13.5.2011 EN Official Journal of the European Union L 124/11 COMMISSION REGULATION (EU) No 458/2011 of 12 May 2011 concerning type-approval requirements for motor vehicles and their trailers with regard to the installation of their tyres and implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (1), and in particular Article 14(1)(a) thereof, Whereas: (1) Regulation (EC) No 661/2009 is a separate Regulation for the purposes of the type-approval procedure provided for by 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 (Framework Directive) (2). (2) Regulation (EC) No 661/2009 repeals Council Directive 92/23/EEC of 31 March 1992 relating to tyres for motor vehicles and their trailers and to their fitting (3). The requirements set out in that Directive should be carried over to this Regulation and, where necessary, adapted to the development of scientific and technical knowledge. (3) The scope of this Regulation should be in line with that of Directive 92/23/EEC. The Regulation should therefore cover vehicles of categories M, N and O. (4) Regulation (EC) No 661/2009 lays down basic requirements for the type-approval of motor vehicles with regard to the installation of tyres. Therefore, it is necessary to set out the specific procedures, tests and requirements for such type-approval to ensure that the tyres used on a vehicle are appropriate for the load, speed and use characteristics of that vehicle. (5) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles, HAS ADOPTED THIS REGULATION: Article 1 Scope This Regulation applies to vehicles of categories M, N and O, as defined in Annex II to Directive 2007/46/EC. Article 2 Definitions For the purposes of this Regulation, the following definitions shall apply: (1) ‘vehicle type with regard to the installation of its tyres’ means vehicles which do not differ in such essential respects as the types of tyres, minimum and maximum tyre size designations, wheel dimensions and off-sets as well as speed and load capabilities suitable for fitment, and the characteristics of the wheel guards; (2) ‘type of tyre’ means a range of tyres which do not differ in the following essential characteristics: (a) the tyre class: C1, C2 or C3, as described in Article 8(1) of Regulation (EC) No 661/2009; and (b) in the case of class C1, tyres, the characteristics of a type of pneumatic tyre as defined in paragraph 2.1 of UNECE Regulation No 30 (4); (c) in the case of class C2 or C3 tyres, the characteristics of a type of pneumatic tyre as defined in paragraph 2.1 of UNECE Regulation No 54 (5); (3) ‘tyre size designation’ means the designation as defined in paragraph 2.17 of UNECE Regulation No 30 for class C1 tyres and paragraph 2.17 of UNECE Regulation No 54 for class C2 and C3 tyres; (4) ‘wheel off-set’ means the distance from the hub abutment face to the centre line of the rim; (5) ‘pneumatic-tyre structure’ means the technical characteristics of the tyre’s carcass; (6) ‘normal tyre’ means a tyre or run flat tyre intended for normal on-road use; (7) ‘run flat tyre’ means a tyre as defined in paragraph 2.4.3 of UNECE Regulation No 64 (6); (8) ‘temporary-use spare tyre’ means a tyre different from a tyre intended to be fitted to any vehicle for normal driving conditions but intended only for temporary-use under restricted driving conditions; (9) ‘wheel’ means a complete wheel consisting of a rim and a wheel disc; (10) ‘temporary-use spare wheel’ means a wheel different from one of the normal wheels on the vehicle type; (11) ‘unit’ means an assembly of a wheel and tyre; (12) ‘standard unit’ means a unit which is capable of being fitted to the vehicle for normal operation; (13) ‘spare unit’ means a unit which is intended to be exchanged for a standard unit in case of malfunction of the latter and may be either of the following; (14) ‘standard spare unit’ means an assembly of a wheel and tyre identical in terms of wheel and tyre size designation, wheel offset and tyre structure to that fitted in the same axle position and to the particular vehicle variant and version for normal operation, including wheels produced from a different material and which may use different wheel fixing nut or bolt designs, but which is otherwise identical to the wheel intended for normal operation; (15) ‘temporary-use spare unit’ means an assembly of any wheel and tyre that does not fall within the definition of standard spare unit and which falls within one of the temporary-use spare unit type descriptions as defined in paragraph 2.10 of UNECE Regulation No 64; (16) ‘speed category symbol’ means the symbol as defined in paragraph 2.29 of UNECE Regulation No 30 for class class C1 tyres and paragraph 2.28 of UNECE Regulation No 54 for class C2 and C3; (17) ‘load capacity index’ means a number associated to the maximum load rating of the tyre in relation to the definition in paragraph 2.28 of UNECE Regulation No 30 for class C1 tyres and paragraph 2.27 of UNECE Regulation No 54 for class C2 and C3 tyres; (18) ‘maximum load rating’ means the mass which a tyre can carry when operated in conformity with requirements governing utilisation specified by the tyre manufacturer. Article 3 Provisions for EC type-approval of a vehicle with regard to the installation of its tyres 1. The manufacturer or the representative of the manufacturer shall submit to the type-approval authority the application for EC type-approval of a vehicle with regard to the installation of its tyres. 2. The application shall be drawn up in accordance with the model of the information document set out in Part 1 of Annex I. 3. If the relevant requirements set out in Annex II to this Regulation are met, the type-approval authority shall grant an EC type-approval and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC. A Member State may not assign the same number to another vehicle type. 4. For the purposes of paragraph 3, the approval authority shall deliver an EC type-approval certificate established in accordance with the model set out in Part 2 of Annex I. Article 4 Entry into force This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 May 2011. For the Commission The President José Manuel BARROSO (1) OJ L 200, 31.7.2009, p. 1. (2) OJ L 263, 9.10.2007, p. 1. (3) OJ L 129, 14.5.1992, p. 95. (4) OJ L 201, 30.7.2008, p. 70. (5) OJ L 183, 11.7.2008, p. 41. (6) OJ L 310, 26.11.2010, p. 18. ANNEX I Administrative provisions for the type-approval of vehicles with regard to the installation of their tyres PART 1 Information document MODEL Information document No … relating to the EC type-approval of a vehicle with regard to the installation of its tyres. The following information, if applicable, shall be supplied in triplicate and include a list of contents. Any drawings shall be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, shall show sufficient detail. If the systems, components or separate technical units referred to in this information document have electronic controls, information concerning their performance shall be supplied. 0. GENERAL 0.1. Make (trade name of manufacturer): … 0.2. Type: … 0.2.1. Commercial name(s) (if available): … 0.3. Means of identification of type, if marked on the vehicle (1): … 0.3.1. Location of that marking: … 0.4. Category of vehicle (2): … 0.5. Name and address of manufacturer: … 0.8. Name(s) and address(es) of assembly plant(s): … 0.9. Name and address of the manufacturer’s representative (if any): … 1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE 1.1. Photographs and/or drawings of a representative vehicle: … 1.3. Number of axles and wheels: … 1.3.1. Number and position of axles with tyres in dual (twin) formation: … 1.3.2. Number and position of steered axles: … 1.3.3. Powered axles (number, position, interconnection): … 2. MASSES AND DIMENSIONS (3) (4) 2.3. Axle track(s) and width(s) 2.3.1. Track of each steered axle (5): … 2.3.2. Track of all other axles (5): … 2.3.3. Width of the widest rear axle: … 2.3.4. Width of the foremost axle (measured at the outermost part of the tyres excluding the bulging of the tyres close to the ground): … 2.8. Technically permissible maximum laden mass stated by the manufacturer (6) (7): … 2.9. Technically permissible maximum mass on each axle: … 2.11.5. Vehicle is/is not (8) suitable for towing loads 4.7. Maximum vehicle design speed (in km/h) (9): … 6. SUSPENSION 6.6. Tyres and wheels 6.6.1. Tyre/wheel combination(s) (10) (a) for tyres indicate; — size designation(s), — load-capacity index (7), — speed category symbol (7), — rolling resistance coefficient (measured in accordance with ISO 28580); (b) for wheels indicate rim size(s) and off-set(s). 6.6.1.1. Axles 6.6.1.1.1. Axle 1: … 6.6.1.1.2. Axle 2: … etc. 6.6.3. Tyre pressure(s) as recommended by the vehicle manufacturer (kPa): … 6.6.4. Description of the snow traction device(s) and the tyre/wheel combination(s) on the front and/or rear axle(s) suitable for the type of vehicle, as recommended by the manufacturer: … 6.6.5. Brief description of temporary-use spare unit (if any): … 6.6.6. Brief description of tyre pressure monitoring system (TPMS) (if fitted): … 9. BODYWORK 9.16. Wheel guards 9.16.1. Brief description of the vehicle with regard to its wheel guards: … 12. MISCELLANEOUS 12.6. Speed limitation devices 12.6.1. Manufacturer(s): … 12.6.2. Type(s): … 12.6.3. Type-approval number(s), if available: … 12.6.4. Speed or range of speeds at which the speed limitation may be set: … km/h Explanatory notes: PART 2 EC type-approval certificate MODEL Format: A4 (210 × 297 mm) EC TYPE-APPROVAL CERTIFICATE Communication concerning: — EC type-approval (11) — extension of EC type-approval (11) — refusal of EC type-approval (11) — withdrawal of EC type-approval (11) of a type of vehicle with regard to the installation of its tyres with regard to Regulation (EU) No …/2011 EC type-approval number: … Reason for extension: … SECTION I 0.1. Make (trade name of manufacturer): … 0.2. Type: … 0.2.1. Commercial name(s) (if available): … 0.3. Means of identification of type, if marked on the vehicle (12): … 0.3.1. Location of that marking: … 0.4. Category of vehicle (13): … 0.5. Name and address of manufacturer: … 0.8. Name(s) and address(es) of assembly plant(s): … 0.9. Name and address of the manufacturer’s representative (if any): … SECTION II 1. Additional information: see Addendum. 2. Technical service responsible for carrying out the tests: … 3. Date of test report: … 4. Number of test report: … 5. Remarks (if any): see Addendum. 6. Place: … 7. Date: … 8. Signature: … Attachments : Information package. Test report (1) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??). (2) Classified according to the definitions set out in Directive 2007/46/EC Part A of Annex II. (3) Where there is one version with a normal cab and another with a sleeper cab, both sets of masses and dimensions are to be stated. (4) Standard ISO 612: 1978 — Road vehicles — Dimensions of motor vehicles and towed vehicles — terms and definitions. (5) (g4) Term No 6.5. (6) For trailers or semi-trailers, and for vehicles coupled with a trailer or a semi-trailer, which exert a significant vertical load on the coupling device or the fifth wheel, this load, divided by standard acceleration of gravity, is included in the maximum technically permissible mass. (7) Please fill in here the upper and lower values for each variant. (8) Delete where not applicable. (9) With respect to motor vehicles, if the vehicle manufacturer permits that certain controller functions are modified (e.g. by means of software, hardware, upgrading, selection, enabling, disabling) before or after the vehicle has been put into service, resulting in the vehicle having an increased maximum speed, the maximum possible speed achievable by means of adjustment of these controller functions is declared. With respect to trailers, the maximum speed as permitted by the vehicle manufacturer is declared. (10) For tyres marked with the inscription ZR before the rim diameter code, intended to be fitted on vehicles whose maximum vehicle design speed exceeds 300 km/h, equivalent information shall be provided. (11) Delete where not applicable. (12) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this information document, such characters shall be represented in the documentation by the symbol ‘?’ (e.g. ABC??123??). (13) As defined in Directive 2007/46/EC, Annex II, Section A. Addendum to EC type-approval certificate No … 1. Additional information: 1.1. Brief description of the vehicle type as regards its structure, dimensions, lines and constituent materials: … … 1.2. Tyre/wheel combination(s) (including tyre size, rim size and wheel off-set): … 1.3. The minimum speed category symbol compatible with the maximum vehicle design speed (of each variant) (for tyres marked with the inscription ZR before the rim diameter code, intended to be fitted on vehicles whose maximum vehicle design speed exceeds 300 km/h, equivalent information shall be provided) … 1.4. The minimum load-capacity index compatible with the technically permissible maximum mass on each axle (of each variant) (if applicable adjusted according to paragraph 3.2.2 of Annex II) … 1.5. Tyre/wheel combination(s) (including tyre size, rim size and wheel off-set) to be used with the snow traction device(s): … 2. Vehicle of category M1 is/is not (1) suitable for towing loads and the load rating of the rear tyres is exceeded by … % 3. The vehicle is/is not (1) approved according to UNECE Regulation No 64 with regard to its temporary-use spare unit. 3.1. Vehicle category M1: yes/no (1), type 1/2/3/4/5 (1) 3.2. Vehicle category N1: yes/no (1), type 1/2/3/5 (1) 4. Vehicle is/is not (1) approved according to UNECE Regulation No 64 with regard to its tyre pressure monitoring system (TPMS). 4.1. Brief description of the tyre pressure monitoring system (TPMS) (if fitted): … 5. Remarks: … (1) Delete where not applicable. ANNEX II Requirements for vehicles with regard to the installation of their tyres 1. GENERAL REQUIREMENTS 1.1. Subject to the provisions of paragraph 5.4, every tyre fitted to a vehicle, including where applicable any spare tyre, shall meet the requirements of Regulation (EC) No 661/2009 and its implementing measures. 2. TYRE FITMENT 2.1. All tyres normally fitted to the vehicle, thus excluding any temporary-use spare unit, shall have the same structure. 2.2. All of the tyres normally fitted to one axle shall be of the same type. 2.3. The space in which the wheel revolves shall be such as to allow unrestricted movement when using the maximum permissible size of tyres and rim widths, taking into account the minimum and maximum wheel off-sets, within the minimum and maximum suspension and steering constraints as declared by the vehicle manufacturer. This shall be verified by performing the checks with the largest and the widest tyres, taking into account the applicable dimensional tolerances (i.e. maximum envelope) related to the tyre size designation as specified in the relevant UNECE Regulation. 2.4. The technical service may agree to an alternative test procedure (e.g. virtual testing) to verify that the requirements of paragraph 2.3 of this Annex are met. 3. LOAD CAPACITY 3.1. Subject to the provisions of paragraph 5 of this Annex, the maximum load rating of every tyre as determined in paragraph 3.2 of this Annex, including a spare tyre (if provided), with which the vehicle is fitted shall be: 3.1.1. In the case of a vehicle fitted with tyres of the same type in single formation: at least equal to half of the technically permissible maximum axle mass for the most heavily loaded axle, as declared by the manufacturer of the vehicle. 3.1.2. In the case of a vehicle fitted with tyres of more than one type, in single formation: at least equal to half of the technically permissible maximum axle mass as declared by the manufacturer of the vehicle, in respect of the relevant axle. 3.1.3. In the case of a vehicle fitted with tyres of class C1 in dual (twin) formation: at least equal to 0,27 times the technically permissible maximum axle mass, as declared by the manufacturer of the vehicle, in respect of the relevant axle. 3.1.4. In the case of axles fitted with tyres of class C2 or C3 in dual (twin) formation: at least equal to 0,25 times, with reference to the load capacity index for dual application, the technically permissible maximum axle mass as declared by the manufacturer of the vehicle, in respect of the relevant axle. 3.2. The maximum load rating of a tyre is determined as follows: 3.2.1. In the case of tyres of class C1, the ‘maximum load rating’ as referred to in paragraph 2.31 of UNECE Regulation No 30 is taken into account. 3.2.2. In the case of tyres of class C2 or C3, the ‘table load-capacity variation with speed’ as referred to in paragraph 2.29 of UNECE Regulation No 54 is taken into account, which shows, as a function of the load-capacity indices and nominal-speed-category symbols, the load variations which a pneumatic tyre can withstand taking into account the maximum design speed of the vehicle. 3.3. The relevant information shall be stated clearly in the vehicle owner’s handbook in order to ensure that suitable replacement tyres with an appropriate load capacity shall be fitted when necessary, once the vehicle has been put into service. 4. SPEED CAPACITY 4.1. Every tyre with which the vehicle is normally fitted shall bear a speed category symbol. 4.1.1. In the case of a tyre of class C1, the speed category symbol shall be compatible with the maximum vehicle design speed and shall take into account, in the case of tyres of speed categories V, W and Y, the maximum load rating as described in UNECE Regulation No 30. 4.1.2. In the case of a tyre of class C2 or C3, the speed category symbol shall be compatible with the maximum vehicle design speed and the applicable load/speed combination derived from the ‘table load-capacity variation with speed’ as described in paragraph 3.2.2 of this Annex. 4.2. The requirements of paragraphs 4.1.1 and 4.1.2 shall not apply in the following situations: 4.2.1. In the case of temporary-use spare units for which paragraph 6 of this Annex applies. 4.2.2. In the case of vehicles normally equipped with ordinary tyres and occasionally fitted with snow tyres (i.e. with the alpine or three-peaked mountain snowflake symbol marking) where in such a case the speed category symbol of the snow tyre shall correspond to a speed either greater than the maximum vehicle design speed or not less than 160 km/h (or both). However, if the maximum vehicle design speed is greater than the speed corresponding to the lowest speed category symbol of the fitted snow tyres, a maximum speed warning label, specifying the lowest value of the maximum speed capability of the fitted snow tyres, shall be displayed inside the vehicle in a prominent position readily and permanently visible to the driver. Other tyres with improved snow traction (i.e. with the M+S marking, but without the alpine or three-peaked mountain snowflake symbol marking) shall comply with the requirements of paragraphs 4.1.1 and 4.1.2 of this Annex. 4.2.3. In the case of vehicles equipped with professional off-road tyres with the POR marking. However, if the maximum vehicle design speed is greater than the speed corresponding to the lowest speed category symbol of the fitted special use tyres, a maximum speed warning label, specifying the lowest value of the maximum speed capability of the fitted special use tyres, shall be displayed inside the vehicle in a prominent position readily and permanently visible to the driver. 4.2.4. In the case of vehicles of categories M2, M3, N2 or N3 equipped with a speed limitation device (SLD) approved according to UNECE Regulation No 89 (1) where in such a case the speed symbol of the tyres shall be compatible with the speed at which the limitation is set. However, if the vehicle manufacturer has foreseen that the maximum vehicle design speed is greater than the speed corresponding to the lowest speed category symbol of the fitted tyres, a maximum speed warning label, specifying the maximum speed capability of the tyres, shall be displayed inside the vehicle in a prominent position readily and permanently visible to the driver. 4.2.5. In the case of vehicles of categories M1 or N1 equipped with an on-board system fulfilling a speed limitation function where in such a case the speed symbol of the tyres shall be compatible with the speed at which the limitation is set. However, if the vehicle manufacturer has foreseen that the maximum vehicle design speed is greater than the speed corresponding to the lowest speed category symbol of the fitted tyres, a maximum speed warning label, specifying the maximum speed capability of the tyres, shall be displayed inside the vehicle in a prominent position readily and permanently visible to the driver. 4.3. The relevant information shall be stated clearly in the vehicle owner’s handbook in order to ensure that suitable replacement tyres with an appropriate speed capacity shall be fitted when necessary, once the vehicle has been put into service. 5. SPECIAL CASES 5.1. In the case of trailers of categories O1 and O2, with a maximum vehicle design speed of 100 km/h or less and fitted with tyres of class C1 in single formation, the maximum load rating of every tyre shall be at least equal to 0,45 times the technically permissible maximum axle mass for the most heavily loaded axle, as declared by the manufacturer of the trailer. For tyres in dual (twin) formation this factor shall be at least equal to 0,24. In such cases a maximum operating speed warning label, specifying the maximum vehicle design speed, shall be permanently and durably affixed near the front coupling device of the trailer. 5.2. In the case of vehicles of categories M1 and N1, which are designed to be capable of towing a trailer, the additional load imposed at the trailer coupling device may cause the rear tyre maximum load ratings to be exceeded in case of class C1 tyres, but not by more than 15 %. In such a case, the vehicle owner’s handbook shall contain clear information and advice on the maximum permissible vehicle speed when towing a trailer, in any case not exceeding 100 km/h, and on the rear tyre pressure, at least 20 kPa (0,2 bar) above the tyre pressure(s) as recommended for normal use (i.e. without a trailer attached). 5.3. In the case of some special vehicles, as listed below, fitted with tyres of class C2 or C3, the ‘table load-capacity variation with speed’ as described in paragraph 3.2.2 of this Annex shall not be applied. In such a case, the tyre maximum load rating to check against the technically permissible maximum axle mass (see paragraphs 3.1.2 to 3.1.4) shall be determined by multiplying the load corresponding to the load capacity index by an appropriate coefficient which is related to the type of vehicle and its use, rather than to the maximum vehicle design speed, and the requirements of paragraphs 4.1.1 and 4.1.2 of this Annex shall not apply. The appropriate coefficients shall be the following: 5.3.1. 1,15 in the case of a Class I or Class A vehicle (M2 or M3), as referred to in paragraphs 2.1.1.1 (Class I) and 2.1.2.1 (Class A) of UNECE Regulation No 107 (2). 5.3.2. 1,10 in the case of vehicles of category N which are specifically designed for use over short distances in urban and suburban applications, such as street and road sweepers or refuse collection vehicles, provided that the maximum vehicle design speed does not exceed 60 km/h. 5.4. In exceptional cases, where vehicles are designed for conditions of use which are incompatible with the characteristics of tyres of class C1, C2 or C3 and it is therefore necessary to fit tyres with different characteristics, the requirements of paragraph 1.1 of this Annex shall not apply, provided that all of the following conditions are met: 5.4.1. the tyres shall be approved according to either UNECE Regulation No 75 (3) or UNECE Regulation No 106 (4); and 5.4.2. the type-approval authority and technical service are satisfied that the tyres fitted are suitable for the operating conditions of the vehicle. The nature of the exemption and motivation of acceptance shall be stated in the test report as well as under the remarks on the type-approval certificate. 6. SPARE WHEELS AND TYRES 6.1. In cases where a vehicle is provided with a spare unit, it shall be one of the following: 6.1.1. A standard spare unit in the same size as the tyres actually fitted to the vehicle. 6.1.2. A temporary-use spare unit of a type suitable for use on the vehicle, however, vehicles of categories other than M1 or N1 shall not be equipped or fitted with a temporary-use spare unit. 6.1.2.1. If specific precautions have to be taken in order to fit a temporary-use spare unit to the vehicle (e.g. temporary-use spare unit is only to be fitted on the front axle and therefore a front standard unit must first be fitted on the rear axle in order to address a malfunction of a rear standard unit) this shall be stated clearly in the vehicle owner’s handbook and compliance with the appropriate aspects of paragraph 2.3 of this Annex shall be verified. 6.2. Every vehicle provided with a temporary-use spare unit or run flat tyres shall hold a valid type-approval under UNECE Regulation No 64 with respect to the requirements concerning the equipment of vehicles with temporary-use spare units and run flat tyres. (1) OJ L 158, 19.5.2007, p. 1. (2) OJ L 255, 29.9.2010, p. 1. (3) Has not been published yet. Will be published by May 2011. (4) OJ L 257, 30.9.2010, p. 231.

Summary: Installation of motor vehicle tyres Installation of motor vehicle tyres SUMMARY OF: Regulation (EU) No 458/2011 – type–approval requirements for motor vehicles and their trailers with regard to the installation of their tyres WHAT IS THE AIM OF THIS REGULATION? It defines the requirements applying to the EC type–approval of the installation of tyres on vehicles of the following categories. M: motor vehicles designed and built for the carriage of passengers and having at least 4 wheels. N: motor vehicles intended and built for the transportation of goods and having at least 4 wheels. O: trailers. It implements Regulation (EC) No 661/2009 on the general safety of motor vehicles. KEY POINTS Requirements relating to the assembly of tyres In accordance with the regulation on the general safety of motor vehicles, tyres are classified into 3 categories, namely C1, C2 and C3. All tyres must be fitted to the vehicle and have the same structure, except temporary-use spare tyres*. The space in which the wheel turns must allow for unrestricted movement of tyres and rims. Tyres fitted to vehicles have maximum load ratings and must bear a speed category symbol. These aspects must be compatible with the vehicles in question. If a vehicle has a spare wheel, it must belong to 1 of 2 categories: a standard spare unit in the same size as the tyres fitted to the vehicle; a temporary-use spare unit of a type suitable for use on the vehicle. Rules concerning EC type–approval The vehicle manufacturer must submit an application for EC type–approval to the competent authority. This application must contain certain information, in particular: make and type of vehicle; number of axles and wheels; key characteristics of the tyres. If the competent authority considers that the vehicle complies with all the requirements laid down in respect of the installation of tyres, it delivers EC type–approval and assigns a type–approval number in accordance with Directive 2007/46/EC. Regulation (EU) 2015/166 amends Regulation (EU) No 458/2011 adapting it to technical progress concerning the optional spare wheel for N1 category vehicles (i.e. those carrying goods and having a maximum mass not exceeding 3.5 tonnes). FROM WHEN DOES THE REGULATION APPLY? It applies from 2 June 2011. BACKGROUND For more information, see: Directives and regulations on motor vehicles, their trailers, systems and components on the European Commission’s website * KEY TERMS Temporary-use spare tyre: a tyre designed for temporary use at inflation pressures that are higher than those set for standard and reinforced tyres MAIN DOCUMENT Commission Regulation (EU) No 458/2011 of 12 May 2011 concerning type–approval requirements for motor vehicles and their trailers with regard to the installation of their tyres and implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council concerning type–approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 124, 13.5.2011, pp. 11-20) Successive amendments to Regulation (EU) No 458/2011 have been incorporated in the original text. This consolidated version is of documentary value only. last update 07.07.2016


15.7.2010 EN Official Journal of the European Union L 180/1 DIRECTIVE 2010/41/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 157(3) thereof, Having regard to the proposal from the European Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the ordinary legislative procedure (2), Whereas: (1) Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood (3) ensures application in Member States of the principle of equal treatment as between men and women engaged in an activity in a self-employed capacity, or contributing to the pursuit of such activity. As far as self-employed workers and spouses of self-employed workers are concerned, Directive 86/613/EEC has not been very effective and its scope should be reconsidered, as discrimination based on sex and harassment also occur in areas outside salaried work. In the interest of clarity, Directive 86/613/EEC should be replaced by this Directive. (2) In its Communication of 1 March 2006 entitled ‘Roadmap for equality between women and men’, the Commission announced that in order to improve governance of gender equality, it would review the existing Union gender equality legislation not included in the 2005 recast exercise with a view to updating, modernising and recasting where necessary. Directive 86/613/EEC was not included in the recasting exercise. (3) In its conclusions of 5 and 6 December 2007 on ‘Balanced roles of women and men for jobs, growth and social cohesion’, the Council called on the Commission to consider the need to revise, if necessary, Directive 86/613/EEC in order to safeguard the rights related to motherhood and fatherhood of self-employed workers and their helping spouses. (4) The European Parliament has consistently called on the Commission to review Directive 86/613/EEC, in particular so as to boost maternity protection for self-employed women and to improve the situation of spouses of self-employed workers. (5) The European Parliament has already stated its position on these matters in its resolution of 21 February 1997 on the situation of the assisting spouses of the self-employed (4). (6) In its Communication of 2 July 2008 entitled ‘Renewed Social Agenda: Opportunities, access and solidarity in 21st century Europe’, the Commission has affirmed the need to take action on the gender gap in entrepreneurship as well as to improve the reconciliation of private and professional life. (7) There are already a number of existing legal instruments for the implementation of the principle of equal treatment which cover self-employment activities, in particular Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (5) and Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (6). This Directive should therefore not apply to the areas already covered by other directives. (8) This Directive is without prejudice to the powers of the Member States to organise their social protection systems. The exclusive competence of the Member States with regard to the organisation of their social protection systems includes, inter alia decisions on the setting up, financing and management of such systems and related institutions as well as on the substance and delivery of benefits, the level of contributions and the conditions for access. (9) This Directive should apply to self-employed workers and to their spouses or, when and in so far as recognised by national law, their life partners, where they, under the conditions laid down by national law, habitually participate in the activities of the business. In order to improve the situation for these spouses and, when and in so far as recognised by national law, the life partners of self-employed workers, their work should be recognised. (10) This Directive should not apply to matters covered by other Directives implementing the principle of equal treatment between men and women, notably Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (7), inter alia, Article 5 of Directive 2004/113/EC on insurance and related financial services remains applicable. (11) To prevent discrimination based on sex, this Directive should apply to both direct and indirect discrimination. Harassment and sexual harassment should be considered discrimination and therefore prohibited. (12) This Directive should be without prejudice to the rights and obligations deriving from marital or family status as defined in national law. (13) The principle of equal treatment should cover the relationships between the self-employed worker and third parties within the remit of this Directive, but not relationships between the self-employed worker and his or her spouse or life partner. (14) In the area of self-employment, the application of the principle of equal treatment means that there must be no discrimination on grounds of sex, for instance in relation to the establishment, equipment or extension of a business or the launching or extension of any other form of self-employed activity. (15) Member States may, under Article 157(4) of the Treaty on the Functioning of the European Union, maintain or adopt measures providing for specific advantages in order to make it easier for the under-represented sex to engage in self-employed activities or to prevent or compensate for disadvantages in their professional careers. In principle, measures such as positive action aimed at achieving gender equality in practice should not be seen as being in breach of the legal principle of equal treatment between men and women. (16) It is necessary to ensure that the conditions for setting up a company between spouses or, when and in so far as recognised by national law, life partners, are not more restrictive than the conditions for setting up a company between other persons. (17) In view of their participation in the activities of the family business, the spouses or, when and in so far as recognised by national law, the life partners of self-employed workers who have access to a system for social protection, should also be entitled to benefit from social protection. Member States should be required to take the necessary measures to organise this social protection in accordance with national law. In particular, it is up to Member States to decide whether this social protection should be implemented on a mandatory or voluntary basis. Member States may provide that this social protection may be proportional to the participation in the activities of the self-employed worker and/or the level of contribution. (18) The economic and physical vulnerability of pregnant self-employed workers and pregnant spouses and, when and in so far as recognised by national law, pregnant life partners of self-employed workers, makes it necessary for them to be granted the right to maternity benefits. The Member States remain competent to organise such benefits, including establishing the level of contributions and all the arrangements concerning benefits and payments, provided the minimum requirements of this Directive are complied with. In particular, they may determine in which period before and/or after confinement the right to maternity benefits is granted. (19) The length of the period during which female self-employed workers and female spouses or, when and in so far as recognised by national law, female life partners of self-employed workers, are granted maternity benefits is similar to the duration of maternity leave for employees currently in place at Union level. In case the duration of maternity leave provided for employees is modified at Union level, the Commission should report to the European Parliament and the Council assessing whether the duration of maternity benefits for female self-employed workers and female spouses and life partners referred to in Article 2 should also be modified. (20) In order to take the specificities of self-employed activities into account, female self-employed workers and female spouses or, when and in so far as recognised by national law, female life partners of self-employed workers should be given access to any existing services supplying temporary replacement enabling interruptions in their occupational activity owing to pregnancy or motherhood, or to any existing national social services. Access to those services can be an alternative to or a part of the maternity allowance. (21) Persons who have been subject to discrimination based on sex should have suitable means of legal protection. To provide more effective protection, associations, organisations and other legal entities should be empowered to engage in proceedings, as Member States so determine, either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. (22) Protection of self-employed workers and spouses of self-employed workers and, when and in so far as recognised by national law, the life partners of self-employed workers, from discrimination based on sex should be strengthened by the existence of a body or bodies in each Member State with competence to analyse the problems involved, to study possible solutions and to provide practical assistance to the victims. The body or bodies may be the same as those with responsibility at national level for the implementation of the principle of equal treatment. (23) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. (24) Since the objective of the action to be taken, namely to ensure a common high level of protection from discrimination in all the Member States, cannot be sufficiently achieved by the Member States and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective, HAVE ADOPTED THIS DIRECTIVE: Article 1 Subject matter 1. This Directive lays down a framework for putting into effect in the Member States the principle of equal treatment between men and women engaged in an activity in a self-employed capacity, or contributing to the pursuit of such an activity, as regards those aspects not covered by Directives 2006/54/EC and 79/7/EEC. 2. The implementation of the principle of equal treatment between men and women in the access to and supply of goods and services remains covered by Directive 2004/113/EC. Article 2 Scope This Directive covers: (a) self-employed workers, namely all persons pursuing a gainful activity for their own account, under the conditions laid down by national law; (b) the spouses of self-employed workers or, when and in so far as recognised by national law, the life partners of self-employed workers, not being employees or business partners, where they habitually, under the conditions laid down by national law, participate in the activities of the self-employed worker and perform the same tasks or ancillary tasks. Article 3 Definitions For the purposes of this Directive, the following definitions shall apply: (a) ‘direct discrimination’: where one person is treated less favourably on grounds of sex than another is, has been or would be, treated in a comparable situation; (b) ‘indirect discrimination’: where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary; (c) ‘harassment’: where unwanted conduct related to the sex of a person occurs with the purpose, or effect, of violating the dignity of that person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment; (d) ‘sexual harassment’: where any form of unwanted verbal, non-verbal, or physical, conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment. Article 4 Principle of equal treatment 1. The principle of equal treatment means that there shall be no discrimination whatsoever on grounds of sex in the public or private sectors, either directly or indirectly, for instance in relation to the establishment, equipment or extension of a business or the launching or extension of any other form of self-employed activity. 2. In the areas covered by paragraph 1, harassment and sexual harassment shall be deemed to be discrimination on grounds of sex and therefore prohibited. A person’s rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person. 3. In the areas covered by paragraph 1, an instruction to discriminate against persons on grounds of sex shall be deemed to be discrimination. Article 5 Positive action Member States may maintain or adopt measures within the meaning of Article 157(4) of the Treaty on the Functioning of the European Union with a view to ensuring full equality in practice between men and women in working life, for instance aimed at promoting entrepreneurship initiatives among women. Article 6 Establishment of a company Without prejudice to the specific conditions for access to certain activities which apply equally to both sexes, the Member States shall take the measures necessary to ensure that the conditions for the establishment of a company between spouses, or between life partners when and in so far as recognised by national law, are not more restrictive than the conditions for the establishment of a company between other persons. Article 7 Social protection 1. Where a system for social protection for self-employed workers exists in a Member State, that Member State shall take the necessary measures to ensure that spouses and life partners referred to in Article 2(b) can benefit from a social protection in accordance with national law. 2. The Member States may decide whether the social protection referred to in paragraph 1 is implemented on a mandatory or voluntary basis. Article 8 Maternity benefits 1. The Member States shall take the necessary measures to ensure that female self-employed workers and female spouses and life partners referred to in Article 2 may, in accordance with national law, be granted a sufficient maternity allowance enabling interruptions in their occupational activity owing to pregnancy or motherhood for at least 14 weeks. 2. The Member States may decide whether the maternity allowance referred to in paragraph 1 is granted on a mandatory or voluntary basis. 3. The allowance referred to in paragraph 1 shall be deemed sufficient if it guarantees an income at least equivalent to: (a) the allowance which the person concerned would receive in the event of a break in her activities on grounds connected with her state of health and/or; (b) the average loss of income or profit in relation to a comparable preceding period subject to any ceiling laid down under national law and/or; (c) any other family related allowance established by national law, subject to any ceiling laid down under national law. 4. The Member States shall take the necessary measures to ensure that female self-employed workers and female spouses and life partners referred to in Article 2 have access to any existing services supplying temporary replacements or to any existing national social services. The Member States may provide that access to those services is an alternative to or a part of the allowance referred to in paragraph 1 of this Article. Article 9 Defence of rights 1. The Member States shall ensure that judicial or administrative proceedings, including, where Member States consider it appropriate, conciliation procedures, for the enforcement of the obligations under this Directive are available to all persons who consider they have sustained loss or damage as a result of a failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended. 2. The Member States shall ensure that associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that this Directive is complied with may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive. 3. Paragraphs 1 and 2 shall be without prejudice to national rules on time limits for bringing actions relating to the principle of equal treatment. Article 10 Compensation or reparation The Member States shall introduce such measures into their national legal systems as are necessary to ensure real and effective compensation or reparation, as Member States so determine, for the loss or damage sustained by a person as a result of discrimination on grounds of sex, such compensation or reparation being dissuasive and proportionate to the loss or damage suffered. Such compensation or reparation shall not be limited by the fixing of a prior upper limit. Article 11 Equality bodies 1. The Member States shall take the necessary measures to ensure that the body or bodies designated in accordance with Article 20 of Directive 2006/54/EC are also competent for the promotion, analysis, monitoring and support of equal treatment of all persons covered by this Directive without discrimination on grounds of sex. 2. The Member States shall ensure that the tasks of the bodies referred to in paragraph 1 include: (a) providing independent assistance to victims of discrimination in pursuing their complaints of discrimination, without prejudice to the rights of victims and of associations, organisations and other legal entities referred to in Article 9(2); (b) conducting independent surveys on discrimination; (c) publishing independent reports and making recommendations on any issue relating to such discrimination; (d) exchanging, at the appropriate level, the information available with the corresponding European bodies, such as the European Institute for Gender Equality. Article 12 Gender mainstreaming The Member States shall actively take into account the objective of equality between men and women when formulating and implementing laws, regulations, administrative provisions, policies and activities in the areas referred to in this Directive. Article 13 Dissemination of information The Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force, are brought by all appropriate means to the attention of the persons concerned throughout their territory. Article 14 Level of protection The Member States may introduce or maintain provisions which are more favourable to the protection of the principle of equal treatment between men and women than those laid down in this Directive. The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the fields covered by this Directive. Article 15 Reports 1. Member States shall communicate all available information concerning the application of this Directive to the Commission by 5 August 2015. The Commission shall draw up a summary report for submission to the European Parliament and to the Council no later than 5 August 2016. That report should take into account any legal change concerning the duration of maternity leave for employees. Where appropriate, that report shall be accompanied by proposals for amending this Directive. 2. The Commission’s report shall take the viewpoints of the stakeholders into account. Article 16 Implementation 1. The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 5 August 2012 at the latest. They shall forthwith communicate to the Commission the text of those provisions. When the 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. Where justified by particular difficulties, the Member States may, if necessary, have an additional period of two years until 5 August 2014 in order to comply with Article 7, and in order to comply with Article 8 as regards female spouses and life partners referred to in Article 2(b). 3. The 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 17 Repeal Directive 86/613/EEC shall be repealed, with effect from 5 August 2012. References to the repealed Directive shall be construed as references to this Directive. Article 18 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 19 Addressees This Directive is addressed to the Member States. Done at Strasbourg, 7 July 2010 For the European Parliament The President J. BUZEK For the Council The President O. CHASTEL (1) OJ C 228, 22.9.2009, p. 107. (2) Position of the European Parliament of 6 May 2009 (not yet published in the Official Journal), Position of the Council at first reading of 8 March 2010 (OJ C 123 E, 12.5.2010, p. 5), Position of the European Parliament of 18 May 2010. (3) OJ L 359, 19.12.1986, p. 56. (4) OJ C 85, 17.3.1997, p. 186. (5) OJ L 6, 10.1.1979, p. 24. (6) OJ L 204, 26.7.2006, p. 23. (7) OJ L 373, 21.12.2004, p. 37.

Summary: Self-employment — equal treatment between men and women Self-employment — equal treatment between men and women SUMMARY OF: Directive 2010/41/EU on the application of the principle of equal treatment between men and women who are self-employed WHAT IS THE AIM OF THE DIRECTIVE? It puts into effect the principle of equal treatment between self-employed men and women. KEY POINTS The legislation covers all self-employed workers (people pursuing a gainful activity for their own account) and their spouses or life partners. Equal treatment means no discrimination, either directly* or indirectly*, on grounds of gender in the public or private sectors. Harassment*, sexual* or otherwise, is considered to be discrimination on grounds of sex. EU countries may adopt positive action, such as promoting business initiatives among women, to ensure full equality in practice between working men and women. EU countries must ensure: the conditions for establishing a business between spouses or life partners are no more difficult than for other people; spouses and life partners can benefit from national social protection schemes; self-employed female spouses and life partners are granted a sufficient maternity allowance of at least 14 weeks; anyone who considers their equal treatment rights have not been respected can access judicial or administrative proceedings; real and effective compensation or reparation is available for any loss or damage someone might have suffered; the relevant national bodies have the authority to promote, analyse, monitor and support equal treatment of all people covered by the legislation; equal treatment is applied between men and women when drafting and implementing laws, regulations, administrative provisions, policies and activities covered by the legislation; the content of the legislation is made as widely known as possible. EU countries had to provide the European Commission with all the relevant information on implementation of the directive by 5 August 2015. The Commission is to present a report on the basis of the national submissions to the European Parliament and the Council no later than 5 August 2016. The Commission has its own website for female entrepreneurs. FROM WHEN DOES THE DIRECTIVE APPLY? It applies from 4 August 2010. EU countries had to incorporate it into their national law by 5 August 2012. BACKGROUND For more information, see ‘Employment and training’ on the European Commission's website. KEY TERMS * Direct discrimination: where one person is treated less favourably than another because of their gender. * Indirect discrimination: where an apparently neutral rule, criterion or practice puts people of one gender at a particular disadvantage. * Harassment: where unwanted conduct violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. * Sexual harassment: any form of unwanted verbal, non-verbal or physical conduct of a sexual nature. MAIN DOCUMENT Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, pp. 1–6) last update 28.06.2016


7.4.2010 EN Official Journal of the European Union L 87/1 DECISION No 283/2010/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 March 2010 establishing a European Progress Microfinance Facility for employment and social inclusion THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 175(3) thereof, Having regard to the proposal from the European Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions (2), Acting in accordance with the ordinary legislative procedure (3), Whereas: (1) On 7 April 2000 the Commission adopted a communication entitled ‘Acting locally for employment — a local dimension for the European employment strategy’. (2) The Commission communication of 13 November 2007 entitled ‘A European initiative for the development of microcredit in support of growth and employment’ identified four priority areas for action: improving the legal and institutional environment in the Member States, changing the climate in favour of employment and entrepreneurship, promoting best practices and providing additional financial capital for microfinance institutions. As a first step in implementing this agenda, the Commission and the European Investment Bank (EIB) created Jasmine (Joint action to support microfinance institutions in Europe) in 2008 which provides mentoring for non-bank microcredit finance institutions and a financing window for a global amount of EUR 20 million offered by the EIB. (3) The Commission communication of 24 May 2006 entitled ‘Promoting decent work for all — the EU contribution to the implementation of the decent work agenda in the world’ set out the importance of decent work for all as did the European Parliament resolution of 23 May 2007 on promoting decent work for all (4). (4) The leaders’ statement following the G-20 Summit in Pittsburgh on 24 and 25 September 2009 contained a commitment to improving access to financial services for the poor, for example through microfinance. The leaders also committed themselves to launching an international financial inclusion expert group which will identify lessons learned on innovative approaches to providing financial services to the poor, promote successful regulatory and policy approaches and elaborate standards on access to financing, financial literacy, and consumer protection. (5) The European Parliament in its resolution of 24 March 2009 with recommendations to the Commission on a European initiative for the development of microcredits in support of growth and employment requested that the Commission strengthen its efforts to develop microcredits in support of growth and employment. Furthermore, the European Parliament approved an additional EUR 4 million of support for a pilot action to be implemented in the context of the Jasmine framework. The European Parliament also called on the Commission to co-finance projects for microcredits in particular for disadvantaged target groups. (6) The ongoing efforts of the Union and of the Member States need to be strengthened to increase the access to, and availability of, microfinance to a sufficient scale and within a reasonable time-frame so as to address the high demand of those who need it most in this period of crisis — that is, those who have lost their job, those at risk of losing their job or who have difficulties entering or re-entering the labour market, as well as those who are facing the threat of social exclusion or vulnerable people who are in a disadvantaged position with regard to access to the conventional credit market and who want to start or further develop their own micro-enterprise, including self-employment — whilst actively promoting equal opportunities for women and men. (7) The Commission communication of 3 June 2009 entitled ‘A shared commitment for employment’ underlined the need to offer a new chance to unemployed persons and open the road to entrepreneurship for some of Europe’s most disadvantaged groups who have difficulty in accessing the conventional credit market. In addition to existing instruments, specific action is needed to further strengthen economic and social cohesion by reinforcing activities undertaken by the EIB and the European Investment Fund (EIF) and other international financial institutions without prejudice to the activities of the Member States. The Commission therefore announced a proposal for a new EU-wide microfinance facility (hereinafter the Facility) to extend the outreach of microfinance to particular at-risk groups and to further support the development of entrepreneurship, the social economy and micro-enterprises. In order for the Facility to be effective, to have a long-lasting impact, to reach the potential beneficiaries and to serve as a proactive element for both economic and local development policies, Member States can establish a national contact point to promote, coordinate, assess and monitor all the actions taken under the Facility in their respective territories. (8) An increasing amount of microfinance to vulnerable people who are in a disadvantaged position with regard to access to the conventional credit market in the European Union is provided by non-commercial microfinance institutions, credit unions and banks implementing corporate social responsibility. The Facility should help these providers, which supplement the commercial banking market, by increasing the availability of microfinance to meet the current levels of demand. (9) In many cases the providers of microfinance in the European Union are commercial banks and should become important partners in the Facility, with a view to re-establishing trust in the credit market and with a focus mainly on customers with no credit standing. (10) Public and private bodies providing microfinance under this Decision should comply with principles of responsible lending and thereby avoid, in particular, over-indebtedness of persons and undertakings. (11) In addition to the difficulty of gaining access to finance, social exclusion and the uncertainties of the transition from unemployment or social welfare to self-employment are among the main obstacles to setting up and developing micro-enterprises. European microfinancing instruments can help to support the structures of the social economy which assist people who are excluded with social reintegration and which help them to develop the minimum skills required in order to undertake a lasting business project. (12) Using Union resources is appropriate and responds to the abovementioned resolution of the European Parliament of 24 March 2009. Furthermore, a single EU-wide facility will concentrate leverage from international financial institutions and avoid a dispersed approach thus increasing microfinance supply in all Member States. In order to capitalise on the experience of international financial institutions and in particular the EIB and the EIF, the Facility should be established on the basis of joint management. (13) The actions financed by the Facility should be coherent and compatible with other Union policies and comply with the provisions of the Treaty and of acts adopted under it. The activities of the Facility should be complementary to other Union interventions, in particular the Competitiveness and Innovation Framework Programme (CIP) financial instruments, Jasmine, European Agricultural Fund for Rural Development (EAFRD), European Regional Development Fund (ERDF), Jeremie (Joint European resources for micro to medium enterprises initiative) and the European Social Fund (ESF). (14) For the purposes of this Decision, ‘microfinance’ should include guarantees, microcredit, equity and quasi-equity extended to persons and micro-enterprises covered by this Decision, microcredit being defined as loans under EUR 25 000. The Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (5) defines a ‘micro-enterprise’ as an enterprise employing less than 10 people, including self-employment, and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million, which should be an appropriate definition for the purposes of this Decision. (15) For the purposes of this Decision and in line with national provisions, ‘micro-enterprise in the social economy’ should mean a micro-enterprise which produces goods and services with a clear social mission or which provides services to members of the community with a non-profit purpose. (16) The Facility should be implemented through an appropriate range of actions that include risk-sharing, guarantees, equity and debt instruments offered by international financial institutions to providers of microfinance. In order to increase its effectiveness, the Facility should be coordinated and implemented consistently with European and national financial instruments and national financial institutions, HAVE ADOPTED THIS DECISION: Article 1 Establishment A European microfinance facility for employment and social inclusion, called the European Progress Microfinance Facility (hereinafter the Facility), is hereby established. Article 2 Objective 1. The Facility shall provide Union resources to increase access to, and availability of, microfinance for: (a) persons who have lost or are at risk of losing their job, or who have difficulties entering or re-entering the labour market, as well as persons who are facing the threat of social exclusion or vulnerable persons who are in a disadvantaged position with regard to access to the conventional credit market and who want to start or further develop their own micro-enterprise, including self-employment; (b) micro-enterprises, especially in the social economy, as well as micro-enterprises which employ persons referred to in point (a). 2. The Facility shall provide Union resources for access to microfinance, and actively promote equal opportunities for women and men. Article 3 Budget 1. The financial contribution from the Union budget for the Facility for the period from 1 January 2010 to 31 December 2013 shall be EUR 100 million. 2. The annual appropriations shall be decided during the annual budgetary procedure, including, if necessary, by application of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (6), or by other means provided for in that Agreement. 3. The total budget for support measures referred to in point (d) of Article 4(1) shall not exceed 1 % of the budget of the Facility set out in paragraph 1 of this Article. 4. The financial contribution shall cover the full cost of the Facility, including management fees for international financial institutions referred to in Article 5(2) managing the Union contribution as well as any other eligible costs. Article 4 Eligible actions and beneficiaries 1. The Facility shall be implemented by using the following types of actions, as appropriate: (a) guarantees and risk-sharing instruments; (b) equity instruments; (c) debt instruments; (d) support measures, such as communication activities, monitoring, control, audit and evaluation which are directly necessary for the effective and efficient implementation of this Decision and for the achievement of its objectives. 2. The Facility shall be open to public and private bodies established on national, regional and local levels in the Member States which provide microfinance to persons and micro-enterprises in the Member States. 3. In order to reach the final beneficiaries and to create competitive and viable micro-enterprises, the public and private bodies referred to in paragraph 2 shall cooperate closely with organisations engaged in representing the interests of the final beneficiaries of microcredit and with organisations, in particular those supported by the ESF, who provide mentoring and training programmes to those final beneficiaries. Article 5 Management 1. The Commission shall manage the Facility in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7). 2. To implement the actions referred to in Article 4(1), with the exception of the support measures referred to in point (d) of Article 4(1), the Commission shall conclude agreements with international financial institutions, in particular with the EIB and the EIF, in accordance with Article 53d of Regulation (EC, Euratom) No 1605/2002 and Article 43 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (8). Those agreements shall contain detailed provisions for the implementation of the tasks entrusted to those financial institutions, including provisions specifying the need to ensure additionality and coordination with existing European and national financial instruments, and to promote a comprehensive and balanced coverage between the Member States. 3. In order to meet the objective set out in Article 2 and implement the actions set out in Article 4, the agreements referred to in paragraph 2 of this Article shall, furthermore, include an obligation on the part of the international financial institutions to re-invest the resources and proceeds, including dividends and reimbursements, in actions referred to under points (a), (b) or (c) of Article 4(1) for a period of six years after the starting date of the Facility. 4. Upon closure of the Facility, the remaining balance due to the European Union shall be repaid to the general budget of the European Union. 5. The international financial institutions referred to in paragraph 2 of this Article shall conclude written agreements with the public and private providers of microfinance referred to in Article 4(2) laying down their obligations to use the resources made available from the Facility in accordance with the objectives set out in Article 2 and to provide information for the establishment of the annual reports referred to in Article 8(1). 6. The budget for support measures referred to in point (d) of Article 4(1) shall be managed by the Commission. Article 6 Compliance Actions financed by the Facility shall comply with the provisions of the Treaty and of acts adopted under it. Article 7 Protection of the Union’s financial interests 1. The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Union are protected by the application of measures to prevent fraud, corruption and any other illegal activities, by effective checks and by the recovery of amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (9), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (10), and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (11). 2. For the Union actions financed under this Decision, OLAF has the power to carry out investigations on the basis of Regulation (EC, Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96, which shall apply to any infringement of a provision of Union law, including infringements of a contractual obligation stipulated on the basis of the Facility, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by it, by an unjustified item of expenditure. 3. All implementing measures resulting from this Decision shall include a reference to paragraphs 1 and 2 of this Article and provide, in particular, for supervision and financial control by the Commission or any representative authorised by it, and by audits by the European Court of Auditors, including, if necessary, on-the-spot audits. Article 8 Annual report 1. The international financial institutions referred to in Article 5(2) shall transmit to the Commission annual implementation reports setting out the supported activities in terms of financial implementation, distribution and accessibility of funding with regard to sectors and type of beneficiaries, applications accepted or rejected, contracts concluded, actions funded and results. 2. No later than 8 April 2011 and each year thereafter, the Commission shall present to the European Parliament and to the Council a quantitative and qualitative annual report on the activities undertaken under this Decision in the previous year. The annual report shall be based on the implementation reports referred to in paragraph 1. It shall, in particular, contain information relating to applications adopted or rejected, contracts concluded, actions funded, the total number and type of beneficiaries and the distribution of amounts geographically and per sector. The annual report shall moreover contain information on the impact and sustainability of the Facility expressed by the total number of persons and micro-enterprises which are still employed or in business at the end of the period of support provided to them through the Facility. Finally the annual report will include information on complementarity with other Union interventions, notably the ESF. 3. Following the presentation of the third annual report and on the basis of a proposal by the Commission, the European Parliament and the Council may review this Decision. 4. The annual report referred in paragraph 2 will be transmitted, for information, to the European Economic and Social Committee and the Committee of the Regions. 5. Based on the annual report referred to in paragraph 2 of this Article, the Commission shall make efforts to ensure that the Facility meets the objective set out in Article 2 and is accessible across the European Union to those who are at risk of social exclusion or who are finding it difficult to access the conventional credit market. Article 9 Evaluation 1. The Commission shall carry out interim and final evaluations at its own initiative and in close cooperation with the international financial institutions referred to in Article 5(2). The interim evaluation shall be completed four years after the start of the Facility and the final evaluation at the latest one year after the end of the mandate(s) given to the international financial institutions referred to in Article 5(2). The final evaluation shall, in particular, examine the extent to which the Facility as a whole has achieved its objectives. 2. The results of the evaluations will be transmitted, for information, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Article 10 Entry into force This Decision shall enter into force on the day following its publication in the Official Journal of the European Union. Done at Brussels, 25 March 2010. For the European Parliament The President J. BUZEK For the Council The President D. LÓPEZ GARRIDO (1) OJ C 318, 23.12.2009, p. 80. (2) Opinion delivered on 7 October 2009 (not yet published in the Official Journal). (3) Position of the European Parliament of 15 December 2009 (not yet published in the Official Journal) and decision of the Council of 8 March 2010. (4) OJ C 102 E, 24.4.2008, p. 321. (5) OJ L 124, 20.5.2003, p. 36. (6) OJ C 139, 14.6.2006, p. 1. (7) OJ L 248, 16.9.2002, p. 1. (8) OJ L 357, 31.12.2002, p. 1. (9) OJ L 312, 23.12.1995, p. 1. (10) OJ L 292, 15.11.1996, p. 2. (11) OJ L 136, 31.5.1999, p. 1.

Summary: Programmes encouraging the development of microfinance in the EU Programmes encouraging the development of microfinance in the EU SUMMARY OF: Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion Regulation (EU) No 1296/2013 on an EU Programme for Employment and Social Innovation (‘EaSI’) and amending Decision No 283/2010/EU WHAT IS THE AIM OF THE DECISION AND THE REGULATION? Decision No 283/2010/EU establishes a European Progress Microfinance Facility for employment and social inclusion. Regulation (EU) No 1296/2013 establishes the EU programme for employment and social innovation (EaSI) which aims to: deliver sustainable and long-term growth and jobs;reduce divergence between EU countries; andhelp to reduce social inequality. The regulation also amends Decision No 283/2010/EU requiring the balance due to the EU upon the expiry of the facility to be made available for microfinance* and support for social enterprises*. KEY POINTS Under the decision, the facility, which had a budget of €100 million over 4 years (2010-2013), was designed to make microfinance more easily accessible to the following target groups: the unemployed, people at risk of losing their jobs, the non-working population, people facing the threat of social exclusion and vulnerable people who wish to create or expand their own microenterprise*; microenterprises, especially those employing the people listed under the previous point. For the 2014-2020 period, under Regulation (EU) No 1296/2013, this initiative was included in the microfinance and social entrepreneurship strand of the EU EaSI programme that has taken over from the Progress Microfinance instrument. Regulation (EU, EURATOM) 2018/1046 on the financial rules governing the EU budget updated the indicative percentage applicable on average over the whole period of the programme to the 3 axes*. As a result, at least 18% of the total budget should be used for microfinance and social entrepreneurship. Not only does EaSI allow target populations and enterprises to access microfinance more easily, but it also aims to: build up the institutional capacity of microcredit providers; facilitate access to financing for social enterprises with a turnover or annual balance sheet of no more than €30 million, by providing them with equity, quasi-equity, lending instruments and grants up to a limit of €500,000. Provided that they grant microfinance to people and microenterprises or financing to social enterprises, the microfinance and social entrepreneurship strand can be accessed by public and private bodies established in the EU countries, Iceland, Albania, Montenegro, North Macedonia, Serbia and Turkey. EU support is mainly through the financial instruments provided for in the EU’s financial regulation (Regulation (EU) 2018/1046) which, among other things, amends Regulation (EU) No 1296/2013 and updates and simplifies the rules applicable to the EU’s general budget. FROM WHEN DO THE DECISION AND REGULATION APPLY? The decision has applied since 8 April 2010. The regulation has applied since 21 December 2013. BACKGROUND For more information, see: EU Programme for Employment and Social Innovation (European Commission) EU Programme for Employment and Social Innovation (EaSI) (European Commission) EU microfinance support (European Commission). KEY TERMS Microfinance: loans of less than €25,000 issued mainly to small businesses and social entrepreneurs. Social enterprise: an operator in the social economy whose main objective is to have a social impact rather than make a profit for their owners or shareholders. Microenterprise: a business with fewer than 10 employees and an annual turnover (the amount of money taken in a particular period) or balance sheet (a statement of a company’s assets and liabilities) below €2 million. Axes: the EaSI programme comprises 3 axes. They support:the modernisation of employment and social policies (the Progress axis);job mobility with (the EURES axis);access to micro-finance and social entrepreneurship (the Microfinance and social entrepreneurship axis). MAIN DOCUMENTS Decision No 283/2010/EU of the European Parliament and of the Council of 25 March 2010 establishing a European Progress Microfinance Facility for employment and social inclusion (OJ L 87, 7.4.2010, pp. 1-5) Successive amendments to Decision No 283/2010/EU have been incorporated into the original text. This consolidated version is of documentary value only. Regulation (EU) No 1296/2013 of the European Parliament and of the Council of 11 December 2013 on a European Union Programme for Employment and Social Innovation (‘EaSI’) and amending Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion (OJ L 347, 20.12.2013, pp. 238-252) See consolidated version. RELATED DOCUMENTS Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, pp. 1-222) last update 21.02.2020