# 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 (Text with EEA relevance), Article 9: In service conformity

Extent: E+W+S+N.I.

1. Measures to ensure in-service conformity of vehicles type-approved under this Regulation shall be taken in accordance with Annex IV to Regulation (EU) 2018/858 and Annex II to this Regulation.
2. The in-service conformity checks shall be appropriate for confirming that tailpipe and evaporative emissions are effectively limited during the normal life of vehicles under normal conditions of use.
3. In-service conformity shall be checked on properly maintained and used vehicles, in accordance with Appendix 1 of Annex II, between 15 000 km or 6 months whichever occurs later and 100 000 km or 5 years whichever occurs sooner. In service conformity for evaporative emissions shall be checked on properly maintained and used vehicles, in accordance with Appendix 1 of Annex II, between 30 000 km or 12 months whichever occurs later and 100 000 km or 5 years whichever occurs sooner.
The requirements for in-service conformity checks are applicable until 5 years after the last Certificate of Conformity or individual approval certificate is issued for vehicles of that in-service conformity family.
4. In-service conformity checks shall not be mandatory if the annual sales of the in-service conformity family are less than 5 000 vehicles in Great Britain for the previous year. For such families, the manufacturer shall provide the approval authority with a report of any emissions related warranty, repair claim and OBD fault as set out in point 4.1 of Annex II. Such in-service conformity families may still be selected to be tested in accordance with Annex II.
5. The manufacturer and the ... approval authority shall perform in-service conformity checks in accordance with Annex II.
6. The ... approval authority shall take the decision on whether a family failed the provisions of in-service conformity, following a compliance assessment and approve the plan of remedial measures presented by the manufacturer in accordance with Annex II.
7. If the approval authority has established that an in-service conformity family fails the in-service conformity check, it must inform the manufacturer that an in-service conformity family fails the in-service conformity checks and that the procedures described in points 6 and 7 of Annex II must be followed.
...
8. In addition to points 1 to 7, the following shall apply to vehicles type approved according to Part B of Annex II.
(a) Vehicles submitted to multi-stage type-approval, as defined in Article 3(8) of Regulation (EU) 2018/858, shall be checked for in service conformity in accordance with the rules for multistage approval set out in point 5.10.6 of Part B of Annex II to this Regulation.
(b) Armoured vehicles, hearses and wheelchair accessible vehicles, as defined in points 5.2, 5.4 and 5.5 of Part A of Annex I to Regulation (EU) 2018/858 respectively, shall not be subject to the provisions of this Article. All other special purpose vehicles as defined in point 5 of Part A of Annex I to Regulation (EU) 2018/858, shall be checked for in service conformity in accordance with the rules for multistage type-approvals set out in Part B of Annex II to this Regulation.

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Source: https://www.legislation.gov.uk/eur/2017/1151/article/9 (the official version)
Page: https://openlegislation.uk/eu-regulation-2017-1151/article-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

