In-service conformity
Article 12
1
Measures to ensure in-service conformity of vehicles or engine systems type-approved under this Regulation or Directive 2005/55/EC of the European Parliament and of the Council shall be taken in accordance with Article 31 of Regulation (EU) 2018/858, and complying with the requirements of Annex II to this Regulation in the case of vehicles or engine systems type-approved under this Regulation and with the requirements of Annex XII to this Regulation in the case of vehicles or engine systems type-approved under Directive 2005/55/EC.
2
The technical measures taken by the manufacturer shall be such as to ensure that the tailpipe emissions are effectively limited, throughout the normal life of the vehicles under normal conditions of use. The conformity with the provisions of this Regulation shall be checked over the normal useful life of an engine system installed in a vehicle under normal conditions of use as specified in Annex II to this Regulation.
3
The manufacturer shall report the results of the in-service testing to the approval authority which granted the original type-approval in accordance with the initial plan submitted at type-approval. Any deviation from the initial plan shall be justified to the satisfaction of the approval authority.
4
If the approval authority which granted the original type-approval is not satisfied with the manufacturer’s reporting in accordance with Section 10 of Annex II, or has reported evidence of unsatisfactory in-service conformity, the authority may order the manufacturer to run a test for confirmatory purposes. The approval authority shall examine the confirmatory test report supplied by the manufacturer.
5
Where the approval authority which granted the original type-approval is not satisfied with the results of in-service tests or confirmatory tests in accordance with the criteria set out in Annex II, ... it shall require the manufacturer to submit a plan of remedial measures to remedy the non-conformity in accordance with Article 13 and Section 9 of Annex II.
6
The Secretary of State may conduct and report their own surveillance testing, based on the in-service conformity testing procedure set out in Annex II. Information on the procurement, maintenance, and manufacturer’s participation in the activities shall be recorded. ...
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OJ L 275, 20.10.2005, p. 1.
Words in Art. 12(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 65(13)(a)
Words in Art. 12(5) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 65(13)(b)
Words in Art. 12(6) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 65(13)(c)(i)
Words in Art. 12(6) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 65(13)(c)(ii)
Words in Art. 12(6) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 65(13)(c)(iii)
Art. 12(7)-(10) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 65(13)(d)