1.

section 2.1 is amended as follows:

2.

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

3.

section 6.5 is replaced by the following:

‘6.5.   Requirements to ensure correct operation of NOx control measures

6.5.1.   General

6.5.1.1.   This section is applicable to compression-ignition engine systems irrespective of the technology used to comply with the emission limit values provided in the tables in section 6.2.1.

6.5.1.2.   Application dates

The requirements of sections 6.5.3, 6.5.4 and 6.5.5 shall apply from 9 November 2006 for new type approvals and from 1 October 2007 for all registrations of new vehicles.

6.5.1.3.   Any engine system covered by this section shall be designed, constructed and installed so as to be capable of meeting these requirements over the useful life of the engine.

6.5.1.4.   Information that fully describes the functional operational characteristics of an engine system covered by this section shall be provided by the manufacturer in Annex II.

6.5.1.5.   In its application for type-approval, if the engine system requires a reagent, the manufacturer shall specify the characteristics of all reagent(s) consumed by any exhaust aftertreatment system, e.g. type and concentrations, operational temperature conditions, reference to international standards etc.

6.5.1.6.   Subject to requirements set out in section 6.1, any engine system covered by this section shall retain its emission control function during all conditions regularly pertaining in the territory of the Community, especially at low ambient temperatures.

6.5.1.7.   For the purpose of type-approval, the manufacturer shall demonstrate to the Technical Service that for engine systems that require a reagent, any emission of ammonia does not exceed, over the applicable emissions test cycle, a mean value of 25 ppm.

6.5.1.8.   For engine systems requiring a reagent, each separate reagent tank installed on a vehicle shall include means for taking a sample of any fluid inside the tank. The sampling point shall be easily accessible without the use of any specialised tool or device.

6.5.2.   Maintenance requirements

6.5.2.1.   The manufacturer shall furnish or cause to be furnished to all owners of new heavy-duty vehicles or new heavy-duty engines written instructions that shall state that if the vehicle emission control system is not functioning correctly, the driver shall be informed of a problem by the malfunction indicator (MI) and the engine shall consequentially operate with a reduced performance.

6.5.2.2.   The instructions will indicate requirements for the proper use and maintenance of vehicles, including where relevant the use of consumable reagents.

6.5.2.3.   The instructions shall be written in clear and non-technical language and in the language of the country in which a new heavy-duty vehicle or new heavy-duty engine is sold or registered.

6.5.2.4.   The instructions shall specify if consumable reagents have to be refilled by the vehicle operator between normal maintenance intervals and shall indicate a likely rate of reagent consumption according to the type of new heavy-duty vehicle.

6.5.2.5.   The instructions shall specify that use of and refilling of a required reagent of the correct specifications when indicated is mandatory for the vehicle to comply with the certificate of conformity issued for that vehicle or engine type.

6.5.2.6.   The instructions shall state that it may be a criminal offence to use a vehicle that does not consume any reagent if it is required for the reduction of pollutant emissions and that, in consequence, any favourable conditions for the purchase or operation of the vehicle obtained in the country of registration or other country in which the vehicle is used may become invalid.

6.5.3.   Engine system NOx control

6.5.3.1.   Incorrect operation of the engine system with respect to NOx emissions control (for example due to lack of any required reagent, incorrect EGR flow or deactivation of EGR) shall be determined through monitoring of the NOx level by sensors positioned in the exhaust stream.

6.5.3.2.   Any deviation in NOx level more than 1,5 g/kWh above the applicable limit value given in table 1 of section 6.2.1 of Annex I, shall result in the driver being informed by activation of the MI as referred to in section 3.6.5 of Annex IV to Directive 2005/78/EC.

6.5.3.3.   In addition, a non-erasable fault code identifying the reason why NOx exceeds the levels specified in section 6.5.3.2 shall be stored in accordance with section 3.9.2 of Annex IV to Directive 2005/78/EC for at least 400 days or 9 600 hours of engine operation.

The reasons for the NOx exceedance shall, at a minimum, and where applicable, be identified in the cases of empty reagent tank, interruption of reagent dosing activity, insufficient reagent quality, too low reagent consumption, incorrect EGR flow or deactivation of the EGR. In all other cases, the manufacturer is permitted to refer to a non-erasable fault code “high NOx — root cause unknown”.

6.5.3.4.   If the NOx level exceeds the OBD threshold limit values given in the table in Article 4(3), a torque limiter shall reduce the performance of the engine according to the requirements of section 6.5.5 in a manner that is clearly perceived by the driver of the vehicle. When the torque limiter is activated the driver shall continue to be alerted according to the requirements of section 6.5.3.2 and a non-erasable fault code shall be stored in accordance with section 6.5.3.3.

6.5.3.5.   In the case of engine systems that rely on the use of EGR and no other aftertreatment system for NOx emissions control, the manufacturer may utilise an alternative method to the requirements of section 6.5.3.1 for the determination of the NOx level. At the time of type approval the manufacturer shall demonstrate that the alternative method is equally timely and accurate in determining the NOx level compared to the requirements of section 6.5.3.1 and that it triggers the same consequences as those referred to in sections 6.5.3.2, 6.5.3.3 and 6.5.3.4.

6.5.4.   Reagent control

6.5.4.1.   For vehicles that require the use of a reagent to fulfil the requirements of this section, the driver shall be informed of the level of reagent in the on-vehicle reagent storage tank through a specific mechanical or electronic indication on the vehicle’s dashboard. This shall include a warning when the level of reagent goes:

The reagent indicator shall be placed in close proximity to the fuel level indicator.

6.5.4.2.   The driver shall be informed, according to the requirements of section 3.6.5 of Annex IV to Directive 2005/78/EC, if the reagent tank becomes empty.

6.5.4.3.   As soon as the reagent tank becomes empty, the requirements of section 6.5.5 shall apply in addition to the requirements of section 6.5.4.2.

6.5.4.4.   A manufacturer may choose to comply with the sections 6.5.4.5 to 6.5.4.12 as an alternative to complying with the requirements of section 6.5.3.

6.5.4.5.   Engine systems shall include a means of determining that a fluid corresponding to the reagent characteristics declared by the manufacturer and recorded in Annex II to this Directive is present on the vehicle.

6.5.4.6.   If the fluid in the reagent tank does not correspond to the minimum requirements declared by the manufacturer as recorded in Annex II to this Directive the additional requirements of section 6.5.4.12 shall apply.

6.5.4.7.   Engine systems shall include a means for determining reagent consumption and providing off-board access to consumption information.

6.5.4.8.   Average reagent consumption and average demanded reagent consumption by the engine system either over the previous complete 48 hour period of engine operation or the period needed for a demanded reagent consumption of at least 15 litres, whichever is longer, shall be available via the serial port of the standard diagnostic connector as referred to in section 6.8.3 of Annex IV to Directive 2005/78/EC.

6.5.4.9.   In order to monitor reagent consumption, at least the following parameters within the engine shall be monitored:

6.5.4.10.   Any deviation more than 50 % in average reagent consumption and average demanded reagent consumption by the engine system over the period defined in section 6.5.4.8 shall result in application of the measures laid down in section 6.5.4.12.

6.5.4.11.   In the case of interruption in reagent dosing activity the measures laid down in section 6.5.4.12 shall apply. This is not required where such interruption is demanded by the engine ECU because engine operating conditions are such that the engine’s emission performance does not require reagent dosing, provided that the manufacturer has clearly informed the approval authority when such operating conditions apply.

6.5.4.12.   Any failure detected with respect to sections 6.5.4.6, 6.5.4.10 or 6.5.4.11 shall trigger the same consequences in the same order as those referred to in sections 6.5.3.2, 6.5.3.3 or 6.5.3.4.

6.5.5.   Measures to discourage tampering of exhaust aftertreatment systems

6.5.5.1.   Any engine system covered by this section shall include a torque limiter that will alert the driver that the engine system is operating incorrectly or the vehicle is being operated in an incorrect manner and thereby encourage the prompt rectification of any fault(s).

6.5.5.2.   The torque limiter shall be activated when the vehicle becomes stationary for the first time after the conditions of either sections 6.5.3.4, 6.5.4.3, 6.5.4.6, 6.5.4.10 or 6.5.4.11 have occurred.

6.5.5.3.   Where the torque limiter comes into effect, the engine torque shall not, in any case, exceed a constant value of:

6.5.5.4.   Requirements for documentation and the torque limiter are set out in sections 6.5.5.5 to 6.5.5.8.

6.5.5.5.   Detailed written information fully describing the functional operation characteristics of the emission control monitoring system and the torque limiter shall be specified according to the documentation requirements of section 6.1.7.1.(b). Specifically, the manufacturer shall provide information on the algorithms used by the ECU for relating the NOx concentration to the specific NOx emission (in g/kWh) on the ETC in accordance with section 6.5.6.5.

6.5.5.6.   The torque limiter shall be deactivated when the engine speed is at idle if the conditions for its activation have ceased to exist. The torque limiter shall not be automatically deactivated without the reason for its activation being remedied.

6.5.5.7.   Deactivation of the torque limiter shall not be feasible by means of a switch or a maintenance tool.

6.5.5.8.   The torque limiter shall not apply to engines or vehicles for use by the armed services, by rescue services and by fire-services and ambulances. Permanent deactivation shall only be done by the engine or vehicle manufacturer, and a special engine type within the engine family shall be designated for proper identification.

6.5.6.   Operating conditions of the emission control monitoring system

6.5.6.1.   The emission control monitoring system shall be operational,

This section does not apply in the case of monitoring for reagent level in the storage tank where monitoring shall be conducted under all conditions of use.

6.5.6.2.   The emission control monitoring system may be deactivated when a limp-home strategy is active and which results in a torque reduction greater than the levels indicated in section 6.5.5.3 for the appropriate vehicle category.

6.5.6.3.   If an emission default mode is active, the emission control monitoring system shall remain operational and comply with the provisions of section 6.5.

6.5.6.4.   The incorrect operation of NOx control measures shall be detected within four OBD test cycles as referred to in the definition given in section 6.1 of Appendix 1 of Annex IV to Directive 2005/78/EC.

6.5.6.5.   Algorithms used by the ECU for relating the actual NOx concentration to the specific NOx emission (in g/kWh) on the ETC shall not be considered to be a defeat strategy.

6.5.6.6.   If an AECS that has been approved by the type-approval authority in accordance with section 6.1.5. becomes operational, any increase in NOx due to the operation of the AECS may be applied to the appropriate NOx level referred to in section 6.5.3.2. In all such cases, the influence of the AECS on the NOx threshold shall be described in accordance with section 6.5.5.5.

6.5.7.   Failure of the emission control monitoring system

6.5.7.1.   The emission control monitoring system shall be monitored for electrical failures and for removal or deactivation of any sensor that prevents it from diagnosing an emission increase as required by sections 6.5.3.2 and 6.5.3.4.

Examples of sensors that affect the diagnostic capability are those directly measuring NOx concentration, urea quality sensors, and sensors used for monitoring reagent dosing activity, reagent level, reagent consumption or EGR rate.

6.5.7.2.   If a failure of the emission control monitoring system is confirmed, the driver shall be immediately alerted by the activation of the warning signal according to section 3.6.5 of Annex IV to Directive 2005/78/EC.

6.5.7.3.   The torque limiter shall be activated in accordance with section 6.5.5 if the failure is not remedied within 50 hours of engine operation.

The period laid down in the first subparagraph shall be reduced to 36 hours from the dates specified in Article 2(7) and 2(8).

6.5.7.4.   When the emission control monitoring system has determined the failure has ceased to exist, the fault code(s) associated with that failure may be cleared from the system memory, except in the cases referred to in section 6.5.7.5, and the torque limiter, if applicable, shall be deactivated according to section 6.5.5.6.

Fault code(s) associated with a failure of the emission control monitoring system shall not be capable of being cleared from the system memory by any scan tool.

6.5.7.5.   In the case of the removal or deactivation of elements of the emission control monitoring system, in accordance with section 6.5.7.1, a non-erasable fault code shall be 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.

6.5.8.   Demonstration of the emission control monitoring system

6.5.8.1.   As part of the application for type-approval provided for in section 3, the manufacturer shall demonstrate the conformity of the provisions of this section by tests on an engine dynamometer in accordance with sections 6.5.8.2 to 6.5.8.7.

6.5.8.2.   The compliance of an engine family or an OBD engine family to the requirements of this section may be demonstrated by testing the emission control monitoring system of one of the members of the family (the parent engine), provided the manufacturer demonstrates to the type approval authority that the emission control monitoring systems are similar within the family.

This demonstration may be performed by presenting to the type-approval authorities such elements as algorithms, functional analyses, etc.

The parent engine is selected by the manufacturer in agreement with the type approval authority.

6.5.8.3.   The testing of the emission control monitoring system consists of the following three phases:

6.5.8.3.1.   For the selection phase, the manufacturer shall provide the type approval authority with a description of the monitoring strategies used to determine potential incorrect operation of any NOx control measure and potential failures in the emission control monitoring system that would lead either to activation of the torque limiter or to activation of the warning signal only.

Typical examples of incorrect operations for this list are an empty reagent tank, an incorrect operation leading to an interruption of reagent dosing activity, an insufficient reagent quality, an incorrect operation leading to low reagent consumption, an incorrect EGR flow or a deactivation of the EGR.

A minimum of two and a maximum of three incorrect operations of the NOx control system or failures of the emission control monitoring system shall be selected by the type approval authority from this list.

6.5.8.3.2.   For the qualification phase, the NOx emissions shall be measured over the ETC test cycle, according to the provisions of Appendix 2 to Annex III. The result of the ETC test shall be used to determine in which way the NOx control monitoring system is expected to react during the demonstration process (torque reduction and/or warning signal). The failure shall be simulated in a way that the NOx level does not exceed by more than 1 g/kWh any of the threshold levels given in sections 6.5.3.2 or 6.5.3.4.

Emissions qualification is not required in case of an empty reagent tank or for demonstrating a failure of the emission control monitoring system.

The torque limiter shall be deactivated during the qualification phase.

6.5.8.3.3.   For the demonstration phase, the engine shall be run over a maximum of four OBD test cycles.

No failure other than the ones which are being considered for demonstration purposes shall be present.

6.5.8.3.4.   Prior to starting the test sequence of section 6.5.8.3.3, the emission control monitoring system shall be set to a “no failure” status.

6.5.8.3.5.   Depending on the NOx level selected, the system shall activate a warning signal and in addition, if applicable, the torque limiter at any time before the end of the detection sequence. The detection sequence may be stopped once the NOx control monitoring system has properly reacted.

6.5.8.4.   In the case of an emission control monitoring system principally based on monitoring the NOx level by sensors positioned in the exhaust stream, the manufacturer may choose to directly monitor certain system functionalities (e.g. interruption of dosing activity, closed EGR valve) for the determination of compliance. In that case, the selected system functionality shall be demonstrated.

6.5.8.5.   The level of torque reduction required in section 6.5.5.3 by the torque limiter shall be approved together with the general engine performance approval in accordance with Directive 80/1269/EC. For the demonstration process, the manufacturer shall demonstrate to the type-approval authority the inclusion of the correct torque limiter into the engine ECU. Separate torque measurement during the demonstration is not required.

6.5.8.6.   As an alternative to sections 6.5.8.3.3 to 6.5.8.3.5, the demonstration of the emission control monitoring system and the torque limiter may be performed by testing a vehicle. The vehicle shall be driven on the road or on a test track with the selected incorrect operations or failures of the emission control monitoring system to demonstrate that the warning signal and activation of the torque limiter will operate in accordance with the requirements of section 6.5, and, in particular, those in sections 6.5.5.2. and 6.5.5.3.

6.5.8.7.   If the storage in the computer memory of a non-erasable fault code is required for complying with the requirements of section 6.5, the following three conditions shall be met by the end of demonstration sequence:

1.

2.