Access to vehicle OBD and vehicle repair and maintenance information
Article 13
1. Manufacturers shall put in place the necessary arrangements and procedures, in accordance with Articles 6 and 7 of Regulation (EC) No 715/2007 and Annex XIV of this regulation, to ensure that vehicle OBD and vehicle repair and maintenance information is readily accessible. 2. Approval authorities shall only grant type-approval after receiving from the manufacturer a Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information. 3. The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall serve as the proof of compliance with Article 6(7) of Regulation (EC) No 715/2007. 4. The Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information shall be drawn up in accordance with the model set out in Appendix 1 of Annex XIV. 5. If the vehicle OBD and vehicle repair and maintenance information is not available, or does not conform to Article 6 and 7 of Regulation (EC) No 715/2007 and Annex XIV of this Regulation, when the application for type-approval is made, the manufacturer shall provide that information within six months of the date of type approval. 6. The obligations to provide information within the period specified in paragraph 5 shall apply only if, following type-approval, the vehicle is placed on the market. When 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. The approval authority may presume that the manufacturer has put in place satisfactory arrangements and procedures with regard to access to vehicle OBD and vehicle repair and maintenance information, on the basis of a completed Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information, providing that no complaint was made, and that the manufacturer provides this information within the period set out in paragraph 5. 8. In addition to the requirements for the access to OBD information that are specified in Section 4 of Annex XI, the manufacturer shall make available to interested parties the following information: (a) relevant information to enable the development of replacement components which are critical to the correct functioning of the OBD system; (b) information to enable the development of generic diagnostic tools. For the purposes of point (a), the development of replacement components shall not be restricted by: the unavailability of pertinent information, 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; specific modifications to the handling of OBD information to deal independently with vehicle operation on petrol or on gas; and the type-approval of gas-fuelled vehicles that contain a limited number of minor deficiencies. For the purposes of point (b), where manufacturers use diagnostic and test tools in accordance with ISO 22900 Modular Vehicle Communication Interface (MVCI) and ISO 22901 Open Diagnostic Data Exchange (ODX) in their franchised networks, the ODX files shall be accessible to independent operators via the web site of the manufacturer. 9. The Forum on Access to Vehicle Information (the Forum). The Forum shall consider whether access to information affects the advances made in reducing vehicle theft and shall make recommendations for improving the requirements relating to access to information. In particular, the Forum shall advise the Commission on the introduction of a process for approving and authorising independent operators by accredited organisations to access information on vehicle security. The Commission may decide to keep the discussions and findings of the Forum confidential.