This Regulation lays down provisions for uniform procedures and technical specifications for EU type-approval of vehicles of categories M, N and O, as well as of systems, components and separate technical units in accordance with Articles 4(7), 8(3), and 10(3) of Regulation (EU) 2019/2144 of the European Parliament and of the Council.
Commission Implementing Regulation (EU) 2021/535 of 31 March 2021 laying down rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications for the type-approval of vehicles, and of systems, components and separate technical units intended for such vehicles, as regards their general construction characteristics and safety (Text with EEA relevance)
Commission Implementing Regulation (EU) 2021/535 of 31 March 2021 laying down rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications for the type-approval of vehicles, and of systems, components and separate technical units intended for such vehicles, as regards their general construction characteristics and safety (Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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) 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166(1), and in particular Articles 4(7), 8(3) and 10(3) thereof,
Whereas:
Regulation (EC) No 78/2009 of the European Parliament and of the Council(2), Regulation (EC) No 79/2009 of the European Parliament and of the Council(3), Regulation (EC) No 661/2009 of the European Parliament and of the Council(4) and Commission Regulations (EC) No 631/2009(5), (EU) No 406/2010(6), (EU) No 672/2010(7), (EU) No 1003/2010(8), (EU) No 1005/2010(9), (EU) No 1008/2010(10), (EU) No 1009/2010(11), (EU) No 19/2011(12), (EU) No 109/2011(13), (EU) No 65/2012(14), (EU) No 130/2012(15), (EU) No 347/2012(16), (EU) No 351/2012(17), (EU) No 1230/2012(18) and (EU) 2015/166(19) are repealed as of 6 July 2022. Their provisions should be carried over and, where necessary, amended to take account of current practice and technological developments.
Provisions concerning uniform procedures and technical specifications for type-approval of vehicles and of certain systems, components and separate technical units regarding their general safety should be laid down in this Regulation.
The scope of this Regulation should be in line with that of Regulation (EU) 2019/2144, in particular as defined in its Annex II.
The provisions concerning the type-approval procedures set out in Regulation (EU) 2018/858 of the European Parliament and of the Council(20), and in particular in Chapters III and IV thereof, apply to the type-approval of vehicles, systems, components and separate technical units covered by this Regulation.
To allow for a consistent approach with regard to the information to be provided in the information document referred to in Article 24(1)(a) of Regulation (EU) 2018/858, the information relevant for each type of vehicle system, component or separate technical unit in the scope of this Regulation should be further specified.
The EU type-approval certificate, referred to in Article 28(1) of Regulation (EU) 2018/858, to be issued for each type of vehicle system, component or separate technical unit in the scope of this Regulation, should be based on the respective Model template laid down in Annex III to Commission Implementing Regulation (EU) 2020/683(21). However, the addendum to each certificate should contain the information specific to the respective vehicle system, component or separate technical unit as defined in this Regulation.
It is in particular necessary to set out specific provisions for type-approval in accordance with Article 30(1) of Regulation (EU) 2018/858 of the European Parliament and of the Council concerning virtual testing and Article 72(1) concerning in-house technical service, based on the requirements of the UN regulations listed in Annex II to Regulation (EU) 2019/2144.
It is in principle not possible to obtain type-approval in accordance with UN regulations in the case of installed components or separate technical units which have only a valid EU type-approval. However, this should be made possible for the purposes of EU type-approval according to Regulation (EU) 2019/2144, based on the requirements of the UN regulations listed in Annex II to that Regulation.
UN regulations contain specific provisions on the particulars that must accompany an application for type-approval. In the context of the procedures provided for in this Regulation, those particulars should equally be indicated in the information folder.In order to harmonise further the provisions concerning the space for mounting and fixing of registration plates, the requirements applicable for rear registration plate space should be complemented to also cover the front registration plate space.
In order to prevent clerical errors in the vehicle identification number (VIN), the VIN should contain a check digit and the method of calculation of that check digit should be defined.
Article 6(5) of Regulation (EU) 2018/858 provides the possibility for granting EU type-approvals to vehicles exceeding the harmonised dimensions. Member States may, however, decide not to allow the circulation on the road, the placing on the market, the registration or the entry into service of such vehicles. Therefore, it is necessary that the derogation from the maximum authorised dimensions set out in this Regulation is clearly indicated in the type-approval certificate and the certificate of conformity of the vehicles concerned.
Global harmonisation of safety requirements with respect to hydrogen-powered vehicles is an important step to promote alternative fuel vehicles. UN Regulation No 134(22) applies in the Union, however, it does not contain any requirements on material compatibility and hydrogen embrittlement for hydrogen systems and components for hydrogen-powered vehicles. Such requirements are necessary to ensure a high level of safety as regards material selection in hydrogen systems.
Specific provisions for liquefied hydrogen storage systems as well as geometries of the fuelling receptacles are also not yet included in UN regulation 134, whereas they need to be carried over from Regulation (EC) No 79/2009 to ensure consistency.
Sufficient time is needed for manufacturers to adjust to the new requirements with regard to the statutory markings and the space for mounting and fixing of the front registration plates. Therefore, transitional provisions are needed to ensure that those requirements will first apply to new vehicle types.
As far as this Regulation does not modify the requirements under Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council, type-approvals granted to vehicles, systems, components or separate technical units in accordance with those Regulations should remain valid and extensions of such approvals should remain possible under the terms of the repealed acts.
The empowerments contained in Articles 4(7), 8(3) and 10 (3) of Regulation (EU) 2019/2144 aim at the introduction of uniform procedures and technical specifications for type-approval of vehicles, and of systems, components and separate technical units intended for such vehicles, as regards certain general characteristics of their construction and safety. As those empowerments are closely linked by their subject matter, they should be bundled in this Regulation.
As the relevant provisions set out in Regulation (EU) 2019/2144 shall apply from 6 July 2022, the application of this Regulation should also be deferred to that date.
The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles,
HAS ADOPTED THIS REGULATION:
CHAPTER I SUBJECT MATTER AND DEFINITIONS
Article 1 Subject matter
This Regulation also provides for uniform procedures allowing type-approval in one or more of the following cases:
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of vehicle systems where components and separate technical units bearing an EU type-approval mark are applied instead of an UN type-approval mark in the context of the requirements set out in the UN regulations listed in Annex II to Regulation (EU) 2019/2144 and,
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where a manufacturer is designated as technical service in accordance with Article 72(1) and Annex VII to Regulation (EU) 2018/858 of the European Parliament and of the Council, with regard to the requirements set out in the UN regulations listed in Annex II to Regulation (EU) 2019/2144, and
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where virtual testing in accordance with Article 30(7) and Annex VIII to Regulation (EU) 2018/858 of the European Parliament and of the Council, with regard to the requirements set out in the UN regulations listed in Annex II to Regulation (EU) 2019/2144, has been applied.
Article 2 Definitions
For the purposes of this Regulation, the following definitions shall apply:
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‘vehicle type’ means a set of vehicles as defined in Part B of Annex I to Regulation (EU) 2018/858;
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‘vehicle type with regard to the statutory markings’ means vehicles which do not differ in such essential respects as:
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the composition of the vehicle identification number;
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the characteristics and location of the statutory markings;
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‘statutory plate’ means a plate or label, affixed by the manufacturer on a vehicle that provide the main technical characteristics which are necessary for the identification of the vehicle and provides the competent authorities with the relevant information concerning the permissible maximum laden masses;
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‘vehicle identification number (VIN)’ means the alphanumeric code assigned to a vehicle by the manufacturer in order to ensure proper identification of every vehicle;
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‘vehicle type with regard to the space for mounting and fixing of registration plates’ means vehicles which do not differ in such essential respects as:
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the dimensions of the space for mounting and fixing of the front and rear registration plates;
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the location of the space for mounting and fixing of the front and rear registration plates;
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the shape of the surface for mounting and fixing of the front and rear registration plates;
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‘vehicle type with regard to the windscreen wiper and washer system’ means vehicles which do not differ in such essential respects as the characteristics of the wiper and washer system or the shape, size and characteristics of the windscreen and its mounting;
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‘type of windscreen washer system’ means a group of windscreen washer systems which do not differ in such essential respects as the pump performance, materials used, storage capacity, number of nozzles, sizes, wall thicknesses or shape of the washer system;
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‘windscreen wiper system’ means the system consisting of a device for wiping the outer face of the windscreen, together with the accessories and controls necessary for starting and stopping the device;
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‘windscreen washer system’ means the system consisting of devices for storing, transferring and aiming fluid towards the outer face of the windscreen, together with the controls necessary for starting and stopping the device;
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‘vehicle type with regard to wheel guards’ means vehicles which do not differ in such essential respects as the characteristics of the wheel guards or the minimum and maximum tyre and wheel sizes suitable for fitment, taking into account the applicable tyre envelopes, rim sizes and wheel off-sets;
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‘vehicle type with regard to the windscreen defrosting and demisting systems’ means vehicles which do not differ in such essential respects as:
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the characteristics of the defrosting and demisting systems;
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the external and internal forms and arrangements within the 180o forward field of vision area of the driver which may affect visibility;
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the shape, size, thickness and characteristics of the windscreen and its mounting;
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the maximum number of seating positions;
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‘defrosting system’ means the system intended to eliminate frost or ice on the outside surface of the windscreen;
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‘demisting system’ means the system intended to remove mist on the inside surface of the windscreen;
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‘vehicle type with regard to the towing devices’ means vehicles which do not differ in such essential respects as the characteristics of the towing devices;
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‘towing device’ means a device in the shape of a hook, eye or other form, to which a connecting part, such as a towing bar or towing rope, can be fitted;
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‘vehicle type with regard to spray suppression’ means complete, incomplete or completed vehicles, which do not differ with respect to the following aspects:
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type of spray suppression device installed on the vehicle;
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manufacturer's spray suppression system type designation;
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‘type of spray suppression device’ means devices which do not differ with respect to the following main characteristics:
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the physical principle adopted in order to reduce emissions (water-energy absorption, air/water separator);
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materials;
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shape;
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dimensions, in so far as they may influence the behaviour of the material;
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‘spray suppression system’ means a system that reduces the pulverization of water thrown upwards by the tyres of a vehicle in motion and which is made up of a mudguard, rain flaps and valances equipped with a spray suppression device;
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‘spray suppression device’ means part of the spray suppression system, which may comprise an air/water separator and an energy absorber;
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‘vehicle type with regard to the gear shift indicator (GSI)’ means vehicles which do not differ in such essential respects as the functional characteristics of the GSI and the logic used by the GSI to determine when to indicate a gearshift point, including:
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upshifts indicated at specified engine speeds;
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upshifts indicated when specific fuel consumption engine maps show that a specified minimum fuel consumption improvement will be delivered in the higher gear;
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upshifts indicated when torque demand can be met in the higher gear;
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‘functional characteristics of the GSI’ means the set of input parameters, such as engine speed, power demand, torque and their variation in time, determining the GSI indication and the functional dependence of the GSI indications on these parameters;
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‘vehicle type with regard to vehicle access’ means vehicles which do not differ in such essential respects as the characteristics of door entry steps, handholds and running boards;
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‘vehicle type with regard to reversing motion’ means vehicles which do not differ in such essential respects as the characteristics of the reversing device;
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‘vehicle type with regard to the masses and dimensions’ means vehicles which do not differ in any of the following aspects:
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trade name or mark of their manufacturer;
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classification;
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main function;
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‘aerodynamic devices and equipment’ means devices or equipment that are designed to reduce the aerodynamic drag of road vehicles with the exception of elongated cabs;
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‘type of hydrogen storage system’ means an assembly of components which do not differ in such essential respects as the state of stored hydrogen fuel or compressed gas, the nominal working pressure, the structure, materials, capacity and physical dimensions of the container as well as the structure, materials and essential characteristics of the pressure relief devices, check valves and shut-off valves;
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‘vehicle type with regard to hydrogen safety’ means a group of vehicles which do not differ in such essential respects as the basic configuration and main characteristics of the vehicle’s hydrogen fuel system;
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‘type of hydrogen component’ means a group of hydrogen components which do not differ in such essential respects as the state of stored hydrogen fuel or compressed gas, the function of the component and its structure, materials and physical dimensions.