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
Commission Delegated Regulation (EU) 2023/2724of 27 September 2023amending 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 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricyclesOJ L 60, 2.3.2013, p. 52., and in particular Article 23(12) thereof,Whereas:(1)In order to take into consideration the latest updates to regulations Nos 9Regulation No 9 of the Economic Commission for Europe of the United Nations (UNECE) – Uniform provisions concerning the approval of category L2, L4 and L5 vehicles with regard to sound emission [2018/1704] (OJ L 290, 16.11.2018, p. 1)., 41Regulation 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)., 63Regulation No 63 of the Economic Commission for Europe of the United Nations (UNECE) – Uniform provisions concerning the approval of L1 category vehicles with regard to sound emission [2018/1705] (OJ L 290, 16.11.2018, p. 28). and 92Regulation 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 L1, L2, L3, L4 and L5 with regard to sound emission [2018/1707] (OJ L 290, 16.11.2018, p. 162). 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 134/2014Commission 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). 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) 2020/239Commission 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)..(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.(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: