3.—(1) In article 3(1)—
(a)in paragraph (e) of the definition of “manufacturer”, after “Regulation (EU) 2017/1151”(1) insert “or Regulation (EU) 595/2009”(2);
(b)after the definition of “type approval” insert—
““UN Regulation No 154” means UN Regulation No 154 – Uniform provisions concerning the approval of light duty passenger and commercial vehicles with regards to criteria emissions, emissions of carbon dioxide and fuel consumption and/or the measurement of electric energy consumption and electric range (WLTP)(3);”;
(c)in paragraph (b) of the definition of “the zero-emission conditions”, after “van or SPV,” insert “and subject to paragraph (8A),”.
(2) After article 3(8) insert—
“(8A) Condition B does not need to be met in the case of a vehicle which was type-approved in accordance with Annex 21 to Regulation (EU) 2017/1151 as a Fuel Cell Vehicle or a Fuel Cell Hybrid Vehicle where the fuel cell is powered by hydrogen.
(8B) For the purposes of paragraph (8A)—
“Fuel Cell Vehicle” has the same meaning as in—
point 3.3.19 of Annex XXI of Regulation (EU) 2017/1151 as that Regulation has effect in domestic law, or
where the Regulation (EU) 2017/1151 as that Regulation applies in EU law is relevant, paragraph 3.3.19 of UN Regulation No 154;
“Fuel Cell Hybrid Vehicle” has the same meaning as in—
point 3.3.20 of Annex XXI of Regulation (EU) 2017/1151 as that Regulation has effect in domestic law, or
where the Regulation (EU) 2017/1151 as that Regulation applies in EU law is relevant, paragraph 3.3.20 of UN Regulation No 154.”.
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, as that Regulation has effect in domestic law (EUR 2017/1151, amended by S.I. 2022/1273), or, as the case may be, as it has effect in EU law from time to time and by virtue of the Windsor Framework (OJ No. L 175, 07.07.2017, p.1; amended by Commission Regulation (EU) 2017/1154, 2017/1347 and 2018/1832).
Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC, as that Regulation has effect in domestic law (EUR 595/2009, amended by S.I. 2022/1273), or, as the case may be, as it has effect in EU law from time to time and by virtue of the Windsor Framework (OJ No. L 188, 18.7.2009, p. 1; amended by Commission Regulation (EU) No 582/2011 and 133/2014, Regulation (EU) 2018/858 and Regulation (EU) 2019/1242).
OJ L 423, 26.11.2021, p. 1.