LegalizeRegulation (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 (Text with EEA relevance)
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter
Article 2
Scope
Article 3
Definitions
For the purposes of this Regulation and its implementing measures the following definitions shall apply:
‘hybrid vehicle’ means a vehicle with at least two different energy converters and two different energy storage systems (on vehicle) for the purpose of vehicle propulsion;
‘vehicles designed to fulfil specific social needs’ means diesel vehicles of category M1 which are either:
(a) special purpose vehicles as defined in Directive 70/156/EEC with a reference mass exceeding 2 000 kg; (b) vehicles with a reference mass exceeding 2 000 kg and designed to carry seven or more occupants including the driver with the exclusion, as from 1 September 2012, of vehicles of category M1G as defined in Directive 70/156/EEC; or (c) vehicles with a reference mass exceeding 1 760 kg which are built specifically for commercial purposes to accommodate wheelchair use inside the vehicle;
‘reference mass’ means the mass of the vehicle in running order less the uniform mass of the driver of 75 kg and increased by a uniform mass of 100 kg;
‘gaseous pollutants’ means the exhaust gas emissions of carbon monoxide, oxides of nitrogen, expressed in nitrogen dioxide (NO2) equivalent, and hydrocarbons;
‘particulate pollutants’ 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;
‘tailpipe emissions’ means the emission of gaseous and particulate pollutants;
‘evaporative emissions’ means the hydrocarbon vapours emitted from the fuel system of a vehicle other than those from tailpipe emissions;
‘crankcase’ means the spaces in, or external to, an engine which are connected to the oil sump by internal or external ducts through which gases and vapours can be emitted;
‘on-board diagnostic system’ or ‘OBD system’ means a system for emission control which has the capability of identifying the likely area of malfunction by means of fault codes stored in a computer memory;
‘defeat device’ means any element of design which senses temperature, vehicle speed, engine speed (RPM), 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 system, that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use;
‘pollution control device’ means those components of a vehicle that control and/or limit tailpipe and evaporative emissions;
‘original pollution control device’ means a pollution control device or an assembly of such devices covered by the type approval granted for the vehicle concerned;
‘replacement pollution control device’ means a pollution control device or an assembly of such devices intended to replace an original pollution control device and which can be approved as a separate technical unit as defined in Directive 70/156/EEC;
‘biofuels’ means liquid or gaseous fuels for transport, produced from biomass;
‘alternative fuel vehicle’ means a vehicle designed to be capable of running on at least one type of fuel that is either gaseous at atmospheric temperature and pressure, or substantially non-mineral oil derived;
‘direct injection engine’ means an engine which can operate in a mode where the fuel is injected into the intake air after the air has been drawn through the inlet valves.
CHAPTER II
MANUFACTURERS’ TYPE-APPROVAL OBLIGATIONS
Article 4
Manufacturers’ obligations
Manufacturers shall demonstrate that all new vehicles sold, registered or put into service in the Community are type approved in accordance with this Regulation and its implementing measures. Manufacturers shall also demonstrate that all new replacement pollution control devices requiring type approval which are sold or put into service in the Community are type approved in accordance with this Regulation and its implementing measures.
These obligations include meeting the emission limits set out in Annex I and the implementing measures referred to in Article 5.
Manufacturers shall ensure that type approval procedures for verifying conformity of production, durability of pollution control devices and in-service conformity are met.
In addition, the technical measures taken by the manufacturer must be such as to ensure that the tailpipe and evaporative emissions are effectively limited, pursuant to this Regulation, throughout the normal life of the vehicles under normal conditions of use. Therefore, in-service conformity measures shall be checked for a period of up to five years or 100 000 km, whichever is the sooner. Durability testing of pollution control devices undertaken for type approval shall cover 160 000 km. To comply with this durability test, the manufacturers should have the possibility to make use of test bench ageing, subject to the implementing measures referred to in paragraph 4.
In-service conformity shall be checked, in particular, for tailpipe emissions as tested against emission limits set out in Annex I. In order to improve control of evaporative emissions and low ambient temperature emissions, the test procedures shall be reviewed by the Commission.
Article 5
Requirements and tests
The use of defeat devices that reduce the effectiveness of emission control systems shall be prohibited. The prohibition shall not apply where:
(a) the need for the device is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle;
(b) the device does not function beyond the requirements of engine starting; or
(c) the conditions are substantially included in the test procedures for verifying evaporative emissions and average tailpipe emissions.
The specific procedures, tests and requirements for type approval set out in this paragraph, as well as requirements for the implementation of paragraph 2, which are designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3). This shall include establishing the requirements relating to:
(a) tailpipe emissions, including test cycles, low ambient temperature emissions, emissions at idling speed, smoke opacity and correct functioning and regeneration of after-treatment systems;
(b) evaporative emissions and crankcase emissions;
(c) OBD systems and in-use performance of pollution control devices;
(d) durability of pollution control devices, replacement pollution control devices, in-service conformity, conformity of production and roadworthiness;
(e) measurement of greenhouse gas emissions and fuel consumption;
(f) hybrid vehicles and alternative fuel vehicles;
(g) extension of type approvals and requirements for small volume manufacturers;
(h) test equipment; —————
(i) reference fuels, such as petrol, diesel, gaseous fuels and biofuels, such as bioethanol, biodiesel and biogas;
(j) measurement of engine power.
The above requirements shall, where relevant, apply to vehicles regardless of the type of fuel by which they are powered.
CHAPTER IV
OBLIGATIONS OF MEMBER STATES
Article 10
Type approval
The 4,5 mg/km emission limit for mass of particulate matter and the particle number limit referred to in Tables 1 and 2 of Annex I shall be effective from 1 September 2011 for the type-approval on new types of vehicles and from 1 January 2013 for all new vehicles sold, registered or put into service in the Community.
Article 11
Type approval of replacement parts
Article 12
Financial incentives
Member States may make provision for financial incentives that apply to vehicles in series production which comply with this Regulation and its implementing measures.
Those incentives shall be valid for all new vehicles offered for sale on the market of a Member State which comply at least with the emission limit values in Table 1 of Annex I in advance of the dates set out in Article 10(3); they shall cease on those dates.
Financial incentives that apply exclusively to vehicles which comply with the emission limit values in Table 2 of Annex I may be granted for such new vehicles offered for sale on the market of a Member State from the dates set out in Article 10(3) in advance of the dates set out in Article 10(5); they shall cease on the dates set out in Article 10(5).
Article 13
Penalties
The types of infringements which are subject to a penalty shall include:
(a) making false declarations during the 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.
CHAPTER V
FINAL PROVISIONS
Article 14
Redefinition of specifications
After the completion of the UN/ECE Particulate Measurement Programme, conducted under the auspices of the World Forum for Harmonisation of Vehicle Regulations, and at the latest upon entry into force of Euro 6, the Commission shall adopt the following measures, which are designed to amend non-essential elements of this Regulation, inter alia by supplementing it, without lowering the existing ambition level with regard to the environment:
(a) amendment of this Regulation in accordance with the regulatory procedure with scrutiny referred to in Article 15(3) for the purpose of recalibrating the particulate mass based limit values set out in Annex I to this Regulation, and introducing particle number based limit values in that Annex so that they correlate broadly with the petrol and diesel mass limit values;
(b) adoption of a revised measurement procedure for particulates and a particle number limit value, in accordance with the regulatory procedure with scrutiny referred to in Article 15(3).
Article 15
Committee procedure
Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Article 16
Amendments to Directives 70/156/EEC and 2005/55/EC
Directive 2005/55/EC is hereby amended as follows:
(a) The title shall be replaced by the following: ‘Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on type approval of heavy duty vehicles and engines with respect to their emissions (Euro IV and V)’;
(b) Article 1 shall be replaced by the following: ‘Article 1 For the purposes of this Directive the following definitions shall apply: (a) “vehicle” means any motor vehicle as defined in Article 2 of Directive 70/156/EEC with a reference mass exceeding 2 610 kg; (b) “engine” means the motive propulsion source of a vehicle for which type-approval as a separate technical unit, as defined in Article 2 of Directive 70/156/EEC, may be granted; (c) “enhanced environment-friendly vehicle (EEV)” means a vehicle propelled by an engine which complies with the permissive emission limit values set out in row C of the tables in Section 6.2.1 of Annex I.’;
(c) Section 1 of Annex I shall be replaced by the following: ‘1.This Directive applies to the control of gaseous and particulate pollutants, useful life of emission control devices, conformity of in-service vehicles/engines and on-board diagnostic (OBD) systems of all motor vehicles, and to engines as specified in Article 1 with the exception of those vehicles of category M1, N1, N2 and M2 for which type-approval has been granted under Regulation (EC) No 715/2007 (*1).
Article 17
Repeal
The following Directives shall be repealed with effect from 2 January 2013:
— Directive 70/220/EEC,
— Directive 72/306/EEC,
— Directive 74/290/EEC,
— Directive 77/102/EEC,
— Directive 78/665/EEC,
— Directive 80/1268/EEC,
— Directive 83/351/EEC,
— Directive 88/76/EEC,
— Directive 88/436/EEC,
— Directive 89/458/EEC,
— Directive 91/441/EEC,
— Directive 93/59/EEC,
— Directive 93/116/EC,
— Directive 94/12/EC,
— Directive 96/44/EC,
— Directive 96/69/EC,
— Directive 98/69/EC,
— Directive 98/77/EC,
— Directive 1999/100/EC,
— Directive 1999/102/EC,
— Directive 2001/1/EC,
— Directive 2001/100/EC,
— Directive 2002/80/EC,
— Directive 2003/76/EC,
— Directive 2004/3/EC.
Article 18
Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
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