EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2018) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EU) No 582/2011 as regards Auxiliary Emission Strategies (AES), 
access to  vehicle repair and maintenance information, measurement of emissions during 
cold engine start  and  use of portable emissions measurement systems (PEMS) to 
meas ure particle numbers  
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EU) No 582/2011 as regards Auxiliary Emission Strategies (AES), 
access to  vehicle repair and maintenance information, measurement of emissions during 
cold engine start  and  use of portable emissions measurement systems (PEMS) to 
measure particle numbers  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on t he Functioning of the European Union,  
Having regard to 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  on access to vehicle repair and 
maintenance information 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, and in 
particular Article  4(3) and  5(4) thereof , Whereas:  
(1) The rules for declaring and assessing Auxiliary Emission Strategies (AES) were 
recently changed  for light passenger and commercial vehicles by Commission 
Regulation (EU) 2017/11511. The same rules should be introduced for heavy duty 
vehicles  for the sake of consistency . 
(2) In-service conformity testing represents one of the building blocks of the vehicle type-
approval procedure and allows the performance of emission control systems to be 
verified  throughout?  a vehicle's useful life. Commission R egulation (EU) No 
582/20112 requires the tests to be performed by means of a portable emissions 
measurement system (PEMS) , which assesses emissions under normal conditions  of 
use. The PEMS approach is equally used to check off-cycle emissions during type -
approval.  
(3) The emissions performance of heavy duty vehicles in the period following a cold 
engine start is currently not assessed as part of the type -approval demonstration test or 
the in -service conformity test. Following a monitoring exercise  when data from type -
approval and in -service conformity tests were collected and analysed, it was found that 
significant amounts of the total NO x emitted were excluded from the analysis as a 
result of not assessing  the cold engine start period. In order to represent real world 
                                                 
1 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 maint enance 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 Commissi on Regulation (EC) No 692/2008 ( OJ L 175, 7.7.2017, p.  1). 
2 Commission Regulation (EU) No 582/2011 of 25 May 2011 implementing and amending Regulation 
(EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy 
duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European 
Parliament and of the Council (OJ L 167, 25.6.2011, p. 1) .  
EN 2  EN emissions  better , the measurement procedure should therefore be revised  to include  
measurement of pollutant  emissions during the cold engine start  period . 
(4) Particle number measurements using PEMS have been successfully implemented 
under the emiss ions type -approval rules for light passenger and commercial vehicles3. 
Following a pilot study by the Commission’s Joint Research Centre in which an 
analysis was performed on the portable particle number equipment for heavy duty 
vehicles, it is considered appropriate to introduce a similar requirement in the  
emissions type-approval rules for heavy duty vehicles.  
(5) The Commission recognises that vehicles equipped with a Compressed Natural Gas 
(CNG) or Liquefied Natural Gas (LNG)  engine may require technical adaptations to 
comply with the particle number conformity factor.  In order to ensure a sufficient lead 
time to allow manufacturers of CNG and LNG engines to modify their products in 
accordance with the requirement s laid down by this R egulation , a transitional period 
should be permitted for compliance with the maximum allowed conformity factor for 
vehicles equipped with such engines . 
(6) The Commission should be required to keep the level of the final conformity factor for 
particle number e missions under review, taking into account technical progress . The 
requirements introduced by this Regulation for in -service conformity testing should 
not apply retroactively to engines and vehicles which were type -approved before 
introduction of those req uirements. Therefore, the amendments set out in Annex es I, II 
and III to this Regulation should only apply to the in -service conformity testing of new 
types of engine or vehicle , in other words to engines or vehicles which are type -
approved in accordance w ith the amendments introduced  by this Regulation . 
(7) The rules on access to vehicle  repair and maintenance information have been 
incorporated into Regulation (EU) 2018/858  of the European Parliament and of the 
Council4 , which applies from 1 September 2020 . Therefore, the provisions in 
Regulation (EC) No 582/2011  relating to access to such information should be omitted  
with effect from that date . 
(8) Regulation (EU) No 582/2011 should therefore be amended accordingly .   
(9) The measures provided for in this Regulatio n are in accordance with the opinion of the 
Techn ical Committee - Motor Vehicles , 
HAS ADOPTED THIS REGULATION:  
Article 1  
Regulation (EU) No 582/2011 is amended  as follows:  
(1) Article 2  is amended as follows:  
(a) point (5) is replaced by the following :  
                                                 
3 Commission Regulation (EC) No 692/2008 of 18  July 2008 implementing and amending 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 (OJ L 199, 28.7.2008, p. 1 ). 
4 Regulation (EU) 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 3  EN '(5) ‘vehicle type  with regard to emissions’ means a group of vehicles which do not 
differ in essential engine and vehicle characteristics as set out in Appendix 4 to  
Annex I; ';  
(b) point (43) is deleted;  
(2) Articles 2a, 2b, 2c, 2d, 2e, 2f, 2g and 2h ar e deleted;  
(3) Article 3 is amended as follows:  
(a) paragraph 1 is replaced by the following:  
'1. In order to receive an EC type -approval of an engine system or engine family as a 
separate technical unit, EC type -approval of a vehicle with an approved engi ne system 
with regard to emissions, or an EC type -approval of a vehicle with regard to 
emissions, the manufacturer shall, in accordance with the provisions of Annex I, 
demonstrate that the vehicles or engine systems or engine families are subject to the 
tests and comply with the requirements set out in Articles 4 and 14 and in Annexes III 
to VIII, X, XIII and XIV. The manufacturer shall also ensure compliance with the 
specifications of reference fuels set out in Annex IX. In the case of dual -fuel engines 
and vehicles, the manufacturer shall, in addition, comply with the requirements set out 
in Annex XVIII.  
In order to receive an EC type -approval of a vehicle with an approved engine system 
with regard to emissions, or an EC type -approval of a vehicle with reg ard to 
emissions, the manufacturer shall also demonstrate that the requirements laid down in 
Article 6 of and Annex II to Commission Regulation (EU) 2017/2400 * are met with 
respect to the vehicle group concerned. However, that requirement shall not apply 
where the manufacturer indicates that new vehicles of the type to be approved will not 
be registered, sold or put into service in the Union on or after the dates laid down in 
points (a), (b) and (c) of paragraph 1 of Article 24 of Regulation (EU) 2017/2400 for 
the respective vehicle group.  
___________________  
* Commission Regulation (EU) 2017/2400 of 12 December 2017 implementing Regulation (EC) 
No 595/2009 of the European Parliament and of the Council as regards the determination of the CO 2 
emissions and fuel consumption of heavy -duty vehicles and amending Directive 2007/46/EC of the 
European Parliament and of the Council and Commission Regulation (EU) No 582/2011 (OJ L  349, 
29.12.2017, p. 1).';  
(b) paragraphs 1a, 1b and 1c are deleted;  
(c) paragraph 2 is replaced by the following:  
'2. In order to receive an EC type -approval of a vehicle with an approved engine 
system with regard to emissions, or an EC type -approval of a vehicle with regard to 
emissions, the manufacturer shall ensure complia nce with the installation requirements 
set out in Section 4 of Annex I and, in the case of dual -fuel vehicles, with the 
additional installation requirements set out in Section 6 of Annex XVIII. ';  
(d) paragraph 3 is replaced by the following:  
'3. In order to receive an extension of the EU type-approval of a vehicle with regard to 
emissions type -approved under this Regulation with a reference mass exceeding 2 380 
kg but not exceeding 2 610 kg, the manufacturer shall meet the requirements set out in 
Section 5  of Annex VIII. '; 
(e) paragraph 6 is replaced by the following:   
EN 4  EN '6. In order to receive an EC type -approval of an engine system or engine family as a 
separate technical unit or an EC type -approval of a vehicle with regard to emissions 
for the purposes of o btaining universal fuel -range type -approval, a restricted fuel -
range type -approval or a fuel -specific type -approval, the manufacturer shall ensure 
compliance with the requirements set out in Section 1 of Annex I. '; 
(4) Article 5 is amended as follows:  
(a) the heading is replaced by the following:  
'Application for EC type -approval of an engine system or engine family as a 
separate technical unit with regard to emissions '; 
(b) paragraph 3 is replaced by the following:  
'3. In order for the approval authorities to assess the proper use of AES, taking into 
account the prohibition of defeat strategies referred to in Article 5(3) of Regulation 
(EC) No 595/2009,  the manufacturer shall also  provide an extended documentation 
package  , as described in Appendix 11 of Annex I to this Regulation.  
The extended documentation package shall be identified  and dated by the approval 
authority and kept by that authority for at least 10 years a fter the approval is granted  .  
At the request o f the manufacturer, the approval authority shall conduct a preliminary 
assessment of the AES for new vehicle types. In that case, the manufacturer shall 
provide t he relevant documentation to the type approval authority between 2 and 12 
months before the st art of the type -approval process.  
The approval authority shall make a preliminary assessment on the basis of the 
extended documentation package provided by the manufacturer. The approval 
authority shall make the assessment  in accordance with the methodolo gy described in 
Appendix 2 of Annex VI. The approval authority may deviate from that methodology 
in exceptional and duly justified cases.  
The preliminary assessment of the AES for new vehicle types shall remain valid for 
the purposes of type approval for a period of 18 months. That period may be extended 
by a further 12 months if the manufacturer provides the approval authority with proof 
that no new technologies have become accessible in the market that would change the 
preliminary assessment of the AES.  
A list of AES  which were deemed non -acceptable by Type Approval Authorities  shall 
be compiled  yearly by the Type -Approval Authorities Expert Group  (TAAEG) and 
made available to the public by the Commission.'  
(c) in paragraph 4, points (d) and (g) are delet ed; 
(5) Article 6 is amended as follows:  
(a) the heading is replaced by the following:  
'Administrative provisions for EC type -approval of an engine system or engine 
family as a separate technical unit with regard to emissions '; 
(b) in paragraph 1a , point (b) is deleted;  
(6) Article 7 is amended as follows:  
(a) the heading is replaced by the following:  
'Application for EC type -approval of a vehicle with an approved engine system 
with regard to emissions ';  
EN 5  EN (b) paragraph 1 is replaced by the following:  
'1. Th e manufacturer shall submit to the approval authority an application for EU 
type-approval of a vehicle with an approved engine system with regard to 
emissions .'; 
(c) in paragraph 4, points (c) and (d) are deleted ; 
(7) Article 8 is amended as follows:  
(a) the heading is replaced by the following:  
'Administrative provisions for EC type -approval of a vehicle with an approved 
engine system with regard to emissions '; 
(b) in paragraph 1, the first and second subparagraph s are replaced by the following:  
 'If all the relevant requirements are met, the approval authority shall grant an 
EC type-approval of a vehicle with an approved engine system with regard to 
emissions and issue a type -approval number in accordance with the numbering 
system set out in the applicabl e implementing act adopted pursuant to Article 
28(3) of Regulation (EU) 2018/858* . 
Without prejudice to the provisions of that implementing act, Section 3 of the 
type-approval number shall be drawn up in accordance with Appendix 9 to 
Annex I to this Regula tion. 
 _______  
(*)Regulation (EU) 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 ).’;  
(c) paragraph 1a is amended as follows:  
 (i) the introductory wording is replaced by the following:  
'As an alternative t o the procedure provided for in paragraph 1, the approval 
authority shall grant an EC type -approval of a vehicle with an approved engine 
system with regard to emissions if all the following conditions are fulfilled: '; 
 (ii) point (b) is deleted;  
(8) Articl e 9 is amended as follows:  
(a) the heading  is replaced by the following:  
' 
Application for EC type -approval of a vehicle with regard to emissions '; 
(b) paragraph 1 is replaced by the following:  
'1. The manufacturer shall submit to the approval authority an  application for EC type -
approval of a vehicle with regard to emissions. '; 
(9) Article 10 is amended as follows:  
(a) the heading is replaced by the following:  
Administrative provisions for EC type -approval of a vehicle with regard to 
emissions ';  
EN 6  EN (b) in par agraph  1, the first and second subparagraph s are replaced by the following:  
'If all the relevant requirements are met, the approval authority shall grant an EC type -
approval of a vehicle with regard to emissions and issue a type -approval number in 
accordan ce with the numbering system set out in the applicable implementing act 
adopted pursuant to Article 28(3) of Regulation (EU) 2018/858 . 
Without  prejudice to the provisions of that implementing act, Section 3 of the type -
approval number shall be drawn up in accordance with Appendix 9 to Annex I to this 
Regulation. '; 
(c) paragraph  1a is amended as follows:  
 (i) the introductory wording  is replaced by the following:  
'As an alternative to the procedure provided for in paragraph 1, the approval 
authority shall grant an EU type-approval of a vehicle with regard to emissions 
if all the following conditions are fulfilled: '; 
 (ii) point  (b) is deleted;  
(10) in Article 16, p aragraph  3 is deleted ; 
(11) in Article 17a, the following paragraphs are added:  
'3. Notwithstanding the second subparagraph, w ith effect from 1 September 2020 , national 
authorities shall refuse, on grounds relating to emissions, to grant EC type -approval o r 
national type -approval in respect of new types of vehicle or engine  which do not comply with 
the requirements of this Regulation . 
As regards new types of positive -ignition engines, type 1A dual -fuel engines and type 1B 
dual-fuel engines (in dual -fuel mo de), and vehicles equipped with such engines, as from 1 
September 2020 the particle number work window conformity factor and CO 2 mass window 
conformity factor shall be stated in the PEMS demonstration test results on the type -approval 
certificate for monitoring purposes and, w ith effect from  1 September 2021, national 
authorities shall refuse, on grounds relating to emissions, to g rant E C type-approval or 
national type -approval in respect of  such engines and vehicles which do not comply with the 
requirements of this Regulation .  
4. With effect from 1 September 2021 , national authorities shall, in the case of new vehicles  
which do no t comply with the requirements of this Regulation, consider certificates of  
conformity issued in respect of those vehicles to be no longer valid for the purposes of Article 
48 of Regulation (EU) 2018/858  of the European Parliament and of the Council(*) and shall, 
on grounds relating to emissions, prohibit the registration, making available on the market and 
entry into service of such vehicles.   
With effect from 1 September 2021  and except in the case of replacement engines for in -
service vehicles, national authorities shall prohibit the sale or use of new engines which do 
not comply with the requirements of this Regulation .  
(12) Annex I is amended in accordance to Annex I to this Regulation ;  
(13) Annex II is amended in accordance to Annex II to this Regula tion; 
(14) Annex VI is amended in accordance to Annex III to this Regulation ; 
(15) in Annex VIII, point 5.1.2. is replaced by the following:  
'Paragraph A.1.2.1 of Appendix 1 of Annex 12 to UNECE Regulation No 49 shall be 
understood as follows:    
EN 7  EN ’A.1.2.1. In order to receive an extension of an EC type -approval for a vehicle in respect of its 
engine type -approved under Regulation (EC) No 595/2009 and this Regulation to a vehicle 
with a reference mass exceeding 2 380 kg but not exceeding 2 610 kg, the manufac turer shall 
meet the requirements relating to the measurement of greenhouse gas emissions and fuel 
consumption established in Regulation No 715/2007 and its implementing measures .  
For dedicated compression ignition engines fuelled with ethanol (ED95) : 
A fixed carbon -hydrogen -oxygen ratio shall be used , which is: C1H2.92O0.46. 
The fuel consumption, expressed in litres per 100 km (in the case of ethanol (ED95) is 
calculated by means of the following formula:  
FC = (0.186/D) ∙ [(0.538 ∙ HC) + (0.429 ∙ CO) + (0 .273 ∙ CO2)]  
In this formula : 
FC  is the fuel consumption in litre per 100 km  
HC is the measured emission of hydrocarbons in g/km  
CO is the measured emission of carbon monoxide in g/km  
CO2  is the measured emission of carbon dioxide in g/km  
D  is the densit y of the test fuel. ’' 
 
(16) in Annex X , the following point is inserted after point 2.4.1.3.:  
‘2.4.1.4. The OBD standard Euro 6 -2 in Table 1 of Appendix 6 to Annex I to Commission  
Regulation (EU) 2017/1151 shall be considered equivalent to the character E of Table 1 of 
Appendix 9 to Annex I to this Regulation.’ ; 
(17) in Annex XI, in Appendix 1, in the model of the information document, points 2 to 2.3. 
are deleted;  
(18) in Annex XI II, the second paragraph of point 12  is replaced by the following:  
‘'This Appendix applies when the vehicle manufacturer requests EC type -approval of a 
vehicle with an approved engine with regard to emissions in accordance with Regulation (EC) 
No 595/2009 and this Regulation. '; 
(19) Annex XVII is deleted.  
 
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 1 September 2020.  
   
EN 8  EN 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