(Utkast) Kommisjonens gjennomføringsforordning om fastsettelse av gjennomføringsbestemmelser til europaparlaments- og rådsforordning (EU) 2019/2144 med hensyn til enhetlige framgangsmåter og tekniske spesifikasjoner for typegodkjenning av motorkjøretøyer og av systemer, komponenter og uavhengige tekniske enheter for slike kjøretøyer når det gjelder deres generelle konstruksjonskarakteristikker og sikkerhet
(Draft) Commission Implementing Regulation laying down rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications for the type-approval of vehicles, and of systems, components and separate technical units intended for such vehicles, as regards their general construction characteristics and safety
Utkast til kommisjonsforordning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 5.12.2020
BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)
(1) Regulation (EC) No 78/2009 of the European Parliament and of the Council , Regulation (EC) No 79/2009 of the European Parliament and of the Council , Regulation (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009 , (EU) No 406/2010 , (EU) No 672/2010 , (EU) No 1003/2010 , (EU) No 1005/2010 , (EU) No 1008/2010 , (EU) No 1009/2010 , (EU) No 19/2011 , (EU) No 109/2011 , (EU) No 65/2012 , (EU) No 130/2012 , (EU) No 347/2012 , (EU) No 351/2012 , (EU) No 1230/2012 and (EU) 2015/166 are repealed as of 6 July 2022. Their provisions should be carried over and, where necessary, amended to take account of current practice and technological developments.
(2) Provisions concerning uniform procedures and technical specifications for type-approval of vehicles and of certain systems, components and separate technical units regarding their general safety should be laid down in this Regulation.
(3) The scope of this Regulation should be in line with that of Regulation (EU) 2019/2144, in particular as defined in its Annex II.
(4) The provisions concerning the type-approval procedures set out in Regulation (EU) 2018/858 of the European Parliament and of the Council , and in particular in Chapters III and IV thereof, apply to the type-approval of vehicles, systems, components and separate technical units covered by this Regulation.
(5) To allow for a consistent approach with regard to the information to be provided in the information document referred to in Article 24(1)(a) of Regulation (EU) 2018/858, the information relevant for each type of vehicle system, component or separate technical unit in the scope of this Regulation should be further specified.
(6) The EU type-approval certificate, referred to in Article 28(1) of Regulation (EU) 2018/858, to be issued for each type of vehicle system, component or separate technical unit in the scope of this Regulation, should be based on the respective Model template laid down in Annex III to Commission Implementing Regulation (EU) 2020/683 . However, the addendum to each certificate should contain the information specific to the respective vehicle system, component or separate technical unit as defined in this Regulation.
(7) It is in particular necessary to set out specific provisions for type-approval in accordance with Article 30(1) of Regulation (EU) 2018/858 of the European Parliament and of the Council concerning virtual testing and Article 72(1) concerning in-house technical service, based on the requirements of the UN regulations listed in Annex II to Regulation (EU) 2019/2144.
(8) It is in principle not possible to obtain type-approval in accordance with UN regulations in the case of installed components or separate technical units which have only a valid EU type-approval. However, this should be made possible for the purposes of EU type-approval according to Regulation (EU) 2019/2144, based on the requirements of the UN regulations listed in Annex II to that Regulation.
(9) UN regulations contain specific provisions on the particulars that must accompany an application for type-approval. In the context of the procedures provided for in this Regulation, those particulars should equally be indicated in the information folder.In order to harmonise further the provisions concerning the space for mounting and fixing of registration plates, the requirements applicable for rear registration plate space should be complemented to also cover the front registration plate space.
(10) In order to prevent clerical errors in the vehicle identification number (VIN), the VIN should contain a check digit and the method of calculation of that check digit should be defined.
(11) Article 6(5) of Regulation (EU) 2018/858 provides the possibility for granting EU type-approvals to vehicles exceeding the harmonised dimensions. Member States may, however, decide not to allow the circulation on the road, the placing on the market, the registration or the entry into service of such vehicles. Therefore, it is necessary that the derogation from the maximum authorised dimensions set out in this Regulation is clearly indicated in the type-approval certificate and the certificate of conformity of the vehicles concerned.
(12) Global harmonisation of safety requirements with respect to hydrogen-powered vehicles is an important step to promote alternative fuel vehicles. UN Regulation No 134 applies in the Union, however, it does not contain any requirements on material compatibility and hydrogen embrittlement for hydrogen systems and components for hydrogen-powered vehicles. Such requirements are necessary to ensure a high level of safety as regards material selection in hydrogen systems.
(13) Specific provisions for liquefied hydrogen storage systems as well as geometries of the fuelling receptacles are also not yet included in UN regulation 134, whereas they need to be carried over from Regulation (EC) No 79/2009 to ensure consistency.
(14) Sufficient time is needed for manufacturers to adjust to the new requirements with regard to the statutory markings and the space for mounting and fixing of the front registration plates. Therefore, transitional provisions are needed to ensure that those requirements will first apply to new vehicle types.
(15) As far as this Regulation does not modify the requirements under Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council, type-approvals granted to vehicles, systems, components or separate technical units in accordance with those Regulations should remain valid and extensions of such approvals should remain possible under the terms of the repealed acts.
(16) The empowerments contained in Articles 4(7), 8(3) and 10 (3) of Regulation (EU) 2019/2144 aim at the introduction of uniform procedures and technical specifications for type-approval of vehicles, and of systems, components and separate technical units intended for such vehicles, as regards certain general characteristics of their construction and safety. As those empowerments are closely linked by their subject matter, they should be bundled in this Regulation.
(17) As the relevant provisions set out in Regulation (EU) 2019/2144 shall apply from 6 July 2022, the application of this Regulation should also be deferred to that date.
(18) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles