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 (Text with EEA relevance)Text with EEA relevance

This Regulation lays down measures for the implementation of Regulation (EC) No 715/2007.

For the purposes of this Regulation, the definitions in Regulation (EU) 2018/858⁽¹⁾ of the European Parliament and of the Council shall apply.

The following definitions shall also apply:

1. ‘vehicle type with regard to emissions’ means a group of vehicles which:

   1. do not differ with respect to the criteria constituting an ‘interpolation family’ as specified in paragraph 6.3.2 of UN Regulation No 154⁽²⁾;

   2. fall in a single ‘CO2 interpolation range’ within the meaning of paragraph 2.3.2 of Annex B6 to UN Regulation No 154 or paragraph 4.5.1. of Annex B8 to UN Regulation 154;

   3. do not differ with respect to any characteristics that have a non-negligible influence on tailpipe emissions, such as, but not limited to, the following:

      • types and sequence of pollution control devices (e.g. three-way catalyst, oxidation catalyst, lean NOx trap, SCR, lean NOx catalyst, particulate trap or combinations thereof in a single unit);

      • exhaust gas recirculation (with or without, internal/external, cooled/non-cooled, low/high/combined pressure);

2. ‘EC type-approval of a vehicle with regard to emissions’ means an EU type-approval of the vehicles with regard to their tailpipe emissions, crankcase emissions, evaporative emissions and fuel consumption;

3. ‘odometer’ means an instrument indicating to the driver the total distance driven by the vehicle since its production;

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 an exhaust emissions control device (e.g. catalytic converter, particulate trap) that requires a periodic regeneration process;

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 and kind 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. required reagent (if applicable);

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 is designed primarily for permanent running on LPG or NG/biomethane or hydrogen, but may also have a petrol system for emergency purposes or starting only, where the nominal capacity of the petrol tank does not exceed 15 litres;

11. ‘bi-fuel vehicle’ means a vehicle with two separate fuel storage systems that is designed to run primarily on only one fuel at a time most of the time;

12. ‘bi-fuel gas vehicle’ means a bi-fuel vehicle where the two fuels are petrol (petrol mode) and 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 per cent 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 hybrid vehicle where one of the propulsion energy converters is an electric machine;

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 Appendix 1 of 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 thresholds in Table 4A of paragraph 6.8.2 of UN Regulation No 154 or if the OBD system is unable to fulfil the basic monitoring requirements set out in Annex C5 to UN Regulation No 154;

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’ means, in respect of vehicle OBD systems, the key-on, a driving mode where a malfunction would be detected if present, and key-off;

23. ‘third party’ means a third party complying with the requirements of Commission Implementing Regulation (EU) 2022/163⁽³⁾;

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 paragraph 1 of Appendix 1 of Annex C4 to UN Regulation No 154;

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 in running order’ means the mass of the vehicle, with its fuel tank(s) filled to at least 90 per cent of its or their capacity/capacities, including the mass of the driver, fuel and liquids, fitted with the standard equipment in accordance with the manufacturer's specifications and, when they are fitted, the mass of the bodywork, the cabin, the coupling and the spare wheel(s) as well as the tools;

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 manufacturer’ means a manufacturer whose worldwide annual production is less than 10 000 units for the year prior to the one for which the type approval is granted and:

    1. is not part of a group of connected manufacturers; or

    2. is part of a group of connected manufacturers whose worldwide annual production is less than 10 000 units for the year prior to the one for which the type approval is granted; or

    3. is part of a group of connected manufacturers but operates its own production facilities and own design centre;

33. ‘own production facility’ means a manufacturing or assembly plant used by the manufacturer for the purpose of manufacturing or assembling new vehicles for that manufacturer, including, where relevant, vehicles which are intended for export;

34. ‘own design centre’ means a facility in which the whole vehicle is designed and developed, and which is under the control and use of the manufacturer;

35. ‘ultra-small-volume manufacturers’ means a small volume manufacturer as defined in point (32) which has registrations of less than 1 000 in the Community for the year prior to the one the type approval is granted;

36. ‘pure ICE vehicle’ means a vehicle where all of the propulsion energy converters are internal combustion engines;

37. ‘Pure electric vehicle’ (PEV) means a vehicle equipped with a powertrain containing exclusively electric machines as propulsion energy converters and exclusively rechargeable electric energy storage systems as propulsion energy storage systems;

38. ‘Fuel cell’ means an energy converter transforming chemical energy (input) into electrical energy (output) or vice versa;

39. ‘Fuel cell vehicle’ (FCV) means a vehicle equipped with a powertrain containing exclusively fuel cell(s) and electric machine(s) as propulsion energy converter(s);

40. ‘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 power and the maximum 30 minutes power of electric drive train), and determined under reference atmospheric conditions;

41. ‘rated engine power’ (Prated) means the maximum net power of the engine or motor in kW measured in accordance with the requirements of Annex XX;

42. ‘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 UN/ECE Regulation No 85⁽⁴⁾;

43. ‘cold start’ means, in the context of the in use performance ratio of OBD monitors, an engine coolant temperature or equivalent temperature at engine start less than or equal to 35 °C and less than or equal to 7 °C higher than ambient temperature, if available;

44. ‘Real driving emissions (RDE)’ means the emissions of a vehicle under its normal conditions of use;

45. ‘Portable emissions measurement system’ (PEMS) means a portable emissions measurement system meeting the requirements specified in Appendix 1 to Annex IIIA;

46. ‘Base Emission Strategy’, (‘BES’) means an emission strategy that is active throughout the speed and load operating range of the vehicle unless an Auxiliary Emission Strategy is activated;

47. ‘Auxiliary Emission Strategy’, (‘AES’) means an emission strategy that becomes active and replaces or modifies a BES for a specific purpose and in response to a specific set of ambient or operating conditions and only remains operational as long as those conditions exist;

48. ‘Fuel tank system’ means the devices which allow storing the fuel, comprising the fuel tank, the fuel filler, the filler cap and the fuel pump when it is fitted in or on the fuel tank;

49. ‘permeability factor’ (PF) means the factor determined on the basis of hydrocarbon losses over a period of time and used to determine the final evaporative emissions;

50. ‘monolayer non-metal tank’ means a fuel tank constructed with a single layer of non-metal material including fluorinated/sulfonated materials;

51. ‘multilayer tank’ means a fuel tank constructed with at least two different layered materials, one of which is a hydrocarbon barrier material;

52. ‘inertia category’ means a category of test masses of the vehicle corresponding to an equivalent inertia as laid down in Table A4a/3 of Annex 4a to UN/ECE Regulation No 83 when the test mass is set equal to the reference mass.