Commission Directive 2006/51/EC of 6 June 2006 amending for the purposes of adapting to technical progress Annex I to Directive 2005/55/EC of the European Parliament and of the Council and Annexes IV and V to Directive 2005/78/EC as regards requirements for the emission control monitoring system for use in vehicles and exemptions for gas engines (Text with EEA relevance)

of 6 June 2006

amending for the purposes of adapting to technical progress Annex I to Directive 2005/55/EC of the European Parliament and of the Council and Annexes IV and V to Directive 2005/78/EC as regards requirements for the emission control monitoring system for use in vehicles and exemptions for gas engines

(Text with EEA relevance)

Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers ¹ , and in particular the second indent of Article 13(2) thereof,

Having regard to Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005, on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles ² , and in particular Article 7 thereof,

Whereas:

(1) Directive 2005/55/EC is one of the separate directives in the context of the Community type approval procedure laid down by Directive 70/156/EEC.

(2) Commission Directive 2005/78/EC of 14 November 2005 implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Annexes I, II, III, IV and VI thereto introduced amending and implementing measures in relation to the durability of emission control systems, in-use conformity over a defined useful period and on-board diagnostic (OBD) systems for new heavy duty vehicles and engines.

(3) In view of the technical progress it is now appropriate to introduce improved requirements relating to the verification of the operational conditions, failures and demonstration of the emission control monitoring system at the moment of the type approval.

(4) It is necessary to ensure that the functioning of the emission control monitoring system is not impaired by a defeat strategy.

(5) Gas engines do not use the exhaust gas recirculation or selective catalytic reduction technologies in order to fulfil the current standards for NO x emissions. Therefore, it is considered that, at this stage, gas engines and vehicles fuelled with gas should be exempted from the requirements to ensure correct operation of NO x control measures. The exemption might be revoked when taking into consideration further emission stages.

(6) It is appropriate to adjust the date of application of sections 6.5.3, 6.5.4 and 6.5.5 of Annex I to Directive 2005/55/EC in case of new type approvals.

(7) The Commission intends to review the OBD threshold limit values in order to adapt them to the technological progress.

(8) Directives 2005/55/EC and 2005/78/EC should therefore be amended accordingly.

(9) The measures provided for in this Regulation are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Article 13(1) of Directive 70/156/EEC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 2005/55/EC is amended in accordance with Annex I to this Directive.

Article 2

Annex IV to Directive 2005/78/EC is amended in accordance with Annex II to this Directive.

Article 3

1. Member States shall adopt and publish, by 8 November 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. They shall apply those provisions from 9 November 2006. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 4

This Directive shall enter into force on the third day following its publication in the Official Journal of the European Union .

Article 5

This Directive is addressed to the Member States.

Final provisions

Done at Brussels, 6 June 2006. For the Commission Günter VERHEUGEN Vice-President

¹ OJ L 42, 23.2.1970, p. 1 . Directive as last amended by Commission 2006/28/EC ( OJ L 65, 7.3.2006, p. 27 ).

² OJ L 275, 20.10.2005, p. 1 . Directive as amended by Commission Directive 2005/78/EC ( OJ L 313, 29.11.2005, p. 1 ).

AMENDMENTS TO DIRECTIVE 2005/55/EC

Annex I is amended as follows:

1.	(a): the definition of ‘defeat strategy’ is replaced by the following: ‘ “defeat strategy” means: — an AECS that reduces the effectiveness of the emission control relative to the BECS under conditions that may reasonably be expected to be encountered in normal vehicle operation and use, — a BECS that discriminates between operation on a standardised type-approval test and other operations and provides a lesser level of emission control under conditions not substantially included in the applicable type-approval test procedures, or — an OBD or an emission control monitoring strategy that discriminates between operation on a standardised type-approval test and other operations and provides a lower level of monitoring capability (timely and accurately) under conditions not substantially included in the applicable type-approval test procedures;’ — — — an AECS that reduces the effectiveness of the emission control relative to the BECS under conditions that may reasonably be expected to be encountered in normal vehicle operation and use, — — — a BECS that discriminates between operation on a standardised type-approval test and other operations and provides a lesser level of emission control under conditions not substantially included in the applicable type-approval test procedures, or — — — an OBD or an emission control monitoring strategy that discriminates between operation on a standardised type-approval test and other operations and provides a lower level of monitoring capability (timely and accurately) under conditions not substantially included in the applicable type-approval test procedures;’ —: an AECS that reduces the effectiveness of the emission control relative to the BECS under conditions that may reasonably be expected to be encountered in normal vehicle operation and use, —: a BECS that discriminates between operation on a standardised type-approval test and other operations and provides a lesser level of emission control under conditions not substantially included in the applicable type-approval test procedures, or —: an OBD or an emission control monitoring strategy that discriminates between operation on a standardised type-approval test and other operations and provides a lower level of monitoring capability (timely and accurately) under conditions not substantially included in the applicable type-approval test procedures;’	(a)	—: an AECS that reduces the effectiveness of the emission control relative to the BECS under conditions that may reasonably be expected to be encountered in normal vehicle operation and use,	—	an AECS that reduces the effectiveness of the emission control relative to the BECS under conditions that may reasonably be expected to be encountered in normal vehicle operation and use,	—	a BECS that discriminates between operation on a standardised type-approval test and other operations and provides a lesser level of emission control under conditions not substantially included in the applicable type-approval test procedures, or
(a)	—: an AECS that reduces the effectiveness of the emission control relative to the BECS under conditions that may reasonably be expected to be encountered in normal vehicle operation and use,	—	an AECS that reduces the effectiveness of the emission control relative to the BECS under conditions that may reasonably be expected to be encountered in normal vehicle operation and use,	—	a BECS that discriminates between operation on a standardised type-approval test and other operations and provides a lesser level of emission control under conditions not substantially included in the applicable type-approval test procedures, or	—	an OBD or an emission control monitoring strategy that discriminates between operation on a standardised type-approval test and other operations and provides a lower level of monitoring capability (timely and accurately) under conditions not substantially included in the applicable type-approval test procedures;’
—	an AECS that reduces the effectiveness of the emission control relative to the BECS under conditions that may reasonably be expected to be encountered in normal vehicle operation and use,
—	a BECS that discriminates between operation on a standardised type-approval test and other operations and provides a lesser level of emission control under conditions not substantially included in the applicable type-approval test procedures, or
—	an OBD or an emission control monitoring strategy that discriminates between operation on a standardised type-approval test and other operations and provides a lower level of monitoring capability (timely and accurately) under conditions not substantially included in the applicable type-approval test procedures;’
(b)	in the definition of ‘permanent emission default mode’‘permanent emission default mode’ is replaced by ‘emission default mode’;
(c)	the following definition is added: ‘ “emission control monitoring system” means the system that ensures correct operation of the NO x control measures implemented in the engine system according to the requirements of section 6.5 of Annex I.’;

2. in the second indent of section 6.1.5.6 ‘permanent emission default modes’ is replaced by ‘emission default modes’.

3.	—: below 10 % of the tank or a higher percentage at the choice of the manufacturer, or	—	below 10 % of the tank or a higher percentage at the choice of the manufacturer, or	—	below the level corresponding to the driving distance possible with the fuel reserve level specified by the manufacturer.	—	level of reagent in on-vehicle storage tank,	—	flow of reagent or injection of reagent as close as technically possible to the point of injection into an exhaust aftertreatment system.	—	60 % of the engine maximum torque for vehicles of category N3 > 16 tonnes, M1 > 7,5 tonnes, M3/III and M3/B > 7,5 tonnes,	—	75 % of the engine maximum torque for vehicles of category N1, N2, N3 ≤ 16 tons, 3,5 < M1 ≤ 7,5 tonnes, M2, M3/I, M3/II, M3/A and M3/B ≤ 7,5 tonnes.	—	at all ambient temperatures between 266 K and 308 K (– 7 °C and 35 °C),	—	at all altitudes below 1 600 m,	—	at engine coolant temperatures above 343 K (70 °C).	Selection: An incorrect operation of the NO x control measures or a failure of the emission control monitoring system is selected by the authority within a list of incorrect operations provided by the manufacturer.	Qualification: The influence of the incorrect operation is validated by measuring the NO x level over the ETC on an engine test bed.	Demonstration: The reaction of the system (torque reduction, warning signal, etc.) shall be demonstrated by running the engine on four OBD test cycles.	—	that it is possible to confirm via the OBD scan tool the presence in the OBD computer memory of the appropriate non-erasable fault code described in section 6.5.3.3 and that it can be shown to the satisfaction of the type approval authority that the scan tool cannot erase it, and,	—	that it is possible to confirm the time spent during the detection sequence with the warning signal activated by reading the non-erasable counter referred to in section 3.9.2 of Annex IV to Directive 2005/78/EC, and that it can be shown to the satisfaction of the type approval authority that the scan tool cannot erase it, and,	—	that the type-approval authority has approved the elements of design showing that this non-erasable information is stored in accordance with section 3.9.2 of Annex IV to Directive 2005/78/EC for a minimum of 400 days or 9 600 hours of engine operation.’
—	below 10 % of the tank or a higher percentage at the choice of the manufacturer, or
—	below the level corresponding to the driving distance possible with the fuel reserve level specified by the manufacturer.
—	level of reagent in on-vehicle storage tank,
—	flow of reagent or injection of reagent as close as technically possible to the point of injection into an exhaust aftertreatment system.
—	60 % of the engine maximum torque for vehicles of category N3 > 16 tonnes, M1 > 7,5 tonnes, M3/III and M3/B > 7,5 tonnes,
—	75 % of the engine maximum torque for vehicles of category N1, N2, N3 ≤ 16 tons, 3,5 < M1 ≤ 7,5 tonnes, M2, M3/I, M3/II, M3/A and M3/B ≤ 7,5 tonnes.
—	at all ambient temperatures between 266 K and 308 K (– 7 °C and 35 °C),
—	at all altitudes below 1 600 m,
—	at engine coolant temperatures above 343 K (70 °C).
Selection: An incorrect operation of the NO x control measures or a failure of the emission control monitoring system is selected by the authority within a list of incorrect operations provided by the manufacturer.
Qualification: The influence of the incorrect operation is validated by measuring the NO x level over the ETC on an engine test bed.
Demonstration: The reaction of the system (torque reduction, warning signal, etc.) shall be demonstrated by running the engine on four OBD test cycles.
—	that it is possible to confirm via the OBD scan tool the presence in the OBD computer memory of the appropriate non-erasable fault code described in section 6.5.3.3 and that it can be shown to the satisfaction of the type approval authority that the scan tool cannot erase it, and,
—	that it is possible to confirm the time spent during the detection sequence with the warning signal activated by reading the non-erasable counter referred to in section 3.9.2 of Annex IV to Directive 2005/78/EC, and that it can be shown to the satisfaction of the type approval authority that the scan tool cannot erase it, and,
—	that the type-approval authority has approved the elements of design showing that this non-erasable information is stored in accordance with section 3.9.2 of Annex IV to Directive 2005/78/EC for a minimum of 400 days or 9 600 hours of engine operation.’

AMENDMENTS TO DIRECTIVE 2005/78/EC

1.	(a): in section 3.6.4 ‘permanent emission default mode’ is replaced by ‘emission default mode’;	(a)	in section 3.6.4 ‘permanent emission default mode’ is replaced by ‘emission default mode’;
(a)	in section 3.6.4 ‘permanent emission default mode’ is replaced by ‘emission default mode’;
(b)	in the second paragraph of section 3.7 ‘permanent emission default mode’ is replaced by ‘emission default mode’;
(c)	‘3.8.3.: In the case of MI activation due to incorrect operation of the engine system with respect to NO x control measures, or incorrect reagent consumption and dosing activity, the MI may be switched back to the previous state of activation if the conditions given in section 6.5.3., 6.5.4 and 6.5.7. of Annex I to Directive 2005/55/EC no longer apply.’;	‘3.8.3.	In the case of MI activation due to incorrect operation of the engine system with respect to NO x control measures, or incorrect reagent consumption and dosing activity, the MI may be switched back to the previous state of activation if the conditions given in section 6.5.3., 6.5.4 and 6.5.7. of Annex I to Directive 2005/55/EC no longer apply.’;
‘3.8.3.	In the case of MI activation due to incorrect operation of the engine system with respect to NO x control measures, or incorrect reagent consumption and dosing activity, the MI may be switched back to the previous state of activation if the conditions given in section 6.5.3., 6.5.4 and 6.5.7. of Annex I to Directive 2005/55/EC no longer apply.’;
(d)	‘3.9.2.: From 9 November 2006 for new type approvals and from 1 October 2007 for all registrations, in the case of a non-erasable fault code being generated according to sections 6.5.3 or 6.5.4 of Annex I to Directive 2005/55/EC, the OBD system shall retain a record of the fault code and the hours run by the engine during the MI activation for at least 400 days or 9 600 hours of engine operation. Any such fault code and the corresponding hours run by the engine during MI activation shall not be erased through use of any external diagnostic or other tool as referred to in section 6.8.3 of this Annex.’	‘3.9.2.	From 9 November 2006 for new type approvals and from 1 October 2007 for all registrations, in the case of a non-erasable fault code being generated according to sections 6.5.3 or 6.5.4 of Annex I to Directive 2005/55/EC, the OBD system shall retain a record of the fault code and the hours run by the engine during the MI activation for at least 400 days or 9 600 hours of engine operation. Any such fault code and the corresponding hours run by the engine during MI activation shall not be erased through use of any external diagnostic or other tool as referred to in section 6.8.3 of this Annex.’
‘3.9.2.	From 9 November 2006 for new type approvals and from 1 October 2007 for all registrations, in the case of a non-erasable fault code being generated according to sections 6.5.3 or 6.5.4 of Annex I to Directive 2005/55/EC, the OBD system shall retain a record of the fault code and the hours run by the engine during the MI activation for at least 400 days or 9 600 hours of engine operation. Any such fault code and the corresponding hours run by the engine during MI activation shall not be erased through use of any external diagnostic or other tool as referred to in section 6.8.3 of this Annex.’

	2.	(a): point 2 is replaced by the following: ‘2. Example of applying requirements set out in this Directive and Directive 2005/55/EC for the third approval (with, as yet, no extension) corresponding to application date B1 with OBD stage I, issued by the United Kingdom: e112005/552005/78B000300’; — ‘2. — Example of applying requirements set out in this Directive and Directive 2005/55/EC for the third approval (with, as yet, no extension) corresponding to application date B1 with OBD stage I, issued by the United Kingdom: e112005/552005/78B000300’; ‘2.: Example of applying requirements set out in this Directive and Directive 2005/55/EC for the third approval (with, as yet, no extension) corresponding to application date B1 with OBD stage I, issued by the United Kingdom: e112005/552005/78B000300’;

In accordance with table I, section 6 of Annex I to Directive 2005/55/EC.

In accordance with Article 4 of Directive 2005/55/EC, gas engines are excluded from OBD stage I.

In accordance with section 6.5 of Annex I to Directive 2005/55/EC.’

. Directive as last amended by Commission 2006/28/EC (). ↩ ↩²
. Directive as amended by Commission Directive 2005/78/EC (). ↩ ↩²