ISSN 1977-0677 |
||
Official Journal of the European Union |
L 296 |
|
![]() |
||
English edition |
Legislation |
Volume 65 |
|
|
|
(1) Text with EEA relevance. |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
16.11.2022 |
EN |
Official Journal of the European Union |
L 296/1 |
COMMISSION DELEGATED REGULATION (EU) 2022/2236
of 20 June 2022
amending Annexes I, II, IV and V to Regulation (EU) 2018/858 of the European Parliament and of the Council as regards the technical requirements for vehicles produced in unlimited series, vehicles produced in small series, fully automated vehicles produced in small series and special purpose vehicles, and as regards software update
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 4(2), Article 5(3), Article 31(8) and Article 41(5) thereof,
Whereas:
(1) |
For the purpose of CO2 certification, as provided in Commission Implementing Regulation (EU) 2022/1362 (2), it is necessary to distinguish trailers and semi-trailers from link trailers used in European Modular System (EMS) combinations. In order to take into account technical progress and regulatory developments, new types of bodywork should be added to the list of vehicles of category O as set out in Annex I, Part C, point 5, to Regulation (EU) 2018/858. |
(2) |
The table set out in Annex II, Part I, to Regulation (EU) 2018/858 contains the list of requirements for EU type-approval of vehicles produced in unlimited series, with a list of corresponding regulatory acts. It is necessary to take into account technological and regulatory developments by updating some of the references in that table setting out the requirements for vehicles, systems, components and separate technical units. In particular, reference to Regulation (EU) 2019/2144 of the European Parliament and of the Council (3) should be introduced. Furthermore, for reasons of legal clarity and simplification, it is appropriate to align the layout of that table to the one contained in Annex II to that Regulation. |
(3) |
The table set out in Annex II, Part I, Appendix 1, to Regulation (EU) 2018/858 contains the list of regulatory acts for EU type-approval of vehicles produced in small series pursuant to Article 41 of that Regulation. It is necessary to set out the technical requirements for the EU type-approval of such vehicles with respect to the systems provided for in Regulation (EU) 2019/2144 and in the delegated acts and implementing acts adopted pursuant to that Regulation. It is also necessary to set out the requirements that should apply to the EU whole-vehicle type approval of fully automated vehicles produced in small series to allow for a progressive but quick introduction of the technology in line with the application dates set out in Regulation (EU) 2019/2144. As a next stage, the Commission will continue the work to further develop and adopt by July 2024 the necessary requirements for the EU whole vehicle type approval of fully automated vehicles produced in unlimited series. |
(4) |
The tables set out in Annex II, Part III, Appendices 1 to 6, to Regulation (EU) 2018/858 contain the specific requirements for EU type-approval of special purpose vehicles. Those requirements should be amended to take into account Regulation (EU) 2019/2144 and the delegated acts and implementing acts adopted pursuant to that Regulation. |
(5) |
When setting out the requirements for vehicles produced in small series or special purpose vehicles, it is necessary to take into account the cases where the requirements provided for vehicles produced in large series are incompatible with the use or design of such vehicles, or where the additional burden imposed by them is disproportionate. For this reason, sufficient lead time should be provided to manufacturers of vehicles produced in small series and of special purpose vehicles to implement the requirements laid down in this Regulation. In addition, those requirements should first apply from 7 July 2024 to new types of vehicles and from 7 July 2026 for all new vehicles. |
(6) |
In accordance with Annex I to Regulation (EU) 2019/2144, some of the UN Regulations listed in the table set out in Annex II, Part II, to Regulation (EU) 2018/858 should apply for the purposes of EU type-approval. Therefore, it is no longer necessary to recognise such UN Regulations as an alternative to the regulatory acts listed in Part I of that Annex and, consequently, they should be removed from that table. |
(7) |
On the basis of Council Decision (EU) 2020/848 (4), the position taken on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe was in favour of UN Regulation No 156 – Uniform provisions concerning the approval of vehicles with regards to software update and software update management system [2021/388] (5), with the view to apply it for the purposes of EU type-approval. It is necessary to add UN Regulation No 156 to the list of regulatory acts setting out the requirements for the EU whole-vehicle type-approval. As Annex IV to Regulation (EU) 2018/858 contains the requirements relating to arrangements to ensure conformity of production, it is appropriate to introduce a reference to UN Regulation No 156 in that Annex, as part of the procedures and arrangements that manufacturers are to put in place to ensure the conformity and security of software update. |
(8) |
With technology development, motor vehicles are becoming increasingly complex using more electronic systems that require regular software update. Since such software update may affect the functioning of other approved systems and functionalities in the vehicles concerned, the manufacturers should establish a software update management system as part of their conformity of production process. Sufficient time should be provided to manufacturers to integrate such systems into the whole-vehicle type-approval and in particular in respect to new complete and new completed vehicles respectively. |
(9) |
For the purpose of the EU whole-vehicle type-approval of fully automated vehicles of categories M2, M3, N2 and N3, it is necessary to set out in Annex V to Regulation (EU) 2018/858 the quantitative annual limits that should apply to those vehicles. |
(10) |
Annexes I, II, IV and V to Regulation (EU) 2018/858 should therefore be amended in accordance with the Annexes to this Regulation, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EU) 2018/858
Regulation (EU) 2018/858 is amended as follows:
(1) |
Annex I is amended in accordance with Annex I to this Regulation; |
(2) |
Annex II is amended in accordance with Annex II to this Regulation; |
(3) |
Annex IV is amended in accordance with Annex III to this Regulation; |
(4) |
Annex V is amended in accordance with Annex IV to this Regulation. |
Article 2
Transitional provisions
1. With effect from 6 July 2022, national authorities shall refuse to grant EU whole-vehicle type-approval or national type-approval to any new type of vehicles, where the manufacturer executes software updates that affect type approved characteristics of those vehicles after their registration, if such vehicles do not comply with Regulation (EU) 2018/858, as amended by Annex II to this Regulation with regard to software update.
2. With effect from 6 July 2022, national authorities shall not refuse to grant extension to EU whole-vehicle type-approval or national type-approval of vehicles, where the manufacturer executes software updates that affect type approved characteristics of those vehicles after their registration, if such vehicles comply with Regulation (EU) 2018/858, as amended by Annex II to this Regulation with regard to software update.
3. With effect from 7 July 2024, national authorities shall consider, on grounds relating to software update, certificates of conformity in respect to new vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858, and shall prohibit the registration, placing on the market or entry into service of vehicles, where the manufacturer executes software updates that affect type approved characteristics of those vehicles after their registration, if such vehicles do not comply with Regulation (EU) 2018/858, as amended by Annex II to this Regulation with regard to software update.
4. With effect from 7 July 2024, national authorities shall refuse, on grounds relating to software update, to grant EU whole-vehicle type-approval or national type-approval to any new type of vehicles, if those vehicles do not comply with Regulation (EU) 2018/858, as amended by Annex II to this Regulation with regard to software update.
5. With effect from 7 July 2024, national authorities shall refuse to grant EU whole-vehicle type-approval for vehicles produced in small series or special purpose vehicles, if those vehicles do not comply with Regulation (EU) 2018/858, as amended by Annex II, point (2), Table 1, and point (4) to this Regulation.
6. With effect from 7 July 2026, national authorities shall consider certificates of conformity in respect to new vehicles produced in small series or special purpose vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858, and shall prohibit the registration, placing on the market and entry into service of such vehicles, if those vehicles do not comply with Regulation (EU) 2018/858, as amended by Annex II, point (2), Table 1, and point (4) to this Regulation.
7. With effect from 7 July 2026, national authorities shall consider, on grounds relating to software update, certificates of conformity in respect to new complete vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858, and shall prohibit the placing on the market, registration and entry into service of such vehicles, if they do not comply with Regulation (EU) 2018/858, as amended by Annex II to this Regulation with regard to software update.
8. With effect from 7 July 2029, national authorities shall consider, on grounds relating to software update, certificates of conformity in respect to new completed vehicles to be no longer valid for the purposes of Article 48 of Regulation (EU) 2018/858, and shall prohibit the registration, placing on the market and entry into service of such vehicles, if they do not comply with Regulation (EU) 2018/858, as amended by Annex II to this Regulation with regard to software update.
Article 3
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 June 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 151, 14.6.2018, p. 1.
(2) Commission Implementing Regulation (EU) 2022/1362 of 1 August 2022 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the performance of heavy-duty trailers with regard to their influence on the CO2 emissions, fuel consumption, energy consumption and zero emission driving range of motor vehicles and amending Implementing Regulation (EU) 2020/683 (OJ L 205, 5.8.2022, p. 145).
(3) Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 (OJ L 325, 16.12.2019, p. 1).
(4) Council Decision (EU) 2020/848 of 16 June 2020 on the position to be taken on behalf of the European Union in the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 13, 14, 16, 22, 30, 41, 78, 79, 83, 94, 95, 101, 108, 109, 117, 129, 137, 138, 140 and 152, as regards the proposals for modifications to Global Technical Regulations Nos 3, 6, 7, 16 and 19, as regards the proposal for amendments to Consolidated Resolution R.E.3. and as regards the proposals for five new UN Regulations in relation to safety, emissions and automation in the area of motor vehicles (OJ L 196, 19.6.2020, p. 5).
ANNEX I
Annex I to Regulation (EU) 2018/858 is amended as follows:
(1) |
in Part C, point 5, in the table, the following entries are added:
|
(2) |
in Appendix 2, the following row 32 is inserted:
|
ANNEX II
Annex II to Regulation (EU) 2018/858 is amended as follows:
(1) |
Part I is replaced by the following: ‘PART I Regulatory acts for EU type-approval of vehicles produced in unlimited series EXPLANATORY NOTES to the table for vehicles produced in unlimited series
The item and subject entries listed in the table above shall apply for the purpose of information to be provided in accordance with Commission Implementing Regulation (EU) 2020/683, Annex II, Part III from 6 December 2022 for new whole-vehicle type-approvals and from 6 December 2024 for existing approvals. Compliance with Regulation (EU) 2019/2144 is mandatory, however, a separate type-approval under that Regulation is not foreseen as it represents the collection of individual items. Compliance with items from G2 to G12 is mandatory, however, only one type-approval either under Regulation (EC) No 715/2007 or under Regulation (EC) No 595/2009 is foreseen depending on the scope.’ |
(2) |
Appendix 1 to Part I is replaced by the following: ‘Appendix 1 EXPLANATORY NOTES to the tables for vehicles produced in small series The requirements laid down in Table 1 for “Small series scheme I” apply provided that:
In all other cases, the requirements laid down in Table 1 for “Small series scheme II” and in Table 2 apply.
The specific provisions set out in Table 1 and Table 2 cannot be mixed or combined. Table 1 Regulatory acts for EU type-approval of manually driven vehicles produced in small series pursuant to Article 41
Table 2 Regulatory acts for EU type-approval of fully automated vehicles (as defined in Article 3(22) of Regulation (EU) 2019/2144) produced in small series pursuant to Article 41
|
(3) |
Part II is amended as follows:
|
(4) |
Part III and its Appendices 1 to 6 are replaced by the following: ‘PART III List of regulatory acts setting out the requirements for the purpose of EU type-approval of special purpose vehicles EXPLANATORY NOTES to the tables in Appendices 1 to 6
Appendix 1 Motor-caravans, ambulances and hearses
Appendix 2 Armoured vehicles
Appendix 3 Wheelchair-accessible vehicles
Appendix 4 Other special purpose vehicles (including special group, multi-equipment carrier and trailer caravans)
Appendix 5 Mobile cranes
Appendix 6 Exceptional load transport vehicles
|
(*1) The requirements set out in Annex I to Directive 2005/64/EC shall apply.’
ANNEX III
In Annex IV to Regulation (EU) 2018/858, the following point 5 is added:
‘5. Arrangements concerning software update
The software update management system of the manufacturer as well as the whole vehicle type shall comply with the requirements as set out in UN Regulation 156.’
ANNEX IV
In paragraph 1 of Annex V to Regulation (EU) 2018/858, the table is replaced by the following:
‘Category |
Units |
M1 |
1 500 |
M2, M3 |
0 until the date of application of the delegated acts referred to in Article 41(5). For fully automated vehicles produced in small series: 1 500 from 6 December 2022 |
N1 |
1 500 |
N2, N3 |
0 until the date of application of the delegated acts referred to in Article 41(5). For fully automated vehicles produced in small series: 1 500 from 6 December 2022 |
O1, O2 |
0 |
O3, O4 |
0’ |