Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC (Text with EEA relevance)
Date: 2009-01-14
Institutions: Council of the European Union, European Parliament
Subjects: domestic market, environmental protection, free movement of goods, hydrogen, motor fuel, motor vehicle, technical standard

L 35/32

EN

Official Journal of the European Union

4.2.2009

REGULATION (EC) No 79/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC

(Text with EEA relevance)

of 14 January 2009

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(3)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

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

(4)

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1)

(2)

The internal market comprises an area without internal
frontiers in which the free movement of goods, persons,
services and capital is ensured. To that end, a comprehen-
sive Community type-approval system for motor vehicles
is in place. The technical requirements for the type-
approval of motor vehicles with regard to hydrogen pro-
pulsion should be harmonised to avoid the adoption of
different requirements in different Member States and to
ensure the proper functioning of the internal market while,
at the same time, ensuring a high level of environmental
protection and public safety.

This Regulation is a separate regulation for the purposes of
the Community type-approval procedure provided for by
Directive 2007/46/EC of the European Parliament and of
the Council of 5 September 2007 establishing a frame-
work for the approval of motor vehicles and their trailers,
and of systems, components and separate technical units
intended for such vehicles (Framework Directive) (3).
Therefore, Annexes IV, VI and XI to that Directive should
be amended accordingly.

(1) Opinion delivered on 9 July 2008.
(2) Opinion of the European Parliament of 3 September 2008 (not yet
published in the Official Journal) and Council Decision of 16 Decem-
ber 2008.

Following the request of the European Parliament, a new
regulatory approach has been applied to EC vehicle legis-
lation. This Regulation should therefore lay down only
fundamental provisions on requirements for the type-
approval of hydrogen systems and components, whereas
the technical specifications should be laid down by imple-
menting measures adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers con-
ferred on the Commission (4).

In particular, the Commission should be empowered to
establish the requirements and test procedures relating to
new forms of hydrogen storage or usage, additional hydro-
gen components and the propulsion system. The Commis-
sion should also be empowered to establish specific
procedures, tests and requirements with regard to the
impact protection of hydrogen-powered vehicles and inte-
grated system safety requirements. Since those measures
are of general scope and are designed to amend non-
essential elements of this Regulation by supplementing it
with new non-essential elements, they must be adopted in
accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.

(5)

(6)

In the transport sector, one of the main aims should be a
greater proportion of more environmentally friendly
vehicles. Additional efforts should be undertaken in order
to place more of those vehicles on the market. The intro-
duction of vehicles with alternative fuels can significantly
improve the quality of urban air and consequently also the
state of public health.

Hydrogen is considered as a clean way of powering vehicles
for the future, on the way towards a pollution-free
economy based on the reuse of raw materials and on
renewable energy resources, as vehicles propelled with
hydrogen emit neither carbon-based pollutants nor green-
house gases. Since hydrogen is an energy vector and not an
energy source, the climate-policy value of hydrogen power
depends on the source from which the hydrogen is
obtained. Care should therefore be taken that hydrogen
fuel is produced in a sustainable manner, as far as possible
from renewable energy resources, so that the overall envi-
ronmental balance of introducing hydrogen as a fuel for
motor vehicles is positive.

(3) OJ L 263, 9.10.2007, p. 1.

(4) OJ L 184, 17.7.1999, p. 23.

4.2.2009

EN

Official Journal of the European Union

L 35/33

(7)

(8)

(9)

(10)

(11)

The CARS 21 High Level Group stated in its final report
that ‘efforts with a view to increasing international har-
monisation of motor vehicle regulations should be main-
tained where appropriate, with a view to involve the key
vehicle markets and to extend harmonisation to areas not
yet covered, notably both in the framework of the 1958
and the 1998 Agreements of the UNECE’. In line with this
recommendation, the Commission should continue to
support the development of internationally harmonised
requirements for motor vehicles under the auspices of
UNECE. In particular, if a Global Technical Regulation
(GTR) on hydrogen and fuel cell vehicles is adopted, the
Commission should consider the possibility of adapting
the requirements laid down in this Regulation to those
established in the GTR.

Hydrogen mixtures could be used as a transition fuel
towards the use of pure hydrogen, to facilitate the intro-
duction of hydrogen-powered vehicles in Member States
where the natural gas infrastructure is good. The Commis-
sion should therefore develop requirements for the use of
mixtures of hydrogen and natural gas/biomethane, espe-
cially a mixing ratio of hydrogen and gas which takes
account of technical feasibility and environmental benefits.

Defining the type-approval
framework for hydrogen-
powered vehicles would contribute to the confidence in
the new technology of potential users and the public at
large.

Therefore, it is necessary to create an adequate framework
in order to accelerate the placing on the market of vehicles
with innovative propulsion technologies and vehicles
which use alternative fuels with a low environmental
impact.

The majority of manufacturers are making important
investments in the development of hydrogen technology
and have already started to place such vehicles on the mar-
ket. In the future, it is likely that the share of hydrogen-
powered vehicles in the total fleet will increase. Therefore,
the specification of common requirements concerning the
safety of hydrogen-powered vehicles is necessary. As
manufacturers might follow different approaches to the
development of hydrogen-powered vehicles, it is necessary
to establish safety requirements in a technology-neutral
manner.

(12)

It is necessary to establish those safety requirements for the
hydrogen systems and their components which are neces-
sary in order to obtain type-approval.

(14) Owing to the characteristics of the fuel, hydrogen-powered
vehicles may require a specific treatment from rescue ser-
vices. It is therefore necessary to lay down requirements for
the clear and rapid identification of such vehicles, allowing
the rescue services to be informed of the fuel stored on
board the vehicle. Whilst the means of identification
should be fit for that purpose it should, as far as possible,
avoid being of a nature that is likely to give rise to concern
among the public.

(15)

It is also important to set out the obligations of manufac-
turers concerning the adoption of appropriate measures to
prevent misfuelling of hydrogen-powered vehicles.

(16) Hydrogen-powered vehicles are unlikely to be successful
on the market unless adequate filling-station infrastructure
is made available in Europe. The Commission should there-
fore look into suitable measures to support the establish-
ment of a Europe-wide filling-station network for
hydrogen-powered vehicles.

(17)

(18)

Innovative small vehicles, designated under EC type-
approval legislation as L category vehicles, are considered
as early users of hydrogen as a fuel. Introducing hydrogen
for these vehicles requires less effort, as the technical chal-
lenge and level of investment required is not as high as in
the case of M and N category vehicles, as defined in
Annex II
to Directive 2007/46/EC. The Commission
should, no later than 1 January 2010, evaluate the possi-
bility of regulating the type-approval of hydrogen L cat-
egory vehicles.

Since the objective of this Regulation, namely the achieve-
ment of the internal market through the introduction of
common technical
concerning motor
requirements
vehicles using hydrogen, cannot be sufficiently achieved by
the Member States and can therefore, by reason of its scale,
be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of
subsidiarity, as set out in Article 5 of the Treaty. In accor-
dance with the principle of proportionality, as set out in
that Article, this Regulation does not go beyond what is
necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

(13)

For type-approval of hydrogen-powered vehicles, it is nec-
essary to establish requirements for the installation of
hydrogen systems and their components in the vehicle.

This Regulation establishes requirements for the type-approval of
motor vehicles with regard to hydrogen propulsion and for the
type-approval of hydrogen components and hydrogen systems.
This Regulation also establishes requirements for the installation
of such components and systems.

L 35/34

EN

Official Journal of the European Union

4.2.2009

Article 2

Scope

This Regulation shall apply to:

(b) vehicle interface systems;

(c)

excess flow systems;

1. hydrogen-powered vehicles of categories M and N, as defined
in Section A of Annex II to Directive 2007/46/EC, including
impact protection and the electric safety of such vehicles;

(d) overpressure protection systems;

(e) heat exchanger failure detection systems.

2. hydrogen components designed for motor vehicles of catego-

ries M and N, as listed in Annex I;

3. hydrogen systems designed for motor vehicles of categories
M and N, including new forms of hydrogen storage or usage.

Article 4

Obligations of manufacturers

Article 3

Definitions

For the purposes of this Regulation, the following defini-

1.
tions shall apply:

(a)

‘hydrogen-powered vehicle’ means any motor vehicle that
uses hydrogen as fuel to propel the vehicle;

(b)

‘propulsion system’ means the internal combustion engine or
fuel cell system used to propel the vehicle;

(c)

(d)

(e)

(f)

‘hydrogen component’ means the hydrogen container and all
other parts of the hydrogen-powered vehicle that are in direct
contact with hydrogen or which form part of a hydrogen
system;

‘hydrogen system’ means an assembly of hydrogen compo-
nents and connecting parts fitted on hydrogen-powered
vehicles, excluding the propulsion systems or auxiliary power
units;

‘maximum allowable working pressure’ (MAWP) means the
maximum pressure to which a component is designed to be
subjected to and which is the basis for determining the
strength of the component under consideration;

‘nominal working pressure’ (NWP) means, as regards contain-
ers, the settled pressure at a uniform temperature of 288K
(15 °C) for a full container, or as regards other components,
the pressure level at which a component typically operates;

(g)

‘inner tank’ means the part of the hydrogen container
designed to use liquid hydrogen that contains the cryogenic
hydrogen.

For the purposes of paragraph 1(d), ‘hydrogen systems’ shall

2.
include, inter alia, the following:

1. Manufacturers shall demonstrate that all new hydrogen-
powered vehicles sold, registered or put into service within the
Community and all hydrogen components or hydrogen systems
sold or put into service within the Community are type-approved
in accordance with this Regulation and its implementing
measures.

2.
For the purposes of vehicle type-approval, manufacturers
shall equip hydrogen-powered vehicles with hydrogen compo-
nents and systems that comply with the requirements of this
Regulation and its implementing measures and are installed in
accordance with this Regulation and its implementing measures.

3.
For the purposes of the type-approval of components and
systems, manufacturers shall ensure that hydrogen components
and systems comply with the requirements of this Regulation and
its implementing measures.

4. Manufacturers shall provide the approval authorities with
appropriate information concerning the vehicle specifications and
test conditions.

5. Manufacturers shall provide information for the purposes of
inspection of hydrogen components and systems during the ser-
vice life of the vehicle.

Article 5

General requirements for hydrogen components and
systems

Manufacturers shall ensure that:

(a) hydrogen components and systems function in a correct and
safe way and reliably withstand electrical, mechanical, ther-
mal and chemical operating conditions without leaking or
visibly deforming;

(a) usage monitoring and control systems;

(b) hydrogen systems are protected against over-pressurisation;

4.2.2009

EN

Official Journal of the European Union

L 35/35

(c)

the materials used for those parts of the hydrogen compo-
nents and systems which are to be in direct contact with
hydrogen are compatible with hydrogen;

The containers referred to in paragraph 1 shall be tested in
2.
accordance with the test procedures set out in Annex IV with
regard to their type.

(d) hydrogen components and systems reliably withstand
expected temperatures and pressures during their expected
lifetime;

A detailed description of all principal properties of the
3.
material and tolerances used in the design of the container shall
be provided, including the results of tests to which the material
has been subjected.

(e) hydrogen components and systems reliably withstand the
range of operating temperatures laid down in the implement-
ing measures;

(f) hydrogen components are marked in accordance with the

implementing measures;

(g) hydrogen components with directional flow have the flow

direction clearly indicated;

Article 9

Requirements for hydrogen components, other than
containers, designed to use compressed (gaseous)
hydrogen

Hydrogen components, other than containers, designed to use
compressed (gaseous) hydrogen shall be tested in accordance with
the test procedures set out in Annex V with regard to their type.

(h) hydrogen components and systems are designed in such a
way that they can be installed in accordance with the require-
ments of Annex VI.

Article 10

General requirements for the installation of hydrogen
components and systems

Article 6

Requirements for hydrogen containers designed to use
liquid hydrogen

Hydrogen containers designed to use liquid hydrogen shall be
tested in accordance with the test procedures set out in Annex II.

Article 7

Requirements for hydrogen components, other than
containers, designed to use liquid hydrogen

1.
Hydrogen components, other than containers, designed to
use liquid hydrogen shall be tested in accordance with the test
procedures set out in Annex III with regard to their type.

2.
Pressure relief devices shall be designed so as to ensure that
the pressure in the inner tank or in any other hydrogen compo-
nent does not exceed a permissible value. The values shall be set
in proportion to the maximum allowable working pressure
(MAWP) of the hydrogen system. A safety system for heat
exchangers shall be provided for the detection of their failure.

Article 8

Requirements for hydrogen containers designed to use
compressed (gaseous) hydrogen

Hydrogen components and systems shall be installed in accor-
dance with the requirements of Annex VI.

Article 11

Timetable for application

1. With effect from 24 February 2011, national authorities
shall refuse to grant:

(a) EC type-approval or national type-approval in respect of new
types of vehicle on grounds relating to hydrogen propulsion,
where such vehicle does not comply with the requirements
of this Regulation or of its implementing measures; and

(b) EC type-approval in respect of new types of hydrogen com-
ponent or system, where such component or system does
not comply with the requirements of this Regulation or of its
implementing measures.

2. With effect from 24 February 2012, national authorities
shall:

(a) on grounds relating to hydrogen propulsion, consider certifi-
cates of conformity for new vehicles to be no longer valid for
the purposes of Article 26 of Directive 2007/46/EC, and pro-
hibit the registration, sale and entry into service of such
vehicles, where such vehicles do not comply with the require-
ments of this Regulation or of its implementing measures;
and

1.
Hydrogen containers designed to use compressed (gaseous)
hydrogen shall be classified in accordance with point 1 of
Annex IV.

(b) prohibit the sale and entry into service of new hydrogen
components or systems, where such components or systems
do not comply with the requirements of this Regulation or of
its implementing measures.

L 35/36

EN

Official Journal of the European Union

4.2.2009

3. Without prejudice to paragraphs 1 and 2, and subject to the
entry into force of implementing measures adopted pursuant to
Article 12(1), if a manufacturer so requests, national authorities
shall not:

The Commission may adopt the following implementing

2.
measures:

(a)

specifications for requirements relating to any of
following:

the

(a) on grounds relating to hydrogen propulsion, refuse to grant
EC type-approval or national type-approval for new types of
vehicle, or EC type-approval for new types of hydrogen com-
ponent or system, where such vehicle, component or system
complies with the requirements of this Regulation and its
implementing measures; or

(b) prohibit the registration, sale and entry into service of new
vehicles or the sale and entry into service of new hydrogen
components or systems, where such vehicles, components or
systems comply with the requirements of this Regulation and
its implementing measures.

— the use of pure hydrogen or a mixture of hydrogen and

natural gas/biomethane,

— new forms of hydrogen storage or usage,

— the impact protection of vehicles with regard to the

integrity of hydrogen components and systems,

— integrated system safety requirements, covering at least
the detection of leakage and requirements relating to
purge gas,

— electrical isolation and electric safety;

Article 12

Implementing measures

(b) other measures necessary for

the application of

this

Regulation.

The Commission shall adopt the following implementing

1.
measures:

Those measures, designed to amend non-essential elements of this
Regulation by supplementing it, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 13(2).

(a) administrative provisions for the EC type-approval of
vehicles, with regard to hydrogen propulsion, and hydrogen
components and systems;

Article 13

Committee procedure

(b)

rules on the information to be provided by manufacturers for
the purposes of the type-approval and inspection referred to
in Article 4(4) and (5);

(c) detailed rules for the test procedures set out in Annexes II

to V;

The Commission shall be assisted by the Technical Commit-
1.
tee — Motor Vehicles (TCMV) established by Article 40(1) of
Directive 2007/46/EC.

2. Where reference is made to this paragraph, Article 5a(1)
to (4) and Article 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.

(d) detailed rules concerning the requirements for the installation
of hydrogen components and systems set out in Annex VI;

Article 14

Amendments to Directive 2007/46/EC

(e) detailed rules concerning the requirements for the safe and
reliable functioning of hydrogen components and systems set
out in Article 5;

Annexes IV, VI and XI to Directive 2007/46/EC shall be amended
in accordance with Annex VII to this Regulation.

Article 15

Penalties for non-compliance

(f) detailed rules for the labelling or other means of clear and
rapid identification of hydrogen-powered vehicles referred to
in point 16 of Annex VI.

Those measures, designed to amend non-essential elements of this
Regulation by supplementing it, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 13(2).

1. Member States shall lay down the provisions on penalties
applicable for infringement by manufacturers of the provisions of
this Regulation and its implementing measures and shall take all
measures necessary to ensure that they are implemented. The
penalties provided for shall be effective, proportionate and dissua-
sive. By 24 August 2010, Member States shall notify those pro-
visions to the Commission, and shall notify it without delay of
any subsequent amendment affecting them.

4.2.2009

EN

Official Journal of the European Union

L 35/37

The types of infringement which are subject to a penalty

2.
shall include at least the following:

(e) use of defeat devices.

(a) making false declarations during an approval procedure or a

procedure leading to a recall;

(b)

falsifying test results for type-approval or in-use compliance;

(c) withholding data or technical specifications which could lead

to recall or withdrawal of type-approval;

(d)

refusal to provide access to information;

Article 16

Entry into force

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

It shall apply from 24 February 2011, with the exception of
Article 11(3) and Article 12, which shall apply from the date of
entry into force of this Regulation, and Article 11(2), which shall
apply from the date set out therein.

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

Done at Strasbourg, 14 January 2009.

For the European Parliament
The President
H.-G. PÖTTERING

For the Council
The President
A. VONDRA

L 35/38

EN

Official Journal of the European Union

4.2.2009

ANNEX I

List of hydrogen components to be type-approved

Where fitted to a hydrogen-powered vehicle, the following hydrogen components must be type-approved:

(a)

components designed to use liquid hydrogen:

1.

2.

3.

4.

5.

container;

automatic shut-off valve;

check valve or non-return valve (if used as a safety device);

flexible fuel line (if upstream of first automatic shut-off valve or other safety devices);

heat exchanger;

6. manual or automatic valve;

7.

8.

9.

pressure regulator;

pressure relief valve;

pressure, temperature and flow sensors (if used as a safety device);

10.

refuelling connection or receptacle;

11. hydrogen leakage detection sensors;

(b)

components designed to use compressed (gaseous) hydrogen with a nominal working pressure of over 3,0 MPa:

1.

2.

3.

4.

5.

6.

7.

container;

automatic shut-off valve;

container assembly;

fittings;

flexible fuel line;

heat exchanger;

hydrogen filter;

8. manual or automatic valve;

9.

non-return valve;

10. pressure regulator;

11. pressure relief device;

12. pressure relief valve;

13.

refuelling connection or receptacle;

14.

removable storage system connector;

15. pressure, temperature, hydrogen and flow sensors (if used as a safety device);

16. hydrogen leakage detection sensors.

4.2.2009

EN

Official Journal of the European Union

L 35/39

Applicable test procedures for hydrogen containers designed to use liquid hydrogen

ANNEX II

Type of test

Burst test

Bonfire test

Maximum filling level test

Pressure test

Leak test

The test procedures to be applied for the type-approval of hydrogen containers designed to use liquid hydrogen must include:

(a) Burst test: the purpose of the test is to provide evidence that the hydrogen container does not fail before a specified
level of high pressure, the burst pressure (safety factor multiplied by the MAWP) is exceeded. In order to obtain type-
approval, the value of the real burst pressure during the test must exceed the required minimum burst pressure.

(b) Bonfire test: the purpose of the test is to provide evidence that the container with its fire protection system does not

burst when tested under specified fire conditions.

(c) Maximum filling level test: the purpose of the test is to provide evidence that the system, which prevents overfilling of
the container, works adequately and that the level of hydrogen during the filling procedure never causes the opening of
the pressure relief devices.

(d)

(e)

Pressure test: the purpose of the test is to provide evidence that the hydrogen container can withstand a specified level
of high pressure. In order to prove this, the container is pressurised to a given value for a specified time. After the test
the container must not show any signs of visible permanent deformation or visible leaks.

Leak test: the purpose of the test is to provide evidence that the hydrogen container does not show evidence of leakage
under specified conditions. In order to prove this, the container is pressurised to its nominal working pressure. It must
not show any evidence of leakage detected through cracks, pores or other similar defects.

Applicable test procedures for hydrogen components, other than containers, designed to use liquid hydrogen

ANNEX III

HYDROGEN COMPONENT

Pressure test

External
leakage test

Endurance
test

Operational
test

Corrosion
resistance test

Resistance to
dry-heat test

Ozone ageing
test

Temperature
cycle test

Pressure cycle
test

Hydrogen
compatibility
test

Seat leakage test

TYPE OF TEST

Pressure relief devices

Valves

Heat exchangers

Refuelling connections or
receptacles

Pressure regulators

Sensors

Flexible fuel lines

Subject to specific requirements in relation to any of the hydrogen components, the test procedures to be applied for the type-approval of hydrogen components, other than containers, designed to use liquid hydrogen
must include:

(a)

Pressure test: the purpose of the test is to provide evidence that the hydrogen components can withstand a level of pressure which is higher than the working pressure of the component. The hydrogen compo-
nents must not show any visible evidence of leak, deformation, rupture or cracks when the pressure is increased to a certain level.

(b)

External leakage test: the purpose of the test is to provide evidence that the hydrogen components are free from external leakage. The hydrogen components must not show evidence of porosity.

(c)

Endurance test: the purpose of the test is to provide evidence that the hydrogen components are capable of continuous reliable operation. The test consists of carrying out a specific number of test cycles for the
hydrogen component under specified temperature and pressure conditions. A test cycle means the normal operation (i.e. one opening and one closing) of the hydrogen component.

(d) Operational test: the purpose of the test is to provide evidence that the hydrogen components are capable of operating reliably.

(e) Corrosion resistance test: the purpose of the test is to provide evidence that the hydrogen components are capable of resisting corrosion. In order to prove this, the hydrogen components are submitted to contact

with specified chemicals.

(f)

Resistance to dry-heat test: the purpose of the test is to provide evidence that the non-metallic hydrogen components are capable of resisting high temperature. In order to prove this, the components are exposed
to air at the maximum operating temperature.

(g) Ozone ageing test: the purpose of the test is to provide evidence that the non-metallic hydrogen components are capable of resisting ageing due to ozone. In order to prove this, the components are exposed to

air with high ozone concentration.

L

3
5
/
4
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

.

4
2
2
0
0
9

(h) Temperature cycle test: the purpose of the test is to provide evidence that the hydrogen components are capable of resisting high variations of temperature. In order to prove this, the hydrogen components are

submitted to a temperature cycle of specified duration from the minimum operating temperature up to the maximum operating temperature.

(i)

Pressure cycle test: the purpose of the test is to provide evidence that the hydrogen components are capable of resisting high variations of pressure. In order to prove this, the hydrogen components are submitted
to a pressure change from atmospheric pressure to the maximum allowable working pressure (MAWP) and then back to atmospheric pressure within a short period of time.

(j) Hydrogen compatibility test: the purpose of the test is to provide evidence that metallic hydrogen components (i.e. cylinders and valves) are not susceptible to hydrogen embrittlement. In hydrogen components

that are subjected to frequent load cycles, conditions that can lead to local fatigue and the initiation and propagation of fatigue cracks in the structure must be avoided.

(k)

Seat leakage test: the purpose of the test is to provide evidence that hydrogen components are free from leakage while installed in the hydrogen system.

.

.

4
2
2
0
0
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

L

3
5
/
4
1

L 35/42

EN

Official Journal of the European Union

4.2.2009

Applicable test procedures for hydrogen containers designed to use compressed (gaseous) hydrogen

ANNEX IV

Applicable to container type

1

2

3

4

Type of test

Burst test

Ambient temperature pressure cycle test

LBB performance test

Bonfire test

Penetration test

Chemical exposure test

Composite flaw tolerance test

Accelerated stress rupture test

Extreme temperature pressure cycle test

Impact damage test

Leak test

Permeation test

Boss torque test

Hydrogen gas cycle test

1. Classification of hydrogen containers designed to use compressed (gaseous) hydrogen:

Type 1 Seamless metallic container

Type 2 Hoop wrapped container with a seamless metallic liner

Type 3 Fully wrapped container with a seamless or welded metallic liner

Type 4 Fully wrapped container with a non-metallic liner.

2. The test procedures to be applied for the type-approval of hydrogen containers designed to use compressed (gaseous)

hydrogen must include:

(a) Burst test: the purpose of the test is to provide the value of the pressure at which the container bursts. In order to
prove this, the container is pressurised to a given value, which must be higher than the nominal working pressure
of the container. The burst pressure of the container must exceed a specified pressure. The burst pressure of the
container must be recorded and be kept by the manufacturer throughout the service life of the container.

(b) Ambient temperature pressure cycle test: the purpose of the test is to provide evidence that the hydrogen container
is capable of resisting high variations of pressure. In order to prove this, pressure cycles are carried out on the con-
tainer until a failure occurs or until a specified number of cycles is reached by increasing and decreasing the pres-
sure to a specified value. The containers must not fail before reaching a specified number of cycles. The number of
cycles to failure, along with the location and description of the failure, must be documented. The manufacturer must
keep the results throughout the service life of the container.

(c)

Leak before break (LBB) performance test: the purpose of the test is to provide evidence that the hydrogen con-
tainer fails by leakage before rupture. In order to prove this, pressure cycles are carried out on the container by
increasing and decreasing the pressure to a specified value. The containers tested must either fail by leakage or
exceed a specified number of test cycles without failure. The number of cycles to failure, along with the location
and description of the failure, must be recorded.

(d) Bonfire test: the purpose of the test is to provide evidence that the container with its fire protection system does
not burst when tested under specified fire conditions. The container, pressurised to working pressure, must only
vent through the pressure relief device and must not rupture.

4.2.2009

EN

Official Journal of the European Union

L 35/43

(e)

(f)

Penetration test: the purpose of the test is to provide evidence that the container does not rupture when penetrated
by a bullet. In order to prove this, the complete container with its protective coating is pressurised and penetrated
by a bullet. The container must not rupture.

Chemical exposure test: the purpose of the test is to provide evidence that the container can withstand exposure to
specified chemical substances. In order to prove this, the container is exposed to various chemical solutions. The
pressure of the container is increased to a given value and a burst test as referred to under point (a) is carried out.
The container must achieve a specified burst pressure, which must be recorded.

(g) Composite flaw tolerance test: the purpose of the test is to provide evidence that the hydrogen container is capable
of resisting exposure to high pressure. In order to prove this, flaws of specified geometry are cut into the container
sidewall and a specified number of pressure cycles carried out. The container must not leak or rupture within a
number of cycles, but may fail by leakage during the remaining test cycles. The number of cycles to failure, along
with the location and description of the failure, must be recorded.

(h) Accelerated stress rupture test: the purpose of the test is to provide evidence that the hydrogen container is capable
of resisting exposure to high pressure and high temperatures at the limit of the allowable operating range for an
extended period of time. In order to prove this, the container is exposed for a specified time to specified pressure
and temperature conditions, and subsequently undergoes a burst test as referred to under point (a). The container
must achieve a specified burst pressure.

(i)

(j)

(k)

(l)

Extreme temperature pressure cycle test: the purpose of the test is to provide evidence that the hydrogen container
can withstand variations of pressure under different temperature conditions. In order to prove this, the container,
free of any protective coating, is hydrostatically cycle tested by being subjected to extreme ambient conditions, and
subsequently undergoes a burst test and a leak test as referred to under points (a) and (k). When cycle tested, the
containers must not show evidence of rupture, leakage or fibre unravelling. The containers must not burst at a speci-
fied pressure.

Impact damage test: the purpose of the test is to provide evidence that the hydrogen container remains operational
after being submitted to the specified mechanical impacts. In order to prove this, the container is subjected to a
drop test, and a specified number of pressure cycles are carried out. The container must not leak or rupture within
a specified number of cycles, but may fail by leakage during the remaining test cycles.

Leak test: the purpose of the test is to provide evidence that the hydrogen container does not show evidence of
leakage under the specified conditions. In order to prove this, the container is pressurised to its nominal working
pressure. It must not show any evidence of leakage detected through cracks, pores or similar defects.

Permeation test: the purpose of the test is to provide evidence that the hydrogen container does not permeate more
than a specified rate. In order to prove this, the container is pressurised with hydrogen gas to nominal working
pressure and then monitored for permeation in a closed chamber for a specified time under specified temperature
conditions.

(m) Boss torque test: the purpose of the test is to provide evidence that the hydrogen container is capable of resisting
the specified torque. In order to prove this, a torque is applied to the container from different directions. Then a
burst test and a leak test as referred to under points (a) and (k) are carried out. The container must meet the burst
and leak test requirements. The applied torque, leakage and burst pressure must be recorded.

(n) Hydrogen gas cycle test: the purpose of the test is to provide evidence that the hydrogen container is capable of
resisting high variations of pressure when hydrogen gas is used. In order to prove this, the container is subjected to
a number of pressure cycles with the use of hydrogen gas and a leak test as referred to under point (k). Deteriora-
tions, such as fatigue cracking or electrostatic discharge of the container, are inspected. The container must meet
leak test requirements. The container must be free of any deterioration, such as fatigue cracking or electrostatic
discharge.

L 35/44

EN

Official Journal of the European Union

4.2.2009

ANNEX V

Applicable test procedures for hydrogen components, other than containers, designed to use compressed
(gaseous) hydrogen

HYDROGEN COMPONENT

Material
tests

Corrosion
resistance
test

Endurance
test

Pressure
cycle test

Internal
leakage test

External
leakage test

TYPE OF TEST

Pressure relief devices

Automatic valves

Manual valves

Non-return valves

Pressure relief valves

Heat exchangers

Refuelling connections
or receptacles

Pressure regulators

Sensors for hydrogen systems

Flexible fuel lines

Fittings

Hydrogen filters

Removable storage system con-
nectors

Subject to specific requirements for any of the hydrogen components, the test procedures to be applied for the type-approval
of hydrogen components, other than containers, designed to use compressed (gaseous) hydrogen must include:

1. Material tests:

1.1. Hydrogen compatibility test set out in point (j) of Annex III.

1.2. Ageing test: the purpose of the test is to check whether the non-metallic material used in a hydrogen component

can withstand ageing. No visible cracking of the test samples is allowed.

1.3. Ozone compatibility test: the purpose of the test is to check whether the elastomer material of a hydrogen com-

ponent is compatible with ozone exposure. No visible cracking of the test samples is allowed.

2.

3.

4.

5.

Corrosion resistance test set out in point (e) of Annex III.

Endurance test set out in point (c) of Annex III.

Pressure cycle test set out in point (i) of Annex III. The hydrogen components must not show visible signs of defor-
mation or extrusion and must fulfil the requirements of the internal and external leakage tests.

Internal leakage test: the purpose of the test is to provide evidence that the specified hydrogen components are free
from internal leakage. In order to prove this, the hydrogen components are pressurised under different temperature
conditions and observed for leakage. The hydrogen components must stay bubble free and must not leak internally at
a higher rate than a specified number.

6.

External leakage test set out in point (b) of Annex III.

4.2.2009

EN

Official Journal of the European Union

L 35/45

Requirements for the installation of hydrogen components and systems

ANNEX VI

1.

The hydrogen system must be installed in such a way that it is protected against damage.

It must be isolated from heat sources in the vehicle.

2.

The hydrogen container may only be removed for replacement with another hydrogen container, for the purpose of
refuelling or for maintenance.

In the case of an internal combustion engine, the container must not be installed in the engine compartment of the
vehicle.

It must be adequately protected against all kinds of corrosion.

3. Measures must be taken to prevent misfuelling of the vehicle and hydrogen leakage during refilling and to make sure

that the removal of a removable hydrogen storage system is done safely.

4.

5.

6.

7.

The refuelling connection or receptacle must be secured against maladjustment and protected from dirt and water. The
refuelling connection or receptacle must be integrated with a non-return valve or a valve with the same function. If the
refuelling connection is not mounted directly on the container, the refuelling line must be secured by a non-return valve
or a valve with the same function which is mounted directly on or within the container.

The hydrogen container must be mounted and fixed so that the specified accelerations can be absorbed without dam-
age to the safety related parts when the hydrogen containers are full.

The hydrogen fuel supply lines must be secured with an automatic shut-off valve mounted directly on or within the
container. The valve shall close if a malfunction of the hydrogen system so requires or any other event that results in
the leakage of hydrogen occurs. When the propulsion system is switched off, the fuel supply from the container to the
propulsion system must be switched off and remain closed until the system is required to operate.

In the event of an accident, the automatic shut-off valve mounted directly on or within the container shall interrupt the
flow of gas from the container.

8. Hydrogen components, including any protective materials that form part of such components, must not project beyond
the outline of the vehicle or protective structure. This does not apply to a hydrogen component which is adequately
protected and no part of which is located outside this protective structure.

9.

The hydrogen system must be installed in such a way that it is protected against damage so far as is reasonably prac-
ticable, such as damage due to moving vehicle components, impacts, grit, the loading or unloading of the vehicle or
the shifting of loads.

10. Hydrogen components must not be located near the exhaust of an internal combustion engine or other heat source,

unless such components are adequately shielded against heat.

11. The ventilating or heating system for the passenger compartment and places where leakage or accumulation of hydro-

gen is possible must be designed so that hydrogen is not drawn into the vehicle.

12.

In the event of an accident, it must be ensured so far as is reasonably practicable that the pressure relief device and the
associated venting system remain capable of functioning. The venting system of the pressure relief device must be
adequately protected against dirt and water.

13. The passenger compartment of the vehicle must be separated from the hydrogen system in order to avoid accumula-
tion of hydrogen. It must be ensured that any fuel leaking from the container or its accessories does not escape to the
passenger compartment of the vehicle.

14. Hydrogen components that could leak hydrogen within the passenger or luggage compartment or other non-ventilated
compartment must be enclosed by a gas-tight housing or by an equivalent solution as specified in the implementing
measures.

15. Electrically operated devices containing hydrogen must be insulated in such a manner that no current passes through

hydrogen containing parts in order to prevent electric sparks in the case of a fracture.

Metallic components of the hydrogen system must have electrical continuity with the vehicle’s earth.

16. Labels or other means of identification must be used to indicate to rescue services that the vehicle is powered by hydro-

gen and that liquid or compressed (gaseous) hydrogen is used.

L 35/46

EN

Official Journal of the European Union

4.2.2009

ANNEX VII

Amendments to Directive 2007/46/EC

Directive 2007/46/EC is hereby amended as follows:

1.

In Part I of Annex IV, the following row shall be added to the table:

Item

Subject

Regulatory act
reference

Official Journal
reference

Applicability

M1 M2 M3 N1 N2 N3 O1 O2 O3 O4

‘62

Hydrogen system

Regulation (EC)
No 79/2009

L 35, 4.2.2009,
p. 32

X

X

X

X

X

X’

2.

In the Appendix to Part I of Annex IV, the following row shall be added to the table:

Subject

Regulatory act reference

Official Journal reference

‘62

Hydrogen system

Regulation (EC) No 79/2009

L 35, 4.2.2009, p. 32

M1

X’

3.

In the Appendix to Annex VI, the following row shall be added to the table:

Subject

Regulatory act reference (1)

As amended by

Applicable
to versions

‘62.

Hydrogen system

Regulation (EC) No 79/2009’

4.

In Appendix 1 to Annex XI, the following row shall be added to the table:

Item

Subject

Regulatory act reference

M1 ≤ 2 500 (1) kg M1 > 2 500 (1) kg

M2

M3

‘62

Hydrogen system

Regulation (EC)
No 79/2009

Q

G + Q

G + Q G + Q’

5.

In Appendix 2 to Annex XI, the following row shall be added to the table:

Item

Subject

Regulatory act reference

M1 M2 M3

‘62

Hydrogen system

Regulation (EC)
No 79/2009

A

A

A

N1

A

N2

A

N3

A’

O1

O2

O3

O4

6.

In Appendix 3 to Annex XI, the following row shall be added to the table:

Item

Subject

Regulatory act reference

‘62

Hydrogen system

Regulation (EC) No 79/2009

M1

X’

7.

In Appendix 4 to Annex XI, the following row shall be added to the table:

Item

Subject

Regulatory act reference

‘62

Hydrogen system

Regulation (EC)
No 79/2009

M2

Q

M3

Q

N1

Q

N2

Q

N3

Q’

O1

O2

O3

O4

8.

In Appendix 5 to Annex XI, the following row shall be added to the table:

Item

Subject

Regulatory act reference

‘62

Hydrogen system

Regulation (EC) No 79/2009

Mobile crane of
category N3

X’