This Annex lays down the requirements for high-yield NOx reduction systems for motor vehicles with compression ignition engines that emit less than 270 mg/km of nitrogen oxide, thereby achieving this reduction:

1. by technical modification by means of a hardware retrofit or a software update (technical modification) or

2. without technical change as a baseline condition.

This Annex applies to motor vehicles with compression ignition engines that

1. belong to the following vehicle class:

a) Class N1 with a technically permitted maximum mass of up to 2800 kg, or

b) Class M1 or M2, in either case without restriction as to the maximum permitted mass

and

2. belong to the following emission class:

a) ‘Euro 4“, which must be approved in accordance with row B in the limits table of Annex I, Section 5.3.1.4, of Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC (OJ L 350 of 28.12.1998, p. 1 ), most recently amended by Council Directive 2006/96/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania (OJ L 363 of 20.12.2006, p. 81), and repealed by Regulation (EC ) No 715/2007 of the European Parliament and of the Council of 20 July 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171 of 29.6.2007, p. 1 ),

or

b) "Euro 5", which must be approved in accordance with

Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 July 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6 ) and on access to vehicle repair and maintenance information (OJ L 171 of 29.6.2007, p. 1), most recently amended by Commission Regulation (EU ) No 459/2012 of 29 May 2012 amending Regulation (EC ) No 715/2007 of the European Parliament and of the Council and Commission Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6 ) (OJ L 142 of 1.6.2012, p. 16),

and

Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6 ) and on access to vehicle repair and maintenance information (OJ L 199 of 28.7.2008, p. 1), most recently amended by Commission Regulation (EU) No 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008, and Commission Regulation (EU) No 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (OJ L 301 of 27.11.2018, p. 1).

XX. Order amending the Traffic Licences Ordinance [Straßenverkehrs-Zulassungs-Ordnung] of ………..

The Annex to the Road Traffic Licenses Ordinance (StVZO) provided for in the present ordinance serves to implement the amendment to Section 47(4) of the Federal Immission Control Act [Bundesimmissionsschutzgesetz, BImSchG] made pursuant to the 13th Federal Emission Control (Amendment) Act [Gesetz zur Änderung des Bundes-Immissionsschutzgesetzes], which is based on the "Concept for clean air and ensuring individual mobility in our cities" of 1 October 2018 aimed at compliance with the annual average nitrogen dioxide limit under EU law. This concept provides, inter alia, that in case of traffic bans related to emission protection, vehicle owners in those regions that are particularly affected by nitrogen dioxide limit overruns, will receive offers in line with the objectives of the concept (air quality improvement) so as to enable them to maintain their mobility. This includes, among other things, exempting diesel vehicles of emission classes "Euro 4" and "Euro 5" from traffic restrictions, provided that such vehicles emit less than 270  mg of nitrogen oxide per km during practical driving.

After the amendment, the BImSchG provides that an emission level of less than 270 mg of nitrogen oxide per km shall be observed in practical driving, with analogous application of Article 2(41) in conjunction with Annex IIIa of Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6 ) and on access to vehicle repair and maintenance information (OJ L 199 of 28.7.2008, p. 1 ), most recently amended by Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008, and Commission Regulation (EU ) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (OJ L 301 of 27.11.2018, p. 1). This new provision of the BImSchG is the basis for the requirements for the use of a high-yield NOx reduction system (NOxMS-car), which are regulated in the present Amendment Order.

The proposed Annex to the StVZO will henceforth serve as the legal basis for the conferral of a General Operating License by the Federal Motor Transport Authority [Kraftfahrt-Bundesamt, KBA]. This Annex lays down the required emission level testing and documentation procedures that must be followed and that apply to diesel-powered vehicles of emission classes "Euro 4" and "Euro 5", both after technical modifications (hardware retrofitting or software update) and without technical modification. The Annex also lays down other aspects relevant to the conferral of a General Operating License, such as requirements for the installation of NOx

MS-car, and acceptance of a technical modification.

Until the entry into force of this Amendment Order in 2019, the KBA will be able to issue General Operating Licenses on the basis of the requirements for hardware retrofitting of 21 December 2018 as elaborated by the Federal Government (in the form of testing and documentation requirements) and published on 11 January 2019 by the Federal Ministry of Transport and Digital Infrastructure in the Federal Gazette (BAnz. AT 11.1.2019 B3).