Type Approval of Agricultural or Forestry Tractors Regulations, (ln_2005_123) | MT

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Preamble — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,759, 26 ta’ April, 2005

L.N. 123 of 2005

PRODUCT SAFETY ACT

(ACT NO. V OF 2001)

Type Approval of Agricultural or Forestry Tractors Regulations,

IN exercise of the powers conferred by articles 38 to 40 of the

Product Safety Act, 2001, the Minister for Competitiveness and

Communications, on the advice of the Malta Standards Authority, has

made the following regulations:-

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 1 — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) The title of these regulations is the Type Approval of Citation.

Agricultural or Forestry Tractors Regulations, 2005.

(2) (a) These regulations transpose DIRECTIVE 2003/37/EC

OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of

26 May, 2003 on type-approval of agricultural or forestry tractors, their

trailers and interchangeable towed machinery, together with their

systems, components and separate technical units and repealing

Directive 74/150/EEC.

(b) These regulations also implement the separate Directives

listed in Schedule VIII hereto.

(3) The Consumer and Industrial Goods Directorate of the

Malta Standards Authority as established by virtue of L.N. 213 of 2000

– Malta Standards Authority (Establishments of Directorates) Order

2000 - published in Government Gazette No 17,002 of 20 th October

2000, hereinafter referred to as ‘the Directorate’ shall act as the Maltese

‘approval authority’ in terms of the definition of “EC type-approval

authority” of regulation 4 of these regulations.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 2 — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) These regulations shall come into force on the 1 st of July, Commencement.

2005, hereinafter referred to as the effective date.

(2) These regulations shall apply to vehicles belonging to

Categories T1, T2 and T3, from the following dates

(a) new types of vehicles from July 1, 2005;

(b) all new vehicles entered into service from July 1, 2009.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 3 Scope. — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1)

The regulations shall only apply to

(a) vehicles as defined in regulation 4 of these regulations,

and having a maximum design speed of not less than 6 kilometers

per hour,

(b) the type-approval of vehicles (referred to in paragraph

(a) of this sub-regulation) , whether built in one or more stages,

and

(c) the EC type-approval of the systems, components and

separate technical units intended for use on vehicles referred to in

paragraphs (a) and (b) of this sub-regulation.

(2) These regulations do not apply to

(a) the approval of single vehicles

(i) Provided that this procedure may apply to

certain categories of vehicles which fall within the scope

of these regulations and for which EC type-approval is

obligatory;

(b) machinery that has been specially designed for forestry

use, such as skidders and forwarders as defined in Standard ISO

6814: 2000;

(c) forestry machinery based on chassis for earthmoving

equipment as defined in Standard ISO 6165: 2001;

(d) interchangeable machinery that is fully raised from the

ground when the vehicle to which it is attached is in use on a road.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 4 Definitions. — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

For the purpose of these regulations the following definitions

shall apply

“approval of single vehicles” means the procedure

whereby a Member State certifies that a vehicle approved

individually satisfies the national requirements;

“base vehicle” means any incomplete vehicle, the vehicle

identification number of which is retained during subsequent stages

of the multi-stage EC type-approval process;

“certificate of conformity” means the document set out in

Schedule III hereto, delivered by the manufacturer, in order to

certify that a particular vehicle, approved according to these

regulations or to the Directive, complies with all applicable

regulatory instruments at the time of its production and stating

that it may be registered or put into service in all Member States

without any additional inspection;

“completed vehicle” means a vehicle resulting from the

process of multi-stage EC type-approval which meets all the

relevant requirements of these regulations or of the Directive;

“component” means a device, intended to be part of a vehicle,

which may be type-approved independently of a vehicle;

“the Directive” means directive 2003/37/EC of the European

parliament and of the Council of 26 May, 2003 on type-approval

of agricultural or forestry tractors, their trailers and interchangeable

towed machinery, together with their systems, components and

separate technical units and repealing Directive 74/150/EEC;

“EC type-approval” means the procedure whereby a Member

State certifies that a type of vehicle, system, component or separate

technical unit satisfies the relevant technical requirements of these

regulations or of the Directive; the EC type-approval of systems,

components and separate technical units may also be referred to

as ‘EC component type-approval’;

“EC type-approval authority” means the authority in a

Member State which is responsible for all aspects of the approval

of a type of vehicle, system, component or separate technical unit,

and which issues and, where appropriate, withdraws EC type-

approvals, serves as the contact point for the EC type-approval

authorities in the other Member States and checks the measures

taken by the manufacturer in order to ensure product conformity;

“EC type-approval certificate” means one of the forms

appearing in Schedule II, Chapter C, hereto or the corresponding

Annex to a Separate Directive, setting out what information is to

be supplied by the EC type-approval authority;

“entry into service” means the first use for its intended purpose

within the Community of any vehicle which requires no installation

or adjustment by the manufacturer or a third party designated by

him prior to its first use; the date it is registered or placed for the

first time on the market shall be considered the date of entry into

service;

“incomplete vehicle” means any vehicle which still needs

completion in at least one further stage in order to meet all the

relevant requirements of these regulations or of the Directive;

“index to the information package” means the document

setting out the contents of the information package which has been

suitably numbered or otherwise marked in order to identify clearly

all pages.

“information document” means one of the forms appearing

in Schedule I hereto, or the corresponding Annex to a Separate

Directive, setting out what information is to be supplied by the

applicant;

“information folder” means the complete folder or file

containing, in particular, the data, drawings and photographs

required under Schedule I hereto, and supplied by the applicant to

the technical service or EC type-approval authority as required by

the information document provided for in a Separate Directive or

in the Directive or in these regulations;

“information package” means the information folder plus any

test reports or other documents that the technical services or EC

type-approval authority has added to the information folder while

carrying out its tasks;

“interchangeable towed machinery” means any instrument

used in agriculture or forestry which is designed to be towed by a

tractor and changes or adds to its functions; it 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; any vehicle intended

to be towed by a tractor and permanently incorporating an

implement or designed to process materials shall be considered

interchangeable towed machinery if the ratio of the technically

permissible gross mass to the unladen mass of that vehicle is less

than 3.0;

“manufacturer” means the natural or legal person who is

responsible to the EC type-approval authority for all aspects of the

type-approval process and for ensuring conformity of production,

regardless of whether that person be directly involved in all stages

of the construction of a vehicle, system, component or separate

technical unit;

the following are also considered to be manufacturers

(i) any natural or legal person who, for his own use,

designs, has designed, manufactures or has manufactured a

vehicle, system, component or separate technical unit;

(ii) any natural or legal person who is responsible for

ensuring compliance with these regulations or with the

Directive at the time a vehicle, system, component or separate

technical unit is placed on the market or enters into service;

A manufacturer’s representative is a natural or legal

person established in the Community, duly appointed by the

manufacturer to represent him vis-a-vis the competent

authority and to act on his behalf, in the field of the Directive.

Provided that in these regulations where reference is

made to ‘manufacturer’ it shall be understood as a

manufacturer or his representative

“member states” means member States of the European

Community.

“multi-stage EC type-approval” means the procedure whereby

one or more Member States certify that, depending on the state of

completion, an incomplete or completed vehicle type satisfies the

relevant technical requirements of these regulations or of the

Directive;

“separate directives” means any of the Directives listed in

Schedule II, chapter B hereto; Schedule VIII of these regulations

contains the date of adoption and any other National requirements

of the separate directives.

“separate technical unit” means a device, intended to be part

of a vehicle, which may be type-approved separately but only in

relation to one or more specified types of vehicles;

“system” means a set of devices combined to perform a

specific function in a vehicle;

“technical service” means the organisation or body that has

been appointed as a testing laboratory to carry out tests or

inspections on behalf of the EC type-approval authority in a

Member State; this function may also be carried out by the EC

type-approval authority itself;

“tractor” means any motorised, wheeled or tracked agricultural

or forestry tractor having at least two axles and a maximum design

speed of not less than 6 kilometers per hour, the main function of

which lies in its tractive power and which has been especially

designed to pull, push, carry and actuate certain interchangeable

equipment designed to perform agricultural or forestry work, or to

tow agricultural or forestry trailers; it may be adapted to carry a

load in the context of agricultural or forestry work and, or may be

equipped with passenger seats;

“trailer” means any towed agricultural or forestry trailer

intended mainly to carry loads and designed to be towed by a tractor

for agricultural or forestry purposes; trailers of which part of the

load is borne by the drawing vehicle fall within this category; any

vehicle coupled to a tractor and permanently incorporating an

implement shall be assimilated to an agricultural or forestry trailer

if the ratio of the technically permissible gross mass to the unladen

mass of that vehicle is equal to or greater than 3.0 and if the vehicle

has not been designed to process materials;

“type of vehicle” means vehicles of a particular category

which do not differ in the essential respects referred to in Schedule

II hereto; the different variants and versions of a type of vehicle

set out in the said Schedule II, are permissible;

“vehicle” means any tractor, trailer or interchangeable towed

machinery, whether complete, incomplete or completed, which is

intended to be used in agriculture or forestry;

“vehicle category” means any set of vehicles which have

identical design characteristics.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 5 Application for EC type-approval. — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) (a) The manufacturer shall submit an application for

vehicle EC type-approval to the approval authority. Such application

shall be accompanied by an information folder containing the

information required by Schedule I hereto.

(b) With regard to the EC type-approval of systems,

components and separate technical units, the information folder

shall also be made available to the EC type-approval authority

until EC type-approval is granted or refused.

(2) In the case of multi-stage EC type-approval, the

information to be supplied shall consist of

(a) at stage one: those parts of the information folder and

the EC type-approval certificates required for a complete vehicle

which correspond to the state of completion of the base vehicle;

(b) at the second and subsequent stages: those parts of the

information folder and the EC type-approval certificates which

are relevant to the current stage of construction and a copy of the

EC type-approval certificate for the incomplete vehicle issued at

the previous stage; in addition, the manufacturer shall supply a

detailed list of the changes and additions which he has made to the

incomplete vehicle.

(3) The manufacturer shall submit an application for EC

type-approval of a system, component or separate technical unit to the

EC type-approval authority. It shall be accompanied by an information

folder as required by the Separate Directive.

(4) Applications for EC type-approval of a type of vehicle,

system, component or separate technical unit may not be submitted to

the Maltese Approval Authority if they were already submitted in another

Member State.

(a) A separate application shall be submitted for each type

to be approved.

EC type-approval

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 6 — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1)

The Approval Authority shall grant

process.

(a) the EC type-approval to the vehicle types which conform

to the particulars in the information folder and which, according

to their category, meet the technical requirements of all the Separate

Directives set out in Schedule II , Chapter B hereto ;

(b) the multi-stage EC type-approval to incomplete or

completed base vehicles which conform to the particulars in the

information folder and which meet the technical requirements of

all the Separate Directives set out in Schedule II, Chapter B hereto;

(c) system, component or separate technical unit EC type-

approval to all types of systems, components or separate technical

units which conform to the particulars in the information folder

and which meet the technical requirements contained in the

corresponding Separate Directive listed in Schedule II, Chapter B

hereto. Where the system, component or separate technical unit

to be approved fulfils its function or offers a specific feature only

in conjunction with other parts of the vehicle, and where, for this

reason, compliance with one or more requirements can be verified

only when the system, component or separate technical unit to be

approved operates in conjunction with other vehicle parts, whether

real or simulated, the scope of the EC type-approval of the system,

component or separate technical unit must be restricted

accordingly.In this case, the EC type-approval certificate for such

a system, component or separate technical unit shall indicate any

restrictions on its use and any conditions for fitting it. Observance

of these restrictions and conditions shall be verified at the time of

EC type-approval of the vehicle.

(2) If the Approval Authority finds that a vehicle, system,

component or separate technical unit which complies with the provisions

of sub-regulation 6(1) of these regulations is nevertheless a serious risk

to road safety, the environment or occupational safety, it may refuse to

grant EC type-approval. It shall forthwith notify the other Member

States and the Commission thereof, stating the reasons on which

itsdecision is based.

(3) The approval authority shall send a copy of the EC-type

Approval certificate accompanied by the attachments specified in chapter

C of Schedule II hereto to the type-approval authorities in the other

Member States within one month for each vehicle type in respect of

which they have granted, refused to grant or withdrawn EC type-

approval.

(4) (a) Each month, the Approval Authority shall send a

list containing the particulars shown in Schedule VI hereto of the EC

type-approvals for systems, components or separate technical units

which it has granted, refused to grant or withdrawn during the month in

question to the EC type-approval authorities in the other Member States.

(b) The Approval Authority, on receiving an application

from the EC type-approval authority in another Member State,

shall immediately send it a copy of the EC type-approval certificate

for the system, component or separate technical unit in question

and, or an information package for each type of system, component

or separate technical unit in respect of which it has issued, refused

to issue or withdrawn EC type-approval.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 7 Amendments to EC type-approvals. — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) The Approval Authority shall take the necessary measures

to ensure that it is informed of any change in the particulars appearing

in the information package of the EC type-approval which it has granted.

(2) An application for amendment of an EC type-approval

shall be submitted exclusively to the Member State which granted the

initial EC type-approval.

(3) (a)

If, in the case of EC type-approval, any

particulars appearing in the information package have changed, the EC

type-approval authority in the Member State which granted the initial

EC type-approval shall issue revised pages of the information package

as necessary, marking each revised page to show clearly the nature of

the change and the date of re-issue.

(b) A consolidated, updated version of the information

package, accompanied by a detailed description of the amendment,

shall also be considered to meet this requirement.

(4) Each time amended pages or a consolidated, updated

version are issued, the index to the information package attached to the

EC type-approval certificate shall also be amended to show the most

recent dates of amendment, or the date of the consolidated, updated

version.

(5) The amendment shall be considered to be an extension

and the type-approval authority in the Member State which granted the

initial EC type-approval, shall issue a revised EC type-approval

certificate bearing an extension number that clearly states the reason

for the extension and its date of re-issue in the following cases

(a) if further inspections are required;

(b) if any information in the EC type-approval certificate,

with the exception of its attachments, has changed;

(c) if the requirements of a Separate Directive which applied

on the date from which first entry into service is prohibited have

changed since the date which currently appears in the vehicle EC

type-approval certificate.

(6) If the EC type-approval authority in the Member State

which granted the initial EC type-approval finds that an amendment to

an information package warrants further inspections or fresh tests or

checks, it shall inform the manufacturer accordingly and shall issue the

documents referred to in sub regulations (3), (4) and (5) hereof only

after carrying out tests or checks which have produced satisfactory

results.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 8 — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) In his capacity as holder of a vehicle EC type-approval Certificate of

conformity and EC-

certificate, the manufacturer shall issue a certificate of conformity.Such type approval mark.

certificate, specimens of which are given in Schedule III hereto, shall

accompany each vehicle, whether complete or incomplete, manufactured

in conformity with the approved vehicle type.

(2) For purposes of vehicle taxation or registration, the

Approval Authority may, after giving at least three months notice to the

Commission and the other Member States, require particulars not

mentioned in Schedule III hereto, to be added to the certificate of

conformity, provided such particulars are explicitly stated in the

information package or can be derived from it by a simple calculation.

(3) In his capacity as holder of an EC type-approval

certificate for a system, component or separate technical unit, the

manufacturer shall affix to each component or unit manufactured in

conformity with the approved type the trade name or mark, the type

and, or, if the separate Directive so provides, the EC type-approval mark

or number.

(4) In his capacity as holder of an EC type-approval

certificate which, in accordance with sub regulation 6(1 )(c) of these

regulations, includes restrictions on the use of the system, component

or separate technical unit in question, the manufacturer shall provide

with each system, component or separate technical unit detailed

information on these restrictions and shall indicate any conditions for

fitting it.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 9 Registration, sale and entry into service. — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) The registration, sale or entry to service of new type-

approved vehicles shall be permitted, on grounds relating to their

construction and functioning, only if they are accompanied by a valid

certificate of conformity. The sale of incomplete vehicles shall be

permitted, but their permanent registration and entry into service may

be refused until such time as they are completed.

(2) The sale or entry into service of systems, components or

separate technical units shall be permitted only if these systems,

components or separate technical units comply with the requirements

of the corresponding separate Directives and the requirements referred

to in sub-regulation 8(3) of these regulations

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 10 Exemptions. — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) The requirements of sub-regulation 9(1) of these

regulations shall not apply to vehicles intended for use by the armed

forces, civil protection, fire-fighting or public order services or to

vehicles type-approved in accordance with sub-regulation (2) hereof.

(2) At the request of the manufacturer, the vehicles referred

to in regulations 11, 12 and 13 may be exempted from one or more of

the provisions of one or more of the separate Directives. A list of the

exemptions granted shall be sent every year to the Commission and the

Member states by the Approval Authority.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 11 produced — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) For vehicles produced in small series, the number of Vehicles

in small series.

vehicles registered, offered for sale or put into service each year in

Malta shall be limited to the maximum number of units indicated in

Schedule V Section A hereto.

(2) (a)

Every year a list of the EC type approvals of these

vehicles shall be sent to the Commission by the Approval Authority.

(b) A copy of the information documents and the EC type-

approval certificate and all its attachments shall be sent by the

Approval Authority granting such a an EC type-approval to the

approval authorities in the other Member States designated by the

manufacturer, stating the nature of the exemptions which have been

granted.

(c) Within three months of receipt of the documents and

certificates mentioned in paragraph (b) here, the Approval Authority

shall decide whether to accept the EC type-approval for vehicles

to be registered within the Maltese territory and, if so, for how

many vehicles.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 12 — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) The registration, sale and entry into service of new, end- End of series

of-series vehicles which conform to a type of vehicle the approval of vehicles.

which is no longer valid may be permitted by the Approval Authority,

at the request of the manufacturer, and within the quantitative limits set

out in Schedule V, Section B hereto and for the limited period specified

in sub-regulation (1)(a) hereto

Provided that the provisions of this sub-regulation shall

apply solely to vehicles which

(i)

are on Community territory, and

(ii)

are accompanied by a valid certificate of

conformity issued when the EC type-approval of the vehicle

in question was still valid, but which was not registered or

placed in service before the said approval lost its validity.

(a) Such option shall be restricted to a period of 24 months

for complete vehicles and 30 months for completed vehicles from

the date of expiry of the EC type-approval

(2) In order to apply sub regulation 12(1) of these regulations

to one or more types of vehicles in a specific category, their manufacturer

must submit a request to the Approval Authority if Malta is affected by

the entry into service of that type of vehicle as follows:-

(a) the request must specify the technical and/or economic

grounds on which it is based;

(b) the Approval Authority shall decide within three months

whether or not to authorise the registration of the type of vehicle

in question in the Malta, and if so, for how many vehicles;

(c) the Approval Authority shall be responsible for ensuring

that the manufacturer of vehicles referred to in paragraph (b) hereof

complies with Schedule V, Section B hereto.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 13 Incompatibility of vehicles, components or separate technical units. — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) In the case of vehicles, systems, components or separate

technical units designed in accordance with techniques or principles

that are incompatible with one or more of the requirements of one or

more of the Separate Directives.

(a) the Approval Authority may grant a provisional EC type-

approval. In this case, it must, within one month, send a copy of

the EC type-approval certificate and its attachments to the approval

authorities in the other Member States and to the Commission. At

the same time, it shall send the Commission a request for

authorisation to grant EC type-approval under the Directive.

(b) the request for authorization described in paragraph (a)

hereto must be accompanied by a file containing the following

information

(i) the reasons for which the techniques or principles

at issue make the vehicle, system, component or separate

technical unit incompatible with the requirements of one or

more of the relevant Separate Directives;

(ii) a description of the safety, environmental protection

or occupational safety issues raised and of the action taken

(iii) a description of the tests, together with their results,

which show that the level of safety, environmental protection

and occupational safety guaranteed is at least equivalent to

that guaranteed by the requirements of one or more of the

relevant separate Directives;

(c) if the request for authorization is approved, the Approval

Authority may grant an EC type-approval under these regulations

or The Directive. In this case, the decision must also state whether

restrictions are to be imposed on the validity of such EC type-

approvals. In no case shall the period of validity of the EC type-

approval be less than 36 months;

(d) where the Separate Directives have been adapted to

technical progress in such a way that the types of vehicles, systems,

components or separate technical units approved under this

regulation (that is regulation 13 of these regulations) comply with

the amended Directives, the Approval Authority shall convert those

EC type-approvals into EC type-approvals which comply with these

regulations or the Directive, allowing the time needed for the

necessary changes to components or separate technical units, in

particular, the removal of any references to restrictions or

exemptions;

(e) if the action needed to adapt the specific separate

Directives has not been taken, the validity of the EC type-approvals

granted under regulation 13 of these regulations may be extended,

at the request of the Member State having granted the EC type-

approval, by means of another Commission decision;

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 14 — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) The equivalence of EC type-approvals issued on the basis Equivalence.

of the Separate Directives on motor vehicles as defined in the Motor L.N. 95 of 2002

Vehicles (EC Type-Approval) Regulations, 2002 which transposes

Directive 70/156/EEC and as set out in Schedule II, Chapter B. Part II-

A hereto is acknowledged.

(2) The equivalence of type-approvals issued on the basis

of the UN/ECE regulations which are annexed to the revised 1958

Agreement set out in Schedule II, Chapter B, Part II-B hereto is

acknowledged.

(3) The equivalence of the test bulletins issued on the basis

of the standardised OECD codes set out in Schedule II, Chapter B, Part

II-C hereto is acknowledged as an alternative to the test reports drawn

up under the Separate Directives.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 15 — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) The Approval Authority when granting an EC type- Arrangements to

ensure conformity

approval shall take the measures referred to in Schedule IV hereto in of production.

relation to that approval to verify, where appropriate in co-operation

with the EC type-approval authorities in the other Member States, that

adequate arrangements have been made to ensure that the vehicles,

systems, components or separate technical units produced conform to

the approved type.

(2) (a)

The Approval Authority when it has granted an

EC type-approval shall take the measures referred to in Schedule IV hereto

in relation to that approval to verify, where appropriate in co-operation

with the EC type-approval authorities in the other Member States, that

the arrangements referred to in sub-regulation (1) hereto continue to be

adequate and that the vehicles, systems, components or separate technical

units produced continue to conform to the approved type.

(b) Verification to ensure that products conform to the

approved type shall be limited to the procedures set out in Section

2 of Schedule IV hereto.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 16 Obligation ot provide information. — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

The Approval Authority shall inform all Member States

within one month of any withdrawal of EC type-approval and of the

reasons for any such measure.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 17 Safeguard clauses. — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) If it is found that vehicles, systems, components or

separate technical units of a particular type pose a serious risk to road

safety or occupational safety although they are accompanied by a valid

certificate of conformity or are properly marked, then, for a maximum

period of six months,

i)

registration of such vehicles may be refused or

ii) the sale or entry into service of such vehicles, systems,

components or separate technical units may be prohibited.

(a)

The Directorate shall be informed forthwith and

with the reasons on which the decision was based.

(2) The Directorate shall immediately inform the

Commission and other Member States of any measures and the reasons

on which they are based in pursuance of regulation sub-regulation (1)

hereto.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 18 Failure to conform to the approved type. — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) Failure to conform to the approved type occurs where

deviations from the particulars in the EC type-approval certificate and,

or the information package are found and where these deviations have

not been authorised under sub-regulations 7(3) of these regulations by

the Approval Authority or the Member State which granted the EC type-

approval. A vehicle is not to be considered to deviate from the approved

type where the tolerances permitted by separate Directives are met

(2) If the Approval Authority finds that vehicles, systems,

components or separate technical units for which it has granted EC

type-approval and is accompanied by a certificate of conformity or

bearing an EC type-approval mark do not conform to the type it has

approved, it shall take the necessary measures to ensure that the vehicles,

systems, components or separate technical units produced conform to

the approved type. The Approval Authority shall inform those of the

other Member States and the Commission of the measures taken, which

may extend to withdrawal of EC type-approval.

(3) The Approval Authority, if responsible for EC type-

approval of the vehicle shall ask the Member State which granted EC

type-approval of the system, component, separate technical unit or

incomplete vehicle to take the necessary action to ensure that the vehicles

produced conform to the approved type in the case of

(a) EC vehicle type-approval where non-conformity of a

vehicle arises exclusively from non-conformity of a system,

component or separate technical unit, or

(b) multi-stage EC type-approval where non-conformity of

a completed vehicle arises exclusively from non-conformity of a

system, component or separate technical unit forming part of the

incomplete vehicle, or of the incomplete vehicle itself.The Approval

Authority shall forthwith inform the Commission thereof, and sub-

regulation 18(2) of these regulations shall apply.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 19 — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) If it is found that vehicles, systems, components or Verification of non-

conformity.

separate technical units accompanied by an EC certificate of conformity

or bearing an EC type-approval mark do not conform to the approved

type, the Approval Authority may ask the Member State which granted

the EC type-approval to verify that the vehicles, systems, components

or separate technical units produced conform to the approved type.

(2) If the Approval Authority receives such a request it shall

take action as soon as possible, and in any case within six months of the

date of the request.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 20 — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) All decisions refusing or withdrawing EC-type approval, Notification of

decisions and legal

refusing registration or prohibiting entry into service or sale taken remedies available.

pursuant to the provisions adopted in implementation of these

regulations, shall state in detail the reasons on which they are based.

(a) All such decisions shall be notified to the party

concerned, who shall at the same time be informed of the remedies

available to him under the laws in force in Malta and of the time

limits allowed for the exercise of such remedies

(b) The Directorate shall be informed forthwith and with

the reasons of such decisions

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 21 — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) (a) The Member States shall notify the Commission Notification of the

EC Type Approval

and the other Member States of the names and addresses of

Authorities and

Technical services.

(i) the EC type-approval authorities and, where appropriate,

the fields for which they are responsible, and

(ii) the technical services which they have appointed,

specifying for which test procedures each of these bodies has been

appointed.

(b) The technical services notified must meet the

harmonised standard on the operation of testing laboratories

(EN-ISO/IEC 17025: 2000) subject to the following

conditions

(i) a manufacturer may be appointed as a technical

service only where this is expressly provided for by

Separate Directives or alternative regulations;

(ii) the use of outside equipment by a technical

service, with the agreement of the EC type-approval

authority, is authorised

(2) A notified technical service shall be presumed to meet

the harmonised standard referred to in paragraph (b) of sub-regulation

(1) hereof.

(3) Services in third countries may be notified as appointed

technical services only where this is provided for in a bilateral or

multilateral agreement between the Community and the third country

in question.

Malta Government Gazette — Legal Notice 2005 123 — Type Approval of Agricultural or Forestry Tractors Regulations,

Reg. 22 Repeal of L.N. 97 of 2002. — Type Approval of Agricultural or Forestry Tractors Regulations, Open official source

(1) The Wheeled Agricultural or Forestry Tractors (EC-Type

Approval) Regulations, 2002 are hereby being repealed.

(2) All references to the Wheeled Agricultural or Forestry

Tractors (EC-Type Approval) Regulations, 2002 shall be construed as

referring to these regulations

LIST OF SCHEDULES

Contents

Model information documents

CHAPTER A Definition of vehicle categories and vehicle types

CHAPTER B List of requirements for the purposes of vehicle

EC type-approval

APPENDIX 1: Definition of special-purpose vehicles and list of

requirements for the purposes of vehicle. EC type-approval;

applicability of the separate Directives to special-purpose

vehicles

APPENDIX 2: Procedures to be followed during vehicle EC

type-approval

CHAPTER C Vehicle EC type-approval certificate

APPENDIX 1: Numbering system for the EC type-approval

certificate

EC certificate of conformity

Procedures to ensure conformity of production

Limits for small-series and end-of-series vehicles

List of EC type-approvals issued under separate Directives

Procedures to be followed during multi-stage EC type-approval

List of requirements for the purpose of EC-type Approval of

vehicles, systems, components, and separate technical units.

Schedule I

MODEL INFORMATION DOCUMENTS

(All the information documents referred to in this Directive and in the separate Directives shall consist

solely of extracts from this exhaustive list and shall use its numbering system to the exclusion of all

The following information, if applicable, must be supplied in triplicate and include a list of contents. Any

drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4

format. Photographs, if any, must show sufficient detail.

MODEL A

EXHAUSTIVE LIST

Model A should be used in the absence of an EC type-approval certificate granted under a separate

Directive on the subject.

0. GENERAL

Make(s) (trademark registered by the manufacturer):..........................................................

Type (specify any variants and versions):............................................................................

Situation in relation to finishing of the vehicle

for complete/completed/incomplete vehicle 1 ........................................... ..................................

In the case of a completed vehicle, specify the name and address of the previous

manufacturer and the approval number of the incomplete or complete vehicle.

Trade name(s) (where appropriate):....................................................................................

Means of identification of type, if marked on the vehicle

Manufacturer's plate (location and method of affixing):.........................................................

Chassis identification number (location):..............................................................................

Category of vehicle 2 :............................................................................................................

Name and address of manufacturer:....................................................................................

Location of and method of affixing statutory plates and inscriptions (photographs or

drawings): ..........................................................................................................................

Location of the EC type-approval mark on systems, components and separate technical

units, and method of affixing it: ...........................................................................................

Name(s) and address(es) of assembly plant(s): ..................................................................

Delete if not applicable

Classification according to the definitions set out in Annex II, Chapter A of Directive 2003/37/EC.

π

Schedule II

CHAPTER A

DEFINITION OF VEHICLE CATEGORIES AND VEHICLE TYPES A.

THE VEHICLE CATEGORIES ARE DEFINED AS FOLLOWS

1. Category T: Wheeled Tractors

Category T1: wheeled tractors with a maximum design speed of not more than 40 km/h,

with the closest axle to the driver 1 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.

Category T2: wheeled tractors with a maximum design speed of not more than 40 km/h,

with a minimum track width of 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

600 mm. However, where the height of the centre of gravity of the tractor 2 (measured in

relation to the ground) divided by the average minimum track for each axle exceeds 0.90,

the maximum design speed is restricted to 30 km/h.

Category T3: wheeled tractors with a maximum design speed of not more than 40 km/h,

and with an unladen mass, in running order, of not more than 600 kg.

Category T4: special purpose wheeled tractors with a maximum design speed of not more

than 40 km/h (as defined in Appendix1).

Category T5: wheeled tractors with a maximum design speed of more than 40 km/h.

2. Category C: Track-laying Tractors

Track-laying tractors that are propelled and steered by endless tracks and whose Categories C1 to

C5 are defined by analogy with Categories T1 to T5.

For reversible driver's position tractors (reversible seat and steering wheel), the closest axle to the driver to be considered must

be the one fitted with the biggest diameter tyres.

In accordance with Standard ISO 789—6: 1982

π

APPENDIX 1

NUMBERING SYSTEM FOR EC TYPE-APPROVAL CERTIFICATES

EC type-approval certificates shall be numbered in accordance with the method described

1. The approval number consists of four parts where complete vehicles are approved and

of five parts where systems, components and separate technical units are approved, in

accordance with the requirements set out below. Components and separate technical

units should be marked in accordance with the relevant separate Directives. In all

cases the sections are to be separated by an asterisk.

a lower-case letter 'e' followed by the distinguishing number of the

Member State which has granted the approval

1 for Germany; 2 for France; 3 for Italy; 4 for the Netherlands; 5 for

Sweden; 6 for Belgium; 7 for Hungary; 8 for the Czech Republic, 9

for Spain; 11 for the United Kingdom; 12 for Austria; 13 for

Luxembourg; 17 for Finland; 18 for Denmark; 20 for Poland; 21 for

Portugal; 23 for Greece; 24 for Ireland; 26 for Slovenia; 27 for

Slovakia; 29 for Estonia; 32 for Latvia; 36 for Lithuania;. CY for

Cyprus; MT for Malta

number of the base Directive: …………………………………………..

………………………………………………………………………………

number of the latest amending Directive that is applicable to the

approval………………………………………………………………….

……………………………………………………………………………..

In the case of vehicles approvals, this is the most recent Directive

that amends an (some) Article(s) of Directive 2003/37/EC.

In the case of approvals under separate Directives, this is the most

recent Directive containing specific provisions to which the system,

component or separate technical unit is to conform.

Where a Directive includes different dates of entry into force which

refer to different technical standards a letter of the alphabet is to be

added. This letter will identify the specific technical requirement on

the basis of which approval has been granted.

four-digit sequential number (with leading zeros as applicable) to

denote the base approval number. The sequence shall start from

0001 for each base Directive.

two-digit sequential number (with leading zero if applicable) to

denote the extension. The sequence shall start from 00 for each

base approval number.

2. Where a vehicle is approved, Section 2 shall be omitted.

Section 5 is to be omitted solely from the statutory plate(s).

3.

4. Example of a third system approval (that has so far received no extension) issued by

France in respect of Directive 80/720/EEC

e 2*80/720*88/414*0003*00

in the case of a Directive involving two implementation stages, namely A and B.

π

Schedule III

EC CERTIFICATE OF CONFORMITY

PART I

SPECIMENS

(maximum format: A4 (210 x 297 mm) or a folder of A4 format)

(The certificate must be drawn up using the manufacturer's letterhead and in such a way as to exclude

any possibility of falsification. To that end it shall be printed on paper protected either by means of colour

graphics or by means of a watermark corresponding to the manufacturer's identification mark.)

EC CERTIFICATE OF CONFORMITY for complete/completed vehicles 1

Page 1

I, the undersigned: ................................................................................................................................

(Full name)

hereby certify that the following vehicle

0.1.

Make(s) (registered by the manufacturer):...................................................................................

0.2.

Type (specify any variants and versions):....................................................................................

0.2.1

Trade name(s) (where appropriate): ............................................................................................

0.3.

Means of identification of type, if marked on the vehicle: ..............................................................

0.3.1. Manufacturer's plate (location and method of affixing):.................................................................

0.3.2. Chassis identification number (location): .....................................................................................

0.4.

Category of vehicle:.................................................. ................................................................

0.5.

Name and address of manufacturer:...........................................................................................

0.6

Location of the statutory plates: ..................................................................................................

Stage 1: Base vehicle

—

Manufacturer: ..................................................................................................................

—

EC type-approval number: ...............................................................................................

—

Date:...............................................................................................................................

Stage 2

—

Manufacturer: ..................................................................................................................

—

EC type-approval number: ...............................................................................................

—

Date:...............................................................................................................................

Delete whichever does not apply

π

Page 7

Results of tests (1)1

15.2

CO………….......g/kWh

NO x ……………..g/kWh

NMHC…………..g/kWh

CH 4 ……………….g/kWh

Particulates……..g/kWh

16. FISCAL HORSEPOWER(S) OR CLASS(ES)

- Italy: …………………

- Germany: …………..

- Greece: ……………..

- Belgium|: ……………..

- Netherlands: ………..

- Portugal: …………….

- Denmark: ……………..

- Ireland : ………………

- Sweden: ……………...

- United Kingdom: ……

- Finland: ………………

- Cyprus: ………………

- Austria: ………………

- Estonia: ………………

- Hungary: …………….

- Czech Republic: ……..

- Lithuania: ……………

- Slovenia: …………….

- Latvia: …………………

- Poland: ……………….

- Slovakia: …………….

- Malta: …………………

- Spain: ………………..

- France: ……………….

- Luxembourg: ………...

COMMENTS (2) : 2 ……………………………………………………………………...

17. 1 (1)

If applicable

2 (2)

Inter alia, any information required with regard to the various optional areas or values and mutually dependent relationships

(Where appropriate, in the form of a table)

π

B

Page 5

16. FISCAL HORSEPOWER(S) OR CLASS(ES) (IF APPLICABLE)

- Italy: …………………

- Germany: …………..

- Greece: ……………..

- Belgium|: ……………..

- Netherlands: ………..

- Portugal: …………….

- Denmark: ……………..

- Ireland : ………………

- Sweden: ……………...

- United Kingdom: ……

- Finland: ………………

- Cyprus: ………………

- Austria: ………………

- Estonia: ………………

- Hungary: …………….

- Czech Republic: ……..

- Lithuania: ……………

- Slovenia: …………….

- Latvia: …………………

- Poland: ……………….

- Slovakia: …………….

- Malta: …………………

- Spain: ………………..

- France: ……………….

- Luxembourg: ………...

COMMENTS (1) : 1 ……………………………………………………………………...

17. 1 (1)

Inter alia, any information required with regard to the various optional areas or values and mutually dependent relationships

(Where appropriate, in the form of a table)

π

16. FISCAL HORSEPOWER(S) OR CLASS(ES) (IF APPLICABLE)

- Italy: …………………

- Germany: …………..

- Greece: ……………..

- Belgium|: ……………..

- Netherlands: ………..

- Portugal: …………….

- Denmark: ……………..

- Ireland : ………………

- Sweden: ……………...

- United Kingdom: ……

- Finland: ………………

- Cyprus: ………………

- Austria: ………………

- Estonia: ………………

- Hungary: …………….

- Czech Republic: ……..

- Lithuania: ……………

- Slovenia: …………….

- Latvia: …………………

- Poland: ……………….

- Slovakia: …………….

- Malta: …………………

- Spain: ………………..

- France: ……………….

- Luxembourg: ………...

COMMENTS (1) : 1 ……………………………………………………………………...

17. π

π

B

Page 5

16. FISCAL HORSEPOWER(S) OR CLASS(ES) (IF APPLICABLE)

- Italy: …………………

- Germany: …………..

- Greece: ……………..

- Belgium|: ……………..

- Netherlands: ………..

- Portugal: …………….

- Denmark: ……………..

- Ireland : ………………

- Sweden: ……………...

- United Kingdom: ……

- Finland: ………………

- Cyprus: ………………

- Austria: ………………

- Estonia: ………………

- Hungary: …………….

- Czech Republic: ……..

- Lithuania: ……………

- Slovenia: …………….

- Latvia: …………………

- Poland: ……………….

- Slovakia: …………….

- Malta: …………………

- Spain: ………………..

- France: ……………….

- Luxembourg: ………...

COMMENTS (1) : 1 ……………………………………………………………………...

17. 1 (1)

Inter alia, any information required with regard to the various optional areas or values and mutually dependent relationships

(Where appropriate, in the form of a table)

π

Page 5

16. FISCAL HORSEPOWER(S) OR CLASS(ES) (IF APPLICABLE)

- Italy: …………………

- Germany: …………..

- Greece: ……………..

- Belgium|: ……………..

- Netherlands: ………..

- Portugal: …………….

- Denmark: ……………..

- Ireland : ………………

- Sweden: ……………...

- United Kingdom: ……

- Finland: ………………

- Cyprus: ………………

- Austria: ………………

- Estonia: ………………

- Hungary: …………….

- Czech Republic: ……..

- Lithuania: ……………

- Slovenia: …………….

- Latvia: …………………

- Poland: ……………….

- Slovakia: …………….

- Malta: …………………

- Spain: ………………..

- France: ……………….

- Luxembourg: ………...

COMMENTS (1) : 1 ……………………………………………………………………...

17. 1 (1)

Inter alia, any information required with regard to the various optional areas or values and mutually dependent relationships

(Where appropriate, in the form of a table)

Schedule IV

PROCEDURES TO ENSURE CONFORMITY OF PRODUCTION

1. INITIAL ASSESSMENT

Before granting EC type-approval, the EC type-approval authority in a Member State shall

verify the existence of satisfactory arrangements and procedures for ensuring effective

checking that components, systems, separate technical units or vehicles in production conform

to the approved type.

The requirement in Paragraph 1.1 must be verified to the satisfaction of the authority granting

EC type-approval. This verification may be carried out on behalf of the authority granting

EC type-approval by the EC type-approval authority in another Member State. In this case, the

latter authority shall prepare a statement of compliance outlining the areas and production

facilities it considers to be relevant to the product(s) to be type-approved.

The EC type-approval authority shall accept the manufacturer's certification to harmonised

Standard EN ISO 9001: 2000 with the permissible exclusion of the requirements related to the

concepts of design and development, Paragraph 7.3. 'Customer satisfaction and continual

improvement' (the scope of which covers the product(s) to be type-approved) or an equivalent

accreditation standard as satisfying the requirements of Paragraph 1.1. The manufacturer shall

provide details of the registration and undertake to inform the approval authorities of any

amendments to its validity or scope.

On receiving a request from the authority of another Member State, the EC type-approval

authority shall forthwith send the statement of compliance referred to in Paragraph 1.2 or

advise that it is not in a position to provide such a statement.

2. CONFORMITY OF PRODUCTION

Every vehicle, system, component or separate technical unit type-approved pursuant to this

Directive or a separate Directive must be so manufactured as to conform to the type approved

by meeting the requirements of this Directive or of a separate Directive appearing in the

exhaustive list set out in Annex II, Chapter B.

When granting EC type-approval, the EC type-approval authority in a Member State shall verify

the existence of adequate arrangements and documented control plans, to be agreed with the

manufacturer for each EG type-approval, for the carrying out at specified intervals of the tests

or associated checks that are needed to verify continued conformity to the approved type,

including, where applicable, tests required by the separate Directives.

The holder of the EC type-approval must, in particular

ensure the existence of procedures for effectively monitoring that products (vehicles, systems,

components or separate technical units) conform to the EC type-approval;

have access to the testing equipment necessary for checking conformity to each approved

type;

ensure that test results are recorded and that the attachments remain available for a period to

be determined in agreement with the EC type-approval authority; this period shall not be

greater than 10 years;

π

Schedule V

A — SMALL SERIES LIMITS

The number of units within a type to be registered, placed on sale or put into service per year in each

Member State shall not exceed the value shown below for the vehicle category in question.

Type Approval of Agricultural or Forestry Tractors Regulations,

Table of Provisions (24)

Statutory Text (24 Articles)

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