Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council 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, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (Text with EEA relevance)

COMMISSION REGULATION (EU) 2017/1151

of 1 June 2017

supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council 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, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008

(Text with EEA relevance)

Article 1

Subject matter

This Regulation lays down measures for the implementation of Regulation (EC) No 715/2007.

Article 2

Definitions

For the purposes of this Regulation, the definitions in Regulation (EU) 2018/858 ([^E0001]) of the European Parliament and of the Council shall apply.

The following definitions shall also apply:

• (1) ‘vehicle type with regard to emissions’ means a group of vehicles which:
• (a) do not differ with respect to the criteria constituting an ‘interpolation family’ as specified in paragraph 6.3.2 of UN Regulation No 154 ([^E0002]);
• (b) fall in a single ‘CO2 interpolation range’ within the meaning of paragraph 2.3.2 of Annex B6 to UN Regulation No 154 or paragraph 4.5.1. of Annex B8 to UN Regulation 154;
• (c) do not differ with respect to any characteristics that have a non-negligible influence on tailpipe emissions, such as, but not limited to, the following:
• — types and sequence of pollution control devices (e.g. three-way catalyst, oxidation catalyst, lean NOx trap, SCR, lean NOx catalyst, particulate trap or combinations thereof in a single unit);
• — exhaust gas recirculation (with or without, internal/external, cooled/non-cooled, low/high/combined pressure);

• (2) ‘EC type-approval of a vehicle with regard to emissions’ means an EU type-approval of the vehicles with regard to their tailpipe emissions, crankcase emissions, evaporative emissions and fuel consumption;

• (3) ‘odometer’ means an instrument indicating to the driver the total distance driven by the vehicle since its production;

• (4) ‘starting aid’ means glow plugs, modifications to the injection timing and other devices which assist the engine to start without enrichment of the air/fuel mixture of the engine;

• (5) ‘engine capacity’ means either of the following:
• (a) for reciprocating piston engines, the nominal engine swept volume;
• (b) for rotary piston (Wankel) engines, double the nominal engine swept volume;

• (6) ‘periodically regenerating system’ means an exhaust emissions control device (e.g. catalytic converter, particulate trap) that requires a periodic regeneration process;

• (7) ‘original replacement pollution control device’ means a pollution control device or an assembly of pollution control devices whose types are indicated in Appendix 4 to Annex I to this Regulation but are offered on the market as separate technical units by the holder of the vehicle type-approval;

• (8) ‘type of pollution control device’ means catalytic converters and particulate filters which do not differ in any of the following essential aspects:
• (a) number and kind of substrates, structure and material;
• (b) type of activity of each substrate;
• (c) volume, ratio of frontal area and substrate length;
• (d) catalyst material content;
• (e) catalyst material ratio;
• (f) cell density;
• (g) dimensions and shape;
• (h) thermal protection;
• (i) required reagent (if applicable);

• (9) ‘mono fuel vehicle’ means a vehicle that is designed to run primarily on one type of fuel;

• (10) ‘mono fuel gas vehicle’ means a mono-fuel vehicle that is designed primarily for permanent running on LPG or NG/biomethane or hydrogen, but may also have a petrol system for emergency purposes or starting only, where the nominal capacity of the petrol tank does not exceed 15 litres;

• (11) ‘bi-fuel vehicle’ means a vehicle with two separate fuel storage systems that is designed to run primarily on only one fuel at a time most of the time;

• (12) ‘bi-fuel gas vehicle’ means a bi-fuel vehicle where the two fuels are petrol (petrol mode) and either LPG, NG/biomethane, or hydrogen;

• (13) ‘flex fuel vehicle’ means a vehicle with one fuel storage system that can run on different mixtures of two or more fuels;

• (14) ‘flex fuel ethanol vehicle’ means a flex fuel vehicle that can run on petrol or a mixture of petrol and ethanol up to an 85 per cent ethanol blend (E85);

• (15) ‘flex fuel biodiesel vehicle’ means a flex fuel vehicle that can run on mineral diesel or a mixture of mineral diesel and biodiesel;

• (16) ‘hybrid electric vehicle’ (HEV) means a hybrid vehicle where one of the propulsion energy converters is an electric machine;

• (17) ‘properly maintained and used’ means, for the purpose of a test vehicle, that such a vehicle satisfies the criteria for acceptance of a selected vehicle laid down in Appendix 1 of Annex II;

• (18) ‘emission control system’ means, in the context of the OBD system, the electronic engine management controller and any emission-related component in the exhaust or evaporative system which supplies an input to or receives an output from this controller;

• (19) ‘malfunction indicator’ (MI) means a visible or audible indicator that clearly informs the driver of the vehicle in the event of a malfunction of any emission-related component connected to the OBD system, or of the OBD system itself;

• (20) ‘malfunction’ means the failure of an emission-related component or system that would result in emissions exceeding the thresholds in Table 4A of paragraph 6.8.2 of UN Regulation No 154 or if the OBD system is unable to fulfil the basic monitoring requirements set out in Annex C5 to UN Regulation No 154;

• (21) ‘secondary air’ means the air introduced into the exhaust system by means of a pump or aspirator valve or other means that is intended to aid in the oxidation of HC and CO contained in the exhaust gas stream;

• (22) ‘driving cycle’ means, in respect of vehicle OBD systems, the key-on, a driving mode where a malfunction would be detected if present, and key-off;

• (23a) ‘third party’ means a third party complying with the requirements of Commission Implementing Regulation (EU) 2022/163 ([^E0003]);

• (24) ‘deficiency’ means, in the context of the OBD system, that up to two separate components or systems which are monitored contain temporary or permanent operating characteristics that impair the otherwise efficient OBD monitoring of those components or systems or do not meet all of the other detailed requirements for OBD;

• (25) ‘deteriorated replacement pollution control device’ means a pollution control device as defined in Article 3(11) of Regulation (EC) No 715/2007 that has been aged or artificially deteriorated to such an extent that it fulfils the requirements laid out in paragraph 1 of Appendix 1 of Annex C4 to UN Regulation No 154;

• (26) ‘vehicle OBD information’ means information relating to an on-board diagnostic system for any electronic system on the vehicle;

• (27) ‘reagent’ means any product other than fuel that is stored on-board the vehicle and is provided to the exhaust after-treatment system upon request of the emission control system;

• (28) ‘mass in running order’ means the mass of the vehicle, with its fuel tank(s) filled to at least 90 per cent of its or their capacity/capacities, including the mass of the driver, fuel and liquids, fitted with the standard equipment in accordance with the manufacturer's specifications and, when they are fitted, the mass of the bodywork, the cabin, the coupling and the spare wheel(s) as well as the tools;

• (29) ‘engine misfire’ means lack of combustion in the cylinder of a positive ignition engine due to absence of spark, poor fuel metering, poor compression or any other cause;

• (30) ‘cold start system or device’ means a system which temporarily enriches the air/fuel mixture of the engine thus assisting the engine to start;

• (31) ‘power take-off operation or unit’ means an engine-driven output provision for the purposes of powering auxiliary, vehicle mounted, equipment;

• (32) ‘small volume manufacturer’ means a manufacturer whose worldwide annual production is less than 10 000 units for the year prior to the one for which the type approval is granted and:
• (a) is not part of a group of connected manufacturers; or
• (b) is part of a group of connected manufacturers whose worldwide annual production is less than 10 000 units for the year prior to the one for which the type approval is granted; or
• (c) is part of a group of connected manufacturers but operates its own production facilities and own design centre;

• (32a) ‘own production facility’ means a manufacturing or assembly plant used by the manufacturer for the purpose of manufacturing or assembling new vehicles for that manufacturer, including, where relevant, vehicles which are intended for export;

• (32b) ‘own design centre’ means a facility in which the whole vehicle is designed and developed, and which is under the control and use of the manufacturer;

• (32c) ‘ultra-small-volume manufacturers’ means a small volume manufacturer as defined in point (32) which has registrations of less than 1 000 in the Community for the year prior to the one the type approval is granted;

• (33) ‘pure ICE vehicle’ means a vehicle where all of the propulsion energy converters are internal combustion engines;

• (34) ‘Pure electric vehicle’ (PEV) means a vehicle equipped with a powertrain containing exclusively electric machines as propulsion energy converters and exclusively rechargeable electric energy storage systems as propulsion energy storage systems;

• (35) ‘Fuel cell’ means an energy converter transforming chemical energy (input) into electrical energy (output) or vice versa;

• (36) ‘Fuel cell vehicle’ (FCV) means a vehicle equipped with a powertrain containing exclusively fuel cell(s) and electric machine(s) as propulsion energy converter(s);

• (37) ‘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, tested in accordance with Annex XX (Measurements of net power and the maximum 30 minutes power of electric drive train), and determined under reference atmospheric conditions;

• (38) ‘rated engine power’ (Prated) means the maximum net power of the engine or motor in kW measured in accordance with the requirements of Annex XX;

• (39) ‘maximum 30 minutes power’ means the maximum net power of an electric drive train at DC voltage as set out in paragraph 5.3.2. of UN/ECE Regulation No 85 ([^E0004]);

• (40) ‘cold start’ means, in the context of the in use performance ratio of OBD monitors, an engine coolant temperature or equivalent temperature at engine start less than or equal to 35 °C and less than or equal to 7 °C higher than ambient temperature, if available;

• (41) ‘Real driving emissions (RDE)’ means the emissions of a vehicle under its normal conditions of use;

• (42) ‘Portable emissions measurement system’ (PEMS) means a portable emissions measurement system meeting the requirements specified in Appendix 1 to Annex IIIA;

• (43) ‘Base Emission Strategy’, (‘BES’) means an emission strategy that is active throughout the speed and load operating range of the vehicle unless an Auxiliary Emission Strategy is activated;

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

• (45) ‘Fuel tank system’ means the devices which allow storing the fuel, comprising the fuel tank, the fuel filler, the filler cap and the fuel pump when it is fitted in or on the fuel tank;

• (46) ‘permeability factor’ (PF) means the factor determined on the basis of hydrocarbon losses over a period of time and used to determine the final evaporative emissions;

• (47) ‘monolayer non-metal tank’ means a fuel tank constructed with a single layer of non-metal material including fluorinated/sulfonated materials;

• (48) ‘multilayer tank’ means a fuel tank constructed with at least two different layered materials, one of which is a hydrocarbon barrier material;

• (49) ‘inertia category’ means a category of test masses of the vehicle corresponding to an equivalent inertia as laid down in Table A4a/3 of Annex 4a to UN/ECE Regulation No 83 when the test mass is set equal to the reference mass.

Article 3

Requirements for type-approval

In all references to UN Regulation No 154, only the European Union related requirements characterised by level 1A shall apply. References in UN Regulation No 154 to ‘criteria emissions’ shall be understood as references to ‘pollutant emissions’ in this Regulation.

The emissions tests for roadworthiness purposes set out in Annex IV and the tests for fuel consumption and CO2 emissions set out in Annex XXI shall be required to obtain EC type-approval with regard to emissions under this paragraph.

The approval authority shall inform the Commission of the circumstances of each type approval granted under this paragraph.

These measures shall include ensuring that the security of hoses, joints and connections, used within the emission control systems, are constructed so as to conform with the original design intent.

Bi-fuel gas vehicles shall be tested with petrol and either LPG or NG/biomethane. The tests on LPG or NG/biomethane shall be performed for variation in the composition of LPG or NG/biomethane, as set out in Annex B6 to UN Regulation No 154 for pollutant emissions, and with the fuel used for the measurement of the net power in accordance with Annex XX of this Regulation.

At high engine idling speed, the carbon monoxide content by volume of the exhaust gases shall not exceed 0,2 %, 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, the manufacturer shall provide the approval authority with information on the operating strategy of the exhaust gas recirculation system (EGR), including its functioning at low temperatures.

This information shall also include a description of any effects on emissions.

At the request of the Commission, the approval authority shall provide information on the performance of NOx after-treatment devices and EGR system at low temperatures.

Type approval in accordance with Regulation (EC) No 715/2007 may only be issued if the vehicle is part of a validated PEMS test family in accordance with point 3.3 of Annex IIIA.

The requirements of Annex IIIA shall not apply to emission type-approvals according to Regulation (EC) No 715/2007 granted to ultra-small-volume manufacturers.

Article 4

Requirements for type-approval regarding the OBD system

The OBD system malfunction indicator may also activate during this test at levels of emissions below the OBD thresholds specified in Table 4A of paragraph 6.8.2 of UN Regulation No 154.

Article 4a

Requirements for type-approval regarding devices for monitoring the consumption of fuel and/or electric energy

The manufacturer shall ensure that the following vehicles of categories M1, N1 and N2 are equipped with a device for determining, storing and making available data on the quantity of fuel and/or electric energy used for the operation of the vehicle:

• (1) pure ICE and Not-Off-Vehicle Charging Hybrid Electric vehicles (NOVC-HEVs) powered exclusively by mineral diesel, biodiesel, petrol, ethanol or any combination of these fuels;

• (2) Off-Vehicle Charging Hybrid Electric Vehicles (OVC-HEVs) powered by electricity and any of the fuels mentioned in point 1.

The device for monitoring the consumption of fuel and/or electric energy shall comply with the requirements laid down in Annex XXII.

Article 5

Application for EC type-approval of a vehicle with regard to emissions

• (a) in the case of vehicles equipped with 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 OBD thresholds laid out in Table 4A of paragraph 6.8.2 of UN Regulation No 154 if that percentage had been present from the start of a type 1 test as chosen for the demonstration in accordance with Annex C5 to UN Regulation No 154 or could lead to an exhaust catalyst, or catalysts, overheating prior to causing irreversible damage;

• (b) detailed written information fully describing the functional operation characteristics of the OBD system, including a listing of all relevant parts of the emission control system of the vehicle that are monitored by the OBD system;

• (c) a description of the malfunction indicator used by the OBD system to signal the presence of a fault to a driver of the vehicle;

• (d) a declaration by the manufacturer that the OBD system complies with the provisions of section 1 of Appendix 1 to Annex XI relating to in-use performance under all reasonably foreseeable driving conditions;

• (e) a plan describing the detailed technical criteria and justification for incrementing the numerator and denominator of each monitor that must fulfil the requirements of paragraphs 7.2 and 7.3. of Appendix 1 to Annex C5 of UN Regulation No 154, as well as for disabling numerators, denominators and the general denominator under the conditions outlined in paragraph 7.7 of Appendix 1 to Annex C5 of UN Regulation No 154;

• (f) a description of the provisions taken to prevent tampering with and modification of the emission control systems, including the emission control computer and odometer including the recording of mileage values for the purposes of the requirements of Annexes XI and XVI;

• (g) if applicable, the particulars of the vehicle family as referred to in paragraph 6.8.1. of UN Regulation No 154;

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

For the purposes of paragraph 3, points (d) and (e), approval authorities shall not approve a vehicle if the information submitted by the manufacturer is inappropriate for fulfilling the requirements of section 1 of Appendix 1 to Annex XI.

Paragraphs 7.2, 7.3 and 7.7 of Appendix 1 to Annex C5 of UN Regulation No 154 shall apply under all reasonably foreseeable driving conditions.

For the assessment of the implementation of the requirements set out in these paragraphs, the approval authorities shall take into account the state of technology.

For vehicles approved under the character EB and EC as defined in Table 1, Appendix 6 to Annex I, the manufacturer shall introduce an indicator (AES Flag or Timer) to indicate when a vehicle runs in AES mode instead of BES mode. The indicator shall be available via the serial port of a standard diagnostic connector upon request of a generic scan-tool. The AES that is running shall be identifiable via the formal documentation package.

The extended 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.

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 relevant documentation shall be provided to the type 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 extended documentation package, as described in point (b) of Appendix 3a to Annex I, provided by the manufacturer. The approval authority shall make the assessment in accordance with the methodology described in Appendix 3b of Annex I. 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 to the approval authority proof that no new technologies have become accessible in the market that would change the preliminary assessment of the AES.

The approval authority may test the functioning of AES.

A list of AES which were deemed non-acceptable by type approval authorities shall be compiled yearly by the Forum for Exchange of Information on Enforcement and made available to the public by the Commission at the latest by end of March of the following year, in case there were AES which were deemed non-acceptable.

The manufacturer shall also provide to the approval authorities a formal documentation package, as in Appendix 3a to Annex I, containing information on AES/BES that would allow an independent tester to identify if the emissions measured can be attributed to an AES or BES strategy or are potentially due to a defeat device. The formal documentation package shall be made available to all type approval authorities, technical services, market surveillance authorities, third parties and the Commission upon request.

Vehicles of category M1 or N1 shall be approved with emission characters EA, EB or EC as specified in Table 1, Appendix 6 to Annex I, taking into account the utility factors determined in accordance with the values specified in Table A8.App5/1 of point 3.2. of Annex XXI.

Once the electronic platform for ISC is ready, the manufacturer shall also upload all required data into the platform for all its vehicles. The information in the transparency lists shall be limited to the prescribed information required by Appendix 5 of Annex II.

Article 6

Administrative provisions for EC type-approval of a vehicle with regard to emissions

Without prejudice to the provisions of Annex IV to Regulation (EU) 2020/683, Section 3 of the type-approval number shall be drawn up in accordance with Appendix 6 to Annex I.

An approval authority shall not assign the same number to another vehicle type.

The approval authority shall notify the decision to grant such a type approval to all approval authorities in the other Member States in accordance with the requirements set out in Article 27 of Regulation (EU) 2018/858.

Article 7

Amendments to type-approvals

Articles 27, 33 and 34 of Regulation 2018/858 shall apply to any amendments to the type-approvals granted in accordance to Regulation (EC) No 715/2007.

At the manufacturer's request the provisions specified in Section 3 of Annex I shall apply without the need for additional testing only to vehicles of the same type.

Article 8

Conformity of production

The provisions laid down in Section 4 of Annex I to this Regulation and the relevant statistical method in Appendix 2 of UN Regulation No 154 shall apply.

Article 9

In-service conformity

The requirements for in-service conformity checks are applicable until 5 years after the last Certificate of Conformity or individual approval certificate is issued for vehicles of that in-service conformity family.

Following that notification and subject to the provisions of Article 54(5) of Regulation (EU) 2018/858, the granting approval authority shall inform the manufacturer that an in-service conformity family fails the in-service conformity checks and that the procedures laid out in points 6 and 7 of Annex II shall be followed.

If the granting approval authority establishes that no agreement can be reached with a type approval authority that has established that an in-service conformity family fails the in-service conformity check, the procedure pursuant to Article 54(5) of Regulation (EU) 2018/858 shall be initiated.

• (a) vehicles submitted to multi-stage type-approval, as defined in Article 3(8) of Regulation EU 2018/858, shall be checked for in-service conformity in accordance with the provisions for multistage approval set out in point 5.10.6 of Annex II to this Regulation;

• (b) hearses as specified in Appendix 1 of Part III of Annex II to Regulation EU 2018/858, armoured vehicles as defined in Appendix 2 of Part III of Annex II to Regulation EU 2018/858 and wheelchair accessible vehicles as defined in Appendix 3 of Part III of Annex II to Regulation EU 2018/858 shall not be subject to the provisions of this Article. All other special purpose vehicles as defined in Appendix 4 of Part III of Annex II to Regulation EU 2018/858, shall be checked for in- service conformity in accordance with the rules for multistage type-approvals set out in Annex II to this Regulation.

Article 10

Pollution control devices

Catalytic converters and particulate filters shall be considered to be pollution control devices for the purposes of this Regulation.

The relevant requirements shall be deemed to be met if the replacement pollution control devices have been approved according to UN/ECE Regulation No 103 ([^E0007]).

• (a) the vehicle or engine manufacturer's name or trade mark;

• (b) the make and identifying part number of the original pollution control device as recorded in the information referred to in point 3.2.12.2 of Appendix 3 to Annex I.

Article 11

Application for EC type-approval of a type of replacement pollution control device as a separate technical unit

The application shall be drawn up in accordance with the model of the information document set out in Appendix 1 to Annex XIII.

• (a) a vehicle or vehicles of a type approved in accordance with this Regulation equipped with a new original equipment pollution control device;

• (b) one sample of the type of the replacement pollution control device;

• (c) an additional sample of the type of the replacement pollution control device, in the case of a replacement pollution control device intended to be fitted to a vehicle equipped with an OBD system.

The test vehicles shall comply with the requirements set out in Section 2.3 of Annex B6 to UN Regulation No 154.

The test vehicles shall respect all of the following requirements:

• (a) they shall have no emission control system defects;

• (b) any excessively worn out or malfunctioning emission-related original part shall be repaired or replaced;

• (c) they shall be tuned properly and set to manufacturer's specification prior to emission testing.

Article 12

Administrative provisions for EC type-approval of replacement pollution control device as separate technical unit

The approval authority shall not assign the same number to another replacement pollution control device type.

The same type-approval number may cover the use of that replacement pollution control device type on a number of different vehicle types.

Article 15

Transitional provisions

With effect from 1 September 2019, national authorities shall refuse, on grounds relating to emissions or fuel consumption, to grant EC type approval or national type approval, in respect to new vehicle types which do not comply with Annex VI. At the request of the manufacturer, until 31 August 2019 the evaporative emissions test procedure set out in Annex 7 to UNECE Regulation 83 or the evaporative emissions test procedure set out in in Annex VI of Regulation (EC) No 692/2008 may still be used for the purposes of type-approval under this Regulation.

For new vehicles registered before 1 September 2019 the evaporative emissions test procedure laid down in Annex 7 to UN/ECE Regulation 83 may, at the request of the manufacturer, be applied instead of the procedure laid down in Annex VI to this Regulation for the purposes of determining the evaporative emissions of the vehicle.

With the exception of vehicles approved for evaporative emissions under the procedure laid down in Annex VI of Regulation (EC) No 692/2008, with effect from 1 September 2019, national authorities shall prohibit the registration, sale or entry into service of new vehicles that do not comply with Annex VI of this Regulation.

• (a) the requirements of point 2.1 of Annex IIIA with the exception of the requirements for the number of particles (PN) shall not apply;

• (b) the requirements of Annex IIIA other than that in point 2.1, including the requirements with regard to RDE tests to be performed and data to be recorded and made available, shall apply only to new type approvals granted in accordance with Regulation (EC) No 715/2007 from 27 July 2017;

• (c) the requirements of Annex IIIA shall not apply to type approvals granted to small volume manufacturers.

Where a vehicle was type-approved in accordance with the requirements of Regulation (EC) No 715/2007 and its implementing legislation prior to 1 September 2017 in the case of category M and category N1 class I vehicles, or prior to 1 September 2018 in the case of category N1 class II and III and category N2 vehicles, it shall not be considered as belonging to a new type for the purpose of the first subparagraph. The same shall apply also where new types are created out of the original type exclusively due to the application of the new type definition in Article 2(1) of this Regulation. In these cases, the application of this subparagraph shall be mentioned in Section II. 5 Remarks of the EC-type-approval certificate, set out in Appendix 4 of Annex I to Regulation (EU) 2017/1151, including a reference to the previous type-approval.

• (a) type 1/I tests performed in accordance with Annex III to Regulation (EC) No 692/2008 until 3 years after the dates specified in Article 10(4) of Regulation (EC) No 715/2007 shall be recognised by the approval authority for the purposes of producing deteriorated or defective components to simulate failures for assessing the requirements of Annex XI to this Regulation;

• (b) with respect to vehicles of a WLTP interpolation family which fulfil the extension rules specified in point 3.1.4 of Annex I of Regulation (EC) No 692/2008, procedures performed in accordance with Section 3.13 of Annex III to Regulation (EC) No 692/2008 until 3 years after the dates given in Article 10(4) of Regulation (EC) No 715/2007 shall be accepted by the approval authority for the purposes of fulfilling the requirements of Appendix 1 to Sub-Annex 6 to Annex XXI of this Regulation;

• (c) durability demonstrations where the first type 1/I test was performed and completed in accordance with Annex VII to Regulation (EC) No 692/2008 until 3 years after the dates specified in Article 10(4) of Regulation (EC) No 715/2007 shall be recognised by the approval authorities as equivalent for the purposes of fulfilling the requirements of Annex VII to this Regulation. For the purposes of this point, the possibility to use test results from procedures performed and completed in accordance with Regulation (EC) No 692/2008 shall only be applicable to those vehicles of a WLTP interpolation family which fulfil the extension rules specified in point 3.3.1 of Annex I of Regulation (EC) No 692/2008.

With effect from 1 January 2021, in the case vehicles as referred to in Article 4a of categories M1 and N1, class I, and from 1 January 2022 in the case of vehicles as referred to in Article 4a of category N1 vehicles, classes II and III, national authorities shall prohibit the registration, sale or entry into service of new vehicles that do not comply with that Article.

For all vehicles registered between 1 January and 31 August 2019 under new type approvals granted in the same period and where the information listed in Annex IX of the Directive 2007/46/EC as amended by Regulation (EU) 2018/1832 is not yet included in the Certificate of Conformity, the manufacturer shall make this information available free-of-charge within 5 working days of the request by an accredited lab or technical service for the purposes of testing under Annex II.

Article 16

Amendments to Directive 2007/46/EC

Directive 2007/46/EC is amended in accordance with Annex XVIII to this Regulation.

Article 17

Amendments to Regulation (EC) No 692/2008

Regulation (EC) No 692/2008 is amended as follows:

• (1) In Article 6, paragraph 1, shall be replaced by the following text: ‘1. If all the relevant requirements are met, the approval authority shall grant an EC type-approval and issue a type-approval number in accordance with the numbering system set out in Annex VII to Directive 2007/46/EC. Without prejudice to the provisions of Annex VII to Directive 2007/46/EC, Section 3 of the type-approval number shall be drawn up in accordance with Appendix 6 to Annex I to this Regulation. An approval authority shall not assign the same number to another vehicle type. The requirements of Regulation (EC) No 715/2007 shall be deemed to be met if all the following conditions are fulfilled:
• (a) the requirements of Article 3(10) of this Regulation are met;
• (b) the requirements of Article 13 of this Regulation are met;
• (c) the vehicle has been approved according to UN/ECE Regulations No 83, series of amendments 07; No 85 and its supplements, No 101, Revision 3 (comprising series of amendments 01 and their supplements) and in the case of compression ignition vehicles No 24 Part III, series of amendments 03.
• (d) the requirements of Article 5(11) and (12) are met.’

• (2) the following Article 16a is added: ‘Article 16a Transitional provisions With effect from 1 September 2017 in the case of categories M1, M2 and category N1 class I vehicles, and from 1 September 2018 in the case of N1 vehicles of class II and III and category N2 vehicles, this Regulation shall only apply for the purposes of assessing the following requirements of vehicles type-approved in accordance with this Regulation before those dates:
• (a) conformity of production in accordance with Article 8;
• (b) in-service conformity in accordance with Article 9;
• (c) access to vehicle OBD and vehicle repair and maintenance information in accordance with Article 13; This Regulation shall also apply for the purposes of the correlation procedure set out in Commission Implementing Regulations (EU) 2017/1152 ([^E0010]) and (EU) 2017/1153 ([^E0011]).

• (3) Annex I is amended in accordance with Annex XVII to this Regulation.

Article 18

Amendments to Commission Regulation (EU) No 1230/2012 ([^E0012])

In Regulation (EU) No 1230/2012, Article 2(5) is replaced by the following:

• ‘(5) “Mass of the optional equipment” means the maximum mass of the combinations of optional equipment which may be fitted to the vehicle in addition to the standard equipment in accordance with the manufacturer's specifications;’

Article 19

Repeal

Regulation (EC) No 692/2008 is repealed as from 1 January 2022.

Article 20

Entry into force and application

This Regulation shall enter into force on the twentieth day following 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.

LIST OF ANNEXES

ANNEX I	Administrative provisions for EC type-approval
Appendix 1	—
Appendix 2	—
Appendix 3	Model information document
Appendix 3a	Documentation Packages
Appendix 3b	Methodology for the assessment of AES
Appendix 4	Model of EC type-approval certificate
Appendix 5	—
Appendix 6	EC type-approval certificate numbering system
Appendix 7	Manufacturer's certificate of compliance with OBD in-use performance requirements
Appendix 8a	Test Reports
Appendix 8b	Road Load Test Report
Appendix 8c	Template for Test Sheet
Appendix 8d	Evaporative emissions test report
ANNEX II	In-service conformity methodology
Appendix 1	Criteria for vehicle selection and failed vehicles decision
Appendix 2	Rules for performing Type 4 tests during in-service conformity
Appendix 3	ISC Inspection Report
Appendix 4	Annual ISC Report by the granting type approval authority
Appendix 5	Transparency list
ANNEX IIIA	Verifying Real Driving Emissions (RDE)
Appendix 1	Reserved
Appendix 2	Reserved
Appendix 3	Reserved
Appendix 4	Test procedure for vehicle emissions testing with a portable emissions measurement system (PEMS)
Appendix 5	Specifications and calibration of PEMS components and signals
Appendix 6	Validation of PEMS and non-traceable exhaust mass flow rate
Appendix 7	Determination of instantaneous emissions
Appendix 8	Assessment of overall trip validity using the moving averaging window method
Appendix 9	Assessment of excess or absence of trip dynamics
Appendix 10	Procedure to determine the cumulative positive elevation gain of a PEMS trip
Appendix 11	Calculation of the final RDE emission results
Appendix 12	Manufacturer's RDE certificate of compliance
ANNEX IV	Emissions data required at type-approval for roadworthiness purposes
Appendix 1	Measuring carbon monoxide emissions at engine idling speeds (Type 2 test)
Appendix 2	Measurement of smoke opacity
ANNEX V	Verifying emissions of crankcase gases (Type 3 test)
ANNEX VI	Determination of evaporative emissions (Type 4 test)
ANNEX VII	Verifying the durability of pollution control devices (Type 5 test)
ANNEX VIII	Verifying the average exhaust emissions at low ambient temperatures (Type 6 test)
ANNEX IX	Specifications of reference fuels
ANNEX X	—
ANNEX XI	On-board diagnostics (OBD) for motor vehicles
Appendix 1	In-use performance
ANNEX XII	Type-approval of vehicles fitted with eco-innovations and Determination of co2 emissions and fuel consumption from vehicles submitted to multi-stage type-approval or individual vehicle approval
ANNEX XIII	EC Type-approval of replacement pollution control devices as separate technical unit
Appendix 1	Model information document
Appendix 2	Model EC type-approval certificate
Appendix 3	Model EC type-approval mark
Annex XIV	—
ANNEX XV	—
ANNEX XVI	Requirements for vehicles that use a reagent for the exhaust after-treatment system
ANNEX XVII	Amendments to Regulation (EC) No 692/2008
ANNEX XVIII	Amendments to Directive 2007/46/EC
ANNEX XIX	Amendments to Regulation (EU) No 1230/2012
ANNEX XX	Measurement of net power and the maximum 30 minutes power of electric drive trains
ANNEX XXI	Type 1 emissions test procedures
ANNEX XXII	Devices for monitoring on board the vehicle the consumption of fuel and/or electric energy

ANNEX I

ADMINISTRATIVE PROVISIONS FOR EC TYPE-APPROVAL

1. ADDITIONAL REQUIREMENTS FOR GRANTING OF EC TYPE-APPROVAL

1.1.   Additional requirements for mono fuel gas vehicles, and bi-fuel gas vehicles.

• 1.1.1.

The additional requirements for granting of type-approval for mono fuel gas vehicles, and bi-fuel gas vehicles shall be those set out in paragraph 5.9. of UN Regulation No 154. The reference to the information document in paragraph 5.9.1. of UN Regulation No 154 shall be understood as being reference to Appendix 3 of Annex I of this Regulation.

1.2.   Additional requirements for flex fuel vehicles

The additional requirements for granting of type-approval for flex fuel vehicles shall be those set out in paragraph 5.8. of UN Regulation No 154.

2. ADDITIONAL TECHNICAL REQUIREMENTS AND TESTS

2.1.   Small volume manufacturers

• 2.1.1.List of legislative acts referred to in Article 3(3):

Legislative Act	Requirements
The California Code of Regulations, Title 13, Sections 1961(a) and 1961(b)(1)(C)(1) applicable to 2001 and later model year vehicles, 1968.1, 1968.2, 1968.5, 1976 and 1975, published by Barclay’s Publishing	Type-approval must be granted under the California Code of Regulations applicable to the most recent model year of light-duty vehicle.

2.2.   Inlets to fuel tanks

• 2.2.1.The requirements for inlets to fuel tanks shall be those specified in paragraphs 6.1.5. and 6.1.6. of UN Regulation 154.

2.3.   Provisions for electronic system security

• 2.3.1.The requirements for electronic system security of paragraph 6.1.7. of UN Regulation 154 shall be complied with. The effective application of these strategies in protecting the emission control systems may be tested during type approval and/or market surveillance.

• 2.3.2Manufacturers shall effectively deter reprogramming of the odometer readings, in the board network, in any powertrain controller as well as in the transmitting unit for remote data exchange if applicable. Manufacturers shall include systematic tamper-protection strategies and write-protect features to protect the integrity of the odometer reading. Methods giving an adequate level of tamper protection shall be approved by the approval authority. The effective application of these strategies in protecting the odometer may be tested during type approval and/or market surveillance.

2.4.   Application of tests

• 2.4.1.Figure I.2.4 illustrates the application of the tests for type-approval of a vehicle. The specific test procedures are described in Annexes II, IIIA, IV, V, VI, VII, VIII, XI, XVI, XX, XXI and XXII.

Figure I.2.4

Application of test requirements for type-approval and extensions

Vehicle category	Vehicles with positive ignition engines including hybrids [^E0013] [^E0014]	Vehicles with positive ignition engines including hybrids [^E0013] [^E0014]	Vehicles with positive ignition engines including hybrids [^E0013] [^E0014]	Vehicles with positive ignition engines including hybrids [^E0013] [^E0014]	Vehicles with positive ignition engines including hybrids [^E0013] [^E0014]	Vehicles with positive ignition engines including hybrids [^E0013] [^E0014]	Vehicles with positive ignition engines including hybrids [^E0013] [^E0014]	Vehicles with positive ignition engines including hybrids [^E0013] [^E0014]	Vehicles with compression ignition engines including hybrids	Vehicles with compression ignition engines including hybrids	Pure electric vehicles	Hydrogen fuel cell vehicles
	Mono fuel	Mono fuel	Mono fuel	Mono fuel	Bi-fuel [^E0015]	Bi-fuel [^E0015]	Bi-fuel [^E0015]	Flex-fuel [^E0015]	Mono fuel	Mono fuel
Reference fuel	Petrol	LPG	NG/Biomethane	Hydrogen (ICE)	Petrol	Petrol	Petrol	Petrol	Diesel	Petrol	—	Hydrogen (Fuel Cell)
Reference fuel	Petrol	LPG	NG/Biomethane	Hydrogen (ICE)	LPG	NG/Biomethane	Hydrogen (ICE) [^E0016]	Ethanol (E85)	Diesel	Petrol	—	Hydrogen (Fuel Cell)
Type 1 test [^E0019]	Yes	Yes [^E0017]	Yes [^E0017]	Yes [^E0016]	Yes (both fuels)	Yes (both fuels)	Yes (both fuels)	Yes (both fuels)	Yes	Yes	—	—
ATCT (14 °C test)	Yes	Yes	Yes	Yes [^E0016]	Yes (both fuels)	Yes (both fuels)	Yes (both fuels)	Yes (both fuels)	Yes	Yes	—	—
Gaseous pollutants, RDE (Type 1A test)	Yes	Yes	Yes	Yes [^E0016]	Yes (both fuels)	Yes (both fuels)	Yes (both fuels)	Yes (both fuels)	Yes	Yes	—	—
PN, RDE (Type 1A test)	Yes	—	—	—	Yes (petrol only)	Yes (petrol only)	Yes (petrol only)	Yes (both fuels)	Yes	Yes	—	—
Idle emissions (Type 2 test)	Yes	Yes	Yes	—	Yes (both fuels)	Yes (both fuels)	Yes (petrol only)	Yes (both fuels)	—	—	—	—
Crankcase emissions (Type 3 test)	Yes	Yes	Yes	—	Yes (petrol only)	Yes (petrol only)	Yes (petrol only)	Yes (petrol only)	—	—	—	—
Evaporative emissions (Type 4 test)	Yes	—	—	—	Yes (petrol only)	Yes (petrol only)	Yes (petrol only)	Yes (petrol only)	—	Yes	—	—
Durability (Type 5 test)	Yes	Yes	Yes	Yes	Yes (petrol only)	Yes (petrol only)	Yes (petrol only)	Yes (petrol only)	Yes	Yes	—	—
Low temperature emissions (Type 6 test)	Yes	—	—	—	Yes (petrol only)	Yes (petrol only)	Yes (petrol only)	Yes (both fuels)	—	—	—	—
In-service conformity	Yes	Yes	Yes	Yes	Yes (as at type approval)	Yes (as at type approval)	Yes (as at type approval)	Yes (as at type approval)	Yes	Yes	—	—
OBD	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	—	—
CO2 emissions, fuel consumption, electric energy consumption and electric range	Yes	Yes	Yes	Yes	Yes (both fuels)	Yes (both fuels)	Yes (both fuels)	Yes (both fuels)	Yes	Yes	Yes	Yes
Smoke opacity	—	—	—	—	—	—	—	—	Yes [^E0020]	—	—	—
Engine power	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes
OBFCM	Yes	—	—	—	—	—	—	Yes (both fuels)	Yes	Yes	—	—

Specific test procedures for hydrogen vehicles and flex fuel biodiesel vehicles will be defined at a later stage.

Particulate mass and particle number limits and respective measurement procedures shall apply only to vehicles with direct injection engines.

When a bi-fuel vehicle is combined with a flex fuel vehicle, both test requirements are applicable.

Only NOx emissions shall be determined when the vehicle is running on hydrogen.

Particulate mass and particle number limits and respective measurement procedures shall not apply.

The particle number RDE test only applies to vehicles for which Euro 6 PN emission limits are defined in Table 2 of Annex I to Regulation (EC) No 715/2007.

For applicability of measured components to fuels and vehicle technology and therefore measurement procedures, see the emission limits as defined in Table 2 of Annex I to Regulation (EC) No 715/2007.

An actual test may not be necessary, see UN Regulation No 24 for details.

3. EXTENSIONS TO TYPE-APPROVALS

3.1.   Extensions for tailpipe emissions (type 1 and type 2 tests and OBFCM)

• 3.1.1.The type-approval shall be extended to vehicles if they conform to the requirements of paragraph 7.4. of UN Regulation No 154. The pollutant emissions shall respect the limits set out in Table 2 of Annex I to Regulation (EC) No 715/2007.

3.2.   Extensions for evaporative emissions (type 4 test)

• 3.2.1.For tests performed in accordance with Annex 6 to UN/ECE Regulation No 83 [1 day NEDC] or the Annex to Regulation (EC) No 2017/1221 [2 days NEDC] the type-approval shall be extended to vehicles equipped with a control system for evaporative emissions which meet the following conditions:

• 3.2.1.1.The basic principle of fuel/air metering is the same.

• 3.2.1.2.The shape of the fuel tank is identical and the material of the fuel tank and liquid fuel hoses are technically equivalent.

• 3.2.1.3.The worst-case vehicle with regard to the cross-section and approximate hose length shall be tested. Whether non-identical vapour/liquid separators are acceptable is decided by the technical service responsible for the type-approval tests.

• 3.2.1.4.The fuel tank volume is within a range of ± 10 %.

• 3.2.1.5.The setting of the fuel tank relief valve is identical.

• 3.2.1.6.The method of storage of the fuel vapour is identical, i.e. trap form and volume, storage medium, air cleaner (if used for evaporative emission control), etc.

• 3.2.1.7.The method of purging of the stored vapour is identical (e.g. air flow, start point or purge volume over the preconditioning cycle).

• 3.2.1.8.The method of sealing and venting of the fuel metering system is identical.

• 3.2.2.For tests performed in accordance with Annex VI [2 days WLTP] the type-approval shall be extended to vehicles belonging to an approved evaporative emission family as defined in paragraph 6.6.3 of UN Regulation 154.

3.3.   Extensions for durability of pollution control devices (type 5 test)

• 3.3.1.The deterioration factors shall be extended to different vehicles and vehicle types, provided that the requirements of paragraph 7.6. of UN Regulation No 154 are complied with.

3.4.   Extensions for on-board diagnostics

• 3.4.1.The type-approval shall be extended to vehicles belonging to an approved OBD family as defined in paragraph 6.8.1 of UN Regulation No 154.

3.5   Extensions for low temperature test (type 6 test)

3.5.1.   Vehicles with different reference masses

• 3.5.1.1.The type-approval shall be extended only to vehicles with a reference mass requiring the use of the next two higher equivalent inertia or any lower equivalent inertia.

• 3.5.1.2.For category N vehicles, the approval shall be extended only to vehicles with a lower reference mass, if the emissions of the vehicle already approved are within the limits prescribed for the vehicle for which extension of the approval is requested.

3.5.2.   Vehicles with different overall transmission ratios

• 3.5.2.1.The type-approval shall be extended to vehicles with different transmission ratios only under certain conditions.

• 3.5.2.2.To determine whether type-approval can be extended, for each of the transmission ratios used in the type 6 test, the proportion,

Image omitted; see official source

• shall be determined where, at an engine speed of 1 000 min^–1, V1 is the speed of the vehicle-type approved and V2 is the speed of the vehicle type for which extension of the approval is requested.

• 3.5.2.3.If, for each transmission ratio, E ≤ 8 %, the extension shall be granted without repeating the type 6 test.

• 3.5.2.4.If, for at least one transmission ratio, E > 8 %, and if, for each gear ratio, E ≤ 13 %, the type 6 test shall be repeated. The tests may be performed in a laboratory chosen by the manufacturer subject to the approval of the technical service. The report of the tests shall be sent to the technical service responsible for the type-approval tests.

3.5.3.   Vehicles with different reference masses and transmission ratios

The type-approval shall be extended to vehicles with different reference masses and transmission ratios, provided that all the conditions prescribed in paragraphs 3.5.1 and 3.5.2 are fulfilled.

4. CONFORMITY OF PRODUCTION

4.1.   Introduction

• 4.1.1.Every vehicle produced under a Type Approval according to this Regulation shall be so manufactured as to conform to the type approval requirements of this Regulation. The Manufacturer shall implement adequate arrangements and documented control plans and carry-out at specified intervals as given in this regulation the necessary emission, OBFCM and OBD tests to verify continued conformity with the approved type. The approval authority shall verify and agree with these arrangements and control plans of the manufacturer and perform audits and conduct emission, OBFCM and OBD tests at specific intervals, as given in this regulation, at the premises of the manufacturer, including production and test facilities as part of the product conformity and continued verification arrangements as described in Annex IV of Regulation (EU) 2018/858.

• 4.1.2.The manufacturer shall check the conformity of production by testing the emissions of pollutants (given in Table 2 of Annex I to Regulation (EC) No 715/2007), the emission of CO2 (along with the measurement of electric energy consumption and, where applicable, the monitoring of the OBFCM device accuracy), the crankcase emissions, evaporative emissions and the OBD in accordance with the test procedures described in Annexes V, VI, XI, XXI and XXII. The verification shall therefore include the tests of types 1, 3, 4, the tests for OBFCM and OBD, as described in section 2.4.

• The type approval authority shall keep record for a period of at least 5 years of all the documentation related to the conformity of production test results and shall make it available to the Commission upon request.

• The specific procedures for conformity of production are set out in paragraphs 8 and 9 and Appendixes 1 to 4 of UN Regulation No 154, with the following exception:

• Table 8/1 in paragraph 8.1.2. of UN Regulation No 154 shall be replaced with:

Table 8/1

Type 1 Applicable Type-1 CoP requirements for the different types of vehicle