EN Official Journal of the European Union L 60/52

REGULATION (EU) No 168/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 January 2013

on the approval and market surveillance of two- or three-wheel vehicles and quadricycles

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. To that end a comprehensive EC type-approval system for two- or three-wheel vehicles was established by Directive 2002/24/EC of the European Parliament and of the Council (3) on the type-approval of such vehicles. Those principles should continue to apply for this Regulation and the delegated and implementing acts adopted pursuant to this Regulation.

(2) The internal market should be based on transparent, simple and consistent rules which provide legal certainty and clarity from which businesses and consumers alike can benefit.

(3) With the aim of simplifying and accelerating the adoption of type-approval legislation, a new regulatory approach has been introduced in EU vehicle type-approval legislation, under which the legislator in the ordinary legislative procedure sets out only the fundamental rules and principles and delegates the laying down of further technical details to the Commission. With regard to substantive requirements, this Regulation should therefore lay down only fundamental provisions on functional safety and environmental performance, and empower the Commission to lay down the technical specifications.

(4) This Regulation should be without prejudice to measures at national or Union level regarding the use of L-category vehicles on the road, such as specific drivers’ licence requirements, limitations of maximum speed or measures regulating access to certain roads.

(5) Market surveillance in the automotive sector, and in particular the L-category vehicle sector, should be improved by enhancing the legal provisions governing conformity of production and specifying the obligations of the economic operators in the supply chain. In particular, the role and responsibilities of the authorities in the Member States in charge of type-approval and market surveillance should be clarified, and the requirements relating to the competence, obligations and performance of the technical services that perform tests for vehicle type-approval reinforced. Compliance with the type-approval and conformity-of-production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, while market surveillance may be a competence shared between different national authorities. Effective coordination and monitoring at Union and national levels should be deployed to ensure that approval and market surveillance authorities apply the new measures effectively.

(6) The national authorities’ obligations laid down in the market surveillance provisions of this Regulation are more specific than the corresponding provisions of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (4).

(7) This Regulation should contain substantive requirements for environmental protection and vehicle functional safety. The main elements of the relevant requirements of this Regulation are based on the results of the impact assessment of 4 October 2010 carried out by the Commission analysing different options by listing possible advantages and disadvantages in terms of economic, environmental, safety and societal aspects. Both qualitative and quantitative aspects were included in that analysis. After comparison of the different options the preferred options were identified and chosen to form the basis for this Regulation.

(8) This Regulation aims to lay down harmonised rules for the type-approval of L-category vehicles, with a view to ensuring the functioning of the internal market. L-category vehicles are two-, three- or four-wheel vehicles such as powered two-wheel vehicles, tricycles and quadricycles. In addition, this Regulation aims to simplify the current legal framework, to reduce the emissions from L-category vehicles, thus resulting in a more proportionate share of L-category vehicle emissions in overall road transport emissions, to increase the overall level of safety, to adapt to technical progress and to strengthen the rules on market surveillance.

(9) In order to ensure a high level of vehicle functional safety, occupational safety and environmental protection, the technical requirements and environmental standards applicable to vehicles, systems, components and separate technical units with regard to type-approval should be harmonised.

(10) The objectives of this Regulation should not be affected by the fitting of certain systems, components or separate technical units after vehicles have been placed on the market, registered or entered into service. Thus, appropriate measures should be taken in order to make sure that systems, components or separate technical units which can be fitted to vehicles, and which could significantly impair the functioning of systems that are essential for environmental protection or functional safety, are subject to prior control by an approval authority before they are placed on the market, registered or are entered into service.

(11) Directive 95/1/EC of the European Parliament and of the Council of 2 February 1995 on the maximum design speed, maximum torque and maximum net engine power of two- or three-wheel motor vehicles (5) gave the option to Member States to refuse the initial registration and any subsequent registration within their territory of vehicles with a maximum net power of more than 74 kW. The anticipated correlation between safety and absolute power limitation could not be confirmed in several scientific studies. For that reason and in order to remove internal barriers to trade on the Union market, that option should no longer be maintained. Other, more effective safety measures should be introduced to help reduce the high numbers of fatalities and injuries among riders of powered two-wheel vehicles in road accidents in the Union.

(12) This Regulation sets environmental requirements for two stages with the second stage (Euro 5) being mandatory for new types of vehicles as of 1 January 2020, thereby creating long-term planning predictability for the vehicle manufacturers and the supplier industry. Based on future available data, an environmental effect study required by this Regulation should provide additional underpinning through modelling, technical feasibility and cost-effectiveness analysis based on the latest available data. In addition, the study should, inter alia, assess the feasibility and cost-effectiveness of in-service conformity testing requirements, off-cycle emission requirements and a particulate number emission limit for certain (sub-)categories. On the basis of the study results, the Commission should consider presenting a proposal introducing these new elements into future type-approval legislation applicable after the stages provided for in this Regulation.

(13) The EU type-approval system is intended to enable each Member State to confirm that each type of vehicle has undergone the checks provided for in this Regulation and in delegated and implementing acts adopted pursuant to this Regulation, and that its manufacturer has obtained a type-approval certificate. It furthermore obliges manufacturers to issue a certificate of conformity for each vehicle produced in accordance with the type-approval. When a vehicle is accompanied by such a certificate it should be permitted to be made available on the market and registered for use throughout the Union.

(14) In order to ensure that the procedure for monitoring conformity of production, which is one of the cornerstones of the EU type-approval system, has been correctly implemented and functions properly, manufacturers should be regularly checked by a competent authority or by an appropriately qualified technical service designated for that purpose.

(15) This Regulation constitutes a set of specific safety and environmental requirements. Therefore, it is important to establish provisions to ensure that, in cases where a vehicle presents a serious risk for users or the environment, the manufacturer or any other economic operator in the supply chain has taken effective protective measures, including the recall of vehicles, within the meaning of Article 20 of Regulation (EC) No 765/2008. Approval authorities should therefore be able to assess whether those measures are sufficient.

(16) In certain limited cases, it is appropriate to allow for national small series type-approval. In order to prevent misuse, any simplified procedure for small-series vehicles should be restricted to cases of very limited production. It is therefore necessary to define precisely the concept of small series in terms of the number of vehicles produced.

(17) The Union is a contracting party of the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (6). In order to simplify the type-approval legislation in line with the recommendations of the report published by the Commission in 2006 entitled ‘CARS 21: A Competitive Automotive Regulatory System for the 21st century’, it is appropriate to repeal all separate Directives without reducing the level of protection. The requirements set out in those Directives should be carried over to this Regulation or to the delegated acts adopted pursuant to this Regulation and should be replaced, where appropriate, with references to the corresponding United Nations Economic Commission for Europe (UNECE) regulations which the Union has voted in favour of or to which the Union has acceded and which are annexed to the Revised 1958 Agreement. To reduce the administrative burden of the type-approval process, vehicle manufacturers should be allowed to seek type-approval in accordance with this Regulation, where appropriate, directly by means of obtaining approval under the relevant UNECE regulations referred to in the Annexes to this Regulation or in the delegated acts adopted pursuant to this Regulation.

(18) Consequently, UNECE regulations and the amendments thereto on which the Union has voted in favour, in application of Decision 97/836/EC, should be incorporated within the EU type-approval legislation. Accordingly, the power should be delegated to the Commission to adopt the necessary adaptations to the Annexes to this Regulation or to the delegated acts adopted pursuant to this Regulation.

(19) Unrestricted access to vehicle repair information, via a standardised format which can be used to retrieve the technical information, and effective competition on the market for vehicle repair and maintenance information services are necessary to improve the functioning of the internal market, particularly as regards the free movement of goods, the freedom of establishment and the freedom to provide services. A great proportion of such information is related to on-board diagnostic systems and their interaction with other vehicle systems. It is appropriate to lay down technical specifications that the websites of the manufacturers should follow, along with targeted measures to ensure reasonable access for small and medium-sized enterprises.

(20) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (7).

(21) In order to supplement this Regulation with further technical details, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of requirements on environmental and propulsion performance, on functional safety and on vehicle construction. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(22) Member States should lay down rules on penalties applicable to infringements of this Regulation and the delegated or implementing acts adopted pursuant to this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

(23) In order to be able to assess and decide whether to extend mandatory fitting of certain advanced brake systems to additional categories of motorcycles, the Commission should report to the European Parliament and to the Council on the basis, inter alia, of road accident data provided by Member States.

(24) While nothing in this Regulation prevents Member States from continuing to apply their respective individual approval systems, the Commission should report to the European Parliament and the Council on the operation of these national systems, based on information provided by Member States, in order to reconsider the question of whether to submit a legislative proposal for the harmonisation of the individual approval system at Union level.

(25) In the context of the revision of 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 (8), the delineation between this Regulation and Directive 2007/46/EC should be considered in the light of the experience gained by Member States in the application of this Regulation, in particular in order to ensure fair competition between vehicle categories.

(26) In the interest of clarity, predictability, rationality and simplification and in order to reduce the burden for vehicle manufacturers, this Regulation should contain only a limited number of implementation stages for the introduction of new emission levels and safety requirements. Industry should be allowed sufficient time to adapt to the new provisions laid down in this Regulation and to the technical specifications and administrative provisions set out in the delegated and implementing acts adopted pursuant to this Regulation. Timely definition of requirements is essential to ensuring sufficient lead-time for manufacturers to develop, test and implement technical solutions for vehicles produced in series, and for manufacturers and approval authorities in the Member States to put in place the necessary administrative systems.

(27) Directive 2002/24/EC and the separate Directives referred to in that Directive have been substantially amended several times. In the interests of clarity, rationality and simplification, Directive 2002/24/EC and the separate Directives referred to in that Directive should be repealed and replaced by one Regulation and a small number of delegated and implementing acts. The adoption of a Regulation ensures that the provisions concerned are directly applicable and can be updated much faster and more efficiently to take better account of technical progress.

(28) The following Directives should be repealed: — Directive 2002/24/EC, — Council Directive 93/14/EEC of 5 April 1993 on the braking of two or three-wheel motor vehicles (9), — Council Directive 93/30/EEC of 14 June 1993 on audible warning devices for two- or three-wheel motor vehicles (10), — Council Directive 93/33/EEC of 14 June 1993 on protective devices intended to prevent the unauthorized use of two- or three-wheel motor vehicles (11), — Council Directive 93/93/EEC of 29 October 1993 on the masses and dimensions of two or three-wheel motor vehicles (12), — Directive 95/1/EC, — Directive 97/24/EC of the European Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel motor vehicles (13), — Directive 2000/7/EC of the European Parliament and of the Council of 20 March 2000 on speedometers for two- or three-wheel motor vehicles (14), — Directive 2002/51/EC of the European Parliament and of the Council of 19 July 2002 on the reduction of the level of pollutant emissions from two- and three-wheel motor vehicles (15), — Directive 2009/62/EC of the European Parliament and of the Council of 13 July 2009 relating to the space for mounting the rear registration plate of two or three-wheel motor vehicles (16), — Directive 2009/67/EC of the European Parliament and of the Council of 13 July 2009 on the installation of lighting and light-signalling devices on two or three-wheel motor vehicles (17), — Directive 2009/78/EC of the European Parliament and of the Council of 13 July 2009 on stands for two-wheel motor vehicles (18), — Directive 2009/79/EC of the European Parliament and of the Council of 13 July 2009 on passenger hand-holds on two-wheel motor vehicles (19), — Directive 2009/80/EC of the European Parliament and of the Council of 13 July 2009 on the identification of controls, tell-tales and indicators for two or three-wheel motor vehicles (20), — Directive 2009/139/EC of the European Parliament and of the Council of 25 November 2009 on statutory markings for two- or three-wheel motor vehicles (21).

(29) Since the objectives of this Regulation, namely to lay down harmonised rules on the administrative and technical requirements for the type-approval of L-category vehicles and on market surveillance of such vehicles, cannot be sufficiently achieved by the Member States, and can therefore, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter

1. This Regulation establishes the administrative and technical requirements for the type-approval of all new vehicles, systems, components and separate technical units referred to in Article 2(1).

This Regulation does not apply to the approval of individual vehicles. However, Member States granting such individual approvals shall accept any type-approval of vehicles, systems, components and separate technical units granted under this Regulation instead of under the relevant national provisions.

2. This Regulation establishes the requirements for the market surveillance of vehicles, systems, components and separate technical units which are subject to approval in accordance with this Regulation. This Regulation also establishes the requirements for the market surveillance of parts and equipment for such vehicles.

3. This Regulation is without prejudice to the application of legislation on road safety.

Article 2

Scope

1. This Regulation shall apply to all two- or three-wheel vehicles and quadricycles as categorised in Article 4 and Annex I (‘L-category vehicles’), that are intended to travel on public roads, including those designed and constructed in one or more stages, and to systems, components and separate technical units, as well as parts and equipment, designed and constructed for such vehicles.

This Regulation also applies to enduro motorcycles (L3e-AxE (x = 1, 2 or 3)), trial motorcycles (L3e-AxT (x = 1, 2 or 3)) and heavy all terrain quads (L7e-B) as categorised in Article 4 and Annex I.

2. This Regulation does not apply to the following vehicles:

(a) vehicles with a maximum design speed not exceeding 6 km/h;

(b) vehicles exclusively intended for use by the physically handicapped;

(c) vehicles exclusively intended for pedestrian control;

(d) vehicles exclusively intended for use in competition;

(e) vehicles designed and constructed for use by the armed services, civil defence, fire services, forces responsible for maintaining public order and emergency medical services;

(f) agricultural or forestry vehicles subject to Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (22), machines subject to Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (23) and Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery (24) and motor vehicles subject to Directive 2007/46/EC;

(g) vehicles primarily intended for off-road use and designed to travel on unpaved surfaces;

(h) pedal cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of less than or equal to 250 W, where the output of the motor is cut off when the cyclist stops pedalling and is otherwise progressively reduced and finally cut off before the vehicle speed reaches 25 km/h;

(i) self-balancing vehicles;

(j) vehicles not equipped with at least one seating position;

(k) vehicles equipped with any seating position of the driver or rider having an R-point height ≤ 540 mm in case of categories L1e, L3e and L4e or ≤ 400 mm in case of categories L2e, L5e, L6e and L7e.

Article 3

Definitions

For the purposes of this Regulation and the acts listed in Annex II, except as otherwise provided therein, the following definitions shall apply:

(1) ‘type-approval’ means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements;

(2) ‘type-approval certificate’ means the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is approved;

(3) ‘whole-vehicle type-approval’ means a type-approval whereby an approval authority certifies that an incomplete, complete or completed vehicle type satisfies the relevant administrative provisions and technical requirements;

(4) ‘EU type-approval’ means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of this Regulation;

(5) ‘EU type-approval certificate’ means the certificate based on the template set out in the implementing act adopted pursuant to this Regulation or the communication form set out in the relevant UNECE regulations referred to in this Regulation or the delegated acts adopted pursuant to this Regulation;

(6) ‘system type-approval’ means a type-approval whereby an approval authority certifies that a system built into a vehicle of a specific type satisfies the relevant administrative provisions and technical requirements;

(7) ‘separate technical unit type-approval’ means a type-approval whereby an approval authority certifies that a separate technical unit satisfies the relevant administrative provisions and technical requirements in relation to one or more specified types of vehicles;

(8) ‘component type-approval’ means a type-approval whereby an approval authority certifies that a component independently of a vehicle satisfies the relevant administrative provisions and technical requirements;

(9) ‘national type-approval’ means a type-approval procedure laid down by the national law of a Member State, the validity of such approval being restricted to the territory of that Member State;

(10) ‘certificate of conformity’ means the document issued by the manufacturer, which certifies that a produced vehicle conforms to the approved vehicle type;

(11) ‘base vehicle’ means any vehicle which is used at the initial stage of a multi-stage type-approval process;

(12) ‘incomplete vehicle’ means any vehicle which must undergo at least one further stage of completion in order to meet the relevant technical requirements of this Regulation;

(13) ‘completed vehicle’ means a vehicle resulting from the process of multi-stage type-approval which meets the relevant technical requirements of this Regulation;

(14) ‘complete vehicle’ means any vehicle which need not be completed in order to meet the relevant technical requirements of this Regulation;

(15) ‘system’ means an assembly of devices combined to perform one or more specific functions in a vehicle and which is subject to the requirements of this Regulation or any of the delegated or implementing acts adopted pursuant to this Regulation;

(16) ‘component’ means a device subject to the requirements of this Regulation or any of the delegated or implementing acts adopted pursuant to this Regulation, which is intended to be part of a vehicle and which may be type-approved independently of a vehicle in accordance with this Regulation and the delegated or implementing acts adopted pursuant to this Regulation where those acts make express provision for so doing;

(17) ‘separate technical unit’ means a device subject to the requirements of this Regulation or any of the delegated or implementing acts adopted pursuant to this Regulation and intended to be part of a vehicle, which may be type-approved separately, but only in relation to one or more specified types of vehicle, where those acts make express provision for so doing;

(18) ‘parts’ means goods used for the assembly of a vehicle as well as spare parts;

(19) ‘equipment’ means any goods other than parts which can be added to or installed on a vehicle;

(20) ‘original parts or equipment’ means parts or equipment which are manufactured according to the specifications and production standards provided by the vehicle manufacturer for the production of parts or equipment for the assembly of the vehicle in question; this includes parts or equipment which are manufactured on the same production line as these parts or equipment; it is presumed, unless the contrary is proven, that parts or equipment constitute original parts or equipment if the manufacturer certifies that the parts or equipment match the quality of the components used for the assembly of the vehicle in question and have been manufactured in accordance with the specifications and production standards of the vehicle manufacturer;

(21) ‘spare parts’ means goods which are to be installed in or on a vehicle so as to replace original parts of that vehicle, including goods such as lubricants which are necessary for the use of a vehicle, with the exception of fuel;

(22) ‘functional safety’ means the absence of unacceptable risk of physical injury or of damage to the health of persons or to property owing to hazards caused by mal-functional behaviour of mechanical, hydraulic, pneumatic, electrical or electronic systems, components or separate technical units;

(23) ‘advanced brake system’ means an anti-lock brake system, a combined brake system or both;

(24) ‘anti-lock brake system’ means a system that senses wheel slip and automatically modulates the pressure producing the braking forces at the wheel(s) to limit the degree of wheel slip;

(25) ‘combined brake system’ means: (a) for vehicle categories L1e and L3e: a service brake system where at least two brakes on different wheels are operated by actuation of a single control; (b) for vehicle category L4e: a service brake system where the brakes on at least the front and rear wheels are operated by actuation of a single control (if the rear wheel and sidecar wheel are braked by the same brake system, this is regarded as the rear brake); (c) for vehicle categories L2e, L5e, L6e and L7e: a service brake system where the brakes on all wheels are operated by actuation of a single control;

(26) ‘automatic switching-on of lighting’ means a lighting system turned on when the ignition switch or the engine on-off switch is in the on-position;

(27) ‘pollution control device’ means those components of a vehicle that control or reduce tailpipe and/or evaporative emissions;

(28) ‘replacement pollution control device’ means a pollution control device or an assembly of such devices that is intended to replace an original pollution control device and that can be approved as a separate technical unit;

(29) ‘seating position’ means: (a) a saddle accommodating either the driver or a passenger, which is used by sitting in an astride position; or (b) any seat which can accommodate at the minimum a person with the size of a anthropomorphic manikin of a 50th percentile adult male, in the case of the driver;

(30) ‘compression ignition engine’ or ‘CI engine’ means a combustion engine working according to the principles of the ‘Diesel’ cycle;

(31) ‘positive ignition engine’ or ‘PI engine’ means a combustion engine working according to the principles of the ‘Otto’ cycle;

(32) ‘hybrid vehicle’ means a powered vehicle equipped with at least two different energy converters and two different energy storage systems (on-vehicle) for the purpose of vehicle propulsion;

(33) ‘hybrid electric vehicle’ means a vehicle that, for the purpose of mechanical propulsion, draws energy from both of the following on-vehicle sources of stored energy/power: (a) a consumable fuel; (b) a battery, capacitor, flywheel/generator or other electrical energy or power storage device. This definition also includes vehicles which draw energy from a consumable fuel only for the purpose of re-charging the electrical energy/power storage device;

(34) ‘propulsion’ means a combustion engine, an electric engine, any hybrid application or a combination of those engine types or any other engine type;

(35) ‘maximum continuous rated power’ means the maximum thirty minutes power at the output shaft of an electric engine as set out in UNECE regulation No 85;

(36) ‘maximum net power’ means the maximum power of a combustion engine available on the test bench at the end of the crankshaft or equivalent component;

(37) ‘defeat device’ means any element of design which senses temperature, vehicle speed, engine speed and/or load, transmission gear, manifold vacuum or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control and exhaust after-treatment system and which reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use;

(38) ‘durability’ means the ability of components and systems to last so that the environmental performance as laid down in Article 23 and Annex V can still be met after a mileage as defined in Annex VII and so that vehicle functional safety is ensured, if the vehicle is used under normal or intended circumstances and serviced in accordance with the manufacturer’s recommendations;

(39) ‘engine capacity’ means: (a) for reciprocating piston engines, the nominal engine swept volume; (b) for rotary-piston (Wankel) engines, double the nominal engine swept volume;

(40) ‘evaporative emissions’ means the hydrocarbon vapours lost from the fuel storage and supply system of a motor vehicle and not those from tailpipe emissions;

(41) ‘SHED test’ means a vehicle test in a sealed house for evaporation determination, in which a special evaporative emission test is conducted;

(42) ‘gaseous fuel system’ means a system composed of gaseous fuel storage, fuel supply, metering and control components fitted to an engine in order to allow the engine to run on LPG, CNG or hydrogen as a mono-fuel, bi-fuel or multi-fuel application;

(43) ‘gaseous pollutant’ means the exhaust gas emissions of carbon monoxide (CO), oxides of nitrogen (NOx) expressed in nitrogen dioxide (NO2) equivalent, and hydrocarbons (HC);

(44) ‘tailpipe emissions’ means the emission of gaseous pollutants and particulate matter at the tailpipe of the vehicle;

(45) ‘particulate matter’ means components of the exhaust gas which are removed from the diluted exhaust gas at a maximum temperature of 325 K (52 °C) by means of the filters described in the test procedure for verifying average tailpipe emissions;

(46) ‘Worldwide harmonised Motorcycle Testing Cycle’ or ‘WMTC’ means the world harmonised emission laboratory test cycle WMTC as defined by UNECE global technical regulation No 2;

(47) ‘manufacturer’ means any natural or legal person who is responsible to the approval authority for all aspects of the type-approval or authorisation process, for ensuring conformity of production and who is also responsible for market surveillance concerns for the vehicles, systems, components and separate technical units produced, whether or not the natural or legal person is directly involved in all stages of the design and construction of the vehicle, system, component or separate technical unit which is the subject of the approval process;

(48) ‘manufacturer’s representative’ means any natural or legal person established in the Union who is duly appointed by the manufacturer to represent the manufacturer before the approval authority or the market surveillance authority and to act on the manufacturer’s behalf in matters covered by this Regulation;

(49) ‘importer’ means any natural or legal person established in the Union who places on the market a vehicle, system, component, separate technical unit, part or equipment from a third country;

(50) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes available a vehicle, system, component, separate technical unit, part or equipment on the market;

(51) ‘economic operator’ means the manufacturer, the manufacturer’s representative, the importer or the distributor;

(52) ‘registration’ means the administrative authorisation for the entry into service in road traffic of a vehicle, involving the identification of the latter and the issuing to it of a serial number, to be known as the registration number, be it permanently, temporarily or for a short period of time;

(53) ‘entry into service’ means the first use, for its intended purpose, in the Union, of a vehicle, system, component, separate technical unit, part or equipment;

(54) ‘placing on the market’ means making available a vehicle, system, component, separate technical unit, part or equipment for the first time in the Union;

(55) ‘making available on the market’ means any supply of a vehicle, system, component, separate technical unit, part or equipment for distribution or use on the market in the course of a commercial activity, whether in return for payment or free of charge;

(56) ‘approval authority’ means the authority of a Member State established or appointed by the Member State and notified to the Commission by the Member State, with competence for all aspects of the approval of a type of vehicle, system, component or separate technical unit, for the authorisation process, for issuing and, if appropriate, withdrawing or refusing approval certificates, for acting as the contact point for the approval authorities of other Member States, for designating the technical services and for ensuring that the manufacturer meets his obligations regarding the conformity of production;

(57) ‘market surveillance authority’ means an authority of a Member State responsible for carrying out market surveillance on its territory;

(58) ‘market surveillance’ means the activities carried out and measures taken by national authorities to ensure that vehicles, systems, components or separate technical units made available on the market comply with the requirements set out in the relevant Union harmonisation legislation and do not endanger health, safety or any other aspect of public interest protection;

(59) ‘national authority’ means an approval authority or any other authority involved in and responsible for market surveillance, border control or registration in a Member State in respect of vehicles, systems, components or separate technical units, parts or equipment;

(60) ‘technical service’ means an organisation or body designated by the approval authority of a Member State as a testing laboratory to carry out tests, or as a conformity assessment body to carry out the initial assessment and other tests or inspections, on behalf of the approval authority, it being possible for the approval authority itself to carry out those functions;

(61) ‘self-testing’ means the performance of tests in its own facilities, the registration of the test results and the submission of a report, including conclusions, to the approval authority by a manufacturer that has been designated as a technical service in order to assess compliance with certain requirements;

(62) ‘virtual testing method’ means computer simulations, including calculations, to demonstrate whether a vehicle, a system, a component or a separate technical unit fulfils the technical requirements of a delegated act adopted pursuant to Article 32(6) without requiring the use of a physical vehicle, system, component or separate technical unit;

(63) ‘on-board diagnostic system’ or ‘OBD system’ means a system which has the capability to identify the likely area of malfunction by means of fault codes stored in a computer memory;

(64) ‘vehicle repair and maintenance information’ means all information required for diagnosis, servicing, inspection, periodic monitoring, repair, re-programming or re-initialising of a vehicle and which manufacturers provide to their authorised dealers and repairers, including all subsequent amendments and supplements to such information; that information includes all information required for the fitting of parts and equipment on vehicles;

(65) ‘independent operator’ means undertakings other than authorised dealers and repairers which are directly or indirectly involved in the repair and maintenance of vehicles, in particular repairers, manufacturers or distributors of repair equipment, tools or spare parts, publishers of technical information, automobile clubs, roadside assistance operators, operators offering inspection and testing services, operators offering training for installers, manufacturers and repairers of equipment for alternative fuel vehicles;

(66) ‘authorised repairer’ means a provider of repair and maintenance services for vehicles operating within the distribution system set up by a supplier of vehicles;

(67) ‘end-of-series vehicle’ means any vehicle that is part of a stock which cannot be made available on the market or can no longer be made available on the market, registered or enter into service owing to the entry into force of new technical requirements against which it has not been approved;

(68) ‘powered two-wheeler’ or ‘PTW’ means a powered two-wheel vehicle, including powered two-wheel cycles, two-wheel mopeds and two-wheel motorcycles;

(69) ‘powered tricycle’ means a powered three-wheel vehicle meeting the classification criteria for L5e category vehicles;

(70) ‘quadricycle’ means a four-wheel vehicle meeting the classification criteria for L6e or L7e category vehicles;

(71) ‘self-balancing vehicle’ means a vehicle concept that is based on an inherent unstable equilibrium and that needs an auxiliary control system to maintain its balance, and which includes powered one-wheel vehicles or powered two-wheel, two-track vehicles;

(72) ‘twinned wheels’ means two wheels mounted on the same axle which are considered to be one wheel, whereby the distance between the centres of their areas of contact with the ground is equal to or less than 460 mm;

(73) ‘vehicle type’ means a group of vehicles, including variants and versions of a particular category that do not differ in at least the following essential respects: (a) category and subcategory; (b) manufacturer; (c) chassis, frame, sub-frame, floor pan or structure to which major components are attached; (d) type designation given by the manufacturer;

(74) ‘variant’ means a vehicle of the same type where: (a) the basic characteristics of the bodywork shape are the same; (b) the propulsion and propulsion configuration are the same; (c) if a combustion engine is part of the propulsion, the engine operating cycle is the same; (d) the number and arrangement of cylinders are the same; (e) the type of gearbox is the same; (f) the difference in mass in running order between the lowest value and the highest value does not exceed 20 % of the lowest value; (g) the difference in the maximum permissible mass between the lowest value and the highest value does not exceed 20 % of the lowest value; (h) the difference in the cylinder capacity of the power unit (in the case of a combustion unit) between the lowest value and the highest value does not exceed 30 % of the lowest value; and (i) the difference in the power output of the power unit between the lowest value and the highest value does not exceed 30 % of the lowest value;

(75) ‘version of a variant’ means a vehicle which consists of a combination of items shown in the information package referred to in Article 29(10);

(76) ‘external combustion engine’ means a heat engine in which combustion and expansion chambers are physically separated and where an internal working fluid is heated by combustion in an external source; heat from the external combustion expands the internal working fluid which then, by expanding and acting on the mechanism of the engine, produces motion and usable work;

(77) ‘powertrain’ means the components and systems of a vehicle that generate power and deliver it to the road surface, including the engine(s), the engine management systems or any other control module, the pollution environmental protection control devices including pollutant emissions and noise abatement systems, the transmission and its control, either a drive shaft or belt drive or chain drive, the differentials, the final drive, and the driven wheel tyre (radius);

(78) ‘mono fuel vehicle’ means a vehicle that is designed to run primarily on one type of fuel;

(79) ‘mono fuel gas vehicle’ means a mono fuel vehicle that primarily runs on LPG, NG/biomethane, or hydrogen but may also have a petrol system for emergency purposes or starting only, where the petrol tank does not contain more than 5 litres of petrol;

(80) ‘E5’ means a fuel blend of 5 % anhydrous ethanol and 95 % petrol;

(81) ‘LPG’ means liquefied petroleum gas which is composed of propane and butane liquefied by storage under pressure;

(82) ‘NG’ means natural gas containing a very high methane content;

(83) ‘biomethane’ means a renewable natural gas made from organic sources that starts out as ‘biogas’ but then is cleaned up in a process called ‘biogas to biomethane’ which removes the impurities in biogas such as carbon dioxide, siloxanes and hydrogen sulphides (H2S);

(84) ‘bi-fuel vehicle’ means a vehicle with two separate fuel storage systems that can run part-time on two different fuels and is designed to run on only one fuel at a time;

(85) ‘bi-fuel gas vehicle’ means a bi-fuel vehicle that can run on petrol and also on either LPG, NG/biomethane or hydrogen;

(86) ‘flex fuel vehicle’ means a vehicle with one fuel storage system that can run on different blends of two or more fuels;

(87) ‘E85’ means a fuel blend of 85 % anhydrous ethanol and 15 % petrol;

(88) ‘flex fuel ethanol vehicle’ means a flex fuel vehicle that can run on petrol or a mixture of petrol and ethanol up to an 85 % ethanol blend;

(89) ‘H2NG’ means a fuel blend of hydrogen and natural gas;

(90) ‘flex fuel H2NG vehicle’ means a flex fuel vehicle that can run on different blends of hydrogen and NG/biomethane;

(91) ‘flex fuel biodiesel vehicle’ means a flex fuel vehicle that can run on mineral diesel or a blend of mineral diesel and biodiesel;

(92) ‘B5’ means a fuel blend of up to 5 % biodiesel and 95 % petroleum diesel;

(93) ‘biodiesel’ means a vegetable oil- or animal fat-based diesel fuel consisting of long-chain alkyl esters produced in a sustainable way;

(94) ‘pure electric vehicle’ means a vehicle powered by: (a) a system consisting of one or more electric energy storage devices, one or more electric power conditioning devices and one or more electric machines that convert stored electric energy to mechanical energy delivered at the wheels for propulsion of the vehicle; (b) an auxiliary electric propulsion fitted to a vehicle designed to pedal;

(95) ‘hydrogen fuel cell vehicle’ means a vehicle powered by a fuel cell that converts chemical energy from hydrogen into electric energy, for propulsion of the vehicle;

(96) ‘R-point’ or ‘seating reference point’ means a design point defined by the vehicle manufacturer for each seating position and established with respect to the three-dimensional reference system.

References in this Regulation to requirements, procedures or arrangements laid down in this Regulation shall be read as references to such requirements, procedures or arrangements laid down in this Regulation and in the delegated and implementing acts adopted pursuant to this Regulation.

Article 4

Vehicle categories

1. L-category vehicles comprise powered two-, three- and four-wheel vehicles as categorised in this Article and Annex I, including powered cycles, two- and three-wheel mopeds, two- and three-wheel motorcycles, motorcycles with side-cars, light and heavy on-road quads, and light and heavy quadri-mobiles.

2. For the purposes of this Regulation, the following vehicle categories and subcategories shall apply, as described in Annex I:

(a) category L1e vehicle (light two-wheel powered vehicle), sub-categorised into: (i) L1e-A vehicle (powered cycle); (ii) L1e-B vehicle (two-wheel moped);

(b) category L2e vehicle (three-wheel moped) sub-categorised into: (i) L2e-P vehicle (three-wheel moped designed for passenger transport); (ii) L2e-U vehicle (three wheel moped designed for utility purposes);

(c) category L3e vehicle (two-wheel motorcycle), sub-categorised by: (i) motorcycle performance (25), further sub-categorised into: — L3e-A1 vehicle (low-performance motorcycle), — L3e-A2 vehicle (medium-performance motorcycle), — L3e-A3 vehicle (high-performance motorcycle); (ii) special use: — L3e-A1E, L3e-A2E or L3e-A3E enduro motorcycle, — L3e-A1T, L3e-A2T or L3e-A3T trial motorcycle;

(d) category L4e vehicle (two-wheel motorcycle with side-car);

(e) category L5e vehicle (powered tricycle), sub-categorised into: (i) L5e-A vehicle (tricycle): vehicle mainly designed for passenger transport; (ii) L5e-B vehicle (commercial tricycle): utility tricycle exclusively designed for the carriage of goods;

(f) category L6e vehicle (light quadricycle), sub-categorised into: (i) L6e-A vehicle (light on-road quad); (ii) L6e-B vehicle (light quadri-mobile), further sub-categorised into: — L6e-BU vehicle (light quadri-mobile for utility purposes): utility vehicle exclusively designed for the carriage of goods, — L6e-BP vehicle (light quadri-mobile for passenger transport): vehicle mainly designed for passenger transport;

(g) category L7e vehicle (heavy quadricycles), sub-categorised into: (i) L7e-A vehicle (heavy on-road quad) sub-categorised into: — L7e-A1: A1 on-road quad, — L7e-A2: A2 on-road quad; (ii) L7e-B vehicle (heavy all terrain quad), subcategorised into: — L7e-B1: all terrain quad, — L7e-B2: side-by-side buggy; (iii) L7e-C vehicle (heavy quadri-mobile), sub-categorised into: — L7e-CU vehicle (heavy quadri-mobile for utility purposes): utility vehicle exclusively designed for the carriage of goods, — L7e-CP vehicle (heavy quadri-mobile for passenger transport): vehicle mainly designed for passenger transport.

3. The L-category vehicles listed in paragraph 2 are further classified according to the propulsion of the vehicle:

(a) propelled with an internal combustion engine: — compression ignition (CI), — positive ignition (PI);

(b) propelled with an external combustion engine, a turbine or a rotary piston engine, whereby, for the purpose of complying with environmental and functional safety requirements, a vehicle equipped with such a propulsion is considered the same as a vehicle propelled with a PI internal combustion engine;

(c) propelled by an engine that runs on pre-compressed air and does not emit higher levels of pollutants and/or inert gases than the levels present in ambient air, whereby, with regard to functional safety requirements and fuel storage and supply, such a vehicle is considered to be a vehicle operated on gaseous fuel;

(d) propelled with an electric engine;

(e) a hybrid vehicle that combines any propulsion configuration referred to in points (a), (b), (c) or (d) of this paragraph or any multiple combination of these propulsion configurations including multiple combustion and/or electric engines.

4. As regards the classification of L-category vehicles in paragraph 2, a vehicle that does not come under a certain category because it exceeds at least one of the criteria stipulated for that category falls into the next category whose criteria it meets. This applies to the following groups of categories and subcategories:

(a) category L1e with its subcategories L1e-A and L1e-B and category L3e with its subcategories L3e-A1, L3e-A2 and L3e-A3;

(b) category L2e and category L5e with its subcategories L5e-A and L5e-B;

(c) category L6e with its subcategories L6e-A and L6e-B and category L7e with its subcategories L7e-A, L7e-B and L7e-C;

(d) any other logical sequence of categories and/or subcategories proposed by the manufacturer and approved by the approval authority.

5. Notwithstanding the (sub-)classification criteria set out in paragraphs 1 to 4 of this Article and in Annex I, additional subcategories shall apply as set out in Annex V, in order to harmonise environmental test procedures at the international level by referring to UNECE regulations and UNECE global technical regulations.

Article 5

Mass in running order determination

1. The mass in running order of an L-category vehicle shall be determined by measuring the mass of the unladen vehicle ready for normal use and shall include the mass of:

(a) liquids;

(b) standard equipment in accordance with the manufacturer’s specifications;

(c) ‘fuel’ in the fuel tanks that shall be filled to at least 90 % of their capacities. For the purposes of this point: (i) if a vehicle is propelled with a ‘liquid fuel’ this shall be considered as ‘fuel’; (ii) if a vehicle is propelled with a liquid ‘fuel/oil mixture’: — if fuel to propel the vehicle and lubrication oil are pre-mixed then this ‘pre-mixture’ shall be considered as ‘fuel’, — if fuel to propel the vehicle and lubrication oil are stored separately then only ‘fuel’ propelling the vehicle shall be considered as ‘fuel’; or (iii) if a vehicle is propelled by a gaseous fuel, a liquefied gaseous fuel or is running on compressed air, the mass of ‘fuel’ in the gaseous fuel tanks may be set to 0 kg;

(d) the bodywork, the cabin, the doors; and

(e) the glazing, the coupling, the spare wheels as well as the tools.

2. The mass in running order of an L-category vehicle shall exclude the mass of:

(a) the driver (75 kg) and passenger (65 kg);

(b) the machines or equipment installed on the load platform area;

(c) in the case of a hybrid or pure electric vehicle, the propulsion batteries;

(d) in the case of mono-fuel, bi-fuel or multi-fuel vehicles, a gaseous fuel system as well as storage tanks for gaseous fuel; and

(e) in the case of pre-compressed air propulsion, storage tanks to store compressed air.

CHAPTER II

GENERAL OBLIGATIONS

Article 6

Obligations of Member States

1. Member States shall establish or appoint the approval authorities competent in matters concerning approval and the market surveillance authorities competent in matters concerning market surveillance in accordance with this Regulation. Member States shall notify the Commission of the establishment and appointment of such authorities.

The notification of the approval and market surveillance authorities shall include their name, address, including electronic address, and area of responsibility. The Commission shall publish on its website a list and details of the approval authorities.

2. Member States shall permit the placing on the market, registration or entry into service of only such vehicles, components and separate technical units that satisfy the requirements of this Regulation.

3. Member States shall not prohibit, restrict or impede the placing on the market, registration or entry into service of vehicles, systems, components or separate technical units on grounds related to aspects of their construction and functioning covered by this Regulation, if they satisfy its requirements.

4. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market in accordance with Chapter III of Regulation (EC) No 765/2008.

Article 7

Obligations of approval authorities

1. Approval authorities shall ensure that manufacturers applying for type-approval comply with their obligations under this Regulation.

2. Approval authorities shall approve only such vehicles, systems, components or separate technical units that satisfy the requirements of this Regulation.

Article 8

Market surveillance measures

1. For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall perform, on an adequate scale, appropriate documentary checks, taking into account established principles of risk assessment, complaints and other information.

Market surveillance authorities may require economic operators to make such documentation and information available as is deemed necessary for the purpose of carrying out their activities.

Where economic operators present certificates of conformity, market surveillance authorities shall take due account of such certificates.

2. For parts and equipment other than those covered in paragraph 1 of this Article, Article 19(1) of Regulation (EC) No 765/2008 shall apply in its entirety.

Article 9

Obligations of manufacturers

1. Manufacturers shall ensure that when their vehicles, systems, components or separate technical units are placed on the market or are entering into service, they are manufactured and approved in accordance with the requirements set out in this Regulation and the delegated and implementing acts adopted pursuant to this Regulation.

2. In the case of multi-stage type-approval, each manufacturer shall be responsible for the approval and conformity of production of the systems, components or separate technical units added at the stage of vehicle completion handled by the manufacturer. Any manufacturer who modifies components or systems already approved at earlier stages shall be responsible for the approval and conformity of production of the modified components and systems.

3. Manufacturers who modify the incomplete vehicle in such a manner that it qualifies as a different category of vehicle, with the consequence that the legal requirements already assessed in a previous stage of approval have changed, shall also be responsible for compliance with the requirements applicable to the category of vehicles for which the modified vehicle qualifies.

4. For the purposes of approval of vehicles, systems, components or separate technical units covered by this Regulation, manufacturers established outside the Union shall appoint a single representative established within the Union to represent them before the approval authority.

5. Manufacturers established outside the Union shall furthermore appoint a single representative established within the Union for the purposes of market surveillance, which may be the representative referred to in paragraph 4 or an additional representative.

6. Manufacturers shall be responsible to the approval authority for all aspects of the approval process and for ensuring conformity of production, whether or not they are directly involved in all stages of the construction of a vehicle, system, component or separate technical unit.

7. In accordance with this Regulation and the delegated and implementing acts adopted pursuant to this Regulation, manufacturers shall ensure that procedures are in place for series production to remain in conformity with the approved type. Changes in design of a vehicle, system, component or separate technical unit or characteristics and changes in the requirements to which a vehicle, system, component or separate technical unit is declared to conform shall be taken into account in accordance with Chapter VI.

8. In addition to the statutory marking and type-approval marks fixed to their vehicles, components or separate technical units in accordance with Article 39, manufacturers shall indicate their name, registered trade name or registered trade mark and the address in the Union at which they can be contacted on their vehicles, components or separate technical units made available on the market or, where that is not possible, on the packaging or in a document accompanying the component or separate technical unit.

9. Manufacturers shall ensure that, while a vehicle, system, component or separate technical unit is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in this Regulation.

Article 10

Obligations of manufacturers concerning their products that are not in conformity or that present a serious risk

1. Manufacturers who consider or have reason to believe that their vehicle, system, component or separate technical unit that has been placed on the market or entered into service is not in conformity with this Regulation or the delegated and implementing acts adopted pursuant to this Regulation shall immediately take the corrective measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it or to recall it, as appropriate.

The manufacturer shall immediately inform the approval authority which granted the approval, giving details, in particular, of the non-conformity and of any corrective measures taken.

2. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, manufacturers shall immediately inform the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment was made available on the market or had entered into service to that effect, giving details, in particular, of the non-conformity and any corrective measures taken.

3. Manufacturers shall keep the information package referred to in Article 29(10) and in addition the vehicle manufacturer shall keep a copy of the certificates of conformity referred to in Article 38 at the disposal of the approval authorities for a period of 10 years after the placing on the market of a vehicle and for a period of five years after the placing on the market for a system, component or separate technical unit.

4. Manufacturers shall, following a reasoned request from a national authority, provide that authority through the approval authority with a copy of the EU type-approval certificate or the authorisation referred to in Article 51(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language which can be easily understood by that authority. Manufacturers shall cooperate with the national authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by their vehicles, systems, components or separate technical units which have been placed on the market, registered or entered into service.

Article 11

Obligations of manufacturer’s representatives concerning market surveillance

The manufacturer’s representative for market surveillance shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall allow a representative to do at least the following:

(a) have access to the information folder referred to in Article 27 and the certificates of conformity referred to in Article 38 so that they can be placed at the disposal of the approval authorities for a period of 10 years after the placing on the market of a vehicle and for a period of five years after the placing on the market for a system, component or separate technical unit;

(b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit;

(c) cooperate with the approval or market surveillance authorities, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by their mandate.

Article 12

Obligations of importers

1. Importers shall place on the market only compliant vehicles, systems, components or separate technical units which have either received EU type-approval or which fulfil the requirements for national approval, or parts or equipment entirely subject to the requirements of Regulation (EC) No 765/2008.

2. Before placing on the market a type-approved vehicle, system, component or separate technical unit, importers shall ensure that there is an information package complying with Article 29(10), and that the system, component or separate technical unit bears the required type-approval mark and complies with Article 9(8). In the case of a vehicle, the importer shall verify that the vehicle is accompanied by the required certificate of conformity.

3. Where importers consider or have reason to believe that a vehicle, system, component or separate technical unit, part or equipment is not in conformity with the requirements of this Regulation, and in particular that it does not correspond to its type-approval, they shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit until it has been brought into conformity. Furthermore, where they consider or have reason to believe that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, they shall inform the manufacturer and the market surveillance authorities. For type-approved vehicles, systems, components and separate technical units they shall also inform the approval authority that has granted the approval to that effect.

4. Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the vehicle, system, component, separate technical unit, part or equipment, or, where this is not possible on its packaging or in a document accompanying the system, component, separate technical unit, part or equipment.

5. Importers shall ensure that the vehicle, system, component or separate technical unit is accompanied by instructions and information, as required in accordance with Article 55, in the official language or languages of the Member States concerned.

6. Importers shall ensure that, while a vehicle, system, component or separate technical unit is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in this Regulation.

7. When deemed appropriate with regard to the serious risks presented by a vehicle, system, component, separate technical unit, part or equipment, importers shall, to protect the health and safety of consumers, investigate and, if necessary, keep a register of complaints and recalls of vehicles, systems, components, separate technical units, parts or equipment and keep distributors informed of such monitoring.

Article 13

Obligations of importers concerning their products that are not in conformity or that present a serious risk

1. Importers who consider or have reason to believe that a vehicle, system, component or separate technical unit which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it or to recall it, as appropriate.

2. Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, importers shall immediately inform the manufacturer and the approval and market surveillance authorities of the Member States in which they have placed it on the market. The importer shall also inform them of any action taken and give details, in particular, of the serious risk and any corrective measures taken by the manufacturer.

3. Importers shall, for a period of 10 years after the placing on the market of the vehicle and for a period of five years as from the placing on the market for a system, component or separate technical unit, keep a copy of the certificate of conformity at the disposal of the approval and market surveillance authorities and ensure that the information package as referred to in Article 29(10) can be made available to those authorities, upon request.

4. Importers shall, following a reasoned request from a national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a vehicle, system, component or separate technical unit in a language which can be easily understood by that authority. Importers shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a vehicle, system, component, separate technical unit, part or equipment which they have placed on the market.

Article 14

Obligations of distributors

1. When making a vehicle, system, component, separate technical unit, part or equipment available on the market, distributors shall act with due care in relation to the requirements of this Regulation.

2. Before making available on the market, registration or entry into service of a vehicle, system, component or separate technical unit, distributors shall verify that the vehicle, system, component or separate technical unit bears the required statutory marking or type-approval mark, that it is accompanied by the required documents and by instructions and safety information in the official language or languages of the Member State in which the vehicle, system, component or separate technical unit is to be made available on the market, and that the importer and the manufacturer have complied with the requirements set out in Article 12(2) and (4) and Article 39(1) and (2).

3. Distributors shall ensure that, while a vehicle, system, component or separate technical unit is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in this Regulation.

Article 15

Obligations of distributors concerning their products that are not in conformity or that present a serious risk

1. Where distributors consider or have reason to believe that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, they shall not make available on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformity.

2. Distributors who consider or have reason to believe that a vehicle, system, component or separate technical unit which they have made available on the market or registered or for which they are responsible for the entry into service, is not in conformity with this Regulation, shall inform the manufacturer or the manufacturer’s representative to ensure that the corrective measures necessary to bring that vehicle, system, component or separate technical unit into conformity or to recall it, if appropriate, are taken in accordance with Article 10(1) or Article 13(1).

3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, distributors shall immediately inform the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which they made it available on the market. The distributor shall also inform them of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer.

4. Distributors shall, following a reasoned request from a national authority, ensure that the manufacturer provide the national authority with the information specified in Article 10(4) or that the importer provide the national authority with the information specified in Article 13(3). They shall cooperate with that authority, at its request, on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment which they have made available on the market.

Article 16

Cases in which obligations of manufacturers apply to importers and distributors

An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Articles 9 to 11, where the importer or distributor makes available on the market, registers or is responsible for the entry into service of a vehicle, system, component or separate technical unit under its name or trademark or modifies a vehicle, system, component or separate technical unit in such a way that compliance with the applicable requirements may be affected.

Article 17

Identification of economic operators

Economic operators shall, on request, identify the following to the approval authorities and market surveillance authorities, for a period of 10 years for a vehicle and for a period of five years for a system, component, separate technical unit, part or equipment:

(a) any economic operator who has supplied them with a vehicle, system, component, separate technical unit, part or equipment;

(b) any economic operator to whom they have supplied a vehicle, system, component, separate technical unit, part or equipment.

CHAPTER III

SUBSTANTIVE REQUIREMENTS

Article 18

General substantive requirements

1. L-category vehicles and systems, components and separate technical units intended for such vehicles shall comply with the requirements listed in Annexes II to VIII applicable to the relevant vehicle (sub-)categories.

2. L-category vehicles or their systems, components or separate technical units, whose electromagnetic compatibility is covered by the delegated acts referred to in paragraph 3 of this Article regarding vehicle construction and the implementing acts adopted pursuant to this Regulation, shall not be subject to Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004 on the approximation of the laws of the Member States relating to electromagnetic compatibility (26).

3. In order to complete the L-category vehicle type-approval requirements laid down in this Regulation, the Commission shall adopt delegated acts in accordance with Article 75 concerning the detailed technical requirements and test procedures as summarised in Annex II (A), (B) and (C), thereby ensuring a high level of safety and environmental protection as defined in the relevant provisions of this Regulation. The first such delegated acts shall be adopted by 31 December 2014.

Article 19

Prohibition of defeat devices

The use of defeat devices that reduce the effectiveness of safety, electromagnetic compatibility, the on-board diagnostics system, sound abatement or pollutant emission abatement systems shall be prohibited. An element of design shall not be considered a defeat device if any of the following conditions is met:

(a) the need for the device is justified in terms of protecting the engine against damage or accident and ensuring safe operation of the vehicle;

(b) the device does not function beyond the requirements of engine starting;

(c) the operating conditions are included to a substantial extent in the test procedures for verifying if the vehicle complies with this Regulation and with the delegated and implementing acts adopted pursuant to this Regulation.

Article 20

Measures for manufacturers regarding modifications to the powertrain of vehicles

1. Vehicle manufacturers shall equip L-category vehicles with the exception of subcategories L3e-A3 and L4e-A3, with designated features to prevent tampering of a vehicle’s powertrain, by means of a series of technical requirements and specifications with the aim:

(a) to prevent modifications that may prejudice safety, in particular by increasing vehicle performance through tampering with the powertrain in order to increase the maximum torque and/or power and/or maximum design vehicle speed which have been duly established during the type-approval procedure as followed by the manufacturer of the vehicle; and/or

(b) to prevent damage to the environment.

2. The Commission shall adopt delegated acts in accordance with Article 75 concerning the specific requirements regarding the measures referred to in paragraph 1 and in order to facilitate compliance with paragraph 4. The first such delegated acts shall be adopted by 31 December 2014.

3. After a modification of the powertrain, a vehicle shall comply with the technical requirements of the initial vehicle category and subcategory, or, if applicable, the new vehicle category and subcategory, which were in force when the original vehicle was placed on the market, registered or entered into service, including the latest amendments to the requirements.

Where the vehicle manufacturer designs the powertrain of a vehicle type in such a way as to allow for its modification so that a vehicle no longer conforms to the approved type, but would correspond to an additional variant or version, the vehicle manufacturer shall include the relevant information for each variant or version so created in the application and each variant or version shall be explicitly type-approved. If the modified vehicle falls into a new category or subcategory, application shall be made for a new type-approval.

4. Without prejudice to paragraph 1, in order to avoid modifications or adjustments with adverse effects on the functional safety or on the environmental performance of the vehicle, the manufacturer shall endeavour, through the use of best engineering practice, to prevent such modifications or adjustments from being technically possible, unless such modifications or adjustments are explicitly declared and contained in the information folder and thus covered by the type-approval.

Article 21

General requirements of on-board diagnostic systems

1. L-category vehicles shall be equipped with an OBD system which complies with the functional requirements and test procedures as laid down in the delegated acts adopted pursuant to paragraph 5 and as from the application dates as set out in Annex IV.

2. From the dates set out in point 1.8.1 of Annex IV, vehicle (sub-)categories L3e, L4e, L5e-A, L6e-A and L7e-A shall be equipped with an OBD stage I system which monitors for any electric circuit and electronics failure of the emission control system and reports those failures which result in the emission thresholds as laid down in Annex VI (B1) being exceeded.

3. From the dates set out in point 1.8.2 of Annex IV, vehicle (sub-)categories L3e to L7e shall be equipped with an OBD stage I system which monitors for any electric circuit and electronics failure of the emission control system and which is triggered when the emission thresholds as laid down in Annex VI (B2) are being exceeded. OBD stage I systems for these vehicle (sub-)categories shall also report the triggering of any operating mode which significantly reduces engine torque.

4. From the dates set out in point 1.8.3 of Annex IV and subject to Article 23(5), vehicle (sub-)categories L3e, L5e-A L6e-A and L7e-A shall in addition be equipped with an OBD stage II system which monitors and reports emission control system failures and degradation which results in the OBD emission thresholds as laid down in Annex VI (B2) being exceeded.

5. In order to harmonise the OBD system reporting of functional safety or emission control system faults and facilitate effective and efficient repair of a vehicle, the Commission shall be empowered to adopt delegated acts in accordance with Article 75 concerning the detailed technical requirements related to on-board diagnostics, including functional OBD requirements and test procedures for the subjects listed in paragraphs 1 to 4 and as referred to in Annex II (C) 11 and test type VIII referred to in Annex V.

Article 22

Requirements for the functional safety of vehicles

1. Manufacturers shall ensure that vehicles are designed, constructed and assembled so as to minimise the risk of injury to the vehicle occupants and to other road users.

2. The manufacturer shall ensure that the functional safety of the vehicle shall endure throughout the normal life of the vehicle if used under normal conditions and serviced in accordance with the manufacturer’s recommendations. The manufacturer shall provide a statement in the information folder confirming that the endurance of the systems, parts and equipment critical for functional safety is ensured through appropriate testing and use of good engineering practice.

3. Manufacturers shall ensure that vehicles, systems, components and separate technical units comply with the relevant requirements set out in Annexes II and VIII and comply with the test procedures and performance requirements as laid down in a delegated act adopted pursuant to paragraph 5.

4. Components of vehicles, whose hazards of an electrical nature are covered by the delegated or implementing acts adopted pursuant to this Regulation, shall not be subject to Directive 2006/95/EC of the European Parliament and of the Council of 12 December 2006 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (27).

5. In order to ensure that a high level of functional safety is attained, the Commission shall adopt delegated acts in accordance with Article 75 on the specific requirements listed in Annex II (B) regarding the functional safety of vehicles and where applicable, base itself on the enhanced functional safety requirements laid down in Annex VIII. The first such delegated acts shall be adopted by 31 December 2014.

6. The Commission shall adopt in a second step by 31 December 2020 a delegated act in accordance with Article 75, in order to harmonise the normal life requirements and tests to ensure vehicle structure integrity as listed in Annex II (B) 17.

7. The Commission may adopt implementing acts in order to lay down a template for the manufacturer’s statement. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73(2).

Article 23

Requirements for environmental performance

1. Manufacturers shall ensure that vehicles are designed, constructed and assembled so as to minimise the impact on the environment. Manufacturers shall ensure that type-approved vehicles meet the environmental performance requirements as set out in Annexes II, V and VI and within the durability mileage as set out in Annex VII.

2. Manufacturers shall ensure that vehicles, systems, components and separate technical units comply with the test procedures and test requirements as set out in Annex V within the application dates set out in Annex IV to be laid down in a delegated act adopted pursuant to paragraph 12 of this Article.

3. Manufacturers shall ensure that type-approval requirements for verifying durability requirements are met. At the choice of the manufacturer one of the following durability test procedures shall be used to provide evidence to the approval authority that the environmental performance of a type-approved vehicle is durable:

(a) actual durability testing with full mileage accumulation: The test vehicles shall physically accumulate the full distance set out in Annex VII (A) and shall be tested in accordance with the procedure laid down in test type V as set out in the delegated act adopted pursuant to paragraph 12 of this Article. The emission test results up to and including the full distance set out in Annex VII (A) shall be lower than the environmental limits set out in Annex VI (A);

(b) actual durability testing with partial mileage accumulation: The test vehicles shall physically accumulate a minimum of 50 % of the full distance set out in Annex VII (A) and shall be tested in accordance with the procedure laid down in test type V as set out in the delegated act adopted pursuant to paragraph 12 of this Article. As specified in that act, the test results shall be extrapolated up to the full distance set out in Annex VII (A). Both the test results and the extrapolated results shall be lower than the environmental limits set out in Annex VI (A);

(c) mathematical durability procedure: For each emission constituent, the product of the multiplication of the deterioration factor set out in Annex VII (B) and the environmental test result of a vehicle which has accumulated more than 100 km after it was first started at the end of the production line shall be lower than the environmental limit set out in Annex VI (A).

4. By 1 January 2016, the Commission shall carry out a comprehensive environmental effect study. The study shall evaluate the air quality and the share of pollutants contributed by L-category vehicles and shall cover the requirements of test types I, IV, V, VII and VIII listed in Annex V.

It shall collate and evaluate the latest scientific data, scientific research findings, modelling and cost efficiency with a view to establishing definitive policy measures by confirmation and final establishment of the Euro 5 enforcement laid down in Annex IV and the Euro 5 environmental requirements laid down in Annexe V, in Annex VI (A2), (B2) and (C2) and in Annex VII concerning Euro 5 durability mileages and deterioration factors.

5. Based on the findings referred to in paragraph 4, the Commission shall by 31 December 2016 present to the European Parliament and the Council a report on the following:

(a) the enforcement dates of the Euro 5 level referred to in Annex IV;

(b) the Euro 5 emission limits referred to in Annex VI (A2) and the OBD thresholds in Annex VI (B2);

(c) that all new types of vehicles in (sub-)categories L3e, L5e, L6e-A and L7e-A shall, in addition to OBD stage I, also be equipped with OBD stage II at the Euro 5 level;

(d) the durability mileages for the Euro 5 level referred to in Annex VII (A) and the deterioration factors for the Euro 5 level referred to in Annex VII (B).

The Commission shall make any appropriate legislative proposals in the light of that report.

6. Basing itself on the results of the environmental effect study, the Commission shall adopt a delegated act in accordance with Article 75 determining which of the (sub-)categories L1e-A, L1e-B, L2e, L5e-B, L6e-B, L7e-B and L7e-C for the Euro 5 level are to be subject to SHED testing or to fuel tank and tubing permeation testing, with the test limits listed in Annex VI (C2).

7. Manufacturers shall ensure that L- category vehicles comply with the applicable test requirements regarding environmental performance for approval and extensions as laid down in Annex V (A).

8. With regards to test type I, the relevant emission limit for L3e-AxE (Enduro, x = 1, 2 or 3) and L3e-AxT (Trial, x = 1, 2 or 3) motorcycles shall be the sum of L2 (THC) and L3 (NOx) of Annex VI (A). The emission test results (NOx + THC) shall be smaller than or equal to this limit (L2 + L3).

9. Vehicles of category L4e shall meet the environmental requirements laid down in Annex V for vehicles of category L3e, whereby for test types I, IV, VII and VIII of Annex V either the complete assembly of the base powered vehicle is tested with the sidecar being fitted or only the base powered vehicle without the side car being fitted as appropriate.

10. Manufacturers shall ensure that all replacement pollution control devices placed on the market or at the entry into service in the Union, are type-approved in accordance with this Regulation.

11. The requirements referred to in paragraphs 1 to 10 shall apply to vehicles, systems, components and separate technical units in accordance with Annex II.

12. In order to ensure a high level of environmental protection, the Commission shall be empowered to adopt delegated acts in accordance with Article 75 concerning the detailed technical specifications on environmental requirements for the subjects referred to in paragraphs 1, 2, 3, 6 and 7 of this Article including test procedures.

Article 24

Additional environmental requirements with regards to greenhouse gas emissions, fuel consumption and electric energy consumption and electric range

1. CO2 (carbon dioxide) emissions shall be determined in the applicable laboratory emission test cycle by the manufacturer and reported by the manufacturer to the approval authority. Fuel consumption and/or electric energy consumption and electric range shall be either calculated based on the type-approval emission laboratory test results or measured, witnessed by the technical service and reported to the approval authority.

2. The CO2 measurement result, the calculated or measured fuel consumption, electric energy consumption and electric range shall be included in the information folder as specified in the implementing act referred to in Article 27(4), and the relevant information shall also be indicated on the certificate of conformity.

In addition to the indication on the certificate of conformity, the manufacturers shall ensure that the CO2 emission, fuel consumption, electric energy consumption and electric range data are provided to the buyer of the vehicle at the time of purchase of a new vehicle, in a format which they consider appropriate.

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 75 concerning test type VII test procedure requirements regarding CO2 emission measurement, fuel consumption, electric energy consumption and electric range calculation and measurement methods.

CHAPTER IV

EU TYPE-APPROVAL PROCEDURES

Article 25

Procedures for EU type-approval

1. When applying for a whole-vehicle type-approval, the manufacturer may choose one of the following procedures:

(a) step-by-step type-approval;

(b) single-step type-approval;

(c) mixed type-approval.

In addition, the manufacturer of vehicle categories laid down in paragraph 5 may choose multi-stage type-approval.

Only the single-step type-approval procedure is applicable for the type-approval of systems, components or separate technical units.

2. Step-by-step type-approval shall consist of the step-by-step collection of the whole set of EU type-approval certificates for the systems, components and separate technical units forming part of the vehicle, and which leads, at the final stage, to the whole-vehicle type-approval.

3. Single-step type-approval shall consist of the approval of a vehicle as a whole by means of a single operation.

4. Mixed type-approval is a step-by-step type-approval procedure for which one or more system approvals are achieved during the final stage of the approval of the whole vehicle, without it being necessary to issue the EU type-approval certificates for those systems.

5. In a multi-stage type-approval procedure, one or more approval authorities certify that, depending on the state of completion, an incomplete or completed type of vehicle satisfies the relevant administrative provisions and technical requirements of this Regulation.

Multi-stage type-approval shall be granted in respect of a type of incomplete or completed vehicle which conforms to the particulars in the information folder provided for in Article 27 and which meets the technical requirements laid down in the relevant acts listed in Annex II, having regard to the state of completion of the vehicle.

6. The type-approval for the final stage of completion shall be granted only after the approval authority has verified that the vehicle type-approved at the final stage meets at that time all applicable technical requirements. That shall include a documentary check of all requirements covered by a type-approval for an incomplete vehicle granted in the course of a multistage procedure, even where granted for a different (sub-)category of vehicle.

The multi-stage approval referred to in the second subparagraph of paragraph 1 shall apply only to vehicles of sub-categories L2e -U, L4e, L5e-B, L6e-BU and L7e-CU.

7. The choice of approval procedure shall not affect the applicable substantive requirements with which the approved vehicle type has to comply at the time of issuing of the whole-vehicle type-approval.

8. The Commission shall be empowered to adopt delegated acts in accordance with Article 75 concerning detailed arrangements with regard to type-approval procedures. The first such delegated acts shall be adopted by 31 December 2014.

Article 26

Application for type-approval

1. The manufacturer shall submit the application for type-approval to the approval authority.

2. Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and it may be submitted in only one Member State.

3. A separate application shall be submitted for each type to be approved.

Article 27

Information folder

1. The applicant shall provide the approval authority with an information folder.

2. The information folder shall include the following:

(a) an information document;

(b) all data, drawings, photographs and other information;

(c) for vehicles, an indication of the procedure(s) chosen in accordance with Article 25(1);

(d) any additional information requested by the approval authority in the context of the application procedure.

3. The information folder may be supplied on paper or in an electronic format that is accepted by the technical service and by the approval authority.

4. The Commission shall lay down templates for the information document and for the information folder by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73(2). The first such implementing acts shall be adopted by 31 December 2014.

Article 28

Specific requirements for information to be provided in the application for type-approval under different procedures

1. An application for step-by-step type-approval shall be accompanied by an information folder in accordance with Article 27 and by the complete set of type-approval certificates required pursuant to each of the applicable acts listed in Annex II.

In the case of the type-approval of a system, component or separate technical unit, pursuant to the applicable acts listed in Annex II, the approval authority shall have access to the related information folder until such time as the approval is either issued or refused.

2. An application for single-step type-approval shall be accompanied by an information folder provided for in Article 27 containing the relevant information in accordance with the implementing acts adopted pursuant to this Regulation, in relation to those applicable acts.

3. In the case of a mixed type-approval procedure, the information folder shall be accompanied by one or more type-approval certificates required pursuant to each of the applicable acts listed in Annex II and shall include, in so far as no type-approval certificate is presented, the relevant information in accordance with the implementing acts adopted pursuant to this Regulation, in relation to those applicable acts.

4. Without prejudice to paragraphs 1, 2 and 3, the following information shall be supplied for the purposes of multi-stage type-approval:

(a) in the first stage, those parts of the information folder and the EU type-approval certificates which are relevant to the state of completion of the base vehicle;

(b) in the second and subsequent stages, those parts of the information folder and the EU type-approval certificates which are relevant to the current stage of construction, together with a copy of the EU type-approval certificate for the vehicle issued at the preceding stage of construction and full details of any changes or additions that the manufacturer has made to the vehicle.

The information specified in points (a) and (b) of the first subparagraph of this paragraph may be supplied in accordance with paragraph 3.

5. The approval authority may, by reasoned request, require the manufacturer to supply any additional information needed to enable a decision to be taken on which tests are required or to facilitate the execution of those tests.

CHAPTER V

CONDUCT OF EU TYPE-APPROVAL PROCEDURES

Article 29

General provisions

1. Approval authorities shall grant an EU type-approval only after verifying the conformity of production arrangements referred to in Article 33 and the compliance of the type of vehicle, system, component or separate technical unit with the applicable requirements.

2. EU type-approvals shall be granted in accordance with this Chapter.

3. If an approval authority finds that a type of vehicle, system, component or separate technical unit, though conforming to the required provisions, presents a serious risk to safety or may seriously harm the environment or public health, it may refuse to grant EU type-approval. In that case, it shall immediately send to the approval authorities of the other Member States and the Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings.

4. EU type-approval certificates shall be numbered in accordance with a harmonised system laid down by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73(2). The first such implementing acts shall be adopted by 31 December 2014.

5. The approval authority shall, within one month of issuing the EU type-approval certificate, send to the approval authorities of the other Member States a copy of the EU vehicle type-approval certificate, together with the attachments, for each type of vehicle which it has approved by means of a common secure electronic exchange system. The copy may also take the form of a secure electronic file.

6. The approval authority shall without delay inform the approval authorities of the other Member States of its refusal or withdrawal of any vehicle approval, together with the reasons for its decision.

7. At three-monthly intervals, the approval authority shall send to the approval authorities of the other Member States a list of the EU type-approvals it has granted, amended, refused to grant or withdrawn for systems, components or separate technical units during the preceding period.

8. If so requested by an approval authority of another Member State, the approval authority which has granted an EU type-approval shall, within one month of receiving that request, send to the former a copy of the requested EU type-approval certificate, together with the attachments by means of a common secure electronic exchange system. The copy may also take the form of a secure electronic file.

9. If so requested by the Commission, the approval authority shall submit the information referred to in paragraphs 5 to 8 to the Commission as well.

10. The approval authority shall put together an information package consisting of the information folder accompanied by the test reports and all other documents added by the technical service or by the approval authority to the information folder in the course of carrying out their functions. The information package shall contain an index listing its contents, suitably numbered or otherwise marked so as to identify clearly all the pages and the format of each document such as to present a record of the successive steps in the management of the EU type-approval, in particular the dates of revisions and updating. The approval authority shall keep information contained in the information package available for a period of 10 years after the end of validity of the approval concerned.

Article 30

Specific provisions concerning the EU type-approval certificate

1. The EU type-approval certificate shall contain, as attachments, the following:

(a) the information package referred to in Article 29(10);

(b) the test results;

(c) the name(s) and specimen(s) of the signature(s) of the person(s) authorised to sign certificates of conformity and a statement of their position in the company;

(d) in the case of an EU whole-vehicle type-approval, a filled-out specimen of the certificate of conformity.

2. The EU type-approval certificate shall be issued on the basis of the template laid down by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73(2). The first such implementing acts shall be adopted by 31 December 2014.

3. In respect of each type of vehicle, the approval authority shall:

(a) complete all the relevant sections of the EU type-approval certificate, including the test results sheet appended thereto;

(b) compile the index to the information package;

(c) issue the completed certificate, together with its attachments, to the applicant without delay.

The Commission shall lay down the template for the test results sheet referred to in point (a) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73(2). The first such implementing acts shall be adopted by 31 December 2014.

4. In the case of an EU type-approval for which, in accordance with Article 40, restrictions have been imposed as to its validity, or certain provisions of this Regulation or the delegated and implementing acts adopted pursuant to this Regulation have been waived, the EU type-approval certificate shall specify those restrictions or waivers.

5. Where the manufacturer chooses the mixed type-approval procedure, the approval authority s