Commission Regulation (EU) No 582/2011 of 25 May 2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council Text with EEA relevance

Article 1

Subject matter

This Regulation lays down measures for the implementation of Articles 4, 5, 6 and 12 of Regulation (EC) No 595/2009.

It also amends Regulation (EC) No 595/2009 and Directive 2007/46/EC.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1) ‘engine system’ means the engine, the emission control system and the communication interface (hardware and messages) between the engine system electronic control unit or units (hereinafter ‘ECU’) and any other powertrain or vehicle control unit;

(2) ‘service accumulation schedule’ means the ageing cycle and the service accumulation period for determining the deterioration factors for the engine-aftertreatment system family;

(3) ‘engine family’ means a manufacturers grouping of engines which, through their design as defined in Section 6 of Annex I, have similar exhaust emission characteristics; all members of the family shall comply with the applicable emission limit values;

(4) ‘engine type’ means a category of engines which do not differ in essential engine characteristics as set out in Appendix 4 to Annex I;

(5) ‘vehicle type with regard to emissions  —————’ means a group of vehicles which do not differ in essential engine and vehicle characteristics as set out in Appendix 4 to Annex I;

(6) ‘deNOx system’ means a selective catalytic reduction (hereinafter ‘SCR’) system, NOx adsorber, passive or active lean NOx catalyst or any other exhaust after-treatment system designed to reduce emissions of oxides of nitrogen (NOx);

(7) ‘exhaust after-treatment system’ means a catalyst (oxidation, 3-way or any other), particulate filter, deNOx system, combined deNOx particulate filter, or any other emission reducing device, that is installed downstream of the engine;

(8) ‘on-board diagnostic (OBD) system’ means a system on-board a vehicle or engine which has the capability: (a) of detecting malfunctions, affecting the emission performance of the engine system; and (b) of indicating their occurrence by means of an alert system; and (c) of identifying the likely area of the malfunction by means of information stored in computer memory and communicating that information off-board;

(9) ‘qualified deteriorated component or system’ (hereinafter ‘QDC’) means a component or system that has been intentionally deteriorated such as by accelerated ageing or by having been manipulated in a controlled manner and which has been accepted by the approval authority in accordance with the provisions set out in Annex 9B to UN/ECE Regulation No 49 for use when demonstrating the OBD performance of the engine system;

(10) ‘ECU’ means the engine system electronic control unit;

(11) ‘diagnostic trouble code’ (hereinafter ‘DTC’) means a numeric or alphanumeric identifier which identifies or labels a malfunction;

(12) ‘portable emissions measurement system’ (hereinafter ‘PEMS’) means a portable emissions measurement system meeting the requirements specified in Appendix 2 to Annex II;

(13) ‘malfunction indicator’ (hereinafter ‘MI’) means an indicator which is part of the alert system and which clearly informs the driver of the vehicle in the event of a malfunction;

(14) ‘ageing cycle’ means the vehicle or engine operation (speed, load, power) to be executed during the service accumulation period;

(15) ‘critical emission-related components’ means the following components which are designed primarily for emission control: any exhaust after-treatment system, the ECU and its associated sensors and actuators, and the exhaust gas recirculation (hereinafter ‘EGR’) system including all related filters, coolers, control valves and tubing;

(16) ‘critical emission-related maintenance’ means the maintenance to be performed on critical emission-related components;

(17) ‘emission related maintenance’ means the maintenance which substantially affects emissions or which is likely to affect emissions deterioration of the vehicle or the engine during normal in-use operation;

(18) ‘engine aftertreatment system family’ means a manufacturer’s grouping of engines that comply with the definition of engine family, but which are further grouped into engines utilising a similar exhaust after-treatment system;

(19) ‘Wobbe index (lower Wl or upper Wu)’ means the ratio of the corresponding calorific value of a gas per unit volume and the square root of its relative density under the same reference conditions: Which can also be expressed as

(20) ‘λ-shift factor’ (hereinafter ‘Sλ’) means an expression, specified in Section A.5.5.1 of Appendix 5 of Annex 4 to UNECE Regulation No 49, that describes the required flexibility of the engine management system regarding a change of excess-air-ratio λ if the engine is fuelled with a gas composition different from pure methane;

(21) ‘non-emission-related maintenance’ means the maintenance which does not substantially affect emissions and which does not have a lasting effect on the emissions deterioration of the vehicle or the engine during normal in-use operation once the maintenance is performed;

(22) ‘OBD engine family’ means a manufacturer’s grouping of engine systems having common methods of monitoring and diagnosing emission-related malfunctions;

(23) ‘scan-tool’ means an external test equipment used for standardised off-board communication with the OBD system in accordance with the requirements of this Regulation;

(24) ‘Auxiliary Emission Strategy’ (hereinafter ‘AES’) means an emission strategy that becomes active and replaces or modifies a base emission strategy for a specific purpose and in response to a specific set of ambient and/or operating conditions and only remains operational as long as those conditions exist;

(25) ‘Base Emission Strategy’ (hereinafter ‘BES’) means an emission strategy that is active throughout the speed and load operating range of the engine unless an AES is activated;

(26) ‘in-use performance ratio’ means the ratio of the number of times that the conditions have existed under which a monitor, or group of monitors, should have detected a malfunction to the number of driving cycles of relevance to that monitor or group of monitors;

(27) ‘engine start’ consists of the ignition-On, cranking and start of combustion, and is completed when the engine speed reaches 150 min^-1 below the normal, warmed-up idle speed;

(28) ‘operating sequence’ means a sequence consisting of an engine start, an operating period (of the engine), an engine shut-off, and the time until the next start, where a specific OBD monitor runs to completion and a malfunction would be detected if present;

(29) ‘emission threshold monitoring’ means monitoring of a malfunction that leads to an excess of the OBD threshold limits (OTLs) and which consists of either or both of the following: (a) direct emissions measurement via a tailpipe emissions sensor(s) and a model to correlate the direct emissions to specific emissions of the applicable test-cycle; (b) indication of an emissions increase via correlation of computer input and output information to test-cycle specific emissions;

(30) ‘performance monitoring’ means malfunction monitoring that consists of functionality checks, and the monitoring of parameters that are not directly correlated to emission thresholds, that is done on components or systems to verify that they are operating within the proper range;

(31) ‘rationality failure’ means a malfunction where the signal from an individual sensor or component differs from that expected when assessed against signals available from other sensors or components within the control system including cases where all of the measured signals and component output data are individually within the range associated with normal operation of the associated sensor or component and where none of the sensors or components is individually indicating a malfunction;

(32) ‘total functional failure monitoring’ means monitoring in order to detect a malfunction which will lead to a complete loss of the desired function of a system;

(33) ‘malfunction’ means a failure or deterioration of an engine system, including the OBD system, that might reasonably be expected to lead either to an increase in any of the regulated pollutants emitted by the engine system or to a reduction in the effectiveness of the OBD system;

(34) ‘general denominator’ means a counter indicating the number of times a vehicle has been operated, taking into account general conditions;

(35) ‘ignition cycle counter’ means a counter indicating the number of engine starts a vehicle has experienced;

(36) ‘Driving cycle’ means a sequence consisting of an engine start, an operating period (of the vehicle), an engine shut-off, and the time until the next engine start;

(37) ‘group of monitors’ means, for the purpose of assessing the in-use performance of an OBD engine family, a set of OBD monitors used for determining the correct operation of the emission control system;

(38) ‘net power’ means the power obtained on a test bench at the end of the crankshaft or its equivalent at the corresponding engine or motor speed with the auxiliaries according to Annex XIV and determined under reference atmospheric conditions;

(39) ‘maximum net power’ means the maximum value of the net power measured at full engine load;

(40) ‘wall-flow diesel particulate filter’ means a diesel particulate filter (hereinafter ‘DPF’) in which all the exhaust gas is forced to flow through a wall which filters out the solid matter;

(41) ‘continuous regeneration’ means the regeneration process of an exhaust after-treatment system that occurs either permanently or at least once per World Harmonized Transient Driving Cycle (hereinafter ‘WHTC’) hot start test;

(42) ‘customer adaptation’ means any change to a vehicle, system, component or separate technical unit made at the specific request of a customer and subject to approval;

(44) ‘carry-over system’ means a system, as defined in Article 3(23) of Directive 2007/46/EC, carried over from an old type of vehicle to a new type of vehicles;

(45) ‘diesel mode’ means the normal operating mode of a dual-fuel engine during which the engine does not use any gaseous fuel for any engine operating condition;

(46) ‘dual-fuel engine’ means an engine system that is designed to simultaneously operate with diesel fuel and a gaseous fuel, both fuels being metered separately, where the consumed amount of one of the fuels relative to the other one may vary depending on the operation;

(47) ‘dual-fuel mode’ means the normal operating mode of a dual-fuel engine during which the engine simultaneously uses diesel fuel and a gaseous fuel at some engine operating conditions;

(48) ‘dual-fuel vehicle’ means a vehicle that is powered by a dual-fuel engine and that supplies the fuels used by the engine from separate on-board storage systems;

(49) ‘service mode’ means a special mode of a dual-fuel engine that is activated for the purpose of repairing, or of moving the vehicle from the traffic when operation in the dual-fuel mode is not possible;

(50) ‘Gas Energy Ratio (GER)’ means in case of a dual-fuel engine, the energy content of the gaseous fuel divided by the energy content of both fuels (diesel and gaseous), expressed as a percentage, the energy content of the fuels being defined as the lower heating value;

(51) ‘average gas ratio’ means the average Gas Energy Ratio calculated over a driving cycle;

(52) ‘type 1A dual-fuel engine’ means a dual-fuel engine that operates over the hot part of the WHTC test-cycle with an average gas ratio that is not lower than 90 per cent (GERWHTC ≥ 90 %), and that does not idle using exclusively diesel fuel, and that has no diesel mode;

(53) ‘type 1B dual-fuel engine’ means a dual-fuel engine that operates over the hot part of the WHTC test-cycle with an average gas ratio that is not lower than 90 per cent (GERWHTC ≥ 90 %), and that does not idle using exclusively diesel fuel in dual-fuel mode, and that has a diesel mode;

(54) ‘type 2A dual-fuel engine’ means a dual-fuel engine that operates over the hot part of the WHTC test-cycle with an average gas ratio between 10 per cent and 90 per cent (10 % < GERWHTC < 90 %) and that has no diesel mode or that operates over the hot part of the WHTC test-cycle with an average gas ratio that is not lower than 90 per cent (GERWHTC ≥ 90 %), but that idles using exclusively diesel fuel, and that has no diesel mode;

(55) ‘type 2B dual-fuel engine’ means a dual-fuel engine that operates over the hot part of the WHTC test-cycle with an average gas ratio between 10 per cent and 90 per cent (10 % < GERWHTC < 90 %) and that has a diesel mode or that operates over the hot part of the WHTC test-cycle with an average gas ratio that is not lower than 90 per cent (GERWHTC ≥ 90 %), but that can idle using exclusively diesel fuel in dual-fuel mode, and that has a diesel mode;

(56) ‘type 3B dual-fuel engine’ means a dual-fuel engine that operates over the hot part of the WHTC test-cycle with an average gas ratio that does not exceed 10 per cent (GERWHTC ≤ 10 %) and that has a diesel mode;

(57) ‘Particulate Matter number’ (PM number) means the total number of solid particles emitted from the exhaust quantified according to the dilution, sampling and measurement methods as specified in Annex 4 to UNECE Regulation 49 (¹).

Article 3

Requirements for type-approval

In order to receive an EU type-approval of an engine system or engine family as a separate technical unit, an EU type-approval of a vehicle with an approved engine system with regard to emissions, or an EU type-approval of a vehicle with regard to emissions, the manufacturer shall, in accordance with the provisions of Annex I, demonstrate that the vehicles or engine systems or engine families are subject to the tests and comply with the requirements set out in Articles 4 and 14 and in Annexes III to VIII, X, XIII and XIV. The manufacturer shall also ensure compliance with the specifications of reference fuels set out in Annex IX. In the case of dual-fuel engines and vehicles, the manufacturer shall, in addition, comply with the requirements set out in Annex XVIII.

In order to receive an EU type-approval of a vehicle with an approved engine system with regard to emissions, or an EU type-approval of a vehicle with regard to emissions, the manufacturer shall also demonstrate that the requirements laid down in Article 6 of and Annex II to Commission Regulation (EU) 2017/2400 (²) are met with respect to the vehicle group concerned.  —————

The procedures for demonstrating the compliance of an engine system or engine-aftertreatment system family over the normal useful life periods are set out in Annex VII to this Regulation.

At high idle speed, the carbon monoxide content by volume of the exhaust gases shall not exceed 0,2 % vol., with the engine speed being at least 2 000 min^-1 and Lambda being 1 ± 0,03 or in accordance with the specifications of the manufacturer.

In addition, manufacturers shall provide the approval authority with information on the operating strategy of any EGR system, including its functioning at low ambient temperatures.

This information shall also include a description of any effects on emissions of operating the system under low ambient temperatures.

Article 4

On-board diagnostics

Article 5

Application for EU type-approval of an engine system or engine family as a separate technical unit with regard to emissions

Together with the application, the manufacturer shall provide a documentation package that fully explains any element of design which affects emissions, the emission control strategy of the engine system, the means by which the engine system controls the output variables which have a bearing upon emissions, whether that control is direct or indirect, anti-tampering measures and fully explains the warning and inducement system required by Sections 4 and 5 of Annex XIII. The documentation package shall be identified and dated by the approval authority and kept by that authority for at least 10 years after the approval is granted.

The documentation package shall consist of the following parts:

the information set out in Section 8 to Annex I,

an AES documentation package, as described in Appendix 11 of Annex I to this Regulation in order for the approval authorities to be able to assess the proper use of AES.

At the request of the manufacturer, the approval authority shall conduct a preliminary assessment of the AES for new vehicle types. In that case, the manufacturer shall provide the draft AES documentation package to the approval authority between 2 and 12 months before the start of the type-approval process.

The approval authority shall make a preliminary assessment on the basis of the draft AES documentation package provided by the manufacturer. The approval authority shall make the preliminary assessment in accordance with the methodology described in Appendix 2 of Annex VI. The approval authority may deviate from that methodology in exceptional and duly justified cases.

The preliminary assessment of the AES for new vehicle types shall remain valid for the purposes of type approval for a period of 18 months. That period may be extended by a further 12 months if the manufacturer provides the approval authority with proof that no new technologies have become available on the market that would change the preliminary assessment of the AES.

A list of AES which were deemed non-acceptable by approval authorities shall be compiled yearly by the Forum for Exchange of Information on Enforcement and made available to the public by the Commission.

In addition to the information referred to in paragraph 3, the manufacturer shall submit the following information:

(a) in the case of positive-ignition engines, a declaration by the manufacturer of the minimum percentage of misfires out of a total number of firing events that either would result in emissions exceeding the limits set out in Annex X if that percentage of misfire had been present from the start of the emission test as set out in Annex III or could lead to an exhaust catalyst, or catalysts, overheating prior to causing irreversible damage;

(b) a description of the provisions taken to prevent tampering with and modification of the emission control computer(s) including the facility for updating using a manufacturer-approved programme or calibration;

(c) documentation of the OBD system, in accordance with the requirements set out in Section 5 to Annex X;

(e) a Statement of Off-Cycle Emission compliance with the requirements of Article 14 and Section 9 to Annex VI;

(f) a Statement of OBD in-use Performance compliance with the requirements of Appendix 6 to Annex X;

(h) the initial plan for in-service testing according to point 2.4 of Annex II;

(i) where appropriate, copies of other type-approvals with the relevant data to enable extension of approvals and establishment of deterioration factors;

(j) where appropriate, the documentation packages necessary for the correct installation of the engine type-approved as a separate technical unit.

Article 6

Administrative provisions for EU type-approval of an engine system or engine family as a separate technical unit with regard to emissions