This document is an excerpt from the EUR-Lex website
Document 32019R1939
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)
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)
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)
C/2019/7884
OJ L 303, 25.11.2019, p. 1–24
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
25.11.2019 |
EN |
Official Journal of the European Union |
L 303/1 |
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:
(1) |
Article 2 is amended as follows:
|
(2) |
Articles 2a, 2b, 2c, 2d, 2e, 2f, 2g and 2h are deleted; |
(3) |
Article 3 is amended as follows:
|
(4) |
Article 5 is amended as follows:
|
(5) |
Article 6 is amended as follows:
|
(6) |
Article 7 is amended as follows:
|
(7) |
Article 8 is amended as follows:
|
(8) |
Article 9 is amended as follows:
|
(9) |
Article 10 is amended as follows:
|
(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. 4. With effect from 1 January 2022, national authorities shall, in the case of new vehicles which do not comply with 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. 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; |
(15) |
in Annex VIII, point 5.1.2. is replaced by the following:
|
(16) |
in Annex X, the following point is inserted after point 2.4.1.3.:
|
(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).
ANNEX I
Annex I to Regulation (EU) No 582/2011 is amended as follows:
(1) |
in point 3.1., the introductory wording is replaced by the following: ‘In the case of an engine type-approved as a separate technical unit or a vehicle type-approved with regard to emissions, the engine shall bear:’; |
(2) |
point 3.4. is replaced by the following:
|
(3) |
Section 8 is replaced by the following:
|
(4) |
Appendix 4 is amended as follows:
|
(5) |
in Appendix 5, in Table 6a (PEMS demonstration test) under point 1.4.4. of the Addendum to an EU type-approval certificate, the rows concerning ‘Pass-fail results’ for the ‘Work window conformity factor’ and the ‘CO2 mass window conformity factor’ are replaced by the following:
|
(6) |
in Appendix 7, in Table 6a (PEMS demonstration test) under point 1.4.4. of the Addendum to an EU type-approval certificate, the rows concerning ‘Pass-fail results’ for the ‘Work window conformity factor’ and the ‘CO2 mass window conformity factor’ are replaced by the following:
|
(7) |
in Appendix 9, Table 1 and the accompanying Key are replaced by the following: ‘Table 1
|
(8) |
in Appendix 10, the following explanatory note is inserted:
|
(9) |
the following Appendix is added: ‘Appendix 11 AES Documentation Package The AES documentation package shall include the following: (A) information on all AES:
The AES documentation package shall be limited to 100 pages and shall include all the main elements to allow the approval authority to assess the AES (according to the requirements of Annex VI, appendix 2), the effectiveness of the inducement system and the anti-tampering measures. The package may be complemented with annexes and other attached documents, containing additional and complementary elements, if necessary. The manufacturer shall send a new version of the AES documentation package to the approval authority every time changes are introduced to the AES. The new version shall be limited to the changes and their effect. The new version of the AES shall be evaluated and approved by the approval authority. The AES documentation package shall be structured as follows: AES Documentation Package No YYY/OEM
|
(1) “NOx OTL” monitoring requirements as set out in Table 1 of Annex X for compression ignition and dual-fuel engines and vehicles and Table 2 of Annex X for positive ignition engines and vehicles.
(2) “PM OTL” monitoring requirements as set out in Table 1 of Annex X for compression ignition and dual-fuel engines and vehicles.
(3) “CO OTL” monitoring requirements as set out in Table 2 of Annex X for positive ignition engines and vehicles.
(4) IUPR specifications are set out in Annex X. Positive Ignition engines and vehicles equipped with such engines are not subjected to IUPR.
(5) Additional provisions concerning monitoring requirements as set out in paragraph 2.3.1.2 of Annex 9A to UNECE Regulation No 49.
(6) ISC requirement set out in Appendix 1 to Annex II.
(7) For positive-ignition engines and vehicles equipped with such engines.
(8) For compression-ignition and dual-fuel engines and vehicles equipped with such engines.
(9) “Performance monitoring” requirements as set out in point 2.1.1 of Annex X.
(10) IUPR “Phase-in” requirements as set out in Section 6 of Annex X
(11) Reagent quality “phase-in” requirements as set out in point 7.1 of Annex XIII.
(12) Only applicable to positive-ignition engines and vehicles equipped with such engines.
(13) IUPR “General” requirements as set out in Section 6 of Annex X.
(14) Reagent quality “general” requirements as set out in point 7.1.1 of Annex XIII.
(15) Subject to transitional measures laid down in Article 17a.
(N/A) Not applicable.’;
ANNEX II
Annex II to Regulation (EU) No 582/2011 is amended as follows:
(1) |
in point 4.1. the following is inserted between the second and third paragraph: ‘In case the legally permissible maximum vehicle weight is lower than the technically permissible laden mass of the vehicle, it is permitted to use the legally permissible maximum vehicle weight to determine the vehicle payload for the test run.’; |
(2) |
point 4.6.2. is replaced by the following:
|
(3) |
point 6.3., including Table 2, is replaced by the following:
Table 2 Maximum allowed conformity factors for in-service conformity emission testing
|
(4) |
the following point is inserted after point 10.1.8.5.:
|
(5) |
the following point is inserted after point 10.1.9.5.:
|
(6) |
the following point is inserted after point 10.1.9.10.:
|
(7) |
the following point is inserted after point 10.1.9.19.:
|
(8) |
the following point is inserted after point 10.1.9.24.:
|
(9) |
the following point is inserted after point 10.1.10.12.:
|
(10) |
the following point is inserted after point 10.1.11.5.:
|
(11) |
the following point is inserted after point 10.1.11.9.:
|
(12) |
the following point is inserted after point 10.1.12.4.:
|
(13) |
Appendix 1 is amended as follows:
|
(14) |
Appendix 2 is amended as follows:
|
(15) |
in Appendix 3, the following points are added:
|
(1) For compression-ignition engines.
(2) For positive-ignition engines.
(3) Subject to transitional measures laid down in Article 17a’;
(4) Measured or corrected to a wet basis.
(5) Gas engines only.
(6) Use the ambient temperature sensor or an intake air temperature sensor.
(7) The recorded value shall be either (a) the net brake engine torque in accordance with point 2.4.4 of this Appendix or (b) the net brake engine torque calculated from the torque values in accordance with point 2.4.4 of this Appendix.’;
(*1) Will be defined at a later stage.
ANNEX III
Annex VI to Regulation (EU) No 582/2011 is amended as follows:
(1) |
in Section 8, the following paragraph is added: ‘The methodology for the assessment of AES is described in Appendix 2 to this Annex.’; |
(2) |
in Appendix 1, the second paragraph of point 3.1. is replaced by the following: ‘The vehicle payload shall be 50-60 % of the maximum vehicle payload. A deviation from that range may be agreed with the approval authority. The reason for such a deviation shall be indicated in the test report. The additional requirements set out in Annex II shall apply.’; |
(3) |
the following Appendix is added: ‘Appendix 2 Methodology for the assessment of AES For the purposes of assessing the AES, the approval authority shall verify at least whether the requirement laid down in this Appendix are fulfilled.
|