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)

1 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.

2 This Regulation also provides for uniform procedures allowing type-approval in one or more of the following cases: (a) 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, (b) 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 (c) 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.

For the purposes of this Regulation, the following definitions shall apply: (1) ‘vehicle type’ means a set of vehicles as defined in Part B of Annex I to Regulation (EU) 2018/858; (2) ‘vehicle type with regard to the statutory markings’ means vehicles which do not differ in such essential respects as: (a) the composition of the vehicle identification number; (b) the characteristics and location of the statutory markings; (3) ‘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; (4) ‘vehicle identification number (VIN)’ means the alphanumeric code assigned to a vehicle by the manufacturer in order to ensure proper identification of every vehicle; (5) ‘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: (a) the dimensions of the space for mounting and fixing of the front and rear registration plates; (b) the location of the space for mounting and fixing of the front and rear registration plates; (c) the shape of the surface for mounting and fixing of the front and rear registration plates; (6) ‘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; (7) ‘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; (8) ‘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; (9) ‘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; (10) ‘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; (11) ‘vehicle type with regard to the windscreen defrosting and demisting systems’ means vehicles which do not differ in such essential respects as: (a) the characteristics of the defrosting and demisting systems; (b) the external and internal forms and arrangements within the 180o forward field of vision area of the driver which may affect visibility; (c) the shape, size, thickness and characteristics of the windscreen and its mounting; (d) the maximum number of seating positions; (12) ‘defrosting system’ means the system intended to eliminate frost or ice on the outside surface of the windscreen; (13) ‘demisting system’ means the system intended to remove mist on the inside surface of the windscreen; (14) ‘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; (15) ‘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; (16) ‘vehicle type with regard to spray suppression’ means complete, incomplete or completed vehicles, which do not differ with respect to the following aspects: (a) type of spray suppression device installed on the vehicle; (b) manufacturer's spray suppression system type designation; (17) ‘type of spray suppression device’ means devices which do not differ with respect to the following main characteristics: (a) the physical principle adopted in order to reduce emissions (water-energy absorption, air/water separator); (b) materials; (c) shape; (d) dimensions, in so far as they may influence the behaviour of the material; (18) ‘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; (19) ‘spray suppression device’ means part of the spray suppression system, which may comprise an air/water separator and an energy absorber; (20) ‘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: (a) upshifts indicated at specified engine speeds; (b) upshifts indicated when specific fuel consumption engine maps show that a specified minimum fuel consumption improvement will be delivered in the higher gear; (c) upshifts indicated when torque demand can be met in the higher gear; (21) ‘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; (22) ‘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; (23) ‘vehicle type with regard to reversing motion’ means vehicles which do not differ in such essential respects as the characteristics of the reversing device; (24) ‘vehicle type with regard to the masses and dimensions’ means vehicles which do not differ in any of the following aspects: (a) trade name or mark of their manufacturer; (b) classification; (c) main function; (25) ‘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; (26) ‘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; (27) ‘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; (28) ‘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.

1 In one or more of the cases referred to in Article 1(2) of this Regulation, applications for approval of a type of vehicle, system, component or separate technical unit, in accordance with the requirements set out in the UN regulations listed in Annex II to Regulation (EU) 2019/2144, shall be submitted to the type-approval authority by manufacturers or their representatives, using the model information document laid down in Part 1 of Annex I.

2 Any EU or UN type-approved components and separate technical units which are installed on a vehicle or incorporated within a second component or separate technical unit need not to be fully described in terms of their particulars in the information document referred to in paragraph 1 where the type-approval certificate numbers and markings are provided in the information document and the relevant type-approval certificates, with their attachments, are made available to the type-approval authority.

3 Components and separate technical units which have a valid EU type-approval mark shall be accepted even in cases where they are applied instead of components and separate technical units that are required to bear an UN type-approval mark in accordance with Regulation (EU) 2019/2144 and the delegated acts and implementing acts adopted pursuant to it, setting out provisions in areas covered by UN regulations.

1 Where the type of vehicle, system, component or separate technical unit, presented for type-approval, complies with the relevant technical requirements in the UN regulations, the EU type-approval certificate, issued by the type-approval authority in accordance with Article 28(1) of Regulation (EU) 2018/858, shall follow the model set out in Part 2 of Annex I together with the completed communication form corresponding to the relevant model in the applied UN regulation with the entry of its UN type-approval number left blank.

2 Each component or separate technical unit conforming to a type in respect of which a type-approval has been granted pursuant to Regulation (EU) 2019/2144 shall bear an EU separate technical unit type-approval mark in accordance with paragraph 4 of Annex V to Regulation (EU) 2020/683.

1 A separate application for EU type-approval of a vehicle type as regards each of the following items shall be submitted to the type-approval authority by manufacturers or their representatives, using the respective model information document in accordance with Article 24(1)(a) of Regulation (EU) 2018/858: (a) the lay-out and the location of the statutory plate and the composition and the location of the vehicle identification number, using the model containing the information listed in Part 1 of Annex II; (b) the space for mounting and fixing of front and rear registration plates, using the model containing the information listed in Part 1 of Annex III; (c) the windscreen wiper and washer systems, using the model containing the information listed in Annex IV, Part 1, Section A; (d) the wheel guards, using the model containing the information listed in Part 1 of Annex V; (e) the windscreen defrosting and demisting systems, using the model containing the information listed in Part 1 of Annex VI; (f) the towing devices, using the model containing the information listed in Part 1 of Annex VII; (g) the spray suppression system, using the model containing the information listed in Annex VIII, Part 1, Section A; (h) the gear shift indicator, using the model containing the information listed in Part 1 of Annex IX; (i) the vehicle access, using the model containing the information listed in Part 1 of Annex X; (j) the reversing motion, using the model containing the information listed in Part 1 of Annex XI; (k) the vehicle masses and dimensions, using the model containing the information listed in Annex XIII, Part 1, Section A; (l) in case of hydrogen-powered vehicles, the vehicle fuel system of which incorporates liquefied hydrogen storage system (LHSS) or compressed hydrogen storage system (CHSS), using the model containing the information listed in Annex XIV, Part 1, Section A.

2 The application for the EU type-approval of a type of vehicle as regard the gear shift indicator referred to in point (h) of paragraph 1 shall be submitted together with a declaration of the manufacturer that the vehicle complies with the relevant technical specifications set out in this Regulation and a certificate drawn up in accordance with the model set out in the Appendix to Part 1 of Annex IX.

3 The manufacturer shall, when requested by the approval authority or the technical service, make available, for test purposes, a vehicle representative of the type to be approved.

1 Where the technical specifications set out in Part 2 of Annexes II to XIII and in Annex XIV, Part 2, Sections D and E with regard to the respective requirements listed in Annex II to Regulation (EU) 2019/2144 are met, the type-approval authority shall grant an EU type-approval and issue a type-approval certificate number in accordance with the method set out in Annex IV of Commission Implementing Regulation (EU) 2020/683.

2 The EU type-approval certificate, referred to in Article 28(1) of Regulation (EU) 2018/858, shall be drawn up in accordance with: (a) Part 3 of Annex II for the item referred to in point (a) of Article 5(1); (b) Part 3 of Annex III for the item referred to in point (b) of Article 5(1); (c) Annex IV, Part 3, Section A for the item referred to in point (c) of Article 5(1); (d) Part 3 of Annex V for the item referred to in point (d) of Article 5(1); (e) Part 3 of Annex VI for the item referred to in point (e) of Article 5(1); (f) Part 3 of Annex VII for the item referred to in point (f) of Article 5(1); (g) Annex VIII, Part 3, Section A for the item referred to in point (g) of Article 5(1); (h) Part 3 of Annex IX for the item referred to in point (h) of Article 5(1); (i) Part 3 of Annex X for the item referred to in point (i) of Article 5(1); (j) Part 3 of Annex XI for the item referred to in point (j) of Article 5(1); (k) Annex XIII, Part 3, Section A for the item referred to in point (k) of Article 5(1); and (l) Annex XIV, Part 3, Section A for the item referred to in point (l) of Article 5(1).

3 In accordance with the second subparagraph of Article 6(5) of Regulation (EU) 2018/858, an EU type-approval may be granted for vehicles exceeding the maximum authorised dimensions set out in point 1.1. of Sections B, C and D of Part 2 of Annex XIII to this Regulation, in which case the remark ‘maximum authorised dimensions derogation’ shall be included in point 52 of the type-approval certificate and the certificate of conformity.

4 An EU type-approval may be granted for vehicles intended for the transport of indivisible loads, the dimensions of which exceed the maximum authorised dimensions set out in point 1.1. of Sections B, C and D of Part 2 of Annex XIII to this Regulation, in which case the type-approval certificate and the certificate of conformity shall clearly indicate that the vehicle is intended for the transport of indivisible loads only.

Applications for EU separate technical unit type-approval with regard to each of the following systems and equipment shall be drawn up in accordance with the respective model information document as referred to in Article 24(1)(a) of Regulation (EU) 2018/858: (a) the windscreen washer system, using the model containing the information listed in Annex IV, Part 1, Section B; (b) the spray suppression system, using the model containing the information listed in Annex VIII, Part 1, Section B; (c) the frontal protection system, using the model containing the information listed in Part 1 of Annex XII; (d) the aerodynamic device or equipment, using the model containing the information listed in Annex XIII, Part 1, Section B.

1 In accordance with Article 29 of Regulation (EU) 2018/858, where the technical specifications set out in Part 2 of Annex IV to this Regulation with regard to the requirements for the windscreen washer systems, Part 2 of Annex VIII with regard to the spray suppression systems, Part 2 of Annex XII with regard to the frontal protection systems and Annex XIII, Part 2, Section I with regard to the aerodynamic devices and equipment are met, the type-approval authority shall grant an EU separate technical unit type-approval for those types of systems and equipment, and issue a type-approval certificate number in accordance with the method set out in Annex IV to Commission Implementing Regulation (EU) 2020/683.

2 The EU type-approval certificates, issued in accordance with Article 28(1) of Regulation (EU) 2018/858, for the systems and equipment referred to in Article 5 shall be drawn up in accordance with: (a) Annex IV, Part 3, Section B for the system referred to in point (a) of Article 7; (b) Annex VIII, Part 3, Section B for the system referred to in point (b) of Article 7; (c) Annex XII, Part 3, Section B for the system referred to in point (c) of Article 7; (d) Annex XIII, Part 3, Section B for the equipment referred to in point (d) of Article 7.

Applications for EU component type-approval with regard to the following hydrogen components shall be drawn up in accordance with the respective model information document as referred to in Article 24(1)(a) of Regulation (EU) 2018/858 and contain the information listed in Annex XIV, Part 1, Section B: (a) the liquefied hydrogen storage systems (LHSS), including their containers, pressure relief and shut-off devices, with respect to their safety performance and material compatibility; (b) the compressed hydrogen storage systems (CHSS), including their containers and primary closing devices, comprising TPRD, check valve and automatic shut-off valves, with respect to their material compatibility.

1 In accordance with Article 29 of Regulation (EU) 2018/858, where the technical specifications set out in Annex XIV, Part 2, Sections B, C and F, for components referred to in point (a) of Article 9, and Section F, for components referred to in point (b) of that Article, with regard to the respective requirements listed in Annex II to Regulation (EU) 2019/2144 are met, the type-approval authority shall grant an EU component type-approval for the type of hydrogen component and issue a type-approval certificate number in accordance with the method set out in Annex IV to Commission Implementing Regulation (EU) 2020/683.

2 The EU type-approval certificate for the components referred to in Article 9 shall be drawn up in accordance with Annex XIV, Part 3, Section B.

1 The separate technical unit type-approval mark of a type of a system or equipment, as referred to in Article 38(2) of Regulation (EU) 2018/858, shall be composed and fixed in accordance with: (a) Annex IV, Part 3, Section C with regard to the system referred to in point (a) of Article 7; (b) Annex VIII, Part 3, Section C with regard to the system referred to in point (b) of Article 7; (c) Annex XII, Part 3, Section B with regard to the system referred to in point (c) of Article 7; (d) Annex XIII, Part 3, Section C with regard to the devices and equipment referred to in point (d) of Article 7.

2 The component type-approval mark of a type of a component referred to in Article 9 shall be composed and fixed in accordance with Annex XIV, Part 3, Section C.

1 With effect from 6 July 2022, type-approval authorities shall refuse to grant EU type-approval in respect of new types of vehicles, with regard to the check digit of the vehicle identification number, which do not comply with the technical specifications set out in Annex II, Part 2, Section C with regard to the respective requirements listed in Annex II to Regulation (EU) 2019/2144.

2 With effect from 7 July 2026, national authorities shall refuse, on grounds relating to the check digit of the vehicle identification number, the registration, placing on the market and entry into service of vehicles, which do not comply with the technical specifications set out in Annex II, Part 2, Section C with regard to the respective requirements listed in Annex II to Regulation (EU) 2019/2144.

3 With effect from 6 July 2022, type-approval authorities shall refuse to grant EU type-approval in respect of new types of vehicles, with regard to the space for mounting and fixing of the front registration plates, which do not comply with the technical specifications set out in Part 2 of Annex III with regard to the respective requirements listed in Annex II to Regulation (EU) 2019/2144.

4 With effect from 7 July 2026, national authorities shall refuse, on grounds relating to the space for mounting and fixing of the front registration plates, the registration, placing on the market and entry into service of vehicles, which do not comply with the technical specifications set out in Part 2 of Annex III with regard to the respective requirements listed in Annex II to Regulation (EU) 2019/2144.

5 In accordance with Article 15(1) of Regulation (EU) 2019/2144, national authorities shall permit the sale and entry into service of vehicles, systems, components and separate technical units type-approved before 6 July 2022, and continue to grant extension of approvals to those vehicles, systems, components and separate technical units under the terms of Regulation (EC) No 78/2009, Regulation (EC) No 79/2009 or Regulation (EC) No 661/2009 and their implementing measures, as regards the subject matter covered in Annexes II to XIV to this Regulation.

For the purpose of evaluating the need for further developments, manufacturers and type-approval authorities shall make available to the Commission upon request the information set out in Parts 1, 2 and 3 of Annex IX. The information shall be treated in a confidential manner by the Commission and its representatives.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 6 July 2022.