[pic] | EUROPEAN COMMISSION |

Brussels, 4.10.2010

COM(2010) 542 final

2010/0271 (COD)

Proposal for a

EUROPEAN PARLIAMENT AND COUNCIL REGULATION

Regulation (EU) No .../2010 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles

(Text with EEA relevance)

EN

{SEC(2010) 1151} {SEC(2010) 1152}

EXPLANATORY MEMORANDUM

1. Context of the proposal

- Grounds for and objectives of the proposal

The term ‘L-category vehicles’ covers a wide range of different vehicle types with two, three or four wheels, e.g. two- and three-wheel mopeds, two- and three-wheel motorcycles and motorcycles with side-cars. Examples of four-wheel vehicles, also referred to as quadricycles, are quads and mini-cars.

Type-approval requirements for new vehicles of the L category are currently set out in Directive 2002/24/EC1 of the European Parliament and of the Council (the ‘Framework Directive’). In addition, a series of Directives referred to in the Framework Directive contain detailed technical requirements relating to L-category vehicles.

The Commission has identified a number of key concerns associated with the current provisions for the type-approval of new L-category vehicles, which need to be addressed: – the complexity of the legal framework; – the level of emissions and its increasing share in total road transport emissions, which are decreasing overall; – vehicle functional safety aspects related to type-approval requirements; – the lack of a legal framework for vehicles fitted with new technologies; – selling and registration of certain vehicles, systems, components or separate technical units imported in the EU market which do not comply with the current type-approval requirements regarding vehicle functional safety and/or environmental protection. |

Existing provisions in the area of the proposal Framework Directive of the European Parliament and Council 2002/24/EC[1] Directives: 93/14/EEC[2] 93/30/EEC[3] 93/33/EEC[4] 93/93/EEC[5] 95/1/EC[6] 97/24/EC[7] 2000/7/EC[8] 2002/51/EC[9] 2009/62/EC[10] 2009/67/EC[11] 2009/78/EC[12] 2009/79/EC[13] 2009/80/EC[14] 2009/139/EC[15] Type-approval legislation is addressed in the political initiative ‘CARS 21’[16]. This initiative was launched in 2005 to carry out a regulatory and policy review of the automotive sector to advise the Commission on future policy options. One of the reasons for setting up CARS 21 was the concern expressed by automotive industry stakeholders that the cumulative cost of regulation had a negative effect on competitiveness and made vehicles unnecessarily expensive. The CARS 21 Final Report[17] concluded that while most of the legislation in force should be maintained for the protection of citizens and the environment, a simplification exercise should be undertaken so as to rationalise the regulatory framework and move towards international harmonisation of requirements. This simplification exercise has been planned in the ‘Commission second progress report on the strategy for simplifying the regulatory environment’[18]. Any possible initiative should be aligned with this strategy. In line with the European strategy on air quality[19], the European Union has constantly strengthened the emission standards for motor vehicles, in particular for hydrocarbons, carbon monoxide, nitrogen oxides and particulate matter. This will also be the case for this proposed regulatory framework for L-category vehicles. The type-approval measures in this legal framework are also aligned with the European Road Safety Action Plan 2011-2020 and the European Road Safety Charter (ERSC)[20], 2000-2010. The ERSC aimed to halve the number of road fatalities by 2010. Unfortunately, riders of L-category vehicles belong to a vulnerable road user group with the highest fatality and injury rates among all road users. Finally, this proposal also incorporates a number of provisions of Decision No 768/2008/EC of the European Parliament and of the Council[21] on a common framework for the marketing of products, to enhance the implementation and enforcement of the new Regulation. These specify the responsibilities of the economic operators in the supply chain and the respective market surveillance authorities involved, in particular with regard to post-market surveillance and control of products entering the European Union market. Also, the requirements for bodies or organisations to which Member States may delegate some assessment tasks of vehicles, systems, components or separate technical units are enhanced with a view to ensuring a level playing field and avoiding distortion of competition that may arise from different levels of stringency and performance applied by these third party organisations when testing, inspecting and assessing vehicles, systems, components or separate technical units for which type-approval is sought. |

2. Consultation of interested parties and impact assessment |

Consultation of interested parties The European Commission launched a public consultation seeking to gather the views of interested parties on its outlined proposals for new legislation on L-category vehicle approval. A consultation document was published[22] to provide background and ask for opinions on the new framework intended to replace the current legislative framework. The public consultation targeted those groups that would be most affected by the proposal for a new legal framework, including type-approval authorities in Member States, manufacturers, suppliers and consumers. It was published in English, French and German on a website set up specifically for that purpose. The European Commission has acknowledged the receipt of all stakeholder responses to the consultation, and these have been made publicly available[23]. |

Consultation methods, main sectors targeted and general profile of respondents In developing the proposal, the European Commission has consulted stakeholders in a number of ways: The public consultation was held from 22 December 2008 to 27 February 2009 on the internet, covering possible controversial aspects of the proposal. Reactions were received from Member States, the L-category vehicle and component manufacturing industry, transport organisations, organisations representing users, other non-governmental organisations and individual citizens. The elements of the draft proposal have been discussed in several meetings of the European Commission’s Working Group (MCWG)[24] on L-category vehicles. Finally, many bilateral meetings with individual stakeholders have been held at which their opinions and views could be freely expressed. |

Summary of responses and how they have been taken into account The European Commission received 57 responses to the internet consultation. A number of issues were raised by stakeholders. The results of the public consultation were summarised in a report[25] and presented and discussed on 29 June 2009 at a meeting of the European Commission’s Working Group on L-category vehicles (MCWG), to which all stakeholders were invited to comment. The impact assessment that accompanies this proposal gives an account of the issues raised and discusses how they have been taken into consideration. |

Impact assessment For each of the main aspects of the proposal, different options were analysed by listing possible advantages and disadvantages in terms of economic, environmental, safety and societal aspects. Qualitative and quantitative aspects were both included in this analysis. In a next step, the different options were compared and one preferred option or a logical combination of two preferred options were identified and described. These preferred options form the basis for this new Framework Regulation. The draft report was scrutinised by the Impact Assessment Board and the recommendations for its improvement were integrated in the final report as far as possible. The opinion of the Impact Assessment Board on the report is published together with this proposal, as well as the final Impact Assessment report and its executive summary. 3. Legal elements of the proposal Legal basis The legal basis of the proposal is Article 114 of the Treaty on the Functioning of the European Union (TFEU). Subsidiarity principle Prior to the establishment of EU type-approval for L-category vehicles, standards were established at Member State level. This legislation adopted by Member States often differed, and manufacturers selling vehicles, systems, components or separate technical units on several markets were then obliged to vary their production according to the Member States for which their vehicles, systems, components or separate technical units were intended and had these tested in each Member State concerned, which was time-consuming and costly. Different national rules consequently hindered trade, and had a negative effect on the establishment and functioning of the internal market. It was therefore necessary to establish directives at EU level, especially to address EU-wide trans-boundary concerns regarding safety and the adverse health and environmental effects of air pollution. High emissions in local urban settings may be controlled by Member States’ individual measures, but global emissions do not stop at the border of a Member State. This Europe-wide concern can only be addressed with harmonised, EU-wide measures. Framework Directive 2002/24/EC1, which was based on Article 95 of the Treaty establishing the European Community, was designed to do this and aimed to establish an internal market while ensuring a high level of protection of health, safety and the environment. Such a rationale is still valid today as European Union action is necessary to avoid fragmentation of the internal market and to ensure a high and equal level of protection across Europe. A further added value of EU legislation is that industry will be able to profit from economies of scale through harmonised legal requirements: for instance, vehicles, systems, components or separate technical units can be made for the whole European market, instead of being customised to obtain national type-approval for every single Member State. Also, adaptation of the legal framework to technical progress will ensure a level playing field for manufacturers with regard to new technology. Consumers will benefit from lower prices of vehicles, systems, components or separate technical units, which are constantly under pressure owing to EU-wide competition. Finally, strengthening the market surveillance measures will help ensure the same set of rules for all manufacturers selling or are responsible for the entry into service of vehicles, systems, components or separate technical units on the EU market and ensure that environmental and vehicle-safety type-approval requirements are actually effective. Proportionality principle The proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the objectives of ensuring the proper functioning of the internal market while at the same time providing for a high level of public safety and environmental protection. Choice of instruments The use of a Framework Regulation is considered to be appropriate in that it provides the required assurance for compliance while not requiring transposition into Member States’ legislation. The proposal uses the ‘split-level approach’ originally introduced at the request of the European Parliament and used in other legislation for EU type-approval of motor vehicles. This approach provides for legislation in three steps: the fundamental provisions and scope are laid down by the European Parliament and the Council in a regulation based on Article 114 TFEU in accordance with the ordinary legislative procedure. the technical specifications associated with the fundamental provisions are laid down in three delegated acts (Article 290), adopted through comitology: (1) a Regulation on environmental and propulsion performance requirements: electromagnetic compatibility; environmental test procedures related to exhaust emissions, evaporative emissions, greenhouse gas emissions and fuel consumption; maximum design engine speed, maximum torque and maximum net engine power; sound. (2) a Regulation on vehicle functional safety requirements and related subjects: audible warning devices; braking, including anti-lock and combined brake systems; electrical safety; front and rear protective structures; glazing, windscreen wipers and washers, and de-icing and demisting devices; identification of controls, tell-tales and indicators; installation of lighting and light signalling devices; rearward visibility; safety belt anchorages and safety belts; tyres; vehicle occupant protection, including interior fittings, head restraints and vehicle doors; vehicle speed limitation by design; vehicle structure integrity. (3) a Regulation on vehicle construction requirements: anti-tampering measures; coupling devices and attachments; devices to prevent unauthorised use; external projections; fuel storage; load platforms; masses and dimensions; on-board diagnostics; passenger handholds and footrests; repair and maintenance information; space for mounting the rear registration plate; stands; statutory markings. An implementing act (Article 291) sets out the administrative provisions, such as the information document, the definitions of the type-approval certificate, the certificate of conformity and associated production conformity requirements, etc. 4. Budgetary implications This proposal for a Framework Regulation has no implications for the European Union budget with regard to the first two emission-limit reduction steps (Euro 4 and 5 for motorcycles, Euro 3 and 4 for all other L-category vehicle categories). The third emission step will include a Euro 6 step motorcycles and a Euro 5 step for all other L-category vehicle categories (mopeds, tricycles and quadricycles). These limits are absolutely equivalent to the Euro 5 emission limits for passenger cars. An additional environmental effect study is planned in order to determine the short-term environmental effects of the Euro 3, 4 and 5 steps and whether the targeted Euro 6 step is appropriate within the given time. This study will be completed in the period 2016-2017 and will be financed through the Commission budget. 5. ADDITIONAL INFORMATION The proposed act concerns matters relating to the European Economic Area (EEA) and should therefore extend to the EEA. |

2010/0271 (COD)

Proposal for a

EUROPEAN PARLIAMENT AND COUNCIL REGULATION

Regulation (EU) No .../2010 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to national Parliaments,

Having regard to the opinion of the European Economic and Social Committee[26],

Having regard to the opinion of the Committee of the Regions[27]

Acting in accordance with the ordinary legislative procedure,

Whereas:

1. The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. To that end a comprehensive EC type-approval system for two- or three-wheel vehicles was established by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 on the type-approval of such vehicles1. Those principles should continue to apply for this Regulation and its delegated and implementing acts.

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

3. This Regulation aims to lay down harmonised rules for the approval of L-category vehicles, with a view to ensuring the functioning of the internal market. L-category vehicles are two-, three- or four-wheel vehicles such as powered two-wheel vehicles, tricycles, on-road quads and mini-cars. In addition, the objectives are to simplify the current legal framework, to contribute to a lower, more proportionate share in overall road transport emissions, to increase the overall level of safety, to adapt to technical progress and to strengthen the rules on market surveillance.

4. Directive 2002/24/EC and its separate directives have been substantially amended several times. In the interests of clarity, rationality and simplification, Directive 2002/24/EC and its separate directives should be repealed and replaced by one Regulation and a small number of delegated and implementing acts. The use of the form of a regulation should ensure that the provisions are directly applicable and can be updated much faster and more efficiently to take better account of technical progress.

5. In order to simplify the type-approval legislation in line with the recommendations of the report CARS 21: A Competitive Automotive Regulatory System for the 21st century[28], it is appropriate to repeal all separate directives without reducing the level of protection. The requirements set out in those directives should be carried over to this Regulation or its delegated acts and should be replaced, where appropriate, with references to the corresponding regulations of the United Nations Economic Commission for Europe (UNECE), as incorporated into Union law in accordance with Article 4 of Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Union to the Agreement of the United Nations Economic Commission for Europe. This concerns the adoption of uniform technical prescriptions for wheeled vehicles, systems, components or separate technical units which can be fitted to or used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’)[29]. To reduce the administrative burden of the type-approval process, vehicle manufactures should be allowed to type-approve in accordance with this Regulation, where appropriate, directly by means of obtaining approval under the relevant UNECE[30] regulations listed in the Annexes to this Regulation and in the separate delegated acts.

6. Consequently, UNECE regulations and the amendments thereto to which the European Union accedes, in application of Decision 97/836/EC, should be incorporated within the EU type-approval procedure either as requirements for EU vehicle type-approval, or as alternatives to existing Union law. In particular, where the Union decides that a UNECE regulation should become part of the EU vehicle type-approval requirements and replace existing legislation of the Union, the power should be delegated to the Commission to adopt the necessary adaptations to this Regulation or to adopt the necessary implementing acts.

7. This Regulation should contain substantive requirements for environmental protection and vehicle functional safety. The main elements of this Regulation are based on the results of an Impact Assessment[31] and analysing different options by listing possible advantages and disadvantages in terms of economic, environmental, safety and societal aspects. Qualitative and quantitative aspects were both included in this analysis. After comparison of the different options and identification of preferred options, they were chosen to form the basis for this Regulation.

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

9. Directive 95/1/EC of the European Parliament and the Council of 2 February 1995 on the maximum design speed, maximum torque and maximum net engine power of two- or three-wheel motor vehicles6 gave the possibility to Member States to refuse the initial registration and any subsequent registration within their territory of vehicles with a maximum net power of more than 74 kW. The anticipated correlation between safety and absolute power limitation could not be confirmed in several scientific studies. For that reason and in order to remove internal barriers to trade on the Union market, this option should no longer be maintained. Other, more effective safety measures should be introduced to help reduce the high numbers of fatalities and injuries among riders of powered two-wheel vehicles in road accidents in the Union.

10. This Regulation constitutes a set of specific safety and environmental requirements. Therefore, it is important to establish provisions to ensure that, in cases where a vehicle presents a serious risk for users or the environment, the manufacturer or any other economic operator in the supply chain has taken effective protective measures, including the recall of vehicles, within the meaning of Article 20 of Regulation 765/2008/EC of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products [32]. Approval authorities should therefore be able to assess whether these measures are sufficient or not.

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

12. Market surveillance in the automotive sector and in particular the L-category vehicle sector should be improved by enhancing the legal provisions governing conformity of production and specifying the obligations of the economic operators in the supply chain. In particular, the role and responsibilities of the authorities in the Member States in charge of type-approval and market surveillance should be clarified, and the requirements relating to the competence, obligations and performance of the technical services that perform vehicle type-approval reinforced. Compliance with the type-approval and conformity-of-production requirements of the legislation governing the automotive sector should remain the key responsibility of the type-approval authorities, while market surveillance may be a competence shared between different national authorities.

13. In order to prevent misuse, any simplified procedure for small-series vehicles should be restricted to cases of very limited production. It is therefore necessary to define precisely the concept of small series in terms of the number of vehicles sold, registered and entered into service.

14. In order to ensure that the procedure for monitoring conformity of production is correctly implemented and functions properly, manufacturers should be regularly checked by the competent authority or by an appropriately qualified technical service appointed for that purpose.

15. Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

16. According to Article 291 of the Treaty on the Functioning of the European Union, rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers should be laid down in advance by regulations adopted in accordance with the ordinary legislative procedure. Pending adoption of such new regulations, Council Decision 1999/468/EC[33] of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission continues to apply, with the exception of the regulatory procedure with scrutiny, which is no longer applicable.

17. The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of functional safety and environmental performance, testing, access to repair and maintenance information and appointment of technical services and their specific authorised tasks, in order to supplement or amend certain non-essential elements of legislative acts through provisions of general application. Such empowerment should not allow for amendment of the enforcement dates set out in Annex IV or emission limit values set out in Annex VI. Amendments to those dates or values should be established by the ordinary legislative procedure set out in Article 114 TFEU."

18. The Commission should be empowered to adopt an implementing act in accordance with Article 291 of the Treaty in order to lay down uniform conditions for the implementation of this Regulation with regard to the list of information to be provided in applying for type-approval, type-approval procedures, templates for manufacturers’ additional plates, EU type-approval certificates, list of type-approvals issued, numbering system for EU type-approvals, and procedures to ensure conformity of production. With regard to those items, uniform conditions for implementation in the Member States are needed in order to ensure the proper functioning of the internal market by facilitating the mutual recognition of administrative decisions taken in the different Member States, -in particular type-approvals-, and the acceptance of documents issued by vehicle manufacturers (in particular certificates of conformity).

19. Since the objective of a fully harmonised internal market through the introduction of a compulsory system of EU type-approval for L-category vehicles cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity. In accordance with the principle of proportionality this Regulation does not go beyond what is necessary in order to achieve this objective.

20. The following Directives should be repealed:

21. Directive 2009/139/EC of the European Parliament and of the Council of 25 November 2009 on statutory markings for two- or three-wheel motor vehicles[34];

22. Directive 2009/80/EC of the European Parliament and of the Council of 13 July 2009 on the identification of controls, tell-tales and indicators for two or three-wheel motor vehicles[35];

23. Directive 2009/79/EC of the European Parliament and of the Council of 13 July 2009 on passenger hand-holds on two-wheel motor vehicles (Codified version)[36];

24. Directive 2009/78/EC of the European Parliament and of the Council of 13 July 2009 on stands for two-wheel motor vehicles[37];

25. Directive 2009/67/EC of the European Parliament and of the Council of 13 July 2009 on the installation of lighting and light-signalling devices on two or three-wheel motor vehicles[38];

26. Directive 2009/62/EC of the European Parliament and of the Council of 13 July 2009 relating to the space for mounting the rear registration plate of two or three-wheel motor vehicles[39];

27. Directive 2002/51/EC of the European Parliament and of the Council of 19 July 2002 on the reduction of the level of pollutant emissions from two- and three-wheel motor vehicles and amending Directive 97/24/EC[40];

28. 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[41] and repealing Council Directive 92/61/EEC;

29. Directive 2000/7/EC of the European Parliament and of the Council of 20 March 2000 on speedometers for two- or three-wheel motor vehicles and amending Council Directive 92/61/EEC on the type-approval of two- or three-wheel motor vehicles[42];

30. 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[43];

31. Directive 95/1/EC of the European Parliament and of the Council of 2 February 1995 on the maximum design speed, maximum torque and maximum net engine power of two or three-wheel motor vehicles[44];

32. Council Directive 93/93/EEC of 29 October 1993 on the masses and dimensions of two or three-wheel motor vehicles[45];

33. Council Directive 93/33/EEC of 14 June 1993 on protective devices intended to prevent unauthorised use of two- or three-wheel motor vehicles[46];

34. Council Directive 93/30/EEC of 14 June 1993 on audible warning devices for two-or three-wheel motor vehicles[47];

35. Council Directive 93/14/EEC of 5 April 1993 on the braking of two or three-wheel motor vehicles[48].

HAVE ADOPTED THIS REGULATION:

CHAPTER I SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 Subject matter

36. This Regulation establishes the administrative and technical requirements for the approval and market surveillance of all new vehicles referred to in Article 2 (1).

37. This Regulation also establishes the requirements for the sale and entry into service of systems, components and separate technical units intended for vehicles approved in accordance with this Regulation.

38. This Regulation shall be without prejudice to the application of the relevant legislation of the Union on vehicle functional safety and environmental performance.

Article 2 Scope

39. This Regulation applies to the type-approval and individual approval of all new two- or three-wheel vehicles and quadricycles as described in Article 4 and Annex I (hereinafter ‘L-category vehicles’), that are intended to travel on public roads, including where designed and constructed in more than one stage, and to the type-approval and individual approval of the systems, components and separate technical units designed and constructed for such vehicles.

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

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

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

(c) vehicles exclusively intended for pedestrian control;

(d) vehicles exclusively intended for on-road or off-road use in competition;

(e) vehicles exclusively intended for use by the armed forces, law enforcement agencies, civil defence services, fire brigades or public-works bodies;

(f) agricultural or forestry vehicles subject to Directive 2003/37/EC of the European Parliament and of the Council[49], machines subject to Directives 2006/42/EC[50] and 97/68/EC of the European Parliament and of the Council[51] and motor vehicles subject to Directive 2007/46/EC of the European Parliament and of the Council[52];

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

(h) cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of 0.25 kW, where the output of the motor is cut off when the cyclist stops pedalling and is otherwise progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h;

(i) self-balancing machines;

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

Article 3 Definitions

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

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

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

43. ‘whole-vehicle type-approval’ means a type-approval whereby an approval authority certifies that a complete vehicle satisfies the relevant administrative provisions and technical requirements;

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

45. ‘EU type-approval certificate’ means the certificate based on the model set out in the implementing act adopted under this Regulation or the communication form accompanying the relevant equivalent UNECE regulations listed in the delegated acts;

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

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

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

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

50. ‘individual approval certificate’ means a document whereby the approval authority officially certifies that a particular vehicle is approved;

51. ‘certificate of conformity’ means a document that is based on the model set out in the implementing act and which is issued by the vehicle manufacturer to certify that a vehicle, at the time of its completion, corresponds to a type of vehicle type-approved in accordance with this Regulation;

52. ‘base vehicle’ means any vehicle covered by this Regulation which is used at the initial stage of a multi-stage type-approval process;

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

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

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

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

57. ‘component’ means a device subject to the requirements of this Regulation or any of its delegated or implementing acts which is intended to be part of a vehicle and may be type-approved independently of a vehicle in accordance with this Regulation and its delegated or implementing acts;

58. ‘separate technical unit’ means a combination of devices subject to the requirements of this Regulation or any of its delegated or implementing acts which is intended to be part of a vehicle and may be type-approved separately in accordance with this Regulation and its delegated or implementing acts;

59. ‘Functional safety’ means the absence of unacceptable risk of physical injury or of damage to the health of people owing to hazards caused by mal-functional behaviour of mechanical, hydraulic, pneumatic, electrical and/or electronic systems, components or separate technical units;

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

61. ‘seating position’ means a space declared by the manufacturer as one where the 50th percentile human dummy can be installed or a saddle;

62. ‘compression ignition engine’ means a combustion engine working according to the principles of the ‘Diesel’ combustion process and is abbreviated as CI engine;

63. ‘positive ignition engine’ means a combustion engine working according to the principles of the ‘Otto’ combustion process and is abbreviated as PI engine;

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

65. ‘hybrid electric vehicle’ means a hybrid vehicle that, for the purpose of propulsion, draws energy from both of the following on-vehicle sources of stored energy:

(a) a consumable fuel,

(b) an electric energy storage device;

66. ‘propulsion’ means a combustion engine, an electric engine, any hybrid application or a combination of these engine types or any other engine type;

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

68. ‘durability’ means the ability of components and systems to last so that the applicable emission limits can still be met after a mileage as defined in Annex VII and so that vehicle functional safety is guaranteed over the entire life of a vehicle, if the vehicle is used under normal or intended circumstances;

69. ‘engine capacity’ means:

(a) for reciprocating piston engines, the nominal engine swept volume,

(b) for rotary-piston (Wankel) engines, double the nominal engine swept volume;

70. ‘evaporative emissions’ means the hydrocarbon vapours lost from the fuel storage and supply system of a motor vehicle and are hydrocarbon emissions other than those from tailpipe emissions;

71. SHED test’ means a vehicle test in a sealed house for evaporation determination, in which a special evaporative emission test is conducted as defined in a delegated act;

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

73. ‘pollutant’ means the exhaust gas emissions of carbon monoxide (CO), oxides of nitrogen (NOx) expressed in nitrogen dioxide (NO2) equivalent, particulate matter (PM), and hydrocarbons (HC), assuming a ratio of:

(a) C1H1.85 for petrol,

(b) C1H1.86 for diesel;

74. ‘tailpipe emissions’ means the emission of pollutants at the tailpipe of the vehicle;

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

76. ‘World Motorcycle Testing Cycle’ means the world harmonised emission laboratory test cycle WMTC as defined by UNECE global technical regulation 2;

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

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

79. ‘importer’ means any natural or legal person established within the Union who sells, registers or is responsible for the entry into service of a vehicle, system, component or separate technical unit from a third country on the Union market;

80. ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who sells, registers or is responsible for the entry into service of a vehicle, system, component or separate technical unit on the Union market;

81. ‘economic operator’ means the manufacturer, the manufacturer’s representative, the importer or the distributor;

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

83. ‘market surveillance authority’ means an authority of a Member State responsible for carrying out market surveillance on its territory;

84. ‘national authority’ means an approval authority, a market surveillance authority or any other authority in a Member State involved in and responsible for type-approval, registration, market surveillance or import control in respect of vehicles, systems, components or separate technical units covered by this Regulation;

85. ‘technical service’ means an organisation or body designated by the approval authority of a Member State as a testing laboratory to carry out tests, or as a conformity assessment body to carry out the initial assessment and other tests or inspections, on behalf of the approval authority;

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

87. ‘virtual testing method’ means computer simulations, including calculations, to demonstrate whether a vehicle, system, component or separate technical unit fulfils the technical requirements of this Regulation or its delegated and implementing acts, without requiring the use of a physical vehicle, system, component or separate technical unit;

88. ‘On-board diagnostics’ is a monitoring system able to identify the likely area of component or system malfunctioning, storing diagnostic trouble codes and environmental information in a computer memory, reporting these upon the request of a generic scan tool and warning the driver of severe functional safety and/or environmental concerns through illumination of the malfunction indicator light on the instrument panel;

89. ‘vehicle repair and maintenance information’ means all information required for diagnosis, servicing, inspection, periodic monitoring, repair, re-programming or re-initialising of a vehicle and which manufacturers provide to their authorised dealers and repairers, including all subsequent amendments and supplements to such information. This information shall include all information required for fitting systems, components or separate technical units on vehicles;

90. ‘independent operator’ means undertakings other than authorised dealers and repairers which are directly or indirectly involved in the repair and maintenance of motor vehicles;

91. ‘new vehicle’ a vehicle meeting one of the following conditions:

(a) has never been previously registered, or

(b) has been registered for less than six months at the time of application for an individual approval;

92. ‘end-of-series vehicle’ means any vehicle that is part of a stock which cannot be sold, registered or enter into service owing to the entry into force of new technical requirements against which it has not been approved;

93. ‘powered two-wheeler’ means a powered two-wheel vehicle, including powered two-wheel cycles, two-wheel mopeds and two-wheel motorcycles, and is abbreviated as ‘PTW’;

94. ‘powered tricycle’ means a powered three-wheel vehicle meeting the classification criteria for L5e category vehicles;

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

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

97. ‘on-road quad’ means a four-wheel vehicle designed to be driven on paved, public roads which meets the criteria for light on-road quads, category L6Ae, or heavy on-road quads, category L7Ae;

98. ‘trailer’ means any non-self-propelled vehicle designed and constructed to be towed by an L-category vehicle;

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

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

101. ‘entry into service’ means the first use, for its intended purpose, in the Union, of a vehicle, system, component or separate technical unit covered by this Regulation;

102. ‘sale’ means any sale, from vehicle manufacturer to retailer or the sale to the end user;

103. ‘to make available on the market’ means any supply of a vehicle, system, component or separate technical unit for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

104. ‘to place on the market’ means making available a vehicle, system, component or separate technical unit for the first time in the Union;

105. ‘vehicle type’ means a group of vehicles, including variants and versions of a particular category that do not differ in at least the following essential respects:

(a) category or subcategory;

(b) manufacturer;

(c) chassis, frame, sub-frame, floor pan or structure to which major components are attached;

(d) operating principles of their propulsion;

(e) type designation given by the manufacturer;

106. ‘variant’ means a vehicle of the same type where:

(a) the basic characteristics of the bodywork shape are the same;

(b) they have the same propulsion and propulsion configuration;

(c) where a combustion engine is part of the propulsion, they have the same engine operating cycle;

(d) they have the same number and arrangement of cylinders;

(e) they have the same type of gearbox;

(f) the difference in mass in running order between the lowest value and the highest value does not exceed 20 % of the lowest value;

(g) the difference in the maximum permissible mass between the lowest value and the highest value does not exceed 20 % of the lowest value;

(h) the difference in the cylinder capacity of the power unit (in the case of a combustion unit) between the lowest value and the highest value does not exceed 30 % of the lowest value;

(i) the difference in the power output of the power unit between the lowest value and the highest value does not exceed 30 % of the lowest value.

107. ‘version’ means a vehicle which consists of a combination of items shown in the information package referred to in Article 27(10).

Article 4 Vehicle categories

108. L-category vehicles comprise powered two-, three- and four-wheel vehicles as categorised in the following paragraphs and Annex I, including powered cycles, two- and three-wheel mopeds, two- and three-wheel motorcycles, motorcycles with side-cars, light and heavy on-road quads, and light and heavy mini-cars.

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

(a) Category L1e vehicle (light two-wheel powered vehicle), sub-categorised into:

(i) L1Ae vehicle (powered cycle);

(ii) L1Be vehicle (two-wheel moped).

(b) Category L2e vehicle (three-wheel moped).

(c) Category L3e vehicle (two-wheel motorcycle), sub-categorised by:

(i) motorcycle performance[53] , further sub-categorised into:

– A1 vehicle (low-performance motorcycle);

– A2 vehicle (medium-performance motorcycle);

– A3 vehicle (high-performance motorcycle).

(ii) maximum designed vehicle speed:

- lower than or equal to 130 km/h;

- higher than 130 km/h.

(d) Category L4e vehicle (two-wheel motorcycle with side-car).

(e) Category L5e vehicle (powered tricycle), sub-categorised into:

(i) Subcategory L5Ae vehicle (tricycle);

(ii) Subcategory L5Be vehicle (commercial tricycle), further sub-categorised in:

– L5Be – U vehicle: utility tricycle exclusively designed for the carriage of goods;

– L5Be – P vehicle: vehicle mainly designed and used for passenger transport.

(f) Category L6e vehicle (light quadricycles), sub-categorised into:

(i) L6Ae vehicle (light on-road quad);

(ii) L6Be vehicle (light mini-car), further sub-categorised into:

– L6Be – U vehicle: utility vehicle exclusively designed for the carriage of goods;

– L6Be – P vehicle: vehicle mainly designed and used for passenger transport.

(g) Category L7e vehicle (heavy quadricycles), sub-categorised into:

(i) Subcategory L7Ae vehicle (heavy on-road quad);

(ii) Subcategory L7Be vehicle (heavy mini-car), sub-categorised into:

– L7Be – U vehicle: utility vehicle exclusively designed for the carriage of goods;

– L7Be – P vehicle: vehicle mainly designed and used for passenger transport.

110. The L-category vehicles listed in paragraph 2 are further classified according to the propulsion of the vehicle into the following sub-categories:

(a) propelled with an internal combustion engine:

- compression ignition (CI);

- positive ignition (PI);

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

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

(d) propelled with an electric engine;

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

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

(a) category L1e with its subcategories L1Ae and L1Be and category L3e with its subcategories L3e - A1, L3e - A2 and L3e - A3;

(b) category L2e and category L5e with its subcategories L5Ae and L5Be;

(c) category L6e with its subcategories L6Ae and L6Be and category L7e with its subcategories L7Ae and L7Be;

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

CHAPTER IIGENERAL OBLIGATIONS

Article 5 General obligations of Member States and national authorities

112. Member States shall establish and appoint the type-approval authorities competent in matters concerning approval and market surveillance authorities competent in matters concerning market surveillance in accordance with this Regulation. Member States shall notify the Commission of the establishment and appointment of such authorities in accordance with Article 68.

The notification of the type-approval and market surveillance authorities shall include their name, address, including electronic address, and area of responsibility.

113. National authorities shall permit the sale, registration and entry into service of, only vehicles, components and separate technical units that satisfy the requirements of this Regulation.

114. National authorities shall not prohibit, restrict or impede the registration of vehicles, components or separate technical units, their sale or entry into service or their use on the road on grounds related to aspects of their construction and functioning covered by this Regulation, if they satisfy its requirements.

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

Article 6 General obligations of approval authorities

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

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

Article 7 General obligations of manufacturers

118. Manufacturers shall ensure that when their vehicles, systems, components or separate technical units are sold or are entering into service, these are manufactured and approved in accordance with the requirements set out in this Regulation and the delegated and implementing acts adopted under this Regulation. In the case of multi-stage type-approval, each manufacturer is responsible for the approval and conformity of production of the systems, components or separate technical units added at the stage of vehicle completion handled by the manufacturer. Any manufacturer who modifies components or systems already approved at earlier stages shall be responsible for the approval and conformity of production of those components and systems.

119. Manufacturers who modify the incomplete vehicle such that it qualifies as a different category of vehicle, with the consequence that the legal requirements already assessed in a previous stage of approval have changed, are also responsible for compliance with the changed requirements.

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

121. They shall furthermore appoint a representative for the purposes of market surveillance, which may be the representative referred to in the second paragraph or one additional representative.

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

123. Manufacturers shall ensure that procedures are in place for series production to remain in conformity. Changes in design of a vehicle, system, component or separate technical unit or characteristics and changes in the requirements to which a vehicle, system, component or separate technical unit is declared to conform shall be adequately taken into account.

124. In addition to the statutory marking and type-approval marks fixed to their vehicles, systems, components or separate technical units in accordance with Article 37, manufacturers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on their vehicles, systems, components or separate technical units or, where that is not possible for systems, components or separate technical units, on the packaging or in a document accompanying the system, component or separate technical unit. The address must indicate a single point at which the manufacturer can be contacted.

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

Article 8 Obligations of manufacturers concerning conformity of vehicles, systems, components or separate technical units

126. Manufacturers who consider or have reason to believe that when their vehicle, system, component or separate technical unit which has been sold or enters into service is not in conformity with this Regulation or the delegated and implementing acts adopted under this Regulation shall immediately take the corrective measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it or to recall it, as appropriate.

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

128. Manufacturers shall keep the information folder referred to in Article 25 and the certificates of conformity referred to in Article 36 at the disposal of the approval authorities for a period of at least 10 years.

129. Manufacturers shall, following a substantiated request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the vehicle, system, component or separate technical unit, in one of the official languages of the Member State of that authority. Manufacturers shall cooperate with the national authority, at its request, on any action taken to eliminate the risks posed by their vehicles, systems, components or separate technical units which have been sold, registered or entered into service.

Article 9 Obligations of manufacturers’ representative concerning market surveillance

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

(1) keep the information folder referred to in Article 25 and the certificates of conformity referred to in Article 36 at the disposal of the approval authorities for a period of at least 10 years;

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

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

Article 10 General obligations of importers

130. Importers shall sell or register only compliant vehicles, systems, components or separate technical units on the Union market.

131. Before the sale, registration or entry into service of a vehicle, system, component or separate technical unit, importers shall ensure that the vehicle, system, component or separate technical unit is EU type approved. Importers shall ensure that the information package complies with the requirements of Article 27(10), that the vehicle, system, component or separate technical unit bears the required type-approval mark, is accompanied by the required documents, complies with Article 7(7) and that the manufacturer has complied with the requirements of Article 7(6).

132. Where importers consider or have reason to believe that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, in particular does not correspond to its type-approval, they shall not sell or register the vehicle, system, component or separate technical unit until it has been brought into conformity. Furthermore, where they consider or have reason to believe that the vehicle, system, component or separate technical unit presents a risk, they shall inform the manufacturer, the market surveillance and approval authorities to that effect.

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

134. Importers shall ensure that the vehicle, system, component or separate technical unit is accompanied by the required instructions and information, as required in accordance with Article 59, in the official languages of the Member States concerned.

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

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

Article 11 Obligations of importers concerning conformity of a vehicle, system, component or separate technical unit

137. Importers who consider or have reason to believe that a vehicle, system, component or separate technical unit which they have sold registered or are responsible for the entry into service is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it or to recall it, as appropriate.

138. Where a vehicle, system, component or separate technical unit presents a risk, importers shall immediately inform the market surveillance and approval authorities of the Member States in which they have made the vehicle, system, component or separate technical unit available to that effect, giving details, in particular, of the non- conformity and any corrective measures taken.

139. Importers shall, for a period of 10 years, keep a copy of the certificate of conformity at the disposal of the market surveillance and approval authorities and ensure that the information package as referred to in Article 27(10) can be made available to those authorities, upon request.

140. Importers shall, following a substantiated request from a national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a vehicle, system, component or separate technical unit in one of the official languages of the Member State of that authority. Importers shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a vehicle, system, component or separate technical unit which they have sold, registered or are responsible for entry into service of a vehicle, system, component or separate technical unit.

Article 12 General obligations of distributors

141. Distributors shall act with due care in relation to the requirements applicable in the case of the sale, registration or entry into service of a vehicle, system, component or separate technical unit .

142. Before selling, registering or the entry into service of a vehicle, system, component or separate technical unit, distributors shall verify that the vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information in the official languages of the Member State in which the vehicle, system, component or separate technical unit is to be sold, registered or enters into service, and that the manufacturer and the importer have complied with the requirements set out in Article 7(6), 7 (7) and 10 (4).

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

Article 13 Obligations of distributors concerning conformity of a vehicle, system, component or separate technical unit

144. Where distributors consider or have reason to believe that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, they shall not sell or register the vehicle, system, component or separate technical unit and shall prevent its entry into service until it has been brought into conformity.

145. Distributors who consider or have reason to believe that a vehicle, system, component or separate technical unit which they have sold or registered or for which they are responsible for the entry into service, is not in conformity with this Regulation, shall make sure that the corrective measures are taken necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it or to recall it, as appropriate.

146. Where the vehicle, system, component or separate technical unit presents a risk, distributors shall immediately inform, to that effect and giving details, in particular, of the non-conformity and of any corrective measures taken, the market surveillance and approval authorities of the Member States in which they sold, registered or in which distributors were responsible for the entry into service of the vehicle, system, component or separate technical unit as well as the manufacturer and the importer.

147. Distributors shall, following a substantiated request from a national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a vehicle, system, component or separate technical unit. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the vehicle, system, component or separate technical unit which they have sold or registered or for which they were responsible for its entry into service.

Article 14 Additional obligations of importers and distributors

An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Articles 7 to 9, where the importer or distributor sells, registers or is responsible for the entry into service of a vehicle, system, component or separate technical unit under its name or trademark or modifies a vehicle, system, component or separate technical unit already sold, registered or entered into service in such a way that compliance with the applicable requirements may be affected.

Article 15 Identification of economic operators

Economic operators shall, on request, identify the following to the market surveillance and approval authorities, for a period of 10 years:

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

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

CHAPTER IIISUBSTANTIVE REQUIREMENTS

Article 16 General substantive requirements

148. L-category vehicles and systems, components and separate technical units intended for such vehicles shall comply with the requirements listed in Annex II to VIII.

149. In order to ensure a high level of safety and environmental protection, the Commission shall lay down detailed technical requirements, including test procedures and limit values where applicable, only for requirements other than the environmental limits and thresholds listed in Annex VI and VII to this Regulation, by means of delegated acts in accordance with Articles 76, 77 and 78.

Article 17 Prohibition of defeat devices

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

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

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

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

Article 18 Measures regarding modifications to the powertrain of vehicles

150. ‘Powertrain’ means the components and systems of a vehicle that generate power and deliver it to the road surface, including the engine(s), the engine management systems or any other control module, the pollution control devices, the transmission and its control, either a drive shaft or belt drive or chain drive, the differentials, the final drive, and the driven wheel tyre (radius).

151. L-category vehicles shall be equipped with designated measures to prevent tampering of a vehicle's powertrain, to be laid down in a delegated act by means of a series of technical requirements and specifications with the aim:

(a) to prevent modifications that may prejudice safety, in particular by increasing vehicle performance through tampering with the powertrain in order to increase the maximum torque and/ or power and/or maximum designed vehicle speed as declared by the manufacturer of a vehicle upon type-approval, and/or

(b) to prevent damage to the environment.

152. The Commission shall lay down the specific requirements regarding the measures referred to in paragraph 2 by means of a delegated act adopted in accordance with Articles 76, 77 and 78.

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

Article 19 General requirements of on-board diagnostic systems

154. Four years after the date referred to in the second subparagraph of Article 8 2, all new vehicles in subcategories L1Be, L3e, L5e, L6Ae and L7Ae shall be equipped with the first stage of an on-board diagnostic (OBD) system which monitors and reports on electric circuit continuity, shorted and open electric circuits and circuit rationality of the engine and vehicle management systems (OBD I).

155. Six years after the date referred to in the second subparagraph of Article 82, all new vehicles in subcategories L6Be and L7Be shall be equipped with OBD I.

156. Eight years after the date referred to in the second subparagraph of Article 82, all new vehicles shall be equipped with OBD I.

157. Following confirmation in a decision adopted by the Commission in accordance with Article 21(4), eight years after the date referred to in the second subparagraph of Article 82, all new vehicles in (sub-)categories L1Be, L3e, L5e, L6Ae and L7Ae shall in addition also be equipped with the second stage of an on-board diagnostic system (OBD II) which, in addition to OBD I, monitors not only complete failures but also deterioration of systems, components or separate technical units during vehicle life under the condition that its cost-effectiveness is proven in the environmental effect study referred to in article 21(4) and (5).

158. The detailed OBD emission thresholds are laid down in Annex VI(B).

159. Powers are conferred on the Commission to adopt, in accordance with Article 76, 77 and 78 a delegated act laying down the detailed technical requirements related to on-board diagnostics, including functional OBD requirements and test procedures for the subjects listed in paragraphs 1 to 5 in order to ensure a high level of functional safety, environmental protection and the same standardised level of access to repair and maintenance information for all vehicle repairers.

Article 20 Requirements for the functional safety of vehicles

160. Manufacturers shall ensure that vehicles are designed, constructed and assembled so as to minimise the risk of injury to the vehicle occupants and other road users. The vehicle functional safety shall be guaranteed over the entire life of a vehicle, if the vehicle is used under normal or intended circumstances

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

162. The requirements referred to in paragraphs 1 and 2 shall apply to vehicles, systems, components and separate technical units insofar as they are declared applicable to the relevant vehicle category by this Regulation.

163. In order to ensure that a high level of safety is obtained, the Commission shall lay down specific requirements regarding the functional safety of vehicles, including test procedures and limit values, by means of a delegated act in accordance with Articles 76, 77 and 78.

Article 21 Requirements for environmental performance

164. Manufacturers shall ensure that vehicles are designed, constructed and assembled so as to minimise the impact on the environment. Manufacturers shall ensure that type-approved vehicles meet the environmental requirements over vehicle life as set out in Annexes V, VI and VII .

165. Manufacturers shall ensure that vehicles, systems, components and separate technical units comply with the test procedures and test requirements to be laid down in a delegated act referred to in paragraph 12.

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

(a) actual durability testing of vehicles by covering a distance set out in part A of Annex VII and demonstrate to the type-approval authority that the environmental requirements set out in this Regulation and its delegated and implementing acts are met during mileage accumulation of the vehicle in regular intervals and at the end of mileage accumulation ;

(b) by multiplying the deterioration factors set out in part B of Annex VII and the environmental test results of a vehicle which has accumulated more than 100 km after it was first started at the end of the production line; the calculation results shall be lower than the environmental limits from part A of Annex VI and prove the following:

- The manufacturer shall in this procedure demonstrate to the type-approval authority the environmental performance of a vehicle which has accumulated more than 100 km after it was first started at the end of the production line, equipped with rapidly aged systems and components;

- When using this procedure the manufacturer shall provide evidence to the type-approval authority and prove the validity of the correlation between the two durability procedures set out in (a) and (b).

- By 1 January 2016 at the latest, the Commission shall carry out a comprehensive environmental effect study. The study shall evaluate the air quality and the share of pollutants contributed by L-category vehicles and shall cover the requirements of test types I, IV, V, VII and VIII listed in Annex V. It shall collate and evaluate the latest scientific data, scientific research findings, modelling and cost efficiency with a view to establishing definitive policy measures by confirmation of the Euro 5 enforcement dates (Euro 6 dates for L3e motorcycles) laid down in Annex IV and the Euro 5 (Euro 6 for L3e motorcycles) environmental requirements laid down in Annexes V, VI(A3), VI(B2), VI(C2) and Annex VII concerning Euro 5 (Euro 6 for L3e motorcycles) durability mileages and deterioration factors.

- Based on the findings of the environmental effect study the Commission shall confirm:

(a) the enforcement dates of the Euro 5 level (Euro 6 for category L3e motorcycles) referred to in Annex IV;

(b) the Euro 5 emission limits (Euro 6 for category L3e motorcycles) referred to in Annex VI(A3) and the OBD thresholds in Annex VI(B2);

(c) that all new vehicles in (sub-)categories L3e, L5e, L6Ae and L7Ae in addition to OBD stage I shall also be equipped with OBD stage II at the Euro 5 level (Euro 6 for category L3e motorcycles);

(d) that in-service conformity testing requirements shall be introduced at the Euro 5 level (Euro 6 for L3e motorcycles), for which (sub-)categories of L-category vehicles this in-service conformity testing shall be introduced and by when it shall become mandatory for all L-category vehicle categories. "In-service conformity" means testing of representative vehicles from the market fleet in order to verify if the technical measures taken by the manufacturer continue to be such as to ensure that the tailpipe and evaporative emissions are effectively limited and the functional safety measures and associated safety performance levels are actually met, pursuant to this Regulation, throughout the normal life of the vehicles under normal conditions of use.

(e) which of the (sub-)categories L1Ae, L1Be, L2e, L5Be, L6Be and L7Be for the Euro 5 level should only be subject to SHED testing or alternatively should only be subject to fuel tank and tubing permeation testing, with the test limits listed in Annex VI(C2).

(f) the durability mileages for the Euro 5 level (Euro 6 for category L3e motorcycles) referred to in Annex VII(A) and the deterioration factors for the Euro 5 level (Euro 6 for L3e motorcycles) referred to in Annex VII(B).

(g) to determine the feasibility, the associated enforcement date and for which (sub-)categories off-cycle emission requirements shall be introduced beyond the Euro 5 level (Euro 6 for L3e motorcycles).

167. Fully electric-propelled vehicles and/or vehicles propelled only with pre-compressed air are excluded from the environmental requirements listed in Annex V, test type I to VIII. These vehicles shall comply with the functional requirements of OBD, as laid down in a delegated act in order to repair these vehicles efficiently in case of malfunction.

168. Gaseous-fuelled vehicles shall comply with type-approval emission limits and with the OBD emission thresholds for positive ignition (PI) engines. They shall also comply with the associated test procedures and requirements as defined in a delegated act as referred to in paragraph 12. Mono-, bi- or multi-fuel gaseous-propelled vehicles and/or hybrid electric vehicles are excluded from SHED test requirements for evaporative emissions. Electric hybrid and/or gaseous-fuelled vehicles partially propelled with a PI engine running on gasoline, gasoline blends or ethanol shall only comply with fuel tank and fuel supply line permeability requirements as laid down in a delegated act referred to in paragraph 12.

169. Vehicles propelled with a CI engine that consumes only low-volatile diesel or diesel-equivalent fuels shall be excluded from the evaporative emission test limits and requirements.

170. Vehicles of category L4e must meet the environmental requirements laid down in Annex V for vehicles of category L3e, whereby at the choice of the manufacturer for test types I, IV, VII and VIII of Annex V either only the base powered vehicle is tested, without the side car being fitted or the complete assembly.

171. ‘Replacement pollution control device’ means a device or an assembly of such devices that is intended to replace an original pollution control device and that can be approved as a separate technical unit as defined in the delegated and implementing acts to this Regulation.

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

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

173. In order to ensure a high level of environmental protection, the Commission shall lay down the detailed technical specifications on environmental requirements including test procedures for the subjects listed in paragraphs 2, 3, 4 and 5 by means of a delegated act in accordance with Articles 76, 77 and 78.

Article 22 Additional environmental requirements with regards to greenhouse gas emissions and fuel consumption

174. CO 2 (Carbon dioxide) emissions shall be determined in the applicable laboratory emission test cycle by the manufacturer and reported to the approval authority. Fuel consumption shall be either calculated based on the type-approval emission laboratory results or measured and reported to the approval authority.

175. The CO2 measurement result and the calculated or measured fuel consumption shall be included in the information folder and both shall also be indicated on the certificate of conformity.

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

176. The Commission shall lay down the CO2 emission measurement and fuel consumption calculation or measurement methods by means of a delegated act, adopted in accordance with Articles 76, 77 and 78.

CHAPTER IVEU TYPE-APPROVAL PROCEDURES

Article 23 Procedures for EU type-approval

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

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

(b) single-step type-approval;

(c) multi-stage approval.

For the type approval of systems, components or separate technical units, the single- step type-approval procedure shall apply.

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

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

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

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

The type-approval for the final stage of completion shall be granted only after the type-approval authority has verified that the type-approval(s) issued for the incomplete vehicle certify that the vehicle type approved at the final stage meets all technical requirements applicable at the time when the type-approval(s) were issued, to the category of vehicle for which the type-approval for the completed vehicle is granted.

The multi-stage approval referred to in point (c) of paragraph 1 shall apply only to utility vehicles of sub-categories L5Be – U, L6Be – U and L7Be – U.

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

182. Implementing powers are conferred on the Commission in order to lay down templates for the details of the arrangements with regard to type-approval procedures in Article 73.

Article 24 Application for type-approval

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

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

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

Article 25 Information folder

186. The applicant shall provide to the approval authority an information folder.

187. The information folder shall include the following:

(1) an information document in accordance with the template established by the Commission pursuant to Article 73;

(2) all data, drawings, photographs and other information required in the implementing act adopted pursuant to Article 73;

(3) for vehicles, indication of the procedure chosen in accordance with Article 23(1).

188. The information folder may be supplied on paper or in electronic format.

Article 26 Specific requirements for information to be provided in the application for type-approval under different procedures

189. An application for step-by-step type-approval shall be accompanied by an information folder in accordance with Article 25 and by the complete set of type-approval certificates required pursuant to each of the applicable acts listed in Annex II.

190. An application for single-step type-approval shall be accompanied by an information folder in accordance with Article 25 containing the relevant information in relation to the acts listed in Annex II.

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

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

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

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

CHAPTER VCONDUCT OF EU TYPE-APPROVAL PROCEDURES

Article 27 General provisions

193. Approval authorities shall grant an EU type-approval only after verifying the conformity of production procedures referred to in Article 31 and the compliance of the type of vehicle, system, component or separate technical unit with the applicable requirements.

194. EU type-approvals shall be granted in accordance with Articles 29, 30, 31 and 32.

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

196. EU type-approval certificates shall be numbered in accordance with a harmonised system as laid down in the implementing act adopted in accordance with Article 73.

197. The approval authority shall, within one month, send to the approval authorities of the other Member States a copy of the EU vehicle type-approval certificate, together with the attachments, for each type of vehicle which it has approved. The copy may take the form of an electronic file.

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

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

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

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

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

Article 28 Specific provisions concerning the issuing of EU whole-vehicle type-approval

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

(a) the information package referred to in Article 27(10);

(b) the test results;

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

204. The type-approval certificate shall be issued on the basis of the template laid down in implementing act adopted in accordance with Article 73.

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

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

(b) compile the index to the information package;

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

206. In the case of an EU type-approval for which, in accordance with Article 39, restrictions have been imposed as to its validity, or certain provisions of this Regulation or the delegated and implementing acts adopted under this Regulation have been waived, the EU type-approval certificate shall specify those restrictions or waivers.

Where the manufacturer chooses the single-step type-approval procedure, the approval authority shall establish a list of applicable requirements or acts and append that list to the EU type-approval certificate.

Article 29 Specific provisions concerning systems, components or separate technical units

207. EU type-approval shall be granted in respect of a system which conforms to the particulars in the information folder and which meets the technical requirements laid down in the relevant acts listed in Annex II.

208. An EU type-approval for a component or separate technical unit shall be granted in respect of a component or separate technical unit that conforms to the particulars in the information folder and which meets the technical requirements laid down in the relevant separate acts listed in Annex II.

209. Where components or separate technical units, whether or not intended for repair, servicing or maintenance, are also covered by a system type-approval with respect to a vehicle, no additional component or separate technical unit approval shall be required unless provided for under the relevant acts listed in Annex II.

210. Where a component or separate technical unit fulfils its function or offers a specific feature only in conjunction with other parts of the vehicle, thereby making it possible to verify compliance with the requirements only when the component or separate technical unit is operating in conjunction with those other vehicle parts, the scope of the EU type-approval of the component or the separate technical unit shall be restricted accordingly.

In such cases, the EU type-approval certificate shall specify any restriction on the use of the component or separate technical unit and shall indicate the special conditions for its mounting.

Where such a component or separate technical unit is fitted by the vehicle manufacturer, compliance with any applicable restrictions on use or conditions for mounting shall be verified at the time when the vehicle is approved.

Article 30 Tests required for EU type-approval

211. Compliance with the technical prescriptions laid down in this Regulation and in the acts listed in Annex II shall be demonstrated by means of appropriate tests performed by designated technical services.

The test procedures referred to in the first subparagraph and the specific equipment and tools prescribed to perform those tests shall be those laid down in the relevant acts listed in Annex II.

212. The manufacturer shall make available to the approval authority as many vehicles, components or separate technical units as are required under the relevant acts listed in Annex II for the performance of the required tests.

213. The required tests shall be performed on vehicles, components and separate technical units which are representative of the type to be approved.

However, the manufacturer may select, in agreement with the approval authority, a vehicle, system, component or separate technical unit which, while not representative of the type to be approved, combines a number of the most unfavourable features with regard to the required level of performance. Virtual testing methods may be used to aid decision-making during the selection process.

214. Subject to the agreement of the approval authority, virtual testing methods may be used as alternatives to the test procedures referred to in paragraph 1 at the request of the manufacturer with respect to those requirements listed in the delegated acts adopted under this Regulation.

215. Virtual testing methods shall fulfil the conditions set out in the delegated acts adopted under this Regulation.

216. In order to ensure that the results obtained through virtual testing are as meaningful as those obtained through physical testing, the Commission shall lay down the requirements which can be subject to virtual testing and the conditions under which the virtual testing must be performed, by means of a delegated act in accordance with Articles 76, 77 and 78.

Article 31 Conformity of production arrangements

217. An approval authority which grants an EU type-approval shall take the necessary measures to verify, if need be in cooperation with the approval authorities of the other Member States, that adequate arrangements have been made to ensure that production vehicles, systems, components or separate technical units, as the case may be, conform to the approved type.

218. An approval authority which has granted an EU type-approval shall take the necessary measures in relation to that approval to verify, if need be in cooperation with the approval authorities of the other Member States, that the arrangements referred to in paragraph 1 continue to be adequate and that production vehicles, systems, components or separate technical units, as the case may be, continue to conform to the approved type.

219. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type the approval authority which has granted the EU type-approval may carry out any of the checks or tests required for the regulatory requirements that are the subject of the EU type-approval on samples taken at the premises of the manufacturer, including production facilities. The details of the verification procedures will be set out in an implementing act adopted under this Regulation in accordance with Article 73.

220. When an approval authority which has granted an EU type-approval establishes that the arrangements referred to in paragraph 1 are not being applied, deviate significantly from the arrangements and control plans agreed, have ceased to be applied, or are no longer considered to be adequate, even though production is continued, it shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly or shall withdraw the type-approval.

221. The powers to adopt the implementing act laying down the detailed arrangements with regard to conformity of production are conferred on the Commission in accordance with Article 73 of this Regulation.

CHAPTER VIAMENDMENTS TO EU TYPE-APPROVALS

Article 32 General provisions

222. The manufacturer shall inform without delay the approval authority that granted the EU type-approval of any change in the particulars recorded in the information package.

That approval authority shall decide which of the procedures laid down in Article 33 is to be followed.

Where necessary, the approval authority may decide, after consulting the manufacturer that a new EU type-approval is to be granted.

223. An application for the amendment of an EU type-approval shall be submitted exclusively to the approval authority that granted the original EU type-approval.

224. If the approval authority finds that, for the purposes of making an amendment, inspections or tests need