Commission Regulation (EU) 2019/1939 of 7 November 2019 amending Regulation (EU) No 582/2011 as regards Auxiliary Emission Strategies (AES), access to vehicle OBD information and vehicle repair and maintenance information, measurement of emissions during cold engine start periods and use of portable emissions measurement systems (PEMS) to measure particle numbers, with respect to heavy duty vehicles (Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

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 (1), and in particular Articles 4(3), 5(4), 6(2) and 12 thereof.

Whereas:

(1) The rules for declaring and assessing Auxiliary Emission Strategies (AES) were recently changed for light passenger and commercial vehicles by Commission Regulation (EU) 2017/1151 (2). The provisions already established in Commission Regulation (EU) No 582/2011 (3) for heavy duty vehicles should be aligned for the sake of consistency.

(2) In-service conformity testing represents one of the building blocks of the vehicle type-approval procedure and allows the performance of emission control systems to be verified throughout a vehicle’s useful life. Commission Regulation (EU) No 582/2011 requires the tests to be performed by means of a portable emissions measurement system (PEMS), which assesses emissions under normal conditions of use. The PEMS approach is equally used to check off-cycle emissions during type-approval.

(3) The emissions performance of heavy duty vehicles in the period following a cold engine start is currently not assessed as part of the type-approval demonstration test or the in-service conformity test. Following a monitoring exercise when data from type-approval and in-service conformity tests were collected and analysed, it was found that significant amounts of the total NOx emitted were excluded from the analysis as a result of not assessing the cold engine start period. In order to represent real world emissions better, the measurement procedure should therefore be revised to include measurement of pollutant emissions during the cold engine start period.

(4) Particle number measurements using PEMS have been successfully implemented under the emissions type-approval rules for light passenger and commercial vehicles (4). Following a pilot study by the Commission’s Joint Research Centre in which an analysis was performed on the portable particle number equipment for heavy duty vehicles, it is considered appropriate to introduce a similar requirement in the emissions type-approval rules for heavy duty vehicles. The Commission will be obliged under Regulation (EC) No 595/2009 to keep the level of the final conformity factor for particle number emissions under review, taking into account technical progress.

(5) The Commission recognises that vehicles equipped with a spark-ignition engine or a dual-fuel engine fuelled with gas from Compressed Natural Gas (CNG), Liquefied Natural Gas (LNG) or Liquefied Petroleum Gas (LPG) may require technical adaptations to comply with the particle number conformity factor. In order to ensure a sufficient lead time to allow manufacturers of gas engines to modify their products in accordance with the requirements laid down by this Regulation, a transitional period should be permitted for compliance with the maximum allowed conformity factor for vehicles equipped with such engines.

(6) The requirements introduced by this Regulation for in-service conformity testing should not apply retroactively to engines and vehicles which were type-approved before introduction of those requirements. Therefore, the amendments set out in Annexes I, II and III to this Regulation should only apply to the in-service conformity testing of new types of engine or vehicle, in other words to engines or vehicles which are type-approved in accordance with the amendments introduced by this Regulation.

(7) The rules on access to vehicle OBD information and vehicle repair and maintenance information have been incorporated into Regulation (EU) 2018/858 of the European Parliament and of the Council (5), which applies from 1 September 2020. Therefore, the provisions in Regulation (EU) No 582/2011 relating to access to such information should be omitted with effect from that date.

(8) Regulation (EU) No 582/2011 should therefore be amended accordingly.

(9) 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

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

(2) Articles 2a, 2b, 2c, 2d, 2e, 2f, 2g and 2h are deleted;

(10) in Article 16, paragraph 3 is deleted;

(11) in Article 17a, the following paragraphs are added: ‘3.   With effect from 1 January 2021, national authorities shall refuse, on grounds relating to emissions, to grant EU type-approval or national type-approval in respect of new types of vehicle or engine which do not comply with the requirements of this Regulation as amended by Commission Regulation (EU) 2019/1939(*4). By way of derogation from the first subparagraph, new types of positive-ignition engines, type 1A dual-fuel engines and type 1B dual-fuel engines (in dual-fuel mode), and vehicles equipped with such engines, shall comply with the maximum allowed conformity factor for PM number according to point 6.3 of Annex II with effect from 1 January 2023. However, as from 1 January 2021, the particle number work window conformity factor and CO2 mass window conformity factor shall be stated in the PEMS demonstration test results on the type-approval certificate for monitoring purposes.

By way of derogation from the first subparagraph, with effect from 1 January 2024, national authorities shall, in the case of new vehicles equipped with positive-ignition engines, type 1A dual-fuel engines and type 1B dual-fuel engines (in dual-fuel mode) which do not comply with the maximum allowed conformity factor for PM number according to point 6.3 of Annex II and the requirements of this Regulation as amended by Regulation (EU) 2019/1939, consider certificates of conformity issued in respect of those vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858 and shall, on grounds relating to emissions, prohibit the registration, making available on the market and entry into service of such vehicles. However, as from 1 January 2022, the particle number work window conformity factor and CO2 mass window conformity factor shall be stated in the PEMS demonstration test results on the type-approval certificate for monitoring purposes. With effect from 1 January 2022 and except in the case of replacement engines for in-service vehicles, national authorities shall on grounds relating to emissions prohibit the making available on the market and entry into service of new engines which do not comply with the requirements of this Regulation as amended by Regulation (EU) 2019/1939. By way of derogation from the third subparagraph, with effect from 1 January 2024, and except in the case of replacement engines for in-service vehicles, national authorities shall, on grounds relating to emissions, prohibit the making available on the market and entry into service of new positive-ignition engines, new type 1A dual-fuel engines and new type 1B dual-fuel engines (in dual-fuel mode) which do not comply with the requirements of this Regulation as amended by Regulation (EU) 2019/1939. (*4)  Commission Regulation (EU) 2019/1939 of 7 November 2019 amending Regulation (EU) No 582/2011 as regards Auxiliary Emission Strategies (AES), access to vehicle OBD information and vehicle repair and maintenance information, measurement of emissions during cold engine start periods and use of portable emissions measurement systems (PEMS) to measure particle numbers, with respect to heavy duty vehicles (OJ L 303, 25.11.2019, p. 1)’;"

(12) Annex I is amended in accordance to Annex I to this Regulation;

(13) Annex II is amended in accordance to Annex II to this Regulation;

(14) Annex VI is amended in accordance to Annex III to this Regulation;

(17) in Annex XI, in Appendix 1, in the model of the information document, points 2 to 2.3. are deleted;

(18) in Annex XIII, the second paragraph of point 12 is replaced by the following: ‘This Appendix applies when the vehicle manufacturer requests EU type-approval of a vehicle with an approved engine with regard to emissions in accordance with Regulation (EC) No 595/2009 and this Regulation.’;

(19) Annex XVII is deleted.

Article 2

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 2021.

Article 1 (15) shall apply from the date of entry into force.

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

Done at Brussels, 7 November 2019.

For the Commission The President Jean-Claude JUNCKER

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

(2) 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 (OJ L 175, 7.7.2017, 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) Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending 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 (OJ L 199, 28.7.2008, p. 1).

(5) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).