COMMISSION DELEGATED REGULATION (EU) No 44/2014

of 21 November 2013

supplementing Regulation (EU) No 168/2013 of the European Parliament and of the Council with regard to the vehicle construction and general requirements for the approval of two- or three-wheel vehicles and quadricycles

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Articles 18(3), 20(2), 21(5), 25(8), 33(6) and 57(12), and Article 65 thereto,

Whereas:

The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. To that end, comprehensive EU type-approval and a strengthened market surveillance system for L-category vehicles and its systems, components and separate technical units, as defined by Regulation (EU) No 168/2013, apply.

The term ‘L-category vehicles’ covers a wide range of light vehicle types with two, three or four wheels, e.g. powered cycles, two- and three-wheel mopeds, two- and three-wheel motorcycles, motorcycles with side-cars and four-wheel vehicles (quadricycles) such as on-road quads, all-terrain vehicles and quadrimobiles.

By Council Decision 97/836/EC (2) , the Union acceded to 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’).

Manufacturers apply for type approval for L category vehicles, their systems, components or separate technical units in accordance with Regulation (EU) No 168/2013. In the Union legislation most requirements on vehicle parts are taken over from the corresponding UNECE regulations. UNECE regulations are constantly amended in line with technological progress and the respective Union regulations have to be regularly updated accordingly. In order to avoid this duplication, the CARS 21 High Level Group recommended the replacement of several Union directives by way of the incorporation and compulsory application of the corresponding UNECE regulations in Union law, referred to in Annex I.

The possibility of applying UNECE regulations by virtue of Union legislation that provides for the incorporation of those UNECE regulations for the purpose of EU vehicle type-approval is provided for in Regulation (EU) No 168/2013. Under that Regulation, type-approval in accordance with UNECE regulations which apply on a compulsory basis is regarded as EU type-approval in accordance with that Regulation and its delegated and implementing acts.

UNECE regulation No 10 on electromagnetic compatibility (EMC) should be made obligatory and replace Chapter 8 of 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 (3) in order for vehicles to comply with only one set of EMC requirements, which are world-wide accepted by contracting parties to the 1958 Agreement. UNECE regulation No 62 on protection against unauthorised use should be made obligatory and replace 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 (4) with the same objective of mutual recognition between contracting parties to the 1958 Agreement.

The compulsory application of UNECE regulations helps avoiding duplication not only of technical requirements but also of certification and administrative procedures. In addition, type-approval that is directly based on internationally agreed standards could improve market access in third countries, in particular those which are contracting parties to the Revised 1958 Agreement, and thus enhance the Union industry’s competitiveness.

Pursuant to the provisions of Regulation (EU) No 168/2013, the L-category vehicles, systems, components and separate technical units covered by that Regulation may not be placed or made available on the market or enter into service in the Member States unless they comply with the provisions of that Regulation.

Functional safety or environmental performance requirements call for restrictions on tampering with certain types of L-category vehicles. If they are not to prove an obstacle to owner servicing and maintenance, such restrictions should be strictly limited to tampering which significantly modifies the vehicle’s performance and pollutant emissions, noise emissions and vehicle functional safety in a harmful way. As harmful tampering affects both items, detailed requirements regarding powertrain and noise abatement tampering prevention requirements should be laid down in this delegated act on vehicle construction.

Subcategories L6e-A (light on-road quads), L7e-A (heavy on-road quads) and L7e-B (heavy terrain quads) are vehicles with a high centre of gravity in comparison to their width and wheelbase. They have a wide range of passenger/load carrying configurations and they may be operated in off-road conditions. Multiple lateral static stability criteria should be established and incorporated in Annex XI regarding masses and dimensions because of the importance of vehicle rollover stability in the off-road environment. Both tilt-table angle (TTA) and lateral-stability coefficient (Kst) are used as static stability indicators. Kst is a three-dimensional static measurement and serves as an indicator of level-terrain vehicle stability, whereas the TTA test simulates a vehicle operating on a side slope and tests the static longitudinal stability. The vehicle state for these static tests ranges from the operational but otherwise unloaded L6e-A, L7e-A and L7e-B vehicles to both loaded and unloaded conditions. In addition, the vehicle should be constructed by designing the masses and dimensions of the vehicle so as to respect minimum pitch stability. Associated testing should be is representative of a fully loaded vehicle directly ascending and descending a steep slope.

On-board diagnostics (‘OBD’) is essential for effective and efficient repair and maintenance of vehicles. Accurate diagnostics allows the repairer to identify fast which smallest exchangeable unit has to be repaired or replaced. In order to address the rapid technical developments in the area of propulsion control systems it is appropriate to review the list of devices monitored for electric circuit malfunctions in 2017. By 1 January 2018 it should be established whether identified if additional devices and malfunctions should be added to the list set out in Appendix 2 to Annex XII to provide sufficient time to the Member States, vehicle manufacturers, their suppliers and the repair industry to adapt before the entry into force of OBD stage II.

OBD stage I mandatory as of 2016 should not oblige manufacturers to change fuelling hardware and should not impose fitting of an electronic carburettor or electronic fuel injection, providing the vehicle complies with the requirements laid down in Regulation (EU) No 168/2013 and its delegated acts. Compliance with the OBD stage I requirements requires that if fuel delivery, spark delivery or intake air are electronically controlled, the applicable input and/or output circuits need to be monitored, limited to the items listed in Appendix 2 to Annex XII. If for example a motorcycle would be equipped with a mechanically actuated carburettor, but at the same time with electronically controlled spark delivery, the primary ignition coil circuits need to be monitored. In the case of a mechanical carburettor fitted with a throttle position sensor providing a circuit signal as input to the PCU/ECU to determine the engine load, which on its turn would be used to electronically control spark delivery, requires monitoring of that throttle position sensor circuit. Also other sensors and/or actuator circuits captured by points 3.3.5 and 3.3.6 of Annex XII will need to be monitored although not directly used to control fuel delivery, spark delivery or intake air. An example of such a case would be the wheel speed sensor circuits in case the vehicle speed would be calculated in the PCU/ECU from the wheel rotation speeds and which would subsequently be used to control the environmental performance of the motorcycle or would be used to trigger a torque limiting default mode.

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 (‘RMI’) services are necessary to improve the functioning of the internal market, particularly as regards the free movement of goods, freedom of establishment and freedom to provide services. A great proportion of such information relates to on-board diagnostic (OBD) systems and their interaction with other vehicle systems. It is appropriate to lay down technical specifications that manufacturers’ websites should follow, along with targeted measures to ensure reasonable access for small and medium-sized enterprises (SMEs). Common standards agreed with the involvement of stakeholders can facilitate the exchange of information between manufacturers and service providers. It is therefore appropriate that manufacturers use the technical specifications of the OASIS format and that the Commission will request in due course the European Committee for Standardisation (‘CEN’) and the International Organization for Standardization (‘ISO’) to develop this format into a standard with a view to replacing the OASIS format.

In order to further pursue the harmonised approach for access to RMI in all sectors of type-approval legislation taken in Chapter XV of Regulation (EU) No 168/2013 the provisions of which follow Regulations (EC) No 595/2009 (5) and (EC) No 715/2007 (6) of the European Parliament and of the Council, it is appropriate to carry over to this Regulation the provisions on access to repair and maintenance information set out in the implementing regulation to Regulations (EC) No 595/2009 and (EC) No 715/2007, namely Commission Regulation (EU) No 582/2011 (7) and adapt them to the specificities of the L-category vehicle sector.

In particular, it is appropriate to adopt specific procedures for access to vehicle repair and maintenance information in the case of multi-stage type-approval. It is also appropriate to adopt specific requirements and procedures for access to vehicle repair and maintenance information in the case of customer adaptations and small volume production.

In order to exclude that application of the provisions on access to repair and maintenance information imposes too much burden upon vehicle manufacturers in the short term with respect to certain systems which are carried over from old to new vehicle types, it is appropriate to introduce an exhaustive list of certain limited derogations from the general provisions on access to vehicle OBD and vehicle repair and maintenance information as exhaustively listed in this Regulation.

When examining the major policy areas which affect the competitiveness of the European automotive industry, the ‘CARS 21 High Level Group’ agreed on a number of recommendations aimed at enhancing the industry’s global competitiveness and employment while sustaining further progress in safety and environmental performance, which was published in a report by the Commission in 2006 entitled ‘CARS 21: A Competitive Automotive Regulatory System for the 21st century’. In the area of simplification, the High Level Group proposed, inter alia, two legislative measures, introducing the possibility of manufacturers conducting approval tests themselves, i.e. to be designated as a technical service (‘self-testing’), and the possibility of using computer simulations instead of physical tests (‘virtual testing’). This Regulation should therefore set out the detailed conditions with respect to virtual testing and self-testing as set out in Articles 32, 64 and 65 of Regulation (EU) No 168/2013.

Computer-aided techniques, in particular Computer- Aided-Design, are used widely throughout the engineering process from conceptual design and layout of components and equipment, through strength and dynamic analysis of assemblies to definition of manufacturing methods. Available software makes possible the use of virtual testing methods based on such techniques, the introduction of which was identified by the ‘CARS 21 High Level Group’ as a means of reducing manufacturers’ costs by no longer obliging them to build prototypes for the purposes of type-approval. Manufacturers not wishing to take advantage of virtual testing methods should be allowed to continue to use the existing physical test methods.

Type-approval tests are conducted by technical services duly notified to the Commission by the type-approval authorities of the Member States after their skills and competence have been assessed under the relevant international standards. Those standards contain the necessary requirements to allow a manufacturer or a subcontracting party acting on his behalf to be designated as a technical service by the approval authority within the meaning of Directive 2002/24/EC of the European Parliament and of the Council (8) (the Framework Directive). However, in order to prevent potential conflicts of interest, the responsibilities of the manufacturers should be specified. In addition, the conditions under which a manufacturer may subcontract tests should be clarified.

One of the main features of the EU type-approval system is the high level of confidence which should exist between the approval authority and the technical services it has appointed. It is therefore important to ensure that the information exchange between technical services and approval authority is marked by transparency and clarity.

A virtual testing method should provide for the same level of confidence in the results as a physical test. Therefore, it is appropriate to lay down relevant conditions to ensure that the manufacturer acting as in-house technical service, a subcontracting party acting on behalf of the manufacturer or the technical service can properly validate the mathematical models used.

Checks on the conformity of vehicles, components or separate technical units throughout the production process are an essential part of the EU type-approval process. These conformity checks are carried out through conducting physical tests on vehicles, components or separate technical units taken from the production line. Virtual methods should not be permissible for the purposes of conformity of production testing, even if they have been used for type-approval purposes.

This Regulation should apply from the date of application of Regulation (EU) No 168/2013,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

1. This Regulation establishes the detailed technical requirements and test procedures regarding vehicle construction and general requirements for the approval of L-category vehicles and the systems, components and separate technical units intended for such vehicles in accordance with Regulation (EU) No 168/2013 and sets out a list of UNECE regulations and amendments thereto.

2. It also establishes performance standards for technical services and the procedure for their assessment.

Article 2

Definitions

The definitions of Regulation (EU) No 168/2013 shall apply. In addition, the following definitions shall apply:

‘anti-tampering measures’ means a series of technical requirements and specifications the aim of which is to prevent, as far as possible, unauthorised modifications of the vehicle's powertrain which may prejudice functional safety, in particular by increasing vehicle performance, and damage the environment, and are not permitted by Annex II;

‘inlet conduit’ means the combination of the inlet passage and the intake pipe;

‘inlet passage’ means the passage for the intake of air within the cylinder, cylinder-head or crankcase;

‘intake pipe’ means a part connecting the carburettor or air-control system and the cylinder, cylinder-head or crankcase;

‘intake system’ means the combination of the inlet conduit and the intake silencer;

‘exhaust system’ means the combination of the exhaust pipe, the expansion box, the exhaust silencer and pollution control device(s);

‘special tools’ means tools in conjunction with anti-tampering devices which are made available only to distributors authorised by the vehicle manufacturer and are not available to the general public;

‘spark delivery of the ignition system’ means all the characteristics of the spark generated in the ignition system of a positive ignition ‘(PI)’ engine used to ignite the air-fuel mixture, such including timing, level and positioning;

‘fuel feed system’ means the set of components including and between fuel storage and air-fuel blending or injecting device(s);

‘conformity of production’ (CoP) means the ability to ensure that each series of products produced is in conformity with the specification, performance and marking requirements in the type-approval;

‘quality management system’ means a set of interrelated or interacting elements that organisations use to direct and control how quality policies are implemented and quality objectives are achieved;

‘audit’ means an evidence-gathering process used to evaluate how well audit criteria are being applied targeting to be objective, impartial and independent, and handled in a systematic and documented audit process;

‘corrective actions’ means a problem-solving process in the quality management process with subsequent steps taken to remove the causes of a nonconformity or undesirable situation and designed to prevent their recurrence;

‘certification’ means an attestation by a national accreditation body that an organisation meets the requirements set by harmonised standards and, where applicable, any additional requirements, including those set out in relevant sectorial schemes, for carrying out a specific conformity assessment activity;

‘coupling device for L-category vehicle’ means all parts and devices fitted to the frames, load-bearing parts of the bodywork and chassis of the vehicles by means of which towing and towed vehicles are connected together, including fixed or detachable parts for attaching, adjusting or operating the coupling devices;

‘coupling ball and towing bracket’ means a coupling device employing a spherical device and a bracket fitted on the L-category vehicle for connecting to the trailer by means of a coupling head;

‘coupling head’ means a mechanical coupling device on the drawbar of trailers for connecting to a coupling ball on the L-category vehicle;

‘coupling point’ means the centre of engagement of the coupling fitted to a towed vehicle within the coupling fitted to a towing vehicle;

‘secondary coupling’ means a connecting device capable in the event of separation of the main coupling, to ensure that the trailer remains connected to the towing vehicle and that there is some residual steering action;

‘plate edge’ means the outline of a plate which would have a total of four clearly identifiable edges if its shape were flat and rectangular and of an overall material thickness not exceeding 10 mm;

‘stem’ means any projection or part which appears to have a round or virtually round shape, including bolt and screw heads, with a relatively constant overall diameter and which has a free end that can be contacted;

‘load platform’ means a platform attached to the structure of the L-category vehicle for the carriage of load;

‘standard equipment’ means the basic configuration of a vehicle equipped with all the features required under the regulatory acts referred to in Annex II to Regulation (EU) No 168/2013, including all features that are fitted without giving rise to any further specifications on configuration or equipment level;

‘optional equipment’ means features that are not included in the standard equipment and may be fitted to a vehicle under the responsibility of the manufacturer;

‘mass of the optional equipment’ means the mass of the equipment which may be fitted to the vehicle in addition to the standard equipment, in accordance with the manufacturer’s specifications;

‘mass of the coupling’ means the mass of the coupling device and the parts necessary for attaching the coupling to the vehicle;

‘technically permissible maximum mass at the coupling point’ means the mass, corresponding to the maximum permissible static vertical load on the coupling point (‘S’ or ‘U’ value), of a towing vehicle, on the basis of the construction features of the coupling and the towing vehicle;

‘actual mass’ in relation to a vehicle means the mass in running order as referred to in Article 5 of Regulation (EU) No 168/2013, plus the mass of the driver (75 kg), plus the mass of the alternative propellant storage if applicable and plus the mass of optional equipment fitted to an individual vehicle;

‘technically permissible maximum laden mass’ (M) means the maximum mass allocated to a vehicle on the basis of its construction features and design performances;

‘axle’ means the common axis of rotation of two or more wheels whether power driven or freely rotating, and whether in one or more segments located in the same plane perpendicular to the longitudinal centre-line of the vehicle;

‘technically permissible maximum mass on the axle’ means the mass corresponding to the maximum permissible static vertical load transmitted to the ground by the wheels of the axle, on the basis of the construction features of the axle and the vehicle and their design performances;

‘pay-mass’ means the difference between the technically permissible maximum laden mass and the actual mass of the vehicle;

‘longitudinal plane’ means a vertical plane running parallel to the straight-ahead direction of travel of the vehicle;

‘emission control system’ means the electronic engine management controller and any emission-related component in the exhaust or evaporative system which supplies an input to or receives an output from this controller;

‘malfunction indicator’ (‘MI’) means a visible or audible indicator that clearly informs the driver of the vehicle in the event of malfunctions as referred to in Article 21 of Regulation (EU) No 168/2013;

‘malfunction’ means the failure of a component or system that would result in emissions exceeding the OBD thresholds laid down in Section (B) of Annex VI to Regulation (EU) No 168/2013, or the triggering of any operating mode which significantly reduces engine torque, or the OBD system being unable to fulfil the basic monitoring requirements of Annex XII;

‘secondary air’ means air introduced into the exhaust system by means of a pump or aspirator valve or other means intended to aid in the oxidation of HC and CO contained in the exhaust gas flow;

‘engine misfire’ means a lack of combustion in the cylinder of a positive-ignition engine due to the absence of spark, poor fuel metering, poor compression or any other cause;

‘driving cycle’ means a test cycle consisting of engine start-up, driving mode where a malfunction would be detected if present, and engine shut-off;

‘warm-up cycle’ means vehicle operation whereby the coolant temperature rises by at least 22 K from engine start-up to at least 343,2 K (70 °C);

‘long-term fuel trim’ refers to much more gradual adjustments to the fuel calibration schedule which compensate for vehicle differences and gradual changes that occur over time;

‘calculated load value’ means referring to an indication of the current airflow divided by peak airflow, where peak airflow is corrected for altitude, if available. This definition provides a dimensionless number that is not engine-specific and provides the service technician with an indication of the proportion of engine capacity being used (with wide open throttle as 100 %);

‘permanent emission default mode’ refers to a case where the engine management controller permanently switches to a setting that does not require an input from a failed component or system where such a failed component or system would result in increasing emissions from the vehicle exceeding the limits set out in Section (B) of Annex VI to Regulation (EU) No 168/2013;

‘access to OBD’ means the availability of all emission and safety critical related on-board diagnostic information including all fault codes required for the inspection, diagnosis, servicing or repair of environmental or functional-safety-related parts of the vehicle, via the serial interface for the standard diagnostic connection, pursuant to point 3.12 of Appendix 1 to Annex XII;

access allowing evaluation of the data produced without the need for any unique decoding information, unless that information itself is standardised information;

access not dependent on an access code obtainable only from the manufacturer, or a similar device; or

‘standardised data’ means that all data stream information, including all fault codes used, is produced only in accordance with industry standards which, by virtue of the fact that their format and their permitted options are clearly defined, provide for a maximum level of harmonisation in the L-category vehicle industry, and the use of which is expressly permitted in this Regulation;

‘deficiency’ in respect of vehicle OBD systems, means a situation in which up to two separate components or systems that are monitored contain temporary or permanent operating characteristics that impair their otherwise efficient OBD monitoring or do not meet all other detailed requirements for OBD;

‘significant reduction of propulsion torque’ means a propulsion torque less than or equal to 90 % of torque in normal operation mode;

‘surface of patterned mesh’ means a surface consisting of a pattern of shapes, such as round, oval, diamond, rectangular or square holes, spread evenly at intervals not exceeding 15 mm;

‘surface of grille’ means a surface consisting of parallel bars spread evenly and not more than 15 mm apart;

‘nominal surface’ means a theoretical geometrically perfect surface without taking into account surface irregularities such as protrusions or indentations;

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

‘carry-over system’ means a system, as defined in Article 3(15) of Regulation (EU) No 168/2013, carried over from an old type of vehicle to a new type of vehicle;

‘stand’ means a device firmly attached to the vehicle and able to maintain the fully unattended vehicle in its intended parking position;

‘prop stand’ means a stand which, when extended or swung into the position of use, supports the vehicle on one side only, leaving both wheels in contact with the ground;

‘centre stand’ means a stand which, when swung into the position of use, supports the vehicle by providing one or more areas of contact between the vehicle and the ground on both sides of the longitudinal median plane of the vehicle;

‘transverse tilt’ means the sideways gradient, expressed as a percentage, of the actual supporting surface where the line formed by the intersection of the longitudinal median plane of the vehicle and the supporting surface is perpendicular to the line of maximum gradient;

‘longitudinal tilt’ means the fore and aft gradient, expressed as a percentage, of the actual supporting surface where the longitudinal median plane of the vehicle is parallel to, and thus in line with, the line of maximum gradient;

‘in-use position’ of a stand refers to a stand being extended or opened and put in the intended position for parking;

‘not-in-use position’ of a stand refers to a stand being retracted or closed and kept in the position for travelling.

CHAPTER II

OBLIGATIONS OF MANUFACTURERS REGARDING VEHICLE CONSTRUCTION

Article 3

Fitting and demonstration requirements related to vehicle construction

1. In order to comply with the vehicle construction requirements as laid down in Article 18 of, and Annex II to, Regulation (EU) No 168/2013, manufacturers shall equip L-category vehicles with systems, components and separate technical units affecting functional safety and environmental protection that are designed, constructed and assembled so as to enable the vehicle in normal use and maintained according to the prescriptions of the manufacturer to comply with the detailed technical requirements and testing procedures.

2. In accordance with Articles 6 to 20 manufacturers shall demonstrate by means of physical demonstration testing to the approval authority that the L-category vehicles made available on the market, registered or entering into service in the Union comply with the vehicle construction requirements of Chapter III of Regulation (EU) No 168/2013 and comply with the detailed technical requirements and test procedures laid down in Articles 6 to 20 of this Regulation.

3. Manufacturers shall ensure that spare parts and equipment that are made available on the market or are entering into service in the Union comply with the relevant requirements of Regulation (EU) No 168/2013, as specified by the detailed technical requirements and test procedures referred to in this Regulation. An approved L-category vehicle equipped with such a spare part or equipment shall meet the same test requirements and performance limit values as a vehicle equipped with an original part or equipment satisfying endurance requirements up to and including those set out in Article 22(2) and Articles 23 and 24 of Regulation (EU) No 168/2013.

4. Manufacturers shall also ensure that type-approval procedures for verifying conformity of production are followed with regard to the detailed vehicle construction requirements laid down in Article 33 of Regulation (EU) No 168/2013 and the detailed technical requirements in this Regulation.

5. Where applicable, the manufacturers shall submit to the approval authority a description of the measures taken to prevent tampering with the powertrain management system including the emission and functional safety control computers.

Article 4

Application of UNECE regulations

1. The UNECE regulations and amendments thereto set out in Annex I to this Regulation shall apply to type approval.

2. Vehicles with a maximum design vehicle speed lower than or equal to 25 km/h shall meet all the relevant requirements of UNECE regulations applying to vehicles with a maximum vehicle design speed higher than 25 km/h.

3. References to vehicle categories L1, L2, L3, L4, L5, L6 and L7 in the UNECE regulations shall be understood as references to vehicle categories L1e, L2e, L3e, L4e, L5e, L6e and L7e respectively under this Regulation, including any subcategories.

Article 5

Technical specifications on vehicle construction requirements and test procedures

1. The vehicle construction test procedures shall be performed in accordance with the test requirements laid down in this Regulation.

2. The test procedures shall be carried out or witnessed by the approval authority or, if authorised by the approval authority, by the technical service.

3. The measurement methods and test results shall be reported to the approval authority in the test report format laid down pursuant to Article 32(1) of Regulation (EU) No 168/2013.

Article 6

Requirements applying to powertrain tampering prevention (anti-tampering) measures

The test procedures and requirements applying to powertrain tampering prevention (anti-tampering) measures referred to in Annex II(C1) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex II to this Regulation.

Article 7

Requirements applying to the arrangements for type-approval procedures

The test procedures and requirements applying to arrangements for type-approval referred to in Annex II(C2) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex III to this Regulation.

Article 8

Requirements applying to conformity of production (CoP)

The test procedures and requirements applying to conformity of production (CoP) referred to in Annex II(C3) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex IV to this Regulation.

Article 9

Requirements applying to coupling devices and attachments

The test procedures and requirements applying to coupling devices and attachments referred to in Annex II(C4) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex V to this Regulation.

Article 10

Requirements applying to devices to prevent unauthorised use

The test procedures and requirements applying to devices to prevent unauthorised use referred to in Annex II(C5) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex VI to this Regulation.

Article 11

Requirements applying to electromagnetic compatibility (EMC)

The test procedures and requirements applying to electromagnetic compatibility (EMC) referred to in Annex II(C6) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex VII to this Regulation.

Article 12

Requirements applying to external projections

The test procedures and requirements applying to external projections referred to in Annex II(C7) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex VIII to this Regulation.

Article 13

Requirements applying to fuel storage

The test procedures and requirements applying to fuel storage referred to in Annex II(C8) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex IX to this Regulation.

Article 14

Requirements applying to load platforms

The test procedures and requirements applying to load platforms referred to in Annex II(C9) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex X to this Regulation.

Article 15

Requirements applying to masses and dimensions

The test procedures and requirements applying to masses and dimensions referred to in Annex II(C10) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XI to this Regulation.

Article 16

Requirements applying to the functional on-board diagnostics

The test procedures and requirements applying to functional on-board diagnostics referred to in Annex II(C11) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XII to this Regulation.

Article 17

Requirements applying to passenger handholds and footrests

The test procedures and requirements applying to passenger handholds and footrests referred to in Annex II(C12) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XIII to this Regulation.

Article 18

Requirements applying to the registration plate space

The test procedures and requirements applying to the registration plate space referred to in Annex II(C13) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XIV to this Regulation.

Article 19

Requirements applying to access to repair and maintenance information

The test procedures and requirements applying to access to repair and maintenance information referred to in Annex II(C14) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XV to this Regulation.

Article 20

Requirements applying to stands

The test procedures and requirements applying to stands referred to in Annex II(C15) to Regulation (EU) No 168/2013 shall be conducted and verified in accordance with Annex XVI to this Regulation.

CHAPTER III

OBLIGATIONS AND REQUIREMENTS RELATING TO TECHNICAL SERVICES

Article 21

Performance standards and assessment of technical services

Technical services have to comply with the performance standards and the procedure for their assessment referred to in Annex II(C16) to Regulation (EU) No 168/2013, which shall be verified in accordance with Annex XVII to this Regulation.

Article 22

Permissibility of self-testing

With respect to the Self-testing by in-house technical services referred to in Article 64(1) of Regulation (EU) No 168/2013, such tests shall only be conducted where permitted in Annex III to this Regulation.

CHAPTER IV

OBLIGATIONS OF THE MEMBER STATES

Article 23

Type-approval of vehicles, systems, components and separate technical units

In accordance with Articles 18, 25 and 33 of Regulation (EU) No 168/2013 and with effect from the dates laid down in Annex IV to Regulation (EU) No 168/2013, national authorities shall, as regards new vehicles not complying with Regulation (EU) No 168/2013 and this Regulation, consider certificates of conformity to be no longer valid for the purposes of Article 43(1) of Regulation (EU) No 168/2013 and shall, on grounds relating to emissions, fuel or energy consumption, or the applicable functional safety or vehicle construction requirements, prohibit the making available on the market, registration or entry into service of such vehicles.

CHAPTER V

FINAL PROVISIONS

Article 24

Entry into force

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

It shall apply from 1 January 2016.

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

(1) OJ L 60, 2.3.2013, p. 52.

(2) Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to 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') (OJ L 346, 17.12.1997, p. 78).

(3) OJ L 226, 18.8.1997, p. 1.

(4) OJ L 188, 29.7.1993, p. 32.

(5) Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).

(6) Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).

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

(8) Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC (OJ L 124, 9.5.2002, p. 1).

LIST OF ANNEXES

Annex number Annex title Page C1 Vehicle construction and general type-approval requirements I List of UNECE regulations which apply on a compulsory basis 12 II Requirements applying to powertrain tampering prevention (anti-tampering) measures 13 III Requirements applying to arrangements for type-approval procedures 17 IV Requirements applying to conformity of production (CoP) 23 V Requirements applying to coupling devices and attachments 35 VI Requirements applying to devices to prevent unauthorised use 44 VII Requirements applying to electromagnetic compatibility (EMC) 45 VIII Requirements applying to external projections 46 IX Requirements applying to fuel storage 53 X Requirements applying to load platforms 59 XI Requirements applying to masses and dimensions 60 XII Requirements applying to functional on-board diagnostics (OBD) 68 XIII Requirements applying to passenger handholds and footrests 85 XIV Requirements applying to the registration plate space 86 XV Requirements applying to access to repair and maintenance information 89 XVI Requirements applying to stands 96 C2 Requirements of technical services XVII Performance standards and assessment of technical services 102

ANNEX I List of UNECE regulations which apply on a compulsory basis UNECE regulation No Subject Series of amendments OJ Reference Applicability 10 Electromagnetic compatibility (EMC) 04 OJ L 254, 20.9.2012, p. 1 L1e, L2e, L3e, L4e, L5e, L6e and L7e 62 Protection against unauthorised use 00 OJ L 89, 27.3.2013, p. 37 L1e, L2e, L3e, L4e, L5e, L6e and L7e Explanatory note: The fact that a component is included in this list does not make its installation mandatory. For certain components, however, mandatory installation requirements are laid down in other annexes to this Regulation.

ANNEX II Requirements applying to powertrain tampering prevention measures (anti-tampering) 1. Purpose and scope 1.1. The powertrain tampering prevention (anti-tampering) measures are aimed at ensuring that adverse changes to the vehicle's powertrain which have negative impacts on functional safety and/or on the environment are discouraged. 1.2. The measures shall include special requirements on vehicle markings as regards maximum power, maximum design vehicle speed and stationary sound level on the statutory plate referred to in Article 39(1) of Regulation (EU) No 168/2013. The special marking of original and non-original components, separate technical units, parts and equipment affecting environmental and propulsion unit performance and functional safety shall comply with Article 39(2) and (3) of Regulation (EU) No 168/2013 in order to allow enforcement authorities to verify whether parts and equipment fitted to a vehicle in use are appropriate for the type-approved vehicle. 1.3. Scope All L-category vehicles referred to in Article 2 of Regulation (EU) No 168/2013, with the exception of (sub)categories L3e-A3, L4e-A3 and L5e. 2. General requirements 2.1. The manufacturer shall ensure that the approval authority and technical service is provided with the necessary information and, where appropriate, the necessary vehicles, propulsions, components and separate technical units to enable them to verify that the requirements of this Annex have been met. 2.2. The manufacturer shall declare in the application for the type-approval its commitment not to market interchangeable components which could enable an increase in propulsion unit performance applicable to the relevant (sub)category. 2.3. Interchangeability of non-identical parts between type-approved vehicles: 2.3.1. The interchangeability of the following parts in an individual or combined way, shall not result in an increase of the propulsion unit performance exceeding the values measured and reported at type-approval meaning that in any case the maximum design vehicle speed and/or the maximum continuous rated and/or net engine power of the relevant category shall remain within the conformity of production boundaries set out in point 4.1.4 of Annex IV: 2.3.1.1. for vehicles equipped with a two-stroke engine: cylinder/piston combination, carburettor or fuel injector(s), intake pipe, exhaust system; 2.3.1.2. for vehicles equipped with a four-stroke engine: cylinder head, camshaft, cylinder/piston combination, carburettor or fuel injector(s), intake pipe, exhaust system. 2.4. In no case may the approved maximum design vehicle speed and/or the maximum continuous rated and/or net engine power of the relevant (sub)category, set out in Annex I to Regulation (EU) No 168/2013 may, be exceeded meaning that in any case the vehicle’s propulsion unit performance shall remain within the conformity of production boundaries set out in point 4.1.4 of Annex IV. 2.5. In the case of chains or cogged belts, the number of teeth shall be displayed on the pinions. 2.6. The manufacturer shall declare that manufacturer-facilitated modifications of the following characteristics will not increase the propulsion unit performance exceeding the conformity of production boundaries set out in point 4.1.4 of Annex IV: spark delivery of the ignition system if applicable, fuel feed and delivery system, air intake system including air filter(s) (modification or removal), propulsion battery configuration or electric power to the electric motor(s) if applicable, the drive train and the control unit(s) that control the powertrain of the vehicle. 2.7. If the ignition timing is adjustable, the propulsion unit performance shall be measured with the ignition advance set within ± 5° of the value at which maximum engine power is achieved. 2.8. The manufacturer shall ensure that the approved vehicle complies with the following provisions on electronic system security limiting the vehicle’s environmental and propulsion unit performance. 2.8.1. For a vehicle equipped with (an) electrical/electronic device(s) which limit its propulsion unit performance, the vehicle manufacturer shall provide data and evidence to the test authorities to demonstrate that modification or disconnection of the device or its wiring system will not increase performance. 2.8.2. Any vehicle equipped with electronic control shall include features to prevent modification, except as permitted by the manufacturer. The manufacturer shall permit modifications necessary for the diagnosis, servicing, inspection, retrofitting or repair of the vehicle. 2.8.3. Any reprogrammable computer codes or operating parameter shall be resistant to tampering and afford a level of protection at least as high as the provisions in ISO 15031-7:2001, provided that the security exchange is conducted using the communication protocols and standardised diagnostic connector prescribed in Appendix 1 to Annex XII. 2.8.4. To avoid increases in propulsion unit performance, computer-coded propulsion operating parameters shall not be changeable without the use of specialised tools and procedures, e.g. soldered or potted computer components, sealed or soldered computer enclosures. 2.8.5. Any removable calibration memory chips shall be potted, encased in a sealed container or protected by electronic algorithms, and shall not be changeable without the use of specialised tools and procedures. 2.8.6. Manufacturers using programmable computer code systems (e.g. electrical erasable programmable read-only memory, EEPROM) shall deter unauthorised reprogramming. They shall include enhanced tamper-protection strategies and write-protect features requiring electronic access to an off-site computer maintained by the manufacturer and to which independent operators shall also have access using the protection afforded in Annex XV. Methods giving an adequate level of tamper protection, such as seed and key security access as per Keyword 2000 protocol, shall be approved by the approval authority. 2.8.7. Stored on-board diagnostic trouble codes (DTCs) in the powertrain or engine control unit(s) shall not be erased by disconnection of the on board computer from the vehicle power supply or by disconnection or failure of the vehicle battery or ground. 3. Additional specific requirements for (sub)category L1e, L2e and L6e vehicles 3.1. The acceptable tolerance for maximum vehicle speed and/or power limitation of category L1e, L2e and L6e vehicles shall be ± 5 % of the maximum design vehicle speed and/or net and/or continuous rated power classification criteria referred to in Annex I to Regulation (EU) No 168/2013. 3.2. Requirements for category L1e, L2e and L6e vehicles equipped with a combustion engine 3.2.1. Intake system 3.2.1.1. Each intake pipe shall be fixed with shear-bolts or bolts removable only using special tools. A restricted section, indicated on the outside, shall be located inside the pipes; at that point the wall shall be less than 4 mm in thickness, or 5 mm if composed of a flexible material such as rubber. 3.2.1.2. Any interference with the pipes aimed at modifying the restricted section shall lead to either the destruction of the pipes or complete and permanent malfunctioning of the engine until they are restored to their approved condition. 3.2.1.3. A marking with indication of the vehicle category or categories shall be legible on the pipes. 3.2.2. Engine 3.2.2.1. If an engine is equipped with (a) reed valve(s), it (they) shall be fixed with shear-bolts which prevent reuse of its support or bolts removable only using special tools. 3.2.2.2. After mounting, the maximum thickness of a cylinder-head gasket, if any, shall not exceed 1,3 mm. 3.2.2.3. Piston for two-stroke engines. The piston, when in position at top dead centre, shall not cover the inlet port. This requirement does not apply to those parts of the transfer/scavenging port which coincide with the inlet port in the case of vehicles the engine of which is equipped with an induction system incorporating reed valve(s). 3.2.2.4. For two-stroke engines, rotation of the piston through 180° shall not increase engine performance. 3.2.3. Exhaust system 3.2.3.1. No artificial restriction is permitted in the exhaust system. The valve guides of a four-stroke engine are not to be considered artificial restrictions. 3.2.3.2. Removing the resonator tube, if installed, shall not result in an increase in propulsion unit performance. 3.2.3.3. The part(s) of the exhaust system inside the silencer(s) which determine(s) the effective length of the exhaust pipe shall be affixed to the silencer(s) or expansion box(es) in such a way that it (they) cannot be removed. 3.5. Continuous Variable Transmission (CVT) 3.5.1. CVT Transmission covers, if available, shall be fixed by means of at a minimum 2 shear bolts or be disassembled only by using special tools. 3.5.2. The CVT mechanism intended to limit the drive ratio by limitation of the effective distance between two discs shall be fully integrated in one or both discs in such a way that it is impossible to modify the effective distance beyond a limit that would result in an increase of the maximum vehicle speed of more than 10 % of this maximum permissible vehicle speed without destroying the disc system. If the manufacturer employs interchangeable spacer rings in the CVT to adjust the maximum vehicle speed, the complete removal of these rings shall not increase the maximum vehicle speed with more than 10 %. 4. Additional specific requirements for (sub)categories L3e-A1 and L4e-A1 4.1. Subcategory L3e-A1 and L4e-A1 vehicles shall comply with the requirements of either point 3.2.1, 3.2.2.1 or 3.2.3.1 and comply with the requirements set out in points 3.2.3.2 and 3.2.3.3. 4.2. Intake system An irremovable sleeve shall be located in the inlet conduit. 4.2.1. If such a sleeve is located in the intake pipe, the latter shall be fixed to the engine block by means of shear-bolts or bolts removable only using special tools. 4.2.2. The sleeve shall have a minimum hardness of 60 HRC. In the restricted section it shall not exceed 4 mm in thickness. 4.2.3. Any interference with the sleeve aimed at removing or modifying it shall lead to either the destruction of the sleeve and its support or complete and permanent malfunctioning of the engine until it is restored to its approved condition. 4.2.4. A marking with indication of the vehicle category or categories shall be legible on the surface of the sleeve or not far from it. 4.2.5. Each intake pipe shall be fixed with shear-bolts or bolts removable only using special tools. A restricted section, indicated on the outside, shall be located inside the pipes; at that point the wall shall be less than 4 mm in thickness, or 5 mm if composed of a flexible material such as rubber. 4.2.6. Any interference with the pipes aimed at modifying the restricted section shall lead to either the destruction of the pipes or complete and permanent malfunctioning of the engine until they are restored to their approved condition. 4.2.7. A marking with indication of the vehicle (sub)category as defined in Articles 2 and 4 of, and Annex I to, Regulation (EU) No 168/2013 shall be legible on the pipes. 4.2.8. The part of the inlet conduit located in the cylinder head shall have a restricted section. In the whole inlet passage, there shall not be a more restricted section (except the valve-seat section). 4.2.9. Any interference with the conduit aimed at modifying the restricted section shall lead to either the destruction of the pipe or complete and permanent malfunctioning of the engine until it is restored to its approved condition. 4.2.10. A marking with indication of the vehicle category as referred to in Article 39 of Regulation (EU) No 168/2013 shall be legible on the cylinder head. 4.2.11. The diameter of the restricted sections referred to in point 4.2 may vary according to the (sub)category vehicle concerned. 4.2.12. The manufacturer shall supply the diameter(s) of the restricted section(s) and demonstrate to the approval authority and technical service that this restricted section is the most critical for the passage of gases, and that there is no other section which, if modified, could increase propulsion unit performance. 5. Additional specific requirements for other (sub)categories of vehicle within the scope of point 1.3. 5.1. For vehicles of subcategory L3e-A2 or L4e-A2 vehicle any variant or version among the same type shall not have a maximum net engine power and/or maximum continuous rated power that exceed the double of that power. 5.2. The manufacturer shall declare that modifications and interchangeability of the characteristics and components listed below shall not lead to: — for vehicles of subcategory L3e-A2 and L4e-A2, exceeding the double of the net engine power or maximum continuous rated power, or — for vehicles of category L7e, exceeding the approved propulsion unit performance; 5.2.1. spark delivery of the ignition system, if applicable; 5.2.3. fuel feed and delivery system; 5.2.4. air intake system including air filter(s) (modification or removal); 5.2.5. the drive train; 5.2.6. the control unit(s) that control(s) the propulsion unit performance of the powertrain; 5.2.7. removal of any component (mechanical, electrical, structural, etc.) which limits full engine load leading to any change in the propulsion unit performance approved in accordance with Annex II(A) to Regulation (EU) No 168/2013.

ANNEX III Requirements applying to arrangements for type-approval procedures 1. Type-approval process 1.1. When receiving an application for vehicle type-approval, the approval authority shall: 1.1.1. verify that all EU type-approval certificates issued pursuant to the regulatory acts which are applicable for vehicle type-approval cover the vehicle type and correspond to the prescribed requirements; 1.1.2. by reference to the documentation make sure that the vehicle specifications and data contained in the vehicle information document are included in the data in the information packages and in the EU type-approval certificates in respect of the relevant regulatory acts; 1.1.3. when an item number in the information document is not included in the information package of any of the regulatory acts, confirm that the relevant part or characteristic conforms to the particulars in the information folder; 1.1.4. on a selected sample of vehicles from the type to be approved carry out or arrange to be carried out inspections of vehicle parts and systems to verify that the vehicle(s) is/are built in accordance with the relevant data contained in the authenticated information package in respect of the relevant EU type-approval certificates; 1.1.5. carry out or arrange to be carried out relevant installation checks in respect of separate technical units where applicable; 1.1.6. carry out or arrange to be carried out necessary checks in respect of the presence of the devices provided for in Annex II to Regulation (EU) No 168/2013; 1.1.7. carry out or arrange to be carried out necessary checks in order to ensure that the requirements regarding gaseous-fuel systems are fulfilled, if applicable. 2. Combination of technical specifications 2.1. The number of vehicles to be submitted shall be sufficient to permit the proper check of the various combinations to be type-approved according to the following criteria: 2.1.1. vehicle type, variants and versions; 2.1.2. vehicle and propulsion family; 2.1.3. transmission; 2.1.4. body style; 2.1.5. number of doors; 2.1.6. number of seating positions. 3. Specific provisions 3.1. Where no approval certificates for any of the relevant regulatory acts are available, the approval authority shall: 3.1.1. arrange for the necessary tests and checks as required by each of the relevant regulatory acts; 3.1.2. verify that the vehicle conforms to the particulars in the vehicle information folder and that it meets the technical requirements of each of the relevant regulatory acts; 3.1.3. carry out or arrange to be carried out relevant installation checks in respect of separate technical units where applicable; 3.1.4. carry out or arrange to be carried out necessary checks in respect of the presence of the devices provided for in Annex II to Regulation (EU) No 168/2013 where applicable; 3.1.5. carry out or arrange to be carried out necessary checks in order to ensure that the requirements regarding gaseous-fuel systems are fulfilled, if applicable. 4. Provisions regarding conversion of subcategories (L3e/L4e)-A2 and (L3e/L4e)-A3 motorcycles 4.1. General Provisions for conversion shall only apply to subcategories (L3e/L4e)-A2 and (L3e/L4e)-A3 motorcycles with and without side-car and vice versa. 4.2. Conversion specified for subcategory (L3e/L4e)-A2 motorcycle to a (L3e/L4e)-A3 motorcycle and vice versa shall be permitted under the following controlled conditions: 4.2.1. Type-approval The manufacturer shall conduct in type-approval separate tests for the (L3e/L4e)-A2 and (L3e/L4e)-A3 motorcycle configurations and demonstrate to the technical service and to the satisfaction of the approval authority the L3e motorcycle’s compliance with the provisions of point 4 and separately report on the following requirements: 4.2.2. Environmental and propulsion unit performance requirements set out in Chapter III of Regulation (EU) No 168/2013, and tests referred to in Annexes II, V, VI and VII to that Regulation (EU) No 168/2013: 4.2.2.1. the environmental test types I, II, V, VII, VIII and IX referred to in Annex V to Regulation (EU) No 168/2013; 4.2.2.2. the propulsion unit performance requirements and tests referred to in Annex II(A2) to Regulation (EU) No 168/2013; 4.2.2.3. the vehicle/propulsion family definitions shall be separately determined and reported for the (L3e/L4e)-A2 and for the (L3e/L4e)-A3 motorcycle configurations. 4.2.3. Functional safety requirements: tests shall be conducted and the associated requirements shall be met according to points (B2), (B4), (B14), (B17) and (B18) of Annex II to Regulation (EU) No 168/2013; 4.2.4. Vehicle construction tests shall be conducted and the associated requirements shall be met according to points (C1) and (C10) of Annex II to Regulation (EU) No 168/2013 in the (L3e/L4e)-A2 configuration. 4.2.5. All other type-approval requirements than the ones listed in point 4.1.1.1 which are set out in Annex II to Regulation (EU) No 168/2013 shall be regarded as common and equal between the (L3e/L4e)-A2 and (L3e/L4e)-A3 motorcycle configurations and shall therefore only be tested and reported once for both performance configurations. For the systems, components, separate technical units, parts or equipment of the vehicle unaffected by the conversion it shall be allowed to use the same test reports. 4.2.6. One WVTA shall be issued for the category L3e-A2 motorcycle having a unique EU type-approval number. A special section in the information document and in the type-approval certificate shall reflect the information on the type-designation, type-approval number, technical data of the converted vehicle as well as the description of the parts, software, etc. to convert the vehicle into the L3e-A3 configuration. 4.2.7. One WVTA shall be issued for the L3e-A3 motorcycle having a unique EU type-approval number. The special section in the information document as referred to in point 4.1.2 shall be added into the type-approval file of the L3e-A3 vehicle. 4.2.8. If the complete information for the conversion is not available at the time of type-approval the completed information may be introduced with an extension of the EU-WVTA. If only the number of the other EU-WVTA is missing, it may be added with a revision of the EU-WVTA. 4.2.9. Electronic information of the (L3e/L4e)-A2 or A3 motorcycle The manufacturer shall program the applicable motorcycle subcategory ‘L3e-A2’ or ‘L3e-A3’ in the PCU/ECU memory of the motorcycle when converting from the (L3e/L4e)-A2 to (L3e/L4e)-A3 configuration or vice versa. 4.2.9.1. This electronic information shall be made available in a readable format on request of a generic scan tool in complying with the provisions set out in Annex XII. 4.2.9.2. This electronic information shall be protected against tampering in accordance with point 2.8 of Annex II. 4.2.9.3. On request of the motorcycle manufacturer the vehicle may be exempted from complying with the requirements in point 4.2.9.1 and 4.2.9.2 up until 1 January 2020 under the condition that a comprehensive technical justification will be added to the information folder. 4.2.10. The Certificate of Conformity (CoC) shall only bear the data of one vehicle configuration, either (L3e/L4e)-A2 or (L3e/L4e)-A3, at the end of the production line in the factory when finally set to one of the two possible configurations. 4.2.11. Only one vehicle identification number (VIN) of the (L3e/L4e)-A2 and A3 motorcycle type shall be assigned to motorcycles which can be converted from subcategories (L3e/L4e)-A2 to (L3e/L4e)-A3 or vice versa. The statutory plate fitted on the vehicle shall contain this VIN and shall bear the two EU type-approval numbers with clear indication of the stationary noise levels and engine powers in both configurations. 4.3. Conversion Conversion of the (L3e/L4e)-A2 to the (L3e/L4e)-A3 configuration or vice versa shall only be performed and controlled by the motorcycle manufacturer. 4.3.1. The manufacturer shall issue a declaration on request of the vehicle owner bearing the necessary information for the conversion linked by the VIN to the CoC according to the template in the annex of the certificate of conformity set out in Article 38(2) of Regulation (EU) No 168/2013 and declare that from the technical perspective the approved L3e motorcycle may be converted to the (L3e/L4e)-A2 or (L3e/L4e)-A3 performance levels. 4.3.2. This manufacturer declaration shall include: the EU-Whole Vehicle type-approval (‘WVTA’) numbers, the changed data (with reference to the type-approval numbers concerned in the CoC), a brief description of the parts or equipment to be changed and the software ID and calibration verification numbers for both configurations. A specimen of the filled-out manufacturer declaration shall be included in the information folder. 4.4. First registration A Member State shall not refuse first registration and shall not require any additional testing for the purposes of first registration of a new (L3e/L4e)-A2 or (L3e/L4e)-A3 motorcycle if the new motorcycle (L3e/L4e)-A2 is converted to the (L3e/L4e)-A3 performance level or vice versa under the following conditions: 4.4.1. the reading of the generic scan tool referred to in point 4.2.9 indicates the appropriate (L3e/L4e)-A2 or (L3e/L4e)-A3 configuration and a visual inspection leads to the conclusion, that all parts of the motorcycle necessary for the conversion are changed and/or mounted; 4.4.2. the vehicle owner presents a valid Certificate of Conformity with the annexed manufacturer declaration referred to in point 4.3.1. 5. Procedures to be followed during multi-stage EU type-approval 5.1. General 5.1.1. The satisfactory operation of the process of multi-stage EU type-approval requires joint action by all the manufacturers concerned. To this end type-approval authorities shall ensure, before granting first and subsequent stage approval, that suitable arrangements exist between the relevant manufacturers for the supply and interchange of documents and information such that the completed vehicle type meets the technical requirements of all the provisions laid down in Regulation (EU) No 168/2013. Such information shall include details of relevant system, component and separate technical unit approvals and of vehicle parts which form part of the incomplete vehicle but are not yet approved. 5.1.2. Type-approvals in accordance with point 5 are granted on the basis of the current state of completion of the vehicle type and shall incorporate all approvals granted at earlier stages. 5.1.3. Each manufacturer in a multi-stage EU type-approval process is responsible for the approval and conformity of production of all systems, components or separate technical units manufactured by him or added by him to the previously built stage. He is not responsible for subjects which have been approved in an earlier stage except in those cases where he modifies relevant parts to an extent that the previously granted approval becomes invalid. 5.2. Procedures The approval authority shall: 5.2.1. verify that all EU type-approval certificates issued pursuant to the regulatory acts which are applicable for vehicle type-approval cover the vehicle type at its state of completion and correspond to the prescribed requirements; 5.2.2. verify, in accordance with Article 25(6) of Regulation (EU) No 168/2013 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. 5.2.3. ensure, in accordance with Article 25(7) of Regulation (EU) No 168/2013, that the choice of approval procedure does 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. 5.2.4. ensure that all the relevant data, taking account of the state of completion of the vehicle, is included in the information folder; 5.2.5. by reference to the documentation make sure that the vehicle specification(s) and data contained in Part I of the vehicle information folder are included in the data in the information packages and in the EU type-approval certificates, in respect of the relevant regulatory acts; and in the case of a completed vehicle, where an item number in Part I of the information folder is not included in the information package of any of the regulatory acts, confirm that the relevant part of characteristic conforms to the particulars in the information folder; 5.2.6. on a selected sample of vehicles from the type to be approved carry out or arrange to be carried out inspections of vehicle parts and systems to verify that the vehicle(s) is/are built in accordance with the relevant data contained in the authenticated information package in respect of all relevant regulatory acts; 5.2.7. carry out or arrange to be carried out relevant installation checks in respect of separate technical units where applicable. 5.3. The number of vehicles to be inspected for the purposes of point 4.2.4 shall be sufficient to permit the proper control of the various combinations to be EU type-approved according to the state of completion of the vehicle and the criteria set out in 2.1. 6. Specific conditions required of virtual testing methods and regulatory acts for which virtual and/or self-testing methods may be used by a manufacturer or a technical service 6.0. Objectives and scope 6.0.1. This point 6 lays down appropriate provisions concerning virtual testing in accordance with Article 32(6) of Regulation (EU) No 168/2013. It shall not apply to the second subpoint of Article 32(3) of that Regulation. 6.0.2. This point 6 also sets out topics for self-testing in accordance with the requirements in Article 64(1) of Regulation (EU) No 168/2013. 6.1. List of delegated acts and their annexes Table 3-1 Overview of requirements listed in Regulation (EU) No 168/2013 regarding virtual and self-testing Requirements listed in Regulation (EU) No 168/2013 Virtual and/or self-testing applicable ? Subject Restrictions/Comments Section (A2) of Annex II Self-testing Testing procedures on maximum design vehicle speed Only for subcategories L3e-A3, L4e-A3 and L5e and does not include any other propulsion unit performance testing. Section (B1) of Annex II Self-testing Audible warning devices Installation only Section (B7) of Annex II Self-testing Driver-operated controls including identification of controls, tell-tales and indicators Speedometer only Section (B8) of Annex II Virtual testing Installation of lighting and light signalling devices Dimensions only Section (B9) of Annex II Virtual testing Rearward visibility Installation only; only according to UNECE regulation No 81 Section (B14) of Annex II Virtual testing Installation of tyres Only where clearance exceeds 10 mm. Section (C13) of Annex II Self- and Virtual testing Registration plate space Section (C15) of Annex II Self-testing Stands Only point 2.5 stand retention systems. Article 39 of Regulation (EU) No 168/2013 Self-testing Statutory plate and EU type-approval mark 7. General conditions required for virtual testing methods 7.1. Virtual test pattern The following scheme shall be used as a basic structure for describing and conducting virtual testing: 7.1.1. purpose; 7.1.2. structure model; 7.1.3. boundary conditions; 7.1.4. load assumptions; 7.1.5. calculation; 7.1.6. assessment; 7.1.7. documentation. 7.2. Fundamentals of computer simulation and calculation 7.2.1. Mathematical model The mathematical model shall be supplied by the manufacturer. It shall reflect the complexity of the structure of the vehicle, system and components to be tested in relation to the requirements of the regulatory act and its boundary conditions. The same provisions shall apply mutatis mutandis for testing components or technical units independently from the vehicle. 7.2.2. Process of validating the mathematical model The mathematical model shall be validated in comparison with the actual test conditions. A physical test shall be conducted for the purposes of comparing the results obtained when using the mathematical model with the results of a physical test. Comparability of the test results shall be proven. A validation report shall be drafted by the manufacturer or by the technical service and submitted to the approval authority. Any change made to the mathematical model or to the software likely to invalidate the validation report shall be brought to the attention of the approval authority, which may require that a new validation process is conducted. The flow chart of the validation process is shown in Appendix 3. 7.2.3. Documentation The data and auxiliary tools used for the simulation and calculation shall be made available by the manufacturer and be documented in a suitable way. 7.2.4. Tools and support At the request of the technical service, the manufacturer shall supply or provide access to the necessary tools, including appropriate software. 7.2.5. In addition, the manufacturer shall provide appropriate support to the technical service. 7.2.6. Providing access and support to a technical service does not remove any obligation of the technical service regarding the skills of its personnel, the payment of licence rights and respect of confidentiality. 8. Validation process for virtual testing 8.1. Figure 3-1 Virtual testing validation process flow chart

ANNEX IV Requirements applying to conformity of production 0. Objectives 0.1. The conformity of production (CoP) procedure aims to ensure that each vehicle, system, component, separate technical unit, part or equipment produced is in conformity with the approved type. 0.2. Procedures include inseparably the assessment of quality-assurance management systems, referred to below as ‘initial assessment’ and verification and production-related controls, referred to as ‘product conformity arrangements’. 1. Initial assessment 1.1. Before granting type-approval, the approval authority shall verify the existence of satisfactory arrangements and procedures established by the manufacturer for ensuring effective control so that vehicles, systems, components or separate technical units when in production conform to the approved type. 1.2. Guidance for conducting assessments may be found in the EN ISO 19011:2011 standard — Guidelines for quality and/or environmental management systems auditing. 1.3. The requirement in point 1.1 shall be verified to the satisfaction of the approval authority granting type-approval. The approval authority shall be satisfied with the initial assessment and the product conformity arrangements in section 2 below, taking account — as necessary — of one of the arrangements described in points 1.3.1 to 1.3.3 or a combination of those arrangements in full or in part as appropriate. 1.3.1. The initial assessment and/or verification of product conformity arrangements shall be carried out by the approval authority granting the approval or by a technical service designated to act on behalf of that authority. 1.3.1.1. When considering the extent of the initial assessment to be carried out, the approval authority may take account of available information relating to: 1.3.1.1.1. the manufacturer’s certification described in point 1.3.3 below, which has not been qualified or recognised under that point; 1.3.1.1.2. in the case of type-approval of systems, components or separate technical units, quality system assessments performed by vehicle manufacturer(s) on the premises of the manufacturer(s) of the system, component or separate technical units, according to one or more of the industry sector specifications satisfying the requirements in the EN ISO 9001:2008 or ISO/TS16949:2009 standards. 1.3.2. The initial assessment and/or verification of product conformity arrangements may be carried out by the approval authority of another Member State, or the technical service designated for this purpose by that authority. 1.3.2.1. In such a case, the approval authority of the other Member State shall prepare a statement of compliance outlining the areas and production facilities it has covered as relevant to the product(s) to be type-approved and to the EU Regulations according to which these products are to be type-approved. 1.3.2.2. On receiving an application for a compliance statement from the approval authority granting type-approval, the approval authority of another Member State shall send forthwith the statement of compliance or advise that it is not in a position to provide such a statement. 1.3.2.3. The statement of compliance shall include at least the following: 1.3.2.3.1. group or company (e.g. XYZ automotive); 1.3.2.3.2. particular organisation (e.g. regional division); 1.3.2.3.3. plants/sites (e.g. engine plant 1 (in country A) — vehicle plant 2 ( in country B)); 1.3.2.3.4. vehicle/component range (e.g. all category LXe models); 1.3.2.3.5. areas assessed (e.g. engine assembly, body pressing and assembly, vehicle assembly); 1.3.2.3.6. documents examined (e.g. company and site quality manual and procedures); 1.3.2.3.7. date of the assessment (e.g. audit conducted from dd/mm/yyyy to dd/mm/yyyy); 1.3.2.3.8. planned monitoring visit (e.g. mm/yyyy); 1.3.3. The approval authority may also accept the manufacturer’s certification to the international EN ISO 9001:2008 or ISO/TS16949:2009 standard (the scope of this certification shall in that case cover the product(s) to be approved) or an equivalent certification standard as satisfying the initial assessment requirements of point 1.1, provided that conformity of production is indeed covered by the quality management system. The manufacturer shall provide details of the certification and undertake to inform the approval authority of any revisions to its validity or scope of that certification. 1.4. For the purpose of vehicle type-approval, the initial assessments carried out for granting approvals for systems, components and separate technical units of the vehicle need not be repeated but shall be complemented by an assessment covering the locations and activities relating to the assembly of the whole vehicle not covered by the former assessments. 2. Product conformity arrangements 2.1. Every vehicle, system, component, separate technical unit, part or item of equipment pursuant to a UNECE regulation annexed to the Revised 1958 Agreement and to Regulation (EU) No 168/2013 shall be so manufactured as to conform to the type approved by meeting the requirements of this Annex, the said UNECE regulation(s) and Regulation (EU) No 168/2013. 2.2. Before granting a type-approval pursuant to Regulation (EU) No 168/2013 and to a UNECE regulation annexed to the Revised 1958 Agreement, the approval authority shall verify the existence of adequate arrangements and documented control plans, to be agreed with the manufacturer for each approval, to carry out at specified intervals those tests or associated checks necessary to verify continued conformity with the approved type, including, where applicable, tests specified in Regulation (EU) No 168/2013 and the said UNECE regulation. 2.3. The holder of the type-approval shall, in particular: 2.3.1. ensure the existence and application of procedures for effective control of the conformity of products (vehicles, systems, components, separate technical units, parts or equipment) to the approved type; 2.3.2. have access to the testing or other appropriate equipment necessary for checking conformity to each approved type; 2.3.3. ensure that test or check result data are recorded and that annexed documents remain available for a period of up to 10 years to be determined in agreement with the approval authority; 2.3.4. analyse the results of each type of test or check, in order to verify and ensure the stability of the product characteristics, making allowance for variation in industrial production; 2.3.5. ensure that for each type of product, at least the checks and the tests prescribed in Regulation (EU) No 168/2013 and its delegated and implementing acts as well as set out in the referenced and applicable UNECE regulation therein are carried out; 2.3.6. ensure that any set of samples or test pieces giving evidence of non-conformity in the type of test in question gives rise to a further sampling and test. All the necessary steps shall be taken to restore the production process to ensure conformity with the approved type. 2.4. In the case of step-by-step, mixed or multi-stage type-approvals, the approval authority granting whole vehicle type-approval may request specific details regarding compliance with the conformity of production requirements set out in this Annex from any approval authority that granted type-approval of any relevant system, component or separate technical unit. 2.5. If the approval authority granting whole vehicle type-approval is not satisfied with the reported information referred to in point 2.4 and has communicated this in writing to the manufacturer in question and the approval authority granting type-approval for the system, component or separate technical unit, the approval authority granting whole vehicle type-approval shall demand additional conformity of production audits or checks to be performed at the site of the manufacturer(s) of those systems, components or separate technical units and the results shall immediately be made available to the approval authority concerned. 2.6. If points 2.4 and 2.5 apply and the further audit or check results are deemed not to be satisfactory in the opinion of the approval authority granting whole vehicle type-approval, the manufacturer shall ensure that conformity of production is restored as soon as possible by corrective actions to the satisfaction of the approval authority granting whole vehicle type-approval and to the satisfaction of the approval authority granting type-approval of the system, component or separate technical unit. 3. Continued verification arrangements 3.1 The authority which has granted type-approval may at any time verify the conformity of production control methods applied in each production facility by means of periodic audits. The manufacturer shall for that purpose allow access to the manufacture, inspection, testing, storage and distribution sites and shall provide all necessary information with regard to the quality management system documentation and records. 3.1.1. The normal approach for such periodic audits shall be to monitor the continued effectiveness of the procedures laid down in sections 1 and 2 (initial assessment and product conformity arrangements). 3.1.1.1. Surveillance activities carried out by the technical services (qualified or recognised as required in point 1.3.3) shall be accepted as satisfying the requirements of point 3.1.1 with regard to the procedures established at initial assessment. 3.1.1.2. The normal frequency of these verifications by the approval authority (other than those referred to in point 3.1.1.1) shall be such as to ensure that the relevant conformity of production controls applied in accordance with sections 1 and 2 are reviewed over a period consistent with the climate of trust established by the approval authority. 3.2. At every review, the records of tests and checks and production records, in particular records of those tests or checks documented as required in point 2.2, shall be available to the inspector; 3.3. The inspector may select random samples to be tested in the manufacturer’s laboratory or in the facilities of the technical service, in which case only physical tests shall be carried out. The minimum number of samples may be determined according to the results of the manufacturer’s own verification. 3.4. Where the level of control appears unsatisfactory, or when it seems necessary to verify the validity of the tests carried out in application of point 3.2, the inspector shall select samples to be sent to the technical service to perform physical tests according to the requirements regarding conformity of production set out in point 4 and in the UNECE regulations referred to in Regulation (EU) No 168/2013 or in its delegated acts. 3.5. Where unsatisfactory results are found during an inspection or a monitoring review, the approval authority shall ensure that all necessary steps are taken to restore conformity of production as rapidly as possible. 3.6. In cases where compliance with UNECE regulations is required by Regulation (EU) No 168/2013 or its delegated acts, the manufacturer may choose to apply the provisions of this Annex as an equivalent alternative to the conformity of production requirements in the respective UNECE regulations. However, if points 3.5 or 3.6 apply, all separate conformity of production requirements in the UNECE regulations have to be complied with to the satisfaction of the approval authority until it decides that conformity of production has been restored. 4. Conformity of production test requirements in cases of an unsatisfactory level of product conformity control as referred to in point 3.4. 4.1. Environmental and propulsion unit performance requirements 4.1.1. Test type I on emissions after cold start, type II on increased idle emissions and type VII on measurement of CO2 emissions, fuel consumption, electric energy consumption and electric range determination 4.1.1.1. Vehicles shall be manufactured in conformity with the approved vehicle type. 4.1.1.2. Appropriate conformity of production checks shall be carried out to verify compliance with the conditions referred to in point 4.1.1.1. 4.1.1.3. Vehicles powered by an internal combustion engine only: 4.1.1.3.1. As a general rule, measures to ensure the conformity of production with regard to tailpipe and CO2 emissions from vehicles are to be checked on the basis of the description in the type-approval certificate conforming to the model set out in Article 30(2) of Regulation (EU) No 168/2013. The control of production conformity is based on an assessment by the approval authority of the manufacturer’s auditing procedure in order to ensure conformity of the manufactured vehicle with respect to the tailpipe and CO2 emissions. If the approval authority is not satisfied with the standard of the manufacturer’s auditing procedure, it may require that verification tests be carried out on vehicles in production. 4.1.1.3.1.1. Measurements of the tailpipe and CO2 emissions of a vehicle type that has had one or several extensions shall be carried out on the vehicle(s) available at the time of the test (vehicle(s) described in the first document or in subsequent extensions). 4.1.1.3.1.1.1. Conformity of the vehicle for type I, tailpipe emissions after cold start and type VII, CO2 emission test 4.1.1.3.1.1.1.1. Three vehicles shall be randomly selected from the series and tested according to the requirements set out in Articles 23 and 24 of Regulation (EU) No 168/2013. Deterioration factors shall be applied to the average of the test type I pollutant emission test results as follows: 4.1.1.3.1.1.1.1.1. If the durability method set out in Article 23(3a) of Regulation (EU) No 168/2013 is applicable, the deterioration factors shall be calculated from the type I emission test results up to and including full mileage referred to in Annex VII(A) to Regulation (EU) No 168/2013 and in accordance with the linear calculation method referred to in point 4.1.1.3.1.1.1.1.2 resulting in slope and offset values per emission constituent. The CoP pollutant emission results shall be calculated with the formula: Equation 4-1: where: a = slope value determined according to test type V according to Annex V(A) to Regulation (EU) No 168/2013; b = offset value determined according to test type V according to Annex V(A) to Regulation (EU) No 168/2013; x = pollutant emission (HC, CO, NOx, NMHC and PM if applicable) test result per emission constituent of a degreened vehicle (maximum accumulated 100 km after the first start on the production line) in mg/km. y = CoP emission result per pollutant emission constituent in mg/km. The average CoP results shall be lower than the pollutant emission limits set out in Annex VI(A) to Regulation (EU) No 168/2013. 4.1.1.3.1.1.1.1.2. If the durability method set out in Article 23(3)(b) of Regulation (EU) No 168/2013 is applicable, the deterioration factor shall consist of the slope and offset value per emission constituent calculated to comply with test type V according to Annex V(A) to Regulation (EU) No 168/2013. Equation 4-1 shall be used to calculate the CoP emission results per pollutant emission constituent (y). 4.1.1.3.1.1.1.1.3. If the durability method set out in Article 23(3)(c) of Regulation (EU) No 168/2013 is applicable, the fixed deterioration factors, set out in Annex VII(A) to Regulation (EU) No 168/2013, shall be used as slope values with the offset value set to 0. Equation 4-1 shall be used to calculate the average CoP emission results per pollutant emission constituent (y). 4.1.1.3.1.1.1.1.4. The average test type VII results (CO2 emissions, fuel/energy consumption and electric range if applicable) shall be lower than or equal to the declared values by the manufacturer at type-approval. 4.1.1.3.1.1.1.1.5. If the average emissions of the first two vehicles comply with the requirements laid down in point 4.1.1.3.1.1.1.1 then the production conformity is considered as satisfactory. 4.1.1.3.1.1.1.2. If the average emissions of the first two vehicles do not comply, the CoP procedure continues as follows: 4.1.1.3.1.1.1.2.1. If the authority is satisfied with the production standard deviation given by the manufacturer, the tests are carried out according to point 4.1.1.3.2. 4.1.1.3.1.1.1.2.2. If the authority is not satisfied with the production standard deviation given by the manufacturer, the tests are carried out according to point 4.1.1.3.3. 4.1.1.3.1.1.1.3. The production of a series is regarded as conforming or non-conforming, on the basis of tests on the three sampled vehicles, once a pass or fail decision is reached for tailpipe and CO2 emissions according to the test criteria applied in the appropriate table. If no pass or fail decision is reached for tailpipe and CO2 emissions, a test is carried out on an additional vehicle (see Figure 4-1). 4.1.1.3.1.1.1.4. In the case of periodically regenerating systems, the results shall be multiplied by the factor Ki obtained at the time when type-approval was granted. At the request of the manufacturer, testing may be carried out immediately after a regeneration has been completed. Figure 4-1 Pass/fail criteria for Type I, II and VII testing 4.1.1.3.1.1.2. Notwithstanding the environmental requirements set out in Article 23 and 24 of Regulation (EU) No 168/2013, the tests will be carried out on vehicles which have travelled a maximum distance of 100 km after first start at the production line. 4.1.1.3.1.1.2.1. However, at the request of the manufacturer, the tests will be carried out on vehicles which have been run in a maximum of 1 000 km. In this case, the running-in procedure will be conducted by the manufacturer, who shall undertake not to make any adjustments to those vehicles. 4.1.1.3.1.1.2.2. If the manufacturer asks to be allowed to conduct a running-in procedure (‘x’ km, where x ≤ 1 000 km), it may be carried out as follows: The tailpipe and CO2 emissions will be measured at maximum 100 km after first start on the production line and at ‘x’ km on the first tested vehicle (which can be the type-approval vehicle); The evolution coefficient (EC) of the emissions between 100 km and ‘x’ km will be calculated as follows: Equation 4-2: The value of EC may be less than 1. The subsequent vehicles will not be subjected to the running-in procedure, but their 100 km emissions will be modified by the EC. In this case, the values to be taken will be: The value at ‘x’ km for the first vehicle; The values at maximum 100 km multiplied by the evolution coefficient (EC) for the subsequent vehicles. 4.1.1.3.1.1.2.3. As an alternative to this procedure, the vehicle manufacturer can use a fixed EC of 0,92 and multiply all values of tailpipe and CO2 emissions measured at zero km by this factor. 4.1.1.3.1.1.2.4. Tests for conformity of production may be performed with a commercial fuel of which the C3/C4 ratio lies between those of the reference fuels referred to in Annex II(A1) to Regulation (EU) No 168/2013 in the case of LPG, or of which the Wobbe index lies between those of the extreme reference fuels in the case of NG or H2NG. In that case, a fuel analysis shall be presented to the approval authority. 4.1.1.3.2. Conformity of production when manufacturer’s statistical data are available 4.1.1.3.2.1. The following sections describe the procedure to be used to verify the tailpipe and CO2 emission conformity of production requirements when the manufacturer’s production standard deviation is again satisfactory. 4.1.1.3.2.2. With a minimum sample size of three, the sampling procedure is set so that the probability of a lot passing a test with 40 % of the production defective is 0,95 (producer’s risk = 5 %), while the probability of a lot being accepted with 65 % of the production defective is 0,1 (consumer’s risk = 10 %). 4.1.1.3.2.3. The following procedure is used (see Figure 4-1): Let L be the natural logarithm of the tailpipe emission limits set out in Annex VI(A) to Regulation (EU) No 168/2013 and the declared CO2 type-approval emission value: xi = the natural logarithm of the measurement for the i-th vehicle of the sample; s = an estimate of the production standard deviation (after calculating the natural logarithm of the measurements); n = the current sample number. 4.1.1.3.2.4. Compute for the sample, the test statistic quantifying the sum of the standardised deviations to the limit and defined as: Equation 4-2: 4.1.1.3.2.5. Then: 4.1.1.3.2.5.1. if the test statistic is greater than the pass decision number for the sample given in Table 4-1, a pass decision is reached; 4.1.1.3.2.5.2. if the test statistic is less than the fail decision number for the sample size given in Table 4-1, a fail decision is reached; 4.1.1.3.2.5.3. otherwise, an additional vehicle is tested according to Annex II(A) to Regulation (EU) No 168/2013 and the procedure is applied to the sample with one unit more. 4.1.1.3.2.5.4. Table 4-1 Pass/fail decision depending on sample size; conformity of production when manufacturer’s statistical data are available Sample Size (cumulative number of vehicles tested) Pass Decision No Fail Decision No (a) (b) (c) 3 3,327 –4,724 4 3,261 –4,79 5 3,195 –4,856 6 3,129 –4,922 7 3,063 –4,988 8 2,997 –5,054 9 2,931 –5,12 10 2,865 –5,185 11 2,799 –5,251 12 2,733 –5,317 13 2,667 –5,383 14 2,601 –5,449 15 2,535 –5,515 16 2,469 –5,581 17 2,403 –5,647 18 2,337 –5,713 19 2,271 –5,779 20 2,205 –5,845 21 2,139 –5,911 22 2,073 –5,977 23 2,007 –6,043 24 1,941 –6,109 25 1,875 –6,175 26 1,809 –6,241 27 1,743 –6,307 28 1,677 –6,373 29 1,611 –6,439 30 1,545 –6,505 31 1,479 –6,571 32 –2,112 –2,112 4.1.1.3.3. Conformity of production when manufacturer’s statistical data remain unsatisfactory or unavailable 4.1.1.3.3.1. The following sections describe the procedure to be used to verify the tailpipe and CO2 emission conformity of production requirements when the manufacturer’s evidence of production standard deviation is either unsatisfactory or unavailable. 4.1.1.3.3.2. With a minimum sample size of three, the sampling procedure is set so that the probability of a lot passing a test with 40 % of the production defective is 0,95 (producer’s risk = 5 %), while the probability of a lot being accepted with 65 % of the production defective is 0,1 (consumer’s risk = 10 %). 4.1.1.3.3.3. The measurement of tailpipe and CO2 emissions is considered to be log normally distributed and should first be transformed by taking the natural logarithms. Let mo and m denote the minimum and maximum sample sizes respectively (mo = 3 and m = 32) and let n denote the current sample number. 4.1.1.3.3.4. If the natural logarithms of the measurements in the series are x1, x2, …, xj and L is the natural logarithm of the pollutant emission limits set out in Annex VI(A) to Regulation (EU) No 168/2013 and the declared CO2 type-approval value, then define: Equations 4-3: 4.1.1.3.3.5. Table 4-2 below shows values of the pass (An) and fail (Bn) decision numbers against current sample number. The test statistic is the ratio and shall be used to determine whether the series has passed or failed as follows: for mo ≤ n ≤ m: 4.1.1.3.3.5.1. pass the series if ; 4.1.1.3.3.5.2. fail the series if ; 4.1.1.3.3.5.3. take another measurement if Table 4-2 Pass/fail decision depending on sample size; conformity of production when manufacturer’s statistical data are unsatisfactory or unavailable Sample Size (cumulative number of vehicles tested) Pass Decision No An Fail Decision No Bn (a) (b) (c) 3 –0,80380 16,64743 4 –0,76339 7,68627 5 –0,72982 4,67136 6 –0,69962 3,25573 7 –0,67129 2,45431 8 –0,64406 1,94369 9 –0,61750 1,59105 10 –0,59135 1,33295 11 –0,56542 1,13566 12 –0,53960 0,97970 13 –0,51379 0,85307 14 –0,48791 0,74801 15 –0,46191 0,65928 16 –0,43573 0,58321 17 –0,40933 0,51718 18 –0,38266 0,45922 19 –0,35570 0,40788 20 –0,32840 0,36203 21 –0,30072 0,32078 22 –0,27263 0,28343 23 –0,24410 0,24943 24 –0,21509 0,21831 25 –0,18557 0,18970 26 –0,15550 0,16328 27 –0,12483 0,13880 28 –0,09354 0,11603 29 –0,06159 0,09480 30 –0,02892 0,07493 31 0,00449 0,05629 32 0,03876 0,03876 4.1.1.3.3.6. Remarks The following recursive formulae are useful for computing successive values of the test statistic: Equations 4-4: (n = 2, 3, …; ; v1 = 0) 4.1.1.3.4. The type-approval authorities issuing the approval may at any time verify the methods applied in each production unit. 4.1.1.3.5 In every inspection, the records of tests and production monitoring shall be communicated to the visiting inspector. 4.1.1.3.6. The inspector may select at random the samples to be tested in the manufacturer’s laboratory. The minimum number of samples may be determined on the basis of the results of the manufacturer’s own checks. 4.1.1.3.7. When the quality standard does not seem satisfactory or when it seems necessary to verify the validity of the tests conducted under point 9.4.2.2, the inspector shall collect samples to be sent to the technical service which carried out the approval tests. 4.1.1.3.8. The type-approval authorities may carry out all the tests prescribed in this Annex. 4.1.1.4. Vehicles powered by a hybrid electric powertrain As a general rule, measures to ensure the conformity of production with regard to tailpipe and CO2 emissions, electric energy consumption and electric range from hybrid electric vehicles is checked on the basis of the description in the type-approval certificate conforming to the model in Article 30(2) of Regulation (EU) No 168/2013. Checks on production conformity are based on an assessment made by the approval authority of the manufacturer’s auditing procedure in order to ensure conformity of the vehicle type with respect to the emission of tailpipe and CO2 emissions, electric energy consumption and range. If the authority is not satisfied with the standard of the manufacturer’s auditing procedure, it may require that verification tests be carried out on vehicles in production. Conformity for tailpipe and CO2 emissions is checked using the statistical procedures described in points 4.1.1.3.1 to 4.1.1.3.3. Vehicles are tested according to the procedure described in Annex II(A) to Regulation (EU) No 168/2013. 4.1.1.5. Replacement pollution control devices 4.1.1.5.1. In order to test conformity as required above, a sample replacement pollution control device shall be taken from the production line of the type-approved vehicle. 4.1.1.5.2. Production will be regarded as being in conformity with the provisions of this Annex if a representative parent vehicle equipped with a pollution control device randomly selected from the production line complies with the applicable requirements set out in Article 23 of Regulation (EU) No 168/2013 on environmental performance. The performance of the propulsion fitted to the representative parent vehicle shall be measured according to Annex II(A) to Regulation (EU) No 168/2013 and shall not exceed the propulsion unit performance of the original pollution control device it replaces. 4.1.1.6. Actions to be taken in case of non-conformity of production If, during inspections, non-conformity is observed, the approval authority shall ensure that all necessary steps are taken to re-establish conformity of production as soon as possible. 4.1