Document ID: chunk:federal_register_of_legislation:F2023C00229:reg:110:p25
Version: federal_register_of_legislation:F2023C00229
Segment Type: reg
Provision Reference: reg 110 (pt 25/59)
Character Range: 674479–677485

test report supplied by the manufacturer.

             5.1.2. The type-approval authority may conduct confirmatory testing.

             5.2. The confirmatory test should be applicable engine ESC, ETC and ELR tests, as specified in Section 4. Representative engines to be tested should be dismounted from vehicles used under normal conditions and be tested. Alternatively, after prior agreement with the type-approval authority, the manufacturer may test emission control components from vehicles in use, after being dismounted, transferred and mounted on properly used and representative engine(s). For each series of tests, the same package of emission control components shall be selected. The reason for the selection shall be stated.

             5.3. A test result may be regarded as non-satisfactory when, from tests of two or more engines representing the same engine family, for any regu- lated pollutant component, the limit value as shown in section 6.2.1 of Annex I to Directive 2005/55/EC is exceeded significantly.

         6.        ACTIONS TO BE TAKEN

             6.1. Where the type-approval authority is not satisfied with the information or test data supplied by the manufacturer, and, having carried out con- firmatory engine testing according to section 5, or based on confirmatory testing conducted by a Member State (section 6.3), and it is certain that an engine type is not in conformity with the requirements of these provisions, the type-approval authority must request the manufacturer to submit a plan of remedial measure to remedy the non-conformity.

             6.2. In this case, the remedial measures referred to in Article 11(2) and in Annex X to Directive 70/156/EEC [or the refont of the framework Direc- tive] are extended to engines in service belonging to the same vehicle type which are likely to be affected with the same defects, in accordance with section 8.

              To be valid the plan of remedial measures presented by the manufacturer must be approved by the type-approval authority. The manufacturer is responsible for the execution of the remedial plan as approved.

              The type-approval authority must notify its decision to all Member States within 30 days. The Member States may require that the same plan of remedial measures be applied to all engines of the same type registered in their territory.

             6.3. If a Member State has established that an engine type does not conform to the applicable requirements of this Annex, it must notify without delay the Member State which granted the original type-approval in accordance with the requirements of Article 11(3) of Directive 70/156/EEC.

              Then, subject to the provision of Article 11(6) of Directive 70/156/EEC, the competent authority of the Member State which granted the origi- nal type-approval shall inform the manufacturer that an engine type fails to satisfy the requirements of these provisions and that certain mea- sures are expected of the