Regulation (EU) 2024/1257 of the European Parliament and of the Council of 24 April 2024 on type-approval of motor vehicles and engines and of systems, components and separate technical units intended for such vehicles, with respect to their emissions and battery durability (Euro 7), amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 715/2007 and (EC) No 595/2009 of the European Parliament and of the Council, Commission Regulation (EU) No 582/2011, Commission Regulation (EU) 2017/1151, Commission Regulation (EU) 2017/2400 and Commission Implementing Regulation (EU) 2022/1362 (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) Decision (EU) 2022/591 of the European Parliament and of the Council (3) on a General Union Environment Action Programme to 2030 lays down, as one of the Union’s six thematic objectives for the period up to 31 December 2030, the pursuit of zero pollution, including in relation to harmful chemicals, in order to achieve a toxic-free environment, including for air, water and soil, as well as in relation to light and noise pollution, and the protection of the health and well-being of people, animals and ecosystems from environment-related risks and negative impacts.

(2) The European Green Deal, adopted in a communication by the Commission on 11 December 2019, is the Union’s strategy to initiate a transition aiming to achieve, by 2050 at the latest, a climate-neutral, clean and circular economy, optimising resource management and minimising pollution while recognising the need for deeply transformative policies. The Union is also committed to the United Nations’ (UN) 2030 Agenda for Sustainable Development and its Sustainable Development Goals. The Sustainable and Smart Mobility Strategy adopted by the Commission in December 2020 and the EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’ adopted by the Commission in May 2021 specifically address transport pollution aspects of the European Green Deal. Other particularly relevant measures for that initiative include, for example, the proposal for a recast of Directive 2008/50/EC of the European Parliament and of the Council (4), the New Industrial Strategy for Europe presented by the Commission in March 2020, the revision by Regulation (EU) 2023/851 of the European Parliament and of the Council (5) of CO2 emission performance standards for cars and vans set out in Regulation (EU) 2019/631 of the European Parliament and of the Council (6) and the proposal for a revision of CO2 emission performance standards for new heavy-duty vehicles set out in Regulation (EU) 2019/1242 of the European Parliament and of the Council (7).

(3) The internal market is an area in which the free movement of goods, persons, services and capital is to be ensured. To that end, Regulation (EU) 2018/858 of the European Parliament and of the Council (8) introduced a comprehensive type-approval and market surveillance system for motor vehicles and trailers, and for systems, components and separate technical units intended for such vehicles.

(4) The technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to emissions (‘emission type-approval’) should remain harmonised to ensure the proper functioning of the internal market, as well as a high level of environmental and health protection in all Member States.

(5) A successful transition to zero-emission mobility requires an integrated approach and the right enabling environment to stimulate innovation and maintain the Union’s technological leadership in the road transport sector. Such an environment includes public and private investments in research and innovation, the increasing supply of zero- and low-emission vehicles, the roll-out of recharging and refuelling infrastructure, integration into the energy systems, as well as the sustainable materials supply and sustainable production, re-use and recycling of batteries in the Union. The establishment of such an environment requires coherent action at Union, national, regional and local levels.

(6) In order to support the transition towards clean mobility while reindustrialising the Union and supporting its citizens, it is essential to keep the prices of private and commercial vehicles affordable for individuals and businesses. This would help maintain quality of life, industrial competitiveness and innovation, and support job creation and skill development in the sector.

(7) A socially acceptable and just transition towards zero-emission mobility should be ensured. It is important, therefore, to take into account the social effects of such a transition throughout the whole automotive value chain and to proactively address the implications on employment. Targeted programmes at Union, national and regional levels, such as the development of just transition plans for automotive-dependent regions are to be established in the framework of the Just Transition Mechanism for the reskilling, upskilling and redeployment of workers, as well as education and job-seeking initiatives in adversely affected communities and regions, in close dialogue with social partners and competent authorities. As part of that transition, it is necessary to strengthen women’s employment, as well as equal opportunities in that sector.

(8) This Regulation is a separate regulatory act for the purposes of the EU type-approval procedure laid down in Annex II to Regulation (EU) 2018/858. The administrative provisions of Regulation (EU) 2018/858, including the provisions on penalties, as well as its robust compliance enforcement mechanism, are fully applicable.

(9) Substantiated complaints submitted by natural or legal persons can constitute an important source of information for both market-surveillance authorities and approval authorities. In that context, the establishment of straightforward and proportionate processes that allow natural and legal persons to submit substantiated complaints to the respective authorities where they have reason to believe that this Regulation is not complied with can contribute to the application and enforcement of this Regulation. Those complaints should be considered by national authorities as a risk factor in decisions on market surveillance or in-service conformity activities.

(10) This Regulation should lay down common administrative provisions and requirements on emissions from vehicles and battery durability, whereas the technical elements should be laid down in implementing acts adopted in accordance with the examination procedure.

(11) The technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to emissions are currently set out in two Regulations that apply to emission type-approval for light-duty and heavy-duty vehicles respectively, namely Regulation (EC) No 715/2007 of the European Parliament and of the Council (9) and Regulation (EC) No 595/2009 of the European Parliament and of the Council (10).

(12) Incorporating the requirements laid down in Regulations (EC) No 715/2007 and (EC) Nó 595/2009 into a single Regulation would ensure internal coherence of the system of emission type-approvals for both light and heavy-duty vehicles, while allowing for different emission limits and testing procedures for such vehicles.

(13) Furthermore, the current emission limits for heavy-duty vehicles were adopted in 2009 on the basis of the available technology at that time. Since then, technology has advanced and the level of emissions achievable with a combination of current technologies is much lower than that achievable more than 15 years ago. That technological progress should be reflected in emission limits based on existing state-of-the-art technology and knowledge of pollution controls and for all relevant pollutants.

(14) In the Union, particle number (PN) exhaust emissions of solid particles larger than 23 nanometres (PN23) have been controlled since 2011 for light-duty vehicles and since 2013 for heavy-duty vehicles. Considering that existing technologies and the UN Global Technical Regulation No 15 allow the measurement of particle number emissions down to 10 nanometres (PN10), it is appropriate to apply the particle limits to PN10 for all vehicles covered by this Regulation. Setting specific limits for PN10 emissions for the first time will provide an impetus towards the global harmonisation of enhanced PN emissions control and measurement and the Union should encourage the UN World Forum for the Harmonization of Vehicle Regulations (UN WP.29) to align the relevant UN vehicle regulations accordingly.

(15) Simplification could be achieved by eliminating tests which are not needed, by referring to standards under existing UN Regulations where applicable, and by ensuring a consistent set of procedures and tests for the various phases of the emission type-approval.

(16) In order to ensure that the emissions for both light- and heavy-duty vehicles are limited in the real world, testing vehicles in real driving conditions, which are statistically relevant, with a minimum set of restrictions, boundaries and other driving requirements, is necessary. Such on-road testing should be based on normal driving and exclude biased driving.

(17) Regulations (EC) No 715/2007 and (EC) No 595/2009 require that vehicles respect the emission limits for a specified period of time, which does not correspond to the average lifetime of vehicles. It is therefore appropriate to lay down durability requirements that reflect the average expected lifetime of vehicles in the Union.

(18) Member States are encouraged to develop and implement strategies for incentivising fleet renewal, with the aim of facilitating a progressive transition of the fleet towards vehicles with reduced emissions, contributing to a cleaner and more sustainable transport ecosystem.

(19) There are technologies that are now available and widely used across the world limiting evaporative emissions of volatile organic compounds during the use and parking of a vehicle with petrol fuel. It is therefore appropriate to set the emission limits for such volatile organic compounds at a lower level.

(20) Non-exhaust emissions consist of particles emitted by tyres and brakes of vehicles. Emissions from tyres are estimated to be the largest source of microplastics released into the environment. As shown in the impact assessment accompanying the proposal for this Regulation, it is expected that by 2050 non-exhaust emissions will constitute up to 90 % of all particles emitted by road transport, because exhaust particles will diminish due to vehicle electrification. Those non-exhaust emissions should therefore be measured and limited. The Commission should encourage the work of UN WP.29 in order to achieve its objectives in a timely manner, reflecting a high level of ambition based on solid scientific and technical grounds, and to define abrasion limits on the basis of state-of-the-art methods. In the event that uniform provisions on tyre abrasion limits have not been adopted by UN WP.29 by 1 July 2026 for C1 class tyres, 1 April 2028 for C2 class tyres or 1 April 2030 for C3 class tyres, the Commission should adopt a delegated act aimed at reaching the Union’s objective to reduce microplastics released into the environment by 30 % by 2030 and based on state-of-the-art abrasion limits. Specific characteristics of vehicles with traction batteries, including plug-in hybrids and battery electric vehicles should be evaluated during the preparation of that delegated act.

(21) Regulation (EU) 2019/2144 of the European Parliament and of the Council (11) regulates gear shift indicators (GSI), whose main purpose is to minimise fuel consumption of a vehicle when a driver follows its indications. However, the requirements related to pollutant emissions in the real world, including when following the GSI, should be addressed in this Regulation.

(22) Vehicles with traction batteries, including plug-in hybrids and battery electric vehicles, contribute to the decarbonisation of the road transport sector. In order to gain and increase consumer trust in such vehicles, they should be performant and durable. It is therefore important to require that traction batteries retain a good part of their initial capacity after many years of use. Such a requirement would be of particular importance to buyers of second-hand electric vehicles given that it would ensure that the vehicle would continue to perform as expected. Monitors of the state of health of traction batteries should therefore be required for all vehicles that use traction batteries. In addition, minimum performance requirements for battery durability of passenger cars and light commercial vehicles should be introduced, taking into account UN Global Technical Regulation No 22.

(23) On-board monitoring (OBM) systems and on-board fuel and electric energy consumption monitoring (OBFCM) devices use data generated by the vehicle to monitor compliance with this Regulation. Where appropriate, such data is to be subject to Regulation (EU) 2023/2854 of the European Parliament and of the Council (12).

(24) The tampering of vehicles to remove or deactivate parts of the pollution control systems is a well-known problem. Such practice leads to uncontrolled emissions and, therefore, should be prevented and effective, proportionate and dissuasive penalties should apply. Tampering of the odometer leads to false mileage and hampers the proper in-service control of a vehicle. It is therefore of the utmost importance to guarantee the highest possible security protection of those systems, complete with security certificates and appropriate tampering protection to ensure that neither pollution control systems nor the vehicle odometer can be tampered with.

(25) To prevent anti-tampering measures from unduly hampering competition, this Regulation should maintain the possibility of allowing independent operators to develop, distribute, install and activate aftermarket replacement parts. Therefore, manufacturers should not deny independent operators access to the information, tools and processes that are strictly necessary for the development and installation of such replacement parts. Approval and authorisation of independent operators to access vehicle security features should be granted in accordance with Regulation (EU) 2018/858.

(26) Achieving the Union air quality objectives requires a continuous effort to reduce emissions from vehicles. The use of manipulation devices as well as manipulation strategies should be prohibited under this Regulation. That prohibition is essential to safeguard those objectives. When assessing situations that could involve the use of manipulation devices or manipulation strategies, a broad assessment and interpretation of those situations should be made, in line with the case law of the Court of Justice of the European Union on defeat devices in the context of Regulation (EC) No 715/2007. Any devices or strategies that reduce the effectiveness of exhaust and non-exhaust emission limits and testing condition requirements under this Regulation, that cause a non-compliant vehicle to appear compliant or that falsify test results, should be taken into account when determining whether manipulation devices or manipulation strategies exist. Designing, constructing and assembling vehicles with such manipulation devices or manipulation strategies should be subject to penalties.

(27) Sensors installed on vehicles are already used to detect anomalies on emissions and trigger related repairs through the on-board diagnostic (OBD) system. The OBD system currently in use, however, does not accurately detect the malfunctions in a timely manner and does not sufficiently urge repairs on time. As a result, it is possible that vehicles have much higher pollutant emissions than allowed. The sensors used until now for OBD could also be used to monitor and control the exhaust emission performance of the vehicles on a continuous basis via an OBM system. The OBM system will also warn the user to perform repairs of the engine or the pollution control systems when such repairs are needed. It is therefore appropriate to require that such a system is installed and that its technical requirements are regulated. The measures implied by those systems should not lead to road safety being endangered.

(28) Manufacturers have the choice to produce vehicles which include advanced options such as geofencing. Another option available to manufacturers is to produce ‘Euro 7ext’ vehicles that are vehicles of category N2 between 3,5 and 5 tonnes maximum mass originating from a type of vehicle of category N1, for which an N2 emission type-approval may be granted at the manufacturer’s request if the vehicle meets the requirements for a type of vehicle of category N1. Consumers and national authorities should be able to identify such vehicles through appropriate documentation.

(29) Environmental data about vehicle types should be made available to vehicle users. An Environmental Vehicle Passport (EVP) should therefore be made available for each vehicle. Vehicle users should also have access to up-to-date information about fuel consumption, the state of health of traction batteries, pollutant emissions and other relevant information generated by on-board systems and monitors.

(30) Where the Commission makes a proposal for the registration after 2035 of new light-duty vehicles that run exclusively on CO2 neutral fuels outside the scope of the CO2 fleet standards, and in conformity with Union law and the Union’s climate-neutrality objective, this Regulation will need to be amended to include the possibility to type-approve such vehicles.

(31) Emissions from vehicles sold by small-volume manufacturers constitute an insignificant part of emissions in the Union. Some flexibility should therefore be allowed in respect of some of the requirements for such manufacturers. Small-volume manufacturers should be able to substitute certain tests during type-approval with declarations of compliance, while ultra-small-volume manufacturers should be allowed to use laboratory tests based on random real-driving cycles.

(32) Regulations (EU) 2019/631 and (EU) 2019/1242 regulate the average fleet CO2 emission performance for new motor vehicles in the Union. The procedures and methodologies for the accurate determination of CO2 emissions, fuel and electric energy consumption, electric range and power for individual vehicles should be introduced in emission type-approval, including updating and developing the vehicle energy consumption calculation tool (VECTO) in order to better take into account, among other aspects, the energy efficiency of heavier vehicle combinations.

(33) Whilst the term ‘state of health’ (SOH) is commonly applied to refer to the health of a traction battery at a given point in its life, that term is not commonly defined and is determined through a variety of different methodologies, such as the ‘State of Certified Energy’ and the ‘State of Certified Range’. Both metrics represent a percentage of the certified battery energy or electric range remaining at a given point in time.