Regulation (EC) No 79/2009 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC (Text with EEA relevance)

Article 1U.K.Subject matter

This Regulation establishes requirements for the type-approval of motor vehicles with regard to hydrogen propulsion and for the type-approval of hydrogen components and hydrogen systems. This Regulation also establishes requirements for the installation of such components and systems.

Article 2U.K.Scope

This Regulation shall apply to:

1.

hydrogen-powered vehicles of categories M and N, as defined in [F1Article 4 of Regulation (EU) 2018/858], including impact protection and the electric safety of such vehicles;

2.

hydrogen components designed for motor vehicles of categories M and N, as listed in Annex I;

3.

hydrogen systems designed for motor vehicles of categories M and N, including new forms of hydrogen storage or usage.

Textual Amendments

Article 3U.K.Definitions

1.For the purposes of this Regulation, the following definitions shall apply:

(a)‘hydrogen-powered vehicle’ means any motor vehicle that uses hydrogen as fuel to propel the vehicle;

(b)‘propulsion system’ means the internal combustion engine or fuel cell system used to propel the vehicle;

(c)‘hydrogen component’ means the hydrogen container and all other parts of the hydrogen-powered vehicle that are in direct contact with hydrogen or which form part of a hydrogen system;

(d)‘hydrogen system’ means an assembly of hydrogen components and connecting parts fitted on hydrogen-powered vehicles, excluding the propulsion systems or auxiliary power units;

(e)‘maximum allowable working pressure’ (MAWP) means the maximum pressure to which a component is designed to be subjected to and which is the basis for determining the strength of the component under consideration;

(f)‘nominal working pressure’ (NWP) means, as regards containers, the settled pressure at a uniform temperature of 288K (15 °C) for a full container, or as regards other components, the pressure level at which a component typically operates;

(g)‘inner tank’ means the part of the hydrogen container designed to use liquid hydrogen that contains the cryogenic hydrogen.

2.For the purposes of paragraph 1(d), ‘hydrogen systems’ shall include, inter alia, the following:

(a)usage monitoring and control systems;

(b)vehicle interface systems;

(c)excess flow systems;

(d)overpressure protection systems;

(e)heat exchanger failure detection systems.

Article 4U.K.Obligations of manufacturers

1.Manufacturers shall demonstrate that all new hydrogen-powered vehicles sold, registered or put into service [F2with Great Britain] and all hydrogen components or hydrogen systems sold or put into service [F2with Great Britain] are type-approved in accordance with this Regulation [F3and Commission Regulation (EU) No 406/2010].

2.For the purposes of vehicle type-approval, manufacturers shall equip hydrogen-powered vehicles with hydrogen components and systems that comply with the requirements of this Regulation and its implementing measures and are installed in accordance with this Regulation [F4and Commission Regulation (EU) 406/2010].

3.For the purposes of the type-approval of components and systems, manufacturers shall ensure that hydrogen components and systems comply with the requirements of this Regulation [F5and Commission Regulation (EU) 406/2010].

4.Manufacturers shall provide the approval [F6authority] with appropriate information concerning the vehicle specifications and test conditions.

5.Manufacturers shall provide information for the purposes of inspection of hydrogen components and systems during the service life of the vehicle.

Textual Amendments

Article 5U.K.General requirements for hydrogen components and systems

Manufacturers shall ensure that:

(a)

hydrogen components and systems function in a correct and safe way and reliably withstand electrical, mechanical, thermal and chemical operating conditions without leaking or visibly deforming;

(b)

hydrogen systems are protected against over-pressurisation;

(c)

the materials used for those parts of the hydrogen components and systems which are to be in direct contact with hydrogen are compatible with hydrogen;

(d)

hydrogen components and systems reliably withstand expected temperatures and pressures during their expected lifetime;

(e)

hydrogen components and systems reliably withstand the range of operating temperatures laid down in the implementing measures;

(f)

hydrogen components are marked in accordance with the implementing measures;

(g)

hydrogen components with directional flow have the flow direction clearly indicated;

(h)

hydrogen components and systems are designed in such a way that they can be installed in accordance with the requirements of Annex VI.

Article 6U.K.Requirements for hydrogen containers designed to use liquid hydrogen

Hydrogen containers designed to use liquid hydrogen shall be tested in accordance with the test procedures set out in Annex II.

Article 7U.K.Requirements for hydrogen components, other than containers, designed to use liquid hydrogen

1.Hydrogen components, other than containers, designed to use liquid hydrogen shall be tested in accordance with the test procedures set out in Annex III with regard to their type.

2.Pressure relief devices shall be designed so as to ensure that the pressure in the inner tank or in any other hydrogen component does not exceed a permissible value. The values shall be set in proportion to the maximum allowable working pressure (MAWP) of the hydrogen system. A safety system for heat exchangers shall be provided for the detection of their failure.

Article 8U.K.Requirements for hydrogen containers designed to use compressed (gaseous) hydrogen

1.Hydrogen containers designed to use compressed (gaseous) hydrogen shall be classified in accordance with point 1 of Annex IV.

2.The containers referred to in paragraph 1 shall be tested in accordance with the test procedures set out in Annex IV with regard to their type.

3.A detailed description of all principal properties of the material and tolerances used in the design of the container shall be provided, including the results of tests to which the material has been subjected.

Article 9U.K.Requirements for hydrogen components, other than containers, designed to use compressed (gaseous) hydrogen

Hydrogen components, other than containers, designed to use compressed (gaseous) hydrogen shall be tested in accordance with the test procedures set out in Annex V with regard to their type.

Article 10U.K.General requirements for the installation of hydrogen components and systems

Hydrogen components and systems shall be installed in accordance with the requirements of Annex VI.

Article 11U.K.Timetable for application

1.With effect from 24 February 2011, [F7the approval authority] shall refuse to grant:

(a)[F8GB type-approval] F9... in respect of new types of vehicle on grounds relating to hydrogen propulsion, where such vehicle does not comply with the requirements of this Regulation or of [F10Commission Regulation (EU) No 406/2010]; and

(b)[F8GB type-approval] in respect of new types of hydrogen component or system, where such component or system does not comply with the requirements of this Regulation or of [F10Commission Regulation (EU) No 406/2010].

2.With effect from 24 February 2012, [F11the Secretary of State] shall:

(a)on grounds relating to hydrogen propulsion, consider certificates of conformity for new vehicles to be no longer valid for the purposes of [F12Article 48 of Regulation (EU) 2018/858], and prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with the requirements of this Regulation or of [F13Commission Regulation (EU) No 406/2010]; and

(b)prohibit the sale and entry into service of new hydrogen components or systems, where such components or systems do not comply with the requirements of this Regulation or of [F13Commission Regulation (EU) No 406/2010].

3.Without prejudice to paragraphs 1 and 2, and subject to the entry into force of implementing measures adopted pursuant to Article 12(1), if a manufacturer so requests, [F14the Secretary of State] shall not:

(a)on grounds relating to hydrogen propulsion, refuse to grant [F15GB type-approval] F16... for new types of vehicle, or [F15GB type-approval] for new types of hydrogen component or system, where such vehicle, component or system complies with the requirements of this Regulation and [F17Commission Regulation (EU) No 406/2010]; or

(b)prohibit the registration, sale and entry into service of new vehicles or the sale and entry into service of new hydrogen components or systems, where such vehicles, components or systems comply with the requirements of this Regulation and [F17Commission Regulation (EU) No 406/2010].

Textual Amendments

[F18Article 12U.K. Delegated powers

[F19The Secretary of State may by regulations] supplement this Regulation in the light of technical progress by establishing:

(a)

detailed rules for the test procedures set out in Annexes II to V;

(b)

detailed rules concerning the requirements for the installation of hydrogen components and systems set out in Annex VI;

(c)

detailed rules concerning the requirements for the safe and reliable functioning of hydrogen components and systems set out in Article 5;

(d)

specifications for requirements relating to any of the following:

(i)

the use of pure hydrogen or a mixture of hydrogen and natural gas/biomethane;

(ii)

new forms of hydrogen storage or usage;

(iii)

the impact protection of vehicles with regard to the integrity of hydrogen components and systems;

(iv)

integrated system safety requirements, covering at least the detection of leakage and requirements relating to purge gas;

(v)

electrical isolation and electric safety;

(e)

administrative provisions for the F20... type-approval of vehicles, with regard to hydrogen propulsion, and hydrogen components and systems;

(f)

rules on the information to be provided by manufacturers for the purposes of the type-approval and inspection referred to in Article 4(4) and (5);

(g)

detailed rules for the labelling or other means of clear and rapid identification of hydrogen-powered vehicles referred to in point 16 of Annex VI; and

(h)

other measures necessary for the application of this Regulation.]

Textual Amendments

[F21Article 12aU.K. Regulations

1.Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument.

2.Such regulations may—

(a)make incidental, supplemental, consequential or transitional provision, and

(b)make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas.

3.Regulations to which paragraph 4 applies may not be made unless the Secretary of State has consulted with such representative organisations as the Secretary of State thinks fit.

4.This paragraph applies to regulations made under Article 12, except those made under paragraphs (a), (b) and (f) of that Article.

5.A statutory instrument containing regulations made under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F22Article 13U.K. [F22Committee procedure]

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Textual Amendments

Article 14U.K.Amendments to Directive 2007/46/EC

Annexes IV, VI and XI to Directive 2007/46/EC shall be amended in accordance with Annex VII to this Regulation.

F23Article 15U.K.Penalties for non-compliance

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Textual Amendments

Article 16U.K.Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 24 February 2011, with the exception of Article 11(3) and Article 12, which shall apply from the date of entry into force of this Regulation, and Article 11(2), which shall apply from the date set out therein.

F24...

Textual Amendments

F24Words in Signature omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 52(8)