Explanatory Memorandum to 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 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)88 - Amendment of Regulation (EU) 2019/1242 as regards strengthening the CO₂ emission performance standards for new heavy-duty ... |
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| source | COM(2023)88  |
| date | 14-02-2023 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
As one of the key elements of the European Green Deal , which sets the Commission’s commitment to tackling climate and environmental-related challenges, the European Climate Law enshrines in legislation the EU's commitment to reach the climate neutrality target by 2050 and raise the intermediate ambition by setting the target of at least 55% net emission reduction by 2030 compared to 1990. This is in line with the EU’s commitment to global climate action under the Paris Agreement. The crisis linked to the invasion of Ukraine by Russia makes the case to reduce EU dependency on fossil fuel even stronger, as highlighted in the REPowerEU plan , setting out actions to save energy, diversify supply, substitute fossil fuels and carry out smart investments and reforms in all economic sectors.
Road transport, in particular, is responsible for one fifth of the total greenhouse gas emissions in the EU, and its emissions show an increasing trend. The case for moving to zero-emission mobility becomes even stronger and clearer in view of reducing as quickly as possible EU energy dependency, considering that road transport is also responsible for one third of all final energy consumed in the EU. In this respect, the REPowerEU Plan underlines the need to enhance energy savings and efficiencies in the transport sector and accelerate the transition towards zero-emission vehicles combining electrification and fossil-free hydrogen to replace fossil fuels.
In order to deliver on these increased climate targets, in July 2021 the Commission adopted a comprehensive package of consistent policy proposals as part of the 'Fit for 55' package ’.
. Transport is also responsible for more than two thirds of all NOx emissions and accounts for a significant proportion (around 10 % or more) of the total emissions of other pollutants. Road transport, in particular, continues to account for a significant proportion of emissions of all the main air pollutants (with the exception of SOx).
Without further measures, this sector will not provide a sufficient contribution to the climate and zero pollution objectives for 2030 and 2050 and to reduce EU energy dependency. The policy scenarios that underpin the Climate target Plan and the Fit for 55 package show that increased ambition will be necessary for the reduction of CO2 emissions from HDVs, alongside policies to improve the freight transport systems, including modal shift.
The heavy-duty vehicle (HDV) sector is responsible for more than a quarter of GHG emissions from road transport in the EU and for over 6% of total EU GHG emissions. In 2019, GHG emissions from HDVs were 44% and 37% higher than emissions from total aviation and maritime transport respectively
Overall the automotive industry is of key importance for the EU economy and accounts for over 7% of the EU's GDP. It provides jobs - directly or indirectly, in manufacturing, sales, maintenance, construction and transport and transport services - to 14.6 million Europeans. The EU is among the world's biggest producers of motor vehicles and demonstrates technological leadership in this sector. EU automotive investment in R&D amounts to €60.9 billion annually. The importance of the heavy-duty sector within the automotive industry is significant, with many major production sites for heavy-duty vehicles in the EU. While the number of annually produced new heavy-duty vehicles in the EU of about 500 000 units is significantly smaller than the number of cars, the value added per unit produced is significantly higher for heavy-duty vehicles.
The automotive sector is undergoing a significant structural transformation, including changes in clean and digital technologies, in particular the shift from internal combustion engines towards zero- and low-emission technologies, as well as increasingly connected vehicles. The ambition should be to empower the automotive sector to continue and strengthen its leadership in the technologies of the future.
The HDV CO2 emission standards are key drivers for reducing CO2 emissions in the sector. The general objective of this proposal is to provide new emission standards to reduce CO2 emissions and contribute to the shift to zero-emission mobility in the broader context of increased EU climate ambition by 2030 and EU climate neutrality by 2050.
The proposal serves three specific objectives. The first is to reduce CO2 emissions from heavy-duty vehicles cost-effectively, in line with the EU climate goals while contributing to improving EU energy security. Considering that the effect of the HDV CO2 emission standards on the reduction of emissions from the stock of vehicles is not immediate, and considering the dynamics of the fleet renewal, early action is important to ensure the achievement of the long-term objective.
The second specific objective is to provide benefits for European transport operators and users, most of which are SMEs, resulting from a wider deployment of more energy-efficient vehicles. The HDV CO2 emission performance standards trigger manufacturers to increase the supply of zero-emission vehicles so that consumers can benefit from more affordable zero-emission vehicle models and significant energy savings from their use, hence decreasing the total cost of ownership of such vehicles.
The third specific objective is to strengthen the EU’s industrial technological and innovation leadership by channelling investments into zero-emission technologies. While the automotive sector has been successful in developing and manufacturing advanced internal combustion engine vehicle technologies and marketing them worldwide, it needs to increasingly channel investments in zero-emission technologies to become a leading actor in the ongoing global transition towards zero-emission mobility.
• Consistency with existing policy provisions in the policy area
This initiative is closely interlinked with the proposals adopted under the ‘fit for 55’ package.
By ensuring a reduction of road transport emissions, the CO2 emission standards notably support Member States in meeting their targets under the Effort Sharing Regulation. Since they incentivise the electrification of vehicles, they contribute both to the energy efficiency objectives and by providing a complementary route to using renewable energy also to the renewables objective. The proposal is also in line with the proposals that came out of the Conference on the Future of Europe, in particular proposals 3 and 4 on climate change, energy, transport, which explicitly underline to further reduce dependencies from oil and gas and to promote the use of electric vehicles as well as investments in the necessary recharging infrastructure.
There are clear complementarities between the CO2 emission standards and the emissions trading for buildings and road transport. The CO2 emission standards address the supply of more fuel-efficient and zero-emission vehicles, setting requirements on vehicle manufacturers with regard to their new vehicle fleets. The extension of emissions trading concerns the fuel use in the entire vehicle stock. It could increase both the demand for more fuel-efficient vehicles and for zero-emission vehicles, thus facilitating the fulfilment of the CO2 efficiency objectives of the vehicle manufacturers.
The CO2 emission standards, supplying new zero-emission vehicles to the market, are also a complementary measure to the Renewable Energy Directive, which incentivises the uptake of renewable and low-carbon fuels for the combustion engine vehicles in the stock.
There are also important synergies between CO2 emission standards and a strengthened emissions trading system (ETS), and the Renewable Energy Directive. The emissions trading system and the Renewable Energy Directive will drive the decarbonisation of power generation so that zero-emission vehicles, incentivised by the CO2 emission standards, are progressively powered by renewable energy sources, thus achieving decarbonisation of full well-to-wheel emissions.
Important synergies also exist with the Euro 7 emission type approval proposal, ensuring that all vehicles are as clean as technologically and economically feasible. This is particularly important since even zero emission vehicles, still emit microplastics from tyres and particles from brake systems. It is proposed to regulate these non-exhaust emissions in Euro 7.
Finally, while the CO2 emission standards ensure the supply of zero-emission vehicles, the Alternative Fuels Infrastructure Regulation is a necessary complementary instrument to address the market barrier to the deployment of infrastructure.
A combination of energy taxation, investment in charging and refuelling infrastructure, new carbon pricing and updated CO2 standards leads to a balanced and cost-effective approach for the reduction of emissions from road transport, addressing market barriers and failures as well as providing investors certainty to invest in zero-emission technologies.
• Consistency with other Union policies
This proposal is consistent with all EU actions and policies and helps the EU achieve the increased 2030 target and a successful and just transition towards the 2050 climate neutrality target, as stated by the Commission in the European Green Deal Communication.
Together with the proposal that is part of the ‘fit for 55’ package, the Next Generation EU, the REPowerEU Plan and the Multiannual Financial Framework for 2021-2027, it will help achieve the twin green and digital transitions that Europe is aiming for. The combination of these policies will accelerate the shift to a clean and sustainable economy, linking climate action and economic growth. The initiative is also consistent with the Union policies on a clean and circular economy, sustainable and smart mobility and the objectives of the Zero Pollution Action Plan 1 . As accelerating the uptake of zero-emission HDVs will lead to reductions in air pollution, with co-benefits for water and soil too out of reduced pollution via atmospheric deposition, the initiative contributes to clean air objectives, including to the stricter air quality standards in the proposed revision 2 of the Ambient Air Quality Directives.
As announced in its Communication Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery 3 , the Commission is engaging together with public authorities, stakeholders and social partners in a co-creation process to identify the green and digital transition pathways that will support the scale-up of the manufacturing of zero-emission vehicles, the rapid deployment of alternative fuels infrastructure and the associated up- and re-skilling of workers. The Green Deal Industrial Plan 4 will enhance the competitiveness of Europe's net-zero industry and support the fast transition to climate neutrality. Such plan aims to provide a more supportive environment for the scaling up of the EU's manufacturing capacity for the net-zero technologies and products required to meet Europe's ambitious climate targets.
This initiative is also consistent with the EU’s policy for research and innovation. Support for the development of zero-emission technologies is also foreseen under the EU’s Framework Programme for Research and Innovation, and in particular through Horizon Europe partnerships.
The initiative is consistent with EU funding for zero or low emission vehicles and clean transport. Funding via the Cohesion Fund, the European Regional Development Fund and the Just Transition Fund joinly amounts to € 8.2 billion for clean urban transport infrastructure, € 5.1 billion for clean urban transport rolling stock, € 1.1 billion for alternative fuels infrastructure, € 408 million for the digitalisation of urban transport - greenhouse gas emissions, and € 141 million for the digitalisation of road transport - greenhouse gas emissions. Furthermore, support from the Recovery and Resilience Facility amounts to € 7.7 billion for clean urban transport infrastructure, € 5.4 billion for clean urban transport rolling stock, € 60 million for the digitalisation of transport when dedicated in part to the reduction of greenhouse gas emissions in urban transport, € 380 million for the digitalisation of transport when dedicated in part to the reduction of greenhouse gas emissions in road transport, and € 7.6 billion for zero or low emission vehicles.
On 12 January 2023, the Foreign Subsidies Regulation entered into force. This new set of rules for addressing distortions caused by foreign subsidies will allow the EU to remain open to trade and investment, while ensuring a level playing field for all companies operating in the Single Market.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis for this proposal is Article 192 of the Treaty of the Functioning of the European Union (TFEU). In accordance with Article 191 and 192(1) TFEU, the European Union shall contribute to the pursuit, inter alia, of the following objectives: preserving, protecting and improving the quality of the environment; promoting measures at the international level to deal with regional or worldwide environmental problems, and in particular combating climate change. Regulation (EU) 2019/1242 and Regulation (EU) 2018/956 were both based on Article 192 of the TFEU.
• Subsidiarity (for non-exclusive competence)
Climate change is a trans-boundary problem which cannot be solved by national or local action alone. Coordination of climate action must be taken at the European level and, where possible, at the global level. EU action is justified on the grounds of subsidiarity as set out in Article 5 of the Treaty of the European Union. Since 1992, the European Union has worked to develop joint solutions and drive forward global action to tackle climate change. More specifically, action at the EU level will provide for cost-effective delivery of the 2030 and long-term emission reduction objectives while ensuring fairness and environmental integrity. Articles 191 to 193 of the TFEU confirm and specify EU competencies in the area of climate change.
In light of the emission reduction target for 2030, and in the perspective of the climate neutrality objective to be achieved by 2050, stronger EU action is needed to ensure a sufficiently high contribution of the road transport sector.
Although initiatives at the national, regional and local levels can create synergies, alone they will not be sufficient, also considering the inherent international dimension of road freight transport. A lack of coordinated EU action would translate into a risk of internal market fragmentation due to the diversity of national schemes, differing ambition levels and design parameters. On their own, individual Member States would also represent a market too small to drive industry-level changes and create economies of scale.
• Proportionality
This proposal revises the existing CO2 emission standards for heavy-duty vehicles in order to contribute to the achievement of the climate targets set in the Climate Law. The proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the Union’s objectives of reducing greenhouse gas emissions in a cost-effective manner, while ensuring fairness and environmental integrity. The projected additional costs related to the proposal are outweighted by the provided benefits.
• Choice of the instrument
The proposal provides for an amendment of Regulation (EU) 2019/1242, and a Regulation is therefore the only appropriate legal instrument.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
The HDV CO2 Standards Regulation (EU) 2019/1242 was adopted and entered into force in 2019. It sets new binding CO2 targets starting to apply from the year 2025 onwards. An evaluation of the effective application of these provisions is not possible at this stage.
However, a revision is necessary in order to bring the Regulation in line with the ambitions of the European Green Deal and the strengthened emission reduction targets of the European Climate Law. These changes were subject to an impact assessment.
• Stakeholder consultations
In order to collect evidence and ensure greater transparency, the Commission organised a public consultation from 20 December 2021 to 14 March 2022. A detailed summary and the results are presented in Annex 2 to the Impact Assessment for this proposal. More precisely, the Commission sought feedback from the following stakeholders: Member States (national, regional authorities), vehicle manufacturers, component and materials suppliers, vehicle purchasers (private, businesses, fleet management companies), energy suppliers, environmental, transport and consumer NGOs, social partners, research and academia.
In addition to the public consultation, feedback was also sought through the following means: (i) Meetings with relevant industry associations, vehicle manufacturers, components and materials suppliers, transport operators, NGOs; (ii) Position papers submitted by stakeholders or authorities in the Member States. The main outcomes can be summarised as follows.
The majority of respondents supported the objectives of ‘reducing CO2 emissions from new HDVs in a cost-effective way in line with both the 2030 overall climate target of at least -55% and the climate neutrality objective by 2050’.
The other two objectives (‘reducing EU energy consumption and import dependence on fossil fuels and strengthening technical’ and ‘industrial leadership and stimulating employment in the EU value chain of HDVs’) were also supported by the majority of respondents, but to a lower extent compared to the first one.
Concerning the scope, in all stakeholders’ groups, a majority of respondents supported setting new targets for lorries above 7.5t, urban buses and coaches.
Concerning the target levels, the consultation reflected overall support for strengthening them both in the long and the short term. Environmental NGOs and zero-emission vehicle manufacturers called for the greatest ambition, while vehicle manufacturers, transport operators, component suppliers and suppliers of fuels supported less ambitious targets. Setting standards for trailers and semi-trailers was considered important among all stakeholders except for half of the transport operators who provided mixed opinions. As for the possible introduction of a mechanism for the accounting of renewable- and low-carbon fuels in CO2 target compliance, the consultation reflected mixed views.
• Collection and use of expertise
For the quantitative assessment of the economic, social and environmental impacts, the Impact Assessment has built on a range of scenarios developed for the PRIMES model. This analysis was complemented by applying other modelling tools, such as E3ME and the JRC DIONE model.
Monitoring data on GHG emissions and other characteristics of the new heavy-duty vehicle fleet was sourced from the annual monitoring data as reported by Member States and manufacturers and collected by the European Environment Agency (EEA) under Regulation (EU) 2018/956.
Further information was gathered through service contracts commissioned from external contractors.
• Impact assessment
The Impact Assessment is built on integrated modelling scenarios that reflect the interaction of different policy instruments on economic operators in order to ensure complementarity, coherence and effectiveness in achieving the 2030 and 2050 climate ambition. Such scenarios take into account the policies proposed in July 2021 as part of the ‘fit-for-55’ legislative package and the more recent REPowerEU Plan, as well as the proposed new Euro 7 standards.
Moreover, the Impact Assessment accompanying this proposal has been prepared and developed in line with the applicable Better Regulation guidance. The Regulatory Scrutiny Board issued a negative opinion on 16 September 2022. Following a resubmission, the Board issued a positive opinion with reservations on 6 December 2022.
Contents
- Improvements, as recommended by the Board, have been incorporated into the final version
- Policy options
- Article 1(6): Amendment to Article 5 Zero- and low-emission heavy-duty vehicles
- Article 1(9): Amendment to Article 7 - Emission credits and emission debts
- Article 1(12): Amendment to Article 9 Verification of the monitoring data
- Article 1(16): new Articles 13a to 13f
- New Article 13a - Monitoring and Reporting by Member States
This concerns notably the following main points:
·identification of the remaining CO₂ emission reduction gap that the initiative aims to address
·Further description of the baseline
·Additional information on overall costs and benefits for the most relevant combinations of options and on their proportionality.
·Clarifications on the preferred option
·Discussion on the constraints and risks arising from the potential underdeployment of key technologies and supporting infrastructures, including additional analysis of uncertainties that influence the results
·Further elaboration on the international competitiveness of the HDV sector.
The impact assessment has analysed policy options grouped into topics to address the identified problems and achieve the policy objectives.
CO2 emission targets for new heavy-duty vehicles (scope, levels, timing, modalities);
As regards the target levels, the options considered cover three trajectories up to 2040, also reflecting the objective to achieve a reduction in transport emissions of 90% by 2050.
In order to contribute to the overall 2030 increased ambition level and the 2050 climate neutrality objective, the preferred option is to significantly strengthen the CO2 EU fleet-wide targets for new heavy-duty vehicles as of 2030 and to expand its scope of application. This will provide the necessary steer to accelerate the supply to the market of zero-emission vehicles, bring benefits for vehicle users as well as stimulate innovation and technological leadership while limiting the cost increase for manufacturers. The HDV standards also contribute to reducing air pollutants.
As regards the timing for tightening the targets, the preferred option is to maintain the regulatory approach of setting targets decreasing in 5-year steps in order to take into account the development cycles in the automotive sector.
The possible revenues from excess emissions premiums would remain part of the general EU budget. The other options considered would significantly increase the administrative burden while not directly benefitting the automotive sector in its transition.
The possibility for both EU and non-EU-based small-volume manufacturers to be granted a derogation target would be introduced.
specific incentives for zero- and low-emission vehicles (ZLEV);
Different options were considered as regards the incentive mechanism for ZLEV, both as regards the type of mechanism and the type of vehicles it should cover. The preferred option is to remove, as of 2030, the ZLEV incentive scheme as the market uptake of ZLEVs will be driven by the stricter CO2 targets applicable from that date. This would also simplify the legislation and avoid the risk of undermining its effectiveness.
a mechanism to take into account the potential contribution of renewable and low-carbon fuels for the purpose of target compliance assessment.
In this respect, two options were considered: either a carbon correction factor or a crediting scheme. However, the preferred option is not to include such an accounting mechanism, as this would not be cost-efficient, neither for the manufacturers nor for the operators and society as a whole, blur the responsibilities of different players to reach the targets, undermine the effectiveness and increase the administrative burden and complexity. Promoting the use of renewable and low-carbon fuels is done through the revision of the Renewable Energy Directive, the EU emissions trading and the Energy Taxation Directives.
• Regulatory fitness and simplification
In line with the Commission’s commitment to Better Regulation, the proposal has been prepared inclusively, based on transparency and continuous engagement with stakeholders.
Compared to the current Regulation, the proposal is not expected to increase the administrative costs for businesses and citizens. In addition, in order to contribute to simplification, one existing provision, i.e. the ZLEV “bonus” incentive mechanism, is proposed to be removed from 2030 onwards, and an exemption for small volume manufacturers is proposed to be introduced.
• Fundamental rights
The proposal respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union 5 . In particular, it contributes to the objective of a high level of environmental protection in accordance with the principle of sustainable development as laid down in Article 37 of the Charter of Fundamental Rights of the European Union.
4. BUDGETARY IMPLICATIONS
The analysis and processing of different datasets related to the CO₂ emissions of heavy-duty vehicles are essential elements of the implementation and enforcement of the CO2 emission performance standards. In view of the important legal effects linked to the analysis and processing of those datasets, efforts are needed to ensure the correctness and reliability of such activities. Further resources would be required within the Commission and the European Environment Agency. A detailed breakdown of the budgetary implications is set out in the Legislative Financial Statement.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
A well-established system is already in place for monitoring the implementation of Regulation (EU) 2019/1242. Member States and manufacturers annually report the CO2 emissions and fuel consumption of newly registered heavy-duty vehicles to the Commission.
The Commission, supported by the EEA, publishes every year the final monitoring data of the preceding reporting period, including the manufacturer-specific performance against the CO2 targets or trajectory. The legislation will continue to rely on this well-established monitoring and compliance framework.
• Detailed explanation of the specific provisions of the proposal
Article 1(1): Amendment to Article 1 – Subject matter and objectives
Article 1 is amended to explain that the proposal also lays down the requirement for the monitoring and reporting of certain data of new heavy-duty vehicles.
Article 1(2): Amendment to Article 2 – Scope
Article 2 is amended in order to expand the scope of application of the Regulation to the wider scope of Regulation 2018/956, including now trailers, urban buses, coaches and other types of lorries. References to Directive 2007/46/EC 6 (type approval framework Directive), which was repealed from 1 September 2020, are replaced by references to the type approval Regulation (EU) 2018/858 7 which applies since that date. Vehicles designed and constructed or adapted for use by civil protection, fire services and forces responsible for maintaining public order are not subject to the CO2emissions targets.
Article 1(3): Amendment to Article 3 – Definitions
Certain definitions are updated or added.
Article 1 i: New Articles 3a and 3b
An Article 3(a) is added, which sets out by how much the specific CO₂ emissions of the Union fleet of new heavy-duty motor vehicles shall be reduced in certain years, and defines how such targets are allocated to the HDV subgroups.
It also clarifies that the targets do not apply to special purpose, off-road, off-road special purpose, and vocational vehicles, such as mobile cranes, forestry or agricultural vehicles.
In Article 3b CO₂ emissions requirements related to the Union fleet of new trailers as well as a zero emission vehicle targets for urban buses are set. This zero emission vehicle target does not apply to coaches used for regional and long-distance passenger transport, which are only subject to the CO2 emissions reduction targets set in Article 3a.
Article 5 is amended to end the zero- and low-emission incentive scheme in 2029.
Article 1(7): Amendment to Article 6 – Specific CO₂ emissions targets of a manufacturer
Article 6 is amended to include the CO2 emissions related to trailers, and the zero-emission vehicle target of buses in the specific CO₂ emissions targets of a manufacturer.
Article 1(8): New Articles 6a – Transfer of vehicles between manufacturers and 6b – Exemption for manufacturers producing few vehicles
A new Article 6a is added, giving the possibility to manufacturers to transfer individual vehicles for the purpose of calculating their average specific CO₂ emissions, subject to certain conditions.
A new Article 6b is added, which gives the manufacturers responsible for registering less than 100 new heavy-duty vehicles in the EU the possibility to be exempted from the CO₂ emissions targets.
Article 7 is amended to allow the manufacturers to take into account emission credits or emission debts also after the reporting period of 2029. A CO₂ emissions reduction trajectory is also determined for the reporting period of years 2030 to 2040.
Article 1(10): New Articles 7a – Attribution of vehicles to a manufacturer and 7b – Calculation of average specific CO₂ emissions of vehicles of category M
An Article 7a is added to set how the vehicles registered shall be attributed to a manufacturer for the compliance assessment. A new article 7b is added to set how the average specific CO₂ emissions of vehicles of category M shall be calculated in case the primary vehicle manufacturer is not the manufacturer of the completed vehicle.
Article 9 is amended to cover additional cases in which type-approval authorities and manufacturers must report to the Commission any deviations from the data reported.
Article 1(13): Amendment to Article 10 Assessment of reference CO₂ emissions
Article 10 is amended to cover the assessment of the reference CO₂ emissions of vehicle sub-groups that have been added to the extended scope.
Article 1(14): Amendment to Article 11 – Publication of data and manufacturer performance
A new paragraph is added to allow the Commission to complement the implementing acts referred to in the same Article when the reference emissions must be adjusted due to amendments to the procedure of CO₂ determination.
Article 1(15): Amendment to Article 13 - Verification of the CO₂ emissions of heavy-duty vehicles in-service
A sentence is added to Article 13(3) that set the obligation for the responsible type-approval authority to issue a statement of correction with the corrected data and transmit that statement to the Commission and the parties concerned where the data in the type approval documentation may not be corrected under Regulation (EU) 2018/858.
Articles 13a to 13f integrate Articles 4 to 9 of Regulation (EU) 2018/956 into the amended Regulation (EU) 2019/1242.
A new Article 13a, largely corresponding to Article 4 of Regulation (EU) 2018/956, is added which sets the obligation for Member States to monitor and report certain data on the new heavy-duty vehicles.
New Article 13b – Monitoring and Reporting by Manufacturers or other entities
A new Article 13b, largely corresponding to Article 5 of Regulation (EU) 2018/956, is added, which sets the obligation for manufacturers or other entities to monitor and report certain data on the new heavy-duty vehicles. A new paragraph is added which clarifies the obligations for manufacturers and other entities responsible for the determination of a heavy-duty vehicle.
New Article 13c – Central Registry
A new article 13c, largely corresponding to Article 6 of Regulation (EU) 2018/956, is added, which sets the obligation for the Commission to keep and update a Central register.
New Article 13d – On-road Verification Tests
A new Article 13d, largely corresponding to Article 7 of Regulation (EU) 2018/956, is added, which sets the obligation for the Commission to monitor the results of on-road verification tests in line with Article 7 of Regulation (EU)2018/956.
New Article 13e – Data Quality
A new Article 13e, largely corresponding to Article 8 of Regulation (EU) 2018/956, is added with the obligation for the Commission, competent authorities and manufacturers to ensure the data quality based on an implementing act to be adopted by the Commission.
New Article 13f – Administrative Fines
A new Article 13f, corresponding to Article 9 of Regulation (EU) 2018/956, is added on the administrative fines.
Article 1(17): Amendment to Article 14 – Amendments to the Annexes
Article 14 defines all empowerments of the Commission to amend technical elements in the Annexes with delegated acts. It combines previously existing empowerments of Regulations (EU) 2018/956 and 2019/1242 and adds new empowerments, which became necessary due to the extended scope of the proposed Regulation.
Article 1(18): Amendment to Article 15 – Review and Report
Article 15 suggests a review of the proposed Regulation in 2028 .
Article 1(19): Amendment to Article 17 – Exercise of the delegation
Paragraphs 2, 3 and 6 are updated to add the references to the empowerments contained in the newly added additional Articles integrating the former Regulation (EU) 2018/956 on the Monitoring and Reporting.
Article 2 repeals Regulation (EU) 2018/956.
Article 3 sets the entry into force of this Regulation.