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Document 32023R0443
Commission Regulation (EU) 2023/443 of 8 February 2023 amending Regulation (EU) 2017/1151 as regards the emission type approval procedures for light passenger and commercial vehicles (Text with EEA relevance)
Commission Regulation (EU) 2023/443 of 8 February 2023 amending Regulation (EU) 2017/1151 as regards the emission type approval procedures for light passenger and commercial vehicles (Text with EEA relevance)
Commission Regulation (EU) 2023/443 of 8 February 2023 amending Regulation (EU) 2017/1151 as regards the emission type approval procedures for light passenger and commercial vehicles (Text with EEA relevance)
C/2023/843
OJ L 66, 2.3.2023, p. 1–237
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
2.3.2023 |
EN |
Official Journal of the European Union |
L 66/1 |
COMMISSION REGULATION (EU) 2023/443
of 8 February 2023
amending Regulation (EU) 2017/1151 as regards the emission type approval procedures for light passenger and commercial 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 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 5(3) and 14(3) thereof,
Whereas:
(1) |
Regulation (EC) No 715/2007 regulates type approval of motor vehicles with regard to their emissions. To that end, it requires new light passenger and commercial vehicles to comply with certain emission limits. The specific technical provisions necessary to implement that Regulation are contained in Commission Regulation (EU) 2017/1151 (2). Given that Regulation (EU) 2018/858 of the European Parliament and of the Council (3) regulates the type approval of motor vehicles, it is appropriate to align the definitions of Commission Regulation (EU) 2017/1151 with those of Regulation (EU) 2018/858 in order to achieve a uniform understanding in type approval legislation (2). |
(2) |
The provisions on access to vehicle on-board diagnostics (OBD) information and vehicle repair and maintenance information laid out in Chapter III of Regulation EC No 715/2007 have been integrated in Chapter XIV of Regulation (EU) 2018/858, which applies since 1 September 2020. In order to align the legislation, it is appropriate to delete, the provisions in Regulation (EU) No 2017/1151 relating to access to such information. |
(3) |
Since the introduction of the real driving emission (RDE) methodology in the requirements for vehicle testing by Regulation (EU) 2016/427, which was taken over in Annex IIIA to Regulation (EU) 2017/1151, all vehicles may be tested at low ambient temperatures. The specific requirement to present information that the nitrogen oxides (NOx) pollution control devices reach sufficiently high temperature within 400 seconds at – 7 °C is therefore redundant and should be deleted. |
(4) |
In order to allow monitoring the consumption of fuel and/or electric energy for all types of vehicles covered by this Regulation, the requirements for such monitoring should apply to vehicles of N2 category. As this is a new requirement for that category, it is appropriate to allow vehicle manufacturers sufficient time to comply with that requirement. |
(5) |
In order to identify whether a tested vehicle operates in the base emission strategy (BES) or in an auxiliary emission strategy (AES) an appropriate indication of AES activation should be introduced in vehicles informing when an AES is used. Therefore, appropriate lead time is needed in order to introduce such indicator in all new vehicles. |
(6) |
A formal documentation package should be made available to allow other type approval authorities, technical services, third parties, the Commission or market surveillance authorities to understand whether higher emissions than expected during testing under certain conditions could be attributed to an AES. |
(7) |
Given that Regulation (EU) 2018/858 allows third parties for the in-service conformity (ISC) testing, the provisions for ISC checks need to be adapted. |
(8) |
The application of ISC checks is to be facilitated by an electronic platform on ISC. The development of this platform showed the need for certain changes in the transparency lists. At the same time, the transparency lists should be streamlined to contain only the necessary elements for ISC testing. |
(9) |
A UN Regulation on Real Driving Emissions (RDE) is being developed in the UN World Forum for Harmonization of Vehicle Regulations with improvements in the structure and other elements of the RDE methodology. Those improvements have not yet been formally adopted, but as they represent the latest technical developments, it is necessary to introduce them in Regulation (EU) 2017/1151. |
(10) |
The Joint Research Centre published two review reports in 2020 (4) and 2021 (5) on the assessment of the PEMS margins used in the RDE procedure representing the latest state of knowledge on the performance of portable emission measurement systems. It is therefore appropriate to lower the PEMS margins in line with the best available scientific knowledge contained in these reports. The lowering of the PEMS margins should be accompanied by changes in the methodology of the calculation of the results of an RDE test. |
(11) |
The Worldwide Harmonised Light-duty Test Procedure (WLTP) was first adopted in the UN World Forum for Harmonization of Vehicle Regulations as Global Technical Regulation (GTR) No 15 (6) and later as UN Regulation No 154 (7). Certain amendments have been introduced to the WLTP methodology in the UN in order to take into account the latest developments of technical progress. It is therefore appropriate to align the WLTP methodology laid down in Regulation (EU) 2017/1151 with the UN Regulation. |
(12) |
UN Regulation No 154 covers two sets of regional requirements, termed Level 1A and Level 1B. Although the majority of the requirements of that UN Regulation are applicable to both Level 1A and Level 1B, certain of them are specific to a particular level. For application of UN Regulation No 154 in the Union, only the level 1A requirements are relevant as only this level is based on the four phase test cycle (low, medium, high and extra-high speed) used in the Union. |
(13) |
To minimise complexity of this Regulation and to avoid duplication of regulatory provisions, rather than transposing the provisions of UN Regulation No 154 by this Regulation, reference to that UN Regulation should be introduced to Regulation (EU) 2017/1151. |
(14) |
Based on recommendations by the Joint Research Centre, it is appropriate to amend the respective test procedure for the conformity of production (CoP) assessment of carbon dioxide (CO2) emissions of vehicles, including the run-in procedure in order to allow for technical progress. |
(15) |
In order to reduce testing flexibilities, some specific provisions should be introduced, such as provisions on the use of computational fluid dynamics (CFD) simulation tools and its validation, as well as on the setting of a coasting functionality in dynamometer operation. |
(16) |
An additional gearshift calculation tool, developed by the Joint Research Centre, should be introduced as reference tool. |
(17) |
An update to the Type 5 test for verifying the durability of pollution control devices and updated OBD requirements is necessary to take into account the changes related to the WLTP. |
(18) |
Recent studies show a significant difference between the average real-world CO2 emissions of plug-in hybrid electric vehicles and their CO2 emissions determined by WLTP. In order to ensure that the CO2 emissions determined for such vehicles are representative of real driver behaviour, the utility factors applied for the purpose of the CO2 emission determination at type approval should be revised. As a first step, new utility factors should be specified on the basis of available data. As a second step, those factors should be further revised, taking into account data from fuel consumption monitoring devices on-board such vehicles and collected in accordance with Commission Implementing Regulation (EU) 2021/392 (8). |
(19) |
Some requirements introduced in this amendment, such as the indicator for AES activation, require adaptation of the vehicle. Therefore those requirements should be introduced in three distinct steps. |
(20) |
It is therefore appropriate to amend Regulation (EU) 2017/1151. |
(21) |
In order to provide Member States, national authorities and economic operators with sufficient time to prepare for the application of the rules introduced by this Regulation, the date of application of this Regulation should be deferred. |
(22) |
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) 2017/1151 is amended as follows:
(1) |
Article 2 is amended as follows:
|
(2) |
Article 3 is amended as follows:
|
(3) |
In Article 4, paragraphs 4, 5 and 6 are replaced by the following: ‘4. When tested with a defective component in accordance with Appendix 1 of Annex C5 to UN Regulation No 154, the OBD system malfunction indicator shall be activated. 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. 5. The manufacturer shall ensure that the OBD system complies with the requirements for in-use performance set out in Section 1 of Appendix 1 to Annex XI under all reasonably foreseeable driving conditions. 6. In-use performance related data to be stored and reported by a vehicle's OBD system according to the provisions of Section 1 of Appendix 1 to Annex XI shall be made readily available by the manufacturer to national authorities and independent operators without any encryption.’; |
(4) |
In Article 4a, the –introductory phrase is replaced by the following: ‘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:’; |
(5) |
Article 5 is amended as follows:
|
(6) |
Article 6 is amended as follows:
|
(7) |
in Article 7, the first paragraph is replaced by the following: ‘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.’; |
(8) |
in Article 8, paragraph 1 is replaced by the following: ‘1. Measures to ensure the conformity of production shall be taken in accordance with Article 31 of Regulation (EU) 2018/858. 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.’; |
(9) |
Article 9 is amended as follows:
|
(10) |
in Article 10, paragraph 1 is replaced by the following: ‘1. The manufacturer shall ensure that replacement pollution control devices intended to be fitted to EC type-approved vehicles covered by the scope of Regulation (EC) No 715/2007 are EC type-approved, as separate technical units within the meaning of Article 10(2) of Directive 2007/46/EC, in accordance with Articles 12 and 13 and Annex XIII to this Regulation. 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 (*6). (*6) Regulation No 103 of the Economic Commission for Europe of the United Nations (UNECE) — Uniform provisions concerning the approval of replacement pollution control devices for power-driven vehicles (OJ L 207, 10.8.2017, p. 30).’;" |
(11) |
in Article 11 paragraph 3 the second subparagraph is replaced by the following: ‘The test vehicles shall comply with the requirements set out in Section 2.3 of Annex B6 to UN Regulation No 154.’; |
(12) |
Article 13 is deleted; |
(13) |
Article 14 is deleted; |
(14) |
in Article 15 the following paragraphs 12, 13 and 14 are added: ‘12. For vehicle types with an existing valid type approval issued before 1 September 2023, new type approval testing shall not be required if the manufacturer declares to the type approval authority that compliance with the requirements of this Regulation is ensured. Requirements not related to the testing of the vehicle, including required declarations and data requirements, apply. 13. For vehicle types with an existing valid type approval issued according to emission standard Euro 6e (*7) for which a manufacturer requests an approval according to emission standard Euro 6e-bis (*7), new type approval testing shall not be required if the manufacturer declares to the type approval authority that compliance with the requirements of the Euro 6e-bis emission standard is ensured. Requirements not related to the testing of the vehicle, including required declarations and data requirements, apply. 14. For vehicle types with an existing valid type approval issued according to emission standard Euro 6e-bis for which a manufacturer requests an approval according to emission standard Euro 6e-bis-FCM (*7), new type approval testing shall not be required if the manufacturer declares to the type approval authority that compliance with the requirements of the Euro 6e-bis-FCM emission standard is ensured. Requirements not related to the testing of the vehicle, including required declarations and data requirements, apply. (*7) As specified in Appendix 6 to Annex I.’" (*7) As specified in Appendix 6 to Annex I.’" (*7) As specified in Appendix 6 to Annex I.’" |
(15) |
List of Annexes and Annex I is amended as set out in Annex I to this Regulation; |
(16) |
Annex II is replaced by the text in Annex II to this Regulation; |
(17) |
Annex IIIA is replaced by the text in Annex III to this Regulation; |
(18) |
Annex V is amended as set out in Annex IV to this Regulation; |
(19) |
Annex VI is amended as set out in Annex V to this Regulation; |
(20) |
Annex VII is amended as set out in Annex VI to this Regulation; |
(21) |
Annex VIII is amended as set out in Annex VII to this Regulation; |
(22) |
Annex IX is amended as set out in Annex VIII to this Regulation; |
(23) |
Annex XI is replaced by the text in Annex IX to this Regulation; |
(24) |
Annex XII is amended as set out in Annex X to this Regulation; |
(25) |
Annex XIII is amended as set out in Annex XI to this Regulation; |
(26) |
Annex XIV is deleted; |
(27) |
Annex XVI is replaced by the text in Annex XII to this Regulation; |
(28) |
Annex XX is amended as set out in Annex XIII to this Regulation; |
(29) |
Annex XXI is replaced by the text in in Annex XIV to this Regulation; |
(30) |
Annex XXII is replaced by the text in Annex XV to this Regulation. |
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 September 2023.
However, from 1 March 2023, national authorities shall not refuse to grant EU type approval for a new type of vehicle or grant extension for an existing type of vehicle, or prohibit registration, placing on the market or entry into service of a new vehicle, where the vehicle concerned complies with this regulation, if a manufacturer so requests.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 February 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 171, 29.6.2007, 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 Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).
(3) 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).
(4) Valverde Morales, V., Giechaskiel, B. and Carriero, M., Real Driving Emissions: 2018-2019 assessment of Portable Emissions Measurement Systems (PEMS) measurement uncertainty, EUR 30099 EN, Publications Office of the European Union, Luxembourg, 2020, ISBN 978-92-76-16364-0, doi:10.2760/684820, JRC114416.
(5) Giechaskiel, B., Valverde Morales, V. and Clairotte, M., Real Driving Emissions (RDE): 2020 assessment of Portable Emissions Measurement Systems (PEMS) measurement uncertainty, EUR 30591 EN, Publications Office of the European Union, Luxembourg, 2021, ISBN 978-92-76-30230-8, doi:10.2760/440720, JRC124017.
(6) Global technical regulation No 15 on Worldwide harmonized Light vehicles Test Procedure.
(7) UN Regulation No 154 – Uniform provisions concerning the approval of light duty passenger and commercial vehicles with regards to criteria emissions, emissions of carbon dioxide and fuel consumption and/or the measurement of electric energy consumption and electric range (WLTP) (OJ L 290, 10.11.2022, p. 1).
(8) Commission Implementing Regulation (EU) 2021/392 of 4 March 2021 on the monitoring and reporting of data relating to CO2 emissions from passenger cars and light commercial vehicles pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council and repealing Commission Implementing Regulations (EU) No 1014/2010, (EU) No 293/2012, (EU) 2017/1152 and (EU) 2017/1153 (OJ L 77, 5.3.2021, p. 8).
ANNEX I
List of Annexes and Annex I to Regulation (EU) 2017/1151 are amended a follows:
(1) |
List of Annexes is replaced by the following: ‘LIST OF ANNEXES
|
(2) |
Annex I is amended as follows:
|
(3) |
Appendices 1 and 2 are deleted; |
(4) |
Appendices 3 and 3a are replaced by the following: ‘Appendix 3 MODEL INFORMATION DOCUMENT No … RELATING TO EC TYPE-APPROVAL OF A VEHICLE WITH REGARD TO EMISSIONS The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail. If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.
Explanatory notes
‘Appendix 3a DOCUMENTATION PACKAGES Formal Documentation Package The manufacturer may use one formal documentation package for multiple emission type approvals. The formal documentation package shall include the following information:
Extended Documentation Package The extended documentation package shall include the following information on all AES:
The extended documentation package shall be limited to 100 pages and shall include all the main elements to allow the type approval authority to assess the AES. 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 extended documentation package to the type 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 type approval authority. The extended documentation package shall be structured as follows: Extended Documentation Package for AES Application No YYY/OEM in accordance with Regulation (EU) 2017/1151
|
(5) |
In Appendix 4 the Model of EC Type-Approval Certificate without the addendum, is replaced by the following: ‘MODEL OF EC TYPE-APPROVAL CERTIFICATE (Maximum format: A4 (210 × 297 mm)) EC TYPE-APPROVAL CERTIFICATE Stamp of administration Communication concerning the:
EC type-approval number: … Reason for extension: … SECTION I
SECTION II
|
(6) |
Appendix 5 is deleted; |
(7) |
Appendix 6 is amended as follows:
|
(8) |
Appendices 8a, 8b and 8c are replaced by the following: ‘Appendix 8a Test reports A Test Report is the report issued by the technical service responsible for conducting the tests according this regulation. PART I The following information, if applicable, is the minimum data required for the Type 1 test. Report number
General notes: If there are several options (references), the one tested should be described in the test report If there are not, a single reference to the information document at the start of the test report may be sufficient. Every Technical Service is free to include some additional information Characters are included in the sections of the test report relating to specific vehicle types, as follows:
1. DESCRIPTION OF TESTED VEHICLE(S): HIGH, LOW AND M (IF APPLICABLE) 1.1. General
1.1.1. Powertrain Architecture
1.1.2. INTERNAL COMBUSTION ENGINE (if applicable) For more than one ICE, please repeat the point
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