Article 18
Measures regarding modifications to the powertrain of vehicles
1.
‘Powertrain’ means the components and systems of a vehicle that generate power and deliver it to the road surface, including the engine(s), the engine management systems or any other control module, the pollution control devices, the transmission and its control, either a drive shaft or belt drive or chain drive, the differentials, the final drive, and the driven wheel tyre (radius).
2.
L-category vehicles shall be equipped with designated measures to prevent tampering of a vehicle's powertrain, to be laid down in a delegated act by means of a series of technical requirements and specifications with the aim:
(a)
to prevent modifications that may prejudice safety, in particular by increasing vehicle performance through tampering with the powertrain in order to increase the maximum torque and/ or power and/or maximum designed vehicle speed as declared by the manufacturer of a vehicle upon type-approval, and/or
(b)
to prevent damage to the environment.
3.
The Commission shall lay down the specific requirements regarding the measures referred to in paragraph 2 by means of a delegated act adopted in accordance with Articles 76, 77 and 78.
4.
After a modification of the powertrain, a vehicle shall comply with the technical requirements of the initial vehicle category and subcategory, or, if applicable, the new vehicle category and subcategory, which were in force when the original vehicle was sold, registered or entered into service, including the latest amendments to the requirements.
Article 52
functioning of essential systems
Systems, components or separate technical units that may pose a significant risk to the correct functioning of systems that are essential for the safety of the vehicle or for its environmental performance may not be sold, registered or enter into service shall be prohibited unless they have been authorised by an approval authority in accordance with paragraph 4 and Article 53(1) and (2).
The Commission shall establish a list of the systems, components or separate technical units covered by paragraph 1 by means of delegated acts in accordance with Articles 76, 77 and 78, taking account of available information on the following:
(a)
the seriousness of the risk to the safety or environmental performance of vehicles fitted with the systems, components or separate technical units in question;
(b)
the effect on consumers and after-market manufacturers of the imposition under this Article of a possible authorisation requirement for systems, components or separate technical units.
‘Original components’ are vehicle parts manufactured according to the specifications and production standards provided by the vehicle manufacturer for the production of components for the assembly of the vehicle in question, including those components which are manufactured on the same production line as these components, and, based on a rebuttable presumption, components for which the manufacturer certifies that they match the quality of the components used for the assembly of the vehicle in question and have been manufactured according to the specifications and production standards of the vehicle manufacturer; the same applies to separate technical units.
Paragraph 1 shall not apply to original systems, components or separate technical units and to systems, components or separate technical units that are type-approved in accordance with the provisions of one of the acts listed in Annex II, except where the approval relates to aspects other than those covered in paragraph 1.
Paragraph 1 shall not apply to systems, components or separate technical units produced for vehicles intended exclusively for racing on roads. If systems, components or separate technical units on a list in a delegated act to this Regulation have a dual use, for vehicles intended exclusively for racing on roads and for vehicles intended for use on public roads, they may not be sold or offered for sale to consumers.
The Commission shall, to the extent necessary, lay down the model and numbering system for the certificate referred to in third subparagraph of Article 53(1) as well as all aspects relating to the procedure by means of implementing act in accordance with Article 73. The Commission, shall lay down the requirements which such components must fulfil, the marking, packaging and the appropriate tests by means of delegated acts in accordance Articles 76, 77 and 78.
The requirements referred to in paragraph 4 may be based on the acts listed in Annex II or may consist of a comparison of the system, component or separate technical unit with the performance of the original vehicle, or of any of its parts, as appropriate. In either case the requirements shall ensure that the systems, components or separate technical units do not impair the functioning of those systems that are essential for the safety of the vehicle or its environmental performance.
Article 53
functioning of essential systems — related requirements
For the purposes of Article 52(1), the manufacturer of systems, components or separate technical units shall submit to the approval authority a test report drafted by a designated technical service which certifies that the systems, components or separate technical units for which authorisation is sought comply with the requirements referred to in Article 52(4). The manufacturer may submit only one application per type per part to only one approval authority.
The application shall include details of the manufacturer of the systems, components or separate technical units, the type, identification and part numbers of the systems, components or separate technical units, the vehicle manufacturer’s name, type of vehicle and, if appropriate, year of construction or any other information permitting the identification of the vehicle to which the systems, components or separate technical units are to be fitted.
When the approval authority is satisfied, taking account of the test report and other evidence, that the systems, components or separate technical units in question comply with the requirements referred to in Article 52(4), it shall issue a certificate to the manufacturer without delay. This certificate shall authorise the systems, components or separate technical units to be sold and the entry into service in the Union subject to the second subparagraph of paragraph 2.
The manufacturer shall inform without delay the approval authority that issued the certificate of any change affecting the conditions under which it was issued. That approval authority shall decide whether the certificate has to be reviewed or reissued and whether further tests are necessary.
The manufacturer shall be responsible for ensuring that the systems, components or separate technical units are produced and continue to be produced under the conditions under which the certificate was issued.
Before delivering any authorisation, the approval authority shall verify the existence of satisfactory arrangements and procedures for ensuring effective control of conformity of production.