Commission Regulation (EU) 2023/443 of 8 February 2023 amending Regulation (EU) 2017/1151 as regards the emission type approval procedures for light passenger and commercial vehicles (Text with EEA relevance)

‘1 In order to receive an EC type-approval with regard to emissions, the manufacturer shall demonstrate that the vehicles comply with the requirements of this Regulation when tested in accordance with the test procedures specified in Annexes IIIA to VIII, XI, XVI, XX, XXI and XXII. The manufacturer shall also ensure that the reference fuels comply with the specifications set out in Annex IX.’;

‘7 Mono-fuel gas vehicles shall be tested in the Type 1 test for variation in the composition of either LPG or NG/biomethane, as set out in Annex B6 to UN Regulation No 154 for pollutant emissions, with the fuel used for the measurement of the net power in accordance with Annex XX of this Regulation. Bi-fuel gas vehicles shall be tested with petrol and either LPG or NG/biomethane. The tests on LPG or NG/biomethane shall be performed for variation in the composition of LPG or NG/biomethane, as set out in Annex B6 to UN Regulation No 154 for pollutant emissions, and with the fuel used for the measurement of the net power in accordance with Annex XX of this Regulation.’

‘11 The manufacturer shall ensure that, throughout the normal life of a vehicle which is type approved in accordance with Regulation (EC) No 715/2007, its final RDE emission results as determined in accordance with Annex IIIA and emitted at any Type 1a test performed in accordance with that Annex, do not exceed the emission limits for NOx and PN. Type approval in accordance with Regulation (EC) No 715/2007 may only be issued if the vehicle is part of a validated PEMS test family in accordance with point 3.3 of Annex IIIA.’;

‘4 When tested with a defective component in accordance with Appendix 1 of Annex C5 to UN Regulation No 154, the OBD system malfunction indicator shall be activated. The OBD system malfunction indicator may also activate during this test at levels of emissions below the OBD thresholds specified in Table 4A of paragraph 6.8.2 of UN Regulation No 154.

5 The manufacturer shall ensure that the OBD system complies with the requirements for in-use performance set out in Section 1 of Appendix 1 to Annex XI under all reasonably foreseeable driving conditions.

6 In-use performance related data to be stored and reported by a vehicle's OBD system according to the provisions of Section 1 of Appendix 1 to Annex XI shall be made readily available by the manufacturer to national authorities and independent operators without any encryption.’;

‘1 The manufacturer shall submit to the approval authority an application for EC type-approval of a vehicle with regard to emissions.’;

‘12 The manufacturer shall also provide the type approval authority which granted the emission type-approval under this Regulation (“granting type approval authority”) with a package on testing transparency containing the necessary information in order to allow the performance of testing in accordance with point 5.9 of Annex II. Once the electronic platform for ISC is ready, the manufacturer shall also upload all required data into the platform for all its vehicles. The information in the transparency lists shall be limited to the prescribed information required by Appendix 5 of Annex II.’

‘1 If all the relevant requirements are met, the approval authority shall grant an EC type-approval and issue a type-approval number in accordance with the numbering system set out in Annex IV to Commission Implementing Regulation (EU) 2020/683 . Without prejudice to the provisions of Annex IV to Regulation (EU) 2020/683, Section 3 of the type-approval number shall be drawn up in accordance with Appendix 6 to Annex I. An approval authority shall not assign the same number to another vehicle type.

‘2 By way of derogation from paragraph 1, at the request of the manufacturer, a vehicle with an OBD system may be accepted for type-approval with regard to emissions, even though the system contains one or more deficiencies such that the specific requirements of Annex XI are not fully met, provided that the specific administrative provisions set out in Section 3 of that Annex are complied with. The approval authority shall notify the decision to grant such a type approval to all approval authorities in the other Member States in accordance with the requirements set out in Article 27 of Regulation (EU) 2018/858.’;

‘1 Measures to ensure the conformity of production shall be taken in accordance with Article 31 of Regulation (EU) 2018/858. The provisions laid down in Section 4 of Annex I to this Regulation and the relevant statistical method in Appendix 2 of UN Regulation No 154 shall apply.’;

‘1 Measures to ensure in-service conformity of vehicles type-approved under this Regulation shall be taken in accordance with the conformity of production arrangements as laid down in Article 31 of Regulation (EU) 2018/858,Annex IV to Regulation (EU) 2018/858 and Annex II to this Regulation.’;

‘5 The manufacturer and the granting type approval authority shall perform in-service conformity checks in accordance with Annex II. Other type approval authorities, technical services, the Commission and third parties may perform parts of the in-service conformity checks in accordance with Annex II. The data required to perform such checks are regulated in the Commission Implementing Regulation 2022/163 and Annex II of this Regulation.

‘7 If a type approval authority, technical service, the Commission or a third party has established that an in-service conformity family fails the in-service conformity check, it shall notify without delay the granting type approval authority, in accordance with Article 54(1) of Regulation (EU) 2018/858. Following that notification and subject to the provisions of Article 54(5) of Regulation (EU) 2018/858, the granting approval authority shall inform the manufacturer that an in-service conformity family fails the in-service conformity checks and that the procedures laid out in points 6 and 7 of Annex II shall be followed. If the granting approval authority establishes that no agreement can be reached with a type approval authority that has established that an in-service conformity family fails the in-service conformity check, the procedure pursuant to Article 54(5) of Regulation (EU) 2018/858 shall be initiated.’;

‘8 In addition to paragraphs 1 to 7, the following shall apply to vehicles type approved in accordance with Annex II. (a) vehicles submitted to multi-stage type-approval, as defined in Article 3(8) of Regulation EU 2018/858, shall be checked for in-service conformity in accordance with the provisions for multistage approval set out in point 5.10.6 of Annex II to this Regulation. (b) hearses as specified in Appendix 1 of Part III of Annex II to Regulation EU 2018/858, armoured vehicles as defined in Appendix 2 of Part III of Annex II to Regulation EU 2018/858 and wheelchair accessible vehicles as defined in Appendix 3 of Part III of Annex II to Regulation EU 2018/858 shall not be subject to the provisions of this Article. All other special purpose vehicles as defined in Appendix 4 of Part III of Annex II to Regulation EU 2018/858, shall be checked for in- service conformity in accordance with the rules for multistage type-approvals set out in Annex II to this Regulation.’;

‘1 The manufacturer shall ensure that replacement pollution control devices intended to be fitted to EC type-approved vehicles covered by the scope of Regulation (EC) No 715/2007 are EC type-approved, as separate technical units within the meaning of Article 10(2) of Directive 2007/46/EC, in accordance with Articles 12 and 13 and Annex XIII to this Regulation. Catalytic converters and particulate filters shall be considered to be pollution control devices for the purposes of this Regulation. The relevant requirements shall be deemed to be met if the replacement pollution control devices have been approved according to UN/ECE Regulation No 103 .

‘12 For vehicle types with an existing valid type approval issued before 1 September 2023, new type approval testing shall not be required if the manufacturer declares to the type approval authority that compliance with the requirements of this Regulation is ensured. Requirements not related to the testing of the vehicle, including required declarations and data requirements, apply.

13 For vehicle types with an existing valid type approval issued according to emission standard Euro 6e for which a manufacturer requests an approval according to emission standard Euro 6e-bis , new type approval testing shall not be required if the manufacturer declares to the type approval authority that compliance with the requirements of the Euro 6e-bis emission standard is ensured. Requirements not related to the testing of the vehicle, including required declarations and data requirements, apply.

14 For vehicle types with an existing valid type approval issued according to emission standard Euro 6e-bis for which a manufacturer requests an approval according to emission standard Euro 6e-bis-FCM , new type approval testing shall not be required if the manufacturer declares to the type approval authority that compliance with the requirements of the Euro 6e-bis-FCM emission standard is ensured. Requirements not related to the testing of the vehicle, including required declarations and data requirements, apply.

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 1 September 2023. However, from 1 March 2023, national authorities shall not refuse to grant EU type approval for a new type of vehicle or grant extension for an existing type of vehicle, or prohibit registration, placing on the market or entry into service of a new vehicle, where the vehicle concerned complies with this regulation, if a manufacturer so requests.