Commission Delegated Regulation (EU) 2016/1788 of 14 July 2016 amending Regulation (EU) No 167/2013 of the European Parliament and of the Council as regards the list of requirements for vehicle EU type-approval, and amending and correcting Commission Delegated Regulations (EU) No 1322/2014, (EU) 2015/96, (EU) 2015/68 and (EU) 2015/208 with regard to vehicle construction and general requirements, to environmental and propulsion unit performance requirements, to vehicle braking requirements and to vehicle functional safety requirements (Text with EEA relevance)

Annex I to Regulation (EU) No 167/2013 is amended in accordance with Annex I to this Regulation.

Delegated Regulation (EU) No 1322/2014 is amended in accordance with Annex II to this Regulation.

Delegated Regulation (EU) 2015/96 is amended as follows:

1. Article 2 is amended as follows:

   1. the first sentence and the introductory sentence are replaced by the following:

      ‘For the purposes of this Regulation, the definitions in Annex XXXIII to Commission Delegated Regulation (EU) 2015/208^(*) shall apply. The following definitions shall also apply:

   2. point (2) is replaced by the following:

      1. “pollutant exhaust emissions after-treatment system” means the passage of exhaust gases through a device or system whose purpose is to chemically or physically alter the emitted pollutants prior to their release to the atmosphere, including catalysts, particulate traps or any other component, system or separate technical unit for the reduction or treatment of the engine gaseous and particulate matter exhaust pollutant emissions;’

   3. points (4) and (5) are replaced by the following:

      1. “pollution control device” means a component, system or separate technical unit which is part of the pollutant exhaust emissions after-treatment system;

      2. “replacement pollution control device” means a component, system or separate technical unit intended to replace, partially or fully, a pollutant exhaust emissions after-treatment system on a vehicle type-approved in accordance with Regulation (EU) No 167/2013 and this Regulation;’

   4. point (12) is replaced by the following:

      1. “net power” means the engine power obtained on a test bench at the end of the crankshaft or its equivalent at the corresponding engine speed with the auxiliaries, listed in Table 1 of Annex 4 to UNECE Regulation No 120, 01 series of amendments^(*), determined under reference atmospheric conditions.

2. Article 4 is amended as follows:

   1. paragraph 2 is replaced by the following:

      ‘2.

      The type-approval regarding exhaust pollutant emissions and external sound level requirements may be extended by the type-approval authorities to different vehicle variants, versions and engine types and families, provided that the vehicle variant, version, propulsion unit and pollution control system parameters have an identical performance or remain within the levels specified in Article 19(3) and (4) of Regulation (EU) No 167/2013.’

   2. in paragraph 3, points (a) and (b) are replaced by the following:

      1. the parameters of the engine type or engine family, as set out in Annex II to Directive 97/68/EC and in point 9.1 of Annex I to this Regulation;

      2. the engine’s pollutant exhaust emissions after-treatment system, as described in point 6.10 of Annex I to Directive 97/68/EC and point 9.1.10 of Annex I to this Regulation and point 3.3 of Annex II to this Regulation;’

   3. in paragraph 4, points (d), (e) and (f) are replaced by the following:

      1. as regards the reference fuels, the requirements set out in Annex 7 to UNECE Regulation No 120, 01 series of amendments or Annex V to Directive 97/68/EC;

      2. as regards pollution control devices and replacement pollution control devices, the requirements set out in Appendix 5 of Annex III to Directive 97/68/EC;

      3. as regards test equipment, the requirements set out in Annex III to Directive 97/68/EC.’

3. in Article 7, paragraph 2 is replaced by the following:

   ‘2.

   In addition to the requirements referred to in the first paragraph, for an alternative type-approval to be recognised as equivalent to an approval under this Regulation, the manufacturer shall provide non-discriminatory access to vehicle repair and maintenance information as required by Chapter XV of Regulation (EU) No 167/2013 and Article 8 of Commission Delegated Regulation (EU) No 1322/2014^(*).

4. Article 9 is replaced by the following:

   1.

   The technical services shall measure the external sound level of agricultural and forestry vehicles of category T equipped with pneumatic tyres and of category C equipped with track belts in motion, for type-approval purposes, in accordance with the test conditions and methods set out in point 1.3.1 of Annex III.

   2.

   The test conditions and methods set out in point 1.3.2 of Annex III shall also be carried out for stationary agricultural and forestry vehicles of categories T and C equipped with track belts and the results shall be recorded by the technical services in accordance to the provisions of point 1.3.2.4 of Annex III.

   3.

   The technical services shall measure the external sound level of agricultural and forestry vehicles of category C equipped with track chains, for type-approval purposes, in accordance with the stationary test conditions and methods set out in point 1.3.2 of Annex III.

   4.

   The test conditions and methods set out in point 1.3.3 of Annex III shall be carried out for agricultural and forestry vehicles of category C equipped with track chains and the results shall be recorded by the technical services.’

5. Article 10 is replaced by the following:

   For the evaluation of propulsion unit performance of agricultural and forestry vehicles, measurements of net power, engine torque and specific fuel consumption shall be carried out in accordance with UNECE Regulation No 120, 01 series of amendments.’

6. in Article 11(4), the first sentence is replaced by the following:

   ‘For the purposes of type-approval, the dates set out in Articles 9(3c), 9(3d) and 9(4a) of Directive 97/68/EC shall, for agricultural and forestry vehicles of categories T2, T4.1 and C2, as defined in Article 4(3), (6) and (9) of Regulation (EU) No 167/2013 and equipped with engines of categories L to R, be postponed for 3 years.’

7. Article 12 is replaced by the following:

   Without prejudice to Article 11, if a manufacturer so requests, national authorities may not, on grounds relating to emissions of vehicles, refuse to grant EU type-approval or national type-approval for a new type of vehicle or engine, or prohibit the registration, sale or entry into service of a new vehicle and the sale or use of new engines, where the vehicle or engines concerned comply with Regulation (EU) No 167/2013 and Commission Implementing Regulation (EU) 2015/504^(*).

8. in Article 14, paragraph 1 is replaced by the following:

   ‘1.

   By way of derogation from Article 4(1), concerning the pollutant emissions, Member States shall allow the placing on the market of a limited number of vehicles fitted with engines meeting the requirements of Article 9 of Directive 97/68/EC under a flexibility scheme, in accordance to the provisions of Annex V to this Regulation, at the request of the manufacturer, and on condition that an approval authority has granted the relevant permit for entry into service.’

9. Annexes I to IV are amended in accordance with Annex III to this Regulation.

Delegated Regulation (EU) 2015/68 is amended as follows:

1. Article 2 is amended as follows:

   1. the first sentence and the introductory sentence are replaced by the following:

      ‘For the purposes of this Regulation, the definitions in Article 2 and Annexes XII and XXXIII to Commission Delegated Regulation (EU) 2015/208^(*) shall apply. The following definitions shall also apply:

   2. point (5) is replaced by the following:

      1. “transmission” means the combination of components comprised between the control device and the brake, excluding the control lines, supply lines and supplementary lines between tractors and towed vehicles, and linking them functionally through mechanical, hydraulic, pneumatic or electric means or through the use of a combination of those means; where the braking power is derived from or assisted by a source of energy independent of the driver, the reserve of energy in the system is likewise part of the transmission;’

   3. point (17) is deleted;

   4. the following points (37) and (38) are added:

      1. “energy source” means a device that provides the energy required to actuate the brakes, either directly or indirectly through an energy storage device;

      2. “energy storage device” means a device that stores the energy provided by the energy source to apply or release the brakes.’

2. Annexes I to V, VII, VIII, IX, XI, XII and XIII are amended in accordance with Annex IV to this Regulation.