EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2020) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annex X to Regulation (EU) 2018/858 of the European Parliament and of the 
Council as regards the standardised access to vehicle on -board diagnostics information 
and repair and maintenance information, and the requirements and procedures for 
access  to vehicle security information   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 of May 2018 
on the  approval and market surveillance of motor vehicles  and their trailers, and of systems, 
components and separate technical units intended for such vehicles, amending Regulations 
(EC) No 715/2007 and (EC) 595/2009 and repealing Directive 2007/46/EC1 requires  
manufacturers to provide unrestricted and standardised access to vehicle OBD information, 
diagnostic and other equipment tools including the complete references, and available 
downloads, of the applicable software  and vehicle r epair and maintenance inform ation to 
independent operators through websites using a standardised format.  
New standards to facilitate the exchange of information between manufacturers and service 
providers have been agreed by CEN/ISO, with the involvement of both parties . It is there fore 
appropriate to refer to  the use of the technical specifications of ISO 18541.  
In addition, measures should be laid down for the implementation of Article 66(2) of 
Regulation (EU) 2018/858 with regard to the  process by which accredited organisations 
approve and authorise independent operators to access information on vehicle security  in 
accordance with the recommendations of the Forum on Access to Vehicle Information  
established under Regulation 692/2008.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT 
In the preparation of this act, the Commission carried out appropriate consultations at expert 
level comprising the relevant stakeholders, social partners and Member State experts.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The legal basis of this delegated act is Article 61(11) of Regulation (EU) 2018/858 of the 
European Parliament and of the Council of 30 of May 2018 on the approval and market 
surveillance of motor vehicles and their trailers, and of systems, components and separate 
technical units intended  for such vehicles, amending Regulations (EC) No 715/2007 and (EC) 
595/2009 and repealing Directive 2007/46/EC.  
                                                 
1 OJ L 151, 14.6.2018, p. 1.  EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Annex X to Regulation (EU) 2018/858 of the European Parliament and of the 
Council as regards the standardised access to vehicle on -board diagnostics information 
and repair and maintenance information, and the requirements and procedures for 
access to vehicle security informatio n 
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to  Regulation (EU) 2018/858 of the European Parliament and of the Council of 
30 May 2018 on the approval and market surveillance of motor vehicle s and their trailers, and 
of systems, components and separate technical units intended for such vehicles, amending 
Regulations (EC) No 715/2007 and (EC) 595/2009 and repealing Directive 2007/46/EC2, and 
in particular Article  61(11) thereof,  
Whereas:  
(1) Article  61(2) of Regulation 2018/858 require s vehicle manufacturers  to make vehicle 
on-board diagnostics ( OBD ) information and vehicle repair and maintenance  
information  (RMI)  available on their own website s. There are, however , no 
harmonised criteri a as to the manner in which that information is to be made available , 
which requires  independent operators to adapt to  numerous and different Web services 
and terminology.  
(2) The Report from the Commission to the European Parliament and the Council  of 9 
December 20 163 on the operation of the system of access to vehicle repair and 
maintenance information  concluded that by standardising those websites and the 
corresponding terminology the burden on independent operators could be alleviated . 
(3) Since access to vehicle OBD  information and vehicle RMI should be possible 
regardless of the type of powertrain of a vehicle, it is necessary to clarify that such 
access is not only compulsory for emission related requirements but also for  safety 
critical related on -board diagnostic  information . 
(4) On 15 September 2014,  the European Committee for Standardisation  (CEN ) published  
Parts 1 to 5 of standard ISO 18541  ‘Road vehicles — Standardized access to 
automotive repair and maintenance information (RMI) ’. Those parts aim at facilitat ing 
the exchange between manufacturers and independent operators  of vehicle OBD 
information and vehicle RMI  by establishing the technical requirements and 
procedures for facilitating access to that information . It is therefore appropri ate to refer 
in Annex X to Regulation (EU) 2018/858 to the requirements of Parts 1 to 5 of 
standard ISO 18541 . 
                                                 
2 OJ L 151, 14.6.2018, p. 1.  
3 Report from the Commission to the European Parliament and  the Council  on the operation of the 
system of access to vehicle repair and maintenance information  established by Regul ation (EC) No 
715/2007 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 , 
COM (2016 ) 0782 final . EN 3  EN (5) Given that v ehicle OBD information and vehicle RMI includes information which is 
vital for ensuring the security of the vehicle , access to certain vehicle security featu res 
should only be provided  to independent operators complying with the requirements  
laid down in this Annex . 
(6) According to the recommendations of t he Forum o n Access to Vehicle Information , 
referred to in Article 66(1) of Regulation (EU) 2018/858, those requirements should 
include the approval of the independent operators concerned and the authorisation of 
their employees engaged in the relevant activities  by accredited entities . It is therefore 
necessary to lay down the p rocedure for the accreditation, a pproval and authorisation 
of independent operators to access vehicle security features , which should be based on 
the ‘Scheme for accreditation, approval and authorization to Access Security -related 
Repair and Maintenance Information (RMI)’ , which was  valid ated on 19 May 2016 by 
the European co -operation for Accreditation . It is also necessary to assess  whether 
such operators are not involved in illegitimate business activities.  
(7) In addition, it is necessary to lay down the  role and responsibilities of the bodies 
involved in the approval  and a uthorisation of  independent operators  and their 
employees  to be granted access to security -related vehicle repair and maintenance 
information . 
(8) In order to enable Member States and national authorities as well as economic 
operators to prepare for the application of the new rules introduced by this Regulation, 
the date of application should be deferred . 
(9) Annex X to Regulation (EU) 2018/858 should therefore be amended accordingly , 
HAS ADOPTED THIS REGULATION:  
Article 1  
Annex X  to Regulation (EU) 2018/858 is amended in accordance wi th the Annex to this 
Regulation.  
Article  2 
This Regulation shall enter into force on the twentieth  day following that of its publication in 
the Official Journal of the European Union . 
It shall apply from  [OJ Please insert the date of two years after  the date of publication  of this 
Regulation ]. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leyen  
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