Commission Regulation (EU) 2017/2400 of 12 December 2017 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the determination of the CO2 emissions and fuel consumption of heavy-duty vehicles and amending Directive 2007/46/EC of the European Parliament and of the Council and Commission Regulation (EU) No 582/2011 (Text with EEA relevance. )

CHAPTER 1

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation complements the legal framework for the type-approval of motor vehicles and engines with regard to emissions established by Regulation (EU) No 582/2011 by laying down the rules for issuing licences to operate a simulation tool with a view to determining CO2 emissions and fuel consumption of new vehicles to be sold, registered or put into service in the Union and for operating that simulation tool and declaring the CO2 emissions and fuel consumption values thus determined.

Article 2

Scope

In the case of heavy buses, this Regulation shall apply to primary vehicles, interim vehicles and to complete vehicles or completed vehicles.

Article 3

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1) ‘CO2 emissions and fuel consumption related properties’ means specific properties derived for a component, separate technical unit and system which determine the impact of the part on the CO2 emissions and fuel consumption of a vehicle;

(2) ‘input data’ means information on the CO2 emissions and fuel consumption related properties of a component, separate technical unit or system which is used by the simulation tool for the purpose of determining CO2 emissions and fuel consumption of a vehicle;

(3) ‘input information’ means information relating to the characteristics of a vehicle which is used by the simulation tool for the purposes of determining their CO2 emissions and fuel consumption of the vehicle and which is not part of an input data;

(4) ‘manufacturer’ means the person or body who is responsible to the approval authority for all aspects of the certification process and for ensuring conformity of CO2 emissions and fuel consumption related properties of components, separate technical units and systems. It is not essential that the person or body be directly involved in all stages of the construction of the component, separate technical unit or system which is the subject of the certification.

(4a) ‘vehicle manufacturer’ means a body or person responsible for issuing the manufacturer's records file and the customer information file pursuant to Article 9;

(5) ‘authorised entity’ means a national authority authorised by a Member State to request relevant information from the manufacturers and vehicle manufacturers on the CO2 emissions and fuel consumption related properties of a specific component, specific separate technical unit or specific system and CO2 emissions and fuel consumption of new vehicles respectively.

(6) ‘transmission’ means a device consisting of at least of two shiftable gears, changing torque and speed with defined ratios;

(7) ‘torque converter’ means a hydrodynamic start-up component either as a separate component of the driveline or transmission with serial or parallel power flow that adapts speed between engine and wheel and provides torque multiplication;

(8) ‘other torque transferring component’ or ‘OTTC’ means a rotating component attached to the driveline which produces torque losses dependent on its own rotational speed;

(9) ‘additional driveline component’ or ‘ADC’ means a rotating component of the driveline which transfers or distributes power to other driveline components and produces torque losses dependant on its own rotational speed;

(10) ‘axle’ means a component comprising all rotating parts of the driveline which transfer the driving torque coming from the prop shaft to the wheels and changes the torque and speed with a fixed ratio and including the functions of a differential gear;

(11) ‘air drag’ means characteristic of a vehicle configuration regarding aerodynamic force acting on the vehicle in the direction of air flow and determined as a product of the drag coefficient and the cross sectional area for zero crosswind conditions;

(12) ‘auxiliaries’ means vehicle components including an engine fan, steering system, electric system, pneumatic system and Heating, Ventilation and Air Conditioning (HVAC) system whose CO2 emissions and fuel consumption properties have been defined in Annex IX;

(13) ‘component family’, ‘separate technical unit family’ or ‘system family’ means a manufacturer's grouping of components, separate technical units or systems, respectively, which through their design have similar CO2 emissions and fuel consumption related properties;

(14) ‘parent component’, ‘parent separate technical unit’ or ‘parent system’ means a component, separate technical unit or system, respectively, selected from a component, separate technical unit or system family, respectively, in such a way that its CO2 emissions and fuel consumption related properties will be the worst case for that component family, separate technical unit family or system family;

(15) ‘zero emission heavy-duty vehicle’ (Ze-HDV) means ‘zero emission heavy-duty vehicle’ as defined in Article 3, point (11), of Regulation (EU) 2019/1242 of the European Parliament and of the Council;

(16) ‘vocational vehicle’ means a heavy-duty vehicle not intended for the delivery of goods and for which one of the following digits is used to supplement the bodywork codes, as listed in Appendix 2 to Annex I to Regulation (EU) 2018/858: 09, 10, 15, 16, 18, 19, 20, 23, 24, 25, 26, 27, 28, 31; or a tractor with a maximum speed not exceeding 79 km/h;

(17) ‘rigid lorry’ means a ‘lorry’ as defined in Part C, point 4.1, of Annex I to Regulation (EU) 2018/858, except for the lorries designed or constructed for the towing of a semi-trailer;

(18) ‘tractor’ means a ‘tractor unit for semi-trailer’ as defined in Part C, point 4.3, of Annex I to Regulation (EU) 2018/858

(19) ‘sleeper cab’ means a type of cabin that has a compartment behind the driver's seat intended to be used for sleeping;

(20) ‘hybrid electric heavy-duty vehicle’ (He-HDV) means a hybrid heavy duty vehicle that, for the purpose of mechanical propulsion, draws energy from both of the following on-vehicle sources of stored energy or power: (i) a consumable fuel, and (ii) an electrical energy or power storage device;

(21) ‘dual-fuel vehicle’ is as defined in Article 2(48) of Regulation (EU) No 582/2011;

(22) ‘primary vehicle’ means a heavy bus in a virtual assembly condition determined for simulation purposes, for which the input data and input information as set out in Annex III is used;

(23) ‘manufacturer’s records file’ means a file produced by the simulation tool which contains manufacturer related information, a documentation of the input data and input information to the simulation tool and the results for CO2 emissions and fuel consumption;

(24) ‘customer information file’ means a file produced by the simulation tool which contains a defined set of vehicle related information and the results for CO2 emissions and fuel consumption as defined in Part II of Annex IV;

(25) ‘vehicle information file’ (VIF) means a file produced by the simulation tool for heavy buses to transfer the relevant input data, input information and simulation results to subsequent manufacturing stages following the method as described in point (2) of Annex I;

(26) ‘medium lorry’ means a vehicle of category N2, as defined in Article 4(1), point (b)(ii), of Regulation (EU) 2018/858, with a technically permissible maximum laden mass exceeding 5 000  kg and not exceeding 7 400  kg;

(27) ‘heavy lorry’ means a vehicle of category N2, as defined in Article 4(1), point (b)(ii), of Regulation (EU) 2018/858, with a technically permissible maximum laden mass exceeding 7 400  kg and a vehicle of category N3, as defined in Article 4(1), point (b)(iii), of that Regulation;

(28) ‘heavy bus’ means a vehicle of category M3, as defined in Article 4(1), point (a)(iii), of Regulation (EU) 2018/858, with a technically permissible maximum laden mass of more than 7 500  kg;

(29) ‘primary vehicle manufacturer’ means a manufacturer responsible for the primary vehicle;

(30) ‘interim vehicle’ means any further completion of a primary vehicle where a sub-set of input data and input information as defined for the complete or completed vehicle in accordance with Table 1 and Table 3a of Annex III is added and/or modified;

(31) ‘interim manufacturer’ means a manufacturer responsible for an interim vehicle;

(32) ‘incomplete vehicle’ means ‘incomplete vehicle’ as defined in Article 3, point (25), of Regulation (EU) 2018/858;

(33) ‘completed vehicle’ means ‘completed vehicle’ as defined in Article 3, point (26), of Regulation (EU) 2018/858;

(34) ‘complete vehicle’ means ‘complete vehicle’ as defined in Article 3, point (27), of Regulation (EU) 2018/858;

(35) ‘standard value’ is input data for the simulation tool for a component where certification of input data is applicable, but the component has not been tested to determine a specific value and which reflects the worst-case performance of a component;

(36) ‘generic value’ is data used in the simulation tool for components or vehicle parameters where no component testing or declaration of specific values is foreseen and which reflects performance of average component technology or typical vehicle specifications;

(37) ‘van’ means a ‘van’ as defined in Part C, point 4.2, of Annex I to Regulation (EU) 2018/858;

(38) ‘application case’ means the different scenarios to be followed in the case of a medium lorry, heavy lorry, heavy bus that is a primary vehicle, heavy bus that is an interim vehicle, heavy bus that is a complete vehicle or completed vehicle for which different manufacturer provisions and functions are applicable in the simulation tool;

(39) ‘base lorry’ means a medium lorry or heavy lorry equipped at least with: — a chassis, engine, transmission, axles and tyres, in the case of pure internal combustion engine vehicles; — a chassis, electric machine system and/or integrated electric powertrain component, battery system(s) and/or capacitor system(s) and tyres, in the case of pure electric vehicles; — a chassis, engine, electric machine system and/or integrated electric powertrain component and/or integrated hybrid electric vehicle powertrain component type 1, battery system(s) and/or capacitor system(s) and tyres, in the case of hybrid electric heavy-duty vehicles.

Article 4

Vehicle groups

For the purpose of this Regulation, motor vehicles shall be classified in vehicle groups in accordance with Annex I, Tables 1 to 6.

Articles 5 to 23 do not apply to heavy lorries of vehicle groups 6, 7, 8, 13, 14, 15, 17, 18 and 19 as set out in Table 1 of Annex I, and to medium lorries of vehicle groups 51, 52, 55 and 56, as set out in Table 2 of Annex I and to any vehicle with a driven front axle in the vehicle groups 11, 12 and 16 as set out in Table 1 of Annex I.

Article 5

Electronic tools

The Commission shall provide free of charge the following electronic tools in the form of downloadable and executable software:

(a) a simulation tool;

(b) pre-processing tools;

(c) a hashing tool.

The Commission shall maintain the electronic tools and provide modifications and updates to those tools.

CHAPTER 2

LICENCE TO OPERATE THE SIMULATION TOOL FOR THE PURPOSES OF TYPE-APPROVAL WITH REGARD TO EMISSIONS

Article 6

Application for a licence to operate the simulation tool with a view to determining CO2 emissions and fuel consumption of new vehicles

The application for a licence shall be accompanied by an adequate description of the processes set up by the vehicle manufacturer with a view to the operation of the simulation tool with respect to the application case concerned, as set out in point (1) of Annex II.

It shall also be accompanied by the assessment report drafted by the approval authority after performing an assessment in accordance with point 2 of Annex II.

The application for a licence must concern the application case which includes the type of vehicle concerned by the application for EU type-approval.

Article 7

Administrative provisions for the granting of the licence

Article 8

Subsequent changes to the processes set up for the purposes of determining CO2 emissions and fuel consumption of vehicles

CHAPTER 3

OPERATION OF THE SIMULATION TOOL WITH A VIEW TO DETERMINING THE CO2 EMISSIONS AND FUEL CONSUMPTION FOR THE PURPOSES OF REGISTRATION, SALE AND ENTRY INTO SERVICE OF NEW VEHICLES

Article 9

Obligation to determine and declare CO2 emissions and fuel consumption of new vehicles

For vehicle technologies listed in Appendix 1 to Annex III to be sold, registered or put into service in the Union, the vehicle manufacturer or interim manufacturer shall determine only the input parameters specified for those vehicles in the models set out in Table 5 of Annex III, using the latest available version of the simulation tool referred to in Article 5(3).

A vehicle manufacturer may operate the simulation tool for the purposes of this Article only if in possession of a licence granted for the application case concerned in accordance with Article 7. An interim manufacturer operates the simulation tool under the licence of a vehicle manufacturer.

With the exception of the cases referred to in the second subparagraph of Article 21(3), and in Article 23(6), any subsequent changes to the manufacturer's records file shall be prohibited.

Vehicle manufacturers of heavy buses additionally shall record the results of the simulation in the vehicle information file. Interim manufacturers of heavy buses shall record the vehicle information file.

The primary vehicle manufacturer shall create cryptographic hashes of the manufacturer’s records file and of the vehicle information file.

The interim manufacturer shall create the cryptographic hash of the vehicle information file.

The vehicle manufacturer of complete vehicles or completed vehicles that are heavy buses, shall create cryptographic hashes of the manufacturer’s records file, of the customer information file and of the vehicle information file.

Each customer information file shall include an imprint of the cryptographic hash of the manufacturer's records file referred to in paragraph 3.

Vehicle manufacturers of heavy buses shall make the vehicle information file available to the manufacturer of a subsequent step in the chain.

Article 10

Modifications, updates and malfunction of the electronic tools

Where a malfunction of the simulation tool occurs at a step in the manufacturing chain of heavy buses prior to the complete or completed manufacturing steps, the obligation under Article 9(1) to operate the simulation tool at the subsequent manufacturing steps shall be postponed for a maximum of 14 calendar days after the date on which the manufacturer at the previous step made the vehicle information file available to the manufacturer of the complete or completed step.

Article 11

Accessibility of the simulation tool inputs and output information

CHAPTER 4

CO2 EMISSIONS AND FUEL CONSUMPTION RELATED PROPERTIES OF COMPONENTS, SEPARATE TECHNICAL UNITS AND SYSTEMS

Article 12

Components, separate technical units and systems relevant for the purposes of determining CO2 emissions and fuel consumption

The simulation tool input data referred to in Article 5(3) shall include information relating to the CO2 emissions and fuel consumption related properties of the following components, separate technical units and systems:

(a) engines;

(b) transmissions;

(c) torque converters;

(d) other torque transferring components;

(e) additional driveline components;

(f) axles;

(g) air drag;

(h) auxiliaries;

(i) tyres;

(j) electric powertrain components;

(k) wheel ends.

Article 13

Standard values and generic values

Article 14

Certified values

Article 15

Family concept regarding components, separate technical units and systems using certified values

Subject to paragraphs 3 to 6, the certified values determined for a parent component, parent separate technical unit or parent system shall be valid, without further testing, for all family members in accordance with the family definition as set out in:

— Appendix 6 to Annex VI as regards the family concept of transmissions, torque converters, other torque transferring component and additional driveline components;

— Appendix 4 to Annex VII as regards the family concept of axles;

— Appendix 5 to Annex VIII as regards the family concept for the purposes of determining air drag;

— Appendix 3 to Annex V as regards engines, the certified values for the members of an engine family created in accordance with the family definition shall be derived in accordance with points 4, 5 and 6 of Annex V;

— Appendix 13 to Annex Xb as regards the family concept of electric machine systems or integrated electric powertrain components, the certified values for the members of a family created in accordance with the family definition of electric machine systems, shall be derived in accordance with point 4 of Annex Xb;

— Annex VIIa as regards the family concept of wheel ends.

For tyres, a family shall consist of one tyre type only.

For electric machine systems or integrated electric powertrain components, the certified values for the members of a family of electric machine systems shall be derived in accordance with point 4 of Annex Xb.

If, in the framework of testing for the purposes of the second subparagraph of Article 16(3), the approval authority determines that the selected parent component, parent separate technical unit or parent system does not fully represent the component family, separate technical unit family or system family, an alternative reference component, separate technical units or system may be selected by the approval authority, tested and shall become a parent component, parent separate technical unit or parent system.

The CO2 emissions and fuel consumption related properties of that specific component, separate technical unit or system shall be determined in accordance with Article 14.

Article 16

Application for a certification of the CO2 emissions and fuel consumption related properties of components, separate technical units or systems

The application for certification shall take the form of an information document drawn up in accordance with the model set out in:

— Appendix 2 to Annex V as regards engines;

— Appendix 2 to Annex VI as regards transmissions;

— Appendix 3 to Annex VI as regards torque converters;

— Appendix 4 to Annex VI as regards other torque transferring component;

— Appendix 5 to Annex VI as regards additional driveline components;

— Appendix 2 to Annex VII as regards axles;

— Appendix 2 to Annex VIII as regards air drag;

— Appendix 2 to Annex X as regards tyres;

— Appendixes 2 to 6 to Annex Xb as regards electric powertrain components;

— Appendix 2 to Annex VIIa as regards wheel ends.

The application shall also be accompanied by the relevant test reports issued by an approval authority, test results, and by a statement of compliance issued by an approval authority pursuant to point 2 of Annex IV to Regulation (EU) 2018/858.

Article 17