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Regulation 3 Amendment to article 3 (interpretation)

Original text. Later amendments are not shown.

(1)

In article 3(1)—

(a)

in paragraph (e) of the definition of “manufacturer”, after “Regulation (EU) 2017/1151”f1 insert “or Regulation (EU) 595/2009”f2;

(b)

after the definition of “type approval” insert—

  • ““UN Regulation No 154” means UN Regulation No 154 – Uniform provisions concerning the approval of light duty passenger and commercial vehicles with regards to criteria emissions, emissions of carbon dioxide and fuel consumption and/or the measurement of electric energy consumption and electric range (WLTP)f3;”;

(c)

in paragraph (b) of the definition of “the zero-emission conditions”, after “van or SPV,” insert “and subject to paragraph (8A),”.

(2)

After article 3(8) insert—

“(8A)

Condition B does not need to be met in the case of a vehicle which was type-approved in accordance with Annex 21 to Regulation (EU) 2017/1151 as a Fuel Cell Vehicle or a Fuel Cell Hybrid Vehicle where the fuel cell is powered by hydrogen.

(8B)

For the purposes of paragraph (8A)—

  • “Fuel Cell Vehicle” has the same meaning as in—

    1. (a)

      point 3.3.19 of Annex XXI of Regulation (EU) 2017/1151 as that Regulation has effect in domestic law, or

    2. (b)

      where the Regulation (EU) 2017/1151 as that Regulation applies in EU law is relevant, paragraph 3.3.19 of UN Regulation No 154;

  • “Fuel Cell Hybrid Vehicle” has the same meaning as in—

    1. (a)

      point 3.3.20 of Annex XXI of Regulation (EU) 2017/1151 as that Regulation has effect in domestic law, or

    2. (b)

      where the Regulation (EU) 2017/1151 as that Regulation applies in EU law is relevant, paragraph 3.3.20 of UN Regulation No 154.”.

Annotations

Footnotes

f1

Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008, as that Regulation has effect in domestic law (EUR 2017/1151, amended by S.I. 2022/1273), or, as the case may be, as it has effect in EU law from time to time and by virtue of the Windsor Framework (OJ No. L 175, 07.07.2017, p.1; amended by Commission Regulation (EU) 2017/1154, 2017/1347 and 2018/1832).

f2

Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC, as that Regulation has effect in domestic law (EUR 595/2009, amended by S.I. 2022/1273), or, as the case may be, as it has effect in EU law from time to time and by virtue of the Windsor Framework (OJ No. L 188, 18.7.2009, p. 1; amended by Commission Regulation (EU) No 582/2011 and 133/2014, Regulation (EU) 2018/858 and Regulation (EU) 2019/1242).

f3

OJ L 423, 26.11.2021, p. 1.