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Official Journal of the European Union
L 1881
Acts adopted under the EC TreatyEuratom Treaty whose publication is obligatory
I
REGULATIONS
REGULATION EC No 5952009 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 7152007 and Directive 200746EC and repealing Directives 801269EEC, 200555EC and
200578EC
Text with EEA relevance
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
2
Having
Community, and in particular Article 95 thereof,
the Treaty establishing
regard
to
the European
3
4
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
Article 251 of the Treaty 2 ,
the procedure
laid down
in
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. This Regulation is a new separate regulation in the
context of the Community type-approval procedure
under Directive 200746EC 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. 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
the
comitology procedures. implementing measures
adopted
under
The Sixth Community Environment Action Programme
adopted by Decision No 16002002EC 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,
Clean Air For Europe CAFE
which established the
another
programme,
adopted
entitled
communication on 21 September 2005
Thematic strategy
the
conclusions of that thematic strategy is that further
for air pollution. One of
Commission
the
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. L 1882
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Official Journal of the European Union
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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. 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. 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. 11
5
6
7
8
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
for NO x
emissions at an early stage should provide long-term,
European Union-wide planning certainty for vehicle
manufacturers. ceilings. Setting
limit values
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. 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
free
internal market, particularly as
movement of goods, freedom of establishment and
freedom to provide services. A great proportion of
such
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. information
regards
the
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
It is essential to establish a common European standard
for the format of vehicle OBD and vehicle repair and
maintenance
that
information. Until such
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. time as
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
the
to
Council with a view to regulating such emissions. the European Parliament and
to
13
It is appropriate to encourage the introduction of alter
low NO x and
native fuel vehicles, which can have
particulate emissions. Thus,
limit values for hydro
carbons, non-methane hydrocarbons and methane
should be introduced. 14
15
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 UNECE and be
consistent with the existing ambitious objectives for the
environment.
In order to achieve these environmental objectives, it is
appropriate to indicate that the particle number limits are
likely
levels of performance
currently obtained with particle filters by using the best
available technology. the highest
to reflect
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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
legislative
proposal to harmonise national legislation on retrofitting
and ensure that it incorporates environmental conditions. therefore draft
should
a
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
20
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. energy
consumption
In order to promote the market for clean and energy
efficient vehicles, the Commission should study the feasi
the development of a definition and a
bility and
methodology of
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
for
separate vehicle types. should be made publicly available
21
to better control actual
In order
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.
to
guarantee the proper operation of systems relying on
the use of a reagent should be introduced. this context, measures
In
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
implemented. that
Those penalties should be effective, proportionate and
dissuasive. they are
27 The requirements of engine power of motor vehicles
contained
in Council Directive 801269EEC 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 7152007 of the
European Parliament and of the Council of 20 June
2007 on type approval of motor vehicles with respect
to emissions
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 7152007 should be amended accordingly
and Directive 801269EEC should be repealed. from
28
to replace
In order to simplify Community legislation, it is appro
priate
the existing heavy duty vehicles
emissions legislation, namely Directive 200555EC 3
and Commission Directive 200578EC 4 , by a regu
lation. The use of a regulation should ensure that the
detailed technical provisions are directly applicable to
manufacturers,
technical
services and that they can be updated in a fast and
efficient way.
Therefore Directives 200555EC and
200578EC should be repealed and Regulation EC
No 7152007 should be amended accordingly. authorities
approval
and
1 OJ L 375, 31.12.1980, p. 46. 2 OJ L 171, 29.6.2007, p. 1. 3 Directive 200555EC 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
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. and particulate pollutants
emission of gaseous
4 Commission Directive 200578EC of 14 November 2005 imple
menting Directive 200555EC and amending Annexes I, II, III, IV
and VI thereto OJ L 313, 29.11.2005, p. 1. L 1884
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29 The measures necessary for the implementation of this
Regulation should be adopted
in accordance with
Council Decision 1999468EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission 1 . 30
31
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
in
Article 5a of Decision 1999468EC. for
information for
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
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. 1 OJ L 184, 17.7.1999, p. 23. 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 200746EC
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 22 of
Regulation EC No 7152007. 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
the
bodywork combinations expected
incomplete vehicle increase the reference mass of the vehicle
to above 2 610 kg. to be built onto
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 7152007 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 200746EC,
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
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6. pollution control device means those components of a
vehicle that control andor limit tailpipe emissions
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
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
computer memory, and of
communicating that information off-board
stored
in
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
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
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. 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
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 132. 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 200746EC
repair,
re-programming or
the remote diagnostic support of
11. vehicle repair and maintenance information means all
information required for diagnosis, servicing, inspection,
re-
periodic monitoring,
initialising or
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
for
type-approval or authorisation process and
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
involved
13. independent operator means undertakings other than
authorised dealers and repairers which are directly or
indirectly
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
for
services, operators offering
installers, manufacturers and repairers of equipment for
alternative fuel vehicles
training
testing
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
in
into service within the Community, are type-approved
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,
life of the vehicles under normal
throughout the 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
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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
e CO 2 emissions and fuel consumption
f granting extension of type-approvals
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-
it,
essential elements of this Regulation by supplementing
shall be adopted in accordance with the regulatory procedure
with scrutiny referred to in Article 132. 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
Article 5
Requirements and tests
1. Manufacturers shall ensure compliance with the emission
limits set out in Annex I. 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. 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. The use of defeat strategies that reduce the effectiveness of
3. emission control equipment shall be prohibited. 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 132. Article 6
Access to information
The Commission shall adopt measures for the implemen
4. tation of this Article including measures in relation to the
following
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. 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
and
environmental
existing
emissions at idling speed
requirements,
ambitious
b crankcase emissions
c OBD systems and
control devices
in-service performance of pollution
d durability of pollution
replacement
pollution control devices, conformity of in-service engines
and vehicles, conformity of production and roadworthiness
control devices,
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 7152007 shall apply
mutatis mutandis. 18.7.2009
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Until 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. Regulation and its implementing measures, consider certificates
of conformity to be no longer valid for the purposes of
Article 26 of Directive 200746EC and shall, on grounds
relating to emissions, prohibit the registration, sale and entry
into service of such vehicles. 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.
The Commission shall be informed of plans to institute or
change the financial incentives referred to in paragraphs 1 and
2. 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
Article 11
Penalties
b adopt a measurement procedure for particle number. 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. The types of infringements by manufacturers which are
2.
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. 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 132. The Commission
shall establish correlation
2.
factors
between the European transient cycle ETC and the European
steady state cycle ESC as described in Directive 200555EC,
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 132. 3. The Commission shall keep under review the procedures,
tests and requirements referred to in Article 54 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 132. Article 12
Redefinition of specifications
1. After the completion of the relevant parts of the PMP of
the UNECE, conducted under the auspices of the World Forum
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. 18.7.2009
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Article 13
2. Article 146 shall be deleted. Committee procedure
The Commission shall be assisted by the Technical
established by
1. Committee Motor Vehicles
Article 401 of Directive 200746EC. TCMV
2. Where reference is made to this paragraph, Article 5a1
to 4 and Article 7 of Decision 1999468EC shall apply,
having regard to the provisions of Article 8 thereof. Article 14
Implementation
The Commission shall adopt
referred to
Article 121a and b by 1 April 2010. implementing measures
in Article 43, Article 54, Article 62 and
the
Article 16
Amendments to Directive 200746EC
Annexes IV, VI and XI to Directive 200746EC are amended in
accordance with Annex II to this Regulation. Article 17
Repeal
1. Directives 801269EEC, 200555EC and 200578EC are
repealed with effect from 31 December 2013. Article 15
References made to the repealed Directives shall be
2. construed as references to this Regulation. Amendments to Regulation EC No 7152007
Regulation EC No 7152007 is hereby amended as follows
1.
Article 53 shall be amended as follows
i after point h, the word and shall be deleted
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. ii the following point shall be added
j measurement of engine power. It shall apply from 7 August 2009. However, Articles 83 and
10 shall apply from 7 August 2009 and points 1ai, 1bi,
2a, 3ai, 3bi, 3ci, 3di and 3ei 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. FÜLE
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ANNEX I
Euro VI emission limits
Limit values
CO
mgkWh
THC
mgkWh
NMHC
mgkWh
CH 4
mgkWh
NO X 1
mgkWh
NH 3
ppm
PM mass
mgkWh
PM 2
number
kWh
130
160
1 500
4 000
4 000
400
400
400
10
10
10
10
10
10
160
500
ESC CI
ETC CI
ETC PI
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 later stage,
once correlation factors with respect to the current cycles ESC and ETC have been established, no later than 1 April 2010.
18.7.2009
EN
Official Journal of the European Union
L 18811
ANNEX II
Amendments to Directive 200746EC
Directive 200746EC 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
41a Emissions
Euro VI
vehicles
heavy duty
access to information
Regulation
EC No
5952009
OJ L 188, 18.7.2009,
p. 1
Applicability
M 1
X 12
M 2
X 12
M 3
X
N 1
X 12
N 2
X 12
N 3
X
O 1
O 2
O 3
O 4
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
facturers request and provided their reference mass does not exceed 2 840 kg under Regulation EC No
7152007. 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
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
to
information
informationaccess
Regulation EC No
5952009
OJ L 188, 18.7.2009, p. 1
M 1
A
2.