Commission Delegated Regulation (EU) 2016/1824 of 14 July 2016 amending Delegated Regulation (EU) No 3/2014, Delegated Regulation (EU) No 44/2014 and Delegated Regulation (EU) No 134/2014 with regard, respectively, to vehicle functional safety requirements, to vehicle construction and general requirements and to environmental and propulsion unit performance requirements (Text with EEA relevance)

COMMISSION DELEGATED REGULATION (EU) 2016/1824

of 14 July 2016

amending Delegated Regulation (EU) No 3/2014, Delegated Regulation (EU) No 44/2014 and Delegated Regulation (EU) No 134/2014 with regard, respectively, to vehicle functional safety requirements, to vehicle construction and general requirements and to environmental and propulsion unit performance requirements

(Text with EEA relevance)

Article 1

Delegated Regulation (EU) No 3/2014 is amended as follows:

(1)in Article 3(2), ‘Manufacturers’ is replaced by ‘Manufacturers of parts and equipment’;

(2)the Annexes are amended in accordance with Annex I to this Regulation.

Article 2

Delegated Regulation (EU) No 44/2014 is amended as follows:

(1)in Article 3(3), ‘Manufacturers’ is replaced by ‘Manufacturers of parts and equipment’;

(2)the Annexes are amended in accordance with Annex II to this Regulation.

Article 3

Delegated Regulation (EU) No 134/2014 is amended as follows:

(1)Article 2 is amended as follows

(a)in point (16), ‘ehaust’ is replaced by ‘exhaust’;

(b)point (42) is replaced by the following:

‘(42)“maximum thirty minutes speed” of a vehicle means the maximum achievable vehicle speed measured during 30 minutes as a result of the 30 minute power set out in UNECE regulation No 85 (^*1);

(2)in Article 3(4), ‘manufacturer’ is replaced by ‘manufacturer of parts and equipment’;

(3)the Annexes are amended in accordance with Annex III to this Regulation.

Article 4

This Regulation shall enter into force on the first 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.

ANNEX I

Amendments to Delegated Regulation (EU) No 3/2014

The Annexes to Delegated Regulation (EU) No 3/2014 are amended as follows:

(1)Annex I is replaced by the following:

‘ANNEX I

List of UNECE regulations which apply on a compulsory basis

UNECE regulation No	Subject	Series of amendments	OJ reference	Applicability
1	Headlamps for motor vehicles (R2, HS1)	02	OJ L 177, 10.7.2010, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
3	Retro-reflectors	Supplement 12 to the 02 series of amendments	OJ L 323, 6.12.2011, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
6	Direction indicators	Supplement 25 to the 01 series of amendments	OJ L 213, 18.7.2014, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
7	Front and rear position lamps and stop lamps	Supplement 23 to the 02 series of amendments	OJ L 285, 30.9.2014, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
8	Head lamps for motor vehicles (H1, H2, H3, HB3, HB4, H7, H8, H9, H11, HIR1, HIR2)	05	OJ L 177, 10.7.2010, p. 71.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
16	Safety belts, restraint systems and child restraint systems	Supplement 5 to the 06 series of amendments	OJ L 304, 20.11.2015, p. 1.	L2e, L4e, L5e, L6e and L7e
19	Front fog lamps	Supplement 6 to the 04 series of amendments	OJ L 250, 22.8.2014, p. 1.	L3e, L4e, L5e and L7e
20	Headlamps for motor vehicles (H4)	03	OJ L 177, 10.7.2010, p. 170.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
28	Audible warning devices	Supplement 3 to the 00 series of amendments	OJ L 323, 6.12.2011, p. 33.	L3e, L4e and L5e
37	Filament bulbs	Supplement 42 to the 03 series of amendments	OJ L 213, 18.7.2014, p. 36.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
38	Rear fog lamps	Supplement 15 to the 00 series of amendments	OJ L 4, 7.1.2012, p. 20.	L3e, L4e, L5e and L7e
39	Uniform provisions concerning the approval of vehicles with regard to the speedometer equipment including its installation	Supplement 5 to the original version of the Regulation	OJ L 120, 13.5.2010, p. 40.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
43	Safety glazing	Supplement 2 to the 01 series of amendments	OJ L 42, 12.2.2014, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
46	Devices for indirect vision (rear-view mirrors)	Supplement 1 to the 04 series of amendments	OJ L 237, 8.8.2014, p. 24.	L2e, L5e, L6e and L7e
50	Lighting components for vehicles of category L	Supplement 16 to the 00 series of amendments	OJ L 97, 29.3.2014, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
53	Installation of lighting (motorcycle)	Supplement 14 to the 01 series of amendments	OJ L 166, 18.6.2013, p. 55.	L3e
56	Headlamps for mopeds and vehicles treated as such	01	OJ L 89, 25.3.2014, p. 1.	L1e, L2e and L6e
57	Headlamps for motorcycles and vehicles treated as such	02	OJ L 130, 1.5.2014, p. 45.	L3e, L4e, L5e and L7e
60	Identification of controls tell-tales and indicators	Supplement 4 to the 00 series of amendments	OJ L 297, 15.10.2014, p. 23.	L1e and L3e
72	Headlamps for motorcycles and vehicles treated as such (HS1)	01	OJ L 75, 14.3.2014, p. 1.	L3e, L4e, L5e and L7e
74	Installation of lighting (moped)	Supplement 7 to the 00 series of amendments	OJ L 166, 18.6.2013, p. 88.	L1e
75	Tyres	Supplement 13 to the 01 series of amendments	OJ L 84, 30.3.2011, p. 46.	L1e, L2e, L3e, L4e and L5e
78	Braking, including anti-lock and combined brake systems	Corrigendum 2 to the 03 series of amendments	OJ L 24, 30.1.2015, p. 30.	L1e, L2e, L3e, L4e and L5e
81	Rear-view mirrors	Supplement 2 to the 00 series of amendments	OJ L 185, 13.7.2012, p. 1.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
82	Headlamps for mopeds and vehicles treated as such (HS2)	01	OJ L 89, 25.3.2014, p. 92.	L1e, L2e and L6e
87	Daytime running lamps	Supplement 15 to the 00 series of amendments	OJ L 4, 7.1.2012, p. 24.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
90	Replacement brake lining assemblies and drum brake linings	02	OJ L 185, 13.7.2012, p. 24.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
98	Headlamps with gas-discharge light sources	Supplement 4 to the 01 series of amendments	OJ L 176, 14.6.2014, p. 64.	L3e
99	Gas-discharge light sources	Supplement 9 to the 00 series of amendments	OJ L 285, 30.9.2014, p. 35.	L3e
112	Headlamps with asymmetrical beams	Supplement 4 to the 01 series of amendments	OJ L 250, 22.8.2014, p. 67.	L1e, L2e, L3e, L4e, L5e, L6e and L7e
113	Headlamps with symmetrical beams	Supplement 3 to the 01 series of amendments	OJ L 176, 14.6.2014, p. 128.	L1e, L2e, L3e, L4e, L5e, L6e and L7e

Explanatory note: The fact that a component is included in this list does not make its installation mandatory. For certain components, however, mandatory installation requirements are laid down in other annexes to this Regulation.’;

(2)Annex IV is amended as follows:

(a)point 4.1.4. is replaced by the following:

‘4.1.4.If the on-board REESS can be externally charged by the driver, vehicle movement by its own propulsion system shall be impossible as long as the connector of the external electric power supply is physically connected to the vehicle inlet. For vehicles of category L1e with a mass in running order ≤ 35 kg vehicle movement by its own propulsion system shall be inhibited as long as the connector of the battery charger is physically connected to the external electric power supply. Compliance with this requirement shall be demonstrated by using the connector or battery charger specified by the vehicle manufacturer. In case of permanently connected charge cables, the requirement above is deemed to be met when use of the charge cable obviously prevents the use of the vehicle (e.g. cable is always routed over operator controls, rider's saddle, driver's seat, handle bar or steering wheel, or the seat covering the cable storage space needs to remain in open position).’;

(b)point 4.3. is replaced by the following:

‘4.3   Driving backwards

It shall not be possible to activate the vehicle reverse control function in an uncontrolled manner whilst the vehicle is in forward motion, insofar as such activation could cause a sudden and strong deceleration or wheel lock. However, it may be possible for the vehicle reverse control function to be activated in such a way that it may slow down the vehicle gradually.’;

(3)in Annex VII, in Part 1, point 1.1.1. is replaced by the following:

‘1.1.1.All safety glazing fitted to the vehicle shall be type-approved in accordance with UNECE regulation No 43 (^*2).

(4)Annex VIII is amended as follows:

(a)points 1.1.1.1. and 1.1.1.2. are replaced by the following:

‘1.1.1.1.It shall be ensured that no deviations in the shape and orientation of the provided symbols are permitted, notably that any customised appearance of the provided symbols shall be prohibited.

1.1.1.2.Small irregularities concerning line thickness, the marking application and other relevant production tolerances shall be accepted, as provided in paragraph 4 of ISO 2575:2010/Amd1:2011 (design principles).’;

(b)point 2.1.3. is replaced by the following:

‘2.1.3.It shall be ensured that no deviations in the shape and orientation of the provided symbols are permitted, notably that any customised appearance of the provided symbols shall be prohibited.

Small irregularities concerning line thickness, the marking application and other relevant production tolerances shall be accepted, as provided in paragraph 4 of ISO 2575:2010/Amd1:2011 (design principles).’;

(5)Annex IX is amended as follows:

(a)point 1.12 is replaced by the following:

‘1.12Where automatically switched-on headlamp or daytime running lamp activation is linked to the running of an engine, this shall be construed, for vehicles with electric or other alternative propulsion unit systems and vehicles equipped with an automatic stop/start system of the propulsion unit, as being linked to the master control switch having been activated with the vehicle in normal operation mode.’;

(b)point 2.3.11.8. is replaced by the following:

‘2.3.11.8.Other requirements:

—in the absence of prescriptions for reversing lamp lighting devices which can be type-approved for vehicles of category L, the reversing lamp shall be type-approved according to UNECE regulation No 23 (^*3).

(c)point 2.3.15.8. is replaced by the following:

‘2.3.15.8.Other requirements:

—in the absence of prescriptions for side marker lamp lighting devices which can be type-approved for vehicles of category L, the lamps shall be type-approved according to UNECE regulation No 91 (^*4).

(6)Annex XV is amended as follows:

(a)points 1.1. and 1.1.1. are replaced by the following:

‘1.1.Subject to the provisions of points 1.1.1. to 1.1.2., all tyres fitted to vehicles, including any spare tyre, shall be type-approved according to UNECE regulation No 75.

1.1.1.Where a vehicle is designed for conditions of use which are incompatible with the characteristics of tyres type-approved according to UNECE regulation No 75 as applicable in the Union legislation at the time of type-approval testing of the vehicle and it is therefore necessary to fit tyres with different characteristics, the requirements of point 1.1. do not apply, provided that the following conditions are met:

—the tyres are type-approved according to Council Directive 92/23/EEC (⁵), Regulation (EC) No 661/2009 of the European Parliament and of the Council (6) or UNECE regulation No 106; and

—the approval authority and technical service are satisfied that the tyres fitted are suitable for the operating conditions of the vehicle. The nature of this exemption and reasons for acceptance shall be clearly stated in the test report.

(b)point 1.2. is deleted;

(c)point 2.2. is replaced by the following:

‘2.2.The vehicle manufacturer may restrict the category of use of original and replacement tyres that may be installed on the vehicle. In this case, the categories of use of tyres that may be fitted to the vehicle shall be clearly stated in the vehicle's instruction manual.’;

(d)point 2.2.1. is deleted;

(e)point 2.3 is replaced by the following:

‘2.3.The space in which each wheel revolves shall be such as to allow unrestricted movement when using the maximum permissible size of tyres and rim widths, taking into account the minimum and maximum wheel off-sets if applicable, within the minimum and maximum suspension and steering constraints as declared by the vehicle manufacturer. This shall be verified by performing the checks for the largest and the widest tyre in each space, taking into account the applicable rim size and the maximum allowed section width and outer diameter of the tyre, in relation to the tyre size designation as specified in the applicable legislation. The checks shall be performed by rotating a representation of the tyre's permissible overall dimensions in the form of a maximum envelope, not just the actual tyre, in the space for the wheel in question.’;

(f)the following points 2.3.1., 2.3.2. and 2.4 are inserted:

‘2.3.1.All tyres that may be fitted to the vehicle in accordance with point 2.2. shall be taken into account for the determination of the permissible overall dimensions (i.e. the maximum envelope) of the relevant tyre, as applicable in the Union legislation at the time of type-approval testing of the vehicle. For this purpose, either the specifications as provided for in Annex 5 of UNECE Regulation No 75 or the permitted percentages as provided for sizes not included in that Annex shall be taken into account (e.g. overall width of multiservice tyres (MST) + 25 %, normal and snow service tyres + 10 % in case of rim diameter code 13 and above and + 8 % in case of rim diameter codes up to 12 inclusive).

2.3.2.In addition, the permissible dynamic growth of the height of bias and bias/belted construction tyres which are type-approved according to UNECE regulation No 75 depends on the speed category and the category of use of the tyre. To ensure an appropriate selection of bias and bias/belted replacement tyres for the end-user of the vehicle, the vehicle manufacturer shall take into account both the permitted categories of use as well as the speed category that is compatible with the maximum design vehicle speed, for the determination of the permitted tolerance laid down in point 4.1. of Annex 9 to UNECE regulation No 75 (i.e. Hdyn = H × 1,10 up to Hdyn = H × 1,18). More stringent categories may be taken into account at the discretion of the vehicle manufacturer.

2.4.The technical service may agree to an alternative test procedure (e.g. virtual testing) to verify that the requirements of point 2.3. to 2.3.2. are met, provided that the clearance between the tyre's maximum envelope and vehicle structure exceeds 10 mm at all points.’;

(g)point 4.2.2. is replaced by the following:

‘4.2.2.In the case of vehicles normally equipped with ordinary tyres and occasionally fitted with snow tyres, where the speed category symbol of the snow tyre shall correspond to a speed either greater than the maximum design vehicle speed or not less than 130 km/h (or both). However, if the maximum design vehicle speed is greater than the speed corresponding to the lowest speed category symbol of the fitted snow tyres, a maximum speed warning label, specifying the lowest value of the maximum speed capability of the fitted snow tyres or the manufacturer's recommended speed for the vehicle (whichever is lower), shall be displayed inside the vehicle in a prominent position or, if the vehicle does not have an interior, as close as possible to the instrument cluster, readily and permanently visible to the driver.’;

(7)Annex XVI is amended as follows:

(a)point 2.1 is replaced by the following:

‘2.1.All characters on the plate shall be formed by retro-reflective material type-approved as Class D, E or D/E according to UNECE regulation No 104 (^*7).

(b)point 3.3.1. is replaced by the following:

‘3.3.1.The plate shall be perpendicular, ± 5°, to the longitudinal plane of the vehicle.’;

(c)in point 3.6.1, the first indent is replaced by the following:

‘—the two vertical planes touching the two lateral edges of the plate and forming an angle measured outwards to the left and to the right of the plate of 30° in relation to the longitudinal plane, parallel to the longitudinal median plane of the vehicle, passing through the centre of the plate;’;

(d)in point 3.6.2, the first indent is replaced by the following:

‘—the two vertical planes touching the two lateral edges of the plate and forming an angle measured outwards to the left and to the right of the plate of 30° in relation to the longitudinal plane, parallel to the longitudinal median plane of the vehicle, passing through the centre of the plate;’;

(8)Annex XVII is amended as follows:

(a)the following point 1.1.6.3.1. is inserted:

‘1.1.6.3.1.However, in case the level of the instrument panel is located above the level of the horizontal plane coinciding with the R-point of the seating position of the driver, a knee-form testing apparatus shall be used above the upper horizontal boundary of interior zone 2 to assess contactable edges of the instrument panel, as well as any elements mounted directly onto it, located below the level of the instrument panel. The technical service shall clearly indicate in the test report which parts of the interior are deemed to be instrument panel and relevant elements, in agreement with the type-approval authority. The steering control shall be disregarded for the determination of the level of the instrument panel.’;

(b)the following point 2.1.8. is inserted:

‘2.1.8.Contactable edges of type-approved interior rear-view mirrors (Class I) are deemed to comply with the requirements of this Annex.’;

(c)point 2.2.1. is replaced by the following: