EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft 
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Commission Regulation (EU) 2017/1151 as regards the emission type 
approval procedures for light passenger and commercial vehicles  
 
(Text with EEA relevance)    
EN 1  EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending Commission Regulation (EU) 2017/1151 as regards the emission type 
approval procedures for light passenger and commercial vehicles  
 
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union,  
Having regard to Regulation (EC) No 715/2007 of the European Parliament and of the 
Council of 20 Jun e 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 information1, and in particular Articles 5(3) and 14(3)  thereof,  
Whereas:  
(1) Regulation (EC) No 715/2007 is a separate act regulating the emissions type approval 
of motor vehicles and required for  the type -approval of motor vehicles as laid down in 
Regulation (EU) 2018/8582. It requires new light passenger and commercial vehicles 
to comply with certain emission limits. To achieve a uniform understanding in type 
approval legislation, t he definitions of Regulation (EC) No 715/2007 and Regulation 
(EU) 2018/858 should be aligned. The specific technical provisions necessary to 
implement that Regulation are contained in Commission Regulation (EU) 2017/11513. 
(2) The provisions on access to vehicle on-board diagnostics  (OBD ) information and 
vehicle repair and maintenance informationhave b een replaced  from Chapter III of 
Regulation EC No 715/2007 by Article 86 of that Regulation and have been integrated 
in Chapter XIV of  Regulation (EU) 2018/858, which applies since 1 September 2020. 
Therefore, the provisions in Regulation (EU) No 2017/1151  relating to access to such 
information should be deleted . 
(3) Since the introduction of the real driving emission (RDE) methodology  in the 
requirements for vehicle testing by Regulation (EU) 2016/427 , which was taken over 
in Annex IIIA to Regulation (EU) 2017 /1151 , all vehicles may be tested at low 
ambient temperatures. The specific requirement to present information that the 
                                                 
1 OJ L 171, 29.6.2007, p. 1.  
2 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).  
3 Commission Regulation ( EU) 2017/1151  of 1 June 2017  supplementing Regulation (EC) No 715/2007 
of the European Parli ament 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, amending Directive 2007/46/EC of the Europea n Parliament and 
of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 
1230/2012 and repealing Regulation (EC) No 692/2008  (OJ L 175, 7.7.2017, p.1) .  
EN 2  EN nitrogen oxides ( NOx ) pollution control devices reach sufficiently high temperature 
within 400 sec onds  at -7 °C is therefore redundant and should be deleted .  
(4) In order to allow monitoring the consumption of fuel and/or electric energy for all 
types of vehicles covered by  this Regulation, the requirements for such monitoring 
should  apply  to vehicles of N 2 category. As this is a new requirement  for that category , 
vehicle manufacturers need  sufficient lead time to realise compliance. . 
(5) In order to be able to identify whether a tested vehicle operates in the base emission 
strategy (BES) or in an Alternative Emission Strategy (AES) an app ropriate indication 
of AES activation should be introduced in vehicles  informing when an AES is used . 
Appropriate lead time is needed in order to introduce such indicator in all new 
vehicles.  
(6) A formal documentation package should be made available to allo w other type 
approval authorities, technical services, third part ies, the Commission or market 
surveillance authorities to understand whether higher emissions than expected during 
testing under certain conditions could be attributed to an AES.  
(7) With the en try into force of Regulation (EU) 2018/858, the provisions for in-service 
conformity (ISC)  checks need to be adapted to take into account new actors as third 
parties  for ISC testing .  
(8) The application of ISC checks are to be facilitated by an electronic platform on ISC. 
The development of this platform showed the need for certain changes in the 
transparency lists.  At the same time, the transparency lists should be streamlined to 
contain only the necessary elements for ISC testing.  
(9) A UN Regulation on Real Driving Emissions (RDE) is being developed in the UN 
World Forum for Harmonization of Vehicle Regulations with improvements in the 
structure and other elements of the RDE methodology. The changes by that UN 
Regulation on RDE have not  yet been formally adopted . As these changes represent 
the latest technical developments, , it is necessary to introduce these improvements  
already in Annex IIIA of this Regulation.  
(10) The Joint Research Centre published two review reports in 20204 and 20215 on the 
assessment of the conformity factors used in the RDE procedure  representing the latest 
state of knowledge on the performance of portable emission measurement systems . It 
is therefore appropriate to lower the conformity factors in line with the best ava ilable 
scientific knowledge contained in these reports. The lowering of the conformity 
factors should  be accompanied by changes in the methodology of the calculation of 
the results of an RDE test.  
(11) The Worldwide Harmonised Light -duty Test Procedure (WLTP) was first adopted in 
the UN World Forum for Harmonization of Vehicle Regulations as Global Technical 
Regulation (GTR) No 156 and later as UN Regulation No 1547. Certain amendments 
                                                 
4 Valverde Morales, V., Giechaskiel, B. and Carriero, M., Real Driving Emissions: 2018 -2019 
assessment of Portable Emissions Measurement Systems (PEMS) measurement uncertainty, EUR 
30099 EN, Publications Office of the European Union, Luxembourg, 2020, ISBN 978 -92-76-16364 -0, 
doi:10.2760/684820, JRC114416.  
5 Giechaskiel, B., V alverde Morales, V. and Clairotte, M., Real Driving Emissions (RDE): 2020 
assessment of Portable Emissions Measurement Systems (PEMS) measurement uncertainty, EUR 
30591 EN, Publications Office of the European Union, Luxembourg, 2021, ISBN 978 -92-76-30230 -8, 
doi:10.2760/440720, JRC124017.  
6 Global technical regulation No. 15  on Worldwide harmonized Light vehicles Test Procedure   
EN 3  EN have been introduced to the WLTP methodology in the UN  in order to take into  
account the latest developments of  technical progress . It is therefore appropriate to 
align the WLTP methodology  laid down in this Regulation  with the UN Regulation.  
(12) UN Regulation No 154 covers two sets of regional requirements, termed Level 1A and 
Level 1B. Although the majority of that UN Regulation  is applicable to both Level 1A 
and Level 1B, certain requirements are specific to a particular level. For application of 
UN Regulation No 154 in the U nion, only the level 1A requirements are relevant  as 
only this level is based on the four phase test cycle ( low, medium , high and extra -high) 
used in the U nion.  
(13) To minimise complexity of this Regulation and to avoid duplication of regulatory 
provisions, r ather than transposing the provisions of UN Regulation No 154 to this 
Regulation, the text in the relevant Annexes should be replaced by appropriate 
reference to UN Regulation No 154.  
(14) Based on recommendations by the Joint Research Centre, i t is appropriate to amend 
the respective test procedure for the conformity  of production (CoP) assessment of 
carbon dioxide  (CO 2) emissions of vehicles, including the run -in procedure  in order to 
allow for technical progress .  
(15) In order to reduce testing flexibilities, some specific provisions should be introduced, 
such as provis ions on the use of computational fluid dynamics (CFD) simulation tools 
and its validation, as well as on the setting of a coasting functionality in dynamometer 
operation.  
(16) An additional gearshift calculation tool, developed by the Joint Research Centre, 
should be  introduced as reference. This tool is equivalent to the existing gearshift 
tools, is freely available and is using open source programming language.  
(17) An update to the Type 5 test for verifying the durability of pollution control devices 
and updated O BD requirements  is necessary  to reflect the changes from the previous 
test, based on the New European Driving Cycle (NEDC) to the WLTP.  
(18) A significant difference between the average real -world CO 2 emissions of plug-in 
hybrid electric vehicles  and their  CO 2 emissions determined by WLTP  was shown  in 
recent  studies . In order to ensure that the CO 2 emissions determined for such vehicles 
are representative of real driver behaviour, the utility factors applied for the purpose of 
the CO 2 emission determination at t ype approval should be revised. As a first step, 
new utility factors should be de fined on the basis of available  data. As a second step, 
those factors should be further revised, taking into account data from fuel consumption 
monitoring devices on -board suc h vehicles and collected in accordance with 
Commission Implementing Regulation (EU) 2021/3928.  
(19) Some requirements introduced in this amendment , such as the indicator for AES 
activation,  require adaptation of the vehicle and therefore additional time is required 
for their application, while most of the requirements could be applied sooner.  
                                                                                                                                                         
7 [Publication office please enter the confirmed reference]  
8 Commission Implementing Regulation (EU) 2021/392 of 4 March 2021on the  monitoring and reporting 
of data relating to CO2 emissions from passenger cars and light commercial vehicles pursuant to 
Regulation (EU) 2019/631 of the European Parliament and of the Council and repealing Commission 
Implementing Regulations (EU) No 1014/ 2010, (EU) No 293/2012, (EU) 2017/1152 and (EU) 
2017/1153 (OJ L 77, 5.3.2021, p. 8).   
EN 4  EN (20) It is therefore appropriate to amend Regulation (EU) 2017/1151  accordingly  and 
introduce the require ments in three distinct steps . 
(21) In order to provide Member States, national authorities and economic operators with 
sufficient time to prepare for the application of the rules introduced by this Regulation, 
the date of application of this Regulation should be deferred.  
(22) The measures provided for in this Regulation are in accordance with the opinion of the 
Technical Committee - Motor Vehicles , 
HAS ADOPTED THIS REGULATION:  
Article 1  
Regulation (EU) 2017/1151 is amended as follows:  
(1) Article 2 is amended as follow s: 
(a) the introductory phrase  is replaced by the following:  
‘For the purposes of this Regulation, the definitions in Regulation (EU) 2018/858 of 
the European Parliament and the Council shall apply.  
The following definitions shall also apply: ’; 
(b) point 1 is amended as follows:  
(1) the introductory phrase  is replaced by the following:  
‘‘vehicle type with regard to emissions’ means a group of vehicles 
which :” ’; 
(2) point (a) is replaced by  the following :  
‘(a) do not differ with respect to the criteria constituting an  "interpolation 
family" as specified  in paragraph 6.3.2 of UN Regulation No 154 *;’; 
*UN Regulation No 154 – Uniform provisions concerning the approval 
of light duty passenger and commercial vehicles with regards to criteria 
emissions, emissions of carbon d ioxide and fuel consumption and/or the 
measurement of electric energy consumption and electric range (WLTP) 
([OJ L xxx, xx.xx.2022, p. xx. [to be completed by the Publications 
Office before adoption, as soon as OJ publication of the 02 series of 
amendment to UN Regulation 154 has taken place]).  
(3) point (b) is replaced by  the following :  
‘(b) fall in a single "CO 2 interpolation range" within the meaning of 
paragra ph 2.3.2 of Annex B6 to UN Regulation No. 154  or paragraph 
4.5.1. of Annex B8 to UN Regulation 154 ;’; 
(4) in point (c) , the second indent is replaced by  the following :  
‘–exhaust gas recirculation (with or without, internal/external, 
cooled/non -cooled, low/high/combined pressure) ’; 
(c) point 2 is replaced by the following:  
‘(2) ‘EC type -approval of a vehicle w ith regard to emissions’ means an EC 
type-approval of the vehicles with regard to their tailpipe emissions, crankcase 
emissions, evaporative emissions and fuel consumption;  ’;  
EN 5  EN (d) point 8 is amended as follows:  
(a) point (a) is replaced by the following:  
‘(a) number and kind of substrates, structure and material; ’ 
(b) the following point (i) is added:  
‘(i) required reagent (if applicable) ;’; 
(e) point 10  is replaced by  the following :  
‘ (10) ‘mono fuel gas vehicle’ means a mono -fuel vehicle that is designed 
primarily f or permanent running on LPG or NG/biomethane or hydrogen, but 
may also have a petrol system for emergency purposes or starting only, where 
the nominal capacity of the petrol tank does not exceed 15 litres ; ’; 
(f) point 11  is replaced by  the following : 
‘ (11) ‘bi-fuel vehicle’ means a vehicle with two separate fuel storage systems 
that is designed to run primarily on only one fuel at a time  most of the time ;’ ; 
(g) point 17 is replaced by the following:  
‘ (17) ‘properly maintained and used’ means, for the purpose of  a test vehicle, 
that such a vehicle satisfies the criteria for acceptance of a selected vehicle laid 
down  in Appendix 1 of Annex II ’; 
(h) point  20 is replaced by the following:  
‘ (20) ‘malfunction ’ means the failure of an emission -related component or 
system that would result in emissions exceeding the thresholds  in Table 4A of 
paragr aph 6.8.2  of UN Regulation No. 154  or if the OBD system is unable to 
fulfil the basic monitoring requirements set out in Annex C5 to UN Regulation 
No. 154 ; ’; 
(i) point  22 is replaced by the following:  
‘(22) ‘driving cycle’ means, in respect of vehicle OBD systems, the key -on, a 
driving mode where a malfunction would be detected if present, and key -off’; 
(j) point 23 is deleted;  
(k) the following point  23a is inserted : 
‘(23a) ‘third party ’ means a third party complying with the requirements of 
Commission Implementing Regulation (EU) 2022/ 163*’ 
*Commission Implementing Regulation (EU) 2022/163 of 7 February 2022 
laying down the rules on the application of Regulation (EU) 2018/858 of the 
European Parliament and of the Council as regards functional requirements for 
market surveillance of vehicles, systems, components and separate technical 
units (OJ L 27, 8.2.2022, p. 1). ; 
(l) point  25 is replaced by the following:  
‘ (25) ‘deteriorated r eplacement pollution control device’ means a pollution 
control device as defined in Article 3(11) of Regulation (EC) No 715/2007 that 
has been aged or artificially deteriorated to such an extent that it fulfils the 
requirements laid out in paragra ph 1 of Appendix 1 of Annex C4 to UN 
Regulation No. 154 ’;  
EN 6  EN (2) Article 3 is amended as follows:  
(a) paragraph 1 is replaced  by the following :  
‘1. In order to receive an EC type -approval with regard to emissions, the 
manufacturer shall demonstrate that the vehicles comply w ith the requirements 
of this Regulation when tested in accordance with the test procedures specified 
in Annexes IIIA to VIII, XI, XVI, XX, XXI and XXII. The manufacturer shall 
also ensure that the reference fuels comply with the specifications set out in 
Annex IX. ’; 
(b) in paragraph 2 , the following subparagraph is added:  
‘In all references to  UN Regulation No. 154 , only the European Union related 
requirements characterised by level 1A  shall apply.  References in UN 
Regulation No. 154 to ‘criteria emissions’ shall be understood as references to 
‘pollutant emissions’ in this Regulation. ’; 
(c) in paragraph 3 , the second subparagraph is replaced by  the following :  
‘The emissions tests for roadworthiness purposes set out in Annex IV and the 
tests for fuel consumption and CO 2 emissions set out in Annex XXI shall be 
required to obtain EC type -approval with regard to emissions under this 
paragraph.’;  
(d) paragraph 7 is replaced by  the following ; 
‘7. Mono -fuel gas vehicles shall be tested in the Type 1 test for variation in th e 
composition of either LPG or NG/biomethane, as set out in Annex B6 to UN 
Regulation No 154 for pollutant emissions, with the fuel used for the 
measurement of the net power in accordance with Annex XXof this 
Regulation.  
Bi-fuel gas vehicles shall be test ed with petrol and either LPG or 
NG/biomethane. The tests on LPG or NG/biomethane shall be performed for 
variation in the composition of LPG or NG/biomethane, as set out in Annex B6  
to UN Regulation No . 154 for pollutant emissions, and with the fuel used f or 
the measurement of the net power in accordance with Annex XX of this 
Regulation. ’  
(e) paragraph 10, second subparagraph is deleted ; 
(f) Paragraph 11 , the first and the second subparagraphs  are replaced by the 
following : 
’11. The manufacturer shall ensure that,  throughout the normal life of a vehicle 
which is type approved in accordance with Regulation (EC) No 715/2007, its 
final RDE emission  result s as determined in accordance with Annex IIIA and 
emitted at any Type 1a test performed in accordance with  that Ann ex, do not 
exceed the emission limits for NOx and PN . 
Type approval in accordance with Regulation (EC) No 715/2007 may only be 
issued if the vehicle is part of a validated PEMS tes t family in accordance iwith  
point  3.3 of Annex IIIA. ’; 
(3) In Article 4 , paragraph s 4 to 6 are replaced by the following:   
EN 7  EN ‘4. When tested with a defective component in accordance with  Appendix 1 of 
Annex  C5 to UN Regulation No. 154, the OBD system malfunction  indicator shall be 
activated.   
The OBD system malfunction indicator may also activate during this test at levels of 
emissions below the  OBD thresholds  specified in  Table 4A of paragraph 6.8.2 of UN 
Regulation No. 154 . 
5. The manufacturer shall ensure that the OBD system complies with the 
requirements for in -use performance  set out in Section 1 of Appendix 1 to Annex XI 
under all reasonably foreseeable driving conditions.  
6. In-use performance related data to be stored and reported by a vehicle's OBD 
system according to the provisions of Section 1 of Appendix 1 to Annex XI shall be 
made readily available by the manufacturer to national authorities and independent 
operators without any encryption. ’; 
(4) In Article 4a , the –introductory phrase  is replaced by the following:  
‘The manufacturer shall ensure that the following vehicles  of categories M1,  N1 and 
N2 are equipped with a device for determining, storing and making available data on 
the quantity of fuel and/or electric energy used for the operation of the vehicle: ’; 
(5) Article 5 is amended as follows:  
(a) the title is replaced by:  
‘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 .’; 
(c) paragraph 3 is amended as follows:  
(1) point (a) is replaced by the following:  
‘(a) in the case of vehicles equipped with positive -ignition engines, a 
declaration by the manufacturer of the minimum percentage of misfires out of a 
total number of firing events that either would result in emissions  exceeding  
the OBD  thresholds  laid out  in Table 4A of paragraph 6.8.2 of UN Regulation 
No. 154  if that percentage had been present from the start of a type 1 test as 
chosen for the demonstration in accordance with  Annex  C5 to  UN Regulation 
No. 154  or could lead to an exhaust catalyst, or catalysts, overheating prior to 
causing irreversible  damage; ’; 
(2) points ( d) to (g) are replaced by the following:  
‘(d) a declaration by the manufacturer that the OBD system complies with t he 
provisions of section 3 of Appendix 1 to Annex XI relating to in -use 
performance under all reasonably foreseeable driving conditions;  
(e) a plan describing the detailed technical criteria and justification for 
incrementing the numerator and denominator of each monitor that  must fulfil 
the requirements of paragraphs 7.2 and 7.3. of Appendix 1 to Annex  C5 of UN 
Regulation No  154, as well as for disabling numerators, denominators and the 
general denominator under the conditions outlined in paragraph 7.7 of 
Appendix 1 to Annex  X C5 of UN Regulation No  154;   
EN 8  EN (f) a description of the provisions taken to prevent tampering with and 
modification of the emission control  systems, including the emission control  
computer  and odometer including the recording of mileage  values for the 
purposes of the requirements of Annexes XI and  XVI;   
(g) if applicable, the particulars of the vehicle family as referred to in  
paragraph 6.8.1. of UN Regulation No  154;’ ; 
(d) in paragraph 6 , the first and the second subparagraph  are replaced by the 
following:  
‘For the purposes of paragraph 3, points (d) and (e) of, approval authorities 
shall not approve a vehicle if the information submitted by the manufacturer is 
inappropriate for fulfilling the requirements of section 1 of Appe ndix 1 to 
Annex XI.  
Paragraphs 7.2, 7.3 and 7.7 of Appendix 1 to Annex  C5 of UN Regulation No  
154 shall apply under all reasonably foreseeable driving conditions. ’; 
(e) paragraph 11 is amended as follows:  
(a) the following subparagraph is added  after the first subparagraph : 
‘For vehicles approved under the character EB as defined in Table 1, Appendix 
6 to Annex I, t he manufacturer shall also introduce  an indicator (AES Flag) 
that shall be read through the OBD port to indicate  when a vehicle runs in AES 
mode (AES Fl ag mode 1) instead of BES mode (AES Flag mode 0). The Flag 
shall also contain the serial number of the applied AES. ’ 
(b) the sixth subparagraph is replaced by the following:  
‘The approval authority may test the functioning of AES.  ’ 
(c) the following subparagraphs  are added after the sixth subparagraph:  
‘A list of  AES  which were deemed non -acceptable by type approval authorities 
shall be compiled yearly by the  Forum for Exchange of Information on 
Enforcement and made available to the public by the Commission  at the  latest 
by end of March  of the following year, in case there were AES which were 
deemed non -acceptable.   
The manufacturer shall also provide to the approval authorities a formal 
documentation package, as in Appendix 3a to Annex I, containing information 
on AES/BES that would allow an independent tester to identify if the emissions 
measured can be attributed to an AES or BES strategy or are potentially due to 
a defeat device. The formal documentation package shall  be made available to 
all type approval autho rities, technical services, market surveillance authorities, 
third parties and the Commission upon request.  
Vehicles  of category M1 or N1 shall be approved with emission characters EA, 
EB or EC as specified  in Table 1, Appendix 6 to Annex I, taking into ac count 
the utility factors determined in accordance with the values specified in Table 
A8.App5/1 of point 3.2. of Annex XXI. ’; 
(f) paragraph 12 is replaced by the following:  
‘12. The manufacturer shall also provide the  type approval authority which 
granted the emission type -approval under this Regulation (‘granting  type 
approval authority’) with a package on testing transparency containing the  
EN 9  EN necessary information in order to allow the performance of testing in 
accordance with point 5.9  of Annex II.   
Once the e lectronic platform for ISC is ready, the manufacturer shall also 
upload all required data into the platform for all its vehicles. The information in 
the transparency lists shall be limited to the prescribed information required by 
Appendix 5 of Annex II.’  
(6) Article 6 is amended as follows:  
(a) the title is replaced by  the following :  
‘Administrative provisions for EC type -approval of a vehicle with regard to 
emissions ’; 
(b) paragraph 1 is replaced by  the following :  
‘1. If all the relevant requirements are met, the a pproval authority shall grant an 
EC type -approval and issue a type -approval number in accordance with the 
numbering system set out in Annex IV to  Regulation  (EU) 2020/683*. 
Without prejudice to the provisions of Annex IV to  Regulation  (EU) 2020/683 , 
Section 3 of the type -approval number shall be drawn up in accordance with 
Appendix 6 to Annex I.  
An approval authority shall not assign the same number to another vehicle 
type. ’ 
* Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 
implement ing Regulation (EU) 2018/858 of the European Parliament and of 
the 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 unit s intended for such vehicles, 
C/2020/2138 (OJ L 163, 26.5.2020, p. 1). ; 
(c) paragraph 2 is replaced by  the following :  
‘2. By way of derogation from paragraph 1, at the request of the manufacturer, 
a vehicle with an OBD system may be accepted for type -approval  with regard 
to emissions,  even though the system contains one or more deficiencies such 
that the specific requirements of Annex XI are not fully met, provided that the 
specific administrative provisions set out in Section 3 of that Annex are 
complied with . 
The approval authority shall notify the decision to grant such a type approval to 
all approval authorities in the other Member States in accordance with the 
requirements set out in Article 27 of Regulation (EU) 2018/858 .’; 
(7) in Article 7 , the first paragra ph is replaced by the following:  
‘Articles 27, 33 and 34 of Regulation 2018/858 shall apply to any amendments to the 
type-approvals granted in accordance  to Regulation (EC) No 715/2007. ’; 
(8) in Article 8 , paragraph 1 is replaced by the following:  
‘1. Measures  to ensure the conformity of production shall be taken in accordance 
with Article 31 of Regulation (EU) 2018/858.   
The provisions laid down in Section 4 of Annex I to this Regulation and the relevant 
statistical method in Appendix 2  of UN Regulation No. 154 shall apply. ’;  
EN 10  EN (9) Article 9 is amended as follows:  
(a) the title is replaced by the following :  
‘In-service conformity’;   
(b) paragraph 1 is replaced by the following:  
‘1. Measures to ensure in -service conformity of vehicles type -approved under 
this Regulation shall be taken in accordance with  the conformity of production 
arrangements as laid down in Article 31 of Regulation  (EU)  2018/858 ,Annex  
IV to Regulation  (EU)  2018/858  and Annex II to this Regulation.’;  
(c) in paragraph 4, the second sentence  is replaced by th e following:  
‘For such families, the manufacturer shall provide the approval authority with a 
report of any emissions related warranty and relevant repair as set out in point 
4 of Annex II.’;  
(d) paragraph 5 is replaced by the following:  
‘The manufacturer  and the granting type approval authority shall perform in -
service conformity checks in accordance with Annex II.  Other type approval 
authorities, technical services, the Commission and third parties may perform  
parts of the  in-service conformity checks in acco rdance with Annex II.  The 
data required to perform such checks are regulated in the Commission 
Implementing Regulation 2022/163* and Annex II of this Regulation .’ 
*Commission Implementing Regulation (EU) 2022/163 of 7 February 2022 
laying down the rules on  the application of Regulation (EU) 2018/858 of the 
European Parliament and of the Council as regards functional requirements for 
market surveillance of vehicles, systems, components and separate technical 
units (OJ L 27, 8.2.2022, p. 1). ; 
(e) paragraph 7 is r eplaced by the following:  
‘7. If a type  approval authority, technical service, the Commission or a third  
party  has established that an in -service conformity family fails the in -service 
conformity check, it shall notify without delay the granting type approval 
authority, in accordance with  Article 54(1) of Regulation (EU) 2018/858.   
Following that notification and subject to the provisions of  Article 54(5) of 
Regulation (EU) 2018/858, the granting approval authority shall inform the 
manufacturer that an  in-service conformity family fails the in -service 
conformity checks and that the procedures laid out  in points 6 and 7  of Annex 
II shall be followed.  
If the granting approval authority establishes that no agreement can be reached 
with a  type approval auth ority that has established that an in -service 
conformity family fails the in -service conformity check, the procedure pursuant 
to Article 54(5) of Regulation (EU) 2018/858 shall be initiated.  ’; 
(f) paragraph 8 is replaced by the following:  
‘8. In addition to p oints 1 to 7, the following shall apply to vehicles type 
approved in accordance with  Annex II.   
(a) vehicles submitted to multi -stage type -approval, as defined in Article 3(8 ) 
of Regulation EU 2018/858 , shall be checked for in -service conformity in  
EN 11  EN accorda nce with the provisions  for multistage approval set out in point 5.10.6 
of Annex II to this Regulation.  
(b) hearses as specified  in Appendix 1 of Part III of Annex II to Regulation EU 
2018/858, a rmoured vehicles  as defined in Appendix 2 of Part III of Ann ex II 
to Regulation EU 2018/858  and wheelchair accessible vehicles as defined in 
Appendix 3 of Part III  of Annex II to Regulation EU 2018/858  shall not be 
subject to the provisions of this Article. All other special purpose vehicles as 
defined in Appendix 4 of Part III of Annex II to Regulation EU 2018/858 , shall 
be checked for in - service conformity in accordance with the  rules for 
multistage type -approvals set out in  Annex II to this Regulation.  ’; 
(10) in Article 10 paragraph 1  third subparagraph,  the introductory phrase is  replaced by 
the following:  
‘The relevant requirements shall be deemed to be met if the replacement pollution 
control devices have been approved according to UN/ECE Regulation No 103 *. 
* Regulation No 103 of the Economic Commission fo r Europe of the United Nations 
(UNECE) — Uniform provisions concerning the approval of replacement pollution 
control devices for power - driven vehicles [2017/1446] (OJ L 207, 10.08.2017, p. 
30).’; 
(11) in Article 11 paragraph 3 the third subparagraph  is replace d by the following:  
‘The test vehicles shall comply with the requirements set out in Section  2.3 of Annex  
B6 to UN Regulation No  154.’; 
(12) Article 13 is deleted;  
(13) Article 14 is deleted;  
(14) in Article 15 the following paragraph 12 is added:  
’12. For vehicle types with an existing valid type approval issued before 1 September 
2023 , new type approval testing  is not required if the manufacturer declares to the 
type approval authority  that compliance  with the requirements of this Regulation is 
ensured . Requirement s not related to the testing of the vehicle, including required 
declaratio ns and data requirements, apply . ’  
(15) Annex I is amended as set out in Annex I to this Regulation;  
(16) Annex II is replaced by  the text in  Annex II to this Regulation;  
(17) Annex IIIa is replaced by the text in Annex III A to this Regulation;  
(18) Annex V is amended as set out in Annex IV to this Regulation;  
(19) Annex VI is amended as set out in Annex V to this Regulation;  
(20) Annex VII is amended as set out in Annex VI to this Regulation;  
(21) Annex VIII is amended as set out in Annex VII to this Regulation;  
(22) Annex IX is amended as set out in Annex VIII to this Regulation;  
(23) Annex XI is replaced by the text in Annex IX to this Regulation;  
(24) Annex XII is amended as set out in Annex X to this Regulati on; 
(25) Annex XII is amended as set out in Annex XI to this Regulation;  
(26) Annex XIV is deleted;   
EN 12  EN (27) Annex XVI is replaced by  the text in  Annex XII to this Regulation;  
(28) Annex XX is amended as set out in Annex XIII to this Regulation;  
(29) Annex XXI is replaced by the text in in Annex XIV to this Regulation;  
(30) Annex XVI is replaced by  the text in  Annex XV to this Regulation.  
Article  2 
This Regulation shall enter into force on the twentieth  day follo wing that of its publication in 
the Official Journal of the European Union .  
It shall apply from 1 September 2023.  
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