcting Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry ... |
|---|---|
| document | COM(2018)289  |
| date | March 19, 2019 |
| (2) | An accurate definition of the different features of agricultural tractors based on the analysis of their technical characteristics is of the utmost importance for the correct and complete implementation of this Regulation and of the delegated and implementing acts adopted under it. Considering that discussions on the definitions of the categories take place in the relevant international fora, of which the Union is a party, such work should be taken into account by the Commission to prevent any disproportionate and negative effects on the application of technical requirements and test procedures, as well as any negative impacts for the manufacturers, in particular of highly specialised tractors. |
| (3) | In Regulation (EU) No 167/2013, it should be made clear that the term ‘interchangeable machinery’ means ‘interchangeable equipment’, thereby ensuring that terminology is used consistently throughout that Regulation. |
| (4) | In Regulation (EU) No 167/2013, importers are required to retain a copy of the certificate of conformity in respect of products that are not in conformity with that Regulation or which present a serious risk. It should be made clear that what is being referred to is an EU type-approval certificate. That Regulation should therefore be amended to refer to the appropriate document. |
| (5) | Regulation (EU) No 167/2013 requires that an EU type-approval certificate contains, as an attachment, the test results. It should be made clear that what is being referred to is the test results sheet. That Regulation should therefore be amended to refer to the appropriate attachment. |
| (6) | Regulation (EU) No 167/2013 empowered the Commission to adopt delegated acts for a period of five years, which expired on 21 March 2018. As there is a continuing need to update various elements of the type-approval process as laid down by that Regulation and the acts adopted pursuant to it, in particular to adapt them to technical progress or to introduce corrections, the period for the exercise of the delegation of power should be extended, with the possibility for further tacit extensions. |
| (7) | Regulation (EU) No 167/2013, refers to the repeal of Council Directive 74/347/EEC (4) when it should refer instead to the repeal of Directive 2008/2/EC of the European Parliament and of the Council (5), which codified the former Directive. It is therefore necessary to amend the relevant reference in Regulation (EU) No 167/2013. |
| (8) | As this Regulation amends Regulation (EU) No 167/2013 without expanding its regulatory content, and since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| (9) | Regulation (EU) No 167/2013 should therefore be amended accordingly, |