CELEX: 
Language: en
Date: 2021-02-03
Title: COMMISSION DELEGATED REGULATION (EU) …/... supplementing Regulation (EU) 2019/2144 of the European Parliament and of the Council by laying down detailed rules concerning the alcohol interlock installation facilitation in motor vehicles and amending Annex II to that Regulation and Annex II to Regulation (EU) 2018/858 of the European Parliament and of the Council

EXPLANATORY MEMORANDUM
            
            
            
               1.
                     CONTEXT OF THE DELEGATED ACT
            
            
               Alcohol interlocks enhance traffic safety by preventing drivers from driving with alcohol concentrations above certain limits. Such devices are not mandatory for motor vehicles in the EU but they are mostly intended for the aftermarket. In order to avoid that, when installed, they interfere with the performance of the vehicle and its safety and security, it is necessary to require vehicle manufacturers to provide the necessary details to the technicians installing an alcohol interlock into a certain vehicle model. This will significantly facilitate the installation of such devices and make it safe.
            
            
               Regulation (EU) 2019/2144 of the European Parliament and of the Council
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                provides for such alcohol interlock installation facilitation in motor vehicles of categories M and N from 6 July 2022 for new vehicle types and from 7 July 2024 for all new vehicles.
            
            
               The Commission is empowered to lay down specific technical requirements for the approval of motor vehicles with regard to the facilitation of alcohol interlock installation. This Commission Delegated Regulation supplements Regulation (EU) 2019/2144 by laying down the respective technical requirements. In particular, it obliges vehicle manufacturers to provide an installation document with the necessary details for the installation. The proposed provisions are based on the existing EN 50436 standard.
            
            
               This Commission Delegated Regulation amends Annex II to Regulation (EU) 2019/2144 by adding a reference to the regulatory act establishing the specific requirements with regard to the alcohol interlock installation facilitation in motor vehicles. A reference to this Regulation is also introduced to the list of requirements contained in Appendices 1 and 2 to Part 1 of Annex II to Regulation (EU) 2018/858 of the European Parliament and of the Council
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                with respect to the requirements applicable to the EU type-approval of vehicles produced in small series and to the EU individual vehicle approval, respectively.
            
            
               2.
                     CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
            
            
               In the preparation of this act, the Commission carried out appropriate consultations with the Member States experts and stakeholders. There was a general support from Member States and stakeholders on the draft at the meetings of the Motor Vehicle Working Group held on 8 October 2020, where the draft was first presented.
            
            
               3.
                     LEGAL ELEMENTS OF THE DELEGATED ACT
            
            
               The legal basis of this delegated act is Article 4(6) and Article 6(6) of Regulation (EU) 2019/2144 of the European Parliament and of the Council and Article 5(3) of Regulation (EU) 2018/858 of the European Parliament and of the Council.
            
            
               COMMISSION DELEGATED REGULATION (EU) …/...
            
            
               of XXX
            
            
               supplementing Regulation (EU) 2019/2144 of the European Parliament and of the Council by laying down detailed rules concerning the alcohol interlock installation facilitation in motor vehicles and amending Annex II to that Regulation and Annex II to Regulation (EU) 2018/858 of the European Parliament and of the Council
            
            
               (Text with EEA relevance)
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and  systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2010, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166
                  3
               , and in particular Article 4(6) and Article 6(6) thereof,
            
            
               Having regard to Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC
                  4
               , and in particular Article 5(3) thereof,
            
         
         
            
            
               Whereas:
            
            
               (1)Article 6 of Regulation (EU) 2019/2144 of the European Parliament and of the Council requires motor vehicles of categories M and N to be equipped with certain advanced vehicle systems, including alcohol interlock installation facilitation. It lays down in its Annex II basic requirements for the type-approval of motor vehicles with regard to the alcohol interlock installation facilitation in those vehicles.
            
            
               (2)The alcohol interlocks enhance traffic safety by preventing persons with alcohol concentrations in their bodies exceeding a set limit value from driving a motor vehicle.
            
            
               (3)Detailed rules are necessary concerning the specific requirements for the approval of vehicles with regard to alcohol interlock installation facilitation. 
            
            
               (4)The European Standard EN 50436 series specifies test methods and essential performance requirements for alcohol interlocks and gives guidance for authorities, decision makers, purchasers and users. Standards in that series also include specific provisions related to motor vehicles to facilitate the installation of alcohol interlocks. 
            
            
               (5)Alcohol interlocks are mostly intended for aftermarket installation. For this purpose, they are connected to the electric and control circuits of the vehicle. Such installation should not interfere with the proper performance or maintenance of the vehicle, should not impair the safety and security of the vehicle, but should also be as straightforward as possible for specialised and trained installers.
            
            
               (6)It is therefore necessary to require vehicle manufacturers to make available on their websites a document with clear instructions for installation of the alcohol interlocks (‘installation document’) in order to allow the technicians to properly install an alcohol interlock in a certain vehicle model.
            
            
               (7)As some of the information contained in the installation document may relate to security-related vehicle repair and maintenance information services, it should only be available to the independent operators that are authorised by accredited entities in accordance with Appendix 3 of Annex X to Regulation (EU) 2018/858.
            
            
               (8)The table containing the list of requirements in Annex II to Regulation (EU) 2019/2144 does not contain any reference to regulatory acts as regards alcohol interlock installation facilitation. It is therefore necessary to introduce a reference to this Regulation in that Annex. 
            
            
               (9)The tables in Appendix 1 to Part I of Annex II to Regulation (EU) 2018/858 contain the regulatory acts applicable to the EU type-approval of vehicles produced in small series pursuant to Article 41 of that Regulation and to the EU individual vehicle approval pursuant to Article 44 of that Regulation, respectively. It is therefore necessary to update Annex II to introduce a reference to Regulation (EU) 2019/2144 and this Regulation as they contain requirements that also apply to vehicles produced in small series and to individually approved vehicles.
            
            
               (10)Regulations (EU) 2019/2144 and (EU) 2018/858 should therefore be amended accordingly.
            
            
               (11)As Regulation (EU) 2019/2144 is to apply from 6 July 2022, this Regulation should apply from the same date.
            
            
               (12)The provisions of this Regulation are closely linked, as they deal with rules concerning the technical requirements for the type-approval of vehicles with regard to alcohol interlock installation facilitation. As a result of the rules laid down in this Regulation, it is necessary to introduce a reference to this Regulation in Annex II to Regulation (EU) 2019/2144 and to introduce a reference to Regulation (EU) 2019/2144 and this Regulation in Annex II to Regulation (EU) 2018/858. It is therefore appropriate to adopt those provisions in a single Regulation, 
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               Requirements for alcohol interlock installation facilitation
            
            
               The type-approval of motor vehicles with regard to alcohol interlock installation facilitation shall be subject to the requirements set out in Annex I.
            
            
               Article 2
            
            
               Amendment to Regulation (EU) 2019/2144
            
         
         
            
               Annex II to Regulation (EU) 2019/2144 is amended in accordance with Annex II to this Regulation.
            
            
               Article 3
            
            
               Amendments to Regulation (EU) 2018/858
            
            
               Annex II to Regulation (EU) 2018/858 is amended in accordance with Annex III to this Regulation.
            
            
               Article 4
            
            
               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 6 July 2022.
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                     The President
                     Ursula von der Leyen
               
            
         
         
      
    ---documentbreak--- 
      
         
         
            
               ANNEX I
            
            
               Technical requirements
            
            
                     
                        
                           1.
                        
                     
                  
                  
                     
                        
                           Alcohol interlock installation facilitation shall allow the fitting or retrofitting of an alcohol interlock complying with European Standards EN 50436-1:2014 or EN 50436-2:2014. 
                        
                     
                  
               
                     
                        
                           2.
                        
                     
                  
                  
                     
                        
                           The vehicle system as regards alcohol interlock installation facilitation in each motor vehicle of categories M and N shall conform to the relevant vehicle model as laid down in the alcohol interlock installation document (‘installation document’), conforming to European Standard EN 50436-7:2016. For this purpose, the installation document shall cover at least one of the options in EN 50436-7:2016 Annex C 3a, 3b or 3c. The vehicle manufacturer may provide the installation document conforming to later revisions of the European Standard, in agreement with the approval authority and the technical service.
                        
                     
                  
               
                     
                        
                           3.
                        
                     
                  
                  
                     
                        
                           Installation document
                        
                     
                  
               
                     
                        
                           3.1.
                        
                     
                  
                  
                     
                        
                           The installation document shall contain a detailed description, diagrams and images explaining the installation of an alcohol interlock, covering any of the following sets of information: 
                        
                        
                           (a)the information regarding battery feed, ground, vehicle ready and start enabler;
                        
                        
                           (b) the information regarding battery feed, ground, vehicle ready and start-allowing or start-prohibiting input and output line, and an optional detection of propulsion capability (e.g. engine run) or vehicle moving signal line; or
                        
                        
                           (c)the information regarding battery feed, ground and a data bus connection.
                        
                     
                  
               
                     
                        
                           3.2.
                        
                     
                  
                  
                     
                        
                           Any additional software, hardware or procedures necessary to allow the installation of an alcohol interlock in a standard vehicle shall be identified and indicated in the installation document.
                        
                     
                  
               
                     
                        
                           3.3.
                        
                     
                  
                  
                     
                        
                           The alcohol interlock shall be in the blocking state normally. The blocking state of the alcohol interlock shall be achieved by either an open output relay, a corresponding output signal or the corresponding digital bus message. The closure of this relay or the change of the blocking output signal into the non-blocking output signal or the transmission of the corresponding non-blocking data bus message shall occur when an accepted breath sample with an alcohol concentration below the pre-set limit has been delivered.
                        
                     
                  
               
                     
                        
                           3.4.
                        
                     
                  
                  
                     
                        
                           An installed alcohol interlock shall only intervene in the engine starting process or in allowing the vehicle to move under its own power upon the activation of the vehicle master control switch and the alcohol interlock shall not influence a running engine or a moving vehicle.
                        
                     
                  
               
                     
                        
                           4.
                        
                     
                  
                  
                     
                        
                           Access to alcohol interlock facilitation information
                        
                     
                  
               
                     
                        
                           4.1.
                        
                     
                  
                  
                     
                        
                           Vehicle manufacturers shall make the installation document accessible in accordance with Annex X to Regulation (EU) 2018/858. Access to the installation document shall be restricted to independent operators that comply with Appendix 3 of that Annex.
                        
                     
                  
               
                     
                        
                           5.
                        
                     
                  
                  
                     
                        
                           The vehicle manufacturer shall annex to the information document a declaration  made out using the template set out in the Appendix to this Annex.
                        
                     
                  
               
               
            
               Appendix
            
            
               Manufacturer’s declaration
            
            
            
               (Manufacturer): 
            
            
               ...............................................................................................................................................
            
            
               (Address of the manufacturer):
            
            
               .............................................................................................................................................. 
            
            
            
               Certifies that
            
            
               It provides access to the alcohol interlock installation document in compliance with Article 1 of Commission Delegated Regulation (EU) …/…(1) [PO: this Regulation] for the following vehicle make and type: …
            
            
               The principal website address(es), where the alcohol interlock installation document may be accessed, is (are) listed in Annex A to this certificate. The contact details of the responsible manufacturer's representative who has signed this certificate are set out in Annex B to this certificate.
            
            
               Done at …[Place]
            
            
               On …[Date]
            
            
               [Signature] [Position][]
            
            
         
         
            
               Annex A: website address(es)
            
            
               Annex B: contact details
            
            
               ___________ 
            
            
               (1) [PO: insert full title and OJ reference.]
            
            
               ANNEX II
            
            
               Amendment to Regulation (EU) 2019/2144
            
            
            
               In Annex II to Regulation (EU) 2019/2144 the row for requirement E1 is replaced by the following:
            
            
                     
                        ‘E1 Alcohol interlock installation facilitation 
                     
                  
                  
                     
                        Commission Delegated Regulation (EU) 2021/… (*)
                     
                     
                        [Please insert reference to this Regulation]
                     
                  
                  
                     
                  
                  
                     
                        B
                     
                  
                  
                     
                        B
                     
                  
                  
                     
                        B
                     
                  
                  
                     
                        B
                     
                  
                  
                     
                        B
                     
                  
                  
                     
                        B
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        ___________________
                     
                     
                        (*) Commission Delegated Regulation (EU) 2021/[… - number and full title/OJ reference to be added before publication.]’.
                     
                  
               
               ANNEX III
            
            
            
               Amendments to Regulation (EU) 2018/858
            
            
            
               Appendix 1 of Part I of Annex II to Regulation (EU) 2018/858 is amended as follows:
            
            
                     
                        (1) in Table 1 the following entry 73 is added:
                     
                     
                  
               
                     
                        ‘73
                     
                  
                  
                     
                        E1 Alcohol interlock installation facilitation 
                     
                  
                  
                     
                        Regulation (EU) 2019/2144 of the European Parliament and of the Council (*)
                     
                     
                        Commission Delegated Regulation (EU) 2021/[…(**) - number to be added before publication.]
                     
                  
                  
                     
                        Vehicles based on a vehicle type covered by a EU type-approval of vehicles produced in unlimited series
                     
                  
                  
                     
                        X
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                        Vehicles with more than 2 seating positions
                     
                  
                  
                     
                        X
                     
                  
               
                     
                        ________________________________
                     
                     
                        (*) Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and  systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2010, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166
                     
                     
                        (**) Commission Delegated Regulation (EU) 2021/[… - number and full title/OJ reference to be added before publication.]’
                     
                  
               
            
                     
                        (2) in Table 2 the following entry 73 is added: 
                     
                     
                  
               
                     
                        ‘73
                     
                  
                  
                     
                        E1 Alcohol interlock installation facilitation 
                     
                  
                  
                     
                        Regulation (EU) 2019/2144
                     
                     
                        Regulation (EU) 2021/[… - number to be added before publication.]
                     
                  
                  
                     
                        Vehicles based on a vehicle type covered by a EU type-approval of vehicles produced in unlimited series
                     
                  
                  
                     
                        X 
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                        Vehicles with more than 2 seating positions 
                     
                  
                  
                     
                        X’