Commission Regulation (EU) 2017/1151Show full title

Article 15 U.K. Transitional provisions

1. Until 31 August 2017 in the case of categories M1, M2 and category N1 class I vehicles, and until 31 August 2018 in the case of N1 vehicles of class II and III and category N2 vehicles manufacturers may request type-approval to be granted in accordance with this Regulation. Where such request is not made, Regulation (EC) No 692/2008 shall apply.

[F1 2. With effect from 1 September 2017 in the case of categories M1, M2 and category N1 class I vehicles, and from 1 September 2018 in the case of N1 vehicles of class II and III and category N2 vehicles, national authorities shall refuse, on grounds relating to emissions or fuel consumption, to grant EC type approval or national type approval, in respect to new vehicle types which do not comply with this Regulation.

[F2 With effect from 1 September 2019 , national authorities shall refuse, on grounds relating to emissions or fuel consumption, to grant EC type approval or national type approval, in respect to new vehicle types which do not comply with Annex VI. At the request of the manufacturer, until 31 August 2019 the evaporative emissions test procedure set out in Annex 7 to UNECE Regulation 83 or the evaporative emissions test procedure set out in in Annex VI of Regulation (EC) No 692/2008 may still be used for the purposes of type-approval under this Regulation.]

3. With effect from 1 September 2018 in the case of categories M1, M2 and category N1 class I vehicles, and from 1 September 2019 in the case of N1 vehicles of class II and III and category N2 vehicles, national authorities shall, on grounds relating to emissions or fuel consumption, in the case of new vehicles which do not comply with this Regulation, consider certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC and shall prohibit the registration, sale or entry into service of such vehicles.

For new vehicles registered before 1 September 2019 the evaporative emissions test procedure laid down in Annex 7 to UN/ECE Regulation 83 may, at the request of the manufacturer, be applied instead of the procedure laid down in Annex VI to this Regulation for the purposes of determining the evaporative emissions of the vehicle.

[F3 With the exception of vehicles approved for evaporative emissions under the procedure laid down in Annex VI of Regulation (EC) No 692/2008, with effect from 1 September 2019 , national authorities shall prohibit the registration, sale or entry into service of new vehicles that do not comply with Annex VI of this Regulation.] ]

4. Until three years after the dates specified in Article 10(4) of Regulation (EC) No 715/2007 in the case of new vehicle types and four years after the dates specified in Article 10(5) of that Regulation in the case of new vehicles, the following provisions shall apply:

[F4 (a) the requirements of point 2.1 of Annex IIIA with the exception of the requirements for the number of particles (PN) shall not apply;]

(b) the requirements of Annex IIIA other than that in point 2.1, including the requirements with regard to RDE tests to be performed and data to be recorded and made available, shall apply only to new type approvals granted in accordance with Regulation (EC) No 715/2007 from 27 July 2017;

(c) the requirements of Annex IIIA shall not apply to type approvals granted to small volume manufacturers[F2 .]

[F5 ((d) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

((e)] F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 Where a vehicle was type-approved in accordance with the requirements of Regulation (EC) No 715/2007 and its implementing legislation prior to 1 September 2017 in the case of category M and category N1 class I vehicles, or prior to 1 September 2018 in the case of category N1 class II and III and category N2 vehicles, it shall not be considered as belonging to a new type for the purpose of the first subparagraph. The same shall apply also where new types are created out of the original type exclusively due to the application of the new type definition in Article 2(1) of this Regulation. In these cases, the application of this subparagraph shall be mentioned in Section II. 5 Remarks of the EC-type-approval certificate, set out in Appendix 4 of Annex I to Regulation (EU) 2017/1151, including a reference to the previous type-approval.]

5. Until 8 years after the dates given in Article 10(4) of Regulation (EC) No 715/2007:

[F1 (a) type 1/I tests performed in accordance with Annex III to Regulation (EC) No 692/2008 until 3 years after the dates specified in Article 10(4) of Regulation (EC) No 715/2007 shall be recognised by the approval authority for the purposes of producing deteriorated or defective components to simulate failures for assessing the requirements of Annex XI to this Regulation;]

[F2 (b) with respect to vehicles of a WLTP interpolation family which fulfil the extension rules specified in point 3.1.4 of Annex I of Regulation (EC) No 692/2008, procedures performed in accordance with Section 3.13 of Annex III to Regulation (EC) No 692/2008 until 3 years after the dates given in Article 10(4) of Regulation (EC) No 715/2007 shall be accepted by the approval authority for the purposes of fulfilling the requirements of Appendix 1 to Sub-Annex 6 to Annex XXI of this Regulation;]

[F7 (c) durability demonstrations where the first type 1/I test was performed and completed in accordance with Annex VII to Regulation (EC) No 692/2008 until 3 years after the dates specified in Article 10(4) of Regulation (EC) No 715/2007 shall be recognised by the approval authorities as equivalent for the purposes of fulfilling the requirements of Annex VII to this Regulation.

[F3 For the purposes of this point, the possibility to use test results from procedures performed and completed in accordance with Regulation (EC) No 692/2008 shall only be applicable to those vehicles of a WLTP interpolation family which fulfil the extension rules specified in point 3.3.1 of Annex I of Regulation (EC) No 692/2008.] ]

6. In order to ensure a fair treatment of previously existing type-approvals, the Commission shall examine the consequences of Chapter V of Directive 2007/46/EC for the purposes of this Regulation.

[F6 7. Until 5 years and 4 months following the dates specified in Article 10(4) and (5) of Regulation (EC) No 715/2007 the requirements of Point 2.1 of Annex IIIA shall not apply to emission type-approvals according to Regulation (EC) No 715/2007 granted to small volume manufacturers as defined in Article 2(32). However in the period between 3 years and 5 years and 4 months following the dates specified in Article 10(4) and between 4 years and 5 years 4 months following the dates specified in Article 10(5) of Regulation (EC) No 715/2007, small volume manufacturers shall monitor and report the RDE values of their vehicles.]

[F3 8. Part B of Annex II shall apply to categories M1, M2 and category N1 class I based on types approved from 1 January 2019 , and for category N1 class II and III and category N2 based on types approved from 1 September 2019 . It shall also apply to all vehicles registered from 1 September 2019 for categories M1, M2 and category N1 class I, and to all vehicles registered from 1 September 2020 for category N1 class II and III and category N2. In all other cases Part A of Annex II shall apply.

9. With effect from 1 January 2020 in the case of vehicles as referred to in Article 4a of categories M1 and N1, class I, and from 1 January 2021 in the case of vehicles as referred to in Article 4a of category N1 vehicles, classes II and III, national authorities shall refuse, on grounds relating to emissions or fuel consumption, to grant EC type approval or national type approval in respect of new vehicle types which do not meet the requirements laid down in Article 4a.

With effect from 1 January 2021 , in the case vehicles as referred to in Article 4a of categories M1 and N1, class I, and from 1 January 2022 in the case of vehicles as referred to in Article 4a of category N1 vehicles, classes II and III, national authorities shall prohibit the registration, sale or entry into service of new vehicles that do not comply with that Article.

10. With effect from 1 September 2019 national authorities shall prohibit the registration, sale or entry into service of new vehicles that do not comply with the requirements set out in Annex IX of the Directive 2007/46/EC as amended by Commission Regulation (EU) 2018/1832 (1) .

For all vehicles registered between 1 January and 31 August 2019 under new type approvals granted in the same period and where the information listed in Annex IX of the Directive 2007/46/EC as amended by Regulation (EU) 2018/1832 is not yet included in the Certificate of Conformity, the manufacturer shall make this information available free-of-charge within 5 working days of the request by an accredited lab or technical service for the purposes of testing under Annex II.

11. The requirements of Article 4a shall not apply to type approvals granted to small volume manufacturers.]

Textual Amendments

F1 Substituted by Commission Regulation (EU) 2017/1347 of 13 July 2017 correcting Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EU) No 582/2011 and Commission Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 (Text with EEA relevance).

F2 Substituted by Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (Text with EEA relevance).

F3 Inserted by Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (Text with EEA relevance).

F4 Substituted by Commission Regulation (EU) 2017/1154 of 7 June 2017 amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6) (Text with EEA relevance).

F5 Deleted by Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (Text with EEA relevance).

F6 Inserted by Commission Regulation (EU) 2017/1154 of 7 June 2017 amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6) (Text with EEA relevance).

F7 Inserted by Commission Regulation (EU) 2017/1347 of 13 July 2017 correcting Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EU) No 582/2011 and Commission Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 (Text with EEA relevance).

(1)

[F3 Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy ( OJ L 301, 27.11.2018, p. 1 ).]

Textual Amendments

F3 Inserted by Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (Text with EEA relevance).