EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
[…](2015) XXX  draft 
  
COMMISSION DELEGATED REGULATION (EU) …/... 
of XXX  
amending Delegated Regulation (EU) No 3/2014, Delegated Regula tion (EU) No 44/2014 
and Delegated Regulation (E U) No 134/2014 with regard, respectively, to vehicle 
functional safety requirements, to vehicle construction and general requirements and to 
environmental and propulsion unit performance requirements 
(Text with EEA relevance) 
  
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT 
The term ‘L-category vehicles’ covers a wide range  of light vehicle types with two, three or four 
wheels, e.g. powered cycles, two- and three-wh eel mopeds, two- and th ree-wheel motorcycles, 
motorcycles with side-cars and four -wheel vehicles (quadricycles) su ch as on-road qua ds, all-terrain 
vehicles and quadrimobiles. 
Directive 2002/24/EC1 and its implementing Directives listed in its Annex I, which is the approval 
package for L-category vehicles in force, is repealed by 31 December 2015 and subsequently replaced by Regulation (EU) No 168/2013
2 and its four delegated and implementing acts. 
The European Commission has kept track of fl aws in Regulation (EU) No 168/2013 and its four 
delegated and implementing acts during the pe riod March 2013 to 31 January 2015 in dedicated 
tracking lists that are regul arly updated. Also questions  on interpretation of the text which were raised 
by stakeholders and authorities du ring this period and associated re plies from the Commission have 
been collected since March 2013. As L-category ve hicles could already be  approved on a voluntary 
basis in accordance with Regulation (EU) No 168/ 2013 as of 22 September 2014 any change of the 
wording deemed necessary to improve clarity of the te xt in the delegated acts has been included in this 
amending act. 
In order to ensure continuous improvement and ad aptation to technical progress of this new legal 
package to approve L-category vehi cles, which is applicable on a ma ndatory basis as of 01 January 
2016, and to address some flaws in  the three delegated acts supp lementing Regulation (EU) No 
168/2013 containing technical requireme nts and test procedures, this amending act has been compiled 
and is proposed for adoption at the earliest possible delay. 
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT 
(a) Consultation of interested parties 
Regularly the evolving tracking list s with flagged errors, interpreta tion questions and comments have 
been shared with the participan ts of the Motor Cycle Working Group (MCWG) meetings and have 
been discussed at length. 
The consultation targeted the groups most affected, in cluding type-appro val authorities, manufacturers, 
suppliers and consumers. 
The Commission has acknowledged the receipt of all que stions from stakeholders, and these plus the 
replies from the Commission have been made publicly available. 
Not only EU stakeholders have been consulted but al so internationally at the level of the UNECE with 
contracting parties to the 1958 and 1998 Agreements have been requeste d to review the text and the 
tracking lists and to provide comments. Additional que stions raised by these international stakeholders 
and answers from the Commission have been include d in the tracking lists, which form the basis of 
this amending act. 
(a) Consultation methods, main sectors targ eted and general profile of respondents 
The Commission consulted stakeholders in a number of ways: 
The public consultation, covering possi ble controversial aspe cts of the Codecision proposal, took place 
on the internet between 22 December 2008 and 27 February 2009. Reactions were received from 
                                                 
1 OJ L 124, 9.5.2002, p. 1 
2 OJ, L60, 2.3.2013, p. 52  
EN 3   EN Member States, the L-category vehicle and component manufacturing industry, transport 
organisations, user organisations, other non-governmental  organisations and privat e individuals as well 
as from international stakeholders under the umbrella of the UNECE. 
The contents of the draft Codeci sion proposal and its s upplementing draft delegated and implementing 
acts before adoption were discussed in all the meetings of the Commission’s Working Group on L 
category vehicles (MCWG) in the period 2009 - 2013. The same approach has been followed with 
respect to some concerns that prevent flawless implementation of  Regulation (EU) No 168/2013 from 
2013 onwards to date that are a ddressed in this amending act. 
Finally, many bilateral meetings were held in which individual stakeholders co uld freely express their 
views and raise issues. All those elements that need  improvement to make this new package work in 
daily practice have been incor porated in this amending act. 
(b) Impact assessment 
As this amending act only concerns changes seekin g to clarify the text of the delegated acts 
supplementing Regulation (EU) No 168/.2013 and impr oving wording in order to ensure flawless 
approvals in a timely manner withou t changing the intention of the base measures assessed in the base 
impact assessment conducted back in 2009, it was not  deemed necessary to conduct a supplemental 
impact assessment in support of this ame nding act. The results of the impact assessment3 carried out in 
support of adopting Regulation (EU) No 168/2013 and its delegated and implementing acts remain 
valid. 
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT 
(a) Legal basis  
The legal basis of this delegate d act is Regulation (EU) No 168/2013 of the European Parliament and 
of the Council of 15 January 2013 on the approval a nd market surveillance of two- or three-wheel 
vehicles and quadricycles. 
(b) Choice of instruments  
The use of a Regulation is considered to be appropria te in that it provides the required assurance for 
compliance while not requiri ng transposition into Memb er States’ legislation. 
The delegated act uses the ‘split-l evel approach’ originally introduced  at the request of the European 
Parliament and used in other legislation for EU  type-approval of motor vehicles. This approach 
provides for legislation in three steps: 
– the fundamental provisions a nd scope are laid down by the Eu ropean Parliament and the 
Council in Codecision Regulation (EU) No 168/2013 based on Article 114 TFEU in 
accordance with the ordinary  legislative procedure; 
– the technical specifications asso ciated with the fundamental pr ovisions are laid down in three 
delegated acts (Article 290): 
– Commission Delegated Regul ation (EU) No 3/2014 of 24 October 2013 supplementing 
Regulation (EU) No 168/2013 of the European  Parliament and of  the Council with 
regard to vehicle functional sa fety requirements for the approv al of two- or three-wheel 
vehicles and quadricycles is amended in accordance with Annex I to this Regulation. 
– Commission Delegated Regulation (EU)  No 44/2014 of 21 November 2013 
supplementing Regulation (EU) No 168/2013 of the European Parliament and of the Council with regard to the vehicle cons truction and general requirements for the 
                                                
 
3 SEC(2010) 1152  
EN 4   EN approval of two- or three- wheel vehicles  and quadricycles is amended in accordance 
with Annex II to this Regulation. 
– Commission Delegated Regulation (EU) No 134/2014 of 16 December 2013 
supplementing Regulation (EU) No 168/2013 of the European Parliament and of the Council with regard to environmental a nd propulsion unit performance requirements 
and amending Annex V thereof is amended in accordance with Annex III to this Regulation. 
– the administrative provisions regarding the info rmation document, the definitions in the type-
approval certificate, the certificate of confor mity and associated production conformity 
requirements, etc. are laid down in: 
– Commission Implementing Regulation (EU) No 901/2014 of 18 July 2014 
implementing Regulation (EU) No 168/2013 of the European Parliament and of the 
Council with regard to the administrative requirements for the approval and market 
surveillance of two- or three-wheel vehicles and quadricycles. 
Clarifying amendments of the delegated and im plementing acts shall follow the same adoption 
procedures as the base delegated and implementing acts. Consequently  this delegated act seeking to 
amend the three base delegated ac ts to Regulation (EU) No 168/2013 sh all be adopted in accordance 
with the advisory procedure.  
EN 5   EN COMMISSION DELEGATED RE GULATION (EU) …/... 
of XXX  
amending Delegated Regulation  (EU) No 3/2014, Delegated Re gulation (EU) No 44/2014 and 
Delegated Regulation (EU) No 134/2014 with regard, respectively, to  vehicle functional safety 
requirements, to vehicle construction and ge neral requirements and to environmental and 
propulsion unit performance requirements 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU)  No 168/2013 of the European Par liament and of the Council of 
15 January 2013 on the approv al and market surveillance of tw o- or three-wheel  vehicles and 
quadricycles
4, and in particular Article 18(3), Article 20(2), Article 21(5), Ar ticle 22(5), Article 
23(12), Article 24(3), Article 25(8 ) and Article 54(3) thereof, 
Whereas: (1) The Commission has kept track of issues encountered and pointed out by approval 
authorities and stakeholders in Regulati on (EU) No 168/2013, as well as Commission 
Delegated Regulation (EU) No 3/2014
5, Commission Delegated Regulation (EU) No 
44/20146 and Commission Delegated Regulation (EU) No 134/20147 supplementing 
Regulation (EU) No 168/2013; in order to ensure  accurate application of those Regulations, 
some of the issues identified should be addressed by way of amendments. 
(2) In order to ensure consistency and effectiv eness of the EU type-approval system for L-
category vehicles, it is necessary to conti nuously improve the technical requirements and 
test procedures set out in those delegated acts a nd adapt them to technical progress. It is also 
necessary improve the clarity  of those delegated acts. 
(3) The following amendments to Delegated Re gulation (EU) No 3/2014 with regard to 
technical requirements and test procedures in the area of vehicle functional safety should be 
included in the Annexes to that Delegate d Regulation with a view to improving its 
consistency and clarity: the list set out in A nnex I to Delegated Regul ation (EU) No 3/2014 
containing the applicable UNECE Regulations should be updated and its Annex XV on tyre 
installation should be further clarified by adding the provisions on the manufacturer 
declaration with respect to the permissibility of the 'category of use' with checks performed 
                                                 
4 OJ L 60, 2.3.2013, p. 52. 
5 Commission Delegated Regulation (EU) No 3/2014 of 24 October 2013 supplementing Regulation (EU) No 
168/2013 of the European Parliament and of the Council with regard to vehicle functional safety requirements for the approval of two- or three-wheel vehicles and quadricycles, OJ L 7, 10.1.2014, p.1. 
6 Commission Delegated Regulation (EU) No 44/2014 of 21 November 2013 supplementing Regulation (EU) 
No 168/2013 of the European Parliament and of the Council with regard to the vehicle construction and 
general requirements for the approval of two- or three-  wheel vehicles and quadri cycles, OJ L 25, 28.1.2014, 
p.1. 
7 Commission Delegated Regulation (EU) No 134/2014 of  16 December 2013 supplementing Regulation (EU) 
No 168/2013 of the European Parliament and of the Council with regard to environmental and propulsion unit 
performance requirements and amending Annex V thereof, OJ L 53, 21.2.2014, p.1.  
EN 6   EN accordingly. Further clarifications should be added to Annex XVII to Delegated Regulation 
(EU) 3/2014 regarding interior fittings, to its Annex XVIII with regard to maximum power 
limitation and to its Annex XIX with respect to structural integr ity requirements, in 
particular those for powered cycles in  the scope of Regulation (EU) No 168/2013. 
(4) For the purposes of completeness and accuracy, it is appropriate that the list of UNECE 
regulations that apply on a compulsory basi s set-out in Annex I to Delegated Regulation 
(EU) No 3/2014 includes UNECE regulations  Nos 1, 3, 6, 7, 8, 16,  19, 20, 28, 37, 38, 39, 
43, 46, 50, 53, 56, 57, 60, 72, 74, 75, 78, 81, 82, 87, 90, 98, 99, 112 and 113. 
(5) The following amendments to Delegated Regul ation (EU) No 44/2014 should be made in 
order to improve consistency and accuracy: Annex I to Delegated Regulation (EU) No 
44/2014 contains a list of app licable UNECE Regulations, whic h should be updated; Annex 
II to Regulation (EU) No 44/2014 should be  supplemented with respect to marking 
requirements for parts, equipment and compone nts for the purposes of identification and 
prevention of tampering; Annex III to that Delegated Regulation should be amended to 
provide clarifications on the requirements concerning the conversion of vehicles of 
subcategories L3e/L4e-A2 into A3 motorcycles and vice versa ; certain amendments should 
be made in Annex XI to Delegated Regula tion (EU) No 44/2014 on masses and dimensions, 
in particular relating to the ground clearanc e definition of subcategories L3e-AxE (Enduro 
motorcycle) and L3e-AxT (Trial motorcycle); Annex XII to Delegated Regulation (EU) No 
44/2014 should be amended as regards the st andardized on-board diagnostics connection 
interface; and certain clarifica tions should be made in Anne x XVI to the same Delegated 
Regulation on stands for these motorcycle subcategories. 
(6) On-board diagnostics (‘OBD’) is  essential for effective and e fficient repair and maintenance 
of vehicles. Accurate diagnosti cs allow the repairer to id entify fast which smallest 
exchangeable unit has to be repaired or repl aced. In order to addre ss the rapid technical 
developments in the area of pr opulsion control systems it is appropr iate to review the list of 
devices monitored for electric circuit malf unctions in 2017. By 31 December 2018, it should 
be established whether additional devices and malfunctions should be added to the list set 
out in Appendix 2 to Annex XII to Dele gated Regulation (EU) No 44/2014 provide 
sufficient time to the Member States, vehicle manufacturers, their suppliers and the repair 
industry to adapt before the entry into force of OBD stage II. PID $1C on the applicable on-
board diagnostic system may be programmed to $00 or $FF as long as its value has not been 
standardised for L-category ve hicles. For the purposes of co nsistency and completeness, as 
the publication date of the revised st andard ISO 15031-5:20xx containing such a 
standardised value dedicated to L-category ve hicles, this standardised value should be 
programmed as response to the PID $1C request of a generic scan tool.  
(7) For the purposes of completene ss and consistency, certain e quations should be  adapted in 
Annexes II and V to Delega ted Regulation (EU) No 134/ 2014; in Annex VI to that 
Delegated Regulation regarding the durability of  pollution control devices, the classification 
criteria of the SRC-LeCV distance accumula tion cycle should be adapted to technical 
progress; finally, Annex IX to Delegated Regulation (EU)  No 134/2014 should be amended 
to take into account some of  the anti-tampering provisions set out in UNECE regulations 
Nos 9, 41, 63 and 92 in the area of sound appr oval, in particular for multi-mode sound 
systems. 
(8) One of the measures against excessive hydrocar bon emissions from L-category vehicles is to 
limit the evaporative emissions to the hydrocar bon mass limits laid dow n in Annex VI(C) to 
Regulation (EU) No 168/2013. For th is purpose, a type IV test has to be conducted at type-
approval in order to measure the evaporative em issions of a vehicle. One of the requirements  
EN 7   EN of the type IV Sealed House evaporative Emission Determination (SHED) test is to fit either 
a rapidly aged carbon canister or  alternatively to apply an add itive deterioration factor when 
fitting a degreened carbon canister. It will be in vestigated in the environmental effect study 
referred to in Article 23(4) of Regulation (EU) No 168/2013 whether or not it is cost 
beneficial to maintain this deterioration factor  as alternative to fitting a representative and 
rapidly aged carbon canister. If the result of th e study demonstrates that this method is not 
cost-beneficial a proposal will fo llow in due course to delete  this alternative and should 
become applicable beyond the Euro 5 step.  
(9) A standardised method for measuring vehicl es’ energy efficiency (fuel or energy 
consumption, carbon dioxide emissi ons as well as electric range) is necessary to ensure that 
no technical barriers to trade arise between Memb er States and also to ensure that customers 
and users are supplied with objective and pr ecise information. Until a harmonised test 
procedure is agreed upon for category L1e vehicl es designed to pedal, referred to in Annex I 
to Regulation (EU) No 168/2013 and in point  1.1.2. of Annex XIX to Delegated Regulation 
(EU) No 3/2014, those category L1 e vehicles should be exempted  from the electric range 
test. 
(10) Delegated Regulation (EU) No 3/2014, Delegated Regulation (EU) No 44/2014 and 
Delegated Regulation (EU) No 134/2014 shoul d therefore be amended accordingly. 
(11) Given that Regulation (EU) No 168/2013, Dele gated Regulation (EU) No 3/2014, Delegated 
Regulation (EU) 44/2014 and Dele gated Regulation (EU) 134/ 2014 are already applicable 
and that the amendments to those acts include  number of corrections, this Regulation should 
enter into force as soon as possible, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Delegated Regulation (EU) No 3/2014 is amended as follows: 
(1) in Article 3(2), ‘Manufacturers’ is replaced  by ‘Manufacturers of parts and equipment’; 
(2) the Annexes are amended in accordance with Annex I to this Regulation. 
Article 2 
Delegated Regulation (EU) No 44/2014 is amended as follows:  
(1) in Article 3(2), ‘Manufacturers’ is replaced  by ‘Manufacturers of parts and equipment’; 
(2) the Annexes are amended in accordance with Annex II to this Regulation. 
Article 3 
Delegated Regulation (EU) No 134/2014 is amended as follows: 
(1) Article 2 is amended as follows  
(a)  in point(16), ‘ehaust’ is replaced by ‘exhaust’; 
(b) point (42) is replaced by the following: 
"(42) ‘maximum thirty minutes speed’ of a vehicle means the maximum achievable 
vehicle speed measured during 30 minutes as  a result of the 30 minute power set out 
in UNECE regulation No 85*; 
_______________  
EN 8   EN * OJ L 326, 24.11.2006, p. 55."; 
(2) in Article 3(4), ‘manufacturer’ is replaced  by ‘manufacturer of parts and equipment’; 
(3) the Annexes are amended in accordance with Annex III to this Regulation. 
Article 4 
This Regulation shall enter into force on the fi rst day following that of 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. 
Done at Brussels, 
 For the Commission 
 The President  Jean-Claude Juncker