European UnionRegulation (EU) 2018/858, Software Update Management System Under UN Regulation No 156 (Annex II Item H2 and Annex IV Point 5)
In force since .
A product security requirements rule binding public and private bodies.
- Obligation class
- Security, Governance
As of .
What it requires
- It reaches you if you manufacture vehicles of the categories for which the table in Part I of Annex II to Regulation (EU) 2018/858 marks item H2: establish a software update management system as part of your conformity of production arrangements, and make that system and the whole vehicle type comply with UN Regulation No 156 (Annex IV, point 5, as added by Delegated Regulation (EU) 2022/2236).
- Meet that requirement from for a new type of vehicle where you execute software updates that affect type-approved characteristics after registration: national authorities refuse type-approval to a new type that does not comply (Article 2(1)).
- From , national authorities also refuse type-approval, on grounds relating to software update, to any new type that does not comply, treat certificates of conformity for new vehicles as no longer valid, and prohibit the registration, placing on the market or entry into service of vehicles that do not comply (Article 2(3) and (4)).
- For new complete vehicles those certificate and registration consequences apply from , and for new completed vehicles from (Article 2(7) and (8)).
These lines are LexLint's reading of the law's text, as of .
What this law does
Commission Delegated Regulation (EU) 2022/2236 of amends Annexes I, II, IV and V to Regulation (EU) 2018/858 as regards, among other things, software update. The recitals of Delegated Regulation (EU) 2022/2236 state that it is necessary to add UN Regulation No 156 to the list of regulatory acts setting out the requirements for the EU whole-vehicle type-approval.
The table in Part I of Annex II to Regulation (EU) 2018/858, as replaced by the Delegated Regulation, lists item H2, Software update, with Annex IV to Regulation (EU) 2018/858 and UN Regulation No 156 as the regulatory acts. Point 5 added to Annex IV to Regulation (EU) 2018/858 provides that the software update management system of the manufacturer as well as the whole vehicle type shall comply with the requirements set out in UN Regulation 156.
UN Regulation No 156 is titled Uniform provisions concerning the approval of vehicles with regards to software update and software update management system. The recitals state that manufacturers should establish a software update management system as part of their conformity of production process.
With effect from , national authorities must refuse to grant EU whole-vehicle type-approval or national type-approval to any new type of vehicles, where the manufacturer executes software updates that affect type-approved characteristics of those vehicles after their registration, if the vehicles do not comply with Regulation (EU) 2018/858 as amended with regard to software update.
With effect from , national authorities must consider, on grounds relating to software update, certificates of conformity for new vehicles to be no longer valid and prohibit the registration, placing on the market or entry into service of vehicles, where the manufacturer executes software updates that affect type-approved characteristics after registration, if the vehicles do not comply.
With effect from , national authorities must also refuse, on grounds relating to software update, to grant EU whole-vehicle type-approval or national type-approval to any new type of vehicles that do not comply. With effect from the certificate and registration consequences of Article 2(3) apply, on grounds relating to software update, to new complete vehicles, and with effect from they apply to new completed vehicles.
Commission Delegated Regulation (EU) 2022/2236 was published in the Official Journal on . Article 3 of Delegated Regulation (EU) 2022/2236 provides that it enters into force on the twentieth day following publication, which is .
When LexLint raises it
When your app profile says your app distributes a software product.