Commission Delegated Regulation (EU) 2015/96 (repealed)Show full title

CHAPTER II OBLIGATIONS OF MANUFACTURERS

Article 3 General obligations

1. The manufacturer shall ensure that all new vehicles placed on the market, registered or entering into service within the Union, all new and replacement engines placed on the market or entering into service within the Union and all new systems, components and separate technical units that may affect the vehicle's environmental and propulsion unit performance which are placed on the market or enter into service within the Union are designed, constructed and assembled so as to enable the vehicle, in normal use and maintained in accordance with the prescriptions of the manufacturer, to comply with the requirements laid down in this Regulation.

2. The manufacturer of vehicles, engines, systems, components and separate technical units shall demonstrate to the approval authority, by means of physical demonstration and testing, that the vehicles, engines, systems, components and separate technical units made available on the market, registered or entering into service in the Union comply with the detailed technical requirements and test procedures laid down in Articles 6 to 9a and Annexes I and II of Directive 97/68/EC.

3. This Article shall not apply to vehicle types for export to third countries.

Article 4 General requirements on pollutant emissions and external sound levels

1. The manufacturer shall comply with the requirements regarding pollutant emissions laid down in Annexes I and II.

The manufacturer shall comply with the requirements regarding external sound level laid down in Annex III.

2. The type-approval regarding exhaust pollutant emissions and external sound level requirements may be extended by the type-approval authorities to different vehicle variants, versions and engine types and families, provided that the vehicle variant, propulsion unit and pollution control system parameters have an identical performance or remain within the levels specified in Article 19(4) of Regulation (EU) No 167/2013.

3. The manufacturer shall report without delay to the approval authority any modification to systems, components and separate technical units that may affect the environmental and propulsion unit performance of the agricultural and forestry vehicle after the approved vehicle type is placed on the market in accordance with Article 19 of Regulation (EU) No 167/2013. The obligation to report shall include the following:

(a) the parameters of the type or engine family, as set out in Annex II to Directive 97/68/EC and in point 9 of Annex I to this Regulation;

(b) the engine's pollutant exhaust emissions after-treatment system, as described in point 6 of Annex I to Directive 97/68/EC and point 9.1 of Annex I and point 3.2 of Annex II to this Regulation;

(c) the external sound emissions abatement system of the vehicle, in accordance with the requirements of Annex III.

4. In addition to the provisions of paragraphs 1, 2 and 3 and Article 14, the manufacturer shall comply to the following environmental and propulsion unit requirements:

(d) as regards the reference fuels, the requirements set-out in Annex 7 to UNECE Regulation No 120. 01 series of amendments and Annex V to Directive 97/68/EC;

(e) as regards pollution control devices and replacement pollution control devices, the requirements set out in Appendix 5 of Annex III to Directive 97/68/EC;

(f) as regards test equipment, the requirements set out in Annex III to Directive 97/68/EC.

5. The manufacturer shall provide evidence to the approval authority that the changes referred to in paragraph 3 do not deteriorate the environmental performance of a vehicle in relation to the environmental performance demonstrated at type-approval.

6. The manufacturer shall demonstrate that replacement pollution control devices requiring type-approval pursuant to Articles 9 to 13 of this Regulation, which are placed on the market or enter into service in the Union are approved in accordance with the detailed technical requirements and test procedures set out in point 4.1.1. of Annex I of Directive 97/68/EC, where applicable.

7. Vehicles equipped with a replacement pollution control device shall meet the same environmental test requirements and pollutant emission limit values as vehicles equipped with an original pollution control device.

Article 5 Specific obligations with respect to type approval of vehicles or engines

1. The manufacturer shall ensure that the gaseous and particulate matter exhaust pollutant emissions of the engine type do not exceed the gaseous and particulate matter exhaust pollutant emissions as specified for the engine categories and power ranges under the scope of Directive 97/68/EC.

2. The manufacturer shall ensure that the propulsion unit performance corresponds to the level reported to the approval authority in the information folder when making the vehicle available on the market or before its entry into service.

The use of defeat devices, as defined in point 2.8c of Annex I to Directive 97/68/EC, that reduce the effectiveness of emission control equipment shall be prohibited in accordance to point 4.1.1 of Annex III to Directive 97/68/EC.

3. Changes to the make of a system, component or separate technical unit that occur after a type-approval shall not automatically invalidate a type-approval, unless its original characteristics or technical parameters are changed in such a way that the functionality of the engine or pollution control system is affected.

Article 6 Requirements for type-approval of engines as a separate technical unit

In order to receive an EU type-approval of an engine or engine family as a separate technical unit, the manufacturer shall, in accordance with the provisions of Annex I of this Regulation, demonstrate that the engines are subject to the tests and comply with the requirements set out in this Regulation and in Directive 97/68/EC.