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CHAPTER IIU.K.MANUFACTURERS’ TYPE-APPROVAL OBLIGATIONS

Article 4U.K.Manufacturers’ obligations

1.Manufacturers shall demonstrate that all new vehicles sold, registered or put into service in the Community are type approved in accordance with this Regulation and its implementing measures. Manufacturers shall also demonstrate that all new replacement pollution control devices requiring type approval which are sold or put into service in the Community are type approved in accordance with this Regulation and its implementing measures.

These obligations include meeting the emission limits set out in Annex I and the implementing measures referred to in Article 5.

2.Manufacturers shall ensure that type approval procedures for verifying conformity of production, durability of pollution control devices and in-service conformity are met.

In addition, the technical measures taken by the manufacturer must be such as to ensure that the tailpipe and evaporative emissions are effectively limited, pursuant to this Regulation, throughout the normal life of the vehicles under normal conditions of use. Therefore, in-service conformity measures shall be checked for a period of up to five years or 100 000 km, whichever is the sooner. Durability testing of pollution control devices undertaken for type approval shall cover 160 000 km. To comply with this durability test, the manufacturers should have the possibility to make use of test bench ageing, subject to the implementing measures referred to in paragraph 4.

In-service conformity shall be checked, in particular, for tailpipe emissions as tested against emission limits set out in Annex I. In order to improve control of evaporative emissions and low ambient temperature emissions, the test procedures shall be reviewed by the Commission.

3.Manufacturers shall set out carbon dioxide emissions and fuel consumption figures in a document given to the purchaser of the vehicle at the time of purchase.

4.The specific procedures and requirements for the implementation of paragraphs 2 and 3 shall be established in accordance with the procedure referred to in Article 15(2).

Article 5U.K.Requirements and tests

1.The manufacturer shall equip vehicles so that the components likely to affect emissions are designed, constructed and assembled so as to enable the vehicle, in normal use, to comply with this Regulation and its implementing measures.

2.The use of defeat devices that reduce the effectiveness of emission control systems shall be prohibited. The prohibition shall not apply where:

(a)the need for the device is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle;

(b)the device does not function beyond the requirements of engine starting;

or

(c)the conditions are substantially included in the test procedures for verifying evaporative emissions and average tailpipe emissions.

3.The specific procedures, tests and requirements for type approval set out in this paragraph, as well as requirements for the implementation of paragraph 2, which are designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3). This shall include establishing the requirements relating to:

(a)tailpipe emissions, including test cycles, low ambient temperature emissions, emissions at idling speed, smoke opacity and correct functioning and regeneration of after-treatment systems;

(b)evaporative emissions and crankcase emissions;

(c)OBD systems and in-use performance of pollution control devices;

(d)durability of pollution control devices, replacement pollution control devices, in-service conformity, conformity of production and roadworthiness;

(e)measurement of greenhouse gas emissions and fuel consumption;

(f)hybrid vehicles and alternative fuel vehicles;

(g)extension of type approvals and requirements for small volume manufacturers;

(h)test equipment;

[F1and]

(i)reference fuels, such as petrol, diesel, gaseous fuels and biofuels, such as bioethanol, biodiesel and biogas[F2;]

[F3(j) measurement of engine power.]

The above requirements shall, where relevant, apply to vehicles regardless of the type of fuel by which they are powered.