Commission Delegated Regulation (EU) 2023/2867 of 5 October 2023 supplementing Regulation (EU) 2019/631 of the European Parliament and of the Council by setting out the guiding principles and criteria for defining the procedures for the verification of the CO2 emissions and fuel consumption values of passenger cars and light commercial vehicles in-service (in-service verification)

Article 1

Subject and scope

This Regulation does not apply to the following:

(a) vehicles which are exempt 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(1).

Article 2

Definitions

For the purposes of this Regulation, the definitions in Article 2 of Commission Regulation (EU) 2017/1151 (¹), and Article 3 of Regulation (EU) 2019/631 shall apply.

The following definitions shall also apply:

(1) ‘granting type-approval authority’ means the type-approval authority that granted the emission type-approval in accordance with Regulation (EC) No 715/2007 of the European Parliament and of the Council (²), or where applicable, in accordance with Regulation (EC) No 595/2009 of the European Parliament and of the Council (³);

(2) ‘in-service verification family’ means all M1 or N1 vehicles, for which one type-approval authority granted the emission type-approval in accordance with Regulation (EC) No 715/2007 or, where applicable, Regulation (EC) No 595/2009 on the basis of the same Type 1 test as set out in Annex XXI to Regulation (EU) 2017/1151 for ‘vehicle high’ or ‘vehicle low’;

(3) ‘road load family’ means road load family or road load matrix family as defined in paragraphs 6.3.3. and 6.3.4. of UN Regulation No 154; in case of N1 vehicles type-approved according to Regulation (EC) No 595/2009, a road load family consists of all vehicles of the in-service verification family concerned;

(4) ‘artificial strategies’ means strategies on board or relating to the sampled vehicles that artificially improve the vehicle’s performance in the tests performed for the purpose of type-approval.

Article 3

Selection of in-service verification families

Each granting type-approval authority shall annually select a sample of in-service verification families for which it has issued emissions type-approvals. The selection shall include at least one in-service verification family per manufacturer for which the granting type-approval authority has issued emissions type-approvals in the three calendar years preceding the in-service verification.

Article 4

In-service verification tests

The granting type-approval authority shall verify that the specific CO2 emission and fuel consumption values recorded in the certificates of conformity of vehicles selected in accordance with paragraph 1 correspond to the CO2 emissions from, and fuel consumption of, vehicles in-service and whether artificial strategies are present, by means of any of the following tests:

(a) for a number of vehicles determined on the basis of a statistical evaluation method: chassis dynamometer tests in accordance with Annex B6 and Annex B8 of UN Regulation No 154;

(b) for a number of vehicles determined on the basis of a statistical evaluation method and belonging to one road load family: road-load tests in accordance with Annex B4 of UN Regulation No 154;

(c) for an adequate number of vehicles: dedicated tests using virtual or physical testing methods.

Article 5

Documentation, duty to inform and conclusion of the granting type-approval authority

Article 6

Funding of the in-service verifications

The granting type-approval authority shall ensure that sufficient resources are available to cover the costs for the in-service verification. Those costs shall be recovered by fees that can be levied on the manufacturer by the granting type-approval authority. The fees shall cover the steps of the in-service verification needed in order for the granting type-approval authority to come to a conclusion as referred to in Article 5(2).

Article 7

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.