This Regulation lays down measures for the implementation of Articles 4, 5, 6 and 12 of Regulation (EC) No 595/2009.
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 (Text with EEA relevance)
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 (Text with EEA relevance)
Article 1 Subject matter
It also amends Regulation (EC) No 595/2009 and Directive 2007/46/EC.
Article 2 Definitions
For the purposes of this Regulation, the following definitions shall apply:
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‘engine system’ means the engine, the emission control system and the communication interface (hardware and messages) between the engine system electronic control unit or units (hereinafter ‘ECU’) and any other powertrain or vehicle control unit;
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‘service accumulation schedule’ means the ageing cycle and the service accumulation period for determining the deterioration factors for the engine-aftertreatment system family;
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‘engine family’ means a manufacturers grouping of engines which, through their design as defined in Section 6 of Annex I, have similar exhaust emission characteristics; all members of the family shall comply with the applicable emission limit values;
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‘engine type’ means a category of engines which do not differ in essential engine characteristics as set out in Appendix 4 to Annex I;
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‘vehicle type with regard to emissions and vehicle repair and maintenance information’ means a group of vehicles which do not differ in essential engine and vehicle characteristics as set out in Appendix 4 to Annex I;
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‘deNOx system’ means a selective catalytic reduction (hereinafter ‘SCR’) system, NOx adsorber, passive or active lean NOx catalyst or any other exhaust after-treatment system designed to reduce emissions of oxides of nitrogen (NOx);
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‘exhaust after-treatment system’ means a catalyst (oxidation, 3-way or any other), particulate filter, deNOx system, combined deNOx particulate filter, or any other emission reducing device, that is installed downstream of the engine;
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‘on-board diagnostic (OBD) system’ means a system on-board a vehicle or engine which has the capability:
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of detecting malfunctions, affecting the emission performance of the engine system; and
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of indicating their occurrence by means of an alert system; and
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of identifying the likely area of the malfunction by means of information stored in computer memory and communicating that information off-board;
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‘qualified deteriorated component or system’ (hereinafter ‘QDC’) means a component or system that has been intentionally deteriorated such as by accelerated ageing or by having been manipulated in a controlled manner and which has been accepted by the approval authority in accordance with the provisions set out in Annex 9B to UN/ECE Regulation No 49 for use when demonstrating the OBD performance of the engine system;
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‘ECU’ means the engine system electronic control unit;
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‘diagnostic trouble code’ (hereinafter ‘DTC’) means a numeric or alphanumeric identifier which identifies or labels a malfunction;
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‘portable emissions measurement system’ (hereinafter ‘PEMS’) means a portable emissions measurement system meeting the requirements specified in Appendix 2 to Annex II;
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‘malfunction indicator’ (hereinafter ‘MI’) means an indicator which is part of the alert system and which clearly informs the driver of the vehicle in the event of a malfunction;
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‘ageing cycle’ means the vehicle or engine operation (speed, load, power) to be executed during the service accumulation period;
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‘critical emission-related components’ means the following components which are designed primarily for emission control: any exhaust after-treatment system, the ECU and its associated sensors and actuators, and the exhaust gas recirculation (hereinafter ‘EGR’) system including all related filters, coolers, control valves and tubing;
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‘critical emission-related maintenance’ means the maintenance to be performed on critical emission-related components;
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‘emission related maintenance’ means the maintenance which substantially affects emissions or which is likely to affect emissions deterioration of the vehicle or the engine during normal in-use operation;
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‘engine aftertreatment system family’ means a manufacturer’s grouping of engines that comply with the definition of engine family, but which are further grouped into engines utilising a similar exhaust after-treatment system;
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‘Wobbe index (lower Wl or upper Wu)’ means the ratio of the corresponding calorific value of a gas per unit volume and the square root of its relative density under the same reference conditions:
W = Hgas √
Which can also be expressed as
W = Hgas × √
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‘λ-shift factor’ (hereinafter ‘Sλ’) means an expression, specified in Section A.5.5.1 of Appendix 5 of Annex 4 to UNECE Regulation No 49, that describes the required flexibility of the engine management system regarding a change of excess-air-ratio λ if the engine is fuelled with a gas composition different from pure methane;
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‘non-emission-related maintenance’ means the maintenance which does not substantially affect emissions and which does not have a lasting effect on the emissions deterioration of the vehicle or the engine during normal in-use operation once the maintenance is performed;
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‘OBD engine family’ means a manufacturer’s grouping of engine systems having common methods of monitoring and diagnosing emission-related malfunctions;
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‘scan-tool’ means an external test equipment used for standardised off-board communication with the OBD system in accordance with the requirements of this Regulation;
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‘Auxiliary Emission Strategy’ (hereinafter ‘AES’) means an emission strategy that becomes active and replaces or modifies a base emission strategy for a specific purpose and in response to a specific set of ambient and/or operating conditions and only remains operational as long as those conditions exist;
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‘Base Emission Strategy’ (hereinafter ‘BES’) means an emission strategy that is active throughout the speed and load operating range of the engine unless an AES is activated;
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‘in-use performance ratio’ means the ratio of the number of times that the conditions have existed under which a monitor, or group of monitors, should have detected a malfunction to the number of driving cycles of relevance to that monitor or group of monitors;
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‘engine start’ consists of the ignition-On, cranking and start of combustion, and is completed when the engine speed reaches 150 min-1 below the normal, warmed-up idle speed;
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‘operating sequence’ means a sequence consisting of an engine start, an operating period (of the engine), an engine shut-off, and the time until the next start, where a specific OBD monitor runs to completion and a malfunction would be detected if present;
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‘emission threshold monitoring’ means monitoring of a malfunction that leads to an excess of the OBD threshold limits (OTLs) and which consists of either or both of the following:
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direct emissions measurement via a tailpipe emissions sensor(s) and a model to correlate the direct emissions to specific emissions of the applicable test-cycle;
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indication of an emissions increase via correlation of computer input and output information to test-cycle specific emissions;
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‘performance monitoring’ means malfunction monitoring that consists of functionality checks, and the monitoring of parameters that are not directly correlated to emission thresholds, that is done on components or systems to verify that they are operating within the proper range;
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‘rationality failure’ means a malfunction where the signal from an individual sensor or component differs from that expected when assessed against signals available from other sensors or components within the control system including cases where all of the measured signals and component output data are individually within the range associated with normal operation of the associated sensor or component and where none of the sensors or components is individually indicating a malfunction;
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‘total functional failure monitoring’ means monitoring in order to detect a malfunction which will lead to a complete loss of the desired function of a system;
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‘malfunction’ means a failure or deterioration of an engine system, including the OBD system, that might reasonably be expected to lead either to an increase in any of the regulated pollutants emitted by the engine system or to a reduction in the effectiveness of the OBD system;
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‘general denominator’ means a counter indicating the number of times a vehicle has been operated, taking into account general conditions;
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‘ignition cycle counter’ means a counter indicating the number of engine starts a vehicle has experienced;
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‘Driving cycle’ means a sequence consisting of an engine start, an operating period (of the vehicle), an engine shut-off, and the time until the next engine start;
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‘group of monitors’ means, for the purpose of assessing the in-use performance of an OBD engine family, a set of OBD monitors used for determining the correct operation of the emission control system;
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‘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 according to Annex XIV and determined under reference atmospheric conditions;
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‘maximum net power’ means the maximum value of the net power measured at full engine load;
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‘wall-flow diesel particulate filter’ means a diesel particulate filter (hereinafter ‘DPF’) in which all the exhaust gas is forced to flow through a wall which filters out the solid matter;
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‘continuous regeneration’ means the regeneration process of an exhaust after-treatment system that occurs either permanently or at least once per World Harmonized Transient Driving Cycle (hereinafter ‘WHTC’) hot start test;
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‘customer adaptation’ means any change to a vehicle, system, component or separate technical unit made at the specific request of a customer and subject to approval;
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‘vehicle OBD information’ means information relating to an on-board diagnostic system for any electronic system on the vehicle;
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‘carry-over system’ means a system, as defined in Article 3(23) of Directive 2007/46/EC, carried over from an old type of vehicle to a new type of vehicles;
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‘diesel mode’ means the normal operating mode of a dual-fuel engine during which the engine does not use any gaseous fuel for any engine operating condition;
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‘dual-fuel engine’ means an engine system that is designed to simultaneously operate with diesel fuel and a gaseous fuel, both fuels being metered separately, where the consumed amount of one of the fuels relative to the other one may vary depending on the operation;
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‘dual-fuel mode’ means the normal operating mode of a dual-fuel engine during which the engine simultaneously uses diesel fuel and a gaseous fuel at some engine operating conditions;
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‘dual-fuel vehicle’ means a vehicle that is powered by a dual-fuel engine and that supplies the fuels used by the engine from separate on-board storage systems;
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‘service mode’ means a special mode of a dual-fuel engine that is activated for the purpose of repairing, or of moving the vehicle from the traffic when operation in the dual-fuel mode is not possible;
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‘Gas Energy Ratio (GER)’ means in case of a dual-fuel engine, the energy content of the gaseous fuel divided by the energy content of both fuels (diesel and gaseous), expressed as a percentage, the energy content of the fuels being defined as the lower heating value;
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‘average gas ratio’ means the average Gas Energy Ratio calculated over a driving cycle;
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‘type 1A dual-fuel engine’ means a dual-fuel engine that operates over the hot part of the WHTC test-cycle with an average gas ratio that is not lower than 90 per cent (GERWHTC ≥ 90 %), and that does not idle using exclusively diesel fuel, and that has no diesel mode;
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‘type 1B dual-fuel engine’ means a dual-fuel engine that operates over the hot part of the WHTC test-cycle with an average gas ratio that is not lower than 90 per cent (GERWHTC ≥ 90 %), and that does not idle using exclusively diesel fuel in dual-fuel mode, and that has a diesel mode;
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‘type 2A dual-fuel engine’ means a dual-fuel engine that operates over the hot part of the WHTC test-cycle with an average gas ratio between 10 per cent and 90 per cent (10 % < GERWHTC < 90 %) and that has no diesel mode or that operates over the hot part of the WHTC test-cycle with an average gas ratio that is not lower than 90 per cent (GERWHTC ≥ 90 %), but that idles using exclusively diesel fuel, and that has no diesel mode;
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‘type 2B dual-fuel engine’ means a dual-fuel engine that operates over the hot part of the WHTC test-cycle with an average gas ratio between 10 per cent and 90 per cent (10 % < GERWHTC < 90 %) and that has a diesel mode or that operates over the hot part of the WHTC test-cycle with an average gas ratio that is not lower than 90 per cent (GERWHTC ≥ 90 %), but that can idle using exclusively diesel fuel in dual-fuel mode, and that has a diesel mode;
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‘type 3B dual-fuel engine’ means a dual-fuel engine that operates over the hot part of the WHTC test-cycle with an average gas ratio that does not exceed 10 per cent (GERWHTC ≤ 10 %) and that has a diesel mode.
Article 2a Access to vehicle OBD and vehicle repair and maintenance information
Manufacturers shall put in place the necessary arrangements and procedures, in accordance with Article 6 of Regulation (EC) No 595/2009 and Annex XVII to this Regulation, to ensure that vehicle OBD and vehicle repair and maintenance information is accessible through websites using a standardised format in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provisions given or access granted to authorised dealers and repairers. Manufacturers shall also make training material available to independent operators and authorised dealers and repairers.
Approval authorities shall only grant type-approval after receiving from the manufacturer a Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.
The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall serve as the proof of compliance with Article 6 of Regulation (EC) No 595/2009.
The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall be drawn up in accordance with the model set out in Appendix 1 of Annex XVII.
The vehicle OBD and vehicle repair and maintenance information shall include the following:
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an unequivocal identification of the vehicle, system, component or separate technical unit for which the manufacturer is responsible;
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service handbooks, including service and maintenance records;
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technical manuals;
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component and diagnosis information (such as minimum and maximum theoretical values for measurements);
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wiring diagrams;
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diagnostic trouble codes, including manufacturer specific codes;
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the software calibration identification number applicable to a vehicle type;
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information provided concerning, and delivered by means of, proprietary tools and equipment;
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data record information and two-directional monitoring and test data;
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standard work units or time periods for repair and maintenance tasks if they are made available to authorised dealers and repairers of the manufacturer either directly or through a third party;
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in case of multi-stage type-approval, the information required under Article 2b.
Authorised dealers or repairers within the distribution system of a given vehicle manufacturer shall be regarded as independent operators for the purposes of this Regulation to the extent that they provide repair or maintenance services for vehicles in respect of which they are not members of the vehicle manufacturer’s distribution system.
The vehicle repair and maintenance information shall always be available, except as required for maintenance purposes of the information system.
For the purposes of manufacture and servicing of OBD-compatible replacement or service parts and diagnostic tools and test equipment, manufacturers shall provide the relevant vehicle OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested component, diagnostic tools or test equipment manufacturer or repairer.
The manufacturer shall make subsequent amendments and supplements to vehicle repair and maintenance information available on its websites at the same time they are made available to authorised repairers.
Where repair and maintenance records of a vehicle are kept in a central data base of the vehicle manufacturer or on its behalf, independent repairers, who have been approved and authorised as required in Section 2.2 of Annex XVII, shall have access to such record free of charge and under the same conditions as authorised repairers in order to be able to enter information on repair and maintenance which they have performed.
The manufacturer shall make available to interested parties the following information:
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relevant information to enable the development of replacement components which are critical to the correct functioning of the OBD system;
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information to enable the development of generic diagnostic tools.
For the purposes of point (a) of the first subparagraph, the development of replacement components shall not be restricted by any of the following:
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the unavailability of pertinent information;
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the technical requirements relating to malfunction indication strategies if the OBD thresholds are exceeded or if the OBD system is unable to fulfil the basic OBD monitoring requirements of this Regulation;
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specific modifications to the handling of OBD information to deal independently with vehicle operation on petrol or on gas;
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the type-approval of gas-fuelled vehicles that contain a limited number of minor deficiencies.
For the purposes of point (b) of the first subparagraph, where manufacturers use diagnostic and test tools in accordance with ISO 22900 Modular vehicle communication interface (MVCI) and ISO 22901 Open diagnostic data exchange (ODX) in their franchised networks, the ODX files shall be accessible to independent operators via the website of the manufacturer.
Article 2b Multi-stage type-approval
In the case of multi-stage type-approval, as defined in Article 3(7) of Directive 2007/46/EC, the final manufacturer shall be responsible for providing access to vehicle OBD and vehicle repair and maintenance information regarding its own manufacturing stage(s) and the link to the previous stage(s).
In addition, the final manufacturer shall on its website provide independent operators with the following information:
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website address of the manufacturer(s) responsible for the previous stage(s);
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name and address of all the manufacturers responsible for the previous stage(s);
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type-approval number(s) of the previous stage(s);
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the engine number.
Each manufacturer responsible for a particular stage or stages of type-approval shall be responsible for providing through his website access to vehicle OBD and vehicle repair and maintenance information regarding the stage(s) of type-approval for which he is responsible and the link to the previous stage(s).
The manufacturer responsible for a particular stage or stages of type-approval shall provide the following information to the manufacturer responsible for the next stage:
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the Certificate of Conformity relating to the stage(s) for which he is responsible;
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the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information, including its appendices;
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the type-approval number corresponding to the stage(s) for which he is responsible;
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the documents referred to in points (a), (b) and (c) as provided by the manufacturer(s) involved in the previous stage(s).
Each manufacturer shall authorise the manufacturer responsible for the next stage to pass the documents provided to the manufacturers responsible for any subsequent stages and the final stage.
In addition, on a contractual basis, the manufacturer responsible for a particular stage or stages of type-approval shall:
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provide the manufacturer responsible for the next stage with access to vehicle OBD and vehicle repair and maintenance information and interface information corresponding to the particular stage(s) for which he is responsible;
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provide, at the request of a manufacturer responsible for a subsequent stage of type-approval, with access to vehicle OBD and vehicle repair and maintenance information and interface information corresponding to the particular stage(s) for which he is responsible.
A manufacturer, including a final manufacturer, may only charge fees in accordance with Article 2f concerning the particular stage(s) for which he is responsible.
A manufacturer, including a final manufacturer, shall not charge fees for providing information relating to the website address or contact details of any other manufacturer.
Article 2c Customer adaptations
By derogation from Article 2a, if the number of systems, components or separate technical units subject to a specific customer adaptation is lower than a total of 250 units produced worldwide, repair and maintenance information for the customer adaptation shall be provided in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provisions given or access granted to authorised dealers and repairers.
For the servicing and reprogramming of the electronic control units relating to the customer adaptation, the manufacturer shall make the respective proprietary specialist diagnostic tool or test equipment available to independent operators as provided to authorised repairers.
The customer adaptations shall be listed on the manufacturer’s repair and maintenance information website and mentioned in the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information at the time of type-approval.
Until 31 December 2015, if the number of systems, components or separate technical units subject to a specific customer adaptation is higher than 250 units worldwide, the manufacturer may derogate from the obligation under Article 2a to provide access to vehicle OBD and vehicle repair and maintenance information using a standardised format. Where the manufacturer makes use of such derogation, he shall provide access to vehicle OBD and vehicle repair and maintenance information in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provisions given or access granted to authorised dealers and repairers.
Manufacturers shall make the proprietary specialist diagnostic tool or test equipment to service the customer-adapted systems, components or technical units available to independent operators via sale and rent.
The manufacturer shall mention in the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information at the time of type-approval the customer adaptations for which the obligation under Article 2a to provide access to vehicle OBD and vehicle repair and maintenance information using a standardised format is derogated from and any electronic control unit related to them.
Those customer adaptations and any electronic control unit related to them shall also be listed on the manufacturer’s repair and maintenance information website.