Article 10 · Commission Implementing Regulation (EU) 2025/1706

Contents

Article 10In-service conformity of exhaust emissions and evaporative emissions#

1.Measures to ensure in-service conformity of vehicles type-approved under Regulation (EU) 2024/1257 shall be taken in accordance with the conformity of production arrangements as laid down in Article 31 of Regulation (EU) 2018/858, Annex IV to Regulation (EU) 2018/858 and Annex II to this Regulation.

2.The in-service conformity checks shall verify that exhaust emissions other than CO₂ and optionally evaporative emissions are effectively limited during the main and additional lifetime 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 4 to UN Regulation No 83, between 15000 km or 6 months whichever occurs later and 200000 km or 10 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 4 to UN Regulation No 8, between 30000 km or 12 months whichever occurs later and 200000 km or 10 years whichever occurs sooner.The requirements for in-service conformity checks are applicable until 10 years after the last Certificate of Conformity or individual approval certificate is issued for vehicles of an in-service conformity family that is subject to testing according to paragraph 9.2.3 of UN Regulation No 83, as defined in paragraph 3 of Annex 4 to UN Regulation No 83.

4.In-service conformity checks shall not be mandatory if the annual sales of the in-service conformity family are less than 5000 vehicles in the Union for the previous calendar year. For such in-service conformity families, the manufacturer shall provide the approval authority with a report of any emissions related warranty and relevant repair as set out in paragraph 4 of Annex 4 to UN Regulation No 83. Such in-service conformity families may still be selected to be tested in accordance with Annex II to this Regulation.

5.The manufacturer and the granting type-approval authority shall perform in-service conformity checks in accordance with Annex II. Other type-approval authorities, technical services, the Commission and recognised third parties may perform parts of the in-service conformity checks in accordance with Annex II to this Regulation. Such checks shall be performed in accordance with Regulation (EU) 2022/163^note and Annex II to this Regulation.

6.The granting type-approval authority shall take the decision on whether a family failed the provisions of in-service conformity, following a compliance assessment in accordance with paragraph 6 of Annex 4 to UN Regulation No 83 and approve the plan of remedial measures presented by the manufacturer in accordance with paragraph 7 of Annex 4 to UN Regulation No 83.

7.If a type-approval authority, technical service, the Commission or a recognised third party has established that an in-service conformity family fails the in-service conformity check, it shall notify without delay the granting type-approval authority, in accordance with Article 54(2) of Regulation (EU) 2018/858.Following that notification and subject to the application of Article 54(5) of Regulation (EU) 2018/858, the granting type-approval authority shall inform the manufacturer that an in-service conformity family failed the in-service conformity checks. The procedures laid out in paragraphs 6 and 7 of Annex 4 to UN Regulation No 83, as amended by Annex II to this Regulation, shall be followed by the manufacturer and the granting type-approval authority and the manufacturer shall establish a plan of remedial measures and submit it to the granting type approval authority.If the granting type-approval authority establishes that no agreement can be reached with a type-approval authority that has established that an in-service conformity family fails the in-service conformity check, the procedure pursuant to Article 54(5) of Regulation (EU) 2018/858 shall be initiated.

8.In addition to paragraphs 1 to 7, the following shall apply to type-approved vehicles in accordance with 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 provisions for multistage approval set out in point 3.11 of Annex II to this Regulation;

(b)hearses as specified in Appendix 1 of Part III of Annex II to Regulation (EU) 2018/858, armoured vehicles as specified in Appendix 2 of Part III of Annex II to Regulation (EU) 2018/858 and wheelchair accessible vehicles as specified in Appendix 3 of Part III of Annex II to Regulation (EU) 2018/858 shall not be subject to the provisions of this Article. All other special purpose vehicles as specified in Appendix 4 of Part III of Annex II to Regulation (EU) 2018/858, shall be checked for in-service conformity in accordance with the rules for multistage type-approvals set out in Annex II to this Regulation.