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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricyclesnote, and in particular Article 23(12) thereof,Whereas:
(1)In order to take into consideration the latest updates to regulations Nos 9note, 41note, 63note and 92note of the United Nations Economic Commission for Europe (UNECE) on sound emissions for L-category vehicles, which include a broadened scope of application of the additional sound emission provisions to reflect more closely real-world motorcycle urban and extra-urban operations, it is necessary to amend Annex I to Commission Delegated Regulation (EU) No 134/2014note to include a reference to the latest series of amendments of those UNECE regulations.
(2)In order to reduce administrative burden for national authorities and manufacturers, the date of application of the latest series of amendments of UNECE regulations Nos 9, 41, 63 and 92 should be aligned with the application of the Euro 5+ requirements introduced in Commission Implementing Regulation (EU) 2020/239note.
(3)Russia’s war of aggression against Ukraine has disrupted the supply of helium gas, which is essential to obtain purified hydrogen necessary for performing exhaust emission testing. Given the current situation and the fact that nitrogen is already used as an alternative inert gas to helium for both light passenger and commercial vehicles and heavy-duty vehicles, it is necessary to include nitrogen in Delegated Regulation (EU) No 134/2014 as an optional gas in the mixture to obtain purified hydrogen.
(4)Regulation (EU) No 168/2013 made an incorrect reference to the UNECE regulation on sound requirements applicable to vehicle categories L4e and L6e-A. This error was subsequently corrected, but the corresponding change was not introduced in Delegated Regulation (EU) No 134/2014. Table 8-1 in Annex IX to that Regulation should therefore be corrected to reflect the changes already introduced in Regulation (EU) No 168/2013.
(5)There is an error in one of power factors used in the equation in Appendix 2.2, point 3.3, of Annex X to Delegated Regulation (EU) No 134/2014. This equation should be the same as the one referred to in Appendix 2.1, point 3.3, of Annex X to that Regulation. For the sake of legal certainty, this error should be corrected.
(6)Delegated Regulation (EU) No 134/2014 should therefore be amended and corrected accordingly,
HAS ADOPTED THIS REGULATION:
Article 1Amendments to Delegated Regulation (EU) No 134/2014#
Annexes I, II and V to Delegated Regulation (EU) No 134/2014 are amended in accordance with Annex I to this Regulation.
Article 2Corrections to Delegated Regulation (EU) No 134/2014#
Annexes VI, IX and X to Delegated Regulation (EU) No 134/2014 are corrected in accordance with Annex II to this Regulation.
Article 3Transitional provisions#
1.This Regulation shall not invalidate any EU type-approval granted to vehicles or to systems, components or separate technical units by DD month YYYY, unless the relevant requirements applying to such vehicles, systems, components or separate technical units have been modified, or new requirements have been added by this Regulation.
2.Approval authorities shall continue to grant extensions of EU type-approvals referred to in paragraph 1.
Article 4Entry into force and application#
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Annex I · List of UNECE regulations referred to in Article 4(1)
| UNECE regulation No | Subject | Series of amendments | OJ reference | Applicability | Obligatory for new types | Obligatory for existing types |
|---|---|---|---|---|---|---|
| 9 | Noise emissions from motorcycles with sidecars and tricycles | 07 | OJ L 290, 16.11.2018, p. 1. | L2e, L4e, L5e, L6e, L7e | 1.1.2024 | 1.1.2025 |
| 41 | Noise emissions from motorcycles | 04 | OJ L 317, 14.11.2012, p. 1. | L3e | 1.1.2016 | 1.1.2017 |
| 41 | Noise emissions from motorcycles | 05 | OJ L 43, 13.2.2023, p. 14. | L3e | 1.1.2024 | 1.1.2025 |
| 63 | Noise emissions from mopeds | 02 | OJ L 290, 16.11.2018, p. 28. | L1e | 1.1.2024 | 1.1.2025 |
| 92 | Noise emissions from non-original replacement exhaust silencing systems for motorcycles, mopeds and three-wheel vehicles | 02 | OJ L 221, 8.9.2023, p. 55. | 1.1.2024 | 1.1.2025 |
Annex II
(1)in Annex VI, Appendix 1, point 2.7.6 is replaced by the following:
2.7.6.Gear changes should be carried out according to the guidance laid down in point 4.5.5. of Annex II. Alternatively, guidance provided by the manufacturer to the consumer may be used if approved by the approval authority.’;
(2)in Annex IX, Table 8-1 is replaced by the following:Table 8-1L-category vehicle sub-categories and the applicable UNECE regulations regarding sound requirementsVehicle (sub-)category | Vehicle category name | Applicable test procedureL1e-A | Powered cycle | UNECE regulation No 63L1e-B | Two-wheel mopedvmax ≤ 25 km/hTwo-wheel mopedvmax ≤ 45 km/hL2e | Three-wheel moped | UNECE regulation No 9L3e | Two-wheel motorcycleEngine capacity ≤ 80 cm3 | UNECE regulation No 41Two-wheel motorcycle80 cm3 <Engine capacity ≤175 cm3Two-wheel motorcycleEngine capacity> 175 cm3L4e | Two-wheel motorcycle with side-car | UNECE regulation No 9L5e-A | TricycleL5e-B | Commercial tricycleL6e-A | Light on-road quadL6e-B | Light quadri-mobileL7e-A | Heavy on-road quadL7e-B | Heavy all terrain quadL7e-C | Heavy quadri-mobile
(3)in Annex X, Appendix 2.2, point 3.3, the equation Ap2.2-2 is replaced by the following:‘Equation Ap2.2-2: ’.
Annexes VI, IX and X to Delegated Regulation (EU) No 134/2014 are corrected as follows:
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