Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC (Text with EEA relevance)

Article 1

Subject matter and objectives

Article 2

Scope

This Regulation shall apply to new vehicles, which have either been type-approved or approved individually under Regulation (EU) 2018/858 or which are referred to in Article 2(3) of that Regulation, and which belong to any of the following vehicle categories:

(a) M2 and M3;

(b) N1, N2 and N3, provided that the vehicles do not fall under Regulation (EU) 2019/631;

(c) O3 and O4.

For the purposes of this Regulation, the vehicles referred to in points (a), (b) and (c) of the first subparagraph shall be referred to as heavy-duty vehicles. Vehicles falling under point (a) or (b) of the first subparagraph shall be referred to as heavy-duty motor vehicles.

The vehicle categories referred to in this Regulation refer to the vehicle categories as defined in Article 4 of Regulation (EU) 2018/858 and in Annex I thereto.

A previous registration outside the Union that was made less than three months before registration in the Union shall not be taken into account.

This Regulation shall not apply to heavy-duty vehicles that are registered for the first time for a period not exceeding one month and that are registered for the sole purpose of transfer to a country outside the Union.

Article 3

Definitions

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

(1) ‘reference CO2 emissions’ means the average of the specific CO2 emissions in the reference period of all new heavy-duty vehicles in each of the vehicle sub-groups, determined in accordance with point 3 of Annex I;

(2) ‘specific CO2 emissions’ means the CO2 emissions of an individual heavy-duty vehicle determined in accordance with point 2.1 of Annex I;

(3) ‘reporting period of the year Y’ means the period from 1 July of the year Y to 30 June of the year Y+1;

(3a) ‘reporting period’ means the period from 1 July of a given year to 30 June of the following year;

(3b) ‘reference period’ means the reporting period of a given year with respect to which the regulatory CO2 emissions reduction obligations for a certain vehicle sub-group are specified under this Regulation;

(4) ‘average specific CO2 emissions’ means the average of the specific CO2 emissions of a manufacturer’s new heavy-duty vehicles in a given reporting period determined in accordance with point 2.7 of Annex I;

(5) ‘specific CO2 emissions target’ means the CO2 emissions target of an individual manufacturer, determined annually for the preceding reporting period in accordance with point 4 of Annex I;

(6) ‘rigid lorry’ means a lorry that is not designed or constructed for the towing of a semi-trailer;

(7) ‘tractor’ means a tractor unit that is designed and constructed exclusively or principally to tow semi-trailers;

(8) ‘vehicle sub-group’ means a grouping of vehicles as defined in point 1 of Annex I, that are characterised by a common and distinctive set of technical criteria relevant for determining the CO2 emissions and fuel consumption of those vehicles;

(9) ‘vocational vehicle’ means a heavy-duty vehicle intended to be used for specific duties which, according to the information in its certificate of conformity, as reported by Member States, fulfils the criteria laid down in point 1.2 of Annex I;

(10) ‘manufacturer’ means the person or body to which the vehicles registered in a given period have been attributed in accordance with Article 7a;

(10a) ‘reporter’ means an entity which is responsible for the reporting of data to the Commission;

(11) ‘zero-emission heavy-duty vehicle’ means any of the following vehicles: (a) a heavy-duty motor vehicle without an internal combustion engine, or with an internal combustion engine that emits not more than 3 g CO2/(tkm) or 1 g CO2/(pkm) as determined in accordance with Article 9 of Regulation (EU) 2017/2400; (b) a heavy-duty motor vehicle without an internal combustion engine, or with an internal combustion engine that emits not more than 1 g/kWh of CO2 as determined in accordance with Regulation (EC) No 595/2009 and its implementing measures or not more than 1 g/km of CO2 as determined in accordance with Regulation (EC) No 715/2007 of the European Parliament and of the Council (³) and its implementing measures, provided that no CO2 emissions have been determined pursuant to Regulation (EU) 2017/2400; (c) a trailer equipped with a device that actively supports its propulsion, and that has no internal combustion engine or has an internal combustion engine that emits less than 1 g CO2/kWh as determined in accordance with Regulation (EC) No 595/2009 and its implementing measures or in accordance with UNECE Regulation (EC) No 49;

(12) ‘low-emission heavy-duty vehicle’ means a heavy-duty vehicle, other than a zero-emission heavy-duty vehicle, with specific CO2 emissions of less than half of the reference CO2 emissions of all vehicles in the vehicle sub-group to which the heavy-duty vehicle belongs, as determined in accordance with point 2.3.4 of Annex I;

(13) ‘mission profile’ means a combination of a target speed cycle, a payload value, a body or trailer configuration and other parameters, if applicable, reflecting the specific use of a vehicle, on the basis of which official CO2 emissions and fuel consumption of a heavy-duty vehicle are determined;

(14) ‘target speed cycle’ means the description of the vehicle velocity, which the driver wants to reach or to which he is limited by traffic conditions, as a function of the distance covered in a trip;

(15) ‘payload’ means the weight of the goods that a vehicle is carrying under different conditions;

(16) ‘primary vehicle’ means a primary vehicle as defined in Article 3, point (22), of Regulation (EU) 2017/2400;

(17) ‘primary vehicle of a heavy-duty vehicle’ means a primary vehicle, for the simulation of which a generic body is allocated that corresponds to the actual body of the heavy-duty vehicle with regard to its floor (low/high) deck (single/double) configurations and any other parameters as applicable;

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

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

(20) ‘off-road vehicle’ means an off-road vehicle as defined in Part A, point 2.1, of Annex I to Regulation (EU) 2018/858;

(21) ‘special purpose vehicle’ means a special purpose vehicle as defined in Article 3, point (31), of Regulation (EU) 2018/858;

(22) ‘off-road special purpose vehicle’ means an off road special purpose vehicle as defined in Part A, point 2.3.1, of Annex I to Regulation (EU) 2018/858;

(23) ‘certificate of conformity’ means a certificate of conformity as defined in Article 3, point (5), of Regulation (EU) 2018/858;

(24) ‘public contract’, in the context of public procurement procedures and unless otherwise specified, means a ‘public contract’ as defined in Article 2(1), point (5), of Directive 2014/24/EU of the European Parliament and of the Council (⁴), ‘supply, works and service contracts’ as defined in Article 2, point (1), of Directive 2014/25/EU of the European Parliament and of the Council (⁵), and ‘concessions’ as defined in Article 5, point (1), of Directive 2014/23/EU of the European Parliament and of the Council (⁶);

(25) ‘extra heavy combination lorry’ or ‘EHC lorry’ means a heavy-duty vehicle of category N3 suitable for use in a vehicle combination and meeting all the following design and construction criteria: (a) having three axles or more; (b) with an engine rated power of at least 400 kW; (c) designed with a technically permissible maximum laden mass (TPMLM) of the combination of more than 60 tonnes;

For the purposes of this Regulation, ‘a group of connected manufacturers’ means a manufacturer and its connected undertakings.

In relation to a manufacturer, ‘connected undertakings’ means:

(a) undertakings in which the manufacturer has, directly or indirectly: (i) the power to exercise more than half the voting rights; (ii) the power to appoint more than half the members of the supervisory board, board of management or bodies legally representing the undertaking; or (iii) the right to manage the undertaking’s affairs;

(b) undertakings which directly or indirectly have, over the manufacturer, the right or powers referred to in point (a);

(c) undertakings in which an undertaking referred to in point (b) has, directly or indirectly, the right or powers referred to in point (a);

(d) undertakings in which the manufacturer together with one or more of the undertakings referred to in point (a), (b) or (c), or in which two or more of the latter undertakings, jointly have the right or powers referred to in point (a);

(e) undertakings in which the right or the powers referred to in point (a) are jointly held by the manufacturer or one or more of its connected undertakings referred to in points (a) to (d) and one or more third parties.

Article 3a

CO2 emissions reduction targets

The average CO2 emissions of the Union fleet of new heavy-duty motor vehicles, other than special purpose vehicles, off-road vehicles and off-road special purpose vehicles shall be reduced by the following percentages compared to the average CO2 emissions of the reporting period of the year 2019:

(a) 15 % for vehicle sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD and 10-LH for the reporting periods of the years 2025 to 2029;

(b) 45 % for all vehicle sub-groups other than vocational vehicles for the reporting periods of the years 2030 to 2034;

(c) 65 % for all vehicle sub-groups for the reporting periods of the years 2035 to 2039;

(d) 90 % for all vehicle sub-groups for the reporting periods of the year 2040 onwards.

Heavy-duty vehicles registered for use by armed services shall not be subject to the requirements of this Regulation if a Member State decides not to report them in accordance with Part A of Annex IV.

Article 3b

Additional measures to support the transition to zero-emission heavy-duty vehicles on the Union market

By 30 June 2025, the Commission shall submit to the European Parliament and to the Council a report which considers the need to facilitate the uptake on the Union market of heavy-duty vehicles which are retrofitted to become zero-emission heavy-duty vehicles, including by way of harmonised rules. That report shall contain an analysis of the options and the impact of those options. Where appropriate, the analysis shall be accompanied by a legislative initiative or other action.

Article 3c

Additional measures to support the demand for zero-emission heavy-duty vehicles on the Union market

By 30 June 2027, the Commission shall submit to the European Parliament and to the Council a report which contains an analysis of the potential need for and impact of initiatives to increase the share of zero-emission heavy-duty motor vehicles owned or leased by large fleet operators. In that report, the Commission shall consider possible options to increase the deployment of zero-emission heavy-duty vehicles owned or leased by large fleet operators.

Article 3d

Zero-emission heavy-duty vehicle target for urban buses

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).

Article 3e

Ensuring sustainable and resilient supply chains for urban buses through public procurement procedures

Contracting authorities and contracting entities shall use at least two of the following criteria as technical specifications or as award criteria, at least one of which shall relate to the tender’s contribution to the security of supply as set out in points (a) to (d), depending on the market situation and in compliance with Directive 2014/23/EU, 2014/24/EU or 2014/25/EU, and applicable sectoral legislation, as well as with the Union’s international commitments, including the World Trade Organization Agreement on Government Procurement (the “GPA”) and other international agreements by which the Union is bound:

(a) the proportion of the products of tenders originating in third countries, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council (⁷); that criterion shall only apply to products of tenders originating in countries that are not parties to the GPA and that have not concluded a free trade agreement, including rules on public procurement, with the Union;

(b) the current and estimated availability of essential spare parts for the functioning of the equipment that is the subject of the tender;

(c) a commitment by the tenderer that possible changes in its supply chain during the execution of the contract will not adversely affect the execution of the contract;

(d) certification or documentation demonstrating that the organisation of the tenderer’s supply chain allows it to comply with the security of supply requirement;

(e) environmental sustainability going beyond the minimum requirements provided for in applicable Union legal acts.

The first subparagraph shall not preclude contracting authorities and contracting entities from using additional criteria.

Article 4

Average specific CO2 emissions of a manufacturer

Starting from 1 July 2020, and in each subsequent reporting period, the Commission shall determine for each manufacturer the average specific CO

emissions in g/tkm for the preceding reporting period, by taking the following into account:

(a) the data reported for the manufacturer’s new heavy-duty vehicles registered in the preceding reporting period;

(b) the zero- and low-emission factor determined in accordance with Article 5; and

(c) in the reporting periods of the years 2030 to 2034, new zero-emission vocational vehicles falling within the scope of point 1.1.1 of Annex I.

The average specific CO2 emissions shall be determined in accordance with point 2.7 of Annex I.

Article 5

Zero- and low-emission heavy-duty vehicles

The zero- and low-emission factor shall take into account the number and the CO2 emissions of all zero- and low-emission heavy-duty vehicles of category N in the manufacturer’s fleet.

For the reporting periods 2019 to 2024, the zero- and low-emission heavy-duty vehicles shall be counted as follows for the purposes of paragraph 1:

(a) a zero-emission heavy-duty vehicle shall be counted as two vehicles; and

(b) a low-emission heavy-duty vehicle shall be counted as up to two vehicles according to a function of its specific CO2 emissions and the low-emission threshold of the vehicle sub-group to which the vehicle belongs as defined in point 2.3.3 of Annex I.

The zero- and low-emission factor shall be determined in accordance with point 2.3.1 of Annex I.

Article 6

Specific CO2 emissions targets of a manufacturer

For the reporting period of the year 2025 and for each subsequent reporting period, the Commission shall determine for each manufacturer a specific CO2 emissions target for the preceding reporting period. That target shall be determined in accordance with point 4.1 of Annex I.

Article 6a

Transfer of heavy-duty vehicles between manufacturers

For the purpose of calculating the average specific CO2 emissions of manufacturers in accordance with Article 4 and point 2.2 of Annex I, individual heavy-duty vehicles may be transferred between manufacturers, provided the following conditions are fulfilled:

(a) for all transfers: the request is jointly submitted by the transferring and the receiving manufacturer;

(b) for the transfer of heavy-duty vehicles other than zero-emission heavy-duty vehicles: the transferring and the receiving manufacturer belong to a group of connected manufacturers;

(c) for the transfer of zero-emission heavy-duty vehicles between manufacturers not belonging to a group of connected manufacturers: the number of zero-emission heavy-duty vehicles transferred to a manufacturer does not exceed 5 % of all its new heavy-duty vehicles registered in a given reporting period.

The manufacturers shall submit the transfer requests to the Commission using the electronic tools provided by the Commission.

Article 6b

Exemption for manufacturers producing few heavy-duty vehicles

The exemption laid down in paragraph 1 shall not apply in a given reporting period in any of the following cases:

(a) if the manufacturer so requests;

(b) if the manufacturer requests a transfer of heavy-duty vehicles in accordance with Article 6a;

(c) if the manufacturer is part of a group of connected manufacturers that collectively registered more than 100 heavy-duty vehicles in that reporting period or is part of a group of connected manufacturers that includes a manufacturer to which point (a) or (b) applies.

Article 7

Emission credits and emission debts

For the purpose of determining a manufacturer’s compliance with its specific CO2 emissions targets in the reporting periods of the years 2025 to 2039, account shall be taken of its emission credits or emission debts determined in accordance with point 5 of Annex I, which correspond to the number of new heavy-duty vehicles of the manufacturer in a reporting period, multiplied by:

(a) the difference between the CO2 emissions reduction trajectory as referred to in paragraph 2 and the average specific CO2 emissions of that manufacturer, if that difference is positive (‘emission credits’); or

(b) the difference between the average specific CO2 emissions and the specific CO2 emissions target of that manufacturer, if that difference is positive (‘emission debts’).

Emission credits shall be acquired in the reporting periods of the years 2019 to  2039. However, the emission credits acquired in the reporting periods of the years 2019 to 2024 shall be taken into account for the purpose of determining the manufacturer’s compliance with the specific CO2 emissions target of the reporting period of the year 2025 only.

Emission debts shall be acquired in the reporting periods of the years 2025 to 2039. However, the total emission debt of a manufacturer shall not exceed 5 % of the manufacturer’s specific CO2 emissions target multiplied by the number of heavy-duty vehicles of the manufacturer in that period (‘emission debt limit’).