Commission Implementing Regulation (EU) 2021/392 of 4 March 2021 on the monitoring and reporting of data relating to CO2 emissions from passenger cars and light commercial vehicles pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council and repealing Commission Implementing Regulations (EU) No 1014/2010, (EU) No 293/2012, (EU) 2017/1152 and (EU) 2017/1153 (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (1), and in particular Articles 7(7), 12(4), 13(4) and 15(7) thereof,

Whereas:

(1) The monitoring and reporting of data on passenger cars and light commercial vehicles registered in the Union are essential for the functioning of the CO2 emission performance standards set out in Regulation (EU) 2019/631. Considering that that Regulation started applying on 1 January 2020, it is appropriate to simplify and clarify the provisions set out in Commission Implementing Regulations (EU) No 1014/2010 (2) and (EU) No 293/2012 (3) and to bring those provisions into one single Implementing Regulation. For the reporting of data for the calendar year 2020, it is however appropriate to allow both the new and the existing provisions to overlap until 28 February 2021.

(2) It is necessary to set out procedures for the monitoring and reporting of data relating to new passenger cars and light commercial vehicles that are to be followed by the competent authorities of the Member States, the manufacturers, as well as the Commission and the European Environment Agency (EEA).

(3) The monitoring and reporting cycle provided for in Article 7 of Regulation (EU) 2019/631 consists of three main steps: the annual reporting by Member States’ authorities to the Commission of the provisional data based on registrations of new vehicles in the preceding calendar year; the transmission of that provisional data by the Commission, with the support of the EEA, to the manufacturers concerned; the verification of that data by the manufacturers and, where necessary, the notification to the Commission of corrections to that data.

(4) The measures to be taken by the different actors, as part of those three steps within the relevant time-limits, should be clearly specified, with the objective of ensuring the robustness and reliability of the final dataset published by the Commission pursuant to Article 9 of Regulation (EU) 2019/631, on the basis of which a manufacturer’s average specific CO2 emissions and compliance with its specific CO2 emission target are determined.

(5) Pursuant to Article 12 of Regulation (EU) 2019/631, the Commission is required to collect, from 2021, data on the real-world fuel or energy consumption of passenger cars and light commercial vehicles that are recorded by on-board fuel and/or energy consumption monitoring devices as provided for in Article 4a of Commission Regulation (EU) 2017/1151 (4).

(6) Such real-world data should be collected as soon as it becomes available, as it is essential to identify, as early as possible, how the difference between the real-world emissions and fuel or energy consumption and the corresponding type-approval values evolves over time, both for monitoring the effectiveness of the CO2 emission standards in reducing vehicle CO2 emissions, and for informing the public.

(7) In order to ensure that it is possible to access real-world fuel and energy consumption data as early as possible, manufacturers should be required to collect such data from new passenger cars and light commercial vehicles registered from 1 January 2021. Such data may be collected either through direct data transfers from vehicles to the manufacturers, or through their authorised dealers or authorised repairers when vehicles are brought in for service or repairs and on-board data is to be read out for other purposes. Where such data is made available to a manufacturer, it should be reported to the Commission, starting with data relating to new vehicles registered in the Union for the first time in 2021.

(8) Pursuant to Regulation (EU) 2017/1151, the obligation to equip vehicles with on-board fuel or energy consumption monitoring devices does not apply to certain small volume manufacturers, and it is therefore appropriate that they should also be exempt from the obligation to collect and report real-world data. This should, however, not prevent small volume manufacturers from delivering real-world data should they so wish.

(9) Real-world fuel and energy consumption data should be collected by Member States as part of the roadworthiness tests performed in accordance with Directive 2014/45/EU of the European Parliament and of the Council (5). In order to facilitate this task, it is appropriate to align the obligation to collect the real-world data with the requirements set out in Directive 2014/45/EU, both as regards the national timetables for the roadworthiness tests and for the reading-out of data from the on-board diagnostics serial port of the vehicles. The data collection should therefore start from the first roadworthiness tests and should not be required before 20 May 2023, which is the date from which the bodies and establishments performing those tests are to be equipped with the necessary devices, such as scan tools, pursuant to that Directive. Member States should, however, not be prevented from delivering data before that date, should they so wish.

(10) Manufacturers and Member States should report real-world data collected during a calendar year to the Commission and the EEA, using the data transmission procedures provided by the EEA. Should such data not be available, which may be the case in particular in the first calendar years following 2021, manufacturers and Member States should inform the Commission and provide the reasons therefore.

(11) Real-world fuel and energy consumption data should be collected together with the vehicle’s identification number (VIN). The VIN is considered to be personal data from the moment the vehicle is registered, and is therefore subject to the requirements laid down with regard to the protection of such data in Regulation (EU) 2016/679 of the European Parliament and of the Council (6). The processing of the VINs for the purposes of Regulation (EU) 2019/631 should be considered lawful pursuant to Article 6(1)(c) of Regulation (EU) 2016/679. Moreover, it should be specified that the entities involved in the collection, reporting and processing of the VINs are to be considered as controllers of such data within the meaning of point 7 of Article 4 of Regulation (EU) 2016/679 and, as regards the EEA and the Commission, within the meaning of Article 3(8) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (7).It should be also ensured that the VINs are collected using secure means of communication, and that the data subjects, namely the vehicle owners, are adequately informed in accordance with Articles 13 and 14 of Regulation (EU) 2016/679.

(12) It should also be specified how the real-world data and the VINs are to be used, and the time period for which that data is to be retained by the different entities involved in the collection and reporting. As the objective is to follow the evolution of the real-world performance of the vehicle over its estimated lifetime, data should be collected for a period of 15 years for the same vehicle and be retained by the EEA for a period of 20 years. However, as regards other entities collecting and reporting data, they should hold the data only for the time needed to prepare the data for the transmission to the EEA.

(13) The collection of real-world data and the VINs should be fully transparent, and the vehicle owners should therefore have the possibility to refuse to make that data available to the manufacturers or during the roadworthiness tests. It should be noted that the right of refusal of the vehicle owner is not based on Article 21 of Regulation (EU) 2016/679 and the refusal should be considered valid only as regards that data collected for the purposes of this Regulation.

(14) The data to be published in accordance with Article 12(1) of Regulation (EU) 2019/631 should not allow the identification of individual vehicles or drivers, but should only be published as an anonymised and aggregated dataset without any reference to the VINs.

(15) Based on the assessment referred to in the first subparagraph of Article 12(3) of Regulation (EU) 2019/631, the Commission should review certain aspects of the provisions on the monitoring, reporting and publication of real-world fuel and energy consumption data, taking into account, inter alia, the availability of direct data transfers from vehicles.

(16) In order to ensure the availability of type-approval data for the purpose of establishing a procedure for verifying the CO2 emissions of passenger cars and light commercial vehicles in-service, as required by Article 13 of Regulation (EU) 2019/631, the collection of such data under Commission Implementing Regulations (EU) 2017/1152 (8) and (EU) 2017/1153 (9) should continue also after the obligation to collect such data under those Regulations ceases to apply on 1 January 2021.

(17) Type-approval authorities should therefore ensure that data relating to the tests performed in accordance with Regulation (EU) 2017/1151 continues to be recorded and transmitted to the Commission Joint Research Centre, using the secure transmission procedure provided by it.

(18) From 1 January 2021, it is no longer necessary to determine CO2 emissions for passenger cars and light commercial vehicles in accordance with the New European Driving Cycle (NEDC) as provided for in Implementing Regulations (EU) 2017/1152 and (EU) 2017/1153, with the exception of off-vehicle-charging hybrid electric passenger cars placed on the market until 31 December 2022, where a manufacturer wishes to benefit from super-credits as set out in Article 5 of Regulation (EU) 2019/631.

(19) As the transition from the NEDC-based CO2 emission standards to standards based on the Worldwide Harmonised Light Vehicle Test Procedure set out in Regulation (EU) 2017/1151 will only be fully completed by the end of 2023, and will be finally reported on as part of the annual CO2 data monitoring process in 2024, and in view of, in particular, the provisions on eco-innovations and end-of-series vehicles, Implementing Regulations (EU) 2017/1152 and (EU) 2017/1153 should remain in force until the end of 2024.

(20) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered its comments on 14 January 2021.

(21) The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS REGULATION:

CHAPTER 1

GENERAL PROVISIONS

Article 1

Subject matter

Article 2

Definitions

In addition to the definitions set out in Article 3 of Regulation (EU) 2019/631, the following definitions shall apply:

(a) ‘detailed monitoring data’ means the detailed monitoring data specified for passenger cars in Section 2 of Part B of Annex II to Regulation (EU) 2019/631 and for light commercial vehicles in Section 2 of Part C of Annex III to that Regulation;

(b) ‘aggregated monitoring data’ means the aggregated data specified for passenger cars in Section 1 of Part B of Annex II to Regulation (EU) 2019/631 and for light commercial vehicles in Section 1 of Part C of Annex III to that Regulation;

(c) ‘real-world data’ means the data referred to in point 3.1(a) and (b) and point 3.2(a) to (g) and (l) of Annex XXII to Regulation (EU) 2017/1151 that has been obtained from on-board fuel and/or energy consumption monitoring devices.

CHAPTER 2

REPORTING OF DATA IN ACCORDANCE WITH ARTICLE 7 OF REGULATION (EU) 2019/631

Article 3

Aggregated and detailed monitoring data

Member States shall ensure that requests by the EEA for clarifications or corrections of the transmitted data are addressed without delay by their designated contact persons.

Article 4

Provisional calculation and data

The VINs shall be retained by the EEA for a period of 20 years from the date on which they were first uploaded to the CDR or the Business Data Repository (BDR) of the EEA.

Article 5

Manufacturer details

Manufacturers that place or intend to place passenger cars or light commercial vehicles that fall within the scope of Regulation (EU) 2019/631 on the market of the Union shall notify the Commission without delay of the following information and of any changes to that information:

(a) the manufacturer name they indicate or intend to indicate on the certificates of conformity;

(b) the World Manufacturer Identifier, corresponding to the first three characters of the VIN, that they indicate or intend to indicate on the certificates of conformity;

(c) for the purpose of the notification referred to in the second subparagraph of Article 7(4) of Regulation (EU) 2019/631, the name and address of the contact person representing the manufacturer to whom the notification of the provisional calculations and data is to be addressed.

The names and addresses referred to in point (c) shall be considered as personal data within the meaning of Regulation (EU) 2018/1725.

Article 6

Notification of errors in the data used for the provisional calculations

(a) Code A, if the record has been changed by the manufacturer;

(b) Code B, if the vehicle cannot be identified by the manufacturer;

(c) Code C, if the vehicle falls out of the scope of Regulation (EU) 2019/631;

(d) Code D, if the manufacturer to which a vehicle of category N1 has been attributed is the manufacturer of the completed vehicle but not of the incomplete or complete base vehicle.

For the purposes of point (b), a vehicle is considered unidentifiable where the VIN is missing or is manifestly incorrect.

EC-CO2-LDV-implementation@ec.europa.eu

and

CO2-monitoring@eea.europa.eu

Article 7

Reporting of data relating to completed light commercial vehicles

Manufacturers of a base vehicle as referred to in point 1.2.2 of Annex III to Regulation (EU) 2019/631 shall transmit the data referred to in that point via electronic data transfer to the BDR at the latest within three months from being notified of the provisional data in accordance with Article 4 of this Regulation.

Article 8

Reporting of NEDC CO2 emissions for the purposes of Article 5 of Regulation (EU) 2019/631