LegalizeCommission Implementing Regulation (EU) 2023/2866 of 15 December 2023 implementing Regulation (EU) 2019/631 of the European Parliament and of the Council by determining the procedures for performing the verification of the CO2 emission and fuel consumption values of passenger cars and light commercial vehicles in-service (in-service verification)
Article 1
Subject matter and scope
This Regulation does not apply to the following:
(a) vehicles which are exempted from measurement of CO2 emissions;
(b) manufacturers which, together with all of their connected undertakings, have been responsible for fewer than 1 000 new passenger cars or for fewer than 1 000 new light commercial vehicles registered in the Union in the calendar year two years before the calendar year in which in-service verification families are selected in accordance with Article 3.
Article 2
Definitions
For the purpose of this Regulation, the definitions in Article 2 of Regulation (EU) 2017/1151 (1), Article 3 of Regulation (EU) 2019/631, paragraph 3 of UN Regulation No 154 and Article 2 of Commission Delegated Regulation (EU) 2023/2867 (2) shall apply.
In addition, the following definitions shall apply:
(1) ‘deviation in the CO2 emission values’ means where the CO2 emissions of vehicles in-service are higher than the specific emissions of CO2 recorded in the certificates of conformity, taking into account the statistical evaluation of the tests in accordance with Annex I;
(2) ‘chassis dynamometer test’ means a chassis dynamometer test in accordance with Annex B6 and Annex B8 to UN Regulation No 154, which is performed on a vehicle in-service;
(3) ‘road load test’ means a road load test in accordance with Annex B4 to UN Regulation No 154, which is performed on a vehicle in-service;
(4) ‘artificial strategies test’ means a dedicated test performed on a vehicle in-service, to verify whether artificial strategies are present;
(5) ‘vehicle high of the in-service verification family’ means the vehicle high of any of the interpolation families included in the in-service verification family that has the highest declared CO2 emission value.
Article 3
Selection of in-service verification families
When selecting in-service verification families in accordance with Article 3 of Delegated Regulation (EU) 2023/2867, the granting type-approval authority shall:
(a) include all in-service verification families for which in the preceding 12 months it has received evidence from the Commission, a type-approval authority, a market surveillance authority or a third party complying with the requirements of Commission Implementing Regulation (EU) 2022/163 (3), indicating the presence of a deviation in the CO2 emission values;
(b) select further in-service verification families on the basis of the assessment by the Commission of the risk that those families may include vehicles with a deviation in the CO2 emission values, as reported in accordance with paragraph 3.
When performing the assessment referred to in paragraph 2, point (b), the Commission shall take into account at least the following elements, when available:
(a) the total number of new vehicles from the in-service verification family that have been placed on the Union market;
(b) in-service verification families with similar technical characteristics but with lower CO2 emission or fuel consumption values, identified using the data collected pursuant to Article 14 of Commission Implementing Regulation (EU) 2021/392 (4);
(c) the results of previous in-service verifications, and in particular the findings related to the presence of artificial strategies;
(d) relevant information from in-service conformity tests pursuant to Regulation (EU) 2017/1151;
(e) real-world data as defined in Article 2(c) of Implementing Regulation (EU) 2021/392.
Article 4
Type and number of in-service verification tests
For each in-service verification family selected in a given calendar year in accordance with Article 3, the granting type-approval authority shall undertake in that year at least one of the following tests on the vehicles selected, ensuring the following distribution:
(a) chassis dynamometer tests for at least 75 % of the in-service verification families selected;
(b) road load tests for at least 50 % of the in-service verification families selected, excluding in-service verification families for which the default road load calculation method has been applied for type-approval;
(c) artificial strategies tests for at least 25 % of the in-service verification families selected.
For each in-service verification family selected, the following number of vehicles shall be tested:
(a) for chassis dynamometer and road load tests: between 3 and 10 vehicles in accordance with the method described in Annex I;
(b) for artificial strategies tests: at least 1 vehicle.
The granting type-approval authority may decide to include in-service verification test results performed by the Commission, another type-approval authority, a market surveillance authority or a third party complying with the requirements of Implementing Regulation (EU) 2022/163, in the statistical method described in Annex I if all of the following conditions are met:
(a) the granting type-approval authority is informed of upcoming testing in order to allow the granting type-approval authority to observe the testing;
(b) all results of the in-service verification testing are reported to the granting type-approval authority within 5 days from each test.
Article 5
Selection of individual test vehicles
The granting type-approval authority shall select test vehicles that, at the time of selection, meet all of the following criteria:
(a) they have a mileage between 3 000 km and 40 000 km;
(b) they are not older than two years counted from the date of their first registration.
Notwithstanding paragraph 1, where a granting type-approval authority is not able to select a sufficient number of vehicles meeting those criteria, the granting type-approval authority may select test vehicles that, at the time of selection, meet all of the following criteria:
(a) they have a mileage between 3 000 km and 100 000 km;
(b) they are not older than five years counted from the date of their first registration.
Article 6
Test conditions for chassis dynamometer tests
In the case of bi-fuelled vehicles running on petrol and liquefied petroleum gas or on petrol and compressed natural gas, and in the case of flex-fuel vehicles using petrol and ethanol (E85) fuel, the chassis dynamometer test shall be performed on the fuel for which Member States have to report the CO2 emissions value as set out in point 2a of Part A of Annex II to Regulation (EU) 2019/631 or in point 2a of Part A of Annex III to Regulation (EU) 2019/631.
Article 7
Chassis dynamometer test result of an individual test vehicle
For the calculation of the Ki, KCO2 and ATCT family correction factors referred to in Annex B6, B7 and B8 to UN Regulation No 154, the granting type-approval authority shall do any of the following:
(a) apply the Ki, KCO2 and ATCT family correction factors which were used for type-approval;
(b) calculate the Ki, KCO2 and ATCT family correction factors based on tests performed on the vehicle selected for the in-service verification test following the procedures described in Annex B6, B7 and B8 to UN Regulation No 154.
In addition, the granting type-approval authority shall determine the equivalent all electric range and CO2 emission value calculated from the chassis dynamometer test in charge depleting mode according to Annex B8 to UN Regulation No 154, taking into account the correction factors referred to in paragraph 1.
The test report shall include the ratio of the weighted combined CO2 emission value calculated from the chassis dynamometer tests, taking into account the correction factors referred to in paragraph 1, to the weighted combined CO2 emission value recorded in entry 49 of the certificate of conformity of that vehicle, as well as information on the deterioration of the traction battery over time and the equivalent all electric range.
Article 8
Statistical evaluation of chassis dynamometer test results and calculation of the size of the deviation
where:
— CO2 VH is the declared CO2 emission value of the vehicle high of the in-service verification family [g/km] or, for OVC-HEV, the CO2 emission value in charge sustaining mode of the vehicle high of the in-service verification family [g/km];
— average (CO2 ratio) is as defined in Annex I.
Article 9
Test conditions for road load tests
The granting type-approval authority shall ensure that the tyres of a vehicle selected for a road load test meet all of the following conditions:
(a) they belong to the same energy efficiency class as recorded in the certificate of conformity;
(b) they fulfil the criteria laid out in paragraph 4.2.2.2 of Annex B4 to UN Regulation No 154.
As an alternative to condition (a), the granting type-approval authority may apply a correction to the road load coefficient f0 as set out in Annex III. The f0, measured, corrected shall then be considered as the f0 determined during the road load test.
Article 10
Road load test result of an individual test vehicle
Article 11
Statistical evaluation of road load test results and calculation of the size of the deviation
where:
— CO2 VH is the declared CO2 emission value of the vehicle high of the in-service verification family [g/km] or, for OVC-HEV, the CO2 emission value in charge sustaining mode of the vehicle high of the in-service verification family [g/km];
— average (CO2 ratio) is as defined in Annex I.
Article 12
Test conditions for artificial strategies tests
The granting type-approval authority shall verify the presence of artificial strategies in the test vehicle selected in accordance with Article 4 by means of the following tests:
(a) a chassis dynamometer test;
(b) a chassis dynamometer test as set out in Annex B6 to UN Regulation No 154 with the test phases performed in a different order, or any other test for which the testing conditions do not lead to a significant change in the physical response of the vehicle and/or any of its sub-systems without artificial strategies;
(c) an on-road Real Driving Emission test as set out in Annex IIIA to Regulation (EU) 2017/1151 or any other on-road test that might indicate whether an artificial strategy is present;
(d) a chassis-dynamometer test with the aim to replicate the on-road test performed according to point (c).
Article 13
Evaluation of artificial strategies test results and calculation of the size of the deviation
The granting type-approval authority shall evaluate the results of the tests performed in accordance with Article 12 to assess the risk of artificial strategies being present in the test vehicle, by comparing the following:
(a) the CO2 emission values from the test referred to in Article 12(b) with those values from the test referred to in Article 12(a);
(b) the CO2 emission values, divided by the cycle energy demand, from the test referred to in Article 12(c) with those values from the test referred to in Article 12(a);
(c) the CO2 emission values, divided by the cycle energy demand, from the test referred to in Article 12(d) with those values from the test referred to in Article 12(c).
Article 14
Test report
The granting type-approval authority shall include in the test reports referred to in Article 5(1) of Delegated Regulation (EU) 2023/2867, at least the following information for each in-service verification family tested and for each type of test:
(a) the type of test performed;
(b) the vehicle checklist;
(c) the test conditions;
(d) the test results of each of the individual test vehicles;
(e) the statistical evaluation of the test results;
(f) if applicable, the calculation of the size of the deviation;
(g) in case of an artificial strategies test: the criteria used for evaluating the test results.
Within 20 working days of finishing the tests, the test report shall be made available to the manufacturer of the vehicles concerned and the test report together with the following data for each of the individual test vehicles shall be uploaded in an encrypted format to a dedicated Commission server:
(a) for each chassis dynamometer test and artificial strategies test performed, the data specified in point (1) of Annex V;
(b) for each road load test performed, the data specified in point (2) of Annex V.
The data and parameters specified in points (a) and (b) shall not be published.
Where all data have been correctly uploaded for all tested vehicles of the in-service verification family, a receipt shall be sent from the Commission server to the uploading entity.
Article 15
Conclusions of the granting type-approval authority
In the absence of a reaction, the manufacturer shall be considered to have accepted the results of the in-service verification.
The granting type-approval authority shall transmit its conclusion to the manufacturer concerned and to the Commission at the latest 40 working days after informing the manufacturer according to paragraph 2.
The granting type-approval authority’s conclusions referred to in paragraph 3 shall, as a minimum, include the following:
(a) where the granting type-approval authority finds that there is no lack of correspondence between the CO2 emission values concerned, or cannot establish the presence of artificial strategies: (i) the in-service verification family, vehicle interpolation families and, where its findings are based on road load test results, the road load family concerned; (ii) the grounds for its findings that the deviations found as a result of the in-service verification do not lead to a lack of correspondence;
(b) where the granting type-approval authority establishes a lack of correspondence between the CO2 emission values concerned or the presence of artificial strategies: (i) the in-service verification family, vehicle interpolation families and, where its findings are based on road load test results, the road load family concerned; (ii) the size of the deviation in the CO2 emission values; (iii) where applicable, the artificial strategies identified.
Article 16
Correction of the average specific emissions of CO2 of a manufacturer
Article 17
Review
The Commission shall by end of 2026 assess the need to increase the minimum number of in-service verification families to be selected each year according to Article 3(1) considering, in particular, the following:
(a) the total number of in-service verification families for which the granting type-approval authority has issued emissions type-approvals in the preceding years;
(b) the number of vehicles tested for each in-service verification family in accordance with Article 4;
(c) the availability of testing facilities and forecast of the evolution of such availability.
Article 18
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Statistical evaluation of chassis dynamometer and road load test results
(1) Starting point
The starting point for the statistical evaluation are the values for CO2 ratio calculated for 3 individual test vehicles (N = 3) according to paragraphs 2 and 3 of Article 7 for chassis dynamometer test results and according to paragraph 4 of Article 10 for road load test results.
The criteria set out under point (2) determine if additional vehicles need to be tested.
(2) Statistical parameters
For the total number of vehicles tested (N), the average (Xtests) and the standard deviation (s) of the test results shall be determined:
and
where
x i is the value CO2 ratio calculated for the individual test vehicle i according to paragraphs 2 and 3 of Article 7 for chassis dynamometer test results and according to paragraph 4 of Article 10 for road load test results.
(3) Evaluation
For the 3 vehicles initially tested and after each additional vehicle tested, the value Xtests shall be assessed as set out below in order to reach one of the following conclusions for the in-service verification family or road load family concerned:
where:
tP and tF are as set out in the below table
s is the standard deviation determined in accordance with point (2)
A is 1,02 for chassis dynamometer test results;
A is 1,03 for road load test results;
A is 1,08 for road load test results for families tested in the years 2024 or 2025.
| Number of vehicles tested | tP | tF |
|---|---|---|
| 3 | 2,2655 | Highest value of 1,1062 and (0,02 /s) (1) |
| 4 | 1,5093 | 0,5970 |
| 5 | 1,1230 | 0,3737 |
| 6 | 0,8196 | 0,2430 |
| 7 | 0,5944 | 0,1548 |
| 8 | 0,3866 | 0,0902 |
| 9 | 0,1873 | 0,0402 |
| 10 | 0,0000 | 0,0000 |
| (1) Where s is the standard deviation determined in accordance with point (2 ). |
(4) Calculation of the size of the deviation
For the calculation of the size of the deviation, the average (CO2 ratio) is defined as Xtests for the total number of vehicles tested, after the family has failed according to point (3):
average (CO2 ratio) = X tests
ANNEX II
Checklist for vehicles selected for in-service verification tests
‘Exclusion criteria’ means that if the condition described is met (reply to the question is ‘yes’), the vehicle cannot be selected for in-service verification tests.
‘Confidential’ means that this information shall be kept as appropriate by the granting type-approval authority, but not be included in the test report submitted to the Commission.
(1) Vehicle Characteristics
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