Commission Regulation (EU) No 347/2012Show full title

Article 1 Scope

This Regulation applies to motor vehicles of categories M₂, M₃, N₂ and N₃, as defined in Annex II to Directive 2007/46/EC, with the exception of the following:

(1)

semi-trailer towing vehicles of category N₂ with a maximum mass exceeding 3,5 but not exceeding 8 tonnes;

(2)

categories M₂ and M₃ vehicles of Class A, Class I and Class II;

(3)

category M₃ articulated buses of Class A, Class I and Class II;

(4)

off-road vehicles of categories M₂, M₃, N₂ and N₃ as referred to in points 4.2 and 4.3 of Part A of Annex II to Directive 2007/46/EC;

(5)

special purpose vehicles of categories M₂, M₃, N₂ and N₃ as referred to in point 5 of Part A of Annex II to Directive 2007/46/EC;

(6)

vehicles of categories M₂, M₃, N₂ and N₃ with more than three axles.

Article 2 Definitions

For the purposes of this Regulation, the definitions laid down in Directive 2007/46/EC and in Regulation (EC) No 661/2009 shall apply.

In addition, the following definitions shall apply:

(1)

‘type of vehicle with regard to its advanced emergency braking system’ (AEBS) means a category of vehicles which do not differ in essential respects, including as to:

(a)

the manufacturer’s trade name or trade mark;

(b)

vehicle features which significantly influence the performances of the AEBS;

(c)

the type and design of the AEBS;

(2)

‘subject vehicle’ means the vehicle being tested;

(3)

‘target’ means a high volume series production passenger car of category M₁ AA saloon as defined in point 1 of Section C of Annex II to Directive 2007/46/EC or, in the case of a soft target, an object representative of such a vehicle in terms of its detection characteristics applicable to the sensor system of the AEBS under test;

(4)

‘soft target’ means a target that will suffer minimum damage and cause minimum damage to the subject vehicle in the event of a collision;

(5)

‘moving target’ means a target travelling at a constant speed in the same direction and in the centre of the same lane of travel as the subject vehicle;

(6)

‘stationary target’ means a target at standstill facing the same direction and positioned on the centre of the same test lane of travel as the subject vehicle;

(7)

‘collision warning phase’ means the phase directly preceding the emergency braking phase, during which the AEBS warns the driver of a potential forward collision;

(8)

‘emergency braking phase’ means the phase starting when the AEBS emits a braking demand for at least 4 m/s² deceleration to the service braking system of the vehicle;

(9)

‘common space’ means an area on which two or more information functions may be displayed, but not simultaneously;

(10)

‘self-check’ means an integrated function that checks for a system failure on a semi-continuous basis at least while the system is active;

(11)

‘time to collision (TTC)’ means the value of time obtained by dividing the distance between the subject vehicle and the target by the relative speed of the subject vehicle and the target, at an instant in time.

Article 3 Obligations of the Member States

1. With effect from 1 November 2013, national authorities shall refuse, on grounds relating to the AEBS, to grant EC type-approval or national type-approval in respect of new types of vehicle which do not comply with the requirements set out in Annexes II and III, with the exception of the approval level 2 requirements in Annex II and the pass/fail criteria set out in Appendix 2 to that Annex and with the exception of vehicles not equipped with pneumatic rear axle suspension.

2. With effect from 1 November 2015, national authorities shall, on grounds relating to the AEBS, consider certificates of conformity in respect of new vehicles to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC, and prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with the requirements set out in Annexes II and III, with the exception of the approval level 2 requirements in Annex II and the pass/fail criteria set out in Appendix 2 to that Annex and with the exception of vehicles not equipped with pneumatic rear axle suspension.

3. With effect from 1 November 2016 national authorities shall refuse, on grounds relating to the AEBS, to grant EC type-approval or national type-approval in respect of new types of vehicle which do not comply with the requirements set out in Annexes II and III, including the approval level 2 requirements in Annex II and the pass/fail criteria set out Appendix 2 to that Annex.

4. With effect from 1 November 2018, national authorities shall, on grounds relating to the AEBS, consider certificates of conformity in respect of new vehicles to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC, and prohibit the registration, sale and entry into service of such vehicles, where such vehicles do not comply with the requirements set out in Annexes II and III, including the approval level 2 requirements in Annex II and the pass/fail criteria set out in Appendix 2 to that Annex.

5. Without prejudice to paragraphs 1 to 4, national authorities may not, on grounds relating to the AEBS:

(a) refuse to grant EC type-approval or national type-approval for a new type of vehicle where that vehicle complies with Regulation (EC) No 661/2009 and this Regulation;

(b) prohibit the registration, sale or entry into service of a new vehicle where that vehicle complies with Regulation (EC) No 661/2009 and this Regulation;

(c) grant EC type-approval or national type-approval according to approval level 2 for a new type of vehicle of category M₂ and of category N₂ with a maximum mass not exceeding 8 tonnes, until the pass/fail values for the warning and activation test requirements have been specified in accordance with Article 5.

Article 4 EC type-approval of a type of vehicle with regard to AEBS

1. The manufacturer or the manufacturer’s representative shall submit to the approval authority the application for EC type-approval of a type of vehicle with regard to AEBS.

2. The application shall be drawn up in accordance with the model of the information document set out in Part 1 of Annex I.

3. If the relevant requirements set out in Annex II to this Regulation are met, the approval authority shall grant an EC type-approval and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.

An approval authority may not assign the same number to another type of vehicle.

4. For the purposes of paragraph 3, the approval authority shall deliver an EC type-approval certificate established in accordance with the model set out in Part 2 of Annex I.

Article 5 Amendment to Appendix 2 of Annex II

By 31 December 2014 the Commission shall amend Appendix 2 of Annex II in order to include the pass/fail values for the warning and activation test requirements which types of vehicles of category M₂ and of category N₂ with a maximum mass not exceeding 8 tonnes will have to comply with for approval level 2.

Article 6 Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 April 2012.

For the Commission

The President

José Manuel Barroso