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THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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)(1), and in particular Article 39(3) thereof,
Whereas:
(1) Directive 2007/46/EC establishes a harmonised framework containing the administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. In particular it includes a list of all regulatory acts which lay down the technical requirements with which vehicles have to comply in order to be granted EC vehicle type-approval. It also includes the various models of the type-approval certificates.
(2) As a result of the effects of the globalisation on the automotive sector, the demand for vehicles built outside the Union is growing significantly. The Member States have put in place administrative procedures and technical requirements under national law for the approval of vehicles imported from third countries. As the procedures and requirements differ from one Member State to the other, this situation creates distortion in the functioning of the internal market. It is therefore necessary to lay down appropriate harmonised measures.
(3) Harmonised administrative and technical provisions regarding individual approvals should be laid down in a first step with respect to vehicles produced in large series in or for third countries.
(4) Article 24 of Directive 2007/46/EC allows Member States to waive certain provisions of that Directive as well as of the regulatory acts listed in Annex IV to that Directive for the purposes of approval of individual vehicles. The proper functioning of the internal market requires however that similar technical and administrative requirements apply throughout the Union. It is therefore necessary to lay down which provisions of Union law may be waived.
(5) Article 24 allows Member States to impose alternative requirements to European law which aim to ensure a level of road safety and environmental protection which is equivalent to the greatest extent practicable to the level set out in Annexes IV and VI to Directive 2007/46/EC. Assuming that vehicles produced in series for third countries with a view to being put into service into domestic markets are built in accordance with the technical legislation in force in the respective countries of origin or destination, it is appropriate to take into account such requirements as well as the work in progress in the ‘World Forum for Harmonization of Vehicle Regulations (WP.29)’ under the auspices of the Economic Commission for Europe of the United Nations in Geneva. The appropriate information and the necessary expertise is available in order to demonstrate that those requirements could ensure a level of road safety and environmental protection which is at least equivalent to the level of road safety and environmental protection required in the Union. It is therefore appropriate to consider as equivalent a number of requirements in force in third countries for the purpose of individual approval.
(6) The templates of the certificates issued by the approval authorities are described in Annex VI to Directive 2007/46/EC. However they concern approvals granted for a type of vehicle and not approvals granted for individual vehicles. In order to facilitate the mutual recognition of those individual approvals granted under Article 24 of that Directive, it is appropriate to provide the model to be used for the individual approval certificate.
(7) Member States have national individual approval schemes in place at the time of the adoption of this Regulation for vehicles produced in large series and originally intended for registration in third countries. Those approval schemes may continue to apply. According to Article 24(6) of Directive 2007/46/EC, their validity is restricted to the territory of the Member State that granted the approval and other Member States may refuse such approvals.
(8) It is appropriate with a view to ensuring the proper operation of the approval system to update the annexes to Directive 2007/46/EC in order to lay down technical requirements for vehicles to be approved under the individual approval procedure.
(9) Annexes IV and VI to Directive 2007/46/EC should therefore be amended accordingly.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles,
HAS ADOPTED THIS REGULATION:
Annexes IV and VI to Directive 2007/46/EC are amended in accordance with the Annex to this Regulation.
The requirements of this Regulation are without prejudice to the requirements laid down in Article 24 of Directive 2007/46/EC on individual approvals, in particular the possibility for Member States to grant individual approvals provided that they impose alternative requirements.
This Regulation shall enter into force on 26 February 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 February 2011.
For the Commission
The President
José Manuel Barroso
the title ‘Appendix’ is replaced by the title ‘Appendix 1’;
the following Appendix 2 is added:
A vehicle is deemed to be new where:
it has never been registered previously; or
it has been registered for less than 6 months at the time of the application for individual approval.
A vehicle shall be considered registered where it has obtained a permanent, temporary or short-term administrative authorisation for entry into service in road traffic, involving its identification and the issuing of a registration number(15).
Vehicles shall be categorised according to the criteria set out in Annex II.
For such purposes:
the actual number of seating positions shall be taken into consideration; and
the technically maximum permissible laden mass shall be the maximum mass stated by the manufacturer in the country of origin and available in his official documentation.
Where it is not possible to easily determine the vehicle category because of the design of the bodywork, the conditions set out in Annex II shall apply.
The applicant shall submit an application to the approval authority accompanied by all relevant documentation necessary for the operation of the approval process.
Where the submitted documentation is incomplete, falsified or forged the application for approval shall be rejected.
Only one application for a particular vehicle may be submitted in only one Member State.
By a particular vehicle, it shall be understood a physical vehicle the vehicle identification number of which is clearly identified.
For the application of this point, the approval authority may require that the applicant commits himself in writing that he will submit only one application in one Member State.
However, any applicant may apply for individual approval in another Member States in respect of a vehicle that has technical characteristics identical or similar to the one that has been granted an individual approval.
The model of the application form and the layout of the file shall be laid down by the approval authority.
Particulars may only consist in an appropriate selection of the information included in Annex I.
The technical requirements to be satisfied are those laid down in Section 4 of this Appendix.
They shall be those applicable to new vehicles belonging to a vehicle type currently in production, in relation to the date of the submission of the application.
With respect to certain tests required in some regulatory acts listed in this Annex, the applicant shall supply a statement of compliance with recognised international standards or regulations. The statement in question may only be issued by the vehicle manufacturer.
“Statement of compliance” shall mean a statement issued by the office or department within the manufacturer’s organisation which is duly authorised by the management to fully engage the legal responsibility of the manufacturer with respect to the design and the construction of a vehicle.
The regulatory acts for which such a statement has to be supplied shall be those referred to in Section 4 of this Appendix.
Where a statement gives rise to uncertainty, the applicant may be required to obtain from the manufacturer a conclusive piece of evidence, including a test report, in order to corroborate the manufacturer’s statement.
The technical services entrusted with individual approvals shall be of category A as referred to in Article 41(3).
By way of derogation from the second subparagraph of Article 41(4), technical services shall comply with the following standards:
EN ISO/IEC 17025:2005 when they perform tests themselves;
EN ISO/IEC 17020:2004 when they check compliance of the vehicle with the requirements included in this Appendix.
Where specific tests requiring specific skills have to be conducted at the request of the applicant, they shall be conducted by one of the technical services notified to the Commission at the choice of the applicant.
For example, where a frontal impact test has to be conducted in agreement with the applicant in a Member State “A”, the test may be conducted by a notified technical service in a Member State “B”.
Test reports shall be drafted in accordance with Section 5.10.2 of Standard EN ISO/IEC 17025:2005.
They shall be drafted in one of the languages of the Union determined by the approval authority.
Where in application of point 1.3(c) a test report has been established in a Member State other than the one entrusted with the individual approval, the approval authority may require that the applicant submits a true translation of the test report.
They shall include a description of the vehicle tested including unambiguous identification. The parts which play a significant role with regard to the results of the tests shall be described and their identification number reported.
Examples of parts include the silencers for noise measurement and the engine management system (ECU) for the measurement of tailpipe emissions.
At the request of an applicant, a test report delivered for a system related to a particular vehicle may be presented repeatedly either by the same or another applicant for the purposes of individual approval of another vehicle.
In such a case the approval authority shall ensure that the technical characteristics of the vehicle are properly inspected against the test report.
Inspection of the vehicle and the documentation accompanying the test report shall lead to the conclusion that the vehicle for which an individual approval is sought has the same characteristics as the vehicle described in the report.
Only authenticated copies of a test report may be submitted.
Test reports referred to in point 1.4(d) do not include the reports drawn up in order to grant the vehicle individual approval.
No exemption to this principle shall be permitted.
Article 12 relating to conformity of production arrangements;
Articles 8, 9, 13, 14 and 18 relating to vehicle type-approval procedure.
The list of the technical requirements included in Section 4 will be regularly reviewed in order to take account of the results of the harmonisation work in progress at the World Forum for Harmonization of Vehicle Regulations (WP.29) in Geneva and legislative developments in the third countries.
:
original equipment provided by the manufacturer
:
Federal Motor Vehicle Safety Standard of the U.S Department of Transportation
:
Japan Safety regulations for Road Vehicles
:
Society of Automotive Engineers
:
Comité international spécial des perturbations radioélectriques.
the complete LPG or CNG installation shall be checked against the provisions of UNECE Regulations No 67 or 110 or 115 as appropriate;
the formula to be used for the assessment of CO2 emissions shall be as follows:
Petrol engine and manual gearbox:
CO2 = 0,047 m + 0,561 p + 56,621
Petrol engine and automatic gearbox:
CO2 = 0,102 m + 0,328 p + 9,481
Petrol engine and hybrid electric:
CO2 = 0,116 m – 57,147
Diesel engine and manual gearbox:
CO2 = 0,108 m – 11,371
Diesel engine and automatic gearbox:
CO2 = 0,116 m – 6,432
Where: CO2 is the combined mass of CO2 emissions in g/km, “m” is the mass of the vehicle in running order in kg and “p” the maximum engine power output in kW.
Combined mass of CO2 shall be calculated with 1 decimal place, then rounded to the nearest whole number as follows:
if the figure following the decimal point is below 5, the total is rounded down;
if the figure following the decimal point is equal to 5 or above 5, the total is rounded up;
the formulæ to be used for the assessment of fuel consumption shall be as follows:
CFC = CO2 x k-1
Where: CFC is the combined fuel consumption in l/100 km, CO2 is the combined mass of CO2 emissions in g/km after it has been rounded in accordance with the rule referred to in Remark (2 b), “k” a coefficient equal to:
23,81 in the case of a petrol engine;
26,49 in the case of a diesel engine.
Combined fuel consumption shall be calculated with 2 decimal places. Then rounded as follows:
if the figure following the first decimal is below 5, the total is rounded down;
if the figure following the first decimal is equal to 5 or above 5, the total is rounded up;
Directive 74/297/EEC applies to vehicles which are not covered by the scope of Directive 96/79/EC;
Compliance with Directive 96/79/EC exempts vehicles from compliance with Directive 74/297/EEC;
Directive 74/297/EEC applies to N1 vehicles with a technically permissible maximum laden mass not exceeding 1,5 tonnes.”
the first sentence of the heading of Model B is replaced by the following:
the following Model D is added:
Communication concerning individual vehicle approval with regard to Article 24 of Directive 2007/46/EC
The undersigned [… …name and position] hereby certifies that the vehicle:
Type: | Variant: | Version: |
Location of the vehicle identification number: …
[…… date of application]
[…… Name and address of the applicant]
is granted approval according to the provisions of Article 24 of Directive 2007/46/EC. In witness whereof, the following approval number has been allocated: …
The vehicle complies with Appendix 2 to Annex IV to Directive 2007/46/EC. It can be permanently registered without further approval in Member States having right/left hand traffic(3) and using metric/imperial(3) units for the speedometer.
a Or visual representation of an “advanced electronic signature” according to Directive 1999/93/EC, including data for verification. | ||
(Place) (Date) | (Signaturea) | (Stamp of the approval authority) |
[…] | […] | […] |
Two photos(4) of the vehicle (min resolution 640 x 480 pixel, ~7 x 10 cm)
Stationary: …dB(A) at engine speed: …min-1
Drive-by: … dB(A)
Other legislation: …
all power train except pure electric vehicles
CO2 emissions | Fuel consumption | |
---|---|---|
Combined: | … g/km | … l/100 km/m3/100 km (1) |
Weighted, combined | … g/km | … l/100 km |
pure electric vehicles and OVC hybrid electric vehicles
Electric energy consumption (weighted, combined(7)) …Wh/km
As defined in Annex II.A
Delete where not applicable.
One ¾ front, one ¾ rear
This entry shall be completed only where the vehicle has two axles.
This mass is the actual mass of the vehicle in the conditions referred to in point 2.6 of Annex I.
Delete where not applicable
For hybrid electric vehicles, indicate both power outputs.
The codes described in Section C of Annex II shall be used.
Indicate only the basic colour(s): white, yellow, orange, red, violet, blue, green, grey, brown or black.
Excluding seats designated for use only when the vehicle is stationary and the number of wheelchair positions.
Add the number of the Euro level and, if appropriate, the character corresponding to the provisions used for type-approval.
Repeat for the various fuels which can be used.’
Not compulsory
In the absence of a registration document, the competent authority may refer to available documented evidence of date of manufacture or documented evidence of first purchase.’