Directive 98/69/EC of the European Parliament and of the Council (repealed)Show full title

ANNEX I

2. The heading reads as follows:

‘SCOPE, DEFINITIONS, APPLICATION FOR EC TYPE-APPROVAL, GRANTING OF EC TYPE-APPROVAL, REQUIREMENTS AND TESTS, EXTENSION OF EC TYPE-APPROVAL, CONFORMITY OF PRODUCTION AND IN-SERVICE VEHICLES, ON-BOARD DIAGNOSTIC (OBD) SYSTEMS’.

3. Section 1:

The first sentence reads as follows:

‘This Directive applies to

• tailpipe emissions at normal and low ambient temperature, evaporative emissions, emissions of crankcase gases, the durability of anti-pollution devices and on-board diagnostic (OBD) systems of motor vehicles equipped with positive-ignition engines,

  and

• tailpipe emissions, the durability of anti-pollution devices and on-board diagnostic (OBD) systems of vehicles of category M₁ and N₁ (1), equipped with compression-ignition engines,

covered by Article 1 of Directive 70/220/EEC in the version of Directive 83/351/EEC, with the exception of those vehicles of categories N₁ for which type-approval has been granted pursuant to Directive 88/77/EEC(2).’

4. New sections 2.13, 2.14, 2.15 and 2.16 are added to read as follows:

‘2.13. ‘OBD’ an on-board diagnostic system for emission control which has the capability of identifying the likely area of malfunction by means of fault codes stored in computer memory.

2.14. ‘In-service test’ means the test and evaluation of conformity conducted in accordance with section 7.1.7 of this Annex.

2.15. ‘Properly maintained and used’ means, for the purpose of a test vehicle, that such a vehicle satisfies the criteria for acceptance of a selected vehicle laid down in section 2 of Appendix 3 to this Annex.

2.16. “Defeat device” means any element of design which senses temperature, vehicle speed, engine RPM, transmission gear, manifold vacuum or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use. Such an element of design may not be considered a defeat device if:

I.

the need for the device is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle,

or

II.

the device does not function beyond the requirements of engine starting, or

III.

conditions are substantially included in the Type 1 or Type VI test procedures.’

5. Sections 3 to 3.2.1 read as follows:

‘3. APPLICATION FOR EC TYPE-APPROVAL

3.1. The application for EC type-approval pursuant to Article 3 (4) of Directive 70/156/EEC of a vehicle type with regard to its tailpipe emissions, evaporative emissions, durability of anti-pollution devices as well as to its on-board diagnostic (OBD) system must be submitted by the vehicle manufacturer.

Should the application concern an on-board diagnostic (OBD) system the procedure described in Annex XI, section 3 must be followed.

3.1.1. Should the application concern an on-board diagnostic (OBD) system, it must be accompanied by the additional information required in section 3.2.12.2.8 of Annex II together with:

3.1.1.1.

a declaration by the manufacturer of:

3.1.1.1.1.

in the case of vehicles equipped with positive-ignition engines, the percentage of misfires out of a total number of firing events that would result in emissions exceeding the limits given in section 3.3.2 of Annex XI if that percentage of misfire had been present from the start of a type I test as described in section 5.3.1 of Annex III;

3.1.1.1.2.

in the case of vehicles equipped with positive-ignition engines, the percentage of misfires out of a total number of firing events that could lead to an exhaust catalyst, or catalysts, overheating prior to causing irreversible damage;

3.1.1.2.

detailed written information fully describing the functional operation characteristics of the OBD system, including a listing of all relevant parts of the vehicle's emission control system, i. e. sensors, actuators and components, that are monitored by the OBD system;

3.1.1.3.

a description of the malfunction indicator (MI) used by the OBD system to signal the presence of a fault to a driver of the vehicle;

3.1.1.4.

the manufacturer must describe provisions taken to prevent tampering with and modification of the emission control computer;

3.1.1.5.

when appropriate, copies of other type-approvals with the relevant data to enable extensions of approvals;

3.1.1.6.

if applicable, the particulars of the vehicle family as referred to in Annex XI, Appendix 2.

3.1.2. For the tests described in section 3 of Annex XI, a vehicle representative of the vehicle type or vehicle family fitted with the OBD system to be approved must be submitted to the technical service responsible for the type-approval test. If the technical service determines that the submitted vehicle does not fully represent the vehicle type or vehicle family described in Annex XI, Appendix 2, an alternative and if necessary an additional vehicle must be submitted for test in accordance with section 3 of Annex XI.

3.2. A model of the information document relating to tailpipe emissions, evaporative emissions, durability and the on-board diagnostic (OBD) system is given in Annex II.

3.2.1. Where appropriate, copies of other type-approvals with the relevant data to enable extension of approvals and establishment of deterioration factors must be submitted.’

6. Sections 4 to 4.2 read as follows:

‘4. GRANTING OF EC TYPE-APPROVAL

4.1. If the relevant requirements are satisfied, EC type-approval is granted pursuant to Article 4 (3) of Directive 70/156/EEC.

4.2. A model of the EC type-approval certificate relating to tailpipe emissions, evaporative emissions, durability and the on-board diagnostic (OBD) system is given in Annex X.’

7. Section 5:

The note is replaced by the following text:

‘Note:

As an alternative to the requirements of this section, vehicle manufacturers whose world-wide annual production is less than 10 000 units may obtain EC type-approval on the basis of the corresponding technical requirements in:

• the California Code of Regulations, Title 13, Sections 1960.1 (f) (2) or (g) (1) and (g) (2), 1960.1 (p) applicable to 1996 and later model year vehicles, 1968.1, 1976 and 1975, applicable to 1995 and later model year light-duty vehicles, published by Barclay's Publishing.

The type-approval authority must inform the Commission of the circumstances of each approval granted under this provision.’

8. Section 5.1.1:

The second paragraph is replaced by the following:

‘The technical measures taken by the manufacturer must be such as to unsure that the tailpipe and evaporative emissions are effectively limited, pursuant to this Directive, throughout the normal life of the vehicle and under normal conditions of use. This will include the security of those hoses and their joints and connections, used within the emission control systems, which must be so constructed as to conform with the original design intent.

For tailpipe emissions, these provisions are deemed to be met if the provisions of sections 5.3.1.4 (type-approval) and section 7 (conformity of production and in-service vehicles) respectively are complied with.

For evaporative emissions, these provisions are deemed to be met if the provisions of section 5.3.4 (type-approval) and section 7 (conformity of production) are complied with.’

The former third and fourth paragraphs are deleted and replaced by a new paragraph reading as follows:

‘The use of a defeat device is prohibited.’.

9. A new section 5.1.3 is added to read as follows:

‘5.1.3. Provision must be made to prevent excess evaporative emissions and fuel spillage caused by a missing fuel filler cap.

This may be achieved by using one of the following:

• an automatically opening and closing, non-removable fuel filler cap,

• design features which avoid excess evaporative emissions in the case of a missing fuel filler cap,

• any other provision which has the same effect. Examples may include, but are not limited to, a tethered filler cap, a chained filler cap ore one utilizing the same locking key for the filler cap as for the vehicle's ignition. In this case the key must be removable from the filler cap only in the locked condition.’

10. Figure I.5.2 is replaced by the following new figure:

‘Figure I.5.2

Different routes for type-approval and extensions

a The Commission will as soon as possible, but not later than 31 December 1999, propose value limits for Classes II and III, in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC. These value limits shall be applied no later than 2003.
b The Commission will study further the question of extending the type-approval test to vehicles in Categories M2 and N2 with a reference mass not exceeding 2 840 kg and put forward proposals no later than 2004 in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC, for measures to be applied in 2005.’
Type-approval test	Positive-ignition engined vehicles of categories M and N	Compression-ignition engined vehicles of categories M1 and N1
Type I	Yes (maximum mass ≤ 3,5 t)	Yes (maximum mass ≤ 3,5 t)
Type II	Yes	—
Type III	Yes	—
Type IV	Yes (maximum mass ≤ 3,5 t)	—
Type V	Yes (maximum mass ≤ 3,5 t)	Yes (maximum mass ≤ 3,5 t)
Type VI	Yes (vehicles in Category M1 and Category N1, Class 1a	—
Extension	Section 6	Section 6 M2 and N2 with reference mass not more than 2 840 kgb
On-board diagnostics	Yes in accordance with section 8.1	Yes in accordance with section 8.2 and 8.3

11. Section 5.1:

New section 5.1.4 is added, as follows:

‘5.1.4. Provisions for electronic system security

5.1.4.1. Any vehicle with an emission control computer must include features to deter modification, except as authorised by the manufacturer. The manufacturer shall authorise modifications if these modifications are necessary for the diagnosis, servicing, inspection, retrofitting or repair of the vehicle. Any reprogrammable computer codes or operating parameters must be resistant to tampering and the computer and any related maintenance instructions must conform to the provisions in ISO DIS 15031-7. Any removable calibration memory chips must be potted, encased in a sealed container or protected by electronic algorithms and must not be changeable without the use of specialized tools and procedures.

5.1.4.2. Computer-coded engine operating parameters must not be changeable without the use of specialized tools and procedures (e. g. soldered or potted computer components or sealed (or soldered) computer enclosures).

5.1.4.3. In the case of mechanical fuel-injection pumps fitted to compression-ignition engines, manufacturers must take adequate steps to protect the maximum fuel delivery setting from tampering while a vehicle is in service.

5.1.4.4. Manufacturers may apply to the approval authority for an exemption to one of these requirements for those vehicles which are unlikely to require protection. The criteria that the approval authority will evaluate in considering an exemption will include, but are not limited to, the current availability of performance chips, the high-performance capability of the vehicle and the projected sales volume of the vehicle.

5.1.4.5. Manufacturers using programmable computer code systems (e. g. Electrical Erasable Programmable Read-Only Memory, EEPROM) must deter unauthorized reprogramming. Manufacturers must include enhanced tamperprotection strategies including data encryption using methods to secure the encryption algorithm and write protect features requiring electronic access to an off-site computer maintained by the manufacturer. Comparable methods may be considered by the authority if they give the same level of protection.’

12. Sections 5.2.1 and 5.2.3 are replaced by the following:

‘5.2.1. Positive-ignition engined vehicles must be subject to the following tests:

• Type I (verifying the average tailpipe emissions after a cold start),

• Type II (carbon monoxide emission at idling speed),

• Type III (emission of crankcase gases),

• Type IV (evaporation emissions),

• Type V (durability of anti-pollution control devices),

• Type VI (verifying the average low ambient temperature carbon monoxide and hydrocarbon tailpipe emissions after a cold start,

• OBD-test.

‘5.2.3. Compression-ignition engined vehicles must be subject to the following tests:

• Type I (verifying the average tailpipe emissions after a cold start)

• Type V (durability of anti-pollution control devices)

• and, where applicable, OBD test.’’

13. Section 5.3.1.4:

• After the first paragraph a new table is inserted to read as follows:

  a For compression ignition engines
  b Except vehicles the maximum mass of which exceeds 2 500 kg.
  c And those Category M vehicles which are specified in note 2.’
  			‘Reference mass(RW)(kg)	Limit values
  				Mass of carbon monoxide(CO)		Mass of hydrocarbons(HC)		Mass of oxides of nitrogen(NOx)		Combined mass of hydrocarbons and oxides of nitrogen(HC + NOx)		Mass of particulatesa(PM)
  				L1(g/km)		L2(g/km)		L3(g/km)		L2 + L3(g/km)		L4(g/km)
  Category		Class		Petrol	Diesel	Petrol	Diesel	Petrol	Diesel	Petrol	Diesel	Diesel
  A (2000)	Mb	—	all	2,3	0,64	0,20	—	0,15	0,50	—	0,56	0,05
  	N1 c	I	RW ≤ 1305	2,3	0,64	0,20	—	0,15	0,50	—	0,56	0,05
  		II	1305 < RW ≤ 1760	4,17	0,80	0,25	—	0,18	0,65	—	0,72	0,07
  		III	1760 < RW	5,22	0,95	0,29	—	0,21	0,78	—	0,86	0,10
  B (2005)	Mb	—	all	1,0	0,50	0,10	—	0,08	0,25	—	0,30	0,025
  	N1 c	I	RW ≤ 1305	1,0	0,50	0,10	—	0,08	0,25	—	0,30	0,025
  		II	1305 < RW ≤ 1760	1,81	0,63	0,13	—	0,10	0,33	—	0,39	0,04
  		III	1760 < RW	2,27	0,74	0,16	—	0,11	0,39	—	0,46	0,6

14. A new section 5.3.5 is added as follows:

‘5.3.5.(3) Type VI test (verifying the average low ambient temperature carbon monoxide and hydrocarbon tailpipe emissions after a cold start).

5.3.5.1. This test must be carried out on all M₁ and N₁ Class I(4) vehicles equipped with a positive-ignition engine, except vehicles designed to carry more than six occupants and vehicles whose maximum mass exceeds 2 500 kg.

5.3.5.1.1. The vehicle is placed on a chassis dynamometer equipped with a means of load an inertia simulation.

5.3.5.1.2. The test consists of the four elementary urban driving cycles of part one of the Type I test. The Part One test is described in Annex III, Appendix 1 and illustrated in figures III.1.1 and III.1.2 of the Appendix. The low ambient temperature test lasting a total of 780 seconds must be carried out without interruption and start at engine cranking.

5.3.5.1.3. The low ambient temperature test must be carried out at an ambient test temperature of 266 ^oK (-7 ^oC). Before the test is carried out the test vehicles must be conditioned in a uniform manner to ensure that the test results may be reproducible. The conditioning and other test procedures are carried out as described in Annex VII.

5.3.5.1.4. During the test the exhaust gases are diluted and a proportional sample collected. The exhaust gases of the vehicle tested are diluted, sampled and analysed, following the procedure described in Annex VII, and the total volume of the diluted exhaust is measured. The diluted exhaust gases are analysed for carbon monoxide and hydrocarbons.

5.3.5.2. Subject to the requirements in 5.3.5.2.2 and 5.3.5.3 the test must be performed three times. The resulting mass of carbon monoxide and hydrocarbon emission must be less than the limits shown in the table below:

Test temperature	Carbon monoxideL1 (g/km)	HydrocarbonsL2 (g/km)
266 oK (- 7 oC)	15	1,8

5.3.5.2.1. Notwithstanding the requirements of 5.3.5.2, for each pollutant, not more than one of the three results obtained may exceed the limit prescribed by not more than 10 %, provided the arithmetical mean value of the three results is below the prescribed limit. Where the prescribed limits are exceeded for more than one pollutant it is immaterial whether this occurs in the same test or in different tests.

5.3.5.2.2. The number of tests prescribed in 5.3.5.2 may, at the request of the manufacturer, be increased to 10 provided that the arithmetical mean of the first three results falls between 100 % to 110 % of the limit. In this case, the requirement after testing is only that the arithmetical mean of all 10 results must be less than the limit value.

5.3.5.3. The number of tests prescribed in 5.3.5.2 may be reduced according to 5.3.5.3.1 and 5.3.5.3.2.

5.3.5.3.1. Only one test is performed if the result obtained for each pollutant of the first test is less than or equal to 0,70 L.

5.3.5.3.2. If the requirement of 5.3.5.3.1 is not satisfied, only two tests are performed if for each pollutant the result of the first test is less than or equal to 0,85 L and the sum of the first two results is less than or equal to 1,70 L and the result of the second test is less than or equal to L.

(V₁ ≤ 0,85 L and V₁ + V₂ ≤ 1,70 L and V₂ ≤ L).’

15. The former section 5.3.5 is renumbered as 5.3.6 and 5.3.6.3 is amended as follows:

a For compression-ignition engined vehicles.
‘Engine Category	Deterioration factors
	CO	HC	NOx	HC + NOx a	Particulates
Positive-ignition engines	1,2	1,2	1,2	—	—
Compression-ignition engines	1,1	—	1,0	1,0	1,2

5.3.6.3. Deterioration factors are determined using either the procedure in 5.3.6.1 or using the values in the table in 5.3.6.2. The deterioration factors are used to establish compliance with the requirements of 5.3.1.4.’

16. Insert new section 5.3.7:

‘5.3.7. Emissions data required for roadworthiness testing

5.3.7.1. This requirement applies to all vehicles powered by a positive-ignition engine for which EC type-approval is sought in accordance with this Directive.

5.3.7.2. When tested in accordance with Annex IV (type II test) at normal idling speed:

• the carbon monoxide content by volume of the exhaust gases emitted must be recorded,

• the engine speed during the test must be recorded, including any tolerances.

5.3.7.3. When tested at ‘high idle’ speed (i. e. > 2 000 min^-1):

• the carbon monoxide content by volume of the exhaust gases emitted must be recorded,

• the Lambda value(5) must be recorded.

• the engine speed during the test must be recorded, including any tolerances.

5.3.7.4. The engine oil temperature at the time of the test must be measured and recorded.

5.3.7.5. The table in section 1.9 of the Appendix to Annex X must be completed.

5.3.7.6. The manufacturer must confirm the accuracy of the Lambda value recorded at the time of type-approval in section 5.3.7.3 as being representative of typical production vehicles within 24 months of the date of the granting of type-approval by the technical service. An assessment must be made on the basis of surveys and studies of production vehicles.

17. Section 6.1 is amended as follows:

‘6.1. Tailpipe emission related extension (type I, type II and type VI tests).’

18. Sections 6.1.2.1, 6.1.2.2 and 6.1.2.3 are amended as follows:

‘6.1.2.1. Fore each of the transmission rations used in the type I and type VI tests, ... (rest unchanged).

6.1.2.2. If, for each gear ratio, E ≤ 8 %, the extension is granted without repeating the type I and type VI tests.

6.1.2.3. If, for at least one gear ratio, E ≤ 8 %, and if, for each gear ratio, E ≤13 %, the type I and type VI tests must be repeated, ... (rest unchanged).’

19. A new section 6.4 is added to read as follows:

‘6.4. On-board diagnostics

6.4.1. Approval granted to a vehicle type with respect to the OBD system may be extended to different vehicle types belonging to the same vehicle-OBD family as described in Annex XI, Appendix 2. The engine emission control system must be identical to that of the vehicle already approved and comply with the description of the OBD engine family given in Annex XI, Appendix 2, regardless of the following vehicle characteristics:

• engine accessories,

• tyres,

• equivalent inertia,

• cooling system,

• overall gear ratio,

• transmission type,

• type of bodywork.’

20. Section 7.1 is amended as follows:

‘7.1. Measures to ensure the conformity of production must be taken in accordance with the provisions of Article 10 of Directive 70/156/EEC, as last amended by Directive 96/27/EEC (whole vehicle type-approval). That Article entrusts the manufacturer with the responsibility for taking measures to ensure the conformity of production to the type approved. Conformity of production is checked on the basis of the description in the type-approval certificate set out in Annex X to this Directive.

As a general rule, conformity of production with regard to limitation of tailpipe and evaporative emissions from the vehicle is checked on the basis of the description in the type-approval certificate set out in Annex X and, where necessary, of all or some of the tests of types I, II, III and IV described in section 5.2.

Conformity of in-service vehicles

With reference to type-approvals granted for emissions, these measures must also be appropriate for confirming the functionality of the emission control devices during the normal useful life of the vehicles under normal conditions of use (conformity of in-service vehicles properly maintained and used). For the purpose of this Directive these measures must be checked for a period of up to 5 years of age or 80 000 km, whichever is the sooner, and from 1 January 2005, for a period of up to five years of age or 100 000 km, whichever is the sooner.

7.1.1. Audit of in-service conformity by the type-approval authority is conducted on the basis of any relevant information that the manufacturer has, under procedures similar to those defined in Article 10 (1) and (2), and in Annex 10 (1) and (2) of Directive 70/156/EEC.

An audit of in-service conformity will be conducted by the type-approval authority on the basis of information supplied by the manufacturer. Such information must include:

• relevant surveillance test data obtained in accordance with applicable requirements and test procedures, together with full information for each tested vehicle such as vehicle status, use history, service conditions and other relevant factors;

• relevant information on service and repair measures,

• other relevant tests and observations recorded by the manufacturer, including especially records of indications from the OBD system.(6)

7.1.2. The information gathered by the manufacturer must be sufficiently comprehensive to ensure that in-service performance can be assessed for normal conditions of use as defined in 7.1, and in a way representative of the manufacturer's geographic market penetration.(6)’

Sections 7.1. to 7.1.3 are renumbered as 7.1.3 to 7.1.5.

21. A new title and section 7.1.6 are added to read as follows:

‘On-board Diagnostics (OBD)

7.1.6. If a verification of the performance of the OBD system is to be carried out, it must be conducted in accordance with the following:

7.1.6.1. When the approval authority determines that the quality of production seems unsatisfactory a vehicle is randomly taken from the series and subjected to the tests described in Annex XI, Appendix 1.

7.1.6.2. The production is deemed to conform if this vehicle meets the requirements of the tests described in Annex XI, Appendix 1.

7.1.6.3. If the vehicle taken from the series does not satisfy the requirements of section 7.1.6.1 a further random sample of four vehicles must be taken from the series and subjected to the tests described in Annex XI, Appendix 1. The tests may be carried out on vehicles which have been run in for no more than 15 000 km.

7.1.6.4. The production is deemed to conform if at least 3 vehicles meet the requirements of the tests described in Annex XI, Appendix 1.’

22. A new section 7.1.7. is added as follows:

‘ 7.1.7. On the basis of the audit referred to in 7.1.1, the type-approval authority must either:

• decide that conformity in use is satisfactory and not take any further action, or

• decide that the information is insufficient or the conformity of vehicles in use is unsatisfactory, and proceed to have vehicles tested in accordance with Appendix 3 to this Annex.

7.1.7.1. Where type I tests are considered necessary to check the conformity of emission control devices with the requirements for their performance while in service, such tests must be carried out using a test procedure meeting the statistical criteria defined in Appendix 4 to this Annex.

7.1.7.2. The type-approval authority, in cooperation with the manufacturer, must select a sample of vehicles with sufficient mileage whose use under normal conditions can be reasonably assured. The manufacturer must be consulted on the choice of the vehicles in the sample and be allowed to attend the confirmatory checks of the vehicles.

7.1.7.3. The manufacturer is authorized, under the supervision of the type-approval authority, to carry out checks, even of a destructive nature, on those vehicles with emission levels in excess of the limit values with a view to establishing possible causes of deterioration which cannot be attributed to the manufacturer himself (e. g. use of leaded petrol before the test date). Where the results of the checks confirm such causes, those test results are excluded from the conformity check.

7.1.7.4. Where the type-approval authority is not satisfied with the results of the tests in accordance with the criteria defined in Appendix 4, the remedial measures referred to in Article 11 (2) and in Annex X to Directive 70/156/EEC are extended to vehicles in service belonging to the same vehicle type which are likely to be affected with the same defects in accordance with section 6 of Appendix 3.

The plan of remedial measures presented by the manufacturer must be approved by the type-approval authority. The manufacturer is responsible for the execution of the remedial plan as approved.

The type-approval authority must notify its decision to all Member States within 30 days. The Member States may require the same plan of remedial measures be applied to all vehicles of the same type registered in their territory.

7.1.7.5. If a Member State has established that a vehicle type does not conform to the applicable requirements of Appendix 3 to this Annex, it must notify without delay the Member State which granted the original type-approval in accordance with the requirements of Article 11 (3) of Directive 70/156/EEC.

Then, subject to the provision of Article 11(6) of Directive 70/156/EEC, the competent authority of the Member State which granted the original type-approval shall inform the manufacturer that a vehicle type fails to satisfy the requirements of these provisions and that certain measures are expected of the manufacturer. The manufacturer shall submit to the authority, within two months after this notification, a plan of measures to overcome the defects, the substance of which should correspond to the requirements of sections 6.1 to 6.8 of Appendix 3. The competent authority which granted the original type-approval shall, within two months, consult the manufacturer in order to secure agreement on a plan of measures and on carrying out the plan. If the competent authority which granted the original type-approval establishes that no agreement can be reached, the procedure pursuant to Article 11(3) and (4) of Directive 70/156/EEC shall be initiated.’

23. Section 8 is deleted.

24. A new section 8 is added to read as follows:

8. ON-BOARD DIAGNOSTIC (OBD) SYSTEM FOR MOTOR VEHICLES

8.1. Vehicles of Category M₁ and N₁ equipped with positive-ignition engines must be fitted with an onboard diagnostic (OBD) system for emission control in accordance with Annex XI.

8.2. Vehicles of category M₁ equipped with compression-ignition engines, except

• vehicles designed to carry more than six occupants including the driver,

• vehicles whose maximum mass exceeds 2 500 kg,

from 1 January 2003 for new types and from 1 January 2004 for all types, must be fitted with an on-board diagnostic (OBD) system for emission control in accordance with Annex XI.

Where new types of compression-ingnition engined vehicles entering into service prior to this date are fitted with an OBD system, the provisions of sections 6.5.3 to 6.5.3.5 of Annex XI, Appendix 1, are applicable.

8.3. New types of Category M₁ exempted by section 8.2, and new types of vehicles in Category N₁ class I equipped with compression-ignition engines, must, from 1 January 2005, be fitted with an on-board diagnostic (OBD) system for emission control in accordance with Annex XI. New types of vehicles in Category N₁ Classes II and III equipped with compression-ignition engines must, from 1 January 2006, be fitted with on-board diagnostic (OBD) systems for emission control in accordance with Annex XI.

Where compression-ignition engined vehicles entering into service prior to the dates given in this section are fitted with OBD systems, the provisions of sections 6.5.3 to 6.5.3.5 of Annex XI, Appendix 1, are applicable.

8.4. Vehicles of other Categories

Vehicles of other Categories or vehicles of Category M₁ and N₁ not covered by 8.1, 8.2 or 8.3, may be fitted with an on-board diagnostic system. In this case, sections sections 6.5.3 to 6.5.3.5 of Annex XI, Appendix 1, are applicable.

25. New Appendices 3 and 4 are added as follows:

‘Appendix 3 IN-SERVICE CONFORMITY CHECK

1. INTRODUCTION

This Appendix sets out the criteria referred to in section 7.1.7 of this Annex regarding the selection of vehicles for testing and the procedures for the in-service conformity control.

2. SELECTION CRITERIA

The criteria for acceptance of a selected vehicle are defined in sections 2.1 to 2.8 of this Appendix. Information is collected by vehicle examination and an interview with the owner/driver.

2.1. The vehicle must belong to a vehicle type that is type-approved under this Directive and covered by a certificate of conformity in accordance with Directive 70/156/EEC. It must be registered and used in the European Community.

2.2. The vehicle must have been in service for at least 15 000 km or 6 months, whichever is the later, and for no more than 80 000 km or 5 years, whichever is the sooner.

2.3. There must be a maintenance record to show that the vehicle has been properly maintained, e. g. has been serviced in accordance with the manufacturer's recommendations.

2.4. The vehicle must exhibit no indications of abuse (e. g. racing, overloading, misfuelling, or other misuse), or other factors (e. g. tampering) that could affect emission performance. In the case of vehicles fitted with an OBD system, the fault code and mileage information stored in the computer are taken into account. A vehicle must not be selected for testing if the information stored in the computer shows that the vehicle has operated after a fault code was stored and a relatively prompt repair was not carried out.

2.5. There must have been no unauthorized major repair to the engine or major repair of the vehicle.

2.6. The lead content and sulphur content of a fuel sample from the vehicle tank must meet applicable standards and there must be no evidence of misfuelling. Checks may be done in the tailpipe, etc.

2.7. There must be no indication of any problem that might jeopardize the safety of laboratory personnel.

2.8. All anti-pollution system components on the vehicle must be in conformity with the applicable type-approval.

3. DIAGNOSIS AND MAINTENANCE

Diagnosis and any normal maintenance necessary must be performed on vehicles accepted for testing, prior to measuring exhaust emissions, in accordance with the procedure laid down in section 3.1 to 3.7.

3.1. The following checks must be carried out: checks on air filter, all drive belts, all fluid levels, radiator cap, all vacuum hoses and electrical wiring related to the antipollution system for integrity; checks on ignition, fuel metering and anti-pollution device components for maladjustments and/or tampering. All discrepancies must be recorded.

3.2. The OBD system shall be checked for proper functioning. Any malfunction indications in the OBD memory must be recorded and the requisite repairs must be carried out. If the OBD malfunction indicator registers a malfunction during a preconditioning cycle, the fault may be identified and repaired. The test may be re-run and the results of that repaired vehicle used.

3.3. The ignition system must be checked and defective components replaced, for example spark plugs, cables, etc.

3.4. The compression must be checked. If the result is unsatisfactory the vehicle is rejected.

3.5. The engine parameters must be checked to the manufacturer's specifications and adjusted if necessary.

3.6. If the vehicle is within 800 km of a scheduled maintenance service, that service must be performed according to the manufacturer's instructions. Regardless of odometer reading, the oil and air filter may be changed at the request of the manufacturer.

3.7. Upon acceptance of the vehicle, the fuel must be replaced with appropriate emission test reference fuel, unless the manufacturer accepts the use of market fuel.

4. IN-SERVICE TESTING

4.1. When a check on vehicles is deemed necessary, emission tests in accordance with Annex III to this Directive are performed on pre-conditioned vehicles selected in accordance with the requirements of sections 2 and 3 of this Appendix.

4.2. Vehicles equipped with an OBD system may be checked for proper in-service functionality of the malfunction indication, etc., in relation to levels of emissions (e. g. the malfunction indication limits defined in Annex XI to this Directive) for the type-approved specifications.

4.3. The OBD system may be checked, for example, for levels of emissions above the applicable limit values with no malfunction indication, systematic erroneous activation of the malfunction indication and identified faulty or deteriorated components in the OBD system.

4.4. If a component or system operates in a manner not covered by the particulars in the type-approval certificate and/or information package for such vehicle types and such deviation has not been authorized under Article 5 (3) or (4) of Directive 70/156/EEC, with no malfunction indication by the OBD, the component or system must not be replaced prior to emission testing, unless it is determined that the component or system has been tampered with or abused in such a manner that the OBD does not detect the resulting malfunction.

5. EVALUATION OF RESULTS

5.1. The test results are submitted to the evaluation procedure in accordance with Appendix 4 to this Annex.

5.2. Test results must not be multiplied by deterioration factors.

6. PLAN OF REMEDIAL MEASURES

6.1. When the type-approval authority is certain that a vehicle type is not in conformity with the requirements of these provisions, it must request the manufacturer to submit a plan of remedial measures to remedy the non-compliance.

6.2. The plan of remedial measures must be filed with the type-approval authority not later than 60 working days from the date of the notification referred to in section 6.1. The type-approval authority must within 30 working days declare its approval or disapproval of the plan of remedial measures. However, where the manufacturer can demonstrate, to the satisfaction of the competent type-approval authority, that further time is required to investigate the non-compliance in order to submit a plan of remedial measures, an extension is granted.

6.3. The remedial measures must apply to all vehicles likely to be affected by the same defect. The need to amend the type-approval documents must be assessed.

6.4. The manufacturer must provide a copy of all communications related to the plan of remedial measures, and must also maintain a record of the recall campaign, and supply regular status reports to the type-approval authority.

6.5. The plan of remedial measures must include the requirements specified in 6.5.1 to 6.5.11. The manufacturer must assign a unique identifying name or number to the plan of remedial measures.

6.5.1. A description of each vehicle type included in the plan of remedial measures.

6.5.2. A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to bring the vehicles into conformity including a brief summary of the data and technical studies which support the manufacturer's decision as to the particular measures to be taken to correct the non-conformity.

6.5.3. A description of the method by which the manufacturer informs the vehicle owners.

6.5.4. A description of the proper maintenance or use, if any, which the manufacturer stipulates as a condition of eligibility for repair under the plan of remedial measures, and an explanation of the manufacturer's reasons for imposing any such condition. No maintenance or use conditions may be imposed unless it is demonstrably related to the non-conformity and the remedial measures.

6.5.5. A description of the procedure to be followed by vehicle owners to obtain correction of the non-conformity. This must include a date after which the remedial measures may be taken, the estimated time for the workshop to perform the repairs and where they can be done. The repair must be done expediently, within a reasonable time after delivery of the vehicle.

6.5.6. A copy of the information transmitted to the vehicle owner.

6.5.7. A brief description of the system which the manufacturer uses to assure an adequate supply of component or systems for fulfilling the remedial action. It must be indicated when there will be an adequate supply of components or systems to initiate the campaign.

6.5.8. A copy of all instructions to be sent to those persons who are to perform the repair.

6.5.9. A description of the impact of the proposed remedial measures on the emissions, fuel consumption, driveability, and safety of each vehicle type, covered by the plan of remedial measures with data, technical studies, etc. which support these conclusions.

6.5.10. Any other information, reports or data the type-approval authority may reasonably determine is necessary to evaluate the plan of remedial measures.

6.5.11. Where the plan of remedial measures includes a recall, a description of the method for recording the repair must be submitted to the type-approval authority. If a label is used, an example of it must be submitted.

6.6. The manufacturer may be required to conduct reasonably designed and necessary tests on components and vehicles incorporating a proposed change, repair, or modification to demonstrate the effectiveness of the change, repair, or modification.

6.7. The manufacturer is responsible for keeping a record of every vehicle recalled and repaired and the workshop which performed the repair. The type-approval authority must have access to the record on request for a period of 5 years from the implementation of the plan of remedial measures.

6.8. The repair and/or modification or addition of new equipment shall be recorded in a certificate supplied by the manufacturer to the vehicle owner.

Appendix 4(7) STATISTICAL PROCEDURE FOR IN-SERVICE CONFORMITY TESTING

1. This Appendix describes the procedure to be used to verify the in-service conformity requirements for the type I test.

2. Two different procedures are to be followed:

1.

One dealing with vehicles identified in the sample, due to an emission-related defect, causing outliers in the results (section 3).

2.

The other dealing with the total sample (section 4).

3. PROCEDURE TO BE FOLLOWED WITH OUTLYING EMITTERS IN THE SAMPLE.

3.1. A vehicle is said to be an outlying emitter, when for any regulated component the limit value as shown in section 5.3.1.4 of Annex I is exceeded significantly.

3.2. With a minimum sample size of 3, and a maximum sample size as determined by the procedure of paragraph 4, the sample is scanned for the occurrence of outlying emitters.

3.3. When an outlying emitter is found, the cause of the excess emission must be determined.

3.4. When more than one vehicle is found to be an outlying emitter, due to the same cause, the sample is regarded as having failed.

3.5. When only one outlying emitter has been found, or when more than one outlying emitter is found, but due to different causes, the sample is increased by one vehicle, unless the maximum sample size has already been reached.

3.5.1. When in the increased sample more than one vehicle is found to be an outlying emitter, due to the same cause, the sample is regarded as having failed.

3.5.2. When in the maximum sample size not more than one outlying emitter is found, where the excess emission is due to the same cause, the sample is regarded as having passed with regard to the requirements of section 3 of this Appendix.

3.6. Whenever a sample is increased due to the requirements of 3.5, the statistical procedure of paragraph 4 is applied to the increased sample.

4. PROCEDURE TO BE FOLLOWED WITHOUT SEPARATE EVALUATION OF OUTLYING EMITTERS IN THE SAMPLE.

4.1. With a minimum sample size of three the sampling procedure is set so that the probability of a batch passing a test with 40 % of the production defective is 0,95 (producer's risk = 5 %) while the probability of a batch being accepted with 75 % of the production defective is 0,15 (consumer's risk = 15 %).

4.2. For each of the pollutants given in section 6.2.1 of Annex I, the following procedure is used (see Figure 1/7).

Where

L

=

the limit value for the pollutant,

X_i

=

the value of the measurement for the i-th vehicle of the sample,

n

=

the current sample number.

4.3. The test statistic quantifying the number of non-conforming vehicles, i. e. x_i > L, is computed for the sample.

4.4. Then:

• if the test statistic does not exceed the pass decision number for the sample size given in the following table, a pass decision is reached for the pollutant,

• if the test statistic equals or exceeds the fail decision number for the sample size given in the following table, a fail decision is reached for the pollutant,

• otherwise, an additional vehicle is tested and the procedure is applied to the sample with one extra unit.

In the following table the pass and fail decision numbers are computed in accordance with the International Standard ISO 8422:1991.

5. A sample is regarded as having passed the test when it has passed both the requirements of sections 3 and 4 of this Appendix.

Table for Acceptance — Rejection Sampling Plan by Attributes

Cumulative sample size	Pass decision number	Fail decision number
3	0	—
4	1	—
5	1	5
6	2	6
7	2	6
8	3	7
9	4	8
10	4	8
11	5	9
12	5	9
13	6	10
14	6	11
15	7	11
16	8	12
17	8	12
18	9	13
19	9	13
20	11	12

Figure I.7

’

(1)

As defined in Part A of Annex II to Directive 70/156/EEC.

(2)

OJ L 36, 9.2.1998, p. 33.

(3)

This section is applicable to new types from 1 January 2002.

(4)

The Commission will, as soon as possible, but not later than 31 December 1999, propose limit values for Classes II and III, in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC. These limit values shall be applied no later than 2003.

(5)

The Lambda value must be calculated using the simplified Brettschneider equation as follows:

Where:

[ ]

=

Concentration in % vol.

K1

=

Conversion factor for NDIR measurement to FID measurement (provided by manufacturer of measurement equipment)

Hcv

=

Atomic ratio of hydrogen to carbon [1,7261]

Ocv

=

Atomic ratio of oxygen to carbon [0,0175].

(6)

Sections 7.1.1 and 7.1.2 will be re-examined and completed without delay in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC while taking into account the particular problems associated with vehicles in Category N₁ and with the vehicles in Category M referred to in footnote 2 to the table in section 5.3.1.4. Proposals must be submitted in good time for their adoption before the dates laid down in Article 2(3).

(7)

The provisions laid down in Appendix 4 must be re-examined and completed without delay in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.