Commission Regulation (EU) 2022/1379 of 5 July 2022 amending Regulation (EU) 2017/2400 as regards the determination of the CO2 emissions and fuel consumption of medium and heavy lorries and heavy buses and to introduce electric vehicles and other new technologies (Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information (1), and in particular Article 4(3) and Article 5(4), point (e), thereof,

Whereas:

(1) Commission Regulation (EU) 2017/2400 (2) introduces a common method to objectively compare the performance of heavy-duty vehicles placed on the Union market as regards their CO2 emissions and fuel consumption. It lays down provisions for the certification of components with an impact on CO2 emissions and fuel consumption of heavy-duty vehicles, introduces a simulation tool for the purpose of determining and declaring CO2 emissions and fuel consumption of those vehicles, and lays down, inter alia, requirements for Member States’ authorities and manufacturers to verify the conformity of the certification of the components and the conformity of the simulation tool operation.

(2) Regulation (EU) 2018/858 of the European Parliament and of the Council (3) has moved the rules on access to vehicle on-board diagnostic information and vehicle repair and maintenance information from Regulation (EC) No 595/2009. In order to align the wording of Regulation (EU) 2017/2400 to the changed wording of Regulation (EC) No 595/2009, the references to on-board diagnostic information and vehicle repair and maintenance information need to be removed from Regulation (EU) 2017/2400.

(3) Regulation (EU) 2017/2400 determines CO2 emissions and fuel consumption of heavy lorries. However, in order to provide a better view on CO2 emissions, CO2 emissions of more vehicles need to be calculated. It is therefore necessary to determine CO2 emissions and fuel consumption of other heavy duty vehicles, namely medium lorries and heavy buses.

(4) To appropriately cover future technologies, it is necessary to specify additional requirements for new technologies such as hybrid and pure electric vehicles, dual-fuel vehicles, waste heat recovery and advanced driver assistance systems.

(5) As the on-road verification testing procedure has proved to be an important tool for the verification of calculations of CO2 emissions and fuel consumption, it is appropriate for it to apply for medium lorries and new technologies. However, due to the complexities of the multi-stage production and approval system that applies for heavy buses, it is not possible at this moment to have the on-road verification testing procedure extended to them.

(6) Some definitions and requirements in Regulation (EU) 2017/2400 need further clarification and corrections, including further alignment to the CO2 emission performance standards for new heavy-duty vehicles laid down in Regulation (EU) 2019/1242 of the European Parliament and of the Council (4).

(7) In order to provide Member States, national authorities and economic operators with sufficient time to prepare for the application of the rules introduced by this Regulation, the date of application of this Regulation should be deferred.

(8) As certain manufacturers may prefer to meet the requirements set out in this Regulation before its date of application, they should have the possibility to obtain a licence to operate the simulation tool and receive a certification for components in accordance with the rules introduced by this Regulation before its date of application.

(9) For certain groups of vehicles and certain technologies the simulation tool required for the obligation to determine and declare CO2 emissions and fuel consumption of new vehicles, will only be available after the general application date of this Regulation. In these cases the requirements can only be required from the moment of availability of the simulation tool. This is why some provisions of this Regulation shall only apply from a later date.

(10) The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2017/2400 is amended as follows:

(1) Articles 1 and 2 are replaced by the following: ‘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 (*1)  Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).’;"

(3) Article 4 is replaced by the following: ‘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.’;

(4) in Article 5(3), the first sentence is replaced by the following: ‘The simulation tool shall be used for the purposes of determining CO2 emissions and fuel consumption of new vehicles.’;

(5) in Article 5, paragraph 5 is replaced by the following: ‘5.   The hashing tools shall be used for establishing an unequivocal association between the certified CO2 emission and fuel consumption related properties of a component, separate technical unit or system and its certification document, as well as for establishing an unequivocal association between a vehicle and its manufacturer’s records file, vehicle information file and customer information file as referred to in Annex IV.’;

(6) in Chapter 2, the title is replaced by the following: ‘LICENCE TO OPERATE THE SIMULATION TOOL FOR THE PURPOSES OF TYPE-APPROVAL WITH REGARD TO EMISSIONS’;

(8) Article 7(1) is replaced by the following: ‘1.   The approval authority shall grant the licence if the vehicle manufacturer submits an application in accordance with Article 6 and proves that the requirements laid down in Annex II are met with respect to the application case concerned.’;

(11) in Article 10(3), the following subparagraph is added: ‘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.’;

(12) in Article 11, paragraphs 1 and 2 are replaced by the following: ‘1.   The manufacturer’s records file, the vehicle information file and the certificates on CO2 emissions and fuel consumption related properties of the components, systems and separate technical units shall be stored by the vehicle manufacturer for at least 20 years after the production of the vehicle and shall be available, upon request, to the approval authority and to the Commission.

(25) Annex I is replaced by the text in Annex I to this Regulation;

(26) Annex II is amended as set out in Annex II to this Regulation;

(27) Annex III is replaced by the text in Annex III to this Regulation;

(28) Annex IV is replaced by the text in Annex IV to this Regulation;

(29) Annex V is amended as set out in Annex V to this Regulation;

(30) Annex VI is amended as set out in Annex VI to this Regulation;

(31) Annex VII is amended as set out in Annex VII to this Regulation;

(32) Annex VIII is amended as set out in Annex VIII to this Regulation;

(33) Annex IX is replaced by the text in Annex IX to this Regulation;

(34) Annex X is amended as set out in Annex X to this Regulation;

(35) Annex Xa is replaced by the text in Annex XI to this Regulation;

(36) the text in Annex XII to this Regulation is inserted as Annex Xb.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 3

This Regulation shall apply from 1 July 2022.

Notwithstanding the first paragraph of this Article, for the determination of CO2 emissions and fuel consumption of vehicles in groups 1, 2, 3, 4, 5, 9, 10, 4v, 5v, 9v, 10v, 11, 12, and 16 defined in Annex I, Table 1, other than ZE-HDVs, He-HDVs, dual-fuel vehicles and vehicles, the engine of which has been certified with a waste heat recovery system, according to Article 9(1) of Regulation (EU) 2017/2400, this Regulation shall apply as of 1 January 2024.

Notwithstanding the first paragraph of this Article, Article 1, point (35), shall apply as of 1 January 2023.

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

Done at Brussels, 5 July 2022.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 188, 18.7.2009, p. 1.

(2) 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 (OJ L 349, 29.12.2017, p. 1).

(3) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

(4) 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 (OJ L 198, 25.7.2019, p. 202).