ANNEX VSupplementary provisions
ANNEX V Requirements with regard to access to repair and maintenance information LIST OF APPENDICES Appendix Number Appendix title Page 1 Access to vehicle OBD and vehicle repair and maintenance information 26 2 Information to enable the development of generic diagnostic tools 28 1. Definition For the purposes of this Annex the following definition shall apply: ‘access to Vehicle OBD and Vehicle Repair and Maintenance Information’ means the availability of all OBD and repair and maintenance information required for the inspection, diagnosis, servicing or repair of the vehicle. 2. Compliance with access to vehicle OBD and vehicle repair and maintenance information requirements in the type-approval procedure 2.1. The manufacturer shall ensure compliance with the technical requirements in this Annex regarding access to vehicle OBD and vehicle repair and maintenance information. 2.2. Approval authorities shall grant type-approval only after receiving from the manufacturer a Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information. 2.3. The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall serve as the proof of compliance with Chapter XV of Regulation (EU) No 167/2013. 2.4. The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall be drawn up in accordance with the model referred to in Article 53(8)(3) to Regulation (EU) No 167/2013. 3. Fees for access In addition to time-based access under Article 55 of Regulation (EU) No 167/2013, manufacturers may offer transaction-based access for which fees are charged per transaction and not based on the time for which access is granted. Where manufacturers offer both time-based and transaction-based access systems, independent repairers shall choose a preferred access system, either time-based or transaction based. 4. Service parts, diagnostic tools and test equipment 4.1. In the context of Article 53 (6) of Regulation (EU) No 167/2013, the manufacturer shall make the following information available to interested parties on the basis of individual arrangements to which the principle of Article 55 of Regulation (EU) No 167/2013 apply and to provide contact details on its website: 4.1.1. relevant information to enable the development of replacement components which are critical to the correct functioning of the OBD system; 4.1.2. information to enable the development of generic diagnostic tools as listed in Appendix 2. 4.2. For the purposes of point 4.1.1, the development of replacement components shall not be restricted by any of the following: 4.2.1. the unavailability of pertinent information; 4.2.2. the technical requirements relating to malfunction indication strategies if the OBD thresholds are exceeded or if the OBD system is unable to fulfil the basic OBD monitoring requirements of this Regulation; 4.2.3. specific modifications to the handling of OBD information to deal independently with vehicle operation on liquid or gaseous fuels; 4.2.4. the type-approval of gaseous-fuelled vehicles that contain a limited number of minor deficiencies. 4.3. For the purposes of point 4.1.2, where manufacturers use diagnostic and test tools in accordance with ISO 22900-2:2009 regarding Modular Vehicle Communication Interface (MVCI) and ISO 22901-2:2011 on Open Diagnostic Data Exchange (ODX) in their franchised networks, the ODX files shall be accessible to independent operators via the manufacturer’s website. 5. Multi-stage type-approval 5.1. In the case of multi-stage type-approval, as defined in Article 20 of Regulation (EU) No 167/2013, the final manufacturer shall be responsible for providing access to vehicle OBD and vehicle repair and maintenance information regarding its own manufacturing stage(s) and the link to the previous stage(s). 5.2. In addition, the final manufacturer shall on its website provide independent operators with the following information: 5.2.1. website address of the manufacturer(s) responsible for the previous stage(s); 5.2.2. name and address of all the manufacturers responsible for the previous stage(s); 5.2.3. type-approval number(s) of the previous stage(s); 5.2.4. the engine number. 5.3. Manufacturers responsible for a particular stage or stages of type-approval shall be responsible for providing through their website access to vehicle OBD and vehicle repair and maintenance information regarding the stage(s) of type-approval for which they are responsible and the link to the previous stage(s). 5.4. The manufacturer responsible for a particular stage or stages of type-approval shall provide the following information to the manufacturer responsible for the next stage: 5.4.1. the Certificate of Conformity relating to the stage(s) for which it is responsible; 5.4.2. the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information, including its appendices; 5.4.3. the type-approval number corresponding to the stage(s) for which it is responsible; 5.4.4. the documents referred to in points 5.4.1, 5.4.2 and 5.4.3 as provided by the manufacturer(s) involved in the previous stage(s). 5.5. Each manufacturer shall authorise the manufacturer responsible for the next stage to pass the documents to the manufacturers responsible for subsequent and final stages. 5.6. In addition, on a contractual basis, the manufacturer responsible for a particular stage or stages of type-approval shall: 5.6.1. provide the manufacturer responsible for the next stage with access to OBD and repair and maintenance information and interface information corresponding to the particular stage(s) for which it is responsible; 5.6.2. provide, at the request of a manufacturer responsible for a subsequent stage of type-approval, with access to vehicle OBD and vehicle repair and maintenance information and interface information corresponding to the particular stage(s) for which he is responsible. 5.7. A manufacturer, including a final manufacturer, may charge fees in accordance with Article 55 of Regulation (EU) No 167/2013 only in respect of the particular stage(s) for which he is responsible. 5.8. A manufacturer, including a final manufacturer, shall not charge fees for providing information relating to the website address or contact details of any other manufacturer. 6. Small volume manufacturers 6.1. Manufacturers shall provide access to repair and maintenance information in a readily accessible and prompt manner, and in a manner which is non-discriminatory as compared with the provisions given or access granted to authorised dealers and repairers in accordance with Article 53(13) of Regulation (EU) No 167/2013, if their annual worldwide production of a type of vehicle covered by that regulation is less than: (a) for T-category: 200 vehicles; (b) for C-category: 80 vehicles; (c) for R-category: 400 vehicles; (d) for S-category: 200 vehicles. For a type of system, component or separate technical unit covered by that Regulation, the relevant figure in the meaning of this provision is 250 units. 6.2. Vehicles, systems, components and separate technical units covered by paragraph 1 shall be listed on the manufacturer’s repair and maintenance information website. 6.3. The approval authority shall inform the Commission of all type-approvals granted to small-volume manufacturers. 7. Compliance with the obligations regarding access to vehicle OBD and vehicle repair and maintenance information 7.1. An approval authority may, at any time, on their own initiative, or on the basis of a complaint or of an assessment by a technical service, check a manufacturer’s compliance with its obligations under Regulation (EU) No 167/2013, this Regulation and the terms of the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information. 7.2. Where an approval authority finds that a manufacturer has failed to comply with its obligations regarding access to vehicle OBD and vehicle repair and maintenance information, the approval authority which granted the relevant type-approval shall take appropriate measures to remedy the situation. 7.3. Such measures may include withdrawal or suspension of type-approval, fines or other measures adopted in accordance with Regulation (EU) No 167/2013. 7.4. If an independent operator or a trade association representing independent operators files a complaint to the approval authority, the authority shall carry out an audit to verify the manufacturer’s compliance with obligations concerning access to vehicle OBD and vehicle repair and maintenance information. 7.5. When carrying out the audit, the approval authority may ask a technical service or any other independent expert to carry out an assessment to verify whether these obligations are met. 7.6. If the vehicle OBD and vehicle repair and maintenance information is not available when the application for type-approval is made, the manufacturer shall provide that information within six months of the date of type-approval. 7.7. Where the vehicle is placed on the market more than six months after type-approval, the information shall be provided on the date on which the vehicle is placed on the market. 7.8. The approval authority may presume on the basis of a completed Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information that the manufacturer has put in place satisfactory arrangements and procedures with regard to access to vehicle OBD and vehicle repair and maintenance information, provided that no complaint was made and that the manufacturer provides the certificate within the periods referred to in paragraph 7.7. 7.9. If the certificate of compliance is not provided within that period, the approval authority shall take appropriate measures to ensure compliance. 8. Information requirements for granting access to independent operators to non-secure areas 8.1. For access to any OBD and repair and maintenance information other than that relating to secure areas of the vehicle, registration requirements for use of the manufacturer’s website by an independent operator shall require only such information as is necessary to confirm how payment for the information is to be made. 9. Information requirements for granting access to independent operators to secure areas 9.1. For access to any OBD and repair and maintenance information concerning access to secure areas of the vehicle, the independent operator shall be approved and authorised for this purpose on the basis of documents demonstrating that it pursues a legitimate business activity and has not been convicted of relevant criminal activity. 9.2. Independent operators shall be given access to vehicle security features used by authorised dealers and repair shops under protection of security technology concerning the exchange of data to ensure confidentiality, integrity and protection against replay. 9.3. The Forum on Access to Vehicle Information provided for by Article 56 of Regulation (EU) No 167/2013 will specify state-of-the-art parameters for fulfilling these requirements. 9.4. For information concerning access to secure areas of the vehicle, the independent operator shall present a certificate in accordance with ISO 20828:2006 to identify itself and the organisation to which it belongs. The manufacturer shall respond with its own certificate in accordance with ISO 20828:2006 to confirm to the independent operator that it is accessing a legitimate site of the manufacturer in question. Both parties shall keep a log of any such transactions indicating the vehicles and changes made to them under this provision.