Commission Delegated Regulation (EU) 2023/2724 of 27 September 2023 amending and correcting Delegated Regulation (EU) No 134/2014 as regards certain references to Regulations of the United Nations Economic Commission for Europe (UNECE) and the availability of certain pure gases

Official Journal EN of the European Union L series 2023/2724 6.12.2023 COMMISSION DELEGATED REGULATION (EU) 2023/2724 of 27 September 2023 amending and correcting Delegated Regulation (EU) No 134/2014 as regards certain references to Regulations of the United Nations Economic Commission for Europe (UNECE) and the availability of certain pure gases (Text with EEA relevance) 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 2013on the approval and market surveillance of two- or three-wheel vehicles and quadricycles(1), and in particular Article 23(12) thereof,

Whereas:

(1) In order to take into consideration the latest updates to regulations Nos 9(2), 41(3), 63(4)and 92(5)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 134/2014(6) 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) 2020/239(7).

(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.

(1) OJ L 60, 2.3.2013, p. 52.

(2) Regulation No 9 of the Economic Commission for Europe of the United Nations (UNECE) – Uniform provisions concerning the approval of category L , L and L vehicles with regard to sound emission [2018/1704] (OJ L 290, 16.11.2018, p. 1).

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(3) Regulation No 41 of the Economic Commission for Europe of the United Nations (UNECE) – [Uniform provisions concerning the approval of motor cycles with regard to noise [2023/320] (OJ L 43, 13.2.2023, p. 14).

(4) Regulation No 63 of the Economic Commission for Europe of the United Nations (UNECE) – Uniform provisions concerning the approval of L category vehicles with regard to sound emission [2018/1705] (OJ L 290, 16.11.2018, p. 28).

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(5) Regulation No 92 of the Economic Commission for Europe of the United Nations (UNECE) – Uniform provisions concerning the approval of non-original replacement exhaust silencing systems (NORESS) for vehicles of categories L , L, L , L and L with regard to 1 2 3 4 5 sound emission [2018/1707] (OJ L 290, 16.11.2018, p. 162).

(6) Commission Delegated Regulation (EU) No 134/2014 of 16 December 2013 supplementing Regulation (EU) No 168/2013 of the European Parliament and of the Council with regard to environmental and propulsion unit performance requirements and amending Annex V thereof (OJ L 53, 21.2.2014, p. 1).

(7) Commission Implementing Regulation (EU) 2020/239 of 20 February 2020 amending Implementing Regulation (EU) No 901/2014 with regard to the adaptation of the templates for type-approval procedures for two- or three-wheel vehicles and quadricycles to the environmental steps Euro 5 and Euro 5+ requirements (OJ L 48, 21.2.2020, p. 6).

ELI: http://data.europa.eu/eli/reg_del/2023/2724/oj 1/5EN OJ L, 6.12.2023

(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 1 Amendments 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 2 Corrections 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 3 Transitional 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 4 Entry 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.

This Regulation shall be binding in its entirety and directly applicable in the Member States.

Done at Brussels, 27 September 2023.

For the Commission The President Ursula VON DER LEYEN 2/5 ELI: http://data.europa.eu/eli/reg_del/2023/2724/ojEN OJ L, 6.12.2023 ANNEX I Annexes I, II, and V to Delegated Regulation (EU) No 134/2014 are amended as follows:

(1) Annex I is replaced by the following: ‘ANNEX I List of UNECE regulations referred to in Article 4(1) UNECE Series of Obligatory Obligatory for Subject OJ reference Applicability regulation No amendments for new types existing types 9 Noise emissions 07 OJ L 290, L2e, L4e, L5e, 1.1.2024 1.1.2025 from motorcycles 16.11.2018, p. 1. L6e, L7e with sidecars and tricycles 41 Noise emissions 04 OJ L 317, L3e 1.1.2016 1.1.2017 from motorcycles 14.11.2012, p. 1.

41 Noise emissions 05 OJ L 43, L3e 1.1.2024 1.1.2025 from motorcycles 13.2.2023, p. 14.

63 Noise emissions 02 OJ L 290, L1e 1.1.2024 1.1.2025 from mopeds 16.11.2018, p. 28.

92 Noise emissions 02 OJ L 221, 1.1.2024 1.1.2025 from non-original 8.9.2023, p. 55. replacement exhaust silencing systems for motorcycles, mopeds and three- wheel vehicles

Explanatory note:

The fact that a system or component is included in this list does not make its installation mandatory. For certain components, however, mandatory installation requirements are laid down in other annexes to this Regulation.

ELI: http://data.europa.eu/eli/reg_del/2023/2724/oj 3/5EN OJ L, 6.12.2023 ANNEX II Annexes VI, IX and X to Delegated Regulation (EU) No 134/2014 are corrected as follows:

(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 8-1 L-category vehicle sub-categories and the applicable UNECE regulations regarding sound requirements Vehicle (sub-)category Vehicle category name Applicable test procedure L1e-A Powered cycle UNECE regulation No 63 L1e-B Two-wheel moped v ≤ 25 km/h max Two-wheel moped v ≤ 45 km/h max L2e Three-wheel moped UNECE regulation No 9 L3e Two-wheel motorcycle UNECE regulation No 41 Engine capacity ≤ 80 cm3 Two-wheel motorcycle 80 cm3 <

Engine capacity ≤ 175 cm3 Two-wheel motorcycle Engine capacity > 175 cm3 L4e Two-wheel motorcycle with side-car UNECE regulation No 9’ L5e-A Tricycle L5e-B Commercial tricycle L6e-A Light on-road quad L6e-B Light quadri-mobile L7e-A Heavy on-road quad L7e-B Heavy all terrain quad L7e-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: ’.’;

4/5 ELI: http://data.europa.eu/eli/reg_del/2023/2724/ojEN OJ L, 6.12.2023

(2) in Annex II, point 5.2.3.6.1 is replaced by the following: ‘5.2.3.6.1. Pure gases The following pure gases shall be available, if necessary, for calibration and operation:

Purified nitrogen: (purity: ≤ 1 ppm C , ≤ 1 ppm CO, ≤ 400 ppm CO , ≤ 0,1 ppm NO);

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Purified synthetic air: (purity: ≤ 1 ppm C , ≤ 1 ppm CO, ≤ 400 ppm CO , ≤ 0,1 ppm NO); oxygen content 1 2 between 18 and 21 percent by volume;

Purified oxygen: (purity > 99,5 percent vol. O );

2 Purified hydrogen (and mixture containing helium or nitrogen): (purity ≤ 1 ppm C , ≤ 400 ppm CO , 1 2 hydrogen content between 39 and 41 per cent volume);

Carbon monoxide: (minimum purity 99,5 percent);

Propane: (minimum purity 99,5 percent).’;

(3) in Annex V, Appendix 3, point 4.7.1.(b) is replaced by the following: ‘(b) hydrocarbon analyser fuel gas (40 ± 2 % hydrogen, and balance helium or nitrogen with less than 1 ppm C1 equivalent hydrocarbon, less than 400 ppm CO ); ’.

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ELI: http://data.europa.eu/eli/reg_del/2023/2724/oj 5/5