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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 (Text with EEA relevance)

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 (Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

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

Whereas:

  1. Regulation (EC) No 715/2007 is one of the separate regulatory acts under the type-approval procedure laid down by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(2).

  2. Regulation (EC) No 715/2007 requires new light-duty vehicles to comply with new emission limits and makes additional requirements on access to information. The technical requirements take effect in two stages, Euro 5 starting from 1 September 2009 and Euro 6 from 1 September 2014. The specific technical provisions necessary to implement that Regulation should be adopted. Therefore, the present Regulation aims at setting the requirements necessary for the type-approval of Euro 5 and 6 specification vehicles.

  3. Article 5 of Regulation (EC) No 715/2007 provides for specific technical requirements relating to the control of emissions from vehicles to be set in its implementing legislation. Therefore, it is appropriate to adopt such requirements.

  4. Following the adoption of the main requirements for type approval in Regulation (EC) No 715/2007, it is necessary to establish administrative provisions for EC type-approval of light duty vehicles. These administrative requirements include provisions for conformity of production and in-service conformity to ensure continued good performance of production vehicles.

  5. In accordance with Article 11 of Regulation (EC) No 715/2007, it is necessary to establish requirements for type approval of replacement pollution control devices so as to ensure that they function correctly.

  6. In accordance with Articles 6 and 7 of Regulation (EC) No 715/2007, it is also necessary to establish requirements to ensure that vehicle on board diagnostic (OBD) and vehicle repair and maintenance information is readily accessible, so as to ensure that independent operators have access to such information.

  7. In accordance with Regulation (EC) No 715/2007, the measures provided for in this Regulation regarding access to vehicle repair and maintenance information, information for diagnostic tools and the compatibility of replacement parts with vehicle OBD systems, should not be restricted to emissions-related components and systems but cover all aspects of a vehicle subject to type-approval within the scope of this Regulation.

  8. As provided by Article 14(2) of Regulation (EC) No 715/2007, recalibrated limit values for particulate mass and new limit values for number of particles emitted are introduced.

  9. The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee — Motor Vehicles established by Article 40 of 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)(3).

  10. A Forum should be established to examine any concerns raised regarding the implementation of section 2.2 of Annex XIV, concerning access information relating to vehicle security features. The information exchange in the Forum should help to reduce the risk of misuse of vehicle security information. Due to the sensitivity of the subject matter it might be necessary to keep discussions and findings of the Forum confidential.

HAS ADOPTED THIS REGULATION:

Article 1 Subject matter

This Regulation lays down measures for the implementation of Articles 4, 5 and 8 of Regulation (EC) No 715/2007.

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

  1. ‘vehicle type with regard to emissions and vehicle repair and maintenance information’ means a group of vehicles which do not differ in the following respects:

    1. the equivalent inertia determined in relation to the reference mass as provided for in paragraph 5.1 of Annex 4 of UN/ECE Regulation 83(4);

    2. the engine and vehicle characteristics as set out in Appendix 3 of Annex I;

  2. ‘EC type-approval of a vehicle with regard to emissions and vehicle repair and maintenance information’ means an EC type-approval of a vehicle with regard to its tailpipe emissions, crankcase emissions, evaporative emissions, fuel consumption and access to vehicle OBD and vehicle repair and maintenance information;

  3. ‘gaseous pollutants’ means the exhaust gas emissions of carbon monoxide, oxides of nitrogen, expressed in nitrogen dioxide (NO2) equivalent, and hydrocarbons with the following ratio:

    1. C1H1,89O0,016 for petrol (E5);

    2. C1H1,86O0,005 for diesel (B5);

    3. C1H2,525 for liquefied petroleum gas (LPG);

    4. CH4 for natural gas (NG) and biomethane;

    5. C1H2,74O0,385 for ethanol (E85);

  4. ‘starting aid’ means glow plugs, modifications to the injection timing and other devices which assist the engine to start without enrichment of the air/fuel mixture of the engine;

  5. ‘engine capacity’ means either of the following:

    1. for reciprocating piston engines, the nominal engine swept volume;

    2. for rotary piston (Wankel) engines, double the nominal engine swept volume;

  6. ‘periodically regenerating system’ means catalytic converters, particulate filters or other pollution control devices that require a periodical regeneration process in less than 4 000 km of normal vehicle operation

  7. ‘original replacement pollution control device’ means a pollution control device or an assembly of pollution control devices whose types are indicated in Appendix 4 to Annex I to this Regulation but are offered on the market as separate technical units by the holder of the vehicle type-approval;

  8. ‘type of pollution control device’ means catalytic converters and particulate filters which do not differ in any of the following essential aspects:

    1. number of substrates, structure and material;

    2. type of activity of each substrate;

    3. volume, ratio of frontal area and substrate length;

    4. catalyst material content;

    5. catalyst material ratio;

    6. cell density;

    7. dimensions and shape;

    8. thermal protection;

  9. ‘mono fuel vehicle’ means a vehicle that is designed to run primarily on one type of fuel;

  10. ‘mono fuel gas vehicle’ means a mono fuel vehicle that primarily runs on LPG, NG/biomethane, or hydrogen but may also have a petrol system for emergency purposes or starting only, where the petrol tank does not contain more than 15 litres of petrol;

  11. ‘bi fuel vehicle’ means a vehicle with two separate fuel storage systems that can run part-time on two different fuels and is designed to run on only one fuel at a time;

  12. ‘bi fuel gas vehicle’ means a bi fuel vehicle that can run on petrol and also on either LPG, NG/biomethane or hydrogen;

  13. ‘flex fuel vehicle’ means a vehicle with one fuel storage system that can run on different mixtures of two or more fuels;

  14. ‘flex fuel ethanol vehicle’ means a flex fuel vehicle that can run on petrol or a mixture of petrol and ethanol up to an 85 % ethanol blend (E85);

  15. ‘flex fuel biodiesel vehicle’ means a flex fuel vehicle that can run on mineral diesel or a mixture of mineral diesel and biodiesel;

  16. ‘hybrid electric vehicle’ (HEV) means a vehicle, including vehicles which draw energy from a consumable fuel only for the purpose of re-charging the electrical energy/power storage device, that, for the purpose of mechanical propulsion, draws energy from both of the following on-vehicle sources of stored energy/power:

    1. a consumable fuel;

    2. a battery, capacitor, flywheel/generator or other electrical energy/power storage device;

  17. ‘properly maintained and used’ means, for the purpose of a test vehicle, that such a vehicle satisfies the criteria for acceptance of a selected vehicle laid down in section 2 of Appendix 1 to Annex II;

  18. ‘emission control system’ means, in the context of the OBD system, the electronic engine management controller and any emission-related component in the exhaust or evaporative system which supplies an input to or receives an output from this controller;

  19. ‘malfunction indicator (MI)’ means a visible or audible indicator that clearly informs the driver of the vehicle in the event of a malfunction of any emission-related component connected to the OBD system, or of the OBD system itself;

  20. ‘malfunction’ means the failure of an emission-related component or system that would result in emissions exceeding the limits in section 3.3.2 of Annex XI or if the OBD system is unable to fulfil the basic monitoring requirements set out in Annex XI;

  21. ‘secondary air’ means the air introduced into the exhaust system by means of a pump or aspirator valve or other means that is intended to aid in the oxidation of HC and CO contained in the exhaust gas stream;

  22. ‘driving cycle’, in respect of vehicle OBD systems, consists of engine start-up, driving mode where a malfunction would be detected if present, and engine shut-off;

  23. ‘access to information’ means the availability of all vehicle OBD and vehicle repair and maintenance information, required for the inspection, diagnosis, servicing or repair of the vehicle.

  24. ‘deficiency’ means, in the context of the OBD system, that up to two separate components or systems which are monitored contain temporary or permanent operating characteristics that impair the otherwise efficient OBD monitoring of those components or systems or do not meet all of the other detailed requirements for OBD;

  25. ‘deteriorated replacement pollution control device’ means a pollution control device as defined in Article 3(11) of Regulation (EC) No 715/2007 that has been aged or artificially deteriorated to such an extent that it fulfils the requirements laid out in Section 1 to Appendix 1 to Annex XI of UN/ECE Regulation No 83;

  26. ‘vehicle OBD information’ means information relating to an on-board diagnostic system for any electronic system on the vehicle

  27. ‘reagent’ means any product other than fuel that is stored on-board the vehicle and is provided to the exhaust after-treatment system upon request of the emission control system;

  28. ‘mass of the vehicle in running order’ means the mass described in point 2.6 of Annex I to Directive 2007/46/EC;

  29. ‘engine misfire’ means lack of combustion in the cylinder of a positive ignition engine due to absence of spark, poor fuel metering, poor compression or any other cause;

  30. ‘cold start system or device’ means a system which temporarily enriches the air/fuel mixture of the engine thus assisting the engine to start;

  31. ‘power take-off operation or unit’ means an engine-driven output provision for the purposes of powering auxiliary, vehicle mounted, equipment;

  32. ‘small volume manufacturers’ means vehicle manufacturers whose worldwide annual production is less than 10 000 units;

  33. ‘Electric power train’ means a system consisting of one or more electric energy storage devices, one or more electric power conditioning devices and one or more electric machines that convert stored electric energy to mechanical energy delivered at the wheels for propulsion of the vehicle;

  34. ‘Pure electric vehicle’ means a vehicle powered by an electric power train only;

  35. ‘flex fuel H2NG vehicle’ means a flex fuel vehicle that can run on different mixtures of hydrogen and NG/biomethane;

  36. ‘Hydrogen fuel cell vehicle’ means a vehicle powered by a fuel cell that converts chemical energy from hydrogen into electric energy, for propulsion of the vehicle;

  37. ‘net power’ means the power obtained on a test bench at the end of the crankshaft or its equivalent at the corresponding engine or motor speed with the auxiliaries, tested in accordance with Annex XX (Measurements of net engine power, net power and the maximum 30 minutes power of electric drive train), and determined under reference atmospheric conditions;

  38. ‘maximum net power’ means the maximum value of the net power measured at full engine load;

  39. ‘maximum 30 minutes power’ means the maximum net power of an electric drive train at DC voltage as set out in paragraph 5.3.2. of UNECE Regulation No 85(5);

  40. ‘cold start’ means an engine coolant temperature (or equivalent temperature) at engine start less than or equal to 35 °C and less than or equal to 7 K higher than ambient temperature (if available) at engine start.

Article 3 Requirements for type-approval

1.

In order to receive an EC type-approval with regard to emissions and vehicle repair and maintenance information, the manufacturer shall demonstrate that the vehicles comply with the test procedures specified in Annexes III to VIII, X to XII, XIV, XVI and XX to this Regulation. The manufacturer shall also ensure compliance with the specifications of reference fuels set out in Annex IX to this Regulation.

2.

Vehicles shall be subject to the tests specified in Figure I.2.4 of Annex I.

3.

As an alternative to the requirements contained in Annexes II, III, V to XI and XVI, small volume manufacturers may request the granting of EC type-approval to a vehicle type which was approved by an authority of a third country on the basis of the legislative acts set out in Section 2.1 of Annex I.

The emissions tests for roadworthiness purposes set out in Annex IV, tests fuel consumption and CO2 emissions set out in Annex XII and the requirements for access to vehicle OBD and vehicle repair and maintenance information set out in Annex XIV shall still be required to obtain EC type-approval with regard to emissions and vehicle repair and maintenance information under this paragraph.

The approval authority shall inform the Commission of the circumstances of each type approval granted under this paragraph.

4.

Specific requirements for inlets to fuel tanks and electronic system security are laid down in Section 2.2 and 2.3 of Annex I.

5.

The manufacturer shall take technical measures so as to ensure that the tailpipe and evaporative emissions are effectively limited, in accordance with this Regulation, throughout the normal life of the vehicle and under normal conditions of use.

These measures shall include ensuring that the security of hoses, joints and connections, used within the emission control systems, are constructed so as to conform with the original design intent.

6.

The manufacturer shall ensure that the emissions test results comply with the applicable limit value under the specified test conditions of this Regulation.

7.

For the Type 2 test set out in Appendix 1 to Annex IV, at normal engine idling speed, the maximum permissible carbon monoxide content in the exhaust gases shall be that stated by the vehicle manufacturer. However, the maximum carbon monoxide content shall not exceed 0,3 % vol.

At high idle speed, the carbon monoxide content by volume of the exhaust gases shall not exceed 0,2 %, with the engine speed being at least 2 000 min-1 and Lambda being 1 ± 0,03 or in accordance with the specifications of the manufacturer.

8.

The manufacturer shall ensure that for the Type 3 test set out in Annex V, the engine’s ventilation system does not permit the emission of any crankcase gases into the atmosphere.

9.

The Type 6 test measuring emissions at low temperatures set out in Annex VIII shall not apply to diesel vehicles.

However, when applying for type-approval, manufacturers shall present to the approval authority with information showing that the NOx aftertreatment device reaches a sufficiently high temperature for efficient operation within 400 seconds after a cold start at – 7 °C as described in the Type 6 test.

In addition, the manufacturer shall provide the approval authority with information on the operating strategy of the exhaust gas recirculation system (EGR), including its functioning at low temperatures.

This information shall also include a description of any effects on emissions.

The approval authority shall not grant type-approval if the information provided is insufficient to demonstrate that the aftertreatment device actually reaches a sufficiently high temperature for efficient operation within the designated period of time.

At the request of the Commission, the approval authority shall provide information on the performance of NOx aftertreatment devices and EGR system at low temperatures.

Article 4 Requirements for type-approval regarding the OBD system

1.

The manufacturer shall ensure that all vehicles are equipped with an OBD system.

2.

The OBD system shall be designed, constructed and installed on a vehicle so as to enable it to identify types of deterioration or malfunction over the entire life of the vehicle.

3.

The OBD system shall comply with the requirements of this Regulation during conditions of normal use.

4.

When tested with a defective component in accordance with Appendix 1 of Annex XI, 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 limits specified in Annex XI.

5.

The manufacturer shall ensure that the OBD system complies with the requirements for in-use performance set out in section 3 of Appendix 1 to Annex XI of this Regulation 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 point 3.6 of Appendix 1 to Annex XI shall be made readily available by the manufacturer to national authorities and independent operators without any encryption.

Article 5 Application for EC type-approval of a vehicle with regard to emissions and access to vehicle repair and maintenance information

Article 6 Administrative provisions for EC type-approval of a vehicle with regard to emissions and access to vehicle repair and maintenance information

Article 7 Amendments to type-approvals

Article 8 Conformity of production

Article 9 In service conformity

Article 10 Pollution control devices

Article 11 Application for EC type-approval of a type of replacement pollution control device as a separate technical unit

Article 12 Administrative provisions for EC type-approval of replacement pollution control device as separate technical unit

Article 13 Access to vehicle OBD and vehicle repair and maintenance information

Article 14 Compliance with the obligations regarding access to vehicle OBD and vehicle repair and maintenance information

Article 15 Special requirements regarding type approval information

Article 16 Amendments to Regulation (EC) No 715/2007

Article 17 Entry into force

LIST OF ANNEXES

ANNEX IADMINISTRATIVE PROVISIONS FOR EC TYPE-APPROVAL

Appendix 1Verification of conformity of production — First statistical method
Appendix 2Verification of conformity of production — Second statistical method
Appendix 3MODELINFORMATION DOCUMENT No …
Appendix to information documentINFORMATION ON TEST CONDITIONS
Appendix 4MODEL OF EC TYPE-APPROVAL CERTIFICATE(Maximum format: A4 (210 × 297 mm))EC TYPE-APPROVAL CERTIFICATE
Addendum to EC type-approval certificate No …concerning the type-approval of a vehicle with regard to emissions and access to vehicle repair and maintenance information according to Regulation (EC) No 715/2007
Appendix 5Vehicle OBD information
Appendix 6EC Type –Approval Certification Numbering System
Appendix 7

ANNEX II

Appendix 1
Appendix 2
Appendix 3

ANNEX IIIVERIFYING AVERAGE EXHAUST EMISSIONS AT AMBIENT CONDITIONS(TYPE 1 TEST)

ANNEX IVEMISSIONS DATA REQUIRED AT TYPE-APPROVAL FOR ROADWORTHINESS PURPOSES

Appendix 1MEASURING CARBON MONOXIDE EMISSION AT IDLING SPEEDS(TYPE 2 TEST)
Appendix 2MEASUREMENT OF SMOKE OPACITY

ANNEX VVERIFYING EMISSIONS OF CRANKCASE GASES(TYPE 3 TEST)

ANNEX VIDETERMINATION OF EVAPORATIVE EMISSIONS(TYPE 4 TEST)

ANNEX VIIVERIFYING THE DURABILITY OF POLLUTION CONTROL DEVICES(TYPE 5 TEST)

Appendix 1Standard Bench Cycle (SBC)
Appendix 2Standard Diesel Bench Cycle (SDBC)
Appendix 3Standard Road Cycle (SRC)

ANNEX VIIIVERIFYING THE AVERAGE EMISSIONS AT LOW AMBIENT TEMPERATURES(TYPE 6 TEST)

ANNEX IXSPECIFICATIONS OF REFERENCE FUELS

ANNEX XEMISSIONS TEST PROCEDURE FOR HYBRID ELECTRIC VEHICLES (HEV)

ANNEX XION-BOARD DIAGNOSTICS (OBD) FOR MOTOR VEHICLES

Appendix 1FUNCTIONAL ASPECTS OF ON-BOARD DIAGNOSTIC (OBD) SYSTEMS
Appendix 2ESSENTIAL CHARACTERISTICS OF THE VEHICLE FAMILY

ANNEX XIIDETERMINATION OF CO2 EMISSIONS, FUEL CONSUMPTION, ELECTRIC ENERGY CONSUMPTION AND ELECTRIC RANGE

ANNEX XIIIEC TYPE-APPROVAL OF REPLACEMENT POLLUTION CONTROL DEVICES AS SEPARATE TECHNICAL UNIT

Appendix 1MODELInformation document No …relating to the EC type-approval of replacement pollution control devices
Appendix 2MODEL EC TYPE-APPROVAL CERTIFICATE(Maximum format: A4 (210 mm × 297 mm))EC TYPE-APPROVAL CERTIFICATE
Appendix 3Example of the EC type-approval marks(see point 5.2 of this Annex)

ANNEX XIVAccess to vehicle OBD and vehicle repair and maintenance information

Appendix 1

ANNEX XVIN-SERVICE CONFORMITY OF VEHICLES TYPE-APPROVED UNDER DIRECTIVE 70/220/EEC

Appendix 1In-service conformity check
Appendix 2Statistical procedure for in-service conformity testing

ANNEX XVIREQUIREMENTS FOR VEHICLES THAT USE A REAGENT FOR THE EXHAUST AFTERTREATMENT SYSTEM

ANNEX XVIIAMENDMENTS TO REGULATION (EC) No 715/2007

ANNEX XVIIISPECIAL PROVISIONS REGARDING ANNEX I TO COUNCIL DIRECTIVE 70/156/EEC

ANNEX XIXSPECIAL PROVISIONS REGARDING ANNEX III TO COUNCIL DIRECTIVE 70/156/EEC

ANNEX XX