Commission Implementing Regulation (EU) 2019/621 of 17 April 2019 on the technical information necessary for roadworthiness testing of the items to be tested, on the use of the recommended test methods, and establishing detailed rules concerning the data format and the procedures for accessing the relevant technical information (Text with EEA relevance.)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (1), and in particular Article 4(3) thereof,

Whereas:

(1) In accordance with Directive 2014/45/EU, in order to facilitate the periodic roadworthiness testing of motor vehicles and their trailers, the Commission should adopt implementing acts defining the set of technical information necessary for the items to be tested and on the use of the recommended test methods.

(2) Annex I to Directive 2014/45/EU sets out the items to be tested as a minimum, the minimum standards to be used and the recommended test methods.

(3) In order to facilitate the periodic roadworthiness testing of motor vehicles and their trailers the Commission should also adopt detailed rules concerning the data format and the procedures for accessing the relevant technical information.

(4) Member States may exclude from the roadworthiness test two- or three-wheel vehicles – vehicle categories L3e, L4e, L5e and L7e with an engine displacement of more than 125 cm3 — if effective alternative road safety measures have been put in place. However, with a view to facilitating the introduction and harmonisation of the roadworthiness testing of such vehicles, a set of information should be also defined for guidance.

(5) The obligations and requirements set out in this Regulation should not affect the obligations and requirements set out in Regulations (EC) No 715/2007 (2) and (EC) No 595/2009 (3) of the European Parliament and of the Council.

(6) Manufacturers should be provided with sufficient time to implement the online solutions needed to make the technical information available to testing centres and to relevant competent authorities.

(7) The measures provided for in this Regulation are adopted in accordance with the opinion of the Committee set up by Article 19(1) of Directive 2014/45/EU,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

(a) the set of technical information on braking equipment, steering, visibility, lamps, reflectors, electrical equipment, axles, wheels, tyres, suspension, chassis, chassis attachments, other equipment and nuisance necessary for roadworthiness testing of the items to be tested and on the use of the recommended test methods, in accordance with point 3 of Annex I of Directive 2014/45/EU; and

(b) detailed rules concerning the data format and the procedures for accessing the relevant technical information.

Article 2

Scope

This Regulation shall apply to vehicles subject to roadworthiness tests pursuant to Article 2(1) of Directive 2014/45/EU, which are first registered or first put into service in a Member State as from 20 May 2018.

Article 3

Definitions

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

(1) ‘manufacturer’ means any natural or legal person as defined in Regulations (EU) No 167/2013 (4) and (EU) No 168/2013 (5) of the European Parliament and of the Council and Directive 2007/46/EC of the European Parliament and of the Council (6);

(2) ‘manufacturer's representative’ means any natural or legal person as defined in Regulations (EU) No 167/2013 and (EU) No 168/2013, and Directive 2007/46/EC;

(3) ‘machine readable’ means directly usable by a computer;

(4) ‘repair and maintenance information’ means the information as defined in Regulations (EU) No 167/2013 and (EU) No 168/2013, and Directive 2007/46/EC;

(5) ‘registration’ means the administrative authorisation for the entry into service in road traffic of a vehicle as defined in Article 2 point (b) of Council Directive 1999/37/EC (7).

Article 4

Vehicle technical information

The technical information necessary for carrying out the roadworthiness test is set out in the Annex to this Regulation.

Article 5

Procedures for accessing the vehicle technical information

Article 6

Data format

(a) to the competent authorities, upon request, as a collection of offline usable machine readable data files, and

(b) to the testing centres and to the competent authorities using an online solution. When using an online solution, the technical information, which has to be provided by the manufacturer at the same time as part of the repair and maintenance information on a website, shall be made available in the same data format. Other vehicle technical information shall be made available in the data format that is used for similar information.

Article 7

Entry into force and application

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 20 May 2020.

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

Done at Brussels, 17 April 2019.

For the Commission The President Jean-Claude JUNCKER

(1) OJ L 127, 29.4.2014, p. 51.

(2) Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).

(3) 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 (OJ L 188, 18.7.2009, p. 1).

(4) Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).

(5) Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).

(6) 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) (OJ L 263, 9.10.2007, p. 1).

(7) Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).