Commission Regulation (EU) 2017/1151Show full title

Commission Regulation (EU) 2017/1151 of 1 June 2017 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 Commission Regulation (EC) No 692/2008 (Text with EEA relevance)

Article 1U.K.Subject matter

This Regulation lays down measures for the implementation of Regulation (EC) No 715/2007.

Article 2U.K.Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1)

‘vehicle type with regard to emissions and vehicle repair and maintenance information’ means a group of vehicles which:

(a)

do not differ with respect to the criteria constituting an "interpolation family" as defined in point 5.6 of Annex XXI;

(b)

[F1fall in a single "CO 2 interpolation range" within the meaning of point 2.3.2 of Sub-Annex 6 to Annex XXI;]

(c)

do not differ with respect to any characteristics that have a non-negligible influence on tailpipe emissions, such as, but not limited to, the following:

  • types and sequence of pollution control devices (e.g. three-way catalyst, oxidation catalyst, lean NOx trap, SCR, lean NOx catalyst, particulate trap or combinations thereof in a single unit);

  • exhaust gas recirculation (with or without, internal/external, cooled/non-cooled, low/high pressure).

(2)

‘EC type-approval of a vehicle with regard to emissions and vehicle repair and maintenance information’ means an EC type-approval of the vehicles contained in a ‘vehicle type with regard to emissions and vehicle repair and maintenance information’ with regard to their tailpipe emissions, crankcase emissions, evaporative emissions, fuel consumption and access to vehicle OBD and vehicle repair and maintenance information;

(3)

[F2‘ odometer ’ means an instrument indicating to the driver the total distance driven by the vehicle since its production;]

(4)

‘starting aid’ means glow plugs, modifications to the injection timing and other devices which assist the engine to start without enrichment of the air/fuel mixture of the engine;

(5)

‘engine capacity’ means either of the following:

(a)

for reciprocating piston engines, the nominal engine swept volume;

(b)

for rotary piston (Wankel) engines, double the nominal engine swept volume;

(6)

[F1‘ periodically regenerating system ’ means an exhaust emissions control device (e.g. catalytic converter, particulate trap) that requires a periodic regeneration process;]

(7)

‘original replacement pollution control device’ means a pollution control device or an assembly of pollution control devices whose types are indicated in Appendix 4 to Annex I to this Regulation but are offered on the market as separate technical units by the holder of the vehicle type-approval;

(8)

‘type of pollution control device’ means catalytic converters and particulate filters which do not differ in any of the following essential aspects:

(a)

number of substrates, structure and material;

(b)

type of activity of each substrate;

(c)

volume, ratio of frontal area and substrate length;

(d)

catalyst material content;

(e)

catalyst material ratio;

(f)

cell density;

(g)

dimensions and shape;

(h)

thermal protection;

(9)

‘mono fuel vehicle’ means a vehicle that is designed to run primarily on one type of fuel;

(10)

‘mono fuel gas vehicle’ means a mono fuel vehicle that primarily runs on LPG, NG/biomethane, or hydrogen but may also have a petrol system for emergency purposes or starting only, where the petrol tank does not contain more than 15 litres of petrol;

(11)

[F1‘ bi-fuel vehicle ’ means a vehicle with two separate fuel storage systems that is designed to run primarily on only one fuel at a time;

(12)

‘ bi-fuel gas vehicle ’ means a bi-fuel vehicle where the two fuels are petrol (petrol mode) and either LPG, NG/biomethane, or hydrogen;]

(13)

‘flex fuel vehicle’ means a vehicle with one fuel storage system that can run on different mixtures of two or more fuels;

(14)

‘flex fuel ethanol vehicle’ means a flex fuel vehicle that can run on petrol or a mixture of petrol and ethanol up to an 85 per cent ethanol blend (E85);

(15)

‘flex fuel biodiesel vehicle’ means a flex fuel vehicle that can run on mineral diesel or a mixture of mineral diesel and biodiesel;

(16)

‘hybrid electric vehicle’ (HEV) means a hybrid vehicle where one of the propulsion energy converters is an electric machine;

(17)

‘properly maintained and used’ means, for the purpose of a test vehicle, that such a vehicle satisfies the criteria for acceptance of a selected vehicle laid down in section 2 of Appendix 3 to UN/ECE Regulation No 83(1);

(18)

‘emission control system’ means, in the context of the OBD system, the electronic engine management controller and any emission-related component in the exhaust or evaporative system which supplies an input to or receives an output from this controller;

(19)

‘malfunction indicator’ (MI) means a visible or audible indicator that clearly informs the driver of the vehicle in the event of a malfunction of any emission-related component connected to the OBD system, or of the OBD system itself;

(20)

‘malfunction’ means the failure of an emission-related component or system that would result in emissions exceeding the limits in section 2.3 of Annex XI or if the OBD system is unable to fulfil the basic monitoring requirements set out in Annex XI;

(21)

‘secondary air’ means the air introduced into the exhaust system by means of a pump or aspirator valve or other means that is intended to aid in the oxidation of HC and CO contained in the exhaust gas stream;

(22)

‘driving cycle’, means, in respect of vehicle OBD systems, the engine start-up, driving mode where a malfunction would be detected if present, and engine shut-off;

(23)

‘access to information’ means the availability of all vehicle OBD and vehicle repair and maintenance information, required for the inspection, diagnosis, servicing or repair of the vehicle.

(24)

‘deficiency’ means, in the context of the OBD system, that up to two separate components or systems which are monitored contain temporary or permanent operating characteristics that impair the otherwise efficient OBD monitoring of those components or systems or do not meet all of the other detailed requirements for OBD;

(25)

‘deteriorated replacement pollution control device’ means a pollution control device as defined in Article 3(11) of Regulation (EC) No 715/2007 that has been aged or artificially deteriorated to such an extent that it fulfils the requirements laid out in section 1 to Appendix 1 to Annex XI of UN/ECE Regulation No 83;

(26)

‘vehicle OBD information’ means information relating to an on-board diagnostic system for any electronic system on the vehicle

(27)

‘reagent’ means any product other than fuel that is stored on-board the vehicle and is provided to the exhaust after-treatment system upon request of the emission control system;

(28)

‘mass in running order’ means the mass of the vehicle, with its fuel tank(s) filled to at least 90 per cent of its or their capacity/capacities, including the mass of the driver, fuel and liquids, fitted with the standard equipment in accordance with the manufacturer's specifications and, when they are fitted, the mass of the bodywork, the cabin, the coupling and the spare wheel(s) as well as the tools;

(29)

‘engine misfire’ means lack of combustion in the cylinder of a positive ignition engine due to absence of spark, poor fuel metering, poor compression or any other cause;

(30)

‘cold start system or device’ means a system which temporarily enriches the air/fuel mixture of the engine thus assisting the engine to start;

(31)

‘power take-off operation or unit’ means an engine-driven output provision for the purposes of powering auxiliary, vehicle mounted, equipment;

(32)

[F3‘ small volume manufacturer ’ means a manufacturer whose worldwide annual production is less than 10 000 units for the year prior to the one for which the type approval is granted and:

(a)

is not part of a group of connected manufacturers; or

(b)

is part of a group of connected manufacturers whose worldwide annual production is less than 10 000 units for the year prior to the one for which the type approval is granted; or

(c)

is part of a group of connected manufacturers but operates its own production facilities and own design centre;]

(32a)

[F4‘ own production facility ’ means a manufacturing or assembly plant used by the manufacturer for the purpose of manufacturing or assembling new vehicles for that manufacturer, including, where relevant, vehicles which are intended for export;

(32b)

‘ own design centre ’ means a facility in which the whole vehicle is designed and developed, and which is under the control and use of the manufacturer;

(32c)

‘ ultra-small-volume manufacturers ’ means a small volume manufacturer as defined in point (32) which has registrations of less than 1 000 in the Community for the year prior to the one the type approval is granted;]

(33)

[F5. . . . .]

(33)

[F6‘ pure ICE vehicle ’ means a vehicle where all of the propulsion energy converters are internal combustion engines;]

(34)

‘Pure electric vehicle’ (PEV) means a vehicle equipped with a powertrain containing exclusively electric machines as propulsion energy converters and exclusively rechargeable electric energy storage systems as propulsion energy storage systems;

(35)

‘Fuel cell’ means an energy converter transforming chemical energy (input) into electrical energy (output) or vice versa;

(36)

‘Fuel cell vehicle’ (FCV) means a vehicle equipped with a powertrain containing exclusively fuel cell(s) and electric machine(s) as propulsion energy converter(s);

(37)

‘net power’ means the power obtained on a test bench at the end of the crankshaft or its equivalent at the corresponding engine or motor speed with the auxiliaries, tested in accordance with Annex XX (Measurements of net power and the maximum 30 minutes power of electric drive train), and determined under reference atmospheric conditions;

(38)

‘[F1rated engine power’ (P rated ) means the maximum net power of the engine or motor in kW measured in accordance with the requirements of Annex XX;]

(39)

‘maximum 30 minutes power’ means the maximum net power of an electric drive train at DC voltage as set out in paragraph 5.3.2. of UN/ECE Regulation No 85(2);

(40)

‘cold start’ means, in the context of the in use performance ratio of OBD monitors, an engine coolant temperature or equivalent temperature at engine start less than or equal to 35 °C and less than or equal to 7 °C higher than ambient temperature, if available;

(41)

‘Real driving emissions (RDE)’ means the emissions of a vehicle under its normal conditions of use;

(42)

‘Portable emissions measurement system’ (PEMS) means a portable emissions measurement system meeting the requirements specified in Appendix 1 to Annex IIIA;

(43)

‘Base Emission Strategy’, (‘BES’) means an emission strategy that is active throughout the speed and load operating range of the vehicle unless an Auxiliary Emission Strategy is activated;

(44)

‘Auxiliary Emission Strategy’, (‘AES’) means an emission strategy that becomes active and replaces or modifies a BES for a specific purpose and in response to a specific set of ambient or operating conditions and only remains operational as long as those conditions exist;

(45)

[F1‘ Fuel tank system ’ means the devices which allow storing the fuel, comprising the fuel tank, the fuel filler, the filler cap and the fuel pump when it is fitted in or on the fuel tank;

(46)

‘ permeability factor ’ (PF) means the factor determined on the basis of hydrocarbon losses over a period of time and used to determine the final evaporative emissions;

(47)

‘ monolayer non-metal tank ’ means a fuel tank constructed with a single layer of non-metal material including fluorinated/sulfonated materials;

(48)

‘ multilayer tank ’ means a fuel tank constructed with at least two different layered materials, one of which is a hydrocarbon barrier material;]

(49)

[F7‘ inertia category ’ means a category of test masses of the vehicle corresponding to an equivalent inertia as laid down in Table A4a/3 of Annex 4a to UN/ECE Regulation No 83 when the test mass is set equal to the reference mass.]

Textual Amendments

Article 3U.K.Requirements for type-approval

[F11. In order to receive an EC type-approval with regard to emissions and vehicle repair and maintenance information, the manufacturer shall demonstrate that the vehicles comply with the requirements of this Regulation when tested in accordance with the test procedures specified in Annexes IIIA to VIII, XI, XIV, XVI, XX, XXI and XXII. The manufacturer shall also ensure that the reference fuels comply with the specifications set out in Annex IX.]

2.Vehicles shall be subject to the tests specified in Figure I.2.4 of Annex I.

3.As an alternative to the requirements contained in Annexes II, V to VIII, XI, XVI and XXI, small volume manufacturers may request the granting of EC type-approval to a vehicle type which was approved by an authority of a third country on the basis of the legislative acts listed in section 2.1 of Annex I.

The emissions tests for roadworthiness purposes set out in Annex IV, tests for fuel consumption and CO2 emissions set out in Annex XXI and the requirements for access to vehicle OBD and vehicle repair and maintenance information set out in Annex XIV shall be required to obtain EC type-approval with regard to emissions and vehicle repair and maintenance information under this paragraph.

The approval authority shall inform the Commission of the circumstances of each type approval granted under this paragraph.

4.Specific requirements for inlets to fuel tanks and electronic system security are laid down in Section 2.2 and 2.3 of Annex I.

5.The manufacturer shall take technical measures so as to ensure that the tailpipe and evaporative emissions are effectively limited, in accordance with this Regulation, throughout the normal life of the vehicle and under normal conditions of use.

These measures shall include ensuring that the security of hoses, joints and connections, used within the emission control systems, are constructed so as to conform with the original design intent.

6.The manufacturer shall ensure that the emissions test results comply with the applicable limit value under the specified test conditions of this Regulation.

[F17. For the Type 1 test set out in Annex XXI, vehicles that are fuelled with LPG or NG/biomethane shall be tested in the Type 1 test for variation in the composition of LPG or NG/biomethane, as set out in Annex 12 to UN/ECE Regulation No 83 for pollutant emissions, with the fuel used for the measurement of the net power in accordance with Annex XX to this Regulation.

Vehicles that can be fuelled both with petrol or LPG or NG/biomethane shall be tested on both the fuels, tests on LPG or NG/biomethane being performed for variation in the composition of LPG or NG/biomethane, as set out in Annex 12 to UN/ECE Regulation No 83, and with the fuel used for the measurement of the net power in accordance with Annex XX to this Regulation.]

8.For the Type 2 test set out in Appendix 1 to Annex IV, at normal engine idling speed, the maximum permissible carbon monoxide content in the exhaust gases shall be that stated by the vehicle manufacturer. However, the maximum carbon monoxide content shall not exceed 0,3 % vol.

At high engine idling speed, the carbon monoxide content by volume of the exhaust gases shall not exceed 0,2 %, with the engine speed being at least 2 000 min –1 and Lambda being 1 ± 0,03 or in accordance with the specifications of the manufacturer.

9.The manufacturer shall ensure that for the Type 3 test set out in Annex V, the engine's ventilation system does not permit the emission of any crankcase gases into the atmosphere.

10.The Type 6 test measuring emissions at low temperatures set out in Annex VIII shall not apply to diesel vehicles.

However, when applying for type-approval, manufacturers shall present to the approval authority with information showing that the NOx after-treatment device reaches a sufficiently high temperature for efficient operation within 400 seconds after a cold start at – 7 °C as described in the Type 6 test.

In addition, the manufacturer shall provide the approval authority with information on the operating strategy of the exhaust gas recirculation system (EGR), including its functioning at low temperatures.

This information shall also include a description of any effects on emissions.

The approval authority shall not grant type-approval if the information provided is insufficient to demonstrate that the after-treatment device actually reaches a sufficiently high temperature for efficient operation within the designated period of time.

At the request of the Commission, the approval authority shall provide information on the performance of NOx after-treatment devices and EGR system at low temperatures.

11.The manufacturer shall ensure that, throughout the normal life of a vehicle which is type approved in accordance with Regulation (EC) No 715/2007, its emissions as determined in accordance with the requirements set out in Annex IIIA and emitted at an RDE test performed in accordance with that Annex, shall not exceed the values set out therein.

Type approval in accordance with Regulation (EC) No 715/2007 may only be issued if the vehicle is part of a validated PEMS test family according to Appendix 7 of Annex IIIA.

[F4The requirements of Annex IIIA shall not apply to emission type-approvals according to Regulation (EC) No 715/2007 granted to ultra-small-volume manufacturers.]

Textual Amendments

Article 4U.K.Requirements for type-approval regarding the OBD system

1.The manufacturer shall ensure that all vehicles are equipped with an OBD system.

2.The OBD system shall be designed, constructed and installed on a vehicle so as to enable it to identify types of deterioration or malfunction over the entire life of the vehicle.

3.The OBD system shall comply with the requirements of this Regulation during normal conditions of use.

4.When tested with a defective component in accordance with Appendix 1 of Annex XI, the OBD system malfunction indicator shall be activated.

The OBD system malfunction indicator may also activate during this test at levels of emissions below the OBD thresholds limits specified in section 2.3 of Annex XI.

5.The manufacturer shall ensure that the OBD system complies with the requirements for in-use performance set out in section 3 of Appendix 1 to Annex XI of this Regulation under all reasonably foreseeable driving conditions.

6.In-use performance related data to be stored and reported by a vehicle's OBD system according to the provisions of Section 7.6 of Appendix 1 to Annex XI of UN/ECE Regulation No 83 shall be made readily available by the manufacturer to national authorities and independent operators without any encryption.

[F6Article 4a U.K. Requirements for type-approval regarding devices for monitoring the consumption of fuel and/or electric energy

The manufacturer shall ensure that the following vehicles of categories M1 and N1 are equipped with a device for determining, storing and making available data on the quantity of fuel and/or electric energy used for the operation of the vehicle:

(1)

pure ICE and Not-Off-Vehicle Charging Hybrid Electric vehicles (NOVC-HEVs) powered exclusively by mineral diesel, biodiesel, petrol, ethanol or any combination of these fuels;

(2)

Off-Vehicle Charging Hybrid Electric Vehicles (OVC-HEVs) powered by electricity and any of the fuels mentioned in point 1.

The device for monitoring the consumption of fuel and/or electric energy shall comply with the requirements laid down in Annex XXII.]

Textual Amendments

Article 5U.K.Application for EC type-approval of a vehicle with regard to emissions and access to vehicle repair and maintenance information

1.The manufacturer shall submit to the approval authority an application for EC type-approval of a vehicle with regard to emissions and access to vehicle repair and maintenance information.

2.The application referred to in paragraph 1 shall be drawn up in accordance with the model of the information document set out in Appendix 3 to Annex I.

3.In addition, the manufacturer shall submit the following information:

(a)in the case of vehicles equipped with positive-ignition engines, a declaration by the manufacturer of the minimum percentage of misfires out of a total number of firing events that either would result in emissions exceeding the limits given in section 2.3 of Annex XI if that percentage of misfire had been present from the start of a type 1 test as chosen for the demonstration according to Annex XI to this Regulation or could lead to an exhaust catalyst, or catalysts, overheating prior to causing irreversible damage;

(b)detailed written information fully describing the functional operation characteristics of the OBD system, including a listing of all relevant parts of the emission control system of the vehicle that are monitored by the OBD system;

(c)a description of the malfunction indicator used by the OBD system to signal the presence of a fault to a driver of the vehicle;

(d)a declaration by the manufacturer that the OBD system complies with the provisions of section 3 of Appendix 1 to Annex XI relating to in-use performance under all reasonably foreseeable driving conditions;

(e)a plan describing the detailed technical criteria and justification for incrementing the numerator and denominator of each monitor that must fulfil the requirements of paragraphs 7.2 and 7.3. of Appendix 1 to Annex XI of UN/ECE Regulation No 83, as well as for disabling numerators, denominators and the general denominator under the conditions outlined in paragraph 7.7 of Appendix 1 to Annex XI of UN/ECE Regulation No 83;

(f)a description of the provisions taken to prevent tampering with and modification of the emission control computer, odometer including the recording of mileage values for the purposes of the requirements of Annexes XI and XVI;

(g)if applicable, the particulars of the vehicle family as referred to in Appendix 2 to Annex 11 to UN/ECE Regulation No 83;

(h)where appropriate, copies of other type-approvals with the relevant data to enable extension of approvals and establishment of deterioration factors.

4.For the purposes of point (d) of paragraph 3, the manufacturer shall use the model of manufacturer's certificate of compliance with the OBD in-use performance requirements set out in Appendix 7 of Annex I

5.For the purposes of point (e) of paragraph 3, the approval authority that grants the approval shall make the information referred to in that point available to the approval authorities or the Commission upon request.

6.For the purposes of points (d) and (e) of paragraph 3, approval authorities shall not approve a vehicle if the information submitted by the manufacturer is inappropriate for fulfilling the requirements of section 3 of Appendix 1 to Annex XI.

Paragraphs 7.2, 7.3 and 7.7 of Appendix 1 to Annex XI of UN/ECE Regulation No 83 shall apply under all reasonably foreseeable driving conditions.

For the assessment of the implementation of the requirements set out in these paragraphs, the approval authorities shall take into account the state of technology.

7.For the purposes of point (f) of paragraph 3, the provisions taken to prevent tampering with and modification of the emission control computer shall include the facility for updating using a manufacturer-approved programme or calibration.

8.For the tests specified in Figure I.2.4 of Annex I the manufacturer shall submit to the technical service responsible for the type-approval tests a vehicle representative of the type to be approved.

9.The application for type-approval of mono fuel, bi-fuel and flex-fuel vehicles shall comply with the additional requirements laid down in Sections 1.1 and 1.2 of Annex I.

10.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.

[F311. In order for the approval authorities to be able to assess the proper use of AES, taking into account the prohibition of defeat devices contained in Article 5(2) of Regulation (EC) No 715/2007, the manufacturer shall also provide an extended documentation package, as described in Appendix 3a of Annex I to this Regulation.

[F1The extended documentation package shall be identified and dated by the approval authority and kept by that authority for at least 10 years after the approval is granted.]

[F6At the request of the manufacturer, the approval authority shall conduct a preliminary assessment of the AES for new vehicle types. In that case, the relevant documentation shall be provided to the type approval authority between 2 and 12 months before the start of the type-approval process.

The approval authority shall make a preliminary assessment on the basis of the extended documentation package, as described in point (b) of Appendix 3a to Annex I, provided by the manufacturer. The approval authority shall make the assessment in accordance with the methodology described in Appendix 3b of Annex I. The approval authority may deviate from that methodology in exceptional and duly justified cases.

The preliminary assessment of the AES for new vehicle types shall remain valid for the purposes of type approval for a period of 18 months. That period may be extended by a further 12 months if the manufacturer provides to the approval authority proof that no new technologies have become accessible in the market that would change the preliminary assessment of the AES.

A list of AES which were deemed non-acceptable by Type Approval Authorities shall be compiled yearly by the Type-Approval Authorities Expert Group (TAAEG) and made available to the public by the Commission.] ]

F812.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F612. The manufacturer shall also provide the type approval authority which granted the emission type-approval under this Regulation ( ‘ granting approval authority ’ ) with a package on Testing Transparency containing the necessary information in order to allow the performance of testing in accordance with point 5.9 of Part B of Annex II.]

Textual Amendments

Article 6U.K.Administrative provisions for EC type-approval of a vehicle with regard to emissions and access to vehicle repair and maintenance information

1.If all the relevant requirements 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.

Without prejudice to the provisions of Annex VII to Directive 2007/46/EC, Section 3 of the type-approval number shall be drawn up in accordance with Appendix 6 to Annex I to this Regulation.

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

2.By way of derogation from paragraph 1, at the request of the manufacturer, a vehicle with an OBD system may be accepted for type-approval with regard to emissions and vehicle repair and maintenance information, even though the system contains one or more deficiencies such that the specific requirements of Annex XI are not fully met, provided that the specific administrative provisions set out in Section 3 of that Annex are complied with.

The approval authority shall notify the decision to grant such a type approval to all approval authorities in the other Member States in accordance with the requirements set out in Article 8 of Directive 2007/46/EC.

3.When granting an EC type approval under paragraph 1, the approval authority shall issue an EC type-approval certificate using the model set out in Appendix 4 to Annex I.

Article 7U.K.Amendments to type-approvals

Articles 13, 14 and 16 of Directive 2007/46/EC shall apply to any amendments to the type-approvals granted in accordance to Regulation (EC) No 715/2007.

At the manufacturer's request the provisions specified in Section 3 of Annex I shall apply without the need for additional testing only to vehicles of the same type.

Article 8U.K.Conformity of production

1.Measures to ensure the conformity of production shall be taken in accordance with the provisions of Article 12 of Directive 2007/46/EC.

In addition, the provisions laid down in Section 4 of Annex I to this Regulation and the relevant statistical method in Appendices 1 and 2 to that Annex shall apply.

2.Conformity of production shall be checked on the basis of the description in the type-approval certificate set out in Appendix 4 to Annex I to this Regulation.

Article 9U.K.In service conformity

1.Measures to ensure in-service conformity of vehicles type-approved under this Regulation shall be taken in accordance with Annex X to Directive 2007/46/EC and Annex II to this Regulation.

[F12. The in-service conformity checks shall be appropriate for confirming that tailpipe and evaporative emissions are effectively limited during the normal life of vehicles under normal conditions of use.

3. In-service conformity shall be checked on properly maintained and used vehicles, in accordance with Appendix 1 of Annex II, between 15 000  km or 6 months whichever occurs later and 100 000  km or 5 years whichever occurs sooner. In service conformity for evaporative emissions shall be checked on properly maintained and used vehicles, in accordance with Appendix 1 of Annex II, between 30 000  km or 12 months whichever occurs later and 100 000  km or 5 years whichever occurs sooner.

The requirements for in-service conformity checks are applicable until 5 years after the last Certificate of Conformity or individual approval certificate is issued for vehicles of that in-service conformity family.

4. In-service conformity checks shall not be mandatory if the annual sales of the in-service conformity family are less than 5 000 vehicles in the Union for the previous year. For such families, the manufacturer shall provide the approval authority with a report of any emissions related warranty, repair claim and OBD fault as set out in point 4.1 of Annex II. Such in-service conformity families may still be selected to be tested in accordance with Annex II.

5. The manufacturer and the granting type approval authority shall perform in-service conformity checks in accordance with Annex II.

6. The granting approval authority shall take the decision on whether a family failed the provisions of in-service conformity, following a compliance assessment and approve the plan of remedial measures presented by the manufacturer in accordance with Annex II.]

[F67. If a type approval authority has established that an in-service conformity family fails the in-service conformity check, it shall notify without delay the granting type approval authority, in accordance with Article 30(3) of Directive 2007/46/EC.

Following that notification and subject to the provisions of Article 30(6) of Directive 2007/46/EC, the granting approval authority shall inform the manufacturer that an in-service conformity family fails the in-service conformity checks and that the procedures described in points 6 and 7 of Annex II shall be followed.

If the granting approval authority establishes that no agreement can be reached with a type approval authority that has established that an in-service conformity family fails the in-service conformity check, the procedure pursuant to Article 30(6) of Directive 2007/46/EC shall be initiated.

8. In addition to points 1 to 7, the following shall apply to vehicles type approved according to Part B of Annex II.

(a) Vehicles submitted to multi-stage type-approval, as defined in Article 3(7) of Directive 2007/46/EC, shall be checked for in service conformity in accordance with the rules for multistage approval set out in point 5.10.6 of Part B of Annex II to this Regulation.

(b) Armoured vehicles, hearses and wheelchair accessible vehicles, as defined in points 5.2 and 5.5 of Part A of Annex II to Directive 2007/46/EC respectively, shall not be subject to the provisions of this Article. All other special purpose vehicles as defined in point 5 of Part A of Annex II to Directive 2007/46/EC, shall be checked for in service conformity in accordance with the rules for multistage type-approvals set out in Part B of Annex II to this Regulation.]

Textual Amendments

Article 10U.K.Pollution control devices

1.The manufacturer shall ensure that replacement pollution control devices intended to be fitted to EC type-approved vehicles covered by the scope of Regulation (EC) No 715/2007 are EC type-approved, as separate technical units within the meaning of Article 10(2) of Directive 2007/46/EC, in accordance with Article 12, Article 13 and Annex XIII to this Regulation.

Catalytic converters and particulate filters shall be considered to be pollution control devices for the purposes of this Regulation.

The relevant requirements shall be deemed to be met if all the following conditions are fulfilled:

(a)the requirements of Article 13 are met;

(b)the replacement pollution control devices have been approved according to UN/ECE Regulation No 103(3).

In the case referred to in the third subparagraph Article 14 shall also apply.

2.Original equipment replacement pollution control devices, which fall within the type covered by point 2.3 of the Addendum to Appendix 4 to Annex I and are intended for fitment to a vehicle to which the relevant type-approval document refers, do not need to comply with Annex XIII provided they fulfil the requirements of points 2.1 and 2.2 of that Annex.

3.The manufacturer shall ensure that the original pollution control device carries identification markings.

4.The identification markings referred to in paragraph 3 shall comprise the following:

(a)the vehicle or engine manufacturer's name or trade mark;

(b)the make and identifying part number of the original pollution control device as recorded in the information referred to in point 3.2.12.2 of Appendix 3 to Annex I.

Article 11U.K.Application for EC type-approval of a type of replacement pollution control device as a separate technical unit

1.The manufacturer shall submit to the approval authority an application for EC type-approval of a type of replacement pollution control device as a separate technical unit.

The application shall be drawn up in accordance with the model of the information document set out in Appendix 1 to Annex XIII.

2.In addition to the requirements laid down in paragraph 1, the manufacturer shall submit to the technical service responsible for the type-approval test all of the following:

(a)a vehicle or vehicles of a type approved in accordance with this Regulation equipped with a new original equipment pollution control device;

(b)one sample of the type of the replacement pollution control device;

(c)an additional sample of the type of the replacement pollution control device, in the case of a replacement pollution control device intended to be fitted to a vehicle equipped with an OBD system.

3.For the purposes of point (a) of paragraph 2, the test vehicles shall be selected by the applicant with the agreement of the technical service.

The test vehicles shall comply with the requirements set out in Section 3.2 of Annex 4a to UN/ECE Regulation No 83.

The test vehicles shall respect all of the following requirements:

(a)they shall have no emission control system defects;

(b)any excessively worn out or malfunctioning emission-related original part shall be repaired or replaced;

(c)they shall be tuned properly and set to manufacturer's specification prior to emission testing.

4.For the purposes of points (b) and (c) of paragraph 2, the sample shall be clearly and indelibly marked with the applicant's trade name or mark and its commercial designation.

5.For the purposes of point (c) of paragraph 2, the sample shall have been deteriorated as defined under point (25) of Article 2.

Article 12U.K.Administrative provisions for EC type-approval of replacement pollution control device as separate technical unit

1.If all the relevant requirements are met, the type approval authority shall grant an EC type-approval for replacement pollution control devices as separate technical unit and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.

The approval authority shall not assign the same number to another replacement pollution control device type.

The same type-approval number may cover the use of that replacement pollution control device type on a number of different vehicle types.

2.For the purposes of paragraph 1, the approval authority shall issue an EC type-approval certificate established in accordance with the model set out in Appendix 2 to Annex XIII.

3.If the applicant for type-approval is able to demonstrate to the approval authority or technical service that the replacement pollution control device is of a type indicated in section 2.3 of the Addendum to Appendix 4 to Annex I, the granting of a type-approval shall not be dependent on verification of compliance with the requirements specified in section 4 of Annex XIII.

Article 13U.K.Access to vehicle OBD and vehicle repair and maintenance information

1.Manufacturers shall put in place the necessary arrangements and procedures, in accordance with Articles 6 and 7 of Regulation (EC) No 715/2007 and Annex XIV of this regulation, to ensure that vehicle OBD and vehicle repair and maintenance information is readily accessible.

2.Approval authorities shall only grant type-approval after receiving from the manufacturer a Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.

3.The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall serve as the proof of compliance with Article 6(7) of Regulation (EC) No 715/2007.

4.The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall be drawn up in accordance with the model set out in Appendix 1 of Annex XIV.

5.If the vehicle OBD and vehicle repair and maintenance information is not available, or does not conform to Article 6 and 7 of Regulation (EC) No 715/2007 and Annex XIV of this Regulation, when the application for type-approval is made, the manufacturer shall provide that information within six months of the date of type approval.

6.The obligations to provide information within the period specified in paragraph 5 shall apply only if, following type-approval, the vehicle is placed on the market.

When the vehicle is placed on the market more than six months after type-approval, the information shall be provided on the date on which the vehicle is placed on the market.

7.The approval authority may presume that the manufacturer has put in place satisfactory arrangements and procedures with regard to access to vehicle OBD and vehicle repair and maintenance information, on the basis of a completed Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information, providing that no complaint was made, and that the manufacturer provides this information within the period set out in paragraph 5.

8.In addition to the requirements for the access to OBD information that are specified in Section 4 of Annex XI, the manufacturer shall make available to interested parties the following information:

(a)relevant information to enable the development of replacement components which are critical to the correct functioning of the OBD system;

(b)information to enable the development of generic diagnostic tools.

For the purposes of point (a), the development of replacement components shall not be restricted by: the unavailability of pertinent information, the technical requirements relating to malfunction indication strategies if the OBD thresholds are exceeded or if the OBD system is unable to fulfil the basic OBD monitoring requirements of this Regulation; specific modifications to the handling of OBD information to deal independently with vehicle operation on petrol or on gas; and the type-approval of gas-fuelled vehicles that contain a limited number of minor deficiencies.

For the purposes of point (b), where manufacturers use diagnostic and test tools in accordance with ISO 22900 Modular Vehicle Communication Interface (MVCI) and ISO 22901 Open Diagnostic Data Exchange (ODX) in their franchised networks, the ODX files shall be accessible to independent operators via the web site of the manufacturer.

9.The Forum on Access to Vehicle Information (the Forum).

The Forum shall consider whether access to information affects the advances made in reducing vehicle theft and shall make recommendations for improving the requirements relating to access to information. In particular, the Forum shall advise the Commission on the introduction of a process for approving and authorising independent operators by accredited organisations to access information on vehicle security.

The Commission may decide to keep the discussions and findings of the Forum confidential.

Article 14U.K.Compliance with the obligations regarding access to vehicle OBD and vehicle repair and maintenance information

1.An approval authority may, at any time, whether on its own initiative, on the basis of a complaint, or on the basis of an assessment by a technical service, check the compliance of a manufacturer with the provisions of Regulation (EC) No 715/2007, this Regulation, and the terms of the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.

2.Where an approval authority finds that the manufacturer has failed to comply with its obligations regarding access to vehicle OBD and vehicle repair and maintenance information, the approval authority which granted the relevant type approval shall take appropriate steps to remedy the situation.

3.The steps referred to in paragraph 2 may include withdrawal or suspension of type-approval, fines, or other measures adopted in accordance with Article 13 of Regulation (EC) No 715/2007.

4.The approval authority shall proceed to an audit in order to verify compliance by the manufacturer with the obligations concerning access to vehicle OBD and vehicle repair and maintenance information, if an independent operator or a trade association representing independent operators files a complaint to the approval authority.

5.When carrying out the audit, the approval authority may ask a technical service or any other independent expert to carry out an assessment to verify whether these obligations are met.

Article 15U.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.

[F22. 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.

[F1With 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.

[F6With 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:

[F3(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[F1.]

[F9((d) F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

((e)] F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4Where 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:

[F2(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;]

[F1(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.

[F6For 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.

[F47. 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.]

[F68. 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 (4) .

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

Article 16U.K.Amendments to Directive 2007/46/EC

Directive 2007/46/EC is amended in accordance with Annex XVIII to this Regulation.

Article 17U.K.Amendments to Regulation (EC) No 692/2008

Regulation (EC) No 692/2008 is amended as follows:

(1)

In Article 6, paragraph 1, shall be replaced by the following text:

‘1.If all the relevant requirements 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.

Without prejudice to the provisions of Annex VII to Directive 2007/46/EC, Section 3 of the type-approval number shall be drawn up in accordance with Appendix 6 to Annex I to this Regulation.

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

The requirements of Regulation (EC) No 715/2007 shall be deemed to be met if all the following conditions are fulfilled:

(a)the requirements of Article 3(10) of this Regulation are met;

(b)the requirements of Article 13 of this Regulation are met;

(c)the vehicle has been approved according to UN/ECE Regulations No 83, series of amendments 07; No 85 and its supplements, No 101, Revision 3 (comprising series of amendments 01 and their supplements) and in the case of compression ignition vehicles No 24 Part III, series of amendments 03.

(d)the requirements of Article 5(11) and (12) are met.’

(2)

the following Article 16a is added:

‘Article 16aTransitional provisions

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, this Regulation shall only apply for the purposes of assessing the following requirements of vehicles type-approved in accordance with this Regulation before those dates:

(a)

conformity of production in accordance with Article 8;

(b)

in-service conformity in accordance with Article 9;

(c)

access to vehicle OBD and vehicle repair and maintenance information in accordance with Article 13;

This Regulation shall also apply for the purposes of the correlation procedure set out in Commission Implementing Regulations (EU) 2017/1152(5) and (EU) 2017/1153(6).’

(3)

Annex I is amended in accordance with Annex XVII to this Regulation.

Article 18U.K.Amendments to Commission Regulation (EU) No 1230/2012(7)

In Regulation (EU) No 1230/2012, Article 2(5) is replaced by the following:

‘(5)

“Mass of the optional equipment” means the maximum mass of the combinations of optional equipment which may be fitted to the vehicle in addition to the standard equipment in accordance with the manufacturer's specifications;’

F9Article 18bisU.K. [F9 [F4Hybrid and plug-in hybrid vehicles] ]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 19U.K.Repeal

Regulation (EC) No 692/2008 is repealed as from 1 January 2022.

Article 20U.K.Entry into force and application

This Regulation shall enter into force on the twentieth day following 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.