In service conformity
Article 9
1. Measures to ensure in-service conformity of vehicles type-approved under this Regulation shall be taken in accordance with Annex X to Directive 2007/46/EC and Annex II to this Regulation. 2. The in-service conformity measures shall be appropriate for confirming the functionality of the pollution control devices during the normal life of the vehicles under normal conditions of use as specified in Annex II to this Regulation. 3. The in-service conformity measures shall be checked for a period of up to 5 years of age or 100 000 km, whichever is the sooner. 4. The manufacturer shall not be obliged to carry out an audit of in-service conformity if the number of vehicles sold precludes obtaining sufficient samples to test. Therefore, an audit shall not be required if the annual sales of that vehicle type are less than 5 000 across the Union. However, the manufacturer of such small series vehicles shall provide the approval authority with a report of any emissions related warranty and repair claims and OBD faults as set out in paragraph 9.2.3 of UN/ECE Regulation No 83. In addition, the type-approval authority may require such vehicle types to be tested in accordance with Appendix 3 to UN/ECE Regulation No 83. 5. With regard to vehicles type-approved under this Regulation, where the approval authority is not satisfied with the results of the tests in accordance with the criteria defined in Appendix 4 to UN/ECE Regulation No 83, the remedial measures referred to in Article 30(1) and in Annex X to Directive 2007/46/EC shall be extended to vehicles in service belonging to the same vehicle type which are likely to be affected with the same defects in accordance with section 6 of Appendix 3 to UN/ECE Regulation No 83. The plan of remedial measures presented by the manufacturer according to section 6.1 of Appendix 3 to UN/ECE Regulation No 83 shall be approved by the approval authority. The manufacturer shall be responsible for the execution of the approved remedial plan. The approval authority shall notify its decision to all Member States within 30 days. Member States may require that the same plan of remedial measures be applied to all vehicles of the same type registered in their territory. 6. If an approval authority has established that a vehicle type does not conform to the applicable requirements of Appendix 3 to UN/ECE Regulation No 83, it shall notify without delay the Member State which granted the original type-approval in accordance with the requirements of Article 30(3) of Directive 2007/46/EC. Following that notification and subject to the provision of Article 30(6) of Directive 2007/46/EC, the approval authority which granted the original type-approval shall inform the manufacturer that a vehicle type fails to satisfy the requirements of these provisions and that certain measures are expected of the manufacturer. The manufacturer shall submit to that authority, within two months after this notification, a plan of measures to overcome the defects, the substance of which should correspond to the requirements of sections 6.1 to 6.8 of Appendix 3 to UN/ECE Regulation No 83. The approval authority which granted the original type-approval shall, within two months, consult the manufacturer in order to secure agreement on a plan of measures and on the carrying out the plan. If the approval authority which granted the original type-approval establishes that no agreement can be reached, the procedure pursuant to Article 30(3) and (4) of Directive 2007/46/EC shall be initiated.