EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2020) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
laying down rules for the application of Regulation (EU) 2019/2144 of the European 
Parliament and of the Council as regards uniform procedures and technical 
specifications for the type -approval of motor vehicles with regard to their emergency 
lane- keeping  system (ELKS)  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
laying down rules for the application of Regulation (EU) 2019/2144 of the European 
Parliament and  of the Council as regards uniform procedures and technical 
specifications for the type -approval of motor vehicles with regard to their emergency 
lane- keeping system (ELKS)  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) 2019/2144 of the European Parliament and of the Council 
of 27 November 2019 on type -approval requirements for motor vehicles and their trailers, and  
systems, components and separate t echnical units intended for such vehicles, as regards their 
general safety and the protection of vehicle occupants and vulnerable road users, amending 
Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing 
Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European 
Parliament and of the Council and Commission Regulations (EC) No 631/2010, (EU) No 
406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, 
(EU) No 1009/2010, (EU) No  19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 
65/2012, (EU) No 130/2012, (EU) 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and 
(EU) 2015/1661, and in particular Article 7(6) in conjunction with Article 7(3) thereof , 
Whereas:  
(1) Regulation (EU) 2019/2 144 of the European Parliament and of the Council lays down  
basic requirements for the type -approval of passenger cars and light commercial 
vehicles with regard to  the emergency lane-keeping system . It is necessary to elaborate 
on those requirements and establish  uniform  procedures and technical specifications  
for such type -approval.  
(2) The scope of this Regulation should be in line with that of Regulation (EU) 
2019/2144, in particular as defined in its Annex II. As such, the scope of this 
Regulation is limi ted to vehicles of categories M 1 and N 1. 
(3) The general provisions on the type -approval procedures set out in Regulation (EU) 
2018/858 of the European Parliament and of the Council2, and in particular in Chapter 
IV thereof, apply to the type-approval of motor vehicles with regard to the emergency 
lane-keeping system . However, to  allow for a consistent approach with regard to the 
information to be provided in the information document referred to in Article 24(1) (a) 
of Regulation (EU) 2018/858, the infor mation relevant for the emergency lane -keeping 
system  should be further specified in t his Regulation . 
                                                 
1 OJ L 325, 16.12.2019,  p. 1.  
2 Regulation (EC) 2018/858 of the European Parliament and of the Council of 30 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) 
No 595/2009 and repealing Directive 2007/46/EC  (OJ L 151, 14.6.2018,  p. 1). EN 2  EN (4) The EU type -approval certificate , referred to in Article 28(1) of Regulation (EU) 
2018/858 , to be issued for vehicle system s in the scope of this Regulation, should be 
based on the respective Model template laid  down in Annex III to Commission 
Implementing Regulation (EU) 2020/6833. However, the addendum to the type -
approval  certificate should contain the information specific to the emergency lane -
keeping systems  as defined in this Regulation.  
(5) In accordance with note 6 to the table in Annex II to Regulation (EU) 2019/2144, the 
application of the requirement for mandatory fitting an  emergency lan e-keeping 
system is deferred by two years with regard to  motor vehicles with hydraulic power 
assisted steering systems . For that period , such vehicles should be equipped with a 
lane departure warning system  meeting the requirements of this Regulation . 
(6) The emergency lane-keeping system is a driver assisting system that should provide 
warn ing to  the driver and correct the trajectory only when the driver is unintentionally 
leaving the lane.   
(7) In accordance with national traffic legislation , drivers are allowed to cross dashed -lane 
markings . However, it is partic ularly difficult for c urrent technolog ies to assess 
whether the crossing of dashed -lane markings  by the driver is intentional or not. In 
order to avoid unnec essary interventions by the emergency lane -keeping system, 
which may prompt the driver to switch the system  off and thus lead to loss of potential 
safety benefit , the emergency lane-keeping system should  be required only to  warn the 
driver  and not to correct the vehicle trajectory  when crossing dashed -lane markings . 
(8) Given that the currently existing technologies for the emergency lane -keeping systems 
are based on the detection of lane markings , the performance of those  systems cannot 
be guaranteed  in the absence of such marking s. Therefore, the emergency lane -keeping 
systems should not be required to operate in the absence of lane markings.  
(9) Some of the functions of the emergency lane -keeping systems may form part of other 
electronic control system(s) or complex electronic vehicle control system(s). In such 
case, the me thodology applied to the design process must be clearly described in order 
to ensure that the systems are designed to operate in such a way that they do not 
induce safety critical risks. Therefore , for the purposes of type -approval of motor 
vehicles with regard to their emergency lane -keeping systems, special requirements for 
documentation, fault strategy and verification with respect to the safety aspects of such 
electronic control system(s) and com plex electronic vehicle control system(s) should 
be defined in this Regulation.  
(10) As the relevant provisions set out in Regulation (EU) 2019/2144 shall apply from 6 
July 2022, the application of this Regulation should also be deferred to that date . 
(11) The meas ures provided for in this Regulation are in accordance with the opinion of the 
Technical  Committee  – Motor Vehicles ,  
                                                 
3 Commission  Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 
2018/858 of the European Parliament and of t he Council with regards to the administrative requirements for 
the approval and market surveillance of motor vehicles and their trailers, and of systems, components and 
separate technical units intended for such vehicles (OJ L 163, 26.5.2020, p. 1).  EN 3  EN HAS ADOPTED THIS REGULATION:  
Article 1  
Administrative provisions and technical specifications  for the  approval of motor vehicle s 
with rega rd to the emergency lane-keeping systems  
1. The information document , submitted with the application for approval of a type of 
vehicle with regard to the emergency lane -keeping system in accordance with Article 
21(1)(a) of Regulation (EU) 2018/858, shall consist of  the information relevant for 
that system as contained  in Part 1 of the Annex . 
2. The emergency lane -keeping system , referred to in paragraph 1, shall comply with 
the technical specifications set out in Part 2 of the Annex . In order t o check the 
compl iance with th ose requirements, the Type -Approval Authority or the Technical 
Service shall also verify the information in the documentation provided in 
accordance with Part 4 of the Annex.  
3. Where , instead of the system referred to in paragraph 1, motor vehicles with 
hydraulic power assisted steering are equipped with a lane departure warning system  
as defined in Article 3(9) of Regulation (EU) 2019/2144 , that lane departure warning 
system shall comply with the technical specifications  set out in points 3.5 and 4 of 
Part 2  of the Annex . 
4. The EU type -approval certificate  for a  type of vehicle with regard to the emergency 
lane-keeping system , as referred to in Article 28(1) of Regulation (EU) 2018/858, 
shall be drawn up  in accordance with Part 3  of the A nnex.   
Article  2 
Entry into force  and application  
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 6 July 2022.  
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