I 
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)  
REGULATIONS  
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  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE 
EUROPEAN UNION,  
Having regard to the Treaty establishing the European 
Community, and in particular Article 95 thereof,  
Having regard to the proposal from the Commission,  
Having regard to the opinion of the European Economic and 
Social Committee (  1 ), 
Acting in accordance with the procedure laid down in 
Article 251 of the Treaty (  2 ), 
Whereas:  
(1) The internal market comprises an area without internal 
frontiers in which the free movement of goods, persons, 
services and capital must be ensured. To that end a 
comprehensive Community type-approval system for 
motor vehicles is in place. The technical requirements 
for the type-approval of motor vehicles with regard to 
emissions should therefore be harmonised to avoid 
requirements that differ from one Member State to 
another and to ensure a high level of environmental 
protection.  (2) This Regulation is a new separate regulation in the 
context of the Community type-approval procedure 
under 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) (  3 ). Therefore, Annexes IV, VI and XI to that 
Directive should be amended accordingly.  
(3) Following the request of the European Parliament, a new 
regulatory approach has been introduced in Community 
vehicle legislation. This Regulation should therefore lay 
down only fundamental provisions on vehicle emissions, 
whereas the technical specifications should be laid down 
by implementing measures adopted under the 
comitology procedures.  
(4) The Sixth Community Environment Action Programme 
adopted by Decision No 1600/2002/EC of the European 
Parliament and of the Council of 22 July 2002 (  4 ) estab ­
lishes the need to reduce pollution to levels which 
minimise harmful effects on human health, paying 
particular attention to sensitive populations and to the 
environment as a whole. Community legislation has 
established appropriate standards for ambient air quality 
for the protection of human health and sensitive indi ­
viduals in particular, as well as for national emission 
ceilings. Following its communication of 4 May 2001, 
which established the ‘Clean Air For Europe (CAFE) 
programme’, the Commission adopted another 
communication on 21 September 2005 entitled 
‘Thematic strategy for air pollution’. One of the 
conclusions of that thematic strategy is that furtherEN 18.7.2009 Official Journal of the European Union L 188/1  
( 1 ) OJ C 211, 19.8.2008, p. 12.  
( 2 ) Opinion of the European Parliament of 16 December 2008 (not yet 
published in Official Journal) and Council Decision of 8 June 2009.  ( 3 ) OJ L 263, 9.10.2007, p. 1.  
( 4 ) OJ L 242, 10.9.2002, p. 1.reductions in emissions from the transport sector (air, 
maritime and land transport), from households and 
from the energy, agricultural and industrial sectors are 
needed to achieve EU air quality objectives. In this 
context, the task of reducing vehicle emissions should 
be approached as part of an overall strategy. The Euro 
VI standards are one of the measures designed to reduce 
the actual in-use emissions of air pollutants such as 
particulate pollutants (PM) as well as ozone precursors 
such as nitrogen oxides (NO  x ) and hydrocarbons.  
(5) Achieving EU air quality objectives requires a continuous 
effort to reduce vehicle emissions. For that reason, 
industry should be provided with clear information on 
future emission limit values and should be allowed an 
appropriate period of time in which to attain them and 
pursue the requisite technical developments.  
(6) In particular, a reduction in NO  x emissions from heavy 
duty vehicles is necessary to improve air quality and 
comply with limit values for pollution and national 
emission ceilings. Setting limit values for NO  x 
emissions at an early stage should provide long-term, 
European Union-wide planning certainty for vehicle 
manufacturers.  
(7) In setting emission standards it is important to take into 
account the implications for competitiveness of markets 
and manufacturers, the direct and indirect costs imposed 
on business and the benefits that accrue in terms of 
stimulating innovation, improving air quality, reducing 
health costs and increasing life expectancy.  
(8) Unrestricted access to vehicle repair information, via a 
standardised format which can be used to retrieve the 
technical information, and effective competition on the 
market for vehicle repair and maintenance information 
services are necessary to improve the functioning of the 
internal market, particularly as regards the free 
movement of goods, freedom of establishment and 
freedom to provide services. A great proportion of 
such information is related to on-board diagnostic 
(OBD) systems and their interaction with other vehicle 
systems. It is necessary to lay down technical specifi ­
cations to be followed by the manufacturers concerning 
the provision of information on their websites, along 
with targeted measures to ensure reasonable access for 
small and medium-sized enterprises (SMEs).  
(9) Not later than 7 August 2013, the Commission should 
review the operation of the system of unrestricted access 
to vehicle repair and maintenance information with a 
view to determining whether it would be appropriate 
to consolidate all provisions governing access to vehicle 
repair and maintenance information within the revised 
framework legislation on type-approval. If the provisions governing access to such information are consolidated in 
this way, the corresponding provisions of this Regulation 
should be repealed, as long as existing rights of access to 
repair and maintenance information are preserved.  
(10) The Commission should encourage the development of 
an international standard format for unrestricted and 
standardised access to vehicle repair and maintenance 
information, for example through the work of the 
European Committee for Standardisation (CEN).  
(11) It is essential to establish a common European standard 
for the format of vehicle OBD and vehicle repair and 
maintenance information. Until such time as that 
standard is adopted, vehicle OBD and vehicle repair 
and maintenance information for heavy duty vehicles 
should be presented in a readily accessible manner and 
in a format guaranteeing non-discriminatory access. The 
information should be made available on the websites of 
manufacturers, or, if this is not feasible due to the nature 
of the information, in another appropriate format.  
(12) The Commission should keep under review emissions 
which are, as yet, unregulated and which arise as a 
consequence of the wider use of new fuel formulations, 
engine technologies and emission control systems. The 
Commission should also, where necessary, submit a 
proposal to the European Parliament and to the 
Council with a view to regulating such emissions.  
(13) It is appropriate to encourage the introduction of alter ­
native fuel vehicles, which can have low NO  x and 
particulate emissions. Thus, limit values for hydro ­
carbons, non-methane hydrocarbons and methane 
should be introduced.  
(14) In order to ensure that emissions of ultrafine particulate 
pollutants (PM 0,1 μm and below) are controlled, the 
Commission should be empowered to adopt a number- 
based approach to emissions of particulate pollutants in 
addition to the mass-based approach which is currently 
used. The number-based approach to emissions of 
particles should draw on the results of the Particulate 
measurement programme (PMP) of the United Nations 
Economic Commission for Europe (UN/ECE) and be 
consistent with the existing ambitious objectives for the 
environment.  
(15) In order to achieve these environmental objectives, it is 
appropriate to indicate that the particle number limits are 
likely to reflect the highest levels of performance 
currently obtained with particle filters by using the best 
available technology.EN L 188/2 Official Journal of the European Union 18.7.2009(16) The Commission should adopt worldwide harmonised 
driving cycles in the test procedure that provides the 
basis for EC type-approval emissions regulations. The 
application of portable emissions measurement systems 
for verifying the actual in-use emissions and the intro ­
duction of procedures to control off-cycle emissions 
should also be considered.  
(17) Retrofitting heavy duty vehicles with diesel particle filters 
could result in higher nitrogen dioxide (NO  2 ) emissions. 
As part of the thematic strategy on air pollution, the 
Commission should therefore draft a legislative 
proposal to harmonise national legislation on retrofitting 
and ensure that it incorporates environmental conditions.  
(18) OBD systems are important to control emissions during 
the use of a vehicle. Due to the importance of controlling 
real-world emissions, the Commission should keep under 
review the requirements for such systems and the 
tolerance thresholds for monitoring faults.  
(19) In order to monitor the contribution of this sector, as a 
whole, to the global emissions of greenhouse gases, the 
Commission should introduce the measuring of fuel 
consumption and carbon dioxide (CO  2 ) emissions of 
heavy duty vehicles.  
(20) In order to promote the market for clean and energy 
efficient vehicles, the Commission should study the feasi ­
bility and the development of a definition and a 
methodology of energy consumption and CO  2 
emissions for whole vehicles and not only for engines, 
without prejudice to the use of virtual and actual testing. 
Such a definition and the methodology should also cover 
alternative driveline concepts (e.g. hybrid vehicles) and 
the effects of improvements on vehicles such as aero ­
dynamics, weight, loading capacity and rolling resistance. 
If a suitable method of presentation and comparison can 
be identified, the derived fuel consumption and CO  2 
emissions should be made publicly available for 
separate vehicle types.  
(21) In order to better control actual in-use emissions 
including off-cycle emissions and to facilitate the in- 
service conformity process, a testing methodology and 
performance requirements based on the use of portable 
emission measurement systems should be adopted within 
an appropriate timeframe.  
(22) With a view to meeting EU air quality objectives, the 
Commission should introduce harmonised provisions to 
ensure that off-cycle emissions from heavy duty engines 
and vehicles are appropriately controlled over a broad 
range of engine and ambient operating conditions.  
(23) The correct functioning of the after-treatment system, 
and more specifically in the case of NO  x , is the basic requirement for fulfilling the established standards for 
pollutant emissions. In this context, measures to 
guarantee the proper operation of systems relying on 
the use of a reagent should be introduced.  
(24) Member States are able, by means of financial incentives, 
to accelerate the placing on the market of vehicles which 
satisfy the requirements adopted at Community level. 
This Regulation should not affect the right of Member 
States to include emissions in the method for calculating 
taxes levied on vehicles.  
(25) When Member States draw up measures to ensure retro ­
fitting of existing heavy duty vehicles, such measures 
should be based on the Euro VI standards.  
(26) Member States should lay down rules on penalties 
applicable to infringements of the provisions of this 
Regulation and ensure that they are implemented. 
Those penalties should be effective, proportionate and 
dissuasive.  
(27) The requirements of engine power of motor vehicles 
contained in Council Directive 80/1269/EEC of 
16 December 1980 on the approximation of the laws 
of the Member States relating to the engine power of 
motor vehicles (  1 ) should be introduced in this Regu ­
lation and in Regulation (EC) No 715/2007 of the 
European Parliament and of the Council of 20 June 
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 (  2 ). Therefore, Regu ­
lation (EC) No 715/2007 should be amended accordingly 
and Directive 80/1269/EEC should be repealed.  
(28) In order to simplify Community legislation, it is appro ­
priate to replace the existing heavy duty vehicles 
emissions legislation, namely Directive 2005/55/EC (  3 ) 
and Commission Directive 2005/78/EC (  4 ), by a regu ­
lation. The use of a regulation should ensure that the 
detailed technical provisions are directly applicable to 
manufacturers, approval authorities and technical 
services and that they can be updated in a fast and 
efficient way. Therefore Directives 2005/55/EC and 
2005/78/EC should be repealed and Regulation (EC) 
No 715/2007 should be amended accordingly.EN 18.7.2009 Official Journal of the European Union L 188/3  
( 1 ) OJ L 375, 31.12.1980, p. 46.  
( 2 ) OJ L 171, 29.6.2007, p. 1.  
( 3 ) Directive 2005/55/EC of the European Parliament and of the 
Council of 28 September 2005 on the approximation of the laws 
of the Member States relating to the measures to be taken against 
the emission of gaseous and particulate pollutants from 
compression-ignition engines for use in vehicles, and the emission 
of gaseous pollutants from positive-ignition engines fuelled with 
natural gas or liquefied petroleum gas for use in vehicles (OJ 
L 275, 20.10.2005, p. 1).  
( 4 ) Commission Directive 2005/78/EC of 14 November 2005 imple ­
menting Directive 2005/55/EC and amending Annexes I, II, III, IV 
and VI thereto (OJ L 313, 29.11.2005, p. 1).(29) The measures necessary for the implementation of this 
Regulation should be adopted in accordance with 
Council Decision 1999/468/EC of 28 June 1999 laying 
down the procedures for the exercise of implementing 
powers conferred on the Commission (  1 ). 
(30) In particular, the Commission should be empowered to 
introduce particle number based limit values in Annex I, 
to specify, if appropriate, the value of the admissible level 
of the NO  2 component in the NO  x limit value, to 
establish specific procedures, tests and requirements for 
type-approval, as well as a particle number measurement 
procedure, and to adopt measures concerning off-cycle 
emissions, the use of portable emissions measurement 
systems, access to vehicle repair and maintenance 
information and test cycles used to measure emissions. 
Since those measures are of general scope and are 
designed to amend non-essential elements of this Regu ­
lation, by supplementing it with new non-essential 
elements, they must be adopted in accordance with the 
regulatory procedure with scrutiny provided for in 
Article 5a of Decision 1999/468/EC.  
(31) Since the objective of this Regulation, namely the real ­
isation of the internal market through the introduction of 
common technical requirements concerning emissions 
from motor vehicles and guaranteed access to vehicle 
repair and maintenance information for independent 
operators on the same basis as for authorised dealers 
and repairers, cannot be sufficiently achieved by the 
Member States and can therefore be better achieved at 
Community level, the Community may adopt measures, 
in accordance with the principle of subsidiarity as set out 
in Article 5 of the Treaty. In accordance with the 
principle of proportionality, as set out in that Article, 
this Regulation does not go beyond what is necessary 
in order to achieve that objective,  
HAVE ADOPTED THIS REGULATION:  
Article 1  
Subject matter  
This Regulation establishes common technical requirements for 
the type-approval of motor vehicles, engines and replacement 
parts with regard to their emissions.  
This Regulation also lays down rules for in-service conformity 
of vehicles and engines, durability of pollution control devices, 
OBD systems, measurement of fuel consumption and CO  2 
emissions and accessibility of vehicle OBD and vehicle repair 
and maintenance information.  Article 2  
Scope  
This Regulation shall apply to motor vehicles of categories M  1 , 
M 2 , N  1 and N  2 as defined in Annex II of Directive 2007/46/EC 
with a reference mass exceeding 2 610 kg and to all motor 
vehicles of categories M  3 and N  3 , as defined in that Annex.  
This Regulation shall apply without prejudice to Article 2(2) of 
Regulation (EC) No 715/2007.  
At the request of the manufacturer, the type-approval of a 
completed vehicle granted under this Regulation and its imple ­
menting measures shall be extended to its incomplete vehicle 
with a reference mass not exceeding 2 610 kg. Type-approvals 
shall be extended if the manufacturer can demonstrate that all 
bodywork combinations expected to be built onto the 
incomplete vehicle increase the reference mass of the vehicle 
to above 2 610 kg.  
At the request of the manufacturer, the type-approval of a 
vehicle granted under this Regulation and its implementing 
measures shall be extended to its variants and versions with a 
reference mass exceeding 2 380 kg provided that it also meets 
the requirements relating to the measurement of greenhouse gas 
emissions and fuel consumption established in Regulation (EC) 
No 715/2007 and its implementing measures.  
Article 3  
Definitions  
For the purposes of this Regulation, the following definitions 
shall apply:  
1. ‘engine’ means the motive propulsion source of a vehicle 
for which type-approval as a separate technical unit, as 
defined in point 25 of Article 3 of Directive 2007/46/EC, 
may be granted;  
2. ‘gaseous pollutants’ means the exhaust gas emissions of 
carbon monoxide, NO  x , expressed in NO  2 equivalent, and 
hydrocarbons;  
3. ‘particulate pollutants’ means components of the exhaust 
gas which are removed from the diluted exhaust gas at a 
maximum temperature of 325 K (52 °C) by means of the 
filters described in the test procedure for verifying average 
tailpipe emissions;  
4. ‘tailpipe emissions’ means the emission of gaseous and 
particulate pollutants;  
5. ‘crankcase’ means the spaces in, or external to, an engine 
which are connected to the oil sump by internal or external 
ducts through which gases and vapours can be emitted;EN L 188/4 Official Journal of the European Union 18.7.2009  
( 1 ) OJ L 184, 17.7.1999, p. 23.6. ‘pollution control device’ means those components of a 
vehicle that control and/or limit tailpipe emissions;  
7. ‘on-board diagnostic (OBD) system’ means a system on 
board a vehicle or connected to an engine which has the 
capability of detecting malfunctions, and, if applicable, of 
indicating their occurrence by means of an alert system, of 
identifying the likely area of malfunction by means of 
information stored in computer memory, and of 
communicating that information off-board;  
8. ‘defeat strategy’ means an emission control strategy that 
reduces the effectiveness of the emission controls under 
ambient or engine operating conditions encountered 
either during normal vehicle operation or outside the 
type-approval test procedures;  
9. ‘original pollution control device’ means a pollution control 
device or an assembly of such devices covered by the type- 
approval granted for the vehicle concerned;  
10. ‘replacement pollution control device’ means a pollution 
control device or an assembly of such devices intended 
to replace an original pollution control device and which 
can be approved as a separate technical unit, as defined in 
point 25 of Article 3 of Directive 2007/46/EC;  
11. ‘vehicle repair and maintenance information’ means all 
information required for diagnosis, servicing, inspection, 
periodic monitoring, repair, re-programming or re- 
initialising or the remote diagnostic support of the 
vehicle and which the manufacturers provide for their au ­
thorised dealers and repairers, including all subsequent 
amendments and supplements to such information. This 
information includes all information required for fitting 
parts or equipment onto vehicles;  
12. ‘manufacturer’ means the person or body who is 
responsible to the approval authority for all aspects of 
the type-approval or authorisation process and for 
ensuring conformity of production. It is not essential that 
the person or body be directly involved in all stages of the 
construction of the vehicle, system, component or separate 
technical unit which is the subject of the approval process;  
13. ‘independent operator’ means undertakings other than 
authorised dealers and repairers which are directly or 
indirectly involved in the repair and maintenance of 
motor vehicles, in particular repairers, manufacturers or 
distributors of repair equipment, tools or spare parts, 
publishers of technical information, automobile clubs, 
roadside assistance operators, operators offering inspection 
and testing services, operators offering training for 
installers, manufacturers and repairers of equipment for 
alternative fuel vehicles;  14. ‘alternative fuel vehicle’ means a vehicle designed to be 
capable of running on at least one type of fuel that is 
either gaseous at atmospheric temperature and pressure, 
or substantially non-mineral oil derived;  
15. ‘reference mass’ means the mass of the vehicle in running 
order less the uniform mass of the driver of 75 kg and 
increased by a uniform mass of 100 kg;  
16. ‘tampering’ means inactivation, adjustment or modification 
of the vehicle emissions control or propulsion system, 
including any software or other logical control elements 
of those systems, that has the effect, whether intended or 
not, of worsening the emissions performance of the vehicle.  
The Commission may adapt the definition in point 7 of the first 
subparagraph to reflect technical progress in OBD systems. That 
measure, designed to amend non-essential elements of this 
Regulation, shall be adopted in accordance with the regulatory 
procedure with scrutiny referred to in Article 13(2).  
Article 4  
Obligations of the manufacturers  
1. Manufacturers shall demonstrate that all new vehicles sold, 
registered or put into service within the Community, all new 
engines sold or put into service within the Community and all 
new replacement pollution control devices requiring type- 
approval pursuant to Articles 8 and 9, which are sold or put 
into service within the Community, are type-approved in 
accordance with this Regulation and its implementing measures.  
2. Manufacturers shall ensure that type-approval procedures 
for verifying conformity of production, durability of pollution 
control devices and in-service conformity are followed.  
The technical measures taken by the manufacturer shall be such 
as to ensure that the tailpipe emissions are effectively limited, 
pursuant to this Regulation and its implementing measures, 
throughout the normal life of the vehicles under normal 
conditions of use.  
For that purpose, the mileage and period of time by reference to 
which the tests for durability of pollution control devices 
undertaken for type-approval and testing of conformity of in- 
service vehicles or engines are to be carried out shall be the 
following:  
(a) 160 000 km or five years, whichever is the sooner, in the 
case of engines fitted to vehicles of category M  1 , N  1 and M  2 ;EN 18.7.2009 Official Journal of the European Union L 188/5(b) 300 000 km or six years, whichever is the sooner, in the 
case of engines fitted to vehicles of category N  2 , N  3 with a 
maximum technically permissible mass not exceeding 16 
tonnes and M  3 Class I, Class II and Class A, and Class B 
with a maximum technically permissible mass not exceeding 
7,5 tonnes;  
(c) 700 000 km or seven years, whichever is the sooner, in the 
case of engines fitted to vehicles of category N  3 with a 
maximum technically permissible mass exceeding 16 
tonnes and M  3 , Class III and Class B with a maximum 
technically permissible mass exceeding 7,5 tonnes.  
3. The Commission shall establish specific procedures and 
requirements for the implementation of paragraphs 1 and 2 
of this Article. Those measures, designed to amend non- 
essential elements of this Regulation by supplementing it, 
shall be adopted in accordance with the regulatory procedure 
with scrutiny referred to in Article 13(2).  
Article 5  
Requirements and tests  
1. Manufacturers shall ensure compliance with the emission 
limits set out in Annex I.  
2. Manufacturers shall equip vehicles and engines so that the 
components likely to affect emissions are designed, constructed 
and assembled so as to enable the vehicle or engine, in normal 
use, to comply with this Regulation and its implementing 
measures.  
3. The use of defeat strategies that reduce the effectiveness of 
emission control equipment shall be prohibited.  
4. The Commission shall adopt measures for the implemen ­
tation of this Article including measures in relation to the 
following:  
(a) tailpipe emissions, including test cycles, the use of portable 
emissions measurement systems for verifying the actual in- 
use emissions, verifying and limiting off-cycle emissions, the 
setting of limits for particle numbers while retaining the 
existing ambitious environmental requirements, and 
emissions at idling speed;  
(b) crankcase emissions;  
(c) OBD systems and in-service performance of pollution 
control devices;  
(d) durability of pollution control devices, replacement 
pollution control devices, conformity of in-service engines 
and vehicles, conformity of production and roadworthiness;  (e) CO  2 emissions and fuel consumption;  
(f) granting extension of type-approvals;  
(g) test equipment;  
(h) reference fuels such as petrol, diesel, gaseous fuels and 
biofuels, such as bioethanol, biodiesel and biogas;  
(i) measurement of engine power;  
(j) correct functioning and regeneration of pollution control 
devices;  
(k) specific provisions to ensure the correct operation of NO  x 
control measures; such provisions shall ensure that vehicles 
cannot be operated if the NO  x control measures are inop ­
erative due, for example, to lack of any required reagent, 
incorrect exhaust gas recirculation (EGR) flow or deacti ­
vation of EGR.  
Those measures, designed to amend non-essential elements of 
this Regulation, inter alia, by supplementing it, shall be adopted 
in accordance with the regulatory procedure with scrutiny 
referred to in Article 13(2).  
Article 6  
Access to information  
1. Manufacturers shall provide unrestricted and standardised 
access to vehicle OBD information, diagnostic and other 
equipment, tools including any relevant software and vehicle 
repair and maintenance information to independent operators.  
Manufacturers shall provide a standardised, secure and remote 
facility to enable independent repairers to complete operations 
which involve access to the vehicle security system.  
In the case of multi-stage type-approval, the manufacturer 
responsible for the respective type-approval shall also be 
responsible for communicating repair information relating to 
the particular stage to both the final manufacturer and inde ­
pendent operators. The final manufacturer shall be responsible 
for communicating information about the whole vehicle to 
independent operators.  
Articles 6 and 7 of Regulation (EC) No 715/2007 shall apply  
mutatis mutandis .EN L 188/6 Official Journal of the European Union 18.7.2009Until the adoption of the relevant standard, for example 
through the work of CEN, the vehicle OBD and vehicle repair 
and maintenance information shall be presented in an easily 
accessible, non-discriminatory manner.  
That information shall be made available on the websites of 
manufacturers, or, if this is not feasible due to the nature of 
the information, in another appropriate format.  
2. The Commission shall establish and update, for the imple ­
mentation of paragraph 1, the appropriate technical specifi ­
cations relating to the way in which vehicle OBD and vehicle 
repair and maintenance information shall be provided. The 
Commission shall take into account current information tech ­
nology, foreseeable vehicle technology developments, existing 
ISO standards and the possibility of a worldwide ISO standard.  
The Commission may adopt other measures necessary for the 
implementation of paragraph 1.  
Those measures, designed to amend non-essential elements of 
this Regulation, inter alia, by supplementing it, shall be adopted 
in accordance with the regulatory procedure with scrutiny 
referred to in Article 13(2).  
Article 7  
Obligations concerning systems using a consumable 
reagent  
1. Manufacturers, repairers and operators of the vehicles shall 
not tamper with systems which use a consumable reagent.  
2. Operators of the vehicles shall ensure that vehicles are not 
being driven without a consumable reagent.  
Article 8  
Timetable for application of type-approval of vehicles and 
engines  
1. With effect from 31 December 2012, national authorities 
shall refuse, on grounds relating to emissions, to grant EC type- 
approval or national type-approval in respect of new types of 
vehicles or engines which do not comply with this Regulation 
and its implementing measures.  
Type-approval technical certificates corresponding to the 
emission stages prior to Euro VI may be granted to vehicles 
and engines intended for export to third countries, provided 
such certificates clearly state that the vehicles and engines in 
question cannot be placed on the Community market.  
2. With effect from 31 December 2013, national authorities 
shall, in the case of new vehicles which do not comply with this Regulation and its implementing measures, consider certificates 
of conformity to be no longer valid for the purposes of 
Article 26 of Directive 2007/46/EC and shall, on grounds 
relating to emissions, prohibit the registration, sale and entry 
into service of such vehicles.  
With effect from the same date 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 this Regulation and its implementing measures.  
3. Without prejudice to paragraphs 1 and 2 of this Article, 
and subject to entry into force of the implementing measures 
referred to in Article 4(3), Article 5(4) and in the first 
subparagraph of Article 6(2), if a manufacturer so requests, 
national authorities may not, on grounds relating to emissions 
of vehicles, refuse to grant EC type-approval or national type- 
approval for a new type of vehicle or engine, or prohibit the 
registration, sale or entry into service of a new vehicle and the 
sale or use of new engines, where the vehicle or engines 
concerned comply with this Regulation and its implementing 
measures.  
Article 9  
Obligations of Member States concerning type-approval of 
replacement parts  
The sale or installation on a vehicle of new replacement 
pollution control devices intended to be fitted on vehicles 
approved under this Regulation and its implementing 
measures shall be prohibited if they are not of a type in 
respect of which a type-approval has been granted in 
compliance with this Regulation and its implementing 
measures.  
Article 10  
Financial incentives  
1. Subject to the entry into force of the implementing 
measures to this Regulation, Member States may provide for 
financial incentives that apply to motor vehicles in series 
production, which comply with this Regulation and its imple ­
menting measures.  
Those incentives shall apply to all new vehicles put on the 
market of the Member State concerned, which comply with 
this Regulation and its implementing measures. However, they 
shall cease to apply on 31 December 2013 at the latest.  
2. Subject to the entry into force of the implementing 
measures to this Regulation, Member States may grant 
financial incentives for retrofitting in order to meet the 
emission limit values set out in Annex I of in-use vehicles 
and for scrapping vehicles which do not comply with this 
Regulation and its implementing measures.EN 18.7.2009 Official Journal of the European Union L 188/73. For each type of motor vehicle, the financial incentives 
referred to in paragraphs 1 and 2 shall not exceed the additional 
cost of the technical devices used to ensure compliance with the 
emission limits specified in Annex I, including the cost of instal ­
lation on the vehicle.  
4. The Commission shall be informed of plans to institute or 
change the financial incentives referred to in paragraphs 1 and 
2. 
Article 11  
Penalties  
1. Member States shall lay down the provisions on penalties 
applicable for infringement of the provisions of this Regulation 
and its implementing measures and shall take all measures 
necessary to ensure that they are implemented. The penalties 
provided for must be effective, proportionate and dissuasive. 
Member States shall notify those provisions to the Commission 
by 7 February 2011 and shall notify it without delay of any 
subsequent amendment affecting them.  
2. The types of infringements by manufacturers which are 
subject to a penalty shall include:  
(a) making false declarations during the approval procedures or 
procedures leading to a recall;  
(b) falsifying test results for type-approval or in-service 
conformity;  
(c) withholding data or technical specifications which could 
lead to recall or withdrawal of type-approval;  
(d) use of defeat strategies;  
(e) refusal to provide access to information.  
The types of infringements by manufacturers, repairers and 
operators of the vehicles which are subject to a penalty shall 
include tampering with systems which control NO  x emissions. 
This shall include, for example, tampering with systems which 
use a consumable reagent.  
The types of infringements committed by operators of the 
vehicles which are subject to a penalty shall include driving a 
vehicle without a consumable reagent.  
Article 12  
Redefinition of specifications  
1. After the completion of the relevant parts of the PMP of 
the UN/ECE, conducted under the auspices of the World Forum for Harmonisation of Vehicle Regulations, the Commission 
shall, without lowering the level of environmental protection 
within the Community:  
(a) introduce as an additional control upon emissions of 
particulate matter particle number based limit values set at 
a level appropriate to the technologies actually being used at 
that time to meet the particulate mass limit;  
(b) adopt a measurement procedure for particle number.  
The Commission shall also, without lowering the level of 
environmental protection within the Community, specify a 
limit value for emissions of NO  2 in addition to that for total 
emissions of NO  x , if appropriate. The limit for emissions of 
NO  2 shall be set at a level reflecting the performance of then 
existing technologies.  
Those measures, designed to amend non-essential elements of 
this Regulation, inter alia, by supplementing it, shall be adopted 
in accordance with the regulatory procedure with scrutiny 
referred to in Article 13(2).  
2. The Commission shall establish correlation factors 
between the European transient cycle (ETC) and the European 
steady state cycle (ESC) as described in Directive 2005/55/EC, 
and the worldwide harmonised transient driving cycle (WHTC) 
and the worldwide harmonised steady state driving cycle 
(WHSC) and shall adapt the limit values to that effect. Those 
measures, designed to amend non-essential elements of this 
Regulation, inter alia, by supplementing it, shall be adopted in 
accordance with the regulatory procedure with scrutiny referred 
to in Article 13(2).  
3. The Commission shall keep under review the procedures, 
tests and requirements referred to in Article 5(4) as well as the 
test cycles used to measure emissions.  
If the review finds that those procedures, tests, requirements and 
test cycles are no longer adequate or no longer reflect actual 
world emissions, they shall be adapted so as to adequately 
reflect the emissions generated by real driving on the road. 
Those measures, designed to amend non-essential elements of 
this Regulation, inter alia, by supplementing it, shall be adopted 
in accordance with the regulatory procedure with scrutiny 
referred to in Article 13(2).  
4. The Commission shall keep under review the pollutants 
listed in point 2 of Article 3. If the Commission concludes that 
it is appropriate to regulate the emissions of additional pollu ­
tants, it shall submit to the European Parliament and to the 
Council a proposal for amending this Regulation.EN L 188/8 Official Journal of the European Union 18.7.2009Article 13  
Committee procedure  
1. The Commission shall be assisted by the Technical 
Committee — Motor Vehicles (TCMV) established by 
Article 40(1) of Directive 2007/46/EC.  
2. Where reference is made to this paragraph, Article 5a(1) 
to (4) and Article 7 of Decision 1999/468/EC shall apply, 
having regard to the provisions of Article 8 thereof.  
Article 14  
Implementation  
The Commission shall adopt the implementing measures 
referred to in Article 4(3), Article 5(4), Article 6(2) and 
Article 12(1)(a) and (b) by 1 April 2010.  
Article 15  
Amendments to Regulation (EC) No 715/2007  
Regulation (EC) No 715/2007 is hereby amended as follows:  
1. Article 5(3) shall be amended as follows:  
(i) after point (h), the word ‘and’ shall be deleted;  
(ii) the following point shall be added:  
‘(j) measurement of engine power.’;  2. Article 14(6) shall be deleted.  
Article 16  
Amendments to Directive 2007/46/EC  
Annexes IV, VI and XI to Directive 2007/46/EC are amended in 
accordance with Annex II to this Regulation.  
Article 17  
Repeal  
1. Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC are 
repealed with effect from 31 December 2013.  
2. References made to the repealed Directives shall be 
construed as references to this Regulation.  
Article 18  
Entry into force  
This Regulation shall enter into force on the 20th day following 
its publication in the  Official Journal of the European Union . 
It shall apply from 7 August 2009. However, Articles 8(3) and 
10 shall apply from 7 August 2009 and points 1(a)(i), 1(b)(i), 
2(a), 3(a)(i), 3(b)(i), 3(c)(i), 3(d)(i) and 3(e)(i) of Annex II shall 
apply from 31 December 2013.  
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels, 18 June 2009.  
For the European Parliament 
The President  
H.-G. PÖTTERING  For the Council 
The President  
Š. FÜLEEN 18.7.2009 Official Journal of the European Union L 188/9ANNEX I  
Euro VI emission limits  
Limit values  
CO 
(mg/kWh)  THC 
(mg/kWh)  NMHC 
(mg/kWh)  CH  4 
(mg/kWh)  NO  X ( 1 ) 
(mg/kWh)  NH  3 
(ppm)  PM mass 
(mg/kWh)  PM (  2 ) 
number 
(#/kWh)  
ESC (CI)  1 500  130  400  10  10  
ETC (CI)  4 000  160  400  10  10  
ETC (PI)  4 000  160  500  400  10  10  
WHSC (  3 ) 
WHTC (  3 ) 
Note: 
PI = positive ignition. 
CI = compression ignition. 
( 1 ) The admissible level of NO  2 component in the NO  x limit value may be defined at a later stage. 
( 2 ) A number standard is to be defined at a later stage and no later than 1 April 2010. 
( 3 ) The limit values relating to WHSC and WHTC, replacing the limit values relating to ESC and ETC, will be introduced, at a late r stage, 
once correlation factors with respect to the current cycles (ESC and ETC) have been established, no later than 1 April 2010.EN L 188/10 Official Journal of the European Union 18.7.2009ANNEX II  
Amendments to Directive 2007/46/EC  
Directive 2007/46/EC is hereby amended as follows:  
1. Part I of Annex IV shall be amended as follows:  
(a) the table shall be amended as follows:  
(i) points 40 and 41 shall be deleted;  
(ii) the following point shall be inserted:  
Subject  Regulatory act 
reference  Official Journal reference  Applicability  
M 1 M 2 M 3 N 1 N 2 N 3 O 1 O 2 O 3 O 4 
‘41a Emissions (Euro VI) 
heavy duty vehicles/ 
access to information  Regulation 
(EC) No 
595/2009  OJ L 188, 18.7.2009, 
p. 1  X 12 X 12 X X  12 X 12 X’ 
(iii) the following note shall be added:  
‘( 12 ) For vehicles with a reference mass exceeding 2 610 kg which are not type-approved (at the manu ­
facturer’s request and provided their reference mass does not exceed 2 840 kg) under Regulation (EC) No 
715/2007.’;  
(b) in the Appendix, the table shall be amended as follows:  
(i) points 40 and 41 shall be deleted;  
(ii) the following point shall be inserted:  
Subject  Regulatory act reference  Official Journal reference  M  1 
‘41a  Emissions (Euro VI) heavy duty 
vehicles, with the exception of the 
whole set of requirements relating 
to on-board diagnostics (OBDs) and 
access to information/access to 
information  Regulation (EC) No 
595/2009  OJ L 188, 18.7.2009, p. 1  A’  
2. in the Appendix to Annex VI, the table shall be amended as follows:  
(a) points 40 and 41 shall be deleted;  
(b) the following point shall be inserted:  
Subject  Regulatory act reference  As amended by  Applicable to versions  
‘41a Emissions (Euro VI) heavy duty vehicles/access to 
information  Regulation (EC) No 
595/2009’EN 18.7.2009 Official Journal of the European Union L 188/113. Annex XI shall be amended as follows:  
(a) in Appendix 1, the table shall be amended as follows:  
(i) points 40 and 41 shall be deleted;  
(ii) the following point shall be inserted:  
Item  Subject  Regulatory act 
reference  M 1 ≤ 2 500 (  1 ) 
kg M 1 > 2 500 (  1 ) 
kg M 2 M 3 
‘41a  Emissions (Euro VI) heavy duty 
vehicles/access to information  Regulation (EC) 
No 595/2009  G + H  G + H  G + H  G + H’  
(b) in Appendix 2, the table shall be amended as follows:  
(i) points 40 and 41 shall be deleted;  
(ii) the following point shall be inserted:  
Item  Subject  Regulatory act 
reference  M 1 M 2 M 3 N 1 N 2 N 3 O 1 O 2 O 3 O 4 
‘41a  Emissions (Euro VI) heavy 
duty vehicles/access to 
information  Regulation (EC) 
No 595/2009  X X  X  X  X  X’  
(c) in Appendix 3, the table shall be amended as follows:  
(i) points 40 and 41 shall be deleted;  
(ii) the following point shall be inserted:  
Item  Subject  Regulatory act reference  M  1 
‘41a  Emissions (Euro VI) heavy duty vehicles/access to information  Regulation (EC) No 
595/2009  X’ 
(d) in Appendix 4, the table shall be amended as follows:  
(i) points 40 and 41 shall be deleted;  
(ii) the following point shall be inserted:  
Item  Subject  Regulatory act reference  M  2 M 3 N 1 N 2 N 3 O 1 O 2 O 3 O 4 
‘41a  Emissions (Euro VI) heavy 
duty vehicles/access to 
information  Regulation (EC) No 
595/2009  H H  H  H  H’EN L 188/12 Official Journal of the European Union 18.7.2009(e) in Appendix 5, the table shall be amended as follows:  
(i) points 40 and 41 shall be deleted;  
(ii) the following point shall be inserted:  
Item  Subject  Regulatory act 
reference  Mobile crane of category N  3 
‘41a  Emissions (Euro VI) heavy duty vehicles/access to 
information  Regulation (EC) 
No 595/2009  V’EN 18.7.2009 Official Journal of the European Union L 188/13