ANNEX I Amendments to certain Annexes to Regulation (EC) No 692/2008

(6) Annex XI is amended as follows:

(a)

the following point 2.14 is added:

‘2.14. As from 1 September 2011, in deviation from point 3.3.5 of Annex 11 to UN/ECE Regulation No 83, a particulate trap, where fitted as a separate unit or integrated into a combined emission control device, shall always be monitored at least for total failure or removal if the latter resulted in exceeding the applicable emission limits. It shall also be monitored for any failure that would result in exceeding the applicable OBD threshold limits.’;

(b)

point 3.3 is replaced by the following:

‘3.3. The approval authority shall not accept any deficiency request that includes the complete lack of a required diagnostic monitor or of mandated recording and reporting of data related to a monitor.’;

(c)

Appendix 1 is amended as follows:

(i)

points 3.1.7 and 3.1.8 are replaced by the following:

‘3.1.7. The manufacturer shall demonstrate to the approval authority and, upon request, to the Commission that these statistical conditions are satisfied for all monitors required to be reported by the OBD system according to point 3.6 of this Appendix not later than 18 months after the entry onto the market of the first vehicle type with IUPR in an OBD family and every 18 months thereafter. For this purpose, for OBD families consisting of more than 1 000 registrations in the Union, that are subject to sampling within the sampling period, the process described in Annex II shall be used without prejudice to the provisions of point 3.1.9 of this Appendix.

In addition to the requirements set out in Annex II and regardless of the result of the audit described in Section 2 of Annex II, the authority granting the approval shall apply the in-service conformity check for IUPR described in Appendix 1 to Annex II in an appropriate number of randomly determined cases. “In an appropriate number of randomly determined cases” means, that this measure has a dissuasive effect on non-compliance with the requirements of Section 3 of this Annex or the provision of manipulated, false or non-representative data for the audit. If no special circumstances apply and can be demonstrated by the type-approval authorities, random application of the in-service conformity check to 5 % of the type approved OBD families shall be considered as sufficient for compliance with this requirement. For this purpose, type-approval authorities may find arrangements with the manufacturer for the reduction of double testing of a given OBD family as long as these arrangements do not harm the dissuasive effect of the type-approval authority’s own in-service conformity check on non-compliance with the requirements of Section 3 of this Annex. Data collected by Member States during surveillance testing programmes may be used for in-service conformity checks. Upon request, type-approval authorities shall provide data on the audits and random in-service conformity checks performed, including the methodology used for identifying those cases, which are made subject to the random in-service conformity check, to the Commission and other type-approval authorities.

3.1.8. For the entire test sample of vehicles the manufacturer must report to the relevant authorities all of the in-use performance data to be reported by the OBD system according to point 3.6 of this Appendix in conjunction with an identification of the vehicle being tested and the methodology used for the selection of the tested vehicles from the fleet. Upon request, the type-approval authority granting the approval shall make these data and the results of the statistical evaluation available to the Commission and other approval authorities.’;

(ii)

the following point 3.1.10 is added:

‘3.1.10. Non-compliance with the requirements of point 3.1.6 established by tests described in points 3.1.7 or 3.1.9 shall be considered as an infringement subject to the penalties set out in Article 13 of Regulation (EC) No 715/2007. This reference does not limit the application of such penalties to other infringements of other provisions of Regulation (EC) No 715/2007 or this Regulation, which do no explicitly refer to Article 13 of Regulation (EC) No 715/2007.’;

(iii)

in point 3.3.2, the following points (e) and (f) are added:

‘(e)

without prejudice to requirements for the increment of denominators of other monitors the denominators of monitors of the following components shall be incremented if and only if the driving cycle started with a cold start:

(i)

liquid (oil, engine coolant, fuel, SCR reagent) temperature sensors;

(ii)

clean air (ambient air, intake air, charge air, inlet manifold) temperature sensors;

(iii)

exhaust (EGR recirculation/cooling, exhaust gas turbo-charging, catalyst) temperature sensors;

(f)

the denominators of monitors of the boost pressure control system shall be incremented if the all of the following conditions are met:

(i)

the general denominator conditions are fulfilled;

(ii)

the boost pressure control system is active for a time greater than or equal to 15 seconds.’;

(iv)

point 3.6.2 is replaced by the following:

‘3.6.2. For specific components or systems that have multiple monitors, which are required to be reported by this point (e.g. oxygen sensor bank 1 may have multiple monitors for sensor response or other sensor characteristics), the OBD system shall separately track numerators and denominators for each of the specific monitors except those monitoring for short circuit or open circuit failures and report only the corresponding numerator and denominator for the specific monitor that has the lowest numerical ratio. If two or more specific monitors have identical ratios, the corresponding numerator and denominator for the specific monitor that has the highest denominator shall be reported for the specific component.’;