Activities of Malcolm HARBOUR related to 2010/0212(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the approval of agricultural or forestry vehicles PDF (699 KB) DOC (1 MB)
Amendments (46)
Amendment 300 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to allow manufacturers of components or separate technical units to apply for EU type-approval for components or separate technical units or authorisation, it is also important for these manufacturers to have access to certain information that is available only from the vehicle manufacturer, such as the technical information, including drawings, required for the development of parts for the aftermarket.
Amendment 304 #
Proposal for a regulation
Recital 21
Recital 21
(21) UnrestAppropricated access to vehicle repair information, via a standardised format which can be used to retrieve the technical information, and effective competition on the market for vehicletractor repair and maintenance information services are necessary to improve the functioning of the internal market, particularly as regards the free movement of goods, freedom of establishment and freedom to provide services. A great proportion of such information is related to on-board diagnostic (OBD) systems and their interaction with other vehicle systems. It is appropriate to lay down technical specifications that the websites of the manufacturers should follow, along with targeted measures to ensure reasonable access forwith due regard to the principle of proportionality, taking into account sales volumes, and the capabilities of small and medium-sized enterprisemanufacturers.
Amendment 307 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2 – point d
Article 2 – paragraph 1 – subparagraph 2 – point d
Amendment 311 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation shall not apply to interchangeable machinery that is fully raised from the ground or cannot articulate around a vertical axis when the vehicle to which it is attached is in use on a road.
Amendment 313 #
Proposal for a regulation
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 316 #
Proposal for a regulation
Article 2 – paragraph 3 – point c a (new)
Article 2 – paragraph 3 – point c a (new)
(ca) track-laying tractors, category C;
Amendment 318 #
Proposal for a regulation
Article 2 – paragraph 3 – point c b (new)
Article 2 – paragraph 3 – point c b (new)
(cb) special purpose wheeled tractors : categories T4.1 and T4.2.
Amendment 319 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘trailer’ means any towed agricultural or forestry vehicle intended mainly to carry loads or to process materials, and designed to be towed by a tractor for agricultural or forestry purposes and which is not designed to process materials [and, where the ratio of the technically permissible gross mass to the unladen mass of that vehicle is equal to or greater than 32,0];
Amendment 320 #
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
10. ‘interchangeable towed equipment’ means any vehiclimplement or machine used in agriculture or forestry which is designed to be towed by a tractor, changes or adds to its functions, permanently incorporates an implement or is designed to process materials, which may include a load platform designed and constructed to receive any tools and appliances needed for those purposes and to store temporarily any materials produced or needed during work and where the ratio of the technically permissible gross mass to the unladen mass of that vehicle is less than 3,0;where the ratio of the technically permissible gross mass to the unladen mass of that vehicle is less than 2,0. However, if the maximum technically permissible gross mass exceeds 14 000kg, the implement or machine shall in any case be categorised as a trailer.
Amendment 321 #
Proposal for a regulation
Article 3 – paragraph 1 – point 43 a (new)
Article 3 – paragraph 1 – point 43 a (new)
43a. ‘Utility All-Terrain Vehicle’ (ATV) means a vehicle having a seat designed to be straddled by the operator and handlebars for steering control. A Utility ATV has the following additional characteristics: Maximum speed by design 60 km/h Tire design pressure < 5 kPa (0.5 Bar) Tire pattern: terrain Thumb throttle control Load carrying structure(s) with minimum ratio between vehicle and carrying structure(s) surface area > 25% Mass in running order (MRO) < 400 kg Towing capacity of coupling device rear complies with strength test > 2 x MRO.
Amendment 324 #
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
1. ‘category T’ comprises all wheeled tractors; each wheeled tractor category described in points 2 to 8 also includes an ‘a’ or ‘b’ index, according to its design speed: – (a) ‘a’ for wheeled tractors with a maximum design speed below or equal to 40 km/h, – (b) ‘b’ for wheeled tractors with a maximum design speed above 40 km/h;
Amendment 325 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
2. ‘category T1’ comprises wheeled tractors with a maximum design speed of not more than 40 km/h, with the closest axle to the driver having a minimum track width of not less than 1 150 mm, with an unladen mass, in running order, of more than 600 kg, and with a ground clearance of not more than 1 000 mm;
Amendment 326 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
3. ‘category T2’ comprises wheeled tractors with a minimum track width of less than 1 150 mm, with an unladen mass, in running order, of more than 600 kg, with a ground clearance of not more than 600 mm, and with a maximum design speed of not more than 40 km/h, unlessin case the height of the centre of gravity of the tractor (measured in relation to the ground) divided by the average minimum track for each axle exceeds 0,90, in which case the maximum design speed is restricted to 30 km/h;
Amendment 327 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
4. ‘category T3’ comprises wheeled tractors with a maximum design speedn unladen mass, in running order, of not more than 4600 km/h, and with an unladen mass, in running order, of not more than 600 kgg; it comprises also tractors having a handlebar for steering as defined in Article 3, point 43 a;
Amendment 328 #
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
5. ‘category T4’ comprises special purpose wheeled tractors with a maximum design speed of not more than 40 km/h;
Amendment 329 #
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
Amendment 330 #
Proposal for a regulation
Article 4 – paragraph 1 – point 19
Article 4 – paragraph 1 – point 19
Amendment 334 #
Proposal for a regulation
Article 7 – paragraph 2 – point n
Article 7 – paragraph 2 – point n
Amendment 336 #
Proposal for a regulation
Article 7 – paragraph 2 – point o
Article 7 – paragraph 2 – point o
Amendment 338 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. TIn order to ensure that a high level of functional safety is obtained, the Commission shall be delegated powers to adopt in accordance with Article 57 a delegated act laying down the detailed technical requirements including test procedures and limit values, where applicable, for the subjects listed in paragraph 2 in order to ensure that a high level of road safety will be obtained. The detailed technical requirements shall ensure that, when relevant, vehicles with a maximum speed of more than 40 km/h, with the exclusion of towed implements S, meet an equivalent level of road safety with regards to brake performance and anti- lock braking systems as motor vehicles and their trailers.
Amendment 348 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Unless a different agreement has been concluded with the buyer of the vehicle, the certificate of conformity shall be drawn up in anone of the official languages of the Member State whereUnion, at the vehchoicle is purchasedof the manufacturer.
Amendment 350 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The certificate of conformity shall be designed to prevent forgery. To that end, the paper used shall be protected either byby adequate means such as coloured graphics or by a watermark in the form of the manufacturer’s identification mark.
Amendment 352 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Paragraph 1 shall apply, in the case of complete vehicles, for a period of twelve24 months from the date on which validity of the EU type-approval expired and, in the case of completed vehicles, for a period of eighteen30 months from that date.
Amendment 355 #
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 a (new)
Article 36 – paragraph 1 – subparagraph 1 a (new)
A Member States shall, in addition its evaluations pursuant to Article 36(1), take utmost consideration of the Type Approval Authority’s findings;
Amendment 357 #
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The complete test reports issued on the basis of the standardised OECD Codes listed in Annex I, approved according to the general rules of OECDor its equivalent standard, may be used as an alternative to the test reports drawn up under this Regulation or the separate Regulations. The specific type approval may be issued by the type approval authority or, when relevant, by OECD, at the choice of the manufacturer.
Amendment 359 #
Proposal for a regulation
Chapter 16 – title
Chapter 16 – title
Access to vehicletractor repair and maintenance information
Amendment 363 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
Manufacturers shall provide unrestricted and standardisedequal access to vehicle repair and maintenance information to authorised dealers, repairers and independent operators through websites using a standardised format in a readily accessible and prompt manner. In particular, tThis access shouldall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairermanner. Software critical to the correct functioning of safety and environmental control systems, shall be restricted to repair and maintenance, therefore excluding software for changing parameters and data sets.
Amendment 366 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 2
Article 47 – paragraph 1 – subparagraph 2
This information shall include information required for fitting parts or equipment on vehicletractors.
Amendment 370 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Manufacturers shall make training material available to independent operators andnd the required tools (excluding software for changing parameters and data sets) available to authorised dealers and, repairers. and independent operators alike;
Amendment 385 #
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Authorised dealers or repairers within the distribution system of a given vehicletractor manufacturer shall be regarded as independent operators for the purposes of this Regulation to the extent that they provide repair or maintenance services for vehicles in respect of which they are not members of the vehicletractor manufacturer’s distribution system.
Amendment 387 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. The vehicletractor repair and maintenance information shall always be available, except as required for maintenance purposes of the information system.
Amendment 390 #
Proposal for a regulation
Article 47 – paragraph 6
Article 47 – paragraph 6
6. For the purposes of manufacture and servicing of OBD-compatible replacement or service parts and diagnostic tools and test equipment, manufacturers shall provide the relevant OBD and vehicletractor repair and maintenance information on a non-discriminatory basis to any interested component, diagnostic tools or test equipment manufacturer or repairer.
Amendment 393 #
Proposal for a regulation
Article 47 – paragraph 7
Article 47 – paragraph 7
7. For the purposes of the design and manufacture of automotive equipment for alternative fuel tractors, manufacturers shall provide the relevant OBD and vehicletractor repair and maintenance information on a non-discriminatory basis to any interested manufacturer, installer or repairer of equipment for alternative fuel vehicletractors.
Amendment 395 #
Proposal for a regulation
Article 47 – paragraph 10
Article 47 – paragraph 10
10. The manufacturer shall make subsequent amendments and supplements to vehicletractor repair and maintenance information available on its websites at the same time they are made available to authorised repairers.
Amendment 398 #
Proposal for a regulation
Article 47 – paragraph 11
Article 47 – paragraph 11
11. Where repair and maintenance records of a vehicletractor are kept in a central database of the vehicletractor manufacturer or on its behalf, independent repairers shall have access free of charge to such records and shall be able to enter information on repair and maintenance which they have performed.
Amendment 400 #
Proposal for a regulation
Article 47 – paragraph 12
Article 47 – paragraph 12
12. The Commission shall be delegated powers to adopt in accordance with Article 57 a delegated act laying down the detailed requirements with regard to access to repair and maintenance information, in particular technical specifications relating to the way in which vehicle repair and maintenance information shall be provided. The Commission shall however ensure that the information to be provided and related procedures are proportionate to the objective and do not place disproportionate burdens on SMEs, the Commission shall ensure in particular due consideration is paid to the limited sales volumes of certain vehicle types and models covered.
Amendment 403 #
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
The final manufacturer shall be responsible for communicating information about the whole vehicletractor to independent operators.
Amendment 405 #
Proposal for a regulation
Article 49 – title
Article 49 – title
Fees for access to vehicletractor repair and maintenance information
Amendment 407 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Manufacturers may charge reasonable and proportionate fees for access to vehicle tractor repair and maintenance information, working tools and website access covered by this Regulation.
Amendment 410 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. A fee shall not be reasonable or proportionate if it discourages access by failing to take into account the extent to which the independent operator uses it. Manufacturers shall make available vehicletractor repair and maintenance information on a daily, monthly, and yearly basis, with fees for access to such information varying in accordance with the respective periods of time for which access is granted.
Amendment 411 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Member States shall lay down the provisions on penalties applicable for infringement by manufacturers of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [624 months after publication of this Regulation] and shall notify it without delay of any subsequent amendment affecting them.
Amendment 415 #
Proposal for a regulation
Article 61 a (new)
Article 61 a (new)
Amendment 417 #
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Directive 2003/37/EC as well as Directives 74/347/EEC, 76/432/EEC, 76/763/EEC, 77/537/EEC, 78/764/EEC, 80/720/EEC, 86/297/EEC, 86/298/EEC, 86/415/EEC, 87/402/EEC, 2000/25/EC, 2009/57/EC, 2009/58/EC, 2009/59/EC, 2009/60/EC, 2009/61/EC, 2009/63/EC, 2009/64/EC, 2009/66/EC, 2009/68/EC; 2009/75/EC, 2009/76/EC, 2009/144/EC are repealed with effect from 1 January 201the relevant dates defined in Article 64.
Amendment 420 #
Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1
Article 64 – paragraph 2 – subparagraph 1
Amendment 425 #
Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1 a (new)
Article 64 – paragraph 2 – subparagraph 1 a (new)
Member States shall apply this Regulation to new types of vehicles two years after the date of entry into force of the last Delegated Act applicable to the vehicle category;
Amendment 426 #
Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1 b (new)
Article 64 – paragraph 2 – subparagraph 1 b (new)
Member States shall apply this Regulation on all new vehicles four years after the date of entry into force of the last Delegated Act.