Legal provisions of COM(2023)88 - Amendment of Regulation (EU) 2019/1242 as regards strengthening the CO₂ emission performance standards for new heavy-duty vehicles and integrating reporting obligations

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dossier COM(2023)88 - Amendment of Regulation (EU) 2019/1242 as regards strengthening the CO₂ emission performance standards for new heavy-duty ...
document COM(2023)88 EN
date May 14, 2024


Article 1

Amendments to Regulation (EU) 2019/1242

Regulation (EU) 2019/1242 is amended as follows:

(1)Article 1 is replaced by the following:

‘Article 1

Subject matter and objectives

1. This Regulation sets CO2 emissions performance standards for new heavy-duty vehicles. Those standards contribute to achieving the Union’s climate-neutrality objective and the intermediate Union climate targets, as laid down in Regulation (EU) 2021/1119 of the European Parliament and of the Council (*1), Member States’ targets of reducing their greenhouse gas emissions, as laid down in Regulation (EU) 2023/857 of the European Parliament and of the Council (*2), and the objectives of the Paris Agreement, as well as to ensuring the proper functioning of the internal market.

2. This Regulation also lays down requirements for the reporting of CO2 emissions from, and fuel consumption of, new heavy-duty vehicles registered in the Union.

(*1)  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (“European Climate Law”) (OJ L 243, 9.7.2021, p. 1 "

(*2)  Regulation (EU) 2023/857 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement, and Regulation (EU) 2018/1999 (OJ L 111, 26.4.2023, p. 1).’;"

(2)Article 2 is amended as follows:

(a)paragraph 1 is replaced by the following:

‘1.   This Regulation shall apply to new vehicles, which have either been type-approved or approved individually under Regulation (EU) 2018/858 or which are referred to in Article 2(3) of that Regulation, and which belong to any of the following vehicle categories:

(a)M2 and M3;

(b)N1, N2 and N3, provided that the vehicles do not fall under Regulation (EU) 2019/631;

(c)O3 and O4.

For the purposes of this Regulation, the vehicles referred to in points (a), (b) and (c) of the first subparagraph shall be referred to as heavy-duty vehicles. Vehicles falling under point (a) or (b) of the first subparagraph shall be referred to as heavy-duty motor vehicles.

The vehicle categories referred to in this Regulation refer to the vehicle categories as defined in Article 4 of Regulation (EU) 2018/858 and in Annex I thereto.’

;

(b)paragraph 2 is replaced by the following:

‘2.   For the purposes of this Regulation, heavy-duty vehicles shall be considered as new heavy-duty vehicles in a given reporting period, if they are registered in the Union for the first time in that reporting period and have not been previously registered outside the Union.

A previous registration outside the Union that was made less than three months before registration in the Union shall not be taken into account.

This Regulation shall not apply to heavy-duty vehicles that are registered for the first time for a period not exceeding one month and that are registered for the sole purpose of transfer to a country outside the Union.’

;

(3)Article 3 is amended as follows:

(a)point (1) is replaced by the following:

‘(1)“reference CO2 emissions” means the average of the specific CO2 emissions in the reference period of all new heavy-duty vehicles in each of the vehicle sub-groups, determined in accordance with point 3 of Annex I;’

;

(b)the following points are inserted:

‘(3a)“reporting period” means the period from 1 July of a given year to 30 June of the following year;

(3b)“reference period” means the reporting period of a given year with respect to which the regulatory CO2 emissions reduction obligations for a certain vehicle sub-group are specified under this Regulation;’

;

(c)point (5) is replaced by the following:

‘(5)“specific CO2 emissions target” means the CO2 emissions target of an individual manufacturer, determined annually for the preceding reporting period in accordance with point 4 of Annex I;’

;

(d)point (9) is replaced by the following:

‘(9)“vocational vehicle” means a heavy-duty vehicle intended to be used for specific duties which, according to the information in its certificate of conformity, as reported by Member States, fulfils the criteria laid down in point 1.2 of Annex I;’

;

(e)point (10) is replaced by the following:

‘(10)“manufacturer” means the person or body to which the vehicles registered in a given period have been attributed in accordance with Article 7a;’

;

(f)the following point is inserted:

‘(10a)“reporter” means an entity which is responsible for the reporting of data to the Commission;’

;

(g)point (11) is replaced by the following:

‘(11)“zero-emission heavy-duty vehicle” means any of the following vehicles:

(a)a heavy-duty motor vehicle without an internal combustion engine, or with an internal combustion engine that emits not more than 3 g CO2/(tkm) or 1 g CO2/(pkm) as determined in accordance with Article 9 of Regulation (EU) 2017/2400;

(b)a heavy-duty motor vehicle without an internal combustion engine, or with an internal combustion engine that emits not more than 1 g/kWh of CO2 as determined in accordance with Regulation (EC) No 595/2009 and its implementing measures or not more than 1 g/km of CO2 as determined in accordance with Regulation (EC) No 715/2007 of the European Parliament and of the Council (*3) and its implementing measures, provided that no CO2 emissions have been determined pursuant to Regulation (EU) 2017/2400;

(c)a trailer equipped with a device that actively supports its propulsion, and that has no internal combustion engine or has an internal combustion engine that emits less than 1 g CO2/kWh as determined in accordance with Regulation (EC) No 595/2009 and its implementing measures or in accordance with UNECE Regulation (EC) No 49.

(*3)  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).’;"

(h)point (12) is replaced by the following:

‘(12)“low-emission heavy-duty vehicle” means a heavy-duty vehicle, other than a zero-emission heavy-duty vehicle, with specific CO2 emissions of less than half of the reference CO2 emissions of all vehicles in the vehicle sub-group to which the heavy-duty vehicle belongs, as determined in accordance with point 2.3.4 of Annex I;’

;

(i)the following points are added:

‘(16)“primary vehicle” means a primary vehicle as defined in Article 3, point (22), of Regulation (EU) 2017/2400;

(17)“primary vehicle of a heavy-duty vehicle” means a primary vehicle, for the simulation of which a generic body is allocated that corresponds to the actual body of the heavy-duty vehicle with regard to its floor (low/high) deck (single/double) configurations and any other parameters as applicable;

(18)“completed vehicle” means a completed vehicle as defined in Article 3, point (26), of Regulation (EU) 2018/858;

(19)“complete vehicle” means a complete vehicle as defined in Article 3, point (27), of Regulation (EU) 2018/858;

(20)“off-road vehicle” means an off-road vehicle as defined in Part A, point 2.1, of Annex I to Regulation (EU) 2018/858;

(21)“special purpose vehicle” means a special purpose vehicle as defined in Article 3, point (31), of Regulation (EU) 2018/858;

(22)“off-road special purpose vehicle” means an off road special purpose vehicle as defined in Part A, point 2.3.1, of Annex I to Regulation (EU) 2018/858;

(23)“certificate of conformity” means a certificate of conformity as defined in Article 3, point (5), of Regulation (EU) 2018/858;

(24)“public contract”, in the context of public procurement procedures and unless otherwise specified, means a “public contract” as defined in Article 2(1), point (5), of Directive 2014/24/EU of the European Parliament and of the Council (*4), “supply, works and service contracts” as defined in Article 2, point (1), of Directive 2014/25/EU of the European Parliament and of the Council (*5), and “concessions” as defined in Article 5, point (1), of Directive 2014/23/EU of the European Parliament and of the Council (*6);

(25)“extra heavy combination lorry” or “EHC lorry” means a heavy-duty vehicle of category N3 suitable for use in a vehicle combination and meeting all the following design and construction criteria:

(a)having three axles or more;

(b)with an engine rated power of at least 400 kW;

(c)designed with a technically permissible maximum laden mass (TPMLM) of the combination of more than 60 tonnes;

(*4)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65)."

(*5)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243)."

(*6)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).’;"

(j)the following paragraphs are added:

‘For the purposes of this Regulation, “a group of connected manufacturers” means a manufacturer and its connected undertakings.

In relation to a manufacturer, “connected undertakings” means:

(a)undertakings in which the manufacturer has, directly or indirectly:

(i)the power to exercise more than half the voting rights;

(ii)the power to appoint more than half the members of the supervisory board, board of management or bodies legally representing the undertaking; or

(iii)the right to manage the undertaking’s affairs;

(b)undertakings which directly or indirectly have, over the manufacturer, the right or powers referred to in point (a);

(c)undertakings in which an undertaking referred to in point (b) has, directly or indirectly, the right or powers referred to in point (a);

(d)undertakings in which the manufacturer together with one or more of the undertakings referred to in point (a), (b) or (c), or in which two or more of the latter undertakings, jointly have the right or powers referred to in point (a);

(e)undertakings in which the right or the powers referred to in point (a) are jointly held by the manufacturer or one or more of its connected undertakings referred to in points (a) to (d) and one or more third parties.’

;

(4)the following articles are inserted:

‘Article 3a

CO2 emissions reduction targets

1. The average CO2 emissions of the Union fleet of new heavy-duty motor vehicles, other than special purpose vehicles, off-road vehicles and off-road special purpose vehicles shall be reduced by the following percentages compared to the average CO2 emissions of the reporting period of the year 2019:

(a)15 % for vehicle sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD and 10-LH for the reporting periods of the years 2025 to 2029;

(b)45 % for all vehicle sub-groups other than vocational vehicles for the reporting periods of the years 2030 to 2034;

(c)65 % for all vehicle sub-groups for the reporting periods of the years 2035 to 2039;

(d)90 % for all vehicle sub-groups for the reporting periods of the year 2040 onwards.

2. The vehicle sub-groups shall contribute to the CO2 emissions reduction targets referred to in paragraph 1, in accordance with point 4.3 of Annex I.

3. The CO2 emissions related to the Union fleet of new trailers shall be reduced in accordance with point 4.3 of Annex I.

4. Notwithstanding Article 2(3) of Regulation (EU) 2017/2400, approved heavy-duty vehicles falling under Article 2(3), first subparagraph, point (b), of Regulation (EU) 2018/858 shall not be subject to the CO2 emissions reduction targets set out in paragraphs 1 to 3 of this Article, unless the manufacturer chooses to include those heavy-duty vehicles in the calculation of its specific CO2 emissions and targets when reporting those heavy-duty vehicles in accordance with Part B of Annex IV to this Regulation.

5. Heavy-duty vehicles other than those referred to in paragraph 4 that are registered for use by civil protection services, fire services, forces responsible for maintaining the public order or urgent medical care services shall not be subject to the CO2 emissions reduction targets set out in paragraphs 1 to 3, provided that a Member State so indicates in the registration and reporting process, thereby confirming in the data reported in accordance with Part A of Annex IV that the purpose of the heavy-duty vehicle cannot be equally served by a zero-emission heavy-duty vehicle and it is therefore in the public interest to register a heavy-duty vehicle with a combustion engine to fulfil that purpose.

Heavy-duty vehicles registered for use by armed services shall not be subject to the requirements of this Regulation if a Member State decides not to report them in accordance with Part A of Annex IV.

Article 3b

Additional measures to support the transition to zero-emission heavy-duty vehicles on the Union market

By 30 June 2025, the Commission shall submit to the European Parliament and to the Council a report which considers the need to facilitate the uptake on the Union market of heavy-duty vehicles which are retrofitted to become zero-emission heavy-duty vehicles, including by way of harmonised rules. That report shall contain an analysis of the options and the impact of those options. Where appropriate, the analysis shall be accompanied by a legislative initiative or other action.

Article 3c

Additional measures to support the demand for zero-emission heavy-duty vehicles on the Union market

By 30 June 2027, the Commission shall submit to the European Parliament and to the Council a report which contains an analysis of the potential need for and impact of initiatives to increase the share of zero-emission heavy-duty motor vehicles owned or leased by large fleet operators. In that report, the Commission shall consider possible options to increase the deployment of zero-emission heavy-duty vehicles owned or leased by large fleet operators.

Article 3d

Zero-emission heavy-duty vehicle target for urban buses

1. For heavy-duty vehicles referred to in the fourth column of the table in point 4.2 of Annex I (“urban buses”), manufacturers shall comply with the 90 % and 100 % minimum shares of zero-emission heavy-duty vehicles in their fleet of new heavy-duty vehicles in accordance with point 4.3.2 of Annex I.

2. The Commission shall specify, by means of implementing acts, the common technical specifications, including standards, regarding the technical and open interoperability between the recharging and refuelling infrastructure and urban buses, in terms of physical connections and communication exchange.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).

3. The Commission is empowered to adopt delegated acts in accordance with Article 17 to supplement this Regulation by laying down common technical specifications, including standards, regarding the safe and secure sharing and use of the data generated in relation to the use of urban buses.

Article 3e

Ensuring sustainable and resilient supply chains for urban buses through public procurement procedures

1. Contracting authorities and contracting entities shall base the award of public supply contracts for the purchase, lease, rent or hire-purchase of new zero-emission urban buses, as well as of public service contracts having as their main subject matter the use of such urban buses, on the most economically advantageous tender which shall include the best price-quality ratio.

2. Contracting authorities and contracting entities shall use at least two of the following criteria as technical specifications or as award criteria, at least one of which shall relate to the tender’s contribution to the security of supply as set out in points (a) to (d), depending on the market situation and in compliance with Directive 2014/23/EU, 2014/24/EU or 2014/25/EU, and applicable sectoral legislation, as well as with the Union’s international commitments, including the World Trade Organization Agreement on Government Procurement (the “GPA”) and other international agreements by which the Union is bound:

(a)the proportion of the products of tenders originating in third countries, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council (*7); that criterion shall only apply to products of tenders originating in countries that are not parties to the GPA and that have not concluded a free trade agreement, including rules on public procurement, with the Union;

(b)the current and estimated availability of essential spare parts for the functioning of the equipment that is the subject of the tender;

(c)a commitment by the tenderer that possible changes in its supply chain during the execution of the contract will not adversely affect the execution of the contract;

(d)certification or documentation demonstrating that the organisation of the tenderer’s supply chain allows it to comply with the security of supply requirement;

(e)environmental sustainability going beyond the minimum requirements provided for in applicable Union legal acts.

The first subparagraph shall not preclude contracting authorities and contracting entities from using additional criteria.

3. If the tender’s contribution to security of supply is used as an award criterion, it shall be given a weighting of between 15 to 40 % of the award criteria.

(*7)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).’;"

(5)in Article 4, the first paragraph is replaced by the following:

‘Starting from 1 July 2020, and in each subsequent reporting period, the Commission shall determine for each manufacturer the average specific CO2 emissions in g/tkm for the preceding reporting period, by taking the following into account:

(a)the data reported for the manufacturer’s new heavy-duty vehicles registered in the preceding reporting period;

(b)the zero- and low-emission factor determined in accordance with Article 5; and

(c)in the reporting periods of the years 2030 to 2034, new zero-emission vocational vehicles falling within the scope of point 1.1.1 of Annex I.’

;

(6)Article 5 is amended as follows:

(a)paragraph 1 is replaced by the following:

‘1.   Starting from 1 July 2020 and for each subsequent reporting period until the reporting period of the year 2029, the Commission shall determine for each manufacturer the zero- and low-emission factor for the preceding reporting period.

The zero- and low-emission factor shall take into account the number and the CO2 emissions of all zero- and low-emission heavy-duty vehicles of category N in the manufacturer’s fleet.’

;

(b)paragraph 3 is replaced by the following:

‘3.   For the reporting periods from 2025 to 2029, the zero- and low-emission factor shall be determined on the basis of a 2 % benchmark in accordance with point 2.3.2 of Annex I.’

;

(c)paragraph 4 is replaced by the following:

‘4.   The zero- and low-emission factor shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 3 %. The contribution to that factor of the zero-emission heavy-duty vehicles of category N, other than those in vehicle sub-groups 4-UD, 4-RD, 4-LH, 5-RD, 5-LH, 9-RD, 9-LH, 10-RD or 10-LH, shall reduce the average specific CO2 emissions of a manufacturer by a maximum of 1,5 %.’

;

(7)Article 6 is replaced by the following:

‘Article 6

Specific CO2 emissions targets of a manufacturer

For the reporting period of the year 2025 and for each subsequent reporting period, the Commission shall determine for each manufacturer a specific CO2 emissions target for the preceding reporting period. That target shall be determined in accordance with point 4.1 of Annex I.’

;

(8)the following articles are inserted:

‘Article 6a

Transfer of heavy-duty vehicles between manufacturers

1. For the purpose of calculating the average specific CO2 emissions of manufacturers in accordance with Article 4 and point 2.2 of Annex I, individual heavy-duty vehicles may be transferred between manufacturers, provided the following conditions are fulfilled:

(a)for all transfers: the request is jointly submitted by the transferring and the receiving manufacturer;

(b)for the transfer of heavy-duty vehicles other than zero-emission heavy-duty vehicles: the transferring and the receiving manufacturer belong to a group of connected manufacturers;

(c)for the transfer of zero-emission heavy-duty vehicles between manufacturers not belonging to a group of connected manufacturers: the number of zero-emission heavy-duty vehicles transferred to a manufacturer does not exceed 5 % of all its new heavy-duty vehicles registered in a given reporting period.

The manufacturers shall submit the transfer requests to the Commission using the electronic tools provided by the Commission.

2. Where the Commission considers that the conditions for a transfer are fulfilled, it shall not take the transferred heavy-duty vehicle into account for the calculation of relevant values for the transferring manufacturer, but shall take it into account for the calculation of relevant values for the receiving manufacturer.

Article 6b

Exemption for manufacturers producing few heavy-duty vehicles

1. If a manufacturer registers fewer than 100 new heavy-duty vehicles in a given reporting period, the average specific CO2 emissions as provided for in Article 4 and in point 2.7 of Annex I and the specific CO2 emissions targets as provided for in Article 6 and in point 4.1 of Annex I shall be set at “0” for that reporting period.

2. Where paragraph 1 of this Article applies, the values of the average specific CO2 emissions and of the specific CO2 emissions targets shall not be included in the publication of data under Article 11 for the manufacturers and reporting periods concerned.

3. The exemption laid down in paragraph 1 shall not apply in a given reporting period in any of the following cases:

(a)if the manufacturer so requests;

(b)if the manufacturer requests a transfer of heavy-duty vehicles in accordance with Article 6a;

(c)if the manufacturer is part of a group of connected manufacturers that collectively registered more than 100 heavy-duty vehicles in that reporting period or is part of a group of connected manufacturers that includes a manufacturer to which point (a) or (b) applies.

4. Manufacturers which are not part of a group within the meaning of paragraph 3, point (c), shall inform the Commission if they registered fewer than 100 heavy-duty vehicles in a given reporting period.

5. Manufacturers to which the exemption laid down in paragraph 1 does not apply shall inform the Commission in each reporting period about all their connected undertakings to which the exemption applies.

6. Manufacturers shall inform the Commission for the purposes of paragraphs 4 and 5 by using the electronic tools provided by the Commission.’

;

(9)Article 7 is amended as follows:

(a)in paragraph 1, first subparagraph, the introductory wording is replaced by the following:

‘For the purpose of determining a manufacturer’s compliance with its specific CO2 emissions targets in the reporting periods of the years 2025 to 2039, account shall be taken of its emission credits or emission debts determined in accordance with point 5 of Annex I, which correspond to the number of new heavy-duty vehicles of the manufacturer in a reporting period, multiplied by:’

;

(b)in paragraph 1, second subparagraph, ‘2029’ is replaced by ‘2039’;

(c)in paragraph 1, the third subparagraph is replaced by the following:

‘Emission debts shall be acquired in the reporting periods of the years 2025 to 2039. However, the total emission debt of a manufacturer shall not exceed 5 % of the manufacturer’s specific CO2 emissions target multiplied by the number of heavy-duty vehicles of the manufacturer in that period (“emission debt limit”).’

;

(d)in paragraph 1, the fourth subparagraph is replaced by the following:

‘Emission credits and emission debts acquired in the reporting periods of the years 2025 to 2039 shall, where applicable, be carried over from one reporting period to the next reporting period. However, any remaining emission debts shall be cleared in the reporting periods of the years 2029, 2034 and 2039. Emission credits shall be taken into account for the purpose of determining the manufacturer’s compliance with its specific CO2 emissions target only in any of the reporting periods of the 7 years that follow the reporting period during which they have been acquired.’

;

(e)paragraph 2 is replaced by the following:

‘2.   The CO2 emissions reduction trajectories shall be set for each manufacturer in accordance with point 5.1.2 of Annex I, based on the following linear trajectories:

(a)between the reference CO2 emissions and the CO2 emissions target for the reporting period of the year 2025 or 2030 as specified in Article 3a(1), points (a) and (b);

(b)between the CO2 emissions target for the reporting period of the year 2025 and the CO2 emissions target for the reporting period of the year 2030 as specified in Article 3a(1), point (b);

(c)between the CO2 emissions target for the reporting period of the year 2030 and the CO2 emissions target for the reporting period of the year 2035 as specified in Article 3a(1), point (c); and

(d)between the CO2 emissions target for the reporting period of the year 2035 and the CO2 emissions target for the reporting period of the year 2040 as specified in Article 3a(1), point (d).’

;

(10)the following articles are inserted:

‘Article 7a

Attribution of heavy-duty vehicles to a manufacturer

When calculating the average specific CO2 emissions referred to in Article 4 and the specific CO2 emissions targets referred to in Article 6, the heavy-duty vehicles registered in a given reporting period shall be attributed to the following manufacturers:

(a)for heavy-duty vehicles of category N, to the vehicle manufacturer as defined in Article 3, point (4a), of Regulation (EU) 2017/2400;

(b)for heavy-duty vehicles of category M, to the primary vehicle manufacturer as defined in Article 3, point (29), of Regulation (EU) 2017/2400;

(c)for heavy-duty vehicles of category O, to the vehicle manufacturer as defined in Article 2, point (5), of Commission Implementing Regulation (EU) 2022/1362 (*8).

Article 7b

Calculation of average specific CO2 emissions of heavy-duty vehicles of category M

For heavy-duty vehicles of category M, the following shall apply:

(a)for the calculation of the average specific CO2 emissions in a vehicle sub-group of a manufacturer, a new heavy-duty vehicle of category M shall be considered with its specific CO2 emissions as a complete or completed vehicle under point 2.2.2 of Annex I and shall not be considered in point 2.2.3 of that Annex;

(b)by way of derogation from point (a) of this Article, upon request to the Commission by the primary vehicle manufacturer as referred to in Article 7a, point (b), and subject to the condition set out in point (c) of this Article, a new heavy-duty vehicle of category M shall be considered with the specific CO2 emissions of its primary vehicle in point 2.2.3 of Annex I and shall not be considered in point 2.2.2 of that Annex;

(c)a request under point (b) of this Article for a new heavy-duty vehicle of category M shall not be admissible if the primary vehicle manufacturer, and the vehicle manufacturer as defined in Article 3, point (4a), of Regulation (EU) 2017/2400, of the complete or completed vehicle are connected undertakings or parts of the same legal entity; by submitting such a request, the primary vehicle manufacturer declares that they are not connected undertakings or parts of the same legal entity; it shall provide supporting information to the Commission upon request;

(d)the Commission, with support of the European Environment Agency, shall make available without delay in electronic format the tools and procedural guidance necessary for manufacturers to submit requests as referred to in point (b) to the Commission.

(*8)  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 (OJ L 205, 5.8.2022, p. 145).’;"

(11)Article 8 is amended as follows:

(a)paragraph 1 is replaced by the following:

‘1.   Where a manufacturer is found, pursuant to paragraph 2, to have excess CO2 emissions in a given reporting period from 2025 onwards, the Commission shall impose an excess CO2 emissions premium, calculated in accordance with the following formula: (excess CO2 emissions premium) = (excess CO2 emissions × 4 250 EUR/gCO2/tkm).’

;

(b)paragraph 2 is replaced by the following:

‘2.   A manufacturer shall be deemed to have excess CO2 emissions in any of the following cases:

(a)where, in any of the reporting periods of the years 2025 to 2028, 2030 to 2033 or 2035 to 2038, the sum of the emission debts reduced by the sum of the emission credits exceeds the emission debt limit referred to in Article 7(1), third subparagraph;

(b)where, in the reporting periods of the years 2029, 2034, 2039 and 2040, the sum of the emission debts reduced by the sum of the emission credits is positive;

(c)where, from the reporting period of the year 2041 onwards, the manufacturer’s average specific CO2 emissions exceed its specific CO2 emissions target.

The excess CO2 emissions in a given reporting period shall be calculated in accordance with point 6 of Annex I.’

;

(12)Article 9 is amended as follows:

(a)paragraph 1 is replaced by the following:

‘1.   Type-approval authorities and manufacturers shall, without delay, report to the Commission any of the following deviations from the data reported:

(a)where the CO2 emission values of heavy-duty vehicles in service as a result of verifications performed in accordance with the procedure referred to in Article 13 of this Regulation deviate from the values that are indicated in certificates of conformity or in the customer information file referred to in Article 9(4) of Regulation (EU) 2017/2400;

(b)where errors, due to incorrect input data or other causes, in the execution of the CO2 emissions determination were identified;

(c)where errors in the execution of the CO2 emissions monitoring and reporting were identified;

(d)any deviations other than those referred to in point (a), (b) or (c).’

;

(b)paragraph 2 is replaced by the following:

‘2.   The Commission shall take the deviations referred to in paragraph 1 into account for the purpose of calculating the average specific CO2 emissions of a manufacturer and the reference CO2 emissions. The Commission shall, where appropriate, amend the list referred to in Article 11(1). The Commission shall not be obliged to take deviations into account if the recalculation of the average specific CO2 emissions of a manufacturer or the reference CO2 emissions results in a deviation of less than 0,1 %.’

;

(13)Article 10 is replaced by the following:

‘Article 10

Assessment of reference CO2 emissions

1. In order to ensure the robustness and representativeness of the reference CO2 emissions of vehicle sub-groups to which a reporting period of the year 2024 or later year applies as the reference period according to point 3.2 of Annex I, the Commission shall assess the application of the conditions under which the reference CO2 emissions have been determined and determine whether those emissions have been unduly increased and, if so, how they are to be corrected.

2. If the Commission concludes that all or some of the reference CO2 emissions are to be corrected, it shall adopt an implementing act to carry out those corrections, in accordance with the examination procedure referred to in Article 16(2).’

;

(14)Article 11 is amended as follows:

(a)in paragraph 1, first subparagraph, point (d) is replaced by the following:

‘(d)from 1 July 2020 until 30 June 2041, for each manufacturer, its CO2 emissions reduction trajectory, its emission credits and, from 1 July 2026 until 30 June 2041, its emission debts in the preceding reporting period, as referred to in Article 7;’

;

(b)in paragraph 1, first subparagraph, point (e) is replaced by the following:

‘(e)from 1 July 2026, for each manufacturer, its excess CO2 emissions in the preceding reporting period, as referred to in Article 8(2);’

;

(c)in paragraph 1, the second subparagraph is replaced by the following:

‘The list to be published by 30 April of the year following a year in which a reference period has ended shall include the reference CO2 emissions determined in respect of that reference period.’

;

(d)paragraph 2 is replaced by the following:

‘2.   The Commission shall adopt implementing acts to amend the list set out in paragraph 1 where:

(a)the type-approval procedures referred to in Regulation (EC) No 595/2009 are amended, other than amendments related to the payload and passenger number values used for the determination of CO2 emissions, in such a way that the level of the CO2 emissions of the representative heavy-duty vehicles specified pursuant to paragraph 3 increase or decrease by more than 5 g CO2/km; in such cases the adjusted reference emissions shall be calculated in accordance with point 1 of Annex II and new values shall be published as a complement to previous values, indicating the reporting period when they apply the first time;

(b)the Annexes have been amended in accordance with Article 14 (1), points (a) to (f); in such cases previously published reference CO2 emissions shall be recalculated in accordance with Annex I, taking into account the parameters amended in accordance with Article 14(1), points (a) to (f), and the recalculated set of reference CO2 emissions shall be published and shall replace the previous reference emissions as from the reporting period in which the parameters amended in accordance with Article 14(1), points (a) to (f), apply for the first time.’

;

(e)the following paragraph is added:

‘3.   Where the type-approval procedures referred to in Regulation (EC) No 595/2009 are amended as referred to in paragraph 2, point (a), of this Article, the implementing acts referred to in paragraph 2 of this Article shall either specify or establish a methodology for defining one or more representative vehicles of a vehicle sub-group, including their statistical weightings and the payload and passenger number values to be used for the determination of CO2 emissions. That methodology shall be the basis for the calculation of the adjustment referred to in paragraph 2, point (a)(i), of this Article, taking into account the monitoring data reported pursuant to this Regulation and the technical characteristics referred to in Article 12(1) of Regulation (EU) 2017/2400. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 16(2) of this Regulation.’

;

(15)in Article 13, paragraph 3 is replaced by the following:

‘3.   Where a lack of correspondence of CO2 emission and fuel consumption values which cannot be attributed to a malfunctioning of the simulation tool, or the presence of any strategies artificially improving a vehicle’s performance, is found as a result of the verifications performed pursuant to paragraph 2, the responsible type-approval authority shall, in addition to taking the necessary measures set out in Chapter XI of Regulation (EU) 2018/858, ensure that the customer information files, the certificates of conformity and the individual approval certificates are corrected, as the case may be. Where the data in the customer information files, the certificates of conformity and the individual approval certificates cannot be corrected under Regulation (EU) 2018/858, the responsible type-approval authority shall issue a statement of correction with the corrected data. It shall transmit that statement to the Commission and the parties concerned.’

;

(16)the following articles are inserted:

‘Article 13a

Monitoring and reporting by Member States

1. Starting from the reporting period of the year 2023, Member States shall monitor the data specified in Part A of Annex IV relating to new heavy-duty vehicles registered for the first time in the Union.

By 30 September of each year, starting in 2020, the competent authorities of the Member States shall report those data for the previous reporting period of 1 July to 30 June to the Commission in accordance with the reporting procedure set out in Annex V.

2. The competent authorities responsible for monitoring and reporting data in accordance with this Regulation shall be those designated by the Member States in accordance with Article 7(6) of Regulation (EU) 2019/631.

3. Heavy-duty vehicles designed and constructed or adapted for use by civil protection services, fire services or forces responsible for maintaining public order shall be subject to this Article.

4. Heavy-duty vehicles registered for use by civil protection services, fire services, forces responsible for maintaining public order or urgent medical care services shall be subject to this Article, irrespective of whether they are exempted from Article 3a.

Article 13b

Reporting by manufacturers or other entities responsible for the determination of the CO2 emissions of a heavy-duty vehicle

1. Manufacturers or other entities that are responsible for the determination of the CO2 emissions of a heavy-duty vehicle and are subject to Article 9 of Regulation (EU) 2017/2400 or Article 8 of Implementing Regulation (EU) 2022/1362 shall report the data for new heavy-duty vehicles in accordance with Part B of Annex IV to this Regulation.

By 30 September of each year, they shall report those data to the Commission for each new heavy-duty vehicle with a date of determination, or of assessment, falling within the reporting period ending on 30 June in accordance with the reporting procedure set out in Annex V.

This paragraph shall not apply to heavy-duty vehicles that are exempted pursuant to Article 6b.

2. Each manufacturer or other entity within the meaning of paragraph 1 shall appoint a contact point for the purpose of reporting data in accordance with this Regulation.

3. The reporting obligations under Article 13a(3) and (4) shall apply to manufacturers and other entities within the meaning of paragraph 1 of this Article.

Article 13c

Central register for data on heavy-duty vehicles

1. The Commission shall keep a central register for the data on heavy-duty vehicles (“the central register”) reported pursuant to Articles 13a and 13b.

The central register shall be publicly available with the exception of data entries listed in point 3.2 of Annex V.

The air drag value shall be made publicly available in a range format as set out in Part C of Annex IV.

2. The European Environment Agency shall manage the central register on behalf of the Commission.

Article 13d

Monitoring of the results of on-road verification tests

1. The Commission shall monitor, where available, the results of on-road tests performed within the framework of Regulation (EC) No 595/2009 to verify the CO2 emissions and fuel consumption of new heavy-duty vehicles.

2. The Commission is empowered to adopt delegated acts in accordance with Article 17 in order to supplement this Regulation by specifying the data to be reported by the competent authorities of the Member States for the purposes of paragraph 1 of this Article.

Article 13e

Data quality

1. The competent authorities and manufacturers shall be responsible for the correctness and quality of the data they report pursuant to Articles 13a and 13b. They shall inform the Commission without delay of any errors detected in the data reported.

2. The Commission shall carry out its own verification of the quality of the data reported pursuant to Articles 13a and 13b.

3. Where the Commission is informed of errors in the data reported pursuant to paragraph 1, or finds, after its own verification pursuant to paragraph 2, discrepancies in the dataset, it shall, where appropriate, take the necessary measures to correct the data published in the central register.

4. The Commission may, by means of implementing acts, determine the verification and correction measures referred to in paragraphs 2 and 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16.

Article 13f

Administrative fines

1. The Commission may impose an administrative fine in each of the following cases:

(a)where it finds that the data reported by the manufacturer pursuant to Article 13b of this Regulation deviate from the data resulting from the manufacturer’s records file or the engine type-approval certificate issued within the framework of Regulation (EC) No 595/2009, and the deviation is intentional or due to serious negligence;

(b)where the data are not submitted within the deadline referred to in Article 13b(1), second subparagraph, and the delay cannot be duly justified.

The Commission shall, for the purposes of verifying the data referred to in point (a), consult with the relevant type-approval authorities.

The administrative fines shall be effective, proportionate and dissuasive and shall not exceed EUR 30 000 for each heavy-duty vehicle concerned by deviating or delayed data as referred to in points (a) and (b).

2. The Commission shall adopt delegated acts in accordance with Article 17 to supplement this Regulation by laying down the procedure and methods for the calculation and collection of the administrative fines referred to in paragraph 1 of this Article.

Those delegated acts shall respect the following principles:

(a)the procedure shall respect the right to good administration, and in particular the right to be heard and the right to have access to the file, while respecting the legitimate interests of confidentiality and of commercial secrets;

(b)in calculating the appropriate administrative fines, the Commission shall be guided by the principles of effectiveness, proportionality and dissuasiveness, taking into consideration, where relevant, the seriousness and effects of the deviation or delay, the number of heavy-duty vehicles concerned by the deviating or delayed data, the good faith of the manufacturer, the degree of diligence and cooperation of the manufacturer, the repetition, frequency and duration of the deviation or delay, as well as any prior penalties imposed on the same manufacturer;

(c)administrative fines shall be collected without undue delay by setting deadlines for payment and by including, as appropriate, the possibility of splitting payments of those fines into several instalments and phases.

3. The amounts of the administrative fines shall be considered as revenue for the general budget of the European Union.’

;

(17)Article 14 is replaced by the following:

‘Article 14

Amendments to Annexes I, IV and V

1. The Commission is empowered to adopt delegated acts in accordance with Article 17 of this Regulation with a view to amending the following elements in Annex I to this Regulation to take into account technical progress, the evolution of freight transport logistics, necessary adjustments based on the application of this Regulation and amendments of the underlying type-approval legal acts, in particular Regulations (EU) 2018/858 and (EC) No 595/2009:

(a)the criteria defining vehicle sub-groups set out in point 1.1, including by adding separate vehicle sub-groups for EHC lorries;

(b)the criteria defining vocational vehicles set out in point 1.2;

(c)the criteria for the operational ranges of different powertrain technologies set out in point 1.3;

(d)the list of mission profiles set out in point 1.4;

(e)the weight of mission profiles set out in points 2.1.1, 2.1.2 and 2.1.3;

(f)the payloads, passenger numbers, passenger masses, technically permissible maximum payloads, technically permissible maximum passenger number and cargo volumes of vehicle sub-groups set out in point 2.5;

(g)the annual mileage values set out in points 2.6.1, 2.6.2 and 2.6.3.

2. The Commission is empowered to adopt delegated acts in accordance with Article 17 with a view to amending the following elements in Annex IV:

(a)the data requirements specified in Parts A and B, to take into account technical progress, necessary adjustments based on the application of this Regulation and amendments of the underlying type-approval legal acts, in particular Regulations (EU) 2018/858 and (EC) No 595/2009;

(b)updating or adjusting the air drag value ranges set out in Part C, to take into account changes in the design of heavy-duty vehicles and to ensure that those ranges remain relevant for information and comparability purposes.

3. The Commission is empowered to adopt delegated acts in accordance with Article 17 with a view to amending the following elements in Annex V:

(a)the reporting procedure set out therein, to take into account experience gained from the application of this Regulation and to adapt the reporting procedure to technical progress;

(b)point 3.2, by adding any data entries that have been added to the central register.’

;

(18)Article 15 is replaced by the following:

‘Article 15

Review

1. By 31 December 2027, the Commission shall review the effectiveness and impact of this Regulation, in particular as regards the objective of climate neutrality at the latest by 2050, and submit a report to the European Parliament and to the Council with the results of that review.

In that report, the Commission shall particularly assess:

(a)the number of registrations of zero-emission heavy-duty vehicles in Member States;

(b)the progress in the deployment of public and private alternative fuels recharging and refuelling infrastructure for heavy-duty vehicles covered by this Regulation, as well as the existence of infrastructural constraints in third countries on the operation of newly EU-registered heavy-duty vehicles outside the Union;

(c)the impact on employment, especially on micro, small and medium-sized enterprises (SMEs), the effectiveness of measures to support retraining and upskilling of the workforce, and the importance of an economically viable and socially fair transition towards zero-emission road mobility; special emphasis shall be placed on the impact on peripheral Member States and on the impact on the transport of perishable goods;

(d)whether the continuation of the exemption set out in Article 6b for manufacturers producing few vehicles is still justified;

(e)the impact of establishing minimum energy-efficiency thresholds for new zero-emission heavy-duty vehicles placed on the Union market;

(f)the level of the excess CO2 emissions premium, to ensure that it exceeds the average marginal costs of the technologies needed to meet the CO2 emissions reduction targets;

(g)the inclusion of the following heavy-duty vehicles, which do not currently fall within the scope of Regulation (EU) 2017/2400, in the CO2 emissions reduction targets:

(i)small lorries with a TPMLM less or equal to 5 tonnes, following an investigation of the appropriateness of the determination of CO2 emissions for such heavy-duty vehicles, in accordance with Regulation (EU) 2017/2400 (VECTO simulations), taking into account Regulation (EU) 2017/1151; and

(ii)special purpose vehicles, off-road vehicles and off-road special purpose vehicles;

(h)any specific constraints in complying with Article 3d(1) due to socio-economic cost benefits in view of specific territorial morphology or meteorological circumstances, as well as recent investments in biomethane already made by public authorities;

(i)the role of a carbon correction factor in the transition towards zero-emission mobility in the heavy-duty vehicles sector;

(j)the role of a methodology for registering heavy-duty vehicles running exclusively on CO2 neutral fuels, in conformity with Union law and with the Union climate-neutrality objective;

(k)whether the creation of new vehicle sub-groups for EHC lorries has led to an undue increase in engine rated power;

(l)the possibility of developing a common Union methodology for the assessment, and the consistent data reporting, of the full lifecycle CO2 emissions of new heavy-duty vehicles that are placed on the Union market;

(m)options to consider zero-emission heavy-duty vehicles which have been retrofitted from conventional heavy-duty vehicles previously registered, for the purposes of compliance assessment under this Regulation.

That report shall, where appropriate, be accompanied by a legislative proposal to amend this Regulation.

2. The Commission shall assess the role of sustainable renewable fuels in the transition towards climate neutrality, including in the heavy-duty vehicles sector. Separately from the review referred to in paragraph 1, and as part of a broader strategy for the deployment of such fuels, the Commission shall by 31 December 2025 present a report to the European Parliament and to the Council with a comprehensive analysis of the need to further incentivise the uptake of advanced biofuels and biogas and renewable fuels of non-biological origin in the heavy-duty vehicles sector and the appropriate framework of measures, including financial incentives, to achieve that deployment. Based on that analysis, the Commission shall, where appropriate, make additional legislative proposals or shall make recommendations to the Member States.’

;

(19)Article 17 is amended as follows:

(a)in paragraph 2, the first sentence is replaced by the following:

‘The power to adopt delegated acts referred to in Article 3d(3), Article 13(4), second subparagraph, Article 13d(2), Article 13f(2) and Article 14(1), (2) and (3) shall be conferred on the Commission for a period of five years from 26 June 2024.’

;

(b)in paragraph 3, the first sentence is replaced by the following:

‘The delegation of power referred to in Article 3d(3), Article 13(4), second subparagraph, Article 13d(2), Article 13f(2) and Article 14(1), (2) and (3) may be revoked at any time by the European Parliament or by the Council.’

;

(c)in paragraph 6, the first sentence is replaced by the following:

‘A delegated act adopted pursuant to Article 3d(3), Article 13(4), second subparagraph, Article 13d(2), Article 13f(2) and Article 14(1), (2) and (3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.’

;

(20)Annexes I and II to Regulation (EU) 2019/1242 are replaced by the text set out in Annex I to this Regulation;

(21)the text set out in Annex II to this Regulation is added as Annexes III, IV, V and VI to Regulation (EU) 2019/1242.

Article 2

Amendments to Regulation (EU) 2018/858

Regulation (EU) 2018/858 is amended as follows:

(1)Article 3 is amended as follows:

(a)point (33) is replaced by the following:

‘(33)“semi-trailer” means a trailer in which the axle, or axles are positioned behind the centre of gravity of the vehicle (when uniformly loaded), and which is equipped with a connecting device permitting horizontal and vertical forces to be transmitted to the towing vehicle;’

;

(b)the following point is added:

‘(59)“e-trailer” means any kind of trailer that is able to contribute to the propulsion of the vehicle combination by using its own electric powertrain and which is not able to be used on public roads without being actively towed by a motor vehicle.’

;

(2)in Annex I, Part B, point 6.1.1(d), the following sub-point is added:

‘(iii)the design and construction of the essential constituent elements forming the propulsion and energy storage system in the case of e-trailers;’.

Article 3

Repeal of Regulation (EU) 2018/956

Regulation (EU) 2018/956 is repealed with effect from 1 July 2024.

References to Regulation (EU) 2018/956 shall be construed as references to Regulation (EU) 2019/1242 and shall be read in accordance with the correlation table set out in Annex VI to Regulation (EU) 2019/1242, as included in Annex II to this Regulation.

Article 4

Transitional provisions

Notwithstanding Article 3, in respect of reporting periods prior to 1 July 2024, Regulation (EU) 2019/1242 as applicable on 30 June 2024 and Regulation (EU) 2018/956 as applicable on 30 June 2024 shall continue to apply.

Article 5

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.

It shall apply from 1 July 2024.

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