CELEX: 
Language: en
Date: 2017-12-12
Title: COMMISSION REGULATION (EU) …/… amending Regulation (EU) 2017/1151 for the purpose of introducing devices for measuring the consumption of fuel and energy as a requirement for type approval

COMMISSION REGULATION (EU) …/…
            
            
               of XXX
            
            
               amending Regulation (EU) 2017/1151 for the purpose of introducing devices for measuring the consumption of fuel and energy as a requirement for type approval
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information
                  1
               , and in particular Article 14(3) thereof,
            
            
               Whereas: 
            
            
               (1)There is a growing public concern with the reliability of laboratory test procedures for measuring emissions, inter alia regarding the measurement of greenhouse gas emissions and the fuel and energy consumption of light duty vehicles. A number of sources have indicated a growing gap between certified and average real-world CO2 emissions.
            
            
               (2)The fuel and energy consumption values resulting from the regulatory laboratory test procedures should therefore be complemented by information of the vehicles' performance under real world conditions. Such information, once anonymised and aggregated, is essential for assessing that the regulatory test procedures adequately reflect the average real world CO2 emissions as well as the actual fuel and energy consumed. 
            
            
               (3)The in-use fuel and energy consumption is already being measured and stored on board of most new vehicles; however, the measurement devices are not subject to standardised requirements. In order to ensure that such data is accessible and comparable between different vehicles and manufacturers, it is therefore appropriate to specify the basic type-approval requirements that should be met by such devices in terms of measurement accuracy as well as means of access.  Requirements should also apply to the testing of production vehicles to ensure their conformity with the reference prototypes.
            
            
               (4)The quantity of fuel and energy used is an important parameter to control the propulsion and emissions of vehicles, and must be determined accurately on board. Specifying a minimum accuracy level which is achievable technically is needed to ensure that the data collected by this means provides a reliable and useful indication of the real world performance of vehicles. Requiring the information to be accessible using existing communication standards and parameter definitions is necessary to facilitate the harmonised access also for national authorities and third parties.
            
            
               (5)Preserving the stored lifetime information during the normal operation and maintenance of the vehicle and its engine control unit is essential to facilitate the collection of data and assess its representativeness in a consistent manner.
            
            
               (6)The data indicating the share of electric kilometers driven by plug-in hybrid vehicles is required to assess the representativeness of the utility factor assumed at vehicle certification. Accessing the actual consumption of electricity from external sources is necessary to assess and incentivise their energy efficiency.
            
            
               (7)The scope of the new requirements should be limited to vehicles operating on liquid fuels, due to the limitations of existing technical standards. 
            
            
               (8)Regulation (EU) 2017/1151
                  2
                should therefore be amended accordingly. 
            
            
               (9)Enough time should be allowed for the national authorities and the manufacturers to adapt to the new requirements.
            
            
               (10)The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles,
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
                  Amendments to Regulation (EU) 2017/1151
               
         
         
            
               Regulation (EU) 2017/1151 is amended as follows:
            
            
               (1)The following Article 4a is inserted:
            
            
               "Article 4a
            
            
               Requirements for type-approval regarding devices for measuring the consumption of fuel and energy 
            
            
               The manufacturer shall ensure that vehicles of categories M1 and N1 powered exclusively by mineral diesel, biodiesel or both, petrol, ethanol or both, and plug-in hybrid vehicles powered by these fuels are equipped with a device for measuring the consumption of fuel and energy that complies with the requirements laid down in Annex XXII.
            
            
               The device for measuring the consumption of fuel and energy shall determine, store and make available data on the quantity of fuel and energy used for the operation of the vehicle.
            
            
                
            
            
                (2)Article 5 is amended as follows: 
            
            
               (a) In paragraph 3 the following point (i) is added:
            
            
               "(i)
                     a declaration by the manufacturer that the device for measuring the consumption of fuel and energy with which the vehicle is equipped in accordance with Article 4a complies with the requirements laid down in Annex XXII.";
            
            
               (b)In paragraph 4 the following subparagraph is added:
            
            
               "The declaration referred to in point (i) of paragraph 3 shall follow the model set out in Appendix 7a of Annex I."; 
            
            
               (3)In Article 15, the following points (8) and (9) are added:
            
            
               (8)With effect from 1 January 2020 in the case of categories M1 and N1 class I vehicles referred to in Article 4a, and from 1 January 2021 in the case of N1 vehicles of class II and III referred to in Article 4a, National authorities shall refuse, on grounds relating to emissions or fuel consumption, to grant EC type approval or national type approval in respect of new vehicle types which do not meet the requirements laid down in Article 4a. 
            
            
               (9)With effect from 1 January 2021, in the case of categories M1 and N1 class I, and from 1 January 2022 in the case of N1 vehicles of class II and III, national authorities shall, in the case of new vehicles referred to in Article 4a that do not comply with that Article, prohibit the registration, sale or entry into service of such vehicles. 
            
            
               (4)Annex I and Annex XI are amended in accordance with Annex I to this Regulation.
            
            
               (5)Annex XXII, as set out in Annex II to this Regulation, is added.
            
            
               Article 2
                  Entry into force
            
            
               This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
         
         
            
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                     The President
                     Jean-Claude Juncker
               
            
         
         
      
    ---documentbreak--- 
      
         
         
            
               ANNEX I
            
            
               (1)Annex I is amended as follows:
            
            
               (a)Appendix 1 is amended as follows:
            
            
                (i)Point 4 is replaced by the following:
            
            
                
                     "4.
                     For all vehicles with the exception of those referred to in Article 4(a), for CO2 and EC the normalised values for CO2 and EC shall be used: 
            
            
               xi = CO2test-i/CO2declared
            
            
                  
                     xi = ECtest-i/ECDC,COP
            
            
               In the case of CO2 and EC the factor A is set at 1.01, and the value for L is set at 1. In the case of CO2 and EC the criteria are simplified to:
            
            
                  
                     (i) 
                     Pass the family if Xtests < A – VAR
            
            
                  
                     (ii) 
                     Fail the family if 
            
            
               Xtests > A – ((N – 3) / 13) x VAR
            
            
                  
                     (iii) 
                     Take another measurement if: 
            
            
               A – VAR  ≤ Xtests < A – ((N – 3) / 13) x VAR"
            
            
               (ii)The following point 5 is added
            
            
               "For vehicles referred to in Article 4a, for CO2 and EC the normalised values for CO2 and EC shall be used: 
            
            
               xi = CO2test-i/CO2declared
            
            
                  
                     xi = ECtest-i/ECDC,COP
            
            
               xi,FECM = accuracy of the device for measuring the consumption of fuel and energy calculated in accordance with point 3.2 of Annex XXII
            
            
               In the case of CO2 and EC the factor A is set at 1.01, the value for L is set at 1, and the value for B is set at 1. In the case of CO2 and EC the criteria are simplified to:
            
         
         
            
                  
                     (i) 
                     Pass the family if Xtests < A – VAR and |Xtests,FECM| < B x 0.04 
            
            
                  
                     (ii) 
                     Fail the family if 
            
            
               Xtests > A – ((N – 3) / 13) x VAR or |Xtests,FECM| ≥ B x 0.04
            
            
                  
                     (iii) 
                     Take another measurement if: 
            
            
               A – VAR  ≤ Xtests < A – ((N – 3) / 13) x VAR";
            
            
                (b)In Appendix 4, in the Addendum to the type approval certificate, the following entry 2.5.4 is inserted:
            
            
               "2.5.4
                      Device for measuring the consumption of fuel and energy:
            
            
               y/n….";
            
            
               (c)In Appendix 6, point 1, Table 1, in the text under the heading "Key", "‘Euro 6d’ emissions standard = RDE testing against final conformity factors, otherwise full Euro 6 tailpipe emission requirements, revised evaporative emissions test procedure. " is replaced by the following:
            
            
               "‘Euro 6d’ emissions standard = RDE testing against final conformity factors, otherwise full Euro 6 tailpipe emission requirements, revised evaporative emissions test procedure, devices for measuring the consumption of fuel and energy.";
            
            
               (d)The following Appendix 7a is inserted:
            
            
               "Appendix 7a
            
            
               Manufacturer's declaration of compliance with the requirements as regards devices for measuring the consumption of fuel and energy 
            
            
               (Manufacturer)………………………………………………………………
            
            
               (Address of the manufacturer)………………………………………………
            
            
               Declares that
            
            
               the vehicle types listed in the attachment to this declaration are in compliance with Annex XXII to Regulation 2017/1151.
            
            
               Done at …………………………………………………………………..[Place]
            
            
               On ………………………………………………………………………..[Date]
            
            
         
         
            
               ……………………………………………………
                      Signature of the Manufacturer's Representative
            
            
               Annexes
            
            
               –
                     List of vehicle types to which this declaration applies; 
            
            
               –
                     Reports issued by the relevant technical service confirming: 
            
            
                  
                     (i) 
                     that the data listed in point 2 of Annex XXII to Regulation (EU)
                     
                     
                     
                     (EU) 2017/1151 is available and accessible
            
            
                  
                     (ii)
                     for the vehicles referred to in Article 4a of Regulation 
                     
                     
                     
                     
                     2017/1151, that the accuracy requirements laid down in point 
                     
                     
                     
                     3.2 of Annex XXII to that Regulation are met.";
               
            
               (2) Annex XI is amended as follows:
            
            
               (a) In Appendix 1 the following point 2.12. is added:
            
            
                  "2.12.
                     The  information listed in point 2 of Annex XXII shall be made available as signals through the serial port connector referred to in paragraph 6.5.3.2 (c) of Appendix 1 to Annex 11 to UN/ECE Regulation No 83, understood as  set out in Point 2.6 of Appendix 1 to Annex XI.".
            
            
               
            
               ANNEX II
            
            
               "ANNEX XXII
            
            
               Devices for measuring the consumption of fuel and energy 
            
            
               1.Definitions
            
            
               'Grid energy' means, for plug-in hybrid electric vehicles, the electric energy flowing into the battery when the vehicle is connected to an external power supply and the engine is turned off. It shall not include electrical losses between the external power source and the battery. 
            
            
               'Charge sustaining operation' means, for plug-in hybrid electric vehicles, the condition as specified in point 3.3.6 of Annex XXI of Regulation 2017/1151.
            
            
               'Charge depleting operation' means, for plug-in hybrid electric vehicles, the operating condition as specified in point 3.3.5 of Annex XXI of Regulation 2017/1151.
            
            
               'Driver-selectable charge increasing operation' means, for plug-in hybrid electric vehicles, the operating condition in which the driver has selected a mode of operation different than the default or normal mode of the vehicle that is intended to increase the battery state-of-charge.
            
            
               2. Information to be stored and made available
            
            
               The device for measuring the consumption of fuel and energy shall determine at least the following information and store it on board the vehicle:
            
         
         
            
               2.1.For all vehicles referred to in Article 4a, with the exception of plug-in hybrid vehicles:
            
            
               (a)Total fuel consumed (lifetime); 
            
            
               (b)total distance travelled (lifetime);
            
            
               (c)engine fuel rate (instantaneous);
            
            
               (d)vehicle fuel rate (instantaneous),
            
            
               (e)vehicle speed sensor (instantaneous).
            
            
               2.2.For plug-in hybrid electric vehicles:
            
            
               (a)Total fuel consumed (lifetime);
            
            
               (b)total fuel consumed in charge depleting operation (lifetime);
            
            
               (c)total fuel consumed in driver-selectable charge increasing operation (lifetime);
            
            
               (d)total distance travelled (lifetime);
            
            
               (e)total distance travelled in charge depleting operation with engine off (lifetime);
            
            
               (f)total distance travelled in charge depleting operation with engine running (lifetime);
            
            
               (g)total distance travelled in driver-selectable charge increasing operation (lifetime);
            
            
               (h)engine fuel rate (instantaneous);
            
            
               (i)vehicle fuel rate (instantaneous);
            
            
               (j)vehicle speed sensor (instantaneous).
            
            
               (k)total grid energy into the battery (lifetime).
            
            
               Instantaneous values of a certain quantity determined and stored at a time t mean the values of this quantity averaged over a time interval of one second prior to the time t. 
            
            
               Lifetime values of a certain quantity determined and stored at a time t shall be the values of this quantity accumulated since the completion of production of the vehicle until time t.
            
         
         
            
               All instantaneous and lifetime values shall be updated simultaneously at a minimum rate of once per second.
            
            
               3.Accuracy
            
            
               3.1With regard to the information specified in point 2, the manufacturer shall ensure that the device provides the most accurate values that can be achieved by the measurement and calculation system of the engine control unit. 
            
            
               3.2Notwithstanding point 3.1, the manufacturer shall ensure that the accuracy is higher than -0,04 and lower than 0,04 calculated with three decimals using the following formula:
            
            
            
               Where
            
            
               Fuel_Consumption_WLTP 
                     is the fuel consumption combined determined for vehicle H or vehicle L on the Type 1 test, "the first test", set out in Annex XXI,
            
            
               Fuel_Consumption_FECM 
                     is the fuel consumption determined using the differentials of the parameter "Total fuel consumed (lifetime)" as provided by the device on the same test.
            
            
               For plug-in hybrid electric vehicles the charge-sustaining Type 1 test shall be used.
            
            
               3.2.1If the requirements set out in point 3.2 are not met, a second Type 1 test shall be performed for vehicle H or vehicle L as the case may be. The requirements set out in point 3.2. shall be deemed to be fulfilled where the accuracy is higher than -0,04 and lower than 0,04 calculated in accordance with the formula in point 3.2 using the cumulative fuel consumed and distances driven in the two tests.
            
            
               3.2.2If the requirements set out in point 3.2.1 are not met, a third Type 1 test shall be performed for vehicle H or vehicle L as the case may be. The requirements set out in point 3.2. shall be deemed to be fulfilled where the accuracy is higher than -0,04 and lower than 0,04 calculated in accordance with the formula in point 4.2 using the cumulative fuel consumed and distances driven in the three tests.
            
            
               4.Access to information stored in the device
            
            
               The device for measuring the consumption of fuel and energy shall provide for standardised and unrestricted access and shall conform to the standards referred to in points 6.5.3.1 (a) and 6.5.3.2 (a) of Paragraph 6.5.3. of Appendix 1 to Annex 11 to UN/ECE Regulation No 83, understood as set out in Point 2.6. of Appendix 1 to Annex XI.
            
            
               Notwithstanding the specifications of the standards on reset conditions, once the vehicle has entered into service the values of the lifetime counters shall be preserved. In case of malfunctioning affecting these values, the counters may be reset simultaneously to ensure that the values remain fully synchronised. "