Commission Regulation (EU) No 133/2014 of 31 January 2014 amending, for the purposes of adapting to technical progress as regards emission limits, Directive 2007/46/EC of the European Parliament and of the Council, Regulation (EC) No 595/2009 of the European Parliament and of the Council and Commission Regulation (EU) No 582/2011 Text with EEA relevance

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (1), and in particular Article 39(2), (6) and (7) thereof.

Having regard to Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (2), and in particular Articles 4(3), 5(4) and 6(2), and Article 12 thereof,

Whereas:

(1) Regulation (EC) No 595/2009 establishes emission limits and common technical requirements for the type-approval of motor vehicles and replacement parts with regard to their emissions, laying down rules for in-service conformity, on-board diagnostic (OBD) systems and measurement of fuel consumption.

(2) In order to raise the level of environmental performance of the vehicles, a particulate number limit for positive ignition engines should be introduced.

(3) The legislation on type-approval of motor vehicles and engines with respect to emissions from heavy-duty vehicles (Euro VI) needs to be adapted to technical progress. Therefore, the requirements for type-approval and in-service conformity of engines and vehicles using dual-fuel technologies need to be provided for. Additional matters relating to the type-approval of engines using gaseous fuels should also be addressed.

(4) Commission Regulation (EU) No 582/2011 (3) requires that the on-board diagnostic (OBD) threshold limit (OTL) for carbon monoxide emissions be specified.

(5) In the case of heavy-duty vehicles with a technically permissible maximum laden mass not exceeding 7,5 tons, it is appropriate to allow that OBD systems fitted into those vehicles be partially developed in accordance with the OBD rules applicable to light-duty vehicles, without undermining their level of environmental performance.

(6) Regulation (EU) No 582/2011 refers repeatedly to the regulations of the United Nations Economic Commission for Europe (UNECE), and in particular to UNECE Regulation No 49 (4), regarding the technical requirements to be followed at type-approval and in-service conformity by Member States, manufacturers and technical services. Since a 06 series of amendments of UNECE Regulation No 49 has been adopted by the World Forum for Harmonization of Vehicle Regulations (WP.29), it is necessary to update the references of Euro VI to UNECE Regulation No 49.

(7) Some additional requirements need to be laid down in order to ensure the equivalence between an EC type-approval and the type-approval provided for by UNECE Regulation No 49.

(8) The oil temperature of the engine must be expressed in Kelvin. It is therefore necessary to amend Annex VIII to Directive 2007/46/EC.

(9) Directive 2007/46/EC, Regulation (EC) No 595/2009 and Regulation (EU) No 582/2011 should therefore be amended accordingly.

(10) In order to provide Member States and manufacturers with sufficient lead time for the adaptation of their respective information systems, it is appropriate to delay the application of the amendments related to the certificate of conformity.

(11) 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

Annexes I, III, IV and IX to Directive 2007/46/EC are amended in accordance with Annex I to this Regulation.

Article 2

Annex I to Regulation (EC) No 595/2009 is replaced by the text in Annex II to this Regulation.

Article 3

Regulation (EU) No 582/2011 is amended as follows:

(2) in Article 3, paragraph 1 is replaced by the following: ‘1.   In order to receive an EC type-approval of an engine system or engine family as a separate technical unit, EC type-approval of a vehicle with an approved engine system with regard to emissions and vehicle repair and maintenance information, or an EC type-approval of a vehicle with regard to emissions and vehicle repair and maintenance information, the manufacturer shall, in accordance with the provisions of Annex I, demonstrate that the vehicles or engine systems 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, XIV and XVII. 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.’;

(3) in Article 3, paragraphs 2 to 6 are replaced by the following: ‘2.   In order to receive an EC type-approval of a vehicle with an approved engine system with regard to emissions and vehicle repair and maintenance information, or an EC type-approval of a vehicle with regard to emissions and vehicle repair and maintenance information the manufacturer shall ensure compliance with the installation requirements set out in Section 4 of Annex I and, in the case of dual-fuel vehicles, with the additional installation requirements set out in Section 6 of Annex XVIII.

(8) in Article 16(5), the second subparagraph is replaced by the following: ‘The test conditions shall comply with the requirements set out in Section 6 of Annex 4 to UNECE Regulation No 49.’;

(9) Annexes I, II and IV to XIV are amended in accordance with Annex III to this Regulation;

(10) Annex III is replaced by the text in Annex IV to this Regulation;

(11) Annex XVIII is added, the text of which is set out in Annex V to this Regulation.

Article 4

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 1 January 2014 with the exception of point 4 of Annex I, which shall apply from 1 July 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 January 2014.

For the Commission The President José Manuel BARROSO

(1) OJ L 263, 9.10.2007, p. 1.

(2) OJ L 188, 18.7.2009, p. 1.

(3) 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 (OJ L 167, 25.6.2011, p. 1).

(4) OJ L 171, 24.6.2013, p. 1.