COMMISSION REGULATION (EU) No 64/2012
of 23 January 2012
amending Regulation (EU) No 582/2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (1), and in particular Article 4(3), Article 5(4), Article 6(2) and Article 12 thereof,
Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (2), and in particular Article 39(7) thereof,
Whereas:
(1)
Regulation (EC) No 595/2009 establishes common technical requirements for the type-approval of motor vehicles and replacement parts with regard to their emissions and lays down rules for in-service conformity, durability of pollution control devices, on-board diagnostic (OBD) systems, measurement of fuel consumption and accessibility of vehicle repair and maintenance information.
(2)
In accordance with Article 3(15) of Commission Regulation (EU) No 582/2011 of 25 May 2011 implementing and amending Regulation (EC) No 595/2009 of the European Parliament and of the Council with respect to emissions from heavy duty vehicles (Euro VI) and amending Annexes I and III to Directive 2007/46/EC of the European Parliament and of the Council (3), vehicles and engines are to be type-approved in accordance with Regulation (EC) No 595/2009 and its implementing measures only once measurement procedures for measuring PM number as set out in Annex I to Regulation (EC) No 595/2009, any specific provisions regarding multi-setting engines that are needed and provisions implementing Article 6 of Regulation (EC) No 595/2009 have been adopted. Therefore, it is appropriate to amend Regulation (EU) No 582/2011 in order to include such requirements.
(3)
In accordance with Article 6 of Regulation (EC) No 595/2009, Articles 6 and 7 of Regulation (EC) No 715/2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (4) shall apply mutatis mutandis. Therefore, it is appropriate to carry over to this Regulation the provisions on access to repair and maintenance information set out in Regulation (EC) No 715/2007 and its implementing measures. However, it is necessary to adapt those provisions in order to take into account the specificities of the heavy-duty vehicles.
(4)
In particular, it is appropriate to adopt specific procedures for access to vehicle repair and maintenance information in accordance with Article 6(1) of Regulation (EC) No 595/2009 in the case of multi-stage type-approval. It is also appropriate to adopt specific requirements and procedures for access to vehicle repair and maintenance information in the case of customer adaptations and small volume production. Finally, it is appropriate to make reference to the specific standards for reprogramming developed for the heavy-duty vehicles.
(5)
Application of the provisions on access to repair and maintenance information may be too burdensome for vehicle manufacturers in the short term with respect to certain systems which are carried over from old vehicle types to new vehicle types. It is therefore appropriate to introduce certain limited derogations from the general provisions on access to vehicle OBD and vehicle repair and maintenance information.
(6)
Provisions on the access to OBD and vehicle repair and maintenance information for the purposes of the design and manufacture of automotive equipment for alternative fuel vehicles should be set once type-approval for such equipment becomes possible.
(7)
In accordance with Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (5), speed limitation devices are to be installed by workshops or bodies approved by the Member States. In accordance with Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (6), only approved workshops may calibrate recording equipment in motor vehicles. It is therefore appropriate to exclude the information concerning the reprogramming of control units for speed limitation devices and recording equipment from the provisions on giving access to repair and maintenance information.
(8)
Regulation (EU) No 582/2011 should therefore be amended accordingly.
(9)
The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee - Motor Vehicles,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 582/2011 is amended as follows:
(1)
in Article 2, the following points (42), (43) and (44) are added:
‘(42)
“customer adaptation” means any change to a vehicle, system, component or separate technical unit made at the specific request of a customer and subject to approval;
(43)
“vehicle OBD information” means information relating to an on-board diagnostic system for any electronic system on the vehicle;
(44)
“carry-over system” means a system, as defined in Article 3(23) of Directive 2007/46/EC, carried over from an old type of vehicle to a new type of vehicles.’;
(2)
the following Articles 2a to 2h are inserted:
‘Article 2a
Access to vehicle OBD and vehicle repair and maintenance information
1. Manufacturers shall put in place the necessary arrangements and procedures, in accordance with Article 6 of Regulation (EC) No 595/2009 and Annex XVII to this Regulation, to ensure that vehicle OBD and vehicle repair and maintenance information is accessible through websites using a standardised format in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provisions given or access granted to authorised dealers and repairers. Manufacturers shall also make training material available to independent operators and authorised dealers and repairers.
2. Approval authorities shall only grant type-approval after receiving from the manufacturer a Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.
3. The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall serve as the proof of compliance with Article 6 of Regulation (EC) No 595/2009.
4. The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall be drawn up in accordance with the model set out in Appendix 1 of Annex XVII.
5. The vehicle OBD and vehicle repair and maintenance information shall include the following:
(a)
an unequivocal identification of the vehicle, system, component or separate technical unit for which the manufacturer is responsible;
(b)
service handbooks, including service and maintenance records;
(c)
technical manuals;
(d)
component and diagnosis information (such as minimum and maximum theoretical values for measurements);
(e)
wiring diagrams;
(f)
diagnostic trouble codes, including manufacturer specific codes;
(g)
the software calibration identification number applicable to a vehicle type;
(h)
information provided concerning, and delivered by means of, proprietary tools and equipment;
(i)
data record information and two-directional monitoring and test data;
(j)
standard work units or time periods for repair and maintenance tasks if they are made available to authorised dealers and repairers of the manufacturer either directly or through a third party;
(k)
in case of multi-stage type-approval, the information required under Article 2b.
6. Authorised dealers or repairers within the distribution system of a given vehicle manufacturer shall be regarded as independent operators for the purposes of this Regulation to the extent that they provide repair or maintenance services for vehicles in respect of which they are not members of the vehicle manufacturer’s distribution system.
7. The vehicle repair and maintenance information shall always be available, except as required for maintenance purposes of the information system.
8. For the purposes of manufacture and servicing of OBD-compatible replacement or service parts and diagnostic tools and test equipment, manufacturers shall provide the relevant vehicle OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested component, diagnostic tools or test equipment manufacturer or repairer.
9. The manufacturer shall make subsequent amendments and supplements to vehicle repair and maintenance information available on its websites at the same time they are made available to authorised repairers.
10. Where repair and maintenance records of a vehicle are kept in a central data base of the vehicle manufacturer or on its behalf, independent repairers, who have been approved and authorised as required in Section 2.2 of Annex XVII, shall have access to such record free of charge and under the same conditions as authorised repairers in order to be able to enter information on repair and maintenance which they have performed.
11. The manufacturer shall make available to interested parties the following information:
(a)
relevant information to enable the development of replacement components which are critical to the correct functioning of the OBD system;
(b)
information to enable the development of generic diagnostic tools.
For the purposes of point (a) of the first subparagraph, the development of replacement components shall not be restricted by any of the following:
(a)
the unavailability of pertinent information;
(b)
the technical requirements relating to malfunction indication strategies if the OBD thresholds are exceeded or if the OBD system is unable to fulfil the basic OBD monitoring requirements of this Regulation;
(c)
specific modifications to the handling of OBD information to deal independently with vehicle operation on petrol or on gas;
(d)
the type-approval of gas-fuelled vehicles that contain a limited number of minor deficiencies.
For the purposes of point (b) of the first subparagraph, where manufacturers use diagnostic and test tools in accordance with ISO 22900 Modular vehicle communication interface (MVCI) and ISO 22901 Open diagnostic data exchange (ODX) in their franchised networks, the ODX files shall be accessible to independent operators via the website of the manufacturer.
Article 2b
Multi-stage type-approval
1. In the case of multi-stage type-approval, as defined in Article 3(7) of Directive 2007/46/EC, the final manufacturer shall be responsible for providing access to vehicle OBD and vehicle repair and maintenance information regarding its own manufacturing stage(s) and the link to the previous stage(s).
In addition, the final manufacturer shall on its website provide independent operators with the following information:
(a)
website address of the manufacturer(s) responsible for the previous stage(s);
(b)
name and address of all the manufacturers responsible for the previous stage(s);
(c)
type-approval number(s) of the previous stage(s);
(d)
the engine number.
2. Each manufacturer responsible for a particular stage or stages of type-approval shall be responsible for providing through his website access to vehicle OBD and vehicle repair and maintenance information regarding the stage(s) of type-approval for which he is responsible and the link to the previous stage(s).
3. The manufacturer responsible for a particular stage or stages of type-approval shall provide the following information to the manufacturer responsible for the next stage:
(a)
the Certificate of Conformity relating to the stage(s) for which he is responsible;
(b)
the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information, including its appendices;
(c)
the type-approval number corresponding to the stage(s) for which he is responsible;
(d)
the documents referred to in points (a), (b) and (c) as provided by the manufacturer(s) involved in the previous stage(s).
Each manufacturer shall authorise the manufacturer responsible for the next stage to pass the documents provided to the manufacturers responsible for any subsequent stages and the final stage.
In addition, on a contractual basis, the manufacturer responsible for a particular stage or stages of type-approval shall:
(a)
provide the manufacturer responsible for the next stage with access to vehicle OBD and vehicle repair and maintenance information and interface information corresponding to the particular stage(s) for which he is responsible;
(b)
provide, at the request of a manufacturer responsible for a subsequent stage of type-approval, with access to vehicle OBD and vehicle repair and maintenance information and interface information corresponding to the particular stage(s) for which he is responsible.
4. A manufacturer, including a final manufacturer, may only charge fees in accordance with Article 2f concerning the particular stage(s) for which he is responsible.
A manufacturer, including a final manufacturer, shall not charge fees for providing information relating to the website address or contact details of any other manufacturer.
Article 2c
Customer adaptations
1. By derogation from Article 2a, if the number of systems, components or separate technical units subject to a specific customer adaptation is lower than a total of 250 units produced worldwide, repair and maintenance information for the customer adaptation shall be provided in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provisions given or access granted to authorised dealers and repairers.
For the servicing and reprogramming of the electronic control units relating to the customer adaptation, the manufacturer shall make the respective proprietary specialist diagnostic tool or test equipment available to independent operators as provided to authorised repairers.
The customer adaptations shall be listed on the manufacturer’s repair and maintenance information website and mentioned in the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information at the time of type-approval.
2. Until 31 December 2015, if the number of systems, components or separate technical units subject to a specific customer adaptation is higher than 250 units worldwide, the manufacturer may derogate from the obligation under Article 2a to provide access to vehicle OBD and vehicle repair and maintenance information using a standardised format. Where the manufacturer makes use of such derogation, he shall provide access to vehicle OBD and vehicle repair and maintenance information in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provisions given or access granted to authorised dealers and repairers.
3. Manufacturers shall make the proprietary specialist diagnostic tool or test equipment to service the customer-adapted systems, components or technical units available to independent operators via sale and rent.
4. The manufacturer shall mention in the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information at the time of type-approval the customer adaptations for which the obligation under Article 2a to provide access to vehicle OBD and vehicle repair and maintenance information using a standardised format is derogated from and any electronic control unit related to them.
Those customer adaptations and any electronic control unit related to them shall also be listed on the manufacturer’s repair and maintenance information website.
Article 2d
Small volume manufacturers
1. By derogation from Article 2a, manufacturers whose worldwide annual production of a type of vehicle, system, component or separate technical unit subject to this Regulation is less than 250 units, shall provide access to repair and maintenance information in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provisions given or access granted to authorised dealers and repairers.
2. The vehicle, system, component and separate technical unit subject to paragraph 1 shall be listed on the manufacturer’s repair and maintenance information website.
3. The approval authority shall inform the Commission of each type-approval granted to small volume manufacturers.
Article 2e
Carry-over systems
1. Until 30 June 2016, with respect to the carry-over systems listed in Appendix 3 to Annex XVII, the manufacturer may derogate from the obligation to reprogramme the electronic control units in accordance with the standards mentioned in Annex XVII.
Such a derogation shall be indicated on the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information at the time of type-approval.
The systems for which a manufacturer derogates from the obligation to reprogramme the electronic control units in accordance with the standards mentioned in Annex XVII shall be listed on its repair and maintenance information website.
2. For the servicing and reprogramming of the electronic control units in the carry-over systems for which the manufacturer derogates from the obligation to reprogramme the electronic control units in accordance with the standards mentioned in Annex XVII, manufacturers shall ensure that the respective proprietary tool or equipment can be purchased or rented by independent operators.
Article 2f
Fees for access to vehicle repair and maintenance information
1. Manufacturers may charge reasonable and proportionate fees for access to the vehicle repair and maintenance information covered by this Regulation.
For the purposes of the first subparagraph, a fee shall be considered unreasonable or disproportionate if it discourages access by failing to take into account the extent to which the independent operator uses it.
2. Manufacturers shall make available vehicle repair and maintenance information, including transactional services such as reprogramming or technical assistance, on an hourly, daily, monthly, and yearly basis, with fees for access to such information varying in accordance with the respective periods of time for which access is granted.
In addition to time-based access, manufacturers may offer transaction-based access, for which fees are charged per transaction and not based on the time for which access is granted. Where both access systems are offered by manufacturers, independent repairers shall choose a preferred access system, either time-based or transaction-based
Article 2g
Compliance with the obligations regarding access to vehicle OBD and vehicle repair and maintenance information
1. An approval authority may, at any time, whether on its own initiative, on the basis of a complaint, or on the basis of an assessment by a technical service, check the compliance of a manufacturer with Regulation (EC) No 595/2009, this Regulation, and the terms of the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.
2. Where an approval authority finds that the manufacturer has failed to comply with his obligations regarding access to vehicle OBD and vehicle repair and maintenance information, the approval authority which granted the relevant type-approval shall take appropriate measures to remedy the situation.
Those measures may include withdrawal or suspension of type-approval, fines, or other measures adopted in accordance with Article 11 of Regulation (EC) No 595/2009.
3. The approval authority shall proceed to an audit in order to verify compliance by the manufacturer with the obligations concerning access to vehicle OBD and vehicle repair and maintenance information, if an independent operator or a trade association representing independent operators files a complaint to the approval authority.
4. When carrying out the audit, the approval authority may ask a technical service or any other independent expert to carry out an assessment to verify whether these obligations are met.
Article 2h
Forum on Access to Vehicle Information
The scope of application of the activities carried out by the Forum on Access to Vehicle Information established in accordance with Article 13(9) of Commission Regulation (EC) No 692/2008 (7) shall be extended to the vehicles covered by Regulation (EC) No 595/2009.
On the basis of evidence of deliberate or unintentional misuse of vehicle OBD and vehicle repair and maintenance information, the Forum shall advise the Commission on measures to prevent such misuse of information.
(3)
Article 3 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. In order to receive an EC type-approval of an engine system or engine family as a separate technical unit, EC type-approval of a vehicle with an approved engine system with regard to emissions and vehicle repair and maintenance information, or an EC type-approval of a vehicle with regard to emissions and vehicle repair and maintenance information the manufacturer shall, in accordance with the provisions of Annex I, demonstrate that the vehicles or engine systems are subject to the tests and comply with the requirements set out in Articles 4 and 14 and in Annexes III to VIII, X, XIII, XIV and XVII. The manufacturer shall also ensure compliance with the specifications of reference fuels set out in Annex IX.’;
(b)
the following paragraphs 1a, 1b and 1c are inserted:
‘1a. If the vehicle OBD and vehicle repair and maintenance information is not available, or does not conform to Article 6 of Regulation (EC) No 595/2009, Article 2a and, where relevant, Articles 2b, 2c and 2d of this Regulation, and Annex XVII to this Regulation, when the application for type-approval is made, the manufacturer shall provide that information within six months of the date set out in Article 8(1) of Regulation (EC) No 595/2009 or within six months of the date of type-approval, whichever date is later.
1b. The obligations to provide information within the dates referred to in paragraph 1a shall apply only if, following type-approval, the vehicle is placed on the market.
Where the vehicle is placed on the market more than six months after type-approval, the information shall be provided on the date on which the vehicle is placed on the market.
1c. The approval authority may presume that the manufacturer has put in place satisfactory arrangements and procedures with regard to access to vehicle OBD and vehicle repair and maintenance information, on the basis of a completed Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information, providing that no complaint was made, and that the manufacturer provides the certificate within the periods referred to in paragraph 1a.
If the certificate of compliance is not provided within that period, the approval authority shall take appropriate measures to ensure compliance.’;
(c)
paragraph 15 is deleted;
(4)
Article 5 is amended as follows:
(a)
the title is replaced by the following:
‘Article 5
Application for EC type-approval of an engine system or engine family as a separate technical unit with regard to emissions and access to repair and maintenance information’;
(b)
in paragraph 4, point (g) is replaced by the following:
‘(g)
the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information;’;
(5)
in Article 6, the title is replaced by the following:
‘Article 6
Administrative provisions for EC type-approval of an engine system or engine family as a separate technical unit with regard to emissions and access to repair and maintenance information’;
(6)
in Article 7(4), point (d) is replaced by the following:
‘(d)
the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information;’;
(7)
in Article 14(1), point (d) is replaced by the following:
‘(d)
the requirements with respect to the PEMS demonstration test at type-approval and any additional requirements with respect to off-cycle in-use vehicle testing, as provided for in this Regulation;’;
(8)
in Article 15(1), the first subparagraph is replaced by the following:
‘The manufacturer shall ensure that replacement pollution control devices intended to be fitted to EC type-approved engine systems or vehicles covered by Regulation (EC) No 595/2009 are EC type-approved, as separate technical units in accordance with the requirements of this Article and of Articles 1a, 16 and 17.’;
(9)
in Article 16, paragraph 3 is replaced by the following:
‘3. The manufacturer shall submit the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.’;
(10)
Annexes I, II, III, VI, X, XI and XIII are amended in accordance with Annex I to this Regulation;
(11)
a new Annex XVII, the text of which is set out in Annex II to this Regulation, is added.
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 January 2012.