02009R0595 — EN — 01.09.2020 — 004.001

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►B ►M3 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 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) (OJ L 188 18.7.2009, p. 1)

Amended by:





Corrected by:









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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 amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC

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(Text with EEA relevance)







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.

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This Regulation also lays down rules for in-service conformity of vehicles and engines, the durability of pollution control devices, vehicle on-board diagnostic (OBD) systems and the measurement of fuel consumption and CO2 emissions.

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Article 2

Scope

This Regulation shall apply to motor vehicles of categories M1, M2, N1 and N2 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 M3 and N3, as defined in that Annex. ►M4 It shall also apply, for the purpose of Articles 5a, 5b, and 5c, to vehicles of categories O3 and O4. ◄

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 implementing 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, NOx, expressed in NO2 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;

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;

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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;

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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 M1, N1 and M2;

(b) 300 000 km or six years, whichever is the sooner, in the case of engines fitted to vehicles of category N2, N3 with a maximum technically permissible mass not exceeding 16 tonnes and M3 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 N3 with a maximum technically permissible mass exceeding 16 tonnes and M3, 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 implementation 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) CO2 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 NOx control measures; such provisions shall ensure that vehicles cannot be operated if the NOx control measures are inoperative due, for example, to lack of any required reagent, incorrect exhaust gas recirculation (EGR) flow or deactivation 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).

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Article 5a

Specific requirements for manufacturers with regard to the environmental performance of vehicles of categories M2, M3, N2, N3, O3 and O4

1. Manufacturers shall ensure that new vehicles of categories O3 and O4 that are sold, registered or put into service meet the following requirements:

(a) the influence of those vehicles on the CO2 emissions, fuel consumption, electric consumption and zero-emission driving range of motor vehicles is determined in accordance with the methodology referred to in point (a) of Article 5c;

(b) they are fitted with on-board devices for the monitoring and recording of the payload in accordance with the requirements referred to in point (b) of Article 5c.

2. Manufacturers shall ensure that new vehicles of categories M2, M3, N2 and N3 that are sold, registered or put into service are fitted with on-board devices for the monitoring and recording of fuel and/or energy consumption, payload and mileage in accordance with the requirements referred to in point (b) of Article 5c.

They shall also ensure that the zero-emission driving range and electricity consumption of those vehicles are determined in accordance with the methodology referred to in point (c) of Article 5c.

Article 5b

Specific requirements for Member States with regard to the environmental performance of vehicles of categories M2, M3, N2, N3, O3 and O4

1. National authorities shall, in accordance with the implementing measures referred to in Article 5c, refuse to grant EC type-approval or national type-approval in respect of new vehicle types of categories M2, M3, N2, N3, O3 and O4 which do not comply with the requirements set out in those implementing measures.

2. National authorities shall, in accordance with the implementing measures referred to in Article 5c, prohibit the sale, registration or entry into service of new vehicles of categories M2, M3, N2, N3, O3 and O4 which do not comply with the requirements set out in those implementing measures.

Article 5c

Measures for determining certain aspects of the environmental performance of vehicles of categories M2, M3, N2, N3, O3 and O4

By 31 December 2021, the Commission shall, by means of implementing acts, adopt the following measures:

(a) a methodology for assessing the performance of vehicles of categories O3 and O4 with regard to their influence on the CO2 emissions, fuel consumption, electricity consumption and zero-emission driving ranges of motor vehicles;

(b) technical requirements for the fitting of on-board devices for the monitoring and recording of fuel and/or energy consumption and mileage of motor vehicles of categories M2, M3, N2 and N3, and for determining and recording the payloads or total weight of vehicles meeting the characteristics set out in point (a), (b), (c) or (d) of the first subparagraph of Article 2(1) of Regulation (EU) 2019/1242 of the European Parliament and of the Council ( 1 ) and of their combinations with category O3 and O4 vehicles, including the transmission of data between vehicles within a combination, as necessary;

(c) a methodology for determining the zero-emission driving range and electricity consumption of new vehicles of categories M2, M3, N2 and N3.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13a.

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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 implementing 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.

3. 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 installation 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.

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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 NOx 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 NO2 in addition to that for total emissions of NOx, if appropriate. The limit for emissions of NO2 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 pollutants, it shall submit to the European Parliament and to the Council a proposal for amending this Regulation.

Article 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.

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Article 13a

Committee procedure

1. The Commission shall be assisted by the Technical Committee for Motor Vehicles established by Regulation (EU) 2018/858 of the European Parliament and of the Council ( 2 ). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

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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.

►C1 It shall apply from 31 December 2012. ◄ 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.

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ANNEX I







Euro VI Emission Limits Limit values CO (mg/kWh) THC (mg/kWh) NMHC (mg/kWh) CH4 (mg/kWh) NOX (1) (mg/kWh) NH3 (ppm) PM mass (mg/kWh) PM number (#/kWh) WHSC (CI) 1 500 130 400 10 10 8,0 × 1011 WHTC (CI) 4 000 160 460 10 10 6,0 × 1011 WHTC (PI) 4 000 160 500 460 10 10 (2)6,0 × 1011 (1) The admissible level of NO2 component in the NOx limit value may be determined at a later stage. (2) The limit value shall apply as from the dates set out in row B of Table 1 of Appendix 9 of Annex I to Regulation (EU) No 582/2011. Note: PI = Positive Ignition. CI = Compression Ignition.

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ANNEX 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 M1 M2 M3 N1 N2 N3 O1 O2 O3 O4 ‘41a Emissions (Euro VI) heavy duty vehicles/access to information Regulation (EC) No 595/2009 OJ L 188, 18.7.2009, p. 1 X12 X12 X X12 X12 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 manufacturer’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 M1 ‘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’

3. 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 M1 ≤ 2 500 (1) kg M1 > 2 500 (1) kg M2 M3 ‘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 M1 M2 M3 N1 N2 N3 O1 O2 O3 O4 ‘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 M1 ‘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 M2 M3 N1 N2 N3 O1 O2 O3 O4 ‘41a Emissions (Euro VI) heavy duty vehicles/access to information Regulation (EC) No 595/2009 H H H H H’ (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 N3 ‘41a Emissions (Euro VI) heavy duty vehicles/access to information Regulation (EC) No 595/2009 V’