Commission Delegated Regulation (EU) No 1322/2014 of 19 September 2014 supplementing and amending Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to vehicle construction and general requirements for the approval of agricultural and forestry vehicles Text with EEA relevance

CHAPTER I SUBJECT MATTER AND DEFINITIONS

Article 1

Subject matter

This Regulation establishes the detailed technical requirements and test procedures regarding vehicle design, construction and assembly for the approval of agricultural and forestry vehicles and their systems, components and separate technical units, the detailed arrangements and requirements with regard to type-approval procedures, virtual testing and conformity of production, the technical specifications with regard to access to repair and maintenance information and the performance standards and criteria for the assessment of technical services in accordance with Regulation (EU) No 167/2013.

Article 2

Definitions

The following definitions shall apply:

• (1) ‘seat reference point (S)’ means the point of intersection in the median longitudinal plane of the seat between the tangential plane at the base of the padded backrest and a horizontal plane. This horizontal plane intersects the lower surface of the seat 150 mm in front of the seat reference point (S) as determined in Appendix 8 to Annex XIV.

• (2) ‘control device’ means any device whose direct actuation enables the state or operation of the tractor or of any equipment linked to it to be altered.

• (3) ‘shield’ means a protective device located immediately in front of a dangerous part and which, either on its own or with other parts of the machine, protects on all sides against contact with the dangerous part.

• (4) ‘guard’ means a protective device which, by means of a rail, grille or similar device, provides the necessary safety distance preventing contact with the dangerous part.

• (5) ‘hood’ means a protective device located in front of the dangerous part and which protects against contact with it on the covered side.

• (6) ‘firmly attached’ means that removal of such devices should be possible only with the aid of tools.

• (7) ‘hot surface’ means any metal surface of the tractor that reaches, during the normal use envisaged by the Manufacturer, a temperature higher than 85 °C or any plastic surface that reaches a temperature higher than 100 °C.

CHAPTER II VEHICLE CONSTRUCTION AND GENERAL TYPE-APPROVAL REQUIREMENTS

Article 3

Manufacturer’s general obligations regarding vehicle construction

Article 4

Application of UNECE regulations

The UNECE regulations and amendments thereto set out in Annex I to this Regulation shall apply to type-approval of agricultural and forestry vehicles subject to the conditions laid down in this Regulation.

Article 5

Recognition of test reports issued on the basis of OECD Codes for the purposes of EU type-approval

In accordance with Article 50 of Regulation (EU) No 167/2013, the test reports issued on the basis of OECD Codes set out in Annex II to this Regulation shall be recognised for the purpose of EU type approval as an alternative to the test report issued on the basis of this Regulation.

Article 6

Arrangements with regard to type-approval procedures, including the requirements relating to virtual testing

The arrangements with regard to type-approval procedures referred to in Article 20 (8) of Regulation (EU) No 167/2013 and the requirements relating to virtual testing referred to in Article 27(6) of that Regulation shall be laid down in Annex III to this Regulation.

Article 7

Arrangements with regard to conformity of production

The arrangements with regard to conformity of production referred to in Article 28(6) of Regulation (EU) No 167/2013 shall be laid down in Annex IV to this Regulation.

Article 8

Requirements with regard to access to repair and maintenance information

The requirements with regard to access to repair and maintenance information referred to in Article 53(12) of Regulation (EU) No 167/2013 shall be laid down in Annex V to this Regulation.

Article 9

Requirements applying to roll-over protection structures (dynamic testing)

The test procedures and requirements applying to roll-over protection structures as regards dynamic testing for vehicles of categories T1, T4.2 and T4.3 referred to in Article 18(2)(a) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex VI to this Regulation.

Article 10

Requirements applying to roll-over protection structures (track-laying tractors)

The test procedures and requirements applying to roll-over protection structures as regards track-laying tractors for vehicles of categories C1, C2, C4.2 and C4.3 referred to in Article 18(2)(a) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex VII to this Regulation.

Article 11

Requirements applying to roll- over protection structures (static testing)

As an alternative to the requirements laid down in Article 9 and Article 10, manufacturers may choose to comply with the requirements of this Article, where the type of vehicle falls within the field of application set out in Annex VIII to this Regulation. The test procedures and requirements applying to roll-over protection structures as regards static testing for vehicles of categories T1/C1, T4.2/C4.2 and T4.3/C4.3 referred to in Article 18(2)(a) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex VIII to this Regulation.

Article 12

Requirements applying to roll-over protection structures (front mounted roll-over protective structures on narrow-track tractors)

The test procedures and requirements applying to front mounted roll-over protective structures as regards narrow- track tractors  for vehicles of categories T2/C2, T3/C3 and T4.3/C4.3 referred to in Article 18(2)(a) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex IX to this Regulation.

Article 13

Requirements applying to roll-over protection structures (rear mounted roll-over protective structures on narrow-track tractors)

The test procedures and requirements applying to rear mounted roll-over protective structures as regards narrow-track tractors for vehicles of categories T2/C2, T3/C3 and T4.3/C4.3 referred to in Article 18(2)(a) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex X to this Regulation.

Article 14

Requirements applying to falling objects protection structures

The test procedures and requirements applying to falling objects protection structures for vehicles of categories T and C referred to in Article 18(2)(b) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XI to this Regulation.

Article 15

Requirements applying to passenger seats

The test procedures and requirements applying to passenger seats for vehicles of categories T and C referred to in Article 18(2)(c) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XII to this Regulation.

Article 16

Requirements applying to the driver’s exposure to noise level

The test procedures and requirements applying to the driver’s exposure to noise level for vehicles of categories T and C referred to in Article 18(2)(d) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XIII to this Regulation.

Article 17

Requirements applying to the driving seat

The test procedures and requirements applying to the driving seat for vehicles of categories T and C referred to in Article 18(2)(e) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XIV to this Regulation.

Article 18

Requirements applying to operating space and to access to the driving position

The test procedures and requirements applying to operating space and to access to the driving position for vehicles of categories T and C referred to in Article 18(2)(f) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XV to this Regulation.

Article 19

Requirements applying to power take-offs

The test procedures and requirements applying to power take-offs for vehicles of categories T and C referred to in Article 18(2)(g) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XVI to this Regulation.

Article 20

Requirements applying to the protection of drive components

The test procedures and requirements applying to protection of drive components for vehicles of categories T and C referred to in Article 18(2)(h) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XVII to this Regulation.

Article 21

Requirements applying to seat-belt anchorages

The test procedures and requirements applying to seat-belt anchorages for vehicles of categories T and C referred to in Article 18(2)(i) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XVIII to this Regulation.

Article 22

Requirements applying to safety belts

The test procedures and requirements applying to safety belts for vehicles of categories T and C referred to in Article 18(2)(j) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XIX to this Regulation.

Article 23

Requirements applying to the protection against penetrating objects

The test procedures and requirements applying to the protection against penetrating objects for vehicles of categories T and C referred to in Article 18(2)(k) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XX to this Regulation.

Article 24

Requirements applying to exhaust systems

The test procedures and requirements applying to exhaust systems for vehicles of categories T and C referred to in Article 18(2)(l) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XXI to this Regulation.

Article 25

Requirements applying to the operator’s manual

The requirements applying to the operator’s manual, including aspects relating to the protection against hazardous substances and operation and maintenance of the vehicle, for vehicles of categories T, C, R and S referred to in points (l), (n) and (q) of Article 18(2) of Regulation (EU) No 167/2013 shall be laid down in Annex XXII to this Regulation.

Article 26

Requirements applying to control devices, including safety and reliability of control systems and emergency and automatic stop devices

The test procedures and requirements applying to control devices, including safety and reliability of control systems and emergency and automatic stop devices for vehicles of categories T and C referred to in Article 18(2)(o) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XXIII to this Regulation.

Article 27

Requirements applying to the protection against other mechanical hazards

The test procedures and requirements applying to the protection against mechanical hazards, including aspects relating to the protection against rough surfaces, sharp edges and angles, rupture of pipes carrying fluids and uncontrolled movement of the vehicle, other than those mentioned in Articles 9 to 14, 19 and 23 for vehicles of categories T, C, R and S referred to in Article 18(2)(p) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XXIV to this Regulation.

Article 28

Requirements applying to guards and protective devices

The test procedures and requirements applying to guards and protective devices for vehicles of categories T, C, R and S referred to in Article 18(2)(r) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XXV to this Regulation.

Article 29

Requirements applying to information, warnings and markings

The test procedures and requirements applying to information, warnings and markings, including aspects relating to the warning signals with regard to braking and the operation and maintenance of the vehicle, for vehicles of categories T, C, R and S referred to in Article 18(2)(s) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XXVI to this Regulation.

Article 30

Requirements applying to materials and products

The test procedures and requirements applying to materials and products for vehicles of categories T and C referred to in Article 18(2)(t) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XXVII to this Regulation.

Article 31

Requirements applying to batteries

The test procedures and requirements applying to batteries for vehicles of categories T and C referred to in Article 18(2)(u) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XXVIII to this Regulation.

Article 32

Requirements applying to protection against hazardous substances

The test procedures and requirements applying to protection against hazardous substances for vehicles of categories T and C referred to in Article 18(2)(l) of Regulation (EU) No 167/2013 shall be conducted and verified in accordance with Annex XXIX to this Regulation.

CHAPTER III REQUIREMENTS RELATING TO TECHNICAL SERVICES

Article 33

Performance standards and assessment of technical services

Technical services have to comply with the performance standards and the procedure for their assessment referred to in Article 61 of Regulation (EU) No 167/2013, which shall be verified in accordance with Annex XXX to this Regulation.

Article 34

Permissibility of self-testing

Self-testing by in-house technical services referred to in Article 60(1) of Regulation (EU) No 167/2013 may only be conducted where permitted in Annex III to this Regulation.

CHAPTER IV NATIONAL TYPE-APPROVAL OF VEHICLES, SYSTEMS, COMPONENTS OR SEPARATE TECHNICAL UNITS

Article 35

National type-approval of vehicles, systems, components or separate technical units

National authorities shall not refuse to grant national type-approval to a type of vehicle, system, component or separate technical unit on grounds relating to the construction requirements where the vehicle, system, component or separate technical unit complies with the requirements set out in this Regulation.

CHAPTER V FINAL PROVISIONS

Article 35a

Transitional provisions

Article 36

Amendments to Annex I to Regulation (EU) No 167/2013

Annex I to Regulation (EU) No 167/2013 is amended as follows:

• (1) in row No 39, the entries corresponding to vehicle categories Ca and Cb are replaced by ‘X’;

• (2) in row No 41, the entries corresponding to vehicle categories T2a and T2b are replaced by ‘X’;

• (3) in row No 43, the entries corresponding to vehicle categories Ca and Cb are replaced by ‘X’;

• (4) in row No 44, the entries corresponding to vehicle categories Ca and Cb are replaced by ‘X’.

Article 37

Entry into force and application

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 January 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

SUMMARY

Annex Number	Annex title
Vehicle construction and general type-approval requirements	Vehicle construction and general type-approval requirements
I	Application of UNECE regulations
II	Recognition of test reports issued on the basis of OECD Codes for the purposes of EU type-approval
III	Arrangements with regard to type-approval procedures, including the requirements relating to virtual testing
IV	Arrangements with regard to conformity of production
V	Requirements with regard to access to repair and maintenance information
VI	Requirements applying to roll-over protection structures (dynamic testing)
VII	Requirements applying to roll-over protection structures (track-laying tractors)
VIII	Requirements applying to roll-over protection structures (static testing)
IX	Requirements applying to roll-over protection structures (front mounted roll-over protective structures on narrow-track tractors)
X	Requirements applying to roll-over protection structures (rear mounted roll-over protective structures on narrow-track tractors)
XI	Requirements applying to falling objects protection structures
XII	Requirements applying to passenger seats
XIII	Requirements applying to the driver’s exposure to noise level
XIV	Requirements applying to the driving seat
XV	Requirements applying to operating space and to access to the driving position
XVI	Requirements applying to power take-offs
XVII	Requirements applying to the protection of drive components
XVIII	Requirements applying to seat-belt anchorages
XIX	Requirements applying to safety belts
XX	Requirements applying to the protection against penetrating objects
XXI	Requirements applying to exhaust systems
XXII	Requirements applying to the operator’s manual
XXIII	Requirements applying to control devices, including safety and reliability of control systems and emergency and automatic stop devices
XXIV	Requirements applying to the protection against other mechanical hazards
XXV	Requirements applying to guards and protective devices
XXVI	Requirements applying to information, warnings and markings
XXVII	Requirements applying to materials and products
XXVIII	Requirements applying to batteries
XXIX	Requirements applying to protection against hazardous substances
Requirements relating to technical services	Requirements relating to technical services
XXX	Performance standards and assessment of technical services

ANNEX I

Application of UNECE regulations

UNECE regulation No	Subject	Series of amendments	OJ Reference	Applicability
14	Safety-belt anchorages, ISOFIX anchorages systems and ISOFIX top tether anchorages	Supplement 1 to the 07 series of amendments	OJ L 109, 28.4.2011, p. 1	T and C
16	Safety belts, restraint systems and child restraint systems	Supplement 1 to the 06 series of amendments	OJ L 233, 9.9.2011, p. 1	T and C
43	Safety glazing	Supplement 12 to the 00 series of amendments	OJ L 230, 31.8.2010, p. 119	T and C
60	Driver operated controls — identification of controls, tell-tales and indicators (moped/motorcycles)		OJ L 95, 31.3.2004, p. 10	T and C
79	Steering equipment	Supplement 3 to the 01 series of amendments and Corrigendum 20 January 2006	OJ L 137, 27.5.2008, p. 25	T and C

Explanatory note:

The fact that a component is included in this list does not make its installation mandatory. For certain components, however, mandatory installation requirements are laid down in other Annexes to this Regulation.

The transitional provisions of the UNECE regulations listed in this table shall apply, except where specific alternative dates are provided for in this Regulation. Compliance with prescriptions in accordance with subsequent amendments to those listed in this table shall also be accepted.

ANNEX II

Recognition of test reports issued on the basis of OECD Codes for the purposes of EU type-approval

Test report on the basis of OECD standard Code No	Subject	Edition	Applicability	Alternative to the EU test report on the basis of
3	Official testing of protective structures on agricultural and forestry tractors (dynamic test)	Edition 2017 -February 2017-	T1, T4.2 and T4.3	Annex VI Annex XVIII (if the seat-belt anchorages have been tested)
4	Official testing of protective structures on agricultural and forestry tractors (static test)	Edition 2017 -February 2017-	T1/C1, T4.2/C4.2 and T4.3/C4.3	Annex VIII and Annex XVIII (if the seat-belt anchorages have been tested)
5	Official measurement of noise at the driving position(s) on agricultural and forestry tractors	Edition 2017 -February 2017-	T and C	Annex XIII
6	Official testing of front mounted roll-over protective structures on narrow-track wheeled agricultural and forestry tractors	Edition 2017 -February 2017-	T2/C2, T3/C3 and T4.3/C4.3	Annex IX (if the performance requirements for foldable roll-over protection structures have been tested and met) and Annex XVIII (if the seat-belt anchorages have been tested)
7	Official testing of rear mounted roll-over protective structure on narrow-track wheeled agricultural and forestry tractors	Edition 2017 -February 2017-	T2/C2, T3/C3 and T4.3/C4.3	Annex X (if the performance requirements for foldable roll-over protection structures have been tested and met) and Annex XVIII (if the seat-belt anchorages have been tested)
8	Official testing of protective structures on agricultural and forestry track-laying tractors	Edition 2017 -February 2017-	C1, C2, C4.2 and C4.3	Annex VII and Annex XVIII (if the seat-belt anchorages have been tested)
10	Official testing of falling object protective structures on agricultural and forestry tractors	Edition 2017 -February 2017-	T and C	Annex XI Part C

ANNEX III

Arrangements with regard to type-approval procedures, including the requirements relating to virtual testing

1. Type-approval process

When receiving an application for vehicle type-approval, the approval authority shall:

• 1.1. verify that all EU type-approval certificates issued and test reports granted pursuant to Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation which are applicable for vehicle type-approval cover the vehicle type and correspond to the prescribed requirements;

• 1.2. by reference to the documentation make sure that the vehicle specifications and data contained in the vehicle information document are included in the data in the information packages and in the EU type-approval certificates issued in accordance with Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation;

• 1.3. on a selected sample of vehicles from the type to be approved carry out or arrange to be carried out inspections of vehicle parts and systems to verify that the vehicle(s) is/are built in accordance with the relevant data contained in the authenticated information package in respect of Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation;

• 1.4. carry out or arrange to be carried out relevant installation checks in respect of separate technical units where applicable;

• 1.5. carry out or arrange to be carried out necessary checks in respect of the presence of the subjects provided for in Annex I of Regulation (EU) No 167/2013;

2. Combination of technical specifications

The number of vehicles to be submitted shall be sufficient to permit the proper check of the various combinations to be type-approved according to the following criteria:

• 2.1. propulsion unit;

• 2.2. transmission;

• 2.3. powered axles (number, position and interconnection);

• 2.4. steered axles (number and position);

• 2.5. braking system and braked axles (number);

• 2.6. roll-over protection structure;

• 2.7. protection against hazardous substances.

3. Specific provisions

Where no approval certificates or test reports in respect of the subjects covered by Regulation (EU) No 167/2013 or the delegated and implementing acts adopted pursuant to that Regulation are available, the approval authority shall:

• 3.1. arrange for the necessary tests and checks as required by Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation;

• 3.2. verify that the vehicle conforms to the particulars in the vehicle information folder and that it meets the technical requirements of Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation;

• 3.3. carry out or arrange to be carried out relevant installation checks in respect of components and separate technical units where applicable.

4. Procedures to be followed during multi-stage EU type-approval

4.1.   General

• 4.1.1.The satisfactory operation of the process of multi-stage EU type-approval requires joint action by all the manufacturers concerned. To this end type-approval authorities shall ensure, before granting first and subsequent stage approval, that suitable arrangements exist between the relevant manufacturers for the supply and interchange of documents and information such that the completed vehicle type meets the technical requirements of Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation. Such information shall include details of relevant system, component and separate technical unit approvals and of vehicle parts which form part of the incomplete vehicle but are not yet approved.

• 4.1.2.EU Type-approvals in accordance with point 4 are granted on the basis of the current state of completion of the vehicle type and shall incorporate all approvals granted at earlier stages.

• 4.1.3.Each manufacturer in a multi-stage EU type-approval process is responsible for the approval and conformity of production of all systems, components or separate technical units manufactured by him or added by him to the previously built stage. He is not responsible for subjects which have been approved in an earlier stage except in those cases where he modifies relevant parts to an extent that the previously granted approval becomes invalid.

4.2.   Procedures

The approval authority shall:

• 4.2.1. verify that all EU type-approval certificates issued and test reports granted pursuant to Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation which are applicable for vehicle type-approval cover the vehicle type at its state of completion and correspond to the prescribed requirements;

• 4.2.2. ensure that all the relevant data, taking account of the state of completion of the vehicle, is included in the information folder;

• 4.2.3. by reference to the documentation make sure that the vehicle specification(s) and data contained in the vehicle information folder are included in the data in the information packages and in the EU type-approval certificates, in accordance with Regulation (EU) No 167/2013 or the delegated and implementing acts adopted pursuant to that Regulation; and in the case of a completed vehicle, where an item number in the information folder is not included in any of the information packages, confirm that the relevant part of characteristic conforms to the particulars in the information folder;

• 4.2.4. on a selected sample of vehicles from the type to be approved carry out or arrange to be carried out inspections of vehicle parts and systems to verify that the vehicle(s) is/are built in accordance with the relevant data contained in the authenticated information package in respect of Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation;

• 4.2.5. Carry out or arrange to be carried out relevant installation checks in respect of separate technical units where applicable.

• 4.3. The number of vehicles to be inspected for the purposes of point 4.2.4 shall be sufficient to permit the proper control of the various combinations to be EU type-approved according to the state of completion of the vehicle and the criteria set-out in point 2.

5. Conditions under which virtual testing has to be performed and requirements which can be subject to virtual testing

5.1.   Objectives and scope

Point 5 lays down appropriate provisions concerning virtual testing in accordance with Article 27(6) of Regulation (EU) No 167/2013. It shall not apply to the second subparagraph of Article 27(3) of that Regulation.

5.2.   List of requirements which may be subject to virtual testing

Table 1

List of requirements which may be subject to virtual testing

Delegated act reference	Annex No	Requirements	Restrictions/comments
Regulation (EU) No 1322/2014	IX	continuous or interrupted roll over behaviour in case of a laterally overturning narrow track tractor with a protective frame mounted in front of the driver’s seat	Section B4
Regulation (EU) No 1322/2014	XV	Requirements applying to operating space and to access to the driving position	Only requirements related to dimensions and positioning
Regulation (EU) 2015/208	VII	Requirements on the field of vision and windscreen wipers	Only requirements related to dimensions, positioning and visibility
Regulation (EU) 2015/208	IX	Requirements on rear view mirrors	Only requirements related to dimensions, positioning and visibility
Regulation (EU) 2015/208	XII	Requirements on lighting installation	Only requirements related to dimensions, positioning and visibility in point 5 and 6 (with the exception of colorimetric or photometric requirements)
Regulation (EU) 2015/208	XIII	Requirements on vehicle occupant protection, including interior fittings, head restraints, seat belts, vehicle doors	Part 2 Only requirements related to dimensions, including detailed shape, and positioning
Regulation (EU) 2015/208	XIV	Requirements on vehicle exterior and accessories	Only requirements related to dimensions, including detailed shape, and positioning

6. Conditions under which virtual testing has to be performed

6.1.   Virtual test pattern

The following scheme shall be used as a basic structure for describing and conducting virtual testing:

• 6.1.1. purpose;

• 6.1.2. structure model;

• 6.1.3. boundary conditions;

• 6.1.4. load assumptions;

• 6.1.5. calculation;

• 6.1.6. assessment;

• 6.1.7. Documentation.

6.2.   Fundamentals of computer simulation and calculation

6.2.1.   Mathematical model

The mathematical model shall be supplied by the manufacturer. It shall reflect the complexity of the structure of the vehicle, system and components to be tested in relation to the requirements. The same provisions shall apply mutatis mutandis for testing components or technical units independently from the vehicle.

6.2.2.   Validation process of the mathematical model

The mathematical model shall be validated in comparison with the actual test conditions. A physical test shall be conducted for the purposes of comparing the results obtained when using the mathematical model with the results of a physical test. Comparability of the test results shall be proven. For that purpose, manufacturers shall provide the technical service with a correlation report containing the information on the mathematical model and the correlation between the results obtained with such model and those obtained in the physical tests in accordance with the scheme set out in point 6.1. A validation report, confirming the compliance of the mathematical model, shall be drafted by the manufacturer or by the technical service and submitted to the approval authority. Any change made to the mathematical model or to the software likely to invalidate the validation report shall be brought to the attention of the approval authority, which may require that a new validation process is conducted. The flow chart of the validation process is shown in Figure 1 of point 7.

6.2.3.   Documentation

The data and auxiliary tools used for the simulation and calculation shall be made available by the manufacturer and be documented in a suitable way.

6.2.4.   Tools and support

At the request of the technical service, the manufacturer shall supply or provide access to the necessary tools, including appropriate software.

• 6.2.5. In addition, the manufacturer shall provide appropriate support to the technical service.

• 6.2.6. Providing access and support to a technical service does not detract from any obligation of the technical service regarding the skills of its personnel, the payment of licence rights and respect of confidentiality.

• 6.2.7. Approval process when using virtual testing

The compliance with the requirements set out in Table 1 of point 5.2. may be demonstrated by virtual testing procedures only if these are carried out in accordance with a mathematical model validated in accordance with the requirements set out in point 6.2.2. The applicability and restrictions of the model shall be agreed with the technical services and shall be subject to the approval of the approval authority.

• 6.2.8. Virtual testing test report

A test report of the virtual testing results shall be provided by the technical service. The test report should be coherent with the correlation report and the validation report and shall include at least the following elements: the building of a virtual prototype, the simulation inputs and the simulation results related to the technical requirements.

7. Validation process virtual testing

Figure 1

Virtual testing validation process flow chart

Image omitted; see official source

ANNEX IV

Arrangements with regard to conformity of production

1. Definitions

For the purposes of this Annex the following definitions shall apply:

• 1.1. ‘quality management system’ means a set of interrelated or interacting elements that organisations use to direct and control how quality policies are implemented and quality objectives are achieved;

• 1.2. ‘audit’ means an evidence-gathering process used to evaluate how well audit criteria are being applied; it should be objective, impartial and independent, and the audit process should be both systematic and documented;

• 1.3. ‘corrective actions’ means a problem-solving process with subsequent steps taken to remove the causes of a nonconformity or undesirable situation and designed to prevent their recurrence;

2. Purpose

• 2.1.The conformity of production procedure aims to ensure that each vehicle, system, component, separate technical unit, part or equipment produced is in conformity with the specification, performance and marking requirements of the approved type.

• 2.2.Procedures include inseparably the assessment of quality management systems, referred as ‘initial assessment’ and set out in section 3. and verification and production-related controls, referred to as ‘product conformity arrangements’ and set out in section 4.

3. Initial assessment

• 3.1.Before granting type-approval, the approval authority shall verify the existence of satisfactory arrangements and procedures established by the manufacturer for ensuring effective control so that vehicles, systems, components or separate technical units when in production conform to the approved type.

• 3.2.Guidelines for quality and/or environmental management systems auditing set out in the EN ISO 19011:2011 standard shall apply to the initial assessment.

• 3.3.The requirements referred to in point 3.1 shall be verified to the satisfaction of the approval authority granting type-approval. The approval authority shall be satisfied with the initial assessment and the product conformity arrangements in section 4. taking account as necessary of one of the arrangements described in points 3.3.1 to 3.3.3 or a combination of those arrangements in full or in part as appropriate.

• 3.3.1.The initial assessment and/or verification of product conformity arrangements shall be carried out by the approval authority granting the approval or an appointed body acting on behalf of the approval authority.

• 3.3.1.1.When considering the extent of the initial assessment to be carried out, the approval authority may take account of available information relating to:

• 3.3.1.1.1. the manufacturer’s certification described in point 3.3.3, which has not been qualified or recognised under that point;

• 3.3.1.1.2. in the case of components or separate technical units type-approvals, quality system assessments performed in the component or separate technical unit manufacturer’s premises by vehicle manufacturer(s), according to one or more of the industry sector specifications satisfying the requirements in harmonised standard EN ISO 9001:2008.

• 3.3.2.The initial assessment and/or verification of product conformity arrangements may also be carried out by the approval authority of another Member State, or the appointed body designated for this purpose by the approval authority.

• 3.3.2.1.In such a case, the approval authority of the other Member State shall prepare a statement of compliance outlining the areas and production facilities it has covered as relevant to the vehicles, systems, components or separate technical units to be type-approved.

• 3.3.2.2.On receiving an application for a compliance statement from the approval authority of a Member State granting type-approval, the approval authority of another Member State shall send forthwith the statement of compliance or advise that it is not in a position to provide such a statement.

• 3.3.2.3.The statement of compliance shall include at least the following:

• 3.3.2.3.1. group or company (e.g. XYZ automotive);

• 3.3.2.3.2. particular organisation (e.g. European division);

• 3.3.2.3.3. plants/sites (e.g. Engine plant 1 (United Kingdom) — vehicle plant 2 (Germany));

• 3.3.2.3.4. vehicle/component range (e.g. All category T1 models);

• 3.3.2.3.5. areas assessed (e.g. Engine assembly, body pressing and assembly, vehicle assembly);

• 3.3.2.3.6. documents examined (e.g. Company and site quality manual and procedures);

• 3.3.2.3.7. date of the assessment (e.g. Audit conducted from 18 to 30.5.2013);

• 3.3.2.3.8. planned monitoring visit (e.g. October 2014).

• 3.3.3.The approval authority shall also accept the manufacturer’s suitable certification to harmonised standard EN ISO 9001:2008 or an equivalent harmonised standard as satisfying the initial assessment requirements of point 3.3. The manufacturer shall provide details of the certification and undertake to inform the approval authority of any revisions to its validity or scope.

• 3.4.For the purpose of vehicle type-approval, the initial assessments carried out for granting approvals for systems, components and separate technical units of the vehicle need not be repeated but shall be complemented by an assessment covering the locations and activities relating to the assembly of the whole vehicle not covered by the former assessments.

4. Product conformity arrangements

• 4.1.Every vehicle, system, component or separate technical unit approved pursuant to Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation, pursuant to a UNECE regulation annexed to the Revised 1958 Agreement, or pursuant to a complete test report issued on the basis of OECD Codes listed in Annex II to this Regulation, shall be so manufactured as to conform to the approved type by meeting the requirements of this Annex, Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation, as well as the relevant UNECE regulation(s) and OECD Code(s).

• 4.2.Before granting a type-approval pursuant to Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation, a UNECE regulation annexed to the Revised 1958 Agreement or an OECD Code, the approval authority of a Member State shall verify the existence of adequate arrangements and documented control plans, to be agreed with the manufacturer for each approval, to carry out at specified intervals those tests or associated checks necessary to verify continued conformity with the approved type, including, where applicable, tests specified in Regulation (EU) No 167/2013, the UNECE regulation and the OECD Code.

• 4.3.The holder of the type-approval shall, in particular:

• 4.3.1. ensure the existence and application of procedures for effective control of the conformity of products (vehicles, systems, components or separate technical units) to the approved type;

• 4.3.2. have access to the testing or other appropriate equipment necessary for checking conformity to each approved type;

• 4.3.3. ensure that test or check result data are recorded and that annexed documents remain available for a period of up to 10 years to be determined in agreement with the approval authority;

• 4.3.4. analyse the results of each type of test or check, in order to verify and ensure the stability of the product characteristics, making allowance for variation in industrial production;

• 4.3.5. ensure that for each type of product, at least the checks and the tests prescribed in Regulation (EU) No 167/2013 and the delegated and implementing acts adopted pursuant to that Regulation as well as those set out in the relevant UNECE Regulation or OECD Code are carried out;

• 4.3.6. ensure that any set of samples or test pieces giving evidence of non-conformity in the type of test in question gives rise to a further sampling and test or check. All the necessary steps shall be taken to restore the production process to ensure conformity with the approved type;

• 4.3.7. in the case of vehicle type-approval, the checks referred to in point 4.3.5 shall at least consist in verifying the correct built specifications in relation to the approval and the information required for certificates of conformity.

• 4.4.In the case of step-by-step, mixed or multi-stage type-approvals, the approval authority granting whole vehicle type-approval may request specific details regarding compliance with the conformity of production requirements set out in this Annex from any approval authority that granted type-approval of any relevant system, component or separate technical unit.

• 4.5.If the approval authority granting whole vehicle type-approval is not satisfied with the reported information referred to in point 4.4 and has communicated this in writing to the manufacturer in question and the approval authority granting type-approval for the system, component or separate technical unit, the approval authority granting whole vehicle type-approval shall demand additional conformity of production audits or checks to be performed at the site of the manufacturer(s) of those systems, components or separate technical units and the results shall immediately be made available to the approval authority concerned.

• 4.6.If points 4.4 and 4.5 apply and the further audit or check results are deemed not to be satisfactory in the opinion of the approval authority granting whole vehicle type-approval, the manufacturer shall ensure that conformity of production is restored as soon as possible by corrective actions to the satisfaction of the approval authority granting whole vehicle type-approval and to the satisfaction of the approval authority granting type-approval of the system, component or separate technical unit.

5. Continued verification arrangements

• 5.1.The authority which has granted type-approval may at any time verify the conformity of production control methods applied in each production facility by means of periodic audits. The manufacturer shall for that purpose allow access to the manufacture, inspection, testing, storage and distribution sites and shall provide all necessary information with regard to the quality management system documentation and records.

• 5.1.1.The normal approach for such periodic audits shall be to monitor the continued effectiveness of the procedures laid down in sections 3 and 4 (initial assessment and product conformity arrangements) of this Annex.

• 5.1.1.1.Surveillance activities carried out by the technical services (qualified or recognised as required in point 3.3.3) shall be accepted as satisfying the requirements of point 5.1.1 with regard to the procedures established at initial assessment.

• 5.1.1.2.The normal frequency of these verifications by the approval authority (other than those referred to in point 5.1.1.1) shall be such as to ensure that the relevant conformity of production controls applied in accordance with sections 3 and 4 are reviewed over a period consistent with the climate of trust established by the approval authority.

• 5.2.At every review, the records of tests, checks and production records, and in particular the records of those tests or checks documented as required in point 4.2, shall be available to the inspector.

• 5.3.The inspector may select random samples to be tested in the manufacturer’s laboratory or in the facilities of the technical service, in which case only physical tests shall be carried out. The minimum number of samples may be determined according to the results of the manufacturer’s own verification.

• 5.4.Where the level of control appears unsatisfactory, or when it seems necessary to verify the validity of the tests carried out in application of point 5.2, the inspector shall select samples to be sent to the technical service to perform physical tests in accordance with the requirements set out in section 4 and in Regulation (EU) No 167/2013, the delegated and implementing acts adopted pursuant to that Regulation, the relevant UNECE Regulation or OECD Code.

• 5.5.Where unsatisfactory results are found during an inspection or a monitoring review, the approval authority shall ensure that all necessary steps are taken to restore conformity of production as rapidly as possible.

• 5.6.Where Regulation (EU) No 167/2013 requires compliance with UNECE regulations or allows to use complete test reports issued on the basis of OECD standard Codes as an alternative to the requirements set out in the delegated acts adopted pursuant to that Regulation, the manufacturer may choose to apply the provisions of this Annex as an alternative to the conformity of production requirements in the respective UNECE regulations or OECD Codes. However, if point 4.5 or 4.6 apply, all separate conformity of production requirements in UNECE Regulations or OECD Codes have to be complied with to the satisfaction of the approval authority until it decides that conformity of production has been restored.

ANNEX V

Requirements with regard to access to repair and maintenance information

LIST OF APPENDICES

Appendix Number	Appendix title
1	Access to vehicle OBD and vehicle repair and maintenance information
2	Information to enable the development of generic diagnostic tools

1. Definition

For the purposes of this Annex the following definition shall apply: ‘access to Vehicle OBD and Vehicle Repair and Maintenance Information’ means the availability of all OBD and repair and maintenance information required for the inspection, diagnosis, servicing or repair of the vehicle.

2. Compliance with access to vehicle OBD and vehicle repair and maintenance information requirements in the type-approval procedure

• 2.1.The manufacturer shall ensure compliance with the technical requirements in this Annex regarding access to vehicle OBD and vehicle repair and maintenance information.

• 2.2.Approval authorities shall grant type-approval only after receiving from the manufacturer a Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.

• 2.3.The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall serve as the proof of compliance with Chapter XV of Regulation (EU) No 167/2013.

• 2.4.The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall be drawn up in accordance with the model referred to in Article 53(8)(3) to Regulation (EU) No 167/2013.

3. Fees for access

In addition to time-based access under Article 55 of Regulation (EU) No 167/2013, 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 manufacturers offer both time-based and transaction-based access systems, independent repairers shall choose a preferred access system, either time-based or transaction based.

4. Service parts, diagnostic tools and test equipment

• 4.1.In the context of Article 53 (6) of Regulation (EU) No 167/2013, the manufacturer shall make the following information available to interested parties on the basis of individual arrangements to which the principle of Article 55 of Regulation (EU) No 167/2013 apply and to provide contact details on its website:

• 4.1.1. relevant information to enable the development of replacement components which are critical to the correct functioning of the OBD system;

• 4.1.2. information to enable the development of generic diagnostic tools as listed in Appendix 2.

• 4.2.For the purposes of point 4.1.1, the development of replacement components shall not be restricted by any of the following:

• 4.2.1. the unavailability of pertinent information;

• 4.2.2. 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;

• 4.2.3. specific modifications to the handling of OBD information to deal independently with vehicle operation on liquid or gaseous fuels;

• 4.2.4. the type-approval of gaseous-fuelled vehicles that contain a limited number of minor deficiencies.

• 4.3.For the purposes of point 4.1.2, where manufacturers use diagnostic and test tools in accordance with ISO 22900-2:2009 regarding Modular Vehicle Communication Interface (MVCI) and ISO 22901-2:2011 on Open Diagnostic Data Exchange (ODX) in their franchised networks, the ODX files shall be accessible to independent operators via the manufacturer’s website.

• 4.4.Point 4.1.2 shall apply from 1.7.2021.

• However, manufacturers of vehicles of R- and S-category that do not employ diagnostic tools or a physical or wireless communication with the on-board electronic control unit(s) for the purposes of diagnostics or reprogramming of their vehicles are exempted from the obligations set out in point 4.1.2.

5. Multi-stage type-approval

• 5.1.In the case of multi-stage type-approval, as defined in Article 20 of Regulation (EU) No 167/2013, 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).

• 5.2.In addition, the final manufacturer shall on its website provide independent operators with the following information:

• 5.2.1. website address of the manufacturer(s) responsible for the previous stage(s);

• 5.2.2. name and address of all the manufacturers responsible for the previous stage(s);

• 5.2.3. type-approval number(s) of the previous stage(s);

• 5.2.4. the engine number.

• 5.3.Manufacturers responsible for a particular stage or stages of type-approval shall be responsible for providing through their website access to vehicle OBD and vehicle repair and maintenance information regarding the stage(s) of type-approval for which they are responsible and the link to the previous stage(s).

• 5.4.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:

• 5.4.1. the Certificate of Conformity relating to the stage(s) for which it is responsible;

• 5.4.2. the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information, including its appendices;

• 5.4.3. the type-approval number corresponding to the stage(s) for which it is responsible;

• 5.4.4. the documents referred to in points 5.4.1, 5.4.2 and 5.4.3 as provided by the manufacturer(s) involved in the previous stage(s).

• 5.5.Each manufacturer shall authorise the manufacturer responsible for the next stage to pass the documents to the manufacturers responsible for subsequent and final stages.

• 5.6.In addition, on a contractual basis, the manufacturer responsible for a particular stage or stages of type-approval shall:

• 5.6.1. provide the manufacturer responsible for the next stage with access to OBD and repair and maintenance information and interface information corresponding to the particular stage(s) for which it is responsible;

• 5.6.2. 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.

• 5.7.A manufacturer, including a final manufacturer, may charge fees in accordance with Article 55 of Regulation (EU) No 167/2013 only in respect of the particular stage(s) for which he is responsible.

• 5.8.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.

6. Small volume manufacturers

• 6.1.Manufacturers shall provide access to repair and maintenance information in a readily accessible and prompt manner, and in a manner which is non-discriminatory as compared with the provisions given or access granted to authorised dealers and repairers in accordance with Article 53(13) of Regulation (EU) No 167/2013, if their annual worldwide production of a type of vehicle covered by that regulation is less than:

• (a) for T-category: 200 vehicles;

• (b) for C-category: 80 vehicles;

• (c) for R-category: 400 vehicles;

• (d) for S-category: 200 vehicles.

• For a type of system, component or separate technical unit covered by that Regulation, the relevant figure in the meaning of this provision is 250 units.

• 6.2.Vehicles, systems, components and separate technical units covered by point 6.1 shall be listed on the manufacturer’s repair and maintenance information website.

• 6.3.The approval authority shall inform the Commission of all type-approvals granted to small-volume manufacturers.

7. Compliance with the obligations regarding access to vehicle OBD and vehicle repair and maintenance information

• 7.1.An approval authority may, at any time, on their own initiative, or on the basis of a complaint or of an assessment by a technical service, check a manufacturer’s compliance with its obligations under Regulation (EU) No 167/2013, this Regulation and the terms of the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information.

• 7.2.Where an approval authority finds that a manufacturer has failed to comply with its 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.

• 7.3.Such measures may include withdrawal or suspension of type-approval, fines or other measures adopted in accordance with Regulation (EU) No 167/2013.

• 7.4.If an independent operator or a trade association representing independent operators files a complaint to the approval authority, the authority shall carry out an audit to verify the manufacturer’s compliance with obligations concerning access to vehicle OBD and vehicle repair and maintenance information.

• 7.5.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.

• 7.6.If the vehicle OBD and vehicle repair and maintenance information is not available when the application for type-approval is made, the manufacturer shall provide that information within six months of the date of type-approval.

• 7.7.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.

• 7.8.The approval authority may presume on the basis of a completed Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information that the manufacturer has put in place satisfactory arrangements and procedures with regard to access to vehicle OBD and vehicle repair and maintenance information, provided that no complaint was made and that the manufacturer provides the certificate within the periods referred to in paragraph 7.7.

• 7.9.If the certificate of compliance is not provided within that period, the approval authority shall take appropriate measures to ensure compliance.

8. Information requirements for granting access to independent operators to non-secure areas

• 8.1.For access to any OBD and repair and maintenance information other than that relating to secure areas of the vehicle, registration requirements for use of the manufacturer’s website by an independent operator shall require only such information as is necessary to confirm how payment for the information is to be made.

9. Information requirements for granting access to independent operators to secure areas

• 9.1.For access to any OBD and repair and maintenance information concerning access to secure areas of the vehicle, the independent operator shall be approved and authorised for this purpose on the basis of documents demonstrating that it pursues a legitimate business activity and has not been convicted of relevant criminal activity.

• 9.2.Independent operators shall be given access to vehicle security features used by authorised dealers and repair shops under protection of security technology concerning the exchange of data to ensure confidentiality, integrity and protection against replay.

• 9.3.The Forum on Access to Vehicle Information provided for by Article 56 of Regulation (EU) No 167/2013 will specify state-of-the-art parameters for fulfilling these requirements.

• 9.4.For information concerning access to secure areas of the vehicle, the independent operator shall present a certificate in accordance with ISO 20828:2006 to identify itself and the organisation to which it belongs. The manufacturer shall respond with its own certificate in accordance with ISO 20828:2006 to confirm to the independent operator that it is accessing a legitimate site of the manufacturer in question. Both parties shall keep a log of any such transactions indicating the vehicles and changes made to them under this provision.

Appendix 1

Access to vehicle OBD and vehicle repair and maintenance information

1. Introduction

• 1.1.This Appendix lays down technical requirements for the accessibility of vehicle OBD and vehicle repair and maintenance information.

2. Requirements

• 2.1.The manufacturer shall provide vehicle repair and maintenance information using only open text and graphic formats or formats which can be viewed and printed using only standard software plug-ins that are freely available, easy to install, and which run with computer operating systems commonly in use.

• 2.1.1.Vehicle OBD and vehicle repair and maintenance information available through websites shall follow the common standard referred to in Article 53(2) of Regulation (EU) No 167/2013.

• 2.1.2.Where possible, keywords in the metadata shall conform to ISO 15031-2:2010. Such information shall be always available, except as required for website maintenance purposes.

• 2.1.3.Those requiring the right to duplicate or re-publish the information should negotiate directly with the manufacturer concerned.

• 2.1.4.Information for training material shall also be available, but may be presented through media other than websites.

• 2.2.Information on all parts of the vehicle, with which the vehicle, as identified by the model and serial number, or by VIN number of the vehicle and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and which can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts numbers, shall be made available in a database easily accessible to independent operators.

• 2.3.This database or alternative accessible format shall comprise the VIN, OE parts numbers, OE naming of the parts, validity attributes (valid-from and valid-to dates), fitting attributes and, where applicable, structuring characteristics.

• 2.4.The information on the database or available in another accessible format shall be regularly updated. In particular, the updates shall include all modifications to individual vehicles after their production if this information is available to authorised dealers.

• 2.5.Reprogramming and diagnostics of control units for the purposes of recalibration after a repair or loading software to a replacement ECU or recoding or reinitialising replacement parts or components, must allow the use of non-proprietary hardware.

• 2.5.1.Reprogramming and diagnostics (PC-VCI communication interface) shall be conducted in accordance with either ISO 22900-2, SAE J2534 or TMC RP1210 from 1.7.2021;

• However, the first paragraph shall apply from 1.7.2023 to the following manufacturers:

• (a) manufacturers of vehicles of R- and S-category;

• (b) manufacturers of vehicles of T- and C-category whose production is below the limits set out in point 6.1 of this Annex;

• (c) manufacturers of systems, components or separate technical units whose production is below the limits set out in point 6.1 of this Annex.

• 2.5.2.Ethernet, serial cable or Local Area Network (LAN) interface and alternative media like Compact Disc (CD), Digital Versatile Disc (DVD) or solid state memory device may also be used, but on the condition that no proprietary communication software (e.g. drivers or plug-ins) and hardware is required. For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2, SAE J2534 or TMC RP1210, the manufacturer shall offer either a validation of independently developed VCIs or the information, and loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions set out in Article 55 of Regulation (EU) No 167/2013 shall apply to fees for such validation or information and hardware.

• 2.5.3.Co-existence of vehicle manufacturers’ software shall be ensured from 1.7.2021;

• However, the first paragraph shall apply from 1.7.2023 to the following manufacturers:

• (a) manufacturers of vehicles of R- and S-category;

• (b) manufacturers of vehicles of T- and C-category whose production is below the limits set out in point 6.1 of this Annex;

• (c) manufacturers of systems, components or separate technical units whose production is below the limits set out in point 6.1 of this Annex.

• 2.5.4.To ensure communication between the vehicle and diagnostic tools, the following standards shall apply for the physical diagnostic connectors between VCI and vehicle: SAE J1939-13, ISO 11783-2, ISO 15031-3 and ISO 13400-4.

• 2.5.5.When a manufacturer recommends a combination of a type of tractor with a type of R or S category vehicle or vice versa, he shall provide the vehicle OBD and vehicle repair and maintenance information related to the interconnectivity of both vehicles to independent operators. This information may also be provided through a website set up jointly by several manufacturers or a consortium of manufacturers if this website is compliant with the provisions of this Regulation, as indicated by recital 23 to Regulation (EU) No 167/2013.

• 2.6.Manufacturers’ repair information websites shall indicate type-approval numbers by model.

• 2.7.Manufacturers shall establish reasonable and proportionate fees for hourly, daily, monthly, annual and if applicable per-transaction access to their repair and maintenance information websites.

Appendix 2

Information to enable the development of generic diagnostic tools

1. Information required for the manufacture of diagnostic tools

In order to facilitate the provision of generic diagnostic tools for multi-make repairers, vehicle manufacturers shall make available the information referred to in points 1.1, 1.2 and 1.3 through their repair information websites. That information shall include all diagnostic tool functions and all the links to repair information and troubleshooting instructions. The access to the information may be subject to the payment of a reasonable fee.

1.1.   Communication protocol information

The following information shall be required indexed against vehicle make, model and variant, or other workable definition such as VIN or vehicle and systems identification:

• (a) Any additional protocol information system necessary to enable complete diagnostics in addition to the standards prescribed in point 4.7.3 of Annex 9B to UNECE Regulation No 49, including any additional hardware or software protocol information, parameter identification, transfer functions, ‘keep alive’ requirements, or error conditions;

• (b) Details of how to obtain and interpret all fault codes which are not in accordance with the standards prescribed in point 4.7.3 of Annex 9B to UNECE Regulation No 49;

• (c) A list of all available live data parameters, including scaling and access information;

• (d) A list of all available functional tests, including device activation or control and the means to implement them;

• (e) Details of how to obtain all component and status information, time stamps, pending DTC and freeze frames,

• (f) Resetting adaptive learning parameters, variant coding and replacement component setup, and customer preferences,

• (g) ECU identification and variant coding,

• (h) Details of how to reset service lights;

• (i) Location of diagnostic connector and connector details;

• (j) Engine code identification.

1.2.   Test and diagnosis of OBD monitored components

The following information shall be required:

• (a) A description of tests to confirm its functionality, at the component or in the harness;

• (b) Test procedure including test parameters and component information;

• (c) Connection details including minimum and maximum input and output and driving and loading values;

• (d) Values expected under certain driving conditions including idling;

• (e) Electrical values for the component in its static and dynamic states;

• (f) Failure mode values for each of the above scenarios;

• (g) Failure mode diagnostic sequences including fault trees and guided diagnostics elimination;

1.3.   Data required to perform the repair

The following information shall be required:

• (a) ECU and component initialisation (in the event of replacements being fitted);

• (b) Initialisation of new or replacement ECU’s where relevant using pass-through (re-) programming techniques.

ANNEX VI

Requirements applying to roll-over protection structures (dynamic testing)

A. GENERAL PROVISION

• 1.The Union requirements applying to roll-over protection structures (dynamic testing) are set out in point B.

B. REQUIREMENTS APPLYING TO ROLL-OVER PROTECTION STRUCTURES (DYNAMIC TESTING) ([^E0001])

1. Definitions

• 1.1. [Not applicable]

• 1.2. Rolling Over Protective Structure (ROPS)

Roll-over protective structure (protective cab or frame), hereinafter called ‘protective structure’, means the structure on a tractor the essential purpose of which is to avoid or limit risks to the driver resulting from roll-over of the tractor during normal use.

The roll-over protective structure is characterized by the provision of space for a clearance zone large enough to protect the driver when seated either inside the envelope of the structure or within a space bounded by a series of straight lines from the outer edges of the structure to any part of the tractor that might come into contact with flat ground and that is capable of supporting the tractor in that position if the tractor overturns.

• 1.3. Track

1.3.1.   Preliminary definition: median plane of the wheel