title: 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)

text:
                  27.9.2021

                  EN

                  Official Journal of the European Union

                  L 342/48

         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)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (1)and in particular Article 17 thereof,
         Whereas:

                     (1)

                     Directive 2014/45/EU applies to vehicles with a design speed exceeding 25km/h of the categories listed in Article 2(1) of that Directive. Those categories are determined by reference to Directives 2002/24/EC (2), 2003/37/EC (3) and 2007/46/EC (4) of the European Parliament and of the Council.

                     (2)

                     Directives 2002/24/EC, 2003/37/EC and 2007/46/EC were repealed, respectively, by Regulations (EU) No 168/2013 (5), (EU) No 167/2013 (6) and (EU) 2018/858 (7) of the European Parliament and of the Council.

                     (3)

                     Given the changes to the vehicle category designations that stemmed from the repeal of Directives 2002/24/EC and 2003/37/EC, certain vehicle category designations referred to in Directive 2014/45/EU should be adapted. Those changes do not affect the scope and frequency of the testing.

                     (4)

                     Regulation (EU) 2015/758 (8) of the European Parliament and of the Council lays down an obligation for certain new types of vehicles to be equipped with a permanently installed 112-based eCall in-vehicle system, with effect from 31 March 2018.

                     (5)

                     The 112-based eCall in-vehicle system, as an emergency system, requires the highest possible level of reliability. The accuracy of the minimum set of data and of the voice transmission, and quality, should be ensured, and a uniform testing regime should be developed to ensure the longevity and durability of the 112-based eCall in-vehicle system. Periodic roadworthiness tests for eCall should therefore be carried out regularly in accordance with Directive 2014/45/EU. A new point relating to such a test should be added in Table 3 of Annex I to that Directive.

                     (6)

                     Directive 2014/45/EU should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            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 cm3; 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 cm3 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 cm3, 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.

            Done at Brussels, 9 July 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (OJ L 141, 6.6.2009, p. 12).

            (2)  Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC (OJ L 124, 9.5.2002, p. 1).

            (3)  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 (OJ L 171, 9.7.2003, p. 1).

            (4)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 263, 9.10.2007, p. 1).

            (5)  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).

            (6)  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).

            (7)  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).

            (8)  Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC (OJ L 123, 19.5.2015, p. 77).

            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)’.


title: Commission Delegated Directive (EU) 2021/802 of 12 March 2021 amending the Annex to Council Framework Decision 2004/757/JHA as regards the inclusion of the new psychoactive substances methyl 3,3-dimethyl-2-{[1-(pent-4-en-1-yl)-1H-indazole-3-carbonyl]amino}butanoate (MDMB-4en-PINACA) and methyl 2-{[1-(4-fluorobutyl)-1H-indole-3-carbonyl]amino}-3,3-dimethylbutanoate (4F-MDMB-BICA) in the definition of ‘drug’

text:
                  20.5.2021

                  EN

                  Official Journal of the European Union

                  L 178/1

         COMMISSION DELEGATED DIRECTIVE (EU) 2021/802
         of 12 March 2021
         amending the Annex to Council Framework Decision 2004/757/JHA as regards the inclusion of the new psychoactive substances methyl 3,3-dimethyl-2-{[1-(pent-4-en-1-yl)-1H-indazole-3-carbonyl]amino}butanoate (MDMB-4en-PINACA) and methyl 2-{[1-(4-fluorobutyl)-1H-indole-3-carbonyl]amino}-3,3-dimethylbutanoate (4F-MDMB-BICA) in the definition of ‘drug’
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (1), and in particular Articles 1a(1) thereof,
         Whereas:

                     (1)

                     Risk assessment reports on the new psychoactive substances methyl 3,3-dimethyl-2-{[1-(pent-4-en-1-yl)-1H-indazole-3-carbonyl]amino}butanoate (MDMB-4en-PINACA) and methyl 2-{[1-(4-fluorobutyl)-1H-indole-3-carbonyl]amino}-3,3-dimethylbutanoate (4F-MDMB-BICA) were drawn up in compliance with Article 5c of Regulation (EC) No 1920/2006 of the European Parliament and of the Council (2) by the Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction extended following the procedure laid down in Article 5c(4) of the same Regulation. The Centre submitted the risk assessment reports to the Commission and to the Member States on 9 December 2020.

                     (2)

                     MDMB-4en-PINACA and 4F-MDMB-BICA are synthetic cannabinoid receptor agonists (synthetic cannabinoids). They show similar effects to tetrahydrocannabinol (THC), which is responsible for the major psychoactive effects of cannabis, but with additional life-threatening toxicity. The high potency of the two substances constitutes a high risk of poisoning.

                     (3)

                     MDMB-4en-PINACA has been available in the Union since at least 2017 and has been detected in 20 Member States, with a large increase in the number of Member States identifying the substance for the first time in 2019. In 2020 there was a large increase in the quantity of MDMB-4en-PINACA seized by customs. 389 seizures in total were reported by 20 Member States (3). In addition, six Member States reported 15 collected samples and one Member State reported 28 biological samples. MDMB-4en-PINACA in general is likely to be under-detected since the substance is not routinely screened for in some laboratories. In most cases, the substance was seized as powder and in smoking mixtures, but it was also identified as impregnated paper, including blotters, in liquid form and in other non-specified forms.

                     (4)

                     Twelve deaths were reported by two Member States that are associated with MDMB-4en-PINACA. Both intoxications and deaths are likely to be under-detected and under-reported as they are not routinely screened for in some laboratories.

                     (5)

                     4F-MDMB-BICA has been available in the Union since at least March 2020 and has been detected in eleven Member States. 94 seizures in total were reported by eleven Member States (4). In addition, one Member State reported a collected sample and one Member State 126 biological samples. 4F-MDMB-BICA in general is likely to be under-detected since the substance is not routinely screened for due to its novelty on the market. In most cases, the substance was seized as powder, in smoking mixtures and as blotters, but it was also identified in liquid form and in other non-specified forms.

                     (6)

                     Twenty-one deaths were reported in one Member State between May and August 2020 that are associated with 4F-MDMB-BICA. Both intoxications and deaths are likely to be under-detected and under-reported as they are not routinely screened for and as the substance appeared very recently on the Union market.

                     (7)

                     MDMB-4en-PINACA and 4F-MDMB-BICA appear to be sold online in small and wholesale amounts as a ‘legal’ replacement for cannabis and controlled synthetic cannabinoids, mainly as a finished consumer product, such as in smoking mixtures, e-liquids or impregnated on paper.

                     (8)

                     There is no direct evidence showing the involvement of organised crime in the manufacture, distribution (trafficking) and supply of MDMB-4en-PINACA and 4F-MDMB-BICA within the Union.

                     (9)

                     MDMB-4en-PINACA and 4F-MDMB-BICA have no recognised human or veterinary medical use in the Union nor, it appears, elsewhere. There are no indications that the substances may be used for any other purpose aside from as an analytical reference standard and in scientific research.

                     (10)

                     The risk assessment reports reveal that many of the questions related to MDMB-4en-PINACA and 4F-MDMB-BICA that are posed by the lack of data on the risks to individual health, risks to public health and social risks could be answered through further research. The available information would suggest that the consumption of MDMB-4en-PINACA and 4F-MDMB-BICA causes harm to health associated with their acute toxicity and abuse liability or dependence producing potential. This harm to health is considered life-threatening. There is no specific information on the social risks posed by MDMB-4-en-PINACA and 4F-MDMB-BICA. Therefore, there is sufficient ground for including MDMB-4en-PINACA and 4F-MDMB-BICA in the definition of ‘drug’.

                     (11)

                     MDMB-4en-PINACA and 4F-MDMB-BICA are not listed for control under the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or under the 1971 United Nations Convention on Psychotropic Substances. 4F-MDMB-BICA is not currently under assessment by the United Nations system, whereas MDMB-4en-PINACA has been recommended for scheduling under the United Nations system as well. However, there is sufficient evidence for the urgency to add this substance in the definition of ‘drug’ also under EU law.

                     (12)

                     Nine Member States control MDMB-4en-PINACA under national drug control legislation, four Member States control it under new psychoactive substances legislation and one Member State controls it under other legislation. Seven Member States control 4F-MDMB-BICA under national drug control legislation and four Member States control it under new psychoactive substances legislation and one Member State controls it under other legislation. Given that these national control measures are already in place, including MDMB-4en-PINACA and 4F-MDMB-BICA in the definition of ‘drug’ and thereby covering them by provisions on the criminal offences and sanctions as defined in Framework Decision 2004/757/JHA would help avoiding the emergence of obstacles in cross-border law enforcement and judicial cooperation, and would help protecting from the risks that their availability and use can pose.

                     (13)

                     As the conditions and procedure for triggering the exercise of the powers to adopt a delegated act have been met, a delegated directive should be adopted in order to include MDMB-4en-PINACA and 4F-MDMB-BICA in the Annex to Framework Decision 2004/757/JHA and, as a consequence thereof, subject those substances to the Union criminal law provisions on illicit drug trafficking.

                     (14)

                     Ireland is bound by Framework Decision 2004/757/JHA, as amended by Directive (EU) 2017/2103 of the European Parliament and of the Council (5), and is therefore taking part in the adoption and application of this Decision.

                     (15)

                     Denmark is bound by Framework Decision 2004/757/JHA as applicable until 21 November 2018, but is not bound by Directive (EU) 2017/2103. It is therefore not taking part in the adoption and application of this Directive and is not bound by it or subject to its application.

                     (16)

                     In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (6), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.

                     (17)

                     Framework Decision 2004/757/JHA should therefore be amended accordingly,

               HAS ADOPTED THIS DIRECTIVE:

            Article 1
            Amendment to Framework Decision 2004/757/JHA
            In the Annex to Framework Decision 2004/757/JHA, new points 18 and 19 are added as follows:

                        ‘18.

                        Methyl 3,3-dimethyl-2-{[1-(pent-4-en-1-yl)-1H-indazole-3-carbonyl]amino}butanoate (MDMB-4en-PINACA) (*).

                        19.

                        Methyl 2-{[1-(4-fluorobutyl)-1H-indole-3-carbonyl]amino}-3,3-dimethylbutanoate (4F-MDMB-BICA) (*).

            Article 2
            Transposition

               1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 December 2021 at the latest. They shall forthwith communicate to the Commission the text of those provisions.
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

               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
            This Directive is addressed to the Member States in accordance with the Treaties.

            Done at Brussels, 12 March 2021.

                  For the Commission

                  The President

               Ursula VON DER LEYEN

            (1)  OJ L 335, 11.11.2004, p. 8.

            (2)  Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (OJ L 376, 27.12.2006, p. 1).

            (3)  In addition, the United Kingdom reported 380 seizures, Norway 1 seizure and Turkey 663 seizures.

            (4)  In addition, the United Kingdom reported 17 seizures.

            (5)  Directive (EU) 2017/2103 of the European Parliament and of the Council of 15 November 2017 amending Council Framework Decision 2004/757/JHA in order to include new psychoactive substances in the definition of ‘drug’ and repealing Council Decision 2005/387/JHA (OJ L 305, 21.11.2017, p. 12).

            (6)  OJ C 369, 17.12.2011, p. 14.