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Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (Text with EEA relevance)
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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information(1), and in particular Articles 4(4), 5(3) and 8 thereof
Whereas:
(1) Regulation (EC) No 715/2007 is one of the separate regulatory acts under the type-approval procedure laid down by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(2).
(2) Regulation (EC) No 715/2007 requires new light-duty vehicles to comply with new emission limits and makes additional requirements on access to information. The technical requirements take effect in two stages, Euro 5 starting from 1 September 2009 and Euro 6 from 1 September 2014. The specific technical provisions necessary to implement that Regulation should be adopted. Therefore, the present Regulation aims at setting the requirements necessary for the type-approval of Euro 5 and 6 specification vehicles.
(3) Article 5 of Regulation (EC) No 715/2007 provides for specific technical requirements relating to the control of emissions from vehicles to be set in its implementing legislation. Therefore, it is appropriate to adopt such requirements.
(4) Following the adoption of the main requirements for type approval in Regulation (EC) No 715/2007, it is necessary to establish administrative provisions for EC type-approval of light duty vehicles. These administrative requirements include provisions for conformity of production and in-service conformity to ensure continued good performance of production vehicles.
(5) In accordance with Article 11 of Regulation (EC) No 715/2007, it is necessary to establish requirements for type approval of replacement pollution control devices so as to ensure that they function correctly.
(6) In accordance with Articles 6 and 7 of Regulation (EC) No 715/2007, it is also necessary to establish requirements to ensure that vehicle on board diagnostic (OBD) and vehicle repair and maintenance information is readily accessible, so as to ensure that independent operators have access to such information.
(7) In accordance with Regulation (EC) No 715/2007, the measures provided for in this Regulation regarding access to vehicle repair and maintenance information, information for diagnostic tools and the compatibility of replacement parts with vehicle OBD systems, should not be restricted to emissions-related components and systems but cover all aspects of a vehicle subject to type-approval within the scope of this Regulation.
(8) As provided by Article 14(2) of Regulation (EC) No 715/2007, recalibrated limit values for particulate mass and new limit values for number of particles emitted are introduced.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles established by Article 40 of 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)(3).
(10) A Forum should be established to examine any concerns raised regarding the implementation of section 2.2 of Annex XIV, concerning access information relating to vehicle security features. The information exchange in the Forum should help to reduce the risk of misuse of vehicle security information. Due to the sensitivity of the subject matter it might be necessary to keep discussions and findings of the Forum confidential.
HAS ADOPTED THIS REGULATION:
OJ L 42, 23.2.1970, p. 1 Directive as last amended by Regulation (EC) No 715/2007
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