Commission Implementing Regulation (EU) 2022/163 of 7 February 2022 laying down rules on the application of Regulation (EU) 2018/858 of the European Parliament and of the Council as regards functional requirements for market surveillance of vehicles, systems, components and separate technical units

The adequate scale of the compliance verification checks of vehicles, systems, components and separate technical units performed by the market surveillance authorities shall be established based on the following criteria: (a) the frequency of documentary checks on vehicles, systems, components and separate technical units carried out on vehicles registered in the relevant Member State in the preceding year; (b) the number of tests per year taking into account the requirements set out in Article 8(2) and (3) of Regulation (EU) 2018/858; (c) a hazard ranking of the regulatory acts listed in Annex II to Regulation (EU) 2018/858, based on the risk and the likelihood of the hazard occurring; (d) the number of new vehicles registered in the relevant Member State in the preceding year, by make and commercial name; (e) the substantiated complaints per make and commercial name of vehicles in the previous three years; (f) information exchanged in the Forum in the previous three years; (g) testing results published by third parties in the previous three years, that meet the requirements laid down in Article 6; (h) the percentage of tests allocated to the number of vehicles registered and the percentage of tests allocated to random sampling.

The overview of planned market surveillance checks referred to in Article 8(6) of Regulation (EU) 2018/858 shall be submitted to the Forum in the format set out in Annex I to this Regulation.

The report of the findings following compliance verification checks referred to in Article 8(7) of Regulation (EU) 2018/858 shall be submitted to the Forum in the format set out in Annex II to this Regulation.

The data to be made available by manufacturers to the Commission in order to enable it to carry out the tests and inspections under Article 9 of Regulation (EU) 2018/858 shall include the following: (a) the parameters and settings that are necessary to accurately replicate the test conditions that applied at the time of the type-approval testing, including all test reports referred to in Article 30 of Regulation (EU) 2018/858 and the information relevant to perform the tests and checks required pursuant to that Regulation (EU) 2018/858 and the regulatory acts listed in Annex II to that Regulation; (b) extended documentation packages required under the regulatory acts listed in Annex II to Regulation (EU) 2018/858, including information on auxiliary emission strategies (AES) in accordance with Commission Regulation (EU) 2017/1151, Annex I, Appendix 3a ; (c) the package on testing transparency required for testing vehicles for emissions described in Regulation (EU) 2017/1151, Annex II, point 5.9; (d) a copy of the certificate of conformity of each vehicle to be tested; (e) all other relevant technical information needed to perform tests.

The data to be made available by manufacturers to third parties under Article 13(10) of Regulation (EU) 2018/858 shall include the following: (a) the parameters and settings that are necessary to accurately replicate the test conditions that applied at the time of the type-approval testing, including all test reports referred to in Article 30 of Regulation (EU) 2018/858 and the information relevant to perform the tests and checks required pursuant to that Regulation (EU) 2018/858 and the regulatory acts listed in Annex II to that Regulation; (b) extended documentation packages required under the regulatory acts listed in Annex II to Regulation (EU) 2018/858, including information on AES in accordance with Regulation (EU) 2017/1151, Annex I, Appendix 3a and Commission Regulation (EU) No 582/2011, Annex I, Appendix 11 ; (c) the package on testing transparency required for testing vehicles for emissions described in Regulation (EU) 2017/1151, Annex II, point 5.9; (d) a copy of the certificate of conformity of each vehicle to be tested; (e) all other relevant technical information needed to perform tests.

1 For the purposes of demonstrating their legitimate interests in the fields of public safety or environmental protection pursuant to Article 13(10) of Regulation (EU) 2018/858, third parties shall fulfil the following requirements: (a) they are a natural or legal person established under the law of a Member State; (b) they shall be non-governmental and non-profit-making; (c) they shall not be involved in aspects of the type-approval or in the process of the design, manufacturing, supply or maintenance of a vehicle, system, component or separate technical unit; (d) they shall provide a declaration stating that they observe confidentiality in the context of the protection of commercial secrets and the preservation of personal data and that their personnel observe professional secrecy with regard to all information provided by the manufacturers, including the EU type-approval certificate and its attachments and the data made available in accordance with Article 5; (e) they shall demonstrate that they have recourse to adequate testing facilities in accordance with the requirements of paragraph 2 of this Article.

2 For the purposes of demonstrating that third parties have recourse to adequate testing facilities for the purposes of compliance checks and tests, these facilities shall fulfil the following requirements: (a) they are not involved in the process of the design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit that they assess, test or inspect; (b) they are accredited in accordance with the requirements set out in standard EN ISO/IEC 17025:2017 on the general requirements for the competence of testing and calibration laboratories and the scope of that accreditation covers the tests it carries out under the regulatory acts listed in Annex II to Regulation (EU) 2018/858; (c) they are accredited in accordance with the requirements set out in standard EN ISO/IEC 17020:2012 on general criteria for the operation of various types of bodies performing inspection or alternatively the purpose of the accreditation according to EN ISO/IEC 17025:2017 is extended to cover the inspection procedure; (d) they shall provide a declaration stating that they observe confidentiality in the context of the protection of commercial secrets and the preservation of personal data and that their personnel observe professional secrecy with regard to all information provided by the manufacturers, including the EU type-approval certificate and its attachments and the data made available in accordance with Article 5.

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