EU – R(EU).../... - Amending Annexes I, II, IV and V to Regulation (EU) 2018/858

 

Has been published a new EU initiative containing a new version of the draft of the proposal for the Commission Delegated Regulation (EU) .../... 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 updates.

This Regulation aims to set out the technical requirements to be applied for the purpose of EU type-approval of vehicles produced in small series and of special purpose vehicles with regard to the systems introduced by Regulation (EU) 2019/2144 of the European Parliament and of the Council and the delegated acts and implementing acts adopted pursuant to it.

The new version of the draft also provides transitional period of two years for the application of the requirements for new vehicle types (7 July 2024) and additional two years for all new vehicles produced in small series and special purpose vehicles (7 July 2026).

The revision also includes all emissions items in all of its annexes including small series.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Proposal Summary

The revised version of the draft aims to amend R(EU) 2018/858 as follows:

• Annex I is amended in accordance with Annex I to this Regulation;

• Annex II is amended in accordance with Annex II to this Regulation;

• Annex IV is amended in accordance with Annex III to this Regulation;

• Annex V is amended in accordance with Annex IV to this Regulation.

The revision of the draft also introduces the following transitional provisions:

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, for which the manufacturer has executed software update that affect the approved characteristics of the vehicles concerned after their registration in such a manner that those vehicles do not comply with Regulation (EU) 2018/858, as amended by Annex II to this Regulation with regard to software update.

With effect from 6 July 2022, national authorities shall not refuse to grant extension to 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 comply with Regulation (EU) 2018/858, as amended by Annex II to this Regulation with regard to software update.

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, for which the manufacturer has executed software update that affect the approved characteristics of the vehicles concerned after their registration in such a manner that those vehicles do not comply with Regulation (EU) 2018/858, as amended by Annex II to this Regulation with regard to software update.

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.

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.

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.

For small series the following transitional provisions are introduced:

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.

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.

 

Annexes Proposal

The proposal for new Regulations amends table 1 of Annex II on Regulatory acts for EU Type-Approval of vehicles produced in unlimited series introducing the following items on Environmental performance and emission related tests and the Access to information and in vehicle software updates: G		ENVIRONMENTAL PERFORMANCE AND EMISSION-RELATED TESTS (G2 to G12)
G1	Sound level	Regulation (EU) No 540/2014	Categories Affected: M and N
G2	Tailipe emissions of vehicle in lab	Regulation (EC) No 715/2007	M1, M2, N1 and N2/STU
G3	Tailipe emissions of engine in lab	Regulation (EC) No 595/2009	STU
G4	Tailipipe emissions on the road	Regulation (EC) No 715/2007 Regulation (EC) No 595/2009	M and N
G5	Durability of tailpipe emissions	Regulation (EC) No 715/2007 Regulation (EC) No 595/2009	M and N/STU
G6	Cranckase emissions	Regulation (EC) No 715/2007 Regulation (EC) No 595/2009	M and N/STU
G7	Evaporative emissions	Regulation (EC) No 715/2007	M1, M2, N1 and N2
G8	Low-tempearture tailpipe emissions in lab	Regulation (EC) No 715/2007	M1, M2, N1 and N2
G9	On-board diagnostics	Regulation (EC) No 715/2007 Regulation (EC) No 595/2009	M and N/STU
G10	Absence of defeat device	Regulation (EC) No 715/2007 Regulation (EC) No 595/2009	M and N
G11	Auxiliary emissions strategies	Regulation (EC) No 715/2007 Regulation (EC) No 595/2009	M and N
G12	Anti-tampering	Regulation (EC) No 715/2007 Regulation (EC) No 595/2009	M and N
G13	Recyclability	Directive 2005/64/EC	M1 and N1
G14	Air-conditioning systems	Directive 2006/40/EC	M1 and N1/STU
H		ACCESS TO INFORMATION AND IN-VEHICLE SOFTWARE UPDATES
H1	Access to vehicle OBD information and vehicle repair and maintenance information	Regulation (EU) 2018/858, Articles 61 to 66 and Annex X	M, N and O
H2	Software update	Regulation (EU) 2018/858, Annex IV [UN Regulation No 156]	M, N and O/STU+Components

 

The following comment is added after the table in the new version of the draft: 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 [OP please insert the date of entry into force of this Regulation] for new whole-vehicle type-approvals and from [OP please insert date of 24 months after the date of entry into force of this Regulation] 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.

The new version of the draft introduces the same items to all the tables, including small series.

For the list of Regulatory acts for EU type approval of fully automated vehicles produced in small series in some items the minimum speed for non-application is raised from 25 km/h to 30 km/h. Other small changes are introduced in this table.

 

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