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
Date: 2010-10-04
Institutions: European Commission
Subjects: Community certification, approval, environmental protection, harmonisation of standards, marketing standard, motor vehicle, two-wheeled vehicle, vehicle parts

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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) 

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

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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:  

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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 

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Framework Directive of the European Parliament and Council 2002/24/EC1 

Directives: 
93/14/EEC2  93/30/EEC3  93/33/EEC4 
93/93/EEC5 
2009/62/EC10 
2002/51/EC9 
2000/7/EC8 
97/24/EC7 
2009/78/EC12  2009/79/EC13  2009/80/EC14 

95/1/EC6  
2009/67/EC11
2009/139/EC15 

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OJ L 124, 9.5.2002, p. 1 
OJ L 121, 15.5.1993, p. 1 
OJ L 188, 29.7.1993, p. 1 
OJ L 188, 29.7.1993, p. 32 
OJ L 311, 14.12.1993, p. 76 
OJ L 52, 8.3.1995, p. 1 
OJ L 226, 18.8.1997, p. 1 

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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  Report17  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  quality19,  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 Council21 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. 

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OJ L 106, 3.5.2000, p. 1 
OJ L 252, 20.9.2002, p. 20 
OJ L 198, 30.7.2009, p. 20 
OJ L 222, 25.8.2009, p. 1 
OJ L 231, 3.9.2009, p. 8 
OJ L 201, 1.8.2009, p. 29 
OJ L 202, 4.8.2009, p. 16 
OJ L 322, 9.12.2009, p. 3 
http://ec.europa.eu/enterprise/automotive/pagesbackground/competitiveness/cars21.htm. 
http://ec.europa.eu/enterprise/automotive/pagesbackground/competitiveness/cars21finalreport.pdf. 
COM(2008) 33 final, 30.1.2008, proposal No 49, p. 32. 
http://ec.europa.eu/environment/archives/cafe/general/keydocs.htm. 
http://www.erscharter.eu/. 
OJ L 218, 13.8.2008, p. 82. 

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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  published22  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 available23. 

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  report25  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. 

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http://ec.europa.eu/enterprise/automotive/consultation/2_3_wheelers/index.htm. 
http://ec.europa.eu/enterprise/automotive/consultation/2_3_wheelers/contributions.htm. 
http://circa.europa.eu/Public/irc/enterprise/automotive/library?l=/ 
mcwg_motorcycle&vm=detailed&sb=Title. 
http://ec.europa.eu/enterprise/automotive/consultation/2_3_wheelers/results_report.pdf. 

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•  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 

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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: 

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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: 

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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; 

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sound. 

(2) a Regulation on vehicle functional safety requirements and related subjects: 

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audible warning devices; 

braking, including anti-lock and combined brake systems; 

electrical safety; 

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– 

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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: 

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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. 

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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. 

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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. 

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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 Committee26, 

Having regard to the opinion of the Committee of the Regions27 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

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. 

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, 

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OJ L […], […], p. […] 
OJ L […], […], p. […] 

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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.  

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.  

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 
century28, 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 
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 
UNECE30  regulations  listed  in  the  Annexes  to  this  Regulation  and  in  the  separate 
delegated acts.  

the  administrative  burden  of 

the 

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. 

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  Assessment31 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 

COM(2007) 22 final. 
OJ L 346, 17.12.1997, p.78 
http://www.unece.org/trans/main/wp29/wp29wgs/wp29gen/wp29pub/wp29pub2002e.pdf. 
[….add link when published] 

(4) 

(5) 

(6) 

(7) 

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(8) 

(9) 

analysis.  After  comparison  of  the  different  options  and  identification  of  preferred 
options, they were chosen to form the basis for this Regulation. 

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. 

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 
products32.  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-

32 

OJ L 218, 13.8.2008, p. 30 

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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.  

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. 

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. 

(13) 

(14) 

(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/EC33  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). 

33 

OJ L 184, 17.7.1999, p. 23 

EN 

12 

   EN 

                                                 
(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: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

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 
vehicles34; 

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 vehicles35; 

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;  

Directive 2009/78/EC of the European Parliament and of the Council of 
13 July 2009 on stands for two-wheel motor vehicles37; 

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 vehicles38; 

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 vehicles39; 

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/EC40; 

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 
vehicles41 and repealing Council Directive 92/61/EEC; 

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 

34 
35 
36 
37 
38 
39 
40 
41 

OJ L 322, 9.12.2009, p. 3 
OJ L 202, 4.8.2009, p. 16 
OJ L 201, 1.8.2009, p. 29 
OJ L 231, 3.9.2009, p. 8 
OJ L 222, 25.8.2009, p. 1 
OJ L 198, 30.7.2009, p. 20 
OJ L 252, 20.9.2002, p. 20 
OJ L 124/1, 09.05.2002, p. 1 

EN 

13 

   EN 

                                                 
amending Council Directive 92/61/EEC on the type-approval of two- or 
three-wheel motor vehicles42; 

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 vehicles43; 

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 vehicles44; 

Council  Directive  93/93/EEC  of  29  October  1993  on  the  masses  and 
dimensions of two or three-wheel motor vehicles45; 

Council  Directive  93/33/EEC  of  14  June  1993  on  protective  devices 
intended  to  prevent  unauthorised  use  of  two-  or  three-wheel  motor 
vehicles46; 

Council  Directive  93/30/EEC  of  14  June  1993  on  audible  warning 
devices for two-or three-wheel motor vehicles47; 

Council  Directive  93/14/EEC  of  5  April  1993  on  the  braking  of  two  or 
three-wheel motor vehicles48. 

– 

– 

– 

– 

– 

– 

42 
43 
44 
45 
46 
47 
48 

OJ L 106, 3.5.2000, p. 1 
OJ L 226, 18.8.1997, p. 1 
OJ L 52, 8.3.1995, p. 1 
OJ L 311, 14.12.1993, p. 76 
OJ L 188, 29.7.1993, p. 32 
OJ L 188, 29.7.1993, p. 11 
OJ L 121, 15.5.1993, p. 1 

EN 

14 

   EN 

                                                 
HAVE ADOPTED THIS REGULATION: 

CHAPTER I 
SUBJECT MATTER, SCOPE AND DEFINITIONS 

1. 

2. 

3. 

1. 

Article 1 
Subject matter 

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

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. 

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 

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. 

2. 

This Regulation does not apply to the following vehicles: 

(a) 

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

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

(c) 

vehicles exclusively intended for pedestrian control; 

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

(e) 

(f) 

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

agricultural  or  forestry  vehicles  subject  to  Directive  2003/37/EC  of  the 
European  Parliament  and  of  the  Council49,  machines  subject  to  Directives 
2006/42/EC50  and  97/68/EC  of  the  European  Parliament  and  of  the  Council51 

49 
50 
51 

OJ L 171, 9.7.2003, p. 1. 
OJ L 157, 9.6.2006, p. 24. 
OJ L 59, 27.2.1998, p. 1 

EN 

15 

   EN 

                                                 
and  motor  vehicles  subject  to  Directive  2007/46/EC  of  the  European 
Parliament and of the Council52; 

(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: 

‘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; 

‘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; 

‘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; 

‘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; 

‘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; 

‘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; 

‘separate technical unit  type-approval’ means  a  type-approval  whereby  an  approval 
authority  certifies  that  a  separate  technical  unit  satisfies  the  relevant  administrative 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

52 

OJ L 263, 9.10.2007, p. 1 

EN 

16 

   EN 

                                                 
8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

provisions  and  technical  requirements  in  relation  to  one  or  more  specified  types  of 
vehicles; 

‘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; 

‘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; 

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

‘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; 

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

‘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; 

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

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

‘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; 

‘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; 

‘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; 

‘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; 

EN 

17 

   EN 

20. 

21. 

22. 

23. 

24. 

25. 

26. 

27. 

28. 

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

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

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

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

‘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; 

‘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; 

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

‘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; 

‘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; 

29. 

‘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; 

30. 

31. 

‘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; 

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; 

EN 

18 

   EN 

32. 

33. 

34. 

35. 

36. 

37. 

38. 

39. 

40. 

41. 

42. 

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

‘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; 

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

‘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; 

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

‘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; 

‘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; 

‘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; 

‘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; 

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

‘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 

EN 

19 

   EN 

43. 

44. 

45. 

46. 

47. 

48. 

49. 

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; 

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

‘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; 

‘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; 

‘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; 

‘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; 

‘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; 

‘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; 

50. 

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

51. 

‘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; 

EN 

20 

   EN 

52. 

53. 

54. 

55. 

56. 

57. 

58. 

59. 

60. 

61. 

62. 

63. 

64. 

65. 

‘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; 

‘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’; 

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

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

‘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; 

‘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; 

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

‘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; 

‘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; 

‘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; 

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

‘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; 

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

‘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; 

EN 

21 

   EN 

(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; 

66. 

‘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) 

(g) 

(h) 

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

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

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. 

67. 

‘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 

1. 

2. 

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. 

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); 

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22 

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(b) 

(c) 

(d) 

(e) 

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

Category L2e vehicle (three-wheel moped). 

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

(i)  motorcycle performance53 , 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. 

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

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); 

53 

OJ  L  403,  30.12.2006,  recast  Driving  Licence  Directive  2006/126/EC,  p.  21,  performance  definitions, 
categories A1 and A2. 

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23 

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(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. 

3. 

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. 

4. 

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) 

(d) 

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

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

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CHAPTER II 
GENERAL OBLIGATIONS 

1. 

2. 

3. 

4. 

1. 

2. 

1. 

Article 5 
General obligations of Member States and national authorities 

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. 

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. 

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. 

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 

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

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 

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 

EN 

25 

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2. 

3. 

4. 

5. 

6. 

7. 

8. 

stages  shall  be  responsible  for  the  approval  and  conformity  of  production  of  those 
components and systems. 

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. 

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. 

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. 

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. 

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. 

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. 

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 

1. 

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.  

EN 

26 

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2. 

3. 

4. 

1. 

2. 

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. 

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. 

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) 

(3) 

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; 

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 

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

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). 

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27 

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3. 

4. 

5. 

6. 

7. 

1. 

2. 

3. 

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. 

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. 

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. 

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. 

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  

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.  

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. 

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. 

EN 

28 

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4. 

1. 

2. 

3. 

1. 

2. 

3. 

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 

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 . 

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). 

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  

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. 

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.  

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 

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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. 

4. 

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) 

(2) 

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

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

CHAPTER III 
SUBSTANTIVE REQUIREMENTS  

Article 16  
General substantive requirements 

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. 

In  order  to  ensure  a  high  level  of  safety  and  environmental  protection,  the 
Commission  shall 
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. 

technical  requirements, 

lay  down  detailed 

including 

1. 

2. 

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30 

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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 

‘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). 

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. 

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.  

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. 

1. 

2. 

3. 

4. 

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31 

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1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

Article 19 
General requirements of on-board diagnostic systems 

Four years after the date referred to in the second subparagraph of Article 82, 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). 

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. 

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

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). 

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

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 

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 

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. 

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. 

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32 

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4. 

1. 

2. 

3. 

4. 

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 

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 . 

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. 

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 
the 
the 
Annex  VII  and  demonstrate 
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 ; 

type-approval  authority 

that 

to 

(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, 

EN 

33 

   EN 

VI(A3),  VI(B2),  VI(C2)  and  Annex  VII  concerning  Euro  5  (Euro  6  for  L3e 
motorcycles) durability mileages and deterioration factors. 

5. 

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

(a) 

(b) 

(c) 

(d) 

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

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); 

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); 

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) 

(g) 

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). 

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). 

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. 

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 

6. 

7. 

EN 

34 

   EN 

8. 

9. 

10. 

11. 

12. 

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. 

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. 

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. 

‘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. 

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

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 

1. 

2. 

3. 

CO2  (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. 

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. 

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.  

EN 

35 

   EN 

CHAPTER IV 
EU TYPE-APPROVAL PROCEDURES 

Article 23  
Procedures for EU type-approval  

1. 

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. 

2. 

3. 

4. 

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

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. 

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

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. 

5. 

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. 

EN 

36 

   EN 

6. 

1. 

2. 

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 

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

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

3. 

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

Article 25  
Information folder 

1. 

2. 

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

The information folder shall include the following: 

(1) 

(2) 

(3) 

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

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

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

3. 

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 

1. 

2. 

3. 

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. 

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. 

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

EN 

37 

   EN 

(a) 

(b) 

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; 

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. 

4. 

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

CHAPTER V 
CONDUCT OF EU TYPE-APPROVAL PROCEDURES 

Article 27 
General provisions 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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. 

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

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. 

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. 

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. 

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. 

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. 

EN 

38 

   EN 

8. 

9. 

10. 

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. 

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. 

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 

1. 

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

(a) 

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

(b) 

the test results; 

2. 

3. 

4. 

(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. 

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

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. 

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. 

EN 

39 

   EN 

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 

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. 

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. 

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. 

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 

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. 

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. 

1. 

2. 

3. 

4. 

1. 

2. 

EN 

40 

   EN 

3. 

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. 

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. 

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

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 

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. 

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. 

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. 

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 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

EN 

41 

   EN 

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. 

5. 

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 VI 
AMENDMENTS TO EU TYPE-APPROVALS 

Article 32 
General provisions 

1. 

2. 

3. 

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, 
manufacturer that a new EU type-approval is to be granted. 

the  approval  authority  may  decide,  after  consulting 

the 

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. 

If  the  approval  authority  finds  that,  for  the  purposes  of  making  an  amendment, 
inspections or tests need to be repeated, it shall inform the manufacturer accordingly. 

The  procedures  referred  to  in  Article  33  shall  apply  only  if,  on  the  basis  of  those 
inspections  or  tests,  the  approval  authority  concludes  that  the  requirements  for  EU 
type-approval continue to be fulfilled. 

Article 33 
Revisions and extensions of EU type approvals 

1. 

If  particulars  recorded  in  the  information  package  have  changed,  without  requiring 
inspections or tests to be repeated, the amendment shall be designated a ‘revision’. 

In such cases, the approval authority shall issue the revised page of the information 
package  as  necessary,  marking  each  revised  page  to  show  clearly  the  nature  of  the 
change and the date of re-issue. A consolidated, updated version of the information 
package, accompanied by a detailed description of the changes, shall be deemed to 
meet this requirement. 

2. 

The amendment shall be designated an ‘extension’ when particulars recorded in the 
information package have changed and any of the following occurs: 

(a) 

further inspections or tests are required; 

EN 

42 

   EN 

(b) 

(c) 

any information on the EU type-approval certificate, with the exception of its 
attachments, has changed; 

new requirements under any act listed in Annex II applicable to the approved 
vehicle  type  or  to  the  approved  system,  component  or  separate  technical  unit 
become applicable. 

In  the  case  of  an  extension,  the  approval  authority  shall  issue  a  revised  EU  type-
approval certificate denoted by an extension number, incremented in accordance with 
the  number  of  successive  extensions  already  granted.  The  approval  certificate  shall 
clearly show the reason for the extension and the date of re-issue. 

Whenever amended pages or a consolidated, updated version are issued, the index to 
the  information  package  attached  to  the  approval  certificate  shall  be  amended 
accordingly to show the date of the most recent extension or revision, or the date of 
the most recent consolidation of the updated version. 

Article 34 
Issue and notification of amendments 

In the case of an extension, all relevant sections of the EU type-approval certificate, 
the attachments thereto, and the index to the information package shall be updated. 
The  updated  certificate  and  its  attachments  shall  be  issued  to  the  applicant  without 
delay. 

In the case of a revision, the revised documents or the consolidated, updated version, 
as  appropriate,  including  the  revised  index  to  the  information  package,  shall  be 
issued by the approval authority to the applicant without delay. 

The  approval  authority  shall  notify  any  amendment  made  to  EU  type-approvals  to 
the  approval  authorities  of  the  other  Member  States  in  accordance  with  the 
procedures set out in Article 27. 

CHAPTER VII 
VALIDITY OF EU TYPE-APPROVAL  

Article 35 
Termination of validity 

EU type-approvals shall be issued for an unlimited duration. 

An  EU  type-approval  of  a  vehicle  shall  cease  to  be  valid  in  any  of  the  following 
cases: 

(a) 

new  requirements  in  any  act  applicable  to  the  approved  vehicle  type  become 
mandatory for the sale, registration or entry into service of new vehicles, and it 
is not possible to update the type-approval accordingly; 

(b)  production of the approved vehicle is definitively discontinued voluntarily; 

3. 

1. 

2. 

3. 

1. 

2. 

EN 

43 

   EN 

(c) 

the  validity  of  the  approval  expires  by  virtue  of  a  special  restriction  in 
accordance with Article 38. 

Where  only  one  variant  within  a  type  or  one  version  within  a  variant  becomes 
invalid, the EU type-approval of the vehicle in question shall lose validity only in so 
far as the particular variant or version is concerned. 

When  production  of  a  particular  type  of  vehicle  is  definitively  discontinued,  the 
manufacturer  shall  notify  the  approval  authority  that  granted  the  EU  type-approval 
for that vehicle. 

Upon  receiving  the  notification  referred  to  in  the  first  subparagraph,  the  approval 
authority  which  granted  the  EU  type-approval  for  the  vehicle  shall  inform  the 
approval authorities of the other Member States accordingly within one month. 

Without prejudice to paragraph 4, in cases where an EU type-approval of a vehicle is 
due  to  become  invalid,  the  manufacturer  shall  notify  the  approval  authority  that 
granted the EU type-approval. 

The  approval  authority  that  granted  the  EU  type-approval  shall  without  delay 
communicate  all  relevant  information  to  the  approval  authorities  of  the  other 
Member States so as to enable the application, where appropriate, of Article 39. 

The  communication  referred  to  in  the  second  subparagraph  shall  specify,  in 
particular,  the  date  of  production  and  the  vehicle  identification  number  of  the  last 
vehicle produced. 

CHAPTER VIII 
CERTIFICATE OF CONFORMITY AND MARKINGS 

Article 36 
Certificate of conformity 

The  manufacturer,  in  its  capacity  as  the  holder  of  a  whole-vehicle  type-approval, 
shall  deliver  a  certificate  of  conformity  as  a  paper  document  to  accompany  each 
vehicle,  whether  complete,  incomplete  or  completed,  which  is  manufactured  in 
conformity with the approved vehicle type. 

Such  a  certificate  shall  be  delivered  free  of  charge  to  the  buyer  together  with  the 
vehicle.  Its  delivery  may  not  be  made  dependent  on  an  explicit  request  or  the 
submission of additional information to the manufacturer. 

The manufacturer shall use the template for the certificate of conformity adopted by 
the Commission in accordance with Article 73. 

Unless a different agreement has been concluded with the buyer of the vehicle, the 
certificate  of  conformity  shall  be  drawn  up  in  the  official  language  of  the  Member 
State where the vehicle is purchased. 

3. 

4. 

5. 

1. 

2. 

3. 

EN 

44 

   EN 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

The certificate of conformity shall be designed to prevent forgery. To that end, the 
paper  used  shall  be  protected  either  by  coloured  graphics  or  by  a  watermark  in  the 
form of the manufacturer’s identification mark. 

The certificate of conformity shall be completed in its entirety and shall not contain 
restrictions  as  regards  the  use  of  the  vehicle  other  than  those  provided  for  in  the 
implementing act adopted in accordance with Article 73. 

In the case of an incomplete or completed vehicle, the manufacturer shall fill in only 
those items of the certificate of conformity which have been added or changed at the 
current  stage  of  approval  and,  if  applicable,  shall  attach  to  the  certificate  all 
certificates of conformity delivered at the previous stage. 

The certificate of conformity, as set out in the implementing act adopted under this 
Regulation, shall, for vehicles approved in accordance with Article 39(2), display in 
its title the phrase ‘For complete/completed vehicles, type-approved in application of 
Article 39 (provisional approval)’. 

The certificate of conformity, as set out in the implementing act adopted under this 
Regulation, shall, for vehicles type-approved in accordance with Article 41, display 
in  its  title  the  phrase  ‘For  complete/completed  vehicles  type-approved  in  small 
series’,  and  in  close  proximity  thereto  the  year  of  production  followed  by  a 
sequential  number,  between  1  and  the  limit  indicated  in  the  table  set  out  in  the 
implementing act, denoting, in respect of each year of production, the position of that 
vehicle within the production sequence for that year. 

Without  prejudice  to  the  provisions  of  paragraph  1,  the  manufacturer  may  transmit 
data or information contained in the certificate of conformity by electronic means to 
the national authorities. 

A duplicate of the certificate of conformity may be issued only by the manufacturer. 
The word ‘duplicate’ shall be clearly visible on the face of any duplicate certificate. 

Article 37 
Statutory marking of vehicles and type-approval mark of components or separate technical 
units 

1. 

2. 

3. 

The manufacturer of a vehicle shall affix to each vehicle manufactured in conformity 
with  the  approved  type  a  statutory  plate  required  by  the  relevant  delegated  or 
implementing act listed in Annex II. 

The manufacturer of a component or separate technical unit, whether or not it is part 
of a system, shall affix to each component or separate technical unit manufactured in 
conformity with the approved type the type-approval mark required by the relevant 
delegated or implementing act listed in Annex II. 

Where no such type-approval mark is required for a component or separate technical 
unit,  the  manufacturer  shall  affix  at  least  the  trade  name  or  trade  mark  of  the 
manufacturer, the type number and an identification number. 

EN 

45 

   EN 

4. 

The EU statutory plate and type-approval mark shall be in accordance with the model 
set out in the implementing act laid down in article 73 adopted under this Regulation. 

CHAPTER IX 
EXEMPTIONS FOR NEW TECHNOLOGIES OR CONCEPTS 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 38 
Exemptions for new technologies or new concepts 

The manufacturer may apply for an EU type-approval in respect of a type of system, 
component or separate technical unit that incorporates new technologies or concepts 
which are incompatible with one or more acts listed in Annex II. 

The  approval  authority  shall  grant  the  EU  type-approval  referred  to  in  paragraph  1 
when all of the following conditions are met: 

(a) 

(b) 

the application states the reasons why the technologies or concepts in question 
make the system, component or separate technical unit incompatible with one 
or more acts listed in Annex II; 

the application describes the safety and environmental implications of the new 
technology  and  the  measures  taken  in  order  to  ensure  at  least  an  equivalent 
level  of  safety  and  environmental  protection  as  that  provided  by  the 
requirements from which exemption is sought; 

(c) 

test  descriptions  and  results  are  presented  which  prove  that  the  condition  in 
point (b) is met. 

The granting of an exemption for new technologies or new concepts shall be subject 
to  authorisation  by  the  Commission  granted  by  way  of  a  decision  adopted  in 
accordance with the procedure referred to in Article 74(2). 

Pending  the  decision  on  authorisation  by  the  Commission,  the  approval  authority 
may grant a provisional approval, valid only in the territory of the Member State in 
question,  in  respect  of  a  type  of  vehicle  covered  by  the  exemption  sought.  The 
approval authority shall inform the Commission and the other Member States thereof 
without delay by means of a file containing the information referred to in paragraph 
2. 

Other approval authorities may decide to accept the provisional approval referred to 
in paragraph 4 within their territory. 

Where appropriate, the authorisation by the Commission referred to in paragraph 3 
shall  also  specify  whether  it  is  subject  to  any  restrictions.  In  all  cases,  the  type-
approval shall be valid for at least 36 months. 

If  the  Commission  decides  to  refuse  authorisation,  the  approval  authority  shall 
immediately give notice to the holder of the provisional type-approval referred to in 
paragraph 4 that the provisional approval will be revoked six months after the date of 
the Commission’s refusal. 

EN 

46 

   EN 

However, vehicles manufactured in conformity with the provisional approval before 
it ceases to be valid may be sold, registered or entered into service in any Member 
State that accepted the provisional approval. 

Article 39 
Subsequent need to adaptation of legal requirements  

1. 

Where the Commission authorises the granting of an exemption pursuant to Article 
38,  it  shall,  where  necessary,  take  the  necessary  steps  to  adapt  the  delegated  or 
implementing acts concerned to technological developments. 

Where  an  exemption  under  Article  38  relates  to  a  UNECE  regulation,  the 
Commission  shall  propose  an  amendment  to  the  UNECE  regulation  in  accordance 
with the procedure applicable under the Agreement of the United Nations Economic 
Commission  for  Europe concerning the adoption  of  uniform  technical  prescriptions 
for  wheeled  vehicles,  equipment  and  parts  which  can  be  fitted  to  and/or  used  on 
wheeled vehicles and the conditions for reciprocal recognition of approvals granted 
on the basis of these prescriptions54. 

2. 

As  soon  as  the  relevant  acts  have  been  amended,  any  restriction  linked  to  the 
Commission decision authorising the exemption shall be lifted. 

If  the  necessary  steps  to  adapt  the  delegated  or  implementing  acts  have  not  been 
taken,  the  Commission  may,  at  the  request  of  the  Member  State  which  granted  the 
approval, authorise by means of a decision adopted in accordance with the procedure 
referred to in Article 74(2) the Member State to extend the type-approval. 

CHAPTER X 
VEHICLES PRODUCED IN SMALL SERIES 

Article 40 
National type-approval of small series 

The manufacturer may apply for a type-approval of small series of a type of vehicle 
within the quantitative annual limits set out in Annex III. These limits shall apply to 
the  sale,  registration  or  entry  into  service  of  vehicles  of  the  approved  type  on  the 
Union market in a given year. 

For the type-approval of small series the approval authority may, if it has reasonable 
grounds  to  do  so,  waive  one  or  more  of  the  provisions  of  one  or  more  of  the  acts 
listed in Annex II, provided that it specifies alternative requirements. 

The  alternative  requirements  referred  to  in  paragraph  1  shall  ensure  a  level  of 
functional safety and environmental protection which is equivalent as far as possible 
to that provided for by the relevant act or acts listed in Annex II. 

http://ec.europa.eu/enterprise/sectors/automotive/technical-harmonisation/global-
harmonisation/index_en.htm#h2-1 

1. 

2. 

54 

EN 

47 

   EN 

                                                 
3. 

4. 

For the type-approval of vehicles under this Article, systems, components or separate 
technical units which are type-approved in accordance with the acts listed in Annex 
II shall be accepted. 

The  type-approval  certificate  for  vehicles  type-approved  in  accordance  with  this 
Article  shall  be  drafted  in  accordance  with  the  model  set  out  in  implementing  act 
adopted  pursuant  to  Article  73,  but  shall  not  bear  the  heading  ‘EU  vehicle  type-
approval certificate’ and shall specify the content of the waivers granted pursuant to 
paragraph  1.  Type-approval  certificates  shall  be  numbered  in  accordance  with  the 
implementing act adopted pursuant to Article 73.  

5. 

The  validity  of  a  national  type-approval  of  small  series  shall  be  restricted  to  the 
territory of the Member State whose approval authority granted the approval. 

However, at the request of the manufacturer, a copy of the type-approval certificate 
and  its  attachments  shall  be  sent  by  registered  mail  or  by  electronic  mail  to  the 
approval authorities of the Member States designated by the manufacturer. 

Within 3 months of receipt of the request referred to in subparagraph 2, the approval 
authorities  of  the  Member  States  designated  by  the  manufacturer  shall  decide 
whether or not they accept the type-approval. They shall formally communicate their 
decision to the approval authority which granted the national type-approval of small 
series. 

The  approval  authorities  of  the  Member  States  shall  accept  the  national  type-
approval unless they have reasonable grounds to believe that the technical provisions 
according to which the vehicle was approved are not equivalent to their own. 

At the request of an applicant of a national type-approval of small series who wishes 
to sell, register or to be responsible for the entry into service of a vehicle in another 
Member  State,  the  approval  authority  which  granted  a  national  type-approval  of 
small series shall provide that applicant with a copy of the type-approval certificate 
including the information package. The type-approval authority of the other Member 
State shall permit the sale, registration or entry into service of a vehicle unless it has 
reasonable  grounds  to  believe  that  the  technical  provisions  according  to  which  the 
vehicle was approved are not equivalent to its own.  

CHAPTER XI 
INDIVIDUAL APPROVALS 

Article 41 
Individual approvals 

At  the  request  of  the  owner  of  the  vehicle,  approval  authorities  shall  grant  an 
individual approval to a vehicle which conforms to the description appended to the 
application and complies with the provisions of this Regulation. 

In  the  individual  approval  procedure,  approval  authorities  shall  certify  that  the 
vehicle complies with the relevant acts listed in Annex II. 

6. 

1. 

2. 

EN 

48 

   EN 

3. 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

An individual approval shall apply to a particular vehicle, whether it is unique or not. 

Applications  for  individual  approval  shall  cover  a  maximum  of  5  vehicles  of  the 
same type. 

After granting the type-approval, the approval authority shall without delay issue the 
individual approval certificate. 

The format of the individual approval certificate shall be based on the template for 
the EU type-approval certificate as set out in an implementing act adopted pursuant 
to  Article  73  and  shall  contain  at  least  the  information  necessary  to  complete  the 
application for registration provided for in Council Directive 1999/37/EC55. 

Individual approval certificates shall not bear the heading ‘EU vehicle approval’. An 
individual  approval  certificate  shall  bear  the  vehicle  identification  number  of  the 
vehicle concerned. 

This  Article  shall  apply  to  vehicles  which,  at  the  time  of  the  application  for 
individual approval, have not previously been sold or of which the entry into service 
did not happen yet, involving identification and the issuing of a registration number, 
including  temporary  or  short-term  registration  or  professional  registration,  or  have 
only been sold, registered or have been entering into service for less than six months. 

This  Chapter  may  apply  to  vehicles  which  have  been  type-approved  in  accordance 
with this Regulation and which have been modified before being sold, registered or 
before the entry into service of the vehicle. 

Article 42 
Exemptions for individual approvals 

An  approval  authority  may  exempt  the  vehicle  from  compliance  with  requirements 
laid down in one or more of the acts listed in Annex II, provided that the approval 
authority  imposes  alternative  requirements  and  has  reasonable  grounds  for  such 
exemption. 

The  alternative  requirements  shall  ensure  a  level  of  functional  safety  and 
environmental protection which is equivalent as far as possible to that provided for 
by the relevant act listed in Annex II. 

Approval authorities shall not carry out destructive tests. They shall use any relevant 
information  provided  by  the  applicant  of  an  individual  approval  to  establish 
compliance with the alternative requirements. 

Approval authorities shall accept any EU type-approval for a system, component or 
separate technical unit instead of the alternative requirements. 

3. 

The approval authority shall grant the individual approval if the vehicle conforms to 
the  description  appended  to  the  application  and  satisfies  the  applicable  technical 
requirements and shall without delay issue the individual approval certificate. 

55 

OJ L 138, 1.6.1999, p. 57. 

EN 

49 

   EN 

                                                 
The format of the individual approval certificate shall be based on the template of the 
EU type-approval certificate referred to in Article 28(2) and shall contain at least the 
information  necessary  to  complete  the  application  for  registration  provided  for  in 
Council Directive 1999/37/EC56. 

Individual approval certificates shall not bear the heading "EU vehicle approval". An 
individual  approval  certificate  shall  bear  the  vehicle  identification  number  of  the 
vehicle concerned. 

Article 43 
Validity and acceptance of individual approval  

The  validity  of  an  individual  approval  shall  be  restricted  to  the  territory  of  the 
Member State in which it was granted. 

For the purpose of sale, registration and entry into service in another Member State 
of  a  vehicle  which  has  been  granted  an  individual  approval,  the  approval  authority 
that  granted  the  approval  shall,  on  request,  provide  the  applicant  of  an  individual 
approval with a statement of the technical provisions against which the vehicle was 
approved and any additional information stating in detail the nature of the technical 
requirements satisfied by that particular vehicle. 

With  regard  to  a  vehicle  which  has  been  granted  an  individual  approval  by  an 
approval authority of one Member State in accordance with the provisions of Article 
34,  the  other  Member  States  shall  permit  the  sale,  registration  and  entry  into  of  a 
vehicle unless they have reasonable grounds to believe that the technical provisions 
against which the vehicle was approved are not equivalent to their own. 

At  the  request  of  the  owner  of  the  vehicle,  approval  authorities  shall  grant  an 
individual  approval  to  a  vehicle  which  complies  with  the  provisions  of  this 
Regulation. In such a case, approval authorities shall accept the individual approval 
and shall permit the sale, registration and entry into service of this vehicle.  

Article 44 
Specific provisions concerning individual approvals 

The provisions of this Chapter may apply to vehicles which have been type-approved 
in accordance with this Regulation and which have been modified before their first 
sale, registration or entry into service. 

The  procedure  set  out  in  this  Chapter  may  apply  to  a  particular  vehicle  during  the 
successive  stages  of  its  completion  in  accordance  with  a  multi-stage  type-approval 
procedure. 

The procedure set out in this Chapter may not replace an intermediate stage within 
the normal sequence of a multi-stage type-approval procedure and may not apply for 
the purposes of obtaining the first-stage approval of a vehicle. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

56 

OJ L 138, 1.6.1999, p. 57. 

EN 

50 

   EN 

                                                 
CHAPTER XII 
SALE, REGISTRATION AND ENTRY INTO SERVICE  

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Article 45 
Sale, registration and entry into service of vehicles 

Without prejudice to Articles 41 and 42, vehicles for which EU whole-vehicle type-
approval  is  mandatory  or  for  which  the  manufacturer  has  obtained  such  type-
approval  under  this  Regulation  shall  be  sold,  registered  or  may  enter  into  service 
only  if  they  are  accompanied  by  a  valid  certificate  of  conformity  issued  in 
accordance with Article 36. 

In the case of incomplete vehicles, the sale or entry into service of such vehicles is 
permitted,  but  the  authorities  responsible  for  vehicle  registration  of  the  Member 
States  may  refuse  to  allow  the  permanent  registration  and  use  on  the  road  of  such 
vehicles. 

As  regards  small-series  vehicles,  the  number  of  vehicles  sold,  registered  and  their 
entry  into  service  in  the  Union  in  the  course  of  a  single  year  shall  not  exceed  the 
number of units set out in Annex III. 

Paragraph  1  shall  not  apply  to  vehicles  intended  for  use  by  the  armed  forces  or  by 
civil protection, fire-fighting or public order services or to vehicles type-approved in 
accordance with Articles 40 or 43.  

At  the  request  of  the  owner  of  the  vehicle,  approval  authorities  shall  grant  an 
individual  approval  to  a  vehicle  which  complies  with  the  provisions  of  this 
Regulation. In such a case, approval authorities shall accept the individual approval 
and shall permit the vehicle to be sold, registered and permit the entry into service of 
the vehicle. 

Article 46 
Sale, registration and entry into service of end-of-series vehicles 

Subject  to  the  end-of-series  limits  and  time  limit  specified  in  paragraphs  2  and  4, 
vehicles conforming to a type of vehicle whose EU type-approval is no longer valid 
may be registered. 

The first subparagraph shall apply only to vehicles within the territory of the Union 
which were covered by a valid EU type-approval at the time of their production, but 
which had not been registered before that EU type-approval lost its validity. 

Paragraph  1  shall  apply,  in  the  case  of  complete  vehicles,  for  a  period  of  twelve 
months from the date on which validity of the EU type-approval expired and, in the 
case of completed vehicles, for a period of eighteen months from that date. 

A  manufacturer  who  wishes  to  benefit  from  the  provisions  of  paragraph  1  shall 
submit a request to the national authority of each Member State where the vehicles in 
question  are  to  be  registered.  That  request  shall  specify  any  technical  or  economic 

EN 

51 

   EN 

reasons  preventing  those  vehicles  from  complying  with  the  new  type-approval 
requirements. 

The national authority concerned shall decide, within three months of receiving the 
request,  whether  and  in  what  number  to  permit  the  registration  of  those  vehicles 
within their territory. 

The amount of end-of-series vehicle shall not exceed 10 % of the number of vehicles 
registered in the two preceding years or 10 vehicles per Member State, whatever is 
the highest. 

Before their registration, the manufacturer shall issue a new certificate of conformity 
for  end-of-series  vehicles  qualifying  the  vehicles  as  "end-of-series"  and  indicating 
the number and the Member State of first registration in conformity with the template 
for the certificate of conformity established by the Commission in accordance with 
Article 73 

Member  States  shall  ensure  that  the  number  of  vehicles  to  be  registered  under  the 
procedure set out in this Article is effectively monitored. 

This Article shall apply only to discontinuation due to termination of validity of the 
type-approval in the case referred to in Article 35(2). 

Article 47 
Sale and entry into service of components and separate technical units 

Components  or  separate  technical  units  may  be  sold  and  the  entry  into  service  is 
allowed  only  if  they  comply  with  the  requirements  of  the  relevant  delegated  acts 
listed in Annex II and are properly marked in accordance with Article 37. 

Paragraph  1  shall  not  apply  in  the  case  of  components  or  separate  technical  units 
which are specifically constructed or designed for new vehicles not covered by this 
Regulation. 

By  way  of  derogation  from  paragraph  1,  Member  States  may  permit  the  sale  and 
entry  into  service  of  components  or  separate  technical  units  which  have  been 
exempted  from  one  or  more  provisions  of  this  Regulation  under  Article  38  or  are 
intended  for  mounting  on  vehicles  covered  by  approvals  granted  under  Articles  40 
and 41 that concern the component or separate technical unit in question. 

By  way  of  derogation  from  paragraph  1,  and  unless  otherwise  provided  for  in  this 
Regulation  or  in  one  of  its  delegated  acts,  Member  States  may  permit  the  sale  or 
entry into service  of components or separate  technical units which are  intended  for 
mounting on vehicles which, when sold or at the entry into service, were not required 
to be EU type-approved by this Regulation or by Directive 2002/24/EC.  

4. 

5. 

6. 

7. 

1. 

2. 

3. 

4. 

EN 

52 

   EN 

CHAPTER XIII 
SAFEGUARD CLAUSES 

Article 48 
Procedure for dealing with vehicles, systems, components or separate technical units 
presenting a risk at national level 

1. 

2. 

3. 

4. 

5. 

Where  the  market  surveillance  authorities  of  one  Member  State  have  taken  action 
pursuant  to  Article  20  of  Regulation  (EC)  No  765/2008,  or  where  they  have 
sufficient  reason  to  believe  that  a  vehicle,  system,  component  or  separate  technical 
unit covered by this Regulation presents a risk to the health or safety of persons or to 
other  aspects  of  the  protection  of  public  interests  covered  by  this  Regulation,  the 
approval authorities  shall  carry out an evaluation in relation to the vehicle, system, 
component  or  separate  technical  unit  concerned  covering  all  the  requirements  laid 
down in this Regulation. The relevant economic operators shall cooperate fully with 
the market surveillance and/or approval authorities. 

Where,  in  the  course  of  that  evaluation,  the  market  surveillance  and/or  approval 
authorities  find  that  the  vehicle,  system,  component  or  separate  technical  unit  does 
not  comply  with  the  requirements  laid  down  in  this  Regulation,  they  shall  without 
delay require the relevant economic operator to take all appropriate corrective action 
to  bring  the  vehicle,  system,  component  or  separate  technical  unit  into  compliance 
with  those  requirements,  to  withdraw  the  vehicle,  system,  component  or  separate 
technical  unit  from  the  market,  or  to  recall  it  within  a  reasonable  period, 
commensurate with the nature of the risk. 

The approval authorities shall inform the relevant technical service of the measures 
taken  in  accordance  with  the  first  and  second  subparagraphs.  Article  21  of 
Regulation (EC) No 765/2008 shall apply to the measures referred to in the second 
subparagraph. 

Where the approval authorities consider that non-conformity is not restricted to their 
national territory, they shall inform the Commission and the other Member States of 
the results of the evaluation and the action required of the economic operator. 

The economic operator shall ensure that all appropriate corrective action is taken in 
respect  of  all  non-compliant  vehicles,  systems,  components  or  separate  technical 
units that it has sold, registered or is responsible for its entry into service throughout 
the Union. 

Where  the  economic  operator  does  not  take  adequate  corrective  action  within  the 
period referred to in the second subparagraph of paragraph 1, the national authorities 
shall take all appropriate measures to prohibit or restrict the sale, registration or entry 
into  service  of  non-compliant  vehicles,  systems,  components  or  separate  technical 
units on their national market, to withdraw them from that market or to recall them. 

The national authorities shall inform the Commission and the other Member States, 
without delay, of those measures. 

EN 

53 

   EN 

The  information  provided  shall  include  all  available  details,  in  particular  the  data 
necessary for the identification of the non-compliant vehicle, system, component or 
separate  technical  unit,  its  origin,  the  nature  of  the  non-conformity  alleged  and  the 
risk  involved,  the  nature  and  duration  of  the  national  measures  taken,  and  the 
arguments put forward by the relevant economic operator. In particular, the approval 
authorities  shall  indicate  whether  the  non-conformity  is  due  to  either  of  the 
following: 

(a) 

failure  of  the  vehicle,  system,  component  or  separate  technical  unit  to  meet 
requirements  relating  to  the  health  or  safety  of  persons,  the  protection  of  the 
environment or to other aspects of the protection of public interests covered by 
this Regulation; or 

(b) 

shortcomings in the relevant acts listed in Annex II. 

Member States other than the Member State initiating the procedure shall within one 
month inform the Commission and the other Member States of any measures adopted 
and of any additional information at their disposal relating to the non-conformity of 
the  vehicle,  system,  component  or  separate  technical  unit  concerned,  and,  in  the 
event of disagreement with the notified national measure, of their objections. 

Where, within one month of receipt of the information referred to in paragraph 6, no 
objection  has  been  raised  by  either  another  Member  State  or  the  Commission  in 
respect  of  a  measure  taken  by  a  Member  State,  that  measure  shall  be  deemed 
justified. 

Member States shall ensure that appropriate restrictive measures are taken in respect 
of  the  vehicle,  system,  component  or  separate  technical  unit  concerned,  such  as 
withdrawal  of  the  vehicle,  system,  component  or  separate  technical  unit  from  their 
market, without delay. 

Article 49 
Union safeguard procedure 

Where,  during  the  procedure  set  out  in  Article  41,  objections  are  raised  against  a 
measure  taken  by  a  Member  State,  or  where  the  Commission  considers  a  national 
measure to be contrary to the legislation of the Union, the Commission shall without 
delay evaluate the national measure after consulting Member States and the relevant 
economic  operator  or  operators.  On  the  basis  of  the  results  of  that  evaluation,  the 
Commission shall decide whether the national measure is justified or not. 

The  Commission  shall  communicate  its  decision  to  all  Member  States  and  to  the 
relevant economic operator or operators. 

If  the  national  measure  is  considered  justified,  all  Member  States  shall  take  the 
measures necessary to ensure that the non-compliant vehicle, system, component or 
separate  technical  unit  is  withdrawn  from  their  market,  and  shall  inform  the 
Commission  accordingly.  If  the  national  measure  is  considered  unjustified,  the 
Member State concerned shall withdraw the measure. 

6. 

7. 

8. 

1. 

2. 

EN 

54 

   EN 

3. 

Where the national measure is considered justified and is attributed to shortcomings 
in  this  Regulation  or  in  delegated  or  implementing  acts  adopted  under  this 
Regulation, the Commission shall propose appropriate measures as follows: 

(a)  where  delegated  or  implementing  acts  adopted  under  this  Regulation  are 
concerned, the Commission shall propose the necessary amendments to the act 
concerned; 

(b)  where  UNECE  regulations  are  concerned,  the  Commission  shall  propose  the 
necessary draft amendments to the relevant UNECE regulations in accordance 
with the procedure applicable under the Revised 1958 Agreement. 

Article 50 
Compliant vehicles, systems, components or separate technical units that present a risk 

1. 

2. 

3. 

4. 

5. 

Where,  having  performed  an  evaluation  under  Article  49(1),  a  national  authority 
finds  that  vehicles,  systems,  components  or  separate  technical  units,  although  they 
comply  with  the  applicable  requirements  or  are  properly  marked,  present  a  serious 
risk  to  safety  or  may  seriously  harm  the  environment  or  public  health  that  national 
authority  shall  require  the  relevant  economic  operator  to  take  all  appropriate 
measures  to  ensure  that  the  vehicle,  system,  component  or  separate  technical  unit 
concerned, when sold or registered or after its entry into service, no longer presents 
that risk, to withdraw the vehicle, system, component or separate technical unit from 
the market or to recall it within a reasonable period, commensurate with the nature of 
the risk. The registration authority may, for a maximum period of six months, refuse 
to allow such vehicles to be registered in its territory. 

For  a  vehicle,  system,  component  or  separate  technical  unit  as  referred  to  in 
paragraph  1,  the  economic  operator  shall  ensure  that  corrective  action  is  taken  in 
respect  of  all  such  vehicles,  systems,  components  or  separate  technical  units  sold, 
registered or at the entry into service in the Union. 

The  Member  State  shall  within  one  month  inform  the  Commission  and  the  other 
Member  States  of  all  available  details,  in  particular  the  data  necessary  for  the 
identification of the vehicle, system, component or separate technical unit concerned, 
the  origin  and  the  supply  chain  of  the  vehicle,  system,  component  or  separate 
technical  unit,  the  nature  of  the  risk  involved  and  the  nature  and  duration  of  the 
national measures taken. 

The  Commission  shall,  without  delay,  consult  the  Member  States  and  the  relevant 
economic operator or operators and, in particular, the approval authority that granted 
the type-approval, and shall evaluate the national measure taken. On the basis of that 
evaluation, the Commission shall decide whether the national measure is justified or 
not, and where necessary, propose appropriate measures. 

The  Commission  shall  address  its  decision  to  all  Member  States  and  shall 
immediately  communicate  it  to  them  and  the  relevant  economic  operator  or 
operators. 

EN 

55 

   EN 

Article 51 
Vehicles, systems, components or separate technical units not in conformity with the 
approved type 

1. 

2. 

3. 

4. 

5. 

6. 

Where  new  vehicles,  systems,  components  or  separate  technical  units  accompanied 
by  a  certificate  of  conformity  or  bearing  an  approval  mark  do  not  conform  to  the 
approved type, the approval authority which granted the EU type-approval shall take 
the  necessary  measures,  including  the  withdrawal  of  type-approval,  to  ensure  that 
production  vehicles,  systems,  components  or  separate  technical  units,  as  the  case 
may be, are brought into conformity with the approved type. The approval authorities 
shall  inform  the  approval  authorities  of  the  other  Member  States  of  the  measures 
taken within one month. 

For  the  purposes  of  paragraph  1,  deviations  from  the  particulars  in  the  EU  type-
approval certificate or the information package shall be deemed to constitute failure 
to conform to the approved type. A vehicle shall not be deemed to deviate from the 
approved type where tolerances are permitted by the relevant regulatory acts listed in 
Annex II and those tolerances are respected. 

If  an  approval  authority  demonstrates  that  new  vehicles,  components  or  separate 
technical  units  accompanied  by  a  certificate  of  conformity  or  bearing  an  approval 
mark issued in another Member State do not conform to the approved type, it may 
ask  the  approval  authority  which  granted  the  EU  type-approval  to  verify  that 
vehicles, systems, components or separate  technical units in production continue to 
conform  to  the  approved  type.  On  receipt  of  such  a  request,  the  approval  authority 
which  granted  the  EU  type-approval  shall  take  the  requisite  action  as  soon  as 
possible and at the latest within three months of the date of the request. 

The  approval  authority  shall  request  the  approval  authority  which  granted  the  EU 
type-approval for a system, component, separate technical unit or incomplete vehicle 
to  take  the  necessary  action  to  ensure  that  vehicles  in  production  are  brought  back 
into conformity with the approved type in the following cases: 

(a) 

(b) 

for  an  EU  vehicle  type-approval,  where  the  non-conformity  of  a  vehicle  is 
attributable  exclusively  to  the  non-conformity  of  a  system,  component  or 
separate technical unit; 

for  a  multi-stage  type-approval,  where  the  non-conformity  of  a  completed 
vehicle  is  attributable  exclusively  to  the  non-conformity  of  a  system, 
component or separate technical unit that forms part of the incomplete vehicle 
or to the non-conformity of the incomplete vehicle itself. 

On  receipt  of  such  a  request,  the  approval  authority  concerned  shall  take  the 
necessary action, if necessary in conjunction with the approval authority making the 
request, as soon as possible and at the latest within three months of the date of the 
request. 

Where  non-conformity  is  established,  the  approval  authority  of  the  Member  State 
that granted the EU type-approval for a system, component or separate technical unit 
or for the incomplete vehicle shall take the measures set out in paragraph 1. 

EN 

56 

   EN 

The approval authorities shall inform each other within one month of any withdrawal 
of EU type-approval and of the reasons therefor. 

7. 

If  the  approval  authority  that  granted  the  EU  type-approval  disputes  the  non-
conformity notified to it, the Member States concerned shall endeavour to settle the 
dispute.  The  Commission  shall  be  kept  informed  and,  where  necessary,  shall  hold 
appropriate consultations with a view to reaching a settlement. 

Article 52 
Systems, components or separate technical units which pose a significant risk to the correct 
functioning of essential systems 

1. 

2. 

3. 

Systems, components or separate technical units that may pose a significant risk to 
the correct functioning of systems that are essential for the safety of the vehicle or for 
its environmental performance may not be sold, registered or enter into service shall 
be  prohibited  unless  they  have  been  authorised  by  an  approval  authority  in 
accordance with paragraph 4 and Article 53(1) and (2). 

The  Commission  shall  establish  a  list  of  the  systems,  components  or  separate 
technical  units  covered  by  paragraph  1  by  means  of  delegated  acts  in  accordance 
with  Articles  76,  77  and  78,  taking  account  of  available  information  on  the 
following: 

(a) 

(b) 

the  seriousness  of  the  risk  to  the  safety  or  environmental  performance  of 
vehicles  fitted  with  the  systems,  components  or  separate  technical  units  in 
question; 

the  effect  on  consumers  and  after-market  manufacturers  of  the  imposition 
under  this  Article  of  a  possible  authorisation  requirement  for  systems, 
components or separate technical units. 

‘Original components’ are vehicle parts manufactured according to the specifications 
and production standards provided by the vehicle manufacturer for the production of 
components for the assembly of the vehicle in question, including those components 
which are manufactured on the same production line as these components, and, based 
on  a  rebuttable  presumption,  components  for  which  the  manufacturer  certifies  that 
they  match  the  quality  of  the  components  used  for  the  assembly  of  the  vehicle  in 
question and have been manufactured according to the specifications and production 
standards of the vehicle manufacturer; the same applies to separate technical units. 

Paragraph  1  shall  not  apply  to  original  systems,  components  or  separate  technical 
units and to systems, components or separate technical units that are type-approved 
in accordance with the provisions of one of the acts listed in Annex II, except where 
the approval relates to aspects other than those covered in paragraph 1. 

Paragraph  1  shall  not  apply  to  systems,  components  or  separate  technical  units 
produced  for  vehicles  intended  exclusively  for  racing  on  roads.  If  systems, 
components or separate technical units on a list in a delegated act to this Regulation 
have  a  dual  use,  for  vehicles  intended  exclusively  for  racing  on  roads  and  for 
vehicles intended for use on public roads, they may not be sold or offered for sale to 
consumers. 

EN 

57 

   EN 

4. 

5. 

The Commission shall, to the extent necessary, lay down the model and numbering 
system for the certificate referred to in third subparagraph of Article 53(1) as well as 
all  aspects  relating  to  the  procedure  by  means  of  implementing  act  in  accordance 
with  Article  73.  The  Commission,  shall  lay  down  the  requirements  which  such 
components must fulfil, the marking, packaging and the appropriate tests by means 
of delegated acts in accordance Articles 76, 77 and 78. 

The requirements referred to in paragraph 4 may be based on the acts listed in Annex 
II or may consist of a comparison of the system, component or separate technical unit 
with the performance of the original vehicle, or of any of its parts, as appropriate. In 
either  case  the  requirements  shall  ensure  that  the  systems,  components  or  separate 
technical units do  not impair  the functioning of those systems that are essential for 
the safety of the vehicle or its environmental performance. 

Article 53 
Systems, components or separate technical units which pose a significant risk to the correct 
functioning of essential systems — related requirements 

1. 

For  the  purposes  of  Article  52(1),  the  manufacturer  of  systems,  components  or 
separate technical units shall submit to the approval authority a test report drafted by 
a  designated  technical  service  which  certifies  that  the  systems,  components  or 
separate  technical  units  for  which  authorisation  is  sought  comply  with  the 
requirements  referred  to  in  Article  52(4).  The  manufacturer  may  submit  only  one 
application per type per part to only one approval authority. 

The application shall include details of the manufacturer of the systems, components 
or separate technical units, the type, identification and part numbers of the systems, 
components  or  separate  technical  units,  the  vehicle  manufacturer’s  name,  type  of 
vehicle and, if appropriate, year of construction or any other information permitting 
the  identification  of  the  vehicle  to  which  the  systems,  components  or  separate 
technical units are to be fitted. 

When the approval authority is satisfied, taking account of the test report and other 
evidence,  that  the  systems,  components  or  separate  technical  units  in  question 
comply with the requirements referred to in Article 52(4), it shall issue a certificate 
to  the  manufacturer  without  delay.  This  certificate  shall  authorise  the  systems, 
components  or  separate  technical  units  to  be  sold  and  the  entry  into  service  in  the 
Union subject to the second subparagraph of paragraph 2. 

2. 

3. 

The  manufacturer  shall  inform  without  delay  the  approval  authority  that  issued  the 
certificate  of  any  change  affecting  the  conditions  under  which  it  was  issued.  That 
approval authority shall decide whether the certificate has to be reviewed or reissued 
and whether further tests are necessary. 

The manufacturer shall be responsible for ensuring that the systems, components or 
separate  technical  units  are  produced  and  continue  to  be  produced  under  the 
conditions under which the certificate was issued. 

Before delivering any authorisation, the approval authority shall verify the existence 
of  satisfactory  arrangements  and  procedures  for  ensuring  effective  control  of 
conformity of production. 

EN 

58 

   EN 

Where  the  approval  authority  finds  that  the  conditions  for  issuing  the  authorisation 
are  no  longer  fulfilled,  it  shall  request  the  manufacturer  to  take  the  necessary 
measures  to  ensure  that  the  systems,  components  or  separate  technical  units  are 
brought back into conformity. If necessary, it shall withdraw the authorisation. 

Approval  authorities  from  different  Member  States  shall  bring  any  disagreement  in 
relation to the certificates referred to in the third subparagraph of paragraph 1 to the 
attention of the Commission. The Commission shall take the appropriate measures in 
order  to  resolve  the  disagreement,  including,  where  necessary,  requiring  the 
withdrawal of the authorisation, after having consulted the approval authorities. 

Until  the  list  referred  to  in  Article  52(2)  has  been  established,  Member  States  may 
maintain national provisions dealing with systems, components or separate technical 
units which may affect the correct functioning of systems essential for the safety of 
the vehicle or its environmental performance. 

Article 54 
Recall of vehicles, systems, components or separate technical units, 

Where a manufacturer who has been granted an EU whole-vehicle type-approval is 
obliged,  in  accordance  with  Regulation  (EC)  765/2008  to  recall  vehicles  sold, 
registered or for which entry into service the manufacturer was responsible because a 
system, component or separate technical unit fitted to the vehicle presents a serious 
risk  to  safety,  public  health  or  environmental  protection,  whether  or  not  duly 
approved  in  accordance  with  this  Regulation,  or  because  a  part  not  subject  to  any 
specific  requirements  under  type-approval  legislation  presents  a  serious  risk  to 
that  manufacturer  shall 
safety,  public  health  or  environmental  protection, 
immediately inform the approval authority that granted the vehicle approval thereof. 

Where a manufacturer of systems, components or separate technical units, who has 
been  granted  an  EU  type-approval  is  obliged,  in  accordance  with  Regulation  (EC) 
765/2008, to recall systems, components or separate technical units which have been 
sold or for which the manufacturer was responsible for the entry into service because 
these  present  a  serious  risk  to  safety,  occupational  safety,  public  health  or 
environmental  protection,  whether  or  not  duly  approved  in  accordance  with  this 
Regulation,  the  manufacturer  shall  immediately  inform  the  approval  authority  that 
granted the approval. 

The  manufacturer  shall  propose  to  the  approval  authority  a  set  of  appropriate 
remedies  to  neutralise  the  risk  referred  to  in  paragraphs  1  and  2.  The  approval 
authority shall communicate the proposed remedies to the approval authorities of the 
other Member States without delay. 

The approval authorities shall ensure that the measures are effectively implemented 
in their respective territories. 

If the remedies are considered to be insufficient or not implemented quickly enough 
by  the  approval  authority  concerned,  it  shall  inform  the  approval  authority  that 
granted the EU vehicle type-approval without delay. 

4. 

5. 

1. 

2. 

3. 

4. 

EN 

59 

   EN 

The  approval  authority  that  granted  the  EU  type-approval  shall  then  inform  the 
manufacturer.  If  the  manufacturer  does  not  propose  and  implement  effective 
corrective measures, the approval authority which granted the EU type-approval shall 
take  all  protective  measures  required,  including  the  withdrawal  of  the  EU  type-
approval. In the case of withdrawal of the EU type-approval, the approval authority 
shall  notify  the  manufacturer,  the  approval  authorities  of  the  other  Member  States 
and  the  Commission  by  registered  letter  or  equivalent  electronic  means  within  one 
month. 

Article 55 
Notification of decisions and remedies available 

All  decisions  taken  pursuant  to  the  provisions  of  this  Regulation  and  all  decisions 
refusing  or  withdrawing  EU  type-approval,  refusing  registration,  prohibiting  or 
restricting the sale, registration, entry into service or requiring withdrawal from the 
market shall state in detail the reasons on which they are based.  

Any  such  decision  shall  be  notified  to  the  party  concerned,  who  shall,  at  the  same 
time,  be  informed  of  the  remedies  available  to  it  under  the  laws  in  force  in  the 
Member  State  concerned  and  of  the  time  limits  allowed  for  the  exercise  of  such 
remedies. 

CHAPTER XIV 
INTERNATIONAL REGULATIONS 

Article 56 
UNECE regulations required for EU type-approval 

UNECE  regulations  to  which  the  Union  has  acceded  and  which  are  listed  in  this 
Regulation or in the delegated acts adopted under this Regulation shall be part of the 
EU type-approval of a vehicle. 

When the Union has decided to apply on a compulsory basis a UNECE regulation for 
the purpose of EU vehicle type-approval in accordance with Article 4(4) of Council 
Decision 97/836/EC, the Commission shall amend the annexes to this Regulation as 
appropriate, by means of a delegated act in accordance with Articles 76, 77 and 78. 
The delegated act amending the annexes to this Regulation shall specify the dates of 
compulsory application of the UNECE regulation or its amendments. 

Article 57 
UNECE regulations and EU type-approval of vehicles produced in small series 

The UNECE regulations listed in this Regulation shall be considered as equivalent to 
the corresponding delegated acts in as much as they share the same scope and subject 
matter. 

The  approval  authorities  of  the  Member  States  shall  accept  approvals  granted  in 
accordance  with  those  UNECE  regulations  and,  where  applicable,  the  relevant 

1. 

2. 

1. 

2. 

1. 

2. 

EN 

60 

   EN 

3. 

1. 

2. 

3. 

1. 

2. 

approval marks in lieu of the corresponding approvals and approval marks granted in 
accordance with this Regulation and its delegated acts. 

Where  the  Union  has  decided  to  apply,  for  the  purposes  of  paragraph  1,  a  new 
UNECE  regulation  or  a  UNECE  regulation  as  amended,  the  Commission  shall 
amend the annexes to this Regulation or the delegated acts as appropriate, by means 
of a delegated act in accordance with Articles 76, 77 and 78. 

CHAPTER XV 
PROVISION OF TECHNICAL INFORMATION 

Article 58 
Information intended for users 

The manufacturer may not supply any technical information related to the particulars 
provided  for  in  this  Regulation,  its  implementing  acts  or  delegated  acts  listed  in 
Annex  II  where  such  information  diverges  from  the  particulars  approved  by  the 
approval authority. 

Where  an  implementing  or  delegated  act  listed  in  Annex  II  so  provides,  the 
manufacturer  shall  make  available  to  users  all  relevant  information  and  necessary 
instructions  describing  any  special  conditions  or  restrictions  linked  to  the  use  of  a 
vehicle, a system, a component or a separate technical unit. 

That  information  shall  be  supplied  in  the  official  languages  of  the  Member  State 
where the vehicle is to be sold, registered and is to be entering into service. It shall be 
provided, after acceptance by the approval authority, in the owner’s manual. 

Article 59 
Information intended for manufacturers of components or separate technical units 

The vehicle manufacturer shall make available to the manufacturers of components 
or separate technical units all particulars which are necessary for EU type-approval 
of components or separate technical units, or are necessary to obtain an authorisation 
under Article 46, including, where applicable, drawings referred to in the acts listed 
in Annex II. 

The vehicle manufacturer may impose a binding agreement on the manufacturers of 
components  or  separate  technical  units  to  protect  the  confidentiality  of  any 
information  which  is  not  in  the  public  domain,  including  information  related  to 
intellectual property rights. 

The  manufacturer  of  components  or  separate  technical  units,  in  its  capacity  as  the 
holder  of  an  EU  type-approval  certificate  which,  in  accordance  with  Article  22(4), 
includes restrictions on use or special mounting conditions or both shall provide all 
the detailed information thereon to the vehicle manufacturer. 

Where  a  delegated  act  listed  in  Annex  II  so  provides,  the  manufacturer  of 
components or separate technical units shall provide, together with the components 

EN 

61 

   EN 

or  separate  technical  units  produced,  instructions  regarding  restrictions  on  use  or 
special mounting conditions or both. 

CHAPTER XVI 
Access to vehicle repair and maintenance information 

Article 60 
Manufacturers’ obligations 

1. 

2. 

Manufacturers  shall  provide  unrestricted  access  to  vehicle  repair  and  maintenance 
information to independent operators through websites using a standardised format in 
a readily accessible and prompt manner. In particular, this access shall be granted in 
a manner which is non-discriminatory compared to the access granted to authorised 
dealers and repairers. 

Until the Commission has adopted a common standard, the information referred to in 
paragraph  1  shall  be  submitted  in  a  consistent  manner  that  can  be  processed  by 
independent operators with reasonable effort. 

Manufacturers  shall  also  make  training  material  available  to  independent  operators 
and authorised dealers and repairers. 

3. 

The  information  referred  to  in  paragraph  1  shall  include  as  a  minimum  all  of  the 
following: 

(a) 

the unique vehicle identification number; 

(b) 

service handbooks including repair and maintenance records; 

(c) 

technical manuals; 

(d) 

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

(e)  wiring diagrams; 

(f) 

diagnostic trouble codes, including manufacturer-specific codes; 

(g) 

(h) 

the software identification and calibration verification numbers applicable to a 
vehicle type; 

information  concerning,  and  delivered  by  means  of,  proprietary  tools  and 
equipment; 

(i) 

data record information and two-directional monitoring and test data; 

(j)  work units. 

4. 

Authorised  dealers  or  repairers  within  the  distribution  system  of  a  given  vehicle 
manufacturer  shall  be  regarded  as  independent  operators  for  the  purposes  of  this 

EN 

62 

   EN 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

1. 

Regulation in cases where they provide repair or maintenance services for vehicles in 
respect  of  which  they  are  not  members  of  the  vehicle  manufacturer’s  distribution 
system. 

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

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

For  the  design  and  manufacture  of  automotive  equipment  for  alternative-fuel 
vehicles,  manufacturers  shall  provide  the  relevant  OBD  and  vehicle  repair  and 
maintenance 
interested 
information  on  a  non-discriminatory  basis 
manufacturer, installer or repairer of equipment for alternative-fuel vehicles. 

to  any 

When  applying  for  EU  type-approval  or  national  type-approval,  the  manufacturer 
shall provide the approval authority with proof of compliance with this Regulation in 
relation  to  access  to  vehicle  repair  and  maintenance  information  and  to  the 
information referred to in paragraph 5. 

In  the  event  that  such  information  is  not  available,  or  does  not  conform  to  this 
Regulation and its delegated acts, at that point in time, the manufacturer shall provide 
it within six months from the date of type-approval. 

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

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

Where the repair and maintenance records of a vehicle are kept in a central database 
of the vehicle manufacturer or on its behalf, independent repairers shall have access 
free of charge to such records and shall be able to enter information on the repair and 
maintenance which they have performed. 

The Commission shall lay down the details of the requirements with regard to access 
to  repair  and  maintenance  information  by  means  of  a  delegated  act  in  accordance 
with Articles 76, 77 and 78. 

Article 61 
Division of obligations with regard to several type-approval holders 

In  the  case  of  step-by-step  type-approval,  including  multi-stage  type-approval,  the 
manufacturer responsible for each individual type-approval shall also be responsible 
for communicating repair information relating to the particular system, component or 
separate  technical  unit  or  to  the  particular  stage  to  both  the  final  manufacturer  and 
independent operators. 

EN 

63 

   EN 

2. 

1. 

2. 

1. 

The  final  manufacturer  shall  be  responsible  for  providing  information  about  the 
whole vehicle to independent operators. 

Article 62 
Fees for access to vehicle repair and maintenance information 

Manufacturers  may  charge  reasonable  and  proportionate  fees  for  access  to  vehicle 
repair  and  maintenance  information  covered  by  this  Regulation.  A  fee  shall  not  be 
considered reasonable or proportionate if it discourages access by failing to take into 
account the extent to which the independent operator uses the information. 

Manufacturers shall make available vehicle repair and maintenance information on a 
daily,  monthly,  and  yearly  basis,  whereby  fees  for  access  to  such  information  may 
vary in accordance with the respective periods of time for which access is granted. 

Article 63 
Penalties 

Member States shall provide for penalties for infringement by manufacturers of the 
provisions  of  this  Regulation  and  shall  take  all  measures  necessary  to  ensure  that 
they  are  implemented.  The  penalties  provided  for  shall  be  effective,  proportionate 
and dissuasive. Member States shall notify those provisions to the Commission by [6 
months after publication of this Regulation] and shall notify the Commission without 
delay of any subsequent amendment affecting them. 

2. 

The types of infringements which are subject to a penalty shall include: 

(a)  making false declarations during approval procedures or procedures leading to 

a recall; 

(b) 

falsifying test results for type-approval or in-service conformity; 

(c)  withholding  data  or  technical  specifications  which  could  lead  to  recall  or 

withdrawal of type-approval; 

(d)  use of defeat devices; 

(e) 

refusal to provide access to information. 

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CHAPTER XVII 
DESIGNATION AND NOTIFICATION OF TECHNICAL 
SERVICES 

1. 

2. 

3. 

4. 

Article 64 
Requirements relating to technical services 

For  the  purposes  of  designation  pursuant  to  Article  66  and  notification  pursuant  to 
Article 68, technical services shall meet the requirements laid down in paragraphs 2 
to 11. 

A technical service shall be established under the national law of a Member State and 
have legal personality. 

A  technical  service  shall  be  a  third-party  body  independent  of  the  vehicle,  system, 
component or separate technical unit it assesses. 

A  body  belonging  to  a  business  association  or  professional  federation  representing 
undertakings  involved  in  the  design,  manufacturing,  provision,  assembly,  use  or 
maintenance  of  vehicles,  systems,  components  or  separate  technical  units  which  it 
assesses, tests or inspects may, on condition that its independence and the absence of 
any conflict of interest are demonstrated, be considered as fulfilling the requirements 
of the first subparagraph. 

A  technical  service,  its  top-level  management  and  the  personnel  responsible  for 
carrying  out  the  assessment  tasks  may  not  be  the  designer,  manufacturer,  supplier, 
installer, purchaser, owner, user or maintainer of the vehicles, systems, components 
or separate technical units which they assess, nor the authorised representative of any 
of  those  parties.  This  shall  not  preclude  the  use  of  assessed  vehicles,  systems, 
components  or  separate  technical  units  that  are  necessary  for  the  operation  of  the 
technical  service  or  the  use  of  such  vehicles,  systems,  components  or  separate 
technical units for personal purposes. 

A  technical  service,  its  top-level  management  and  the  personnel  responsible  for 
carrying out the assessment, testing or inspection tasks may not be directly involved 
in  the  design,  manufacture  or  construction,  marketing,  installation,  use  or 
maintenance  of  those  vehicles,  systems,  components  or  separate  technical  units,  or 
represent the parties engaged in those activities. They may not engage in any activity 
that may conflict with their independence of judgment or integrity in relation to the 
assessment  activities  for  which  they  are  notified.  This  shall  in  particular  apply  to 
consultancy services. 

Technical  services  shall  ensure  that  the  activities  of  their  subsidiaries  or 
subcontractors  do  not  affect  the  confidentiality,  objectivity  or  impartiality  of  their 
conformity assessment activities. 

5. 

Technical services and their personnel shall carry out the assessment activities with 
the highest degree of professional integrity and the requisite technical competence in 
the  specific  field  and  shall  be  free  from  all  pressures  and  inducements,  particularly 

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6. 

7. 

8. 

9. 

financial,  which  might  influence  their  judgment  or  the  results  of  their  assessment 
activities,  especially  such  pressures  or  inducements  emanating  from  persons  or 
groups of persons with an interest in the results of those activities. 

Technical  services  shall  be  capable  of  carrying  out  all  the  conformity  assessment 
tasks assigned to them and for which they have been notified, whether those tasks are 
carried out by the technical service itself or on its behalf and under its responsibility. 

At  all  times  and  for  each  assessment  task  and  each  kind  or  category  of  vehicles, 
systems,  components  or  separate  technical  units  for  which  it  has  been  notified, 
technical services shall have at its disposal the necessary: 

(a) 

personnel with technical knowledge and sufficient and appropriate experience 
to perform the assessment task; 

(b)  descriptions  of  the  procedures  for  the  assessment  task,  ensuring  the 
transparency  and  reproducibility  of  those  procedures,  whereby  the  technical 
service  shall  have  appropriate  policies  and  procedures  as  well  as  appropriate 
policies and procedures in place that distinguish between tasks it carries out as 
a technical service and other activities; 

(c) 

procedures for the performance of activities which take due account of the size 
of  an  undertaking,  the  sector  in  which  it  operates,  its  structure,  the  degree  of 
complexity  of  the  technology  of  the  vehicle,  system,  component  or  separate 
technical  unit  in  question,  and  the  mass  or  serial  nature  of  the  production 
process. 

Technical  services  shall  have  the  means  necessary  to  perform  the  technical  and 
administrative  tasks  connected  with  the  conformity  assessment  activities  in  an 
appropriate manner and shall have access to all necessary equipment or facilities. 

The  personnel  responsible  for  carrying  out  conformity  assessment  activities  shall 
have the following 

(a) 

(b) 

(c) 

sound technical and vocational training covering all the conformity assessment 
activities for which the technical service has been notified; 

satisfactory  knowledge  of  the  requirements  of  the  assessments  they  carry  out 
and adequate authority to carry out those assessments; 

appropriate  knowledge  and  understanding  of  the  safety  and  environmental 
requirements  and  other  relevant  provisions  of  this  Regulation  and  the  acts 
listed in Annex II; 

(d) 

the  ability  to  draw  up  certificates,  records  and  reports  demonstrating  that 
assessments have been carried out. 

10. 

The  impartiality  of  the  technical  services,  their  top-level  management  and  the 
assessment personnel shall be guaranteed. 

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11. 

12. 

13. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

The  remuneration  of  the  top-level  management  and  assessment  personnel  of  a 
technical service shall not depend on the number of assessments carried out or on the 
results of those assessments. 

Technical services shall take out liability insurance unless liability is assumed by the 
Member State in accordance with national law, or the Member State itself is directly 
responsible for the conformity assessment. 

The personnel of a technical service shall observe professional secrecy with regard to 
all  information  obtained  in  carrying  out  their  tasks  under  this  Regulation  or  any 
provision  of  national  law  giving  effect  to  it,  except  in  relation  to  the  competent 
authorities  of  the  Member  State  in  which  its  activities  are  carried  out.  Proprietary 
rights shall be protected. 

Article 65 
Subsidiaries of and subcontracting by technical services 

Activities  may  be  subcontracted  or  carried  out  by  a  subsidiary  only  with  the 
agreement of the manufacturer. 

Where  a  technical  service  subcontracts  specific  tasks  connected  with  conformity 
assessment  or  has  recourse  to  a  subsidiary,  it  shall  ensure  that  the  subcontractor  or 
the  subsidiary  meets  the  requirements  set  out  in  Article  64  and  shall  inform  the 
notifying authority accordingly. 

Technical  services  shall  take  full  responsibility  for  the  tasks  performed  by  any 
subcontractors or subsidiaries, wherever these are established. 

Technical  services  shall  keep  at  the  disposal  of  the  notifying  authority  the  relevant 
documents concerning the assessment of the qualifications of the subcontractor or the 
subsidiary and the work carried out by them under this Regulation. 

Article 66  
Designation of technical services 

Technical services designated by approval authorities for the purposes of this Article 
shall comply with the provisions of this Regulation. 

The technical services shall carry out themselves or supervise the tests required for 
approval  or  inspections  as  set  out  in  this  Regulation  or  in  one  of  the  acts  listed  in 
Annex II, except where alternative procedures are permitted. The technical services 
may not conduct tests or inspections for which they have not been duly designated. 

Technical  services  shall  fall  into  one  or  more  of  the  five  following  categories  of 
activities, depending on their field of competence: 

(a) 

category A, technical services which carry out in their own facilities the tests 
referred to in this Regulation and in the acts listed in Annex II; 

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(b) 

(c) 

(d) 

category  B,  technical  services  which  supervise  the  tests  referred  to  in  this 
Regulation and in the acts listed in Annex II, where such tests are performed in 
the manufacturer’s facilities or in the facilities of a third party; 

category C, technical services which assess and monitor on a regular basis the 
manufacturer’s procedures for controlling conformity of production; 

category D, technical services which supervise or perform tests or inspections 
for the surveillance of conformity of production; 

(e) 

category E, technical services in charge of individual approvals. 

Technical services shall demonstrate appropriate skills, specific technical knowledge 
and proven experience in the specific fields covered by this Regulation and the acts 
listed in Annex II. In addition, technical services shall comply with the standards laid 
down  in  the  delegated  act  referred  to  in  paragraph  11  which  are  relevant  for  the 
activities they carry out. 

An  approval  authority  may  be  designated  as  a  technical  service  for  one  or  more  of 
the activities referred to in paragraph 3. 

An accredited in-house body of a manufacturer may be used as a technical service to 
carry  out  assessment  activities  for  the  undertaking  of  which  it  forms  part  only  for 
category A activities with regard to technical requirements for which self-testing is 
allowed by a delegated act adopted under this Regulation. That body shall constitute 
a separate and distinct part of the undertaking and shall not be involved in the design, 
production, supply, installation or maintenance of the vehicles, systems, components 
or separate technical units it assesses. 

4. 

5. 

6. 

7. 

An accredited in-house body shall meet the following requirements: 

(a) 

it shall be accredited in accordance with Regulation (EC) No 765/2008; 

(b) 

(c) 

the  body  and  its  personnel  shall  be  organisationally  identifiable  and  have 
reporting  methods  within  the  undertaking  of  which  they  form  part  which 
the  relevant  national 
ensure 
accreditation body; 

impartiality  and  demonstrate 

their 

to 

it 

neither  the  body  nor  its  personnel  shall  be  responsible  for  the  design, 
manufacture,  supply,  installation,  operation  or  maintenance  of  the  vehicles, 
systems,  components  or  separate  technical  units  they  assess  nor  shall  they 
engage in any activity that might conflict with their independence of judgment 
or integrity in relation to their assessment activities; 

(d) 

the  body  shall  supply  its  services  exclusively  to  the  undertaking  of  which  it 
forms part. 

8. 

An  accredited  in-house  body  shall  not  be  notified  to  the  Member  States  or  the 
Commission,  for  the  purposes  of  Article  68  but  information  concerning  its 
accreditation  shall  be  given  by  the  undertaking  of  which  it  forms  part  or  by  the 
national accreditation body to the notifying authority at the request of that authority. 

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9. 

10. 

11. 

1. 

2. 

3. 

4. 

5. 

1. 

A manufacturer or a subcontracting party acting on its behalf may be designated as a 
technical service only for category A activities with regard to technical requirements 
for which self-testing is allowed in a delegated act adopted under this Regulation. 

Technical services of a third country, other than those designated in accordance with 
paragraph  9,  may  be  notified  for  the  purposes  of  Article  68  only  under  a  bilateral 
agreement between the Union and the third country in question. 

In  order  to  ensure  that  these  services  meet  the  same  high  level  of  performance 
standards  in  all  Member  States,  the  Commission  shall  lay  down  the  standards  with 
which the technical services have to comply and the procedure for the assessment of 
technical services by means of a delegated act in accordance with Articles 76, 77 and 
78. 

Article 67 
Assessment of the skills of technical services 

The competent authority shall draw up an assessment report demonstrating that the 
designated  and  notified  technical  service  has  been  assessed  for  its  compliance  with 
the requirements. 

The  assessment  on  which  the  report  referred  to  in  paragraph  1  is  based  shall  be 
conducted  in  accordance  with  the  provisions  laid  down  in  a  delegated  act  adopted 
under  this  Regulation.  The  assessment  report  shall  be  reviewed  after  a  maximum 
period of three years. 

The  assessment  report  shall  be  communicated  to  the  Commission  upon  request. 
Where the assessment is not based on an accreditation certificate issued by a national 
accreditation body attesting that the technical service fulfils the requirements of this 
Regulation,  the  notifying  authority  shall  provide  the  Commission  and  the  other 
Member  States  with  documentary  evidence  which  attests  the  technical  service’s 
competence  and  the  arrangements  in  place  to  ensure  that  the  technical  service  is 
monitored regularly and will continue to satisfy the requirements of this Regulation 
and its delegated acts. 

An  approval  authority  that  intends  to  be  designated  as  a  technical  service  shall 
demonstrate  compliance  through  documentary  evidence.  This  shall  include  an 
assessment  conducted  by  auditors  independent  of  the  activity  being  assessed.  Such 
auditors may be from within the same organisation provided that they are managed 
separately from personnel undertaking the assessed activity. 

An accredited in-house body designated as a technical service shall comply with the 
relevant provisions of this Article. 

Article 68 
Procedures for notification 

Member  States  shall  notify  to  the  Commission  the  name,  the  address  including 
electronic  address,  the  responsible  persons  and  the  category  of  activities  for  each 
designated  technical  service,  as  well  as  any  subsequent  modifications  thereto.  The 

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2. 

3. 

4. 

5. 

6. 

1. 

2. 

1. 

2. 

notification  shall  state  for  which  subjects  listed  in  Annex  II  the  technical  services 
have been designated. 

A  technical  service  may  conduct  the  activities  referred  to  in  Article  66  for  the 
purposes  of  type-approval  for  the  Member  State  which  designated  it  only  if  it  has 
been notified beforehand to the Commission and where no objections are raised by 
the  Commission  or  the  other  Member  States  within  two  weeks  of  a  notification 
where  an  accreditation  certificate  is  used  or  within  two  months  of  a  notification 
where accreditation is not used. 

The same technical service may be designated and notified by several Member States 
irrespective of the category of activities it conducts. 

The  Commission  and  the  other  Member  States  shall  be  notified  of  any  subsequent 
relevant changes to the notification. 

Where  a  specific  organisation  or  competent  body  carrying  out  an  activity  not 
included in those referred to in Article 66 needs to be designated in application of an 
act listed in Annex II, the notification shall be made in accordance with this Article. 

The  Commission  shall  publish  on  its  website  a  list  and  details  of  the  approval 
authorities and technical services. 

Article 69 
Changes to notifications 

Where  a  notifying  authority  has  ascertained  or  has  been  informed  that  a  technical 
service  no  longer  meets  the  requirements  laid down  in  this  Regulation,  or  that  it  is 
failing  to  fulfil  its  obligations,  the  notifying  authority  shall  restrict,  suspend  or 
withdraw notification as appropriate,  depending on the seriousness of the failure to 
meet  those  requirements  or  fulfil  those  obligations.  The  notifying  authority  shall 
immediately inform the Commission and the other Member States accordingly. 

In  the  event  of  restriction,  suspension  or  withdrawal  of  notification,  or  where  the 
technical  service  has  ceased  its  activity,  the  notifying  Member  State  shall  take 
appropriate steps to ensure that the files of that technical service are either processed 
by another technical service or kept available for the competent notifying and market 
surveillance authorities at their request. 

Article 70 
Challenge to the competence of technical services 

The Commission shall investigate all cases where it doubts, or doubt is brought to its 
attention, regarding the competence of a technical service or the continued fulfilment 
by a technical service of the requirements and responsibilities to which it is subject. 

The  notifying  Member  State  shall  provide  the  Commission,  on  request,  with  all 
information  relating  to  the  basis  for  the  notification  or  the  maintenance  of  the 
competence of the technical service concerned. 

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3. 

4. 

1. 

2. 

3. 

4. 

5. 

6. 

The Commission shall ensure that all sensitive information obtained in the course of 
its investigations is treated confidentially. 

Where the Commission ascertains that a technical service does not meet or no longer 
meets the requirements for its notification, it shall inform the notifying Member State 
accordingly  and  request  it  to  take  the  necessary  corrective  measures,  including  the 
withdrawal of the notification if necessary. 

Article 71 
Operational obligations of technical services 

Technical  services  shall  carry  out  conformity  assessments  in  accordance  with  the 
assessment procedures provided for in this Regulation. 

Conformity  assessments  shall  be  carried  out  in  a  proportionate  manner,  avoiding 
unnecessary burdens for economic operators. Technical services shall perform their 
activities  taking  due  account  of  the  size  of  an  undertaking,  the  sector  in  which  it 
operates,  its  structure,  the  degree  of  complexity  of  the  technology  of  the  vehicle, 
system,  component  or  separate  technical  unit  in  question  and  the  mass  or  serial 
nature of the production process. 

In  so  doing,  they  shall  nevertheless  respect  the  degree  of  rigour  and  the  level  of 
protection required for the compliance of the vehicle, system, component or separate 
technical unit with the provisions of this Regulation. 

Where a technical service finds that requirements laid down in this Regulation have 
not been met by a manufacturer, it shall require that manufacturer to take appropriate 
corrective measures and shall request the type-approval authority not to issue a type-
approval certificate unless the appropriate corrective measures have been taken to the 
satisfaction of the technical service. 

Where, in the course of monitoring conformity of production following the issue of a 
type-approval certificate, a technical service finds that a vehicle, system, component 
or separate technical unit no longer complies with this Regulation, it shall require the 
manufacturer  to  take  appropriate  corrective  measures  and  shall  request  the  type-
approval authority to suspend or withdraw the type-approval certificate if necessary. 

Where  corrective  measures  are  not  taken  or  do  not  have  the  required  effect,  the 
technical  service  shall  request  the  type-approval  authority  to  restrict,  suspend  or 
withdraw the type-approval certificate, as appropriate. 

Article 72 
Information obligations of technical services 

1. 

Technical services shall inform the approval authority of the following: 

(a) 

any  non-conformity  encountered  which  may  require  a  refusal,  restriction, 
suspension or withdrawal of a type-approval certificate; 

(b) 

any circumstances affecting the scope of and conditions for their notification; 

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(c) 

any request for information which they have received from market surveillance 
authorities regarding their assessment activities; 

2. 

3. 

On  request  from  the  approval  authority,  assessment  activities  shall  be  performed 
within  the  scope  of  their  notification  and  any  other  activity  performed,  including 
cross-border activities and subcontracting. 

Technical  services  shall  provide  the  other  technical  services  notified  under  this 
Regulation which carry out similar assessment activities covering the same vehicle, 
system,  component  or  separate  technical  unit  with  relevant  information  on  issues 
relating to negative and, on request, positive assessment results. 

CHAPTER XVIII 
IMPLEMENTING MEASURES AND DELEGATION  

Article 73 
Implementing measures  

In order to lay down uniform conditions for the implementation of this Regulation, 
the  Commission  shall,  in  accordance  with  the  procedure  referred  to  in  Article  74, 
adopt  implementing  acts  laying  down  implementing  measures  to  establish  the 
following: 

(a) 

(b) 

(c) 

(d) 

(e) 

the  details  of  the  arrangements  with  regard  to  type-approval  procedures  in 
accordance with Article 23(6) ; 

templates  for  the  information  folder  and  the  information  document  in 
accordance with Article 25(2) ; 

a  numbering  system  of  EU  type-approval  certificates  in  accordance  with 
Article 27( 4); 

a  template  for  an  EU  type-approval  certificate  in  accordance  with  Article  28 
(2); 

the  details  of  the  arrangements  with  regard  to  conformity  of  production  in 
accordance with Article 31; 

(f) 

the template of a certificate of conformity in accordance with Article 36(2); 

(g) 

the model of the EU type-approval mark in accordance with Article 37(4). 

Article 74 
Committee 

1. 

The  Commission  shall  be  assisted  by  the  Technical  Committee  –  Motor  Vehicles 
established under Article 40 of Directive 2007/46/EC. 

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2. 

1. 

2. 

1. 

2. 

3. 

1. 

2. 

3. 

Where  reference  is  made  to  this  paragraph,  Article  5  and  Article  7  of  Decision 
1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8  thereof.  The 
period  referred  to  in  Article  5(6)  of  Decision  1999/468/EC  shall  be  set  at  three 
months. 

Article 75 
Amendment of the Annexes 

The  Commission  may  adopt  amendments  to  the  Annexes  of  this  Regulation  by 
means of delegated acts in accordance with Articles 76, 77 and 78. 

When, pursuant to Decision 97/836/EC, new UNECE regulations or amendments to 
existing  UNECE  regulations  to  which  the  Union  has  acceded  are  adopted,  the 
Commission  shall,  by  means  of  a  delegated  act  in  accordance  with  Articles  76,  77 
and 78 amend Annex II to this Regulation accordingly. 

Article 76 
Exercise of delegation 

The powers to adopt the delegated acts referred to in Articles 16, 18, 19, 20, 21, 22, 
30,  52,  56,  57,  60,  66  and  75  shall  be  conferred  on  the  Commission  for  an 
indeterminate period of time. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

The powers to adopt delegated acts are conferred on the Commission subject to the 
conditions laid down in Article 77 and 78. 

Article 77 
Revocation of delegation 

The delegation of power referred to in Articles 16, 18, 19, 20, 21, 22, 30, 52, 56, 57, 
60,  66  and  75  may  be  revoked  at  any  time  by  the  European  Parliament  or  by  the 
Council. 

The institution which has commenced an internal procedure for deciding whether to 
revoke the delegation of power shall endeavour to inform the other institution and the 
Commission  within  a  reasonable  time  before  the  final  decision  is  taken,  indicating 
the delegated powers which could be subject to revocation and possible reasons for a 
revocation. 

A  revocation  decision  shall  put  an  end  to  the  delegation  of  the  powers  specified  in 
that  decision.  It  shall  take  effect  immediately  or  at  a  later  date  specified  therein.  It 
shall  not  affect  the  validity  of  the  delegated  acts  already  in  force.  It  shall  be 
published in the Official Journal of the European Union. 

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1. 

2. 

3. 

1. 

2. 

1. 

2. 

1. 

Article 78 
Objections to delegated acts 

The  European  Parliament  and  the  Council  may  object  to  a  delegated  act  within  a 
period of two months from the date of notification. At the initiative of the European 
Parliament or the Council, this period shall be extended by one month. 

If,  on  expiry  of  that  period,  neither  the  European  Parliament  nor  the  Council  has 
objected to the delegated act, or if, before that date, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  have  decided  not  to  raise 
objections, the delegated act shall enter into force at the date stated in its provisions. 

If the European Parliament or the Council objects to a delegated act, it shall not enter 
into  force.  The  institution  which  objects  shall  state  the  reasons  for  objecting  to  the 
delegated act. 

CHAPTER XIX 
FINAL PROVISIONS 

Article 79 
Transitional provisions 

This Regulation shall not invalidate any EU type-approval granted to vehicles or to 
systems, components or separate technical units before the date specified in Article 
82(2). 

Approval  authorities  shall  continue  to  grant  extension  of  approvals  to  the  vehicles, 
systems,  components  or  separate  technical  units  referred  to  in  paragraph  1  in 
accordance  with  Directive  2002/24/EC  and  any  of  the  directives  listed  in  Article 
81(1). 

Article 80  
Report 

No  later  than  1  January  2018  Member  States  shall  inform  the  Commission  of  the 
application of the type-approval procedures laid down in this Regulation. 

On  the  basis  of  the  information  supplied  under  paragraph  1,  the  Commission  shall 
report  to  the  European  Parliament  and  the  Council  on  the  application  of  this 
Regulation no later than 1 January 2019. 

Article 81 
Repeal 

Directives 93/14/EEC, 

93/30/EEC, 93/33/EEC, 93/93/EEC, 95/1/EC, 97/24/EC,
2000/7/EC,  2002/24/EC,  2002/51/EC,  2009/62/EC,  2009/67/EC,  2009/78/EC, 
2009/79/EC,  2009/80/EC  and2009/139/EC  are  hereby  repealed  from  the  date 
referred to in Article 82(2). 

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2. 

1. 

2. 

References  to  the  repealed  directives  shall  be  construed  as  references  to  this 
Regulation  and  shall  be  read,  as  regards  Directive  2002/24/EC,  in  accordance  with 
the correlation table set out in Annex IX. 

Article 82 
Entry into force and application 

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

It shall apply from 1 January 2013. 

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

Done at […], […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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TABLE OF CONTENTS 

ANNEX I –Vehicle categories and sub-categories 

ANNEX II – List of requirements for the purposes of EU vehicle type-approval 

ANNEX III – Limits for small series 

ANNEX IV – Timetable for the application of this Regulation in respect of type-approval 

ANNEX V – Overview of environmental tests and requirements 

ANNEX VI – Emission limit values for type-approval and conformity of production 

(A)  Pollutant emission limits; 

(B)  On-board diagnostics emission thresholds; 

(C)  Evaporative emission limits; 

(D)  Sound-level limits. 

ANNEX VII – Durability of pollution control devices 

ANNEX VIII – Enhanced functional safety requirements 

ANNEX IX – Correlation table 

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ANNEX I 

Vehicle categories and vehicle types 

Category 

Category name 

Common classification criteria 

L1e 

Light two-wheel powered vehicle 

(1)  two wheels and powered by a propulsion as listed under Article 4(3) and 
(2)  engine capacity ≤ 50 cm3 if a PI engine forms part of the vehicle's propulsion configuration. 

Sub-
categories 

Subcategory name 

L1Ae 

Powered cycle 

Supplemental sub-classification criteria: 

(3)  primary aim to aid pedalling and vehicle equipped with an auxiliary propulsion and 
(4)  maximum design speed ≤ 25 km/h and 
(5)  output of auxiliary propulsion is progressively reduced and finally cut off as vehicle reaches a speed of 25 km/h and 
(6)  the auxiliary propulsion has a maximum continuous rated power(1) ≤ 1 kW and 
(7)  powered three-wheel cycles complying with supplemental specific classification criteria (3), (4), (5) and (6) are classified as being 

L1Be 

Two-wheel moped 

technically equivalent to powered two-wheel cycles. 

(3)  maximum design speed ≤ 25 km/h and 
(4)  maximum continuous rated power(1) ≤ 4 kW. 

Category 

Category name 

Common classification criteria 

L2e 

Three-wheel moped 

(1)  three wheels and powered by a propulsion as listed under Article 4(3) and 
(2)  engine capacity ≤ 50 cm3 if a PI engine forms part of the vehicle's propulsion configuration and 
(3)  maximum design speed ≤ 45 km/h and 
(4)  maximum continuous rated power(1) ≤ 4 kW. 

NB refer to the last page of Annex VIII for an overview of the notes to the Annexes

EN 

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Category 

Category name 

Common classification criteria 

L3e(2) 

Two-wheel motorcycle 

Sub-
categories 

Subcategory name 

L3e - A1 

Low-performance motorcycle 

L3e - A2  Medium-performance motorcycle 

(1) two wheels and powered by propulsion as listed under Article 4(3) and 
(2) engine capacity > 50 cm3 if a PI engine forms part of the vehicle's propulsion configuration and 
(3) maximum design speed > 45 km/h and 
(4) maximum continuous rated power(1) > 4 kW. 

Supplemental sub-classification criteria: 

(5)  engine capacity ≤ 125 cm3 and 
(6)  maximum continuous rated power(1) ≤ 11 kW and 
(7)  power(1) / weight ratio ≤ 0.1 kW/kg. 
(5)  maximum continuous rated power(1) ≤ 35 kW and 
(6)  power(1) / weight ratio ≤ 0.2 kW/kg and 
(7)  not derived from a vehicle equipped with an engine of more than double its power(1). 

L3e - A3 

High-performance motorcycle 

(5) any other vehicle of the L3e category that cannot be classified according to the performance criteria of subcategories A1 or A2. 

Category 

Category name 

Common classification criteria 

L4e 

Two-wheel motorcycle with side-
car 

(1)  base powered vehicle complying with the classification and sub classification criteria for L3e vehicles and 
(2)  base powered vehicle equipped with a side-car. 

NB refer to the last page of Annex VIII for an overview of the notes to the Annexes

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Category 

Category name 

Common classification criteria 

L5e 

Powered tricycle 

(1)  three wheels and powered by a propulsion as listed under Article 4(3) and 
(2)  if a PI combustion engine makes part of the vehicle’s propulsion configuration: an engine capacity > 50 cm3 and 
(3)  maximum design speed > 45 km/h and 
(4)  maximum continuous rated power(1) > 4 kW. 

Sub-
categories 

L5Ae 

L5Be 

Subcategory name 

Supplemental sub-classification criteria: 

Tricycle 

(5) powered tricycles other than those complying with the specific classification criteria for commercial tricycles. 

Commercial Tricycle 

(5) designed and used as commercial vehicles and characterised by an enclosed driving and passenger compartment accessible via two 

or more doors. 

(6) exclusively designed for the carriage of goods with an open or enclosed, virtually even and horizontal loading bed that meets one 

L5Be - U 

Tricycles for utility purposes 

L5Be - P 

Tricycle for passenger transport 

of the following criteria: 
(1)  lengthloading bed x widthloading bed > 0.3 x Lengthvehicle x Widthvehicle or 
(2)  an equivalent loading bed area as defined above used to install machines and/or equipment. 

(6)  equipped with two, three or four passenger seating positions, including the seating position for the driver and all seating positions 

equipped with seat belts. 

EN 

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Category 

Category name 

Common classification criteria 

L6e 

Light quadricycle 

Sub-
categories 

Subcategory name 

L6Ae 

Light on-road quad 

L6Be 

Light mini-car 

(1)  four wheels and powered by a propulsion as listed under Article 4(3) and 
(2)  maximum design speed ≤ 45 km/h and 
(3)  the mass in running order ≤ 350 kg, not including: 

(a)  mass of batteries in case of a hybrid or fully electric propelled vehicle or 
(b)  weight of gaseous-fuel system including tanks for gaseous fuel storage in the case of mono- , bi or multi-fuel vehicle or  
(c)  weight of tank(s) to store compressed air in case of pre-compressed air propulsion. 

Supplemental sub-classification criteria: 

(4)  category L6e vehicles not complying with the special categorisation criteria for sub category L6Be vehicles and 
(5)  maximum continuous rated power(1) ≤ 4 kW and 
(6)  engine capacity ≤ 50 cm3 if a PI engine forms part of the vehicle's propulsion configuration. 
(4)  enclosed driving and passenger compartment accessible via two or more doors and 
(5)  maximum continuous rated power(1) ≤ 6 kW and 
(6)  engine capacity ≤ 50 cm3 if a PI engine forms part of the vehicle's propulsion configuration and 
(7)  Lengthvehicle x Widthvehicle ≤ 4.4 m2 with a maximum Width vehicle ≤ 1.5 m. 
(8) exclusively designed for the carriage of goods with an open or enclosed, virtually even and horizontal loading bed that meets one 

L6Be - U 

Light mini-cars for utility 
purposes 

of the following criteria: 
(a) 
(b) 

lengthloading bed x widthloading bed > 0.3 x Lengthvehicle x Widthvehicle or 
an equivalent loading bed area as defined above used to install machines and/or equipment. 

L6Be - P 

Light mini-car for passenger 
transport 

(8)  vehicles mainly designed and used for passenger transport, characterised by being equipped with two passenger seating positions, 

including the seating position for the driver, and both seating positions equipped with seat belts. 

EN 

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Category 

Category name 

Common classification criteria 

(1)  four wheels and powered by a propulsion as listed under Article 4(3) and 
(2)  maximum design speed > 45 km/h and 
(3)  mass in running order: 

(a)  ≤ 400 kg for transport of passengers; 
(b)  ≤ 550 kg for transport of goods. 

L7e 

Heavy quadricycle 

The mass in running order does not include: 
(1)  mass of the batteries in the case of a hybrid or fully electric-propelled vehicle or 
(2)  weight of a gaseous-fuel system including tanks for gaseous fuel storage in the case of mono- , bi- or multi-fuel vehicles or  
(3)  weight of tank(s) to store compressed air in the case of pre-compressed air propulsion; 

Sub-
categories 

L7Ae 

L7Be 

Subcategory name 

Heavy on-road quad 

Heavy mini-car 

(4)  maximum continuous rated power(1) ≤ 15 kW. 

Supplemental sub-classification criteria: 

(5)  category L7e vehicles not complying with the specific criteria for subcategory L7Be vehicles and 
(6)  equipped with one or two passenger seating positions, including the seating position for the rider. 
(5)  enclosed driving and passenger compartment accessible via two or more doors and 
(6)  equipped with two, three or four passenger seating positions, including the seating position for the rider. 
(7) exclusively designed for the carriage of goods with an open or enclosed, virtually even and horizontal loading bed that meets one 

L7Be - U 

Heavy mini-car for utility 
purposes 

of the following criteria: 
(a) 
(b) 

lengthloading bed x widthloading bed > 0.3 x Lengthvehicle x Widthvehicle or 
an equivalent loading bed area as defined above used to install machines and/or equipment. 

L7Be - P 

Heavy mini-car for passenger 
transport 

(7)  vehicles  mainly  designed  and  used  for  passenger  transport,  characterised  by  being  equipped  with  less  than  or  equal  to  four 
passenger seating positions, including the seating position for the driver and all seating positions being equipped with seat belts. 

EN 

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No 

Article 

Subject 

Document reference 

Vehicle Categories 

List of requirements for the purposes of EU vehicle type-approval 

ANNEX II 

I 

1 

2 

3 

4 

ENVIRONMENTAL AND PROPULSION PERFORMANCE REQUIREMENTS 

electromagnetic compatibility (EMC) 

environmental test procedures related to exhaust emissions, 
evaporative emissions, greenhouse gas emissions and fuel 
consumption; 

21 & 22 

maximum design engine speed, maximum torque, 
maximum net engine power 

test procedures related to sound 

L1Ae 

L1Be 

L2e 

L3e 

L4e  L5Ae  L5Be  L6Ae  L6Be  L7Ae 

L7Be 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

EN 

82 

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No 

Article 

Subject 

Document reference 

Vehicle Categories 

II 

VEHICLE FUNCTIONAL SAFETY REQUIREMENTS  

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

audible warning devices 

braking, including anti-lock and combined brake systems(3) 

electrical safety 

endurance testing of functional safety systems 

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, 
including automatic switching of lighting 

20 

rearward visibility 

safety belt anchorages and safety belts 

seating position (saddles and seats) 

steer-ability, cornering properties and turn-ability 

tyres 

vehicle maximum speed limitation plate and location on 
vehicle 

vehicle occupant protection, including interior fittings, head 
restraint and vehicle doors 

vehicle speed limitation by design 

vehicle structure integrity 

L1Ae 

L1Be 

L2e 

L3e 

L4e 

L5Ae  L5Be  L6Ae  L6Be  L7Ae 

L7Be 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 
X 
X 

X 
X 

X 

X 

X 

X 

X 

X 

X 
X 
X 

X 
X 

X 

X 

X 

X 

X 

X 

X 
X 
X 

X 

X 

X 

X 

X 

X 

X 
X 
X 

X 

X 

X 

X 

X 

X 

X 
X 
X 

X 

X 

X 

X 

X 

X 

X 
X 
X 
X 
X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 
X 
X 
X 
X 

X 

X 
X 

X 

X 

X 

X 

X 

X 

X 

X 
X 
X 
X 
X 

X 

X 

X 
X 

X 

X 

X 

X 

X 

X 

X 
X 
X 
X 
X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 
X 
X 
X 
X 

X 

X 

X 

EN 

83 

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No 

Article 

Subject 

Document reference 

Vehicle Categories 

III 

VEHICLE CONSTRUCTION REQUIREMENTS 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

anti-tampering measures 

coupling devices and attachments 

devices to prevent unauthorised use 

external projections 

fuel storage 

load platforms 

18 & 19 

masses and dimensions 

on-board diagnostics 

passenger handholds and footrests 

rear registration plate space 

repair and maintenance information 

stands 

statutory markings 

L1Ae 

L1Be 

L2e 

L3e 

L4e 

L5Ae  L5Be  L6Ae  L6Be  L7Ae 

L7Be 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 
X 
X 
X 
X 

X 
X 
X 
X 
X 

X 
X 

X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 

X 

X 
X 
X 
X 
X 

X 
X 
X 
X 
X 

X 
X 

X 
X 
X 
X 
X 

X 
X 
X 
X 
X 

X 

X 
X 
X 
X 
X 

X 
X 
X 
X 
X 

X 

X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 

X 

X 
X 
X 
X 
X 

X 
X 
X 
X 
X 

X 

X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 

X 

X 
X 
X 
X 
X 

X 
X 
X 
X 
X 

X 

X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 

X 

EN 

84 

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No 

Article 

Subject 

Document reference 

Vehicle Categories 

IV 

ADMINISTRATIVE REQUIREMENTS 

1 

2 

3 

4 

5 

6 

7 

8 

9 

36 

31 

25 

37 

30 

28 

27 

23 

60 

certificate of conformity 

conformity of production requirements 

information folder and document requirements  

marking requirements 

self-testing and virtual testing requirements 

type-approval certificate 

type-approval numbering 

type-approval procedures 

vehicle and engine identification systems 

L1Ae 

L1Be 

L2e 

L3e 

L4e 

L5Ae  L5Be  L6Ae  L6Be  L7Ae 

L7Be 

X 
X 
X 
X 
X 
X 
X 
X 

X 

X 
X 
X 
X 
X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 
X 
X 
X 

X 
X 
X 
X 
X 
X 
X 
X 
X 

EN 

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ANNEX III  

Limits for small series 

Vehicle 
category 

Vehicle 
category name 

Small series 
(units for each type sold, 
registered and entering 
into service per year) 

L1Ae 

L1Be 

L2e 

L3e 

L4e 

L5Ae 

L5Be 

L6Ae 

L6Be 

L7Ae 

L7Be 

Powered cycle 

Two-wheel moped 

Three-wheel moped 

Two-wheel motorcycle 

Two-wheel motorcycle 
with side-car 

Tricycle 

Commercial tricycle 

Light on-road quad 

Light mini-car 

Heavy on-road quad 

Heavy mini-car 

20 

50 

100 

50 

100 

20 

100 

20 

100 

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Timetable for the application of this Regulation in respect of type-approval 

ANNEX IV 

Vehicle 
category 

L1e — L7e 

Euro level 

Euro 3(4) 

Euro 4(5) 

Euro 5(6) 

New types of vehicles 
Optional 

Enforcement dates 

New types of vehicles 
Obligatory 

Existing types of vehicles 
Obligatory 

1 July 2013 

 1 January 2014 

 1 January 2015 

1 January 2015 

 1 January 2017 

 1 January 2018 

1 January 2018(7) 

1 January 2020(7)  

1 January 2021(7)  

NB refer to the last page of Annex VIII for an overview of the notes to the annexes

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ANNEX V 

Environmental tests and requirements 

L-category vehicles may be type-approved only if they comply with the following environmental requirements: 

Test type 

Description 

Requirements: limit values 

Requirements: test procedures 

I 

II 

Tailpipe emissions after cold start 
- PI or Hybrid(8) equipped with PI: CO emissions at idling 

and increased idling speed 

- CI or Hybrid with CI engine: free acceleration test 

III 

Emissions of crankcase gases 

Annex VI(A) 

. 

Directive 96/96/EC(9) as amended by 
Directive 2009/40/EC(10) 

Directive 96/96/EC, as amended by 2009/40/EC 

Zero emission, closed crankcase. Crankcase 
emissions may not be discharged directly into 
the ambient atmosphere from any vehicle 
throughout its useful life. 

IV 

V 

VI 

Evaporative emissions 

Annex VI(C) 

Durability of pollution control devices 

Annexes VI and VII  

Low-temperature test 

Not applicable 

Not applicable 

VII 

CO2 emissions / fuel consumption  

Measurement  and  reporting,  no  limit  value 
for type-approval purposes. 

VIII 

On-board diagnostics (OBD) 

Sound level 

IX 

X 

Annex VI(B) 

Annex VI(D) 

Electromagnetic compatibility 

UNECE regulation No 10(11) 

UNECE regulation No 10 

NB refer to the last page of Annex VIII for an overview of the notes to the annexes 

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Pollutant emission limit values, OBD thresholds and sound-level limit values for type-approval and conformity of production 

ANNEX VI 

(A) 

Tailpipe emission limits after cold start 
(A1)  Euro 3(4) 

Vehicle 
category 

Vehicle 
category name 

Propulsion 
class 

Euro 
level 

Mass of 
carbon 
monoxide 
(CO) 
L1 (mg / 

Mass of total 
hydrocarbons 
(THC) 

L2 (mg / km) 

Mass of 
oxides 
of nitrogen 
(NOx) 
L3 (mg / km) 

Mass of 
particulate 
Matter (PM) 

Sum mass of total 
hydrocarbons and oxides 
of nitrogen (THC + NOx) 

L4 (mg / km) 

L5 (mg / km) 

Test 
cycle 

L1Ae 

L1Be 

L2e 

L3e(4) 
L4e(14) 
L5Ae 
L7Ae 

L5Be 

L6Ae 
L6Be 

Powered cycle 

PI / CI / Hybrid 

Euro 3 

Two-wheel moped 

PI / CI / Hybrid 

Euro 3 

Three-wheel moped 

PI / CI / Hybrid 

Euro 3 

560 

1000 

3500 

100 

- 

- 

Euro 3 

1970 

560 

-Two-wheel motorcycle 
with and without side-
car 
- Tricycle 
- Heavy on-road quad 

PI, vmax < 130 
km/h 

PI, vmax ≥ 130 
km/h 
CI / Hybrid 

Commercial 
tricycle 

Light on-road quad 
Light mini-car 

L7Be 

Heavy mini-car 

Euro 3 

1970 

Euro 3 

1000 

PI 

Euro 3 

4000 

CI / Hybrid 

Euro 3 

PI 

Euro 3 

CI / Hybrid 

Euro 3 

PI 

CI / Hybrid 

Euro 3 

Euro 3 

1000 

3500 

1000 

4000 

1000 

NB refer to the last page of Annex VIII for an overview of the notes to the annexes  

EN 

130 

- 

- 

130 

170 

570 

250 

650 

650 

250 

650 

- 

- 

- 

- 

- 

100(15) 

- 

100(15) 

100(15) 

- 

100(15) 

- 

1200 

1200 

- 

- 

- 

- 

- 

UNECE regulation No 47(12) 

UNECE regulation No 47 

UNECE regulation No 47 

WMTC, phase 2 

WMTC, phase 2 

WMTC, phase 2 

UNECE regulation No 40(13) 

UNECE regulation No 40 

1200 

UNECE regulation No 47 

- 

UNECE regulation No 47 

UNECE regulation No 40 

UNECE regulation No 40 

EN 

250 

100 

1000 

150 

150 

1000 

150 

89 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
Mass of 
carbon 
monoxide 
(CO) 

Mass of total 
hydrocarbons 
(THC) 

Mass of 
oxides 
of nitrogen 
(NOx) 

Mass of 
particulate 
matter 
(PM) 

L1 (mg / km) 

L2 (mg / km) 

L3 (mg / km) 

L4 (mg / km) 

(A2)  Euro 4(5) 

Vehicle 
category 

Vehicle 
category name 

Propulsion  
class 

Euro 
level 

L1Ae 

Powered cycle 

PI / CI / Hybrid 

Euro 4 

L1Be 

Two-wheel moped 

L2e 

Three-wheel moped 

L3e(5) 
L4e(14) 
L5Ae 
L7Ae 

L5Be 

-Two-wheel 
motorcycles with and 
without side-car 
- Tricycle 
- Heavy on-road quad 

Commercial 
tricycle 

L6Ae 
L6Be 

Light on-road quad 
Light mini-car 

L7Be 

Heavy mini-car 

PI / CI / Hybrid 

PI / CI / Hybrid 

PI, vmax < 130 
km/h 

PI, vmax ≥ 130 
km/h 

Euro 4 

Euro 4 

Euro 4 

Euro 4 

560 

1000 

1900 

1140 

1140 

CI / Hybrid 

Euro 4 

1000 

PI 

CI / Hybrid 

PI 

CI / Hybrid 

PI 

CI / Hybrid 

Euro 4 

Euro 4 

Euro 4 

Euro 4 

Euro 4 

Euro 4 

2000 

1000 

1900 

1000 

2000 

1000 

NB refer to the last page of Annex VIII for an overview of the notes to the annexes

EN 

70 

170 

170 

70 

90 

300 

250 

550 

170 

550 

250 

550 

- 

- 

- 

- 

80(15) 

- 

80(15) 

80(15) 

- 

80(15) 

100 

630 

730 

380 

170 

100 

550 

100 

730 

100 

550 

100 

90 

Test 
cycle 

UNECE regulation No 47 

UNECE regulation No 47 

UNECE regulation No 47 

WMTC, phase 2 

WMTC, phase 2 

WMTC, phase 2 

UNECE regulation No 40 

UNECE regulation No 40 

UNECE regulation No 47 

UNECE regulation No 47 

UNECE regulation No 40 

UNECE regulation No 40 

EN 

 
  
 
 
 
 
 
 
 (A3) Euro 5(6) 

Vehicle 
category 

Vehicle 
category name 

Propulsion  
class 

Euro 
Level(7) 

Mass of 
carbon 
monoxide 
(CO) 

Mass of total 
hydrocarbons 
(THC) 

Mass of Non 
methane 
hydrocarbons 
(NMHC) 

Mass of 
oxides 
of nitrogen 
(NOx) 

Mass of 
particulate 
matter 
(PM) 

L1 (mg / km) 

L2A (mg / km) 

L2B (mg / km) 

L3 (mg / km) 

L4 (mg / km) 

Test cycle 

L1Ae 

Powered cycle 

PI / CI / Hybrid 

Euro 5 

500 

L1Be - 
L7e(6) 

All other L-category 
vehicles 

PI 

CI / Hybrid 

Euro 5(6) 

1000 

500 

100 

100 

100 

68 

68 

68 

60 

60 

90 

4.5(16) 

Revised WMTC((17) 

4.5((16) 

Revised WMTC 

4.5 

Revised WMTC 

NB refer to the last page of Annex VIII for an overview of the notes to the annexes

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(B) 

On-board diagnostics emission thresholds 
(B1)  Euro 4(5), OBD stage I. 

Vehicle 
category 

Vehicle 
category name 

Propulsion 
class 

Euro 
level 

Mass of 
carbon 
monoxide 
(CO) 

Mass of total 
hydrocarbons 
(THC) 

Mass of oxides 
of nitrogen 
(NOx) 

Test 
cycle 

OT1 (mg / km) 

OT2 (mg / km) 

OT3 (mg / km) 

L1Be 

L2e 

L6Ae 

L3e(5) 
L4e(14) 

L5Ae 

L7Ae 

- Two-wheel 
moped 
- Three-wheel 
moped 
-On-road 
light quad 
-Two-wheel 
motorcycle with 
and without side-
car 
- Tricycle 
- Heavy on-road 
quad 

PI, CI or 
Hybrid 

PI 
vmax < 130 km/h 

PI 
vmax ≥ 130 km/h 

CI or 
Hybrid 

Euro 4 

3610 

2690 

850 

UNECE regulation No 47 

Euro 4 

2170 

2170 

2170 

1400 

630 

630 

350 

450 

900 

WMTC, phase 2 

WMTC, phase 2 

WMTC, phase 2 

(B2)  Euro 5(6), OBD stage I, and(7) OBD stage II 

Vehicle 
category 

Vehicle 
category name 

Propulsion  
class 

Euro 
level 

Mass of 
carbon 
monoxide 
(CO) 

Mass of Non 
methane 
hydrocarbons 
(NMHC) 

Mass of oxides 
of nitrogen 
(NOx) 

Mass of 
particulate 
matter 
(PM) 

OT1 (mg / km) 

OT2 (mg / km) 

OT3 (mg / km)  OT4 (mg / km) 

Test 
cycle 

L1Be — 
L7e(6) 

All L category 
vehicles except 
category L1Ae 

PI 

Euro 5 

1900 

CI or 
Hybrid 

Euro 5 

1900 

250 

320 

300 

540 

50 

50 

Revised WMTC 

Revised WMTC 

NB refer to the last page of Annex VIII for an overview of the notes to the annexes

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(C) 

Evaporative emission limits  
(C1)  Euro 4(5) 

Vehicle 
category 

L3e(5) 
L4e(14) 

L5Ae 

L6Ae 

L7Ae 

Vehicle 
category name 

Propulsion  
class 

Euro 
level 

Mass of total hydrocarbons 
(THC) (mg / test) 

Test cycle 

Two-wheel motorcycle(20) 
with and without side-car 

Tricycle 

Light on-road quad 

Heavy on-road quad 

PI(18) 

PI(18) 

PI(18) 

PI(18) 

Euro 5 

Euro 4 

Euro 4 

Euro 4 

2 000 

SHED 

Permeation test 

(mg / m2 / day) 

Mass of total 
hydrocarbons 
(THC) in 
SHED test 
(mg / test) 

Fuel tank 

Fuel tubing 

Vehicle 

(C2)  Euro 5(6) 

Vehicle 
Class(19) 

Vehicle 
category name 

Propulsion 
Class 

Euro 
level 

L1Ae 

L1Be 

L2e 

L3e(6) 
L4e(14) 

L5Ae 

L5Be 

L6Ae 

L6Be 

L7Ae 

L7Be 

Powered cycle 

Two-wheel moped 

Three-wheel moped 

Two-wheel motorcycle with 
and without side-car 

Tricycle 

Commercial tricycle 

Light on-road quad 

Light mini-car 

Heavy on-road quad 

Heavy mini-car 

PI(18) 

Euro 5 

Euro 5 

Euro 5 

Euro 6 

Euro 5 

Euro 5 

Euro 5 

Euro 5 

Euro 5 

Euro 5 

1500 

1500 

1500 

15000 

15000 

15000 

1500 

15000 

1500 

15000 

1500 

15000 

1500 

1500 

1500 

1500 

1500 

1500 

1500 

1500 

1500 

1500 

NB refer to the last page of Annex VIII for an overview of the notes to the annexes 

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(D) 

Sound-level limits — Euro 3(4), Euro 4(5), Euro 5(6) 

(4)

Euro 3

sound level(21) 
(dB(A)) 

(4)

Euro 3

test procedure(23) 

(5)

Euro 4

sound level(21) 
(dB(A)) 

63(21) 

(5)

Euro 4

test procedure(23) 

(6)

Euro 5

sound level(22)  
(dB(A)) 

(6)

Euro 5

test procedure 

Vehicle 
category 

Vehicle 
category name 

L1Ae 

Powered cycle 

L1Be 

Two-wheel moped 
vmax ≤ 25 km/h 

Two-wheel moped 
vmax ≤ 45 km/h 

L2e 

Three-wheel moped 

Two-wheel motorcycle 
Engine capacity 
≤ 80 cm3 
Two-wheel motorcycle 
80 cm3 < 
Engine capacity ≤ 
175 cm3 
Two-wheel motorcycle 
Engine capacity 
> 175 cm3 

Two-wheel motorcycle 
with side-car 

Tricycle 

Commercial tricycle 

L3e 

L4e 

L5Ae 

L5Be 

L6Ae 

Light quad 

L6Be 

L7Ae 

L7Be 

Light mini-car 

On-road quad 

Heavy mini-car 

63  

66  

71 

76 

75 

77 

80 

80 

80 

80 

80 

80 

80 

80 

Delegated act /  
UNECE regulation No 63 

 Delegated act /  
UNECE regulation No 9 

Delegated act / 
UNECE regulation No 41 

 Delegated act / 
UNECE regulation No 9 

 Delegated act / 
UNECE regulation No 63 

Delegated act / 
UNECE regulation No 9 

66 

71 

76 

75 

77 

80 

80 

80 

80 

80 

80 

80 

80 

Delegated act /  
UNECE regulation No 63 

UNECE regulation No 
63 

Delegated act /  
UNECE regulation No 9 

UNECE regulation No 
9 

Delegated act /  
UNECE regulation No 41 

UNECE regulation No 
41 

Delegated act /  
UNECE regulation No 9 

UNECE regulation No 
9 

Delegated act /  
UNECE regulation No 63 

UNECE regulation No 
63  

Delegated act /  
UNECE regulation No 9 

UNECE regulation No 
9 

NB refer to the last page of Annex VIII for an overview of the notes to the annexes 

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(A)  Durability mileage of L-category vehicles 

Vehicle 
category 

Vehicle 
category name 

Euro 3(4) durability 
mileage (km) 

Euro 4(5)durability 
mileage (km) 

Euro 5(6)durability 
mileage(7) (km) 

ANNEX VII 

Durability of pollution control devices 

Powered cycle 

5 000 

10 000 

5 500 

11 000 

6 000 

12 000 

L1Ae 

L1Be 
L2e 
L6Ae 

L3e 
L4e(14) 

L5e 
L6Be 
L7Be 
L3e 
L4e(14) 

- Two-wheel moped 
- Three-wheel moped 
-Light on-road quad 

-Two-wheel 
motorcycle, with and 
without side-car  
(vmax < 130 km/h) 
-Tricycle 
-Light mini-car 
-Heavy mini-car 
Two-wheel 
motorcycle, with and 
without side-car  
(vmax ≥ 130 km/h) 

18 000 

20 000 

30 000 

30 000 

35 000 

50 000 

L7Ae 

Heavy on-road quad 

(B)  Deterioration Factors (DF) 
Vehicle 
category 

Vehicle 
category 

Euro 3(4) 
DF (-) 

Euro 4(5) 
DF (-) 

CO 

HC 

NOx 

PM 

CO 

HC 

NOx 

PM 

CO 

THC 

PI 

CI(25) 

L1e — L7e 

All 

1.0 

1.0 

1.0 

1.0 

1.1 

1.1 

1.1 

1.1 

1.5 

1.3 

1.1 

NB refer to the last page of Annex VIII for an overview of the notes to the annexes 

Euro 5(6) 
DF+(7) (- ) 

NMHC 

NOx 

PI 

1.3 

CI  

1.1 

PI 

1.3 

CI 

1.1 

PM(24)
(
CI 

1.0 

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ANNEX VIII 

Enhanced functional safety requirements 

Topic 

Mandatory fitting of 
advanced brake 
systems(26) 

Application date
Four  years  after  the  date  referred  to  in 
the second subparagraph of Article 82. 

Requirements 
of 

(a)  new  motorcycles(27) 

the 

L3e–A1 
subcategory  which  are  sold,  registered  and 
entering  into  service  are  to  be  equipped  with 
either  an  anti-lock(28)  or  a  combined  brake 
system(29)  or  both  types  of  advanced  brake 
systems,  at 
the  vehicle 
the  choice  of 
manufacturer; 

cornering 

Safe 
hard-surfaced roads 

on 

The  date  referred  to  in  the  second 
subparagraph of Article 82. 

(b)  new  motorcycles  of  subcategories  L3e–A2 
and  L3e–A3  which  are  sold,  registered  and 
entering  into  service  to  be  equipped  with  an 
anti-lock brake system. 

L-category vehicles are to be constructed such that 
each of the wheels can rotate at different speeds at 
all times in order to allow safe cornering on hard-
surfaced roads. If a three- or four-wheel vehicle is 
equipped  with  a  lockable  differential,  it  must  be 
designed to be normally unlocked. 

of 
Improvement 
vehicle 
rider 
and 
visibility  by  automatic 
switching 
of 
lighting(30) 

The  date  referred  to  in  the  second 
subparagraph of Article 82. 

In  order  to  improve  their  visibility,  L-category 
vehicles are to be equipped with the following: 

(a)  for  L1e  vehicles:  lighting  and  light-signalling 
devices 
compliance  with  UNECE 
regulation  74  Rev.  2,  which  requires  the 
lighting system to be turned on automatically;  

in 

lighting  and 

(b)  for  L3e  vehicles:  at  the  choice  of  the  vehicle 
manufacturer,  either 
light-
signalling devices in compliance with UNECE 
regulation  53  Rev.  2  and  its  amendments  1 
and  2,  or  dedicated  day-time  running  lights 
(DRL) complying with UNECE regulation 87 
Rev.2 and its amendments 1 and 2;  

(c)  for  all  other  subcategories  of  L-category 
lighting  system  automatically 
vehicles:  a 
turning  on  or  at 
the 
manufacturer,  dedicated  day-time  running 
lights that automatically switch on(31) 

the  choice  of 

NB refer to the last page of Annex VIII for an overview of the notes to the annexes 

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Explanatory notes to Annexes I to VIII 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

The  power  limits  in  Annex  I  are  based  on  maximum  continuous  rated  power  independent  of  the  vehicle’s 
propulsion configuration. 

sub-classification of an L3e vehicle according to whether it has a design vehicle speed of less than or equal to 
130  km/h  or  more  than  130  km/h  is  independent  of  its  sub-classification  into  the  propulsion  performance 
classes A1 (although not likely to achieve 130 km/h), A2 or A3. 

Advanced brake systems are only mandatory on L3e vehicles, as stipulated in Annex VIII. 

Category L3e: Euro 4. 

Category L3e: Euro 5. 

Category L3e: Euro 6. 

Refer to Article 21, paragraphs (4) and (5). 

If  the  (hybrid)  engine(s)  is/are  equipped  with  a  stop  /  start  feature,  the  manufacturer  must  ensure  that  the 
combustion  engine  is running  in  idle  and  at  increased  idle  speed.  The vehicle  must  be  able  to run  the  free 
acceleration test for propulsions including a CI engine. 

(9) 

OJ L 282, 1.11.1996, p. 64. 

(10) 

OJ L 141, 6.6.2009, p. 12. 

(11) 

OJ L 116/1, 8.5.2010, p. 1. 

(12) 

OJ C […], […], p. […], including cold weighing. 

(13) 

OJ C […], […], p. […]. 

(14) 

Only the base two-wheel motorcycle to which the side-car is fitted must meet the appropriate emission limits. 

(15) 

CI only, also if e.g. a hybrid concept includes a CI engine. 

(16) 

Applicable to gasoline direct injection (DI) engines only. 

(17) 

The environmental effect study in Article 21 (4) will also assess the feasibility for L-category vehicles other 
than L3e, L5Ae and L7Ae to be emission-tested in a revised WMTC. 

(18) 

PI engines running on gasoline, gasoline blends or ethanol. 

(19) 

(20) 

(21) 

The cost-effectiveness of evaporative emission control will be assessed in the environmental effect study to 
be carried out for the Commission, as referred to in Article 21(5). A possible cost-effective evaporative fuel 
tank and fuel supply permeation testing will be assessed in this study as an alternative to the SHED test for 
the  sub  category  vehicles  which  were  not  subject  yet  to  evaporative  emission  testing,  refer  to  Article  21, 
paragraphs (4) and (5). 

vmax ≥ 130 km/h. 

Until the EU accedes to UNECE regulations 9, 41 and 63 and adopts these regulations in UNECE WP29 and 
in  the  EU,  including  the  associated  equivalent  sound  limits  for  the  Euro3  and  Euro4  steps,  vehicles  shall 
comply with the limits as listed in Annex VI(D) . When the UNECE regulations 9, 41 and 63 are adopted by 
the EU, these become mandatory including equivalent sound limits to the limits listed in Annex VI(D) and 
replace the testing procedures in the delegated act. 

(22) 

The TBD Euro 5 sound limits are to be modified in a separate codecision act. 

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(23) 

A  delegated  act  to  this  Regulation  contains  the  sound  test  procedures  and  will  be  replaced  by  UNECE 
regulations 9, 41 and 63.  

(24) 

Only for PI DI and CI engines. 

(25) 

Also applicable for hybrid vehicles. 

(26) 

(27) 

(28) 

‘Advanced  brake  system’  means  an  anti-lock  brake  system,  a  combined  brake  system  or  both.  The 
performance of advanced brake systems shall be tested according to the requirements as set out in a delegated 
act. 

Category  L4e  vehicles  (motorcycles  with  side-car)  are  excluded  from  requirements  (a)  and  (b)  on  the 
mandatory fitting of advanced brake systems. 

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

(29) 

‘Combined brake system’ means: 

(a)  for  vehicle  categories  L1e  and  L3e:  a  brake  system  where  at  least  two  brakes  on  different  wheels  are 

operated by actuation of a single control; 

(b)  for  vehicle  category  L4e:  a  brake  system  where  the  brakes  on  at  least  the  front  and  rear  wheels  are 
operated by actuation of a single control (if the rear wheel and sidecar wheel are braked by the same 
brake system, this is regarded as the rear brake); 

(c) for vehicle categories L2e, L5e, L6e and L7e: a brake system where the brakes on all wheels are operated 

by actuation of a single control. 

(30) 

(31) 

‘Automatically switching on’ means a lighting system turned on when the ignition switch or the engine on-
off switch is in the on-position. 

To  allow  a  combustion  engine  to  start  running,  the  lighting  system  may  be  turned  off  during  the  engine 
cranking period for a consecutive period of less than or equal to 10 s. 

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Directive 2002/24/EC 

Article 1(1), sub-paragraph one 

Article 1(1), sub-paragraph two 

Article 1(2)(a)(i) 

Article 1(2)(a)(ii) 

Article 1(2)(b) 

Article 1(2)2(c) 
Article 1(3)(a) 

Article 1(3)(a) 

Article 2 

Article 3 

Article 4(1) 
Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 4(5) 
Article 4(6) 

Article 5(1) 

Article 5(2) 

Article 5(3) 

Article 6(1) 

Article 6(2), sub-paragraph one 

Article 6(2), sub-paragraph two 

Article 7(1), sub-paragraph one 

Article 7(1), sub-paragraph two 

Article 7(2) 

Article 7(3) 

Article 7(4) 

Article 7(5) 

Article 7(6) 

Article 8(1) 

Article 8(2), sub-paragraph one 

Article 8(2), sub-paragraph two 

Note (32): Referred to in Article 81.

Annex IX 

Correlation table(32) 

This Regulation 

Articles 2(1) 

Article 2(2) 

Article 4(2)(a)(B) 

Article 4(2)(b) 

Article 4(2)(c), Article 4(2)(d) 
Article 4(e) 

Article 4(f) 

Article 4(g) 

Article 3 

Article 23 

Article 27(2) 
Article 27(1) 

Article 5(4) 

-

Article 31(1) 
Article 27(3) 

Article 27(10) 

Article 28(2) 
Article 28(1)(b) 

Article 27(5) 

Article 27(7) 

Article 27(8) 

Article 36(1) 

Article 36(4) 

Article 36(2) 

Article 36(5) 

Article 37(2) 

Article 59(2), sub paragraph one 

Article 59(2), sub paragraph two 

Article 37(1) 

Article 37(2) 

Article 37(3) 

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Directive 2002/24/EC 

This Regulation 

Article 9(1) 

Article 9(2) 

Article 9(3) 

Article 9(4) 

Article 9(5) 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 10(4) 

Article 11 

Article 12 

Article 13 

Article 14(1)(a) 

Article 14(1)(b)(i) 

Article 14(1)(b)(ii) 

Article 14(2), sub-paragraph one

Article 14(2), sub-paragraph two

Article 15(1) 

Article 15(2) 

Article 15(3) sub-paragraph one (a)(i)

Article 15(3) sub-paragraph one (a)(ii)

Article 15(3) sub-paragraph two

Article 15(3)(b) sub-paragraph one

Article 15(3)(b) sub-paragraph two

Article 15(3)(b) sub-paragraph three

Article 15(3)(b) sub-paragraph four

Article 15(4) 

Article 16(1) sub-paragraph one

Article 16(1) sub-paragraph two

Article 16(2) sub-paragraph one

Article 16(2) sub-paragraph two

Article 16(3) 

Article 17 

Article 18(1) 

Article 18(2) 

Article 18(3) 

Article 19 

Article 20 

Article 46 

Article 32(1) 

Article 32(2) 

Article 33 

Article 34(3) 

Article 31(4) 

Article 51(3) 

Article 35(4) 

Article 51(7) 

-

Article 50(1) 

-

Article 5(1) 

Article 66(9) 

Article 64(8) 

-

Article 66(10) 

Article 45 

Article 47 

Article 40 

Article 2(2)(e) 

-

-

-

-

-

-

-

-

-

-

Article 38 

Article 39 

Article 74(1) 

Article 74(2) 

-

Article 81 

Article 82(2) 

EN 

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Directive 2002/24/EC 

This Regulation 

Article 21 

Article 22 

Article 23 

Article 24 

Article 79(1) 

-

Article 82(1) 

-

EN 

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