EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX  
[…](2018) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Regulation (EU) No 540/2014 of the European Parliament and of the Council  
on the sound level of motor vehicles and of replacement silencing systems  
(Text with EEA relevance)   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Hybrid electric and pure electric vehicles, also called Quiet Road Transport Vehicles 
(QRTV), emit sound of substantially reduced level, compared to vehicles with internal 
combustion engine, thus resulting in environmental benefits. That reduction has remo ved an 
important source of audible signal that warns vulnerable road users, typically visually 
impaired persons or cyclists, of the vehicle approach, presence or departure.  
Type -approval requirements with regard to sound emissions applying  to vehicles of c ategories 
M and N are set out in Regulation (EU) No 540/20141. In this Regulation minimum sound 
emission requirements are also laid down for the installation of Acoustic Vehicle Alerting 
System (AVAS) on QRTV, aiming t o the warning of vulnerable road users  for their safety 
towards the presence of such vehicles.  Those requirements are already detailed at the same 
level of UN Regulation No 138 on the approval of QRTV2.  
It is now necessary to update  the AVAS requirements in Regulation (EU) No 540/2014 by 
taking into account the amendment 01  to UN Regulation No 138 , for the improvement of 
safety measures of vulnerable users, through the prohibition of the AVAS pause function . At 
the same time, the Commission shall fulfil the legislative obligation of UNECE 1958  
Agreement to apply the AVAS requirements  set out  in 01 series of amendments  to UN 
Regulation No 138, and to which the Union has acceded . 
This act aims at amending Annex VIII of Regulation (EU) No 540/2014 with AVAS technical 
requirements , by referring to 01 series of amendments to UN Regulation No 138 . 
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
In the preparation of this act, the Commission carried out appropriate consultations at expert 
level compris ing the relevant industrial stakeholders, social partners a nd Member State 
experts.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
(a) Legal basis  
The legal basis of this delegated act  is Article 9 of Regulation (EU) No 540/2014 of the 
European Parliament and of the Council of 16  April 2014 on the sound level of mot or 
vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and 
repealing Directive 70/157/EEC . 
(b) Choice of instruments  
A regulation is the appropriate instrument to amend Regulation (EU) No 540/2014. 
                                                 
1 Regulation (EU) No 540/2014 of the European Parliament and of the Cou ncil of 16  April 2014 on the 
sound level of motor vehicles and of replacement silencing systems, and amending Directive 
2007/46/EC and repealing Directive 70/157/EEC  (OJ L 158, 27.5.2014, p. 1 31) 
2 Regulation No 138 of the Economic Commission for Europe of the United Nations (UNECE) — 
Uniform provisions concerning the approval of Quiet Road T ransport Vehicles with regard to their 
reduced audibility [2017/71] (OJ L 9, 13.1.2017, p. 33)  EN 2  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Regulation (EU) No 540/2014 of the European Parliament and of the Council  
on the sound level of motor vehicles and of replacement silencing systems  
(Text with EEA releva nce) 
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) No 540/2014 of the European Parliament and of the 
Council of 16 April 2014 on the sound level of motor vehicles and of repl acement silencing 
systems, and amending Directive 2007/46/EC and  repealing Directive 70/157/EEC3, and in 
particular the second paragraph of A rticle 8 and Article 9 thereof,  
Whereas:  
(1) Regulation (EU) No 540/2014 lays down requirements for the EU type -approva l of all 
new vehicles of categories M (vehicles  used for the carriage of passengers ) and N 
(vehicles  used for the carriage of goods ) with regard to their sound level . That 
Regulation also lays down measures concerning the Acoustic Vehicle Alerting System 
(AVAS) for hybrid electric and pure electric vehicles , aiming at the warning of 
vulnerable road users.  
(2) The information document pursuant to Annex I to Directive 2007/46/EC  of the 
European Parliament and of the Council4 relating to EU type -approval of a veh icle 
with respect to the permissible sound level should be reviewed to reflect the detailed 
requirements on AVAS.  
(3) Following the adoption, at the 171st  session  of the World Forum for Harmonization of 
Vehicle Regulations  of the United Nations Economic Commis sion for Europe 
(UNECE) , of the 01 series of amendments to UN Regulation 138 on the approval of 
quiet road transport vehicles , Annex VIII to Regulation (EU) No 540/2014 should be 
reviewed in order to introduce the AVAS pause function prohibition.  
(4) Regulatio n (EU) No 540/2014  should therefore be amended accordingly.  
(5) Considering that  this Regulation contains a n adaptation  to reflect requirements 
pertaining to  the AVA S pause function  already applicable under the UNECE 1958 
Agreement , and introduces the necessary transitional provisions for application in 
2019, it should enter into force as a matter of urgency , 
                                                 
3 OJ L 158, 27.5.2014, p. 1 31. 
4 Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a 
framework for the approval  of motor vehicles and their trailers, and of systems, components and separate 
technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).  EN 3  EN HAS ADOPTED THIS REGULATION:  
Article 1  
Annexes I and VIII to Regulation (EU) No 540/2014 are amended in accordance with  the 
Annex to this Regulation.  
Article  2 
This Regulation shall enter into force on the third  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