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Document 32011R0566
Commission Regulation (EU) No 566/2011 of 8 June 2011 amending Regulation (EC) No 715/2007 of the European Parliament and of the Council and Commission Regulation (EC) No 692/2008 as regards access to vehicle repair and maintenance information Text with EEA relevance
Commission Regulation (EU) No 566/2011 of 8 June 2011 amending Regulation (EC) No 715/2007 of the European Parliament and of the Council and Commission Regulation (EC) No 692/2008 as regards access to vehicle repair and maintenance information Text with EEA relevance
Commission Regulation (EU) No 566/2011 of 8 June 2011 amending Regulation (EC) No 715/2007 of the European Parliament and of the Council and Commission Regulation (EC) No 692/2008 as regards access to vehicle repair and maintenance information Text with EEA relevance
OJ L 158, 16.6.2011, p. 1–24
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
In force
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 32007R0715 | Replacement | article 07 2 | 19/06/2011 | |
Modifies | 32007R0715 | abolition | annex I 1.1 | 19/06/2011 | |
Modifies | 32007R0715 | abolition | annex I 1.2 | 19/06/2011 | |
Modifies | 32007R0715 | abolition | annex I 2.5 | 19/06/2011 | |
Modifies | 32007R0715 | Replacement | article 06 2 | 19/06/2011 | |
Modifies | 32007R0715 | Addition | article 06 8 | 19/06/2011 | |
Modifies | 32007R0715 | abolition | annex I 2.2 | 19/06/2011 | |
Modifies | 32007R0715 | abolition | annex I 2.1 | 19/06/2011 | |
Modifies | 32008R0692 | Amendment | annex VIII | 19/06/2011 | |
Modifies | 32008R0692 | Amendment | annex I | 19/06/2011 | |
Modifies | 32008R0692 | Addition | article 6 P1L5 | 19/06/2011 | |
Modifies | 32008R0692 | Amendment | annex IX | 19/06/2011 | |
Modifies | 32008R0692 | Amendment | annex XIV | 19/06/2011 | |
Modifies | 32008R0692 | Replacement | annex II | 19/06/2011 | |
Modifies | 32008R0692 | Addition | article 10 P1L4 | 19/06/2011 | |
Modifies | 32008R0692 | Addition | article 10 P1L3 | 19/06/2011 | |
Modifies | 32008R0692 | Addition | article 6 P1L4 | 19/06/2011 | |
Modifies | 32008R0692 | Amendment | annex IV | 19/06/2011 | |
Modifies | 32008R0692 | Amendment | annex XVIII | 19/06/2011 | |
Modifies | 32008R0692 | Amendment | annex XI | 19/06/2011 | |
Modifies | 32008R0692 | Amendment | annex XVI | 19/06/2011 | |
Modifies | 32008R0692 | Addition | article 2 33 | 19/06/2011 | |
Modifies | 32008R0692 | Amendment | annex III | 19/06/2011 | |
Modifies | 32008R0692 | Amendment | annex XII | 19/06/2011 | |
Modifies | 32008R0692 | Replacement | article 13 9 | 19/06/2011 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Corrected by | 32011R0566R(01) | (EL) | |||
Implicitly repealed by | 32017R1151 | Partial repeal | article 2 | 01/01/2022 | |
Implicitly repealed by | 32024R1257 | Partial repeal | article 1 | 01/07/2030 |
16.6.2011 |
EN |
Official Journal of the European Union |
L 158/1 |
COMMISSION REGULATION (EU) No 566/2011
of 8 June 2011
amending Regulation (EC) No 715/2007 of the European Parliament and of the Council and Commission Regulation (EC) No 692/2008 as regards access to vehicle repair and maintenance information
(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 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 (1), and in particular Articles 4(4), 5(3) and 8 thereof,
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) (2), in particular Article 39(2) thereof,
Whereas:
(1) |
Regulation (EC) No 715/2007 establishes common technical requirements for the type approval of motor vehicles (vehicles) and replacement parts with regard to their emissions and lays down rules for in-service conformity, durability of pollution control devices, on-board diagnostic (OBD) systems, measurement of fuel consumption and accessibility of vehicle repair and maintenance information. |
(2) |
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 (3) requires the Commission to introduce the new test procedure for particle mass and numbers emitted by light duty vehicles. |
(3) |
Council Directive 76/756/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers (4) requires the use of daytime running lamps for safety reasons. The effect of those devices, which are switched on permanently during the operation of vehicles, should be appropriately reflected in the measured pollutant and carbon dioxide (CO2) emissions. |
(4) |
The risk of tampering with and total failures of diesel particle filters (DPFs) necessitates the monitoring of DPFs, regardless of the exceedance of the applicable OBD threshold limit. |
(5) |
Due to its permanent nature, the monitoring of electric circuits should be exempt from the reporting resulting from the in-use-performance-ratio requirements on the OBD system. |
(6) |
The limited frequency of driving situations during which monitors of the boost control system or monitors requiring a cold start can be operated requires special performance requirements for these monitors. |
(7) |
The statistical conditions under which compliance with in-use-performance-ratio requirements is assessed by default should be harmonised. |
(8) |
If tampering of the Selective Catalytic Reduction (SCR) system is identified by direct monitoring of nitrogen oxides (NOx) emissions, the conditions under which its driver inducement system is activated should be better defined. |
(9) |
The recording of activation of the driver inducement system should be clarified with regard to possible future use of this information during roadworthiness inspections. |
(10) |
The protection of the emission control computer against tampering should be open for technical improvements due to innovation. |
(11) |
Recording and reporting of data are essential parts of a mandatory OBD monitor and should not be waived by alleged deficiencies, in particular not in a systematic manner where the manufacturer opts for certain standards for on/off board communication. |
(12) |
In order to ensure effective competition on the market for vehicle repair and maintenance information services, and in order to clarify that the information concerned also covers information which needs to be provided to independent operators other than repairers, so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly, further clarifications with regard to the details of the information to be provided under Regulation (EC) No 715/2007 are necessary. |
(13) |
Considering the proportionality principle, while vehicle manufacturers should not be forced to collect data on modifications of individual vehicles from third parties exclusively for the purposes of Regulation (EC) No 715/2007 and its implementing acts, in order to ensure a competitive repair and maintenance market, independent operators should receive updates to vehicle component data to the extent the updates are available to authorised dealers and repairers. |
(14) |
Work units are important technical repair and maintenance information for independent operators. Clarifying that work units are covered by Article 6 of Regulation (EC) No 715/2007 is expected to provide commercial certainty to the market players. |
(15) |
Where vehicle manufacturers provide that repair and maintenance records are no longer kept in physical format — which vehicle owners can also make accessible to independent repairers for the latter to introduce a statement of the repair and maintenance work carried out — in the vehicle, but kept in the vehicle manufacturers’ central data base, these records must, with the consent of the vehicle owners, also be accessible by the independent repairer in order to allow them to continue to produce such complete record of the repair and maintenance work carried out and to enable vehicle owners to have a single document proving all such works. |
(16) |
More flexibility should be given for the re-programming of vehicle control units and the data exchange between vehicle manufacturers and independent operators in order to allow for innovations and to save costs. |
(17) |
It should be ensured that vehicles approved in accordance with the relevant Regulation from the United Nations Economic Commission for Europe (UN/ECE) equivalent to the emissions-related requirements of Regulation (EC) No 715/2007 and Regulation (EC) No 692/2008 and fulfilling the requirements of those Regulations on access to information are approved in accordance with Regulation (EC) No 715/2007 without administrative burdens. |
(18) |
Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, whereupon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN’s work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well defined meta-data to accommodate existing IT infrastructures. |
(19) |
Regulations (EC) No 715/2007 and (EC) No 692/2008 should therefore be amended accordingly. |
(20) |
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 (EC) No 715/2007 is amended as follows:
(1) |
Article 6 is amended as follows:
|
(2) |
in Article 7, paragraph 2 is replaced by the following: ‘2. Manufacturers shall make available vehicle repair and maintenance information including transactional services such as reprogramming or technical assistance on an hourly, daily, monthly, and yearly basis, with fees for access to such information varying in accordance with the respective periods of time for which access is granted. In addition to time-based access, manufacturers may offer transaction-based access, for which fees are charged per transaction and not based on the time for which access is granted. Where both access systems are offered by manufacturers, independent repairers shall choose a preferred access system, either time-based or transaction-based.’; |
(3) |
in Annex I, notes 1 and 2 of Table 1 and notes 1, 2 and 5 of Table 2 are deleted. |
Article 2
Regulation (EC) No 692/2008 is amended as follows:
(1) |
in Article 2, the following point 33 is added:
|
(2) |
in Article 6(1), the following fourth and fifth subparagraphs are added: ‘The relevant requirements shall be deemed to be met if all the following conditions are fulfilled:
In the case referred to in the fourth subparagraph Article 14 shall also apply.’; |
(3) |
in Article 10(1), the following third and fourth subparagraphs are added: ‘The relevant requirements shall be deemed to be met if all the following conditions are fulfilled:
In the case referred to in the third subparagraph Article 14 shall also apply.’; |
(4) |
Article 13(9) is replaced by the following: ‘9. The Forum on Access to Vehicle Information (the Forum) is hereby established. The Forum shall consider whether access to information affects the advances made in reducing vehicle theft and shall make recommendations for improving the requirements relating to access to information. In particular, the Forum shall advise the Commission on the introduction of a process for approving and authorising independent operators by accredited organisations to access information on vehicle security. The Commission may decide to keep the discussions and findings of the Forum confidential.’; |
(5) |
Annexes I, III, IV, VIII, IX, XI, XII, XIV, XVI and XVIII are amended in accordance with Annex I to this Regulation; |
(6) |
Annex II is replaced by the text set out in Annex II to this Regulation. |
Article 3
This Regulation shall enter into force on the third 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.
Done at Brussels, 8 June 2011.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 171, 29.6.2007, p. 1.
(2) OJ L 263, 9.10.2007, p. 1.
ANNEX I
Amendments to certain Annexes to Regulation (EC) No 692/2008
(1) |
Annex I is amended as follows:
|
(2) |
Annex III is amended as follows:
|
(3) |
in Annex IV, point 2.2 of Appendix 1 is replaced by the following:
|
(4) |
in Annex VIII, point 2.3 is replaced by the following:
|
(5) |
at the end of Annex IX, Section B, the text ‘Reference fuel specification to be developed in advance of the dates set out in Article 10(6) of Regulation (EC) No 715/2007’ shall be replaced by the following table:
|
(6) |
Annex XI is amended as follows:
|
(7) |
Annex XII is amended as follows:
|
(8) |
Annex XIV is amended as follows:
|
(9) |
Annex XVI is amended as follows:
|
(10) |
in Annex XVIII, point 3.4.8 is replaced by the following:
|
(*1) OJ L 257, 25.9.2008, p. 14.
(*2) OJ L 135, 23.5.2008, p. 1.’;’
(1) Where a bi fuel vehicle is combined with a flex fuel vehicle, both test requirements are applicable.
(2) This provision is temporary, further requirements for biodiesel and hydrogen shall be proposed later on.
(3) Test on petrol only before the dates set out in Article 10(6) of Regulation (EC) No 715/2007. The test will be performed on both fuels after these dates. The E75 test reference fuel specified in Annex IX Section B shall be used.’;
(4) The values referred to in the specifications are “true values”. When establishing the value limits, the terms of ISO 4259 Petroleum products — Determination and application of precision data in relation to methods of test were applied. When fixing a minimum value, a minimum difference of 2R above zero was taken into account. When fixing a maximum and minimum value, the minimum difference used was 4R (R = reproducibility). Notwithstanding this procedure, which is necessary for technical reasons, fuel manufacturers shall aim for a zero value where the stipulated maximum value is 2R and for the mean value for quotations of maximum and minimum limits. Where it is necessary to clarify whether fuel meets the requirements of the specifications, the ISO 4259 terms shall be applied.
(5) In cases of dispute, the procedures for resolving the dispute and interpretation of the results based on test method precision, described in EN ISO 4259 shall be used.
(6) In cases of national dispute concerning sulphur content, either EN ISO 20846 or EN ISO 20884 shall be called up similar to the reference in the national annex of EN 228.
(7) The actual sulphur content of the fuel used for the Type 6 test shall be reported.
(8) The unleaded petrol content may be determined as 100 minus the sum of the percentage content of water and alcohols.
(9) There shall be no intentional addition of compounds containing phosphorus, iron, manganese, or lead to this reference fuel.
(10) Ethanol to meet specification of EN 15376 is the only oxygenate that shall be intentionally added to this reference fuel.’
ANNEX II
‘ANNEX II
IN-SERVICE CONFORMITY
1. INTRODUCTION
1.1. This Annex sets out the tailpipe emissions and OBD (inclusive IUPRM) in-service conformity requirements for vehicles type approved to this Regulation.
2. AUDIT OF IN-SERVICE CONFORMITY
2.1. The audit of in-service conformity by the approval authority shall be conducted on the basis of any relevant information that the manufacturer has, under the same procedures as those for the conformity of production defined in Article 12(1) and (2) of Directive 2007/46/EC and in points 1 and 2 of Annex X to that Directive. Information from approval authority and Member State surveillance testing may complement the in-service monitoring reports supplied by the manufacturer.
2.2. The figure referred to in point 9 of Appendix 2 to this Annex and Figure 4/2 of Appendix 4 to UN/ECE Regulation No 83 (for tailpipe emissions only) illustrates the procedure for in-service conformity checking. The process for in-service conformity is described in Appendix 3 to this Annex.
2.3. As part of the information provided for the in-service conformity control, at the request of the approval authority, the manufacturer shall report to the type-approval authority on warranty claims, warranty repair works and OBD faults recorded at servicing, according to a format agreed at type-approval. The information shall detail the frequency and substance of faults for emissions-related components and systems. The reports shall be filed at least once a year for each vehicle model for the duration of the period defined in Article 9(4) of this Regulation.
2.4. Parameters defining the tailpipe emissions in-service family
The in-service family may be defined by basic design parameters which shall be common to vehicles within the family. Accordingly, vehicle types may be considered as belonging to the same in-service family if they have in common, or within the stated tolerances, the following parameters:
2.4.1. |
combustion process (two stroke, four stroke, rotary); |
2.4.2. |
number of cylinders; |
2.4.3. |
configuration of the cylinder block (in-line, V, radial, horizontally opposed, other. The inclination or orientation of the cylinders is not a criteria); |
2.4.4. |
method of engine fuelling (e.g. indirect or direct injection); |
2.4.5. |
type of cooling system (air, water, oil); |
2.4.6. |
method of aspiration (naturally aspirated, pressure charged); |
2.4.7. |
fuel for which the engine is designed (petrol, diesel, NG, LPG, etc.). Bi fuelled vehicles may be grouped with dedicated fuel vehicles providing one of the fuels is common; |
2.4.8. |
type of catalytic converter (three-way catalyst, lean NOx trap, SCR, lean NOx catalyst or other(s)); |
2.4.9. |
type of particulate trap (with or without); |
2.4.10. |
exhaust gas recirculation (with or without, cooled or non-cooled); and |
2.4.11. |
engine cylinder capacity of the largest engine within the family minus 30 %. |
2.5. Information requirements
An audit of in-service conformity will be conducted by the approval authority on the basis of information supplied by the manufacturer. Such information shall include in particular, the following:
2.5.1. |
the name and address of the manufacturer; |
2.5.2. |
the name, address, telephone and fax numbers and e-mail address of his authorised representative within the areas covered by the manufacturer’s information; |
2.5.3. |
the model name(s) of the vehicles included in the manufacturer’s information; |
2.5.4. |
where appropriate, the list of vehicle types covered within the manufacturer’s information, i.e. for tailpipe emissions, the in-service family group in accordance with point 2.4, and for OBD and IUPRM, the OBD family in accordance with Appendix 2 to Annex XI; |
2.5.5. |
the vehicle identification number (VIN) codes applicable to these vehicle types within the family (VIN prefix); |
2.5.6. |
the numbers of the type-approvals applicable to these vehicle types within the family, including, where applicable, the numbers of all extensions and field fixes/recalls (re-works); |
2.5.7. |
details of extensions, field fixes/recalls to those type-approvals for the vehicles covered within the manufacturer’s information (if requested by the approval authority); |
2.5.8. |
the period of time over which the manufacturer’s information was collected; |
2.5.9. |
the vehicle build period covered within the manufacturer’s information (e.g. vehicles manufactured during the 2007 calendar year); |
2.5.10. |
the manufacturer’s in-service conformity checking procedure, including:
|
2.5.11. |
the results from the manufacturer’s in-service conformity procedure, including:
|
2.5.12. |
records of indication from the OBD system; |
2.5.13. |
for IUPRM sampling, the following:
|
3. SELECTION OF VEHICLES FOR IN-SERVICE CONFORMITY
3.1. The information gathered by the manufacturer shall be sufficiently comprehensive to ensure that in-service performance can be assessed for normal conditions of use. The manufacturer’s sampling shall be drawn from at least two Member States with substantially different vehicle operating conditions (unless only sold in one Member State). Factors such as differences in fuels, ambient conditions, average road speeds, and urban/highway driving split shall be taken into consideration in the selection of the Member States.
For OBD IUPRM testing only vehicles fulfilling the criteria of point 2.2.1 of Appendix 1 shall be included in the test sample.
3.2. In selecting the Member States for sampling vehicles, the manufacturer may select vehicles from a Member State that is considered to be particularly representative. In this case, the manufacturer shall demonstrate to the approval authority which granted the type approval that the selection is representative (e.g. by the market having the largest annual sales of a vehicle family within the Union). When a family requires more than one sample lot to be tested as defined in point 3.5, the vehicles in the second and third sample lots shall reflect different vehicle operating conditions from those selected for the first sample.
3.3. The emissions testing may be done at a test facility which is located in a different market or region from where the vehicles have been selected.
3.4. The in-service tailpipe emissions conformity tests by the manufacturer shall be continuously carried out reflecting the production cycle of applicable vehicles types within a given in-service vehicle family. The maximum time period between commencing two in-service conformity checks shall not exceed 18 months. In the case of vehicle types covered by an extension to the type-approval that did not require an emissions test, this period may be extended up to 24 months.
3.5. Sample size
3.5.1. |
When applying the statistical procedure defined in Appendix 2 (i.e. for tailpipe emissions), the number of sample lots shall depend on the annual sales volume of an in-service family in the Union, as defined in the following table:
|
3.5.2. |
For IUPR, the number of sample lots to be taken is described in the table in point 3.5.1 and is based on the number of vehicles of an OBD family that are approved with IUPR (subject to sampling).
For the first sampling period of an OBD family, all of the vehicle types in the family that are approved with IUPR shall be considered to be subject to sampling. For subsequent sampling periods, only vehicle types which have not been previously tested or are covered by emissions approvals that have been extended since the previous sampling period shall be considered to be subject to sampling. For families consisting of fewer than 5 000 EU registrations that are subject to sampling within the sampling period the minimum number of vehicles in a sample lot is six. For all other families, the minimum number of vehicles in a sample lot to be sampled is fifteen. Each sample lot shall adequately represent the sales pattern, i.e. at least high volume vehicle types (≥ 20 % of the family total) shall be represented. |
4. On the basis of the audit referred to in Section 2 the approval authority shall adopt one of the following decisions and actions:
(a) |
decide that the in-service conformity of a vehicle type, vehicle in-service family or vehicle OBD family is satisfactory and not take any further action; |
(b) |
decide that the data provided by the manufacturer is insufficient to reach a decision and request additional information or test data from the manufacturer; |
(c) |
decide that based on data from the approval authority or Member State surveillance testing programmes, that information provided by the manufacturer is insufficient to reach a decision and request additional information or test data from the manufacturer; |
(d) |
decide that the in-service conformity of a vehicle type, that is part of an in-service family, or of an OBD family, is unsatisfactory and proceed to have such vehicle type or OBD family tested in accordance with Appendix 1. |
If according to the IUPRM audit the test criteria of point 6.1.2 point (a) or (b) of Appendix 1 are met for the vehicles in a sample lot, the type-approval authority must take the further action described in point (d) of this point.
4.1. Where type 1 tests are considered necessary to check the conformity of emission control devices with the requirements for their performance while in service, such tests shall be carried out using a test procedure meeting the statistical criteria defined in Appendix 2.
4.2. The approval authority, in cooperation with the manufacturer, shall select a sample of vehicles with sufficient mileage whose use under normal conditions can be reasonably assured. The manufacturer shall be consulted on the choice of the vehicles in the sample and allowed to attend the confirmatory checks of the vehicles.
4.3. The manufacturer shall be authorised, under the supervision of the approval authority, to carry out checks, even of a destructive nature, on those vehicles with emission levels in excess of the limit values with a view to establishing possible causes of deterioration which cannot be attributed to the manufacturer (e.g. use of leaded petrol before the test date). Where the results of the checks confirm such causes, those test results shall be excluded from the conformity check.
‘Appendix 1
In-service conformity check
1. INTRODUCTION
1.1. |
This Appendix sets out the criteria referred to in Section 4 regarding the selection of vehicles for testing and the procedures for the in-service conformity control. |
2. SELECTION CRITERIA
The criteria for acceptance of a selected vehicle are defined for tailpipe emissions in points 2.1 to 2.8 and for IUPRM in Sections 2.1 to 2.5.
2.1. |
The vehicle shall belong to a vehicle type that is type-approved under this Regulation and covered by a certificate of conformity in accordance with Directive 2007/46/EC. For checking of IUPRM, the vehicle shall be approved to the OBD standards Euro 5+, Euro 6- plus IUPR or later. It shall be registered and have been used in the Union. |
2.2. |
The vehicle shall have been in service for at least 15 000 km or 6 months, whichever the later, and for no more than 100 000 km or 5 years, whichever the sooner. |
2.2.1. |
For checking IUPRM, the test sample shall include only vehicles that:
|
2.3. |
There shall be a maintenance record to show that the vehicle has been properly maintained (e.g. has been serviced in accordance with the manufacturer’s recommendations). |
2.4. |
The vehicle shall exhibit no indications of abuse (e. g. racing, overloading, mis-fuelling, or other misuse), or other factors (e. g. tampering) that could affect emission performance. The fault code and mileage information stored in the computer shall be taken into account. A vehicle shall not be selected for testing if the information stored in the computer shows that the vehicle has operated after a fault code was stored and a relatively prompt repair was not carried out. |
2.5. |
There shall have been no unauthorised major repair to the engine or major repair of the vehicle. |
2.6. |
The lead content and sulphur content of a fuel sample from the vehicle tank shall meet the applicable standards laid down in Directive 98/70/EC of the European Parliament and of the Council (1) and there shall be no evidence of mis-fuelling. Checks may be done in the tailpipe. |
2.7. |
There shall be no indication of any problem that might jeopardise the safety of laboratory personnel. |
2.8. |
All anti-pollution system components on the vehicle shall be in conformity with the applicable type-approval. |
3. DIAGNOSIS AND MAINTENANCE
Diagnosis and any normal maintenance necessary shall be performed on vehicles accepted for testing, prior to measuring exhaust emissions, in accordance with the procedure laid down in points 3.1 to 3.7.
3.1. |
The following checks shall be carried out: checks on air filter, all drive belts, all fluid levels, radiator cap, all vacuum hoses and electrical wiring related to the antipollution system for integrity; checks on ignition, fuel metering and pollution control device components for maladjustments and/or tampering. All discrepancies shall be recorded. |
3.2. |
The OBD system shall be checked for proper functioning. Any malfunction indications in the OBD memory shall be recorded and the requisite repairs shall be carried out. If the OBD malfunction indicator registers a malfunction during a preconditioning cycle, the fault may be identified and repaired. The test may be rerun and the results of that repaired vehicle used. |
3.3. |
The ignition system shall be checked and defective components replaced, for example spark plugs, cables, etc. |
3.4. |
The compression shall be checked. If the result is unsatisfactory the vehicle shall be rejected. |
3.5. |
The engine parameters shall be checked to the manufacturer’s specifications and adjusted if necessary. |
3.6. |
If the vehicle is within 800 km of a scheduled maintenance service, that service shall be performed according to the manufacturer’s instructions. Regardless of odometer reading, the oil and air filter may be changed at the request of the manufacturer. |
3.7. |
Upon acceptance of the vehicle, the fuel shall be replaced with appropriate emission test reference fuel, unless the manufacturer accepts the use of market fuel. |
4. IN-SERVICE TESTING
4.1. |
When a check on vehicles is deemed necessary, emission tests in accordance with Annex III are performed on pre-conditioned vehicles selected in accordance with the requirements of Sections 2 and 3 of this Appendix. This test shall only include the measurement of particle number emissions for vehicles approved to the Euro 6 emission standards in categories W, X and Y as defined in Table 1 of Appendix 6 to Annex I. Pre-conditioning cycles additional to those specified in points 5.3 of Annex 4 to UN/ECE Regulation No 83 will only be allowed if they are representative of normal driving. |
4.2. |
Vehicles equipped with an OBD system may be checked for proper in-service functionality, of the malfunction indication, etc., in relation to levels of emissions (e.g. the malfunction indication limits defined in Annex XI) for the type-approved specifications. |
4.3. |
The OBD system may be checked, for example, for levels of emissions above the applicable limit values with no malfunction indication, systematic erroneous activation of the malfunction indication and identified faulty or deteriorated components in the OBD system. |
4.4. |
If a component or system operates in a manner not covered by the particulars in the type-approval certificate and/or information package for such vehicle types and such deviation has not been authorised under Article 13(1) or (2) of Directive 2007/46/EC, with no malfunction indication by the OBD, the component or system shall not be replaced prior to emission testing, unless it is determined that the component or system has been tampered with or abused in such a manner that the OBD does not detect the resulting malfunction. |
5. EVALUATION OF EMISSION TEST RESULTS
5.1. |
The test results shall be submitted to the evaluation procedure in accordance with Appendix 2. |
5.2. |
Test results shall not be multiplied by deterioration factors. |
6. PLAN OF REMEDIAL MEASURES
6.1. |
The approval authority shall request the manufacturer to submit a plan of remedial measures to remedy the non-compliance when:
|
6.2. |
The plan of remedial measures shall be filed with the type-approval authority not later than 60 working days from the date of the notification referred to in point 6.1. The type-approval authority shall within 30 working days declare its approval or disapproval of the plan of remedial measures. However, where the manufacturer can demonstrate, to the satisfaction of the competent approval authority, that further time is required to investigate the non-compliance in order to submit a plan of remedial measures, an extension shall be granted. |
6.3. |
The remedial measures shall apply to all vehicles likely to be affected by the same defect. The need to amend the type-approval documents shall be assessed. |
6.4. |
The manufacturer shall provide a copy of all communications related to the plan of remedial measures, and shall also maintain a record of the recall campaign, and supply regular status reports to the approval authority. |
6.5. |
The plan of remedial measures shall include the requirements specified in points 6.5.1 to 6.5.11. The manufacturer shall assign a unique identifying name or number to the plan of remedial measures. |
6.5.1. |
A description of each vehicle type included in the plan of remedial measures. |
6.5.2. |
A description of the specific modifications, alterations, repairs, corrections, adjustments or other changes to be made to bring the vehicles into conformity including a brief summary of the data and technical studies which support the decision of the manufacturer as to the particular measures to be taken to correct the non-conformity. |
6.5.3. |
A description of the method by which the manufacturer informs the vehicle owners. |
6.5.4. |
A description of the proper maintenance or use, if any, which the manufacturer stipulates as a condition of eligibility for repair under the plan of remedial measures, and an explanation of the reasons why the manufacturer imposes any such condition. No maintenance or use conditions may be imposed unless it is demonstrably related to the non-conformity and the remedial measures. |
6.5.5. |
A description of the procedure to be followed by vehicle owners to obtain correction of the non-conformity. This description shall include a date after which the remedial measures may be taken, the estimated time for the workshop to perform the repairs and where they can be done. The repair shall be done expediently, within a reasonable time after delivery of the vehicle. |
6.5.6. |
A copy of the information transmitted to the vehicle owner. |
6.5.7. |
A brief description of the system which the manufacturer uses to assure an adequate supply of component or systems for fulfilling the remedial action. It shall be indicated when there will be an adequate supply of components or systems to initiate the campaign. |
6.5.8. |
A copy of all instructions to be sent to those persons who are to perform the repair. |
6.5.9. |
A description of the impact of the proposed remedial measures on the emissions, fuel consumption, driveability, and safety of each vehicle type, covered by the plan of remedial measures with data and technical studies which support these conclusions. |
6.5.10. |
Any other information, reports or data the type-approval authority may reasonably determine is necessary to evaluate the plan of remedial measures. |
6.5.11. |
Where the plan of remedial measures includes a recall, a description of the method for recording the repair shall be submitted to the type-approval authority. If a label is used, an example of it shall be submitted. |
6.6. |
The manufacturer may be required to conduct reasonably designed and necessary tests on components and vehicles incorporating a proposed change, repair, or modification to demonstrate the effectiveness of the change, repair, or modification. |
6.7. |
The manufacturer is responsible for keeping a record of every vehicle recalled and repaired and the workshop which performed the repair. The type-approval authority shall have access to the record on request for a period of 5 years from the implementation of the plan of remedial measures. |
6.8. |
The repair and modification or addition of new equipment shall be recorded in a certificate supplied by the manufacturer to the vehicle owner. |
‘Appendix 2
Statistical procedure for tailpipe emissions in-service conformity testing
1. |
This procedure shall be used to verify the in-service conformity requirements for the type 1 test. The applicable statistical method set out in Appendix 4 to UN/ECE Regulation No 83 shall apply, with the exceptions described in the Sections 2 to 9 of this Appendix. |
2. |
Note 1 shall not apply. |
3. |
Point 3.2 shall be understood as follows:
A vehicle is said to be an outlying emitter when the conditions given in point 3.2.2 are met. |
4. |
Point 3.2.1 shall not apply. |
5. |
In point 3.2.2, the reference to row B of the table in point 5.3.1.4 shall be understood as reference to Table 1 of Annex I to Regulation (EC) No 715/2007 for Euro 5 vehicles and to Table 2 of Annex I to Regulation (EC) No 715/2007 for Euro 6 vehicles. |
6. |
In points 3.2.3.2.1 and 3.2.4.2, the reference to Section 6 of Appendix 3 shall be understood as reference to Section 6 of Appendix 1 to Annex II to this Regulation. |
7. |
In notes 2 and 3, the reference to row A of the table in point 5.3.1.4 shall be understood as reference to Table 1 of Annex I to Regulation (EC) No 715/2007 for Euro 5 vehicles and to Table 2 of Annex I to Regulation (EC) No 715/2007 for Euro 6 vehicles. |
8. |
In point 4.2, the reference to point 5.3.1.4 shall be understood as reference to Table 1 of Annex I to Regulation (EC) No 715/2007 for Euro 5 vehicles and Table 2 of Annex I to Regulation (EC) No 715/2007 for Euro 6 vehicles. |
9. |
Figure 4/1 shall be replaced by the following figure:
“ Figure 4/1 START Vehicle manufacturer and type-approval authority complete vehicle approval for the new vehicle type. Type-approval authority (TAA) grants type-approval Manufacture and sales of approved vehicle type Vehicle manufacturer develops own in-service conformity procedure Vehicle manufacturer carries out own in-service conformity procedure (vehicle type or family) In-house in-service conformity report for approved vehicle type or family Vehicle manufacturer compiles report of the in-house procedure (including all data required by Section 2 of Annex II) Information from approval authority or Member State surveillance testing TAA (1) reviews manufacturer’ s in-service conformity report and complementary information from type-approval authority or Member State surveillance testing Manufacturer submits in-service conformity report to TAA (1) for audit Does the TAA (1) accept that manufacturer's in-service conformity report confirms acceptability of a vehicle type within the family? (Section 2 of Annex II) NO Does TAA (1) decide that information is insufficient to reach a decision? YES Manufacturer provides or obtains additional information or test data Manufacturer compiles new in-service conformity report YES NO Process Completed No further action required TAA (1) begins formal in-service compliance surveillance programme on suspect vehicle type (as described in Appendix 1 of Annex II to this Regulation) Go to Figure 4/2 of Appendix 4 to UN/ECE Regulation 83 (1) In this case, TAA means the approval authority that granted the type-approval according to this Regulation.” |
‘Appendix 3
Responsibilities for in-service conformity
1. |
The process of checking in-service conformity check is illustrated in Figure 1. |
2. |
The manufacturer shall compile all the information needed to comply with the requirements of this Annex. The approval authority may also take information from surveillance programmes into consideration. |
3. |
The approval authority shall conduct all the procedures and tests necessary to ensure that the requirements regarding the in-service conformity are met. (Phases 2 to 4). |
4. |
In the event of discrepancies or disagreements in the assessment of information supplied, the approval authority shall request clarification from the technical service that conducted the type-approval test. |
5. |
The manufacturer shall establish and implement a plan of remedial measures. This plan shall be approved by the approval authority before it is implemented (Phase 5). |
Figure 1
Illustration of the in-service conformity process
Key features of the in-service conformity check
Phase 1
Annex II, section 2 and 3
Information provided by the manufacturer and from surveillance programmes
Phase 2
Annex II, section 4
Assessment of the information by the type approval authority
Phase 3
Annex II, appendix 1
Selection of vehicles
Phase 4
Annex II, appendix 2
Inspection of vehicles
Phase 5
Annex II, section 6, appendix 1
Submission and approval of remedial plan