2011R0582 — EN — 03.02.2012 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B COMMISSION REGULATION (EU) No 582/2011 of 25 May 2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council (Text with EEA relevance) (OJ L 167, 25.6.2011, p.1)

Amended by:









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COMMISSION REGULATION (EU) No 582/2011

of 25 May 2011

implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council

(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 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC ( 1 ), and in particular Articles 4(3), 5(4) and 6(2) and Article 12 thereof, Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) ( 2 ), and in particular Article 39(7) thereof, Whereas: (1) Regulation (EC) No 595/2009 is one of the separate regulatory acts under the type-approval procedure laid down by Directive 2007/46/EC. (2) Regulation (EC) No 595/2009 requires new heavy duty vehicles and engines to comply with new emission limits and introduces additional requirements on access to information. The technical requirements will apply from 31 December 2012 for new types of vehicles and from 31 December 2013 for all new vehicles. The specific technical provisions necessary to implement Regulation (EC) No 595/2009 should be adopted. Therefore, the present Regulation aims at setting the requirements necessary for the type-approval of Euro VI specification vehicles and engines. (3) Article 5(4) of Regulation (EC) No 595/2009 requires the Commission to adopt implementing legislation setting out specific technical requirements relating to the control of emissions from vehicles. Therefore, it is appropriate to adopt those requirements. (4) Following the adoption of the main requirements for type-approval of heavy duty motor vehicles and engines by Regulation (EC) No 595/2009, it is necessary to establish administrative provisions for that EC type-approval. Those administrative requirements should include provisions for conformity of production and in-service conformity to ensure continued good performance of production vehicles and engines. (5) In accordance with Article 6 of Regulation (EC) No 595/2009, it is also necessary to establish requirements to ensure that vehicle on-board diagnostic (hereinafter ‘OBD’) and vehicle repair and maintenance information is readily accessible, so as to ensure that independent operators have access to such information. (6) In accordance with Regulation (EC) No 595/2009, the measures provided for in this Regulation regarding access to vehicle repair and maintenance information, information for diagnostic tools and the compatibility of replacement parts with vehicle OBD systems, should not be restricted to emission-related components and systems but cover all aspects of a vehicle subject to type-approval within the scope of this Regulation. (7) In accordance with Article 5 of Regulation (EC) No 595/2009, the Commission should adopt measures for implementing the use of portable measurement systems for verifying the actual in-use emissions and verifying and limiting the off-cycle emissions. It is therefore necessary to set out, within an appropriate timeframe, provisions on off-cycle emissions both at type-approval and for verifying and limiting the off-cycle emissions in actual use of the vehicles. For the purpose of in-service conformity a procedure using portable emissions measurement systems (hereinafter ‘PEMS’) should be introduced. The PEMS procedures introduced through this Regulation should be subject to an assessment on the basis of which the Commission should be empowered to amend the in-use provisions. (8) In accordance with Article 5(4)(d) of Regulation (EC) No 595/2009, it is necessary to establish requirements for type-approval of replacement pollution control devices so as to ensure that they function correctly. (9) In accordance with Article 5(4)(d) of Regulation (EC) No 595/2009, it is necessary to establish requirements for determining deterioration factors to be used for verifying the durability of engine systems. In addition and subject to the results of research and development on methods for bench ageing of engine systems the Commission should be empowered to amend the provisions for determining deterioration factors. (10) As provided for by Article 12(1) of Regulation (EC) No 595/2009, new limit values and a measurement procedure for the number of particles emitted should be introduced. The measurement procedure should be based on the work of the Particulate Measurement Programme (PMP) of the United Nations Economic Commission for Europe (hereinafter ‘UN/ECE’). (11) In accordance with Article 12(2) of Regulation (EC) No 595/2009, limit values for the World Harmonized Transient Driving Cycle (hereinafter ‘WHTC’) and the Worldwide Harmonised Steady state Cycle (hereinafter ‘WHSC’) as specified in Annex 4B to Regulation No 49 of the Economic Commission for Europe of the United Nations (UN/ECE) — Uniform provisions concerning the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles ( 3 ) should be introduced. (12) The Commission should assess the need for specific measures regarding multi-setting engines, and should be empowered to amend the provisions in accordance with the results of that assessment. (13) Regulation (EC) No 595/2009 and Directive 2007/46/EC should therefore be amended accordingly. (14) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles, Whereas: HAS ADOPTED THIS REGULATION:







Article 1

Subject matter

This Regulation lays down measures for the implementation of Articles 4, 5, 6 and 12 of Regulation (EC) No 595/2009.

It also amends Regulation (EC) No 595/2009 and Directive 2007/46/EC.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1) ‘engine system’ means the engine, the emission control system and the communication interface (hardware and messages) between the engine system electronic control unit or units (hereinafter ‘ECU’) and any other powertrain or vehicle control unit;

(2) ‘service accumulation schedule’ means the ageing cycle and the service accumulation period for determining the deterioration factors for the engine-aftertreatment system family;

(3) ‘engine family’ means a manufacturers grouping of engines which, through their design as defined in Section 6 of Annex I, have similar exhaust emission characteristics; all members of the family shall comply with the applicable emission limit values;

(4) ‘engine type’ means a category of engines which do not differ in essential engine characteristics as set out in Appendix 4 to Annex I;

(5) ‘vehicle type with regard to emissions and vehicle repair and maintenance information’ means a group of vehicles which do not differ in essential engine and vehicle characteristics as set out in Appendix 4 to Annex I;

(6) ‘deNOx system’ means a selective catalytic reduction (hereinafter ‘SCR’) system, NOx adsorber, passive or active lean NOx catalyst or any other exhaust after-treatment system designed to reduce emissions of oxides of nitrogen (NOx);

(7) ‘exhaust after-treatment system’ means a catalyst (oxidation, 3-way or any other), particulate filter, deNOx system, combined deNOx particulate filter, or any other emission reducing device, that is installed downstream of the engine;

(8) ‘on-board diagnostic (OBD) system’ means a system on-board a vehicle or engine which has the capability: (a) of detecting malfunctions, affecting the emission performance of the engine system; and (b) of indicating their occurrence by means of an alert system; and (c) of identifying the likely area of the malfunction by means of information stored in computer memory and communicating that information off-board;

(9) ‘qualified deteriorated component or system’ (hereinafter ‘QDC’) means a component or system that has been intentionally deteriorated such as by accelerated ageing or by having been manipulated in a controlled manner and which has been accepted by the approval authority according to the provisions set out in Section 6.3.2 of Annex 9B to UN/ECE Regulation No 49 and point 2.2 of Appendix 3 of Annex X to this Regulation for use when demonstrating the OBD performance of the engine system;

(10) ‘ECU’ means the engine system electronic control unit;

(11) ‘diagnostic trouble code’ (hereinafter ‘DTC’) means a numeric or alphanumeric identifier which identifies or labels a malfunction;

(12) ‘portable emissions measurement system’ (hereinafter ‘PEMS’) means a portable emissions measurement system meeting the requirements specified in Appendix 2 to Annex II;

(13) ‘malfunction indicator’ (hereinafter ‘MI’) means an indicator which is part of the alert system and which clearly informs the driver of the vehicle in the event of a malfunction;

(14) ‘ageing cycle’ means the vehicle or engine operation (speed, load, power) to be executed during the service accumulation period;

(15) ‘critical emission-related components’ means the following components which are designed primarily for emission control: any exhaust after-treatment system, the ECU and its associated sensors and actuators, and the exhaust gas recirculation (hereinafter ‘EGR’) system including all related filters, coolers, control valves and tubing;

(16) ‘critical emission-related maintenance’ means the maintenance to be performed on critical emission-related components;

(17) ‘emission related maintenance’ means the maintenance which substantially affects emissions or which is likely to affect emissions deterioration of the vehicle or the engine during normal in-use operation;

(18) ‘engine aftertreatment system family’ means a manufacturer’s grouping of engines that comply with the definition of engine family, but which are further grouped into engines utilising a similar exhaust after-treatment system;

(19) ‘Wobbe index (lower Wl or upper Wu)’ means the ratio of the corresponding calorific value of a gas per unit volume and the square root of its relative density under the same reference conditions:

(20) ‘λ-shift factor’ (hereinafter ‘Sλ’) means an expression that describes the required flexibility of the engine management system regarding a change of excess-air-ratio λ if the engine is fuelled with a gas composition different from pure methane as specified in Section 4.1 of Annex 6 to UN/ECE Regulation No 49;

(21) ‘non-emission-related maintenance’ means the maintenance which does not substantially affect emissions and which does not have a lasting effect on the emissions deterioration of the vehicle or the engine during normal in-use operation once the maintenance is performed;

(22) ‘OBD engine family’ means a manufacturer’s grouping of engine systems having common methods of monitoring and diagnosing emission-related malfunctions;

(23) ‘scan-tool’ means an external test equipment used for standardised off-board communication with the OBD system in accordance with the requirements of this Regulation;

(24) ‘Auxiliary Emission Strategy’ (hereinafter ‘AES’) means an emission strategy that becomes active and replaces or modifies a base emission strategy for a specific purpose and in response to a specific set of ambient and/or operating conditions and only remains operational as long as those conditions exist;

(25) ‘Base Emission Strategy’ (hereinafter ‘BES’) means an emission strategy that is active throughout the speed and load operating range of the engine unless an AES is activated;

(26) ‘in-use performance ratio’ means the ratio of the number of times that the conditions have existed under which a monitor, or group of monitors, should have detected a malfunction to the number of driving cycles of relevance to that monitor or group of monitors;

(27) ‘engine start’ consists of the ignition-On, cranking and start of combustion, and is completed when the engine speed reaches 150 min-1 below the normal, warmed-up idle speed;

(28) ‘operating sequence’ means a sequence consisting of an engine start, an operating period (of the engine), an engine shut-off, and the time until the next start, where a specific OBD monitor runs to completion and a malfunction would be detected if present;

(29) ‘emission threshold monitoring’ means monitoring of a malfunction that leads to an excess of the OBD threshold limits (OTLs) and which consists of either or both of the following: (a) direct emissions measurement via a tailpipe emissions sensor(s) and a model to correlate the direct emissions to specific emissions of the applicable test-cycle; (b) indication of an emissions increase via correlation of computer input and output information to test-cycle specific emissions;

(30) ‘performance monitoring’ means malfunction monitoring that consists of functionality checks, and the monitoring of parameters that are not directly correlated to emission thresholds, that is done on components or systems to verify that they are operating within the proper range;

(31) ‘rationality failure’ means a malfunction where the signal from an individual sensor or component differs from that expected when assessed against signals available from other sensors or components within the control system including cases where all of the measured signals and component output data are individually within the range associated with normal operation of the associated sensor or component and where none of the sensors or components is individually indicating a malfunction;

(32) ‘total functional failure monitoring’ means monitoring in order to detect a malfunction which will lead to a complete loss of the desired function of a system;

(33) ‘malfunction’ means a failure or deterioration of an engine system, including the OBD system, that might reasonably be expected to lead either to an increase in any of the regulated pollutants emitted by the engine system or to a reduction in the effectiveness of the OBD system;

(34) ‘general denominator’ means a counter indicating the number of times a vehicle has been operated, taking into account general conditions;

(35) ‘ignition cycle counter’ means a counter indicating the number of engine starts a vehicle has experienced;

(36) ‘Driving cycle’ means a sequence consisting of an engine start, an operating period (of the vehicle), an engine shut-off, and the time until the next engine start;

(37) ‘group of monitors’ means, for the purpose of assessing the in-use performance of an OBD engine family, a set of OBD monitors used for determining the correct operation of the emission control system;

(38) ‘net power’ means the power obtained on a test bench at the end of the crankshaft or its equivalent at the corresponding engine or motor speed with the auxiliaries according to Annex XIV and determined under reference atmospheric conditions;

(39) ‘maximum net power’ means the maximum value of the net power measured at full engine load;

(40) ‘wall-flow diesel particulate filter’ means a diesel particulate filter (hereinafter ‘DPF’) in which all the exhaust gas is forced to flow through a wall which filters out the solid matter;

(41) ‘continuous regeneration’ means the regeneration process of an exhaust after-treatment system that occurs either permanently or at least once per World Harmonized Transient Driving Cycle (hereinafter ‘WHTC’) hot start test;

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(42) ‘customer adaptation’ means any change to a vehicle, system, component or separate technical unit made at the specific request of a customer and subject to approval;

(43) ‘vehicle OBD information’ means information relating to an on-board diagnostic system for any electronic system on the vehicle;

(44) ‘carry-over system’ means a system, as defined in Article 3(23) of Directive 2007/46/EC, carried over from an old type of vehicle to a new type of vehicles.

Article 2a

Access to vehicle OBD and vehicle repair and maintenance information

1. Manufacturers shall put in place the necessary arrangements and procedures, in accordance with Article 6 of Regulation (EC) No 595/2009 and Annex XVII to this Regulation, to ensure that vehicle OBD and vehicle repair and maintenance information is accessible through websites using a standardised format in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provisions given or access granted to authorised dealers and repairers. Manufacturers shall also make training material available to independent operators and authorised dealers and repairers.

2. Approval authorities shall only grant type-approval after receiving from the manufacturer a Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.

3. The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall serve as the proof of compliance with Article 6 of Regulation (EC) No 595/2009.

4. The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall be drawn up in accordance with the model set out in Appendix 1 of Annex XVII.

5. The vehicle OBD and vehicle repair and maintenance information shall include the following:

(a) an unequivocal identification of the vehicle, system, component or separate technical unit for which the manufacturer is responsible;

(b) service handbooks, including service and maintenance records;

(c) technical manuals;

(d) component and diagnosis information (such as minimum and maximum theoretical values for measurements);

(e) wiring diagrams;

(f) diagnostic trouble codes, including manufacturer specific codes;

(g) the software calibration identification number applicable to a vehicle type;

(h) information provided concerning, and delivered by means of, proprietary tools and equipment;

(i) data record information and two-directional monitoring and test data;

(j) standard work units or time periods for repair and maintenance tasks if they are made available to authorised dealers and repairers of the manufacturer either directly or through a third party;

(k) in case of multi-stage type-approval, the information required under Article 2b.

6. Authorised dealers or repairers within the distribution system of a given vehicle manufacturer shall be regarded as independent operators for the purposes of this Regulation to the extent that they provide repair or maintenance services for vehicles in respect of which they are not members of the vehicle manufacturer’s distribution system.

7. The vehicle repair and maintenance information shall always be available, except as required for maintenance purposes of the information system.

8. For the purposes of manufacture and servicing of OBD-compatible replacement or service parts and diagnostic tools and test equipment, manufacturers shall provide the relevant vehicle OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested component, diagnostic tools or test equipment manufacturer or repairer.

9. The manufacturer shall make subsequent amendments and supplements to vehicle repair and maintenance information available on its websites at the same time they are made available to authorised repairers.

10. Where repair and maintenance records of a vehicle are kept in a central data base of the vehicle manufacturer or on its behalf, independent repairers, who have been approved and authorised as required in Section 2.2 of Annex XVII, shall have access to such record free of charge and under the same conditions as authorised repairers in order to be able to enter information on repair and maintenance which they have performed.

11. The manufacturer shall make available to interested parties the following information:

(a) relevant information to enable the development of replacement components which are critical to the correct functioning of the OBD system;

(b) information to enable the development of generic diagnostic tools.

For the purposes of point (a) of the first subparagraph, the development of replacement components shall not be restricted by any of the following:

(a) the unavailability of pertinent information;

(b) the technical requirements relating to malfunction indication strategies if the OBD thresholds are exceeded or if the OBD system is unable to fulfil the basic OBD monitoring requirements of this Regulation;

(c) specific modifications to the handling of OBD information to deal independently with vehicle operation on petrol or on gas;

(d) the type-approval of gas-fuelled vehicles that contain a limited number of minor deficiencies.

For the purposes of point (b) of the first subparagraph, where manufacturers use diagnostic and test tools in accordance with ISO 22900 Modular vehicle communication interface (MVCI) and ISO 22901 Open diagnostic data exchange (ODX) in their franchised networks, the ODX files shall be accessible to independent operators via the website of the manufacturer.

Article 2b

Multi-stage type-approval

1. In the case of multi-stage type-approval, as defined in Article 3(7) of Directive 2007/46/EC, the final manufacturer shall be responsible for providing access to vehicle OBD and vehicle repair and maintenance information regarding its own manufacturing stage(s) and the link to the previous stage(s).

In addition, the final manufacturer shall on its website provide independent operators with the following information:

(a) website address of the manufacturer(s) responsible for the previous stage(s);

(b) name and address of all the manufacturers responsible for the previous stage(s);

(c) type-approval number(s) of the previous stage(s);

(d) the engine number.

2. Each manufacturer responsible for a particular stage or stages of type-approval shall be responsible for providing through his website access to vehicle OBD and vehicle repair and maintenance information regarding the stage(s) of type-approval for which he is responsible and the link to the previous stage(s).

3. The manufacturer responsible for a particular stage or stages of type-approval shall provide the following information to the manufacturer responsible for the next stage:

(a) the Certificate of Conformity relating to the stage(s) for which he is responsible;

(b) the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information, including its appendices;

(c) the type-approval number corresponding to the stage(s) for which he is responsible;

(d) the documents referred to in points (a), (b) and (c) as provided by the manufacturer(s) involved in the previous stage(s).

Each manufacturer shall authorise the manufacturer responsible for the next stage to pass the documents provided to the manufacturers responsible for any subsequent stages and the final stage.

In addition, on a contractual basis, the manufacturer responsible for a particular stage or stages of type-approval shall:

(a) provide the manufacturer responsible for the next stage with access to vehicle OBD and vehicle repair and maintenance information and interface information corresponding to the particular stage(s) for which he is responsible;

(b) provide, at the request of a manufacturer responsible for a subsequent stage of type-approval, with access to vehicle OBD and vehicle repair and maintenance information and interface information corresponding to the particular stage(s) for which he is responsible.

4. A manufacturer, including a final manufacturer, may only charge fees in accordance with Article 2f concerning the particular stage(s) for which he is responsible.

A manufacturer, including a final manufacturer, shall not charge fees for providing information relating to the website address or contact details of any other manufacturer.

Article 2c

Customer adaptations

1. By derogation from Article 2a, if the number of systems, components or separate technical units subject to a specific customer adaptation is lower than a total of 250 units produced worldwide, repair and maintenance information for the customer adaptation shall be provided in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provisions given or access granted to authorised dealers and repairers.

For the servicing and reprogramming of the electronic control units relating to the customer adaptation, the manufacturer shall make the respective proprietary specialist diagnostic tool or test equipment available to independent operators as provided to authorised repairers.

The customer adaptations shall be listed on the manufacturer’s repair and maintenance information website and mentioned in the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information at the time of type-approval.

2. Until 31 December 2015, if the number of systems, components or separate technical units subject to a specific customer adaptation is higher than 250 units worldwide, the manufacturer may derogate from the obligation under Article 2a to provide access to vehicle OBD and vehicle repair and maintenance information using a standardised format. Where the manufacturer makes use of such derogation, he shall provide access to vehicle OBD and vehicle repair and maintenance information in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provisions given or access granted to authorised dealers and repairers.

3. Manufacturers shall make the proprietary specialist diagnostic tool or test equipment to service the customer-adapted systems, components or technical units available to independent operators via sale and rent.

4. The manufacturer shall mention in the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information at the time of type-approval the customer adaptations for which the obligation under Article 2a to provide access to vehicle OBD and vehicle repair and maintenance information using a standardised format is derogated from and any electronic control unit related to them.

Those customer adaptations and any electronic control unit related to them shall also be listed on the manufacturer’s repair and maintenance information website.

Article 2d

Small volume manufacturers

1. By derogation from Article 2a, manufacturers whose worldwide annual production of a type of vehicle, system, component or separate technical unit subject to this Regulation is less than 250 units, shall provide access to repair and maintenance information in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provisions given or access granted to authorised dealers and repairers.

2. The vehicle, system, component and separate technical unit subject to paragraph 1 shall be listed on the manufacturer’s repair and maintenance information website.

3. The approval authority shall inform the Commission of each type-approval granted to small volume manufacturers.

Article 2e

Carry-over systems

1. Until 30 June 2016, with respect to the carry-over systems listed in Appendix 3 to Annex XVII, the manufacturer may derogate from the obligation to reprogramme the electronic control units in accordance with the standards mentioned in Annex XVII.

Such a derogation shall be indicated on the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information at the time of type-approval.

The systems for which a manufacturer derogates from the obligation to reprogramme the electronic control units in accordance with the standards mentioned in Annex XVII shall be listed on its repair and maintenance information website.

2. For the servicing and reprogramming of the electronic control units in the carry-over systems for which the manufacturer derogates from the obligation to reprogramme the electronic control units in accordance with the standards mentioned in Annex XVII, manufacturers shall ensure that the respective proprietary tool or equipment can be purchased or rented by independent operators.

Article 2f

Fees for access to vehicle repair and maintenance information

1. Manufacturers may charge reasonable and proportionate fees for access to the vehicle repair and maintenance information covered by this Regulation.

For the purposes of the first subparagraph, a fee shall be considered unreasonable or disproportionate if it discourages access by failing to take into account the extent to which the independent operator uses it.

2. Manufacturers shall make available vehicle repair and maintenance information, including transactional services such as reprogramming or technical assistance, on an hourly, daily, monthly, and yearly basis, with fees for access to such information varying in accordance with the respective periods of time for which access is granted.

In addition to time-based access, manufacturers may offer transaction-based access, for which fees are charged per transaction and not based on the time for which access is granted. Where both access systems are offered by manufacturers, independent repairers shall choose a preferred access system, either time-based or transaction-based

Article 2g

Compliance with the obligations regarding access to vehicle OBD and vehicle repair and maintenance information

1. An approval authority may, at any time, whether on its own initiative, on the basis of a complaint, or on the basis of an assessment by a technical service, check the compliance of a manufacturer with Regulation (EC) No 595/2009, this Regulation, and the terms of the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.

2. Where an approval authority finds that the manufacturer has failed to comply with his obligations regarding access to vehicle OBD and vehicle repair and maintenance information, the approval authority which granted the relevant type-approval shall take appropriate measures to remedy the situation.

Those measures may include withdrawal or suspension of type-approval, fines, or other measures adopted in accordance with Article 11 of Regulation (EC) No 595/2009.

3. The approval authority shall proceed to an audit in order to verify compliance by the manufacturer with the obligations concerning access to vehicle OBD and vehicle repair and maintenance information, if an independent operator or a trade association representing independent operators files a complaint to the approval authority.

4. When carrying out the audit, the approval authority may ask a technical service or any other independent expert to carry out an assessment to verify whether these obligations are met.

Article 2h

Forum on Access to Vehicle Information

The scope of application of the activities carried out by the Forum on Access to Vehicle Information established in accordance with Article 13(9) of Commission Regulation (EC) No 692/2008 ( 4 ) shall be extended to the vehicles covered by Regulation (EC) No 595/2009.

On the basis of evidence of deliberate or unintentional misuse of vehicle OBD and vehicle repair and maintenance information, the Forum shall advise the Commission on measures to prevent such misuse of information.

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Article 3

Requirements for type-approval

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1. In order to receive an EC type-approval of an engine system or engine family as a separate technical unit, EC type-approval of a vehicle with an approved engine system with regard to emissions and vehicle repair and maintenance information, or an EC type-approval of a vehicle with regard to emissions and vehicle repair and maintenance information the manufacturer shall, in accordance with the provisions of Annex I, demonstrate that the vehicles or engine systems are subject to the tests and comply with the requirements set out in Articles 4 and 14 and in Annexes III to VIII, X, XIII, XIV and XVII. The manufacturer shall also ensure compliance with the specifications of reference fuels set out in Annex IX.

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1a. If the vehicle OBD and vehicle repair and maintenance information is not available, or does not conform to Article 6 of Regulation (EC) No 595/2009, Article 2a and, where relevant, Articles 2b, 2c and 2d of this Regulation, and Annex XVII to this Regulation, when the application for type-approval is made, the manufacturer shall provide that information within six months of the date set out in Article 8(1) of Regulation (EC) No 595/2009 or within six months of the date of type-approval, whichever date is later.

1b. The obligations to provide information within the dates referred to in paragraph 1a shall apply only if, following type-approval, the vehicle is placed on the market.

Where the vehicle is placed on the market more than six months after type-approval, the information shall be provided on the date on which the vehicle is placed on the market.

1c. The approval authority may presume that the manufacturer has put in place satisfactory arrangements and procedures with regard to access to vehicle OBD and vehicle repair and maintenance information, on the basis of a completed Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information, providing that no complaint was made, and that the manufacturer provides the certificate within the periods referred to in paragraph 1a.

If the certificate of compliance is not provided within that period, the approval authority shall take appropriate measures to ensure compliance.

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2. In order to receive EC type-approval of a vehicle with an approved engine system with regard to emissions and vehicle repair and maintenance information, or an EC type-approval of a vehicle with regard to emissions and vehicle repair and maintenance information the manufacturer shall ensure compliance with the installation requirements set out in Section 4 of Annex I.

3. In order to receive an extension of the EC type-approval of a vehicle with regard to emissions and vehicle repair and maintenance information type-approved under this Regulation with a reference mass exceeding 2 380 kg but not exceeding 2 610 kg the manufacturer shall meet the requirements set out in Appendix 1 to Annex VIII.

4. The provisions for alternative approval specified in point 2.4.1 to Annex X and point 2.1 to Annex XIII shall not apply for the purpose of an EC type-approval of an engine system or engine family as a separate technical unit.

5. Any engine system and any element of design liable to affect the emission of gaseous and particulate pollutants shall be designed, constructed, assembled and installed so as to enable the engine, in normal use, to comply with the provisions of Regulation (EC) No 595/2009 and those of this Regulation. The manufacturer shall also ensure compliance with off-cycle requirements set out in Article 14 and Annex VI to this Regulation.

6. In order to receive an EC type-approval of an engine system or engine family as a separate technical unit or an EC type-approval of a vehicle with regard to emissions and vehicle repair and maintenance information the manufacturer shall ensure compliance with the requirements on fuel range for a universal fuel approval or in case of a positive-ignition engine fuelled with natural gas and LPG a restricted fuel range approval as specified in Section 1 of Annex I.

7. In order to receive an EC type-approval in the case of a petrol or E85 fuelled engine, the manufacturer shall ensure that the specific requirements for inlets to fuel tanks for petrol and E85 fuelled vehicles laid down in Section 4.3 of Annex I are fulfilled.

8. In order to receive an EC type-approval the manufacturer shall ensure that the specific requirements for electronic system security laid down in point 2.1 of Annex X are fulfilled.

9. The manufacturer shall take technical measures so as to ensure that the tailpipe emissions are effectively limited, in accordance with this Regulation, throughout the normal life of the vehicle and under normal conditions of use. Those measures shall include ensuring that the security of hoses, joints and connections, used within the emission control systems, are constructed so as to conform to the original design intent.

10. The manufacturer shall ensure that the emissions test results comply with the applicable limit value under the test conditions specified in this Regulation.

11. The manufacturer shall determine deterioration factors that will be used to demonstrate that the gaseous and particulate emissions of an engine family or engine-aftertreatment system family remain in conformity with the emission limits set out in Annex I to Regulation (EC) No 595/2009 over the normal useful life periods set out in Article 4(2) of that Regulation.

The procedures for demonstrating the compliance of an engine system or engine-aftertreatment system family over the normal useful life periods are set out in Annex VII to this Regulation.

12. For positive-ignition engines subject to the test set out in Annex IV, the maximum permissible carbon monoxide content in the exhaust gases at normal engine idling speed shall be that stated by the vehicle manufacturer. However, the maximum carbon monoxide content shall not exceed 0,3 % vol.

At high idle speed, the carbon monoxide content by volume of the exhaust gases shall not exceed 0,2 % vol., with the engine speed being at least 2 000 min-1 and Lambda being 1 ± 0,03 or in accordance with the specifications of the manufacturer.

13. In the case of a closed crankcase, manufacturers shall ensure that for the test set out in Annex V, the engine’s ventilation system does not permit the emission of any crankcase gases into the atmosphere. If the crankcase is of an open type the emissions shall be measured and added to the tailpipe emissions following the provisions set out in Annex V.

14. When applying for type-approval, manufacturers shall present to the approval authority information showing that the deNOx system retains its emission control function during all conditions regularly pertaining in the territory of the Union, especially at low temperatures.

In addition, manufacturers shall provide the approval authority with information on the operating strategy of any EGR system, including its functioning at low ambient temperatures.

This information shall also include a description of any effects on emissions of operating the system under low ambient temperatures.

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Article 4

On-board diagnostics

1. Manufacturers shall ensure that all engine systems and vehicles are equipped with an OBD system.

2. The OBD system shall be designed, constructed and installed on a vehicle in accordance with Annex X, so as to enable it to identify, record, and communicate the types of deterioration or malfunction specified in that Annex over the entire life of the vehicle.

3. The manufacturer shall ensure that the OBD system complies with the requirements set out in Annex X, including the OBD in-use performance requirements, under all normal and reasonably foreseeable driving conditions encountered in the Union, including the conditions of normal use specified in Annex X.

4. When tested with a qualified deteriorated component, the OBD system malfunction indicator shall be activated in accordance with Annex X. The OBD system malfunction indicator may also be activated at levels of emissions below the OBD thresholds limits specified in Annex X.

5. The manufacturer shall ensure that the provisions for in-use performance of an OBD engine family laid down in Annex X are followed.

6. The OBD in-use performance related data shall be stored and made available without any encryption through the standard OBD communication protocol by the OBD system in accordance with the provisions of Annex X.

7. If the manufacturer chooses, during a period of 3 years after the dates specified in Article 8(1) and (2) of Regulation (EC) No 595/2009 OBD systems may comply with alternative provisions as specified in Annex X to this Regulation and referring to this paragraph.

8. If the manufacturer chooses, until 1 September 2014 in the case of new types of vehicles or engines and until 1 September 2015 for all new vehicles sold, registered or put into service within the Union, he may use alternative provisions for the monitoring of the DPF as set out in point 2.3.3.3 of Annex X.

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Article 5

Application for EC type-approval of an engine system or engine family as a separate technical unit with regard to emissions and access to repair and maintenance information

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1. The manufacturer shall submit to the approval authority an application for EC type-approval of an engine system or engine family as a separate technical unit.

2. The application referred to in paragraph 1 shall be drawn up in accordance with the model of the information document set out in Appendix 4 to Annex I. For that purpose Part 1 of that Appendix shall apply.

3. Together with the application, the manufacturer shall provide a documentation package that fully explains any element of design which affects emissions, the emission control strategy of the engine system, the means by which the engine system controls the output variables which have a bearing upon emissions, whether that control is direct or indirect, and fully explains the warning and inducement system required by Sections 4 and 5 of Annex XIII. The documentation package shall consist of the following parts including the information set out in Section 8 to Annex I:

(a) a formal documentation package that shall be retained by the approval authority. The formal documentation package may be made available to interested parties upon request;

(b) an extended documentation package that shall remain confidential. The extended documentation package may be kept by the approval authority, or be retained by the manufacturer, at the discretion of the approval authority, but shall be made available for inspection by the approval authority at the time of approval or at any time during the validity of the approval. When the documentation package is retained by the manufacturer, the approval authority shall take the necessary measures to ensure that the documentation is not being altered after approval.

4. In addition to the information referred to in paragraph 3, the manufacturer shall submit the following information:

(a) in the case of 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 limits set out in Annex X if that percentage of misfire had been present from the start of the emission test as set out in Annex III or could lead to an exhaust catalyst, or catalysts, overheating prior to causing irreversible damage;

(b) a description of the provisions taken to prevent tampering with and modification of the emission control computer(s) including the facility for updating using a manufacturer-approved programme or calibration;

(c) documentation of the OBD system, in accordance with the requirements set out in Section 5 to Annex X;

(d) OBD related information for the purpose of access to OBD and repair and maintenance information, in accordance with the requirements of this Regulation;

(e) a Statement of Off-Cycle Emission compliance with the requirements of Article 14 and Section 9 to Annex VI;

(f) a Statement of OBD in-use Performance compliance with the requirements of Appendix 6 to Annex X;

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(g) the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information;

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(h) the initial plan for in-service testing according to point 2.4 of Annex II;

(i) where appropriate, copies of other type-approvals with the relevant data to enable extension of approvals and establishment of deterioration factors.

5. The manufacturer shall submit to the technical service responsible for the type-approval tests an engine or, as appropriate, a parent engine representative of the type to be approved.

6. Changes to the make of a system, component or separate technical unit that occur after a type-approval shall not automatically invalidate a type-approval, unless its original characteristics or technical parameters are changed in such a way that the functionality of the engine or pollution control system is affected.

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Article 6

Administrative provisions for EC type-approval of an engine system or engine family as a separate technical unit with regard to emissions and access to repair and maintenance information

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1. If all the relevant requirements are met, the approval authority shall grant an EC type-approval of an engine system or engine family as a separate technical unit and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.

Without prejudice to the provisions of Annex VII to Directive 2007/46/EC, Section 3 of the type-approval number shall be drawn up in accordance with Appendix 9 to Annex I to this Regulation.

An approval authority shall not assign the same number to another engine type.

2. When granting an EC type-approval under paragraph 1, the approval authority shall issue an EC type-approval certificate using the model set out in Appendix 5 to Annex I.

Article 7

Application for EC type-approval of a vehicle with an approved engine system with regard to emissions and access to vehicle repair and maintenance information

1. The manufacturer shall submit to the approval authority an application for EC type-approval of a vehicle with an approved engine system with regard to emissions and access to vehicle repair and maintenance information.

2. The application referred to in paragraph 1 shall be drawn up in accordance with the model of the information document set out in Part 2 of Appendix 4 to Annex I. This application shall be accompanied by a copy of the EC type-approval certificate for the engine system or engine family as a separate technical unit issued in accordance with Article 6.

3. The manufacturer shall provide a documentation package that fully explains the elements of the warning and inducement system that is on board the vehicle and required by Annex XIII. This documentation package shall be provided in accordance with Article 5(3).

4. In addition to the information referred to in paragraph 3, the manufacturer shall submit the following information:

(a) a description of the measures taken to prevent tampering with and modification of the vehicle control units covered by this Regulation including the facility for updating using a manufacturer-approved programme or calibration;

(b) a description of the OBD components on board of the vehicle, in accordance with the requirements of Section 5 of Annex X;

(c) information related to the OBD components on board the vehicle for the purpose of access to OBD and repair and maintenance information;

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(d) the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information;

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(e) where appropriate, copies of other type-approvals with the relevant data to enable extension of approvals.

5. Changes to the make of a system, component or separate technical unit that occur after a type-approval shall not automatically invalidate a type-approval, unless its original characteristics or technical parameters are changed in such a way that the functionality of the engine or pollution control system is affected.

Article 8

Administrative provisions for EC type-approval of a vehicle with an approved engine system with regard to emissions and access to vehicle repair and maintenance information

1. If all the relevant requirements are met, the approval authority shall grant an EC type-approval of a vehicle with an approved engine system with regard to emissions and access to vehicle repair and maintenance information and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.

Without prejudice to the provisions of Annex VII to Directive 2007/46/EC, Section 3 of the type-approval number shall be drawn up in accordance with Appendix 9 to Annex I to this Regulation.

An approval authority shall not assign the same number to another vehicle type.

2. When granting an EC type-approval under paragraph 1, the approval authority shall issue an EC type-approval certificate using the model set out in Appendix 6 to Annex I.

Article 9

Application for EC type-approval of a vehicle with regard to emissions and access to vehicle repair and maintenance information

1. The manufacturer shall submit to the approval authority an application for EC type-approval of a vehicle with regard to emissions and access to vehicle repair and maintenance information.

2. The application referred to in paragraph 1 shall be drawn up in accordance with the model of the information document set out in Appendix 4 to Annex I. For that purpose Parts 1 and 2 of that Appendix shall apply.

3. The manufacturer shall provide a documentation package that fully explains any element of design which affects emissions, the emission control strategy of the engine system, the means by which the engine system controls the output variables which have a bearing upon emissions, whether that control is direct or indirect, and fully explains the warning and inducement system required by Annex XIII. This documentation package shall be provided in accordance with Article 5(3).

4. In addition to the information referred to in paragraph 3, the manufacturer shall submit the information required by Article 5(4)(a) to (i) and Article 7(4)(a) to (e).

5. The manufacturer shall submit to the technical service responsible for the type-approval tests an engine representative of the type to be approved.

6. Changes to the make of a system, component or separate technical unit that occur after a type-approval shall not automatically invalidate a type-approval, unless its original characteristics or technical parameters are changed in such a way that the functionality of the engine or pollution control system is affected.

Article 10

Administrative provisions for EC type-approval of a vehicle with regard to emissions and access to vehicle repair and maintenance information

1. If all the relevant requirements are met, the approval authority shall grant an EC type-approval of a vehicle with regard to emissions and access to vehicle repair and maintenance information and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.

Without prejudice to the provisions of Annex VII to Directive 2007/46/EC, Section 3 of the type-approval number shall be drawn up in accordance with Appendix 9 to Annex I to this Regulation.

An approval authority shall not assign the same number to another vehicle type.

2. When granting an EC type-approval under paragraph 1, the approval authority shall issue an EC type-approval certificate using the model set out in Appendix 7 to Annex I.

Article 11

Conformity of production

1. Measures to ensure the conformity of production shall be taken in accordance with the provisions of Article 12 of Directive 2007/46/EC.

2. Conformity of production shall be checked on the basis of the description in the type-approval certificates set out in Appendices 5, 6 and 7 to Annex I, as applicable.

3. Conformity of production shall be assessed in accordance with the specific conditions laid down in Section 7 of Annex I and the relevant statistical methods laid down in Appendices 1, 2 and 3 to that Annex.

Article 12

In-service conformity

1. Measures to ensure in-service conformity of vehicles or engine systems type-approved under this Regulation or Directive 2005/55/EC of the European Parliament and of the Council ( 5 ) shall be taken in accordance with Article 12 of Directive 2007/46/EC, and complying with the requirements of Annex II to this Regulation in the case of vehicles or engine systems type-approved under this Regulation and with the requirements of Annex XII to this Regulation in the case of vehicles or engine systems type-approved under Directive 2005/55/EC.

2. The technical measures taken by the manufacturer shall be such as to ensure that the tailpipe emissions are effectively limited, throughout the normal life of the vehicles under normal conditions of use. The conformity with the provisions of this Regulation shall be checked over the normal useful life of an engine system installed in a vehicle under normal conditions of use as specified in Annex II to this Regulation.

3. The manufacturer shall report the results of the in-service testing to the approval authority which granted the original type-approval in accordance with the initial plan submitted at type-approval. Any deviation from the initial plan shall be justified to the satisfaction of the approval authority.

4. If the approval authority which granted the original type-approval is not satisfied with the manufacturer’s reporting in accordance with Section 10 of Annex II, or has reported evidence of unsatisfactory in-service conformity, the authority may order the manufacturer to run a test for confirmatory purposes. The approval authority shall examine the confirmatory test report supplied by the manufacturer.

5. Where the approval authority which granted the original type-approval is not satisfied with the results of in-service tests or confirmatory tests in accordance with the criteria set out in Annex II, or based on in-service testing conducted by a Member State, it shall require the manufacturer to submit a plan of remedial measures to remedy the non-conformity in accordance with Article 13 and Section 9 of Annex II.

6. Any Member State may conduct and report its own surveillance testing, based on the in-service conformity testing procedure set out in Annex II. Information on the procurement, maintenance, and manufacturer’s participation in the activities shall be recorded. On request by an approval authority the approval authority that granted the original type-approval shall provide the necessary information about the type-approval to enable testing in accordance with the procedure set out in Annex II.

7. If a Member State demonstrates that an engine or vehicle type does not conform to the applicable requirements of this Article and Annex II, it shall notify through its own approval authority without delay the approval authority which granted the original type-approval in accordance with the requirements of Article 30(3) of Directive 2007/46/EC.

Following that notification and subject to the provision of Article 30(6) of Directive 2007/46/EC, the approval authority of the Member State which granted the original type-approval shall promptly inform the manufacturer that an engine or vehicle type fails to satisfy the requirements of these provisions.

8. Following the notification referred to in paragraph 7 and in cases where earlier in-service conformity testing showed conformity, the approval authority which granted the original type-approval may require the manufacturer to perform additional confirmatory tests after consultation with the experts of the Member State that reported the failing vehicle.

If no such test data is available, the manufacturer shall, within 60 working days after receipt of the notification referred to in paragraph 7, either submit to the approval authority which granted the original type-approval a plan of remedial measures in accordance with Article 13 or perform additional in-service conformity testing with an equivalent vehicle to verify whether the engine or vehicle type fails the requirements. In the case where the manufacturer can demonstrate to the satisfaction of the approval authority that further time is required to perform additional testing, an extension may be granted.

9. Experts of the Member State that reported the failing engine or vehicle type in accordance with paragraph 7 shall be invited to witness the additional in-service conformity tests referred to in paragraph 8. Additionally, the results of the tests shall be reported to that Member State and the approval authorities.

If these in-service conformity tests or confirmatory tests confirm the non-conformance of the engine or vehicle type, the approval authority shall require the manufacturer to submit a plan of remedial measures to remedy the non-conformity. The plan of remedial measures shall comply with the provisions of Article 13 and Section 9 of Annex II.

If those in-service conformity tests or confirmatory tests show conformity the manufacturer shall submit a report to the approval authority which granted the original type-approval. The report shall be submitted by the approval authority which granted the original type-approval to the Member State that reported the failing vehicle type and the approval authorities. It shall contain the test results according to Section 10 of Annex II.

10. The approval authority which granted the original type-approval shall keep the Member State which had established that the engine or vehicle type did not conform to the applicable requirements informed of the progress and results of the discussions with the manufacturer, the verification tests and the remedial measures.

Article 13

Remedial measures

1. On request of the approval authority and following in-service testing in accordance with Article 12 the manufacturer shall submit the plan of remedial measures to the approval authority no later than 60 working days after receipt of the notification from the approval authority. Where the manufacturer can demonstrate to the satisfaction of the approval authority that further time is required to investigate the reason for the non-compliance in order to submit a plan of remedial measures, an extension may be granted.

2. The remedial measures shall apply to all engines in service belonging to the same engine families or OBD engine families and be extended also to engine families or OBD engine families which are likely to be affected with the same defects. The need to amend the type-approval documents shall be assessed by the manufacturer and the result reported to the approval authority.

3. The approval authority shall consult the manufacturer in order to secure agreement on a plan of remedial measures and on executing the plan. If the approval authority which granted the original type-approval establishes that no agreement can be reached, the procedure set out in Article 30(1) and 30(5) of Directive 2007/46/EC shall be initiated.

4. The approval authority shall within 30 working days from the date on which it has received the plan of remedial measures from the manufacturer, approve or reject the plan of remedial measures. The approval authority shall within the same time also notify the manufacturer and all Member States of its decision to approve or reject the plan of remedial measures.

5. The manufacturer shall be responsible for the execution of the approved plan of remedial measures.

6. The manufacturer shall keep a record of every engine system or vehicle recalled and repaired or modified and of the workshop which performed the repair. The approval authority shall have access to that record on request during the execution and for a period of 5 years after the completion of the execution of the plan.

7. Any repair or modification referred to in paragraph 6 shall be recorded in a certificate supplied by the manufacturer to the owner of the engine or vehicle.

Article 14

Requirements to limit off-cycle emissions

1. The manufacturer shall take all necessary measures, in accordance with this Regulation and Article 4 of Regulation (EC) No 595/2009, so as to ensure that the tailpipe emissions are effectively limited throughout the normal life of the vehicle and under all normal conditions of use.

Those measures shall take the following into account:

(a) the general requirements including the performance requirements and the prohibition of defeat strategies;

(b) the requirements to effectively limit the tailpipe emissions under the range of ambient conditions under which the vehicle may be expected to operate, and under the range of operating conditions that may be encountered;

(c) the requirements with respect to off-cycle laboratory testing at type-approval;

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(d) the requirements with respect to the PEMS demonstration test at type-approval and any additional requirements with respect to off-cycle in-use vehicle testing, as provided for in this Regulation;

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(e) the requirement for the manufacturer to provide a statement of compliance with the requirements limiting off-cycle emissions.

2. The manufacturer shall fulfil the specific requirements, together with the associated test procedures, set out in Annex VI.

3. Any additional requirements with respect to off-cycle in-use vehicle testing referred to in point (d) of paragraph 1 shall be introduced after the assessment of the PEMS procedures set out in Annex II. The assessment shall be finalised by 31 December 2014.

Article 15

Pollution control devices

1. ►M1 The manufacturer shall ensure that replacement pollution control devices intended to be fitted to EC type-approved engine systems or vehicles covered by Regulation (EC) No 595/2009 are EC type-approved, as separate technical units in accordance with the requirements of this Article and of Articles 1a, 16 and 17. ◄

Catalytic converters, deNOx devices and particulate filters shall be considered to be pollution control devices for the purposes of this Regulation.

2. Original replacement pollution control devices, which fall within the type covered by point 3.2.12 of Appendix 4 to Annex I and are intended for fitment to a vehicle to which the relevant type-approval document refers, do not need to comply with all provisions of Annex XI provided that they fulfil the requirements of points 2.1, 2.2 and 2.3 of that Annex.

3. The manufacturer shall ensure that the original pollution control device carries identification markings.

4. The identification markings referred to in paragraph 3 shall comprise the following:

(a) the vehicle or engine manufacturer's name or trade mark;

(b) the make and identifying part number of the original pollution control device as recorded in the information referred to in point 3.2.12.2 of Appendix 4 to Annex I.

5. Replacement pollution control devices shall only be type-approved according to Regulation (EC) No 595/2009 and this Regulation once the specific testing requirements are introduced in Annex XI to this Regulation.

Article 16

Application for EC type-approval of a type of replacement pollution control device as a separate technical unit

1. The manufacturer shall submit to the approval authority an application for EC type-approval of a type of replacement pollution control device as a separate technical unit.

2. The application shall be drawn up in accordance with the model of the information document set out in Appendix 1 to Annex XI.

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3. The manufacturer shall submit the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.

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4. The manufacturer shall submit to the technical service responsible for the type-approval test the following:

(a) an engine system or engine systems of a type-approved in accordance with this Regulation equipped with a new original equipment pollution control device;

(b) one sample of the type of the replacement pollution control device;

(c) an additional sample of the type of the replacement pollution control device, in the case of a replacement pollution control device intended to be fitted to a vehicle equipped with an OBD system.

5. For the purposes of point (a) of paragraph 4, the test engines shall be selected by the applicant with the agreement of the approval authority.

The test conditions shall comply with the requirements set out in Section 6 of Annex 4B to UN/ECE Regulation No 49.

The test engines shall respect the following requirements:

(a) they shall have no emission control system defects;

(b) any malfunctioning or excessively worn emission-related original part shall be repaired or replaced;

(c) they shall be tuned properly and set to the manufacturer's specification prior to emission testing.

6. For the purposes of points (b) and (c) of paragraph 4, the sample shall be clearly and indelibly marked with the applicant's trade name or mark and its commercial designation.

7. For the purposes of point (c) of paragraph 4, the sample shall be a qualified deteriorated component.

Article 17

Administrative provisions for EC type-approval of replacement pollution control device as separate technical unit

1. If all the relevant requirements are met, the approval authority shall grant an EC type-approval for replacement pollution control devices as separate technical units and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC.

The approval authority shall not assign the same number to another replacement pollution control device type.

The same type-approval number may cover the use of that replacement pollution control device type on a number of different vehicle or engine types.

2. For the purposes of paragraph 1, the approval authority shall issue an EC type-approval certificate established in accordance with the model set out in Appendix 2 to Annex XI.

3. If the manufacturer is able to demonstrate to the approval authority that the replacement pollution control device is of a type referred to in point 3.2.12.2 of Appendix 4 to Annex I, the granting of a type-approval shall not be dependent on verification of compliance with the requirements set out in Section 4 of Annex XI.

Article 18

Amendments to Regulation (EC) No 595/2009

Regulation (EC) No 595/2009 is amended in accordance with Annex XV to this Regulation.

Article 19

Amendments to Directive 2007/46/EC

Directive 2007/46/EC is amended in accordance with Annex XVI to this Regulation.

Article 20

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.









LIST OF ANNEXES

ANNEX I Administrative provisions for EC type-approval Appendix 1 Procedure for production conformity testing when standard deviation is satisfactory Appendix 2 Procedure for production conformity testing when standard deviation is unsatisfactory or unavailable Appendix 3 Procedure for production conformity testing at manufacturer's request Appendix 4 Models of information document Appendix 5 Models of EC type-approval certificate of an engine type/component as separate technical unit Appendix 6 Models of EC type-approval certificate of a type of a vehicle with an approved engine Appendix 7 Models of EC type-approval certificate of a type of a vehicle with regard to a system Appendix 8 Example of the EC type-approval mark Appendix 9 EC Type-Approval Certification Numbering System Appendix 10 Explanatory notes ANNEX II Conformity of in-service engines or vehicles Appendix 1 Test procedure for vehicle emissions testing with portable emissions measurement systems Appendix 2 Portable measurement equipment Appendix 3 Calibration of portable measurement equipment Appendix 4 Method to check the conformity of the ECU torque signal ANNEX III Verifying exhaust emissions Appendix 1 Procedure for the measurement of ammonia Appendix 2 Determination of emissions from positive-ignition engines fuelled with petrol or E85 ANNEX IV Emissions data required at type-approval for roadworthiness purposes ANNEX V Verifying emissions of crankcase gases ANNEX VI Requirements to limit off-cycle emissions (OCE) and in-use emissions Appendix 1 PEMS demonstration test at type-approval ANNEX VII Verifying the durability of engine systems ANNEX VIII CO2 emissions and fuel consumption Appendix 1 Provisions on CO2 emissions and fuel consumption for extension of an EC type-approval for a vehicle type-approved under Regulation (EC) No 595/2009 and this Regulation with a reference mass exceeding 2 380 kg but not exceeding 2 610 kg ANNEX IX Specifications of reference fuels ANNEX X On-board diagnostics (OBD) Appendix 1 Additional monitoring requirements Appendix 2 Performance monitoring Appendix 3 Demonstration requirements in case of performance monitoring of a wall-flow diesel particulate filter Appendix 4 Assessment of the in-use performance of the on-board diagnostic system Appendix 5 Assessment of the in-use performance of the on-board diagnostic system during the phase-in period Appendix 6 Model of an OBD in-use performance compliance statement ANNEX XI EC type-approval of replacement pollution control devices as separate technical unit Appendix 1 Model information document Appendix 2 Model EC type-approval certificate Appendix 3 Ageing procedure for evaluation of durability ANNEX XII Conformity of in-service engines and vehicles type-approved under Directive 2005/55/EC ANNEX XIII Requirements to ensure the correct operation of NOx control measures Appendix 1 Demonstration requirements Appendix 2 Description of the driver warning and inducement activation and deactivation mechanisms Appendix 3 Low-level inducement torque reduction scheme Appendix 4 Demonstration of correct installation on a vehicle in the case of engines EC type-approved as a separate technical unit Appendix 5 Access to NOx control information Appendix 6 Demonstration of the minimum acceptable reagent concentration CDmin ANNEX XIV Measurement of net engine power ANNEX XV Amendments to Regulation (EC) No 595/2009 ANNEX XVI Amendments to Directive 2007/46/EC ANNEX ХVII Access to vehicle OBD and vehicle repair and maintenance information Appendix 1 Manufacturer’s Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information Appendix 2 Vehicle OBD information Appendix 3 List of carry-over systems covered by Article 2e









ANNEX I

ADMINISTRATIVE PROVISIONS FOR EC TYPE-APPROVAL

1. REQUIREMENTS ON FUEL RANGE

1.1. Requirements on universal fuel range type-approval

A universal fuel range approval shall be granted subject to the requirements specified in points 1.1.1 to 1.1.6.1.

1.1.1. The parent engine shall meet the requirements of this Regulation on the appropriate reference fuels specified in Annex IX. Specific requirements shall apply to natural gas fuelled engines, as laid down in point 1.1.3.

1.1.2. If the manufacturer permits to operate the engine family to run on market fuels not included in Directive 98/70/EC of the European Parliament and of the Council ( 6 ) and the EN 228 CEN standards in the case of unleaded petrol and EN 590 CEN standard in the case of diesel, such as running on B100, the manufacturer shall, in addition to the requirements in point 1.1.1: (a) declare the fuels the engine family is capable to run on in point 3.2.2.2.1 of Part 1 of Appendix 4; (b) demonstrate the capability of the parent engine to meet the requirements of this Regulation on the fuels declared; (c) be liable to meet the requirements of in-service conformity specified in Annex II on the fuels declared including any blend between the declared fuels and the market fuels included in Directive 98/70/EC and the relevant CEN standards.

1.1.3. In the case of a natural gas fuelled engine the manufacturer shall demonstrate the parent engines capability to adapt to any fuel composition that may occur on the market within the European Union. In the case of natural gas there are generally two types of fuel, high calorific fuel (H-gas) and low calorific fuel (L-gas), but with a significant spread within both ranges; they differ significantly in their energy content expressed by the Wobbe Index and in their λ-shift factor (Sλ). Natural gases with a λ-shift factor between 0,89 and 1,08 (0,89 ≤ Sλ ≤ 1,08) are considered to belong to H-range, while natural gases with a λ-shift factor between 1,08 and 1,19 (1,08 ≤ Sλ ≤ 1,19) are considered to belong to L-range. The composition of the reference fuels reflects the extreme variations of Sλ. The parent engine shall meet the requirements of this Regulation on the reference fuels GR (fuel 1) and G25 (fuel 2), as specified in Annex IX, without any readjustment to the fuelling between the two tests. One adaptation run over one WHTC hot cycle without measurement is permitted after the change of the fuel. After the adaptation run the engine shall be cooled down in accordance with Section 7.6.1 of Annex 4B to UN/ECE Regulation No 49.

1.1.3.1. At the manufacturer's request the engine may be tested on a third fuel (fuel 3) if the λ-shift factor (Sλ) lies between 0,89 (that is the lower range of GR) and 1,19 (that is the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

1.1.4. In the case of an engine fuelled with natural gas which is self adaptive for the range of H-gases on the one hand and the range of L-gases on the other hand, and which switches between the H-range and the L-range by means of a switch, the parent engine shall be tested on the relevant reference fuel as specified in Annex IX for each range, at each position of the switch. The fuels are GR (fuel 1) and G23 (fuel 3) for the H-range of gases and G25 (fuel 2) and G23 (fuel 3) for the L-range of gases. The parent engine shall meet the requirements of this Regulation at both positions of the switch without any readjustment to the fuelling between the two tests at each position of the switch. One adaptation run over one WHTC hot cycle without measurement is permitted after the change of the fuel. After the adaptation run the engine shall be cooled down in accordance with Section 7.6.1 of Annex 4B to UN/ECE Regulation No 49.

1.1.4.1. At the manufacturer's request the engine may be tested on a third fuel instead of G23 (fuel 3) if the λ-shift factor (Sλ) lies between 0,89 (that is the lower range of GR) and 1,19 (that is the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

1.1.5. In the case of natural gas engines, the ratio of the emission results ‘r’ shall be determined for each pollutant as follows: , or , and

1.1.6. In the case of LPG the manufacturer shall demonstrate the parent engines capability to adapt to any fuel composition that may occur across the market. In the case of LPG there are variations in C3/C4 composition. These variations are reflected in the reference fuels. The parent engine shall meet the emission requirements on the reference fuels A and B as specified in Annex IX without any readjustment to the fuelling between the two tests. One adaptation run over one WHTC hot cycle without measurement is permitted after the change of the fuel. After the adaptation run the engine shall be cooled down in accordance with Section 7.6.1 of Annex 4B to UN/ECE Regulation No 49.

1.1.6.1. The ratio of emission results ‘r’ shall be determined for each pollutant as follows:

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1.2. Requirements on restricted fuel range type-approval in case of positive-ignition engines fuelled with natural gas or LPG

Fuel range restricted approval shall be granted subject to the requirements specified in points 1.2.1 to 1.2.2.2.

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1.2.1. Exhaust emissions type-approval of an engine running on natural gas and laid out for operation on either the range of H-gases or on the range of L-gases. The parent engine shall be tested on the relevant reference fuel, as specified in Annex IX, for the relevant range. The fuels are GR (fuel 1) and G23 (fuel 3) for the H-range of gases and G25 (fuel 2) and G23 (fuel 3) for the L-range of gases. The parent engine shall meet the requirements of this Regulation without any readjustment to the fuelling between the two tests. One adaptation run over one WHTC hot cycle without measurement is permitted after the change of the fuel. After the adaptation run the engine shall be cooled down in accordance with Section 7.6.1 of Annex 4B to UN/ECE Regulation No 49.

1.2.1.1. At the manufacturer's request the engine may be tested on a third fuel instead of G23 (fuel 3) if the λ-shift factor (Sλ) lies between 0,89 (that is the lower range of GR) and 1,19 (that is the upper range of G25), for example when fuel 3 is a market fuel. The results of this test may be used as a basis for the evaluation of the conformity of the production.

1.2.1.2. The ratio of emission results ‘r’ shall be determined for each pollutant as follows: , or , and

1.2.1.3. On delivery to the customer the engine shall bear a label as specified in Section 3.3 stating for which range of gases the engine is approved.

1.2.2. Exhaust emissions type-approval of an engine running on natural gas or LPG and designed for operation on one specific fuel composition. The parent engine shall meet the emission requirements on the reference fuels GR and G25 in the case of natural gas, or the reference fuels A and B in the case of LPG, as specified in Annex IX. Fine tuning of the fuelling system is allowed between the tests. This fine tuning will consist of a recalibration of the fuelling database, without any alteration to either the basic control strategy or the basic structure of the database. If necessary the exchange of parts that are directly related to the amount of fuel flow such as injector nozzles is allowed.

1.2.2.1. At the manufacturer's request the engine may be tested on the reference fuels GR and G23, or on the reference fuels G25 and G23, in which case the type-approval is only valid for the H-range or the L-range of gases respectively.

1.2.2.2. On delivery to the customer the engine shall bear a label as specified in Section 3.3 stating for which fuel composition the engine has been calibrated.

2. EXHAUST EMISSIONS TYPE-APPROVAL OF A MEMBER OF A FAMILY

2.1. With the exception of the case mentioned in point 2.2, the type-approval of a parent engine shall be extended to all family members, without further testing, for any fuel composition within the range for which the parent engine has been approved (in the case of engines described in point 1.2.2) or the same range of fuels (in the case of engines described in either point 1.1 or 1.2) for which the parent engine has been type-approved.

2.2. If the technical service determines that, with regard to the selected parent engine the submitted application does not fully represent the engine family defined in Part 1 of Appendix 4, an alternative and if necessary an additional reference test engine may be selected by the technical service and tested.

3. ENGINE MARKINGS

3.1. In the case of an engine type approved as a separate technical unit or a vehicle type approved with regard to emissions and access to vehicle repair and maintenance information, the engine shall bear: (a) the trademark or trade name of the manufacturer of the engine; (b) the manufacturer's commercial description of the engine; (c) in case of an NG engine one of the following markings to be placed after the EC type-approval mark: (i) H in case of the engine being approved and calibrated for the H-range of gases; (ii) L in case of the engine being approved and calibrated for the L-range of gases; (iii) HL in case of the engine being approved and calibrated for both the H-range and L-range of gases; (iv) Ht in case of the engine being approved and calibrated for a specific gas composition in the H-range of gases and transformable to another specific gas in the H-range of gases by fine tuning of the engine fuelling; (v) Lt in case of the engine being approved and calibrated for a specific gas composition in the L-range of gases and transformable to another specific gas in the L-range of gases after fine tuning of the engine fuelling; (vi) HLt in the case of the engine being approved and calibrated for a specific gas composition in either the H-range or the L-range of gases and transformable to another specific gas in either the H-range or the L-range of gases by fine tuning of the engine fuelling.

3.2. Every engine conforming to the type approved under this Regulation as a separate technical unit shall bear an EC type-approval mark. This mark shall consist of: 3.2.1. A rectangle surrounding the lower-case letter ‘e’ followed by the distinguishing number of the Member State which has granted the EC separate technical unit type-approval: 1 for Germany 2 for France 3 for Italy 4 for the Netherlands 5 for Sweden 6 for Belgium 7 for Hungary 8 for the Czech Republic 9 for Spain 11 for the United Kingdom 12 for Austria 13 for Luxembourg 17 for Finland 18 for Denmark 19 for Romania 20 for Poland 21 for Portugal 23 for Greece 24 for Ireland 26 for Slovenia 27 for Slovakia 29 for Estonia 32 for Latvia 34 for Bulgaria 36 for Lithuania 49 for Cyprus 50 for Malta 3.2.2. The EC type-approval mark shall also include in the vicinity of the rectangle the ‘base approval number’ contained in Section 4 of the type-approval number referred to in Annex VII to Directive 2007/46/EC, preceded by the two figures indicating the sequence number assigned to the latest technical amendment to Regulation (EC) No 595/2009 or this Regulation on the date EC type-approval for a separate technical unit was granted. For this Regulation, the sequence number is 00. 3.2.3. The EC type-approval mark shall be affixed to the engine in such a way as to be indelible and clearly legible. It shall be visible when the engine is installed on the vehicle and shall be affixed to a part necessary for normal engine operation and not normally requiring replacement during engine life. 3.2.4. Appendix 8 gives examples of the EC type-approval mark.

3.3. Labels for NG and LPG fuelled engines In the case of NG and LPG fuelled engines with a fuel range restricted type-approval, the following labels containing information provided in point 3.3.1 shall be affixed. 3.3.1. The following information shall be given on the label: In the case of point 1.2.1.3, the label shall state ‘ONLY FOR USE WITH NATURAL GAS RANGE H’. If applicable, ‘H’ is replaced by ‘L’. In the case of point 1.2.2.2, the label shall state ‘ONLY FOR USE WITH NATURAL GAS SPECIFICATION …’ or ‘ONLY FOR USE WITH LIQUEFIED PETROLEUM GAS SPECIFICATION …’, as applicable. All the information in the appropriate table in Annex IX shall be given with the individual constituents and limits specified by the engine manufacturer. The letters and figures shall be at least 4 mm in height. If lack of space prevents such labelling, a simplified code may be used. In this event, explanatory notes containing all the above information shall be easily accessible to any person filling the fuel tank or performing maintenance or repair on the engine and its accessories, as well as to the authorities concerned. The site and content of these explanatory notes shall be determined by agreement between the manufacturer and the approval authority. 3.3.2. Properties Labels shall be durable for the useful life of the engine. Labels shall be clearly legible and their letters and figures shall be indelible. Additionally, labels shall be attached in such a manner that their fixing is durable for the useful life of the engine, and the labels cannot be removed without destroying or defacing them. 3.3.3. Placing Labels shall be secured to an engine part necessary for normal engine operation and not normally requiring replacement during engine life. Additionally, these labels shall be located so as to be readily visible after the engine has been completed with all the auxiliaries necessary for engine operation.

3.4. In case of an application for EC type-approval of a vehicle with an approved engine with regard to emissions and access to vehicle repair and maintenance information or an EC type-approval of a vehicle with regard to emissions and access to vehicle repair and maintenance information, the label specified in Section 3.3 shall also be placed close to the fuel filling aperture.

4. INSTALLATION ON THE VEHICLE

4.1. The engine installation on the vehicle shall be performed in such a way as to ensure that the type-approval requirements are met. The following characteristics in respect to the type-approval of the engine shall be taken into consideration: 4.1.1. Intake depression shall not exceed that declared for the engine type-approval in Part 1 of Appendix 4; 4.1.2. Exhaust back pressure shall not exceed that declared for the engine type-approval in Part 1 of Appendix 4; 4.1.3. Power absorbed by the auxiliaries needed for operating the engine shall not exceed that declared for the engine type-approval in Part 1 of Appendix 4; 4.1.4. The characteristics of the exhaust after-treatment system shall be in accordance with those declared for the engine type-approval in Part 1 of Appendix 4.

4.2. Installation of a type-approved engine on a vehicle The installation of an engine type approved as a separate technical unit on a vehicle shall, in addition, comply with the following requirements: (a) as regard the compliance of the OBD system, the installation shall, according to Appendix 1 of Annex 9B to UN/ECE Regulation No 49, meet the manufacturer's installation requirements as specified in Part 1 of Appendix 4; (b) as regard the compliance of the system ensuring the correct operation of NOx control measures, the installation shall, according to Appendix 4 of Annex XIII, meet the manufacturer's installation requirements as specified in Part 1 of Appendix 4.

4.3. Inlet to fuel tanks in the case of a petrol or E85 fuelled engine 4.3.1. The inlet orifice of the petrol or E85 tank shall be designed so it prevents the tank from being filled from a fuel pump delivery nozzle that has an external diameter of 23,6 mm or greater. 4.3.2. Point 4.3.1 shall not apply to a vehicle for which both of the following conditions are satisfied: (a) the vehicle is designed and constructed so that no device designed to control the emission of gaseous pollutants is adversely affected by leaded petrol; (b) the vehicle is conspicuously, legibly and indelibly marked with the symbol for unleaded petrol specified in ISO 2575:2004 in a position immediately visible to a person filling the fuel tank. Additional marking are permitted. 4.3.3. Provision shall be made to prevent excess evaporative emissions and fuel spillage caused by a missing fuel filler cap. This may be achieved by using one of the following: (a) an automatically opening and closing, non-removable fuel filler cap; (b) design features which avoid excess evaporative emissions in the case of a missing fuel filler cap; (c) or in case of M1 or N1 vehicles, any other provision which has the same affect. Examples may include, but are not limited to, a tethered filler cap, a chained filler cap or one utilising the same locking key for the filler cap as for the vehicle’s ignition. In this case the key shall be removable from the filler cap only in the locked condition.

5. REQUIREMENTS AND TESTS FOR IN-SERVICE TESTING

5.1. Introduction

This Section sets out the specifications and tests of the ECU data at type-approval for the purpose of in-service testing.

5.2. General Requirements

5.2.1 For the purpose of in-service testing, the calculated load (engine torque as a percentage of maximum torque and the maximum torque available at the current engine speed), the engine speed, the engine coolant temperature, the instantaneous fuel consumption, and the reference maximum engine torque as a function of engine speed shall be made available by the OBD system in real time and at a frequency of at least 1 Hz, as mandatory data stream information.

5.2.2. The output torque may be estimated by the ECU using built-in algorithms to calculate the produced internal torque and the friction torque.

5.2.3 The engine torque in Nm resulting from the above data stream information shall permit a direct comparison with the values measured when determining the engine power according to Annex XIV. In particular, any eventual corrections as regards auxiliaries shall be included in the above data stream information.

5.2.4. Access to the information required in point 5.2.1 shall be provided in accordance with the requirements set out in Annex X and with the standards referred to in Appendix 6 to Annex 9B to UN/ECE Regulation No 49.

5.2.5. The average load at each operating condition in Nm calculated from the information requested in point 5.2.1 shall not differ from the average measured load at that operating condition by more than: (a) 7 % when determining the engine power according to Annex XIV; (b) 10 % when performing the World Harmonised Steady state Cycle (hereinafter ‘WHSC’) test according to Annex III. The UN/ECE Regulation No 85 ( 7 ) allows the actual maximum load of the engine to differ from the reference maximum load by 5 % in order to address the manufacturing process variability. This tolerance is taken into account in the above values.

5.2.6. External access to the information required in point 5.2.1 shall not influence the vehicle emissions or performance.

5.3. Verification of the availability and conformity of the ECU information required for in-service testing

5.3.1. The availability of the data stream information required in point 5.2.1 according to the requirements set out in point 5.2.2 shall be demonstrated by using an external OBD scan-tool as described in Annex X.

5.3.2. In the case where this information cannot be retrieved in a proper manner, using a scan-tool that is working properly, the engine is considered as non-compliant.

▼M1

5.3.3. The conformity of the ECU torque signal to the requirements of points 5.2.2 and 5.2.3 shall be demonstrated with the parent engine of an engine family when determining the engine power in accordance with Annex XIV and when performing the WHSC test in accordance with Annex III and off-cycle laboratory testing at type-approval in accordance with Section 6 of Annex VI.

▼M1

5.3.3.1. The conformity of the ECU torque signal to the requirements of points 5.2.2 and 5.2.3 shall be demonstrated for each engine family member when determining the engine power in accordance with Annex XIV. For this purpose additional measurements shall be performed at several part load and engine speed operating points (for example at the modes of the WHSC and some additional random points).

▼B

5.3.4. In the case where the engine under test does not match the requirements set out in Annex XIV concerning auxiliaries, the measured torque shall be corrected in accordance to the correction method set out in Annex 4B to UN/ECE Regulation No 49.

5.3.5. The conformity of the ECU torque signal is considered to be demonstrated if the torque signal remains within the tolerances set out in point 5.2.5.

6. ENGINE FAMILY

6.1. Parameters defining the engine family

The engine family, as determined by the engine manufacturer, shall comply with Section 5.2 of Annex 4B to UN/ECE Regulation No 49.

6.2. Choice of the parent engine

The parent engine of the family shall be selected in accordance with the requirements set out in point 5.2.4 of Annex 4B to UN/ECE Regulation No 49.

6.3. Parameters for defining an OBD engine family

The OBD engine family shall be determined by basic design parameters that shall be common to engine systems within the family in accordance with Section 6.1 of Annex 9B to UN/ECE Regulation No 49.

7. CONFORMITY OF PRODUCTION

7.1. General requirements

Measures to ensure conformity of production shall be taken in accordance with Article 12 of Directive 2007/46/EC. Conformity of production shall be checked on the basis of the description in the type-approval certificates set out in Appendix 4 to this Annex. In applying Appendices 1, 2 or 3, the measured emission of the gaseous and particulate pollutants from engines subject to checking for conformity of production shall be adjusted by application of the appropriate deterioration factors (DF’s) for that engine as recorded in the Addendum to the EC type-approval certificate granted in accordance with this Regulation.

The provisions of Annex X to Directive 2007/46/EC shall be applicable where the approval authorities are not satisfied with the auditing procedure of the manufacturer.

All engines subject to tests shall be randomly taken from the series production.

7.2. Emissions of pollutants

7.2.1. If emissions of pollutants are to be measured and an engine type-approval has had one or more extensions, the tests shall be carried out on the engines described in the information package relating to the relevant extension.

7.2.2. Conformity of the engine subjected to a pollutant test: After submission of the engine to the authorities, the manufacturer may not carry out any adjustment to the engines selected.

7.2.2.1. Three engines shall be taken from the series production of the engines under consideration. Engines shall be subjected to testing on the WHTC, and on the WHSC if applicable, for the checking of the production conformity. The limit values shall be those set out in Annex I to Regulation (EC) No 595/2009.

7.2.2.2. Where the approval authority is satisfied with the production standard deviation given by the manufacturer in accordance with Annex X to Directive 2007/46/EC, the tests shall be carried out according to Appendix 1 to this Annex. Where the approval authority is not satisfied with the production standard deviation given by the manufacturer in accordance with Annex X to Directive 2007/46/EC, the tests shall be carried out according to Appendix 2 to this Annex. At the manufacturer’s request, the tests may be carried out in accordance with Appendix 3 to this Annex.

7.2.2.3. On the basis of tests of the engine by sampling as set out in point 7.2.2.2, the series production of the engines under consideration is regarded as conforming where a pass decision is reached for all the pollutants and as non-conforming where a fail decision is reached for one pollutant, in accordance with the test criteria applied in the appropriate Appendix. When a pass decision has been reached for one pollutant, this decision may not be changed as a consequence of a result from any additional tests made in order to reach a decision for the other pollutants. If a pass decision is not reached for all the pollutants and if no fail decision is reached for any pollutant, a test is carried out on another engine (see Figure 1). If no decision is reached, the manufacturer may at any time decide to stop testing. In that case a fail decision is recorded. Figure 1 Schematic of production conformity testing

7.2.3. The tests shall be carried out on newly manufactured engines.

7.2.3.1. At the request of the manufacturer, the tests may be carried out on engines which have been run-in up to a maximum of 125 hours. In this case, the running-in procedure shall be conducted by the manufacturer who shall undertake not to make any adjustments to those engines.

7.2.3.2. When the manufacturer requests to conduct a running-in procedure in accordance with point 7.2.3.1, it may be carried out on either of the following: (a) all the engines that are tested; (b) the first engine tested, with the determination of an evolution coefficient as follows: (i) the pollutant emissions shall be measured both on the newly manufactured engine and before the maximum of 125 hours set in point 7.2.3.1 on the first engine tested; (ii) the evolution coefficient of the emissions between the two tests shall be calculated for each pollutant: Emissions on second test/Emissions first test The evolution coefficient may have a value less than one. The subsequent test engines shall not be subjected to the running-in procedure, but their emissions when newly manufactured shall be modified by the evolution coefficient. In this case, the values to be taken shall be the following: (a) for the first engine, the values from the second test; (b) for the other engines, the values when newly manufactured multiplied by the evolution coefficient.

7.2.3.3. For diesel, ethanol (ED95), petrol, E85 and LPG fuelled engines, all these tests may be conducted with the applicable market fuels. However, at the manufacturer’s request, the reference fuels described in Annex IX may be used. This implies tests, as described in Section 1 of this Annex, with at least two of the reference fuels for each gas engine.

7.2.3.4. For NG fuelled engines, all these tests may be conducted with market fuel in the following way: (a) for H marked engines with a market fuel within the H-range (0,89 ≤ Sλ ≤ 1,00); (b) for L marked engines with a market fuel within the L-range (1,00 ≤ Sλ ≤ 1,19); (c) for HL marked engines with a market fuel within the extreme range of the λ-shift factor (0,89 ≤ Sλ ≤ 1,19). However, at the manufacturer’s request, the reference fuels described in Annex IX may be used. This implies tests as described in Section 1 of this Annex.

7.2.3.5. In the case of dispute caused by the non-compliance of gas fuelled engines when using a market fuel, the tests shall be performed with a reference fuel on which the parent engine has been tested, or with the possible additional fuel 3 as referred to in points 1.1.4.1 and 1.2.1.1 on which the parent engine may have been tested. Then, the result shall be converted by a calculation applying the relevant factors ‘r’, ‘ra’ or ‘rb’ as described in points 1.1.5, 1.1.6.1 and 1.2.1.2. If r, ra or rb is less than 1, no correction shall take place. The measured results and the calculated results shall demonstrate that the engine meets the limit values with all relevant fuels (fuels 1, 2 and, if applicable, fuel 3 in the case of natural gas engines and fuels A and B in the case of LPG engines).

7.2.3.6. Tests for conformity of production of a gas fuelled engine laid out for operation on one specific fuel composition shall be performed on the fuel for which the engine has been calibrated.

7.3. On-board diagnostics (OBD)

7.3.1. When the approval authority determines that the quality of production seems unsatisfactory it may request a verification of the conformity of production of the OBD system. Such verification shall be carried out in accordance with the following: An engine shall be randomly taken from series production and subjected to the tests described in Annex 9B to UN/ECE Regulation No 49. The tests may be carried out on an engine that has been run-in up to a maximum of 125 hours.

7.3.2. The production is deemed to conform if this engine meets the requirements of the tests described in Annex 9B to UN/ECE Regulation No 49.