Detail Public Participation

Query
Closed
Range of the Standard:
Ministerial Order
Character of the query:
Policy
Type of participation:
Prior public consultation

Resumen

In accordance with article 26.2 of the law 50/1997, of 27 november, the government, we shall now proceed to make the public consultation before the drafting of the draft order updated annexes I and II of the royal decree 454/86 of 6 june, on the rules for the implementation of certain directives of the EEC, relating to the type-approval of motor vehicles, trailers, semi-trailers, motorcycles, mopeds and vehicles, as well as parts and components of such vehicles.

Background of the norm

The Royal Decree 454/1986, of 6 june, which establishes the rules for the implementation of community directives relating to the approval of vehicles, trailers and semitrailers, their parts and their parts, lays down technical requirements for the approval of motor vehicles. Annexes I and II of this provision have been the subject of many updates, in order to incorporate those provisions of the European Union (EU) that were not directly applicable in member states and maintain updated national regulation in accordance with the technical progress in the field of motor vehicles.

In the area of the approval of motor vehicles, regulations, directly applicable in the member states, have replaced gradually in the directives as an instrument chosen by parliament for the establishment of harmonised conditions at eu level. legislation through regulations at eu level eliminates the need for transposition, these being directly applicable in member states.

However, certain authorisation procedures at the national level and which are not harmonised at eu level, such as changes in the vehicles after registration, authorization for the enrolment of used vehicles from other countries, the approval of categories of vehicles which have not been harmonised (machine, automotive, this tractor cultivator, …) or national approvals of short series/individual, covered the requirements of harmonized approval at the eu, through the Royal Decree 454/1986, of 6 june.

That is why, in order to maintain aligned the technical requirements applicable to specific authorization processes at the national level, with those established in a harmonized manner in the eu to the approval of new vehicles, appropriate update annexes I and II of the royal decree 454/1986, of 6 june.

Problems to be solved with the new standard

This rule is intended to maintain up-to-date technical requirements for national authorisation of the movement of certain vehicles, in line with the harmonised requirements at the international level, at the united nations, and the european Union. This regulation is in constant evolution, which means the incorporation of amendments in the specifications and test procedures, as well as the inclusion of new technologies and security systems in vehicles, based on greater awareness of the risks associated with the actual use of vehicles.

Need and opportunity for approval

Since the last update, issued on 9 may 2020 supplemented with the correction of misprints issued on 15 may 2020, have been approved of various regulations (EU) of the european parliament and the council, regulations of the commission to develop the same and regulations of the united Nations.

Entre ellos merece especial mención el Reglamento (UE) 2019/2144 del Parlamento Europeo y del Consejo, de 27 de noviembre de 2019, relativo a los requisitos de homologación de tipo de los vehículos de motor y de sus remolques, así como de los sistemas, componentes y unidades técnicas independientes destinados a esos vehículos, en lo que respecta a su seguridad general y a la protección de los ocupantes de los vehículos y de los usuarios vulnerables de la vía pública, por el que se modifica el Reglamento (UE) 2018/858 del Parlamento Europeo y del Consejo y se derogan los Reglamentos (CE) n.o 78/2009, (CE) n.o 79/2009 y (CE) n.o 661/2009 del Parlamento Europeo y del Consejo y los Reglamentos (CE) n.o 631/2009, (UE) n.o 406/2010, (UE) n.o 672/2010, (UE) n.o 1003/2010, (UE) n.o 1005/2010, (UE) n.o 1008/2010, (UE) n.o 1009/2010, (UE) n.o 19/2011, (UE) n.o 109/2011, (UE) n.o 458/2011, (UE) n.o 65/2012, (UE) n.o 130/2012, (UE) n.o 347/2012, (UE) n.o 351/2012, (UE) n.o 1230/2012 y (UE) 2015/166 de la Comisión.

The above-mentioned regulations, for vehicles to transport persons, goods, as well as their trailers (categories M, N and O) establishes the requirements of general safety of vehicles. Will apply from july 6th 2022 and includes new requirements that will improve significantly the safety of occupants and other road users, with particular attention to vulnerable road users. New mandatory safety systems in vehicles includes, inter alia, the smart assistant, emergency braking, the voyage data incidences or the maintenance of emergency lane.

They have also been issued various regulations in emissions which modify the conditions for the real conditions of movement and in the laboratory (testing WLTP), as well as for the testing laboratory for light vehicles or certification for CO2 emissions from heavy goods vehicles.

The regulatory changes are not, however, the scope of the M, N, O. Have also adopted several regulations applicable to two and three-wheel motor vehicles and quadricycles, as well as for agricultural and forestry vehicles.

It is therefore considered to be a further revision of annexes I and II of the royal decree 454/1986, of 6 june.

Additionally, in order to maintain consistency in national legislation as well as with the eu, is also need to update the format in appendix 5 annexes III (categories M and N) and IV (category or) of the royal decree 750/2010, of 4 june, which governs the procedures for approval of vehicles and their trailers, propelled machines or towed vehicles, as well as systems, parts and components of such vehicles, in line with the new regulatory acts established in the regulation (EU) 2019/2144 of 27 november 2019.

Objectives of the norm

Update to technical progress of the requirements of leave to the commissioning of vehicles, in line with the regulatory developments at european level.

Possible alternative solutions, regulatory and non-regulatory

The development of specific technical requirements at the national level to certain aspects of environmental safety and efficacy of the vehicle is not considered adequate from the perspective of the efficiency in the development of order. Nor from the side of the coverage of demand, because for manufacturers would generate an additional burden by requiring particularizadas design solutions for the domestic market, which often results in increased costs. Instead, is considered more suitable from the harmonised requirements and, with appropriate particularizaciones where strictly necessary, adapt them to the specific conditions at the national level.

There is No alternative regulatory not.

Remission deadline

Deadline for submitting arguments from the day Tuesday, January 11, 2022 until the day Friday, January 28, 2022

Submission of allegations

The allegations may be sent to the email address: participacion_csegind@mincotur.es indicating in the subject: "Proyecto de Orden por la que se actualizan los anexos I y II del Real Decreto 2028/86"

In general, the contributions received are considered likely to be made public.

Those parts of the information provided that, in the opinion of the person concerned should be treated confidentially and consequently is not free dissemination, should be specifically identified in the text of the contribution, not to be regarded as the generic messages confidentiality of information.