Commission Implementing Regulation (EU) 2022/1362 of 1 August 2022 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the performance of heavy-duty trailers with regard to their influence on the CO2 emissions, fuel consumption, energy consumption and zero emission driving range of motor vehicles and amending Implementing Regulation (EU) 2020/683 (Text with EEA relevance)

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Scope

This Regulation applies to vehicles of categories O3 and O4, other than:

(a) vehicles with a bodywork other than a box shaped bodywork as defined in Article 2, point (2);

(b) vehicles with a technically permissible maximum mass lower than 8 000  kg;

(c) vehicles with more than three axles;

(d) link drawbar trailers and link semi-trailers;

(e) converter dollies;

(f) vehicles exceeding the maximum authorised dimensions laid down in Annex XIII, section E to Commission Implementing Regulation (EU) 2021/535 (¹);

(g) vehicles with driven axles.

Article 2

Definitions

The following definitions shall apply:

(1) ‘simulation tool’ means an electronic tool, developed by the Commission, which is used to assess the performance of vehicles of categories O3 and O4 with regard to their influence on the CO2 emissions and fuel consumption of motor vehicles;

(2) ‘box shaped bodywork’ means an enclosed superstructure integral to the frame of the vehicle, which covers the goods being transported, and for which the attributed digits used to supplement the codes of bodywork are 03, 04, 05, 06 or 32, in accordance with Annex III, Table 3;

(3) ‘hashing tool’ means an electronic tool, developed by the Commission, which provides an unequivocal association between the certified component, separate technical unit or system and its certification document, or between a vehicle and its manufacturer's records file and its customer information file;

(4) ‘manufacturer’ means the person or body that 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, irrespective of whether that person or body is directly involved in all stages of the construction of the component, separate technical unit or system which is the subject of the certification;

(5) ‘vehicle manufacturer’ means a body or person responsible for issuing the manufacturer’s records file and the customer information file pursuant to Article 8;

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

(7) ‘aerodynamic device’ means a device, equipment, or a combination thereof in a specific configuration designed to reduce the aerodynamic drag of vehicle combinations consisting of at least a motor vehicle and a trailer or semi-trailer;

(8) ‘generic geometry’ means a three dimensional model developed by the Commission for computational fluid dynamics simulations;

(9) ‘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 performance of the vehicle with regard to its influence on the CO2 emissions and fuel consumption of motor vehicles, and which takes the form of the template laid down in Annex IV, Part I;

(10) ‘customer information file’ means a file produced by the simulation tool which contains a set of vehicle related information and the performance of the vehicle with regard to its influence on CO2 emissions, fuel consumption, of motor vehicles, and which takes the form of the template laid down in Annex IV, Part II;

(11) ‘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 to determine the CO2 emissions and fuel consumption of a vehicle;

(12) ‘input information’ means information about the characteristics of a vehicle which is used by the simulation tool to determine the influence on the CO2 emissions and fuel consumption of that vehicle and which is not part of input data;

(13) ‘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.

CHAPTER II

VEHICLE GROUPS, ELECTRONIC TOOLS AND VEHICLE GENERIC GEOMETRIES

Article 3

Vehicle groups

Vehicle manufactures shall classify their vehicles in vehicle groups in accordance with Annex I, Point 2.

Article 4

Electronic tools

Vehicle manufacturers shall use the following electronic tools provided by the Commission free of charge in the form of downloadable and executable software:

(a) the simulation tool;

(b) the hashing tool.

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

CHAPTER III

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

Article 5

Application for a licence to operate the simulation tool to assess the performance of new vehicles with regard to their influence on CO2 emissions and fuel consumption

The application for a licence to operate the simulation tool shall be accompanied by all of the following:

(a) a detailed description of the processes referred to in Annex II, Point 1;

(b) the assessment referred to in Annex II, Point 2.

Article 6

Administrative provisions for the granting of the licence to operate the simulation tool

Article 7

Subsequent changes to the processes set up for assessing the performance of new vehicles with regard to their influence on CO2 emissions and fuel consumption

CHAPTER IV

OPERATION OF THE SIMULATION TOOL

Article 8

Obligation to assess the performance of new vehicles with regard to their influence on CO2 emissions and fuel consumption

With the exception of the cases referred to in Article 21(2), second subparagraph, and in Article 23(3), any changes to the manufacturer's records file shall be prohibited.

Each customer information file shall contain an imprint of the cryptographic hash of the manufacturer's records file.

Article 9

Modifications of, updates to and malfunctionings of the simulation and hashing tool

Article 10

Accessibility of the simulation tool inputs and output information

CHAPTER V

CO2 EMISSIONS AND FUEL CONSUMPTION RELATED PROPERTIES OF AERODYNAMIC DEVICES AND TYRES

Article 11

Components, separate technical units and systems relevant for assessing the performance of new vehicles with regard to their influence on CO2 emissions and fuel consumption

The input data for the simulation tool shall contain data about the CO2 emissions and fuel consumption related properties of the following components, separate technical units and systems:

(a) aerodynamic devices;

(b) tyres.

Article 12

Standard values

The standard values for aerodynamic devices shall be determined and allocated automatically by the simulation tool by using the parameters laid down in Annex V, Appendix 6.

Article 13

Certified values

The certified values for aerodynamic devices shall be determined in accordance with Annex V, Point 3.

Article 14

Vehicle generic geometries

For the determination of the aerodynamic device data specified in Annex V, manufacturers of aerodynamic devices shall use the following generic geometries:

(a) a 4x2 tractor generic geometry;

(b) a 4x2 tractor generic geometry for volume oriented semi-trailers;

(c) a 4x2 rigid lorry generic geometry;

(d) a 6x2 rigid lorry generic geometry;

(e) a semi-trailer generic geometry;

(f) a volume oriented semi-trailer generic geometry;

(g) a drawbar trailer generic geometry;

(h) a volume oriented drawbar trailer generic geometry;

(i) a centre-axle trailer generic geometry;

(j) a volume oriented centre-axle trailer generic geometry;

(k) a rear flap generic geometry;

(l) semi-trailer side covers generic geometry.

Article 15

Family concept for aerodynamic devices using certified values

The CO2 emissions and fuel consumption related properties of the aerodynamic device referred to in the first subparagraph shall be determined in accordance with Annex V, Point 3.

Article 16

Application for a certification of the CO2 emissions and fuel consumption related properties of aerodynamic devices and their families

The application for certification referred to in paragraph 1 shall take the form of the template set out in Annex V, Appendix 2.

That application shall be accompanied by all of the following:

(a) an explanation of the elements of design of the aerodynamic device which have a non-negligible effect on the CO2 emissions, fuel and energy consumption related properties of the aerodynamic device;

(b) the validation report as specified in Annex V, Point 3;

(c) the technical report including the computer simulation results as specified in Annex V, Point 3;

(d) a documentation package for the correct installation of the aerodynamic device;

(e) a statement of compliance issued pursuant to Annex IV, Point 2 to Regulation (EU) 2018/858.

Article 17

Certification of CO2 emissions and fuel consumption related properties of aerodynamic devices

Approval authorities shall not assign the same certification number to another family of aerodynamic devices. The certification number shall be the identifier of the technical report.

Article 18

Extension to include an aerodynamic device into a family of aerodynamic devices

Manufacturers of the aerodynamic devices concerned shall modify the information document referred to in Article 16(2) accordingly and provide that document to the approval authority.

Article 19

Changes relevant for the certification of CO2 emissions and fuel consumption related properties of aerodynamic devices

Where manufacturers of aerodynamic devices do not apply for a new certification or a revision within that deadline, or where the application is rejected, the approval authorities shall withdraw the certificate.

CHAPTER VI

CONFORMITY OF SIMULATION TOOL OPERATION, INPUT INFORMATION AND INPUT DATA

Article 20

Responsibilities of the vehicle manufacturer, the approval authority and the Commission with regard to the conformity of simulation tool operation

Approval authorities may carry out the assessment more than once per year, but not more than four times a year, where they consider such assessments justified.

Article 21

Remedial measures for the conformity of simulation tool operation

Approval authorities may require vehicle manufacturers to issue a new manufacturer's records file, customer information file, individual approval certificate and certificate of conformity on the basis of a new assessment of the performance of the vehicle with regard to its influence on the CO2 emissions and fuel consumption reflecting the changes implemented in accordance with the approved plan of remedial measures referred to in paragraph 1.

Article 22

Responsibilities of the manufacturer and of the approval authority with regard to the conformity of CO2 emissions and fuel consumption related properties of the aerodynamic devices

Manufacturers of aerodynamic devices shall take the necessary measures in accordance with Annex IV, Point 3 to Regulation (EU) 2018/858 to ensure that the CO2 emissions and fuel consumption related properties of the aerodynamic devices referred to in Article 11(1), point (a), which have been the subject of certification in accordance with Article 17, do not deviate from the certified values.

Article 23

Remedial measures for the conformity of CO2 emissions and fuel consumption related properties of aerodynamic devices

Approval authorities may require vehicle manufacturers who installed the aerodynamic devices concerned in their vehicles to issue a new manufacturer's records file, customers information file, individual vehicle approval certificate and certificate of conformity on the basis of the CO2 emissions and fuel consumption related properties of those aerodynamic devices obtained by means of the measures referred to in Article 22.

CHAPTER VII

FINAL PROVISIONS

Article 24

Transitional provisions

Without prejudice to Article 9(3), where the obligations referred to in Article 8 have not been complied with, Member States shall prohibit the registration, sale or entry into service of vehicles that belong to vehicle groups for which the first two digits are 11, 12, 13, 42, 43, 61, 62 and 63 as from 1 July 2024.

Article 25

Amendments to Implementing Regulation (EU) 2020/683

Annexes I, II, III and VIII to Implementing Regulation (EU) 2020/683 are amended in accordance with Annex VI to this Regulation.

Article 26

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 8(4) shall, however, apply from 1 January 2024.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

1. Definitions

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

(1) ‘soft shell box body’ means a box shaped bodywork where at least the two sides of the body are covered by tarpaulin entirely or between the upper edge of the hinged side panels and the roof of the superstructure, and for which the digits used to supplement the codes of bodywork are 32, or 06.

(2) ‘hard shell box body’ means a box shaped bodywork for which the digits used to supplement the codes of bodywork are 03 or 05.

(3) ‘refrigerated box body’ means a box shaped bodywork for which the digits used to supplement the codes of bodywork are 04.

(4) ‘internal height of the body’ means the internal height of the body dimension without taking into account internal projections (including wheel boxes, ribs and hooks) as defined in point 6.15 of Standard ISO 612:1978. If the roof is curved, the dimension shall be measured between the horizontal planes tangential to the apices of the curved surface, the dimension being measured inside the body.

(5) ‘internal length of the body’ means the internal length of the body dimension without taking into account internal projections (including wheelboxes, ribs and hooks) as defined in point 6.15 of Standard ISO 612:1978. If the front or rear wall is curved, the dimension shall be measured between the vertical planes tangential to the apices of the curved surface(s), the dimension being measured inside the body.

(6) ‘volume orientation’ means that the trailer is primarily designed for the transport of voluminous goods and has an internal height of not less than 2,9 meters: (a) in the case of semi-trailers, measured from the landing gear to the end of the loading area; (b) in the case of drawbar trailers, and centre-axle trailers, measured along the entire length of the loading area.

2. Classification of vehicles in vehicle groups