Commission Delegated Directive (EU) 2021/1717 of 9 July 2021 amending Directive 2014/45/EU of the European Parliament and of the Council as regards the updating of certain vehicle category designations and the addition of eCall to the list of test items, methods, reasons for failure and assessment of deficiencies in Annex I and Annex III to that Directive (Text with EEA relevance)

• CELEX: Delegated Directive (EU) 2021/1717
• Articles: 5

Article 1

Directive 2014/45/EU is amended as follows:

(1)

Article 2 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

the introductory wording is replaced by the following:

‘1.   This Directive shall apply to vehicles with a design speed exceeding 25km/h of the following categories, as referred to in Regulations (EU) No 167/2013  ( *1 ) , (EU) No 168/2013  ( *2 ) , and (EU) 2018/858  ( *3 ) of the European Parliament and of the Council:

( *1 )   Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles ( OJ L 60, 2.3.2013, p. 1 )."

( *2 )   Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles ( OJ L 60, 2.3.2013, p. 52 )."

( *3 )   Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC ( OJ L 151, 14.6.2018, p. 1 )’;"

(ii)

the sixth and seventh indents are replaced by the following:

‘—

from 1 January 2022, two- or three-wheel vehicles – vehicle categories L3e, L4e, L5e and L7e equipped with a combustion engine with a displacement of more than 125 cm 3 ; wheeled tractors of categories T1b, T2b, T3b, T4.1b, T4.2b and T4.3b the use of which mainly takes place on public roads with a maximum design speed exceeding 40km/h.’;

(b)

in paragraph 2, the seventh indent is replaced by the following:

‘—

vehicles in categories L3e, L4e, L5e and L7e equipped with a combustion engine with a displacement of more than 125 cm 3 where the Member State has put in place effective alternative road safety measures for two or three-wheel vehicles, taking into account in particular relevant road safety statistics covering the last five years. Member States shall notify such exemptions to the Commission.’;

(2)

Article 5 is amended as follows:

(a)

in paragraph 1, point (c) is replaced by the following:

‘(c)

wheeled tractors of categories T1b, T2b, T3b, T4.1b, T4.2b and T4.3b the use of which mainly takes place on public roads for commercial road haulage purposes: four years after the date on which the vehicle was first registered, and thereafter every two years.’;

(b)

paragraph 2 is replaced by the following:

‘2.   Member States shall establish appropriate intervals within which vehicles of categories L3e, L4e, L5e and L7e equipped with a combustion engine with a displacement of more than 125 cm 3 , are to be subject to a roadworthiness test.’;

(3)

Annexes I and III are amended in accordance with the Annex to this Directive.

Article 2 Transposition

1.   Member States shall adopt and publish, by 27 September 2022 at the latest, the laws, regulations and administrative measures necessary to comply with this Directive.. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply the measures necessary to comply with Article 1 and point (2) of the Annex of this Directive from 27 September 2022.

They shall apply the measures necessary to comply with point 1 of the Annex to this Directive from 20 May 2023 at the latest.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3 Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Article 4 Addressees

This Directive is addressed to the Member States.

Schedules & Appendices

ANNEX

ANNEX

Annexes I and III are amended as follows:

(1)

in point 3 of Annex I, the following point is added to section 7:

Item

Method

Reasons for failure

Assessment of deficiencies

Minor

Major

Dangerous

‘7.13

eCall (if fitted, in accordance with EU type approval legislation)

7.13.1

Fitment and configuration

Visual inspection complemented, where made possible by the technical characteristics of the vehicle and where the necessary data is made available, with the use of electronic interface

(a)

System or any component missing

X

(b)

Software version incorrect

X

(c)

System coding incorrect

X

7.13.2

Condition

Visual inspection complemented, where made possible by the technical characteristics of the vehicle and where the necessary data is made available, with the use of electronic interface

(a)

System or components damaged

X

(b)

eCall MIL indicates any kind of failure of the system

X

(c)

eCall electronic control unit failure

X

(d)

Mobile network communication device failure

X

(e)

GPS signal failure

X

(f)

Audio components not connected

X

(g)

Power source not connected or insufficient charge

X

(h)

System indicates failure via the electronic vehicle interface

X

7.13.3

Performance

Visual inspection complemented, where made possible by the technical characteristics of the vehicle and where the necessary data is made available, with the use of electronic interface

(a)

Minimum set of data (MSD) incorrect

X

(b)

Audio components not working in order

X’

(2)

in Annex III, point 4 of Table I is amended as follows:

(a)

the title is replaced by the following:

‘Special vehicles derived from a category N vehicle, T1b, T2b, T3b, T4.1b, T4.2b and T4.3b’;

(b)

references to ‘T5’ vehicles are replaced by a reference the following categories:

‘T1b, T2b, T3b, T4.1b, T4.2b and T4.3b (P) and T1b, T2b, T3b, T4.1b, T4.2b and T4.3b (D)’.