4.4.2019

Official Journal of the European Union

L 95/1

COMMISSION REGULATION (EU) 2019/543

of 3 April 2019

amending Annex IV to Regulation (EC) No 661/2009 of the European Parliament and of the Council and Annexes I, III and IV to Directive 2007/46/EC of the European Parliament and of the Council as regards updating the references to and including certain Regulations of the United Nations Economic Commission for Europe on the type-approval of motor vehicles

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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) (1), and in particular Article 39(2) thereof,

Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (2), and in particular Article 14(1)(a) and (f) thereof,

Whereas:

(1) Annex IV of Directive 2007/46/EC lists the requirements applicable for the purpose of EC type-approval of motor vehicles. Those requirements include Union legislation and in some cases UN Regulations adopted in the context of the United Nations Economic Commission for Europe, which apply either on a compulsory basis or as an alternative to the Union requirements.

(2) Annex IV to Regulation (EC) No 661/2009 lists the UN Regulations which apply on a compulsory basis in the context of the general safety of vehicles.

(3) The lists of requirements applicable for the purpose of EC type-approval in Annex IV of Directive 2007/46/EC and the list of UN Regulations which apply on a compulsory basis in Annex IV to Regulation (EC) No 661/2009 are updated frequently to reflect the application at Union level of new requirements in the respective UN Regulations.

(4) UN Regulation No 0 on the International Whole Vehicle Type Approval (3) was recently adopted in the context of the United Nations Economic Commission for Europe in order to reduce barriers to trade between the Contracting Parties applying that UN Regulation, which include the Union and its Member States, and to provide an increased level of certainty for vehicle manufacturers seeking recognition of their type-approval in those Contracting Parties.

(5) It is appropriate to update the lists of requirements which apply for the purpose of EC type-approval of vehicles included in Annex IV of Directive 2007/46/EC, as well as the list of UN regulations which apply on a compulsory basis set out in Annex IV to Regulation (EC) No 661/2009 in order to reflect the changes introduced by UN Regulation No 0.

(6) The table in Part II of Annex IV to Directive 2007/46/EC is outdated. For this reason, it is necessary to update the list of UN Regulations the requirements of which are considered as equivalent to the Union requirements for the purposes of EC type-approval.

(7) It is also necessary to update the list of information for the purposes of EC type-approval of vehicles contained in Annex I and the information document in Section A of Part I of Annex III to Directive 2007/46/EC with references to Acoustic Vehicle Alerting System to be approved in accordance with the provisions either of Regulation (EU) No 540/2014 of the European Parliament and of the Council (4) or of UN Regulation No 138 (5).

(8) From 1 September 2018 new UN Regulations No 140 (6) and No 141 (7) became applicable. Sufficient time should be provided for manufacturers to adapt their vehicles to the new requirements. Therefore, it should be clarified that for the purposes of EC type-approval those requirements apply only to new types of vehicles with regard to their electronic stability control and tyre pressure monitoring systems.

(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

Annex IV to Regulation (EC) No 661/2009 is amended in accordance with Annex I to this Regulation.

Article 2

Annexes I, III and IV to Directive 2007/46/EC are amended in accordance with Annex II to this Regulation.

Article 3

With effect from 24 April 2019, for the purposes of EC type-approval of new vehicle types with regard to their electronic stability control systems, Member States shall only accept approvals granted under UN Regulation No 140.
With effect from 24 April 2019, for the purposes of EC type-approval of new vehicle types with regard to their tyre pressure monitoring systems, Member States shall only accept approvals granted under UN Regulation No 141.

Article 4

This Regulation shall enter into force on the twentieth day following that of 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, 3 April 2019.

For the Commission

The President

Jean-Claude JUNCKER

(1) OJ L 263, 9.10.2007, p. 1.

(2) OJ L 200, 31.7.2009, p. 1.

(3) OJ L 135, 31.5.2018, p. 1.

(4) Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131).

(5) OJ L 9, 13.1.2017, p. 33.

(6) OJ L 269, 26.10.2018, p. 17.

(7) OJ L 269, 26.10.2018, p. 36.

ANNEX I

Annex IV to Regulation (EC) No 661/2009 is amended as follows:

(1) the table is amended as follows:

(a) the row for regulation number 10 is replaced by the following:

‘10

Electromagnetic compatibility

Supplement 1 to the 05 series of amendments

OJ L 41, 17.2.2017, p. 1.

M, N, O’;

(b) the row for regulation number 16 is replaced by the following:

‘16

Safety-belts, restraint systems, child restraint systems and ISOFIX child restraint systems

Supplement 2 to the 07 series of amendments

OJ L 109, 27.4.2018, p. 1.

M, N (d)’;

‘34

Prevention of fire risks (liquid fuel tanks)

Supplement 1 to the 03 series of amendments

OJ L 231, 26.8.2016, p. 41.

M, N, O (e)’;

(d) the row for regulation number 39 is replaced by the following:

‘39

Speedometer equipment including its installation

Supplement 1 to the 01 series of amendments

OJ L 302, 28.11.2018, p. 106

M, N’;

(e) the row for regulation number 44 is replaced by the following:

‘44

Restraining devices for child occupants of power-driven vehicles (‘child restraint system’)

Supplement 10 to the 04 series of amendments

OJ L 265, 30.9.2016, p. 1.

M, N (h)’;

(f) the row for regulation number 48 is replaced by the following:

‘48

Installation of lighting and light-signalling devices on motor vehicles

Supplement 10 to the 06 series of amendments

OJ L 14, 16.1.2019, p. 42

M, N, O’;

(g) the row for regulation number 58 is replaced by the following:

‘58

Rear underrun protective devices (RUPDs) and their installation; Rear underrun protection (RUP)

03 series of amendments

OJ L 49, 20.2.2019, p. 1.

M, N, O’;

(h) the row for regulation number 67 is replaced by the following:

‘67

Motor vehicles using LPG

Supplement 14 to the 01 series of amendments

OJ L 285, 20.10.2016, p. 1.

M, N’;

(i) the row for regulation number 79 is replaced by the following:

‘79

Steering equipment

03 series of amendments

OJ L 318, 14.12.2018, p. 1.

M, N, O’;

(j) the row for regulation number 94 is replaced by the following:

‘94

Protection of occupants in the event of a frontal collision

03 series of amendments

OJ L 35, 8.2.2018, p. 1.

M1’;

(k) the row for regulation number 100 is replaced by the following:

‘100

Electric safety

Supplement 3 to the 02 series of amendments

OJ L 302, 28.11.2018, p. 114.

M, N’;

(l) the row for regulation number 107 is replaced by the following:

‘107

M2 and M3 vehicles

Supplement 1 to the 07 series of amendments

OJ L 52, 23.2.2018, p. 1.

M2, M3’;

(m) the row for regulation number 117 is replaced by the following:

‘117

Tyres with regard to rolling sound emissions, adhesion on wet surfaces and rolling resistance (Classes C1, C2 and C3)

Supplement 8 to the 02 series of amendments

OJ L 218, 12.8.2016, p. 1.

M, N, O’;

(n) the row for regulation number 119 is replaced by the following:

‘119

Cornering lamps

Supplement 3 to the 01 series of amendments

OJ L 89, 25.3.2014, p. 101.

M, N (h)’;

(o) the row for regulation number 123 is replaced by the following:

‘123

Adaptive front-lighting systems (AFS)

Supplement 9 to the 01 series of amendments

OJ L 49, 20.2.2019, p. 24.

M, N’;

(p) the row for regulation number 125 is replaced by the following:

‘125

Forward field of vision

Supplement 1 to the 01 series of amendments

OJ L 20, 25.1.2018, p. 16.

M1’;

(q) the row for regulation number 128 is replaced by the following:

‘128

Light Emitting Diode (LED) light sources

Supplement 6 to the original version of the Regulation

OJ L 320, 17.12.2018, p. 63.

M, N, O’;

(r) the following new rows 140 and 141 are added:

‘140

Stability control

Supplement 2 to the original version of the Regulation

OJ L 269, 26.10.2018, p. 17.

M1, N1

141

Tyre Pressure Monitoring Systems (TPMS)

Original version of the Regulation

OJ L 269, 26.10.2018, p. 36.

M1, N1 (i)’;

(2) the note (b) to the table is replaced by the following:

‘(b)

(3) the note (c) to the table is replaced by the following:

‘(c)

(4) the note (f) to the table is replaced by the following:

‘(f)

—

the motor-vehicle’s user instructions (e.g. owner’s manual, vehicle handbook) shall clearly specify that installation of a mechanical coupling device that cannot be easily removed or repositioned is not permitted;

—

the instructions shall also clearly specify that, when fitted, a mechanical coupling device must always be removed or repositioned when it is not in use; and

—

in the case of vehicle system type-approval according to UN Regulation 55, it shall be ensured that the removal, repositioning and/or alternate location provisions are also fully complied with as regards lighting installation and space for mounting and fixing the rear registration plate.’;

(5) the following note (h) to the table is added:

‘(h)

(6) the following note (i) to the table is added:

‘(i)

ANNEX II

Directive 2007/46/EC is amended as follows:

(1) in Annex I, the following new points 12.9, 12.9.1 and 12.9.2 are inserted:

‘12.9. Acoustic Vehicle Alerting System (AVAS)

12.9.2. (*1) Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131).’;“

(2) in Annex III, in Section A of Part I, the following new points 12.9, 12.9.1 and 12.9.2 are inserted:

‘12.9. Acoustic Vehicle Alerting System (AVAS)

(3) in Annex IV, Part II is amended as follows:

(a) the first paragraph below the title is replaced by the following:

‘Where reference is made to a separate Directive or Regulation in the table of Part I, a Universal International Whole Vehicle Type Approval issued under UN Regulation No 0 (*2) that includes type-approval under the relevant of the following UN Regulations or an approval issued under the following UN regulations to which the Union has acceded as a Contracting Party to the United Nations Economic Commission for Europe ‘Revised 1958 Agreement’ by virtue of Council Decision 97/836/EC (*3), or subsequent Council decisions as referred to in Article 3(3) of that Decision, shall be considered equivalent to an EC type-approval granted under the relevant separate Directive or Regulation.

(*2) OJ L 135, 31.5.2018, p. 1.”

(*3) OJ L 346, 17.12.1997, p. 78.’;“

(b) the table is replaced by the following:

‘Subject

UN regulations

Series of amendments

1 (1)

Permissible sound level

51

59

02

01

Permissible sound level (not covering AVAS and replacement silencers)

51

03

Acoustic Vehicle Alerting System (AVAS)

138

01

Replacement silencing systems

59

02

58

Pedestrian protection (not covering brake assist and frontal protection systems)

127

00

Brake assist system

139

00

59 (2)

Recyclability

133

00

62 (3)

Hydrogen storage systems

134

00

65

Advanced emergency braking systems

131

01

66

Lane departure warning system

130

00

N.B.:

Installation requirements contained in a separate directive or regulation shall apply also to components and separate technical units approved in accordance with the UN regulations.

(*1) Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131).’;

(*2) OJ L 135, 31.5.2018, p. 1.

(*3) OJ L 346, 17.12.1997, p. 78.’;’

(1) The numbering of the entries in this table refers to the numbering used in the table of Part I.

(2) The requirements set out in Annex I to Directive 2005/64/EC shall apply.

(3) The type-approval of hydrogen storage systems and all closure devices (each specific component) is mandatory and does not cover the material qualifications of all components that are covered by Article 2(2) of Regulation (EC) No 79/2009 of the European Parliament and of the Council.’.